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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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03/27/2006
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REQUEST-ADVISORY OPINION (ATTY GEN)
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PT Advisory Opinion To The Attorney General BY: PT Hon. Charles J. Crist, Jr.
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W/FINANCIAL IMPACT STATEMENT (O&7 & E-MAIL)
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03/27/2006
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No Fee Required
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03/28/2006
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ORDER-HIGH PROFILE
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Because of significant public and media interest in this matter, counsel for the parties are directed to hereafter file an original and eight (8) copies of all pleadings filed with this Court.
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04/04/2006
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ORDER-NO REQ SCHED (MISC)
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04/24/2006
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INITIAL BRIEF-MERITS
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SPR Florida Hometown Democracy, Inc. BY: SPR Lesley Gay Blackner
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(O&8 & E-MAIL)
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09/22/2006
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ORDER-OA&BRIEF SCHED (AG ADVISORY OPIN)
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The Attorney General has asked the Court for an advisory opinion as to whether the financial impact statement prepared by the Financial Impact Estimating Conference on the constitutional amendment, proposed by initiative petition, entitled "Referenda Required for Adoption and Amendment of Local Government Comprehensive Land Use Plans," is in accordance with section 100.371, Florida Statutes. Upon reviewing the briefing submitted, the Court finds that supplemental briefing would be beneficial to the Court. Accordingly, the Court directs the Attorney General and all interested parties to file supplemental briefs to address the following issues: (1) the basis for this Court's jurisdiction as it pertains to financial impact cases; (2) the standard of review that this Court should apply when reviewing a financial impact statement; and (3) whether the language of the financial impact statement as presently drafted complies with the requirements of section 100.371, including any further arguments regarding whether there are any ambiguities as to the financial impact statement in this case. Further, the Court invites the Florida House of Representatives, the Florida Senate, and the Governor of the State of Florida to file briefs pertaining to any of the above issues. The Court will have oral argument in respect to issues concerning the financial impact statement at 9:00 a.m. on Tuesday, January 9, 2007. A maximum of twenty minutes to the side is allowed, but counsel is expected to use only so much of that time as is necessary. IT IS, THEREFORE, the order of the Court that the Attorney General and interested parties shall file their briefs on or before October 12, 2006. Interested parties shall serve a copy of their briefs on the Attorney General. Answer briefs shall be filed on or before November 1, 2006. Briefs are limited to twenty pages. (ORDER CORRECTED ON 09/28/06 TO REMOVE SENTENCE FRAGMENT FROM PAGE 2)
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09/22/2006
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ORAL ARGUMENT CALENDAR
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10/09/2006
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SUPP INITIAL BRIEF-MERITS
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SPR Florida Hometown Democracy, Inc. BY: SPR Ross Stafford Burnaman 397784
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O&7 & E-MAIL
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10/12/2006
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REQUEST-JUDICIAL NOTICE
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SPR Florida Hometown Democracy, Inc. BY: SPR Ross Stafford Burnaman 397784
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O&8 & E-MAIL
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10/12/2006
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SUPP INITIAL BRIEF-MERITS
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PT Advisory Opinion To The Attorney General BY: PT Louis F. Hubener, Iii 140084
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O&8 & E-MAIL (NO SOA)
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10/13/2006
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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The Supplemental Brief of the Attorney General, which was filed with this Court on October 12, 2006, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. The Attorney General is hereby directed to immediately serve an original and eight copies of an amended supplemental brief which contains a Summary of Argument.
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10/13/2006
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SUPP INITIAL AMD BRIEF-MERITS
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PT Advisory Opinion To The Attorney General BY: PT Leah L. Marino 309140
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O&8 & E-MAIL
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10/17/2006
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SUPP ANSWER BRIEF-MERITS
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SPR Florida Hometown Democracy, Inc. BY: SPR Ross Stafford Burnaman 397784
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(O&8 & E-MAIL)
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01/09/2007
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ORAL ARGUMENT HELD
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07/12/2007
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DISP-REMANDED
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While this Court was considering the validity of an initiative petition circulated pursuant to article XI, section 3 of the Florida Constitution, the Attorney General requested that we review the corresponding financial impact statement to evaluate its compliance with section 100.371 of the Florida Statutes. For the reasons that follow, we conclude that we have jurisdiction, see art. IV, § 10, art. V, § 3(b)(10), Fla. Const., but remand the statement to the Financial Impact Estimating Conference for redrafting because the statement does not meet the statutory requirements in its current form.
