Chiles v. Phelps, s. 92474

• Decision Date: 02 July 1998
• Docket Number: Nos. 92474,92730,s. 92474
• Citation: 714 So.2d 453
• Parties: 23 Fla. L. Weekly S372 Lawton CHILES, as Governor, Petitioner, v. John B. PHELPS, et al., Respondents. A CHOICE FOR WOMEN and Edward R. Watson, M.D., Petitioners, v. Daniel WEBSTER, et al., Respondents.
• Court: Florida Supreme Court

Page 453

714 So.2d 453

23 Fla. L. Weekly S372

Lawton CHILES, as Governor, Petitioner, v. John B. PHELPS, et al., Respondents.

A CHOICE FOR WOMEN and Edward R. Watson, M.D., Petitioners, v. Daniel WEBSTER, et al., Respondents.

Nos. 92474, 92730.

Supreme Court of Florida.

July 2, 1998.

Dan R. Stengle, General Counsel, Michelle Anchors, Deputy General Counsel, and Thomas Crapps, Assistant General Counsel, Office of the Governor, Tallahassee, on behalf of Governor Lawton Chiles; and Charlene Miller Carres, Tallahassee, and Bebe J. Anderson, The Center for Reproductive Law & Policy, New York City, on behalf of A Choice For Women and Edward R. Watson, M.D., Petitioners.

Thomas E. Warner of Warner, Fox, Seeley, Dungey & Sweet, L.L.P., Stuart, John E. Thrasher, Tallahassee, and J. Alex Villalobos, Tallahassee, on behalf of John B. Phelps, Clerk of the Florida House of Representatives and Daniel Webster, Speaker of the Florida House of Representatives, et al.; Donald L. Bell, General Counsel, and Andrea J. Moreland, Assistant General Counsel, on behalf of Sandra B. Mortham, Secretary of State, et al., Tallahassee, and D. Stephen Kahn, Senate Counsel, Tallahassee, on behalf of Toni Jennings, Senate President, Respondents.

HARDING, Chief Justice.

Governor Lawton Chiles petitions this Court for a writ of mandamus or other appropriate writ by which he challenges the legislature's override during the 1998 regular legislative session of his vetoes on Committee Substitute for House Bill 1227 and Committee Substitute for House Bill 1597 ¹ (hereinafter referred to as CS/HB 1227 and CS/HB 1597). Petitioners A Choice for Women and Dr. Edward Watson seek a writ of quo warranto determining that the legislature and its officers exceeded their authority in overriding the Governor's veto of CS/HB 1227. The Court has consolidated these cases. We have jurisdiction pursuant to article V, § 3(b)(8), Florida Constitution. For the reasons expressed below, we deny the petitions.

After adjournment of the 1997 regular legislative session, Governor Chiles vetoed several bills passed during that session. Pursuant to Article III, section 8(b), Florida Constitution, the Governor filed the vetoed bills and his signed objections with the Secretary of State. The Governor convened the legislature in November 1997 for a five-day special session on educational facilities and funding. Immediately before the special session, the Secretary of State presented the Speaker of the House with the house bills passed by the legislature but vetoed by the Governor after the 1997 regular session and his veto messages thereon. The veto messages were entered on the House Journal. The legislature did not consider the vetoed bills before adjournment of the special session.

Immediately before the 1998 regular session, Governor Chiles filed a petition for writ of mandamus directing the Clerk and Speaker of the House to return all vetoed bills and signed objections from the 1997 regular session to the Department of State, as he asserted section 15.07, Florida Statutes (1997) required. ² This Court continued the case until fifteen days after the end of the regular legislative session.

During the 1998 regular session, the House and Senate voted to override the Governor's vetoes on CS/HB 1227 and CS/HB 1597. Those laws became effective sixty days after May 1, 1998, the end of the 1998 regular session.

Petitioners allege that under Article III, section 8, Florida Constitution, the legislature was required to override the vetoed bills at the 1997 special session or lose the authority to override. Petitioners further allege that the Clerk of the House maintains possession of the remaining vetoed bills from the 1997 regular session in violation of section 15.07, Florida Statutes.

According to their petition, A Choice for Women is a clinic which provides abortions and other services, including those prohibited by CS/HB 1227. Dr. Watson is the medical director of the clinic and a doctor who performs abortions and uses other procedures prohibited by the bill.

As an initial matter, respondents argue that this Court lacks jurisdiction to consider or should refrain from addressing the petitions. They assert that the separation of powers doctrine precludes any attempt by the executive or judicial branches to direct or prohibit actions by the legislature or its officers in the exercise of their legislative duties. The separation of powers doctrine provides that "[t]he powers of the state government shall be divided into legislative, executive, and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein." Art. II, § 3 Fla. Const.

