HB 1743CS

CHAMBER ACTION




1The State Administration Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to constitutional amendments; amending s.
716.061, F.S.; requiring the Attorney General to provide to
8the Secretary of State and sponsor a copy of the petition
9to the Supreme Court requesting an advisory opinion as to
10the validity of an initiative petition; requiring the
11Supreme Court to render certain advisory opinions by April
121 of a general election year; amending s. 100.371, F.S.;
13requiring initiative petitions to be filed by February 1
14of a general election year in order to be placed on the
15ballot; requiring financial impact statements to include
16certain information; revising submission requirements of
17the Financial Impact Estimating Conference; permitting
18challenge of financial impact statements in circuit court;
19providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Section 16.061, Florida Statutes, is amended to
24read:
25     16.061  Initiative petitions.--
26     (1)  The Attorney General shall, within 30 days after
27receipt of a proposed revision or amendment to the State
28Constitution by initiative petition from the Secretary of State,
29petition the Supreme Court, requesting an advisory opinion
30regarding the compliance of the text of the proposed amendment
31or revision with s. 3, Art. XI of the State Constitution and the
32compliance of the proposed ballot title and substance with s.
33101.161. The petition may enumerate any specific factual issues
34that the Attorney General believes would require a judicial
35determination. A copy of the petition shall be provided to the
36Secretary of State and the principal officer of the sponsor.
37     (2)  The Supreme Court shall render its advisory opinion
38pursuant to subsection (1) by April 1 of the year in which the
39general election is to be held. If no opinion has been rendered
40by this date, the initiative petition shall be deemed valid and
41approved for placement on the ballot A copy of the petition
42shall be provided to the Secretary of State and the principal
43officer of the sponsor.
44     (3)  Any fiscal impact statement that the court finds not
45to be in accordance with s. 100.371 shall be remanded solely to
46the Financial Impact Estimating Conference for redrafting.
47     Section 2.  Subsections (1), (2), and (6) of section
48100.371, Florida Statutes, are amended to read:
49     100.371  Initiatives; procedure for placement on ballot.--
50     (1)  Constitutional amendments proposed by initiative shall
51be placed on the ballot for the general election provided that
52an initiative petition is filed with the Secretary of State by
53February 1 of the year in which the general election is to be
54held occurring in excess of 90 days from the certification of
55ballot position by the Secretary of State.
56     (2)  Certification of ballot position Such certification
57shall be issued when the Secretary of State has received
58verification certificates from the supervisors of elections
59indicating that the requisite number and distribution of valid
60signatures of electors have been submitted to and verified by
61the supervisors. Every signature shall be dated when made and
62shall be valid for a period of 4 years following such date,
63provided all other requirements of law are satisfied complied
64with.
65     (6)(a)  Within 45 days after receipt of a proposed revision
66or amendment to the State Constitution by initiative petition
67from the Secretary of State or, within 30 days after such
68receipt if receipt occurs 120 days or less before the election
69at which the question of ratifying the amendment will be
70presented, the Financial Impact Estimating Conference shall
71complete an analysis and financial impact statement to be placed
72on the ballot of the probable financial impact of the
73initiative. The probable financial impact of the initiative
74shall include any estimated increase or decrease in any revenues
75or costs to state or local governments resulting from the full
76implementation of the proposed initiative, including those
77resulting from the enactment, revision, or repeal of associated
78or implementing legislation by state and local governments, and
79from the exercise of any expanded authority or discretion that
80would be granted to any entity by the passage and full
81implementation of the proposed initiative. The Financial Impact
82Estimating Conference shall submit the financial impact
83statement to the Attorney General and Secretary of State.
84     (b)1.  The Financial Impact Estimating Conference shall
85provide an opportunity for any proponents or opponents of the
86initiative to submit information and may solicit information or
87analysis from any other entities or agencies, including the
88Office of Economic and Demographic Research. All meetings of the
89Financial Impact Estimating Conference shall be open to the
90public as provided in chapter 286.
91     2.  The Financial Impact Estimating Conference is
92established to review, analyze, and estimate the financial
93impact of amendments to or revisions of the State Constitution
94proposed by initiative. The Financial Impact Estimating
95Conference shall consist of four principals: one person from the
96Executive Office of the Governor; the coordinator of the Office
97of Economic and Demographic Research, or his or her designee;
98one person from the professional staff of the Senate; and one
99person from the professional staff of the House of
