Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 2022
                        Barcode 840894
                            CHAMBER ACTION
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11  The Committee on Ethics and Elections (Posey) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 16.061, Florida Statutes, is
19  amended to read:
20         16.061  Initiative petitions.--
21         (1)  The Attorney General shall, within 30 days after
22  receipt of a proposed revision or amendment to the State
23  Constitution by initiative petition from the Secretary of
24  State, petition the Supreme Court, requesting an advisory
25  opinion regarding the compliance of the text of the proposed
26  amendment or revision with s. 3, Art. XI of the State
27  Constitution and the compliance of the proposed ballot title
28  and substance with s. 101.161. The Attorney General shall,
29  within 30 days after receipt of an initiative petition's
30  financial impact statement or revised financial impact
31  statement from the Financial Impact Estimating Conference,
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2022 Barcode 840894 1 petition the Supreme Court, requesting an advisory opinion 2 regarding the compliance of the statement with s. 100.371(6). 3 The petitions petition may enumerate any specific factual 4 issues that the Attorney General believes would require a 5 judicial determination. 6 (2) A copy of each the petition shall be provided to 7 the Secretary of State and the principal officer of the 8 sponsor. 9 (3) Any financial fiscal impact statement that the 10 court finds not to be in accordance with s. 100.371 shall be 11 remanded solely to the Financial Impact Estimating Conference 12 for redrafting. 13 Section 2. Subsections (1), (2), and (6) of section 14 100.371, Florida Statutes, are amended to read: 15 100.371 Initiatives; procedure for placement on 16 ballot.-- 17 (1) Constitutional amendments proposed by initiative 18 shall be placed on the ballot for the general election 19 provided that an initiative petition is filed with the 20 Secretary of State by February 1 of the year in which the 21 general election is to be held occurring in excess of 90 days 22 from the certification of ballot position by the Secretary of 23 State. 24 (2) Certification of ballot position Such 25 certification shall be issued when the Secretary of State has 26 received verification certificates from the supervisors of 27 elections indicating that the requisite number and 28 distribution of valid signatures of electors have been 29 submitted to and verified by the supervisors. Every signature 30 shall be dated when made and shall be valid for a period of 4 31 years following such date, provided all other requirements of 2 6:34 PM 04/01/05 s2022.ee24.111
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2022 Barcode 840894 1 law are satisfied complied with. 2 (6)(a) Within 45 days after receipt of a proposed 3 revision or amendment to the State Constitution by initiative 4 petition from the Secretary of State or, within 30 days after 5 such receipt if receipt occurs 120 days or less before the 6 election at which the question of ratifying the amendment will 7 be presented, the Financial Impact Estimating Conference shall 8 complete an analysis and financial impact statement to be 9 placed on the ballot of the estimated increase or decrease in 10 any revenues or costs to state or local governments resulting 11 from the proposed initiative. The Financial Impact Estimating 12 Conference shall submit the financial impact statement to the 13 Attorney General and Secretary of State. 14 (b)1. The Financial Impact Estimating Conference shall 15 provide an opportunity for any proponents or opponents of the 16 initiative to submit information and may solicit information 17 or analysis from any other entities or agencies, including the 18 Office of Economic and Demographic Research. All meetings of 19 the Financial Impact Estimating Conference shall be open to 20 the public as provided in chapter 286. 21 2. The Financial Impact Estimating Conference is 22 established to review, analyze, and estimate the financial 23 impact of amendments to or revisions of the State Constitution 24 proposed by initiative. The Financial Impact Estimating 25 Conference shall consist of four principals: one person from 26 the Executive Office of the Governor; the coordinator of the 27 Office of Economic and Demographic Research, or his or her 28 designee; one person from the professional staff of the 29 Senate; and one person from the professional staff of the 30 House of Representatives. Each principal shall have 31 appropriate fiscal expertise in the subject matter of the 3 6:34 PM 04/01/05 s2022.ee24.111
