Advisory Opinion to Atty. Gen. re Ltd. Casinos

• Decision Date: 09 September 1994
• Docket Number: No. 83886,83886
• Citation: 644 So.2d 71
• Parties: 19 Fla. L. Weekly S444 ADVISORY OPINION TO the ATTORNEY GENERAL re LIMITED CASINOS.
• Court: Florida Supreme Court

Page 71

644 So.2d 71

19 Fla. L. Weekly S444

ADVISORY OPINION TO the ATTORNEY GENERAL re LIMITED CASINOS.

No. 83886.

Supreme Court of Florida.

Sept. 9, 1994.

Rehearing Denied Oct. 26, 1994.

Robert A. Butterworth, Atty. Gen. and Louis F. Hubener, III, Asst. Atty. Gen., Tallahassee, and Arthur J. England, Jr. and Christopher L. Kurzner of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, Miami, on behalf of Proposition, for Ltd. Casinos, Inc., petitioners.

Richard E. Doran, Asst. Deputy Atty. Gen., Tallahassee, on behalf of The Honorable Lawton Chiles, Governor and the Florida Cabinet, Stephen R. MacNamara, Gen. Counsel, Tallahassee, and Donald L. Bell, Sp. Counsel to Kerrigan, Estes, Rankin & McCloud, P.A., Tallahassee, on behalf of No Casinos, Inc., Julian Clarkson and Susan L. Turner, Tallahassee, and Mikki Canton, Miami, on behalf of Florida Locally Approved Gaming, Inc. (FLAG) and Bally Mfg. Corp., M. Stephen Turner and Michael Manthei of Broad and Cassel, Tallahassee, and Michael Levine, President, Tallahassee, on behalf of Proposition for County Choice Gaming, Inc., Randal H. Brew, Jacksonville, on behalf of Bill Sims, amicus curiae, Robert T. Mann, pro se, Tarpon Springs, amicus curiae, and Nancy Maggiacomo, President, Tallahassee, on behalf of The League of Women Voters of Florida, Interested Parties in Opposition to Proposed Amendment.

PER CURIAM.

Pursuant to article IV, section 10 of the Florida Constitution and section 101.161, Florida Statutes (1993), the Attorney General has petitioned this Court for an advisory opinion regarding the validity of an initiative petition. In response to the Attorney General's request, we issued an order permitting interested parties to file briefs, and we heard oral arguments on the validity of the proposed amendment. We have jurisdiction under article V, section 3(b)(10) of the Florida Constitution.

The initiative petition was proposed by a group known as Proposition for Limited Casinos, Inc. The petition seeks to amend Article X, section 7 of the Florida Constitution. ¹ The full text of the petition reads as follows:

TITLE: LIMITED CASINOS

SUMMARY: Authorizing a limited number of gaming casinos in Broward, Dade, Duval, Escambia, Hillsborough, Lee, Orange, Palm Beach and Pinellas Counties, with two in Miami Beach; and limited-size casinos with existing and operating pari-mutuel facilities; and if authorized by the legislature up to five limited-size riverboat casinos in the remaining counties, but only one per county. Mandating implementation by the legislature. Effective upon adoption, but prohibiting casino gaming until July 1, 1995.

Section 1. Section 7 of Article X is amended to revise its title to read "Lotteries and Limited Casinos," and to designate the existing text as subsection "(a)".

Section 2. Subsection 7(b) of Article X is created to read:

The operation of a limited number of state regulated, privately owned gaming casinos is authorized, but only:

(1) at one facility each to be established within the present boundary of Duval, Escambia, Hillsborough, Lee, Orange, Palm Beach and Pinellas Counties; and

(2) at two facilities to be established within the present boundary of Broward County; and

(3) at three facilities to be established within the present boundary of Dade County, two of which shall be within the present boundary of the city of Miami Beach--with one of those two being in the South Pointe Redevelopment Area--and the third facility shall be outside the present boundary of the City of Miami Beach; and

(4) with each pari-mutuel facility which has been authorized by law as of the effective date of this amendment and which has conducted a pari-mutuel meet in each of the two immediately preceding twelve month periods; provided that no casino located with a pari-mutuel facility shall have a gaming area in excess of 75,000 square feet; and

(5) at not more than five riverboat casino facilities having a gaming area not in excess of 40,000 square feet, as the legislature may approve within the present boundaries of counties not identified in paragraph (1), (2) and (3); provided that the legislature shall not approve more than one riverboat casino in any one county.

