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Florida Statute 16.061 | Lawyer Caselaw & Research
F.S. 16.061 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title IV
EXECUTIVE BRANCH
Chapter 16
ATTORNEY GENERAL
View Entire Chapter
F.S. 16.061
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, and the compliance of the proposed ballot title and substance with s. 101.161. 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 principal officer of the sponsor.
(3) Any fiscal impact statement that the court finds not to be in accordance with s. 100.371 shall 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.

F.S. 16.061 on Google Scholar

F.S. 16.061 on Casetext

Amendments to 16.061


Arrestable Offenses / Crimes under Fla. Stat. 16.061
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 16.061.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MIAMI- DADE COUNTY BOARD OF COUNTY COMMISSIONERS, v. AN ACCOUNTABLE MIAMI- DADE,, 208 So. 3d 724 (Fla. Dist. Ct. App. 2016)

. . . . §§ 15.21, 16.061(1), Fla. Stat. (2016). . . .

K. ROBERTS, v. BROWN,, 43 So. 3d 673 (Fla. 2010)

. . . However, none of these cases concern advisory opinions required by section 16.061, Florida Statutes ( . . .

S. BROWNING, v. FLORIDA HOMETOWN DEMOCRACY, INC. PAC,, 29 So. 3d 1053 (Fla. 2010)

. . . .; §§ 15.21(3), 16.061(1), Fla. Stat. (2007). . . . Const.; §§ 15.21(3), 16.061(1), Fla. Stat. (2007); Fla. Admin. . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE PROPERTY 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 . . .

UNITED STATES FOSTER, v. BRISTOL- MYERS SQUIBB COMPANY,, 587 F. Supp. 2d 805 (E.D. Tex. 2008)

. . . Prac & Rem.Code § 16.061 provides that a right of action of the state is not barred by Section 16.051 . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE FUNDING OF EMBRYONIC STEM CELL RESEARCH, 959 So. 2d 195 (Fla. 2007)

. . . .; § 16.061, Fla. Stat. (2006). . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE PROHIBITING STATE SPENDING FOR EXPERIMENTATION THAT INVOLVES THE DESTRUCTION OF A LIVE HUMAN EMBRYO, 959 So. 2d 210 (Fla. 2007)

. . . .; § 16.061, Fla. Stat. (2006). . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE INDEPENDENT NONPARTISAN COMMISSION TO APPORTION LEGISLATIVE AND CONGRESSIONAL DISTRICTS WHICH REPLACES APPORTIONMENT BY LEGISLATURE, 926 So. 2d 1218 (Fla. 2006)

. . . In accordance with the provisions of article IV, section 10 of the Florida Constitution, and section 16.061 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE REFERENDA REQUIRED FOR ADOPTION AND AMENDMENT OF LOCAL GOVERNMENT COMPREHENSIVE LAND USE PLANS, 902 So. 2d 763 (Fla. 2005)

. . . In accordance with the provisions of article IV, section 10 of the Florida Constitution, and section 16.061 . . .

ADVISORY OPINION TO ATTORNEY GENERAL REPEAL OF HIGH SPEED RAIL AMENDMENT, 880 So. 2d 624 (Fla. 2004)

. . . .; § 16.061, Fla. Stat. (2003). DEBT has filed a brief in favor of the amendment. . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE FAIRNESS INITIATIVE REQUIRING LEGISLATIVE DETERMINATION THAT SALES TAX EXEMPTIONS AND EXCLUSIONS SERVE A PUBLIC PURPOSE, 880 So. 2d 630 (Fla. 2004)

. . . In accordance with the provisions of article IV, section 10, Florida Constitution, and section 16.061 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE FLORIDA MINIMUM WAGE AMENDMENT, 880 So. 2d 636 (Fla. 2004)

. . . Pursuant to section 16.061(1), Florida Statutes (2003), the Attorney General petitioned this Court for . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE ADDITIONAL HOMESTEAD TAX EXEMPTION, 880 So. 2d 646 (Fla. 2004)

. . . Pursuant to section 16.061(1), Florida Statutes (2003), the Attorney General petitioned this Court for . . .

FLORIDA SENATE, s v. FLORIDA ASSOCIATION OF REALTORS, INC. s, 829 So. 2d 854 (Fla. 2002)

. . . Secretary of State shall immediately submit an initiative petition to the Attorney General .... ”); § 16.061 . . .

