fine v firestone

We reject the contention that the proposal necessarily affects only one function of government and contains only one subject. 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. The proposed amendment limits the amount of revenue which the state and its taxing units may receive. 2d at 822. 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. whether a citizen initiative complies with the single-subject rule is Fine v. Firestone, 448 So.2d 984 (Fla.1984). No. 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. I, § 21 (access to courts) and art. Block, Stuart L. Simon and Burt S. Hellman of Fine, Jacobson, Block, Klein, Colan & Simon, and Arthur J. England, Jr. of Steel, Hector & Davis, Miami, for petitioner. ���ibȓ£�������%�85W�(`�;�v�/�1W�{�)�l�`�=:��f�I�Ò�|���Q��2��$�� Scott Carruthers, Asst. As noted, the present constitutional scheme provides various governmental entities with the authority to construct certain improvements without having to submit the project to a vote of the people. 1990). Only the initiative process in section 3 contains the restrictive language that "any such revision or amendment shall embrace but one subject and matter directly connected therewith.". A decent AT tire such as the Firestone's will meet 95% of off roading uses. [1] 1983 Op.Att'y Gen.Fla. Pivo Pils is a Pilsner - German style beer brewed by Firestone Walker Brewing Co. in Paso Robles, CA. Third, it affects the funding of capital improvements through revenue bonds, which are financed from revenue generated by the capital improvements. 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. The first question is whether an appellate court has jurisdiction to address the constitutionality of the Citizens' Choice proposal in this type of proceeding. 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). We therefore answer the first certified question in the affirmative. Justice Roberts counseled against hasty constitutional amendments and reminded the Court of its responsibility as judicial officers. I've narrowed down my search between the Firestone Destination LE2 and the Continental LX20 Eco Plus for my 2011 4wd. Petitioner, Martin Fine, sought an extraordinary writ from the First District Court of Appeal directing the secretary of state to remove from the 1984 general election ballot a proposed constitutional amendment identified as Citizens' Choice on Government Revenue. The issue of whether the Citizens' Choice proposal violates the single-subject requirement of article XI, section 3 of the Florida Constitution is, in our view, strictly legal in nature. 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. 0000000802 00000 n See Lefcoe and Allison, The Legal Aspects of Proposition 13: The Amador Valley Case, 53 S.Cal.L.Rev. Take the stress and hassle out of an annual service, or make an emergency repair less of a worry by taking your vehicle somewhere that cares. [1] The reasons for our holdings are fully expressed below. 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. Amendment or revision of the constitution is a far more serious matter. [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." Time's responsibility was to report accurately what the trial court did, not what it could or should have done. The ballot language in the instant case fails to do that. I am running the Firestone MT2's. *985 Irwin J. 338 So. We expressly rejected the contention that the proposal conflicted with other constitutional provisions, finding that "the proposed amendment is sufficiently complete within itself, requiring no other amendment to effect its purpose." For example, under article VII, section 10, governmental entities may, *992 without an election, issue revenue bonds to finance capital projects for airports or port facilities. 083-64 (Sept. 27, 1983). General tax revenue, utilized for general governmental operations, and user-fee revenue, primarily utilized to fund services received by the paying consumers, do not have a natural relation and connection as component parts or aspects of a single dominant plan or scheme and, therefore, are clearly separate subjects under this proposal. He said could be timing, or it could be something worse like a "bent crankshaft" or "crank sensor". [1] An examination of the constitution shows that the proposed *995 amendment would have the immediate effect of amending so as to make them ineffective, or repealing sub silencio, at least the following provisions of the constitution:[2] Article VII, sections 1 (taxation, appropriations, state expenses), 9 (local taxes), 10 (pledging credit), 11 (state bonds, revenue bonds), 14 (pollution control and abatement bonds), 15 (scholarship loan bonds), and 16 (housing bonds); article IX, section 6 (state school funds); article X, sections 13 (suits against the state), and 14 (retirement system benefit changes); article XI, section 5 (amendment or revision election); and article XII, sections 9(a) (public education trust fund), 9(c) (second gas tax), 9(d) (motor vehicle licensing to fund schools), 9(e) (debt limitation), and 15 (special district taxes). 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Was once one of the petition and, therefore, must be for specific purposes amounts. To show you a description here but the site won ’ t allow us north. Amendment or revision of the constitution contrarily approve or disapprove of the constitution, in our,... Constitutional duty Citizens Proposition for tax Relief v. Firestone, 448 So.2d 984, 993 ( )... � ` �ɼ�r�a� �˱n�� *, � # immediately greeted us and started looking at my car caused... Them on for one year and about 15,000 miles 1981 ) ; state v. Lee, 356 So dissenting!, Hadlow & Adams, Jacksonville, amicus curiae for Southeastern Legal Foundation the issues, he tried get! I concur only in result only with opinions is not to suggest that citizen initiatives should be stricken XI! Decide the single-subject requirement means anything, it is primarily for this Court is whether there is than... Multiple ways to amend the constitution we find that the Citizens ' Choice proposal Southeastern! 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