endstream endobj 13 0 obj <>stream [1] 1983 Op.Att'y Gen.Fla. This list is not all inclusive. Gen., Tallahassee, for respondent. Most of the times when they aren't enough tire it is because someone drove out of the way to find a really bad spot. The supporters of the Citizens' Choice proposal contend that all of its provisions deal with government revenue and are of a common and consistent theme. Because we find that the Citizens' Choice proposal contains other distinct subjects, we decline to address this contention. Woven industrial fabrics, from polyester and polyamide. By contrast, the present initiative is extremely broad and brings the entire camel into the tent. This is not to say, however, that we should simply dismiss the conflict as irrelevant to the question of the one-subject limitation. A decent AT tire such as the Firestone's will meet 95% of off roading uses. … If an amendment is specific and well-defined in its scope, there is no problem in ascertaining what it supersedes. Ultra High Purity Fine Ceramics (SiC) Component; Automotive Components. George FIRESTONE, Respondent. %PDF-1.4 %���� Without question, the Citizens' Choice proposal alters substantially the present constitutionally-established revenue bond funding scheme contained in article VII. 2d 824, 832 (Fla. 1970) (Thornal, J., concurring). We reasoned that the one-subject limitation of "any portion or portions" of the constitution was selected to place a functional as opposed to a locational restraint on the range of authorized amendments. I see nothing in Floridians or the constitution to warrant this statement of the test or the other references in the majority opinion which equate "function of government" to one subject. In our view, the single-subject restraint on constitutional change by initiative proposals is intended to direct the electorate's attention to one change which may affect only one subject and matters directly connected therewith, and that includes an understanding by the electorate of the specific changes in the existing constitution proposed by any initiative proposal. In Floridians the initiative to legalize casino gambling and earmark tax proceeds was relatively narrow from a constitutional viewpoint. In Weber v. Smathers, 338 So. 2d at 824 (Roberts, J., dissenting). The wide sweep of this initiative has revealed the wisdom of the views of Justices Roberts and Alderman in a way that was less apparent in Weber and Floridians. The problem of conflicting provisions resulting from the adoption of an initiative proposal cannot be satisfactorily addressed by the application of the principle of constitutional construction that the most recent amendment necessarily supersedes any existing provisions which are in conflict. We recede from Floridians to the extent that it conflicts with this view. get credit report. Martin FINE, Petitioner, at 987-93. Solution Business. They might also contrarily approve or disapprove of the methods for overriding the revenue limitations. Id. This initiative proposal also affects permitting functions, such as the issuance of building permits, and the collection of fees for services such as recording and court filings. at 257. The result is that any improvement financed with revenue bonds would have to be approved by the people in order to authorize the increase in revenue generated by the improvement if that increase would cause total revenue to exceed the permissible limit. Jim Smith, Atty. We are mindful that it is not our responsibility to address the wisdom or merit of this proposed initiative amendment and we have not done so. 2d 1122 (Fla. 1981); State v. Lee, 356 So. The court held that mandamus was an appropriate means for testing the constitutionality of the proposal, id. Score: 88 with 2,131 ratings and reviews. Such admissions were made in Fine v. Firestone, 448 So. These bonds are generally repaid from revenue generated by the capital improvement rather than from general tax revenue. The instant proposed amendment's supporters claim that their proposal affects only a single subject, "revenues." Earl B. Hadlow and Robert J. Winicki of Mahoney, Hadlow & Adams, Jacksonville, amicus curiae for Southeastern Legal Foundation. The language reads: This language is not part of the amendment and would not appear on the ballot. In Floridians we held that the legalization of casino gambling, its taxation, and the distribution of the taxes collected, constituted a single subject. 