Senate Bill sb1700

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    Florida Senate - 2004                                  SB 1700

    By Senator Cowin





    20-557A-04

  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.; reducing the period

10         for which initiative petition signatures remain

11         valid; revising times within which the Revenue

12         Estimating Conference must complete its

13         analysis and fiscal impact statement for

14         amendments proposed by initiative; prescribing

15         ballot language to be used if a fiscal impact

16         statement is not timely approved by the Supreme

17         Court; requiring the Revenue Estimating

18         Conference and authorizing the amendment

19         sponsor to produce a financial information

20         statement and summary; providing for

21         distribution and publication of the financial

22         information statement and summary; repealing s.

23         100.381, F.S., relating to fiscal impact

24         statement requirements for amendments proposed

25         other than by initiative; amending s. 101.161,

26         F.S.; prescribing placement of the fiscal

27         impact statement on the ballot; amending s.

28         101.62, F.S., relating to absentee ballots, to

29         conform; reenacting ss. 15.21 and

30         216.136(3)(a), F.S., to conform to changes made

31         by the act; providing procedures for commencing

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    Florida Senate - 2004                                  SB 1700
    20-557A-04




 1         the fiscal impact statement development and

 2         review process for certain proposed

 3         initiatives; providing an effective date.

 4  

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

 6  

 7         Section 1.  Section 16.061, Florida Statutes, is

 8  amended to read:

 9         16.061  Initiative Petitions Proposed constitutional

10  revisions or amendments.--

11         (1)  The Attorney General shall, within 30 days after

12  receipt of a proposed revision or amendment to the State

13  Constitution by initiative petition from the Secretary of

14  State, petition the Supreme Court, requesting an advisory

15  opinion regarding the compliance of the text of the proposed

16  amendment or revision with s. 3, Art. XI of the State

17  Constitution and the compliance of the proposed ballot title

18  and substance with s. 101.161. The Attorney General shall,

19  within 30 days after receipt of the initiative petition's

20  fiscal impact statement or revised fiscal impact statement

21  from the Revenue Estimating Conference, or immediately after

22  receipt if received less than 120 days before the election at

23  which the question of ratifying the amendment will be

24  presented, petition the Supreme Court requesting an advisory

25  opinion regarding compliance of the statement with s.

26  100.371(6) and the compliance of the fiscal impact statement

27  with ss. 100.371 and 101.161. For all other proposed revisions

28  or amendments to the State Constitution, the Attorney General

29  shall, upon the Revenue Estimating Conference finalizing the

30  fiscal impact statement, petition the Supreme Court requesting

31  an advisory opinion regarding compliance of the text of the

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    Florida Senate - 2004                                  SB 1700
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 1  fiscal impact statement with ss. 100.371, 100.381, and

 2  101.161. The petition may enumerate any specific factual

 3  issues that which the Attorney General believes would require

 4  a judicial determination.

 5         (2)  A copy of the petition shall be provided to the

 6  Secretary of State and the principal officer of the sponsor.

 7         (3)  Any fiscal impact statement that the court finds

 8  not to be in accordance with s. 100.371, s. 100.381, or s.

 9  101.161 shall be remanded solely to the Revenue Estimating

10  Conference for redrafting.

11         Section 2.  Subsections (2), (6), and (7) of section

12  100.371, Florida Statutes, are amended to read:

13         100.371  Initiatives; procedure for placement on

14  ballot.--

15         (2)  Such certification shall be issued when the

16  Secretary of State has received verification certificates from

17  the supervisors of elections indicating that the requisite

18  number and distribution of valid signatures of electors have

19  been submitted to and verified by the supervisors. Every

20  signature shall be dated when made and shall be valid for a

21  period of 18 months 4 years following the such date of

22  signature certification to the Secretary of State, provided

23  all other requirements of law are satisfied complied with.

24         (6)(a)  Within 45 days after receipt of a proposed

25  revision or amendment to the State Constitution by initiative

26  petition from the Secretary of State, or within 30 days after

27  such receipt if receipt occurs 120 days or less before the

28  election at which the question of ratifying the amendment will

29  be presented, for any initiative approved by the Florida

30  Supreme Court for the general election ballot for 2002, within

31  45 days after the effective date of this subsection, whichever

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    Florida Senate - 2004                                  SB 1700
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 1  occurs later, the Revenue Estimating Conference shall complete

