Senate Bill sb1322
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 1322
By Senator Cowin
20-680-03
1 A bill to be entitled
2 An act relating to constitutional amendments;
3 amending s. 16.061, F.S.; requiring the
4 Attorney General to immediately petition the
5 Supreme Court for review of certain fiscal
6 impact statements; deleting duties of the
7 Attorney General with respect to constitutional
8 amendments proposed other than by initiative;
9 amending s. 100.371, F.S.; revising times
10 within which the Revenue Estimating Conference
11 must complete its analysis and fiscal impact
12 statement for amendments proposed by
13 initiative; prescribing ballot language to be
14 used if a fiscal impact statement is not timely
15 approved by the Supreme Court; repealing s.
16 100.381, F.S., relating to fiscal impact
17 statement requirements for amendments proposed
18 other than by initiative; amending s. 101.161,
19 F.S.; prescribing placement of the fiscal
20 impact statement on the ballot; amending s.
21 101.62, F.S., relating to absentee ballots, to
22 conform; reenacting ss. 15.21, 216.136(3)(a),
23 F.S., to conform to the changes by this act;
24 providing procedures for commencing the fiscal
25 impact statement development and review process
26 for certain proposed initiatives; exempting
27 certain proposed initiatives from the fiscal
28 impact statement requirement; providing an
29 effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 1322
20-680-03
1 Section 1. Section 16.061, Florida Statutes, is
2 amended to read:
3 16.061 Initiative petitions Proposed constitutional
4 revisions or amendments.--
5 (1) The Attorney General shall, within 30 days after
6 receipt of a proposed revision or amendment to the State
7 Constitution by initiative petition from the Secretary of
8 State, petition the Supreme Court, requesting an advisory
9 opinion regarding the compliance of the text of the proposed
10 amendment or revision with s. 3, Art. XI of the State
11 Constitution and the compliance of the proposed ballot title
12 and substance with s. 101.161. The Attorney General shall,
13 within 30 days after receipt of the initiative petition's
14 fiscal impact statement or revised fiscal impact statement
15 from the Revenue Estimating Conference, or immediately after
16 receipt if received less than 120 days before the election at
17 which the question of ratifying the amendment will be
18 presented, petition the Supreme Court requesting an advisory
19 opinion regarding compliance of the statement with s.
20 100.371(6). and the compliance of the fiscal impact statement
21 with ss. 100.371 and 101.161. For all other proposed revisions
22 or amendments to the State Constitution, the Attorney General
23 shall, upon the Revenue Estimating Conference finalizing the
24 fiscal impact statement, petition the Supreme Court requesting
25 an advisory opinion regarding compliance of the text of the
26 fiscal impact statement with ss. 100.371, 100.381, and
27 101.161. The petition may enumerate any specific factual
28 issues which the Attorney General believes would require a
29 judicial determination.
30 (2) A copy of the petition shall be provided to the
31 Secretary of State and the principal officer of the sponsor.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 1322
20-680-03
1 (3) Any fiscal impact statement that the court finds
2 not to be in accordance with s. 100.371, s. 100.381, or s.