2d at 824. First, we find that the proposal clearly restricts all types of taxation utilized for general governmental operations, including ad valorem real property taxes, personal property taxes, sales and use taxes, excise taxes on cigarettes, liquor and gasoline, corporate income taxes, and estate and inheritance taxes. This data is provided as an additional tool in helping ensure edition identification: Marlboro Cotton Mills v. Firestone Tire & Rubber Co Petition / D D MCCOLL / 1922 / 752 / 260 U.S. 749 / 43 S.Ct. All of these services would be substantially affected by this proposal. Block, Stuart L. Simon and Burt S. Hellman of Fine, Jacobson, Block, Klein, Colan & Simon, and Arthur J. In summary, we find that the extraordinary writ of mandamus is a proper means for resolving the strictly legal issue of whether the Citizens' Choice proposal addresses more than one subject in violation of article XI, section 3 of the Florida *986 Constitution. Some of the sections substantially affected by this limitation on tax revenue for general government operations are article VII, section 1 (taxation, appropriation, and state expenses); article VII, section 5 (estate and inheritance taxes); article VII, section 9 (local taxes); article IX, section 6 (state school fund); article XII, section 9(a) (public education trust fund); and article XII, section 9(c) (motor vehicle gas tax). h�b``�c``:� $Z�3�f fa�h ��B�@�3�7�r� �3�u �خ2Iq �ce`Z��x@� x� �c~H�&0��w�NRm0�)�� !��M9D�ZJq�N��ߧ�@�{����"H4o�i4,R��5�r�9�x����l�f� Solely on the basis of the legal issue presented to this Court, we *993 find that the Citizens' Choice proposal is clearly and conclusively defective because it fails to meet the intent and purpose of the single-subject requirement of article XI, section 3 of the Florida Constitution. User-fee services are those services, ordinarily utilities, which are primarily paid for by the users of the services. In our view, the situation presented here is similar to those presented in Republican State Executive Committee v. Graham, 388 So. Accordingly, the second certified question is answered in the negative. It does mean that when the initiative petition is challenged the judiciary must examine these factors in order to carry out its constitutional duty. Finally, under article VII, section 16, revenue bonds may be issued without an election to finance housing and related facilities, with the bonds being payable from the funds derived from such improvements. See Electric & Gas Department, Florida Public Service Commission, Directory of Electric & Gas Utilities (1984). Justice Roberts counseled against hasty constitutional amendments and reminded the Court of its responsibility as judicial officers. The citizens' initiative is the most restrictive of the four methods for amending or revising the constitution. Pivo Pils is a Pilsner - German style beer brewed by Firestone Walker Brewing Co. in Paso Robles, CA. V. VOLUBILIS FOOD INC. 407 BROOKSIDE RD WATERBURY, CT 06708. view profile. We hold that the Citizens' Choice proposal clearly violates the single-subject requirement of the Florida Constitution. See Lefcoe and Allison, The Legal Aspects of Proposition 13: The Amador Valley Case, 53 S.Cal.L.Rev. In legislative parlance, article III, section 6, prohibits what is known as "logrolling." No official record of legislative history or debate would be available to aid this Court in the construction of an amendment resulting from an initiative proposal. The fact that the "ethics in government" proposal required no amendment of other sections of the constitution must not be seen as curing the failure to strictly comply with the one-subject limitation. ]������� �R���I���{��u��̋(��Wm�Qc���$JwӮ6�u���ZL[��[H�8|k����i�6��"����vN�����X!�2�4a�$����-,&lz��l�@+Х��ˡ���?�(Z^F�lG�����}&c��v]$0��Wǁ���&*&d�x ���EY�bN-��#���n�@(�6a���W�*[��;�]��� w����M��i�0&����x5d�����JV�i�Ttτ���A��vdož5�p�6τ`D=�� Q�΄��j�&��'�Zl� 6�d��T�Aۤrz�2ȷ�[@o�0�� ���ibȓ£�������%�85W�(`�;�v�/�1W�{�)�l�`�=:��f�I�Ò�|���Q��2��$�� And to my surprise very good in the rain. Rptr. Subscribe to Justia's Free Summaries The intent of the proposal is to limit all "receipts of agencies and instrumentalities and proprietary and trust funds," which includes all revenue generated by government-operated utilities and other user-fee services. In fact, during oral argument, counsel admitted that he had no idea of what would be the extent of the effects of the proposed amendment, either now or in the future. On page 990, the majority states that we emphasized in Floridians that the test of the one-subject limitation "should include a determination of whether the proposal affects a function of government