House Bill hb0065E

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    Florida House of Representatives - 2002                HB 65-E

        By Representative Goodlette






  1                      A bill to be entitled

  2         An act relating to constitutional amendments

  3         proposed by initiative; amending ss. 100.371

  4         and 101.161, F.S.; requiring the Revenue

  5         Estimating Conference to provide an analysis of

  6         the estimated fiscal impact to state or local

  7         governments resulting from any constitutional

  8         amendment proposed by initiative; authorizing

  9         the Revenue Estimating Conference to solicit

10         information regarding a proposed initiative

11         amendment; providing for a decision in the

12         event of a tie vote among members of the

13         Revenue Estimating Conference; requiring that a

14         summary analysis of the estimated fiscal impact

15         be included on the ballot following the ballot

16         title and substance of the initiative;

17         providing for construction of the act in pari

18         materia with laws enacted during the Regular

19         Session of the Legislature; providing an

20         effective date.

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

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24         Section 1.  Present subsection (6) of section 100.371,

25  Florida Statutes, is renumbered as subsection (7) and amended,

26  and a new subsection (6) is added to said section, to read:

27         100.371  Initiatives; procedure for placement on

28  ballot.--

29         (6)  Within 45 days after approval of the proposed

30  ballot language by the Supreme Court pursuant to s. 3(b)(10),

31  Art. V of the State Constitution or, for any initiative

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    Florida House of Representatives - 2002                HB 65-E

    704-191-02E






 1  approved for the general election ballot for 2002, within 45

 2  days after this act becoming a law, whichever occurs later,

 3  the Revenue Estimating Conference shall provide an analysis

 4  and summary analysis of the estimated fiscal impact of the

 5  proposed initiative. For purposes of this subsection,

 6  "estimated fiscal impact" means the estimated increase or

 7  decrease in any revenues or costs to the state or local

 8  governments resulting from the proposed initiative. The

 9  Revenue Estimating Conference shall solicit information from

10  any proponents or opponents of the initiative and may solicit

11  information or analysis from any other entities or agencies,

12  including the Office of Economic and Demographic Research. The

13  members of the Revenue Estimating Conference shall reach a

14  consensus or majority concurrence on the estimated fiscal

15  impact of the initiative. If the Revenue Estimating Conference

16  does not reach consensus and a tie vote exists, the tie shall

17  be decided in favor of the estimate of the Governor's designee

18  to the Revenue Estimating Conference. A summary analysis of

19  the estimated fiscal impact must be included on the ballot

20  following the ballot title and substance as required in s.

21  101.161(1).

22         (7)(6)  The Department of State may adopt shall have

23  the authority to promulgate rules in accordance with s. 120.54

24  to carry out the provisions of subsections (1)-(5) of this

25  section.

26         Section 2.  Subsection (1) of section 101.161, Florida

27  Statutes, is amended to read:

28         101.161  Referenda; ballots.--

29         (1)  Whenever a constitutional amendment or other

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

31  substance of such amendment or other public measure shall be

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    Florida House of Representatives - 2002                HB 65-E

    704-191-02E






 1  printed in clear and unambiguous language on the ballot after

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

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

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

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

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

 7  appear on the ballot shall be embodied in the joint

 8  resolution, constitutional revision commission proposal,

 9  constitutional convention proposal, taxation and budget reform

10  commission proposal, or enabling resolution or ordinance.

11  Except for amendments and ballot language proposed by joint

12  resolution, the substance of the amendment or other public

13  measure shall be an explanatory statement, not exceeding 75

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

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

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

17  or spoken of. A summary analysis of the estimated fiscal

18  impact of each constitutional amendment proposed by

19  initiative, provided in accordance with s. 100.371(6) and not

20  exceeding 30 words in length, shall be included on the ballot

21  following the ballot title and substance.

22         Section 3.  If any law that is amended by this act was

23  also amended by a law enacted at the 2002 Regular Session of

24  the Legislature, such laws shall be construed as if they had

25  been enacted at the same session of the Legislature, and full

26  effect should be given to each if that is possible.

27         Section 4.  This act shall take effect upon becoming a

28  law.

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    Florida House of Representatives - 2002                HB 65-E

    704-191-02E






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 2                          HOUSE SUMMARY

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      Requires the Revenue Estimating Conference to estimate
 4    the fiscal impact of constitutional amendments proposed
      by initiative. Requires that a summary analysis of the
 5    estimated fiscal impact be included on the ballot
      following the ballot title and substance of the
 6    initiative. See bill for details.

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