Judges: Robert A. Butterworth Attorney General
Filed Date: 7/16/1997
Status: Precedential
Modified Date: 7/5/2016
Mr. Edward J. Marko Broward County School Board Attorney K.C. Wright Administrative Building 600 Southeast Third Avenue 11th Floor Fort Lauderdale, Florida 33301
Dear Mr. Marko:
On behalf of the Broward County School Board, you ask the following question:
Is the Broward County School Board subject to Chapter 97-88, Laws of Florida, which requires certain school boards to hold a referendum on November 4, 1997?
In sum:
The Broward County School Board must conduct a referendum on November 4, 1997, in accordance with Chapter 97-88, Laws of Florida, on the question of whether to increase school board membership to nine with seven members elected from single member districts. Chapter 97-88, Laws of Florida.
You question the validity of Chapter 97-88, Laws of Florida. You suggest that the Legislature, by requiring the school board to hold a referendum without providing additional specific funding for the referendum, has exceeded its authority.1
The courts of this state have long recognized the inherent authority of the Legislature, as the people's representative reflecting the popular will, to enact any law not forbidden by organic law. The Legislature "looks to the Constitution for limitations on its power, and if not found to exist, its discretion reasonably exercised is the sole brake on the enactment of legislation."2 (e.s.) Thus, "[q]uestions of policy or of burdens in enacting laws, when no provision or principle of the constitution is thereby violated, are not subject to judicial review."3
You allege that school districts are constitutional entities created by Article
Recently, in Coalition for Adequacy and Fairness in SchoolFunding, Inc. v. Chiles,6 the Supreme Court of Florida acknowledged the "enormous discretion" of the Florida Legislature to determine what provision to make for an adequate and uniform system of free public schools. In Florida Department of Educationv. Glasser,7 the Court declined to more specifically define "a uniform system of free public schools," leaving it to the Legislature to give this phrase its meaning.
Thus, notwithstanding your uncertainty, the Legislature retains the authority to impose a legal duty on school boards, whether additional funds are provided or not.8
The nature of Florida's largest communities has changed significantly in recent years. Chapter 97-88, Laws of Florida, appears intended to keep pace with these changes by recognizing that in those very large counties, it is in the interests of public education to hold a referendum on the manner of election and the increase in membership of the school board.9 The school board, however, has no discretion in this matter and, therefore, must fulfill the legislative directive set forth in Chapter 97-88, Laws of Florida, without further delay.
Sincerely,
Robert A. Butterworth Attorney General
RAB/tjw