Citations

Full opinion text

CORRECTED OPINION

SHAW, Justice.

The Attorney General petitioned this Court for advisory opinions on the validity of three initiative petitions circulated by a group known as Save Our Everglades Committee (SOE). In response to the Attorney General’s request, we issued orders permitting interested parties to file briefs and heard oral argument on the validity of the proposed amendments. We have consolidated the three petitions for review in this opinion but will address the three proposals separately. We have jurisdiction. Art. IV, § 10; art. V, § 3(b)(10), Fla. Const.

Subsequent to the Attorney General’s petitions, Steve Williams, Okeelanta Corporation, Atlantic Sugar Association, Inc., and Osceola Farms Company filed a declaratory judgment action against SOE, which we ordered transferred to this Court. SOE filed a motion to dismiss and Williams et al. filed a motion for summary judgment. Both parties filed responsive motions. We grant SOE’s motion to dismiss, deny plaintiffs’ motion for summary judgment and hold that the signatures obtained on the unified single form petition are valid.

We also find that the three initiative petitions entitled “Fee on Everglades Sugar Production” (Fee), “Everglades Trust Fund” (Trust Fund), and “Responsibility for Paying Costs of Water Pollution Abatement in the Everglades” (Responsibility) comply with the single-subject requirement in article XI, section 3, of the Florida Constitution and that the ballot titles and summaries comply with section 101.161, Florida Statutes (1995). Consequently, we approve the proposed amendments for placement on the ballot.

Our analysis of each proposed amendment is limited to determining two issues: (1) whether the proposed amendment violates the single-subject requirement in article XI, section 3, of the Florida Constitution, which states that an amendment proposed by initiative “shall embrace but one subject and matter directly connected therewith;” and (2) whether the ballot title and summary are misleading and thus violate section 101.161(1), Florida Statutes (1995).

The single-subject limitation is a rule of restraint designed to guard against unbridled cataclysmic changes in Florida’s organic law, and “ ‘logrolling,’ a practice wherein several separate issues are rolled into a single initiative in order to aggregate votes or secure approval of an otherwise unpopular issue.” In re Advisory Opinion to the Attorney General — Save Our Everglades, 636 So.2d 1336, 1339 (Fla.1994). To comply with the single-subject requirement, the proposed amendment must manifest a “logical and natural oneness of purpose.” Fine v. Firestone, 448 So.2d 984, 990 (Fla.1984).

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 state in clear and unambiguous language the chief purpose of the measure.” Askew v. Firestone, 421 So.2d 151, 154-55 (Fla.1982). This is to provide fair notice of the content of the proposed amendment so that the voter will not be misled as to its purpose, and can cast an intelligent and informed ballot. Advisory Opinion to the Attorney General re Stop Early Release of Prisoners, 661 So.2d 1204, 1206 (Fla.1995). We now turn to each of the subject initiatives.

I. PROPOSED FEE AMENDMENT

The Fee proposal seeks to amend article VII, section 9 of the Florida Constitution by imposing a levy of one penny per pound on raw sugar. The full text of the petition reads as follows:

TITLE: FEE ON EVERGLADES SUGAR PRODUCTION

SUMMARY: Provides that the South Florida Water Management District shall levy an Everglades Sugar Fee of l