CODING: Words stricken are deletions; words underlined are additions.
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The Committee on Rules and Calendar recommended the following
amendment:
SENATE AMENDMENT
Bill No. SB 2308
Amendment No. 1
CHAMBER ACTION
Senate House
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11 The Committee on Rules and Calendar recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 101.161, F.S., is amended to read:
19 101.161 Referenda; ballots.--
20 (1) Whenever a constitutional amendment or other
21 public measure is submitted to the vote of the people, a
22 ballot title and a ballot summary containing the substance of
23 such amendment or other public measure shall be printed in
24 clear and unambiguous language on the ballot after the list of
25 candidates, followed by the word "yes" and also by the word
26 "no," and shall be styled in such a manner that a "yes" vote
27 will indicate approval of the proposal and a "no" vote will
28 indicate rejection. The wording of the ballot summary
29 substance of the amendment or other public measure and the
30 ballot title to appear on the ballot shall be embodied in the
31 joint resolution, constitutional revision commission proposal,
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SENATE AMENDMENT
Bill No. SB 2308
Amendment No. 1
1 constitutional convention proposal, taxation and budget reform
2 commission proposal, or enabling resolution or ordinance. The
3 ballot summary and ballot title of a constitutional amendment
4 proposed by initiative shall be prepared by the sponsor and
5 approved by the Secretary of State in accordance with rules
6 adopted pursuant to s. 120.54. The ballot summary substance of
7 the amendment or other public measure shall be an explanatory
8 statement, not exceeding 75 words in length, of the chief
9 purpose of the measure. The ballot title shall consist of a
10 caption, not exceeding 15 words in length, by which the
11 measure is commonly referred to or spoken of.
12 (2) The substance and ballot title of a constitutional
13 amendment proposed by initiative shall be prepared by the
14 sponsor and approved by the Secretary of State in accordance
15 with rules adopted pursuant to s. 120.54. The Department of
16 State shall give each proposed constitutional amendment a
17 designating number for convenient reference. This number
18 designation shall appear on the ballot. Designating numbers
19 shall be assigned in the order of filing or certification of
20 the amendments. The Department of State shall furnish the
21 designating number, the ballot title, and the ballot summary
22 substance of each amendment to the supervisor of elections of
23 each county in which such amendment is to be voted on.
24 Section 2. Section 101.163, Florida Statutes, is
25 created, to read:
26 101.163 Review of ballot summaries and titles.--
27 (1) This section provides the exclusive process for
28 review and reformation of ballot summaries and titles for all
29 constitutional amendments submitted to the vote of the people.
30 (2) After final passage of a constitutional amendment
31 proposed by the Legislature, the Secretary of State shall
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SENATE AMENDMENT
Bill No. SB 2308
Amendment No. 1
1 submit the proposed ballot summary and title to the Attorney
2 General for review. Within 5 business days, the Attorney
3 General shall, in writing, notify the Secretary of State, the
4 President of the Senate, and the Speaker of the House of
5 Representatives whether the proposed ballot summary and title
6 clearly express the chief purpose of the measure. The
7 Attorney General shall state with specificity any and all
8 defects found and, if necessary, within 10 business days after
9 determining that the proposed ballot summary and title are
10 defective, prepare and file a ballot summary and title that
11 clearly express the chief purpose of the measure.
12 (3) The following procedure shall apply to review and
13 reformation of a ballot summary and title of a constitutional
14 amendment proposed by any other authorized method:
15 (a) After the filing of a constitutional amendment by
16 a procedure other than passage by the Legislature or, in the
17 case of an initiative, satisfaction of the conditions
18 expressed in s. 15.21, the Secretary of State shall submit the
19 proposed ballot summary and title to the Attorney General for
20 review as to whether the ballot summary and title clearly and
21 unambiguously express the chief purpose of the measure.
