ADVISORY OPIN. TO ATTY. GEN. RE PUB. EDUC.

Nos. SC97086, SC97087, SC97088, SC97089.

778 So.2d 888 (2000)

ADVISORY OPINION TO The ATTORNEY GENERAL, re AMENDMENT TO BAR GOVERNMENT FROM TREATING PEOPLE DIFFERENTLY BASED ON RACE IN PUBLIC EDUCATION. Advisory Opinion to The Attorney General, re Amendment to Bar Government from Treating People Differently Based on Race in Public Employment. Advisory Opinion to The Attorney General, re Amendment to Bar Government from Treating People Differently Based on Race in Public Contracting. Advisory Opinion to The Attorney General, re End Governmental Discrimination and Preferences Amendment.

Supreme Court of Florida.

Rehearing Denied February 20, 2001.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Louis F. Hubener, III, Assistant Attorney General, Tallahassee, FL, Presentor.

Thomas M. Ervin, Jr. and C. Everett Boyd, Jr. of Ervin, Varn, Jacobs & Ervin, Tallahassee, FL, for Florida Civil Rights Initiative, Proponent-Interested Party.

Alan C. Sunderg, General Counsel, Florida State University, F. Townsend Hawkes and Michael P. Donaldson of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, and Gregg A. Gleason, General Counsel, Florida Board of Regents, Tallahassee, FL, for Florida Board of Regents, In Opposition To Initiatives.

Parker D. Thomson of Thomson, Muraro, Razook & Hart, and Randall C. Berg, Jr., Peter M. Siegel and JoNel Newman of the Florida Justice Institute, Inc., Miami, FL, for Florida Conference of Black State Legislators.

Barbara R. Arwine, Thomas J. Henderson and Diane L. Gross of Lawyers' Committee for Civil Rights Under Law; Matthew D. Slater, Marcilynn A. Burke, and Emily Ryo of Cleary, Gottlieb, Steen & Hamilton, Washington, DC; and David M. Lipman, Miami, FL, for The Leadership Conference on Civil Rights, Amicus Curiae.

Sharon L. Browne, Sacramento, CA, and Frank A. Shepherd, Miami, FL, for Campaign for a Color-Blind America, Initiative & Referendum Institute, and Pacific Legal Foundation, Amici Curiae.

Darryl Parks, President, Florida Chapter, National Bar Association, of Parks & Crump, Tallahassee, FL, Thomasina H. Williams of the Law Offices of Williams & Associates, and H.T. Smith, Miami, FL, for the Florida Chapter of the National Bar Association.

Joseph W. Hatchett and Mark Herron of Akerman, Senterfitt & Eidson, Tallahassee, FL, for Floridians Representing Equity and Equality.


PER CURIAM.

The Attorney General has requested this Court review proposed amendments to the Florida Constitution. We have jurisdiction. Art. IV, § 10; art. V, § 3(b)(10), Fla. Const. For the reasons expressed below, we hold the four proposed amendments violate article XI, section 3, Florida Constitution, and section 101.161, Florida Statutes (1999). Accordingly, the proposed amendments should not be placed on the ballot.

In accordance with article...

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