SENATE AMENDMENT
Bill No. HB 65-E
Amendment No. ___ Barcode 225618
CHAMBER ACTION
Senate House
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11 The Committee on E&E recommended the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Section 15.21, Florida Statutes, is amended
18 to read:
19 15.21 Initiative petitions; s. 3, Art. XI, State
20 Constitution.--The Secretary of State shall immediately submit
21 an initiative petition to the Attorney General and to the
22 Revenue Estimating Conference if the sponsor has:
23 (1) Registered as a political committee pursuant to s.
24 106.03;
25 (2) Submitted the ballot title, substance, and text of
26 the proposed revision or amendment to the Secretary of State
27 pursuant to ss. 100.371 and 101.161; and
28 (3) Obtained a letter from the Division of Elections
29 confirming that the sponsor has submitted to the appropriate
30 supervisors for verification, and the supervisors have
31 verified, forms signed and dated equal to 10 percent of the
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SENATE AMENDMENT
Bill No. HB 65-E
Amendment No. ___ Barcode 225618
1 number of electors statewide and in at least one-fourth of the
2 congressional districts required by s. 3, Art. XI of the State
3 Constitution.
4 Section 2. Effective July 1, 2003, section 16.061,
5 Florida Statutes, is 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 and the compliance of the
15 fiscal-impact statement with ss. 100.371, 100.381, and
16 101.161. The petition may enumerate any specific factual
17 issues which the Attorney General believes would require a
18 judicial determination.
19 (2) A copy of the petition shall be provided to the
20 Secretary of State and the principal officer of the sponsor.
21 (3) Any fiscal-impact statement that the court finds
22 not to be in accordance with s. 100.371, s. 100.381, or s.
23 101.161 shall be remanded solely to the Revenue Estimating
24 Conference for redrafting.
25 Section 3. Present subsection (6) of section 100.371,
26 Florida Statutes, is redesignated as subsection (7) and
27 amended, and a new subsection (6) is added to that section, to
28 read:
29 100.371 Initiatives; procedure for placement on
30 ballot.--
31 (6)(a) Within 45 days after receipt of a proposed
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SENATE AMENDMENT
Bill No. HB 65-E
Amendment No. ___ Barcode 225618
1 revision or amendment to the State Constitution by initiative
2 petition from the Secretary of State or, for any initiative
3 approved by the Florida Supreme Court for the general election
4 ballot for 2002, within 45 days after the effective date of
5 this subsection, whichever occurs later, the Revenue
6 Estimating Conference shall complete an analysis and summary
7 analysis of the estimated increase or decrease in any revenues
8 or costs to state or local governments resulting from the
9 proposed initiative. The Revenue Estimating Conference shall
10 provide an opportunity for any proponents or opponents of the
11 initiative to submit information and may solicit information
12 or analysis from any other entities or agencies, including the
13 Office of Economic and Demographic Research.
14 (b)1. Members of the Revenue Estimating Conference
15 shall reach a consensus or majority concurrence on a clear,
16 unambiguous, accurate, and impartial fiscal-impact statement,
17 no more than 50 words in length, containing such language that
18 the statement shall be neither an argument, nor be likely to
19 create prejudice, for or against the proposed measure. Nothing
20 in this subsection prohibits the Revenue Estimating Conference
21 from setting forth a range of potential impacts in the
22 fiscal-impact statement.
23 2. If the members of the Revenue Estimating Conference
24 are unable to agree on the statement required by this
25 subsection, the following statement shall appear on the ballot
26 pursuant to 101.161(1): "The fiscal impact of this measure, if
27 any, cannot be reasonably determined at this time."
28 (c) The fiscal-impact statement must be separately
29 contained and be set forth after the ballot summary as
30 required in s. 101.161(1).
31 (7)(6) The Department of State may adopt shall have
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SENATE AMENDMENT
Bill No. HB 65-E
Amendment No. ___ Barcode 225618
1 the authority to promulgate rules in accordance with s. 120.54
2 to carry out the provisions of subsections (1)-(5) of this
3 section.
4 Section 4. Section 100.381, Florida Statutes, is
5 created to read:
6 100.381 Constitutional amendments or revisions other
7 than initiatives; fiscal-impact statement.--For any amendment
8 or revision proposed pursuant to Art. XI of the State
9 Constitution other than an initiative, the Revenue Estimating
10 Conference shall prepare a fiscal-impact statement as provided
11 in s. 100.371(6) no later than 60 days before the election on
12 the proposed amendment or revision. The fiscal-impact
13 statement must be separately contained and be set forth after
14 the ballot summary as required in s. 101.161(1).
