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Florida Statute 101.161 | Lawyer Caselaw & Research
F.S. 101.161 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 101
VOTING METHODS AND PROCEDURE
View Entire Chapter
F.S. 101.161
101.161 Referenda; ballots.
(1) Whenever a constitutional amendment or other public measure is submitted to the vote of the people, a ballot summary of such amendment or other public measure shall be printed in clear and unambiguous language on the ballot after the list of candidates, followed by the word “yes” and also by the word “no,” and shall be styled in such a manner that a “yes” vote will indicate approval of the proposal and a “no” vote will indicate rejection. The ballot summary of the amendment or other public measure and the ballot title to appear on the ballot shall be embodied in the constitutional revision commission proposal, constitutional convention proposal, taxation and budget reform commission proposal, or enabling resolution or ordinance. The ballot summary of the amendment or other public measure shall be an explanatory statement, not exceeding 75 words in length, of the chief purpose of the measure. In addition, for every constitutional amendment proposed by initiative, the ballot shall include, following the ballot summary, in the following order:
(a) A separate financial impact statement concerning the measure prepared by the Financial Impact Estimating Conference in accordance with s. 100.371(13).
(b) If the financial impact statement projects a net negative impact on the state budget, the following statement in bold print:

THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO HAVE A NET NEGATIVE IMPACT ON THE STATE BUDGET. THIS IMPACT MAY RESULT IN HIGHER TAXES OR A LOSS OF GOVERNMENT SERVICES IN ORDER TO MAINTAIN A BALANCED STATE BUDGET AS REQUIRED BY THE CONSTITUTION.

(c)1. If the financial impact statement projects a net positive impact on the state budget resulting in whole or in part from additional tax revenue, the following statement in bold print:

THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO HAVE A NET POSITIVE IMPACT ON THE STATE BUDGET. THIS IMPACT MAY RESULT IN GENERATING ADDITIONAL REVENUE OR AN INCREASE IN GOVERNMENT SERVICES.

2. If the financial impact statement projects a net positive impact on the state budget for reasons other than those specified in subparagraph 1., the following statement in bold print:

THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO HAVE A NET POSITIVE IMPACT ON THE STATE BUDGET. THIS IMPACT MAY RESULT IN LOWER TAXES OR AN INCREASE IN GOVERNMENT SERVICES.

(d) If the financial impact statement is indeterminate or the members of the Financial Impact Estimating Conference are unable to agree on the financial impact statement, the following statement in bold print:

THE FINANCIAL IMPACT OF THIS AMENDMENT CANNOT BE DETERMINED DUE TO AMBIGUITIES AND UNCERTAINTIES SURROUNDING THE AMENDMENT’S IMPACT.

The ballot title shall consist of a caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of. This subsection does not apply to constitutional amendments or revisions proposed by joint resolution.

(2) The ballot summary and ballot title of a constitutional amendment proposed by initiative shall be prepared by the sponsor and approved by the Secretary of State in accordance with rules adopted pursuant to s. 120.54. The Department of State shall give each proposed constitutional amendment a designating number for convenient reference. This number designation shall appear on the ballot. Designating numbers shall be assigned in the order of filing or certification and in accordance with rules adopted by the Department of State. The Department of State shall furnish the designating number, the ballot title, and, unless otherwise specified in a joint resolution, the ballot summary of each amendment to the supervisor of elections of each county in which such amendment is to be voted on.
(3)(a) Each joint resolution that proposes a constitutional amendment or revision shall include one or more ballot statements set forth in order of priority. Each ballot statement shall consist of a ballot title, by which the measure is commonly referred to or spoken of, not exceeding 15 words in length, and a ballot summary that describes the chief purpose of the amendment or revision in clear and unambiguous language. If a joint resolution that proposes a constitutional amendment or revision contains only one ballot statement, the ballot summary may not exceed 75 words in length. If a joint resolution that proposes a constitutional amendment or revision contains more than one ballot statement, the first ballot summary, in order of priority, may not exceed 75 words in length.
(b) The Department of State shall furnish a designating number pursuant to subsection (2) and the appropriate ballot statement to the supervisor of elections of each county. The ballot statement shall be printed on the ballot after the list of candidates, followed by the word “yes” and also by the word “no,” and shall be styled in such a manner that a “yes” vote will indicate approval of the amendment or revision and a “no” vote will indicate rejection.
(c)1. Any action for a judicial determination that one or more ballot statements embodied in a joint resolution are defective must be commenced by filing a complaint or petition with the appropriate court within 30 days after the joint resolution is filed with the Secretary of State. The complaint or petition shall assert all grounds for challenge to each ballot statement. Any ground not asserted within 30 days after the joint resolution is filed with the Secretary of State is waived.
2. The court, including any appellate court, shall accord an action described in subparagraph 1. priority over other pending cases and render a decision as expeditiously as possible. If the court finds that all ballot statements embodied in a joint resolution are defective and further appeals are declined, abandoned, or exhausted, unless otherwise provided in the joint resolution, the Attorney General shall, within 10 days, prepare and submit to the Department of State a revised ballot title or ballot summary that corrects the deficiencies identified by the court, and the Department of State shall furnish a designating number and the revised ballot title or ballot summary to the supervisor of elections of each county for placement on the ballot. The revised ballot summary may exceed 75 words in length. The court shall retain jurisdiction over challenges to a revised ballot title or ballot summary prepared by the Attorney General, and any challenge to a revised ballot title or ballot summary must be filed within 10 days after a revised ballot title or ballot summary is submitted to the Department of State.
(4)(a) For any general election in which the Secretary of State, for any circuit, or the supervisor of elections, for any county, has certified the ballot position for an initiative to change the method of selection of judges, the ballot for any circuit must contain the statement in paragraph (b) or paragraph (c) and the ballot for any county must contain the statement in paragraph (d) or paragraph (e).
(b) In any circuit where the initiative is to change the selection of circuit court judges to selection by merit selection and retention, the ballot shall state: “Shall the method of selecting circuit court judges in the   (number of the circuit)   judicial circuit be changed from election by a vote of the people to selection by the judicial nominating commission and appointment by the Governor with subsequent terms determined by a retention vote of the people?” This statement must be followed by the word “yes” and also by the word “no.”
(c) In any circuit where the initiative is to change the selection of circuit court judges to election by the voters, the ballot shall state: “Shall the method of selecting circuit court judges in the   (number of the circuit)   judicial circuit be changed from selection by the judicial nominating commission and appointment by the Governor with subsequent terms determined by a retention vote of the people to election by a vote of the people?” This statement must be followed by the word “yes” and also by the word “no.”
(d) In any county where the initiative is to change the selection of county court judges to merit selection and retention, the ballot shall state: “Shall the method of selecting county court judges in   (name of county)   be changed from election by a vote of the people to selection by the judicial nominating commission and appointment by the Governor with subsequent terms determined by a retention vote of the people?” This statement must be followed by the word “yes” and also by the word “no.”
(e) In any county where the initiative is to change the selection of county court judges to election by the voters, the ballot shall state: “Shall the method of selecting county court judges in   (name of the county)   be changed from selection by the judicial nominating commission and appointment by the Governor with subsequent terms determined by a retention vote of the people to election by a vote of the people?” This statement must be followed by the word “yes” and also by the word “no.”
History.s. 34, ch. 4328, 1895; GS 218; RGS 262; CGL 318; ss. 1-11, ch. 16180, 1933; s. 1, ch. 16877, 1935; s. 4, ch. 17898, 1937; s. 1, ch. 22626, 1945; s. 5, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s. 1, ch. 73-7; s. 13, ch. 77-175; s. 16, ch. 79-365; s. 2, ch. 80-305; s. 32, ch. 84-302; s. 11, ch. 90-203; s. 10, ch. 99-355; s. 1, ch. 2000-361; s. 4, ch. 2001-75; s. 5, ch. 2002-390; s. 5, ch. 2004-33; s. 11, ch. 2005-2; s. 33, ch. 2005-278; s. 29, ch. 2011-40; s. 6, ch. 2013-57; s. 16, ch. 2020-2; s. 4, ch. 2020-15.
Note.Former s. 99.16.

