ADVISORY OPINION TO THE ATTORNEY GENERAL RE: VOTER CONTROL OF GAMBLING in Florida. Advisory Opinion to the Attorney General Re: Voter Control of Gambling in Florida (FIS)

215 So. 3d 1209
CourtSupreme Court of Florida
DecidedApril 20, 2017
DocketSC16-778; SC16-871
StatusPublished
Cited by8 cases

This text of 215 So. 3d 1209 (ADVISORY OPINION TO THE ATTORNEY GENERAL RE: VOTER CONTROL OF GAMBLING in Florida. Advisory Opinion to the Attorney General Re: Voter Control of Gambling in Florida (FIS)) 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: VOTER CONTROL OF GAMBLING in Florida. Advisory Opinion to the Attorney General Re: Voter Control of Gambling in Florida (FIS), 215 So. 3d 1209 (Fla. 2017).

Opinions

[1212]*1212PER CURIAM.

The Attorney General of Florida has requested this Court’s opinion as to the validity of an initiative petition circulated pursuant to article XI, section 3, of the Florida Constitution. We have jurisdiction. See art. IV, § 10, art. V, § 3(b)(10), Fla. Const.

“Our review of the proposed amendment is confined to two issues: (1) whether the proposed amendment itself satisfies the single-subject requirement of article XI, section 3, of the Florida Constitution; and (2) whether the ballot title and summary satisfy the requirements of section 101.161(1), Florida Statutes (201[6]).” Advisory Op. to Att’y Gen. re Use of Marijuana for Certain Med. Conditions, 132 So.3d 786, 791 (Fla. 2014).

The proposed initiative petition in this case, Voter Control of Gambling in Florida (“the Initiative”), would require “casino gambling,” as defined by the proposal, to be authorized only through the citizens’ initiative process. We approve the Initiative for placement on the ballot, concluding that it complies with the single-subject requirement of article XI, section 3, of the Florida Constitution; the title and summary of the Initiative do not affirmatively mislead voters; and the financial impact statement complies with section 100.371, Florida Statutes (2016),

BACKGROUND

On May 6, 2016, the Attorney General petitioned this Court for an opinion as to the validity of an initiative petition sponsored by Voters in Charge and circulated pursuant to article XI, section 3, of the Florida Constitution. The sponsor submitted a brief supporting the Initiative, while two groups associated with the gaming industry submitted briefs in opposition. The amendment would add the following new section 29 to article X, of the Florida Constitution:

ARTICLE X, FLORIDA CONSTITUTION, is amended to include the following new section:
Voter Control of Gambling in Florida.
(a) This amendment ensures that Florida voters shall have the exclusive right to decide whether to authorize casino gambling in the State of Florida. This amendment requires a vote by citizens’ initiative pursuant to Article XI, section 3, in order for casino gambling to be authorized under Florida law. This section amends this Article; and also affects Article XI, by making citizens’ initiatives the exclusive method of authorizing casino gambling.
(b) As used in this section, “casino gambling” means any of the types of games typically found in casinos and that are within the definition of Class III gaming in the Federal Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq. (“IGRA”), and in 25 C.F.R. § 502.4, upon adoption of this amendment, and any that are added to such definition of Class III gaming in the future. This includes, but is not limited to, any house banking game, including but not limited to card games such as baccarat, chemin de fer, blackjack (21), and pai gow (if played as house banking games); any player-banked game that simulates a house banking game, such as California black jack; casino games such as roulette, craps, and keno; any slot machines as defined in 15 U.S.C. [§ ] 1171(a)(1); and any other game not authorized by Article X, section 15, whether or not defined as a slot machine, in which outcomes are determined by random number generator or are similarly assigned randomly, such as instant or historical racing. As used herein, “casino gambling” includes any electronic gam[1213]*1213bling devices, simulated gambling devices, video lottery devices, internet sweepstakes devices, and any other form of electronic or electromechanical facsimiles of any game of chance, slot machine, or casino-style game, regardless of how such devices are defined under IGRA. As used herein, “casino gambling” does not include pari-mutual wagering on horse racing, dog racing, or jai alai exhibitions. For purposes of this section, “gambling” and “gaming” are synonymous.
(c) Nothing herein shall be deemed to limit the right of the Legislature to exercise its authority through general law to restrict, regulate, or tax any gaming or gambling activities. In addition, nothing herein shall be construed to limit the ability of the state or Native American tribes to negotiate gaming compacts pursuant to the Federal Indian Gaming Regulatory Act for the conduct of casino gambling on tribal lands, or to affect any existing gambling on tribal lands pursuant to compacts executed by the state and Native American tribes pursuant to IGRA.
(d) This section is effective upon approval by the voters, is self-executing, and no Legislative implementation is required.
(e) If any part of this section is held invalid for any reason, the remaining portion or portions shall be severed from the invalid portion and given the fullest possible force and effect.

The ballot title for the proposed amendment is “Voter Control of Gambling in Florida.” The ballot summary states:

This amendment ensures that Florida voters shall have the exclusive right to decide whether to authorize casino gambling by requiring that in order for casino gambling to be authorized under Florida law, it must be approved by Florida voters pursuant to Article XI, Section 3 of the Florida Constitution. Affects articles X and XI. Defines casino gambling and clarifies that this amendment does not conflict with federal law regarding state/tribal compacts.

On May 19, 2016, the Financial Impact Estimating Conference forwarded to the Attorney General the following financial impact statement regarding the Initiative:

The amendment’s impact on state and local government revenues and costs, if any, cannot be determined at this time because of its unknown effect on gambling operations that have not been approved by voters through a constitutional amendment proposed by a citizens’ initiative petition process.

STANDARD OF REVIEW

“This Court has traditionally applied a deferential standard of review to the validity of a citizen initiative petition and ‘has been reluctant to interfere’ with ‘the right of self-determination for ah Florida’s citizens’ to formulate ‘their own organic law.’ ” Advisory Op. re Use of Marijuana, 132 So.3d at 794 (quoting Advisory Op. to Att’y Gen. re Right to Treatment & Rehab. for Non-Violent Drug Offenses, 818 So.2d 491, 494 (Fla. 2002)). Indeed, this Court’s “duty is to uphold the proposal unless it can be shown to be ‘clearly and conclusively defective.’” Id. at 795 (quoting Advisory Op. to Att’y Gen. re Fla.’s Amend. to Reduce Class Size, 816 So.2d 580, 582 (Fla. 2002)).

“When determining the validity of an amendment arising through the citizen initiative process, our inquiry is limited to two legal issues: (1) whether the proposed amendment violates the single-subject requirement of article XI, section 3, of the Florida Constitution; and (2) whether the ballot title and summary violate the re[1214]*1214quirements of section 101.161(1), Florida Statutes.” Id. (citing Advisory Op. re Right to Treatment & Rehab., 818 So.2d at 494). We do not address the merits of the proposed initiative. Id. (citing Advisory Op. re Right to Treatment &

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
215 So. 3d 1209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/advisory-opinion-to-the-attorney-general-re-voter-control-of-gambling-in-fla-2017.