CopyCited 56 times | Published | Supreme Court of Florida | 1991 WL 268455
...General law provides that the attorney general shall seek an advisory opinion "regarding the compliance of the text of the proposed amendment or revision with s. 3, Art. XI of the State Constitution and the compliance of the proposed ballot title and substance with s.
101.161." §
16.061(1), Fla....
...*233 For the foregoing reasons, I would hold that the proposed ballot language violates the single-subject requirement and cannot be placed on the ballot in its present form. NOTES [1] We have jurisdiction pursuant to article IV, section 10, Florida Constitution, and section 16.061, Florida Statutes (1989). [2] Opponents argue that the proposed amendment unconstitutionally restricts First Amendment rights and that the limitation on the terms of federal legislators violates the Supremacy Clause of the United States Constitution. [3] Although section 16.061(1), Florida Statutes (1989), provides that the petition for an advisory opinion "may enumerate any specific factual issues which the Attorney General believes would require a judicial determination[]," the constitutional issues raised by the initiative's opponents are legal rather than factual issues....
CopyCited 48 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 18871, 1996 WL 400009
...pliance of the text of the
proposed amendment with the single subject requirement of Art. XI,
§ 3 of the state constitution and the compliance of the proposed
ballot title and substance with §
101.161. See Fla.Stat.Ann. §
16.061 (1995); see also Fla....
CopyCited 39 times | Published | Supreme Court of Florida | 1999 WL 685710
...The constitution and laws of this state require that every citizens' initiative petition be submitted to this Court for an opinion on its compliance with article XI, section 3 and section
101.161, Florida Statutes (1997). See art. IV, § 10, Fla. Const.; [3] §
16.061(1), Fla....
...to Ervin v. City of North Miami Beach,
66 So.2d 235, 236-37 (Fla.1953), Lee v. Dowda,
155 Fla. 68,
19 So.2d 570 (1944), and Collins v. Horten,
111 So.2d 746, 751 (Fla. 1st DCA 1959). However, none of these cases concern advisory opinions required by section
16.061, Florida Statutes (1997)....
...[3] Article IV, section 10 of the Florida Constitution provides: The attorney general shall, as directed by general law, request the opinion of the justices of the supreme court as to the validity of any initiative petition circulated pursuant to Section 3 of Article XI. [4] Section 16.061(1), Florida Statutes (1997), provides in pertinent part: The Attorney General shall, within 30 days after receipt of a proposed revision or amendment to the State Constitution by initiative petition from the Secretary of State, petitio...
CopyCited 39 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 665, 1992 Fla. LEXIS 1816, 1992 WL 311076
...We have original jurisdiction. Art. V, § 3(b)(8), Fla. Const. The facts regarding the proposed amendment at issue today are recited in this Court's earlier advisory opinion issued pursuant to article IV, section 10 of the Florida Constitution, and section 16.061, Florida Statutes (1991)....
CopyCited 29 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 505, 1998 Fla. LEXIS 1893, 1998 WL 682524
...this Court "[s]hall, when requested by the attorney general pursuant to the provisions of Section 10 of Article IV, render an advisory opinion of the justices, addressing issues as provided by general law." (Emphasis added.) Pursuant to general law, section 16.061(1), Florida Statutes (1997), requires that the Attorney General seek an advisory opinion "regarding the compliance of the text of the proposed amendment or revision with s....
CopyCited 27 times | Published | Supreme Court of Florida | 1994 WL 202534
...FACTS The Florida Attorney General has petitioned this Court for an advisory opinion on the validity of an initiative petition circulated pursuant to article XI, section 3, Florida Constitution, by a group known as Save Our Everglades Committee. See Art. IV, § 10, Fla. Const.; § 16.061, Fla....
CopyCited 24 times | Published | Supreme Court of Florida | 2002 WL 992066
...n taxes when there actually were such limitations for governmental entities in article VII, section 9, and inheritance and income taxes in article VII, section 5(b)). HARDING and LEWIS, JJ., concur. NOTES [1] See §
15.21, Fla. Stat. (2000). [2] See §
16.061(1), Fla....
