Advisory Opinion to the Attorney General Re Standards for Establishing Legislative District Boundaries

2 So. 3d 161, 34 Fla. L. Weekly Supp. 62, 2009 Fla. LEXIS 130, 2009 WL 196406
CourtSupreme Court of Florida
DecidedJanuary 29, 2009
DocketSC08-1163, SC08-1165
StatusPublished
Cited by5 cases

This text of 2 So. 3d 161 (Advisory Opinion to the Attorney General Re Standards for Establishing Legislative District Boundaries) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Advisory Opinion to the Attorney General Re Standards for Establishing Legislative District Boundaries, 2 So. 3d 161, 34 Fla. L. Weekly Supp. 62, 2009 Fla. LEXIS 130, 2009 WL 196406 (Fla. 2009).

Opinions

LEWIS, J.

The Attorney General of Florida has requested an opinion from this Court with regard to the validity of the Financial Impact Statements prepared by the Financial Impact Estimating Conference for two proposed amendments to the Florida Constitution submitted by FairDistrictsFlori-da.org, a political committee.1 We have jurisdiction. See art. IV, § 10, art. V, § 3(b)(10), Fla. Const.

The purpose of the proposed amendments is to establish additional guidelines for the Legislature to apply when it redistricts legislative and congressional boundaries.2 The financial impact statements for the proposals are identical:

[163]*163The amendment’s fiscal impact cannot be determined precisely. State government will probably incur increased costs (millions of dollars), including attorney and expert witness fees, due to expected additional litigation regarding the application and interpretation of the amendment standards as they relate to proposed redistricting plans. Also, state courts will likely incur additional costs to preside over hearings and render rulings. There is no expected impact to local government expenditures or government revenues.

ANALYSIS

Article XI, section 5 of the Florida Constitution, which addresses financial impact statements, provides in relevant part:

(c) The 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.

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 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. The Financial Impact Estimating Conference shall submit the financial impact statement to the [164]*164Attorney General and Secretary of State.
[[Image here]]
(c) ... 2. Principals of the Financial Impact Estimating Conference shall reach a consensus or majority concurrence on a clear and unambiguous financial impact statement, no more than 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 impacts in the financial impact statement. ...
(e)l. Any financial impact statement that the Supreme Court finds not to be in accordance with this subsection shall be remanded solely to the Financial Impact Estimating Conference for redrafting, provided the court’s advisory opinion is rendered at least 75 days before the election 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.

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. to Att’y Gen. re: Funding of Embryonic Stem Cell Research, 959 So.2d 195, 202 (Fla.2007). Because the financial impact statement will be printed on the ballot, the same due process concerns that inure to the title and summary of a proposed amendment are also applicable to the financial impact statement. See Askew v. Firestone, 421 So.2d 151, 155 (Fla.1982) (“[T]he voter should not be misled.... What the law requires is that the ballot be fair and advise the voter sufficiently to enable him intelligently to cast his ballot.” (alteration in original) (quoting Hill v. Milander, 72 So.2d 796, 798 (Fla.1954))). Accordingly, we have an obligation to review the ballot as a whole to ensure that no part of the ballot — which includes the financial 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. Stat. (2008). 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. See generally State v. Hearns, 961 So.2d 211, 217 (Fla.2007) (“[Wjhere the Legislature uses the exact same words or phrases in two different statutes, we may assume it intended the same meaning to apply.”). The rationale behind such a review is both clear and logical. It would make little sense to require that a proposed amendment title and summary not be misleading to voters, but then allow a financial 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]*165for noncompliance with section 100.371, we do not substitute our judgment for that of the Conference. Rather, we are merely fulfilling our statutory duty to ensure that certain minimal requirements are met before a financial impact statement may be placed on the ballot and submitted to voters. The review is compelled by law so that financial impact statements do not devolve into a tool used to manipulate the public based solely upon whether the entity empowered and entrusted with preparing the statements favors or disfavors a proposal. Scare tactics and vague, unsupported predictions of financial disaster have no place in this constitutional-amendment process, and any predictions of financial impact must be grounded in fact, not partisan ideology. 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. It is undisputed that the Legislature currently has a duty to draw legislative and congressional districts every ten years. See art. Ill, § 16(a), Fla. Const.; §§ 8.0001-8.0002, Fla. Stat. (2003). The current amendments do not change this legislative duty, but only implement additional guidelines that the Legislature must follow when conducting reapportionment.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
2 So. 3d 161, 34 Fla. L. Weekly Supp. 62, 2009 Fla. LEXIS 130, 2009 WL 196406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/advisory-opinion-to-the-attorney-general-re-standards-for-establishing-fla-2009.