HB 1743

1
A bill to be entitled
2An act relating to constitutional amendments; amending s.
316.061, F.S.; requiring the Attorney General to petition
4the Supreme Court regarding compliance of financial impact
5statements; requiring the Supreme Court to render certain
6advisory opinions by April 1 of a general election year;
7amending s. 100.371, F.S.; requiring initiative petitions
8to be filed by February 1 of a general election year in
9order to be placed on the ballot; providing an effective
10date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 16.061, Florida Statutes, is amended to
15read:
16     16.061  Initiative petitions.--
17     (1)  The Attorney General shall, within 30 days after
18receipt of a proposed revision or amendment to the State
19Constitution by initiative petition from the Secretary of State,
20petition the Supreme Court, requesting an advisory opinion
21regarding the compliance of the text of the proposed amendment
22or revision with s. 3, Art. XI of the State Constitution and the
23compliance of the proposed ballot title and substance with s.
24101.161. The Attorney General shall, within 30 days after
25receipt of an initiative petition's financial impact statement
26or revised financial impact statement from the Financial Impact
27Estimating Conference, petition the Supreme Court, requesting an
28advisory opinion regarding the compliance of the statement with
29s. 100.371(6). The petitions petition may enumerate any specific
30factual issues that the Attorney General believes would require
31a judicial determination. A copy of the petitions shall be
32provided to the Secretary of State and the principal officer of
33the sponsor.
34     (2)  The Supreme Court shall render its advisory opinions
35pursuant to subsection (1) by April 1 of the year in which the
36general election is to be held. If no opinion has been rendered
37by this date, the initiative petition shall be deemed valid and
38approved for placement on the ballot A copy of the petition
39shall be provided to the Secretary of State and the principal
40officer of the sponsor.
41     (3)  Any financial fiscal impact statement that the court
42finds not to be in accordance with s. 100.371 shall be remanded
43solely to the Financial Impact Estimating Conference for
44redrafting.
45     Section 2.  Subsections (1), (2), and (6) of section
46100.371, Florida Statutes, are amended to read:
47     100.371  Initiatives; procedure for placement on ballot.--
48     (1)  Constitutional amendments proposed by initiative shall
49be placed on the ballot for the general election provided that
50an initiative petition is filed with the Secretary of State by
51February 1 of the year in which the general election is to be
52held occurring in excess of 90 days from the certification of
53ballot position by the Secretary of State.
54     (2)  Certification of ballot position Such certification
55shall be issued when the Secretary of State has received
56verification certificates from the supervisors of elections
57indicating that the requisite number and distribution of valid
58signatures of electors have been submitted to and verified by
59the supervisors. Every signature shall be dated when made and
60shall be valid for a period of 4 years following such date,
61provided all other requirements of law are satisfied complied
62with.
63     (6)(a)  Within 45 days after receipt of a proposed revision
64or amendment to the State Constitution by initiative petition
65from the Secretary of State or, within 30 days after such
66receipt if receipt occurs 120 days or less before the election
67at which the question of ratifying the amendment will be
68presented, the Financial Impact Estimating Conference shall
69complete an analysis and financial impact statement to be placed
70on the ballot of the estimated increase or decrease in any
71revenues or costs to state or local governments resulting from
72the proposed initiative. The Financial Impact Estimating
73Conference shall submit the financial impact statement to the
74Attorney General and Secretary of State.
75     (b)1.  The Financial Impact Estimating Conference shall
76provide an opportunity for any proponents or opponents of the
77initiative to submit information and may solicit information or
78analysis from any other entities or agencies, including the
79Office of Economic and Demographic Research. All meetings of the
80Financial Impact Estimating Conference shall be open to the
81public as provided in chapter 286.
