SENATE AMENDMENT
Bill No. CS for CS for SB 1700, 1st Eng.
Amendment No. ___ Barcode 191990
CHAMBER ACTION
Senate House
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11 Senator Klein moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 3, line 5, through
15 page 10, line 20, delete those lines
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17 and insert:
18 16.061 Proposed constitutional revisions or
19 amendments.--
20 (1) The Attorney General shall, within 30 days after
21 receipt of a proposed revision or amendment to the State
22 Constitution by initiative petition from the Secretary of
23 State, petition the Supreme Court, requesting an advisory
24 opinion regarding the compliance of the text of the proposed
25 amendment or revision with s. 3, Art. XI of the State
26 Constitution and the compliance of the proposed ballot title
27 and substance with s. 101.161 and the compliance of the
28 financial fiscal impact statement with ss. 100.371 and
29 101.161. For all other proposed revisions or amendments to the
30 State Constitution, the Attorney General shall, upon the
31 Financial Impact Revenue Estimating Conference finalizing the
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SENATE AMENDMENT
Bill No. CS for CS for SB 1700, 1st Eng.
Amendment No. ___ Barcode 191990
1 financial fiscal impact statement, petition the Supreme Court
2 requesting an advisory opinion regarding compliance of the
3 text of the financial fiscal impact statement with ss.
4 100.371, 100.381, and 101.161. The petition may enumerate any
5 specific factual issues that which the Attorney General
6 believes would require a judicial determination.
7 (2) A copy of the petition shall be provided to the
8 Secretary of State and the principal officer of the sponsor.
9 (3) Any financial fiscal impact statement that the
10 court finds not to be in accordance with s. 100.371, s.
11 100.381, or s. 101.161 shall be remanded solely to the
12 Financial Impact Revenue Estimating Conference for redrafting.
13 Section 3. Subsections (6) and (7) of section 100.371,
14 Florida Statutes, are amended to read:
15 100.371 Initiatives; procedure for placement on
16 ballot.--
17 (6)(a) Within 45 days after receipt of a proposed
18 revision or amendment to the State Constitution by initiative
19 petition from the Secretary of State or, within 30 days after
20 such receipt if receipt occurs 120 days or less before the
21 election at which the question of ratifying the amendment will
22 be presented for any initiative approved by the Florida
23 Supreme Court for the general election ballot for 2002, within
24 45 days after the effective date of this subsection, whichever
25 occurs later, the Financial Impact Revenue Estimating
26 Conference shall complete an analysis and financial fiscal
27 impact statement to be placed on the ballot of the estimated
28 increase or decrease in any revenues or costs to state or
29 local governments resulting from the proposed amendment or
30 revision initiative. The Financial Impact Estimating
31 Conference shall submit the financial impact statement to the
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SENATE AMENDMENT
Bill No. CS for CS for SB 1700, 1st Eng.
Amendment No. ___ Barcode 191990
1 Attorney General and Secretary of State.
2 (b)1. The Financial Impact Revenue Estimating
3 Conference shall provide an opportunity for any proponents or
4 opponents of a proposed amendment or revision of the State
5 Constitution the initiative to submit information and may
6 solicit information or analysis from any other entities or
7 agencies, including the Office of Economic and Demographic
8 Research. All meetings of the Financial Impact Estimating
9 Conference shall be open to the public as provided in chapter
10 286.
11 2. The Financial Impact Estimating Conference is
12 established to review, analyze, and estimate the financial
13 impact of proposed amendments to or revisions of the State
14 Constitution. The Financial Impact Estimating Conference shall
15 consist of four principals: one person from the Executive
16 Office of the Governor; the coordinator of the Office of
17 Economic and Demographic Research, or his or her designee; one
18 person from the professional staff of the Senate; and one
19 person from the professional staff of the House of
20 Representatives. Each principal shall have appropriate fiscal
21 expertise in the subject matter of the initiative. A Financial
22 Impact Estimating Conference may be appointed for each
23 initiative.
24 3.(b)1. Principals Members of the Financial Impact
25 Revenue Estimating Conference shall reach a consensus or
26 majority concurrence on a clear and unambiguous financial
27 fiscal impact statement, no more than 75 50 words in length
28 and immediately submit the statement to the Attorney General.
29 Nothing in this subsection prohibits the Financial Impact
30 Revenue Estimating Conference from setting forth a range of
31 potential impacts in the financial fiscal impact statement.
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SENATE AMENDMENT
Bill No. CS for CS for SB 1700, 1st Eng.
Amendment No. ___ Barcode 191990
1 Any financial fiscal impact statement that a court finds not
2 to be in accordance with this section, s. 100.381, or s.
3 101.161 shall be remanded solely to the Financial Impact
4 Revenue Estimating Conference for redrafting. The Financial
5 Impact Revenue Estimating Conference shall redraft the
6 financial fiscal impact statement within 15 days.