F.S. 101.161 on Google Scholar

F.S. 101.161 on Casetext

Amendments to 101.161


Arrestable Offenses / Crimes under Fla. Stat. 101.161
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 101.161.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DEPARTMENT OF STATE, v. HOLLANDER, v., 256 So. 3d 1300 (Fla. 2018)

. . . Section 101.161(1), Florida Statutes (2018), provides the following ballot title and summary requirements . . . This Court's review of the validity of a ballot title and summary under section 101.161(1) involves two . . . Tax Cap, Unless Voter Approved , 2 So.3d 968, 976 (Fla. 2009) (citing § 101.161(1), Fla. . . .

J. DETZNER, v. ANSTEAD,, 256 So. 3d 820 (Fla. 2018)

. . . See § 101.161(2), Fla. . . . The court held that such bundling violates section 101.161(1), Florida Statutes, and potentially deprives . . . Nor does the bundling of multiple, unrelated measures violate section 101.161(1), Florida Statutes. . . . See § 101.161(1). . . . Section 101.161(1) clearly allows multi-subject revisions, where a "yes" vote indicates approval and . . .

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

. . . of Revision 8 on the ballot would violate Article XI, Section 5, Florida Constitution, and Section 101.161 . . . Section 101.161(1) provides: Whenever a constitutional amendment or other public measure is submitted . . . subsection does not apply to constitutional amendments or revisions proposed by joint resolution. § 101.161 . . . The purpose of section 101.161 is to ensure that voters are advised of the amendment's true meaning. . . . In assessing the ballot title and summary for compliance with section 101.161(1), the reviewing court . . .

COUNTY OF VOLUSIA, v. J. DETZNER,, 253 So. 3d 507 (Fla. 2018)

. . . whether the ballot language sets forth the substance of the amendment in a manner consistent with section 101.161 . . . Section 101.161(1) requires that a constitutional amendment "submitted to the vote of the people" include . . .

DEPARTMENT OF STATE, v. FLORIDA GREYHOUND ASSOCIATION, INC., 253 So. 3d 513 (Fla. 2018)

. . . . § 101.161(1), Fla. Stat. (2018) ; see also Armstrong v. . . . Harris , 773 So.2d 7, 12 (Fla. 2000) (explaining that section 101.161 codifies the "accuracy requirement . . . caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of." § 101.161 . . . As required by section 101.161(1), Florida Statutes, the CRC's report also includes the language to appear . . . Section 101.161 requires the ballot summary and title to be read together." . . .

ANDREWS, Dr. P. v. CITY OF JACKSONVILLE, a, 250 So. 3d 172 (Fla. App. Ct. 2018)

. . . ." § 101.161(1), Fla. Stat. . . . In construing § 101.161, the "[Florida Supreme Court] has explained 'that the ballot [must] be fair and . . . Florida law limits the length of ballot summaries to just 75 words. § 101.161(1), Fla. . . .

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

. . . Constitution; and (2) whether the ballot title and summary satisfy the clarity requirements of section 101.161 . . . Ballot Title and Summary Section 101.161(1) provides the following requirements for the ballot title . . . This Court’s review of the validity of a ballot title and summary under section 101.161(1) involves two . . . in length and the summary contains sixty-two words, which is within the word requirements of section 101.161 . . . section 3 of the Florida Constitution, and that the ballot title and summary complies with section 101.161 . . .

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

. . . Florida Constitution; and (2) whether the ballot title and summary satisfy the requirements of section 101.161 . . . Florida Constitution; and (2) whether the ballot title and summary violate the requirements of section 101.161 . . . Section 101.161(1), Florida Statutes (2016), “governs the requirements for the ballot title and summary . . . See § 101.161(1), Fla. Stat. (2016). . . . that the ballot title and summary of the Initiative comply with the clarity requirements of section 101.161 . . . When addressing the clarity requirements of section 101.161(1), Florida Statutes, this Court has explained . . .

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

. . . Second, we must determine whether the ballot title and summary satisfy the requirements of section 101.161 . . . See § 101.161(1), Fla. Stat. (2015). . . . We also conclude that the ballot title and summary -comply with section 101.161(1) because they are not . . . BALLOT TITLE AND SUMMARY Under section 101.161(1), Florida Statutes (2015), “[t]he -ballot • summary . . . The basic purpose of section 101.161 is “to provide fair notice of the content of the proposed amendment . . .

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

. . . We-also conclude that the ballot title and summary comply with section 101.161(1), Florida Statutes ( . . . Constitution; and (2) whether the ballot title and summary satisfy the clarity requirements of section 101.161 . . . Section 101.161(1), Florida Statutes (2016) provides the following clarity requirements for the ballot . . . This Court’s review of the validity of a ballot title and summary under section 101.161(1) involves two . . . summary satisfy the legal requirements of article XI, section 3, of the Florida Constitution, and section 101.161 . . .

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

. . . Second, we must determine if the ballot title and summary satisfy the requirements of section 101.161 . . . summary of such amendment ... shall be printed in clear and unambiguous language on the ballot.” § 101.161 . . . Section 101.161(1) also mandates that the ballot summary of the amendment “shall be an explanatory statement . . . , not exceeding 75 words in length, of the chief purpose of the measure.” § 101.161(1), Fla. . . . See § 101.161(1), Fla. Stat.; § 100.371(5), Fla. Stat. . . . Section 101.161(1), Florida Statutes (2014), provides the following clarity requirements for the ballot . . . This Court’s review of the validity of a ballot title and summary under section 101.161(1) involves two . . .

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

. . . In addition, section 101.161(1), Florida Statutes (2012), states: (1) Whenever a constitutional amendment . . . “hid the ball,” in violation of section 101.161(1) because it did not disclose that the expansion was . . . On appeal, Matheson contends that the ballot language fails the- requirements of section 101.161(1) by . . . Harris, 773 So.2d 7, 11 (Fla. 2000). ' Section' 101.161(1) requires that the substance- of the public . . . Florida courts have previously held that section 101.161(1) does not require excessive detail. . . . disclose material information necessary for the public to' make an informed decision under section 101.161 . . . County argued that section 101.161 was not violated because the required amendment of the Master Plan . . . Firestone, 421 So.2d 151, 155-56 (Fla.1982) (confirming thát section 101.161 applies to “all ballots” . . . Comm’rs of Sarasota Cnty., 567 So.2d 414, 416 (Fla. 1990) (applying section 101.161 to a county ballot . . . The purpose of section 101.161 is to assure that the electorate is'a’dvised of the true meaning, and . . . of the referendum without “flying under false colors” or “hiding the ball,” thus satisfying section 101.161 . . .

