Supreme Court of Florida
D A W N K . R O B E R TS, etc., et al.,
C O RRIN E BR O W N , et al.,
[August 31, 2010]
Interim Secretary of State Dawn Roberts has filed an extraordinary writ
petition that invokes this Court’s all writs jurisdiction. Secretary Roberts also
seeks a writ of prohibition on the basis that the Second Judicial Circuit Court is
acting in excess of its jurisdiction by accepting jurisdiction to consider a pre-
election action for declaratory and injunctive relief that seeks to remove two
citizen-initiative proposed constitutional amendments from the November ballot.
We have jurisdiction. See art. V, § 3(b)(7), Fla. Const. For the reasons discussed,
we grant the petition and direct the circuit court to dismiss the pre-election
proceedings below on the basis of lack of subject matter jurisdiction.
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F A C TS A ND PR O C E DUR A L B A C K G R O UND
FairDistrictsFlorida.org, a registered political committee, invoked the
citizen-initiative process of article XI, section 3 of the Florida Constitution to
propose two constitutional amendments designed to delineate mandatory standards
to be applied to the establishment of legislative and congressional district
boundaries. On January 29, 2009, this Court approved the proposed amendments
for placement on the ballot and determined that the proposed amendments satisfied
the single-subject requirement of article XI, section 3, and that the accompanying
ballot titles and summaries complied with section 101.161, Florida Statutes (2008).
See Advisory Op. to Att’y Gen. re Standards for Establishing Legis. Dist.
Boundaries, 2 So. 3d 175, 191 (Fla. 2009). The legislative amendment was
designated “Amendment 5” by the Division of Elections, and the congressional
amendment was designated “Amendment 6.” See Fla. Dep’t of State Division of