100Representatives. Each principal shall have appropriate fiscal
101expertise in the subject matter of the initiative. A Financial
102Impact Estimating Conference may be appointed for each
103initiative.
104     3.  Principals of the Financial Impact Estimating
105Conference shall reach a consensus or majority concurrence on a
106clear and unambiguous financial impact statement, no more than
10775 words in length, and immediately submit the statement to the
108Secretary of State Attorney General. Nothing in this subsection
109prohibits the Financial Impact Estimating Conference from
110setting forth a range of potential impacts in the financial
111impact statement. The sponsor or any elector may challenge the
112financial impact statement in court by filing an appropriate
113petition in the Second Judicial Circuit Court, in and for Leon
114County, within 30 days after the submission of the financial
115impact statement to the Secretary of State. The circuit court
116shall hear and decide the case expeditiously in light of
117subparagraph (d)2. Any financial impact statement that a court
118finds not to be in accordance with this section shall be
119remanded solely to the Financial Impact Estimating Conference
120for redrafting. The Financial Impact Estimating Conference shall
121redraft the financial impact statement within 15 days.
122     4.  If the members of the Financial Impact Estimating
123Conference are unable to agree on the statement required by this
124subsection, or if a the Supreme court in a final order has
125rejected the initial submission by the Financial Impact
126Estimating Conference and no redraft has been approved by the
127Supreme court by April 1 of the year in which the general
128election is to be held 5 p.m. on the 75th day before the
129election, the following statement shall appear on the ballot
130pursuant to s. 101.161(1): "The financial impact of this
131measure, if any, cannot be reasonably determined at this time."
132     (c)  The financial impact statement must be separately
133contained and be set forth after the ballot summary as required
134in s. 101.161(1).
135     (d)1.  Any financial impact statement that a the Supreme
136court in a final order finds not to be in accordance with this
137subsection shall be remanded solely to the Financial Impact
138Estimating Conference for redrafting, provided the court's
139decision advisory opinion is rendered by April 1 of the year in
140which the general election is to be held at least 75 days before
141the election at which the question of ratifying the amendment
142will be presented. The Financial Impact Estimating Conference
143shall prepare and adopt a revised financial impact statement no
144later than 5 p.m. on the 15th day after the date of the court's
145opinion.
146     2.  If, by 5 p.m. on April 1 of the year in which the
147general election is to be held, no court has determined the
148initial financial impact statement not to be in accordance with
149this subsection the 75th day before the election, the Supreme
150Court has not issued an advisory opinion on the initial
151financial impact statement prepared by the Financial Impact
152Estimating Conference for an initiative amendment that otherwise
153meets the legal requirements for ballot placement, the financial
154impact statement shall be deemed approved for placement on the
155ballot.
156     3.  In addition to the financial impact statement required
157by this subsection, the Financial Impact Estimating Conference
158shall draft an initiative financial information statement. The
159initiative financial information statement should describe in
160greater detail than the financial impact statement any projected
161increase or decrease in revenues or costs that the state or
162local governments would likely experience if the ballot measure
163were approved. If appropriate, the initiative financial
164information statement may include both estimated dollar amounts
165and a description placing the estimated dollar amounts into
166context. The initiative financial information statement must
167include both a summary of not more than 500 words and additional
168detailed information that includes the assumptions that were
169made to develop the financial impacts, workpapers, and any other
170information deemed relevant by the Financial Impact Estimating
171Conference.
172     4.  The Department of State shall have printed, and shall
173furnish to each supervisor of elections, a copy of the summary
174from the initiative financial information statements. The
175supervisors shall have the summary from the initiative financial
176information statements available at each polling place and at
177the main office of the supervisor of elections upon request.
178     5.  The Secretary of State and the Office of Economic and
179Demographic Research shall make available on the Internet each
180initiative financial information statement in its entirety. In
181addition, each supervisor of elections whose office has a
182website shall post the summary from each initiative financial
183information statement on the website. Each supervisor shall
184include the Internet addresses for the information statements on
185the Secretary of State's and the Office of Economic and
186Demographic Research's websites in the publication or mailing
187required by s. 101.20.
188     Section 3.  This act shall take effect upon becoming a law.


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