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

. . . the petition satisfies the constitutional single-subject requirement and the requirement of section 101.161 . . . Section 101.161(1) requires that that ballot title and summary state “in clear and unambiguous language . . . As we held in Smith, “we are required by section 101.161 [Florida Statutes] to ensure that the ballot . . . Section 101.161(1), Fla. . . . See § 101.161(3)(b)2., Fla. Stat. (2011). . . . Florida Constitution; and (2) whether the ballot title and summary satisfy the requirements of section 101.161 . . . We also conclude that the ballot title and summary comply with section 101.161(1) because they are not . . . subsection does not apply to constitutional amendments or revisions proposed by joint resolution. § 101.161 . . . 101.161 requires that the ballot title and summary for a proposed constitutional amendment state in . . . See § 101.161(1), Fla. Stat. . . . Fla.2004) (detailing this Court’s review of the validity of a ballot title and summary under section 101.161 . . .

FLORIDA CARRY, INC. v. UNIVERSITY OF NORTH FLORIDA,, 133 So. 3d 966 (Fla. Dist. Ct. App. 2013)

. . . this amendment to fail its ballot title and summary review in the supreme court pursuant to section 101.161 . . .

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)

. . . article XI, section 3 of the Florida Constitution; the ballot title and summary comply with section 101.161 . . . requirement of article XI, section 3, and as to whether the ballot title and summary comply with section 101.161 . . . Ballot Title and Summary Section 101.161(1), Florida Statutes (2012), sets forth the requirements for . . . When reviewing the validity of a ballot title and summary under section 101.161(1), the Court asks two . . . and summary meet the legal requirements of article XI, section 3, Florida Constitution, and section 101.161 . . .

LET MIAMI BEACH DECIDE, a v. CITY OF MIAMI BEACH,, 120 So. 3d 1282 (Fla. Dist. Ct. App. 2013)

. . . ballot questions in a manner that accurately communicates their true effect as required by section 101.161 . . . The issues in this case concern the legality of the ballot provisions under section 101.161. . . . should be removed from the ballot under section 101.161. . . . Nevertheless, section 101.161(1) requires, in part: Whenever a constitutional amendment or other public . . . In evaluating a proposed ballot for accuracy and clarity under section 101.161, a court looks beyond . . .

FLORIDA HOUSE OF REPRESENTATIVES, v. LEAGUE OF WOMEN VOTERS OF FLORIDA,, 118 So. 3d 198 (Fla. 2013)

. . . single-subject requirement and that the accompanying ballot titles and summaries complied with section 101.161 . . .

TELLI, v. BROWARD COUNTY,, 94 So. 3d 504 (Fla. 2012)

. . . amendment was not contrary to the state constitution and that the ballot language did not violate section 101.161 . . .

In SENATE JOINT RESOLUTION OF LEGISLATIVE APPORTIONMENT B, 89 So. 3d 872 (Fla. 2012)

. . . because the first sentence of the ballot summary was misleading and thus did not comply with section 101.161 . . .

S. O CONNELL, v. MARTIN COUNTY, a, 84 So. 3d 463 (Fla. Dist. Ct. App. 2012)

. . . ECONOMIC DEVELOPMENT INCENTIVE AD VALOREM TAX EXEMPTION,” does not comply with the mandate of section 101.161 . . . Section 101.161(1), requires that ballot titles “consist of a caption, not exceeding 15 words in length . . . Section 101.161(1) provides: “The ballot summary of the amendment or other public measure shall be an . . . The “Court has always interpreted section 101.161(1) to mean that the ballot title and summary must be . . .

CITY OF RIVIERA BEACH, a v. RIVIERA BEACH CITIZENS TASK FORCE, a, 87 So. 3d 18 (Fla. Dist. Ct. App. 2012)

. . . the ballot language was ambiguous; that the question was placed on the ballot in violation of section 101.161 . . . motion the placement of the referendum on the ballot satisfied its ministerial duty pursuant to section 101.161 . . . Section 101.161(1),- Florida Statutes (2010), requires that “the substance of ... . . . It relies on section 101.161(1) as requiring it to pass a resolution before an amendment may be placed . . . Because the ballot summary did not comply with section 101.161(1), the supervisor of elections refused . . .

PRESERVE PALM BEACH POLITICAL ACTION COMMITTEE v. TOWN OF PALM BEACH,, 50 So. 3d 1176 (Fla. Dist. Ct. App. 2010)

. . . proposed amendment based on whether the amendment was clear and unambiguous as required by section 101.161 . . .

FLORIDA EDUCATION ASSOCIATION, v. FLORIDA DEPARTMENT OF STATE,, 48 So. 3d 694 (Fla. 2010)

. . . asking the trial court to determine whether the ballot summary complies with the requirements of section 101.161 . . . Section 101.161(1), Florida Statutes (2009), is a “codification of the accuracy requirement implicit . . . Thus, section 101.161(1) provides that the substance of a proposed constitutional amendment must be printed . . . language sets forth the substance of the amendment in a manner that satisfies the requirements of section 101.161 . . . the ballot information properly informed the voters in accordance with the requirements of section 101.161 . . .

FLORIDA DEPARTMENT OF STATE, v. MANGAT,, 43 So. 3d 642 (Fla. 2010)

. . . ballot title, and the amendment comply with the requirements of the Florida Constitution and section 101.161 . . . an explanatory statement, not exceeding 75 words in length, of the chief purpose of the measure.” § 101.161 . . . an explanatory statement, not exceeding 75 words in length, of the chief purpose of the measure.” § 101.161 . . . court’s order finding the ballot summary for Amendment 9 does not meet the requirements of section 101.161 . . . a ballot summary, it must be an "explanatory statement ... of the chief purpose of the measure.” § 101.161 . . . .” § 101.161(1), Fla. Stat. (1999). . . .

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

. . . Section 101.161(1), Florida Statutes (2009), is a “codification of the accuracy requirement implicit . . . Section 101.161(1) provides: Whenever a constitutional amendment or other public measure is submitted . . . The purpose of section 101.161 is to ensure that voters are advised of the amendment’s true meaning. . . . In assessing the ballot title and summary for compliance with section 101.161(1), the reviewing court . . . Whether the Ballot Title and Summary for Amendment 3 Complies With the Requirements of Section 101.161 . . .

FLORIDA DEPARTMENT OF STATE, v. FLORIDA STATE CONFERENCE OF NAACP BRANCHES,, 43 So. 3d 662 (Fla. 2010)

. . . Section 101.161, Florida Statutes (2009), provides that whenever a constitutional amendment is proposed . . . See § 101.161(1), Fla. Stat. (2009). . . . We have held that “[t]he purpose of section 101.161(1) is to assure that the electorate is advised of . . . “Section 101.161(1) is a codification of the accuracy requirement implicit in article XI, section 5 of . . . To conform to section 101.161(1), the ballot language “must state ‘the chief purpose’ of the proposed . . .

