How are petition signatures counted for a Florida county wet/dry local option election?

Plain-English summary

A Madison County resident wrote about a local option election, the kind of vote that decides whether a county will be "wet" or "dry" on the sale of liquor, wine, or beer. His question was practical: how do you count the signatures required to force the vote when the number of registered voters had swung sharply around a general election, with signatures gathered both before and after. Senior Assistant Attorney General Gerry Hammond responded for Attorney General McCollum.

The answer was short. Chapter 567, Florida's local option election act, requires a petition signed by one-fourth of the county's registered voters to request a county-wide vote. The statute, including section 567.01, does not spell out what to do when voter rolls change during a signature drive. Pointing to a 1956 opinion (AGO 56-307), the office advised that the number of signatures needed is calculated based on the day the petition is filed with the county commission under section 567.01. The office enclosed that older opinion.

Currency note

This opinion was issued in 2009. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

Chapter 567 governs county local option elections on the sale of intoxicating liquors, wines, or beer. It conditions the election on a petition signed by one-fourth of the county's registered voters. The letter observed that section 567.01 does not address a situation where signatures are collected before and after a general election and registered-voter totals shift in between, an issue made sharper by the large rise in registrations during that election cycle. Relying on the 1956 opinion, the office treated the filing date of the petition with the county commission as the fixed reference point for computing the one-fourth threshold.

Common questions

Q: How many signatures does a Florida wet/dry petition need?
A: Under Chapter 567, the petition must be signed by one-fourth of the county's registered voters to request a county-wide local option election.

Q: Which day's voter count sets that number when the rolls are changing?
A: The office advised, following a 1956 opinion, that the required number is calculated based on the day the petition is filed with the county commission under section 567.01.

Q: Does Chapter 567 itself answer the timing question?
A: No. The letter noted that section 567.01 does not address signatures gathered before and after an election or recalculation based on changing registration, which is why the office relied on the prior opinion.

Citations and references

Statutes:

• Ch. 567, Fla. Stat. (local option election act)
• s. 567.01, Fla. Stat. (petition for a county-wide vote on the sale of intoxicating liquors)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/local-option-on-sale-of-intoxicating-alcohol
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8232

Original opinion text

Mr. Warren Irwin

217 Southeast Park Loop

Madison, Florida 32340

Dear Mr. Irwin:

Thank you for your letter of December 6th relating to the Madison County local option election. Attorney General McCollum has asked me to respond.

Chapter 567, Florida Statutes, Florida's local option election act, requires that one-fourth of the registered voters of the county sign the petition requesting a county-wide vote on the sale of intoxicating liquors, wines, or beer. Nothing in section 567.01, Florida Statutes, addresses the situation you have described involving signature gathering both before and after a general election and the calculation or recalculation of registered voters based on this fact situation. Florida and the nation have seen an unprecedented rise in the number of registered voters during the last general election cycle and this issue may arise in other contexts as well. I am enclosing a copy of Attorney General's Opinion 56-307 (1956) which advises that the number of signatures required is calculated based upon the day the petition is filed with the county commission pursuant to section 567.01, Florida Statutes.

I trust that these informal comments will be helpful to you.

Sincerely,

Gerry Hammond

Senior Assistant Attorney General

GH/t

Enclosure: AGO 56-307