Chiles v. PhelpsChiles v. Phelps
Governor Lawton Chiles petitions this Court for a writ of mandamus or other appropriate writ by which he challenges the legislature‘s override during the 1998 regular legislative session of his vetoes on Committee Substitute for House Bill 1227 and Committee Substitute for House Bill 15971 (hereinafter referred to as CS/HB 1227 and CS/HB 1597). Petitioners A Choice for Women and Dr. Edward Watson seek a writ of quo warranto determining that the legislature and its officers exceeded their authority in overriding the Governor‘s veto of CS/HB 1227. The Court has consolidated these cases. We have jurisdiction pursuant to
After adjournment of the 1997 regular legislative session, Governor Chiles vetoed several bills passed during that session. Pursuant to
Immediately before the 1998 regular session, Governor Chiles filed a petition for writ of mandamus directing the Clerk and Speaker of the House to return all vetoed bills and signed objections from the 1997 regular session to the Department of State, as he asserted
During the 1998 regular session, the House and Senate voted to override the Governor‘s vetoes on CS/HB 1227 and CS/HB 1597. Those laws became effective sixty days after May 1, 1998, the end of the 1998 regular session.
Petitioners allege that under
According to their petition, A Choice for Women is a clinic which provides abortions and other services, including those prohibited by CS/HB 1227. Dr. Watson is the medical director of the clinic and a doctor who performs abortions and uses other procedures prohibited by the bill.
As an initial matter, respondents argue that this Court lacks jurisdiction to consider or should refrain from addressing the petitions. They assert that the separation of powers doctrine precludes any attempt by
We have interpreted this to require the judiciary to “refrain from deciding a matter that is committed to a coordinate branch of government by the demonstrable text of the constitution.” McPherson v. Flynn, 397 So.2d 665, 667 (Fla.1981) (constitution gives legislature sole power to determine qualifications of its members). See Moffitt v. Willis, 459 So.2d 1018 (Fla.1984) (court lacked jurisdiction to determine whether legislature violated its internal rules of procedure). However, as the highest court of the judicial branch of government, one of our primary judicial functions is to interpret statutes and constitutional provisions. Locke v. Hawkes, 595 So.2d 32, 36 (Fla.1992). In carrying out this function, we do not violate the separation of powers doctrine by determining whether a legislative enactment was constitutionally adopted.
Respondents claim that the Governor lacks authority to bring the instant petition, because
Further, we have recognized that members of the legislature have standing as citizens and taxpayers to challenge alleged unconstitutional acts of the executive branch. See House of Representatives v. Martinez, 555 So.2d at 843; Thompson v. Graham, 481 So.2d 1212, 1213 n. 2 (Fla.1985); Brown v. Firestone, 382 So.2d 654, 662 (Fla.1980). Although Governor Chiles has filed the instant petition as Governor, in House of Representatives v. Martinez, we found the individual House members to have standing as taxpayers despite the fact that the House of Representatives was named as petitioner. Respondents advance no reason why the Governor should not be afforded the same standing as members of the legislature have historically been afforded.
Additionally, petitioners A Choice for Women and Dr. Watson filed their petition as members of the general public. We have held that members of the general public seeking enforcement of a public right may obtain relief through quo warranto. See Martinez v. Martinez, 545 So.2d at 1339 (“In quo warranto proceedings seeking the enforcement of a public right the people are the real party to the action and the person bringing suit `need not show that he has any real or personal interest in it.‘“) (footnote omitted) (quoting State ex rel. Pooser v. Wester, 126 Fla. 49, 53, 170 So. 736, 737 (1936)). The “public right” at issue in Martinez was the right to have the Governor perform his duties and exercise his powers in a constitutional manner. 545 So.2d at 1339 n. 3. A similar public right is at issue here, i.e., the right to have the legislature and its leaders exercise their powers in a constitutional manner.
Although respondents argue that the legislature as a body is not a state officer or agency for purposes of
We have stated that under ordinary circumstances, the constitutionality of a statute should be challenged by way of a declaratory judgment action in circuit court. Moreau v. Lewis, 648 So.2d 124, 126 (Fla.1995). However, we have accepted jurisdiction in original proceedings where the functions of government would be adversely affected absent an immediate determination by this Court. Id.; Dickinson v. Stone, 251 So.2d 268 (Fla.1971). Because the issue in these petitions creates uncertainty for those required to enforce these laws, as well as for those who may be subject to their reach, we believe that an immediate determination is required.6 Accordingly, we exercise our jurisdiction to consider the instant petitions.
Turning to the merits of the petitions, the issue before us is whether the legislature violated
“Any inquiry into the proper interpretation of a constitutional provision must begin with an examination of that provision‘s explicit language.” Florida Soc‘y of Ophthalmology v. Florida Optometric Ass‘n, 489 So.2d 1118, 1119 (Fla.1986).
(a) Every bill passed by the legislature shall be presented to the governor for his approval and shall become a law if he approves and signs it, or fails to veto it within seven consecutive days after presentation. If during that period or on the seventh day the legislature adjourns sine die or takes a recess of more than thirty days, he shall have fifteen consecutive days from the date of presentation to act on the bill....