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

. . . article XI, section 3 of the Florida Constitution or the ballot title and summary requirements of section 101.161 . . . whether the ballot titles and summaries are printed in clear and unambiguous language pursuant to section 101.161 . . . ballot title and summary comply with article XI, section 3 of the Florida Constitution and section 101.161 . . . XI, section 3 of the Florida Constitution and the ballot title and summary requirements of section 101.161 . . . article XI, section 3, and that the accompanying ballot titles and summaries complied with section 101.161 . . . the Florida Constitution, and the requirements for the ballot title and summary delineated in section 101.161 . . . amendment and ballot title and summary comply with article XI, section 3, Florida Constitution, and section 101.161 . . .

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

. . . confirm compliance with the explicit and implicit requirements of article XI, sections 3 and 5, see § 101.161 . . . Const.; Armstrong, 773 So.2d at 14-22; see also § 101.161(1), Fla. . . . XI, section 3, and the implicit accuracy requirement of article XI, section 5, codified at section 101.161 . . . For example, section 101.161(1), Florida Statutes (2007), requires any initiative amendment to contain . . .

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

. . . the 75th day before the election, the following statement shall appear on the ballot pursuant to s. 101.161 . . .

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

. . . of the Florida Constitution, but the ballot summary is misleading and does not comply with section 101.161 . . . to whether the ballot title and summary of the proposed constitutional amendment comply with section 101.161 . . . Section 101.161(1), Florida Statutes, which sets forth the statutory requirements for the title and summary . . . We have said that the purpose of section 101.161 is to ensure that voters are advised of the amendment . . . The ballot title in this case complies with the technical requirements of section 101.161(1). . . .

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

. . . Section 101.161 requires that ballot titles and summaries “be printed in clear and unambiguous” language . . . . § 101.161(1), Fla. . . . We have held that the “clear and unambiguous” language in section 101.161(1) requires us to consider . . . section 3 of the Florida Constitution, and whether the ballot titles and summaries comply with section 101.161 . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE STANDARDS FOR ESTABLISHING LEGISLATIVE DISTRICT BOUNDARIES. Re, 2 So. 3d 175 (Fla. 2009)

. . . section 3 of the Florida Constitution, and that the ballot titles and summaries comply with section 101.161 . . . Ballot Title and Summary The requirement that a ballot title and summary comply with section 101.161( . . . Section 101.161(1), Florida Statutes (2007), codifies this principle: Whenever a constitutional amendment . . . whether the ballot title and summary of [the proposed amendment] satisfy the requirements of section 101.161 . . . these three words does not render them so misleading as to clearly and conclusively violate section 101.161 . . .

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)

. . . article XI, section 3 of the Florida Constitution, that the ballot title and summary comply with section 101.161 . . . Ballot Title and Summary Section 101.161, Florida Statutes (2008), sets forth the requirements for the . . . explained that [I]n conducting its inquiry into the validity of a proposed amendment under section 101.161 . . . The ballot title and summary in this case comply with the word-length limitations of section 101.161( . . . The ballot title and summary satisfy the requirements of section 101.161, Florida Statutes (2008). . . . Section 101.161(1), Florida Statutes (2008), provides in relevant part that “[wjhenever a constitutional . . . caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of.” § 101.161 . . . Further, we have explained that section 101.161(1), which sets forth the statutory requirements for the . . . As revised, this title and summary provide the clarity and accuracy that section 101.161(1), Florida . . . Court’s responsibility to ensure the clarity of ballot titles and summaries in accordance with section 101.161 . . .

CITIZENS FOR TERM LIMITS ACCOUNTABILITY, INC. a v. LYONS, A. a, 995 So. 2d 1051 (Fla. Dist. Ct. App. 2008)

. . . Section 101.161(1), Florida Statutes (2008), requires a “ballot title” which “shall consist of a caption . . . The purpose of section 101.161(1) is “to provide fair notice of the content of the proposed amendment . . . Section 101.161(1) also applies when amendments to the Florida Constitution are proposed. . . . Section 101.161(1) outlaws “advantageous but misleading ‘wordsmithing’ ... in the crafting of ballot . . . the commission” proposal does not specify dates, it is not misleading within the meaning of section 101.161 . . .

MIAMI- DADE COUNTY v. VILLAGE OF PINECREST,, 994 So. 2d 456 (Fla. Dist. Ct. App. 2008)

. . . Miami-Dade County Home Rule Charter on the ground that it fails the ballot accuracy requirements of section 101.161 . . . Florida law, as codified in section 101.161 of the Florida Statutes, requires that voters must be told . . . Section 101.161(1) reads in relevant part: Whenever a constitutional amendment or other public measure . . .

FORD, v. BROWNING,, 992 So. 2d 132 (Fla. 2008)

. . . Section 101.161(1), Florida Statutes (2007), which governs the statutory requirements for ballot titles . . . significant aspect of the amendment, causes a proposal to violate the statutory requirements of section 101.161 . . .

FLORIDA DEPARTMENT OF STATE, v. SLOUGH,, 992 So. 2d 142 (Fla. 2008)

. . . and fail to adequately inform voters of the chief purposes of the amendment in violation of section 101.161 . . . Section 101.161(1), Florida Statutes (2007), codifies this principle: Whenever a constitutional amendment . . . determine whether the ballot title and summary of proposed Amendment 5 satisfy the requirements of section 101.161 . . . the ballot title and summary for proposed Amendment 5 are misleading and do not comply with section 101.161 . . .

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

. . . Second, he argued that the Ballot Summary was misleading in violation of section 101.161(1), Florida . . . Shirk had not shown a clear and conclusive violation of the governing law, section 101.161(1), and that . . . In conducting its inquiry into the validity of a proposed amendment under section 101.161(1), the Court . . . Section 101.161(1) deals with referenda and ballots. . . . Stat. (2007), and implementing §§ 100.371 and 101.161). . . . .

BRUMM, v. VILLAGE OF BISCAYNE PARK,, 976 So. 2d 622 (Fla. Dist. Ct. App. 2008)

. . . See § 101.161(1), Fla. Stat. (2005); Advisory Op. to Att’y Gen. re Ltd. . . .

W. FELDMAN, v. CITY OF NORTH MIAMI,, 973 So. 2d 647 (Fla. Dist. Ct. App. 2008)

. . . Municipal Charter Amendment adopted by popular vote was invalid because the ballot summary violated section 101.161 . . . Section 101.161 in pertinent part provides: Whenever a constitutional amendment or other public measure . . . an explanatory statement, not exceeding 75 words in length, of the chief purpose of the measure. § 101.161 . . .

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

. . . the 75th day before the election, the following statement shall appear on the ballot pursuant to s. 101.161 . . . statement must be separately contained and be set forth after the ballot summary as required in s. 101.161 . . . Section 101.161(1) also provides guidance, demonstrating that the financial impact statement is simply . . . caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of. § 101.161 . . . Even section 101.161 is not so explicit with regard to the judicial review over the other portions relating . . . whether the ballot titles and summaries are printed in clear and unambiguous language pursuant to section 101.161 . . . the electors must include the ballot summary and title, both of which are prepared by the sponsor. §§ 101.161 . . .

CITY OF HIALEAH, v. DELGADO, Jr., 963 So. 2d 754 (Fla. Dist. Ct. App. 2007)

. . . .” § 101.161(1), Fla. Stat. (2006). . . . standing to challenge ballot language on a claim that the language fails to comply with subsection 101.161 . . . So.2d 856, 864 (Fla. 1st DCA 2002)(“Citizens who are adversely affected by the exemption in section 101.161 . . . THE STRAW BALLOT LANGUAGE As set out above, subsection 101.161(1) requires that the substance of the . . . Subsection 101.161(1) provides: (1) Whenever a constitutional amendment or other public measure is submitted . . .

