Arrestable Offenses / Crimes under Fla. Stat. 100.371
S100.371 3 - ELECTION LAWS - RENUMBERED. SEE REC # 10792 - M: S
CopyCited 48 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 18871, 1996 WL 400009
...Procedure for Initiative Approval
Before an initiative petition may be circulated for
signatures, the proposal's sponsor must register as a political
committee and submit the petition form to the secretary of state
for approval. Fla.Stat.Ann. § 100.371(3) (West 1982)....
...The
secretary of state, through the Division of Elections, evaluates
the petition format but does not review the text of the proposed
amendment or its ballot summary and title to determine whether they
comply with the constitution's single subject requirement and §
101.161. Fla.Stat.Ann. §
100.371(3) (West 1982); Fla.Admin.Code
Ann....
...costs of checking each signature, verifies the signatures on the
petition forms and submits a certificate to the secretary of state
indicating the total number of signatures checked, the number
deemed valid, and the geographical distribution. Fla.Stat.Ann. §
100.371(4) (West Supp.1996), Fla.Stat.Ann....
...Mootness
Although the November 1994 election has passed, this case is
not moot. Biddulph's signed and verified petition forms are valid
in Florida for four years after the date the signatures were
affixed to the forms. Fla.Stat.Ann. § 100.371(2)....
CopyCited 39 times | Published | Court of Appeals for the Eleventh Circuit | 1992 U.S. App. LEXIS 24723
...§
97.021(14) 2 Section
99.097, titled "Verification of signatures on petitions," applies also to petitions submitted by independent and minor-party candidates for state office, see Fla.Stat. §§
99.0955 &
99.096, and petitions submitted by organizations seeking to place initiatives on the ballot. See Fla.Stat. §
100.371 3 As Fulani points out, however, this saving is diluted by the practical expenses associated with collecting the additional signatures 4 In a code section similar to section
99.097(4), candidates in major-party primaries who cannot afford...
CopyCited 13 times | Published | Supreme Court of Florida
...d ballot title and summary comply with the statutory requirements of section
101.161(1). The Attorney General also petitioned this Court for an advisory opinion as to whether the financial impact statement complies with the statutory requirements of section
100.371(6), Florida Statutes (2005)....
...1, Florida Statutes (2005). The sponsors voluntarily dismissed this Court's advisory review of a second petition, setting forth an implementation schedule for redistricting in 2007 should the voters approve the Independent Commission Initiative. [5] Section 100.371(3), Florida Statutes (2005), requires the sponsor of an initiative amendment to register as a political committee and submit the text of the proposed amendment to the Secretary of State for approval of the form....
...ressional districts of the state, and of the state as a whole, equal to eight percent of the votes cast in each of such districts respectively and in the state as a whole in the last preceding election in which presidential electors were chosen. [7] Section 100.371(6) requires the Financial Impact Estimating Conference to complete an analysis and financial impact statement of the estimated increase or decrease in any revenues or costs to state or local governments resulting from the proposed initiative....
CopyCited 12 times | Published | Supreme Court of Florida | 2006 WL 721779
...proposed ballot title and summary are within the requirements of section
101.161 of the Florida Statutes (2005). In addition, the Attorney General has requested that we review the corresponding Financial Impact Statement to evaluate compliance with section
100.371 of the Florida Statutes (2005)....
...for the provision of a statement to the public regarding the probable financial impact of any amendment proposed by initiative pursuant to section 3. Art. XI, § 5(c), Fla. Const. Pursuant to this constitutional section, the Legislature has enacted section 100.371(6), which provides in relevant part: (6)(a) ......
...and no redraft has been approved by the Supreme Court by 5 p.m. on the 75th day before the election, the following statement shall appear on the ballot pursuant to s.
101.161(1): "The financial impact of this measure, if any, cannot be reasonably determined at this time." §
100.371(6)(a)-(b), Fla....
...Although the FIS does not state with particularity any increase or decrease in revenues or costs to state or local government that the proposed amendment might have, it does make it clear that the financial impact "cannot be determined, but is expected to be minor." *1241 Subsection (6)(b)(4) of section 100.371 of the Florida Statutes states that if a FIS cannot be agreed upon by the Financial Impact Estimating Conference ("FIEC"), or if this Court has rejected an FIS and no redraft has been submitted, then the following language is to be place on the ballot: "The financial impact of this measure, if any, cannot be determined at this time." § 100.371(6)(b)(4), Fla....
...ng this required statement in Florida. Moreover, a review of the financial information statement accompanying the FIS, which is available to voters at each polling location, at the main office of the supervisor of elections, and on the internet, see § 100.371(6)(d)(4)-(5), Fla. Stat. (2005), reveals that the FIEC clearly complied with section 100.371 of the Florida Statutes in completing its analysis of the financial impact of the proposed amendment. The fact that the FIEC is unable to discern the actual financial impact does not render a proposed FIS in violation of applicable law when those laws in fact contemplate such a scenario. See § 100.371(6)(b)(4), Fla....
CopyCited 10 times | Published | Supreme Court of Florida
...Hauser of Thompson, Messer, Rhodes, Vickers & Hart, Tallahassee, for petitioners. *562 Jim Smith, Atty. Gen. and Gerald B. Curington, Asst. Atty. Gen., Tallahassee, for respondent. OVERTON, Justice. By an original proceeding in mandamus petitioners seek relief from the provisions of section 100.371, Florida Statutes (1979), and Rule 1C-7.091, Florida Administrative Code....
...e election, or on such other date as may be specified in the amendment or revision. [Emphasis added.] In 1979 the legislature established procedures for placing constitutional amendments on the ballot by initiative petition, through the enactment of section 100.371, Florida Statutes (1979), which provides: Initiatives; procedure for placement on ballot....