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07/31/2007
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PETITION-AMENDMENT/SUPPLEMENT
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PT Advisory Opinion To The Attorney General BY: PT Hon. Bill Mccollum 112233
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FILED AS A LETTER DATED 07/31/07 W/ATTACHMENTS & TREATED AS AN AMENDED FINANCIAL IMPACT STATEMENT AFTER REMAND (O&8 & E-MAIL)
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11/27/2007
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ORDER-BRIEF SCHED (AG ADVISORY OPIN)
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Charles J. Crist, Jr., pursuant to the provisions of Article IV, section 10, Florida Constitution, and section 16.061, Florida Statutes, has requested this Court's opinion on the initiative petition seeking to amend the Florida Constitution to require local governments to put a new comprehensive land-use plan or an amendment to an existing comprehensive land-use plan to a vote by referendum prior to adoption. On July 12, 2007, this Court remanded the finanacial impact statement for the initiative petition to the Finanacial Impact Estimating Conference for redrafting because the statement did meet statutory requirements in its current form.
On July 27, 2007, the Financial Impact Estimating Conference, in accordance with the provisions of Chapter 04-33, Laws of Florida, forwarded to the Office of the Attorney General a redrafted financial impact statement on the initiative petition. Chapter 04-33 provides for this Honorable Court to review the redrafted financial impact statement to determine whether it is in accordance with 100.371, Florida Statutes. The full text of the Attorney General's letter is attached hereto as an exhibit and made a part thereof.
IT IS, THEREFORE, the order of the Court that interested parties shall file their briefs on or before December 17, 2007, and serve a copy thereof on the Attorney General. Answer briefs shall be filed on or before January 7, 2008. Briefs are limited to ten pages and the parties shall address the duties and responsibilities of the Court in this process and review and the application of these duties to this specific case. Please file an original and eight copies of all briefs.
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12/04/2007
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MAIL RETURNED
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Financial Impact Estimating Conference BY: GN Financial Impact Estimating Conference ORDER DATED 11/27/2007 - FORWARDED 12/4/07 TO SUITE 574.
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12/11/2007
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INITIAL BRIEF-MERITS
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SPR Florida Hometown Democracy, Inc. BY: SPR Ross Stafford Burnaman 397784
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OF THE SPONSOR FLORIDA HOMETOWN DEMOCRACY, INC. (O&8 & E-MAIL)
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02/29/2008
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court will hear oral argument on the redrafted finanacial impact statement and supplemental briefs at 9:00 a.m., Tuesday, May 6, 2008.
A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
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02/29/2008
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ORAL ARGUMENT CALENDAR
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05/06/2008
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ORAL ARGUMENT HELD
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09/25/2008
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DISP-REMANDED
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The revised statement prepared by the FIEC is misleading because it inaccurately implies that the amendment will lead to an increase in costly special elections, contrary to the proposed amendment itself, and because it fails to articulate with any precision the estimated cost of the amendment. See §100.371(5)(a), Fla. Stat. (2007) (a financial impact statement shall describe "the estimated increase or decrease in any revenues or costs to state or local governments resulting from the proposed initiative"). Therefore, we hold that the revised financial impact statement does not comply with section 100.371(5). In accordance with section 100.371(5)(e)(1), we remand the statement to the Financial Impact Estimating Conference to be redrafted.
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10/14/2008
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PETITION-AMENDMENT/SUPPLEMENT
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PT Advisory Opinion To The Attorney General BY: PT Hon. Bill Mccollum 112233
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FILED AS LETTER DATED OCTOBER 14, 2008 W/ ATTACHED REDRAFTED STATEMENT AFTER REMAND (O&8 & E-MAIL)
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10/27/2008
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ORDER-BRIEF SCHED (AG ADVISORY OPIN)
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interested parties shall file their briefs on or before November 17, 2008, and serve a copy thereof on the Attorney General. Answer briefs shall be filed on or before December 8, 2008. Briefs are limited to ten pages and the parties shall address the duties and responsibilities of the Court in this process and review and the application of these duties to this specific case. Please file an original and eight copies of all briefs.
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11/17/2008
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INITIAL BRIEF-MERITS
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SPR Florida Hometown Democracy, Inc. BY: SPR Ross Stafford Burnaman 397784
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W/APPENDIX (O&8 & E-MAIL)
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11/17/2008
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INITIAL BRIEF-MERITS
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Jason Vail 298824 BY: Jason Vail 298824
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O&7 & E-MAIL
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12/08/2008
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ANSWER BRIEF-MERITS
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SPR Florida Hometown Democracy, Inc. BY: SPR Ross Stafford Burnaman 397784
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OF THE SPONSOR FLORIDA HOMETOWN DEMOCRACY, INC. (O&8 & E-MAIL)
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12/31/2008
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ORDER-NO REQ SCHED (MISC)
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07/09/2009
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DISP-APPROVED
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The proponent of the amendment now asserts that the second revised financial impact statement is proper. For the reasons addressed below, we hold that this statement complies with section 100.371.
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09/15/2009
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ARCHIVES
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File
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