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

. . . the ballot titles and summaries are printed in clear and unambiguous language pursuant" to section 101.161 . . . caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of. § 101.161 . . . we emphasized in approving a ballot summary, “Given the seventy-five word limit contained in section 101.161 . . . Accordingly; we conclude the instant summary fulfills the basic purpose of section 101.161, Florida Statutes . . . Research” meet the legal requirements of article XI, section B of the Florida Constitution and section 101.161 . . .

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)

. . . whether the ballot titles and summaries are printed in clear and unambiguous language pursuant to section 101.161 . . . Ballot Title and Summary The title and ballot summary of any proposed amendment must comply with section 101.161 . . . caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of. § 101.161 . . . We find no basis to reject the proposed summary and ballot title under section 101.161, Florida Statutes . . . embryo” meets the legal requirements of article XI, section 3 of the Florida Constitution, and section 101.161 . . .

FLORIDA HOMETOWN DEMOCRACY, INC. v. M. COBB,, 953 So. 2d 666 (Fla. Dist. Ct. App. 2007)

. . . based on its finding that SJR 2394’s ballot language met the minimum requirements set out in section 101.161 . . . Section 101.161(1), Florida Statutes (2004), codifies article XI, section 5 of the Florida Constitution . . . The purpose of section 101.161 is to ensure that voters are advised of the amendment’s true meaning. . . . The State asserts that the Legislature enacted section 101.161(1), Florida Statutes (2004), to ensure . . . To the extent appellants argue that section 101.161(1) as applied, is discriminatory, appellants must . . .

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)

. . . Constitution; and (2) whether the ballot title and summary violate the clarity requirements of section 101.161 . . . Section 101.161, Florida Statutes (2006), sets forth the requirements for the ballot title and summary . . . caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of. § 101.161 . . . In conducting its inquiry into the validity of a proposed amendment under section 101.161(1), the Court . . .

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)

. . . The accuracy requirement, codified as section 101.161(1), Florida Statutes (1997), provided the fulcrum . . . In Wadhams, the court had applied section 101.161(1) to an amendment by referendum of the Sarasota County . . .

ADVISORY OPINION TO ATTORNEY GENERAL REFERENDA REQUIRED FOR ADOPTION AND AMENDMENT OF LOCAL GOVERNMENT COMPREHENSIVE LAND USE PLANS, 938 So. 2d 501 (Fla. 2006)

. . . XI, section 3 of the Florida Constitution, and that the ballot title and summary comply with section 101.161 . . . However, we held that the first sentence of the ballot summary did not comply with section 101.161(1) . . . Florida Constitution, and (2) whether the ballot title and summary violate the requirements of section 101.161 . . . Ballot Title and Summary As we explained in Land Use Plans, section 101.161(1) “requires that the ballot . . . XI, section 3 of the Florida Constitution, and that the ballot title and summary comply with section 101.161 . . .

CITIZENS FOR REFORM, v. CITIZENS FOR OPEN GOVERNMENT, INC. v. AFL- CIO AFL- CIO,, 931 So. 2d 977 (Fla. Dist. Ct. App. 2006)

. . . Florida Constitution and Florida Statutes, that the ballot summary violated the requirements of section 101.161 . . . Appellees.” • The Circuit Court found that the proposed ballot summary met the requirements of section 101.161 . . .

SEMINOLE COUNTY, v. CITY OF WINTER SPRINGS,, 935 So. 2d 521 (Fla. Dist. Ct. App. 2006)

. . . See § 101.161(1), Fla. . . .

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)

. . . amendment does not meet the requirements of article XI, section 3 of the Florida Constitution and section 101.161 . . . Section 101.161(1), Florida Statutes (2005), which sets forth the statutory requirements for the title . . . Section 101.161(1) provides in relevant part: Whenever a constitutional amendment ... is submitted to . . . The purpose of section 101.161 is to ensure that voters are advised of the amendment’s true meaning. . . . Section 101.161(2), Florida Statutes (2005), provides that the substance and ballot title of a proposed . . .

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

. . . and to consider whether the proposed ballot title and summary are within the requirements of section 101.161 . . . whether the ballot titles and summaries are printed in clear and unambiguous language pursuant to section 101.161 . . . REVIEW OF BALLOT TITLE AND SUMMARY Section 101.161 of the Florida Statutes (2005), provides the requirements . . . This Court has explained this statutory provision, noting: “[Sjection 101.161 requires that the ballot . . . we concluded that the ballot title and summary at issue did not satisfy the requirements of section 101.161 . . .

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)

. . . whether the ballot titles and summaries are printed in clear and unambiguous language pursuant to section 101.161 . . . Applicable Law Section 101.161(1), Florida Statutes (2005), specifies both substantive and technical . . . fifteen words and the ballot summary does not exceed seventy-five words in accordance with section 101.161 . . . Therefore, the ballot title and summary comply with section 101.161(1) of the Florida Statutes. Y. . . . summary meet the legal requirements of article XI, section 3 of the Florida Constitution, and section 101.161 . . .

CITY OF MIAMI, v. STAATS,, 919 So. 2d 485 (Fla. Dist. Ct. App. 2005)

. . . .” § 101.161(1), Fla. Stat. (2004). . . .

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)

. . . XI, section 3 of the Florida Constitution, but that the ballot summary fails to comply with section 101.161 . . . Florida Constitution, and (2) whether the ballot title and summary violate the requirements of section 101.161 . . . BALLOT TITLE AND SUMMARY Section 101.161, Florida Statutes (2004), sets forth the requirements for the . . . Section 101.161(1) is a codification of the accuracy requirement implicit in article XI, section 5 of . . . Our scrutiny of the validity of a proposed amendment under section 101.161(1) involves two questions. . . .

VOLUSIA CITIZENS ALLIANCE, v. VOLUSIA HOME BUILDERS ASSOCIATION, INC., 887 So. 2d 430 (Fla. Dist. Ct. App. 2004)

. . . The issue here is whether a proposed amendment to the Volusia County Charter comports with section 101.161 . . . Section 101.161(1) requires that the ballot summary not exceed 75 words and “state in clear and unambiguous . . . of the amendment and amounts to mere “political rhetoric,” the inclusion of which violates section 101.161 . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE PATIENTS RIGHT TO KNOW ABOUT ADVERSE MEDICAL INCIDENTS, 880 So. 2d 617 (Fla. 2004)

. . . whether the ballot titles and summaries are printed in clear and unambiguous language pursuant to section 101.161 . . . summary meet the legal requirements of article XI, section 3 of the Florida Constitution, and section 101.161 . . .

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

. . . Florida Constitution, and whether the ballot title and summary comply with the requirements of section 101.161 . . . Floridá Constitution, and (2) whether the ballot title and summary violate the requirements of section 101.161 . . . BALLOT TITLE AND SUMMARY Section 101.161, Florida Statutes (2003), sets forth the requirements for the . . . Specifically, in conducting its inquiry into the validity of a proposed amendment under section 101.161 . . . Therefore, the ballot title and summary comply with section 101.161(1). V. . . .