ADVISORY OPINION TO ATTORNEY GENERAL Re LOCAL TRUSTEES s OPINION TO ATTORNEY GENERAL Re LOCAL TRUSTEES s, 819 So. 2d 725 (Fla. 2002)

. . . validity of the petition in accordance with article IV, section 10 of the Florida Constitution and section 16.061 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RIGHT TO TREATMENT AND REHABILITATION, 818 So. 2d 491 (Fla. 2002)

. . . See § 16.061(1), Fla. Stat. (2000). . . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE LIMITING CRUEL AND INHUMANE CONFINEMENT OF PIGS DURING PREGNANCY, 815 So. 2d 597 (Fla. 2002)

. . . “proposed amendment”) according to article IV, section 10 of the Florida Constitution, and section 16.061 . . .

Dr. ARMSTRONG, v. HARRIS,, 773 So. 2d 7 (Fla. 2000)

. . . sought when the sponsor has obtained one-tenth of the signatures necessary for placement on the ballot), 16.061 . . .

ADVISORY OPINION TO ATTORNEY GENERAL, AMENDMENT TO BAR GOVERNMENT FROM TREATING PEOPLE DIFFERENTLY BASED ON RACE IN PUBLIC EDUCATION., 778 So. 2d 888 (Fla. 2000)

. . . In compliance with section 16.061, Florida Statutes (1999), the Attorney General subsequently petitioned . . . Section 16.061, Florida Statutes, provides, in pertinent part: The Attorney General shall, within 30 . . . State Constitution and the compliance of the proposed ballot title and substance with s. 101.161. § 16.061 . . . See § 16.061, Fla.Stat. (1999). . See Askew v. Firestone, 421 So.2d 151, 154 (Fla.1982). . . . .

G. RAY, P. C. W. v. MORTHAM, s, 742 So. 2d 1276 (Fla. 1999)

. . . .; § 16.061(1), Fla. Stat. (1997). . . . However, none of these cases concern advisory opinions required by section 16.061, Florida Statutes ( . . . Section 16.061(1), Florida Statutes (1997), provides in pertinent part: The Attorney General shall, within . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL 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 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE REQUIREMENT FOR ADEQUATE PUBLIC EDUCATION FUNDING, 703 So. 2d 446 (Fla. 1997)

. . . In accordance with article IV, section 10, Florida Constitution, and section 16.061, Florida Statutes . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE PEOPLE S PROPERTY RIGHTS AMENDMENTS PROVIDING COMPENSATION FOR RESTRICTING REAL PROPERTY USE MAY COVER MULTIPLE SUBJECTS. ADVISORY OPINION TO THE ATTORNEY GENERAL RE VOTER APPROVAL REQUIRED FOR NEW TAXES. ADVISORY OPINION TO THE ATTORNEY GENERAL RE PROPERTY RIGHTS, 699 So. 2d 1304 (Fla. 1997)

. . . .; § 16.061, Fla. Stat. (1995). We have jurisdiction. Art V, § 3(b)(10), Fla. Const. . . .

BIDDULPH, v. MORTHAM,, 89 F.3d 1491 (11th Cir. 1996)

. . . . § 16.061 (1995); see also Fla. Const, art. . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE TAX LIMITATION, 673 So. 2d 864 (Fla. 1996)

. . . See § 16.061, Fla.Stat. (1993) ("The petition may enumerate any specific factual issues which the Attorney . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE STOP EARLY RELEASE OF PRISONERS, 661 So. 2d 1204 (Fla. 1995)

. . . . § 16.061, Fla.Stat. (1993). . . . A second interested party filed a brief requesting only that the Court address whether sections 16.061 . . . We do not address the interested party's claim that sections 16.061 and 101.161 are unconstitutional . . . challenges to proposed amendment because of Court’s limited jurisdiction in case filed pursuant to section 16.061 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL, 656 So. 2d 466 (Fla. 1995)

. . . Choice Gaming, Inc., to an advisory opinion from this Court under the authority of sections 15.21 and 16.061 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE FLORIDA LOCALLY APPROVED GAMING, 656 So. 2d 1259 (Fla. 1995)

. . . number of signatures to entitle it to an advisory opinion from this Court under sections 15.21 and 16.061 . . . Section 16.061, Florida Statutes (1993), provides, in relevant part: (1) The Attorney General shall, . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE TAX LIMITATION. ADVISORY OPINION TO THE ATTORNEY GENERAL RE VOTER APPROVAL OF NEW TAXES. ADVISORY OPINION TO THE ATTORNEY GENERAL RE PROPERTY RIGHTS. ADVISORY OPINION TO THE ATTORNEY GENERAL RE REVENUE LIMITS. LEAGUE OF WOMEN VOTERS OF FLORIDA, INC. v. SMITH,, 644 So. 2d 486 (Fla. 1994)

. . . In accordance with article V, section 3(b)(10), of the Florida Constitution, and section 16.061, Florida . . .

