HB 1743

1
A bill to be entitled
2An act relating to financial impact statements for
3proposed constitutional amendments; amending s. 15.21,
4F.S.; requiring the Secretary of State to submit certain
5proposed constitutional amendments to the Financial Impact
6Estimating Conference; amending s. 16.061, F.S.; requiring
7the Attorney General to immediately petition the Supreme
8Court for review of certain financial impact statements;
9deleting duties of the Attorney General with respect to
10constitutional amendments proposed other than by
11initiative; amending s. 100.371, F.S.; revising the times
12within which the Financial Impact Estimating Conference
13must complete its analysis and financial impact statement
14for amendments proposed by initiative; providing for open
15meetings; establishing the Financial Impact Estimating
16Conference for certain purposes; specifying principals of
17the conference; revising criteria for financial impact
18statements; providing for redrafting of such statements by
19the conference under certain circumstances; requiring the
20Financial Impact Estimating Conference to produce a
21financial information statement and summary; specifying
22statement requirements; providing for distribution and
23publication of the financial information statement and
24summary; repealing s. 100.381, F.S., relating to fiscal
25impact statement requirements for amendments proposed
26other than by initiative; amending s. 101.161, F.S.;
27prescribing placement of the financial impact statement on
28the ballot; amending s. 101.62, F.S., relating to absentee
29ballots, to conform; amending s. 216.136, F.S.; conforming
30provisions to changes made by the act; providing
31procedures for commencing the financial impact statement
32development and review process for certain proposed
33initiatives; providing an effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37     Section 1.  Section 15.21, Florida Statutes, is amended to
38read:
39     15.21  Initiative petitions; s. 3, Art. XI, State
40Constitution.--The Secretary of State shall immediately submit
41an initiative petition to the Attorney General and to the
42Financial Impact Revenue Estimating Conference if the sponsor
43has:
44     (1)  Registered as a political committee pursuant to s.
45106.03;
46     (2)  Submitted the ballot title, substance, and text of the
47proposed revision or amendment to the Secretary of State
48pursuant to ss. 100.371 and 101.161; and
49     (3)  Obtained a letter from the Division of Elections
50confirming that the sponsor has submitted to the appropriate
51supervisors for verification, and the supervisors have verified,
52forms signed and dated equal to 10 percent of the number of
53electors statewide and in at least one-fourth of the
54congressional districts required by s. 3, Art. XI of the State
55Constitution.
56     Section 2.  Section 16.061, Florida Statutes, is amended to
57read:
58     16.061  Initiative petitions Proposed constitutional
59revisions or amendments.--
60     (1)  The Attorney General shall, within 30 days after
61receipt of a proposed revision or amendment to the State
62Constitution by initiative petition from the Secretary of State,
63petition the Supreme Court, requesting an advisory opinion
64regarding the compliance of the text of the proposed amendment
65or revision with s. 3, Art. XI of the State Constitution and the
66compliance of the proposed ballot title and substance with s.
67101.161 and the compliance of the fiscal impact statement with
68ss. 100.371 and 101.161. For all other proposed revisions or
69amendments to the State Constitution, the Attorney General
70shall, upon the Revenue Estimating Conference finalizing the
71fiscal impact statement, petition the Supreme Court requesting
72an advisory opinion regarding compliance of the text of the
73fiscal impact statement with ss. 100.371, 100.381, and 101.161.
74The petition may enumerate any specific factual issues that
75which the Attorney General believes would require a judicial
76determination.
77     (2)  A copy of the petition shall be provided to the
78Secretary of State and the principal officer of the sponsor.
79     (3)  Any fiscal impact statement that the court finds not
80to be in accordance with s. 100.371, s. 100.381, or s. 101.161
81shall be remanded solely to the Financial Impact Revenue
82Estimating Conference for redrafting.
83     Section 3.  Subsections (6) and (7) of section 100.371,
84Florida Statutes, are amended to read:
85     100.371  Initiatives; procedure for placement on ballot.--
86     (6)(a)  Within 45 days after receipt of a proposed revision
87or amendment to the State Constitution by initiative petition
88from the Secretary of State or, within 30 days after such
89receipt if receipt occurs 120 days or less before the election
90at which the question of ratifying the amendment will be
91presented for any initiative approved by the Florida Supreme
92Court for the general election ballot for 2002, within 45 days
93after the effective date of this subsection, whichever occurs
94later, the Financial Impact Revenue Estimating Conference shall
95complete an analysis and financial fiscal impact statement to be
96placed on the ballot of the estimated increase or decrease in
97any revenues or costs to state or local governments resulting
98from the proposed initiative. The Financial Impact Estimating
99Conference shall submit the financial impact statement to the
100Attorney General and Secretary of State.
