THE FLORIDA SENATE, PETITIONER,
v.
THE HONORABLE D. ROBERT GRAHAM, GOVERNOR OF THE STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court held that the Governor lacks authority to limit a constitutionally mandated special legislative apportionment session to fewer than thirty consecutive days. The court ruled that the Governor's proclamation calling for only three days violated the Florida Constitution's requirement for a thirty-day session.
The Governor has no authority to limit the apportionment session to less than thirty consecutive days. The Governor's only discretion is to determine when the thirty-day period will commence within thirty days after the regular session adjourns. The Governor's March 25, 1982 proclamation calling for three days is invalid.
[1] A governor's proclamation reconvening the legislature for a special apportionment session must allow for the full thirty consecutive days mandated by the constitution.
[2] The governor's discretion in calling a special apportionment session is limited to determining the commencement date within thirty days after the regular session adjourns…
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Join FLexlaw to unlock all legal intelligence“Should that session adjourn without adopting such joint resolution, the governor by proclamation shall reconvene the legislature within thirty days in special apportionment session which shall not exceed thirty consecutive days, during which no other business shall be transacted, and it shall be the mandatory duty of the legislature to adopt a joint resolution of apportionment.”
The constitutional provision at issue establishing the Governor's duty and limitations regarding special apportionment sessions
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Join FLexlaw to unlock all legal intelligenceFollowing the regular legislative session's adjournment without adopting a joint resolution of apportionment, Governor Robert Graham issued a proclama…
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PER CURIAM.
We find this Court has jurisdiction to construe what authority the Governor has to limit a special apportionment session mandated under article III, section 16(a), Florida Constitution, which directs:
Should that session adjourn without adopting such joint resolution, the governor by proclamation shall reconvene the legislature within thirty days in special apportionment session which shall not exceed thirty consecutive days, during which no other business shall be transacted, and it shall be the mandatory duty of the legislature to adopt a joint resolution of apportionment.
We find the intent and purpose of the constitutional provision requires the Governor to reconvene the legislature in a special legislative apportionment session for a period of thirty days. We find that the Governor has no authority to limit the apportionment session to less than thirty consecutive days and his only discretion is to determine when the period will commence within thirty days after the regular session adjourns.
We conclude the call of the Governor made on March 25, 1982 for three days is contrary to this interpretation and is therefore invalid.
We assume that the Governor as the chief executive officer will perform his constitutional duty and proceed to call the legislature within thirty days from the adjournment of the regular legislative session as extended into a special apportionment session for thirty consecutive days in accordance with article III, section 16(a). We withhold the issuance of any formal process in full confidence that the Governor will perform his duty as required by the Constitution in accordance with this order. A full opinion will follow, 412 So. 2d 360.
It is so ordered.
SUNDBERG, C. J., and ADKINS, OVER-TON, ALDERMAN, McDONALD, and EHRLICH, JJ., concur. BOYD, J., dissents.
[*360] BOYD, Justice,
dissenting:
I respectfully disagree with the majority’s construction of the constitutional provision. Article III, Section 16(a) of the 1968 Constitution sets a maximum of thirty consecutive days for the special legislative apportionment session but does not fix a minimum number of days for such special session. I, therefore, feel the Governor had constitutional authority to call the session for a number of days less than the thirty consecutive days maximum. See: In re Advisory Opinion to the Governor, 206 So. 2d 212 (Fla., 1968), and Advisory Opinion to the Governor, 206 So. 2d 641 (Fla., 1968).
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Citator
Cited By
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The Fla. Senate v. The Honorable D. Robert Graham, 412 So. 2d 360 (Fla. 1982)…Governor has no authority to limit the apportionment session to less than thirty consecutive days and his only discretion is to determine when the period will commence within thirty days after the regular session adjourns.” Florida Senate v. Graham, 412 So. 2d 359 at 359 (Fla.1982). This opinion expresses the reasons for our holding. The constitutional provision in issue is article III, section 16(a), which provides: Section 16. Legislative apportionment.— (a) SENATORIAL AND REPRESENTATIVE DISTRICTS. The l…
Authorities Cited
- The Fla. Senate v. The Honorable D. Robert Graham, 412 So. 2d 360 (Fla. 1982)
- In re Advisory Opinion to the Governor, 206 So. 2d 212 (Fla. 1968)
- AETNA Cas. & Sur. Co. OF Hartford v. Bass, 206 So. 2d 212 (Fla. 1968)
- Advisory Opinion to the Governor, 206 So. 2d 641 (Fla. 1968)