Locke v. Hawkes

595 So. 2d 32, 1992 WL 34694
CourtSupreme Court of Florida
DecidedFebruary 27, 1992
Docket76090, 76803
StatusPublished
Cited by19 cases

This text of 595 So. 2d 32 (Locke v. Hawkes) 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
Locke v. Hawkes, 595 So. 2d 32, 1992 WL 34694 (Fla. 1992).

Opinion

595 So.2d 32 (1992)

Dick LOCKE, Petitioner,
v.
Paul M. HAWKES, Respondent.
FLORIDA HOUSE OF REPRESENTATIVES, Petitioner,
v.
Jon I. GORDON, Judge, etc., Respondent.

Nos. 76090, 76803.

Supreme Court of Florida.

February 27, 1992.

*33 Kevin X. Crowley of Cobb, Cole & Bell, Tallahassee, for Dick Locke and Florida House of Representatives.

Valerie W. Evans, Orlando, for Paul M. Hawkes

Parker D. Thomson and Scott A. Browdy of Thomson Muraro Bohrer & Razook, P.A., Miami, for amicus curiae, The Miami Herald, Tallahassee Democrat, Florida Press Ass'n, Florida Society of Newspaper Editors and Florida First Amendment Foundation.

Samuel A. Terilli, Jr. and Jerold I. Budney of the Miami Herald Publishing Co., Miami, for amicus curiae, The Miami Herald.

George K. Rahdert of Rahdert and Anderson, St. Petersburg, for amicus curiae, The Times Publishing Co.

George Freeman of The New York Times Com., New York City, for amicus curiae, The New York Times Regional Newspaper Group Florida Newspapers.

Gregg D. Thomas of Holland and Knight, Tampa, for amicus curiae, The Tribune Co.

Robert A. Butterworth, Atty. Gen. and Walter M. Meginniss, Sr. Asst. Atty. Gen. and Louis F. Hubener, Asst. Atty. Gen., Tallahassee, for Jon I. Gordon.

Edward S. Schwartz of the Law Offices of Philip M. Gerson, P.A., Miami, for David Singer intervenor.

OVERTON, Justice.

These two cases concern the applicability of chapter 119, Florida Statutes (1987) (Public Records Law), to the individual records, including the individual bank accounts, of members of the Florida Legislature. In the first case, Locke v. Hawkes, Paul M. Hawkes, a candidate who unsuccessfully opposed Representative Dick Locke in the 1988 campaign for a seat in the Florida House of Representatives, filed a request under chapter 119 for the production of all records maintained by Locke relating to the expenditures of state tax money allocated for the maintenance of his office. When Locke failed to produce the records to Hawkes' satisfaction, Hawkes filed suit to enforce section 119.11, Florida Statutes (1987).[1] Locke moved to dismiss, and the trial court dismissed the case on the grounds that it was without subject *34 matter jurisdiction under the separation of powers doctrine. The trial court also noted that, if it did have jurisdiction, it would find that chapter 119 does not apply to the legislative branch of government.

Hawkes appealed and the Fifth District Court of Appeal reversed. The district court stated:

Neither the opinion of some later legislative session nor of the individual legislators as to the construction of some statute enacted by an earlier legislature is relevant to a proper judicial interpretation of the earlier statute. The legislative intent that the judiciary must seek in construing a statute is the legislative intent of the legislature that passed the statute in question, not the intent of some other session of the legislature nor that of individual legislators.
Under the separation of powers provision of the Constitution of the State of Florida, Article II, Section 3, there may be a problem when the legislature enacts a statute affecting the executive branch or the judicial branch of government but there can be no separation of powers problem as to the legislature enacting a statute that applies to the legislature.

Hawkes v. Locke, 559 So.2d 1202, 1203-04 (Fla. 5th D.C.A. 1990) (footnote omitted). The district court distinguished our decision in Moffitt v. Willis, 459 So.2d 1018 (Fla. 1984), by stating that that case involved the internal records of the legislature and not the records in the office of a particular member. It expressed the view that "the `state officers' referred to in the basic public records law includes, but is not limited to, members of the legislature." Hawkes, 559 So.2d at 1204. Further, the district court concluded: "The language of the public records act includes members of the legislature and the public records in their custody and they are not exempted by the statute." Id.[2]

In the second case, Florida House of Representatives v. Gordon, David Singer filed suit in 1990 to compel the "production of all public records" of the office of Representative Susan Guber, a member of the Florida House of Representatives. Singer sought to have the circuit court enforce the provisions of chapter 119. The trial judge directed Representative Guber to serve a responsive pleading by a date prior to the 1990 election. The Florida House of Representatives, prior to the date by which Representative Guber was to respond, filed in this Court a petition seeking to prohibit the trial court from proceeding with the action against Representative Guber. We entered an order to show cause why that petition should not be granted, and we stayed all circuit court proceedings.[3] We then consolidated the cause with Locke v. Hawkes.

The House of Representatives, representing the legislators involved, asserts that: (1) the judiciary is without jurisdiction over legislative internal operating procedures under the separation of powers doctrine and (2) chapter 119, by its terms, does not apply to the Florida Legislature. In its separation of powers argument, the House notes that article III, section 4(a), of the Florida Constitution, provides that "[e]ach house shall determine its rules of procedure," and that we, in this instance, must apply article II, section 3, of The Florida Constitution which directs that "[n]o person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein." It notes that we stated in McPherson v. Flynn, 397 So.2d 665, 667 (Fla. 1981), that "the doctrine of separation of powers requires that the judiciary refrain from deciding a matter that is committed to a coordinate branch of government by the demonstrable text of the constitution." The House argues that our decision in Moffitt v. Willis, 459 So.2d 1018 (Fla. 1984), controls because in that decision we expressly recognized that legislative meetings and records are subject to the exclusive control and direction of the legislature and not to the interpretative or coercive *35 power of the judicial branch. The House further contends that under this decision we are without jurisdiction to invade the legislature's internal procedures with respect to open meetings.

With regard to the second point, the House argues that the plain language of chapter 119, its statutory history, and all external indicia of legislative intent show that chapter 119 does not and was not intended to apply to the legislative branch of Florida government. In this argument, the House notes that section 119.011(2), Florida Statutes (1987), defines "agency" as follows:

"Agency" means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency.

In arguing that this definition does not include the legislature, the House of Representatives contends that the key phrase in this definition is a "unit of government created or established by law." The House, in other words, argues that the legislature is no more a creation of law than is the judiciary.

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Cite This Page — Counsel Stack

Bluebook (online)
595 So. 2d 32, 1992 WL 34694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/locke-v-hawkes-fla-1992.