CopyCited 15 times | Published | Supreme Court of Florida
...of State, and John Beranek, Kenneth R. Hart and J. Jeffry Wahlen, Macfarlane, Ausley, Ferguson & McMullen, Tallahassee, for The Tax Cap Committee, for respondent in No. 84089. OVERTON, Justice. In accordance with article V, section 3(b)(10), of the Florida Constitution, and section 16.061, Florida Statutes (1993), the Attorney General has petitioned this Court for an advisory opinion on the validity of four initiative petitions to amend the Florida Constitution....
CopyCited 13 times | Published | Supreme Court of Florida
...Attorney General and certified that the petition had obtained the signatures of voters as required by article XI, section 3 of the Florida Constitution. [6] In accordance with the provisions of article IV, section 10 of the Florida Constitution, and section 16.061, Florida Statutes (2005), the Attorney General petitioned this Court for an advisory opinion as to whether the text of the proposed amendment complies with the constitutional requirements of article XI, section 3, and whether the propo...
CopyCited 13 times | Published | Supreme Court of Florida | 1988 WL 9839
...petition this Court for an advisory opinion regarding the compliance of the text thereof with article XI, section 3 of the Florida Constitution and compliance of the proposed ballot title and substance with section
101.161, Florida Statutes (1987). §
16.061....
CopyCited 10 times | Published | Supreme Court of Florida | 1994 WL 60863
...Cooper, Gen. Counsel, FTP-NEA, Tallahassee, joins in the brief of amicus curiae for Florida Educ. Association/United. Anthony R. Martin, Palm Beach, Interested Party. McDONALD, Justice. In accordance with article IV, section 10 of the Florida Constitution and section 16.061, Florida Statutes (1993), the Attorney General has petitioned this Court for an advisory opinion on the validity of an initiative petition....
...petition. We decline to do so. We do not have jurisdiction to rule on the constitutionality of the proposed amendment when the case challenging the proposed amendment originates in this Court upon a petition of the Attorney General filed pursuant to section 16.061, Florida Statutes (1993)....
CopyCited 10 times | Published | Supreme Court of Florida | 2004 WL 1574226
...ho has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner. The Secretary of State submitted the amendment to the Attorney General, pursuant to section
15.21(2), Florida Statutes (2003). Pursuant to section
16.061(1), Florida Statutes (2003), the Attorney General petitioned this Court for an advisory opinion as to whether the text of the proposed amendment complies with the single-subject requirement of article XI, section 3, Florida Constitutio...
CopyCited 8 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 102, 2009 Fla. LEXIS 145, 2009 WL 217983
...Attorney General that the initiative petition met the registration, submission, and signature criteria set forth in section
15.21, Florida Statutes (2007). In accordance with the provisions of article IV, section 10 of the Florida Constitution, and section
16.061, Florida Statutes (2007), the Attorney General petitioned this Court for a written opinion as to whether the proposed amendment complies with the single-subject requirement of article XI, section 3 of the Florida Constitution and as to...
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 14908, 1988 WL 127640
...Upon receiving the petition, the Attorney General of Florida must petition the Florida Supreme Court for an advisory opinion on whether the amendment addresses only one subject matter, as required by the state constitution, and whether the amendment’s form and style meet specified requirements. Fla.Stat. § 16.061 (1987)....
CopyCited 7 times | Published | Supreme Court of Florida | 1997 WL 719476
...Barry Richard of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, Tallahassee, on Behalf of the Citizens for Budget Fairness, in opposition to the initiative petition. PER CURIAM. In accordance with article IV, section 10, Florida Constitution, and section 16.061, Florida Statutes (1995), the Attorney General has petitioned this Court for an advisory opinion on the validity of an initiative petition....
CopyCited 7 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 467, 2010 Fla. LEXIS 1452, 2010 WL 3398795
...Mortham,
742 So.2d 1276 (Fla.1999), that an “advisory”, opinion produces significant consequences: [T]he amici have suggested that advisory opinions from this Court have little precedential value and are only persuasive .... However, none of these cases concern advisory opinions required by section
16.061, Florida Statutes (1997) [governing initiative proposals]....
CopyCited 6 times | Published | Supreme Court of Florida
...Butterworth, Atty. Gen., State of Fla., Tallahassee, for petitioner. Jeffrey R. Garvin and Theodore L. Tripp, Jr., Garvin & Tripp, P.A., Fort Myers, for proponent. GRIMES, Justice. Pursuant to article IV, section 10 of the Florida Constitution and section 16.061, Florida Statutes (1989), the attorney general has asked this Court for an advisory opinion as to the validity of an initiative petition circulated by Save Our Homes, Inc....
