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Florida Statute 100.371 | Lawyer Caselaw & Research
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The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 100
GENERAL, PRIMARY, SPECIAL, BOND, AND REFERENDUM ELECTIONS
View Entire Chapter
F.S. 100.371
100.371 Initiatives; procedure for placement on ballot.
(1) Constitutional amendments proposed by initiative shall be placed on the ballot for the general election, provided the initiative petition has been filed with the Secretary of State no later than February 1 of the year the general election is held. A petition shall be deemed to be filed with the Secretary of State upon the date the secretary determines that valid and verified petition forms have been signed by the constitutionally required number and distribution of electors under this code.
(2) The sponsor of an initiative amendment shall, prior to obtaining any signatures, register as a political committee pursuant to s. 106.03 and submit the text of the proposed amendment to the Secretary of State, with the form on which the signatures will be affixed, and shall obtain the approval of the Secretary of State of such form. The Secretary of State shall adopt rules pursuant to s. 120.54 prescribing the style and requirements of such form. Upon filing with the Secretary of State, the text of the proposed amendment and all forms filed in connection with this section must, upon request, be made available in alternative formats.
(3)(a) A person may not collect signatures or initiative petitions for compensation unless the person is registered as a petition circulator with the Secretary of State.
(b) A citizen may challenge a petition circulator’s registration under this section by filing a petition in circuit court. If the court finds that the respondent is not a registered petition circulator, the court may enjoin the respondent from collecting signatures or initiative petitions for compensation until she or he is lawfully registered.
(4) An application for registration must be submitted in the format required by the Secretary of State and must include the following:
(a) The information required to be on the petition form under s. 101.161, including the ballot summary and title as approved by the Secretary of State.
(b) The applicant’s name, permanent address, temporary address, if applicable, and date of birth.
(c) An address in this state at which the applicant will accept service of process related to disputes concerning the petition process, if the applicant is not a resident of this state.
(d) A statement that the applicant consents to the jurisdiction of the courts of this state in resolving disputes concerning the petition process.
(e) Any information required by the Secretary of State to verify the applicant’s identity or address.
(5) All petitions collected by a petition circulator must contain, in a format required by the Secretary of State, a completed Petition Circulator’s Affidavit which includes:
(a) The circulator’s name and permanent address;
(b) The following statement, which must be signed by the circulator:

By my signature below, as petition circulator, I verify that the petition was signed in my presence. Under penalties of perjury, I declare that I have read the foregoing Petition Circulator’s Affidavit and the facts stated in it are true.

(6) The division or the supervisor of elections shall make hard copy petition forms or electronic portable document format petition forms available to registered petition circulators. All such forms must contain information identifying the petition circulator to which the forms are provided. The division shall maintain a database of all registered petition circulators and the petition forms assigned to each. Each supervisor of elections shall provide to the division information on petition forms assigned to and received from petition circulators. The information must be provided in a format and at times as required by the division by rule. The division must update information on petition forms daily and make the information publicly available.
(7)(a) A sponsor that collects petition forms or uses a petition circulator to collect petition forms serves as a fiduciary to the elector signing the petition form, ensuring that any petition form entrusted to the petition circulator shall be promptly delivered to the supervisor of elections within 30 days after the elector signs the form. If a petition form collected by any petition circulator is not promptly delivered to the supervisor of elections, the sponsor is liable for the following fines:
1. A fine in the amount of $50 for each petition form received by the supervisor of elections more than 30 days after the elector signed the petition form or the next business day, if the office is closed. A fine in the amount of $250 for each petition form received if the sponsor or petition circulator acted willfully.
2. A fine in the amount of $500 for each petition form collected by a petition circulator which is not submitted to the supervisor of elections. A fine in the amount of $1,000 for any petition form not submitted if the sponsor or petition circulator acted willfully.
(b) A showing by the sponsor that the failure to deliver the petition form within the required timeframe is based upon force majeure or impossibility of performance is an affirmative defense to a violation of this subsection. The fines described in this subsection may be waived upon a showing that the failure to deliver the petition form promptly is based upon force majeure or impossibility of performance.
(8) If the Secretary of State reasonably believes that a person or entity has committed a violation of this section, the secretary may refer the matter to the Attorney General for enforcement. The Attorney General may institute a civil action for a violation of this section or to prevent a violation of this section. An action for relief may include a permanent or temporary injunction, a restraining order, or any other appropriate order.
(9) The division shall adopt by rule a complaint form for an elector who claims to have had his or her signature misrepresented, forged, or not delivered to the supervisor. The division shall also adopt rules to ensure the integrity of the petition form gathering process, including rules requiring sponsors to account for all petition forms used by their agents. Such rules may require a sponsor or petition circulator to provide identification information on each petition form as determined by the department as needed to assist in the accounting of petition forms.
(10) The date on which an elector signs a petition form is presumed to be the date on which the petition circulator received or collected the petition form.
(11)(a) An initiative petition form circulated for signature may not be bundled with or attached to any other petition. Each signature shall be dated when made and shall be valid until the next February 1 occurring in an even-numbered year for the purpose of the amendment appearing on the ballot for the general election occurring in that same year, provided all other requirements of law are met. The sponsor shall submit signed and dated forms to the supervisor of elections for the county of residence listed by the person signing the form for verification of the number of valid signatures obtained. If a signature on a petition is from a registered voter in another county, the supervisor shall notify the petition sponsor of the misfiled petition. The supervisor shall promptly verify the signatures within 60 days after receipt of the petition forms and payment of a fee for the actual cost of signature verification incurred by the supervisor. However, for petition forms submitted less than 60 days before February 1 of an even-numbered year, the supervisor shall promptly verify the signatures within 30 days after receipt of the form and payment of the fee for signature verification. The supervisor shall promptly record, in the manner prescribed by the Secretary of State, the date each form is received by the supervisor, and the date the signature on the form is verified as valid. The supervisor may verify that the signature on a form is valid only if:
1. The form contains the original signature of the purported elector.
2. The purported elector has accurately recorded on the form the date on which he or she signed the form.
3. The form sets forth the purported elector’s name, address, city, county, and voter registration number or date of birth.
4. The purported elector is, at the time he or she signs the form and at the time the form is verified, a duly qualified and registered elector in the state.
5. The signature was obtained legally, including that if a paid petition circulator was used, the circulator was validly registered under subsection (3) when the signature was obtained.