as opposed to whether the proposal affects a section of the constitution." Gen., Mitchell D. Franks, Chief Trial Counsel and Eric J. Taylor, Asst. 2d 337 (Fla. 1978), we addressed the effect of the 1972 amendment to article XI, section 3, which expanded the scope of initiative petitions by providing that they could be used to revise or amend any portion or portions of the constitution if such revisions or amendments embraced but one subject and matter directly connected therewith. On the merits, the district court, relying primarily on this Court's decisions in Floridians Against Casino Takeover v. Let's Help Florida, 363 So. In light of today's decision, Weber stands condemned by our own analysis. Under article VII, section 11, revenue bonds may be issued without an election to finance state capital projects payable from funds derived from sources other than state tax revenues. 2d 654 (Fla. 1980); Green v. Rawls, 122 So. 0 Under article VII of the Florida Constitution, there are a number of provisions which allow governmental entities to finance the construction of capital improvements with funds from government bonds without the necessity of an election. *985 Irwin J. March 27, 1984. The resolution of this issue requires no findings of fact. He said could be timing, or it could be something worse like a "bent crankshaft" or "crank sensor". If the single-subject requirement means anything, it must apply in this instance. whether a citizen initiative complies with the single-subject rule is Fine v. Firestone, 448 So.2d 984 (Fla.1984). 363 So. The Court found that the proposed "Sunshine Amendment" met that test and held, without discussion, that. The single-subject rule of restraint is a provision "which the people themselves have incorporated in our Constitution to protect it against precipitous and spasmodic changes in the organic law." Ronald A. Zumbrun, John H. Findley and Joseph E. Maloney, Sacramento, Cal., and James F. Pollack, Coral Gables, amicus curiae for Pacific Legal Foundation. In his concurring opinion, Justice England took a liberal and expansive view which had the effect of transferring the largest part of the responsibility for analyzing such initiatives to the citizenry and of minimizing the role of the courts in such analysis. Bicycle. We recede from that language and find that how an initiative proposal affects other articles or sections of the constitution is an appropriate factor to be considered in determining whether there is more than one subject included in an initiative proposal. get credit report. <<458C7BE6D77FAC44A1CD225670C5E9F3>]/Prev 172723>> In announcing that we would view the one-subject limitation broadly rather than narrowly, we failed to appreciate the impreciseness of the words "one-subject" and thus invited initiative petitions which would sweep so broadly as to nullify the limitation. 0000005544 00000 n EHRLICH, Justice, concurring in result only. 22 0 obj <>stream Firestone retorts that the same tire that shreds on an Explorer holds up just fine on a Ford Ranger. �ë��1�>���aF���뮮ΐ��+4G���n՞S�dj�.-|^��� O���T���P�|a��. The purpose of the single-subject requirement is to allow the citizens to vote on singular changes in our government that are identified in the proposal and to avoid voters having to accept part of a proposal which they oppose in order to obtain a change which they support. Unfortunately, the sweeping language used in Floridians does not take into account a proposed amendment, such as here, which is simply too broad. 0000017588 00000 n If challenged, it may be that a contemporary interpretation can be placed on the initiative which preserves its constitutionality and serves to inform both the voters and the branches of government. 2d 151 (Fla. 1982). Weber, 338 So. Firestone Destination AT: On the Road. Citizens Proposition for Tax Relief v. Firestone, 386 So. They are fine on road and great off road. Dennis M. O'Connor, Coral Gables, amicus curiae for Floridians for Tax Relief, Florida Citizens for Tax Relief and Limit Government Committee, George Schulte, Ed Havill and Y.Y. Under article VII, section 14, state bonds pledging the full faith and credit of the state may be issued without an election to finance the construction of air and water pollution control and abatement facilities, solid waste disposal facilities, and other water facilities authorized by general law. Zero vibrations issues or odd wear issues. The Citizens' Choice proposal would require a vote of the people for specific purposes and amounts in order to address such problems. Suggesting that the two are analogous, as principle six does, is to blur the distinction. 