| 1 | Estimating Conference; amending s. 16.061, F.S.; requiring |
| 2 | the Attorney General to petition the Supreme Court for an |
| 3 | advisory opinion of certain financial impact statements; |
| 4 | deleting duties of the Attorney General with respect to |
| 5 | constitutional amendments proposed other than by |
| 6 | initiative; conforming provisions to changes made by the |
| 7 | act; amending s. 100.371, F.S.; requiring the Financial |
| 8 | Impact Estimating Conference to complete a financial |
| 9 | impact statement for certain purposes; requiring the |
| 10 | conference to submit the statement to the Attorney General |
| 11 | and the Secretary of State; requiring meetings of the |
| 12 | conference to be open to the public; establishing the |
| 13 | Financial Impact Estimating Conference for certain |
| 14 | purposes; specifying principals of the conference; |
| 15 | revising criteria for financial impact statements; |
| 16 | providing for remand and redrafting of financial impact |
| 17 | statements found by the Supreme Court to be not in |
| 18 | compliance; providing for redrafting of such statements by |
| 19 | the conference under certain circumstances; providing for |
| 20 | revised financial impact statements under certain |
| 21 | circumstances; specifying approval of financial impact |
| 22 | statements for which the Supreme Court has not issued an |
| 23 | advisory opinion of approval by a time certain; requiring |
| 24 | the conference to draft an initiative financial |
| 25 | information statement and summary; specifying statement |
| 26 | requirements; requiring the Department of State to print |
| 27 | and furnish copies of a summary of such statement to |
| 28 | supervisors of elections; requiring supervisors of |
| 29 | elections to make such summaries available at polling |
| 30 | places; requiring the Secretary of State and the Office of |
| 31 | Economic and Demographic Research to make such statement |
| 32 | and summary available online; providing requirements; |
| 33 | amending s. 101.161, F.S.; requiring constitutional |
| 34 | amendments proposed by initiative to include a financial |
| 35 | impact statement following the ballot summary; amending s. |
| 36 | 101.62, F.S., relating to absentee ballots, to conform; |
| 37 | amending s. 216.136, F.S., relating to consensus |
| 38 | estimating conferences, to conform; requiring the |
| 39 | Secretary of State to submit to the Financial Impact |
| 40 | Estimating Conference certain active initiative petitions; |
| 41 | repealing s. 100.381, F.S., relating to fiscal impact |
| 42 | statements for constitutional amendments or revisions |
| 43 | other than initiatives; providing an effective date. |
| 44 |
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| 45 | Be It Enacted by the Legislature of the State of Florida: |
| 46 |
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| 47 | Section 1. Section 15.21, Florida Statutes, is amended to |
| 48 | read: |
| 49 | 15.21 Initiative petitions; s. 3, Art. XI, State |
| 50 | Constitution.--The Secretary of State shall immediately submit |
| 51 | an initiative petition to the Attorney General and to the |
| 52 | Financial Impact Revenue Estimating Conference if the sponsor |
| 53 | has: |
| 54 | (1) Registered as a political committee pursuant to s. |
| 55 | 106.03; |
| 56 | (2) Submitted the ballot title, substance, and text of the |
| 57 | proposed revision or amendment to the Secretary of State |
| 58 | pursuant to ss. 100.371 and 101.161; and |
| 59 | (3) Obtained a letter from the Division of Elections |
| 60 | confirming that the sponsor has submitted to the appropriate |
| 61 | supervisors for verification, and the supervisors have verified, |
| 62 | forms signed and dated equal to 10 percent of the number of |
| 63 | electors statewide and in at least one-fourth of the |
| 64 | congressional districts required by s. 3, Art. XI of the State |
| 65 | Constitution. |
| 66 | Section 2. Section 16.061, Florida Statutes, is amended to |
| 67 | read: |
| 68 | 16.061 Initiative petitions Proposed constitutional |
| 69 | revisions or amendments.-- |
| 70 | (1) The Attorney General shall, within 30 days after |
| 71 | receipt of a proposed revision or amendment to the State |
| 72 | Constitution by initiative petition from the Secretary of State, |
| 73 | petition the Supreme Court, requesting an advisory opinion |
| 74 | regarding the compliance of the text of the proposed amendment |
| 75 | or revision with s. 3, Art. XI of the State Constitution and the |
| 76 | compliance of the proposed ballot title and substance with s. |
| 77 | 101.161. The Attorney General shall, within 30 days after |
| 78 | receipt of the initiative petition's financial impact statement |