The supervisor shall retain all signature forms, separating forms verified as valid from those deemed invalid, for at least 1 year following the election for which the petition was circulated.

(b) Each supervisor shall post the actual cost of signature verification on his or her website and may increase such cost, as necessary, on February 2 of each even-numbered year. The division shall also publish each county’s current cost on its website. The division and each supervisor shall biennially review available technology aimed at reducing verification costs.
(c) On the last day of each month, or on the last day of each week from December 1 of an odd-numbered year through February 1 of the following year, each supervisor shall post on his or her website the total number of signatures submitted, the total number of invalid signatures, the total number of signatures processed, and the aggregate number of verified valid signatures and the distribution of such signatures by congressional district for each proposed amendment proposed by initiative, along with the following information specific to the reporting period: the total number of signed petition forms received, the total number of signatures verified, the distribution of verified valid signatures by congressional district, and the total number of verified petition forms forwarded to the Secretary of State.
(12) The Secretary of State shall determine from the signatures verified by the supervisors of elections the total number of verified valid signatures and the distribution of such signatures by congressional districts, and the division shall post such information on its website at the same intervals specified in paragraph (11)(c). Upon a determination that the requisite number and distribution of valid signatures have been obtained, the secretary shall issue a certificate of ballot position for that proposed amendment and shall assign a designating number pursuant to s. 101.161.
(13)(a) At the same time the Secretary of State submits an initiative petition to the Attorney General pursuant to s. 15.21, the secretary shall submit a copy of the initiative petition to the Financial Impact Estimating Conference. Within 75 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 and the overall impact to the state budget resulting from the proposed initiative. The 75-day time limit is tolled when the Legislature is in session. The Financial Impact Estimating Conference shall submit the financial impact statement to the Attorney General and Secretary of State. If the initiative petition has been submitted to the Financial Impact Estimating Conference but the validity of signatures has expired and the initiative petition no longer qualifies for ballot placement at the ensuing general election, the Secretary of State must notify the Financial Impact Estimating Conference. The Financial Impact Estimating Conference is not required to complete an analysis and financial impact statement for an initiative petition that fails to meet the requirements of subsection (1) for placement on the ballot before the 75-day time limit, including any tolling period, expires. The initiative petition may be resubmitted to the Financial Impact Estimating Conference if the initiative petition meets the requisite criteria for a subsequent general election cycle. A new Financial Impact Estimating Conference shall be established at such time as the initiative petition again satisfies the criteria in s. 15.21(1).
(b) Immediately upon receipt of a proposed revision or amendment from the Secretary of State, the coordinator of the Office of Economic and Demographic Research shall contact the person identified as the sponsor to request an official list of all persons authorized to speak on behalf of the named sponsor and, if there is one, the sponsoring organization at meetings held by the Financial Impact Estimating Conference. All other persons shall be deemed interested parties or proponents or opponents of the initiative. The Financial Impact Estimating Conference shall provide an opportunity for any representatives of the sponsor, interested parties, proponents, or opponents of the initiative to submit information and may solicit information or analysis from any other entities or agencies, including the Office of Economic and Demographic Research.
(c) All meetings of the Financial Impact Estimating Conference shall be open to the public. The President of the Senate and the Speaker of the House of Representatives, jointly, shall be the sole judge for the interpretation, implementation, and enforcement of this subsection.
1. The Financial Impact Estimating Conference is established to review, analyze, and estimate the financial impact of amendments to or revisions of the State Constitution proposed by initiative. The Financial Impact Estimating Conference shall consist of four principals: one person from the Executive Office of the Governor; the coordinator of the Office of Economic and Demographic Research, or his or her designee; one person from the professional staff of the Senate; and one person from the professional staff of the House of Representatives. Each principal shall have appropriate fiscal expertise in the subject matter of the initiative. A Financial Impact Estimating Conference may be appointed for each initiative.
