Fla. Soc. of Ophthalmology v. Fla. Optometric

489 So. 2d 1118
CourtSupreme Court of Florida
DecidedApril 17, 1986
Docket66762, 66768 and 66774
StatusPublished
Cited by33 cases

This text of 489 So. 2d 1118 (Fla. Soc. of Ophthalmology v. Fla. Optometric) 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
Fla. Soc. of Ophthalmology v. Fla. Optometric, 489 So. 2d 1118 (Fla. 1986).

Opinion

489 So.2d 1118 (1986)

FLORIDA SOCIETY OF OPHTHALMOLOGY, Petitioner,
v.
FLORIDA OPTOMETRIC ASSOCIATION, Jon S. Jacobs, O.D., and Fred R. Dudley, Respondents.
Bob GRAHAM, Governor of Florida, George Firestone, As Secretary of the State of Florida, and Florida Society of Ophthalmology, Petitioners,
v.
FLORIDA OPTOMETRIC ASSOCIATION, Jon S. Jacobs, O.D., and Fred R. Dudley, Respondents.
George FIRESTONE, As Secretary of the State of Florida, and Bob Graham, As Governor of the State of Florida, and Florida Society of Ophthalmology, Petitioners,
v.
FLORIDA OPTOMETRIC ASSOCIATION, Jon S. Jacobs, O.D., and Fred R. Dudley, Respondents.

Nos. 66762, 66768 and 66774.

Supreme Court of Florida.

April 17, 1986.
Rehearing Denied July 7, 1986.

Richard B. Collins of Perkins & Collins, Tallahassee, and Arthur J. England of Fine, Jacobson, Schwartz, Nash, Block & England, Miami, for petitioner, Fla. Society of Ophthalmology.

Sidney McKenzie, III, Gen. Counsel and Arthur R. Wiedinger, Jr., Asst. Gen. Counsel, Tallahassee, for petitioners, Bob Graham, Governor of Fla., et al.

Thomas G. Tomasello, Gen. Counsel, Tallahassee, for petitioners, George Firestone, as Secretary of the State of Fla., et al.

Leonard A. Carson, James W. Linn and John D.C. Newton, II of Carson & Linn, Tallahassee, for respondents.

Reubin O'D. Askew, Former Governor of the State of Fla., Miami, for amicus curiae.

Wilbur E. Brewton of Taylor, Brion, Buker & Greene, Tallahassee, amicus curiae, for Claude R. Kirk, Jr., Former Governor of State of Fla.

BARKETT, Justice.

This cause is before us pursuant to jurisdiction granted in article V, section 3(b)(4), Florida Constitution. The First District Court of Appeal certified this case as presenting a question of great public importance. Florida Optometric Association v. Firestone, 465 So.2d 1319 (Fla. 1st DCA 1985). The principal question presented is whether the Florida Constitution affords the governor seven or fifteen *1119 days to veto a bill presented to him after the legislature has adjourned sine die.

In May of 1983, the Florida House and Senate passed SB 168 which provides, inter alia, that certain optometrists may administer, use, and prescribe medicinal drugs. The House and Senate adjourned sine die the 1983 regular session on June 13, 1983. On June 14, 1983, the Legislature presented SB 168 to the governor. Fifteen days later, on June 29, 1983, the governor vetoed the bill. The Senate took no action on the bill subsequent to the gubernatorial veto.

The Florida Optometric Association, respondents herein, petitioned the trial court for a writ of mandamus ordering the Florida Secretary of State to publish SB 168 as a law of the state. The association claimed that the governor's veto of the bill was untimely and therefore ineffectual. The circuit court dismissed the association's petition with prejudice. On appeal, the First District Court reversed the order of dismissal, remanded the cause to the circuit court with directions that the writ be issued, and certified to this Court the following question as being of great public importance:

Whether Article III, section 8(a), Florida Constitution, allows the governor seven or fifteen consecutive days to act on a bill presented to him after the legislature adjourns sine die, and, if he is allowed only seven days thereafter, should the effect of an opinion so holding have only prospective application?
Article III, section 8(a) provides, in part: Every bill passed by the legislature shall be presented to the governor for his approval and shall become a law if he approves and signs it, or fails to veto it within seven consecutive days after presentation. If during that period or on the seventh day the legislature adjourns sine die or takes a recess of more than thirty days, he shall have fifteen consecutive days from the date of presentation to act on the bill.

Any inquiry into the proper interpretation of a constitutional provision must begin with an examination of that provision's explicit language. If that language is clear, unambiguous, and addresses the matter in issue, then it must be enforced as written. See, e.g. Plante v. Florida Commission on Ethics, 354 So.2d 87, 89 (Fla. 1st DCA 1977).

The provision in question, however, does not explicitly address the situation before us in which a bill is presented to the governor after the legislature has adjourned sine die. We recognize the rule that constitutional language must be allowed to "speak for itself." Application of that rule, however, must be tempered by judicial deference to offsetting and equally constraining rules. We refer to two fundamental principles of constitutional adjudication. First, constitutions "receive a broader and more liberal construction than statutes." State Highway Commission v. Spainhower, 504 S.W.2d 121, 125 (Mo. 1973). Second, constitutional provisions should not be construed so as to defeat their underlying objectives. Plante v. Smathers, 372 So.2d 933, 936 (Fla. 1979); State ex rel. Dade County v. Dickinson, 230 So.2d 130, 135 (Fla. 1969).

Constitutions are "living documents," not easily amended, which demand greater flexibility in interpretation than that required by legislatively enacted statutes. Consequently, courts are far less circumscribed in construing language in the area of constitutional interpretation than in the realm of statutory construction. See Malnak v. Yogi, 592 F.2d 197, 204 (3d Cir.1979). When adjudicating constitutional issues, the principles, rather than the direct operation or literal meaning of the words used, measure the purpose and scope of a provision. United States v. Lefkowitz, 285 U.S. 452, 467, 52 S.Ct. 420, 424, 76 L.Ed. 877 (1932). See also Bain Peanut Co. v. Pinson, 282 U.S. 499, 501, 51 S.Ct. 228, 229, 75 L.Ed. 482 (1932) ("[t]he interpretation of constitutional principles must not be too literal"); Plante v. Smathers, 372 So.2d 933, 936 (Fla. 1979) ("[t]he spirit of the constitution is as obligatory as the written word").

An essential purpose of veto provisions such as that found in article III, section 8(a) is to safeguard the executive's opportunity *1120 to consider all bills presented to him. See Edwards v. United States, 286 U.S. 482, 486, 52 S.Ct. 627, 628, 76 L.Ed. 1239 (1932). Typically, a plethora of bills is passed and then presented to the executive at the end of a legislative session. The article III, section 8(a) grant of additional time to veto such bills is designed to afford the governor ample opportunity to review this last-minute legislative onslaught.

It is evident from the record that in a typical session of the Florida legislature some 60 percent of all bills passed during the session are presented to the governor just before or immediately after adjournment, with the bulk submitted after adjournment. The record further discloses that, in every year from 1979 to 1983, the omnibus general appropriations bill was presented to the executive post-adjournment.

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489 So. 2d 1118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fla-soc-of-ophthalmology-v-fla-optometric-fla-1986.