Curtis Leon HEGGS, Appellant,
v.
STATE of Florida, Appellee.
Supreme Court of Florida.
*621 James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida, for Appellant.
Robert A. Butterworth, Attorney General; James W. Rogers and Edward C. Hill, Jr., Assistant Attorneys General, Tallahassee, Florida; and Dale E. Tarpley, Assistant Attorney General, Tampa, Florida, for Appellee.
PER CURIAM.
REVISED OPINION
We have for review a circuit court judgment certified as having a great effect on the proper administration of justice throughout Florida and as requiring immediate resolution by this Court. See Heggs v. State,
I. FACTUAL BACKGROUND IN THE PRESENT CASE
In December 1995, the State of Florida (the State) filed an information against Curtis Leon Heggs (Heggs), charging him *622 with committing an armed robbery on November 2, 1995, in violation of section 812.13(2)(a), Florida Statutes (1995). Later that December, the State filed a second information, charging Heggs with committing an additional armed robbery with the offense occurring on October 24, 1995, in violation of the same statute. On September 4, 1996, a jury found Heggs guilty of the armed robbery offense charged in the second information, and later that same day, Heggs entered a written plea of guilty to the armed robbery charged in the first information.
Subsequently, on November 1, 1996, the trial court sentenced Heggs on each armed robbery offense to 132 months (11 years) in prison, with such sentences to run concurrently. The trial court calculated Heggs' sentences based on the 1995 sentencing guidelineswhich were the 1994 sentencing guidelines as amended by chapter 95-184, Laws of Floridabecause he committed his offenses on or after October 1, 1995. See Ch. 95-184, §§ 2-6, at 1678-98, Laws of Fla.; § 921.001(4)(b)2., Fla. Stat. (1995); see also Fla. R.Crim. P. 3.702; Fla. R.Crim. P. 3.991. Under the 1995 guidelines, the permitted sentencing range for Heggs' offenses was 83.2 to 138.7 months, while under the 1994 guidelines, the permitted sentencing range for these offenses would have been 55.8 to 93.5 months.[1] Further, because Heggs carried a firearm during the commission of the armed robberies, each of his sentences included a three-year minimum prison term in accordance with section 775.087(2), Florida Statutes (1995).[2] After imposition of these sentences, Heggs filed a consolidated appeal from both his trial and plea cases on November 18, 1996.
On appeal before the Second District, Heggs asserted in his initial brief that both of his sentences were either "illegal" or "unlawful" because chapter 95-184 violates the single subject rule contained in article III, section 6 of the Florida Constitution, which provides, in pertinent part, that "[e]very law shall embrace but one subject and matter properly connected therewith, and the subject shall be briefly expressed in the title." Even though Heggs had not raised the single subject rule challenge in the trial court, he claimed in his brief that the challenge should be considered for the first time on appeal under the doctrine of fundamental error. The Second District agreed with Heggs and stated:
Heggs did not challenge the constitutionality of the sentencing guidelines in the circuit court. Even so, his increased sentence[s] under the 1995 guidelines implicate[] a fundamental due process liberty interest. See State v. Johnson,616 So.2d 1 , 3 (Fla.1993). Consequently, we may review this issue of fundamental *623 error on appeal. See Id. at 4; see also § 924.051(3), Fla. Stat. (Supp.1996).
Heggs,
Heggs'[] challenge to chapter 95-184 presents an issue very similar to that raised in Thompson v. State,708 So.2d 315 (Fla. 2d DCA 1998), review granted,717 So.2d 538 (Fla.1998). In Thompson, we held that chapter 95-182, which addressed violent career criminal sentencing, was unconstitutional because the enactment embraced civil and criminal provisions that had no "natural or logical connection." That chapter's objectionable civil provisions addressing domestic violence injunctions also appear in chapter 95-184, at issue here. As we pointed out in Thompson, these three provisions began as bills in the Florida House of Representatives, failed to pass, and later were engrafted onto several Senate Bills: SB 168, which became chapter 95-182 (the subject of Thompson); SB 172, which became chapter 95-184 (the subject of this case); and SB 2216, which became chapter 95-195.
