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SANCHO v. SMITH

No. 1D02-3293.

830 So.2d 856 (2002)

Ion V. SANCHO, Individually and as Leon County Supervisor of Elections, et al., Appellants, v. Jim SMITH, in his official capacity as Florida Secretary of State and head of the Florida Department of State; and Robert A. Butterworth, as Florida Attorney General, Appellees.

District Court of Appeal of Florida, First District.

September 18, 2002.

Attorney(s) appearing for the Case

Stephen H. Grimes and Susan L. Kelsey of Holland & Knight LLP, Tallahassee, for Appellants.

Robert A. Butterworth, Attorney General and Jonathan A. Glogau, Special Counsel, Tallahassee, for Appellees.

Dudley Goodlette, Naples, Thomas R. Tedcastle, Donald J. Rubottom, and David M. Delapaz for the Florida House of Representatives as Amicus Curiae.

PADOVANO, J.

In this appeal we must decide whether the ballot summary for a proposed constitutional amendment satisfies the fair notice requirements of the Florida Constitution. The proposal at issue would modify the prohibition against cruel or unusual punishment in article I, section 17 of the Florida Constitution. It will be identified as "Amendment 1" on the ballots prepared in all Florida counties for the 2002 general election. For the reasons that follow, we...

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