��>�%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���� Citizens Proposition for Tax Relief v. Firestone, 386 So. We further found that the provisions were "sufficiently related to withstand an attack that they embrace more than one subject," id., and that the proposal would "not conflict with other articles and sections of the constitution." Prior to 1972 article XI, section 3, Florida Constitution, provided that the people could amend any section of the constitution by an initiative petition. 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. get credit report. Water based adhesives for polyester fabrics treatment. [2] The prior constitutional provision dealing with initiative proposals, article XI, section 3, of the 1968 Constitution provided, in part, "[t]he power to propose amendments to any section of this constitution by initiative is reserved to the people." However, without a load on the truck, the timbrens prevented the shock absorbers from engaging when needed and … ]������� �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]$0��Wǁ���&*&d�x ���EY�bN-��#���n�@(�6a���W�*[��;�]��� w����M��i�0&����x5d�����JV�i�Ttτ���A��vdož5�p�6τ`D=�� Q�΄��j�&��'�Zl� 6�d��T�Aۤrz�2ȷ�[@o�0�� In Floridians we also held that the question of whether an initiative proposal conflicted with other articles or sections of the constitution had "no place in assessing the legitimacy of an initiative proposal." 363 So. Weber, 338 So. 2d at 824. '��+����������dz � S�"��H�|Β�B�����H{'����!�F�͌�q��A���H܈3��.a�����$�.����DBy��ǪD|V� �8IȧO�B�IUJ!l�Y�7����}ծ������N>z��ܩ���]i��W�f���'��w�$Q�� �BzAC2�ׇ�MA�5���pPd���|{��wP�@?FLu�9��������wn ��5�nT� N�^�Y�x\B��2�����������b�HC����(�A��P�[�ciF���PJ�\��zS�u0`B�J7B�w���A�dǝ�gv�]w��2p"��R ����~U������ � �ş�wq����I����p`) j����4�i ��s��3YN�! 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. Rptr. Their search for a decent local ale finally led them to brew their own starting in 1996. H��WɎ�F��Ws� xڽ/�� v� ������(�ITDj���foER�a碃X�U�z��ׄ9�x`�[�X��^���%����w�P��b�Zb�\�!b�k����>|6�Rm�;]X"�Jb�BZF�����U\�xR��3N���ϻ��b|�����_��:���K8q&ݸ95�j�ϛ We find that mandamus is an appropriate remedy in this case. March 27, 1984. IMO they are quiet for a MT tire. The first question is whether an appellate court has jurisdiction to address the constitutionality of the Citizens' Choice proposal in this type of proceeding. The single-subject requirement in article XI, section 3, mandates that the electorate's attention be directed to a change regarding one specific subject of government to protect against multiple precipitous changes in our state constitution. I heartily concur with him. The instant proposed amendment's supporters claim that their proposal affects only a single subject, "revenues." Unfortunately, the sweeping language used in Floridians does not take into account a proposed amendment, such as here, which is simply too broad. detail. These bonds are to be payable primarily from all or any part of the revenues derived from the operation of such facilities. Ass'n/United. We have the same concerns in this cause. First, it limits how governments can tax, thereby affecting the general operation of state and local government. 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. 2d 984 (Fla. 1984), by the Citizens' Choice proponents, who did not know which constitutional provisions were amended by the proposal and left to this Court the responsibility of identifying and redrafting those provisions by judicial construction after the initiative proposal's adoption by the people. It limits the way in which governmental entities can tax; it limits what government can provide in services which are paid for by the users of such services; and it changes how governments can finance the construction of capital improvements with revenue bonds that are paid for from revenue generated by the improvements. It would be difficult to imagine a better illustration of logrolling than the initiative proposal approved in Floridians. Bicycle. [2] The introduction of the function of government test is dicta which, if followed, will carry us from the one extreme in Floridians of largely nullifying the one subject limitation to the opposite extreme of making the limitation practically insurmountable. V. VOLUBILIS FOOD INC. 407 BROOKSIDE RD WATERBURY, CT 06708. view profile. 0 So long as this Court continues to uphold the result in Floridians, it will stand for the proposition that logrolling may be tolerated in a citizens' initiative proposal to amend the constitution. 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. Firestone Destination AT: On the Road. 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. L. LIQUOR PASS 5871 FIRESTONE BLVD SOUTH GATE, CA 90280. view profile. 0000000016 00000 n The proposed amendment limits the amount of revenue which the state and its taxing units may receive. Though their relationship appeared fine at first, during the final months of their relationship, Facundo began to beat up Charlene ... convenience store on the corner of Firestone … They might also contrarily approve or disapprove of the methods for overriding the revenue limitations. 