22 Within 5 business days after filing or transmission by the
23 Secretary of State in accordance with s. 15.21, the Attorney
24 General shall, in writing, notify the Secretary of State
25 whether the proposed ballot summary and title clearly and
26 unambiguously express the chief purpose of the measure. The
27 Attorney General shall state with specificity any and all
28 defects found and, if necessary, within 10 business days after
29 determining that the proposed ballot summary and title are
30 defective, prepare and file a ballot summary and title that
31 clearly and unambiguously express the chief purpose of the
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SENATE AMENDMENT
Bill No. SB 2308
Amendment No. 1
1 measure.
2 (b) Within 10 business days after completion of the
3 review and possible reformation by the Attorney General, the
4 Secretary of State shall, if no petition is filed in the
5 Supreme Court challenging the ballot summary and title,
6 transmit to the county supervisors of elections an attested
7 copy of the measure, including the approved ballot summary and
8 title, and a certification that the requirements of this
9 section have been fulfilled. If a petition is filed in the
10 Supreme Court challenging the ballot summary and title within
11 the time specified in paragraph (c), the Secretary of State
12 shall certify to the county supervisors of elections the
13 ballot summary and title that is finally approved by the
14 Supreme Court.
15 (c) Any elector who claims that a ballot summary and
16 title do not clearly and unambiguously express the chief
17 purpose of the measure must, within 10 days after the ballot
18 summary and title are filed by the Attorney General with the
19 Secretary of State, petition the Supreme Court. Such petition
20 must include a proposed substitute ballot summary and title
21 for the proposed measure. In order for the petition to be
22 successful, the petitioner must establish, in order, that:
23 1. The substitute ballot summary and title clearly and
24 unambiguously express the chief purpose of the measure; and
25 2. The ballot summary and title approved by the
26 Attorney General do not clearly and unambiguously express the
27 chief purpose of the measure.
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29 If the petitioner fails to establish the element required in
30 subparagraph 1., the petition shall be dismissed without
31 considering the element in subparagraph 2.
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SENATE AMENDMENT
Bill No. SB 2308
Amendment No. 1
1 (d) In the case of more than one successful
2 petitioner, the court must select the ballot summary that most
3 clearly expresses the chief purpose of the measure.
4 Section 3. Section 16.061, Florida Statutes, is
5 amended to read:
6 16.061 Initiative petitions.--
7 (1) The Attorney General shall, within 30 days after
8 receipt of a proposed revision or amendment to the State
9 Constitution by initiative petition from the Secretary of
10 State, petition the Supreme Court, requesting an advisory
11 opinion regarding the compliance of the text of the proposed
12 amendment or revision with s. 3, Art. XI of the State
13 Constitution and the compliance of the proposed ballot title
14 and substance with s. 101.161. The petition may enumerate any
15 specific factual issues which the Attorney General believes
16 would require a judicial determination.
17 (2) A copy of the petition shall be provided to the
18 Secretary of State and the principal officer of the sponsor.
19 Section 4. This act shall take effect upon becoming a
20 law.
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24 And the title is amended as follows:
25 Delete everything before the enacting clause
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27 and insert:
28 A bill to be entitled
29 An act relating to ballot referenda; amending
30 s. 101.161, F.S.; requiring that a ballot title
31 and summary be included on a constitutional
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SENATE AMENDMENT
Bill No. SB 2308
Amendment No. 1
1 amendment or other public measure submitted to
2 the vote of the people; creating s. 101.163,
3 F.S.; requiring that the Attorney General
4 review the ballot summary and title of a
5 proposed constitutional amendment and file a
6 revised ballot summary and title if necessary;
7 providing for the Secretary of State to
8 transmit an approved copy of a ballot summary
9 and title to the supervisors of elections;
10 authorizing an elector to petition the Supreme
11 Court if the ballot summary and title do not
12 express the chief purpose of the measure;
13 providing requirements for the petition;
14 amending s. 16.061, F.S., relating to
15 initiative petitions; conforming provisions to
16 changes made by the act; providing an effective
17 date
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