CopyCited 3 times | Published | Supreme Court of Florida | 1988 WL 15102
...erendum. *286 PER CURIAM. The attorney general has petitioned this Court for an advisory opinion on the validity of an initiative petition amending article I, section 21 of the Florida Constitution. We have jurisdiction. Art. IV, § 10, Fla. Const.; § 16.061, Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 2002 WL 1025974
...to create a system of governance for the state university system. In turn, the Attorney General petitioned this Court for a written opinion as to the validity of the petition in accordance with article IV, section 10 of the Florida Constitution and section 16.061, Florida Statutes (2001)....
CopyCited 1 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 271, 1997 Fla. LEXIS 674
PER CURIAM. The Attorney General has requested this Court to review three initiative petitions to amend the Florida Constitution. See art. IV, § 10, Fla. Const.; § 16.061, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 546, 2000 Fla. LEXIS 1460
...ional amendments, filed initiative petitions with the Secretary of State. On October 26, 1999, the Secretary of State submitted the initiative petitions to the Attorney General pursuant to section
15.21, Florida Statutes (1999). 2 In compliance with section
16.061, Florida Statutes (1999), the Attorney General subsequently petitioned this Court for an advisory opinion regarding the validity of the proposed constitutional amendments....
...ted the proposed amendment to the Secretary of State, and obtained a letter from the Division of Elections stating that the sponsor has received verification that it has collected the requisite number of signatures. See §
15.21, Fla.Stat. (1999). . Section
16.061, Florida Statutes, provides, in pertinent part: The Attorney General shall, within 30 days after receipt of a proposed revision or amendment to the State Constitution by initiative petition from the Secretary of State, petition the Supreme Court, requesting an advisory opinion regarding the compliance of the text of the proposed amendment or revision with s. 3, Art. XI of the State Constitution and the compliance of the proposed ballot title and substance with s.
101.161. §
16.061, Fla.Stat....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 804, 2002 Fla. LEXIS 1949, 2002 WL 31207223
...ANSTEAD, C.J., and CANTERO, J., concur. . See art. V, § 3(b)(4), Fla. Const . See art. V, § 3(b)(3), Fla. Const. . See §
15.21, Fla. Stat. (2001) ("The Secretary of State shall immediately submit an initiative petition to the Attorney General .... ”); §
16.061, Fla....
CopyPublished | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 493, 1994 Fla. LEXIS 1492
OVERTON, Justice. In accordance with article V, section 3(b)(10), of the Florida Constitution, and section 16.061, Florida Statutes (1993), the Attorney General has petitioned this Court for an advisory opinion on the validity of four initiative petitions to amend the Florida Constitution....
CopyPublished | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 543, 1995 Fla. LEXIS 1747
WELLS, Justice. The Attorney General of Florida has requested this Court to review a proposed amendment to the Florida Constitution, as it is his duty to do. Art. IV, § 10, Fla. Const. § 16.061, Fla.Stat....
...ch this Court addressed in Advisory Opinion to the Attorney General re Stop Early Release of Prisoners,
642 So.2d 724 (Fla. 1994) (Stop Early Release I). A second interested party filed a brief requesting only that the Court address whether sections
16.061 and
101.161, Florida Statutes (1993), violate the Florida Constitution by imposing additional qualifications on self-executing provisions of organic law defining a valid initiative petition. No briefs were filed in opposition to the proposed amendment. . We do not address the interested party's claim that sections
16.061 and
101.161 are unconstitutional because we have original jurisdiction only to determine whether the proposed amendment complies with the single-subject rule and the ballot title and summary requirements....
...Cf Advisory Opinion to the Attorney General — Restricts Laws Related to Discrimination,
632 So.2d 1018 , 1019 n. 1 (Fla.1994) (declining to address constitutional challenges to proposed amendment because of Court’s limited jurisdiction in case filed pursuant to section
16.061); Advisory Opinion to the Attorney General — Limited Political Terms in Certain Elective Offices,
592 So.2d 225, 227 (Fla....
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 288, 2007 Fla. LEXIS 956, 2007 WL 1556636
...Id. Once the Secretary of State verifies that the threshold number of valid signatures has been reached, notice of the initiative is sent to the Attorney General, who then must request an advisory opinion from this Court. Art. IV, § 10, Fla. Const.; § 16.061, Fla....