...ition effort. [Emphasis added.] This rule requires all initiative petitions to be "submitted" 122 days prior to the general election, and the department of state asserts that the rule was necessary to comply with the legislative mandate set forth in section 100.371, Florida Statutes (1979)....
...e process. We conclude that verification is an element of ballot integrity and a task which the legislature may require to be accomplished as a prerequisite to filing an initiative constitutional proposal with the secretary of state. In implementing section 100.371, Florida Statutes (1979), the department of state has determined by its rule 1C-7.091 that no initiative petition can be received subsequent to 122 days preceding the next general election....
...orderly ballot preparation, provided the date established is not unreasonable. So too does the legislature have a field of operation in prescribing reasonable procedures to implement the ballot process. The legislature has acted through enactment of section 100.371, Florida Statutes (1979). Pursuant to section 100.371(6), the Department of State had promulgated rule 1C-7.091, Florida Administrative Code....
CopyCited 9 times | Published | Supreme Court of Florida | 2015 WL 9258263
Financial Impact Statement is in compliance with section
100.371(5), Florida Statutes (2015). We therefore approve
CopyCited 8 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 102, 2009 Fla. LEXIS 145, 2009 WL 217983
...This property tax limit shall apply to all property taxes except property taxes approved by voters. Distribution of revenue from parcels that have reached the 1.35% limit shall be determined by general law. Does not amend Save Our Homes, the Homestead Exemption, or any other exemption. In accordance with the requirements of section 100.371, Florida Statutes (2007), the Financial Impact Estimating Conference transmitted its financial impact statement (FIS) with respect to the initiative to the Attorney General. The Attorney General also petitioned this Court for an advisory opinion as to whether the FIS complies with the requirements of article XI, section 5, subsection (b) of the Florida Constitution and section 100.371, Florida Statutes (2007)....
...Specifically, the FIS estimates that the amendment will reduce annual total school, county, municipal, and special district property tax revenues by at least $6 billion or 17% based on 2007 and 2008 tax rates. Therefore, the FIS is in accordance with section 100.371(5)....
...CONCLUSION For the reasons stated, we conclude that the proposed amendment is exempt from the single-subject requirement of article XI, section 3 of the Florida Constitution because it directly limits the power of government to raise revenue, and that the financial impact statement complies with section 100.371, Florida Statutes (2007)....
CopyCited 8 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 120, 2010 Fla. LEXIS 217, 2010 WL 546768
...PER CURIAM. This case is before the Court on appeal from the decision reported as Florida Hometown Democracy, Inc. v. Browning,
980 So.2d 547 (Fla. 1st DCA 2008), in which the First District Court of Appeal held that the signature-revocation provisions of section
100.371, Florida Statutes (2007), and associated implementing regulations (i.e., Florida Administrative Code Rules 1S-2.0091 and 1S-2.0095), are unconstitutional in violation of article XI, section 3 of the Florida Constitution, which delineates the citizen-initiative method of amending this foundational document....
...be accomplished through constitutional amendment. Along with our colleagues at the First District, we remain firmly committed to these well-established legal principles and, accordingly, we affirm the decision of the First District below. BACKGROUND Section 100.371, Florida Statutes (2007), and Its Implementing Regulations During its 2007 regular session, the Legislature adopted chapter 2007-30, Laws of Florida. In relevant part, the act's title provides that the legislation amended section 100.371, Florida Statutes, by "providing procedures for revocation of a signature on a petition form." Ch.2007-30, title, at 321-22, Laws of Fla. Effective August 1, 2007, section 25 of chapter 2007-30 amended subsection (1) of section 100.371, Florida Statutes, fashioned a new subsection (6), and amended and transferred the prior contents of subsection (6) to new subsection (7)....
...Despite the gloss presented by the act's title, these statutory changes did not merely "provide procedures"; rather, they "established" a substantive revocation concept that was previously foreign to Florida's constitutional petition-circulation process. § 100.371(1), Fla....
...The supervisor shall promptly record each valid and verified petition-revocation form in the statewide voter registration system in the manner prescribed by the Secretary of State. (7) The Department of State may adopt rules in accordance with s.
120.54[, Florida Statutes,] to carry out the provisions of subsections (1)-(6). §
100.371(1), (6)-(7), Fla. Stat. (2007) (emphasis supplied). Pursuant to the bounded rule-making authority conferred by sections
100.371(7) and
120.54, Florida Statutes (2007), the Department of State later promulgated two administrative rules to implement this newly minted concept of signature revocation....
...To wit, once they persuade an elector to revoke his or her signature for whatever reason the elector is forever prohibited from changing his or her mind to, instead, reestablish support for placement of the initiative proposal on the election ballot, see Fla. Admin. R. 1S-2.0091(2)(a)2., 1S-2.0095(12). Therefore, section 100.371 permits, and the administrative rules create, a framework for partisan-fueled counter-petition revocation campaigns, which seek to broadly persuade elector-signatories that they should revoke their prior signatures for any number of asserted reasons, even if illegitimate....
...initiative proposal, see art. XI, § 3, Fla. Const. (stating that an initiative sponsor must file "a petition containing a copy of the proposed revision or amendment . . . signed by [the requisite] number of electors" (emphasis supplied)), see also § 100.371(2), Fla....
...able the State to determine whether a signature is valid and whether an elector is duly qualified and registered, see art. XI, § 3, Fla. Const. (providing that an initiative petition must be "signed" by the requisite number of "electors"), see also § 100.371(3)(a)-(d), Fla....
...Const.; (5) to attain ballot placement, the gathered signatures must satisfy the signature numerosity and distribution requirements, see art. XI, § 3, Fla. Const.; (6) the Legislature must provide, by general law, for corresponding financial-impact statements, see art. XI, § 5(c), Fla. Const.; see also § 100.371(5), Fla....