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)

. . . below, we hold the proposed amendment violates article XI, section 3, Florida Constitution, and section 101.161 . . . section 3, Florida Constitution, and whether the proposed ballot title and summary comply with section 101.161 . . . BALLOT TITLE AND SUMMARY Section 101.161, Florida Statutes (2003), sets forth the requirements for the . . . In conducting its inquiry into the validity of a proposed amendment under section 101.161(1), the Court . . . section 3 of the Florida Constitution and with the ballot title and summary requirements of section 101.161 . . .

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

. . . Florida Constitution, and whether the ballot title and summary comply with the requirements of section 101.161 . . . BALLOT TITLE AND SUMMARY Section 101.161, Florida Statutes (2003), sets forth the requirements for the . . . the Attorney General-Save Our Everglades, 636 So.2d 1336 (Fla.1994), explained further: “[Sjection 101.161 . . . Specifically, in conducting its inquiry into the validity of a proposed amendment under section 101.161 . . . Therefore, the ballot title and summary comply with section 101.161(1). V. . . . For these reasons, I would hold that the ballot summary does not meet the requirements of section 101.161 . . . Conservation Comm’n, 705 So.2d 1351 (Fla.1998) (ballot summary did not meet the requirements of section 101.161 . . . See § 101.161(1), Fla. Stat. They vote based only on the ballot title and the summary. . . .

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

. . . summary for the proposed amendment is misleading and does not comply with the requirements of section 101.161 . . . As the majority explains, section 101.161(1), Florida Statutes (2003), requires this Court to consider . . . The ballot summary in this case violates section 101.161(1) because it misleads voters by failing to . . . Florida Constitution, and whether the ballot title and summary comply with the requirements of section 101.161 . . . Florida Constitution, and (2) whether the ballot title and summary violate the requirements of section 101.161 . . . BALLOT TITLE AND SUMMARY Section 101.161, Florida Statutes (2003), sets forth the requirements for the . . . Specifically, in conducting its inquiry into the validity of a proposed amendment under section 101.161 . . . See § 101.161(1), Fla. Stat. They vote based only on the ballot title and the summary. . . . constitute a clear and conclusive defect that would render the summary misleading in violation of section 101.161 . . . majority’s decision is out-of-step with the seasoned precedent that has shaped this Court’s section 101.161 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE PHYSICIAN SHALL CHARGE THE SAME FEE FOR THE SAME HEALTH CARE SERVICE TO EVERY PATIENT, 880 So. 2d 659 (Fla. 2004)

. . . Constitution, and whether the ballot title and summary are clear and unambiguous pursuant to section 101.161 . . . TITLE AND SUMMARY Section 101.161(1), Florida Statutes (2003) provides, in pertinent part: Whenever a . . . Pursuant to section 101.161(1), the ballot title and summary must accurately inform the voter of the . . . Given the seventy-five word limit contained in section 101.161(1), it would be impossible for sponsors . . . There, we held that the word limit contained within section 101.161 made it impossible for the amendment . . . proposed amendment could have “broad ramifications” for the state does not render it infirm under chapter 101.161 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE PUBLIC PROTECTION FROM REPEATED MEDICAL MALPRACTICE, 880 So. 2d 667 (Fla. 2004)

. . . Florida Constitution; and (2) whether the ballot title and summary satisfy the requirements of section 101.161 . . . BALLOT TITLE AND SUMMARY Section 101.161(1), Florida Statutes, requires that the ballot title not exceed . . . It is worth repeating that section 101.161 requires that the ballot title and summary “state in clear . . . summary meet the legal requirements of article XI, section 3 of the Florida Constitution, and section 101.161 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE THE MEDICAL LIABILITY CLAIMANT S COMPENSATION AMENDMENT, 880 So. 2d 675 (Fla. 2004)

. . . whether the ballot titles and summaries are printed in clear and unambiguous language pursuant to section 101.161 . . . REVIEW OF BALLOT TITLE AND SUMMARY Section 101.161(1) of the Florida Statutes governs the requirements . . . amendment or other public measure shall be printed in clear and unambiguous language on the ballot.... § 101.161 . . . explains the “chief purpose” of the proposed amendment and meets the statutory requirements of section 101.161 . . . Amendment” meet the legal requirements of article XI, section 3 of the Florida Constitution, and section 101.161 . . . It is well settled that the intent of section 101.161(1) is to ensure that voters are advised of the . . .

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

. . . The Florida Legislature implemented that constitutional charge by amending sections 101.161(1) (addressing . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE AUTHORIZES MIAMI- DADE AND BROWARD COUNTY VOTERS TO APPROVE SLOT MACHINES IN PARIMUTUEL FACILITIES, 880 So. 2d 522 (Fla. 2004)

. . . Florida Constitution, and (2) whether the ballot title and summary satisfy the requirements of section 101.161 . . . Section 101.161(1), Florida Statutes (2003), requires that the ballot caption not exceed fifteen words . . . this case explains the “chief purpose” of the proposed amendment and meets the requirements of section 101.161 . . . summary meet the legal requirements of article XI, section 3 of the Florida Constitution, and section 101.161 . . .

ALACHUA COUNTY, Co- v. J. SCHARPS,, 855 So. 2d 195 (Fla. Dist. Ct. App. 2003)

. . . Citizens who are adversely affected by the exemption in section 101.161(1), Florida Statutes (2000), . . .

V. SANCHO, v. SMITH, A., 830 So. 2d 856 (Fla. Dist. Ct. App. 2002)

. . . Following the 2000 revision of section 101.161(1), Florida Statutes, and the Armstrong decision, the . . . Section 101.161(1) provides that a ballot summary shall not be more than 75 words, but this provision . . . Section 101.161(1) does effectively impose a brevity requirement by limiting the ballot summary for a . . . Citizens who are adversely affected by the exemption in section 101.161(1), Florida Statutes (2000) can . . . The ballot summary does not violate section 101.161(1), Florida Statutes (2000) or any of the applicable . . .

FLORIDA ASSOCIATION OF REALTORS, INC. v. SMITH, v. v., 825 So. 2d 532 (Fla. Dist. Ct. App. 2002)

. . . the proposed amendment, as required by Article XI, section 5 of the Florida Constitution and section 101.161 . . . measure and the ballot title to appear on the ballot shall be embodied in the joint resolution.... § 101.161 . . . In accordance with the requirements of section 101.161(1), the joint resolution provides for the following . . . ballot because it does not satisfy the' fair notice requirements of the Florida Constitution and section 101.161 . . . the “substance” of a proposed constitutional amendment in “clear and unambiguous language,” section 101.161 . . .

SMITH, v. COALITION TO REDUCE CLASS SIZE K, 827 So. 2d 959 (Fla. 2002)

. . . Indeed, the Legislature has regulated the process by the requirements of sections 99.097,100.371, and 101.161 . . . occasions stricken initiatives from the ballot for failure to adhere to the requirements of section 101.161 . . . refers, provides is the same power this Court has recognized the Florida Legislature has in section 101.161 . . . noted earlier in this opinion, if the Florida Legislature does not have the power to enact section 101.161 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL VOLUNTARY UNIVERSAL PRE- KINDERGARTEN EDUCATION, 824 So. 2d 161 (Fla. 2002)

. . . whether the ballot title and summary are printed in clear and unambiguous language pursuant to section 101.161 . . . Ballot Title and Summary Section 101.161(1) governs the requirements for ballot titles and summaries . . . The purpose of section 101.161 is “to provide fair notice of the content of the proposed amendment so . . . fifteen words and the ballot summary does not exceed seventy-five words in accordance with section 101.161 . . . For these reasons, we conclude the ballot title and summary comply with section 101.161(1). . . .

