Advisory Opinion to the Attorney General re Water & Land Conservation
123 So. 3d 47
| Fla. | 2013Background
- Attorney General filed for an advisory opinion on validity of an initiative petition under Art. XI, §3 Florida Constitution.
- Court has jurisdiction under Art. IV, §10; Art. V, §3(b)(10), Fla. Const.
- Court concludes the amendment complies with single-subject, ballot title and summary, and financial impact statement.
- The amendment would add Art. X, §28, establishing a Land Acquisition Trust Fund funded by 33% of net documentary tax revenues for 20 years.
- Ballot title and summary state the fund dedication and purposes; financial impact statement addresses revenue and costs.
- The Solicitor also sought an opinion on the accompanying financial impact statement under §100.371, Fla. Stat. (2012).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the amendment satisfies the single-subject constraint. | Attorney General contends the amendment has a single dominant plan. | Water and Land Legacy argues no unrelated provisions exist. | Yes; single subject satisfied. |
| Whether the ballot title and summary fairly inform the chief purpose. | AG asserts title/summary accurately reflect the dedication to Land Acquisition Trust Fund. | Sponsor contends wording is clear and not misleading. | Yes; complies with §101.161(1). |
| Whether the financial impact statement complies with §100.371(5). | AG relies on statutory requirements for clarity and word limit. | Sponsor assumes statement is sufficient. | Yes; 75 words, clear and limited to revenues/costs. |
Key Cases Cited
- Fairness Initiative Requiring Legislative Determination that Sales Tax Exemptions & Exclusions Serve a Public Purpose, 880 So.2d 630 (Fla.2004) (single-subject analysis guidance for Ballot issues and public purpose)
- Advisory Op. to the Att’y Gen. re Funding for Criminal Justice, 639 So.2d 972 (Fla.1994) (treatment of a trust-fund approach under single-subject review)
- Advisory Op. re Everglades Sugar Production, 681 So.2d 1124 (Fla.1996) (summary of revenue-use limitation for dedicated funds)
- Advisory Op. re Right to Treatment and Rehabilitation for Non-Violent Drug Offenses, 818 So.2d 491 (Fla.2002) (ballot title/summary inform voters of chief purpose)
- Advisory Op. re Right of Citizens to Choose Health Care Providers, 705 So.2d 563 (Fla.1998) (importance of not misleading voters in title/summary)
- Advisory Op. re Fla. Growth Mgmt. Initiative Giving Citizens the Right to Decide Local Growth Mgmt. Plan Changes, 2 So.3d 118 (Fla.2008) (financial impact statement may be indefinite but not unclear)