Floridians for a Level Playing Field v. Floridians Against Expanded Gambling

Summary

The Supreme Court of Florida discharged its jurisdiction and dismissed review of a case involving a certified question concerning post-election challenges and alleged fraud in the constitutional initiative process. The court held that the certification lacked the required majority support and alternatively concluded that review was premature because the factual record regarding the alleged fraud had not been developed.

Holdings

1. Under article V, section 3(b)(4) of the Florida Constitution, a majority of the district court judges participating in the case must concur in the decision to certify a question of great public importance. A vote concurring only in the judgment does not count as concurrence in certification.
2. Even assuming jurisdiction existed, the Court would decline to exercise it because review was premature without a developed factual record establishing the allegations and pervasiveness of election fraud.

Questions Presented

1. Whether the Supreme Court of Florida had discretionary jurisdiction under article V, section 3(b)(4) of the Florida Constitution when the district court's decision to certify the questions was not supported by a majority of the participating judges.
2. Whether the Supreme Court should exercise jurisdiction to articulate an election-cure doctrine before the factual allegations concerning election fraud had been adjudicated.

Disposition

dismissed