555 So.2d 839 (Fla. 1990), 74747, Florida House of Representatives v. Martinez

Docket Nº:74747.
Citation:555 So.2d 839, 15 Fla. L. Weekly S 18
Party Name:FLORIDA HOUSE OF REPRESENTATIVES, et al., Petitioners, v. Bob MARTINEZ, etc., et al., Respondents.
Case Date:January 11, 1990
Court:Supreme Court of Florida
 
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Page 839

555 So.2d 839 (Fla. 1990)

15 Fla. L. Weekly S 18

FLORIDA HOUSE OF REPRESENTATIVES, et al., Petitioners,

v.

Bob MARTINEZ, etc., et al., Respondents.

No. 74747.

Supreme Court of Florida.

January 11, 1990

Rehearing Denied Feb. 14, 1990.

Page 840

Kevin X. Crowley of Cobb, Cole & Bell, Tallahassee, for petitioners.

Peter M. Dunbar, Gen. Counsel, Office of Governor, Tallahassee, and Alan C. Sundberg and Cynthia S. Tunnicliff of Carlton, Fields, Ward, Emmanuel, Smith and Cutler, P.A., Tallahassee, for The Hon. Bob Martinez.

Kenneth Rouse, Gen. Counsel, Dept. of State, Tallahassee, for Jim Smith.

William G. Reeves, Gen. Counsel, and Jo Ann Levin, Sr. Atty., The Capitol, Legal Section, Tallahassee, for Gerald Lewis.

KOGAN, Justice.

The Florida House of Representatives petitions for a writ of mandamus ordering the Florida Secretary of State to expunge from his official records gubernatorial vetoes directed at portions of the 1989 appropriations act, chapter 89-253, Laws of Florida (the "Act"). Petitioners also request that, in the same writ, we order the Florida Comptroller to make other adjustments to state financial records to reflect these expunctions. We have jurisdiction. Art. V, § 3(b)(8), Fla. Const.

I.

The sources of the present controversy are vetoes issued by Governor Bob Martinez that purport to nullify seven portions of the Act. Members of the House of Representatives challenge these vetoes as a violation of the Florida Constitution.

Veto number one was directed at the following language in the Act:

Specific Appropriation 5 5 Lump Sum Salary Increases From General Revenue Fund ........... 76,411,208 From Educational Enhancement Fund .............................. 6,433,236 From Trust Funds .................... 21,632,810

Funds are provided in Specific Appropriation 5 for adjustments to selected legal positions in the Florida Department of Legal Affairs, to be distributed at the discretion of the Attorney General. The effective date of any salary adjustments given in accordance with this provision shall be January 1, 1990. The Attorney General is authorized to exceed the maximum of the pay grade for up to eight Assistant Attorney General positions.

The Governor gave the following reason for his veto in his Veto Message:

Proviso language in Section 1.1.2.D.2), [sic] paragraph 3, on pages 293 and 294, providing for salary adjustments to selected positions in the Department of Legal Affairs, is hereby vetoed. The funds appropriated for this purpose in Appropriation 5 are $300,000 from the General Revenue Fund and $61,070 from Trust Funds. These increases are in addition to the 4% pay increases provided for all Selected Exempt Service employees. It is inappropriate and inequitable to provide certain employees with extra benefits.

Veto number two was directed at the following language in the Act:

Specific Appropriation 500 500 Specific Categories Grants and Aids — Dropout Prevention From Educational Enhancement Trust Fund ................. 11,494,153

Page 841

From the funds provided in Specific Appropriation 500:

....

19. $4,000,000 is for Florida First Start as described in CS/HB 1160 or similar legislation and $100,000 shall be allocated for the Toddler Intervention program (TIP) in Dade County.

The Governor's Veto Message contained the following relevant statement:

Proviso language following Appropriation 500 on page 84 appropriating $3,900,000 from the Educational Enhancement Trust Fund for Florida First Start is hereby vetoed. This appropriation creates the Florida First Start Program for handicapped and at-risk children from birth to age three. The specific program objectives and services to be provided are not educational, but are social services more properly delivered by the Department of Health and Rehabilitative Services. The projected cost to fully implement this program is in excess of $80 million. Before a new program of this magnitude is begun, an in-depth analysis of current programs at the local, state and federal levels should be conducted. Currently, the Department of Education is developing a comprehensive, coordinated system of early intervention services for handicapped and at-risk children aged 0 to 3 funded by a federal grant under PL99-457, Part H--Infants and Toddlers Program. First Start may duplicate and conflict with this effort.

Veto number three was directed at the following language in the Act:

Specific Appropriation 749 749 Expenses From General Revenue Fund ............... 60,170 From Bureau of Aircraft Trust Fund ............................... 1,381,194 From Motor Vehicle Operating Trust Fund ......................... 1,157,970 From State Infrastructure Fund ......... 74,600

The Governor's Veto Message contained the following relevant statement:

Appropriation 749 on page 145 from the State Infrastructure Fund to provide expenses for the Division of Motor Pool is hereby vetoed. With the reduction of the State Infrastructure Fund from $500 million to $350 million, it is vital that the projects funded from this source be only the most critical priorities of the State, such as constructing correctional and public facilities and protecting the State's environmental resources.

Veto number four was directed at the following language in the Act:

Specific Appropriation 956 956 Special Categories Start-Up Funds/Group Fund From General Revenue Fund ..................... 80,000 From Intermediate Care Facilities/Mentally Retarded/Group Living Home Revolving Trust Fund ................... 80,000

The Governor's Veto Message contained the following statement:

Appropriation 956 on page 184 appropriating $80,000 from the General Revenue Fund for Group Home Loans is hereby vetoed. Funding for this program is available in the Community Residential Training Category.

Veto number five was directed at the following proviso language in the Act:

Upon termination of employees in the Senior Management Service, Selected Exempt Service, or positions with comparable benefits, payments for unused annual leave credits accrued on the member's last anniversary date shall be prorated at the rate of one-twelfth ( 1/12) of the last annual amount credited for each month, or portion thereof, worked subsequent to the member's last anniversary date.

The Governor's Veto Message contained the following relevant statement:

Proviso language in Section 1.1.5., paragraph 4, on page 296, authorizing funds to be used for purposes other than for the payment for unused annual leave credits for employees in the Senior Management Service and Selected Exempt Service, is hereby vetoed, and no funds provided in any agency budget, to the extent they are identified by this language, shall be utilized for such purposes. Limiting this benefit would not only impair the contract the State has with its present senior-level managers, but also would seriously undermine State government's ability to attract other high level senior managers.

Page 842

Veto number six was directed at the following language in the Act:

Specific Appropriation 1539 1539 Lump Sum Senate From General Revenue Fund ... 22,838,383

The Legislature may pay, from funds appropriated to the legislative branch, the reasonable costs that are incurred by members or employees of the legislature in excess of the level of benefits available under the state health plan for alcohol dependency...

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