Florida Statute 101.161 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 101
VOTING METHODS AND PROCEDURE

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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 Citing Statute 101.161

Total Results: 20

Floridians Protecting Freedom, Inc. v. Kathleen C. Passidomo

Court: Fla. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: Conference in accordance with s. 100.371(13).” § 101.161(1)(a), Fla. Stat. (2023).1 The Estimating Conference

Hillsborough County, Florida v. The School Board of Hillsborough County

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-19T00:00:00-07:00

Snippet: ballot must conform to the provisions of s. 101.161. .... (7) EXPENSES OF ELECTION

Advisory Opinion to the Attorney General Re: Adult Personal Use of Marijuana

Court: Fla. | Date Filed: 2024-04-01T00:00:00-07:00

Snippet: satisfy the [clarity] requirements of section 101.161(1), Florida Statutes.” Advisory Op. to Att’y Gen…. . . of the chief purpose of the measure.” § 101.161(1), Fla. Stat. The ballot title is limited to …assessing a ballot summary for clarity under section 101.161(1), “the Court must consider two questions: ‘(1…section 3 of the Florida Constitution and section 101.161(1) of the Florida Statutes. We therefore approve…single-subject rule and the requirements of section 101.161(1), Florida Statutes (1991), appear insufficient

Advisory Opinion to the Attorney General re: Limiting Government Interference with Abortion

Court: Fla. | Date Filed: 2024-04-01T00:00:00-07:00

Snippet: count limitations provided in section 101.161(1). Section 101.161(1) also requires that a ballot summary…the proposed ballot title and substance with s. 101.161”; and (3) “whether the proposed amendment is facially…compliance with article X, section 3 and section 101.161 is governed by the following principles: …initiative violates the requirements of section 101.161(1), not whether it does so “clearly.” Essentially… C. Ballot Title and Summary Section 101.161(1), Florida Statutes (2023), sets forth certain

FLORIDA REALTORS AND FLORIDA APARTMENT ASSOCIATION, INC. vs ORANGE COUNTY, FLORIDA AND BILL COWLES, IN HIS OFFICIAL CAPACITY AS ORANGE COUNTY SUPERVISOR OF ELECTIONS

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-27T00:00:00-07:00

Snippet: language satisfies the requirements of section 101.161, Florida Statutes. See Fla. Educ. Ass’n v. Fla.…length, of the chief purpose of the measure.” § 101.161(1). The ballot title “shall consist of a caption…3d at 21. In determining whether section 101.161’s requirements are satisfied, we consider two …Florida courts have previously held that section 101.161(1) does not require excessive detail.”). But it…. . . of the chief purpose of the measure.” § 101.161(1), Fla. Stat. (2022). The ballot summary does

Advisory Opinion to the Attorney General Re: Regulate Marijuana in a Manner Similar to Alcohol to Establish Age, Licensing, and Other Restrictions

Court: Fla. | Date Filed: 2021-06-17T00:53:00-07:00

Snippet: - Section 101.161, Florida Statutes Section 101.161(1) sets forth certain clarity…comply with the clarity requirements of section 101.161(1), Florida Statutes (2020). The Attorney General…and summary violate the requirements of section 101.161(1), Florida Statutes.” Advisory Op. to Att’y Gen…misleading and thus fails to comply with section 101.161. 2. Recent legislation amended existing…. . . of the chief purpose of the measure.” § 101.161(1), Fla. Stat. The ballot title is limited to fifteen

Advisory Opinion to the Attorney General Re: Adult Use of Marijuana

Court: Fla. | Date Filed: 2021-04-29T00:53:00-07:00

Snippet: with section 101.161. 1 Section 101.161 Section 101.161(1), Florida Statutes…comply with the clarity requirements of section 101.161(1), Florida Statutes (2020). After we directed …summary satisfy the clarity requirements of section 101.161, Florida Statutes.” Advisory Op. to Att’y Gen.… ballot title and summary comply with section 101.161, this Court “consider[s] two questions: (1) whether…as to clearly and conclusively violate section 101.161,’ ” id. (quoting Advisory Op. to Att’y Gen. re

Advisory Opinion to the Attorney General Re: Adult Use of Marijuana

Court: Fla. | Date Filed: 2021-04-22T00:53:00-07:00

Advisory Opinion to the Attorney General Re: Prohibits Possession of Defined Assault Weapons

Court: Fla. | Date Filed: 2020-06-04T00:53:00-07:00

Snippet: and summary satisfy the requirements of section 101.161(1), Florida Statutes (201[9]).” Advisory Op. to…date.” This misleading language violates section 101.161(1), Florida Statutes (2019), which sets forth …is commonly referred to or spoken of. § 101.161(1), Fla. Stat. (2019). These statutory requirements… fails to satisfy the requirements of section 101.161(1) and is affirmatively misleading because the … does not satisfy the requirements of section 101.161. CONCLUSION

Advisory Opinion to the Attorney General Re: All Voters Vote in Primary Elections for State Legislature, Governor, and Cabinet

Court: Fla. | Date Filed: 2020-03-25T00:53:00-07:00

Snippet: summary comply with the requirements of section 101.161(1), Florida Statutes (2019). Accordingly, we approve…and summary satisfy the requirements of section 101.161(1), Florida Statutes (201[9]).” Advisory Op. to…Harris, 773 So. 2d 7, 12 (Fla. 2000)). Section 101.161(1), Florida Statutes (2019), which sets forth … and seventy-five-word statutory limits. See § 101.161(1), Fla. Stat. (2019). Moreover, the ballot…comply with the clarity requirements of section 101.161(1). The ballot title clearly identifies the subject

