The Florida Senate

¹16.061  Initiative petitions.--

(1)  The Attorney General shall, within 30 days after receipt of a proposed revision or amendment to the State Constitution by initiative petition from the Secretary of State, petition the Supreme Court, requesting an advisory opinion regarding the compliance of the text of the proposed amendment or revision with s. 3, Art. XI of the State Constitution and the compliance of the proposed ballot title and substance with s. 101.161 The petition may enumerate any specific factual issues which the Attorney General believes would require a judicial determination.

(2)  A copy of the petition shall be provided to the Secretary of State and the principal officer of the sponsor.

History.--s. 2, ch. 87-363; s. 2, ch. 2002-390.

¹Note.--

A.  Section 2, ch. 2002-390, amended s. 16.061, effective July 1, 2003, to read:

16.061  Proposed constitutional revisions or amendments.--

(1)  The Attorney General shall, within 30 days after receipt of a proposed revision or amendment to the State Constitution by initiative petition from the Secretary of State, petition the Supreme Court, requesting an advisory opinion regarding the compliance of the text of the proposed amendment or revision with s. 3, Art. XI of the State Constitution and the compliance of the proposed ballot title and substance with s. 101.161 and the compliance of the fiscal impact statement with ss. 100.371 and 101.161 For all other proposed revisions or amendments to the State Constitution, the Attorney General shall, upon the Revenue Estimating Conference finalizing the fiscal impact statement, petition the Supreme Court requesting an advisory opinion regarding compliance of the text of the fiscal impact statement with ss. 100.371, 100.381, and 101.161 The petition may enumerate any specific factual issues which the Attorney General believes would require a judicial determination.

(2)  A copy of the petition shall be provided to the Secretary of State and the principal officer of the sponsor.

(3)  Any fiscal impact statement that the court finds not to be in accordance with s. 100.371, s. 100.381, or s. 101.161 shall be remanded solely to the Revenue Estimating Conference for redrafting.

B.  Section 8, ch. 2002-390, provides that "[t]his act does not apply to any constitutional amendment proposed by initiative which has been certified for ballot position by the Secretary of State or to any joint resolution filed with the Secretary of State prior to the effective date of this act."