| 79 | or revised financial impact statement from the Financial Impact |
| 80 | Estimating Conference, or immediately after receipt if received |
| 81 | less than 120 days before the election at which the question of |
| 82 | ratifying the amendment will be presented, petition the Supreme |
| 83 | Court requesting an advisory opinion regarding compliance of the |
| 84 | statement with s. 100.371(6) and the compliance of the fiscal |
| 85 | impact statement with ss. 100.371 and 101.161. For all other |
| 86 | proposed revisions or amendments to the State Constitution, the |
| 87 | Attorney General shall, upon the Revenue Estimating Conference |
| 88 | finalizing the fiscal impact statement, petition the Supreme |
| 89 | Court requesting an advisory opinion regarding compliance of the |
| 90 | text of the fiscal impact statement with ss. 100.371, 100.381, |
| 91 | and 101.161. The petition may enumerate any specific factual |
| 92 | issues which the Attorney General believes would require a |
| 93 | judicial determination. |
| 94 | (2) A copy of the petition shall be provided to the |
| 95 | Secretary of State and the principal officer of the sponsor. |
| 96 | (3) Any financial fiscal impact statement that the court |
| 97 | finds not to be in accordance with s. 100.371, s. 100.381, or s. |
| 98 | 101.161 shall be remanded solely to the Financial Impact Revenue |
| 99 | Estimating Conference for redrafting. |
| 100 | Section 3. Subsections (6) and (7) of section 100.371, |
| 101 | Florida Statutes, are amended to read: |
| 102 | 100.371 Initiatives; procedure for placement on ballot.-- |
| 103 | (6)(a) Within 45 days after receipt of a proposed revision |
| 104 | or amendment to the State Constitution by initiative petition |
| 105 | from the Secretary of State or, within 30 days after such |
| 106 | receipt if receipt occurs 120 days or less before the election |
| 107 | at which the question of ratifying the amendment will be |
| 108 | presented for any initiative approved by the Florida Supreme |
| 109 | Court for the general election ballot for 2002, within 45 days |
| 110 | after the effective date of this subsection, whichever occurs |
| 111 | later, the Financial Impact Revenue Estimating Conference shall |
| 112 | complete an analysis and financial fiscal impact statement to be |
| 113 | placed on the ballot of the estimated increase or decrease in |
| 114 | any revenues or costs to state or local governments resulting |
| 115 | from the proposed initiative. The Financial Impact Estimating |
| 116 | Conference shall submit the financial impact statement to the |
| 117 | Attorney General and the Secretary of State. |
| 118 | (b)1. The Financial Impact Revenue Estimating Conference |
| 119 | shall provide an opportunity for any proponents or opponents of |
| 120 | the initiative to submit information and may solicit information |
| 121 | or analysis from any other entities or agencies, including the |
| 122 | Office of Economic and Demographic Research. All meetings of the |
| 123 | Financial Impact Estimating Conference shall be open to the |
| 124 | public as provided in chapter 286. |
| 125 | 2. The Financial Impact Estimating Conference is |
| 126 | established to review, analyze, and estimate the financial |
| 127 | impact of amendments to or revisions of the State Constitution |
| 128 | proposed by initiative. The Financial Impact Estimating |
| 129 | Conference shall consist of four principals: one person from the |
| 130 | Executive Office of the Governor, the coordinator of the Office |
| 131 | of Economic and Demographic Research or his or her designee, one |
| 132 | person from the professional staff of the Senate, and one person |
| 133 | from the professional staff of the House of Representatives. |
| 134 | Each principal must have appropriate expertise in the subject |
| 135 | matter of the initiative. A Financial Impact Estimating |
| 136 | Conference may be appointed for each initiative. |
| 137 | 3.(b)1. Principals Members of the Financial Impact Revenue |
| 138 | Estimating Conference shall reach a consensus or majority |
| 139 | concurrence on a clear and unambiguous financial fiscal impact |
| 140 | statement, no more than 75 50 words in length and immediately |
| 141 | submit the statement to the Attorney General. Nothing in this |
| 142 | subsection prohibits the Financial Impact Revenue Estimating |
| 143 | Conference from setting forth a range of potential impacts in |
| 144 | the financial fiscal impact statement. Any financial fiscal |
| 145 | impact statement that a court finds not to be in accordance with |
| 146 | this section, s. 100.381, or s. 101.161 shall be remanded solely |
| 147 | to the Financial Impact Revenue Estimating Conference for |
| 148 | redrafting. The Financial Impact Revenue Estimating Conference |