...and (8) a uniform process must exist through which initiative sponsors submit initiative petitions to the State to confirm compliance with the explicit and implicit requirements of article XI, sections 3 and 5, see §
101.161(2), Fla. Stat. (2007); §
100.371, Fla....
...would fail to provide sufficient protection for the associated rights conferred by article I, sections 4 and 5 of the Florida Constitution. See Class Size,
827 So.2d at 962-64; Tax Relief,
386 So.2d at 566-67. The Signature-Revocation Provisions of Section
100.371, Florida Statutes (2007), and Its Implementing Regulations Fail to Satisfy These Standards Meanwhile, Secretary Browning contends that the prevention of signature fraud and forgery supports the Legislature's creation of this revocatio...
...forms, and render it practically impossible for initiative proponents to determine whether they have obtained the requisite number and distribution of verified signatures until it is too late to gather, submit, and verify additional signatures. See § 100.371(1), (6), Fla....
...dards, we must first ask whether these signature-revocation provisions are neutral, nondiscriminatory regulations of petition-circulation and voting procedure, which are explicitly or implicitly contemplated by article XI. We hold that they are not. Section 100.371(1), (6)-(7), Florida Statutes (2007), and Florida Administrative Rules 1S-2.0091 and 1S-2.0095 unmistakably create substantive provisions that were previously foreign to article XI [16] and advance an agenda that clearly favors revoca...
...ts have not been restored are promptly removed from the statewide voter registration system. Similarly, section
99.097, Florida Statutes (2007), provides for neutral verification of initiative-petition signatures by the supervisors of elections, and section
100.371(3)(a)-(d), which is not affected by our decision today, states that supervisors of elections may only verify a signed initiative-petition form if the form contains(a) the elector's original signature, (b) the date on which the elect...
...1st DCA 2008), because the district court correctly concluded that signature revocation is neither contemplated by the self-executing plain text of article XI, nor is it necessary to ensure ballot integrity and a valid election process. Accordingly, the signature-revocation provisions provided in section 100.371, Florida Statutes (2007), and Florida Administrative Code Rules 1S-2.0091 and 1S-2.0095 violate the Florida Constitution and are void and without effect....
...Neither Article XI, Section 3, *1076 Florida Constitution, nor any other provision of the State Constitution, provides for, or authorizes the Legislature to enact, a revocation process or authorize Defendants to adopt rules for a revocation process. 39. The statutory amendments Section 100.371, Florida Statutes, affected by Section 25 of Chapter 2007-30, Laws of Florida, and the emergency rules promulgated by the Defendant Department of State, Division of Elections, impede the constitutional right of initiative and are not authorized by Article XI, Section 3, Florida Constitution....
...r application to citizen initiative petitions. The Florida Legislature specifically provided the following revocation provisions at issue within an extensive act relating to elections: Section 25. Effective August 1, 2007, subsections (1) and (3) of section 100.371, Florida Statutes, are amended, present subsection (6) of that section is renumbered as subsection (7) and amended, and a new subsection (6) is added to that section, to read: 100.371 Initiatives; procedure for placement on ballot. (1) Constitutional amendments proposed by initiative shall be placed on the ballot for the general election, provided the initiative petition has been filed with the Secretary of State no later than February 1 of the year the general election is held....
...tory and in Advisory Opinion to the Attorney General re Fish & Wildlife Conservation Commission,
705 So.2d 1351, 1355 (Fla. 1998), struck a petition from appearing on the ballot because it lacked the statutorily prescribed ballot summary. Similarly, section
100.371(2), Florida Statutes (2007), contains several preconditions that are not expressly found in the Florida Constitution. [24] Furthermore, section
100.371(3), Florida Statutes (2007), prohibits the bundling of petitions together for the purposes of garnering signatures. Section
100.371(3) also mandates that the signature forms correspond to four statutorily prescribed requirements that are not expressly found in the Constitution. [25] Moreover, section
100.371(4), Florida Statutes (2007), requires petition signatures to be verified before they can be filed with the Secretary of State....
...First, the revocation provisions and the rules implementing them are identical to those for the petition gathering process. [28] Stated otherwise, the regulations on initiative opponents seeking revocations parallel the regulations on petition sponsors. Section 100.371(6)(b), Florida Statutes (2007), makes clear that the party seeking revocations must abide by the "same relevant requirements and timeframes as the corresponding petition form and processes." Prior to the enactment of the revocation provisions, petition sponsors were required to register as a political committee....
...(Emphasis supplied.) [2] "The supreme court ... [s]hall hear appeals from ... decisions of district courts of appeal declaring invalid a state statute or a provision of the state constitution." Art. V, § 3(b)(1), Fla. Const. [3] This mirrors the timeframe provided in section 100.371(6)(a), Florida Statutes (2007)....
..." (emphasis supplied)); Cobb,
58 So.2d at 174 ("The Constitution is the charter of our liberties. It cannot be changed, modified or amended by [governmental] fiat. It provides within itself the only method for its amendment."). Moreover, the only portions of section
100.371, Florida Statutes, that our decision holds unconstitutional are those involving signature revocation....
...filed with the Secretary of State upon the date the secretary determines that valid and verified petition forms have been signed by the constitutionally required number and distribution of electors under this code, subject to the right of revocation established in this section. " § 100.371(1), Fla....
...[24] The petition sponsor must register as a political committee; the petition sponsor must submit the text of the amendment to the Secretary of State with the form on which the signatures will be affixed; and the Secretary must approve the petition form. § 100.371(2), Fla. Stat. (2007). [25] Section 100.371(3) provides: The supervisor may verify that the signature on a form is valid only if: (a) The form contains the original signature of the purported elector....
