Florida Hometown Democracy, Inc. v. Cobb

953 So. 2d 666, 2007 WL 935084
CourtDistrict Court of Appeal of Florida
DecidedMarch 30, 2007
Docket1D06-5059
StatusPublished
Cited by2 cases

This text of 953 So. 2d 666 (Florida Hometown Democracy, Inc. v. Cobb) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Florida Hometown Democracy, Inc. v. Cobb, 953 So. 2d 666, 2007 WL 935084 (Fla. Ct. App. 2007).

Opinion

953 So.2d 666 (2007)

FLORIDA HOMETOWN DEMOCRACY, INC. and Lesley Gay Blackner, Appellants,
v.
Sue M. COBB, in her official capacity as Florida Secretary of State, Appellee.

No. 1D06-5059.

District Court of Appeal of Florida, First District.

March 30, 2007.

*668 Ross Stafford Burnaman, Tallahassee, for Appellants.

Bill McCollum, Attorney General, Jonathan A. Glogau, Chief, Complex Litigation, and Mark Dunn, Assistant Attorney General, Tallahassee, for Appellee.

WOLF, J.

On October 26, 2004, appellants, Florida Hometown Democracy, Inc. and Lesley Gay Blackner, filed an action for declaratory and injunctive relief against appellee, Glenda L. Hood, in her official capacity as Florida's Secretary of State.[1] This suit challenged the constitutionality of a legislatively proposed revision to the Florida Constitution known as Senate Joint Resolution (SJR) 2394. SJR 2394 proposed placing time limitations on amendments to the constitution proposed by citizen's initiatives. The trial court granted a final summary judgment in favor of appellees.

Appellants raise three issues on appeal: (1) whether the trial court erred in granting appellee's motion for summary judgment based on its finding that SJR 2394's ballot language met the minimum requirements set out in section 101.161(1), Florida Statutes (2004); (2) whether the trial court erred in granting appellee's motion for summary judgment based on its finding that appellee properly noticed the proposed revision pursuant to article XI, section 5 of the Florida Constitution; and (3) whether the trial court erred in granting appellee's motion for summary judgment based on its finding that section 101.161(1), Florida Statutes (2004), is constitutional. We affirm.

SJR 2394 was signed by legislative officers and filed with the Secretary of State for placement on the 2004 general election ballot. SJR 2394 provided for the following ballot title and summary:

CONSTITUTIONAL AMENDMENTS

ARTICLE IV, SECTION 10

ARTICLE XI, SECTION 5

CONSTITUTIONAL AMENDMENTS PROPOSED BY INITIATIVE.—Proposing amendments to the State Constitution to require the sponsor of a constitutional amendment proposed by citizen's initiative to file the initiative petition with the Secretary of State by February 1 of the year of a general election in order to have the measure submitted to the electors for approval or rejection at the following November's general election, and to require *669 the Florida Supreme Court to render an advisory opinion addressing the validity of an initiative petition by April 1 of the year in which the amendment is to be submitted to the electors.

The text of the proposed constitutional revision was:

ARTICLE IV

EXECUTIVE

SECTION 10. Attorney General.— The attorney general shall, as directed by general law, request the opinion of the justices of the supreme court as to the validity of any initiative petition circulated pursuant to Section 3 of Article XI. The justices shall, subject to their rules of procedure, permit interested persons to be heard on the questions presented and shall render their written opinion no later than April 1 of the year in which the initiative is to be submitted to the voters pursuant to Section 5 of Article XI expeditiously.

ARTICLE XI

AMENDMENTS

SECTION 5. Amendment or revision election.—
(a) A proposed amendment to or revision of this constitution, or any part of it, shall be submitted to the electors at the next general election held more than ninety days after the joint resolution, initiative petition or report of revision commission, constitutional convention or taxation and budget reform commission proposing it is filed with the custodian of state records, unless, pursuant to law enacted by the affirmative vote of three-fourths of the membership of each house of the legislature and limited to a single amendment or revision, it is submitted at an earlier special election held more than ninety days after such filing.
(b) A proposed amendment or revision of this constitution, or any part of it, by initiative shall be submitted to the electors at the general election provided the initiative petition is filed with the custodian of state records no later than February 1 of the year in which the general election is held.
(c) (b) 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.
(d) (c) Once in the tenth week, and once in the sixth week immediately preceding the week in which the election is held, the proposed amendment or revision, with notice of the date of election at which it will be submitted to the electors, shall be published in one newspaper of general circulation in each county in which a newspaper is published.
(e) (d) If the proposed amendment or revision is approved by vote of the electors, it shall be effective as an amendment to or revision of the constitution of the state on the first Tuesday after the first Monday in January following the election, or on such other date as may be specified in the amendment or revision.

SJR 2394's ballot title and summary statement, but not the text, appeared on the November 2004 general election ballot as Constitutional Amendment No. 2.

In appellants' Second Amended Complaint, filed on October 27, 2004, appellants raised three counts for Declaratory and Injunctive Relief alleging the following:

*670 Count I: The ballot summary for Constitutional Amendment No. 2 violated article XI, section 5 of the Florida Constitution because the summary did not (1) accurately notify the public that the time for authorizing a citizen's initiative to amend the constitution would be cut by five months, thereby, making the amendment process more difficult for citizens; (2) inform citizens that the amendment would eliminate the possibility that a citizen's initiative petition could be the subject of an earlier special election; and (3) inform electors that a legislatively backed proposed amendment could be voted on by Florida electors at an earlier special election, while a citizen backed proposed amendment would have to wait for the later general election.

Count II: The ballot summary for Constitutional Amendment No. 2 violated article XI, section 5(b) of the Florida Constitution because the summary was not published in local newspapers as required in the tenth and sixth weeks preceding the general election.

Count III: Section 101.161(1), Florida Statutes (2004), violates the equal protection clause of the Florida Constitution, as considered with article I, section I, of the Florida Constitution because the statute exempts the Legislature from the 75-word limit ballot summary requirement, while impermissibly requiring all citizen's initiative petitions to be constrained by the limit.

On November 2, 2004, Florida voters passed the proposed amendment.

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Bluebook (online)
953 So. 2d 666, 2007 WL 935084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-hometown-democracy-inc-v-cobb-fladistctapp-2007.