0000001365 00000 n Time's responsibility was to report accurately what the trial court did, not what it could or should have done. In Floridians we adopted and expanded the more liberal views expressed in the Weber concurrence. of Florida Supreme Court opinions. He sought, in the First District Court of Appeal, to have the amendment removed from the ballot by an extraordinary writ. The ballot language in the instant case fails to do that. 10–3675. The second distinct subject which we find in the Citizens' Choice proposal involves the restriction on the operation and expansion of all user-fee services. It was placed in the constitution by the people to allow the citizens, by initiative petition, to propose and vote on singular changes in the functions of our governmental structure. 2d 819 (Fla. 1976). 0000005544 00000 n It is a matter of public record that some governmental entities operate electrical plants (36), some operate gas utilities (24), and many more operate water, sewer, transportation, and garbage services. All of these services would be substantially affected by this proposal. Article XI of the Florida Constitution provides multiple ways to amend the constitution. The Citizens' Choice proposal would require a vote of the people for specific purposes and amounts in order to address such problems. USA. Furthermore, in holding today that the single-subject requirement of article XI, section 3 is to be strictly applied while seemingly continuing to approve Weber v. Smathers, the majority sends a garbled message to the public. He concluded that the authors of the initiative provision and its amendment intended the initiative to be the most restrictive and most difficult method of amending the constitution. I am running the Firestone MT2's. 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. 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). at 824. !��K����vș�jdf/ʂ��X�eVY��S��ٗ_�.f�+�c�1��j�\ﺶ�R����6����' � ��h�*),o�t�S5�A�o|]m�MSu)R�{P�1���k�ߌ�M���N�3ɒMG&}>4]�j�5�v[-4�4H�\~A�4P����~����0A�C�ͶN�g�{����V_ҳ,� �� vN�GyC%�kJf���@��p� Jim Smith, Atty. They are fine on road and great off road. The significance of the word "function" as used in Floridians was to point out that the one-subject limitation dealt with a logical and natural oneness of purpose, as opposed to the prior limitation on initiative proposals affecting multiple sections of the constitution. The Firestone Destination A/T tire is the all-terrain tire built for pickup truck, jeep and SUV drivers who want to go wherever the road leads them. In 2003, Firestone settled a class action lawsuit by agreeing to pay $15.5 million for consumer education focusing on tire safety and $19 million in legal fees and $2,500 each to 45 plaintiffs. 2d at 341 (footnote omitted). [3] We note that the Citizens' Choice proposal is not similar to Proposition 13, an amendment to the California Constitution. 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. These bonds are generally repaid from revenue generated by the capital improvement rather than from general tax revenue. To view these words broadly is to make them more imprecise and to frustrate *998 the necessity, if the limitation is to be implemented, of giving the words meaning.[1]. Counsel, Tallahassee, amicus curiae for Florida Educ. 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. Firestone Complete Auto Care offers quality care and dependable customer service for people everywhere. 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. 494 / 12-22-1922 Marlboro Cotton Mills v. Golf Epuipment. %PDF-1.4 %���� Solution Business. <<458C7BE6D77FAC44A1CD225670C5E9F3>]/Prev 172723>> 2d at 320. Judith A. Brechner, Tallahassee, amicus curiae for Ralph D. Turlington. Discussing Weber in Floridians, this Court noted, "The narrow view would have compelled a finding that at least five `subjects' were embraced within the proposal. Original review: May 29, 2020. 2d at 823 (England, J., concurring). W. Wine Is Fine Inc. 2415 Firestone Blvd South Gate, CA 90280. 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. 2d 337 (Fla. 1978), we addressed the issue of whether certain initiative proposals met the *990 one-subject requirement as it is presently written. Mary Alice Firestone was married to Russell A. Firestone… ALDERMAN, C.J., and ADKINS and BOYD, JJ., concur. 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. 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. Proposition 13 limits the amount of any ad valorem tax to one percent of the full cash value of the property taxed. Robert E. Gibson, Tallahassee, amicus curiae. The language reads: This language is not part of the amendment and would not appear on the ballot. 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. 