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2022 Barcode 840894 1 initiative. A Financial Impact Estimating Conference may be 2 appointed for each initiative. 3 3. Principals of the Financial Impact Estimating 4 Conference shall reach a consensus or majority concurrence on 5 a clear and unambiguous financial impact statement, no more 6 than 75 words in length, and immediately submit the statement 7 to the Attorney General. Nothing in this subsection prohibits 8 the Financial Impact Estimating Conference from setting forth 9 a range of potential impacts in the financial impact 10 statement. Any financial impact statement that a court finds 11 not to be in accordance with this section shall be remanded 12 solely to the Financial Impact Estimating Conference for 13 redrafting. The Financial Impact Estimating Conference shall 14 redraft the financial impact statement within 15 days. 15 4. If the members of the Financial Impact Estimating 16 Conference are unable to agree on the statement required by 17 this subsection, or if the Supreme Court has rejected the 18 initial submission by the Financial Impact Estimating 19 Conference and no redraft has been approved by the Supreme 20 Court by 5 p.m. on the 75th day before the election, the 21 following statement shall appear on the ballot pursuant to s. 22 101.161(1): "The financial impact of this measure, if any, 23 cannot be reasonably determined at this time." 24 (c) The financial impact statement must be separately 25 contained and be set forth after the ballot summary as 26 required in s. 101.161(1). 27 (d)1. Any financial impact statement that the Supreme 28 Court finds not to be in accordance with this subsection shall 29 be remanded solely to the Financial Impact Estimating 30 Conference for redrafting, provided the court's advisory 31 opinion is rendered at least 75 days before the election at 4 6:34 PM 04/01/05 s2022.ee24.111
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2022 Barcode 840894 1 which the question of ratifying the amendment will be 2 presented. The Financial Impact Estimating Conference shall 3 prepare and adopt a revised financial impact statement no 4 later than 5 p.m. on the 15th day after the date of the 5 court's opinion. 6 2. If, by 5 p.m. on the 75th day before the election, 7 the Supreme Court has not issued an advisory opinion on the 8 initial financial impact statement prepared by the Financial 9 Impact Estimating Conference for an initiative amendment that 10 otherwise meets the legal requirements for ballot placement, 11 the financial impact statement shall be deemed approved for 12 placement on the ballot. 13 3. In addition to the financial impact statement 14 required by this subsection, the Financial Impact Estimating 15 Conference shall draft an initiative financial information 16 statement. The initiative financial information statement 17 should describe in greater detail than the financial impact 18 statement any projected increase or decrease in revenues or 19 costs that the state or local governments would likely 20 experience if the ballot measure were approved. If 21 appropriate, the initiative financial information statement 22 may include both estimated dollar amounts and a description 23 placing the estimated dollar amounts into context. The 24 initiative financial information statement must include both a 25 summary of not more than 500 words and additional detailed 26 information that includes the assumptions that were made to 27 develop the financial impacts, workpapers, and any other 28 information deemed relevant by the Financial Impact Estimating 29 Conference. 30 4. The Department of State shall have printed, and 31 shall furnish to each supervisor of elections, a copy of the 5 6:34 PM 04/01/05 s2022.ee24.111
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2022 Barcode 840894 1 summary from the initiative financial information statements. 2 The supervisors shall have the summary from the initiative 3 financial information statements available at each polling 4 place and at the main office of the supervisor of elections 5 upon request. 6 5. The Secretary of State and the Office of Economic 7 and Demographic Research shall make available on the Internet 8 each initiative financial information statement in its 9 entirety. In addition, each supervisor of elections whose 10 office has a website shall post the summary from each 11 initiative financial information statement on the website. 12 Each supervisor shall include the Internet addresses for the 13 information statements on the Secretary of State's and the 14 Office of Economic and Demographic Research's websites in the 15 publication or mailing required by s. 101.20. 16 Section 3. This act shall take effect upon becoming a 17 law. 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 Delete everything before the enacting clause 23 24 and insert: 25 A bill to be entitled 26 An act relating to constitutional amendments; 27 amending s. 16.061, F.S.; requiring the 28 Attorney General to petition the Supreme Court 29 regarding compliance of financial impact 30 statements; amending s. 100.371, F.S.; 31 requiring initiative petitions to be filed by 6 6:34 PM 04/01/05 s2022.ee24.111
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2022 Barcode 840894 1 February 1 of a general election year in order 2 to be placed on the ballot; providing an 3 effective date. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 6:34 PM 04/01/05 s2022.ee24.111