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 285, 2007 Fla. LEXIS 960, 2007 WL 1556733
...Id. Once the Secretary of State verifies that the threshold number of valid signatures has been reached, notice of the initiative is sent to the Attorney General, who then must request an advisory opinion from this Court. Art. IV, § 10, Fla. Const.; § 16.061, Fla....
CopyPublished | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 173, 2006 Fla. LEXIS 484
...a Attorney General and certified that the petition had obtained the signatures of voters as required by article XI, section 3 of the Florida Constitution. 6 In accordance with the provisions of article IV, section 10 of the Florida Constitution, and section 16.061, Florida Statutes (2005), the Attorney General petitioned this Court for an advisory opinion as to whether the text of the proposed amendment complies with the constitutional requirements of article XI, section 3, and whether the propo...
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 164, 2005 Fla. LEXIS 491, 2005 WL 610430
...ever designated. Pursuant to section
15.21, Florida Statutes (2004), the Florida Secretary of State submitted the amendment to the Florida Attorney General. In accordance with the provisions of article IV, section 10 of the Florida Constitution, and section
16.061, Florida Statutes (2004), the Attorney General petitioned this Court for an advisory opinion as to whether the text of the proposed amendment complies with article XI, section 3, and whether the proposed ballot title and summary comply with section *765
101.161C1)....
CopyPublished | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 262, 1995 Fla. LEXIS 952, 1995 WL 337976
...election. The response also indicated that, although FLAG had not obtained enough signatures for placement on the ballot, it had obtained a sufficient number of signatures to entitle it to an advisory opinion from this Court under sections
15.21 and
16.061, Florida Statutes (1993), 2 and arti- *1261 ele IV, section 10, Florida Constitution....
...visors for verification, and the supervisors have verified, forms signed and dated equal to 10 percent of the number of electors statewide and in at least one-fourth of the congressional districts required by s. 3, Art. XI of the State Constitution. Section 16.061, Florida Statutes (1993), provides, in relevant part: (1) The Attorney General shall, within 30 days after receipt of a proposed revision or amendment to the State Constitution by initiative petition from the Secretary of State, petiti...
CopyPublished | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 344, 1993 Fla. LEXIS 1020, 1993 WL 209157
PER CURIAM. In compliance with section 16.061, Florida Statutes (1991), the Attorney General has petitioned this Court for an advisory opinion on the validity of an initiative petition providing for a limit on the use of nets for catching saltwater finfish, shellfish, or other marine animals....
CopyPublished | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 393, 2004 Fla. LEXIS 1006, 2004 WL 1574241
...mendment complies with the single-subject requirement of article XI, section 3, Florida Constitution, and whether the ballot title and summary comply with the requirements of section
101.161, Florida Statutes (2003). See Art. IV, § 10, Fla. Const.; §
16.061, Fla....
CopyPublished | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 410, 2004 Fla. LEXIS 1005, 2004 WL 1574248
...Exemptions and exclusions not reenacted or adopted by the Legislature are eliminated. The Florida Secretary of State submitted the amendment to the Florida Attorney General, pursuant to section
15.21, Florida Statutes (2003). In accordance with the provisions of article IV, section 10, Florida Constitution, and section
16.061, Florida Statutes (2003), the Attorney General has petitioned this Court for an advisory opinion as to whether the text of the proposed amendment complies with article XI, section 3, Florida Constitution, and whether the proposed ballot title and summary comply with section
101.161, Florida Statutes (2003)....
CopyPublished | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 387, 2004 Fla. LEXIS 1004, 2004 WL 1574232
...a holding and shall continue in full force and effect. To this end, the parts of this amendment are severable. The Secretary of State submitted the amendment to the Attorney General, pursuant to section
15.21(2), Florida Statutes (2003). Pursuant to section
16.061(1), Florida Statutes (2003), the Attorney General petitioned this Court for an advisory opinion as to whether the text of the proposed amendment complies with the single-subject requirement of article XI, section 3, Florida Constitutio...
CopyPublished | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 381, 1994 Fla. LEXIS 1028, 1994 WL 363979
GRIMES, Chief Justice. Pursuant to article IV, section 10 of the Florida Constitution, and section 16.061, Florida Statutes (1993), the Attorney General has petitioned this Court for an advisory opinion regarding the validity of an initiative petition....