 2  an analysis and fiscal impact statement to be placed on the

 3  ballot of the estimated increase or decrease in any revenues

 4  or costs to state or local governments resulting from the

 5  proposed initiative. The Revenue Estimating Conference shall

 6  provide an opportunity for any proponents or opponents of the

 7  initiative to submit information and may solicit information

 8  or analysis from any other entities or agencies, including the

 9  Office of Economic and Demographic Research.

10         (b)1.  Members of the Revenue Estimating Conference

11  shall reach a consensus or majority concurrence on a clear and

12  unambiguous fiscal impact statement, no more than 50 words in

13  length and immediately submit the statement to the Attorney

14  General. Nothing in this subsection prohibits the Revenue

15  Estimating Conference from setting forth a range of potential

16  impacts in the fiscal impact statement. Any fiscal impact

17  statement that a court finds not to be in accordance with this

18  section, s. 100.381, or s. 101.161 shall be remanded solely to

19  the Revenue Estimating Conference for redrafting. The Revenue

20  Estimating Conference shall redraft the fiscal impact

21  statement within 15 days.

22         2.  If the members of the Revenue Estimating Conference

23  are unable to agree on the statement required by this

24  subsection, the following statement shall appear on the ballot

25  pursuant to s. 101.161(1): "The fiscal impact of this measure,

26  if any, cannot be reasonably determined at this time."

27         3.  Any fiscal impact statement that the Supreme Court

28  finds not to be in accordance with this subsection shall be

29  remanded solely to the Revenue Estimating Conference for

30  redrafting, provided the court's advisory opinion is rendered

31  at least 75 days before the election at which the question of

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    Florida Senate - 2004                                  SB 1700
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 1  ratifying the amendment will be presented. The Revenue

 2  Estimating Conference shall prepare and adopt a revised fiscal

 3  impact statement no later than 5 p.m. on the 15th day after

 4  the date of the court's opinion.

 5         4.  If, by 5 p.m. on the 55th day before the election,

 6  the Supreme Court has not issued an advisory opinion approving

 7  a fiscal impact statement prepared by the Revenue Estimating

 8  Conference for an initiative amendment that otherwise meets

 9  the legal requirements for ballot placement, the following

10  statement must appear on the ballot pursuant to s. 101.161(1):

11  "Due to time constraints, the fiscal impact of this measure,

12  if any, could not be included on the ballot."

13         5.a.  In addition to the financial impact statement

14  required by this subsection, the Revenue Estimating Conference

15  shall draft an initiative financial information statement.

16  The initiative financial information statement should describe

17  in greater detail than the financial impact statement any

18  projected increase or decrease in revenues or costs that the

19  state or local governments would likely experience if the

20  ballot measure were approved. The sponsor of an initiative

21  amendment may also draft an initiative financial information

22  statement that includes the sponsor's estimated increase or

23  decrease in any revenues or costs to the state or local

24  governments resulting from the proposed initiative. If

25  appropriate, the initiative financial information statements

26  may include both estimated dollar amounts and a description

27  placing the estimated dollar amounts into context. The

28  initiative financial information statements must include both

29  a summary of not more than 500 words and additional detailed

30  information that includes the assumptions that were made to

31  develop the fiscal impacts, work papers, and any other

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    Florida Senate - 2004                                  SB 1700
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 1  information deemed relevant by the Revenue Estimating

 2  Conference or amendment sponsor.

 3         b.  The Department of State shall have printed, and

 4  shall furnish to each supervisor of elections, a copy of the

 5  summary from the initiative financial information statements.

 6  The supervisors shall have the summary from the initiative

 7  financial information statements available at each polling

 8  place and at their main office upon request.

 9         c.  The Secretary of State shall make available on the

10  Internet the initiative financial information statements in

11  their entirety. In addition, each supervisor of elections

12  whose office has a website shall post the summary from the

13  initiative financial information statements on the website.

14         (c)  The fiscal impact statement must be separately

15  contained and be set forth after the ballot summary as

16  required in s. 101.161(1).

17         (7)  The Department of State may adopt rules in

18  accordance with s. 120.54 to carry out the provisions of

19  subsections (1)-(5) of this section.

20         Section 3.  Section 100.381, Florida Statutes, is

21  repealed.

22         Section 4.  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 - 2004                                  SB 1700
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 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. In

11  addition, the ballot shall include following the ballot

12  summary a separate fiscal impact statement concerning the

13  measure prepared by the Revenue Estimating Conference in

14  accordance with s. 100.371(6) or s. 100.381. The ballot title

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

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

17         Section 5.  Paragraph (a) of subsection (4) of section

18  101.62, Florida Statutes, is amended to read:

