Senate Bill sb0068E

    Florida Senate - 2002                                  SB 68-E

    By Senator Pruitt





    313-2402-02

  1                      A bill to be entitled

  2         An act relating to constitutional amendments

  3         proposed by initiative; amending ss. 100.371,

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

  5         Estimating Conference provide an analysis of

  6         the fiscal impact to state or local governments

  7         resulting from any constitutional amendment

  8         proposed by initiative; authorizing the Revenue

  9         Estimating Conference to solicit information

10         regarding a proposed initiative amendment;

11         providing for a decision in the event of a tie

12         vote among members of the Revenue Estimating

13         Conference; requiring that a summary of the

14         estimated fiscal impact be included within the

15         ballot summary of the initiative; providing for

16         construction of the act in pari materia with

17         laws enacted during the Regular Session of the

18         Legislature; providing an effective date.

19  

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

21  

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

23  Florida Statutes, is redesignated as subsection (7) and

24  amended, and a new subsection (6) is added to that section, to

25  read:

26         100.371  Initiatives; procedure for placement on

27  ballot.--

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

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

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

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

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 68-E
    313-2402-02




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

 2  the Revenue Estimating Conference shall complete an analysis

 3  and summary analysis of the estimated increase or decrease in

 4  any revenues or costs to the state or local governments

 5  resulting from the proposed initiative. The Revenue Estimating

 6  Conference shall solicit information from any proponents or

 7  opponents of the initiative and may solicit information or

 8  analysis from any other entities or agencies, including the

 9  Office of Economic and Demographic Research. The members of

10  the Revenue Estimating Conference shall reach a consensus or

11  majority concurrence on the estimated fiscal impact of the

12  initiative. If the Revenue Estimating Conference does not

13  reach consensus and a tie vote exists, the tie shall be

14  decided in favor of the estimate of the Governor's designee to

15  the Revenue Estimating Conference. A summary of the estimated

16  fiscal impact must be included within the ballot summary as

17  required in s. 101.161(1).

18         (7)(6)  The Department of State may adopt shall have

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

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

21  section.

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

23  Statutes, is amended to read:

24         101.161  Referenda; ballots.--

25         (1)  Whenever a constitutional amendment or other

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

27  substance of such amendment or other public measure shall be

28  printed in clear and unambiguous language on the ballot after

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

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

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

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    Florida Senate - 2002                                  SB 68-E
    313-2402-02




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

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

 3  appear on the ballot shall be embodied in the joint

 4  resolution, constitutional revision commission proposal,

 5  constitutional convention proposal, taxation and budget reform

 6  commission proposal, or enabling resolution or ordinance.

 7  Except for amendments and ballot language proposed by joint

 8  resolution, the substance of the amendment or other public

 9  measure shall be an explanatory statement, not exceeding 75

10  words in length, of the chief purpose of the measure, plus a

11  separate summary of the fiscal impact of the measure prepared

12  by the Revenue Estimating Conference, not exceeding 30 words

13  in length, in accordance with s. 100.371(6).  The ballot title

14  shall consist of a caption, not exceeding 15 words in length,

15  by which the measure is commonly referred to or spoken of.

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

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

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

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

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

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

22  law.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Requires the Revenue Estimating Conference to estimate
      the fiscal impact of constitutional amendments proposed
27    by initiative. Requires that a summary of the estimated
      fiscal impact be included within the ballot summary of
28    the initiative. (See bill for details.)

29  

30  

31  

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CODING: Words stricken are deletions; words underlined are additions.