Butterworth v. Caggiano

605 So. 2d 56, 1992 WL 158189
CourtSupreme Court of Florida
DecidedJuly 9, 1992
Docket78377
StatusPublished
Cited by87 cases

This text of 605 So. 2d 56 (Butterworth v. Caggiano) 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
Butterworth v. Caggiano, 605 So. 2d 56, 1992 WL 158189 (Fla. 1992).

Opinion

605 So.2d 56 (1992)

Robert A. BUTTERWORTH, etc., Petitioner,
v.
Louis A. CAGGIANO, Respondent.

No. 78377.

Supreme Court of Florida.

July 9, 1992.
Rehearing Denied October 9, 1992.

*57 Robert A. Butterworth, Atty. Gen., and Roberta Fox, Keith P. Vanden Dooren, Steven H. Parton and J. Mark Kraus, Asst. Attys. Gen., Tallahassee, for petitioner.

Joseph A. Eustace, Jr. of Anthony J. LaSpada, P.A., Tampa, for respondent.

Robert Augustus Harper, Chairman, Tallahassee, James T. Miller, Co-Chairman, Jacksonville, George E. Tragos, FACDL President, Clearwater, and Robert S. Griscti of Turner & Griscti, P.A., Gainesville, amicus curiae for Florida Ass'n of Crim. Defense Lawyers.

BARKETT, Chief Justice.

We have for review Caggiano v. Butterworth, 583 So.2d 347, 348 (Fla. 2d DCA 1991), in which the district court certified the following question of great public importance:[1]

Whether forfeiture of homestead under the RICO Act is forbidden by article X, section 4 of the Florida Constitution?

We answer the certified question in the affirmative and approve the decision below.[2]

Caggiano was convicted in 1986 of one count of racketeering in violation of the Florida Racketeer Influenced and Corrupt Organization Act (Florida RICO Act), chapter 895, Florida Statutes (1983 & Supp. 1984), and fifteen counts of bookmaking in violation of chapter 849, Florida Statutes (1983 & Supp. 1984). Three of the bookmaking incidents occurred at Caggiano's personal residence. The State later sought forfeiture of the residence in separate civil proceedings under the Florida RICO Act on the grounds that the property was "used" in the course of racketeering activity in violation of section 895.05(2)(a), Florida Statutes (1989). The trial court, relying on DeRuyter v. State, 521 So.2d 135 (Fla. 5th DCA 1988), found that the homestead exemption in article X, section 4 of the Florida Constitution did not protect Caggiano's residence against RICO forfeiture, and entered final summary judgment for the State. Caggiano appealed to the Second District Court of Appeal, which reversed the trial court's entry of summary judgment and held that homestead property is not subject to forfeiture under the Florida RICO Act. The Second District noted conflict *58 with DeRuyter and certified the question to this Court. The State seeks review of the Second District's decision.

Article X, section 4 of the Florida Constitution provides in relevant part:

Section 4. Homestead; exemptions. —
(a) There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by a natural person:
(1) a homestead, if located outside a municipality, to the extent of one hundred sixty acres of contiguous land and improvements thereon, which shall not be reduced without the owner's consent by reason of subsequent inclusion in a municipality; or if located within a municipality, to the extent of one-half acre of contiguous land, upon which the exemption shall be limited to the residence of the owner or his family[.]

The "civil remedies" section of the Florida RICO Act provides:

All property, real or personal, including money, used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of a provision of ss. 895.01-895.05 is subject to civil forfeiture to the state.

§ 895.05(2)(a), Fla. Stat. (1989). "Real property" is defined as "any real property or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property." § 895.02(9), Fla. Stat. (1989).

In DeRuyter the Fifth District Court of Appeal held that constitutional homestead property was not exempt from RICO forfeiture. The court reasoned:

No appellate decisions on this question have been cited and none have been found by our research. However, we view forfeiture of property due to its use in a criminal enterprise, to be entirely different from the "forced sale" language in the constitution. The purpose of the constitutional provision is to protect homestead property from forced sale for debts of the owner. Tullis v. Tullis, 360 So.2d 375 (Fla. 1978). Forfeiture here is not predicated upon debts incurred by the owner but rather is based solely on the illegal uses to which the property is being put. Article X, section 4, Florida Constitution, was simply not designed to immunize real property for use in a criminal enterprise.

521 So.2d at 138.

The State argues that a forfeiture is not a "forced sale" and that the homestead exemption was not intended to apply outside the debtor context, and urges that, like the Fifth District, we interpret the constitutional provision as inapplicable to forfeiture. In light of the purpose and language of the provision, we are unable to do so.

A settled rule of constitutional interpretation is that:

The words and terms of a Constitution are to be interpreted in their most usual and obvious meaning, unless the text suggests that they have been used in a technical sense. The presumption is in favor of the natural and popular meaning in which the words are usually understood by the people who have adopted them.

City of Jacksonville v. Continental Can Co., 113 Fla. 168, 172, 151 So. 488, 489-90 (1933); see also Wilson v. Crews, 160 Fla. 169, 175, 34 So.2d 114, 118 (1948); City of Jacksonville v. Glidden Co., 124 Fla. 690, 692-93, 169 So. 216, 217 (1936).

Additionally, Florida courts have consistently held that the homestead exemption in article X, section 4 must be liberally construed. E.g., Graham v. Azar, 204 So.2d 193, 195 (Fla. 1967); Hill v. First Nat'l Bank, 79 Fla. 391, 401, 84 So. 190, 193 (1920). A liberal construction of the homestead exemption is particularly appropriate in the context of forfeiture. Forfeitures are considered harsh penalties that are historically disfavored in law and equity, and courts have long followed a policy of strictly construing such statutes. Department *59 of Law Enforcement v. Real Property, 588 So.2d 957, 961 (Fla. 1991); General Motors Acceptance Corp. v. State, 152 Fla. 297, 302, 11 So.2d 482, 484 (1943); see Michael Paul Austern Cohen, Note, The Constitutional Infirmity of RICO Forfeiture, 46 Wash. & Lee.L.Rev. 937, 939 (1989).

Applying these principles, we first note that all property forfeited[3] under the Florida RICO Act is required by statute to be sold at a state auction. Section 895.05(2)(c), Florida Statutes (1989), provides:

The state shall dispose of all forfeited property as soon as commercially feasible. If property is not exercisable or transferable for value by the state, it shall expire. All forfeitures or dispositions under this section shall be made with due provision for the rights of innocent persons. The proceeds realized from such forfeiture and disposition shall be promptly distributed in accordance with the provisions of s. 895.09.

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