Askew v. Schuster, No. 48137

CourtUnited States State Supreme Court of Florida
Writing for the CourtROBERTS; OVERTON
Citation331 So.2d 297
PartiesHonorable Reubin O'D. ASKEW, Governor of the State of Florida, et al., Appellants, v. Joel Edward SCHUSTER et al., Appellees.
Decision Date21 April 1976
Docket NumberNo. 48137

Page 297

331 So.2d 297
Honorable Reubin O'D. ASKEW, Governor of the State of Florida, et al., Appellants,
v.
Joel Edward SCHUSTER et al., Appellees.
No. 48137.
Supreme Court of Florida.
April 21, 1976.

Robert L. Shevin, Atty. Gen., and Donna Holshouser Stinson, Asst. Atty. Gen., Tallahassee, for appellants.

Harry Lewis Michaels, Tallahassee, David C. Hollman and John H. Treadwell, Arcadia, for appellees.

D. Stephen kahn, Tallahassee, for Lew Brantley, Tom Gallen, Julian B. Lane and Guy Spicola, amicus curiae.

ROBERTS, Justice.

We have for review by direct appeal a final judgment by the Circuit Court in and for DeSoto County holding the latter portion of Section 945.025(3), Florida Statutes, relating to the conversion of G. Pierce Wood Memorial Hospital to be unconstitutional. We have jurisdiction pursuant to Article V, Section 3(b)(1), Constitution of Florida.

Appellees, Mental patients at G. Pierce Wood Memorial Hospital, a mental hospital in Arcadia, Florida, brought a class action for declaratory relief seeking to permanently enjoin appellants from housing convicted felons on any part of the premises or in the vicinity of G. Pierce Wood Memorial Hospital and to permanently enjoin them from establishing a medium security prison within the confines or vicinity of said hospital.

To assist in alleviating the critical shortage of prison facilities in Florida, appellants proposed plans which involved a conversion of a portion of said hospital into prison facilities. The plan entailed the taking over of approximately fourteen structures as prison area which area would be surrounded by a double row of chainlink fences, one twelve feet high with an umbrella arm of mesh and the inner one

Page 298

four feet high. Between the two fences, there will be a peri-guard electronic security alarm system, an underground perimeter surveillance system between the two fences. This consists of a pressure sensitive four-pipe buried underground sensor alarm system which operates on constant equalized pressure. The alarm is set off by zones and there will be eleven zones in the configuration which reflect back to the control room and the outside patrol cars when violated. Correctional officers will be in patrol vehicles around the perimeter 24-hours a day.

After hearing and an extended tour of G. Pierce Wood Memorial Hospital facility the trial judge permanently enjoined appellants from committing any act toward the conversion of G. Pierce Wood Memorial Hospital into a prison facility and ordered them to return G. Pirece Wood Memorial's physical facilities to their original state. Recognizing the critical shortage of prison facilities and the statutory authority for construction of such a facility as this, the trial court found from what it stated to be uncontradicted evidence which it evaluated in detail in its final judgment, that such a proposal by the State would:

'(a) Significantly impair the committed use of the hospital, reduce its operation as a treatment facility and cause it to be downgraded in its status as a State Hospital on the level of other treatment facilities set forth in F.S. 394.457(8), thus violating this section of the Baker Act.

'(b) Result in a lack of respect for the individual dignity to which the mental patients of G. Pierce Memorial Hospital are entitled, thus violating F.S. 394.459 of the Baker Act.'

The trial court determined that the latter portion of Section 945.025(3), Florida Statutes, relating to the conversion of G. Pierce Wood Memorial Hospital is unconstitutional and explicated:

'The general rule is that the latter legislative expression governs where two statutes are inconsistent. State v. Board of Public Instruction (Fla.1959) 113 So.2d 368. As set forth in State v. Haddock ((Fla.App.)1st Dist. 1962) 140 So.2d 631, this is true and in the absence of irreconcilable provisions or manifest overriding considerations, the last in point of time or order of arrangement prevails. 'In applying these rules of construction, it is impossible for this Court to reconcile the provisions regarding the conversion of G. Pierce Wood Memorial Hospital in F.S. 945.025(3) with the provisions set forth in F.S. 394.457(8) and F.S....

