FLORIDA ASSOCIATION OF REALTORS, INC.; Maurice Veissi; Florida Institute of Certified Public Accountants and Florida Institute of Accountants, Inc.; Florida Association of Broadcasters; Florida Manufacturing and Chemical Council, Inc., and National Federation of Independent Business, Inc., Appellants,
v.
Jim SMITH, as Florida Secretary of State; State of Florida; the Florida Senate; Florida Taxwatch, Inc.; Florida Retail Federation; Eli Roberts & Sons, Inc.; Sandra Ballas; Florida Farm Bureau Federation; Southern Forestry Consultants, Inc., and Patricia Nathe, Appellees.
Florida Taxwatch, Inc.; Florida Retail Federation; Eli Roberts & Sons, Inc.; and Sandra Ballas, Appellants,
v.
Jim Smith, as Florida Secretary of State; State of Florida; the Florida Senate; Florida Association of Realtors, Inc.; Florida Farm Bureau Federation; Maurice Veissi; Florida Institute of Certified Public Accountants and Florida Institute of Accountants, Inc.; Florida Association of Broadcasters; Florida Manufacturing and Chemical Council, Inc.; National Federation of Independent Business, Inc.; Southern Forestry Consultants, Inc.; and Patricia Nathe, Appellees.
Florida Farm Bureau Federation; Southern Forestry Consultants, Inc.; and Patricia Nathe, Appellants,
v.
Jim Smith, as Florida Secretary of State; State of Florida; the Florida Senate; Florida Taxwatch Inc.; Florida Association of Realtors, Inc.; Maurice Veissi; Florida Institute of Certified Public Accountants and Florida Institute of Accountants, Inc.; Florida Association of Broadcasters; Florida Manufacturing and Chemical Council, Inc.; National Federation of Independent Business, Inc.; Florida Retail Federation; Eli Roberts & Sons, Inc.; and Sandra Ballas, Appellees.
District Court of Appeal of Florida, First District.https://leagle.com/images/logo.png
September 18, 2002.
September 18, 2002.
Attorney(s) appearing for the Case
Dan R. Stengle, Victoria L. Weber, and David L. Powell of Hopping, Green & Sams, Tallahassee, for Florida Association of Realtors, Inc., Maurice Veissi, Florida Institute of Certified Public Accounts and Florida Institute of Accountants, Florida Association of Broadcasters, Florida Manufacturing and Chemical Council, Inc., and National Federation of Independent Business, Inc.
Stephen H. Grimes and Susan L. Kelsey of Holland and Knight, LLP, Tallahassee, for Florida Taxwatch, Florida Retail Federation, Eli Roberts & Sons, Inc., and Sandra Ballas.
Samuel J. Ard of Ard, Shirley & Hartman, P.A., Tallahassee, and Michael L. Rosen of Bricklemeyer, Smolker & Bolves, Tallahassee, P.A., for Florida Farm Bureau Federation, Inc., Southern Forestry Consultants, Inc., and Patricia Nathe.
L. Clayton Roberts, Tallahassee, for Secretary of State Jim Smith.
Robert A. Butterworth, Attorney General, and Louis F. Hubener, Deputy Solicitor General, Tallahassee, for State of Florida.
Barry Richard of Greenberg Traurig, P.A., Tallahassee, for The Florida Senate.
Donna E. Blanton and Katherine E. Giddings of Katz, Kutter, Alderman, Bryant & Yon, P.A., Tallahassee, for Florida Trucking Association, Amicus Curiae.
Alvin B. Davis, P.A., Jorge L. Lopez, P.A., Gabriel E. Neito, Gregory Ward, and Elizabeth C. Daley of Steel Hector & Davis LLP, Miami, for International Speedway Corporation, National Association for Stock Car Auto Racing, Ladies Professional Golf Association, Miami Dolphins, Ltd., ProPlayer Stadium, Miami Heat, and Florida Panthers Hockey Club, Ltd., Amici Curiae.
District Court of Appeal of Florida, First District.
ALLEN, C.J.
The appellants in these consolidated appeals challenge a trial court order by which the ballot summary relating to a proposed constitutional amendment was approved for submission to the voters at the November 5, 2002, general election. Concluding that the ballot summary does not clearly and unambiguously express the substance of the proposed amendment, as required by Article XI, section 5 of the Florida Constitution and section 101.161(1), Florida Statutes...
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