7 4.2. If the members of the Financial Impact Revenue
8 Estimating Conference are unable to agree on the statement
9 required by this subsection, or if the Supreme Court has
10 rejected the initial submission by the Financial Impact
11 Estimating Conference and no redraft has been approved by the
12 Supreme Court by 5 p.m. on the 75th day before the election,
13 the following statement shall appear on the ballot pursuant to
14 s. 101.161(1): "The financial fiscal impact of this measure,
15 if any, cannot be reasonably determined at this time."
16 (c) The financial fiscal impact statement must be
17 separately contained and be set forth after the ballot summary
18 as required in s. 101.161(1).
19 (d)1. Any financial impact statement that the Supreme
20 Court finds not to be in accordance with this subsection shall
21 be remanded solely to the Financial Impact Estimating
22 Conference for redrafting, provided the court's advisory
23 opinion is rendered at least 75 days before the election at
24 which the question of ratifying the amendment will be
25 presented. The Financial Impact Estimating Conference shall
26 prepare and adopt a revised financial impact statement no
27 later than 5 p.m. on the 15th day after the date of the
28 court's opinion.
29 2. If, by 5 p.m. on the 75th day before the election,
30 the Supreme Court has not issued an advisory opinion on the
31 initial financial impact statement prepared by the Financial
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SENATE AMENDMENT
Bill No. CS for CS for SB 1700, 1st Eng.
Amendment No. ___ Barcode 191990
1 Impact Estimating Conference for an amendment or revision that
2 otherwise meets the legal requirements for ballot placement,
3 the financial impact statement shall be deemed approved for
4 placement on the ballot.
5 3. In addition to the financial impact statement
6 required by this subsection, the Financial Impact Estimating
7 Conference shall draft a financial information statement. The
8 financial information statement should describe in greater
9 detail than the financial impact statement any projected
10 increase or decrease in revenues or costs that the state or
11 local governments would likely experience if the ballot
12 measure were approved. If appropriate, the financial
13 information statement may include both estimated dollar
14 amounts and a description placing the estimated dollar amounts
15 into context. The financial information statement must include
16 both a summary of not more than 500 words and additional
17 detailed information that includes the assumptions that were
18 made to develop the financial impacts, workpapers, and any
19 other information deemed relevant by the Financial Impact
20 Estimating Conference.
21 4. The Department of State shall have printed, and
22 shall furnish to each supervisor of elections, a copy of the
23 summary from the financial information statements. The
24 supervisors shall have the summary from the financial
25 information statements available at each polling place and at
26 the main office of the supervisor of elections upon request.
27 5. The Secretary of State and the Office of Economic
28 and Demographic Research shall make available on the Internet
29 each financial information statement in its entirety. In
30 addition, each supervisor of elections whose office has a
31 website shall post the summary from each financial information
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SENATE AMENDMENT
Bill No. CS for CS for SB 1700, 1st Eng.
Amendment No. ___ Barcode 191990
1 statement on the website. Each supervisor shall include the
2 Internet addresses for the information statements on the
3 Secretary of State's and the Office of Economic and
4 Demographic Research's websites in the publication or mailing
5 required by s. 101.20.
6 (7) The Department of State may adopt rules in
7 accordance with s. 120.54 to carry out the provisions of
8 subsections (1)-(6) (1)-(5) of this section.
9 Section 4. Section 100.381, Florida Statutes, is
10 amended to read:
11 100.381 Constitutional amendments or revisions other
12 than initiatives; financial fiscal impact statement.--For any
13 amendment or revision proposed pursuant to Art. XI of the
14 State Constitution other than an initiative, the Financial
15 Impact Revenue Estimating Conference shall prepare a financial
16 fiscal impact statement as provided in s. 100.371(6) no later
17 than 80 days before the election on the proposed amendment or
18 revision. The financial fiscal impact statement must be
19 separately contained and be set forth after the ballot summary
20 as required in s. 101.161(1).
21 Section 5. Subsection (1) of section 101.161, Florida
22 Statutes, is amended to read:
23 101.161 Referenda; ballots.--
24 (1) Whenever a constitutional amendment or other
25 public measure is submitted to the vote of the people, the
26 substance of such amendment or other public measure shall be
27 printed in clear and unambiguous language on the ballot after
28 the list of candidates, followed by the word "yes" and also by
29 the word "no," and shall be styled in such a manner that a
30 "yes" vote will indicate approval of the proposal and a "no"
31 vote will indicate rejection. The wording of the substance of
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SENATE AMENDMENT
Bill No. CS for CS for SB 1700, 1st Eng.
Amendment No. ___ Barcode 191990
1 the amendment or other public measure and the ballot title to
2 appear on the ballot shall be embodied in the joint
3 resolution, constitutional revision commission proposal,
4 constitutional convention proposal, taxation and budget reform
5 commission proposal, or enabling resolution or ordinance.