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 150 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. Any financial impact statement that a court finds not to be in accordance with this section shall be remanded solely to the Financial Impact Estimating Conference for redrafting. The Financial Impact Estimating Conference shall redraft the financial impact statement within 15 days.
3. If the Supreme Court has rejected the initial submission by the Financial Impact Estimating Conference and no redraft has been approved by the Supreme Court by 5 p.m. on the 75th day before the election, the following statement shall appear on the ballot: “The impact of this measure, if any, has not been determined at this time.”
(d) The financial impact statement must be separately contained and be set forth after the ballot summary as required in s. 101.161(1).
1. If the financial impact statement projects a net negative impact on the state budget, the ballot must include the statement required by s. 101.161(1)(b).
2. If the financial impact statement projects a net positive impact on the state budget, the ballot must include the statement required by s. 101.161(1)(c).
3. If the financial impact statement estimates an indeterminate financial impact or if the members of the Financial Impact Estimating Conference are unable to agree on the statement required by this subsection, the ballot must include the statement required by s. 101.161(1)(d).
(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.
2. If, by 5 p.m. on the 75th day before the election, the Supreme Court has not issued an advisory opinion on the initial financial impact statement prepared by the Financial Impact Estimating Conference for an initiative amendment that otherwise meets the legal requirements for ballot placement, the financial impact statement shall be deemed approved for placement on the ballot.
3. In addition to the financial impact statement required by this subsection, the Financial Impact Estimating Conference shall draft an initiative financial information statement. The initiative financial information statement should describe in greater detail than the financial impact statement any projected increase or decrease in revenues or costs that the state or local governments would likely experience if the ballot measure were approved. If appropriate, the initiative financial information statement may include both estimated dollar amounts and a description placing the estimated dollar amounts into context. The initiative financial information statement must include both a summary of not more than 500 words and additional detailed information that includes the assumptions that were made to develop the financial impacts, workpapers, and any other information deemed relevant by the Financial Impact Estimating Conference.
4. The Department of State shall have printed, and shall furnish to each supervisor of elections, a copy of the summary from the initiative financial information statements. The supervisors shall have the summary from the initiative financial information statements available at each polling place and at the main office of the supervisor of elections upon request.
5. The Secretary of State and the Office of Economic and Demographic Research shall make available on the Internet each initiative financial information statement in its entirety. In addition, each supervisor of elections whose office has a website shall post the summary from each initiative financial information statement on the website. Each supervisor shall include a copy of each summary from the initiative financial information statements and the Internet addresses for the information statements on the Secretary of State’s and the Office of Economic and Demographic Research’s websites in the publication or mailing required by s. 101.20.
(14) The Department of State may adopt rules in accordance with s. 120.54 to carry out the provisions of subsections (1)-(14).
(15) No provision of this code shall be deemed to prohibit a private person exercising lawful control over privately owned property, including property held open to the public for the purposes of a commercial enterprise, from excluding from such property persons seeking to engage in activity supporting or opposing initiative amendments.
History.s. 15, ch. 79-365; s. 12, ch. 83-251; s. 30, ch. 84-302; s. 22, ch. 97-13; s. 9, ch. 2002-281; s. 3, ch. 2002-390; s. 3, ch. 2004-33; s. 28, ch. 2005-278; s. 4, ch. 2006-119; s. 25, ch. 2007-30; s. 1, ch. 2007-231; s. 14, ch. 2008-95; s. 23, ch. 2011-40; s. 3, ch. 2019-64; s. 3, ch. 2020-15; s. 13, ch. 2022-73.

