Who counts as a 'qualified elector' for a Florida special-district referendum?

Plain-English summary

The Highlands County Supervisor of Elections asked the Attorney General for help reading a 2010 special law, Chapter 2010-266, Laws of Florida, which reworked the enabling legislation for the Spring Lake Improvement District (updating its charter, board, and powers, and adding mosquito control, fire and emergency services, and school-facility construction). A Senior Assistant Attorney General responded with informal, advisory comments.

The Supervisor had two questions. First, what did "qualified electors of the district" mean in the act's referendum clause? The office explained that the act is a special (local) law, which under Article III, section 10 of the Florida Constitution can take effect upon approval "by vote of the electors of the area affected." Reading that together with the constitution's definition of a "vote of the electors" (Article X, section 12(d)), the office concluded the phrase meant the registered voters of the Spring Lake Improvement District itself, so only those electors could approve the act in the referendum.

Second, did the act's reference to "provisions of law relating to elections currently in force" mean Chapter 189 (special districts) or the Florida Election Code (Chapters 97-106)? The office acknowledged the act was unclear but suggested it pointed to the Election Code, since Chapter 189's election provisions are aimed at electing a district's governing board, while this referendum concerned approving the enabling act, not a board election. The office emphasized the comments were advisory only and that a court would have to give a binding answer.

Currency note

This opinion was issued in 2010. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Who were the "qualified electors of the district"?
A: The office read the phrase to mean the registered voters of the Spring Lake Improvement District in Highlands County. Only those electors could vote in the referendum that decided whether the act took effect.

Q: Why only district voters, not all of Highlands County?
A: Because the act is a special law affecting one district, and the Florida Constitution lets such laws take effect on approval by "the electors of the area affected." The area affected was the district, so the relevant electorate was the district's voters.

Q: Which election rules governed the referendum?
A: The office suggested the Florida Election Code (Chapters 97-106), not Chapter 189. Chapter 189's election provisions focus on electing a district's governing board, while this vote was about approving the district's enabling legislation.

Q: Was this a binding ruling?
A: No. It was an informal, advisory opinion. The office noted that Florida AG opinions, and this informal one in particular, are advisory, and that only a court could give a binding, definitive answer.

Background and statutory framework

A "special law" or "local bill" applies to a particular locality rather than the whole state. Article III, section 10 of the Florida Constitution requires published notice before a special law is passed, unless the law is conditioned to take effect only on approval by a vote of the electors of the area affected. The Legislature chose the referendum route for Chapter 2010-266, conditioning the act (except certain sections) on approval by a majority of the district's voting electors.

Article X, section 12(d) defines a "vote of the electors" as the majority of those voting on the matter where participation is limited to the electors of the governmental unit named in the text, here, the Spring Lake Improvement District. On the procedural question, the office distinguished Chapter 189, whose election provisions (sections 189.405 and 189.4051) primarily govern electing district boards, from the Florida Election Code, which it viewed as the better fit for a stand-alone referendum on the act. Consistent with section 16.01(3), Florida Statutes, the office framed its response as advisory.

Citations and references

Constitution and statutes:

• Art. III, s. 10, Fla. Const. (requirements for passing special laws; referendum exception)
• Art. X, s. 12, Fla. Const. (definition of "vote of the electors" and of a special law)
• Chapter 2010-266, Laws of Florida (Spring Lake Improvement District enabling act)
• Chapter 189, Florida Statutes (special districts, including §§ 189.405 and 189.4051 on board elections)
• Chapters 97-106, Florida Statutes (Florida Election Code)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/special-acts-electors-voting-in-referendum
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8184

Original opinion text

The Honorable Joe A. Campbell

Post Office Drawer 3448

Sebring, Florida 33871-3448

Dear Mr. Campbell:

As the Supervisor of Elections for Highlands County, you have asked for this office's assistance in determining your responsibilities under Chapter 2010-266, Laws of Florida. Attorney General McCollum has asked me to respond to your letter.

