1 | A bill to be entitled |
2 | An act relating to constitutional amendments; amending s. |
3 | 16.061, F.S.; requiring the Attorney General to petition |
4 | the Supreme Court regarding compliance of financial impact |
5 | statements; requiring the Supreme Court to render certain |
6 | advisory opinions by April 1 of a general election year; |
7 | amending s. 100.371, F.S.; requiring initiative petitions |
8 | to be filed by February 1 of a general election year in |
9 | order to be placed on the ballot; providing an effective |
10 | date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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14 | Section 1. Section 16.061, Florida Statutes, is amended to |
15 | read: |
16 | 16.061 Initiative petitions.-- |
17 | (1) The Attorney General shall, within 30 days after |
18 | receipt of a proposed revision or amendment to the State |
19 | Constitution by initiative petition from the Secretary of State, |
20 | petition the Supreme Court, requesting an advisory opinion |
21 | regarding the compliance of the text of the proposed amendment |
22 | or revision with s. 3, Art. XI of the State Constitution and the |
23 | compliance of the proposed ballot title and substance with s. |
24 | 101.161. The Attorney General shall, within 30 days after |
25 | receipt of an initiative petition's financial impact statement |
26 | or revised financial impact statement from the Financial Impact |
27 | Estimating Conference, petition the Supreme Court, requesting an |
28 | advisory opinion regarding the compliance of the statement with |
29 | s. 100.371(6). The petitions petition may enumerate any specific |
30 | factual issues that the Attorney General believes would require |
31 | a judicial determination. A copy of the petitions shall be |
32 | provided to the Secretary of State and the principal officer of |
33 | the sponsor. |
34 | (2) The Supreme Court shall render its advisory opinions |
35 | pursuant to subsection (1) by April 1 of the year in which the |
36 | general election is to be held. If no opinion has been rendered |
37 | by this date, the initiative petition shall be deemed valid and |
38 | approved for placement on the ballot A copy of the petition |
39 | shall be provided to the Secretary of State and the principal |
40 | officer of the sponsor. |
41 | (3) Any financial fiscal impact statement that the court |
42 | finds not to be in accordance with s. 100.371 shall be remanded |
43 | solely to the Financial Impact Estimating Conference for |
44 | redrafting. |
45 | Section 2. Subsections (1), (2), and (6) of section |
46 | 100.371, Florida Statutes, are amended to read: |
47 | 100.371 Initiatives; procedure for placement on ballot.-- |
48 | (1) Constitutional amendments proposed by initiative shall |
49 | be placed on the ballot for the general election provided that |
50 | an initiative petition is filed with the Secretary of State by |
51 | February 1 of the year in which the general election is to be |
52 | held occurring in excess of 90 days from the certification of |
53 | ballot position by the Secretary of State. |
54 | (2) Certification of ballot position Such certification |
55 | shall be issued when the Secretary of State has received |
56 | verification certificates from the supervisors of elections |
57 | indicating that the requisite number and distribution of valid |
58 | signatures of electors have been submitted to and verified by |
59 | the supervisors. Every signature shall be dated when made and |
60 | shall be valid for a period of 4 years following such date, |
61 | provided all other requirements of law are satisfied complied |
62 | with. |
63 | (6)(a) Within 45 days after receipt of a proposed revision |
64 | or amendment to the State Constitution by initiative petition |
65 | from the Secretary of State or, within 30 days after such |
66 | receipt if receipt occurs 120 days or less before the election |
67 | at which the question of ratifying the amendment will be |
68 | presented, the Financial Impact Estimating Conference shall |
69 | complete an analysis and financial impact statement to be placed |
70 | on the ballot of the estimated increase or decrease in any |
71 | revenues or costs to state or local governments resulting from |
72 | the proposed initiative. The Financial Impact Estimating |
73 | Conference shall submit the financial impact statement to the |
74 | Attorney General and Secretary of State. |
75 | (b)1. The Financial Impact Estimating Conference shall |
76 | provide an opportunity for any proponents or opponents of the |
77 | initiative to submit information and may solicit information or |
78 | analysis from any other entities or agencies, including the |
79 | Office of Economic and Demographic Research. All meetings of the |
80 | Financial Impact Estimating Conference shall be open to the |
81 | public as provided in chapter 286. |
82 | 2. The Financial Impact Estimating Conference is |
83 | established to review, analyze, and estimate the financial |
84 | impact of amendments to or revisions of the State Constitution |
85 | proposed by initiative. The Financial Impact Estimating |
86 | Conference shall consist of four principals: one person from the |
87 | Executive Office of the Governor; the coordinator of the Office |
88 | of Economic and Demographic Research, or his or her designee; |
