Advisory Opinion to the Attorney General re Referenda Required for Adoption & Amendment of Local Government Comprehensive Land Use Plans

938 So. 2d 501 (Fla. 2006) · Supreme Court of Florida · June 22, 2006

Summary

The Florida Supreme Court reviewed a proposed constitutional amendment requiring referenda before local governments adopt or amend comprehensive land-use plans. The Court held that the amendment satisfied the single-subject requirement and that its ballot title and summary clearly stated the measure's chief purpose without misleading voters, approving placement on the ballot.

Holdings

  1. The proposed amendment complies with the single-subject requirement of article XI, section 3, of the Florida Constitution.
  2. The ballot title and summary comply with section 101.161(1), Florida Statutes, because they sufficiently explain the chief purpose of the proposed amendment and do not mislead voters.

Questions Presented

  1. Whether the proposed constitutional amendment violated the single-subject requirement of article XI, section 3, of the Florida Constitution.
  2. Whether the ballot title and summary complied with section 101.161(1), Florida Statutes, by clearly and unambiguously stating the amendment's chief purpose without misleading voters.

Disposition

approved

Cases Cited (6)

  • Advisory Op. to the Att'y Gen. re Referenda Required for Adoption & Amendment of Local Gov't Comprehensive Land Use Plans, 902 So. 2d 763 (Fla. 2005)(followed)
  • Advisory Op. to the Att'y Gen. re Repeal of High Speed Rail Amendment, 880 So. 2d 624 (Fla. 2004)(followed)
  • Advisory Op. to the Att'y Gen. re Florida's Amendment to Reduce Class Size, 816 So. 2d 580 (Fla. 2002)(followed)
  • In re Advisory Op. to the Att'y Gen.—Save Our Everglades, 636 So. 2d 1336 (Fla. 1994)(followed)
  • Florida Dep't of Transp. v. Juliano, 801 So. 2d 101 (Fla. 2001)(followed)
  • Advisory Op. to the Att'y Gen. re People's Property Rights Amendments, 699 So. 2d 1304 (Fla. 1997)(distinguished)

Cited In (0)

No citing cases on record yet.

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