Advisory Opinion to Atty. Gen.-Limited Political Terms

592 So. 2d 225, 1991 WL 268455
CourtSupreme Court of Florida
DecidedDecember 19, 1991
Docket78647
StatusPublished
Cited by86 cases

This text of 592 So. 2d 225 (Advisory Opinion to Atty. Gen.-Limited Political Terms) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Advisory Opinion to Atty. Gen.-Limited Political Terms, 592 So. 2d 225, 1991 WL 268455 (Fla. 1991).

Opinion

592 So.2d 225 (1991)

ADVISORY OPINION TO THE ATTORNEY GENERAL — LIMITED POLITICAL TERMS IN CERTAIN ELECTIVE OFFICES.

No. 78647.

Supreme Court of Florida.

December 19, 1991.

Robert A. Butterworth, Atty. Gen. and Louis F. Hubener, III, Asst. Atty. Gen., Tallahassee, Michael L. Rosen and David E. Cardwell of Holland & Knight, Tallahassee, for Citizens For Ltd. Political Terms.

Cleta Deatherage Mitchell, Oklahoma City, Okl., for Term Limits Legal Institute, and Richard N. Friedman, Miami, for amicus curiae, In Support Of Proposed Amendment.

Arthur J. England, Jr., Chet Kaufman and Ross A. McVoy of Fine Jacobson Schwartz Nash Block & England, Miami, and James S. Portnoy of Arnold & Porter, Washington, D.C., for respondents: Let the People Decide — Americans For Ballot Freedom, R. Ed Blackburn, former Sheriff of Hillsborough County and former member of the Florida House of Representatives, J. Hyatt Brown, former Speaker of the Florida House of Representatives, Doyle E. Conner, former Com'r of Agriculture, *226 Louis de la Parte, former President of the Florida Senate, Raymond Ehrlich, former Chief Justice of the Florida Supreme Court, Richard W. Ervin, former Chief Justice of the Florida Supreme Court, Richard A. Pettigrew, former Speaker of the Florida House of Representatives, T. Terrell Sessums, former Speaker of the Florida House of Representatives, Parker D. Thomson, Partner, Thomson, Muraro, Bohrer & Razook, and Ralph Turlington, former Speaker of the Florida House of Representatives and former Com'r of Educ.

Jonathan B. Sallet, Donald B. Verrilli, Jr. and Scott A. Sinder of Jenner & Block, Washington, D.C., for respondents, Nat. Conference of State Legislatures and Southern Legislative Conference of The Council of State Governments.

Steven R. Ross, Gen. Counsel to the Clerk and Charles Tiefer, Deputy Gen. Counsel to the Clerk, U.S. House of Representatives, Washington, D.C., for amicus curiae, U.S. Representative Lawrence J. Smith, In Opposition to the Proposed Amendment.

GRIMES, Justice.

The Attorney General has petitioned the Court for an advisory opinion on the validity of an initiative petition providing for limited political terms for certain elective offices.[1] In response to the Attorney General's request, we issued an order permitting interested parties to file briefs and heard oral argument on the validity of the proposed amendment.

The initiative petition provides as follows:

The people of Florida believe that politicians who remain in office too long may become preoccupied with re-election and become beholden to special interests and bureaucrats, and that present limitations on the President of the United States and Governor of Florida show that term limitations can increase voter participation, citizen involvement in government, and the number of persons who will run for elective office.
Therefore, to the extent permitted by the Constitution of the United States, the people of Florida, exercising their reserved powers, hereby declare that:
1) Article VI, s. 4 of the Constitution of the State of Florida is hereby amended by a) inserting "(a)" before the first word thereof and, b) adding a new subsection "(b)" at the end thereof to read:
"(b) No person may appear on the ballot for re-election to any of the following offices:
"(1) Florida representative,
"(2) Florida senator,
"(3) Florida Lieutenant governor,
"(4) any office of the Florida cabinet,
"(5) U.S. Representative from Florida, or
"(6) U.S. Senator from Florida
"if by the end of the current term of office, the person will have served (or, but for resignation, would have served) in that office for eight consecutive years."
2) This amendment shall take effect on the date it is approved by the electorate, but no service in a term of office which commenced prior to the effective date of this amendment will be counted against the limit in the prior sentence.
3) If any portion of this measure is held invalid for any reason, the remaining portion of this measure, to the fullest extent possible, shall be severed from the void portion and given the fullest possible force and application. The people of Florida declare their intention that persons elected to offices of public trust will continue voluntarily to observe the wishes of the people as stated in this initiative in the event any provision of this initiative is held invalid.

The Attorney General has concluded that the proposed amendment meets the single-subject requirement of article XI, section 3, Florida Constitution, and the ballot title and summary requirements of section *227 101.161, Florida Statutes (1989). In addition to those issues, opponents of the proposed amendment have raised various constitutional challenges.[2] However, based on the following provisions, we find that those issues are not justiciable in the instant proceeding. The Florida Constitution provides that "[t]he attorney general shall, as directed by general law," request this Court's opinion "as to the validity of any initiative petition circulated pursuant to Section 3 of Article XI." Art. IV, § 10, Fla. Const. General law provides that the attorney general shall seek an advisory opinion "regarding the compliance of the text of the proposed amendment or revision with s. 3, Art. XI of the State Constitution and the compliance of the proposed ballot title and substance with s. 101.161." § 16.061(1), Fla. Stat. (1989). Thus, we are limited in this proceeding to addressing whether the proposed amendment and ballot title and summary comply with article XI, section 3, Florida Constitution and section 101.161, Florida Statutes (1989).[3]See Grose v. Firestone, 422 So.2d 303, 306 (Fla. 1982) (question of whether proposed amendment violated due process not justiciable in challenge to ballot summary).

SINGLE-SUBJECT REQUIREMENT

Article XI, section 3, Florida Constitution, provides, in relevant part that:

The power to propose the revision or amendment of any portion or portions of this constitution by initiative is reserved to the people, provided that, any such revision or amendment shall embrace but one subject and matter directly connected therewith.

(Emphasis added.)

A proposed amendment meets this single-subject requirement if it has "a logical and natural oneness of purpose[.]" Fine v. Firestone, 448 So.2d 984, 990 (Fla. 1984). To state the test another way, a proposed amendment is valid if it "may be logically viewed as having a natural relation and connection as component parts or aspects of a single dominant plan or scheme." Id. (quoting City of Coral Gables v. Gray, 154 Fla. 881, 883-84, 19 So.2d 318, 320 (1944)). The single-subject requirement imposes a "functional as opposed to a locational restraint on the range of authorized amendments." Fine, 448 So.2d at 990. Its intent is to "protect against multiple precipitous changes in our state constitution." Id. at 988.

We find that the proposed amendment meets the single-subject requirement. The sole subject of the proposed amendment is limiting the number of consecutive terms that certain elected public officers may serve.

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592 So. 2d 225, 1991 WL 268455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/advisory-opinion-to-atty-gen-limited-political-terms-fla-1991.