Senate Bill sb1700e2

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    CS for CS for SB 1700                         Second Engrossed



  1                      A bill to be entitled

  2         An act relating to financial impact statements

  3         for proposed constitutional amendments;

  4         amending s. 15.21, F.S.; requiring the

  5         Secretary of State to submit certain proposed

  6         constitutional amendments to the Financial

  7         Impact Estimating Conference; amending s.

  8         16.061, F.S.; requiring the Attorney General to

  9         immediately petition the Supreme Court for

10         review of certain financial impact statements;

11         amending s. 100.371, F.S.; revising the times

12         within which the Financial Impact Estimating

13         Conference must complete its analysis and

14         financial impact statement for proposed

15         amendments or revisions; providing for open

16         meetings; establishing the Financial Impact

17         Estimating Conference for certain purposes;

18         specifying principals of the conference;

19         revising criteria for financial impact

20         statements; providing for redrafting of such

21         statements by the conference under certain

22         circumstances; requiring the Financial Impact

23         Estimating Conference to produce a financial

24         information statement and summary; specifying

25         statement requirements; providing for

26         distribution and publication of the financial

27         information statement and summary; amending s.

28         100.381, F.S.; conforming to changes made by

29         the act; amending s. 101.161, F.S.; prescribing

30         placement of the financial impact statement on

31         the ballot; amending s. 101.62, F.S., relating


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 1         to absentee ballots, to conform; amending s.

 2         216.136, F.S.; conforming provisions to changes

 3         made by the act; providing procedures for

 4         commencing the financial impact statement

 5         development and review process for certain

 6         proposed amendments or revisions; providing

 7         severability; providing an effective date.

 8  

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

10  

11         Section 1.  Section 15.21, Florida Statutes, is amended

12  to read:

13         15.21  Initiative petitions; s. 3, Art. XI, State

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

15  an initiative petition to the Attorney General and to the

16  Financial Impact Revenue Estimating Conference if the sponsor

17  has:

18         (1)  Registered as a political committee pursuant to s.

19  106.03;

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

21  the proposed revision or amendment to the Secretary of State

22  pursuant to ss. 100.371 and 101.161; and

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

24  confirming that the sponsor has submitted to the appropriate

25  supervisors for verification, and the supervisors have

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

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

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

29  Constitution.

30         Section 2.  Section 16.061, Florida Statutes, is

31  amended to read:


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 1         16.061  Proposed constitutional revisions or

 2  amendments.--

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

 4  receipt of a proposed revision or amendment to the State

 5  Constitution by initiative petition from the Secretary of

 6  State, petition the Supreme Court, requesting an advisory

 7  opinion regarding the compliance of the text of the proposed

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

 9  Constitution and the compliance of the proposed ballot title

10  and substance with s. 101.161 and the compliance of the

11  financial fiscal impact statement with ss. 100.371 and

12  101.161. For all other proposed revisions or amendments to the

13  State Constitution, the Attorney General shall, upon the

14  Financial Impact Revenue Estimating Conference finalizing the

15  financial fiscal impact statement, petition the Supreme Court

16  requesting an advisory opinion regarding compliance of the

17  text of the financial fiscal impact statement with ss.

18  100.371, 100.381, and 101.161. The petition may enumerate any

19  specific factual issues that which the Attorney General

20  believes would require a judicial determination.

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

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

23         (3)  Any financial fiscal impact statement that the

24  court finds not to be in accordance with s. 100.371, s.

25  100.381, or s. 101.161 shall be remanded solely to the

26  Financial Impact Revenue Estimating Conference for redrafting.

27         Section 3.  Subsections (6) and (7) of section 100.371,

28  Florida Statutes, are amended to read:

29         100.371  Initiatives; procedure for placement on

30  ballot.--

31  


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

 2  revision or amendment to the State Constitution by initiative

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

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

 5  election at which the question of ratifying the amendment will

 6  be presented for any initiative approved by the Florida

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

 8  45 days after the effective date of this subsection, whichever

 9  occurs later, the Financial Impact Revenue Estimating

10  Conference shall complete an analysis and financial fiscal

11  impact statement to be placed on the ballot of the estimated

12  increase or decrease in any revenues or costs to state or

13  local governments resulting from the proposed amendment or

14  revision initiative. The Financial Impact Estimating

15  Conference shall submit the financial impact statement to the

16  Attorney General and Secretary of State.

17         (b)1.  The Financial Impact Revenue Estimating

18  Conference shall provide an opportunity for any proponents or

19  opponents of a proposed amendment or revision of the State

20  Constitution the initiative to submit information and may

21  solicit information or analysis from any other entities or

22  agencies, including the Office of Economic and Demographic

23  Research. All meetings of the Financial Impact Estimating

24  Conference shall be open to the public as provided in chapter

25  286.