15 Section 5. Subsection (1) of section 101.161, Florida
16 Statutes, is amended to read:
17 101.161 Referenda; ballots.--
18 (1) Whenever a constitutional amendment or other
19 public measure is submitted to the vote of the people, the
20 substance of such amendment or other public measure shall be
21 printed in clear and unambiguous language on the ballot after
22 the list of candidates, followed by the word "yes" and also by
23 the word "no," and shall be styled in such a manner that a
24 "yes" vote will indicate approval of the proposal and a "no"
25 vote will indicate rejection. The wording of the substance of
26 the amendment or other public measure and the ballot title to
27 appear on the ballot shall be embodied in the joint
28 resolution, constitutional revision commission proposal,
29 constitutional convention proposal, taxation and budget reform
30 commission proposal, or enabling resolution or ordinance.
31 Except for amendments and ballot language proposed by joint
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SENATE AMENDMENT
Bill No. HB 65-E
Amendment No. ___ Barcode 225618
1 resolution, the substance of the amendment or other public
2 measure shall be an explanatory statement, not exceeding 75
3 words in length, of the chief purpose of the measure. In
4 addition, the ballot shall include a separate fiscal-impact
5 statement concerning the measure prepared by the Revenue
6 Estimating Conference in accordance with s. 100.371(6) or s.
7 100.381. The ballot title shall consist of a caption, not
8 exceeding 15 words in length, by which the measure is commonly
9 referred to or spoken of.
10 Section 6. Paragraph (a) of subsection (3) of section
11 216.136, Florida Statutes, is amended to read:
12 216.136 Consensus estimating conferences; duties and
13 principals.--
14 (3) REVENUE ESTIMATING CONFERENCE.--
15 (a) Duties.--The Revenue Estimating Conference shall
16 develop such official information with respect to anticipated
17 state and local government revenues as the conference
18 determines is needed for the state planning and budgeting
19 system. Any principal may request the conference to review
20 and estimate revenues for any trust fund. Also, the conference
21 shall prepare fiscal-impact statements for constitutional
22 amendments pursuant to s. 100.371(6).
23 Section 7. If any law that is amended by this act was
24 also amended by a law enacted at the 2002 Regular Session of
25 the Legislature, such laws shall be construed as if they had
26 been enacted at the same session of the Legislature, and full
27 effect should be given to each if that is possible.
28 Section 8. This act does not apply to any
29 constitutional amendment proposed by initiative which has been
30 certified for ballot position by the Secretary of State or to
31 any joint resolution filed with the Secretary of State prior
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SENATE AMENDMENT
Bill No. HB 65-E
Amendment No. ___ Barcode 225618
1 to the effective date of this act.
2 Section 9. Except as otherwise expressly provided in
3 this act, this act shall take effect upon becoming a law.
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7 And the title is amended as follows:
8 Delete everything before the enacting clause
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10 and insert:
11 A bill to be entitled
12 An act relating to constitutional amendments;
13 amending s. 15.21, F.S.; requiring the
14 Secretary of State to submit certain initiative
15 petitions to the Revenue Estimating Conference;
16 amending s. 16.061, F.S.; requiring that the
17 Attorney General petition the Supreme Court to
18 review the estimated-fiscal-impact summary;
19 requiring the court to remand defective
20 fiscal-impact statements to the Revenue
21 Estimating Conference; amending ss. 100.371,
22 101.161, F.S., and creating s. 100.381, F.S.;
23 requiring that the Revenue Estimating
24 Conference provide an analysis of the fiscal
25 impact resulting to state or local governments
26 from any constitutional amendment; authorizing
27 the Revenue Estimating Conference to solicit
28 information regarding a proposed amendment;
29 providing procedures for drafting and voting on
30 a fiscal-impact statement by the Revenue
31 Estimating Conference; requiring that a
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SENATE AMENDMENT
Bill No. HB 65-E
Amendment No. ___ Barcode 225618
1 fiscal-impact statement be included on the
2 ballot after the ballot summary of the
3 amendment; amending s. 216.136, F.S.;
4 prescribing additional duties of the Revenue
5 Estimating Conference, to conform; providing
6 for construction of the act in pari materia
7 with laws enacted during the Regular Session of
8 the Legislature; providing exemptions from the
9 fiscal-impact-statement requirement for certain
10 proposed amendments; providing effective dates.
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