Department of Ed. v. Sch. Bd. of Collier Cty.

394 So. 2d 1010, 1981 Fla. LEXIS 2569
Supreme Court of Florida·Decided February 26, 1981·No. 56570·Published·Cited by 6 cases

Opinion

394 So.2d 1010 (1981)

DEPARTMENT OF EDUCATION and the State Board of Education, Appellants,
v.
The SCHOOL BOARD OF COLLIER COUNTY, Florida et al., Appellees.

No. 56570.

Supreme Court of Florida.

February 26, 1981.

*1011 James D. Little, Gen. Counsel, State Bd. of Ed., Tallahassee, for appellants.

James H. Siesky, Naples, for appellees.

Larry Levy of Dickinson, Levy & Taylor, Tallahassee, and Louis F. Ray, Jr. and Robert W. Kievit, Pensacola, for Escambia County School Bd., amicus curiae.

Douglas K. Sands, Stuart, for School Bd. of Martin County, amicus curiae.

Talbot D'Alemberte of Steel, Hector & Davis, Miami, and Sharyn L. Smith, House of Representatives, Tallahassee, for Hyatt Brown, amicus curiae.

OVERTON, Justice.

This appeal concerns the constitutionality of a condition in the 1978-79 appropriations bill guaranteeing a minimum increase of 7.25 percent in school funding for all counties except those counties that have a millage value per student of more than twenty percent over the statewide average.[1]

The School Board of Collier County, one of four counties[2] excluded from this 7.25 *1012 percent guaranteed increase, brought this action alleging this appropriation condition was unconstitutional under article III, section 12, of the Florida Constitution on the principal grounds the condition amended and modified the substantive law already in effect and contained in section 236.081(6)(c), Florida Statutes (1977).

This action commenced in a declaratory judgment proceeding, and the circuit court made the following findings in its final judgment:

4. Item 353A within that appropriations bill eliminated minimum level funding for those School Districts whose value of a mill per WFTE exceeded the statewide average of 20% or more.
5. The action taken in paragraph 4 above constitutes a modification of the substantive law expressed in Florida Statute 236.081(6)(c).
6. That portion of Item 353A, 78-401 Laws of Florida which purports to deny minimum level funding to some districts is contrary to the precepts of Art. III Section 12 of the Florida Constitution.
7. Plaintiffs have suffered irreparable injury as a result of Item 353A 78-401 Laws of Florida and will continue to suffer such injury in the future unless this Court takes remedial action.
8. Plaintiffs have a right to minimum funding under the provisions of Florida Statute Section 236.081(6)(c).
.....
10. No allegation has been made regarding the constitutionality of the 7.25% increase in minimum level funding that is stated in the Appropriations Act of 1978.
11. Even if the allegation stated in paragraph 10 had been made, the 7.25% increase is a permissible matter for inclusion in an appropriations act under the doctrine of Thomas v. Askew, 270 So.2d 707 (Fla. 1972).

The trial court then specifically struck from the appropriations bill the following portion of Item 353A: "except that those districts with a value of a mill per WFTE 20% or more over the statewide average value of a mill per WFTE shall not receive such guarantee," and directed the Department of Education to give full force and effect to the remaining portion of Item 353A. The effect of this ruling was to give the benefit of this 7.25 percent increase to the four excluded county school districts which produced the most tax dollars from their assessment of property. Proportionate equality in the distribution of school funds was not relied on by the trial judge and is not an issue in these proceedings.

We disagree with the holding of the trial judge and reverse. For the reasons expressed, we find the 7.25 percent guaranteed increase in funding is a supplement to the statutory formula in existence at the time the appropriations bill was adopted. We recognize that an appropriations bill must not change or amend existing law on subjects, other than appropriations, but that principle is subject to the exception that a general appropriations bill may allocate state funds for an authorized purpose in amounts in addition to those previously allocated or substitute adequate specific appropriations for continuing appropriations. Brown v. Firestone, 382 So.2d 654 (Fla. 1980); Thomas v. Askew, 270 So.2d 707 (Fla. 1972); In re Advisory Opinion to the Governor, 239 So.2d 1 (Fla. 1970).

Section 236.081, Florida Statutes, contains very complicated formulae and variables which are devoted to determining the annual state allocation to each school district. These variables include funds generated locally from real estate property taxes and funds contributed to the local school districts by the state from various revenue sources. To ensure that school districts do not receive less money than they received in the prior budget year, there is a "no loss" or "hold harmless" provision in section 236.081(6)(c), which reads in part as follows: "[N]otwithstanding any of the provisions herein, each district shall be guaranteed a minimum level of funding in the amount and manner prescribed... ." The effect of this provision guarantees a minimum level of funding for the new year, ensuring the district that its allocation will not fall below the level of funding from the previous year. *1013 It acts as an alternative to the allocation formula set forth in prior sections.

The School Board of Collier County contends this "hold harmless" provision was amended by the 7.25 percent guaranteed increase condition in the appropriations bill. We disagree and find the condition was a one-time 7.25 percent guaranteed supplemental increase for all but those four districts which received revenue from property taxes in an amount twenty percent above the average for all districts.

The appellees concede that the legislature, if it desires, may allocate more funds to property poor counties than it does to property rich counties. Their claim of unconstitutionality rests solely on whether the condition modifies an existing statute. The Collier County district and the three other districts did not receive less than they received in the prior budget year, and, in fact, the Collier County district actually recognized a 7.13 percent increase under the statutory formula. All the excluded county school districts were entitled to the funds properly allocated under the provisions of the formula set forth in section 236.081. What they did not receive was the one-time additional 7.25 percent guaranteed increase for the year 1978-79. The "hold harmless" provision of section 236.081(6)(c) does not conflict with the concept of a guaranteed 7.25 percent increase for districts with a logical need as determined by the legislature. This "hold harmless" provision was not amended and in fact was not activated because all districts received an increase over the previous year's funding. Under the present statutory scheme, the legislature cannot reduce in the appropriations bill the amount the four excluded districts would receive as determined by the "hold harmless" provision without amending the substantive statute. That principle, however, does not prohibit the legislature from providing a specific amount of additional money for specifically identified school districts.

The legislature is not required to distribute educational funds to all school districts in an equal mathematical proportion.

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Department of Ed. v. Sch. Bd. of Collier Cty., 394 So. 2d 1010, 1981 Fla. LEXIS 2569 (Fla. 1981).

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