Courts Declaring Void the Action of the Legislature
In Greater Loretta Improvement Ass'n v. State ex rel. Boone, 234 So. 2d 665, 670 (Fla. 1970), the Court expressly stated:
When the Legislature has once construed the Constitution, for the courts then to place a different construction upon it means that they must declare void the action of the Legislature.
It is no small matter for one branch of the government to annul the formal exercise by another of power committed to the latter.
The courts should not and must not annul, as contrary to the Constitution, a statute passed by the Legislature, unless it can be said of the statute that it positively and certainly is opposed to the Constitution.
This is elementary.
In Capital City Country Club v. Tucker, 613 So. 2d 448, 452 (Fla. 1993), this Court stated:
"If it is reasonably possible to do so, we are obligated to interpret statutes in such a manner as to uphold their constitutionality."