19         101.62  Request for absentee ballots.--

20         (4)(a)  To each absent qualified elector overseas who

21  has requested an absentee ballot, the supervisor of elections

22  shall, not fewer than 35 days before the first primary

23  election, mail an absentee ballot.  Not fewer than 45 days

24  before the second primary and general election, the supervisor

25  of elections shall mail an advance absentee ballot to those

26  persons requesting ballots for such elections.  The advance

27  absentee ballot for the second primary shall be the same as

28  the first primary absentee ballot as to the names of

29  candidates, except that for any offices where there are only

30  two candidates, those offices and all political party

31  executive committee offices shall be omitted. Except as

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    Florida Senate - 2004                                  SB 1700
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 1  provided in ss. s. 99.063(4) and 100.371(6)(b)5., the advance

 2  absentee ballot for the general election shall be as specified

 3  in s. 101.151, except that in the case of candidates of

 4  political parties where nominations were not made in the first

 5  primary, the names of the candidates placing first and second

 6  in the first primary election shall be printed on the advance

 7  absentee ballot. The advance absentee ballot or advance

 8  absentee ballot information booklet shall be of a different

 9  color for each election and also a different color from the

10  absentee ballots for the first primary, second primary, and

11  general election.  The supervisor shall mail an advance

12  absentee ballot for the second primary and general election to

13  each qualified absent elector for whom a request is received

14  until the absentee ballots are printed.  The supervisor shall

15  enclose with the advance second primary absentee ballot and

16  advance general election absentee ballot an explanation

17  stating that the absentee ballot for the election will be

18  mailed as soon as it is printed; and, if both the advance

19  absentee ballot and the absentee ballot for the election are

20  returned in time to be counted, only the absentee ballot will

21  be counted. The Department of State may prescribe by rule the

22  requirements for preparing and mailing absentee ballots to

23  absent qualified electors overseas.

24         Section 6.  For the purpose of incorporating the

25  amendments made by this act to sections 100.371 and 101.161,

26  Florida Statutes, in references thereto, section 15.21,

27  Florida Statutes, is reenacted to read:

28         15.21  Initiative petitions; s. 3, Art. XI, State

29  Constitution.--The Secretary of State shall immediately submit

30  an initiative petition to the Attorney General and to the

31  Revenue Estimating Conference if the sponsor has:

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    Florida Senate - 2004                                  SB 1700
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 1         (1)  Registered as a political committee pursuant to s.

 2  106.03;

 3         (2)  Submitted the ballot title, substance, and text of

 4  the proposed revision or amendment to the Secretary of State

 5  pursuant to ss. 100.371 and 101.161; and

 6         (3)  Obtained a letter from the Division of Elections

 7  confirming that the sponsor has submitted to the appropriate

 8  supervisors for verification, and the supervisors have

 9  verified, forms signed and dated equal to 10 percent of the

10  number of electors statewide and in at least one-fourth of the

11  congressional districts required by s. 3, Art. XI of the State

12  Constitution.

13         Section 7.  For the purpose of incorporating the

14  amendments made by this act to section 100.371, Florida

15  Statutes, in references thereto, paragraph (a) of subsection

16  (3) of section 216.136, Florida Statutes, is reenacted to

17  read:

18         216.136  Consensus estimating conferences; duties and

19  principals.--

20         (3)  REVENUE ESTIMATING CONFERENCE.--

21         (a)  Duties.--The Revenue Estimating Conference shall

22  develop such official information with respect to anticipated

23  state and local government revenues as the conference

24  determines is needed for the state planning and budgeting

25  system.  Any principal may request the conference to review

26  and estimate revenues for any trust fund. Also, the conference

27  shall prepare fiscal impact statements for constitutional

28  amendments pursuant to s. 100.371(6).

29         Section 8.  The Secretary of State shall immediately

30  submit to the Revenue Estimating Conference any active

31  initiative petition that met the requirements of section

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 1  15.21, Florida Statutes, before the effective date of this

 2  act.

 3         Section 9.  This act shall take effect upon becoming a

 4  law.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Requires the Attorney General to immediately petition the
      Supreme Court for review of certain fiscal impact
 9    statements. Deletes duties of the Attorney General
      regarding constitutional amendments proposed other than
10    by initiative. Decreases the period in which initiative
      petition signatures remain valid. Revises times by which
11    the Revenue Estimating Conference must complete its
      analysis and fiscal impact statement for amendments
12    proposed by initiative. Prescribes ballot language to be
      used if a fiscal impact statement is not timely approved
13    by the Supreme Court. Requires the Revenue Estimating
      Conference and authorizes the amendment sponsor to
14    produce a financial information statement and summary.
      Provides for distribution and publication of the
15    financial information statement and summary. Repeals
      requirements for fiscal impact statements for amendments
16    proposed other than by initiative. Prescribes placement
      of the fiscal impact statement on the ballot. Provides
17    procedures for commencing the fiscal impact statement
      development and review process for certain proposed
18    initiatives. (See bill for details.)

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