| 149 | shall redraft the financial fiscal impact statement within 15 |
| 150 | days. |
| 151 | 4.2. If the members of the Financial Impact Revenue |
| 152 | Estimating Conference are unable to agree on the statement |
| 153 | required by this subsection, the following statement shall |
| 154 | appear on the ballot pursuant to s. 101.161(1): "The financial |
| 155 | fiscal impact of this measure, if any, cannot be reasonably |
| 156 | determined at this time." |
| 157 | (c) The financial fiscal impact statement must be |
| 158 | separately contained and be set forth after the ballot summary |
| 159 | as required in s. 101.161(1). |
| 160 | (d)1. Any financial impact statement that the Supreme |
| 161 | Court finds to be not in accordance with this subsection shall |
| 162 | be remanded solely to the Financial Impact Estimating Conference |
| 163 | for redrafting, provided the court's advisory opinion is |
| 164 | rendered at least 75 days before the election at which the |
| 165 | question of ratifying the amendment will be presented. The |
| 166 | Financial Impact Estimating Conference shall prepare and adopt a |
| 167 | revised financial impact statement no later than 5 p.m. on the |
| 168 | 15th day after the date of the court's opinion. |
| 169 | 2. If, by 5 p.m. on the 55th day before the election, the |
| 170 | Supreme Court has not issued an advisory opinion approving a |
| 171 | financial impact statement prepared by the Financial Impact |
| 172 | Estimating Conference for an initiative amendment that otherwise |
| 173 | meets the legal requirements for ballot placement, the financial |
| 174 | impact statement shall be deemed approved for placement on the |
| 175 | ballot. |
| 176 | 3. In addition to the financial impact statement required |
| 177 | by this subsection, the Financial Impact Estimating Conference |
| 178 | shall draft an initiative financial information statement. The |
| 179 | initiative financial information statement must describe in |
| 180 | greater detail than the financial impact statement any projected |
| 181 | increase or decrease in revenues or costs that the state would |
| 182 | likely experience if the ballot measure were approved by state |
| 183 | voters. If appropriate, the initiative financial information |
| 184 | statement may include both estimated dollar amounts and a |
| 185 | description placing the estimated dollar amounts into context. |
| 186 | The initiative financial information statement must include both |
| 187 | a summary of not more than 500 words and more detailed |
| 188 | information that includes the assumptions that were made to |
| 189 | develop the financial impacts, work papers, and any other |
| 190 | information deemed relevant by the Financial Impact Estimating |
| 191 | Conference. |
| 192 | 4. The Department of State shall have printed, and shall |
| 193 | furnish to each supervisor of elections, a copy of the summary |
| 194 | from the initiative financial information statement. The |
| 195 | supervisors shall have the summary from the initiative financial |
| 196 | information statement available at each polling place and at the |
| 197 | main office of the supervisor of elections for review upon |
| 198 | request. |
| 199 | 5. The Secretary of State and the Office of Economic and |
| 200 | Demographic Research shall make available online the initiative |
| 201 | financial information statement in its entirety. In addition, |
| 202 | each supervisor of elections whose office has an Internet |
| 203 | website shall post the summary from each initiative financial |
| 204 | information statement on the website. Each supervisor shall |
| 205 | include the Internet addresses for the information statements on |
| 206 | the Secretary of State's and the Office of Economic and |
| 207 | Demographic Research's websites in the publication or mailing |
| 208 | required by s. 101.20. |
| 209 | (7) The Department of State may adopt rules in accordance |
| 210 | with s. 120.54 to carry out the provisions of subsections (1)- |
| 211 | (5) of this section. |
| 212 | Section 4. Subsection (1) of section 101.161, Florida |
| 213 | Statutes, is amended to read: |
| 214 | 101.161 Referenda; ballots.-- |
| 215 | (1) Whenever a constitutional amendment or other public |
| 216 | measure is submitted to the vote of the people, the substance of |
| 217 | such amendment or other public measure shall be printed in clear |
| 218 | and unambiguous language on the ballot after the list of |
| 219 | candidates, followed by the word "yes" and also by the word |
| 220 | "no," and shall be styled in such a manner that a "yes" vote |
| 221 | will indicate approval of the proposal and a "no" vote will |
| 222 | indicate rejection. The wording of the substance of the |