F.S. 100.371 on Google Scholar

F.S. 100.371 on Casetext

Amendments to 100.371


Arrestable Offenses / Crimes under Fla. Stat. 100.371
Level: Degree
Misdemeanor/Felony: First/Second/Third

S100.371 3 - ELECTION LAWS - INITIATIVE PETITION VIOLATION - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

J. DETZNER, v. LEAGUE OF WOMEN VOTERS OF FLORIDA,, 256 So. 3d 803 (Fla. 2018)

. . . concerning the measure prepared by the Financial Impact Estimating Conference in accordance with s. 100.371 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE VOTING RESTORATION AMENDMENT. Re FIS, 215 So. 3d 1202 (Fla. 2017)

. . . Financial Impact Estimating Conference on the constitutional amendment is in accordance with section 100.371 . . . Section 100.371(5)(c) 2, Florida Statutes (2015), requires the financial impact statement to be “clear . . . Therefore, we conclude that the financial impact statement complies with section 100.371(5). . . . Moreover, we conclude that the financial impact statement complies with section 100.371(5). . . . The language of section 100.371(5), Florida Statutes (2016), is identical to the 2015 version quoted . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE VOTER CONTROL OF GAMBLING Re FIS, 215 So. 3d 1209 (Fla. 2017)

. . . Initiative do not affirmatively mislead voters; and the financial impact statement complies with section 100.371 . . . Section 100.371(5)(a), Florida Statutes (2016), provides that the constitutionally required financial . . . Section 100.371(5)(c)2 adds that the financial impact statement must be “clear and unambiguous” and “ . . . Being only forty-five words, the financial impact statement complies with the statutory word limit. § 100.371 . . . Likewise, although the financial impact statement in this case is indefinite, it complies with section 100.371 . . .

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

. . . . § 100.371(2), Fla. Stat. (2016). . . . is subsequently subject to signature verification by the various county supervisors of elections, § 100.371 . . .

ADVISORY OPINION TO ATTORNEY GENERAL RIGHTS OF ELECTRICITY CONSUMERS REGARDING SOLAR ENERGY CHOICE. FIS, 188 So. 3d 822 (Fla. 2016)

. . . Court must determine whether the Financial Impact Statement complies with the requirements of section 100.371 . . . conclude that the accompanying Financial Impact Statement complies with the requirements of section 100.371 . . . Financial Impact Statement must be “clear and unambiguous” and “no more than .75 words in length[.]” § 100.371 . . . Accordingly, we hold that the Financial Impact Statement complies with section 100.371(5), Florida Statutes . . . Further, the Financial Impact Statement complies with section 100.371(5), Florida Statutes (2015). . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE USE OF MARIJUANA FOR DEBILITATING MEDICAL CONDITIONS. Re, 181 So. 3d 471 (Fla. 2015)

. . . Finally, we conclude that the accompanying Financial Impact Statement is in compliance with section 100.371 . . . Additionally, section 100.371(5)(a), Florida Statutes (2015), provides that the financial impact statement . . . Section 100.371(5)(c)2, Florida Statutes (2015), requires the financial impact statement to be “clear . . . Accordingly, we hold that the financial impact statement complies with section 100.371(5), Florida Statutes . . . In addition, the Financial Impact Statement is in compliance with section 100.371(5), Florida Statutes . . .

ADVISORY OPINION TO ATTORNEY GENERAL LIMITS OR PREVENTS BARRIERS TO LOCAL SOLAR ELECTRICITY SUPPLY. To, 177 So. 3d 235 (Fla. 2015)

. . . measure prepared by the Financial Impact Estimating Conference according to the requirements of section 100.371 . . . Stat.; § 100.371(5), Fla. Stat. . . . We also conclude that the accompanying Financial Impact Statement complies with section 100.371(5), Florida . . . The Legislature implemented this mandate by enactment of section 100.371(5)(a), Florida Statutes, which . . . Further, the Financial Impact Statement complies with section 100.371(5), Florida Statutes. . . .

