SC08-884 – Kurt S. Browning, Etc., Et Al. v. Florida Hometown Democracy, Inc., PAC, Et Al.

State: Florida

Docket No: SC08-884

Case Date: 02/18/2010

Preview:Supreme Court of Florida
____________ No. SC08-884 ____________ KURT S. BROWNING, etc., et al., Appellants, vs. FLORIDA HOMETOWN DEMOCRACY, INC., PAC, et al., Appellees. [February 18, 2010] PER CURIAM. This case is before the Court on appeal from the decision reported as Florida Hometown Democracy, Inc. v. Browning, 980 So. 2d 547 (Fla. 1st DCA 2008), in which the First District Court of Appeal held that the signature-revocation provisions of section 100.371, Florida Statutes (2007), and associated implementing regulations (i.e., Florida Administrative Code Rules 1S-2.0091 and 1S-2.0095), are unconstitutional in violation of article XI, section 3 of the Florida Constitution, which delineates the citizen-initiative method of amending this

foundational document.1 We thus possess mandatory appellate jurisdiction to resolve this case under article V, section 3(b)(1) of the Florida Constitution.2 As further explained in our analysis, we affirm the decision of the First District because the politically charged counter-petition revocation campaigns created by these provisions in operation would essentially eviscerate and render meaningless the citizen-initiative process. Such campaigns are neither contemplated nor permitted by the self-executing plain text of article XI, nor are they necessary to ensure ballot integrity. State ex rel. Citizens Proposition for Tax Relief v. Firestone, 386 So. 2d 561, 566 (Fla. 1980) (emphasis supplied).

1. Article XI, section 3, which we have repeatedly held to be self-executing, provides: The power to propose the revision or amendment of any portion or portions of this constitution by initiative is reserved to the people, provided that, any such revision or amendment, except for those limiting the power of government to raise revenue, shall embrace but one subject and matter directly connected therewith. It may be invoked by filing with the custodian of state records a petition containing a copy of the proposed revision or amendment, signed by a number of electors in each of one half of the congressional districts of the state, and of the state as a whole, equal to eight percent of the votes cast in each of such districts respectively and in the state as a whole in the last preceding election in which presidential electors were chosen. (Emphasis supplied.) 2. The supreme court . . . [s]hall hear appeals from . . . decisions of district courts of appeal declaring invalid a state statute or a provision of the state constitution. Art. V,

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