Advisory Opinion to the Attorney General Re: All Voters Vote in Primary Elections for State Legislature, Governor, and Cabinet

Court: Fla. | Date Filed: 2020-03-19T00:53:00-07:00

Advisory Opinion to the Attorney General Re: Voter Approval of Constitutional Amendments

Court: Fla. | Date Filed: 2020-02-19T23:53:00-08:00

Snippet: substantive and technical requirements in section 101.161(1), Florida Statutes (2019). After we invited briefing… ballot title and summary comply with section 101.161(1), Florida Statutes (2019). Under that statute…the ballot title and summary comply with section 101.161(1). Each meets the statute’s word limits. And …“in two elections, instead of one.” As section 101.161(1) requires, the summary tells the voters “the

Advisory Opinion to the Attorney General Re: Citizenship Requirement to Vote in Florida Elections

Court: Fla. | Date Filed: 2020-01-15T23:53:00-08:00

Snippet: comply with the clarity requirements of section 101.161(1), Florida Statutes (2019). We invited briefing…summary satisfy the clarity requirements of section 101.161, Florida Statutes.” Advisory Op. to Att’y Gen.… Ballot Title and Summary Section 101.161(1), Florida Statutes, sets forth the following … ballot title and summary comply with section 101.161(1), this Court “consider[s] two questions: (1)…respective word-limitation requirements of section 101.161(1). The ballot title and summary also fairly inform

SIDNEY F. DINERSTEIN v. SUSAN BUCHER, SUPV. OF ELECTIONS

Court: Fla. Dist. Ct. App. | Date Filed: 2020-01-14T23:53:00-08:00

Snippet: summary for Ballot Question No. 2 violated section 101.161(1), Florida Statutes (2009). He asked the trial…Harris, 773 So. 2d 7, 11 (Fla. 2000)). “Section 101.161(1) requires that a constitutional amendment ‘submitted… which the measure is commonly referred to.” § 101.161(1), Fla. Stat. (2018). A ballot summary must be

Advisory Opinion to the Attorney General Re: Right to Competitive Energy Market for Customers of Investor-Owned Utilities Allowing Energy Choice

Court: Fla. | Date Filed: 2020-01-08T23:53:00-08:00

Snippet: requirements of section 101.161, Florida Statutes (2019). Section 101.161(1) requires the ballot summary…summary satisfy the clarity requirements of section 101.161, Florida Statutes.” In re Advisory Op. to Att’y…2d 7, 12 (Fla. 2000) (explaining that section 101.161, Florida Statutes, codifies a constitutional “…not satisfy the clarity requirements of section 101.161, Florida Statutes. Consequently, the Initiative…is misleading and does not comply with section 101.161(1), Florida Statutes. Accordingly, this Initiative

Advisory Opinion to the Attorney General Re: Raising Florida's Minimum Wage

Court: Fla. | Date Filed: 2020-01-08T23:53:00-08:00

Snippet: substantive and technical requirements of section 101.161(1), Florida Statutes (2018).1 In addition, the … 1. We cite the 2018 version of section 101.161(1) because that version was in effect when the … clarity, and content requirements of section 101.161(1), Florida Statutes. See Prohib. State Spending… of the ballot title and summary with section 101.161(1). Then, we turn to the question of our jurisdiction… B. Ballot Title and Summary Section 101.161(1) governs the ballot title and summary of proposed

Jose Oliva, in his official capacity as Speaker of the Florida House of Representatives Bill Galvano, in his official capacity as President of the Florida Senate v. Florida Wildlife Federation, Inc., Florida Defenders of the Environment, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-09T00:53:00-07:00

Snippet: Supreme Court considered, as required by section 101.161(1), Florida Statutes (2012), whether the ballot

In Re: Amendments to the Florida Evidence Code

Court: Fla. | Date Filed: 2019-05-23T00:53:00-07:00

Snippet: implementing the initiative right. See, e.g., § 101.161, Fla. Stat. (2018). For example, “[w]henever a …and unambiguous language on the ballot.” Id. § 101.161(1). “The ballot summary of the amendment . . .…approved by the Secretary of State . . . .” Id. § 101.161(2). If an initiative sponsor did not comply with…, section[] 3” include those found in section 101.161 (footnote omitted)). Having the right is not enough

Department of State, etc. v. Lee Hollander and SC18-1367 Department of State, etc. v. Amy Knowles

Court: Fla. | Date Filed: 2018-10-25T00:00:00-07:00

Citation: 256 So. 3d 1300

Snippet: it." Id. § 2 (c). Section 101.161(1), Florida Statutes (2018), provides the following…validity of a ballot title and summary under section 101.161(1) involves two inquiries: First, the Court…2 So.3d 968 , 976 (Fla. 2009) (citing § 101.161(1), Fla. Stat. (2007) ). 10 Amici

Kenneth J. Detzner, etc. v. Harry Lee Anstead

Court: Fla. | Date Filed: 2018-10-17T00:00:00-07:00

Citation: 256 So. 3d 820

Snippet: proposed amendments on the ballot. See § 101.161(2), Fla. Stat. (2018) (directing the Secretary …court held that such bundling violates section 101.161(1), Florida Statutes, and potentially deprives …of multiple, unrelated measures violate section 101.161(1), Florida Statutes. The statute provides that…no' vote will indicate rejection." § 101.161(1). The circuit court held that the bundling of…amendment-including all of its subjects. See § 101.161(1). The fact that each proposed amendment contains