ADVISORY OPINION TO ATTORNEY GENERAL FUNDING FOR CRIMINAL JUSTICE, 639 So. 2d 972 (Fla. 1994)

. . . Pursuant to article IV, section 10 of the Florida Constitution, and section 16.061, Florida Statutes . . .

ADVISORY OPINION TO ATTORNEY GENERAL Re, 642 So. 2d 724 (Fla. 1994)

. . . See §§ 15.21, 16.061, Florida Statutes (1993). . . .

In ADVISORY OPINION TO THE ATTORNEY GENERAL- SAVE OUR EVERGLADES, 636 So. 2d 1336 (Fla. 1994)

. . . .; § 16.061, Fla.Stat. (1993). . . .

RESOLUTION TRUST CORPORATION, v. HOLMES, Jr. J. Sr. J. Jr. A. III,, 846 F. Supp. 1310 (S.D. Tex. 1994)

. . . . § 16.061 (Vernon Supp.1994) (“A right of action of .this state ... is not barred by any of the following . . . against the former directors and officers of Spring Branch, RTC argues that a correct application of § 16.061 . . . against directors of Spring Branch does not mean that such a suit would have been entitled to the § 16.061 . . .

In ADVISORY OPINION TO ATTORNEY GENERAL- RESTRICTS LAWS RELATED TO DISCRIMINATION, 632 So. 2d 1018 (Fla. 1994)

. . . In accordance with article IV, section 10 of the Florida Constitution and section 16.061, Florida Statutes . . . amendment originates in this Court upon a petition of the Attorney General filed pursuant to section 16.061 . . .

ADVISORY OPINION TO ATTORNEY GENERAL- LIMITED MARINE NET FISHING, 620 So. 2d 997 (Fla. 1993)

. . . In compliance with section 16.061, Florida Statutes (1991), the Attorney General has petitioned this . . .

FLORIDA LEAGUE OF CITIES, v. SMITH,, 607 So. 2d 397 (Fla. 1992)

. . . advisory opinion issued pursuant to article IY, section 10 of the Florida Constitution, and section 16.061 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL- LIMITED POLITICAL TERMS IN CERTAIN ELECTIVE OFFICES, 592 So. 2d 225 (Fla. 1991)

. . . Although section 16.061(1), Florida Statutes (1989), provides that the petition for an advisory opinion . . .

In ADVISORY OPINION TO ATTORNEY GENERAL- HOMESTEAD VALUATION LIMITATION, 581 So. 2d 586 (Fla. 1991)

. . . Pursuant to article IV, section 10 of the Florida Constitution and section 16.061, Florida Statutes ( . . .

STATE OF TEXAS, v. WEST PUBLISHING COMPANY,, 882 F.2d 171 (5th Cir. 1989)

. . . Section 16.061 provides that a city’s right of action is not barred by several sections of the Code. . . . Section 16.008 was not listed in section 16.061, but the City claimed that section 16.061 was intended . . . (1), 69th Leg., 1985 Tex.Gen.Laws 3242, 3322 (currently codified as Tex.Civ.Prac. & Rem.Code Ann. § 16.061 . . . now section 16.008, was to have been encompassed within the provisions of article 5517, now section 16.061 . . .

DELGADO, R. v. SMITH, a a U. S. U. S., 861 F.2d 1489 (11th Cir. 1988)

. . . . §§ 15.21, 16.061. . . . . . § 16.061 (1987). . . .

In ADVISORY OPINION TO ATTORNEY GENERAL, LIMITATION NON- ECONOMIC DAMAGES CIVIL ACTIONS, 520 So. 2d 284 (Fla. 1988)

. . . .; § 16.061, Fla.Stat. (1987). . . .

In ADVISORY OPINION TO ATTORNEY GENERAL ENGLISH- THE OFFICIAL LANGUAGE OF FLORIDA, 520 So. 2d 11 (Fla. 1988)

. . . . § 16.061, Fla.Stat. (1987). . . .