3 101.161 shall be remanded solely to the Revenue Estimating
4 Conference for redrafting.
5 Section 2. Subsections (6) and (7) of section 100.371,
6 Florida Statutes, are amended to read:
7 100.371 Initiatives; procedure for placement on
8 ballot.--
9 (6)(a) Within 45 days after receipt of a proposed
10 revision or amendment to the State Constitution by initiative
11 petition from the Secretary of State, or within 30 days after
12 such receipt if receipt occurs 120 days or less before the
13 election at which the question of ratifying the amendment will
14 be presented, for any initiative approved by the Florida
15 Supreme Court for the general election ballot for 2002, within
16 45 days after the effective date of this subsection, whichever
17 occurs later, the Revenue Estimating Conference shall complete
18 an analysis and fiscal impact statement to be placed on the
19 ballot of the estimated increase or decrease in any revenues
20 or costs to state or local governments resulting from the
21 proposed initiative. The Revenue Estimating Conference shall
22 provide an opportunity for any proponents or opponents of the
23 initiative to submit information and may solicit information
24 or analysis from any other entities or agencies, including the
25 Office of Economic and Demographic Research.
26 (b)1. Members of the Revenue Estimating Conference
27 shall reach a consensus or majority concurrence on a clear and
28 unambiguous fiscal impact statement, no more than 50 words in
29 length and immediately submit the statement to the Attorney
30 General. Nothing in this subsection prohibits the Revenue
31 Estimating Conference from setting forth a range of potential
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 1322
20-680-03
1 impacts in the fiscal impact statement. Any fiscal impact
2 statement that a court finds not to be in accordance with this
3 section, s. 100.381, or s. 101.161 shall be remanded solely to
4 the Revenue Estimating Conference for redrafting. The Revenue
5 Estimating Conference shall redraft the fiscal impact
6 statement within 15 days.
7 2. If the members of the Revenue Estimating Conference
8 are unable to agree on the statement required by this
9 subsection, the following statement shall appear on the ballot
10 pursuant to s. 101.161(1): "The fiscal impact of this measure,
11 if any, cannot be reasonably determined at this time."
12 3. Any fiscal impact statement that the Supreme Court
13 finds not to be in accordance with this subsection shall be
14 remanded solely to the Revenue Estimating Conference for
15 redrafting, provided the court's advisory opinion is rendered
16 at least 75 days before the election at which the question of
17 ratifying the amendment will be presented. The Revenue
18 Estimating Conference shall prepare and adopt a revised fiscal
19 impact statement no later than 5 p.m. on the 15th day after
20 the date of the court's opinion.
21 4. If, by 5 p.m. on the 55th day before the election,
22 the Supreme Court has not issued an advisory opinion approving
23 a fiscal impact statement prepared by the Revenue Estimating
24 Conference for an initiative amendment that otherwise meets
25 the legal requirements for ballot placement, the following
26 statement shall appear on the ballot pursuant to s.
27 101.161(1): "Due to time constraints, the fiscal impact of
28 this measure, if any, could not be included on the ballot."
29 5. If, by 5 p.m. on the 55th day before the general
30 election, the Supreme Court has not issued an advisory opinion
31 approving a fiscal impact statement prepared by the Revenue
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 1322
20-680-03
1 Estimating Conference for an initiative amendment that
2 otherwise meets the legal requirements for ballot placement at
3 the general election, the following statement shall appear on
4 the advance general election absentee ballot pursuant to s.
5 101.161(1): "Due to time constraints, the fiscal impact of
6 this measure, if any, could not be included on the ballot."
7 (c) The fiscal impact statement must be separately
8 contained and be set forth after the ballot summary as
9 required in s. 101.161(1).
10 (7) The Department of State may adopt rules in
11 accordance with s. 120.54 to carry out the provisions of
12 subsections (1)-(5) of this section.
13 Section 3. Section 100.381, Florida Statutes, is
14 repealed.
15 Section 4. 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
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 1322
20-680-03
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 following the ballot
5 summary a separate fiscal impact statement concerning the
6 measure prepared by the Revenue Estimating Conference in
7 accordance with s. 100.371(6) or s. 100.381. The ballot title
8 shall consist of a caption, not exceeding 15 words in length
9 by which the measure is commonly referred to or spoken of.
