Martinez v. Florida Legislature

542 So. 2d 358, 1989 WL 27663
CourtSupreme Court of Florida
DecidedMarch 23, 1989
Docket73601
StatusPublished
Cited by3 cases

This text of 542 So. 2d 358 (Martinez v. Florida Legislature) 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
Martinez v. Florida Legislature, 542 So. 2d 358, 1989 WL 27663 (Fla. 1989).

Opinion

542 So.2d 358 (1989)

Bob MARTINEZ, Etc., Appellant,
v.
The FLORIDA LEGISLATURE, Etc., et al., Appellees.

No. 73601.

Supreme Court of Florida.

March 23, 1989.
Rehearing Denied May 16, 1989.

Peter M. Dunbar, Gen. Counsel, Office of the Governor, and Alan C. Sundberg, Cynthia S. Tunnicliff, Mary E. Haskins and W. Douglas Hall of Carlton, Fields, Ward, Emmanuel, Smith and Cutler, P.A., Tallahassee, for appellant.

Kevin X. Crowley of Cobb, Cole & Bell, Gen. Counsel to Florida House of Representatives, Thomas Ross McSwain, Tallahassee, Deputy Gen. Counsel to The Florida Senate and co-counsel to the Florida Senate, Arthur J. England, Jr. and Linda A. Wells of Fine, Jacobson, Schwartz, Nash, Block & England, Miami, Special Counsel to the Florida Legislature, and Robert A. Butterworth, Atty. Gen., Louis F. Hubener, Asst. Atty. Gen., Chief, Appellate Branch and Mitchell D. Franks, Asst. Deputy Atty. Gen., Tallahassee, counsel to Jim Smith, Secretary of State, and Gerald Lewis, Comptroller, for appellees.

*359 McDONALD, Justice.

The First District Court of Appeal has certified the trial court's final judgment in this cause as involving issues of great public importance which require immediate resolution. We have jurisdiction pursuant to article V, section 3(b)(5) of the state constitution. At issue are Governor Martinez' vetoes of portions of specific appropriations. We find an improper exercise of the gubernatorial veto and affirm the trial court's rulings.

On June 8, 1988 the legislature adopted chapter 88-555, Laws of Florida, the general appropriations act of 1988. On June 29 Governor Martinez vetoed more than 150 specific line item appropriations contained in that act. He also vetoed five portions of specific appropriations. In September the legislature and five of its members,[1] in their official capacity and as citizens and taxpayers, petitioned this Court for a writ of mandamus to expunge the five partial vetoes. This Court granted Martinez' motion to dismiss in favor of a declaratory judgment action in circuit court.

The legislature then brought suit in circuit court to have the partial vetoes declared unconstitutional. As affirmative defenses, Martinez claimed: 1) the legislative intent documents (the statement of intent and legislative working papers), containing the five disputed items, constituted specific appropriations and had been incorporated by reference into the general appropriations bill by a letter from the chairs of the legislative appropriations committees;[2] 2) the suit failed to state a cause of action; and 3) the individual legislators lacked standing to sue. Martinez also counterclaimed against the individual legislators for a declaration of the legal effect and significance of the legislative intent documents. Finally, Martinez cross-claimed against the secretary of state (Smith) and comptroller (Lewis) as to the significance of the intent documents and the constitutionality of the implementing and conforming acts (chapters 88-556 and 88-557, Laws of Florida) pertaining to the general appropriations act.

The legislature moved for final summary judgment, the individual legislators moved to dismiss the counterclaim, and Smith and Lewis moved to abate consideration of the cross-claim pending disposition of the main action. The court heard the legislature's motions for summary judgment and dismissal *360 on December 22. A week later the court ruled in the legislature's favor and ordered Smith to expunge the five partial vetoes from the state records. The court also dismissed the counterclaim with prejudice and declared the cross-claim moot. Martinez appealed to the first district, which, upon the legislature's petition, certified the case to this Court.

Section 8(a) of article III, Florida Constitution, provides that "[t]he governor may veto any specific appropriation in a general appropriation bill, but may not veto any qualification or restriction without also vetoing the appropriation to which it relates." The basic requirements for a veto, therefore, are 1) a specific appropriation which is part of 2) an appropriations bill. We agree with the trial court and the legislature that the vetoes at issue do not meet those requirements.

The instant vetoes dealt with one appropriation to the Department of Agriculture and Consumer Services (number 118) and four appropriations to the Department of Education (numbers 528, 529, and 530). Each veto message begins the same: "The portion of Specific Appropriation," and each removes only part, not all, of an appropriation line in chapter 88-555. The first message vetoes $500,000 from the $7,400,000 appropriated in item 118; the second and third remove a total of approximately $279,000 from the $187,000,000 appropriated in item 528; the fourth takes $2,100 from the $6,900,000 appropriated in item 529; and the fifth vetoes $8,800 from the $75,000,000 appropriated in item 530.

The vetoed items are not listed in chapter 88-555. Instead, they appear in the summary statement of intent and computerized working papers, the so-called intent documents. Martinez argues that the statement of intent is an element of the general appropriations bill and that the letter transmitting the intent documents expressly incorporated the working papers into that bill. Therefore, according to the governor, any item in the working papers or statement of intent is subject to being vetoed as if it were a specific line item in chapter 88-555. The legislature, on the other hand, argues that, because they appear in working documents not adopted by the legislature, the vetoed items are not specific, identifiable appropriations adopted by the legislature in the general appropriations bill and that these vetoes do not meet the constitutional requirements.

Both sides rely on Brown v. Firestone, 382 So.2d 654 (Fla. 1980), in which this Court considered another challenge to the gubernatorial veto. Specifically, we had to decide if the veto could be exercised on provisos, contained within the appropriations bill and relating to specific appropriation lines, directing how portions of specific appropriations were to be spent.[3] In Brown we defined a specific appropriation as "an identifiable, integrated fund which the legislature has allocated for a specific purpose." Id. at 668. If a qualification or restriction in an appropriations bill sets apart an identifiable sum of money, that fund will be considered to be a specific appropriation because "it will most likely be the smallest identifiable fund to which the qualification logically relates." Id. We held that "[i]f the legislature deems it wise to appropriate a specific fund in a qualification or restriction, then the governor will be able to veto that qualification as a specific appropriation, just as he could have done had the legislature listed the fund as a separate line item." Id.

Martinez argues that Brown allows him to trace back from the broad line item appropriations through the summary statement of intent to the smallest identifiable funds in the legislative working papers. The legislature points out, however, that Brown explores the limits of the legislature's power to enact general appropriation law and the gubernatorial veto power and recognizes that single appropriation items can "be either general or quite specific depending upon the degree of particularization *361 employed by the legislature." Id. at 666.

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Cite This Page — Counsel Stack

Bluebook (online)
542 So. 2d 358, 1989 WL 27663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-florida-legislature-fla-1989.