The Florida Senate and Senate President Toni Jennings petition this Court for a writ of mandamus ordering the Florida Secretary of State to expunge from the official records the gubernatorial veto directed at portions of the proviso language in Line Item 117C of the 1999-2000 General Appropriations Act, chapter 99-226, Laws of Florida (the Act). Petitioners also request that the writ order the Florida Comptroller to ensure that this ex-punction is reflected in the state financial operations. Governor Jeb Bush
Line Item 117C involves a $40 million appropriation for an extended school year program in Florida public schools. Under this program, participating schools would extend the academic year for students from 180 to 210 days. A sum of $500,000 was earmarked for summer training programs for representatives from the schools implementing the extended school year. The remaining fund of $39.5 million was earmarked “for both planning and operations grants” for participating schools. Fla. SB 2500, § 2, at 49, line 117C (1999). The proviso specifies that eligibility for such grants is limited to the 234 schools that expressed an interest in an extended school year in response to a February 1999 survey by the Department of Education. However, in order to receive funds from this appropriation, the eligible schools were required to submit to the Commissioner of Education by August 1, 1999, a letter of commitment to extend the school year and to file an implementation plan by January 1, 2000. The proviso also includes a formula for determining how much money will be available for planning grants to participating schools based upon student population and a second formula for calculating each school district’s allocation for the operation of an extended school year. In the event that the amount required to fund the planning and operation grants for all eligible schools exceeds the amount of the appropriation, the proviso authorizes the Commissioner to “fund the cost of extended school year operations on a first-come first-served basis.” Id. at 50.
In his May 27, 1999, veto message, Governor Bush vetoed the $500,000 summer training program and $16,140,000 for operation grants. The Governor let stand $23,-360,000 for extended school year planning grants. The Senate challenges the veto of the operation grants as a violation of the Florida Constitution.
In Broum, this Court adopted the following rule to determine what constitutes a “specific appropriation” for purposes of a gubernatorial veto:
A specific appropriation is an identifiable, integrated fund which the legislature has allocated for a specified purpose.
Id. at 668. However, we later recognized that “[t]his rule, while simple in theory, has been somewhat more difficult to apply in actual practice.” Florida House of Representatives v. Martinez,
In the instant case, the parties agree that the Governor’s veto of the summer training program was permissible. The proviso language at issue in this veto clearly falls within the first category discussed above: the proviso broke the line item appropriation of $40 million into the smaller definite unit of $500,000, which was earmarked for the stated purpose of the summer training program. This proviso, thus, constituted a specific appropriation as stated in Broum and could properly be vetoed by the Governor pursuant to article III, section 8(a).
The real issue in the instant case is the constitutionality of the Governor’s veto of the operations grants. Unlike the summer training program, the proviso does not expressly state the amount of the remaining $39.5 million that has been assigned to the operations grants. The proviso does explain the formula by which the planning grants for the participating schools will be calculated
In calculating the amount he vetoed for the operations grants, the Governor had to look beyond the face of the proviso itself. As stated in his brief, the Governor referred to documents from the Department of Education and the Senate’s working papers and intent documents. As we explained in Martinez, “no matter how accurate the Governor’s monetary estimate [of a proviso] might be,” he may not veto a proviso or portion of a proviso by “supplying his own ‘estimate’ of its monetary cost.”
Here, the proviso language itself also convinces us that the $39.5 million was “an identifiable, integrated fund which the legislature has allocated for [the] specific purpose” of an extended school year program. See Brown,
Moreover, “a fund is not ‘integrated’-it is not a ‘specific appropriation’-unless it consists of all those elements necessary to achieve the stated purpose.” Martinez,
The Governor has filed a counter-petition for a writ of mandamus, arguing that the operations grants proviso language is unconstitutional because the funding formula amends the statutory scheme of the FEFP. The Governor contends that this Court need not rule on the Senate’s writ petition if we determine that the operations grants proviso language in the Act changes or amends existing law on a sub-
Mandamus is the appropriate vehicle for addressing the constitutionality of the provisos only “where the functions of government will be adversely affected without an immediate determination.” Division of Bond Finance v. Smathers,
We do not find that the instant case involves circumstances of direct and immediate adverse effect and thus deny the Governor’s petition for mandamus. If the governor believes that the appropriations to which these vetoes were directed are unconstitutional, his recourse lies in the filing of a suit for declaratory decree in circuit court.” Martinez,
For the foregoing reasons, we grant the Senate’s request for a writ of mandamus, but deny the Governor’s request. We hereby direct the Secretary of State to expunge from the official records of the State the Governor’s veto of the portions of the proviso relating to operations grants. Additionally, we direct the Comptroller to ensure that the expunction of this veto is reflected in the financial operations of the State. Because we believe the parties to this action will fully comply with this opinion, we withhold the formal issuance of the writ of mandamus at this time.
It is so ordered.
Notes
. Governor Bush was permitted to intervene as a respondent.
. The third paragraph of the proviso language provides that schools with 500 or fewer students will receive an $80,000 planning grant; schools with 500 to 1,000 students will receive $100,000; and schools with greater than 1,000 students will receive $120,000.
. Section 236.081, Florida Statutes (Supp. 1998), governs funds for the operation of schools. Subsection (1) describes the procedure to be followed in computing the annual allocation to each district for school operation.
. Article III, section 12 of the Florida Constitution provides that "[l]aws making appropriations for salaries of public officers and other current expenses of the state shall contain provisions on no other subject.” This Court has explained that two major considerations underlie this one subject requirement: to prevent logrolling in appropriations bills; and to ensure the integrity of the legislative process in substantive lawmaking. See Brown v. Firestone,
