Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2022
Barcode 840894
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Ethics and Elections (Posey) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Section 16.061, Florida Statutes, is
19 amended to read:
20 16.061 Initiative petitions.--
21 (1) The Attorney General shall, within 30 days after
22 receipt of a proposed revision or amendment to the State
23 Constitution by initiative petition from the Secretary of
24 State, petition the Supreme Court, requesting an advisory
25 opinion regarding the compliance of the text of the proposed
26 amendment or revision with s. 3, Art. XI of the State
27 Constitution and the compliance of the proposed ballot title
28 and substance with s. 101.161. The Attorney General shall,
29 within 30 days after receipt of an initiative petition's
30 financial impact statement or revised financial impact
31 statement from the Financial Impact Estimating Conference,
1
6:34 PM 04/01/05 s2022.ee24.111
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2022
Barcode 840894
1 petition the Supreme Court, requesting an advisory opinion
2 regarding the compliance of the statement with s. 100.371(6).
3 The petitions petition may enumerate any specific factual
4 issues that the Attorney General believes would require a
5 judicial determination.
6 (2) A copy of each the petition shall be provided to
7 the Secretary of State and the principal officer of the
8 sponsor.
9 (3) Any financial fiscal impact statement that the
10 court finds not to be in accordance with s. 100.371 shall be
11 remanded solely to the Financial Impact Estimating Conference
12 for redrafting.
13 Section 2. Subsections (1), (2), and (6) of section
14 100.371, Florida Statutes, are amended to read:
15 100.371 Initiatives; procedure for placement on
16 ballot.--
17 (1) Constitutional amendments proposed by initiative
18 shall be placed on the ballot for the general election
19 provided that an initiative petition is filed with the
20 Secretary of State by February 1 of the year in which the
21 general election is to be held occurring in excess of 90 days
22 from the certification of ballot position by the Secretary of
23 State.
24 (2) Certification of ballot position Such
25 certification shall be issued when the Secretary of State has
26 received verification certificates from the supervisors of
27 elections indicating that the requisite number and
28 distribution of valid signatures of electors have been
29 submitted to and verified by the supervisors. Every signature
30 shall be dated when made and shall be valid for a period of 4
31 years following such date, provided all other requirements of
2
6:34 PM 04/01/05 s2022.ee24.111
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2022
Barcode 840894
1 law are satisfied complied with.
2 (6)(a) Within 45 days after receipt of a proposed
3 revision or amendment to the State Constitution by initiative
4 petition from the Secretary of State or, within 30 days after
5 such receipt if receipt occurs 120 days or less before the
6 election at which the question of ratifying the amendment will
7 be presented, the Financial Impact Estimating Conference shall
8 complete an analysis and financial impact statement to be
9 placed on the ballot of the estimated increase or decrease in
10 any revenues or costs to state or local governments resulting
11 from the proposed initiative. The Financial Impact Estimating
12 Conference shall submit the financial impact statement to the
13 Attorney General and Secretary of State.
14 (b)1. The Financial Impact Estimating Conference shall
15 provide an opportunity for any proponents or opponents of the
16 initiative to submit information and may solicit information
17 or analysis from any other entities or agencies, including the
18 Office of Economic and Demographic Research. All meetings of
19 the Financial Impact Estimating Conference shall be open to
20 the public as provided in chapter 286.
21 2. The Financial Impact Estimating Conference is
22 established to review, analyze, and estimate the financial
23 impact of amendments to or revisions of the State Constitution
24 proposed by initiative. The Financial Impact Estimating
25 Conference shall consist of four principals: one person from
26 the Executive Office of the Governor; the coordinator of the
27 Office of Economic and Demographic Research, or his or her
28 designee; one person from the professional staff of the
29 Senate; and one person from the professional staff of the
30 House of Representatives. Each principal shall have
31 appropriate fiscal expertise in the subject matter of the
3
6:34 PM 04/01/05 s2022.ee24.111
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2022
Barcode 840894
1 initiative. A Financial Impact Estimating Conference may be
2 appointed for each initiative.