C. MATHESON, v. MIAMI- DADE COUNTY, a, 187 So. 3d 221 (Fla. Dist. Ct. App. 2015)

. . . concerning the measure prepared by the Financial Impact Estimating Conference in accordance with s. 100.371 . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE USE OF MARIJUANA FOR CERTAIN MEDICAL CONDITIONS., 132 So. 3d 786 (Fla. 2014)

. . . Finally, we conclude that the accompanying Financial Impact Statement is in compliance with section 100.371 . . . concerning the measure prepared by the Financial Impact Estimating Conference in accordance with s. 100.371 . . . Section 100.371(5)(a), Florida Statutes, provides that this Financial Impact Statement must address “ . . . Accordingly, we hold that the Financial Impact Statement complies with section 100.371(5), Florida Statutes . . . In addition, the Financial Impact Statement is in compliance with section 100.371(5), Florida Statutes . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE WATER AND LAND CONSERVATION- DEDICATES FUNDS TO ACQUIRE AND RESTORE FLORIDA CONSERVATION AND RECREATION LANDS., 123 So. 3d 47 (Fla. 2013)

. . . section 101.161, Florida Statutes (2012); and the financial impact statement complies with section 100.371 . . . This Court reviews the corresponding financial impact statement for compliance with section 100.371, . . . Section 100.371(5)(a), Florida Statutes (2012), requires that this financial impact statement address . . . Accordingly, the financial impact statement complies with section 100.371(5), Florida Statutes (2012) . . . In addition, the financial impact statement is in accordance with section 100.371(5), Florida Statutes . . .

K. ROBERTS, v. K. DOYLE,, 43 So. 3d 654 (Fla. 2010)

. . . concerning the measure prepared by the Financial Impact Estimating Conference in accordance with s. 100.371 . . .

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

. . . The statutory amendments Section 100.371, Florida Statutes, affected by Section 25 of Chapter 2007-30 . . . Effective August 1, 2007, subsections (1) and (3) of section 100.371, Florida Statutes, are amended, . . . Furthermore, section 100.371(3), Florida Statutes (2007), prohibits the bundling of petitions together . . . Section 100.371(3) provides: The supervisor may verify that the signature on a form is valid only if: . . . Section 100.371(2), Florida Statutes (2007), provides that ”[t]he sponsor of an initiative amendment . . . in which the First District Court of Appeal held that the signature-revocation provisions of section 100.371 . . . BACKGROUND Section 100.371, Florida Statutes (2007), and Its Implementing Regulations During its 2007 . . . Const.; see also § 100.371(5), Fla. . . . Stat. (2007); § 100.371, Fla. Stat. (2006) (implementing this requirement). . . . See § 100.371(1), (6), Fla. . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE STANDARDS FOR ESTABLISHING LEGISLATIVE DISTRICT BOUNDARIES FIS FIS, 24 So. 3d 1198 (Fla. 2009)

. . . Court review the corresponding financial impact statements to evaluate their compliance with section 100.371 . . . with this Court and requested an opinion with regard to whether the statements comply with section 100.371 . . . Section 100.371(5), Florida Statutes (2008), addresses financial impact statements and provides: (5)( . . . See § 100.371(5)(c)2., Fla. Stat. (2008). . . . See § 100.371(5)(c)3., Fla. . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE REFERENDA REQUIRED FOR ADOPTION AND AMENDMENT OF LOCAL GOVERNMENT COMPREHENSIVE LAND USE PLANS, 14 So. 3d 224 (Fla. 2009)

. . . we review the corresponding financial impact statement to evaluate whether it complied with section 100.371 . . . we again review the revised financial impact statement to evaluate whether it complied with section 100.371 . . . hold that the impact statement in Land Use Plans II did not comply with the requirements of section 100.371 . . . and requested an opinion with regard to whether the second revised statement complies with section 100.371 . . . For the reasons addressed below, we hold that this statement complies with section 100.371. . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE PROPERTY TAX CAP, UNLESS VOTER APPROVED, 2 So. 3d 968 (Fla. 2009)

. . . In accordance with the requirements of section 100.371, Florida Statutes (2007), the Financial Impact . . . with the requirements of article XI, section 5, subsection (b) of the Florida Constitution and section 100.371 . . . Therefore, the FIS is in accordance with section 100.371(5). III. . . . power of government to raise revenue, and that the financial impact statement complies with section 100.371 . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE STANDARDS FOR ESTABLISHING LEGISLATIVE DISTRICT BOUNDARIES., 2 So. 3d 161 (Fla. 2009)