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. [1] Although we do not decide whether the proposed amendment violates the due process provision of the federal constitution, it appears in this instance that mandamus would not be appropriate since an evidentiary hearing would be necessary to properly resolve that issue. These include garbage collection, water, electricity, gas, and transportation services. An initiative proposal with multiple subjects, in which the public has had no representative interest in drafting, places voters with different views on the subjects contained in the proposal in the position of having to choose which subject they feel most strongly about. If the trial court awarded alimony while basing the divorce on a finding of adultery by the wife, Time cannot be faulted for reporting that fact. Id. 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. In his concurrence to Weber Justice England went further than the rest of the Court and discussed what, in his opinion, the 1972 amendment of article XI, section 3 meant. We find that the proposal includes at least three subjects, each of which affects a separate existing function of government. 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. 0000011858 00000 n If there is no corresponding decrease in other revenues, there is no means to adjust for increased demand for these services without a vote of the people. In Adams this Court expressed concern that the proposal neither identified the sections amended nor specified how they would be amended. See Lefcoe and Allison, The Legal Aspects of Proposition 13: The Amador Valley Case, 53 S.Cal.L.Rev. Accordingly, I concur in enjoining the initiative from the November ballot. “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. In my opinion, if we were to review the present initiative using the standard of review which we announced in Weber and Floridians, we could only hold that the initiative meets the provisions of article XI, section 3 and affirm the decision of the district court, Fine v. Firestone, 443 So. Reliance on the application of this principle of constitutional construction in these circumstances would grant to this Court broad discretionary authority in determining the effect of a proposed amendment or revision on the existing constitution. Tying increased funding of education to the casino gambling proposal was unarguably an attempt to enlist the support of those concerned with the quality of education in Florida for a measure inherently unrelated to education. Martin FINE, Petitioner, v. George FIRESTONE, Respondent. Firestone Complete Auto Care vs Meineke PissedConsumer.com strives to provide consumers with the right information to make informed purchasing decisions. 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The ethics in government amendment which we upheld in Weber would certainly fail the test, assuming, as I believe we can, that ethics in government is applicable to all branches and functions of government. It does mean that when the initiative petition is challenged the judiciary must examine these factors in order to carry out its constitutional duty. Principles five through ten, by contrast, are much more specific and result oriented. The petitioner argues that the limitations on the various types of tax revenue are separate subjects because such limitations affect different services and entities of government. (Emphasis added.) Score: 88 with 2,131 ratings and reviews. The footnote to this quote cites Weber v. Smathers, but ignores a specific holding of that case, i.e., that "the proposed amendment ... will not conflict with other articles and sections of the Constitution." As a second ground, the appellants claimed that the proposed amendment also violated article XI, section 3 because it would create inconsistencies and confusion within the constitution. In Weber v. Smathers, 338 So. Earl B. Hadlow and Robert J. Winicki of Mahoney, Hadlow & Adams, Jacksonville, amicus curiae for Southeastern Legal Foundation. Principles eight and nine are closely related. The Court concluded that. 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. The third distinct subject which we find in the Citizens' Choice proposal is the substantial effect it has on the constitutional scheme for the funding of capital improvements with revenue bonds. There is no question but that this proposal addresses at least three subjects which affect separate, distinct functions of the existing governmental structure of Florida, and substantially affects multiple sections and articles of our present constitution which are not in any way identified to the electorate. Under the prior constitutional provision, the initiative process was limited to the amendment of "any section" of the constitution. 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. These subjects clearly involve two separate and distinct functional operations of our government. Ronald A. Zumbrun, John H. Findley and Joseph E. Maloney, Sacramento, Cal., and James F. Pollack, Coral Gables, amicus curiae for Pacific Legal Foundation. 