Smith v. Coalition to Reduce Class Size

827 So. 2d 959, 2002 WL 31051569
CourtSupreme Court of Florida
DecidedSeptember 13, 2002
DocketSC02-1624
StatusPublished
Cited by35 cases

This text of 827 So. 2d 959 (Smith v. Coalition to Reduce Class Size) 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
Smith v. Coalition to Reduce Class Size, 827 So. 2d 959, 2002 WL 31051569 (Fla. 2002).

Opinion

827 So.2d 959 (2002)

Jim SMITH, Secretary of State, etc., et al., Appellants,
v.
COALITION TO REDUCE CLASS SIZE and Pre-K Committee, etc., Appellees.

No. SC02-1624.

Supreme Court of Florida.

September 13, 2002.

*960 L. Clayton Roberts, General Counsel, and Heidi Hughes, Assistant General Counsel, Florida Department of State, Tallahassee, FL, for Appellants.

Mark Herron and Thomas M. Findley of Messer, Caparello & Self, P.A., Tallahassee, FL; and Laurie Mathews of Hunton & Williams, Miami, FL, for Appellees.

Charles T. Canady, General Counsel, Carlos G. Muniz, Deputy General Counsel, and Simone Marstiller, Assistant General Counsel, Tallahassee, FL, for Jeb Bush, Governor of the State of Florida, Amicus Curiae.

Benjamin H. Hill, III, Lynn C. Hearn, and Mark J. Criser of Hill, Ward & Henderson, P.A., Tampa, FL, for The Florida House of Representatives, Amicus Curiae.

HARDING, Senior Justice.

We have for review a trial court judgment certified by the district court of appeal to be of great public importance and to require immediate resolution by this Court. We have jurisdiction. See art. V, § 3(b)(5), Fla. Const. For the reasons expressed below, we affirm the trial court's judgment finding that the statutorily imposed fiscal impact statement is an unconstitutional imposition on the initiative process.[1]

This case concerns the constitutionality of chapter 2002-390, Laws of Florida, which requires the Department of State to include for all proposed revisions or amendments to the state constitution by initiative "an analysis and fiscal impact statement" prepared by the Revenue Estimating Conference, estimating the "increase or decrease in any revenues or costs to state or local governments resulting from [the adoption of] the proposed initiative." The law requires the statement to be "clear and unambiguous" and to not exceed fifty words. The fiscal impact statement would be separately contained and placed on the ballot after the ballot summary.

Two political committees that were formed to advocate the adoption of proposed amendments[2] sought a temporary *961 injunction enjoining the Secretary of State from placing the fiscal impact statements on the November 2002 ballot. The committees pointed out to the circuit court that this Court has already approved the ballot titles and summaries for both initiatives. See Advisory Opinion to the Attorney General re Voluntary Universal Pre-Kindergarten Education, 824 So.2d 161 (Fla.2002); Advisory Opinion to the Attorney General re Florida's Amendment to Reduce Class Size, 816 So.2d 580 (Fla. 2002). The circuit court below granted the injunction, finding the fiscal impact statement requirement facially unconstitutional because it violates article XI, sections 3 and 5 of the Florida Constitution. The circuit court also found the provision unconstitutional as applied to appellees and others who have already had their proposals approved by this Court for placement on the ballot, since it would abrogate vested rights in violation of the due process clauses of the state and federal constitutions. Therefore, the circuit court enjoined appellants from placing a fiscal impact statement for any initiative on the November ballot.

On appeal, the First District Court of Appeal concluded that the case was one requiring immediate resolution by this Court, pursuant to Rule of Appellate Procedure 9.125. See Harris v. Coalition to Reduce Class Size, 824 So.2d 245 (Fla. 1st DCA 2002). The district court noted that the ballots for the November 2002 election must be printed and mailed no later than September 21.

We begin our analysis by addressing the appropriate standard of review. In Operation Rescue v. Women's Health Center, 626 So.2d 664 (Fla.1993), this Court stated the following regarding an appellate court's standard of review of a trial court's grant of an injunction:

Where an injunction is issued and challenged, Florida's appellate courts possess express authority to review the order. Fla. R.App. P. 9.130(a)(3)(B). The scope of review, however, is limited. As a general rule, trial court orders are clothed with a presumption of correctness and will remain undisturbed unless the petitioning party can show reversible error. To the extent it rests on factual matters, an order imposing a permanent injunction lies within the sound discretion of the trial court and will be affirmed absent a showing of abuse of discretion. This is particularly true where the order relies on live testimony or other evidence that the trial court is singularly well-suited to evaluate. Abuse of discretion, of course, is judged by the general "reasonableness" standard:
In reviewing a true discretionary act, the appellate court must fully recognize the superior vantage point of the trial judge and should apply the "reasonableness" test to determine whether the trial judge abused his discretion. If reasonable men could differ as to the propriety of the action taken by the trial court, then the action is not unreasonable and there can be no finding of an abuse of discretion. The discretionary ruling of the trial judge should be disturbed only when his decision fails to satisfy this test of reasonableness.
Canakaris v. Canakaris, 382 So.2d 1197, 1203 (Fla.1980). To the extent it rests on purely legal matters, an order imposing an injunction is subject to full, or de novo, review on appeal.

Id. at 670 (citations omitted).

The issue in this case is whether chapter 2002-390 violates the Florida Constitution. Article XI, section 3 of the Florida Constitution, entitled "Initiative," provides:

The power to propose the revision or amendment of any portion or portions of *962 this constitution by initiative is reserved to the people, provided that any such revision or amendment, except for those limiting the power of government to raise revenue, shall embrace but one subject and matter directly connected therewith. It may be invoked by filing with the secretary of state a petition containing a copy of the proposed revision or amendment, signed by a number of electors in each of one half of the congressional districts of the state, and of the state as a whole, equal to eight percent of the votes cast in each of such districts respectively and in the state as a whole in the last preceding election in which presidential electors were chosen.

Article XI, section 5, entitled "Amendment or Revision Election," provides:

(a) A proposed amendment to or revision of this constitution, or any part of it, shall be submitted to the electors at the next general election held more than ninety days after the joint resolution, initiative petition or report of revision commission, constitutional convention or taxation and budget reform commission proposing it is filed with the secretary of state, unless, pursuant to law enacted by the affirmative vote of three-fourths of the membership of each house of the legislature and limited to a single amendment or revision, it is submitted at an earlier special election held more than ninety days after such filing.
(b) Once in the tenth week, and once in the sixth week immediately preceding the week in which the election is held, the proposed amendment or revision, with notice of the date of election at which it will be submitted to the electors, shall be published in one newspaper of general circulation in each county in which a newspaper is published.

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Bluebook (online)
827 So. 2d 959, 2002 WL 31051569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-coalition-to-reduce-class-size-fla-2002.