SENATE AMENDMENT
Bill No. HB 1883
Amendment No. ___ Barcode 891728
CHAMBER ACTION
Senate House
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11 Senator Cowin moved 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 16.061, Florida Statutes, is
18 amended to read:
19 16.061 Initiative petitions Proposed constitutional
20 revisions or amendments.--
21 (1) The Attorney General shall, within 30 days after
22 receipt of a proposed revision or amendment to the State
23 Constitution by initiative petition from the Secretary of
24 State, petition the Supreme Court, requesting an advisory
25 opinion regarding the compliance of the text of the proposed
26 amendment or revision with s. 3, Art. XI of the State
27 Constitution and the compliance of the proposed ballot title
28 and substance with s. 101.161. The Attorney General shall,
29 within 30 days after receipt of the initiative petition's
30 fiscal impact statement or revised fiscal impact statement
31 from the Revenue Estimating Conference, or immediately after
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SENATE AMENDMENT
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1 receipt if received less than 120 days before the election at
2 which the question of ratifying the amendment will be
3 presented, petition the Supreme Court requesting an advisory
4 opinion regarding compliance of the statement with s.
5 100.371(6). and the compliance of the fiscal impact statement
6 with ss. 100.371 and 101.161. For all other proposed revisions
7 or amendments to the State Constitution, the Attorney General
8 shall, upon the Revenue Estimating Conference finalizing the
9 fiscal impact statement, petition the Supreme Court requesting
10 an advisory opinion regarding compliance of the text of the
11 fiscal impact statement with ss. 100.371, 100.381, and
12 101.161. The petition may enumerate any specific factual
13 issues which the Attorney General believes would require a
14 judicial determination.
15 (2) A copy of the petition shall be provided to the
16 Secretary of State and the principal officer of the sponsor.
17 (3) Any fiscal impact statement that the court finds
18 not to be in accordance with s. 100.371, s. 100.381, or s.
19 101.161 shall be remanded solely to the Revenue Estimating
20 Conference for redrafting.
21 Section 2. Subsections (6) and (7) of section 100.371,
22 Florida Statutes, are amended to read:
23 100.371 Initiatives; procedure for placement on
24 ballot.--
25 (6)(a) Within 45 days after receipt of a proposed
26 revision or amendment to the State Constitution by initiative
27 petition from the Secretary of State, or within 30 days after
28 such receipt if receipt occurs 120 days or less before the
29 election at which the question of ratifying the amendment will
30 be presented, for any initiative approved by the Florida
31 Supreme Court for the general election ballot for 2002, within
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SENATE AMENDMENT
Bill No. HB 1883
Amendment No. ___ Barcode 891728
1 45 days after the effective date of this subsection, whichever
2 occurs later, the Revenue Estimating Conference shall complete
3 an analysis and fiscal impact statement to be placed on the
4 ballot of the estimated increase or decrease in any revenues
5 or costs to state or local governments resulting from the
6 proposed initiative. The Revenue Estimating Conference shall
7 provide an opportunity for any proponents or opponents of the
8 initiative to submit information and may solicit information
9 or analysis from any other entities or agencies, including the
10 Office of Economic and Demographic Research.
11 (b)1. Members of the Revenue Estimating Conference
12 shall reach a consensus or majority concurrence on a clear and
13 unambiguous fiscal impact statement, no more than 50 words in
14 length and immediately submit the statement to the Attorney
15 General. Nothing in this subsection prohibits the Revenue
16 Estimating Conference from setting forth a range of potential
17 impacts in the fiscal impact statement. Any fiscal impact
18 statement that a court finds not to be in accordance with this
19 section, s. 100.381, or s. 101.161 shall be remanded solely to
20 the Revenue Estimating Conference for redrafting. The Revenue
21 Estimating Conference shall redraft the fiscal impact
22 statement within 15 days.
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 s. 101.161(1): "The fiscal impact of this measure,
27 if any, cannot be reasonably determined at this time."
28 3. Any fiscal impact statement that the Supreme Court
29 finds not to be in accordance with this subsection shall be
30 remanded solely to the Revenue Estimating Conference for
31 redrafting, provided the court's advisory opinion is rendered
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1 at least 75 days before the election at which the question of
2 ratifying the amendment will be presented. The Revenue
3 Estimating Conference shall prepare and adopt a revised fiscal
4 impact statement no later than 5 p.m. on the 15th day after
5 the date of the court's opinion.