...d authorized to sign a petition, and the regulations upheld in Krivanek ensure that the voter registration rolls accurately reflect those residing in the county. However, neither addresses fraud in the inducement or fraud in the actual signing. [28] Section
100.371(6)(b), Florida Statutes (2007), provides that "[t]he petition-revocation form and the manner in which signatures are obtained, submitted, and verified shall be subject to the same relevant requirements and timeframes as the corresponding petition form and processes." [29] Section
100.371(2), Florida Statutes (2007), provides that "[t]he sponsor of an initiative amendment shall, prior to obtaining any signatures, register as a political committee." [30] Section
100.371(3), Florida Statutes (2007), provides that "[e]ach signature shall be dated when made and shall be valid for a period of 4 years following such date." [31] This Court in Krivanek,
625 So.2d at 844-45, found it reasonable to deduct signatures from the total amount even after the petitions were submitted. [32] Section
100.371(3), Florida Statutes (2007), provides that "[e]ach signature shall be dated when made and shall be valid for a period of 4 years following such date."
CopyCited 7 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 966, 2008 Fla. LEXIS 2391, 2008 WL 5245678
...For the reasons explained below, we conclude that the proposed amendment complies with the single-subject requirement of article XI, section 3 of the Florida Constitution, that the ballot title and summary comply with section
101.161(1), Florida Statutes (2008), and that the financial impact statement complies with section
100.371, Florida Statutes (2008)....
...dment complies with the single-subject requirement of article XI, section 3 of the Florida Constitution, that the ballot title and summary comply with section
101.161(1), Florida Statutes (2008), and that the financial impact statement complies with section
100.371, Florida Statutes (2008)....
CopyCited 6 times | Published | Supreme Court of Florida
the financial impact statement complies with section
100.371, Florida Statutes (2012). Accordingly, we approve
CopyCited 6 times | Published | Supreme Court of Florida
...re Save Our Everglades,
636 So.2d 1336, 1341 (Fla.1994) (quoting Carroll v. Firestone,
497 So.2d 1204, 1206 (Fla.1986)). III. FINANCIAL IMPACT STATEMENT We also must consider whether the financial impact statements relating to each proposed amendment comport with section
100.371, Florida Statutes (2005)....
...nt to this section, for the provision of a statement to the public regarding the probable financial impact of any amendment proposed by initiative pursuant to section 3. (Emphasis added.) Pursuant to article XI, section 5(c), the Legislature amended section 100.371(6), Florida Statutes (2006), addressing the financial impact statement as follows: (6)(a) Within 45 days after receipt of a proposed revision or amendment to the State Constitution by initiative petition from the Secretary of State or...
...75 words in length, and immediately submit the statement to the Attorney General. Nothing in this subsection prohibits the Financial Impact Estimating Conference from setting forth a range of potential *480 impacts in the financial impact statement. § 100.371(6), Fla....
...However, we do not believe that this type of "omission" requires this Court to hold that the statement is invalid. Neither the constitution nor the statutes mandate that the Conference provide a financial range where the amount cannot be determined. Instead, section 100.371(6)(a) simply states that "the Financial *486 Impact Estimating Conference shall complete an analysis and financial impact statement to be placed on the ballot of the estimated increase or decrease in any revenues or costs to state or...
...ts to state or local governments"); In re Advisory Op. to the Att'y Gen. re Pub. Prot. from Repeated Medical Malpractice,
880 So.2d 686, 687 (Fla.2004) (rejecting the proposed financial impact statement because phrase "range of potential impacts" in section
100.371(6)(b)(3) must relate to the phrase "probable financial impact" set forth in the constitution and the proposed statement included potential impacts beyond monetary estimates); In re Advisory Op....
...the exemption. On September 1, 2005, the Attorney General petitioned this Court for a written opinion as to the validity of this initiative petition circulated pursuant to article XI, section 3, Florida Constitution. On October 6, 2005, pursuant to section 100.371(6)(a), Florida Statutes (2005), the Financial Impact Estimating Conference forwarded to the Attorney General a financial impact statement on the initiative petition. The Attorney General then filed a new petition, requesting this Court's opinion as to whether the financial impact statement as prepared is in accordance with section 100.371, Florida Statutes....
...complies with the requirements provided in the Florida Constitution and the statute. In this case, the proposed financial impact statement provides as follows: The amendment will not have an impact on state and local government revenues or expenses. Section 100.371(6), Florida Statutes (2005), simply requires that "the Financial Impact Estimating Conference shall complete an analysis and financial impact statement to be placed on the ballot of the estimated increase or decrease in any revenues o...
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...Appellants claimed the Slots Initiative petition did not satisfy the requirements of Article XI, section 3 of the Florida Constitution because paid petition gatherers committed fraud to obtain signatures, and the names and addresses of the paid petition gatherers were not included, in violation of section 100.371, Florida Statutes, as amended by Chapter 97-13, section 22, Laws of Florida....
CopyCited 3 times | Published | Supreme Court of Florida | 2008 WL 4346396
...Use Plans,
938 So.2d 501, 506 (Fla.2006) ( Land Use Plans I ). While this Court considered the validity of the petition, the Attorney General also requested that we review the corresponding financial impact statement to evaluate its compliance with section
100.371, Florida Statutes....
...ans II ); see also art. IV, § 10; art. V, § 3(b)(10), Fla. Const. On July 31, 2007, the Attorney General filed a revised financial impact statement with this Court and requested an opinion with regard to whether the revised statement complies with section 100.371, Florida Statutes (2007)....
...ure shall provide by general law, prior to the holding of an election pursuant to this section, for the provision of a statement to the public regarding the probable financial impact of any amendment proposed by the initiative pursuant to section 3. Section 100.371(5), Florida Statutes (2007), governs financial impact statements and provides: (5)(a) Within 45 days after receipt of a proposed revision or amendment to the State Constitution by initiative petition from the Secretary of State, the F...