CopyPublished | Supreme Court of Florida
...Once an initiative petition is circulated and meets certain technical requirements,
see §
15.21, Fla. Stat. (2019), the Attorney General is constitutionally and
statutorily required to seek this Court’s opinion on the validity of the petition. Art.
IV, § 10; §
16.061(1), Fla....
...3)(a), (c)2.
In the scheme the Legislature enacted for the preparation and publication of
financial impact statements, the Legislature expressly contemplated this Court’s
review of such statements. §
100.371(13)(c)3., (e)1., 2.; see also §
16.061(3)
(“Any fiscal impact statement that the court finds not to be in accordance with s.
100.371 shall be remanded solely to the Financial Impact Estimating Conference
for redrafting.” (emphasis added)).2 However, that contemplation does not, in
itself, give us jurisdiction....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 71, 2002 Fla. LEXIS 29, 2002 WL 58560
...g pregnancy. In turn, the Attorney General petitioned this Court for an advisory opinion relative to the validity of this initiative petition (hereinafter “proposed amendment”) according to article IV, section 10 of the Florida Constitution, and section 16.061, Florida Statutes (2001)....
CopyPublished | Supreme Court of Florida
...Disagreeing with these challenges, the Sponsor and three
additional interested parties filed briefs in support of the initiative.
II
Without regard to the merits or wisdom of the initiative, our
review is confined to three issues. See § 16.061, Fla....
...to Bar Gov’t from Treating
People Differently Based on Race in Pub. Educ.,
778 So. 2d 888, 891
(Fla. 2000)). And by statute, as recently amended, we are also to
advise “whether the proposed amendment is facially invalid under
the United States Constitution.” Ch. 2020-15, § 2, Laws of Fla.
(amending §
16.061(1), Fla....
...re Right to Treatment & Rehab.
for Non-Violent Drug Offenses,
818 So. 2d 491, 498 (Fla. 2002)).
Based on the reasoning above, we find that the summary is not
misleading and meets the statutory clarity standards.
C
A recent amendment to section
16.061 requires the Attorney
General’s request for an advisory opinion include the question
“whether the proposed amendment is facially invalid under the
United States Constitution.” One opponent argues that the
proposed amendment i...
...Substances Act and, under the Supremacy Clause, the proposal is
therefore facially invalid. Assuming that preemption is an
appropriate consideration for this Court in assessing facial validity, 7
7. As a threshold issue, no one has briefed whether section
16.061 uses the phrase “invalid under the United States
Constitution” to include any proposed amendment that would be
preempted by an act of Congress or if that phrase should instead be
interpreted to apply only if a proposed amendment is...
...concurs.
GROSSHANS, J., concurs with an opinion.
FRANCIS, J., dissents with an opinion.
SASSO, J., dissents with an opinion.
MUÑIZ, C.J., concurring.
I fully concur in the majority opinion, but I write briefly to
address the current version of section 16.061, Florida Statutes.
That law has long required the Attorney General to seek an advisory
opinion from this Court determining a proposed amendment’s
compliance with the single-subject and ballot clarity requirements.
As of 2020, section 16.061 also requires the Attorney General to
ask “whether the proposed amendment is facially invalid under the
United States Constitution.” Ch....
CopyPublished | Supreme Court of Florida
...revision with
s. 3, Art. XI of the State Constitution”; (2) “the compliance of the
proposed ballot title and substance with s.
101.161”; and (3)
“whether the proposed amendment is facially invalid under the
United States Constitution.” §
16.061(1), Fla....
...e
ballot because of a supposed ambiguity in the text of the
amendment. We decline to encroach on the prerogative to amend
their constitution that the people have reserved to themselves.
D. Facial Invalidity
In 2020, section
16.061(1), Florida Statutes, was amended to
direct the Attorney General that in addition to requesting an
advisory opinion regarding the compliance of a proposed
amendment and ballot language with article XI, section 3 and
section
101.161...
...lied.” Abdool v. Bondi,
141
So. 3d 529, 538 (Fla. 2014). The federal prohibition on partial-birth
abortion would by no means invalidate the proposed amendment in
all its applications.
6. As a threshold issue, no one has briefed whether section
16.061 uses the phrase “invalid under the United States
Constitution” to include any proposed amendment that would be
preempted by an act of Congress or if that phrase should instead be
interpreted to apply only if a proposed amendment is in conflict
with a substantive provision of the United States Constitution....