6 4. If, by 5 p.m. on the 55th day before the election,
7 the Supreme Court has not issued an advisory opinion approving
8 a fiscal impact statement prepared by the Revenue Estimating
9 Conference for an initiative amendment that otherwise meets
10 the legal requirements for ballot placement, the following
11 statement shall appear on the ballot pursuant to s.
12 101.161(1): "Due to time constraints, the fiscal impact of
13 this measure, if any, could not be included on the ballot."
14 5. If, by 5 p.m. on the 55th day before the general
15 election, the Supreme Court has not issued an advisory opinion
16 approving a fiscal impact statement prepared by the Revenue
17 Estimating Conference for an initiative amendment that
18 otherwise meets the legal requirements for ballot placement at
19 the general election, the following statement shall appear on
20 the advance general election absentee ballot pursuant to s.
21 101.161(1): "Due to time constraints, the fiscal impact of
22 this measure, if any, could not be included on the ballot."
23 (c) The fiscal impact statement must be separately
24 contained and be set forth after the ballot summary as
25 required in s. 101.161(1).
26 (7) The Department of State may adopt rules in
27 accordance with s. 120.54 to carry out the provisions of
28 subsections (1)-(5) of this section.
29 Section 3. Section 100.381, Florida Statutes, is
30 repealed.
31 Section 4. Subsection (1) of section 101.161, Florida
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1 Statutes, is amended to read:
2 101.161 Referenda; ballots.--
3 (1) Whenever a constitutional amendment or other
4 public measure is submitted to the vote of the people, the
5 substance of such amendment or other public measure shall be
6 printed in clear and unambiguous language on the ballot after
7 the list of candidates, followed by the word "yes" and also by
8 the word "no," and shall be styled in such a manner that a
9 "yes" vote will indicate approval of the proposal and a "no"
10 vote will indicate rejection. The wording of the substance of
11 the amendment or other public measure and the ballot title to
12 appear on the ballot shall be embodied in the joint
13 resolution, constitutional revision commission proposal,
14 constitutional convention proposal, taxation and budget reform
15 commission proposal, or enabling resolution or ordinance.
16 Except for amendments and ballot language proposed by joint
17 resolution, the substance of the amendment or other public
18 measure shall be an explanatory statement, not exceeding 75
19 words in length, of the chief purpose of the measure. In
20 addition, the ballot shall include following the ballot
21 summary a separate fiscal impact statement concerning the
22 measure prepared by the Revenue Estimating Conference in
23 accordance with s. 100.371(6) or s. 100.381. The ballot title
24 shall consist of a caption, not exceeding 15 words in length
25 by which the measure is commonly referred to or spoken of.
26 Section 5. Paragraph (a) of subsection (4) of section
27 101.62, Florida Statutes, is amended to read:
28 101.62 Request for absentee ballots.--
29 (4)(a) To each absent qualified elector overseas who
30 has requested an absentee ballot, the supervisor of elections
31 shall, not fewer than 35 days before the first primary
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1 election, mail an absentee ballot. Not fewer than 45 days
2 before the second primary and general election, the supervisor
3 of elections shall mail an advance absentee ballot to those
4 persons requesting ballots for such elections. The advance
5 absentee ballot for the second primary shall be the same as
6 the first primary absentee ballot as to the names of
7 candidates, except that for any offices where there are only
8 two candidates, those offices and all political party
9 executive committee offices shall be omitted. Except as
10 provided in ss. s. 99.063(4) and 100.371(6)(b)5., the advance
11 absentee ballot for the general election shall be as specified
12 in s. 101.151, except that in the case of candidates of
13 political parties where nominations were not made in the first
14 primary, the names of the candidates placing first and second
15 in the first primary election shall be printed on the advance
16 absentee ballot. The advance absentee ballot or advance
17 absentee ballot information booklet shall be of a different
18 color for each election and also a different color from the
19 absentee ballots for the first primary, second primary, and
20 general election. The supervisor shall mail an advance
21 absentee ballot for the second primary and general election to
22 each qualified absent elector for whom a request is received
23 until the absentee ballots are printed. The supervisor shall
24 enclose with the advance second primary absentee ballot and
25 advance general election absentee ballot an explanation
26 stating that the absentee ballot for the election will be
27 mailed as soon as it is printed; and, if both the advance
28 absentee ballot and the absentee ballot for the election are
29 returned in time to be counted, only the absentee ballot will
30 be counted. The Department of State may prescribe by rule the
31 requirements for preparing and mailing absentee ballots to
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Amendment No. ___ Barcode 891728
1 absent qualified electors overseas.