6 Except for amendments and ballot language proposed by joint
7 resolution, the substance of the amendment or other public
8 measure shall be an explanatory statement, not exceeding 75
9 words in length, of the chief purpose of the measure. In
10 addition, for every proposed amendment or revision of the
11 State Constitution, the ballot shall include, following the
12 ballot summary, a separate financial fiscal impact statement
13 concerning the measure prepared by the Financial Impact
14 Revenue Estimating Conference in accordance with s. 100.371(6)
15 or s. 100.381. The ballot title shall consist of a caption,
16 not exceeding 15 words in length, by which the measure is
17 commonly referred to or spoken of.
18 Section 6. Paragraph (a) of subsection (4) of section
19 101.62, Florida Statutes, is amended to read:
20 101.62 Request for absentee ballots.--
21 (4)(a) To each absent qualified elector overseas who
22 has requested an absentee ballot, the supervisor of elections
23 shall, not fewer than 35 days before the first primary
24 election, mail an absentee ballot. Not fewer than 45 days
25 before the second primary and general election, the supervisor
26 of elections shall mail an advance absentee ballot to those
27 persons requesting ballots for such elections. The advance
28 absentee ballot for the second primary shall be the same as
29 the first primary absentee ballot as to the names of
30 candidates, except that for any offices where there are only
31 two candidates, those offices and all political party
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SENATE AMENDMENT
Bill No. CS for CS for SB 1700, 1st Eng.
Amendment No. ___ Barcode 191990
1 executive committee offices shall be omitted. Except as
2 provided in ss. s. 99.063(4) and 100.371(6), the advance
3 absentee ballot for the general election shall be as specified
4 in s. 101.151, except that in the case of candidates of
5 political parties where nominations were not made in the first
6 primary, the names of the candidates placing first and second
7 in the first primary election shall be printed on the advance
8 absentee ballot. The advance absentee ballot or advance
9 absentee ballot information booklet shall be of a different
10 color for each election and also a different color from the
11 absentee ballots for the first primary, second primary, and
12 general election. The supervisor shall mail an advance
13 absentee ballot for the second primary and general election to
14 each qualified absent elector for whom a request is received
15 until the absentee ballots are printed. The supervisor shall
16 enclose with the advance second primary absentee ballot and
17 advance general election absentee ballot an explanation
18 stating that the absentee ballot for the election will be
19 mailed as soon as it is printed; and, if both the advance
20 absentee ballot and the absentee ballot for the election are
21 returned in time to be counted, only the absentee ballot will
22 be counted. The Department of State may prescribe by rule the
23 requirements for preparing and mailing absentee ballots to
24 absent qualified electors overseas.
25 Section 7. Paragraph (a) of subsection (3) of section
26 216.136, Florida Statutes, is amended to read:
27 216.136 Consensus estimating conferences; duties and
28 principals.--
29 (3) REVENUE ESTIMATING CONFERENCE.--
30 (a) Duties.--The Revenue Estimating Conference shall
31 develop such official information with respect to anticipated
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SENATE AMENDMENT
Bill No. CS for CS for SB 1700, 1st Eng.
Amendment No. ___ Barcode 191990
1 state and local government revenues as the conference
2 determines is needed for the state planning and budgeting
3 system. Any principal may request the conference to review
4 and estimate revenues for any trust fund. Also, the conference
5 shall prepare fiscal impact statements for constitutional
6 amendments pursuant to s. 100.371(6).
7 Section 8. The Secretary of State shall immediately
8 submit to the Financial Impact Estimating Conference any
9 active initiative petition that met the requirements of
10 section 15.21, Florida Statutes, or any joint resolution filed
11 with the Secretary of State before the effective date of this
12 act.
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16 And the title is amended as follows:
17 On page 1, line 7, through
18 page 2, line 10, delete those lines
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20 and insert:
21 Impact Estimating Conference; amending s.
22 16.061, F.S.; requiring the Attorney General to
23 immediately petition the Supreme Court for
24 review of certain financial impact statements;
25 amending s. 100.371, F.S.; revising the times
26 within which the Financial Impact Estimating
27 Conference must complete its analysis and
28 financial impact statement for proposed
29 amendments or revisions; providing for open
30 meetings; establishing the Financial Impact
31 Estimating Conference for certain purposes;
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SENATE AMENDMENT
Bill No. CS for CS for SB 1700, 1st Eng.
Amendment No. ___ Barcode 191990
1 specifying principals of the conference;
2 revising criteria for financial impact
3 statements; providing for redrafting of such
4 statements by the conference under certain
5 circumstances; requiring the Financial Impact
6 Estimating Conference to produce a financial
7 information statement and summary; specifying
8 statement requirements; providing for
9 distribution and publication of the financial
10 information statement and summary; amending s.
11 100.381, F.S.; conforming to changes made by
12 the act; amending s. 101.161, F.S.; prescribing
13 placement of the financial impact statement on
14 the ballot; amending s. 101.62, F.S., relating
15 to absentee ballots, to conform; amending s.
16 216.136, F.S.; conforming provisions to changes
17 made by the act; providing procedures for
18 commencing the financial impact statement
19 development and review process for certain
20 proposed amendments or revisions; providing an
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