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

. . . Section 101.161 of the Florida Statutes governs the requirements for ballot titles and summaries and . . . caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of. § 101.161 . . . The purpose of section 101.161(1) is “to provide fair notice of the content of the proposed amendment . . . that a ballot summary banning smoking in enclosed workplaces fulfilled the requirements under section 101.161 . . . summary meet the legal requirements of article XI, section 3 of the Florida Constitution, and section 101.161 . . .

W. COOK, v. CITY OF JACKSONVILLE, F. v., 823 So. 2d 86 (Fla. 2002)

. . . amendment was not contrary to the Florida Constitution and that the ballot language did not violate section 101.161 . . .

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

. . . Section 101.161(1) of the Florida Statutes governs the requirements for ballot titles and summaries and . . . amendment or other public measure shall be printed in clear and unambiguous language on the ballot....” §101.161 . . . Constitution; and (2) whether the ballot title and summary violate the clarity requirements of section 101.161 . . . BALLOT TITLE AND SUMMARY Section 101.161, Florida Statutes (2000), sets forth the requirements for the . . . caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of. § 101.161 . . . This Court in Save Our Everglades explained the meaning of section 101.161(1): “[S]ection 101.161 requires . . . proposed amendment meets the requirements of article XI, section 3, Florida Constitution, and section 101.161 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL s, 816 So. 2d 580 (Fla. 2002)

. . . whether the ballot title and summary are printed in clear and unambiguous language pursuant to section 101.161 . . . amendment comports with section 101.161(1), Florida Statutes (2001). . . . Section 101.161(1) requires that the ballot title and summary “state in clear and unambiguous language . . . The purpose of section 101.161 is “to provide fair notice of the content of the proposed amendment so . . . Therefore, we conclude that the ballot initiative complies with section 101.161(1). . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE PROTECT PEOPLE FROM THE HEALTH HAZARDS OF SECOND- HAND SMOKE, 814 So. 2d 415 (Fla. 2002)

. . . whether the ballot title and summary is printed in clear and unambiguous language pursuant to section 101.161 . . . BALLOT TITLE AND SUMMARY Section 101.161(1), Florida Statutes (2001), states in pertinent part: Whenever . . . meet the other legal requirements of article XI, section 3 of the Florida Constitution, and section 101.161 . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE AUTHORIZATION FOR COUNTY VOTERS TO APPROVE OR DISAPPROVE SLOT MACHINES WITHIN EXISTING PARI- MUTUEL FACILITIES, 813 So. 2d 98 (Fla. 2002)

. . . section 3, of the Florida Constitution and (2) the ballot title and summary requirements of section 101.161 . . . TITLE AND SUMMARY Section 101.161, Florida Statutes (2001), describes the criteria for the ballot title . . . and summary of a proposed constitutional amendment: 101.161. . . .

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

. . . . § 101.161(1), Fla. Stat. (2001). . . . words and the ballot summary does not exceed seventy-five words in length in accordance with section 101.161 . . . summary meet the legal requirements of article XI, section 8 of the Florida Constitution, and section 101.161 . . . The technical requirements, such as the single-subject rule and the requirements of section 101.161(1 . . .

M. SHULMISTER, v. CITY OF POMPANO BEACH, a, 798 So. 2d 799 (Fla. Dist. Ct. App. 2001)

. . . the ballot, it is that body’s responsibility to provide a ballot summary in compliance with section 101.161 . . . After a hearing, the court ruled that the ballot summary was defective under section 101.161(1) because . . . When such proposals are submitted to the voters at an election, section 101.161 governs the requirements . . . While the City contends that it is the sponsor which must submit the ballot language, section 101.161 . . . See § 101.161(2), Fla. Stat. . . .

ADVISORY OPINION TO ATTORNEY GENERAL FLORIDA TRANSPORTATION INITIATIVE FOR STATEWIDE HIGH SPEED MONORAIL, FIXED GUIDEWAY OR MAGNETIC LEVITATION SYSTEM, 769 So. 2d 367 (Fla. 2000)

. . . Constitution, and whether the ballot title and summary are clear and unambiguous pursuant to section 101.161 . . . find that the language of the title and ballot summary of the proposed amendment comports with section 101.161 . . .

G. KAINEN, v. HARRIS,, 769 So. 2d 1029 (Fla. 2000)

. . . Consequently, in 1999, the Florida Legislature enacted section 101.161(3)(c) and (3)(e), Florida Statutes . . . petitioners filed the original mandamus action in this Court challenging the 2000 revision of section 101.161 . . . Section 101.161(1), Florida Statutes (1999), requires that “[wjhenever a constitutional amendment or . . . § 101.161(3)(c), Fla. Stat. (1999). . . . Section 101.161(3)(e) included the same language, but concerned county court judges. . . . . The purpose of section 101.161 is to assure that the electorate is advised of the true meaning, and ramifications . . . Of course, section 101.161(1), Florida Statutes (1999), contains the statutory mandate that the ballot . . . that violate fundamental constitutional safeguards as well as both the letter and spirit of section 101.161 . . . All I say is that the end result of their well-intentioned efforts was not in compliance with section 101.161 . . . Section 101.161 requires a ballot summaiy to be in clear and unambiguous language. . . . Upon review, we find the ballot language. provided by section 101.161(3)(c) and (e), Florida Statutes . . .

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

. . . I reach this conclusion for two reasons: (1) the legislative intent expressed in section 101.161, Florida . . . Section 101.161 relates to “Referenda; ballots” and is contained in chapter 101, which governs “Voting . . . As amended by the legislature, section 101.161(1) provides that “[whenever a constitutional amendment . . . I believe that section 101.161 was simply a codification of the implicit authority of Florida courts . . . Therefore, the proposed amendment would not supersede section 101.161. . . . Because the text of a proposed amendment oftentimes is detailed and lengthy, section 101.161 provides . . . The Court further ruled that the amendment comported with the requirements of section 101.161 and was . . . “Hiding The Ball ” To conform to section 101.161(1), a ballot summary must state “the chief purpose” . . . See § 101.161(2), Fla. Stat. (1997). . . . . See § 101.161(1), Fla. . . . that the. notice of the contents of the amendment ichich would appear on the ballot violates Section 101.161 . . . on the basis that the Legislature’s ballot title and summary are misleading, in violation of section 101.161 . . .

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)

. . . Constitution, and whether the ballot title and summary comport with the accuracy requirement in section 101.161 . . . BAULOT TITLE AND SUMMARY Section 101.161, Florida Statutes (1999), requires that all proposed amendments . . . must be accurately represented on the ballot by a title and summary: 101.161 Referenda; ballots.— (1 . . . See § 101.161(2), Fla.Stat. (1999). . . . . See § 101.161(1), Fla.Stat. (1999) ("The substance of the amendment or other public measure shall be . . . hold the four proposed amendments violate article XI, section 3, Florida Constitution, and section 101.161 . . . Thus, the omnibus petition’s summary is vague and ambiguous, thereby violating section 101.161, Florida . . . Thus, drafters of proposed amendments cannot circumvent the requirements of section 101.161, Florida . . . In short, the summaries are misleading and, therefore, violate section 101.161, Florida Statutes. . . . XI of the State Constitution and the compliance of the proposed ballot title and substance with s. 101.161 . . .