363 So. 2 days (must have been busier than it looked) later I got a call. The instant proposal points up the mischief which could be caused by such an interpretation the lack of specific amendments to specific sections and articles of the constitution would create chaos as to which parts of that document have or have not been affected and in what manner. 0000009656 00000 n Id. Justice Roberts counseled against hasty constitutional amendments and reminded the Court of its responsibility as judicial officers. Thus, on both counts, approval or disapproval of the composite *999 initiative does not disclose the views of the citizenry on any given component. The standard of review established in Weber and Floridians consisted of ten principles which I summarize as follows: While the first four principles are appropriate for appellate review of challenged initiatives, they do not furnish answers to the general question of how far the 1972 amendment enlarged the scope of permissible initiatives or the more specific question of what constitutes one subject under article XI, section 3. Initiative petitions should be strictly scrutinized to assure that they meet the limitation that "any revision or amendment shall embrace but one subject and matter directly connected therewith. Zero vibrations issues or odd wear issues. The court held that mandamus was an appropriate means for testing the constitutionality of the proposal, id. 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." 2d 824, 832 (Fla. 1970) (Thornal, J., concurring). 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. In sum, Weber and Floridians attempted to establish a standard of review for citizens' initiatives which facilitated the citizens' right to amend the constitution by initiative proposals. The court then certified the previously quoted questions. Askew v. Firestone, 421 So. That’s why, as of Sunday, March 22, Bridgestone Retail Operations will be shortening the hours of operation at all of our stores. *985 Irwin J. 2d at 822. Further, such language cannot circumvent this Court's responsibility to determine whether the proposed amendment may constitutionally be placed before the voters. By contrast, the present initiative is extremely broad and brings the entire camel into the tent. 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 his dissenting opinion, Justice Roberts took a more conservative view which placed greater responsibility on the courts. (Emphasis added.). v. bridgestone/firestone north american tire, llc., et al. )���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���� Citizens Proposition for Tax Relief v. Firestone, 386 So. We further found that the provisions were "sufficiently related to withstand an attack that they embrace more than one subject," id., and that the proposal would "not conflict with other articles and sections of the constitution." Prior to 1972 article XI, section 3, Florida Constitution, provided that the people could amend any section of the constitution by an initiative petition. 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. get credit report. Water based adhesives for polyester fabrics treatment. [2] The prior constitutional provision dealing with initiative proposals, article XI, section 3, of the 1968 Constitution provided, in part, "[t]he power to propose amendments to any section of this constitution by initiative is reserved to the people." However, without a load on the truck, the timbrens prevented the shock absorbers from engaging when needed and … ]������� �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]$0��Wǁ���&*&d�x ���EY�bN-��#���n�@(�6a���W�*[��;�]��� w����M��i�0&����x5d�����JV�i�Ttτ���A��vdož5�p�6τ`D=�� Q�΄��j�&��'�Zl� 6�d��T�Aۤrz�2ȷ�[@o�0�� In Floridians we also held that the question of whether an initiative proposal conflicted with other articles or sections of the constitution had "no place in assessing the legitimacy of an initiative proposal." 363 So. Weber, 338 So. 2d at 824. '��+����������dz � S�"��H�|Β�B�����H{'����!�F�͌�q��A���H܈3��.a�����$�.����DBy��ǪD|V� �8IȧO�B�IUJ!l�Y�7����}ծ������N>z��ܩ���]i��W�f���'��w�$Q�� �BzAC2�ׇ�MA�5���pPd���|{��wP�@?FLu�9��������wn ��5�nT� N�^�Y�x\B��2�����������b�HC����(�A��P�[�ciF���PJ�\��zS�u0`B�J7B�w���A�dǝ�gv�]w��2p"��R ����~U������ � �ş�wq����I����p`) j����4�i ��s��3YN�! 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. Rptr. Their search for a decent local ale finally led them to brew their own starting in 1996. H��WɎ�F��Ws� xڽ/�� v� ������(�ITDj���foER�a碃X�U�z��ׄ9�x`�[�X��^���%����w�P��b�Zb�\�!b�k����>|6�Rm�;]X"�Jb�BZF�����U\�xR��3N���ϻ��b|�����_��:���K8q&ݸ95�j�ϛ We find that mandamus is an appropriate remedy in this case. March 27, 1984. IMO they are quiet for a MT tire. The first question is whether an appellate court has jurisdiction to address the constitutionality of the Citizens' Choice proposal in this type of proceeding. The single-subject requirement in article XI, section 3, mandates that the electorate's attention be directed to a change regarding one specific subject of government to protect against multiple precipitous changes in our state constitution. I heartily concur with him. The instant proposed amendment's supporters claim that their proposal affects only a single subject, "revenues." Unfortunately, the sweeping language used in Floridians does not take into account a proposed amendment, such as here, which is simply too broad. detail. These bonds are to be payable primarily from all or any part of the revenues derived from the operation of such facilities. Ass'n/United. We have the same concerns in this cause. First, it limits how governments can tax, thereby affecting the general operation of state and local government. 