. . . Section 100.371, Florida Statutes (2008), addresses financial impact statements and provides: (5)(a) . . . Similarly, section 100.371 requires that the financial impact statement be “clear and unambiguous.” § . . . 100.371(5)(c)2., Fla. . . . Accordingly, the use of the same language in section 100.371 mandates that we also consider whether the . . . See § 100.371(5)(e)(l), Fla. Stat. (2008). It is so ordered. . . . Under section 100.371, this Court can review only whether the statement is clear, unambiguous, consists . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE FLORIDA GROWTH MANAGEMENT INITIATIVE GIVING CITIZENS RIGHT TO DECIDE LOCAL GROWTH MANAGEMENT PLAN CHANGES., 2 So. 3d 118 (Fla. 2008)

. . . 101.161(1), Florida Statutes (2008), and that the financial impact statement complies with section 100.371 . . . 101.161(1), Florida Statutes (2008), and that the financial impact statement complies with section 100.371 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE REFERENDA REQUIRED FOR ADOPTION AND AMENDMENT OF LOCAL GOVERNMENT COMPREHENSIVE LAND USE PLANS, 992 So. 2d 190 (Fla. 2008)

. . . that we review the corresponding financial impact statement to evaluate its compliance with section 100.371 . . . Section 100.371(5), Florida Statutes (2007), governs financial impact statements and provides: (5)(a) . . . See § 100.371(5)(a), Fla. . . . Therefore, we hold that the revised financial impact statement does not comply with section 100.371(5 . . . In accordance with section 100.371(5)(e)(l), we remand the statement to the Financial Impact Estimating . . . court of original jurisdiction may review the financial impact statement for compliance with section 100.371 . . .

ELECTED COUNTY MAYOR POLITICAL COMMITTEE, INC. v. E. SHIRK,, 989 So. 2d 1267 (Fla. Dist. Ct. App. 2008)

. . . concerning the measure prepared by the Financial Impact Estimating Conference in accordance with s. 100.371 . . . Amendment by Initiative Petition (adopted under the specific authority of sections 20.10(3), 97.012(1), 100.371 . . . Stat. (2007), and implementing §§ 100.371 and 101.161). . . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE REFERENDA REQUIRED FOR ADOPTION, 963 So. 2d 210 (Fla. 2007)

. . . that we review the corresponding financial impact statement to evaluate its compliance with section 100.371 . . . Section 100.371 of the Florida Statutes sets forth the overall procedural process relating to the requirements . . . Section 100.371(5) expressly provides that this Court shall review financial impact statements in its . . . Section 100.371 clearly mandates that one of the areas to be reviewed by this Court is the financial . . . Section 100.371(5), Florida Statutes (2006), now addresses the financial impact statement as follows: . . . outside the constitution itself for jurisdiction, the majority then looks to the “general law,” section 100.371 . . . See id. at 211-13; § 100.371(5)(c)-(e), Fla. Stat. . . . Therefore, section 100.371, Florida Statutes, which contemplates that this Court will review financial . . . Also, the form must be approved prior to or as a prerequisite to circulation. § 100.371(2), Fla. . . . In fact, section 100.371(5)(c)(2) states that "[a]ny financial impact statement that a court finds not . . .

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

. . . We also note that section 100.371(5), Florida Statutes (2006), now requires the Financial Impact Estimating . . . Section 100.371(5), Florida Statutes (2006), now addresses the financial impact statement as follows: . . . rejecting the proposed financial impact statement because phrase “range of potential impacts” in section 100.371 . . . We find no basis to reject the financial impact statement under section 100.371(6). III. . . . Likewise, the accompanying financial impact statement is in accordance with section 100.371(5). . . .

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)

. . . Section 100.371(5), Florida Statutes (2006), now addresses the financial impact statement as follows: . . . Estimating Conference from setting forth a range of potential .impacts in the financial impact statement. § 100.371 . . . rejecting the proposed financial impact statement because phrase “range of potential impacts” in section 100.371 . . . We find no basis to reject the financial impact statement under section 100.371(6). III. . . . Likewise, the accompanying financial impact statement is in accordance with section 100.371(5), Florida . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL EXTENDING EXISTING SALES TAX TO NON- TAXED SERVICES WHERE EXCLUSION FAILS TO SERVE PUBLIC PURPOSE. a a, 953 So. 2d 471 (Fla. 2007)

. . . consider whether the financial impact statements relating to each proposed amendment comport with section 100.371 . . . Pursuant to article XI, section 5(c), the Legislature amended section 100.371(6); Florida Statutes (2006 . . . Instead, section 100.371(6)(a) simply states that “the Fi- nancial Impact Estimating Conference shall . . . On October 6, 2005, pursuant to section 100.371(6)(a), Florida Statutes (2005), the Financial Impact . . . Section 100.371(6), Florida Statutes (2005), simply requires that “the Financial Impact Estimating Conference . . .