Following our own precedent in Thompson, we believe that chapter 95-184 violates the single subject rule because it, too, embraces civil and criminal provisions that are not logically connected. The two subjects "are designed to accomplish separate and dissociated objects of legislative effort."708 So.2d at 317 (quoting State ex rel. Landis v. Thompson,120 Fla. 860 , 892-893,163 So. 270 , 283 (1935)). Likewise, as in Thompson, here there is no legislative statement of intent to implement comprehensive legislation to solve a crisis. See Thompson,708 So.2d at 315 .
Heggs,
II. STANDING TO CHALLENGE CHAPTER 95-184 ON SINGLE SUBJECT RULE GROUNDS
In the decision below, the Second District determined that the window period for challenging chapter 95-184 on single subject rule grounds opened on October 1, 1995. See Heggs,
The Second District also determined that the window period for challenging chapter 95-184 on single subject rule grounds closed on May 24, 1997, the date on which chapter 97-97, Laws of Florida, reenacted the provisions contained in chapter 95-184 as part of the Legislature's biennial adoption of the Florida Statutes. See Heggs,
III. HEGGS' FAILURE TO RAISE HIS SINGLE SUBJECT RULE CHALLENGE IN THE TRIAL COURT
Even though Heggs did not assert a single subject rule challenge against chapter 95-184 in the trial court, the Second District determined that it could review such a challenge for the first time on appeal in this case because "his increased sentence[s] under the 1995 guidelines implicate[] a fundamental due process liberty interest." Heggs,
IV. SINGLE SUBJECT RULE ANALYSIS
The single subject rule challenge against chapter 95-184 in this case is almost identical to the challenge presented in Thompson v. State,
Chapter 95-184 is characterized as "[a]n act relating to the justice system." Ch. 95-184, at 1676, Laws of Fla. The chapter law is comprised of 40 sections. See id. Section 1 provides that "[s]ections 2 through 36 of this act may be cited as the `Crime Control Act of 1995'"; section 39 is a severability clause; and section 40 provides that "[e]xcept as otherwise provided herein, this Act shall take effect upon becoming law." See id. at 1724. Therefore, there are 36 substantive sections contained in chapter 95-184. These substantive sections may be summarized as follows:
Sections 2-7. These sections amend various portions of chapter 921, Florida Statutes, relating to criminal sentencing guidelines. See Ch. 95-184, §§ 2-7, at 1678-99. These are the sections of chapter 95-184 that primarily affect Heggs.
Sections 8-13. These sections amend various substantive criminal statutes. See id. §§ 8-13, at 1699-1703. Specifically, section 8 amends the burglary statute (section 810.02) to create new penalty levels for the offense; section 9 amends the theft statute (section 812.014) to differentiate between levels of the offense; section 10 amends subsection (2) of 538.23 (dealing with secondary metals recyclers) to correspond with the changes to the theft statute; section 11 amends the retail and farm theft statute (section 812.015) to reflect the changes in the theft statute; section 12 amends the criminal justice information statutes (section 943.051) to reflect the changes in the theft statute; and section 13 amends the accessory after the fact statute (section 773.03) by establishing new penalty degrees of the offense.
Sections 14-25. These sections amend various statutes addressing substantive crimes and sentencing enhancement, in part to reflect changes in the sentencing guidelines established in sections 2 through 7. See Ch. 95-184, §§ 14-25, at 1703-16. In theory, section 19 impacts Heggs' three-year minimum sentence terms, see supra note 2, while section 25 amends another portion of chapter 921 relating to sentencing alternatives (section 921.187).
Sections 26-27. These sections amend the gain-time and control release statutes, respectively, in part to reflect changes in the sentencing guidelines. See Ch. 95-184, §§ 26-27, at 1716-18.