26         2.  The Financial Impact Estimating Conference is

27  established to review, analyze, and estimate the financial

28  impact of proposed amendments to or revisions of the State

29  Constitution. The Financial Impact Estimating Conference shall

30  consist of four principals: one person from the Executive

31  Office of the Governor; the coordinator of the Office of


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 1  Economic and Demographic Research, or his or her designee; one

 2  person from the professional staff of the Senate; and one

 3  person from the professional staff of the House of

 4  Representatives. Each principal shall have appropriate fiscal

 5  expertise in the subject matter of the initiative. A Financial

 6  Impact Estimating Conference may be appointed for each

 7  initiative.

 8         3.(b)1.  Principals Members of the Financial Impact

 9  Revenue Estimating Conference shall reach a consensus or

10  majority concurrence on a clear and unambiguous financial

11  fiscal impact statement, no more than 75 50 words in length

12  and immediately submit the statement to the Attorney General.

13  Nothing in this subsection prohibits the Financial Impact

14  Revenue Estimating Conference from setting forth a range of

15  potential impacts in the financial fiscal impact statement.

16  Any financial fiscal impact statement that a court finds not

17  to be in accordance with this section, s. 100.381, or s.

18  101.161 shall be remanded solely to the Financial Impact

19  Revenue Estimating Conference for redrafting. The Financial

20  Impact Revenue Estimating Conference shall redraft the

21  financial fiscal impact statement within 15 days.

22         4.2.  If the members of the Financial Impact Revenue

23  Estimating Conference are unable to agree on the statement

24  required by this subsection, or if the Supreme Court has

25  rejected the initial submission by the Financial Impact

26  Estimating Conference and no redraft has been approved by the

27  Supreme Court by 5 p.m. on the 75th day before the election,

28  the following statement shall appear on the ballot pursuant to

29  s. 101.161(1): "The financial fiscal impact of this measure,

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

31  


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 1         (c)  The financial fiscal impact statement must be

 2  separately contained and be set forth after the ballot summary

 3  as required in s. 101.161(1).

 4         (d)1.  Any financial impact statement that the Supreme

 5  Court finds not to be in accordance with this subsection shall

 6  be remanded solely to the Financial Impact Estimating

 7  Conference for redrafting, provided the court's advisory

 8  opinion is rendered at least 75 days before the election at

 9  which the question of ratifying the amendment will be

10  presented. The Financial Impact Estimating Conference shall

11  prepare and adopt a revised financial impact statement no

12  later than 5 p.m. on the 15th day after the date of the

13  court's opinion.

14         2.  If, by 5 p.m. on the 75th day before the election,

15  the Supreme Court has not issued an advisory opinion on the

16  initial financial impact statement prepared by the Financial

17  Impact Estimating Conference for an amendment or revision that

18  otherwise meets the legal requirements for ballot placement,

19  the financial impact statement shall be deemed approved for

20  placement on the ballot.

21         3.  In addition to the financial impact statement

22  required by this subsection, the Financial Impact Estimating

23  Conference shall draft a financial information statement.  The

24  financial information statement should describe in greater

25  detail than the financial impact statement any projected

26  increase or decrease in revenues or costs that the state or

27  local governments would likely experience if the ballot

28  measure were approved. If appropriate, the financial

29  information statement may include both estimated dollar

30  amounts and a description placing the estimated dollar amounts

31  into context. The financial information statement must include


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 1  both a summary of not more than 500 words and additional

 2  detailed information that includes the assumptions that were

 3  made to develop the financial impacts, workpapers, and any

 4  other information deemed relevant by the Financial Impact

 5  Estimating Conference.

 6         4.  The Department of State shall have printed, and

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

 8  summary from the financial information statements. The

 9  supervisors shall have the summary from the financial

10  information statements available at each polling place and at

11  the main office of the supervisor of elections upon request.

12         5.  The Secretary of State and the Office of Economic

13  and Demographic Research shall make available on the Internet

14  each financial information statement in its entirety. In

15  addition, each supervisor of elections whose office has a

16  website shall post the summary from each financial information

17  statement on the website. Each supervisor shall include the

18  Internet addresses for the information statements on the

19  Secretary of State's and the Office of Economic and

20  Demographic Research's websites in the publication or mailing

21  required by s. 101.20.

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

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

24  subsections (1)-(6) (1)-(5) of this section.

