Florida Statutes
Fla. Stat. § 16.061 (2025)
Initiative petitions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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16.061 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, whether the proposed amendment is facially invalid under the United States Constitution, the compliance of the proposed ballot title and substance with s. 101.161, and the compliance of the financial impact statement with s. 100.371(16). The petition may enumerate any specific factual issues that 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 sponsor of the initiative petition.
(3) Any financial impact statement that the Supreme Court finds not to be in accordance with s. 100.371(16) must be remanded solely to the Financial Impact Estimating Conference for redrafting.
(4) If the Attorney General is notified by the Secretary of State pursuant to s. 15.21(2) that an initiative petition no longer qualifies for ballot placement for the ensuing general election, the Attorney General must withdraw his or her request for an advisory opinion if the Supreme Court has not yet fulfilled that request. If the Secretary of State subsequently resubmits the initiative petition if the criteria in s. 15.21(1) are again satisfied and the court has not issued its advisory opinion, the Attorney General must file a new petition seeking such advisory opinion.
History.—s. 2, ch. 87-363; s. 2, ch. 2002-390; s. 2, ch. 2004-33; s. 2, ch. 2020-15; s. 2, ch. 2022-73; s. 3, ch. 2025-21.
Notes of Decisions
Cited in 39
cases (2 in the last 5 years), 1988–2024 · leading case: Advisory Opinion to the Attorney Gen. ex rel. Amendment to Bar Gov't from Treating People Differently Based on Race in Pub. Educ., 778 So. 2d 888 (Fla. 2000).
Advisory Opinion to the Attorney Gen. ex rel. Amendment to Bar Gov't from Treating People Differently Based on Race in Pub. Educ., 778 So. 2d 888 (Fla. 2000). “§ 16.061, Fla.Stat. (1999). . In addition to a citizen initiative, amendments may be proposed by the Florida Legislature (article XI, section 1), by a constitutional convention (article XI, section 4), by a constitution revision commission (article XI, section 2), and by a…”
Advisory Opinion to Atty. Gen.-Ltd. Political Terms, 592 So. 2d 225 (Fla. 1991). “NOTES [1] We have jurisdiction pursuant to article IV, section 10, Florida Constitution, and section 16.061, Florida Statutes (1989). [2] Opponents argue that the proposed amendment unconstitutionally restricts First Amendment rights and that the limitation on the terms of…”
Ray v. Mortham, 742 So. 2d 1276 (Fla. 1999). “However, none of these cases concern advisory opinions required by section 16.061, Florida Statutes (1997). At the outset, we point out that when our "advisory" opinions conclude that there is a defect in the ballot title and summary or a violation of the single-subject…”
Advisory Opinion to the Attorney Gen. Re 1.35% Prop. Tax Cap, Unless Voter Approved, 2 So. 3d 968 (Fla. 2009). “In accordance with the provisions of article IV, section 10 of the Florida Constitution, and section 16.061, Florida Statutes (2007), the Attorney General petitioned this Court for a written opinion as to whether the proposed amendment complies with the single-subject…”
In Re Advisory Opinion to Atty. Gen., 632 So. 2d 1018 (Fla. 1994). “In accordance with article IV, section 10 of the Florida Constitution and section 16.061, Florida Statutes (1993), the Attorney General has petitioned this Court for an advisory opinion on the validity of an initiative petition.”
Advisory Opinion to Attorney Gen., 818 So. 2d 491 (Fla. 2002). “[2] See § 16.061(1), Fla. Stat. (2000). [3] The following parties filed briefs in opposition: Governor Jeb Bush; Florida Alcohol and Drug Abuse Association; Save Our Society From Drugs, Inc.”
Florida League of Cities v. Smith, 607 So. 2d 397 (Fla. 1992). “We have original jurisdiction. Art. V, § 3(b)(8), Fla. Const.”
In Re Advisory Opinion to Atty. Gen., 636 So. 2d 1336 (Fla. 1994). “; § 16.061, Fla. Stat. (1993). The petition seeks to amend the Florida Constitution by creating a trust to restore the Everglades funded by a fee on raw sugar.”
Advisory Opin. to Atty. Gen. Re Tax Exemp., 880 So. 2d 646 (Fla. 2004). “Pursuant to section 16.061(1), Florida Statutes (2003), the Attorney General petitioned this Court for an advisory opinion as to whether the text of the proposed amendment complies with the single-subject requirement of article XI, section 3, Florida Constitution, and whether…”
Roberts v. Brown, 43 So. 3d 673 (Fla. 2010). “However, none of these cases concern advisory opinions required by section 16.061, Florida Statutes (1997) [governing initiative proposals].”
Advisory Opinion to the Attorney Gen. re Fairness Initiative Requiring Legislative Determination that Sales Tax Exemptions & Exclusions Serve a Pub. Purpose, 880 So. 2d 630 (Fla. 2004). “In accordance with the provisions of article IV, section 10, Florida Constitution, and section 16.061, Florida Statutes (2003), the Attorney General has petitioned this Court for an advisory opinion as to whether the text of the proposed amendment complies with article XI,…”
Advisory Opinion Re Term Limits Pledge, 718 So. 2d 798 (Fla. 1998). “) Pursuant to general law, section 16.061(1), Florida Statutes (1997), requires that the Attorney General seek an advisory opinion "regarding the compliance of the text of the proposed amendment or revision with s.”
— 16.061(1) — 9 cases
Advisory Opinion to Atty. Gen.-Ltd. Political Terms, 592 So. 2d 225 (Fla. 1991). “NOTES [1] We have jurisdiction pursuant to article IV, section 10, Florida Constitution, and section 16.061, Florida Statutes (1989). [2] Opponents argue that the proposed amendment unconstitutionally restricts First Amendment rights and that the limitation on the terms of…”
Ray v. Mortham, 742 So. 2d 1276 (Fla. 1999). “However, none of these cases concern advisory opinions required by section 16.061, Florida Statutes (1997). At the outset, we point out that when our "advisory" opinions conclude that there is a defect in the ballot title and summary or a violation of the single-subject…”
Advisory Opinion to Attorney Gen., 818 So. 2d 491 (Fla. 2002). “[2] See § 16.061(1), Fla. Stat. (2000). [3] The following parties filed briefs in opposition: Governor Jeb Bush; Florida Alcohol and Drug Abuse Association; Save Our Society From Drugs, Inc.”
Advisory Opin. to Atty. Gen. Re Tax Exemp., 880 So. 2d 646 (Fla. 2004). “Pursuant to section 16.061(1), Florida Statutes (2003), the Attorney General petitioned this Court for an advisory opinion as to whether the text of the proposed amendment complies with the single-subject requirement of article XI, section 3, Florida Constitution, and whether…”
Advisory Opinion Re Term Limits Pledge, 718 So. 2d 798 (Fla. 1998). “) Pursuant to general law, section 16.061(1), Florida Statutes (1997), requires that the Attorney General seek an advisory opinion "regarding the compliance of the text of the proposed amendment or revision with s.”
— 16.061(3) — 1 case
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