SC10-1317 – Charlie Crist, Et Al. v. Robert M. Ervin, Et Al.

State: Florida

Docket No: SC10-1317

Case Date: 01/20/2011

Preview:Supreme Court of Florida
____________ No. SC10-1317 ____________ CHARLIE CRIST, et al., Appellants, vs. ROBERT M. ERVIN, et al., Appellees. ____________ No. SC10-1319 ____________ ALEX SINK, CHIEF FINANCIAL OFFICER, etc., Appellant, vs. ROBERT M. ERVIN, et al., Appellees. [November 4, 2010] REVISED OPINION POLSTON, J. Appellants (collectively referred to as the State) argue that the trial court erred by ruling that statutes directing portions of civil filing fees to the general

revenue fund are unconstitutional.1 We agree and reverse the trial court as explained below. I. BACKGROUND On June 3, 2010, the trial court granted summary judgment and declared unconstitutional sections of the Florida Statutes that direct portions of civil action filing fees to the general revenue fund. Specifically, the trial court ruled that provisions of sections 28.24(1)(a), 28.241(a)(2)(d), 28.241(2), 34.041(1)(b), and 28.2455, Florida Statutes (2009), are unconstitutional and void. The trial court concluded that, through these statutes, the Legislature has imposed an unconstitutional tax because litigants' filing fees are sent to the general revenue fund to be spent on unrelated government activities. The trial court stated that it is of no consequence that the Legislature appropriates to the courts an amount greater than the amount generated by the first $80.00 of the filing fees. The trial court explained that [t]he Legislature is simply taxing one group of citizens and spending the money on unrelated governmental activities, which is illegal and unconstitutional. Citing Flood v. State ex rel. Homeland Co., 117 So. 385 (Fla. 1928), and Farabee v. Board of Trustees, 254 So. 2d 1 (Fla. 1971), the 1. Appellants Governor Crist, et al., and Chief Financial Officer Sink appealed the judgment of the circuit court to the First District Court of Appeal, which certified to this Court that the judgment is of great public importance, affects the proper administration of justice throughout the State, and requires immediate resolution by this Court. We have jurisdiction. See art. V,

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