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Supreme Court of Florida





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No. SC08-1163


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ADVISORY OPINION TO THE ATTORNEY GENERAL RE:




STANDARDS FOR ESTABLISHING LEGISLATIVE DISTRICT



BOUNDARIES.





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No. SC08-1165


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ADVISORY OPINION TO THE ATTORNEY GENERAL RE:




STANDARDS FOR LEGISLATURE TO FOLLOW IN CONGRESSIONAL



REDISTRICTING.




[January 29, 2009]



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

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Florida Constitution submitted by FairDistrictsFlorida.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:












1. We addressed whether the proposed amendments comply with the single- subject requirement of article XI, section 3 of the Florida Constitution, and whether the ballot titles and summaries comply with section 101.161(1), Florida Statutes (2008), in the companion case Advisory Opinion to the Attorney General re Standards for Establishing Legislative District Boundaries, Nos. SC08-986 & SC08-1149 (Fla. Jan. 29, 2009).







2. The text of the proposals provide:


Section 21. Add a new Section 21 to Article III


STANDARDS FOR ESTABLISHING LEGISLATIVE DISTRICT BOUNDARIES


In establishing Legislative district boundaries:




(1) No apportionment plan or individual district shall be drawn with the intent to favor or disfavor a political party or an incumbent; and districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice; and districts shall consist of contiguous territory.




(2) Unless compliance with the standards in this subsection conflicts with the standards in subsection (1) or with federal law, districts shall be as nearly equal in population as is practicable; districts shall be compact; and districts shall, where feasible, utilize existing political and geographical boundaries.







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The 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















(3) The order in which the standards within sub-sections (1) and




(2) of this section are set forth shall not be read to establish any priority of one standard over the other within that subsection.


Add a new Section 20 to Article III



Section 20. STANDARDS FOR ESTABLISHING CONGRESSIONAL DISTRICT BOUNDARIES


In establishing Congressional district boundaries:






(1) No apportionment plan or individual district shall be drawn with the intent to favor or disfavor a political party or an incumbent; and districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice; and districts shall consist of contiguous territory.




(2) Unless compliance with the standards in this subsection conflicts with the standards in subsection (1) or with federal law, districts shall be as nearly equal in population as is practicable; districts shall be compact; and districts shall, where feasible, utilize existing political and geographical boundaries.




(3) The order in which the standards within sub-sections (1) and




(2) of this section are set forth shall not be read to establish any priority of one standard over the other within that subsection.








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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 Attorney General and Secretary of State. . . . .



(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. . . .


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(e)1. 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.







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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
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