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. 2d 984 (Fla. 1984), by the Citizens' Choice proponents, who did not know which constitutional provisions were amended by the proposal and left to this Court the responsibility of identifying and redrafting those provisions by judicial construction after the initiative proposal's adoption by the people. It limits the way in which governmental entities can tax; it limits what government can provide in services which are paid for by the users of such services; and it changes how governments can finance the construction of capital improvements with revenue bonds that are paid for from revenue generated by the improvements. It would be difficult to imagine a better illustration of logrolling than the initiative proposal approved in Floridians. Bicycle. [2] The introduction of the function of government test is dicta which, if followed, will carry us from the one extreme in Floridians of largely nullifying the one subject limitation to the opposite extreme of making the limitation practically insurmountable. V. VOLUBILIS FOOD INC. 407 BROOKSIDE RD WATERBURY, CT 06708. view profile. 0 So long as this Court continues to uphold the result in Floridians, it will stand for the proposition that logrolling may be tolerated in a citizens' initiative proposal to amend the constitution. 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. Firestone Destination AT: On the Road. 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. L. LIQUOR PASS 5871 FIRESTONE BLVD SOUTH GATE, CA 90280. view profile. 0000000016 00000 n The proposed amendment limits the amount of revenue which the state and its taxing units may receive. Though their relationship appeared fine at first, during the final months of their relationship, Facundo began to beat up Charlene ... convenience store on the corner of Firestone … They might also contrarily approve or disapprove of the methods for overriding the revenue limitations. 0000001365 00000 n Time's responsibility was to report accurately what the trial court did, not what it could or should have done. In Floridians we adopted and expanded the more liberal views expressed in the Weber concurrence. of Florida Supreme Court opinions. He sought, in the First District Court of Appeal, to have the amendment removed from the ballot by an extraordinary writ. The ballot language in the instant case fails to do that. 10–3675. The second distinct subject which we find in the Citizens' Choice proposal involves the restriction on the operation and expansion of all user-fee services. It was placed in the constitution by the people to allow the citizens, by initiative petition, to propose and vote on singular changes in the functions of our governmental structure. 2d 819 (Fla. 1976). 0000005544 00000 n It is a matter of public record that some governmental entities operate electrical plants (36), some operate gas utilities (24), and many more operate water, sewer, transportation, and garbage services. All of these services would be substantially affected by this proposal. Article XI of the Florida Constitution provides multiple ways to amend the constitution. The Citizens' Choice proposal would require a vote of the people for specific purposes and amounts in order to address such problems. USA. Furthermore, in holding today that the single-subject requirement of article XI, section 3 is to be strictly applied while seemingly continuing to approve Weber v. Smathers, the majority sends a garbled message to the public. He concluded that the authors of the initiative provision and its amendment intended the initiative to be the most restrictive and most difficult method of amending the constitution. I am running the Firestone MT2's. 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. 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). at 824. !��K����vș�jdf/ʂ��X�eVY��S��ٗ_�.f�+�c�1��j�\ﺶ�R����6����' � ��h�*),o�t�S5�A�o|]m�MSu)R�{P�1���k�ߌ�M���N�3ɒMG&}>4]�j�5�v[-4�4H�\~A�4P����~����0A�C�ͶN�g�{����V_ҳ,� �� vN�GyC%�kJf���@��p� Jim Smith, Atty. They are fine on road and great off road. The significance of the word "function" as used in Floridians was to point out that the one-subject limitation dealt with a logical and natural oneness of purpose, as opposed to the prior limitation on initiative proposals affecting multiple sections of the constitution. The Firestone Destination A/T tire is the all-terrain tire built for pickup truck, jeep and SUV drivers who want to go wherever the road leads them. In 2003, Firestone settled a class action lawsuit by agreeing to pay $15.5 million for consumer education focusing on tire safety and $19 million in legal fees and $2,500 each to 45 plaintiffs. 