...n at which the question of ratifying the amendment will be presented. The Financial Impact Estimating Conference shall prepare and adopt a revised financial impact statement no later than 5 p.m. on the 15th day after the date of the court's opinion. § 100.371(5), Fla....
...The Commission's assumption assumes that the proposed amendment will not have its intended effect. Because this sentence is misleading and does not inform the voter that the anticipated costs are contingent upon such factors, the Court finds that the second sentence in the financial impact statement does not comply with section 100.371(5), Florida Statutes. Id. at 214-15. After remand, the FIEC pursuant to section 100.371(5)(e)(1), Florida Statutes, prepared the revised statement that has been submitted for our review....
...There will be no direct impact on government revenues. We conclude that the financial impact statement as revised suffers from the same flaw which led us to hold that the impact statement in Land Use Plans II did not comply with the requirements of section 100.371....
...CONCLUSION The revised statement prepared by the FIEC is misleading because it inaccurately implies that the amendment will lead to an increase in costly special elections, contrary to the proposed amendment itself, and because it fails to articulate with any precision the estimated cost of the amendment. See § 100.371(5)(a), Fla....
...(2007) (a financial impact statement shall describe "the estimated increase or decrease in any revenues or costs to state or local governments resulting from the proposed initiative"). Therefore, we hold that the revised financial impact statement does not comply with section 100.371(5). In accordance with section 100.371(5)(e)(1), we remand the statement to the Financial Impact Estimating Conference to be redrafted....
..." (Emphasis supplied.) [2] My conclusion does not mean that a financial impact statement cannot be reviewed by a court of original jurisdiction. As I explained previously, "[i]t seems that a court of original jurisdiction may review the financial impact statement for compliance with section 100.371." Advisory Opinion to the Attorney Gen....
CopyCited 3 times | Published | Supreme Court of Florida | 2014 WL 289984
...elieves that the benefits
outweigh the health risks, is a reasonable one that is supported by accepted
principles of constitutional interpretation.
Finally, we conclude that the accompanying Financial Impact Statement is in
compliance with section 100.371(5), Florida Statutes (2013)....
...Association, and Save Our
Society from Drugs; and a pro se citizen (collectively, the “opponents”). No briefs
or comments were submitted to this Court in response to the proponent’s argument
that the Financial Impact Statement complies with section 100.371(5), Florida
Statutes.
II....
...In addition, for every
amendment proposed by initiative, the ballot shall include, following
the ballot summary, a separate financial impact statement concerning
the measure prepared by the Financial Impact Estimating Conference
in accordance with s. 100.371(5)....
...e by general law, prior to the
holding of an election pursuant to this section, for the provision of a statement to
the public regarding the probable financial impact of any amendment proposed by
initiative pursuant to [article XI,] section 3.” Section 100.371(5)(a), Florida
Statutes, provides that this Financial Impact Statement must address “the estimated
increase or decrease in any revenues or costs to state or local governments
resulting from the proposed initiative,” and section 100.371(5)(c)2., Florida
Statutes, requires the Financial Impact Statement to be “clear and unambiguous”
and “no more than 75 words in length.”
This Court has explained that its “review of financial impact statements is
narrow.” Water & Land Conservation, 123 So....
...ancial Impact
Estimating Conference could not determine the change in revenue because it could
not predict the extent to which medical marijuana would be exempt from taxation.
Accordingly, we hold that the Financial Impact Statement complies with section
100.371(5), Florida Statutes....
...CONCLUSION
Based on the foregoing, we conclude that the initiative petition and ballot
title and summary satisfy the legal requirements of article XI, section 3, of the
Florida Constitution, and section
101.161(1), Florida Statutes. In addition, the
Financial Impact Statement is in compliance with section
100.371(5), Florida
Statutes....
CopyCited 2 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 62, 2009 Fla. LEXIS 130, 2009 WL 196406
...slature shall provide by general law, prior to the holding of an election pursuant to this section, for the provision of a statement to the public regarding the probable financial impact of any amendment proposed by initiative pursuant to section 3. Section 100.371, Florida Statutes (2008), addresses financial impact statements and provides: (5)(a) Within 45 days after receipt of a proposed revision or amendment to the State Constitution by initiative petition from the Secretary of State, the Fi...
...The Financial Impact Estimating Conference shall prepare and adopt a revised financial impact statement no later than 5 p.m. on the 15th day after the date of the court's opinion. We have previously explained that when we review a financial impact statement for compliance with section 100.371, we address "whether the statement is clear, unambiguous, consists of no more than seventy-five words, and is limited to addressing the estimated increase or decrease in any revenues or costs to the state or local governments." Advisory Op....
...inancial impact statement is misleading. Our conclusion is supported by the applicable statutes. Section
101.161 requires that ballot titles and summaries "be printed in clear and unambiguous" language. §
101.161(1), Fla. Stat. (2008). Similarly, section
100.371 requires that the financial impact statement be "clear and unambiguous." §
100.371(5)(c)2., Fla....
...We have held that the "clear and unambiguous" language in section
101.161(1) requires us to consider whether ballot titles and summaries are misleading to the public. See Fla. Dep't of State v. Slough,
992 So.2d 142, 147 (Fla.2008). Accordingly, the use of the same language in section
100.371 mandates that we also consider whether the financial impact statement is misleading....
...impact statement that contains inaccurate or completely speculative predictions of potential financial impact to be placed on the ballot. Contrary to the assertion of the dissent, when we reject a financial impact statute *165 for noncompliance with section 100.371, we do not substitute our judgment for that of the Conference....
...Otherwise, the core purpose of financial impact statements (i.e., to inform voters so that an educated decision may be made with regard to a proposed amendment) would be completely defeated. We conclude that the financial impact statements for the proposed amendments do not comply with section 100.371, Florida Statutes (2008), and must therefore be rejected....