Sections 28-35. These sections amend various statutes relating to monetary compensation for crime victims. See Ch. 95-184, §§ 28-35, at 1718-22. For example, section 28 amends section 960.293, Florida Statutes, to reflect that a crime victim should be compensated in a civil suit for damages for actual losses suffered as a result of the crime. See id., Ch. 95-184, § 28, at 1718. The concept of a civil restitution lien is also present throughout the amendments adopted by sections 29 through 35. See id., §§ 29-35, at 1718-22.
Sections 36-38. These three sections amend various statutes relating to domestic violence, and they are the exact provisions that were included in chapter 95-182, the chapter law at issue in *626 Thompson. Compare Ch. 95-182, §§ 8-10, at 1673-75 (amending section 741.31, creating section 768.35, and amending section 784.046, respectively), with Ch. 95-184, §§ 36-38, at 1722-24 (same). Section 36 of chapter 95-184 amends section 741.31, Florida Statutes, to create a civil cause of action for damages (including costs and attorney's fees) for injuries inflicted in violation of a domestic violence injunction, to be enforced by the court that issued the injunction.[5] Section 37 creates section 768.35, Florida Statutes, to provide a cause of action for victims of continued domestic violence. Finally, section 38 amends several portions of section 784.046, Florida Statutes, by imposing certain procedural duties on clerks of court and law enforcement officers regarding the filing and enforcement of domestic violence injunctions.
In his briefs to this Court, Heggs argues that the sections of chapter 95-184 summarized above address four different subjects: criminal sentencing; defining substantive crimes; monetary compensation for crime victims; and civil remedies for victims of domestic violence. During oral argument, Heggs asserted that those sections address at least three different subjects: criminal sentencing, monetary compensation for crime victims, and civil remedies for victims of domestic violence. Conversely, the State claims the various sections comprising chapter 95-184 "are cogent and interrelated and directed to one primary object: the definition, punishment, and prevention of crime and the concomitant protection of the rights of crime victims." State's Answer Brief at 7-8. After reviewing the various sections contained in chapter 95-184, we conclude that our analysis in Thompson concerning chapter 95-182 must be applied herethe domestic violence provisions contained in chapters 95-182 and 95-184 are not naturally or logically connected to the remaining criminal subject matters contained in those chapter laws. We agree with the reasoning of the Second District that:
Following our own precedent in Thompson, we believe that chapter 95-184 violates the single subject rule because it, too, embraces civil and criminal provisions that are not logically connected. The two subjects "are designed to accomplish separate and dissociated objects of legislative effort."708 So.2d at 317 (quoting State ex rel. Landis v. Thompson,120 Fla. 860 , 892-893,163 So. 270 , 283 (1935)). Likewise, as in Thompson, here there is no legislative statement of intent to implement comprehensive legislation to solve a crisis. See Thompson,708 So.2d at 315 .
Heggs,
The State asserts that this case differs from Thompson because chapter 95-184, to a greater degree than chapter 95-182, is a comprehensive law similar to those upheld by this Court in Burch v. State,
We realize that our decision here will require, among other things, the resentencing of a number of persons who were sentenced under the 1995 guidelines, as amended by chapter 95-184. However, only those persons adversely affected by the amendments made by chapter 95-184 may rely on our decision here to obtain relief. Stated another way, in the sentencing guidelines context, we determine that if a person's sentence imposed under the 1995 guidelines could have been imposed under the 1994 guidelines (without a departure), then that person shall not be entitled to relief under our decision here. See, e.g., Freeman v. State,
V. SEVERABILITY
The final issue to be addressed in this case is whether the sections contained in chapter 95-184 that address civil remedies for victims of domestic violence may be severed from the chapter law so that the remaining sections may remain valid. The State argues that this Court's decision in Moreau v. Lewis,
In Colonial Investment Co. v. Nolan,
Since issuing these vintage opinions, this Court has not discussed the concept of severability as it relates to whether a chapter law violated article III, section 6 of the Florida Constitution, other than in Moreau. In that case, the petitioner challenged the constitutionality of Specific Appropriation 63 of the 1994-95 General Appropriations Act (the Act), as well as section 2, subsection 18 of the Act's Implementing Bill. See
An unconstitutional portion of a general law may be deleted and the remainder allowed to stand if the unconstitutional provision can be logically separated from the remaining valid provisions, that is, if the legislative purpose expressed in the valid provisions can be accomplished independently of those which are void; and the good and bad features are not inseparable and the Legislature would have passed one without the other; and an act complete in itself remains after the invalid provisions are stricken.
