context: Although section 456.072(6) contains no severability provision, we must determine whether the constitutionally invalid section, which purports to grant the Board the discretion to develop reapplication rules, is severable from the rest of the statute.
citation_a.signal: see also
citation_a.identifier: 742 So.2d 1276, 1280
citation_a.parenthetical: "Severability is a judicial doctrine recognizing the obligation of the judiciary to uphold the constitutionality of legislative enactments where it is possible to strike only the unconstitutional portions."
citation_a.sentence: See Dade County v. Keyes, 141 So.2d 819, 821 (Fla. 3d DCA 1962) (“When a portion of a statute or ordinance is declared invalid the remaining portions thereof which are severable ordinarily should be recognized as valid, and it is the duty of the court to preserve their validity whether or not a severability clause was included.”); see also Ray v. Mortham, 742 So.2d 1276, 1280 (Fla.1999) (“Severability is a judicial doctrine recognizing the obligation of the judiciary to uphold the constitutionality of legislative enactments where it is possible to strike only the unconstitutional portions.”).
citation_b.signal: see
citation_b.identifier: 141 So.2d 819, 821
citation_b.parenthetical: "When a portion of a statute or ordinance is declared invalid the remaining portions thereof which are severable ordinarily should be recognized as valid, and it is the duty of the court to preserve their validity whether or not a severability clause was included."
citation_b.sentence: See Dade County v. Keyes, 141 So.2d 819, 821 (Fla. 3d DCA 1962) (“When a portion of a statute or ordinance is declared invalid the remaining portions thereof which are severable ordinarily should be recognized as valid, and it is the duty of the court to preserve their validity whether or not a severability clause was included.”); see also Ray v. Mortham, 742 So.2d 1276, 1280 (Fla.1999) (“Severability is a judicial doctrine recognizing the obligation of the judiciary to uphold the constitutionality of legislative enactments where it is possible to strike only the unconstitutional portions.”).