2 Section 6. For the purpose of incorporating the
3 amendments of sections 100.371 and 101.161, Florida Statutes,
4 in references thereto, section 15.21, Florida Statutes, is
5 reenacted to read:
6 15.21 Initiative petitions; s. 3, Art. XI, State
7 Constitution.--The Secretary of State shall immediately submit
8 an initiative petition to the Attorney General and to the
9 Revenue Estimating Conference if the sponsor has:
10 (1) Registered as a political committee pursuant to s.
11 106.03;
12 (2) Submitted the ballot title, substance, and text of
13 the proposed revision or amendment to the Secretary of State
14 pursuant to ss. 100.371 and 101.161; and
15 (3) Obtained a letter from the Division of Elections
16 confirming that the sponsor has submitted to the appropriate
17 supervisors for verification, and the supervisors have
18 verified, forms signed and dated equal to 10 percent of the
19 number of electors statewide and in at least one-fourth of the
20 congressional districts required by s. 3, Art. XI of the State
21 Constitution.
22 Section 7. For the purpose of incorporating amendments
23 to section 100.371, Florida Statutes, in references thereto,
24 paragraph (a) of subsection (3) of section 216.136, Florida
25 Statutes, is reenacted to read:
26 216.136 Consensus estimating conferences; duties and
27 principals.--
28 (3) REVENUE ESTIMATING CONFERENCE.--
29 (a) Duties.--The Revenue Estimating Conference shall
30 develop such official information with respect to anticipated
31 state and local government revenues as the conference
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1 determines is needed for the state planning and budgeting
2 system. Any principal may request the conference to review
3 and estimate revenues for any trust fund. Also, the conference
4 shall prepare fiscal impact statements for constitutional
5 amendments pursuant to s. 100.371(6).
6 Section 8. The Secretary of State shall immediately
7 submit to the Revenue Estimating Conference any active
8 initiative petition that met the requirements of section
9 15.21, Florida Statutes, before the effective date of this
10 act.
11 Section 9. This act does not apply to any
12 constitutional amendment proposed by initiative which has been
13 certified for ballot position by the Secretary of State before
14 the effective date of this act.
15 Section 10. This act shall take effect July 2, 2003.
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19 And the title is amended as follows:
20 Delete everything before the enacting clause
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22 and insert:
23 An act relating to constitutional amendments;
24 amending s. 16.061, F.S.; requiring the
25 Attorney General to immediately petition the
26 Supreme Court for review of certain fiscal
27 impact statements; deleting duties of the
28 Attorney General with respect to constitutional
29 amendments proposed other than by initiative;
30 amending s. 100.371, F.S.; revising times
31 within which the Revenue Estimating Conference
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SENATE AMENDMENT
Bill No. HB 1883
Amendment No. ___ Barcode 891728
1 must complete its analysis and fiscal impact
2 statement for amendments proposed by
3 initiative; prescribing ballot language to be
4 used if a fiscal impact statement is not timely
5 approved by the Supreme Court; repealing s.
6 100.381, F.S., relating to fiscal impact
7 statement requirements for amendments proposed
8 other than by initiative; amending s. 101.161,
9 F.S.; prescribing placement of the fiscal
10 impact statement on the ballot; amending s.
11 101.62, F.S., relating to absentee ballots, to
12 conform; reenacting ss. 15.21, 216.136(3)(a),
13 F.S., to conform to the changes by this act;
14 providing procedures for commencing the fiscal
15 impact statement development and review process
16 for certain proposed initiatives; exempting
17 certain proposed initiatives from the fiscal
18 impact statement requirement; providing an
19 effective date.
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