2d 819 (Fla. 1976), and Floridians Against Casino Takeover v. Let's Help Florida, 363 So. This requirement avoids voters having to accept part of an initiative proposal which they oppose in order to obtain a change in the constitution which they support. *985 Irwin J. Section 1 authorizes the legislature, by joint resolution passed by a three-fifths vote of the membership of each house of the legislature, to propose an amendment of a section or a revision of one or more articles, or the whole, of the constitution. 2d 318 (1944), that in determining whether a proposal addresses a single subject the test is whether it "may be logically viewed as having a natural relation and connection as component parts or aspects of a single dominant plan or scheme. Adams v. Gunter, 238 So. 2d 819 (Fla. 1976). Unfortunately, in our desire not to unnecessarily impede the initiative process, we forswore the full use of relevant factors which would aid us in determining whether the initiative was limited to one subject. This is not to suggest that citizen initiatives should be thrown out because they are not crystal clear or exactingly precise. In Adams v. Gunter, 238 So. Firestone Complete Auto Care vs Meineke PissedConsumer.com strives to provide consumers with the right information to make informed purchasing decisions. Dissenting in Floridians, Justice Alderman recognized the significance of the statement that we would view the one-subject limitation broadly and foresaw its future impact. By a large margin this is a vastly improved tire. 3d 208, 149 Cal. As the majority notes, the purpose of the single-subject requirement is to prevent logrolling, pairing a popular measure with *996 an unpopular one in order to enhance the likelihood of passing the less-favored measure. The initiative petition was signed by the requisite number of voters and was approved by the secretary of state for inclusion on the 1984 general election ballot as Amendment One. Article XI, section 3 of the Florida Constitution authorizes changes in our constitution by initiative petition and provides that: (Emphasis added.) Atty. at 987, and that the amendment violated the state constitution's prohibition against multiple-subject constitutional amendments, id. 338 So. The Timbrens worked fine when hauling the trailer. I concur in the majority opinion, but would like to separately express my views, even though they are, for the most part, cumulative. 2d 276 (Fla. 1978). The proponents of the Citizens' Choice amendment confirmed in oral argument that any revenue generated by a capital improvement constructed with revenue bonds would be included in the overall revenue of the governmental entity which constructed the improvement. get credit report. Counsel, Tallahassee, amicus curiae for Florida Educ. I know people using both tires, but on larger SUVs. I do not think, however, that this change evidences the intent of the legislature or of the electorate to give carte blanche to those who pursue this method of amending the constitution. The proposal places a cap on revenue by using *991 the revenue received for the fiscal period of 1980-81 as a base and allowing an annual adjustment for each fiscal period equivalent to two-thirds of the percentage change in the Consumer Price Index for the preceding calendar year, but restricting ad valorem tax increases to a maximum of five percent per year. In an opinion reported as Fine v. Firestone, 443 So. 64739. Id. In Adams this Court expressed concern that the proposal neither identified the sections amended nor specified how they would be amended. For the reasons expressed, we find that mandamus is an appropriate remedy here and that the Citizens' Choice amendment must be removed from the 1984 general election ballot for failure to comply with the single-subject requirement of article XI, section 3 of the Florida Constitution, and, accordingly, we quash the decision of the First District Court of Appeal. al. Article XI of the Florida Constitution, in sections 1-4, prescribes the procedures for amending or revising the constitution. Had the proposal presented here been recommended as a proposal by the legislature, a constitutional revision commission, or an act of a duly called constitutional convention, it might have passed judicial scrutiny. The primary question before this Court is whether there is more than one subject *988 contained in the Citizens' Choice proposal. Article XI of the Florida Constitution provides multiple ways to amend the constitution. The vote must be for specific purposes and amounts, and any approved increase can be effective for no longer than two fiscal periods. 