Declaratory Action Filed In Circuit Court While Advisory Opinion Proceedings Were Pending In Supreme Court
In Advisory Opinion to the Attorney General-- Fee on Everglades Sugar Production, 681 So. 2d 1124 (Fla. 1996), a declaratory action was filed in the circuit court while advisory opinion proceedings were pending in the Supreme Court of Florida with regard to three proposed initiative amendments. See id. at 1126-27.
The sponsor of the proposed amendments, Save Our Everglades (SOE), petitioned this Court for an extraordinary writ, contending that the . . . opponents have brought an action in the Leon County Circuit Court, which is improper, has no jurisdictional basis, and subverts the electoral process.
SOE brings this petition to stop this invalid action and to preserve this Court's jurisdiction over the initiative petition process.
. . . It is unquestionable that this Court has sole jurisdiction over the initiative petition process. See Article XI, Section 3 and 5(a); Article IV, Section 10; Article V, Section 3(b)(10), Florida Constitution.
This power is not vested in the Leon County Circuit Court or any other Circuit Court in the State.
Additionally, the advisory opinion/initiative petition process has already begun in this Court. . . . This Court has the authority and obligation to enter an order transferring the lower court case to this Court for consideration. Petition for Constitutional Writ at 1-2, Advisory Opinion to the Attorney General--Fee on Everglades Sugar Production, 681 So. 2d 1124 (Fla. 1996).