| 223 | amendment or other public measure and the ballot title to appear |
| 224 | on the ballot shall be embodied in the joint resolution, |
| 225 | constitutional revision commission proposal, constitutional |
| 226 | convention proposal, taxation and budget reform commission |
| 227 | proposal, or enabling resolution or ordinance. Except for |
| 228 | amendments and ballot language proposed by joint resolution, the |
| 229 | substance of the amendment or other public measure shall be an |
| 230 | explanatory statement, not exceeding 75 words in length, of the |
| 231 | chief purpose of the measure. In addition, for any amendment |
| 232 | proposed by initiative, the ballot shall include, following the |
| 233 | ballot summary, a separate financial fiscal impact statement |
| 234 | concerning the measure prepared by the Financial Impact Revenue |
| 235 | Estimating Conference in accordance with s. 100.371(6) or s. |
| 236 | 100.381. The ballot title shall consist of a caption, not |
| 237 | exceeding 15 words in length, by which the measure is commonly |
| 238 | referred to or spoken of. |
| 239 | Section 5. Paragraph (a) of subsection (4) of section |
| 240 | 101.62, Florida Statutes, is amended to read: |
| 241 | 101.62 Request for absentee ballots.-- |
| 242 | (4)(a) To each absent qualified elector overseas who has |
| 243 | requested an absentee ballot, the supervisor of elections shall, |
| 244 | not fewer than 35 days before the first primary election, mail |
| 245 | an absentee ballot. Not fewer than 45 days before the second |
| 246 | primary and general election, the supervisor of elections shall |
| 247 | mail an advance absentee ballot to those persons requesting |
| 248 | ballots for such elections. The advance absentee ballot for the |
| 249 | second primary shall be the same as the first primary absentee |
| 250 | ballot as to the names of candidates, except that for any |
| 251 | offices where there are only two candidates, those offices and |
| 252 | all political party executive committee offices shall be |
| 253 | omitted. Except as provided in ss. s. 99.063(4) and 100.371(6), |
| 254 | the advance absentee ballot for the general election shall be as |
| 255 | specified in s. 101.151, except that in the case of candidates |
| 256 | of political parties where nominations were not made in the |
| 257 | first primary, the names of the candidates placing first and |
| 258 | second in the first primary election shall be printed on the |
| 259 | advance absentee ballot. The advance absentee ballot or advance |
| 260 | absentee ballot information booklet shall be of a different |
| 261 | color for each election and also a different color from the |
| 262 | absentee ballots for the first primary, second primary, and |
| 263 | general election. The supervisor shall mail an advance absentee |
| 264 | ballot for the second primary and general election to each |
| 265 | qualified absent elector for whom a request is received until |
| 266 | the absentee ballots are printed. The supervisor shall enclose |
| 267 | with the advance second primary absentee ballot and advance |
| 268 | general election absentee ballot an explanation stating that the |
| 269 | absentee ballot for the election will be mailed as soon as it is |
| 270 | printed; and, if both the advance absentee ballot and the |
| 271 | absentee ballot for the election are returned in time to be |
| 272 | counted, only the absentee ballot will be counted. The |
| 273 | Department of State may prescribe by rule the requirements for |
| 274 | preparing and mailing absentee ballots to absent qualified |
| 275 | electors overseas. |
| 276 | Section 6. Paragraph (a) of subsection (3) of section |
| 277 | 216.136, Florida Statutes, is amended to read: |
| 278 | 216.136 Consensus estimating conferences; duties and |
| 279 | principals.-- |
| 280 | (3) REVENUE ESTIMATING CONFERENCE.-- |
| 281 | (a) Duties.--The Revenue Estimating Conference shall |
| 282 | develop such official information with respect to anticipated |
| 283 | state and local government revenues as the conference determines |
| 284 | is needed for the state planning and budgeting system. Any |
| 285 | principal may request the conference to review and estimate |
| 286 | revenues for any trust fund. Also, the conference shall prepare |
| 287 | fiscal impact statements for constitutional amendments pursuant |
| 288 | to s. 100.371(6). |
| 289 | Section 7. The Secretary of State shall immediately submit |
| 290 | to the Financial Impact Estimating Conference any active |
| 291 | initiative petition that met the requirements of s. 15.21, |
| 292 | Florida Statutes, before the effective date of this act. |
| 293 | Section 8. Section 100.381, Florida Statutes, is repealed. |
| 294 | Section 9. This act shall take effect upon becoming a law. |