...at the Legislature will fail to adhere to the guidelines and fail to fulfill its constitutional duty. CONCLUSION For these reasons, we hold that the financial impact statements prepared by the Conference are fatally misleading and do not comply with section 100.371(5), Florida Statutes (2008)....
...Thus, in accordance with our constitutional duty to ensure that Florida voters receive a fair and accurate ballot, see Askew,
421 So.2d at 155, we are compelled to reject the statements as drafted. We remand the statements to the Financial Impact Estimating Conference for redrafting. See §
100.371(5)(e)(1), Fla....
...e majority does not agree with the conclusions of the Conference. See Advisory Op. to Att'y Gen. re Referenda Required for Adoption & Amendment of Local Gov't Comprehensive Land Use Plans,
992 So.2d 190, 194 (Fla.2008) (Wells, J., dissenting). Under section
100.371, this Court can review only whether the statement is clear, unambiguous, consists of no more than seventy-five words, and is limited to addressing the estimated increase or decrease in any revenues or costs to the state or local governments....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 14069
petition form to the Florida Division of Elections. §
100.371(2), Fla. Stat. (2016). The Division reviews the
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2006 WL 176942
...This is an appeal from a final summary judgment finding that Florida law does not mandate the invalidation of signature petition forms which do not include the name and address of the paid petition circulator. Because we agree with the trial court that the requirement of section 100.371, Florida Statutes (1997), regarding the names and addresses of paid petition circulators was repealed in 1999, we affirm....
...ate develop and operate a high-speed train. The appellant filed suit against the Secretary of State alleging that many of the petitions submitted on behalf of DEBT failed to contain the names and addresses of the petition circulators in violation of section 100.371, Florida Statutes (2003)....
...The appellant argues that section
106.191 renders these signature petitions invalid and the Secretary of State should not have counted them. The trial court granted summary judgment to the Secretary of State, agreeing with the Secretary that the requirement of section
100.371 that paid petition circulators include their names and addresses on signature petitions was repealed prior to the present controversy....
...ANALYSIS We accord due deference to an agency's interpretation of a statute it administers and will overturn that interpretation only if it is clearly erroneous. See Ocampo v. Dep't of Health,
806 So.2d 633 (Fla. 1st DCA 2002). The disputed statute in this case is section
100.371, Florida Statutes (2003). More precisely, the parties debate a specific requirement of section
100.371 whether paid petition gatherers are required to include their names and addresses on their petitions. In 1997, the Florida Legislature approved amendments to section
100.371. These amendments included the provision at issue in this case: Section 22. Section
100.371, Florida Statutes, is amended to read: ....
...dress of the paid circulator appear on the petition form prior to its submission to the supervisor for verification. Ch. 97-13, § 22, at 111-12, Laws of Fla. In the 1998 Supplement to the Florida Statutes, section 22 appears as subsection (2)(c) of section 100.371. In the 1999 version, however, the statute no longer contains the language requiring circulators to include their names and addresses with the petitions. See § 100.371, Fla....
...Stat. (1999). Apparently, the Division of Statutory Revision applied the session law proviso found in section 56 to the name and address requirement. See Ch. 97-13, § 56, at 136, Laws of Fla. (conditioning the effectiveness of the 1997 amendments to section 100.371 on subsequent voter approval in the 1998 general election); see also § 100.371 n....
...1998. See Kawasaki of Tampa v. Calvin,
348 So.2d 897, 899 (Fla. 1st DCA 1977). Accordingly, Florida law, in 1998, required paid signature gatherers to include their names and addresses on their petitions in order for the signatures to be valid. See §
100.371, Fla. Stat. *261 (Supp.1998). When the 1999 Florida Statutes were published without language regarding paid petition gatherers in section
100.371, the 1997 legislative amendment in question was effectively repealed pursuant to section
11.2422, Florida Statutes (1999) which provides: Every statute of a general and permanent nature enacted by the State or by the Territory of Flor...
...Section
11.2421 is part of Florida's continuing statutory revision process. In essence, if a statute is not included in the newest version of the Florida Statutes, it is deemed to have been repealed. Accordingly, when the Division of Statutory Revision dropped the disputed language of section
100.371 from the statute and placed it in a footnote, the name and address requirement was effectively repealed. Appellant argues that the provision requiring the name and address of petition circulators survives because of its presence in the footnote that accompanies section
100.371....
...tion 56 proviso to the name and address requirement. We conclude, however, that the repeal of the paid petition gatherer requirement cannot be said to be one of error or oversight on the part of the Legislature or the Division of Statutory Revision. Section 100.371 has been amended four times since the publication of the 1999 Florida Statutes....
...ude the name and address of the paid circulator. See, e.g., Holmes County Sch. Bd. v. Duffell,
651 So.2d 1176, 1179 (Fla.1995) ("The legislature is presumed to know existing law when it enacts a statute."). The Secretary of State's interpretation of section
100.371, Florida Statutes (2003), is the correct interpretation of the statute. Because the underlying language of section
100.371 regarding the names and addresses of paid petition circulators no longer has effect, the remedy sought by the appellant invalidation of the petitions counted by the Secretary of State under section
106.191, Florida Statutes (2003), is unavailable....
...Appellant argues that the underscored language renders invalid signature petitions lacking the names and addresses of paid circulators. We cannot, however, read section
106.191 in isolation. To give the appellant the relief it seeks, the disputed language of section
100.371 must be a provision of the act. Because section
100.371 bears no requirement that, to be valid, the petitions of paid signature gatherers must contain the names and addresses of the circulators, section
106.191 cannot be read to warrant the invalidation of such petitions....
