Ford v. Browning

992 So. 2d 132, 2008 WL 4191154
CourtSupreme Court of Florida
DecidedSeptember 15, 2008
DocketSC08-1529
StatusPublished
Cited by10 cases

This text of 992 So. 2d 132 (Ford v. Browning) 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
Ford v. Browning, 992 So. 2d 132, 2008 WL 4191154 (Fla. 2008).

Opinion

992 So.2d 132 (2008)

Andy FORD, et al., Appellants,
v.
Kurt BROWNING, etc., et al., Appellees.

No. SC08-1529.

Supreme Court of Florida.

September 15, 2008.

*134 Ronald G. Meyer and Jennifer S. Blohm of Meyer and Brooks, P.A., Tallahassee, FL; Robert H. Chanin, National Education Association, Washington, D.C.; John M. West and Daniel A. Zibel of Bredhoff and Kaiser, PLLC, Washington, D.C.; Pamela L. Cooper, Florida Education Association, *135 Tallahassee, FL; Judith E. Schaeffer, People For the American Way Foundation, Washington, D.C.; Ayesha N. Khan, Americans United for Separation of Church and State, Washington, D.C.; Joy Causseaux Frank, Florida Association of District School Superintendents, Inc., Tallahassee, FL; Randall C. Marshall, American Civil Liberties Union Foundation of Florida, Inc., Miami, FL; David L. Barkey, Anti-Defamation League, Boca Raton, FL; and Jeffrey Philip Sinensky, American Jewish Committee, New York, NY, for Appellants.

Bill McCollum, Attorney General, Scott D. Makar, Solicitor General, Louis F. Hubener, Chief Deputy Solicitor General, and Timothy D. Osterhaus and Courtney Brewer, Deputy Solicitors General, and Blaine H. Winship, Assistant Attorney General, Tallahassee, FL, and Lynn C. Hearn, General Counsel, Department of State, Tallahassee, FL, for Appellees.

Stephen H. Grimes and Nathan A. Adams, IV of Holland and Knight, Tallahassee, FL, on behalf of Florida Catholic Conference, Inc., Mercy Hospital, Inc., Friends of Lubavitch of Florida, Inc., Catholic Charities of the Archdiocese of Miami, Inc., and Association of Christian Schools International; and Daniel J. Woodring of Woodring Law Firm, Tallahassee, FL, on behalf of Taxation and Budget Reform Commission Chair Allan Bense and other members, as Intervenor Respondents.

Joseph W. Little, Gainesville, FL, on behalf of Eileen F. Roy, Susan W. Bottcher, David E. Jones, Hanna Peterson and David M. Chalmers, Citizens and Taxpayers of Florida, as Amicus Curiae.

WELLS, J.

Appellants filed a complaint in the Circuit Court of the Second Judicial Circuit for Leon County, challenging two proposed constitutional amendments submitted by the Taxation and Budget Reform Commission (TBRC) on the ground that TBRC does not have the authority to propose constitutional revisions on these subjects. The first constitutional proposal would amend the freedom of religion provision found in article I, section 3 of the Florida Constitution by eliminating the restriction on state funds being used in aid of any religion and adding a provision that an individual or entity cannot be barred from participating in a public program based on religion. The second constitutional proposal would amend the public education provision found in article IX, section 1, by directing school districts to spend at least sixty-five percent of their funding on classroom instruction and providing that the duty to provide for public education is not exclusively limited to free public schools. The appellants further alleged in their complaint that the ballot title and summary language accompanying one of the proposals did not accurately inform voters as to the true effect of the proposed amendment. They sought an injunction barring the Secretary of State from placing Proposed Amendments 7 and 9 on the ballot for the November 2008 general election.[1] Appellants filed a motion for temporary *136 injunction, which was treated as a motion for final summary judgment. Following briefing and oral argument, the circuit court denied the appellants' motion for summary judgment and granted the cross-motions filed by the appellees and the intervenors, finding that TBRC had the authority to propose the amendments and that the challenged ballot title and summary were not misleading. Appellants appealed the judgment to the First District Court of Appeal, which certified to this Court that this case presents a question of great public importance requiring immediate resolution by this Court in light of the upcoming election. We have jurisdiction under article V, section 3(b)(5), of the Florida Constitution.

ANALYSIS

As an initial matter, it is important to stress that the wisdom or merits of the proposed amendments are not issues before the Court. See Advisory Op. to the Att'y Gen. re Fla. Marriage Protection Amendment, 926 So.2d 1229, 1233 (Fla. 2006). Rather, the question before the Court is to determine the extent of the authority provided to TBRC by article XI, section 6(e) of the Florida Constitution to propose constitutional amendments and whether the authority extends to Proposed Amendments 7 and 9. Our standard of review is de novo. See Zingale v. Powell, 885 So.2d 277, 280 (Fla.2004) ("[C]onstitutional interpretation, like statutory interpretation, is performed de novo.").

When reviewing constitutional provisions, this Court "follows principles parallel to those of statutory interpretation." Zingale, 885 So.2d at 282. Any question regarding the meaning of a constitutional provision must begin with examining that provision's explicit language. See Fla. Soc'y of Ophthalmology v. Fla. Optometric Ass'n, 489 So.2d 1118, 1119 (Fla.1986). If the constitutional language is clear, unambiguous, and addresses the matter at issue, it must be enforced as written, and courts do not turn to rules of constitutional construction. Id. If the explicit language is ambiguous or does not address the exact issue before the court, the court must endeavor to construe the constitutional provision in a manner consistent with the intent of the framers and the voters. Crist v. Fla. Ass'n of Criminal Defense Lawyers, Inc., 978 So.2d 134, 140 (Fla.2008). As this Court has held:

The fundamental object to be sought in construing a constitutional provision is to ascertain the intent of the framers and the provision must be construed or interpreted in such manner as to fulfill the intent of the people, never to defeat it. Such a provision must never be construed in such manner as to make it possible for the will of the people to be frustrated or denied.

Id. (quoting Caribbean Conservation Corp. v. Fla. Fish & Wildlife Conservation Comm'n, 838 So.2d 492, 501 (Fla.2003)) (emphasis omitted). A constitutional provision should be "construed as a whole in order to ascertain the general purpose and meaning of each part; each subsection, sentence, and clause must be read in light *137 of the others to form a congruous whole so as not to render any language superfluous." Dep't of Envtl. Prot. v. Millender, 666 So.2d 882, 886 (Fla.1996).

With these principles in mind, we turn to the language involved in the constitutional provision at issue. TBRC was created in 1988 via article XI, section 6, of the Florida Constitution. Subsection 6(d) sets forth TBRC's power to review and study matters; and subsection 6(e) sets forth TBRC's authority to act. Specifically, article XI, section 6(d)-(e), states as follows:

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992 So. 2d 132, 2008 WL 4191154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-browning-fla-2008.