(b) When a bill or any specific appropriation of a general appropriation bill has been vetoed by the governor, he shall transmit his signed objections thereto to the house in which the bill originated if in session. If that house is not in session, he shall file them with the secretary of state, who shall lay them before that house at its next regular or special session, and they shall be entered on its journal.
(c) If each house shall, by a two-thirds vote, re-enact the bill or reinstate the vetoed specific appropriation of a general appropriation bill, the vote of each member voting shall be entered on the respective journals, and the bill shall become law or the specific appropriation reinstated, the veto notwithstanding.
This decision is guided, in part, by the nature of our state constitution. We have noted that:
The Constitution of this state is not a grant of power to the Legislature, but a limitation only upon legislative power, and unless legislation be clearly contrary to some express or necessarily implied prohibition found in the Constitution, the courts are without authority to declare legislative Acts invalid. The Legislature may exercise any lawmaking power that is not forbidden by organic law.
Savage v. Board of Public Instruction, 101 Fla. 1362, 1369, 133 So. 341, 344 (1931) (citing State v. [Bryan], 50 Fla. 293, 39 So. 929 (1905); Jordan v. Duval County, 68 Fla. 48, 66 So. 298 (1914); and Stone v. State, 71 Fla. 514, 71 So. 634 (1916)). The legislature‘s power is inherent, though it may be limited by the constitution. Thus, the legislature “looks to the Constitution for limitations on its power and if not found to exist its discretion reasonably exercised is the sole brake on the enactment of legislation.” State v. Board of Pub. Instruction, 126 Fla. 142, 151, 170 So. 602, 606 (1936).
Petitioners suggest that amendments to the 1968 constitution evidence an intent to require the legislature to consider the vetoed bills during the special session. The 1885 constitution required that the Governor file vetoed bills and his objections thereto in the office of the Secretary of State, who was to “lay the same before the Legislature at its next session.”
No party has provided, nor has this Court found, direct evidence of the intent underlying this change. However, it seems likely that the change was intended to codify the interpretation given to the 1885 constitution by Attorneys General and to provide the legislature with the ability to consider veto overrides at a special session if it so desired. In a 1944 opinion, Attorney General Watson determined that the constitution did not require that veto messages be sent to a special session. See Op. Att‘y Gen. Fla. 044-158 (1944). Later, Attorney General Ervin addressed the question of whether the legislature could consider vetoed bills at a special session held before the next regular session. The Attorney General noted that under the long-standing construction of
In a 1967 opinion Attorney General Faircloth addressed the Governor‘s power to recall a bill vetoed by him and filed with the Secretary of State. In connection with the Secretary of State‘s duty to present a vetoed bill and veto message to the “next session” of the legislature, the Attorney General referred to his informal opinion to Senator John Mathews. There, the Attorney General determined that while it was not mandatory for the legislature to consider the Governor‘s current veto messages until the next regular session, the legislature could, by two-thirds vote of each house, consider such veto messages at an extra or special session convened
In a 1976 advisory opinion to Representative George Sheldon, Attorney General Shevin addressed the following question:
Must the legislature take action to either sustain or override gubernatorial vetoes during a special or extra session or can consideration of such vetoes be delayed until the next regular session?
Op. Att‘y Gen. Fla. 076-243 (1976). The Attorney General analyzed these prior Attorney General opinions and concluded:
While it could be argued that the 1968 Constitution has altered this construction and has made consideration of veto messages mandatory at special sessions, I am unable to reach such a conclusion in the absence of specific evidence of such an intent. Significantly, the comments accompanying
s. 8(b), Art. III, State Const. , do not make mention of such an intent to alter the previous construction given the 1885 Constitution by three former Attorneys General. To the contrary, a persuasive argument can be made that the insertion of the word “special” in the 1968 Constitution was done in order to give the Legislature the power to consider vetoed bills during the special session if it desired to do so. To flatly state, however, that such action is required or mandated is a different matter, and I am unable to construes. 8(b), Art. III in such a manner in the absence of unequivocal evidence of an intent to impose such a constitutional requirement upon the Legislature.
We agree with this analysis. We note that the Attorney General‘s construction of this provision is entitled to considerable weight. See Florida Soc‘y of Ophthalmology v. Florida Optometric Ass‘n, 489 So.2d at 1120-21 (“[E]stablished constructions of constitutional provisions are `presumptively correct unless manifestly erroneous.‘“) (quoting State v. Kaufman, 430 So.2d 904, 907 (Fla. 1983)).
Further, to interpret
To require the legislature to consider during a special session all bills vetoed after adjournment of the regular session defeats the obvious intent of
Accordingly, we hold that the legislature did not violate
We find no merit in petitioners’ claim that the Clerk‘s continued holding of the vetoed bills violates
For the reasons set forth above, the petitions are denied.
It is so ordered.
OVERTON, SHAW, KOGAN, WELLS, ANSTEAD and PARIENTE, JJ., concur.
Notes
All original acts and resolutions passed by the Legislature, and all other original papers acted upon thereby, together with the Journal of the Senate, and the Journal of the House of Representatives, shall, immediately upon the adjournment thereof, be deposited with, and preserved in, the Department of State, by which they shall be properly arranged, classified, and filed, provided that the journal of the executive session of the Senate shall be kept free from inspection or disclosure except upon the order of the Senate itself or some court of competent jurisdiction.