Moreau,
After reviewing Moreau, we find that the severability analysis set forth therein must be limited to the appropriations context. Our reasoning is four-fold. First, pursuant to article III, section 12 of the Florida Constitution, laws on appropriations must address only that subject and not amend substantive law. Second, as is clear from Moreau, when the Legislature enacts a law to implement a general appropriations act, such implementing bill must relate only to appropriations as well. Third, any expansive application of severability would emasculate the "one subject" constitutional provision and thrust the judiciary into the legislative arena. Finally, the Implementing Bill at issue in Moreau provided that it was "`[a]n act relating to implementing the fiscal year 1994-95 General Appropriations Act.'" Moreau,
In summary, we find that the doctrine of severability is applicable in the single subject rule context only in certain situations. First, as set forth in Moreau, a court may sever portions of a law implementing a general appropriations law if severing such portion or portions of the implementing bill would not run afoul of the principles set forth in Wood. Second, a court may sever a portion or portions of the body of a chapter law that are properly a single subject but have not been adequately noticed in the title, if severing such portion or portions would not run afoul of the principles set forth in Wood. See Physical Therapy Rehab.,
It is very doubtful that the doctrine of severability is applicable to an act containing two or more subjects adequately expressed by its title. Where a portion of an act is unconstitutional, the doctrine of severability saves the constitutional portions and gives them effect, where to do so will carry out the legislative purpose. Unconstitutionality, generally flows from lack of legislative power. The one subject rule is not concerned with substantive legislative power. It is aimed at log-rolling. It is assumed, without inquiring into the particular facts, that the unrelated subjects were combined in one bill in order to convert several minorities into a majority. The one-subject rule declares that this perversion of majority rule will not be tolerated. The entire act is suspect and so it must all fall. If this is the rationale for the constitutional rule and it certainly is the principal one stated by the courts, then it is manifestly unsound to employ severability to save the provisions dealing with one of the subjects. The necessary assumption that this will carry out the legislative purpose, assented to by a majority of the legislators, cannot be made.
Ruud, 42 Minn. L.Rev. at 399.[8] If we were to adopt the severability approach, this Court would be thrusting itself into the legislative arena, a venture we care not to undertake in connection with this single subject analysis. We now apply these above-stated principles to the present case.
The title of chapter 95-184, in its entirety, spans almost two pages of text. See Ch. 95-184, at 1676-78. Clearly located within the lengthy title is a reference to amending sections 741.31, 768.35, and 784.06, Florida Statutes,[9]see id. at 1677-78, which are the domestic violence provisions addressed in sections 36 through 38 of the chapter law. See id. §§ 36-38, at 1722-24. Therefore, as it is clear that both the title and the body of chapter 95-184 contain more than one subject, the domestic violence provisions may not be severed from the Act to save its remaining sections. Accordingly, we hold chapter 95-184, Laws of Florida, void in its entirety, reverse the sentences imposed in this case, and remand this cause for resentencing in accordance with the valid laws in effect on October 24 and November 2, *631 1995, the dates on which Heggs committed his respective offenses.
It is so ordered.
HARDING, C.J., and SHAW, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
WELLS, J., dissents with an opinion.
WELLS, J., dissenting.