Section 3. By general law, the legislature shall implement this section, including legislation to regulate casinos, to tax casinos, and to license casinos to pari-mutuel permit holders and at the other authorized facilities.

Section 4. This amendment shall take effect on the date approved by the electorate; provided however, that no casino gaming shall be authorized to operate in the state until July 1, 1995.

Our advisory opinion is limited to determining whether the proposed amendment complies with article XI, section 3 of the Florida Constitution and section 101.161, Florida Statutes (1993).

Article XI, section 3 provides that a proposed amendment "shall embrace but one subject and matter directly connected therewith." This Court has held that to satisfy the single-subject requirement, the proposed amendment must have a "natural relation and connection as component parts or aspects of a single dominant plan or scheme. Unity of object and plan is the universal test." Fine v. Firestone, 448 So.2d 984, 990 (Fla.1984) (quoting City of Coral Gables v. Gray, 154 Fla. 881, 884, 19 So.2d 318, 320 (1944)). In other words, a proposed amendment must manifest a "logical and natural oneness of purpose." Fine v. Firestone, 448 So.2d at 990. A primary reason for the single-subject restriction is to prevent "logrolling," a practice whereby an amendment is proposed which contains unrelated provisions, some of which electors might wish to support, in order to get an otherwise disfavored provision passed. Advisory Opinion to the Attorney General--Limited Marine Net Fishing, 620 So.2d 997 (Fla.1993). Also, to meet the single-subject requirement, no single proposal can substantially alter or perform the functions of multiple aspects of government. Advisory Opinion to the Attorney General--Save Our Everglades, 636 So.2d 1336 (Fla.1994).

The Attorney General and opponents of the petition argue that the proposed amendment constitutes logrolling. We disagree. The sole subject of the proposed amendment is to authorize privately-owned casinos in Florida. The proposal does not combine subjects which are dissimilar so as to require voters to accept one proposition they might not support in order to vote for one they favor. Although the petition contains details pertaining to the number, size, location, and type of facilities, we find that such details only serve to provide the scope and implementation of the initiative proposal. These features properly constitute matters directly and logically connected to the subject of the amendment.

We also reject the opponents' argument that the proposed amendment would perform functions of local governments including local zoning, as well as the functions of local governments and the executive branch in the areas of planning, land use and environmental regulation. Nothing in the petition usurps, interferes with, or affects, the powers and authority of the executive branch of government or of local governments to integrate casinos into existing governmental policies for planning, zoning, land use, or environmental considerations. There is no directive in the petition for an override of local or state environmental, land use, or regulatory policies.

Opponents further argue that the petition encroaches upon the taxation, regulation, and licensing powers of the legislature because of the "legislature shall implement" language contained in the petition. We find that this language is incidental and reasonably necessary to effectuate the purpose of the proposed amendment and does not violate the single-subject requirement. See Advisory Opinion to the Attorney General English--The Official Language of Florida, 520 So.2d 11 (Fla.1988) (provision for legislative implementation directly connected to establishing English as official state language); Floridians Against Casino Takeover v. Let's Help Florida, 363 So.2d 337 (Fla.1978) (provision requiring that anticipated tax revenues be applied to education and law enforcement properly served to implement the single-subject of casino gambling in Dade and Broward counties).

Opponents of the petition also pose a myriad of speculative scenarios in which the proposed amendment might usurp the functions of the three branches of government. For example, they suggest that the petition would perform a judicial function in that it might cut off a judicial remedy for those citizens whose property might be adversely affected by the authorized casinos. They also argue that the...