25         Section 4.  Section 100.381, Florida Statutes, is

26  amended to read:

27         100.381  Constitutional amendments or revisions other

28  than initiatives; financial fiscal impact statement.--For any

29  amendment or revision proposed pursuant to Art. XI of the

30  State Constitution other than an initiative, the Financial

31  Impact Revenue Estimating Conference shall prepare a financial


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 1  fiscal impact statement as provided in s. 100.371(6) no later

 2  than 80 days before the election on the proposed amendment or

 3  revision. The financial fiscal impact statement must be

 4  separately contained and be set forth after the ballot summary

 5  as required in s. 101.161(1).

 6         Section 5.  Subsection (1) of section 101.161, Florida

 7  Statutes, is amended to read:

 8         101.161  Referenda; ballots.--

 9         (1)  Whenever a constitutional amendment or other

10  public measure is submitted to the vote of the people, the

11  substance of such amendment or other public measure shall be

12  printed in clear and unambiguous language on the ballot after

13  the list of candidates, followed by the word "yes" and also by

14  the word "no," and shall be styled in such a manner that a

15  "yes" vote will indicate approval of the proposal and a "no"

16  vote will indicate rejection. The wording of the substance of

17  the amendment or other public measure and the ballot title to

18  appear on the ballot shall be embodied in the joint

19  resolution, constitutional revision commission proposal,

20  constitutional convention proposal, taxation and budget reform

21  commission proposal, or enabling resolution or ordinance.

22  Except for amendments and ballot language proposed by joint

23  resolution, the substance of the amendment or other public

24  measure shall be an explanatory statement, not exceeding 75

25  words in length, of the chief purpose of the measure. In

26  addition, for every proposed amendment or revision of the

27  State Constitution, the ballot shall include, following the

28  ballot summary, a separate financial fiscal impact statement

29  concerning the measure prepared by the Financial Impact

30  Revenue Estimating Conference in accordance with s. 100.371(6)

31  or s. 100.381. The ballot title shall consist of a caption,


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 1  not exceeding 15 words in length, by which the measure is

 2  commonly referred to or spoken of.

 3         Section 6.  Paragraph (a) of subsection (4) of section

 4  101.62, Florida Statutes, is amended to read:

 5         101.62  Request for absentee ballots.--

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

 7  has requested an absentee ballot, the supervisor of elections

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

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

10  before the second primary and general election, the supervisor

11  of elections shall mail an advance absentee ballot to those

12  persons requesting ballots for such elections.  The advance

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

14  the first primary absentee ballot as to the names of

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

16  two candidates, those offices and all political party

17  executive committee offices shall be omitted.  Except as

18  provided in ss. s. 99.063(4) and 100.371(6), the advance

19  absentee ballot for the general election shall be as specified

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

21  political parties where nominations were not made in the first

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

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

24  absentee ballot. The advance absentee ballot or advance

25  absentee ballot information booklet shall be of a different

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

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

28  general election.  The supervisor shall mail an advance

29  absentee ballot for the second primary and general election to

30  each qualified absent elector for whom a request is received

31  until the absentee ballots are printed.  The supervisor shall


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 1  enclose with the advance second primary absentee ballot and

 2  advance general election absentee ballot an explanation

 3  stating that the absentee ballot for the election will be

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

 5  absentee ballot and the absentee ballot for the election are

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

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

 8  requirements for preparing and mailing absentee ballots to

 9  absent qualified electors overseas.

10         Section 7.  Paragraph (a) of subsection (3) of section

11  216.136, Florida Statutes, is amended to read:

12         216.136  Consensus estimating conferences; duties and

13  principals.--

14         (3)  REVENUE ESTIMATING CONFERENCE.--

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

16  develop such official information with respect to anticipated

17  state and local government revenues as the conference

18  determines is needed for the state planning and budgeting

19  system.  Any principal may request the conference to review

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

21  shall prepare fiscal impact statements for constitutional

22  amendments pursuant to s. 100.371(6).

23         Section 8.  The Secretary of State shall immediately

24  submit to the Financial Impact Estimating Conference any

25  active initiative petition that met the requirements of

26  section 15.21, Florida Statutes, or any joint resolution filed

27  with the Secretary of State before the effective date of this

28  act.

29         Section 9.  If any provision of this act or the

30  application thereof to any person or circumstance is held

31  invalid, the invalidity does not affect other provisions or


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 1  applications of this act which can be given effect without the

 2  invalid provision or application, and to this end the

 3  provisions of this act are declared severable.

 4         Section 10.  This act shall take effect upon becoming a

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