2d at 341 (footnote omitted). [3] We note that the Citizens' Choice proposal is not similar to Proposition 13, an amendment to the California Constitution. 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. These bonds are generally repaid from revenue generated by the capital improvement rather than from general tax revenue. To view these words broadly is to make them more imprecise and to frustrate *998 the necessity, if the limitation is to be implemented, of giving the words meaning.[1]. Counsel, Tallahassee, amicus curiae for Florida Educ. 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. Firestone Complete Auto Care offers quality care and dependable customer service for people everywhere. 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. 494 / 12-22-1922 Marlboro Cotton Mills v. Golf Epuipment. %PDF-1.4 %���� Solution Business. <<458C7BE6D77FAC44A1CD225670C5E9F3>]/Prev 172723>> 2d at 320. Judith A. Brechner, Tallahassee, amicus curiae for Ralph D. Turlington. Discussing Weber in Floridians, this Court noted, "The narrow view would have compelled a finding that at least five `subjects' were embraced within the proposal. Original review: May 29, 2020. 2d at 823 (England, J., concurring). W. Wine Is Fine Inc. 2415 Firestone Blvd South Gate, CA 90280. 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. 2d 337 (Fla. 1978), we addressed the issue of whether certain initiative proposals met the *990 one-subject requirement as it is presently written. Mary Alice Firestone was married to Russell A. Firestone… ALDERMAN, C.J., and ADKINS and BOYD, JJ., concur. 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. 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. Proposition 13 limits the amount of any ad valorem tax to one percent of the full cash value of the property taxed. Robert E. Gibson, Tallahassee, amicus curiae. The language reads: This language is not part of the amendment and would not appear on the ballot. 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. 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. [1] Although we do not decide whether the proposed amendment violates the due process provision of the federal constitution, it appears in this instance that mandamus would not be appropriate since an evidentiary hearing would be necessary to properly resolve that issue. These include garbage collection, water, electricity, gas, and transportation services. An initiative proposal with multiple subjects, in which the public has had no representative interest in drafting, places voters with different views on the subjects contained in the proposal in the position of having to choose which subject they feel most strongly about. If the trial court awarded alimony while basing the divorce on a finding of adultery by the wife, Time cannot be faulted for reporting that fact. Id. 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. In his concurrence to Weber Justice England went further than the rest of the Court and discussed what, in his opinion, the 1972 amendment of article XI, section 3 meant. We find that the proposal includes at least three subjects, each of which affects a separate existing function of government. 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. 0000011858 00000 n If there is no corresponding decrease in other revenues, there is no means to adjust for increased demand for these services without a vote of the people. In Adams this Court expressed concern that the proposal neither identified the sections amended nor specified how they would be amended. See Lefcoe and Allison, The Legal Aspects of Proposition 13: The Amador Valley Case, 53 S.Cal.L.Rev. Accordingly, I concur in enjoining the initiative from the November ballot. “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. In my opinion, if we were to review the present initiative using the standard of review which we announced in Weber and Floridians, we could only hold that the initiative meets the provisions of article XI, section 3 and affirm the decision of the district court, Fine v. Firestone, 443 So. Reliance on the application of this principle of constitutional construction in these circumstances would grant to this Court broad discretionary authority in determining the effect of a proposed amendment or revision on the existing constitution. Tying increased funding of education to the casino gambling proposal was unarguably an attempt to enlist the support of those concerned with the quality of education in Florida for a measure inherently unrelated to education. Martin FINE, Petitioner, v. George FIRESTONE, Respondent. Firestone Complete Auto Care vs Meineke PissedConsumer.com strives to provide consumers with the right information to make informed purchasing decisions. 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