10 Section 5. Paragraph (a) of subsection (4) of section
11 101.62, Florida Statutes, is amended to read:
12 101.62 Request for absentee ballots.--
13 (4)(a) To each absent qualified elector overseas who
14 has requested an absentee ballot, the supervisor of elections
15 shall, not fewer than 35 days before the first primary
16 election, mail an absentee ballot. Not fewer than 45 days
17 before the second primary and general election, the supervisor
18 of elections shall mail an advance absentee ballot to those
19 persons requesting ballots for such elections. The advance
20 absentee ballot for the second primary shall be the same as
21 the first primary absentee ballot as to the names of
22 candidates, except that for any offices where there are only
23 two candidates, those offices and all political party
24 executive committee offices shall be omitted. Except as
25 provided in ss. s. 99.063(4) and 100.371(6)(b)5., the advance
26 absentee ballot for the general election shall be as specified
27 in s. 101.151, except that in the case of candidates of
28 political parties where nominations were not made in the first
29 primary, the names of the candidates placing first and second
30 in the first primary election shall be printed on the advance
31 absentee ballot. The advance absentee ballot or advance
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 1322
20-680-03
1 absentee ballot information booklet shall be of a different
2 color for each election and also a different color from the
3 absentee ballots for the first primary, second primary, and
4 general election. The supervisor shall mail an advance
5 absentee ballot for the second primary and general election to
6 each qualified absent elector for whom a request is received
7 until the absentee ballots are printed. The supervisor shall
8 enclose with the advance second primary absentee ballot and
9 advance general election absentee ballot an explanation
10 stating that the absentee ballot for the election will be
11 mailed as soon as it is printed; and, if both the advance
12 absentee ballot and the absentee ballot for the election are
13 returned in time to be counted, only the absentee ballot will
14 be counted. The Department of State may prescribe by rule the
15 requirements for preparing and mailing absentee ballots to
16 absent qualified electors overseas.
17 Section 6. For the purpose of incorporating the
18 amendments of sections 100.371 and 101.161, Florida Statutes,
19 in references thereto, section 15.21, Florida Statutes, is
20 reenacted to read:
21 15.21 Initiative petitions; s. 3, Art. XI, State
22 Constitution.--The Secretary of State shall immediately submit
23 an initiative petition to the Attorney General and to the
24 Revenue Estimating Conference if the sponsor has:
25 (1) Registered as a political committee pursuant to s.
26 106.03;
27 (2) Submitted the ballot title, substance, and text of
28 the proposed revision or amendment to the Secretary of State
29 pursuant to ss. 100.371 and 101.161; and
30 (3) Obtained a letter from the Division of Elections
31 confirming that the sponsor has submitted to the appropriate
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 1322
20-680-03
1 supervisors for verification, and the supervisors have
2 verified, forms signed and dated equal to 10 percent of the
3 number of electors statewide and in at least one-fourth of the
4 congressional districts required by s. 3, Art. XI of the State
5 Constitution.
6 Section 7. For the purpose of incorporating amendments
7 to section 100.371, Florida Statutes, in references thereto,
8 paragraph (a) of subsection (3) of section 216.136, Florida
9 Statutes, is reenacted to read:
10 216.136 Consensus estimating conferences; duties and
11 principals.--
12 (3) REVENUE ESTIMATING CONFERENCE.--
13 (a) Duties.--The Revenue Estimating Conference shall
14 develop such official information with respect to anticipated
15 state and local government revenues as the conference
16 determines is needed for the state planning and budgeting
17 system. Any principal may request the conference to review
18 and estimate revenues for any trust fund. Also, the conference
19 shall prepare fiscal impact statements for constitutional
20 amendments pursuant to s. 100.371(6).
21 Section 8. The Secretary of State shall immediately
22 submit to the Revenue Estimating Conference any active
23 initiative petition that met the requirements of section
24 15.21, Florida Statutes, before the effective date of this
25 act.
26 Section 9. This act does not apply to any
27 constitutional amendment proposed by initiative which has been
28 certified for ballot position by the Secretary of State before
29 the effective date of this act.
30 Section 10. This act shall take effect July 2, 2003.
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 1322
20-680-03
1 *****************************************
2 SENATE SUMMARY
3 Revises procedures relating to development and review of
fiscal impact statements for proposed constitutional
4 amendments. Deletes duties of the Attorney General with
respect to amendments proposed other than by initiative
5 and revises guidelines, including time limits, with
respect to those proposed by initiative. Prescribes
6 language to be included on the ballot when there was
insufficient time to provide an approved fiscal impact
7 statement.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
9
CODING: Words stricken are deletions; words underlined are additions.