3 3. Principals of the Financial Impact Estimating
4 Conference shall reach a consensus or majority concurrence on
5 a clear and unambiguous financial impact statement, no more
6 than 75 words in length, and immediately submit the statement
7 to the Attorney General. Nothing in this subsection prohibits
8 the Financial Impact Estimating Conference from setting forth
9 a range of potential impacts in the financial impact
10 statement. Any financial impact statement that a court finds
11 not to be in accordance with this section shall be remanded
12 solely to the Financial Impact Estimating Conference for
13 redrafting. The Financial Impact Estimating Conference shall
14 redraft the financial impact statement within 15 days.
15 4. If the members of the Financial Impact Estimating
16 Conference are unable to agree on the statement required by
17 this subsection, or if the Supreme Court has rejected the
18 initial submission by the Financial Impact Estimating
19 Conference and no redraft has been approved by the Supreme
20 Court by 5 p.m. on the 75th day before the election, the
21 following statement shall appear on the ballot pursuant to s.
22 101.161(1): "The financial impact of this measure, if any,
23 cannot be reasonably determined at this time."
24 (c) The financial impact statement must be separately
25 contained and be set forth after the ballot summary as
26 required in s. 101.161(1).
27 (d)1. Any financial impact statement that the Supreme
28 Court finds not to be in accordance with this subsection shall
29 be remanded solely to the Financial Impact Estimating
30 Conference for redrafting, provided the court's advisory
31 opinion is rendered at least 75 days before the election at
4
6:34 PM 04/01/05 s2022.ee24.111
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2022
Barcode 840894
1 which the question of ratifying the amendment will be
2 presented. The Financial Impact Estimating Conference shall
3 prepare and adopt a revised financial impact statement no
4 later than 5 p.m. on the 15th day after the date of the
5 court's opinion.
6 2. If, by 5 p.m. on the 75th day before the election,
7 the Supreme Court has not issued an advisory opinion on the
8 initial financial impact statement prepared by the Financial
9 Impact Estimating Conference for an initiative amendment that
10 otherwise meets the legal requirements for ballot placement,
11 the financial impact statement shall be deemed approved for
12 placement on the ballot.
13 3. In addition to the financial impact statement
14 required by this subsection, the Financial Impact Estimating
15 Conference shall draft an initiative financial information
16 statement. The initiative financial information statement
17 should describe in greater detail than the financial impact
18 statement any projected increase or decrease in revenues or
19 costs that the state or local governments would likely
20 experience if the ballot measure were approved. If
21 appropriate, the initiative financial information statement
22 may include both estimated dollar amounts and a description
23 placing the estimated dollar amounts into context. The
24 initiative financial information statement must include both a
25 summary of not more than 500 words and additional detailed
26 information that includes the assumptions that were made to
27 develop the financial impacts, workpapers, and any other
28 information deemed relevant by the Financial Impact Estimating
29 Conference.
30 4. The Department of State shall have printed, and
31 shall furnish to each supervisor of elections, a copy of the
5
6:34 PM 04/01/05 s2022.ee24.111
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2022
Barcode 840894
1 summary from the initiative financial information statements.
2 The supervisors shall have the summary from the initiative
3 financial information statements available at each polling
4 place and at the main office of the supervisor of elections
5 upon request.
6 5. The Secretary of State and the Office of Economic
7 and Demographic Research shall make available on the Internet
8 each initiative financial information statement in its
9 entirety. In addition, each supervisor of elections whose
10 office has a website shall post the summary from each
11 initiative financial information statement on the website.
12 Each supervisor shall include the Internet addresses for the
13 information statements on the Secretary of State's and the
14 Office of Economic and Demographic Research's websites in the
15 publication or mailing required by s. 101.20.
16 Section 3. This act shall take effect upon becoming a
17 law.
18
19
20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 Delete everything before the enacting clause
23
24 and insert:
25 A bill to be entitled
26 An act relating to constitutional amendments;
27 amending s. 16.061, F.S.; requiring the
28 Attorney General to petition the Supreme Court
29 regarding compliance of financial impact
30 statements; amending s. 100.371, F.S.;
31 requiring initiative petitions to be filed by
6
6:34 PM 04/01/05 s2022.ee24.111
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2022
Barcode 840894
1 February 1 of a general election year in order
2 to be placed on the ballot; providing an
3 effective date.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
7
6:34 PM 04/01/05 s2022.ee24.111