FLORIDIANS AGAINST EXPANDED GAMBLING, USA, v. FLORIDIANS FOR A LEVEL PLAYING FIELD E. C. M. P. P. L. St. Vo-, 945 So. 2d 553 (Fla. Dist. Ct. App. 2006)

. . . and the names and addresses of the paid petition gatherers were not included, in violation of section 100.371 . . .

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)

. . . opinion as to whether the financial impact statement complies with the statutory requirements of section 100.371 . . . Section 100.371(3), Florida Statutes (2005), requires the sponsor of an initiative amendment to register . . . state as a whole in the last preceding election in which presidential electors were chosen. .Section 100.371 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE FLORIDA MARRIAGE PROTECTION AMENDMENT, 926 So. 2d 1229 (Fla. 2006)

. . . requested that we review the corresponding Financial Impact Statement to evaluate compliance with section 100.371 . . . Pursuant to this constitutional section, the Legislature has enacted section 100.371(6), which provides . . . Subsection (6)(b)(4) of section 100.371 of the Florida Statutes states that if a FIS cannot be agreed . . . Stat. (2005), reveals that the FIEC clearly complied with section 100.371 of the Florida Statutes in . . . See § 100.371(6)(b)(4), Fla. Stat. (2005). . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE PROTECT PEOPLE, ESPECIALLY YOUTH, FROM ADDICTION, DISEASE, AND OTHER HEALTH HAZARDS OF USING TOBACCO, 926 So. 2d 1186 (Fla. 2006)

. . . Section 100.371(6), Florida Statutes (2005), sets out the procedure for placement of these financial . . . Section 100.371(6)(b)(3) requires that the statement be clear and unambiguous, consist of no more than . . . Application of Law The financial impact statement complies with section 100.371(6), Florida Statutes . . . The statement clearly conveys the financial impact as required by section 100.371(6)(a). . . . Accordingly, there is no basis for rejecting the financial impact statement under section 100.371(6). . . .

C. C. DOCKERY, a v. E. HOOD,, 922 So. 2d 258 (Fla. Dist. Ct. App. 2006)

. . . The disputed statute in this case is section 100.371, Florida Statutes (2003). . . . In 1997, the Florida Legislature approved amendments to section 100.371. . . . See § 100.371, Fla. Stat. (1999). . . . in the 1998 general election); see also § 100.371 n. 1, Fla. . . . See § 100.371, Fla. Stat. (Supp.1998). . . .

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)

. . . this Court for an advisory opinion as to whether the Financial Impact Statement complies with section 100.371 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE AUTHORIZES MIAMI- DADE AND BROWARD COUNTY VOTERS TO APPROVE SLOT MACHINES IN PARIMUTUEL FACILITIES, 882 So. 2d 966 (Fla. 2004)

. . . & Broward County to Approve Slot Machines in Parimutuel Facilities,” is in accordance with section 100.371 . . . The Court finds no basis for rejecting the revised financial impact statement under section 100.371(6 . . . by the more detailed financial information statement prepared by the Conference pursuant to section 100.371 . . . And the statutory provision enacted pursuant to the constitutional mandate, section 100.371(6)(b), requires . . . revised financial impact statement to the Conference with directions to redraft pursuant to section 100.371 . . .

ADVISORY OPINION TO ATTORNEY GENERAL REPEAL OF HIGH SPEED RAIL AMENDMENT, 880 So. 2d 628 (Fla. 2004)

. . . initiative petition, entitled “Repeal of the High Speed Rail Amendment,” is in accordance with section 100.371 . . . Pursuant to article XI, section 5(b), the Legislature amended section 100.371(6)(a), Florida Statutes . . . Further, the Legislature amended section 100.371(6)(b), Florida Statutes, which provides as follows in . . . Reading section 100.371(6)(b)(3) in conjunction with section 100.371(6)(a), as well as with article XI . . . , section 5(b), Florida Constitution, the phrase “range of potential impacts” in section 100.371(6)(b . . . See §§ 100.371(6)(a) and 100.371(6)(b)(3), Fla. . . . impact statement prepared by the Financial Impact Estimating Conference is in accordance with section 100.371 . . . that there be a “clear and unambiguous financial impact statement, no more than 75 words in length.” § 100.371 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE PUBLIC PROTECTION FROM REPEATED MEDICAL MALPRACTICE, 880 So. 2d 686 (Fla. 2004)

