What was the Florida Water and Land Conservation ballot amendment, and how was it reviewed?

Plain-English summary

This is not an ordinary advisory opinion. It is the petition the Attorney General is required by the Florida Constitution to file with the Florida Supreme Court whenever a citizen initiative gathers enough early support to trigger review. Here, the initiative was the "Water and Land Conservation" amendment proposed by the group Florida's Water and Land Legacy.

The proposed amendment would add a new section 28 to Article X of the Florida Constitution. It would dedicate at least 33 percent of the net revenue from the existing documentary-stamp tax (the excise tax on documents) to the Land Acquisition Trust Fund for 20 years, to acquire, restore, and manage conservation and recreation lands, water resources, the Everglades, beaches, parks, working farms and ranches, and historic sites. Through this petition, the AG asked the Supreme Court to decide two things the Court reviews for every initiative: whether the amendment addresses a single subject (as Article XI, section 3 requires) and whether its ballot title and summary meet the requirements of section 101.161(1). The petition takes no position favoring or opposing the measure; it lays out the text, the procedural facts, and the parties to be served.

Currency note

This document was filed in 2013. The Water and Land Conservation measure later appeared on the 2014 ballot. Subsequent court decisions, the election outcome, and later statutory or constitutional changes may have changed the legal landscape. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific detail mentioned here.

Common questions

Q: Why does the Attorney General file a petition like this?
A: Article IV, section 10 of the Florida Constitution and section 16.061, Florida Statutes, require the AG to ask the Supreme Court for a written opinion on the validity of a citizen initiative once it reaches a certain stage of signature collection.

Q: What did the proposed amendment actually do?
A: It would dedicate at least 33 percent of net documentary-stamp tax revenue to the Land Acquisition Trust Fund for 20 years, to finance acquisition, restoration, improvement, and management of conservation and recreation lands and related water resources.

Q: What questions did the Court review?
A: Whether the amendment complied with the single-subject requirement of Article XI, section 3, and whether the ballot title and summary complied with the substantive and technical requirements of section 101.161(1).

Q: Does this petition say whether the amendment is a good idea?
A: No. The petition is a procedural filing. It reproduces the amendment's text and ballot language and supplies the required information about the sponsor, signatures, and timing; it does not advocate for or against the measure.

Background and statutory framework

Under Florida's citizen-initiative process, a proposed constitutional amendment that gathers a threshold number of signatures triggers automatic Supreme Court review. The Attorney General's role, set by Article IV, section 10 of the Florida Constitution and section 16.061, Florida Statutes, is to petition the Court for an advisory opinion on the measure's validity. Rule 9.510(b) of the Florida Rules of Appellate Procedure specifies the information the petition must include, such as the sponsor's name and address, signature status, election timing, and the parties to be served.

The Court's review at this stage is limited. It examines whether the proposal embraces a single subject (Article XI, section 3) and whether the ballot title and summary fairly and accurately inform voters without misleading them (section 101.161(1)). It does not decide whether the policy is wise. As of the petition, the sponsor (Florida's Water and Land Legacy) had certified 69,562 valid signatures and was aiming for the 2014 general election.

Citations and references

Constitution, statutes, and rules:

• Art. IV, § 10, Fla. Const. (Attorney General)
• Art. XI, § 3, Fla. Const. (Initiative)
• § 16.061, Fla. Stat. (AG petition duty)
• § 101.161, Fla. Stat. (Ballot title and summary)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/water-and-land-conservation
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8117

Original opinion text

The Honorable Ricky Polston
Chief Justice, and Justices of The Supreme Court of Florida
The Supreme Court Building
Tallahassee, Florida 32399-1925

Dear Chief Justice Polston and Justices:

In accordance with the provisions of Article IV, section 10, Florida Constitution, and section 16.061, Florida Statutes, it is the responsibility of the Attorney General to petition this Honorable Court for a written opinion as to the validity of an initiative petition circulated pursuant to Article XI, section 3, Florida Constitution.

On April 15, 2013, this office received from the Secretary of State an initiative petition seeking to amend the Florida Constitution. The proposed amendment would dedicate funds for the Land Acquisition Trust Fund to acquire and restore Florida conservation and recreation lands.

The full text of the proposed amendment, which adds a new section 28 to Article X of the Florida Constitution, states:

"SECTION 28. Land Acquisition Trust Fund.--

a) Effective on July 1 of the year following passage of this amendment by the voters, and for a period of 20 years after that effective date, the Land Acquisition Trust Fund shall receive no less than 33 percent of net revenues derived from the existing excise tax on documents, as defined in the statutes in effect on January 1, 2012, as amended from time to time, or any successor or replacement tax, after the Department of Revenue first deducts a service charge to pay the costs of the collection and enforcement of the excise tax on documents.

b) Funds in the Land Acquisition Trust Fund shall be expended only for the following purposes:

1) As provided by law, to finance or refinance: the acquisition and improvement of land, water areas, and related property interests, including conservation easements, and resources for conservation lands including wetlands, forests, and fish and wildlife habitat; wildlife management areas; lands that protect water resources and drinking water sources, including lands protecting the water quality and quantity of rivers, lakes, streams, springsheds, and lands providing recharge for groundwater and aquifer systems; lands in the Everglades Agricultural Area and the Everglades Protection Area, as defined in Article II, Section 7(b); beaches and shores; outdoor recreation lands, including recreational trails, parks, and urban open space; rural landscapes; working farms and ranches; historic or geologic sites; together with management, restoration of natural systems, and the enhancement of public access or recreational enjoyment of conservation lands.