CopyPublished | District Court of Appeal of Florida
petition form to the Florida Division of Elections. §
100.371(2), Fla. Stat. (2016). The Division reviews the
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
countywide uniform land regulation? 3. Whether section
100.371, Florida Statutes, is applicable to amendments
CopyPublished | Court of Appeals for the Eleventh Circuit | 1992 WL 227436
place initiatives on the ballot. See Fla.Stat. §
100.371. . As Fulani points out, however, this saving
CopyPublished | Supreme Court of Florida
...words in length, of the chief purpose of the measure.” §
101.161(1), Fla. Stat. The
ballot shall also include a separate Financial Impact Statement concerning the
measure prepared by the Financial Impact Estimating Conference according to the
requirements of section
100.371(5), Florida Statutes (2014). See §
101.161(1), Fla.
Stat.; §
100.371(5), Fla....
...with, and that the ballot summary
-2-
explaining the chief purpose of the measure is not clearly and conclusively
defective. We also conclude that the accompanying Financial Impact Statement
complies with section 100.371(5), Florida Statutes....
...State and local governments will
incur additional costs, which will likely be minimal and partially
offset by fees.
The sponsor submitted a brief supporting the validity of the financial impact
statement and its compliance with section 100.371(5), Florida Statutes. Florida
Power & Light Company, jointly with Duke Energy Florida, Gulf Power
Company, and Tampa Electric Company, also submitted a brief agreeing that the
financial impact statement complied with section 100.371(5), Florida Statutes....
...in any respect. For these reasons, the ballot title and summary are approved for
placement on the ballot. However, we must also determine if the Financial Impact
Statement meets the requirements of article XI, section 5(c), Florida Constitution,
and section 100.371(5)(a), Florida Statutes.
2....
...pursuant to this section, for the provision of a statement to the public regarding the
probable financial impact of any amendment proposed by initiative pursuant to
section 3” of article XI of the Constitution. The Legislature implemented this
mandate by enactment of section 100.371(5)(a), Florida Statutes, which requires
that within forty-five days after receipt by the Secretary of State of a proposed
amendment to the state constitution by initiative petition, “the Financial Impact
Estimating Conference shall complete an analysis and financial impact statement
to be placed on the ballot of the estimated increase or decrease in any revenues or
costs to state or local governments resulting from the proposed initiative.”
§ 100.371(5)(a), Fla. Stat. The Financial Impact Statement must be clear and
unambiguous, and no more than 75 words in length. § 100.371(5)(b)2., Fla....
...CONCLUSION
For the reasons set forth above, we conclude that the initiative petition and
ballot title and summary meet the legal requirements of article XI, section 3,
Florida Constitution, and section
101.161(1), Florida Statutes. Further, the
Financial Impact Statement complies with section
100.371(5), Florida Statutes.
Therefore, we approve the proposed amendment and Financial Impact Statement
for placement on the ballot.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, and PERRY,
JJ., concur....
CopyPublished | Supreme Court of Florida
Statement complies with the requirements of section
100.371(5),' Florida Statutes (2015). See §
101.161(1)
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
initiative petition remain valid. For example, section
100.371(2), Florida Statutes, governing petitions to
CopyPublished | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 173, 2006 Fla. LEXIS 484
complies with the statutory requirements of section
100.371(6), Florida Statutes (2005).7 In response to
CopyPublished | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 166, 2006 Fla. LEXIS 443, 2006 WL 644872
proposed by initiative pursuant to section 3.” Section
100.371(6), Florida Statutes (2005), sets out the procedure
CopyPublished | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 402, 2009 Fla. LEXIS 1014, 2009 WL 1954716
...existing plan, to a vote by referendum prior to adoption. While this Court considered the validity of the petition, the Attorney General also requested that we review the corresponding financial impact statement to evaluate whether it complied with section 100.371, Florida Statutes (2006)....
...to the Financial Impact Estimating Conference (FIEC) to be redrafted. See id. at 214-15. After the statement was revised, the Attorney General requested that we again review the revised financial impact statement to evaluate whether it complied with section 100.371, Florida Statutes (2007). For a second time, we rejected and remanded the statement to the FIEC, holding that this second statement "suffer[ed] from the same flaw which led us to hold that the impact statement in Land Use Plans II did not comply with the requirements of section 100.371." In re Advisory Op....
...190, 192 (Fla.2008) ( Land Use Plans III ). On October 14, 2008, the Attorney General filed the second revised financial impact statement with this Court and requested *226 an opinion with regard to whether the second revised statement complies with section 100.371, Florida Statutes (2008)....
...s. The impact on state government expenditures will be insignificant. The proponent of the amendment now asserts that the second revised financial impact statement is proper. For the reasons addressed below, we hold that this statement complies with section 100.371....
...Any financial impact statement that a court finds not to be in accordance with this section shall be remanded solely to the Financial Impact Estimating Conference for redrafting. The Financial Impact Estimating Conference shall redraft the financial impact statement within 15 days. § 100.371(5), Fla....
...is limited to address the estimated increase or decrease in any revenues or costs to the state or local governments," Land Use Plans II,
963 So.2d at 214, we find that the financial impact statement as currently drafted complies with the mandates of Section
100.371, Florida Statutes (2008)....
CopyPublished | Supreme Court of Florida
corresponding financial impact statement with section
100.371, Florida Statutes (2019). We invited briefing
CopyPublished | Supreme Court of Florida
...elieves that the benefits
outweigh the health risks, is a reasonable one that is supported by accepted
principles of constitutional interpretation.
Finally, we conclude that the accompanying Financial Impact Statement is in
compliance with section 100.371(5), Florida Statutes (2013)....
...Association, and Save Our
Society from Drugs; and a pro se citizen (collectively, the “opponents”). No briefs
or comments were submitted to this Court in response to the proponent’s argument
that the Financial Impact Statement complies with section 100.371(5), Florida
Statutes.