We have interpreted this to require the judiciary to "refrain from deciding a matter that is committed to a coordinate branch of government by the demonstrable text of the constitution." McPherson v. Flynn, 397 So.2d 665, 667 (Fla.1981) (constitution gives legislature sole power to determine qualifications of its members). See Moffitt v. Willis, 459 So.2d 1018 (Fla.1984) (court lacked jurisdiction to determine whether legislature violated its internal rules of procedure). However, as the highest court of the judicial branch of government, one of our primary judicial functions is to interpret statutes and constitutional provisions. Locke v. Hawkes, 595 So.2d 32, 36 (Fla.1992). In carrying out this function, we do not violate the separation of powers doctrine by determining whether a legislative enactment was constitutionally adopted.

Respondents claim that the Governor lacks authority to bring the instant petition, because article IV, section 1(b), Florida Constitution, does not specifically provide that the Governor may sue the legislature. ³ However, this Court historically has taken jurisdiction of writ petitions where members of one branch of government challenged the validity of actions taken by members of another branch. See Florida House of Representatives v. Martinez, 555 So.2d 839 (Fla.1990) (mandamus petition by House of Representatives challenging governor's exercise of veto power); Martinez v. Martinez, 545 So.2d 1338 (Fla.1989) (quo warranto petition by house member challenging governor's authority to include within call for special session consideration of issue listed in call of previous special session); Florida Senate v. Graham, 412 So.2d 360 (Fla.1982) (action by Senate questioning governor's constitutional authority to limit special apportionment session to less than thirty days). Kirk v. Baker, 224 So.2d 311 (Fla.1969) (petition for mandamus or prohibition by governor against Dade County judge).

Further, we have recognized that members of the legislature have standing as citizens and taxpayers to challenge alleged unconstitutional acts of the executive branch. See House of Representatives v. Martinez, 555 So.2d at 843; Thompson v. Graham, 481 So.2d 1212, 1213 n. 2 (Fla.1985); Brown v. Firestone, 382 So.2d 654, 662 (Fla.1980). Although Governor Chiles has filed the instant petition as Governor, in House of Representatives v. Martinez, we found the individual House members to have standing as taxpayers despite the fact that the House of Representatives was named as petitioner. Respondents advance no reason why the Governor should not be afforded the same standing as members of the legislature have historically been afforded.

Additionally, petitioners A Choice for Women and Dr. Watson filed their petition as members of the general public. We have held that members of the general public seeking enforcement of a public right may obtain relief through quo warranto. See Martinez v. Martinez, 545 So.2d at 1339 ("In quo warranto proceedings seeking the enforcement of a public right the people are the real party to the action and the person bringing suit 'need not show that he has any real or personal interest in it.' ") (footnote omitted) (quoting State ex rel. Pooser v. Wester, 126 Fla. 49, 53, 170 So. 736, 737 (1936)). The "public right" at issue in Martinez was the right to have the Governor perform his duties and exercise his powers in a constitutional manner. 545 So.2d at 1339 n. 3. A similar public right is at issue here, i.e., the right to have the legislature and its leaders exercise their powers in a constitutional manner. Therefore, quo warranto is an appropriate method to bring the instant challenge. ⁴

Although respondents argue that the legislature as a body is not a state officer or agency for purposes of article V, section 3(b)(8), Florida Constitution, ⁵ the petitioners challenge the authority of the Speaker of the House and the Senate President to allow their respective bodies to vote on the vetoed bills. In addition, they challenge the authority of the Clerk of the House to continue to hold the remaining vetoed bills. Respondents are state officers subject to this Court's jurisdiction for purposes of this proceeding. See State ex rel. Schwartz v. Bledsoe, 159 Fla. 243, 31 So.2d 457 (1947).

We have stated that under ordinary circumstances, the constitutionality of a statute should be challenged by way of a declaratory judgment action in circuit court. Moreau v. Lewis, 648 So.2d 124, 126 (Fla.1995). However, we have accepted jurisdiction in original proceedings where the functions of government would be adversely affected absent an immediate determination by this Court. Id.; Dickinson v. Stone, 251 So.2d 268 (Fla.1971). Because the issue in these petitions creates uncertainty for those required to enforce these laws, as well as for those who may be subject to their reach, we believe that an immediate determination is required. ⁶ Accordingly, we exercise our jurisdiction to consider the instant petitions.

Turning to the merits of the petitions, the issue before us is whether the legislature violated article III, section 8, of the Florida Constitution by failing to take up the vetoed bills at the November 1997...