2018 TRD OP non-kdss, well armored, well used (6112s/650lb at 1.3" lift, Icon 2.0 and Eibach 1" rear, Mickey Thompson ATZ P3 LTE 265 70 17 and Falken Wildpeak AT3W P265 70 17, RCI set of front 3/16 skids, Shrockworks step sliders and 3/16 steel gas tank skid, C4Fab rear diff skid, Rockmen rear LCAs, Total Chaos rear LCA bracket skids). After the 1972 amendment this Court had the unenviable task of attempting to apply a working definition to the words "one-subject." H��Wێ�Fͳ���Ao�/Bڛ�Qv/H��������S����Ȃ�v�����U�NU.$1HjLJ�����j[�,������υ���9��>�����L��G8Z�+�H{�(Nޖ�8���X��P'g����/�墴gR���P�tɰB���H�F�ײ�\�� Dy)$���O�O!42��W�u���ɒI�U���؜y��\i��̜P�9b/�Q{Ɛ�ќڐGQQ�܈D�f^��O�۫�lY�\����/�>=9ߵ����gg�eq�$�Z��u��eg����l�‰BZ��m�/]~,.�����! 2d 337 (Fla. 1978), the Court adopted and expanded upon Justice England's concurrence to Weber. Id. Long-link carbon reinforcement improves treadwear and helps resist cracking, chipping and tearing, while 5-degree noise … Having wrestled with the issues here, I understand better the views of Justices Terrell and Roberts that "[i]t is hard to amend the Constitution and it ought to be hard," and that the citizens' initiative method of amending the constitution deserves particular care because it does not have the structural safeguards which are built into the other three methods. The burden of a fine on the corporation will be borne by the shareholders, who correspond to the employers of tortfeasing employees, and indirectly by the managers. 2d 819 (Fla. 1976), and Floridians Against Casino Takeover v. Let's Help Florida, 363 So. 173 (1979). 1 automaker said it was planning to switch to the Bridgestone brand for some of its vehicles this summer. at 831 (emphasis supplied). "[5] This proposal trespasses on the limitations imposed on initiative amendments and, therefore, must be stricken. First, it limits how governments can tax, thereby affecting the general operation of state and local government. In Adams v. Gunter, 238 So. Joseph W. Little, Gainsville, amicus curiae. No. 2d at 341 (footnote omitted). Phillips, Jr. Bruce Rogow, Fort Lauderdale, amicus curiae for American Civil Liberties Union Foundation of Florida. ." The legislative, revision commission, and constitutional convention processes of sections 1, 2 and 4 all afford an opportunity for public hearing and debate not only on the proposal itself but also in the drafting of any constitutional proposal. Bridgestone provides a wide range of sporting goods, including golf balls and golf clubs. 363 So. Find Firestone Complete Auto Care Near You. The Court concluded that. The Court's response to this second argument has created the current problem by removing any restraints on the one subject requirement. These subjects clearly involve two separate and distinct functional operations of our government. )���p_�>��>�%D#3�Cv@ 2��u���Y������úY5�&�P+,+�?醲KH�j�ͮ�G\�=n�Y��*}�ݷ� ����~s�eKb�0�g&͗z=I��F�ءw%(�� �6���X��3��E��|�v\*�7CYeQ�[���?�,1"=�Y��mW���� Having so answered the second certified question, it is unnecessary for this Court to address the third certified question. The constitutional scheme under these sections generally provides these various governmental entities with the authority to construct capital improvements without having to submit the project to a vote of the people since, in most instances, the full faith and credit of the governmental entity is not pledged to pay off the bonds. Firestone agreed. Having eviscerated Weber, the Court should expressly recede from it, in order to give the citizens of Florida clear and coherent instructions for utilizing the citizens' initiative to amend the Florida Constitution. That’s why, as of Sunday, March 22, Bridgestone Retail Operations will be shortening the hours of operation at all of our stores. Having concluded that only a legal issue is involved, we exercise our discretionary authority to decide the single-subject constitutional issue. Revenue bond funding scheme contained in the rain amend the constitution ten, by contrast are. 407 BROOKSIDE RD WATERBURY, CT 06708. view profile Paso Robles, CA 90280. view profile Court found that two... Constitution 's prohibition Against multiple-subject constitutional amendments and reminded the Court held mandamus! District Court also rejected Petitioner 's contention that the amendment violated the state constitution California constitution would like show! 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