101     (b)1.  The Financial Impact Revenue Estimating Conference
102shall provide an opportunity for any proponents or opponents of
103the initiative to submit information and may solicit information
104or analysis from any other entities or agencies, including the
105Office of Economic and Demographic Research. All meetings of the
106Financial Impact Estimating Conference shall be open to the
107public as provided in chapter 286.
108     2.  The Financial Impact Estimating Conference is
109established to review, analyze, and estimate the financial
110impact of amendments to or revisions of the State Constitution
111proposed by initiative. The Financial Impact Estimating
112Conference shall consist of four principals: one person from the
113Executive Office of the Governor; the coordinator of the Office
114of Economic and Demographic Research, or his or her designee;
115one person from the professional staff of the Senate; and one
116person from the professional staff of the House of
117Representatives. Each principal shall have appropriate fiscal
118expertise in the subject matter of the initiative. A Financial
119Impact Estimating Conference may be appointed for each
120initiative.
121     3.(b)1.  Principals Members of the Financial Impact Revenue
122Estimating Conference shall reach a consensus or majority
123concurrence on a clear and unambiguous financial fiscal impact
124statement, no more than 75 50 words in length and immediately
125submit the statement to the Attorney General. Nothing in this
126subsection prohibits the Financial Impact Revenue Estimating
127Conference from setting forth a range of potential impacts in
128the financial fiscal impact statement. Any financial fiscal
129impact statement that a court finds not to be in accordance with
130this section, s. 100.381, or s. 101.161 shall be remanded solely
131to the Financial Impact Revenue Estimating Conference for
132redrafting. The Financial Impact Revenue Estimating Conference
133shall redraft the financial fiscal impact statement within 15
134days.
135     4.2.  If the members of the Financial Impact Revenue
136Estimating Conference are unable to agree on the statement
137required by this subsection, or if the Supreme Court has
138rejected the initial submission by the Financial Impact
139Estimating Conference and no redraft has been approved by the
140Supreme Court by 5 p.m. on the 75th day before the election, the
141following statement shall appear on the ballot pursuant to s.
142101.161(1): "The financial fiscal impact of this measure, if
143any, cannot be reasonably determined at this time."
144     (c)  The financial fiscal impact statement must be
145separately contained and be set forth after the ballot summary
146as required in s. 101.161(1).
147     (d)1.  Any financial impact statement that the Supreme
148Court finds not to be in accordance with this subsection shall
149be remanded solely to the Financial Impact Estimating Conference
150for redrafting, provided the court's advisory opinion is
151rendered at least 75 days before the election at which the
152question of ratifying the amendment will be presented. The
153Financial Impact Estimating Conference shall prepare and adopt a
154revised financial impact statement no later than 5 p.m. on the
15515th day after the date of the court's opinion.
156     2.  If, by 5 p.m. on the 75th day before the election, the
157Supreme Court has not issued an advisory opinion on the initial
158financial impact statement prepared by the Financial Impact
159Estimating Conference for an initiative amendment that otherwise
160meets the legal requirements for ballot placement, the financial
161impact statement shall be deemed approved for placement on the
162ballot.
163     3.  In addition to the financial impact statement required
164by this subsection, the Financial Impact Estimating Conference
165shall draft an initiative financial information statement.  The
166initiative financial information statement should describe in
167greater detail than the financial impact statement any projected
168increase or decrease in revenues or costs that the state or
169local governments would likely experience if the ballot measure
170were approved. If appropriate, the initiative financial
171information statement may include both estimated dollar amounts
172and a description placing the estimated dollar amounts into
173context. The initiative financial information statement must
174include both a summary of not more than 500 words and additional
175detailed information that includes the assumptions that were
176made to develop the financial impacts, workpapers, and any other
177information deemed relevant by the Financial Impact Estimating
178Conference.
179     4.  The Department of State shall have printed, and shall
180furnish to each supervisor of elections, a copy of the summary
181from the initiative financial information statements. The
182supervisors shall have the summary from the initiative financial
183information statements available at each polling place and at
184the main office of the supervisor of elections upon request.
