09-0188 JEFFREY E. LEWIS, et al., v. LEON COUNTY, et al.

State: Florida

Court: Florida First District Court

Docket No: 09-0188

Case Date: 07/17/2009

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JEFFREY E. LEWIS, et al., Appellants, v. LEON COUNTY, et al., Appellees. _____________________________/ Opinion filed July 17, 2009. An appeal from the Circuit Court for Leon County. John C. Cooper, Judge. Bill McCollum, Attorney General, Jonathan A. Glogau, Special Counsel, Scott D. Makar, Solicitor General, Louis F. Hubener, Chief Deputy Solicitor General, Tallahassee, for Appellants. Robert L. Nabors, Harry F. Chiles, Carly J. Schrader and Bethany A. Burgess of Nabors, Giblin & Nickerson, P.A., Tallahassee; Edward A. Dion of Nabors, Giblin & Nickerson, P.A., Fort Lauderdale; Virginia Saunders Delegal, General Counsel, Florida Association of Counties, Inc., Tallahassee, for Appellees. Daniel D. Eckert, Deland, for Appellee County of Volusia. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D09-188

KAHN, J. In two actions that were consolidated below, appellees, twenty-six Florida counties ("counties"), filed suit seeking a declaratory judgment that Section 19,

Chapter 2007-62, Laws of Florida, is unconstitutional under both Article V, Section 14, and Article VII, Section 18(a), of the Florida Constitution. The trial court entered an order of final summary judgment in favor of the counties. Appellants now challenge the trial court's determination that Section 19 of Chapter 2007-62, Laws of Florida, is unconstitutional. For the reasons that follow, we affirm the trial court's determination on all grounds. BACKGROUND After adoption of Article V of the Florida Constitution in 1972, local government was the main source of funding for the state court system. City of Ft. Lauderdale v. Crowder, 983 So. 2d 37, 39 (Fla. 4th DCA 2008). In 1998, however, the citizens of Florida adopted Article V, Section 14, as part of Revision 7. The new provision changed responsibility for funding the state court system, shifting the majority of the burden from the counties to the state. Id. Certain important capital expenses remained the obligation of the counties as to "trial courts, public defenders' and state attorneys' offices . . . ." Art. V,

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