For the reasons stated in my dissent in State v. Thompson,
NOTES
Notes
[1] This 1994 guidelines calculation is taken directly from the opinion below, in which the Second District stated, "It is not disputed that Heggs's sentencing range under the 1994 guidelines would be 55.8 months to 93.5 months." Heggs,
[2] Although the trial court did not specify the year of the statute under which it imposed the three-year minimum mandatory prison terms, it is clear that the 1995 version of the statute, as amended by chapter 95-184, Laws of Florida, would apply to Heggs because he committed his offenses on or after October 1, 1995. See Ch. 95-184, § 19, at 1708-10, Laws of Fla. (amending section 775.087, applicable to offenses committed on or after October 1, 1995). Thus, theoretically, Heggs' three-year minimum mandatory prison terms would be impacted by this Court's ruling as to the constitutionality of chapter 95-184. Practically, however, this Court's ruling on chapter 95-184 will not entitle Heggs to relief from his minimum mandatory prison terms because he would have received such terms under the 1993 version of section 775.087(2). See § 775.087(2), Fla. Stat. (1993).
[3] We must clarify the Second District's determination, however, as applied to persons affected by other changes made by chapter 95-184. Specifically, while some sections of chapter 95-184 became effective on October 1, 1995, e.g., chapter 95-184, section 6, at 1693, Laws of Florida, other sections became effective on June 8, 1995, when the Governor approved the law. See Ch. 95-184, § 40, at 1724 ("Except as otherwise provided herein, this act shall take effect upon becoming a law."); Parker v. Evening News Pub. Co.,
[4] We requested supplemental briefing from the parties regarding whether sections 924.051(3) and 921.051(4), Florida Statutes (Supp.1996), which are portions of the Criminal Appeal Reform Act (the Act), and this Court's rules implementing the Act (Implementing Rules), apply in this case, and if so, what effect the Act and Implementing Rules would have. At oral argument, the Assistant Attorney General representing the State conceded that even if the Act and Implementing Rules apply to this case, Heggs would still be able to assert his single subject rule challenge against chapter 95-184 for the first time on appeal. Based on the facts of this case, we agree with the State's concession and thus do not determine whether the Act and Implementing Rules apply to persons who committed their offenses before those laws became effective. Cf. Nelson v. State,
[5] Interestingly, section 36 is the only section in chapter 95-184 dealing with domestic violence that is included as part of the "Crime Control Act of 1995." See Ch. 95-184, § 1, at 1678. This anomaly appears to be the result of an oversight. Specifically, on May 4, 1995, the House of Representatives considered Committee Substitute for Senate Bill 172, the bill version of chapter 95-184. See Fla. H.R. Jour. 1214-1232 (Reg.Sess.1995). At that time, the House substantially overhauled the version of Committee Substitute for Senate Bill 172 that had been referred from the Senate. See id. The result of this overhaul was a 41 section bill, with current section 36 then found at section 37. See id. After this 41-section bill was presented, however, Representative Martinez proposed an additional amendment to eliminate section 28 from the 41-section bill. See id. at 1232. The House approved the amendment proposed by Representative Martinez, and the text and title of the bill were corrected to reflect the elimination of section 28. See id. However, section 1 of the bill declaring that "sections 2 through 36 of this act may be cited as the `Crime Control Act of 1995'" was not edited to reflect the change. See id. As a result, according to the text of chapter 95-184, section 36 is part of the "Crime Control Act of 1995."
[6] Heggs notes that these decisions were subject to vigorous dissent on the single subject rule issue. See Burch,
[7] Article III, section 12 of the Florida Constitution provides: "Laws making appropriations for salaries of public officers and other current expenses of the state shall contain provisions on no other subject."
[8] We recognize that courts in other jurisdictions have severed portions of single subject rule violative chapter laws in a variety of circumstances. See, e.g., Western Int'l v. Kirkpatrick,
[9] Curiously, the title of chapter 95-184 also provides the following:
[A]mending s. 741.29, F.S.; providing legislative intent with respect to services for victims of domestic violence; amending s. 741.30, F.S.; requiring the clerk of court to furnish the sheriff with specified information on respondents; revising guidelines for transmission of specified information by the sheriff; restricting the authority to serve or executive [sic] injunctions for protection against domestic violence to specified municipal or county law enforcement officers....
Ch. 95-184, at 1677-78. However, nowhere in chapter 95-184 did the Legislature amend either section 741.29 or section 741.30, Florida Statutes. Heggs has not challenged this surplusage.