. . . petition, entitled “Public Protection from Repeated Medical Malpractice,” is in accordance with section 100.371 . . . Pursuant to article XI, section 5(b), the Legislature amended section 100.371(6)(a), Florida Statutes . . . Further, the Legislature amended section 100.371(6)(b), Florida Statutes, to provide as follows in relevant . . . Reading section 100.371(6)(b)(3) in conjunction with section 100.371(6)(a), as well as with article XI . . . , section 5(b), Florida Constitution, the phrase “range of potential impacts” in section 100.371(6)(b . . . impact statement prepared by the Financial Impact Estimating Conference is in accordance with section 100.371 . . . that there be “a clear and unambiguous financial impact statement, no more than 75 words in length.” § 100.371 . . . I conclude that the statement complies with the requirements of section 100.371(6), Florida Statutes, . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE AUTHORIZES MIAMI- DADE BROWARD COUNTY VOTERS TO APPROVE SLOT MACHINES IN PARIMUTUEL FACILITIES, 880 So. 2d 689 (Fla. 2004)

. . . Broward County Voters to Approve Slot Machines in Parimutuel Facilities,” is in accordance with section 100.371 . . . Pursuant to article XI, section 5(b), the Legislature amended section 100.371(6)(a), Florida Statutes . . . Further, the Legislature amended section 100.371(6)(b), Florida Statutes, to provide as follows in relevant . . . Reading section 100.371(6)(b)(3) in conjunction with section 100.371(6)(a), as well as with article XI . . . , section 5(b), Florida Constitution, the phrase “range of potential impacts” in section 100.371(6)(b . . .

EIGHT IS ENOUGH IN PINELLAS, a A. v. RUGGLES,, 678 So. 2d 898 (Fla. Dist. Ct. App. 1996)

. . . . § 100.371(2), Fla. Stat. (1995). . . .

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

. . . . § 100.371(3) (West 1982). . . . StatAnn. § 100.371(3) (West 1982); Fla.Admin.Code Ann. r. 1S-2.009(1) (1996). . . . Fla.Stat.Ann. § 100.371(4) (West Supp. 1996), Fla.Stat.Ann. § 99.097(4) (West Supp. 1996). . . . Stat.Ann. § 100.371(2). . . .

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

. . . doing, he raises four issues which he believes require judicial determination: (1) whether section 100.371 . . . Moreover, there is nothing in section 100.371(2) that prevents this Court from reviewing an initiative . . . See § 100.371(2), Fla.Stat. (1993) (stating that signatures obtained on initiative petitions are valid . . . Section 100.371(2) reads: Such certification shall be issued when the Secretary of State has received . . .

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

. . . also noted that the verified signatures it had collected were valid for four years pursuant to section 100.371 . . . substance, and text of the proposed revision or amendment to the Secretary of State pursuant to ss. 100.371 . . .

Dr. B. FULANI, v. KRIVANEK,, 973 F.2d 1539 (11th Cir. 1992)

. . . . § 100.371. . . . .

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

. . . . §§ 100.371(3), 106.03. . . . Fla.Stat.Ann. § 100.371(3). . . . Stat.Ann. § 100.371(4); Dept. of State Reg. 1C-7.0091 (1988). . . . FIa.Stat.Ann. § 100.371(4). . . . . §§ 100.371(4) & 15.21 (1987). . . . Fla.Stat. § 100.371(3) and (5) (1987). . . .

STATE CITIZENS PROPOSITION FOR TAX RELIEF, E. v. FIRESTONE,, 386 So. 2d 561 (Fla. 1980)

. . . The legislature has acted through enactment of section 100.371, Florida Statutes (1979). . . . Pursuant to section 100.371(6), the Department of State had promulgated rule 1C-7.091, Florida Administrative . . . By an original proceeding in mandamus petitioners seek relief from the provisions of section 100.371, . . . placing constitutional amendments on the ballot by initiative petition, through the enactment of section 100.371 . . . state asserts that the rule was necessary to comply with the legislative mandate set forth in section 100.371 . . . In implementing section 100.371, Florida Statutes (1979), the department of state has determined by its . . .