Coalition for Adequacy v. Chiles

680 So. 2d 400, 1996 WL 350161
CourtSupreme Court of Florida
DecidedJune 27, 1996
Docket85375
StatusPublished
Cited by77 cases

This text of 680 So. 2d 400 (Coalition for Adequacy v. Chiles) 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
Coalition for Adequacy v. Chiles, 680 So. 2d 400, 1996 WL 350161 (Fla. 1996).

Opinion

680 So.2d 400 (1996)

COALITION FOR ADEQUACY AND FAIRNESS IN SCHOOL FUNDING, INC., et al., Appellants,
v.
Lawton CHILES, Governor of the State of Florida and Presiding Officer of the State Board of Education; Douglas Jamerson, Commissioner of Education of the State of Florida; State Board of Education, a public Florida corporation; Pat Thomas, as President of the Florida Senate; and Bolley L. Johnson, as Speaker of the Florida House of Representatives, Appellees.

No. 85375.

Supreme Court of Florida.

June 27, 1996.
Rehearing Denied October 2, 1996.

*401 C. Graham Carothers and John T. Beranek of Macfarlane, Ausley, Ferguson & McMullen, Tallahassee; Claude H. Tison, Jr. and T. Terrell Sessums of Macfarlane, Ausley, Ferguson & McMullen, Tampa; Raymond Ehrlich of Holland & Knight, Jacksonville; A. Lamar Matthews, Jr. and Arthur S. Hardy of Matthews, Hutton & Eastmoore, Sarasota; and Frank P. Scruggs, II of Steel, Hector & Davis, Miami, for Appellants.

W. Dexter Douglass and Deborah K. Kearney, Executive Office of the Governor, Tallahassee, on behalf of Governor Lawton Chiles; D. Stephen Kahn, General Counsel, Tallahassee, on behalf of the Senate President; Robert A. Butterworth, Attorney General, and Joseph C. Mellichamp, III, Senior Assistant Attorney General, Tallahassee, on behalf of State Board of Education and Commissioner of Education; Michael H. Olenick, General Counsel, Florida Department of Education, Tallahassee, on behalf of Commissioner of Education; and Robert L. Shevin and Richard B. Simring of Stroock & Stroock & Lavan, Miami; Daniel C. Brown of Katz, Kutter, Haigler, Alderman, Marks, Bryant & Yon, P.A., Tallahassee; B. Elaine New, General Counsel and Gerald B. Curington, Deputy General Counsel, Tallahassee, on behalf of the Speaker of the Florida House of Representatives, for Appellees.

Mary M. Gundrum, Alice K. Nelson and Jodi Siegel of Southern Legal Counsel, Inc., Gainesville; Christina A. Zawisza and John M. Ratliff of the Children First, Legal Services of Greater Miami, Inc., Miami; Ann Piccard and Gale Pinkston, Bay Area Legal Services, Inc., Tampa; Deborah Weissman, Legal Services of North Carolina, Raleigh, NC; Lisa Carmona, Florida Rural Legal Services, Lake Worth; Wayne L. Thomas of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa; and Stefan Rosenzweig, Public Advocates, Inc., San Francisco, CA, for N.A.A.C.P., et al., Amici Curiae.

*402 PER CURIAM.

In a one-count complaint, appellants[1] sought declaratory relief against the appellees and asked the trial court to declare that an adequate education is a fundamental right under the Florida Constitution, and that the State has failed to provide its students that fundamental right by failing to allocate adequate resources for a uniform system of free public schools as provided for in the Florida Constitution. In support of their action, appellants alleged: (1) Certain students are not receiving adequate programs to permit them to gain proficiency in the English language; (2) Economically deprived students are not receiving adequate education for their greater educational needs; (3) Gifted, disabled, and mentally handicapped children are not receiving adequate special programs; (4) Students in property-poor counties are not receiving an adequate education; (5) Education capital outlay needs are not adequately provided for; and (6) School districts are unable to perform their constitutional duties because of the legislative imposition of noneducational and quasi-educational burdens.

The trial court dismissed the complaint with prejudice.[2] Upon appeal, all parties filed a joint suggestion that the First District certify this case to be one of great public importance requiring immediate resolution by this Court. The First District certified this case to this Court and we granted jurisdiction pursuant to the provisions of article V, section 3(b)(5) of the Florida Constitution. While not agreeing with all of the reasons advanced by the trial court, we affirm the order of dismissal.

PARTIES AND STANDING

Appellants assert that the trial court erred in ruling that they had not sufficiently alleged a jurisdictional basis for an action against the defendants in this suit. We agree. See Florida Dep't of Educ. v. Glasser, 622 So.2d 944, 948 (Fla.1993)(declaratory action relating to State's role in education should join "all persons who have an actual, present, adverse, and antagonistic interest in the subject matter"). With the exception of the Governor who, with the consent of appellants, did not file a response in the trial *403 court, all of the named appellees have either taken a present, adverse, and antagonistic position to that espoused by appellants or would be necessary parties to an action to determine the State's responsibility under the controlling constitutional provision. We agree that the Governor, both in his position as chief executive officer and as chairperson of the Board of Education, is an appropriate party because of the nature of the action.

We also agree that the Florida Senate and the Florida House of Representatives, acting through their respective presiding officers, are proper parties.[3] Indeed, both presiding officers have candidly conceded that they have been properly joined but have suggested that this Court might wish sua sponte to add the House and the Senate as formal parties. See also Fla. H.R. Rule 2.4 (1995)(authorizing the Speaker of the House to "initiate, defend, intervene in, or otherwise participate in any suit on behalf of the House"). The Senate has also participated in litigation before this Court through its designated representative where its interests were at stake, see, e.g., Florida Senate v. Graham, 412 So.2d 360 (Fla.1982), as has the House, see e.g., Florida House of Representatives v. Martinez, 555 So.2d 839 (Fla.1990); Dade County Classroom Teachers Ass'n v. Legislature, 269 So.2d 684, 685 (Fla.1972). We find no jurisdictional flaw in appellants' joining the House and Senate by including the presiding officers of those bodies in their respective capacities. Even if the House and Senate were required to be joined in some other manner, this would not be a basis for a dismissal with prejudice.

The trial court also questioned the standing of appellants to bring this action. This Court has held that "a citizen and taxpayer can challenge the constitutional validity of an exercise of the legislature's taxing and spending power without having to demonstrate a special injury." Chiles v. Children A, B, C, D, E & F, 589 So.2d 260, 262 n. 5 (Fla.1991). Furthermore, in Florida, unlike the federal system, the doctrine of standing has not been rigidly followed. Department of Revenue v. Kuhnlein, 646 So.2d 717, 720 (Fla.1994), cert. denied, ___ U.S. ___, 115 S.Ct. 2608, 132 L.Ed.2d 853 (1995). Based on the allegations in this complaint, we conclude that all of the appellants have standing.[4]

DECLARATORY RELIEF

Appellants' request for declaratory judgment is fully consistent with several recent decisions of this Court. See, e.g., Chiles v. Children A, B, C, D, E, & F, 589 So.2d 260 (Fla.1991)(accepting jurisdiction over complaint for declaratory relief by children seeking to declare certain provisions of budgetary scheme unconstitutional); Martinez v. Scanlan,

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Cite This Page — Counsel Stack

Bluebook (online)
680 So. 2d 400, 1996 WL 350161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coalition-for-adequacy-v-chiles-fla-1996.