House Bill 1955

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    Florida House of Representatives - 2000                HB 1955

        By the Committee on Judiciary and Representative Byrd






  1                      A bill to be entitled

  2         An act relating to referenda ballots; amending

  3         s. 101.161, F.S.; exempting amendments and

  4         ballot language proposed by joint resolution

  5         from length restrictions that apply to the

  6         ballot statement; revising ballot language used

  7         to change the method of selecting circuit and

  8         county court judges; providing an effective

  9         date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Section 101.161, Florida Statutes, is

14  amended to read:

15         101.161  Referenda; ballots.--

16         (1)  Whenever a constitutional amendment or other

17  public measure is submitted to the vote of the people, the

18  substance of such amendment or other public measure shall be

19  printed in clear and unambiguous language on the ballot after

20  the list of candidates, followed by the word "yes" and also by

21  the word "no," and shall be styled in such a manner that a

22  "yes" vote will indicate approval of the proposal and a "no"

23  vote will indicate rejection.  The wording of the substance of

24  the amendment or other public measure and the ballot title to

25  appear on the ballot shall be embodied in the joint

26  resolution, constitutional revision commission proposal,

27  constitutional convention proposal, taxation and budget reform

28  commission proposal, or enabling resolution or ordinance.

29  Except for amendments and ballot language proposed by joint

30  resolution, the substance of the amendment or other public

31  measure shall be an explanatory statement, not exceeding 75

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    Florida House of Representatives - 2000                HB 1955

    687-129-00






  1  words in length, of the chief purpose of the measure.  The

  2  ballot title shall consist of a caption, not exceeding 15

  3  words in length, by which the measure is commonly referred to

  4  or spoken of.

  5         (2)  The substance and ballot title of a constitutional

  6  amendment proposed by initiative shall be prepared by the

  7  sponsor and approved by the Secretary of State in accordance

  8  with rules adopted pursuant to s. 120.54. The Department of

  9  State shall give each proposed constitutional amendment a

10  designating number for convenient reference.  This number

11  designation shall appear on the ballot. Designating numbers

12  shall be assigned in the order of filing or certification of

13  the amendments.  The Department of State shall furnish the

14  designating number, the ballot title, and the substance of

15  each amendment to the supervisor of elections of each county

16  in which such amendment is to be voted on.

17         (3)(a)  The ballot for the general election in the year

18  2000 must contain a statement allowing voters to determine

19  whether circuit or county court judges will be selected by

20  merit selection and retention as provided in s. 10, Art. V of

21  the State Constitution. The ballot in each circuit must

22  contain the statement in paragraph (c). The ballot in each

23  county must contain the statement in paragraph (e).

24         (b)  For any general election in which the Secretary of

25  State, for any circuit, or the supervisor of elections, for

26  any county, has certified the ballot position for an

27  initiative to change the method of selection of judges, the

28  ballot for any circuit must contain the statement in paragraph

29  (c) or paragraph (d) and the ballot for any county must

30  contain the statement in paragraph (e) or paragraph (f).

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    Florida House of Representatives - 2000                HB 1955

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  1         (c)  In any circuit where the initiative is to change

  2  the selection of circuit court judges to selection by merit

  3  selection and retention, the ballot shall state: "Shall the

  4  method of selecting circuit court judges in the ...(number of

  5  the circuit)... judicial circuit be changed from election by a

  6  vote of the people to selection by the judicial nominating

  7  commission and appointment by the Governor with subsequent

  8  terms determined by a retention vote of the people selected

  9  through merit selection and retention?" This statement must be

10  followed by the word "yes" and also by the word "no."

11         (d)  In any circuit where the initiative is to change

12  the selection of circuit court judges to election by the

13  voters, the ballot shall state: "Shall the method of selecting

14  circuit court judges in the ...(number of the circuit)...

15  judicial circuit be changed from selection by the judicial

16  nominating commission and appointment by the Governor with

17  subsequent terms determined by a retention vote of the people

18  to election by a vote of the people selected by vote of the

19  electorate of the circuit?" This statement must be followed by

20  the word "yes" and also by the word "no."

21         (e)  In any county where the initiative is to change

22  the selection of county court judges to merit selection and

23  retention, the ballot shall state: "Shall the method of

24  selecting county court judges in ...(name of county)... be

25  changed from election by a vote of the people to selection by

26  the judicial nominating commission and appointment by the

27  Governor with subsequent terms determined by a retention vote

28  of the people selected through merit selection and retention?"

29  This statement must be followed by the word "yes" and also by

30  the word "no."

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    Florida House of Representatives - 2000                HB 1955

    687-129-00






  1         (f)  In any county where the initiative is to change

  2  the selection of county court judges to election by the

  3  voters, the ballot shall state: "Shall the method of selecting

  4  county court judges in ...(name of the county)... be changed

  5  from selection by the judicial nominating commission and

  6  appointment by the Governor with subsequent terms determined

  7  by a retention vote of the people to election by a vote of the

  8  people selected by vote of the electorate of the county?" This

  9  statement must be followed by the word "yes" and also by the

10  word "no."

11         Section 2.  This act shall take effect upon becoming a

12  law.

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14            *****************************************

15                          HOUSE SUMMARY

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      Exempts amendments and ballot language proposed by joint
17    resolution from the length restrictions that apply to the
      ballot statement. Revises ballot language used to change
18    the method of selecting circuit and county court judges
      to clarify the alternatives.
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