SENATE AMENDMENT
Bill No. HB 1743, 1st Eng.
Amendment No. ___ Barcode 434838
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 On page 3, line 3, to page 10, line 23, delete those
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17 and insert:
18 Section 2. Section 16.061, Florida Statutes, is
19 amended to read:
20 16.061 Initiative petitions Proposed constitutional
21 revisions or amendments.--
22 (1) The Attorney General shall, within 30 days after
23 receipt of a proposed revision or amendment to the State
24 Constitution by initiative petition from the Secretary of
25 State, petition the Supreme Court, requesting an advisory
26 opinion regarding the compliance of the text of the proposed
27 amendment or revision with s. 3, Art. XI of the State
28 Constitution and the compliance of the proposed ballot title
29 and substance with s. 101.161 and the compliance of the fiscal
30 impact statement with ss. 100.371 and 101.161. For all other
31 proposed revisions or amendments to the State Constitution,
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SENATE AMENDMENT
Bill No. HB 1743, 1st Eng.
Amendment No. ___ Barcode 434838
1 the Attorney General shall, upon the Revenue Estimating
2 Conference finalizing the fiscal impact statement, petition
3 the Supreme Court requesting an advisory opinion regarding
4 compliance of the text of the fiscal impact statement with ss.
5 100.371, 100.381, and 101.161. The petition may enumerate any
6 specific factual issues that which the Attorney General
7 believes would require a judicial determination.
8 (2) A copy of the petition shall be provided to the
9 Secretary of State and the principal officer of the sponsor.
10 (3) Any fiscal impact statement that the court finds
11 not to be in accordance with s. 100.371, s. 100.381, or s.
12 101.161 shall be remanded solely to the Financial Impact
13 Revenue Estimating Conference for redrafting.
14 Section 3. Subsections (6) and (7) of section 100.371,
15 Florida Statutes, are amended to read:
16 100.371 Initiatives; procedure for placement on
17 ballot.--
18 (6)(a) Within 45 days after receipt of a proposed
19 revision or amendment to the State Constitution by initiative
20 petition from the Secretary of State or, within 30 days after
21 such receipt if receipt occurs 120 days or less before the
22 election at which the question of ratifying the amendment will
23 be presented for any initiative approved by the Florida
24 Supreme Court for the general election ballot for 2002, within
25 45 days after the effective date of this subsection, whichever
26 occurs later, the Financial Impact Revenue Estimating
27 Conference shall complete an analysis and financial fiscal
28 impact statement to be placed on the ballot of the estimated
29 increase or decrease in any revenues or costs to state or
30 local governments resulting from the proposed initiative. The
31 Financial Impact Estimating Conference shall submit the
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SENATE AMENDMENT
Bill No. HB 1743, 1st Eng.
Amendment No. ___ Barcode 434838
1 financial impact statement to the Attorney General and
2 Secretary of State.
3 (b)1. The Financial Impact Revenue Estimating
4 Conference shall provide an opportunity for any proponents or
5 opponents of 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 amendments to or revisions of the State Constitution
14 proposed by initiative. The Financial Impact Estimating
15 Conference shall consist of four principals: one person from
16 the Executive Office of the Governor; the coordinator of the
17 Office of Economic and Demographic Research, or his or her
18 designee; one person from the professional staff of the
19 Senate; and one person from the professional staff of the
20 House of Representatives. Each principal shall have
21 appropriate fiscal expertise in the subject matter of the
22 initiative. A Financial Impact Estimating Conference may be
23 appointed for each 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. HB 1743, 1st Eng.
Amendment No. ___ Barcode 434838
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. HB 1743, 1st Eng.
Amendment No. ___ Barcode 434838
1 Impact Estimating Conference for an initiative amendment 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 an initiative financial information
8 statement. The initiative financial information statement
9 should describe in greater detail than the financial impact
10 statement any projected increase or decrease in revenues or
11 costs that the state or local governments would likely
12 experience if the ballot measure were approved. If
13 appropriate, the initiative financial information statement
14 may include both estimated dollar amounts and a description
15 placing the estimated dollar amounts into context. The
16 initiative financial information statement must include both a
17 summary of not more than 500 words and additional detailed
18 information that includes the assumptions that were made to
19 develop the financial impacts, workpapers, and any other
20 information deemed relevant by the Financial Impact Estimating
21 Conference.
22 4. The Department of State shall have printed, and
23 shall furnish to each supervisor of elections, a copy of the
24 summary from the initiative financial information statements.
25 The supervisors shall have the summary from the initiative
26 financial information statements available at each polling
27 place and at the main office of the supervisor of elections
28 upon request.
29 5. The Secretary of State and the Office of Economic
30 and Demographic Research shall make available on the Internet
31 each initiative financial information statement in its
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SENATE AMENDMENT
Bill No. HB 1743, 1st Eng.