Chapter 2010-266, Laws of Florida (CS/HB 1487), was enacted during the 2010 legislative session and is intended to deal generally with the Spring Lake Improvement District in Highlands County. The act deletes obsolete language included in earlier versions of the law, provides minimum charter requirements, and amends provisions relating to the board, its election, and terms of office for board members. The act also deletes obsolete district powers and provides additional district powers including mosquito control, fire and emergency services, and the construction and maintenance of school facilities.[1]

The language with which you are concerned, section 4, Chapter 2010-266, Laws of Florida, provides that:

"This act shall take effect only upon its approval by a majority vote of those qualified electors of the district voting in a referendum conducted in accordance with the provisions of law relating to elections currently in force, except that this section and section 3 shall take effect upon this act becoming a law."

You have asked for assistance in determining what the term "qualified electors of the district" may mean as it is used in the act.

Chapter 2010-266, Laws of Florida, is a "special law" or a "local bill," that is, the terms of the act relate to or operate in a particular locality rather than the entire state.[2] Article III, section 10, Florida Constitution, provides requirements for the passage of special laws:

"No special law shall be passed unless notice of intention to seek enactment thereof has been published in the manner provided by general law. Such notice shall not be necessary when the law, except the provision for referendum, is conditioned to become effective only upon approval by vote of the electors of the area affected." (e.s.)

Thus, the Florida Constitution requires that special laws become effective "only upon approval by vote of the electors of the area affected" unless notice of enactment is published. It appears that the Legislature determined to qualify passage of Chapter 2010-266, Laws of Florida, upon "approval by a majority vote of those qualified electors of the district voting in a referendum" conducted in the fashion provided by general law for referenda.

The Florida Constitution also provides general rules of construction for language found in the state constitution. Pursuant to Article X, section 12(d), Florida Constitution, a "[v]ote of the electors" means:

"the vote of the majority of those voting on the matter in an election, general or special, in which those participating are limited to the electors of the governmental unit referred to in the text."

Thus, the language in section 4, Chapter 2010-266, Laws of Florida, appears to require that the terms of the act only become effective when approved by a majority vote of qualified electors of the Spring Lake Improvement District, Highlands County.

You have also asked whether the reference in section 4 to "provisions of law relating to elections currently in force" refers to Chapter 189, Florida Statutes, or the Florida Elections Code (Chapters 97 - 106, Florida Statutes). While the language of the special act is far from clear on this point, I would note that the provisions in Chapter 189, Florida Statutes, dealing with elections are directed primarily to electing the governing board of the district.[3] While Chapter 2010-266, Laws of Florida, deals generally with Spring Lake Improvement District, the act itself is a general reworking of the enabling legislation for the district, not an election of the governing board pursuant to Chapter 189. Thus, I would suggest that the reference in section 4, Chapter 2010-266, Laws of Florida, to "the provisions of law relating to elections currently in force" is a reference to Florida's Election Code, Chapters 97 - 106, Florida Statutes. (e.s.)

I trust that these informal comments will assist you in determining your duties and responsibilities under this new legislation. As we discussed during our telephone conversation on these issues, Florida Attorney General Opinions are advisory only, as is this informal opinion.[4] Only a judicial resolution of these issues will provide a binding, definitive determination of these questions.

Sincerely,

Gerry Hammond

Senior Assistant Attorney General

GH/tsh

[1] See Title to Ch. 2010-266, Laws of Fla.

[2] See http://www.flsenate.gov/session/index.cfm?BI_Mode=ViewBillInfo&Mode=Bills&ElementID=JumpToBox&SubMenu=1&Year=2010&billnum=1487 identifying the bill as a local bill and Art. X, s. 12(g), Fla. Const., defining a "[s]pecial law."

[3] See ss. 189.405 and 189.4051, Fla. Stat. Cf. s. 189.405(2)(a), Florida Statutes, specifically providing that "[a]ny independent special district that conducts its elections through the office of the supervisor shall make election procedures consistent with the Florida Election Code."

[4] See s. 16.01(3), Fla. Stat.