Floridians Against Casino Takeover v. LET'S HELP FL

363 So. 2d 337
CourtSupreme Court of Florida
DecidedOctober 19, 1978
Docket54571, 54535
StatusPublished
Cited by30 cases

This text of 363 So. 2d 337 (Floridians Against Casino Takeover v. LET'S HELP FL) 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
Floridians Against Casino Takeover v. LET'S HELP FL, 363 So. 2d 337 (Fla. 1978).

Opinion

363 So.2d 337 (1978)

FLORIDIANS AGAINST CASINO TAKEOVER, etc., et al., Appellants-Petitioners,
v.
LET'S HELP FLORIDA, etc., et al., Appellees-Respondents.

Nos. 54571, 54535.

Supreme Court of Florida.

October 19, 1978.
Rehearing Denied November 9, 1978.

*338 Richard H.M. Swann of Hall & Swann, Coral Gables, for appellants-petitioners.

Tobias Simon and Theodore L. Tripp, Jr. of the Law Offices of Tobias Simon, Miami, for appellees-respondents.

Maurice Rosen, North Miami Beach, for The Tenants Ass'n of Florida, Inc., amicus curiae.

PER CURIAM.

Floridians Against Casino Takeover have appealed the judgment of the circuit court which held Proposition 9, popularly known as the Casino Gambling Amendment, to "embrace but one subject and matter directly connected therewith," in accordance with Article XI, Section 3 of the Florida Constitution. Because the trial court construed this constitutional provision, we have jurisdiction under Article V, Section 3(b)(1), Florida Constitution. We affirm the trial court.

The appellants, a group of state residents, property owners, and taxpayers, brought suit to enjoin the gathering and the certification of constitutional amendment initiative petition signatures, on the ground that the amendment sought to be proposed is violative of the single-subject requirement of Article XI, Section 3, of the Florida Constitution, which provides: "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."

The wording of the proposed amendment, which was set out in full on the petition forms, is as follows:

Art. X, § 15, Fla. Const. is created to read:
Casino Gambling: The operation of state regulated privately owned gambling casinos is hereby authorized only within the following limited area:
That area of Dade and Broward Counties, Florida, bounded on the East by the Atlantic Ocean; on the West by the centerline of State Road A1A as designated on March 1, 1978 to the centerline of 5th Street (U.S. # 41) and also bounded on the West by the centerline of Collins Avenue from its intersection with 5th Street Southerly to Biscayne Street and the Southerly prolongation of the centerline of Collins Avenue to an intersection with the centerline of Government Cut; bounded on the South by the centerline of Government Cut; and bounded on the North by the North line of Lot 1, Block 14, Beverly Beach, according to the Plat thereof recorded in Plat Book 22, Page 13, Broward County Records.
Taxes upon the operation of gambling casinos shall be collected by the State and appropriated to the several counties, school districts and municipalities for the support and maintenance of the free public schools and local law enforcement.

The trial court held that the proposed amendment contains only one subject and does not violate Article XI, Section 3, and dismissed the complaint with prejudice. The appellants would have us reverse the *339 trial court and enforce our judgment by asserting jurisdiction over the Secretary of State by appropriate process and remove the proposed amendment from the ballot of the upcoming general election.

The appellants present two arguments in support of their contention that the proposed amendment is invalid under Article XI, Section 3. The first is that the inclusion of several matters in one proposed amendment constitutes "logrolling," the evil the single-subject requirement is designed to prevent. The trial court correctly stated that in the face of such a challenge a court's duty is to uphold the proposal unless it can be shown to be "clearly and conclusively defective." Weber v. Smathers, 338 So.2d 819 (Fla. 1976); Goldner v. Adams, 167 So.2d 575 (Fla. 1964).

This Court has recognized previously that the evil sought to be avoided by requirements such as the one we deal with here is "logrolling." In Adams v. Gunter, 238 So.2d 824 (Fla. 1970), the opinion of this Court quoted extensively from McFadden v. Jordan, 32 Cal.2d 214, 196 P.2d 787, 796-797 (1948), which dealt with an initiative amendment to the constitution of California. The concern over "logrolling" is expressed there:

The proposal is offered as a single amendment but it obviously is multifarious. It does not give the people an opportunity to express the approval or disapproval severally as to each major change suggested; rather does it, apparently, have the purpose of aggregating for the measure the favorable votes from electors of many suasions who, wanting strongly enough any one or more propositions offered, might grasp at that which they want, tacitly accepting the remainder. Minorities favoring each proposition severally might, thus aggregated, adopt all.

By way of analogy, Section 1 of Article XVII, Constitution of 1885, prior to amendment in 1948, required that legislatively-proposed amendments "shall be so submitted as to enable the electors to vote on each amendment separately." This requirement was interpreted in City of Coral Gables v. Gray, 154 Fla. 881, 19 So.2d 318 (1944). The issue there was whether a proposed amendment contained more than one "amendment" under this provision. Because the amendment at issue would have worked numerous and diverse changes in the powers, duties, and characters of a number of the constitutional officers of two counties, the Court invalidated it. The Court discussed the rule being applied. If a proposed amendment has but one main purpose and all else included is incidental and reasonably necessary to effectuate the main object and purpose contemplated, it is not susceptible to the charge that it contains more than one amendment.

[T]he fact that an amendment may be capable of separation into two or more propositions concerning the value of which diversity of opinion might arise is not alone sufficient to condemn the proposed amendment; provided the propositions submitted may be logically viewed as having a natural relation and connection as component parts or aspects of a single dominant plan or scheme. Unity of object and plan is the universal test, and it is to be looked for in the ultimate end sought, not in the details or steps leading to the end.

19 So.2d at 320.

Article XI, Section 3, of the Florida Constitution of 1968, originally provided that the people had the power to propose by initiative, amendment of any "section" of the Constitution. In Adams v. Gunter, supra, the Court was faced with an initiative proposal calling for a unicameral legislature. The Court distinguished the concepts of "amendment" and "revision":

It is clear ... that the power reserved to the people to amend any section of the Constitution, includes only the power to amend any section in such a manner that such amendment if approved would be complete within itself, relate to one subject and not substantially affect any other section or article of the Constitution or require further amendments to *340 the Constitution to accomplish its purpose.

238 So.2d at 831.

The Court sustained the Secretary of State's refusal to place the proposal on the ballot.

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363 So. 2d 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/floridians-against-casino-takeover-v-lets-help-fl-fla-1978.