82     2.  The Financial Impact Estimating Conference is
83established to review, analyze, and estimate the financial
84impact of amendments to or revisions of the State Constitution
85proposed by initiative. The Financial Impact Estimating
86Conference shall consist of four principals: one person from the
87Executive Office of the Governor; the coordinator of the Office
88of Economic and Demographic Research, or his or her designee;
89one person from the professional staff of the Senate; and one
90person from the professional staff of the House of
91Representatives. Each principal shall have appropriate fiscal
92expertise in the subject matter of the initiative. A Financial
93Impact Estimating Conference may be appointed for each
94initiative.
95     3.  Principals of the Financial Impact Estimating
96Conference shall reach a consensus or majority concurrence on a
97clear and unambiguous financial impact statement, no more than
9875 words in length, and immediately submit the statement to the
99Attorney General. Nothing in this subsection prohibits the
100Financial Impact Estimating Conference from setting forth a
101range of potential impacts in the financial impact statement.
102Any financial impact statement that a court finds not to be in
103accordance with this section shall be remanded solely to the
104Financial Impact Estimating Conference for redrafting. The
105Financial Impact Estimating Conference shall redraft the
106financial impact statement within 15 days.
107     4.  If the members of the Financial Impact Estimating
108Conference are unable to agree on the statement required by this
109subsection, or if the Supreme Court has rejected the initial
110submission by the Financial Impact Estimating Conference and no
111redraft has been approved by the Supreme Court by April 1 of the
112year in which the general election is to be held 5 p.m. on the
11375th day before the election, the following statement shall
114appear on the ballot pursuant to s. 101.161(1): "The financial
115impact of this measure, if any, cannot be reasonably determined
116at this time."
117     (c)  The financial impact statement must be separately
118contained and be set forth after the ballot summary as required
119in s. 101.161(1).
120     (d)1.  Any financial impact statement that the Supreme
121Court finds not to be in accordance with this subsection shall
122be remanded solely to the Financial Impact Estimating Conference
123for redrafting, provided the court's advisory opinion is
124rendered by April 1 of the year in which the general election is
125to be held at least 75 days before the election at which the
126question of ratifying the amendment will be presented. The
127Financial Impact Estimating Conference shall prepare and adopt a
128revised financial impact statement no later than 5 p.m. on the
12915th 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
131general election is to be held the 75th day before the election,
132the Supreme Court has not issued an advisory opinion on the
133initial financial impact statement prepared by the Financial
134Impact Estimating Conference for an initiative amendment that
135otherwise meets the legal requirements for ballot placement, the
136financial impact statement shall be deemed approved for
137placement on the ballot.
138     3.  In addition to the financial impact statement required
139by this subsection, the Financial Impact Estimating Conference
140shall draft an initiative financial information statement. The
141initiative financial information statement should describe in
142greater detail than the financial impact statement any projected
143increase or decrease in revenues or costs that the state or
144local governments would likely experience if the ballot measure
145were approved. If appropriate, the initiative financial
146information statement may include both estimated dollar amounts
147and a description placing the estimated dollar amounts into
148context. The initiative financial information statement must
149include both a summary of not more than 500 words and additional
150detailed information that includes the assumptions that were
151made to develop the financial impacts, workpapers, and any other
152information deemed relevant by the Financial Impact Estimating
153Conference.
154     4.  The Department of State shall have printed, and shall
155furnish to each supervisor of elections, a copy of the summary
156from the initiative financial information statements. The
157supervisors shall have the summary from the initiative financial
158information statements available at each polling place and at
159the main office of the supervisor of elections upon request.
160     5.  The Secretary of State and the Office of Economic and
161Demographic Research shall make available on the Internet each
162initiative financial information statement in its entirety. In
163addition, each supervisor of elections whose office has a
164website shall post the summary from each initiative financial
165information statement on the website. Each supervisor shall
166include the Internet addresses for the information statements on
167the Secretary of State's and the Office of Economic and
168Demographic Research's websites in the publication or mailing
169required by s. 101.20.
170     Section 3.  This act shall take effect upon becoming a law.


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