89 | one person from the professional staff of the Senate; and one |
90 | person from the professional staff of the House of |
91 | Representatives. Each principal shall have appropriate fiscal |
92 | expertise in the subject matter of the initiative. A Financial |
93 | Impact Estimating Conference may be appointed for each |
94 | initiative. |
95 | 3. Principals of the Financial Impact Estimating |
96 | Conference shall reach a consensus or majority concurrence on a |
97 | clear and unambiguous financial impact statement, no more than |
98 | 75 words in length, and immediately submit the statement to the |
99 | Attorney General. Nothing in this subsection prohibits the |
100 | Financial Impact Estimating Conference from setting forth a |
101 | range of potential impacts in the financial impact statement. |
102 | Any financial impact statement that a court finds not to be in |
103 | accordance with this section shall be remanded solely to the |
104 | Financial Impact Estimating Conference for redrafting. The |
105 | Financial Impact Estimating Conference shall redraft the |
106 | financial impact statement within 15 days. |
107 | 4. If the members of the Financial Impact Estimating |
108 | Conference are unable to agree on the statement required by this |
109 | subsection, or if the Supreme Court has rejected the initial |
110 | submission by the Financial Impact Estimating Conference and no |
111 | redraft has been approved by the Supreme Court by April 1 of the |
112 | year in which the general election is to be held 5 p.m. on the |
113 | 75th day before the election, the following statement shall |
114 | appear on the ballot pursuant to s. 101.161(1): "The financial |
115 | impact of this measure, if any, cannot be reasonably determined |
116 | at this time." |
117 | (c) The financial impact statement must be separately |
118 | contained and be set forth after the ballot summary as required |
119 | in s. 101.161(1). |
120 | (d)1. Any financial impact statement that the Supreme |
121 | Court finds not to be in accordance with this subsection shall |
122 | be remanded solely to the Financial Impact Estimating Conference |
123 | for redrafting, provided the court's advisory opinion is |
124 | rendered by April 1 of the year in which the general election is |
125 | to be held at least 75 days before the election at which the |
126 | question of ratifying the amendment will be presented. The |
127 | Financial Impact Estimating Conference shall prepare and adopt a |
128 | revised financial impact statement no later than 5 p.m. on the |
129 | 15th day after the date of the court's opinion. |
130 | 2. If, by 5 p.m. on April 1 of the year in which the |
131 | general election is to be held the 75th day before the election, |
132 | the Supreme Court has not issued an advisory opinion on the |
133 | initial financial impact statement prepared by the Financial |
134 | Impact Estimating Conference for an initiative amendment that |
135 | otherwise meets the legal requirements for ballot placement, the |
136 | financial impact statement shall be deemed approved for |
137 | placement on the ballot. |
138 | 3. In addition to the financial impact statement required |
139 | by this subsection, the Financial Impact Estimating Conference |
140 | shall draft an initiative financial information statement. The |
141 | initiative financial information statement should describe in |
142 | greater detail than the financial impact statement any projected |
143 | increase or decrease in revenues or costs that the state or |
144 | local governments would likely experience if the ballot measure |
145 | were approved. If appropriate, the initiative financial |
146 | information statement may include both estimated dollar amounts |
147 | and a description placing the estimated dollar amounts into |
148 | context. The initiative financial information statement must |
149 | include both a summary of not more than 500 words and additional |
150 | detailed information that includes the assumptions that were |
151 | made to develop the financial impacts, workpapers, and any other |
152 | information deemed relevant by the Financial Impact Estimating |
153 | Conference. |
154 | 4. The Department of State shall have printed, and shall |
155 | furnish to each supervisor of elections, a copy of the summary |
156 | from the initiative financial information statements. The |
157 | supervisors shall have the summary from the initiative financial |
158 | information statements available at each polling place and at |
159 | the main office of the supervisor of elections upon request. |
160 | 5. The Secretary of State and the Office of Economic and |
161 | Demographic Research shall make available on the Internet each |
162 | initiative financial information statement in its entirety. In |
163 | addition, each supervisor of elections whose office has a |
164 | website shall post the summary from each initiative financial |
165 | information statement on the website. Each supervisor shall |
166 | include the Internet addresses for the information statements on |
167 | the Secretary of State's and the Office of Economic and |
168 | Demographic Research's websites in the publication or mailing |
169 | required by s. 101.20. |
170 | Section 3. This act shall take effect upon becoming a law. |