2) To pay the debt service on bonds issued pursuant to Article VII, Section 11(e).

c) The moneys deposited into the Land Acquisition Trust Fund, as defined by the statutes in effect on January 1, 2012, shall not be or become commingled with the General Revenue Fund of the state."

The ballot title for the proposed amendment is "Water and Land Conservation - Dedicates funds to acquire and restore Florida conservation and recreation lands." The ballot summary for the proposed amendment states:

"Funds the Land Acquisition Trust Fund to acquire, restore, improve, and manage conservation lands including wetlands and forests; fish and wildlife habitat; lands protecting water resources and drinking water sources, including the Everglades, and the water quality of rivers, lakes, and streams; beaches and shores; outdoor recreational lands; working farms and ranches; and historic or geologic sites, by dedicating 33 percent of net revenues from the existing excise tax on documents for 20 years."

Pursuant to Rule 9.510(b), Florida Rules of Appellate Procedure, a petition by this office must contain, in addition to the language of the initiative, the following information:

1. The name of the sponsor and address: The sponsor of the initiative is Florida's Water and Land Legacy, whose address is 316 Williams Street, Tallahassee, Florida 32303. Mr. William W. Abberger is the Chairperson.

2. The name and address of the sponsor's attorney, if the sponsor is represented: Mr. Jon L. Mills, Boies, Schiller & Flexner, LLP, 100 Southeast 2nd Street, Suite 2800, Miami, Florida 33131.

3. A statement as to whether the sponsor has obtained the requisite number of signatures to have the initiative placed on the ballot: As of April 3, 2013, the sponsor had not obtained the necessary number of signatures to place the initiative on the ballot.

4. The current status of the signature collection process: The Secretary of State in his April 4, 2013, letter states that the Supervisors of Elections have certified a total of 69,562 valid petition signatures to the Division of Elections in the Department of State.

5. The date of the election during which the sponsor is planning to submit the proposed amendment: The initiative itself does not specify the date of the election although the Department of State's website indicates the 2014 election: http://election.dos.state.fl.us/initiatives/initdetail.asp?account=59894&seqnum=1.

6. The last possible date that the ballot for the target election can be printed in order to be ready for the election: The Secretary of State's Office has advised the Attorney General's Office that this date is August 21, 2014, for the 2014 general election.

7. A statement identifying the date by which the Financial Impact Statement will be filed, if the Financial Impact Statement is not filed concurrently with the request: The Attorney General's Office has been advised that the Financial Impact Estimating Conference intends to file the financial impact statement no later than May 24, 2013.

8. The names and complete mailing addresses of all of the parties who are to be served:

Mr. William W. Abberger, Chair, Florida's Water and Land Legacy, Inc., 316 Williams Street, Tallahassee, Florida 32303

Mr. Jon L. Mills, Boies, Schiller & Flexner, LLP, 100 Southeast 2nd Street, Suite 2800, Miami, Florida 33131

The Honorable Rick Scott, Governor, State of Florida, The Capitol, 400 South Monroe Street, Tallahassee, Florida 32399-0001

Mr. Ken Detzner, Secretary, Florida Department of State, R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250

The Honorable Don Gaetz, President, Florida Senate, Senate Office Building, Room 212, 404 South Monroe Street, Tallahassee, Florida 32399-1100

The Honorable Will Weatherford, Speaker, Florida House of Representatives, 420 The Capitol, 402 South Monroe Street, Tallahassee, Florida 32399-1300

Financial Impact Estimating Conference, Attention: Amy Baker, Coordinator, Office of Economic and Demographic Research, 111 West Madison Street, Suite 574, Tallahassee, Florida 32399-6588

Department of State, Division of Elections, Director's Office, Room 316, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250

Mr. Timothy Osterhaus, Solicitor General, The Capitol PL-01, 107 West Gaines Street, Tallahassee, Florida 32399-1050

In accordance with the provisions of Article IV, section 10, Florida Constitution, I respectfully request this Honorable Court's opinion as to whether the proposed amendment complies with the single-subject requirement of Article XI, section 3, Florida Constitution, and whether the ballot title and summary of the proposed constitutional amendment comply with section 101.161(1), Florida Statutes, setting forth substantive and technical requirements for the ballot title and summary.

Respectfully submitted,

Pamela Jo Bondi
Attorney General