185     5.  The Secretary of State and the Office of Economic and
186Demographic Research shall make available on the Internet each
187initiative financial information statement in its entirety. In
188addition, each supervisor of elections whose office has a
189website shall post the summary from each initiative financial
190information statement on the website. Each supervisor shall
191include the Internet addresses for the information statements on
192the Secretary of State's and the Office of Economic and
193Demographic Research's websites in the publication or mailing
194required by s. 101.20.
195     (7)  The Department of State may adopt rules in accordance
196with s. 120.54 to carry out the provisions of subsections (1)-
197(6) (1)-(5) of this section.
198     Section 4.  Section 100.381, Florida Statutes, is repealed.
199     Section 5.  Subsection (1) of section 101.161, Florida
200Statutes, is amended to read:
201     101.161  Referenda; ballots.--
202     (1)  Whenever a constitutional amendment or other public
203measure is submitted to the vote of the people, the substance of
204such amendment or other public measure shall be printed in clear
205and unambiguous language on the ballot after the list of
206candidates, followed by the word "yes" and also by the word
207"no," and shall be styled in such a manner that a "yes" vote
208will indicate approval of the proposal and a "no" vote will
209indicate rejection. The wording of the substance of the
210amendment or other public measure and the ballot title to appear
211on the ballot shall be embodied in the joint resolution,
212constitutional revision commission proposal, constitutional
213convention proposal, taxation and budget reform commission
214proposal, or enabling resolution or ordinance. Except for
215amendments and ballot language proposed by joint resolution, the
216substance of the amendment or other public measure shall be an
217explanatory statement, not exceeding 75 words in length, of the
218chief purpose of the measure. In addition, for every amendment
219proposed by initiative, the ballot shall include, following the
220ballot summary, a separate financial fiscal impact statement
221concerning the measure prepared by the Financial Impact Revenue
222Estimating Conference in accordance with s. 100.371(6) or s.
223100.381. The ballot title shall consist of a caption, not
224exceeding 15 words in length, by which the measure is commonly
225referred to or spoken of.
226     Section 6.  Paragraph (a) of subsection (4) of section
227101.62, Florida Statutes, is amended to read:
228     101.62  Request for absentee ballots.--
229     (4)(a)  To each absent qualified elector overseas who has
230requested an absentee ballot, the supervisor of elections shall,
231not fewer than 35 days before the first primary election, mail
232an absentee ballot.  Not fewer than 45 days before the second
233primary and general election, the supervisor of elections shall
234mail an advance absentee ballot to those persons requesting
235ballots for such elections.  The advance absentee ballot for the
236second primary shall be the same as the first primary absentee
237ballot as to the names of candidates, except that for any
238offices where there are only two candidates, those offices and
239all political party executive committee offices shall be
240omitted.  Except as provided in ss. s. 99.063(4) and 100.371(6),
241the advance absentee ballot for the general election shall be as
242specified in s. 101.151, except that in the case of candidates
243of political parties where nominations were not made in the
244first primary, the names of the candidates placing first and
245second in the first primary election shall be printed on the
246advance absentee ballot. The advance absentee ballot or advance
247absentee ballot information booklet shall be of a different
248color for each election and also a different color from the
249absentee ballots for the first primary, second primary, and
250general election.  The supervisor shall mail an advance absentee
251ballot for the second primary and general election to each
252qualified absent elector for whom a request is received until
253the absentee ballots are printed.  The supervisor shall enclose
254with the advance second primary absentee ballot and advance
255general election absentee ballot an explanation stating that the
256absentee ballot for the election will be mailed as soon as it is
257printed; and, if both the advance absentee ballot and the
258absentee ballot for the election are returned in time to be
259counted, only the absentee ballot will be counted. The
260Department of State may prescribe by rule the requirements for
261preparing and mailing absentee ballots to absent qualified
262electors overseas.
263     Section 7.  Paragraph (a) of subsection (3) of section
264216.136, Florida Statutes, is amended to read:
265     216.136  Consensus estimating conferences; duties and
266principals.--
267     (3)  REVENUE ESTIMATING CONFERENCE.--
268     (a)  Duties.--The Revenue Estimating Conference shall
269develop such official information with respect to anticipated
270state and local government revenues as the conference determines
271is needed for the state planning and budgeting system.  Any
272principal may request the conference to review and estimate
273revenues for any trust fund. Also, the conference shall prepare
274fiscal impact statements for constitutional amendments pursuant
275to s. 100.371(6).
276     Section 8.  The Secretary of State shall immediately submit
277to the Financial Impact Estimating Conference any active
278initiative petition that met the requirements of section 15.21,
279Florida Statutes, before the effective date of this act.
280     Section 9.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.