HARRIS, v. MOORE,, 752 So. 2d 1241 (Fla. Dist. Ct. App. 2000)

. . . Section 101.161, Florida Statutes, as follows, governs the analysis of whether a ballot summary is sufficient . . .

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

. . . be submitted to this Court for an opinion on its compliance with article XI, section 3 and section 101.161 . . . Section 101.161(1) requires that when an amendment is submit^ ted to the voters, the substance of the . . . sufficiently to enable him [or her] intelligently to cast his [or her] ballot,” as we have interpreted section 101.161 . . . opinion regarding the proposed initiative petition’s compliance with article XI, section 3 and section 101.161 . . . XI of the State Constitution and the compliance of the proposed ballot title and substance with s. 101.161 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE TERM LIMITS PLEDGE, 718 So. 2d 798 (Fla. 1998)

. . . believe' the proposed amendment complies with the ballot title and summary requirements of section 101.161 . . . XI of the State Constitution and the compliance of the proposed ballot title and substance with s. 101.161 . . . whether the ballot title and summary of the proposed amendment are misleading, in violation of section 101.161 . . . order for the public to fully comprehend the contemplated changes of a proposed amendment, section 101.161 . . . ballot title and summary comply with article XI, section 3, of the Florida Constitution, and section 101.161 . . .

R. MAXWELL Sr. v. LEE COUNTY,, 714 So. 2d 1043 (Fla. Dist. Ct. App. 1998)

. . . provisions of this part and provide for a special election pursuant to the procedures established in s. 101.161 . . . Appellants’ primary attack grows out of the provisions of section 101.161(1), Florida Statutes (1995) . . . Section 101.161(1) provides that the ballot title shall speak in terms “by which the measure is commonly . . . Moreover, section 101.161(1) seems to contemplate a special election vote being held in conjunction with . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE RIGHT OF CITIZENS TO CHOOSE HEALTH CARE PROVIDERS, 705 So. 2d 563 (Fla. 1998)

. . . single-subject requirement of article XI, section 3 of the Florida Constitution and the requirements of section 101.161 . . . amendment’s title and summary are “printed in clear and unambiguous language,” as provided in section 101.161 . . . Section 101.161(1) provides in pertinent part: Whenever a constitutional amendment or other public measure . . . This Court has previously determined that section 101.161(1) “requires that the ballot title and summary . . . As such, this ambiguity violates section 101.161 and causes the proposed amendment to be fatally defective . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE FISH AND WILDLIFE CONSERVATION COMMISSION, 705 So. 2d 1351 (Fla. 1998)

. . . section 3, of the Florida Constitution and (2) the ballot title and summary requirements of section 101.161 . . . TITLE AND SUMMARY Section 101.161 describes the criteria for the ballot title and summary of a proposed . . . constitutional amendment: 101.161. . . . Accordingly, because the ballot summary does not meet the requirements of section 101.161, the title, . . .

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

. . . the proposed amendment complies with article XI, section 3 of the Florida Constitution and section 101.161 . . . this constitutional requirement, we review the ballot title and summary for compliance with section 101.161 . . .

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)

. . . Florida Constitution; and whether the ballot title and summary are misleading, in violation of section 101.161 . . . Concerning our review of the ballot title and summary, under section 101.161(1), Florida Statutes (1995 . . . Opinion to the Attorney General re Limited Casinos, 644 So.2d 71, 75 (Fla.1994) (finding that section 101.161 . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE PROHIBITING PUBLIC FUNDING OF POLITICAL CANDIDATES CAMPAIGNS, 693 So. 2d 972 (Fla. 1997)

. . . .” § 101.161(1), Fla. Stat. (1995). . . . BALLOT TITLE AND SUMMARY REQUIREMENTS Section 101.161(1), Florida Statutes (1995), provides in pertinent . . . Attorney General’s conclusion that the ballot title and summary satisfy the requirements of section 101.161 . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, 685 So. 2d 773 (Fla. 1996)

. . . See § 101.161, Fla.Stat. (1995). . . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, 696 So. 2d 1103 (Fla. 1996)

. . . See § 101.161, Fla.Stat. (1995). . . . .

MIAMI HEAT LIMITED PARTNERSHIP, a a v. C. LEAHY,, 682 So. 2d 198 (Fla. Dist. Ct. App. 1996)

. . . placement on the general election ballot is violative of section 7.01 of the Home Rule Charter and section 101.161 . . . Likewise, section 101.161 requires “that a ballot question set forth the substance of ... . . . [which contains] the chief purpose of the mea-sure_” Kobrin, 528 So.2d at 393 (quoting subsection 101.161 . . .

ADVISORY OPINION TO ATTORNEY GENERAL- FEE ON EVERGLADES SUGAR PRODUCTION. ADVISORY OPINION TO ATTORNEY GENERAL- EVERGLADES TRUST FUND. ADVISORY OPINION TO ATTORNEY GENERAL- RESPONSIBILITY FOR PAYING COSTS OF WATER POLLUTION ABATEMENT IN EVERGLADES, 681 So. 2d 1124 (Fla. 1996)

. . . section 3, of the Florida Constitution and that the ballot titles and summaries comply with section 101.161 . . . connected therewith;” and (2) whether the ballot title and summary are misleading and thus violate section 101.161 . . . The proposed amendment must also comply with the requirements of section 101.161. . . . “[Ejection 101.161 requires that the ballot title and summary for a proposed constitutional amendment . . . We find that the ballot title and summary comply with section 101.161 by clearly and unambiguously informing . . .

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

. . . . § 101.161 (West Supp. 1996). B. . . . and title to determine whether they comply with the constitution’s single subject requirement and § 101.161 . . . Section 3 of the state constitution and the compliance of the proposed ballot title and substance with § 101.161 . . . insufficient for two reasons: it violated the constitutional single-subject requirement, and it violated § 101.161 . . . single-subject requirement but also because it violated the clear ballot title requirement of Fla.Stat.Ann. § 101.161 . . .

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

. . . complies with the requirements of article XI, section 3, of the Florida Constitution, and section 101.161 . . . Consequently, we did not determine if the Tax Limitation petition complied with section 101.161, Florida . . . We did not reach the issue of whether the petition complied with section 101.161. Id. . . . Therefore, we find that this ballot title is not misleading under section 101.161. . . . Section 101.161 requires the ballot summary and title to be read together. . . .

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

. . . ; and (2) whether the proposed amendment meets the ballot title and summary requirements of section 101.161 . . . The proposed amendment must also comply with the requirements of section 101.161. . . . proposed amendment meet the requirements of article XI, section 3 of the Florida Constitution and section 101.161 . . . second interested party filed a brief requesting only that the Court address whether sections 16.061 and 101.161 . . . We do not address the interested party's claim that sections 16.061 and 101.161 are unconstitutional . . .

ABRAMOWITZ, v. GLASSER a, 656 So. 2d 1332 (Fla. Dist. Ct. App. 1995)

. . . validity of this amendment, one on constitutional grounds, and the other based on a violation of section 101.161 . . . , Fla.Stat. (1984), which provides in pertinent part: 101.161 Referenda; ballots Whenever a constitutional . . . It complies with § 101.161, which requires the ballot summary to contain the “substance of the amendment . . .