Advisory Opinion to the Attorney General re: Voter Control of Gambling in Florida

215 So. 3d 1209 (2017)

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Advisory Opinion to the Attorney General re: Voter Control of Gambling in Florida

Florida Supreme Court
215 So. 3d 1209 (2017)

Facts

Voters in Charge (defendant) sponsored a ballot-initiative petition for an amendment to the Florida Constitution giving voters the exclusive right to decide whether to authorize casino gambling in Florida. The proposed amendment’s ballot title was “Voter Control of Gambling in Florida.” The proposed amendment (1) explained how voters could authorize casino gambling through the citizens’-initiative process, (2) defined casino gambling, (3) stated that the amendment would not limit the legislature’s right to restrict, regulate, or tax gambling activities, and (4) stated that the amendment would not impact Native American tribes’ ability to negotiate compacts for casino gambling under federal law and would not affect existing gambling on tribal lands. The 71-word ballot summary of the proposed amendment (1) stated that the amendment would ensure that Florida voters could decide whether to authorize casino gambling, and (2) explained that the amendment’s language defined casino gambling and clarified that the amendment would not conflict with federal law regarding state/tribal compacts. Neither the amendment’s text nor the ballot summary explained exactly what impact the amendment would have on existing legal gambling in Florida. Florida’s Financial Impact Estimating Conference gave Florida’s attorney general (plaintiff) a 45-word financial-impact statement indicating that the amendment’s financial effects could not be determined because the amendment would have an unknown impact on gambling operations that voters had not approved in accordance with the proposed amendment. The attorney general asked the Florida Supreme Court for an opinion about the initiative’s validity.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Polston, J.)

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