II....
...In addition, for every
amendment proposed by initiative, the ballot shall include, following
the ballot summary, a separate financial impact statement concerning
the measure prepared by the Financial Impact Estimating Conference
in accordance with s. 100.371(5)....
...e by general law, prior to the
holding of an election pursuant to this section, for the provision of a statement to
the public regarding the probable financial impact of any amendment proposed by
initiative pursuant to [article XI,] section 3.” Section 100.371(5)(a), Florida
Statutes, provides that this Financial Impact Statement must address “the estimated
increase or decrease in any revenues or costs to state or local governments
resulting from the proposed initiative,” and section 100.371(5)(c)2., Florida
Statutes, requires the Financial Impact Statement to be “clear and unambiguous”
and “no more than 75 words in length.”
This Court has explained that its “review of financial impact statements is
narrow.” Water & Land Conservation, 123 So....
...ancial Impact
Estimating Conference could not determine the change in revenue because it could
not predict the extent to which medical marijuana would be exempt from taxation.
Accordingly, we hold that the Financial Impact Statement complies with section
100.371(5), Florida Statutes....
...CONCLUSION
Based on the foregoing, we conclude that the initiative petition and ballot
title and summary satisfy the legal requirements of article XI, section 3, of the
Florida Constitution, and section
101.161(1), Florida Statutes. In addition, the
Financial Impact Statement is in compliance with section
100.371(5), Florida
Statutes....
CopyPublished | Supreme Court of Florida
...therefore complies with article XI, section 3. We also conclude that the ballot title
and summary comply with section
101.161(1), Florida Statutes (2015). Finally, we
conclude that the accompanying Financial Impact Statement is in compliance with
section
100.371(5), Florida Statutes (2015)....
...legislature shall provide by general law, prior to the holding of an election pursuant
to this section, for the provision of a statement to the public regarding the probable
financial impact of any amendment proposed by initiative pursuant to section 3.”
Additionally, section 100.371(5)(a), Florida Statutes (2015), provides that the
financial impact statement must address “the estimated increase or decrease in any
revenues or costs to state or local governments resulting from the proposed
initiative.” Section 100.371(5)(c)2, Florida Statutes (2015), requires the financial
impact statement to be “clear and unambiguous” and “no more than 75 words in
length.”
We have explained that our “review of financial impact statements is
narrow.” Adv....
...sed costs.
Additionally, the financial impact statement clearly and unambiguously explains
that the Financial Estimating Conference could not determine the change in
revenue. Accordingly, we hold that the financial impact statement complies with
section 100.371(5), Florida Statutes (2015)....
...the initiative petition and ballot
title and summary satisfy the legal requirements of article XI, section 3, of the
Florida Constitution, and section
101.161(1), Florida Statutes. In addition, the
Financial Impact Statement is in compliance with section
100.371(5), Florida
- 14 -
Statutes....
CopyPublished | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 669, 2009 Fla. LEXIS 2065, 2009 WL 4841065
...re Standards for Establishing Legislative Dist. Boundaries,
2 So.3d 175, 191 (Fla.2009). While this Court considered the validity of the petitions, the Attorney General also requested that the Court review the corresponding financial impact statements to evaluate their compliance with section
100.371, Florida Statutes (2008)....
...-current form did not satisfy the statutory requirements. See id. at 166. On February 18, 2009, the Attorney General filed revised financial impact statements with this Court and requested an opinion with regard to whether the statements comply with section 100.371, Florida Statutes (2008)....
...ure shall provide by general law, prior to the holding of an election pursuant to this section, for the provision of a statement to the public regarding the probable financial impact of any amendment proposed by the initiative pursuant to section 3. Section 100.371(5), Florida Statutes (2008), addresses financial impact statements and provides: (5)(a) Within 45 days after receipt of a proposed revision or amendment to the State Constitution by initiative petition from the Secretary of State, the...
...on the 15th day after the date of the court's opinion. In our opinion that rejected the original financial impact statements, we explained our duty with regard to the review of such statements: [W]hen we review a financial impact statement for compliance with section 100.371, we address "whether the statement is clear, unambiguous, consists of no more than seventy-five words, and is limited to addressing the estimated increase or decrease in any revenues or costs to the state or local governments." Advisory Op....
...inaccurate or completely speculative predictions of potential financial impact to be placed on the ballot. Legislative District Boundaries (FIS),
2 So.3d at 164. Application of Law We conclude that the current statements satisfy the requirements of section
100.371. The statements consist of thirty-four words each, which falls well within the seventy-five word limit mandated by the statute. See §
100.371(5)(c)2., Fla....
...re Repeal of High Speed Rail Amendment,
880 So.2d 624 (Fla.2004). Instead, the statements commence with the conclusion that the impact of the amendments cannot be precisely determined, a conclusion which is clearly permitted under the statute. See §
100.371(5)(c)3., Fla....
...nment revenues will increase. Id. at 485, 489. Thus, prior precedent compels a conclusion that the conditional phrase in the second sentence of the financial impact statements is not impermissible and does not render the statements noncompliant with section 100.371....
...politicized statements designed as an attempt to sway the voters of this state, as long as those statements are clear and unambiguous"). CONCLUSION Based upon prior precedent from this Court, we hold that the financial impact statements comply with section 100.371, Florida Statutes (2008), and may be placed on the ballot....
CopyPublished | Supreme Court of Florida
member from each chamber of the Legislature. §
100.371(13)(c)1., Fla. Stat. The financial impact
CopyPublished | Supreme Court of Florida
the financial impact statement complies with section
100.371, Florida Statutes (2016), BACKGROUND On May
CopyPublished | Supreme Court of Florida
constitutional amendment is in accordance with section
100.371, Florida Statutes (2016). The financial impact