Amendment No. ___ Barcode 434838
1 entirety. In addition, each supervisor of elections whose
2 office has a website shall post the summary from each
3 initiative financial information statement on the website.
4 Each supervisor shall include the Internet addresses for the
5 information statements on the Secretary of State's and the
6 Office of Economic and Demographic Research's websites in the
7 publication or mailing required by s. 101.20.
8 (7) The Department of State may adopt rules in
9 accordance with s. 120.54 to carry out the provisions of
10 subsections (1)-(6) (1)-(5) of this section.
11 Section 4. Section 100.381, Florida Statutes, is
12 repealed.
13 Section 5. Subsection (1) of section 101.161, Florida
14 Statutes, is amended to read:
15 101.161 Referenda; ballots.--
16 (1) Whenever a constitutional amendment or other
17 public measure is submitted to the vote of the people, the
18 substance of such amendment or other public measure shall be
19 printed in clear and unambiguous language on the ballot after
20 the list of candidates, followed by the word "yes" and also by
21 the word "no," and shall be styled in such a manner that a
22 "yes" vote will indicate approval of the proposal and a "no"
23 vote will indicate rejection. The wording of the substance of
24 the amendment or other public measure and the ballot title to
25 appear on the ballot shall be embodied in the joint
26 resolution, constitutional revision commission proposal,
27 constitutional convention proposal, taxation and budget reform
28 commission proposal, or enabling resolution or ordinance.
29 Except for amendments and ballot language proposed by joint
30 resolution, the substance of the amendment or other public
31 measure shall be an explanatory statement, not exceeding 75
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SENATE AMENDMENT
Bill No. HB 1743, 1st Eng.
Amendment No. ___ Barcode 434838
1 words in length, of the chief purpose of the measure. In
2 addition, for every amendment proposed by initiative, the
3 ballot shall include, following the ballot summary, a separate
4 financial fiscal impact statement concerning the measure
5 prepared by the Financial Impact Revenue Estimating Conference
6 in accordance with s. 100.371(6) or s. 100.381. The ballot
7 title shall consist of a caption, not exceeding 15 words in
8 length, by which the measure is commonly referred to or spoken
9 of.
10 Section 6. 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), 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
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SENATE AMENDMENT
Bill No. HB 1743, 1st Eng.
Amendment No. ___ Barcode 434838
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 7. Paragraph (a) of subsection (3) of section
18 216.136, Florida Statutes, is amended to read:
19 216.136 Consensus estimating conferences; duties and
20 principals.--
21 (3) REVENUE ESTIMATING CONFERENCE.--
22 (a) Duties.--The Revenue Estimating Conference shall
23 develop such official information with respect to anticipated
24 state and local government revenues as the conference
25 determines is needed for the state planning and budgeting
26 system. Any principal may request the conference to review
27 and estimate revenues for any trust fund. Also, the conference
28 shall prepare fiscal impact statements for constitutional
29 amendments pursuant to s. 100.371(6).
30 Section 8. The Secretary of State shall immediately
31 submit to the Financial Impact Estimating Conference any
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SENATE AMENDMENT
Bill No. HB 1743, 1st Eng.
Amendment No. ___ Barcode 434838
1 active initiative petition that met the requirements of
2 section 15.21, Florida Statutes, before the effective date of
3 this act.
4 Section 9. This act shall take effect upon becoming a
5 law.
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8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 On page 1, line 7, after the semicolon to page 2, line
11 11, delete that language
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13 and insert:
14 amending s. 16.061, F.S.; requiring the
15 Attorney General to immediately petition the
16 Supreme Court for review of certain financial
17 impact statements; deleting duties of the
18 Attorney General with respect to constitutional
19 amendments proposed other than by initiative;
20 amending s. 100.371, F.S.; revising the times
21 within which the Financial Impact Estimating
22 Conference must complete its analysis and
23 financial impact statement for amendments
24 proposed by initiative; providing for open
25 meetings; establishing the Financial Impact
26 Estimating Conference for certain purposes;
27 specifying principals of the conference;
28 revising criteria for financial impact
29 statements; providing for redrafting of such
30 statements by the conference under certain
31 circumstances; requiring the Financial Impact
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SENATE AMENDMENT
Bill No. HB 1743, 1st Eng.
Amendment No. ___ Barcode 434838
1 Estimating Conference to produce a financial
2 information statement and summary; specifying
3 statement requirements; providing for
4 distribution and publication of the financial
5 information statement and summary; 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 financial
10 impact statement on the ballot; amending s.
11 101.62, F.S., relating to absentee ballots, to
12 conform; amending s. 216.136, F.S.; conforming
13 provisions to changes made by the act;
14 providing procedures for commencing the
15 financial impact statement development and
16 review process for certain proposed
17 initiatives; providing an effective date.
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