HB 1125 2003
1	CHAMBER ACTION
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6	The Committee on Procedures recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to voter information; creating s. 100.391,
12	F.S.; requiring the Department of State to prepare a voter
13	information guide for elections in which a constitutional
14	amendment or a candidate for retention as a justice is on
15	the ballot; specifying the information the guide is to
16	contain; providing requirements for the submission,
17	review, and adoption of such information; providing for
18	publication and dissemination of the guide; providing for
19	assessment of fees to cover certain costs of publication
20	and dissemination; providing the department rulemaking
21	authority; providing an effective date.
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23	Be It Enacted by the Legislature of the State of Florida:
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25	Section 1. Section 100.391, Florida Statutes, is created
26	to read:
27	100.391 Voter information guide.--
28	(1) The Department of State shall prepare a voter
29	information guide for any general election at which a proposed
30	constitutional amendment or a question to retain a justice in
31	office will appear on the ballot. The voter information guide
32	for such an election shall include:
33	(a) For each proposed constitutional amendment:
34	1. The title and text of the amendment, indicating any
35	deleted or amended material.
36	2. The form in which the amendment will appear on the
37	ballot, including the number by which it will be designated.
38	3. Arguments supporting and arguments opposing the
39	amendment.
40	4. An economic impact statement for the amendment,
41	comprised of an estimate of the increase or decrease in any
42	revenues or costs to state and local governments resulting from
43	the amendment if adopted.
44	(b) Information relating to the retention of any justice
45	who qualifies to run for retention in office.
46	(c) Voter registration information, including information
47	on how to obtain an absentee ballot.
48	(d) A list of the addresses and telephone numbers of all
49	offices of county supervisors of elections.
50	(2) The arguments supporting and arguments opposing a
51	proposed constitutional amendment required under subparagraph
52	(1)(a)3. shall be provided as follows:
53	(a) The sponsor of the amendment may file with the
54	department an argument supporting adoption of the amendment, and
55	the opponent of the amendment may file an argument opposing
56	adoption of the amendment. Each argument may not exceed 500
57	words. The argument of the sponsor may not be filed after July 1
58	immediately preceding the general election in which the question
59	is to be submitted to the voters, regardless of whether the
60	amendment has yet been approved by the department for ballot
61	position. The argument of the opponent may not be filed after
62	July 1 immediately preceding the general election. A rebuttal
63	argument not exceeding 250 words may be filed by the sponsor and
64	by the opponent on or before July 10 or within 5 days after the
65	filing of the argument to be rebutted, whichever is later.
66	(b) For purposes of this subsection, the sponsor of an
67	amendment shall be:
68	1. If proposed by initiative, the political committee
69	sponsoring the initiative.
70	2. If proposed by joint resolution, the Legislature, in
71	which case the supporting argument shall be filed jointly by the
72	Senate and the House of Representatives in any manner as may be
73	determined by the President of the Senate and the Speaker of the
74	House of Representatives.
75	3. If proposed by report of a revision commission,
76	constitutional convention, or taxation and budget reform
77	commission, the commission or convention, as applicable.
78	(c) For the purposes of this subsection, the opponent of
79	an amendment shall be:
80	1. Any legislator. If more than one legislator files an
81	argument in opposition, the President of the Senate and the
82	Speaker of the House of Representatives shall jointly select the
83	argument to be used, provided that if the amendment was proposed
84	by joint resolution, the argument selected must be one filed by
85	a legislator who voted against final passage of the resolution.
86	The selection of an argument by the President of the Senate and
87	the Speaker of the House of Representatives shall be made within
88	5 days after the deadline for filing the argument and shall be
89	made in any manner as they may agree; or
90	2. Any voter, if the amendment was proposed by joint
91	resolution and no legislator filed an argument in opposition to
92	it or voted against it. A voter may file an argument in
93	opposition within 10 days after the original deadline for filing
94	the argument. Arguments in opposition under this subparagraph
95	shall be limited to 100 words and shall include both the
96	opposition argument and the rebuttal of the sponsor's argument.
97	The department shall include the first five arguments timely
98	submitted under this subparagraph, provided that the department,
99	upon advice of counsel, may exclude any argument or rebuttal
100	containing scurrilous or scandalous matter.
101	(3) The Revenue Estimating Conference shall prepare and
102	submit to the department by July 15 immediately preceding the
103	general election the economic impact statement required under
104	subparagraph (1)(a)4. for each proposed constitutional amendment
105	that has been submitted to the Florida Supreme Court for review
106	in accordance with s. 16.061. It shall consider input from the
107	public, the Office of Economic and Demographic Research, and any
108	other entities it deems proper. If the economic impact statement
109	exceeds 200 words, the Revenue Estimating Conference shall
110	summarize the statement in 200 words or less and submit the
111	statement or summary to the department. The voter information
112	guide shall include an economic impact statement or summary, if
113	applicable, following the arguments supporting or opposing the
114	proposed amendment.
115	(4) The information relating to the retention of justices
116	required under paragraph (1)(b) shall biographical data on each
117	justice subject to a retention vote, to include:
118	(a) Birth date.
119	(b) Birth place.
120	(c) Spouse and children.
121	(d) Educational degrees.
122	(e) Military service.
123	(f) Legal offices and positions.
124	(g) Other significant offices and activities.
125	(h) Significant civic and religious activities.
126	(i) Significant publications and lectures.
127	(5) Following completion of the final voter information
128	guide, the department shall arrange for its publication on the
129	Internet and distribution to every registered political
130	committee and county supervisor of elections office in the
131	state. The guide shall be published and distributed not later
132	than 30 days prior to the general election. Sample ballots
133	published or distributed by county supervisors of elections for
134	the general election shall include a statement on how to obtain
135	a voter information guide, including the department's telephone
136	number, Internet address and mailing address. Subject to
137	appropriation, the department shall mail a guide to every
138	household with at least one registered voter in the state.
139	(6) The department shall assess a $500 fee against:
140	(a) Sponsors of initiatives submitting arguments
141	supporting an amendment.
142	(b) Registered political committees submitting evaluations
143	or statements of support for or opposition to retention of
144	justices.
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146	Information shall be excluded from the voter information guide
147	if the fee has not been submitted to the department along with
148	the information to be published in the guide. If for some reason
149	the information of a sponsor or registered political committee
150	is not included in the guide, the department shall refund the
151	fee.
152	(7) The department may adopt rules in accordance with ss.
153	120.536(1) and 120.54 to implement and administer the provisions
154	of this section.
155	Section 2. This act shall take effect January 1, 2004.