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24 practice notes
  • Trianon Park Condominium Ass'n, Inc. v. City of Hialeah, No. 63115
    • United States
    • Florida Supreme Court
    • April 4, 1985
    ...or executive branches of government absent a violation of constitutional or statutory rights. See Commercial Carrier; Askew v. Schuster, 331 So.2d 297 (Fla.1976); art. II, § 3, Fla. Const. Judicial intervention through private tort suits into the realm of discretionary decisions relating to......
  • Weingrad v. Miles, No. 3D08-1592.
    • United States
    • Court of Appeal of Florida (US)
    • March 3, 2010
    ...in the constitutional separation of powers doctrine, reflect appropriate deference to legislative enactments. See Askew v. Schuster, 331 So.2d 297, 300 (Fla.1976) (holding that in Florida, it is well settled that "absent a violation of due process or a specific constitutional guarantee, cou......
  • V.K.E. v. State, No. SC05-1176.
    • United States
    • United States State Supreme Court of Florida
    • July 6, 2006
    ...the last expression of legislative intent, in point of time or order, prevails." S.S.M., 898 So.2d at 85 (citing Askew v. Schuster, 331 So.2d 297, 298 (Fla. 1976), and Sharer v. Hotel Corp. of Am., 144 So.2d 813, 816-17 (Fla. 1962)) (other citation omitted). "The last expression of the Legi......
  • Delgado v. J.W. Courtesy Pontiac GMC-Truck, Inc., GMC-TRUC
    • United States
    • Court of Appeal of Florida (US)
    • March 21, 1997
    ...The propriety and wisdom of legislation are exclusively matters for legislative determination. Id. at 806. Accord Askew v. Schuster, 331 So.2d 297, 300 (Fla.1976); Regan v. ITT Industrial Credit Co., 469 So.2d 1387, 1390 (Fla. 1st DCA 1984), approved, 487 So.2d 1047 Page 609 Our supreme cou......
  • Request a trial to view additional results
24 cases
  • Trianon Park Condominium Ass'n, Inc. v. City of Hialeah, No. 63115
    • United States
    • Florida Supreme Court
    • April 4, 1985
    ...or executive branches of government absent a violation of constitutional or statutory rights. See Commercial Carrier; Askew v. Schuster, 331 So.2d 297 (Fla.1976); art. II, § 3, Fla. Const. Judicial intervention through private tort suits into the realm of discretionary decisions relating to......
  • Weingrad v. Miles, No. 3D08-1592.
    • United States
    • Court of Appeal of Florida (US)
    • March 3, 2010
    ...in the constitutional separation of powers doctrine, reflect appropriate deference to legislative enactments. See Askew v. Schuster, 331 So.2d 297, 300 (Fla.1976) (holding that in Florida, it is well settled that "absent a violation of due process or a specific constitutional guarantee, cou......
  • V.K.E. v. State, No. SC05-1176.
    • United States
    • United States State Supreme Court of Florida
    • July 6, 2006
    ...the last expression of legislative intent, in point of time or order, prevails." S.S.M., 898 So.2d at 85 (citing Askew v. Schuster, 331 So.2d 297, 298 (Fla. 1976), and Sharer v. Hotel Corp. of Am., 144 So.2d 813, 816-17 (Fla. 1962)) (other citation omitted). "The last expression of the Legi......
  • Delgado v. J.W. Courtesy Pontiac GMC-Truck, Inc., GMC-TRUC
    • United States
    • Court of Appeal of Florida (US)
    • March 21, 1997
    ...The propriety and wisdom of legislation are exclusively matters for legislative determination. Id. at 806. Accord Askew v. Schuster, 331 So.2d 297, 300 (Fla.1976); Regan v. ITT Industrial Credit Co., 469 So.2d 1387, 1390 (Fla. 1st DCA 1984), approved, 487 So.2d 1047 Page 609 Our supreme cou......
  • Request a trial to view additional results

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