Senate Bill sb2022c2

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    Florida Senate - 2005                    CS for CS for SB 2022

    By the Committees on Judiciary; Ethics and Elections; and
    Senator Posey




    590-2373-05

  1                      A bill to be entitled

  2         An act relating to constitutional amendments;

  3         amending s. 16.061, F.S.; requiring the

  4         Attorney General to provide to the Secretary of

  5         State and sponsor a copy of the petition to the

  6         Supreme Court requesting an advisory opinion as

  7         to the validity of an initiative petition;

  8         requiring that the Supreme Court render certain

  9         advisory opinions by April 1 of a general

10         election year; amending s. 100.371, F.S.;

11         requiring that initiative petitions be filed by

12         February 1 of a general election year in order

13         to be placed on the ballot; requiring that

14         financial impact statements include certain

15         information; revising submission requirements

16         of the Financial Impact Estimating Conference;

17         permitting challenge of financial impact

18         statements in circuit court; providing an

19         effective date.

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21  Be It Enacted by the Legislature of the State of Florida:

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23         Section 1.  Section 16.061, Florida Statutes, is

24  amended to read:

25         16.061  Initiative petitions.--

26         (1)  The Attorney General shall, within 30 days after

27  receipt of a proposed revision or amendment to the State

28  Constitution by initiative petition from the Secretary of

29  State, petition the Supreme Court, requesting an advisory

30  opinion regarding the compliance of the text of the proposed

31  amendment or revision with s. 3, Art. XI of the State

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    Florida Senate - 2005                    CS for CS for SB 2022
    590-2373-05




 1  Constitution and the compliance of the proposed ballot title

 2  and substance with s. 101.161. The petition may enumerate any

 3  specific factual issues that the Attorney General believes

 4  would require a judicial determination. A copy of the petition

 5  shall be provided to the Secretary of State and the principal

 6  officer of the sponsor.

 7         (2)  The Supreme Court shall render its advisory

 8  opinion pursuant to subsection (1) by April 1 of the year in

 9  which the general election is to be held. If no opinion has

10  been rendered by this date, the initiative petition shall be

11  deemed valid and approved for placement on the ballot A copy

12  of the petition shall be provided to the Secretary of State

13  and the principal officer of the sponsor.

14         (3)  Any fiscal impact statement that the court finds

15  not to be in accordance with s. 100.371 shall be remanded

16  solely to the Financial Impact Estimating Conference for

17  redrafting.

18         Section 2.  Subsections (1), (2), and (6) of section

19  100.371, Florida Statutes, are amended to read:

20         100.371  Initiatives; procedure for placement on

21  ballot.--

22         (1)  Constitutional amendments proposed by initiative

23  shall be placed on the ballot for the general election

24  provided that an initiative petition is filed with the

25  Secretary of State by February 1 of the year in which the

26  general election is to be held occurring in excess of 90 days

27  from the certification of ballot position by the Secretary of

28  State.

29         (2)  Certification of ballot position Such

30  certification shall be issued when the Secretary of State has

31  received verification certificates from the supervisors of

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    Florida Senate - 2005                    CS for CS for SB 2022
    590-2373-05




 1  elections indicating that the requisite number and

 2  distribution of valid signatures of electors have been

 3  submitted to and verified by the supervisors. Every signature

 4  shall be dated when made and shall be valid for a period of 4

 5  years following such date, provided all other requirements of

 6  law are satisfied complied with.

 7         (6)(a)  Within 45 days after receipt of a proposed

 8  revision or amendment to the State Constitution by initiative

 9  petition from the Secretary of State, or within 30 days after

10  such receipt if receipt occurs after January 1 of the year of

11  the election at which the question will appear on the ballot

12  or, within 30 days after such receipt if receipt occurs 120

13  days or less before the election at which the question of

14  ratifying the amendment will be presented, the Financial

15  Impact Estimating Conference shall complete an analysis and

16  financial impact statement to be placed on the ballot of the

17  probable financial impact of the initiative. The probable

18  financial impact of the initiative shall include any estimated

19  increase or decrease in any revenues or costs to state or

20  local governments resulting from the full implementation of

21  the proposed initiative, including those resulting from the

22  enactment, revision, or repeal of associated or implementing

23  legislation by state and local governments, and from the

24  exercise of any expanded authority or discretion that would be

25  granted to any entity by the passage and full implementation

26  of the proposed initiative. The Financial Impact Estimating

27  Conference shall submit the financial impact statement to the

28  Attorney General and Secretary of State.

29         (b)1.  The Financial Impact Estimating Conference shall

30  provide an opportunity for any proponents or opponents of the

31  initiative to submit information and may solicit information

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    Florida Senate - 2005                    CS for CS for SB 2022
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 1  or analysis from any other entities or agencies, including the

 2  Office of Economic and Demographic Research. All meetings of

 3  the Financial Impact Estimating Conference shall be open to

 4  the public as provided in chapter 286.

 5         2.  The Financial Impact Estimating Conference is

 6  established to review, analyze, and estimate the financial

 7  impact of amendments to or revisions of the State Constitution

 8  proposed by initiative. The Financial Impact Estimating

 9  Conference shall consist of four principals: one person from

10  the Executive Office of the Governor; the coordinator of the

11  Office of Economic and Demographic Research, or his or her

12  designee; one person from the professional staff of the

13  Senate; and one person from the professional staff of the

14  House of Representatives. Each principal shall have

15  appropriate fiscal expertise in the subject matter of the

16  initiative. A Financial Impact Estimating Conference may be

17  appointed for each initiative.

18         3.  Principals of the Financial Impact Estimating

19  Conference shall reach a consensus or majority concurrence on

20  a clear and unambiguous financial impact statement, no more

21  than 75 words in length, and immediately submit the statement

22  to the Secretary of State Attorney General. Nothing in this

23  subsection prohibits the Financial Impact Estimating

24  Conference from setting forth a range of potential impacts in

25  the financial impact statement. The sponsor or any elector may

26  challenge the financial impact statement in court by filing an

27  appropriate petition in the Second Judicial Circuit Court, in

28  and for Leon County, within 30 days after the submission of

29  the financial impact statement to the Secretary of State. The

30  circuit court shall hear and decide the case expeditiously in

31  light of subparagraph (d)2. Any financial impact statement

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    Florida Senate - 2005                    CS for CS for SB 2022
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 1  that a court finds not to be in accordance with this section

 2  shall be remanded solely to the Financial Impact Estimating

 3  Conference for redrafting. The Financial Impact Estimating

 4  Conference shall redraft the financial impact statement within

 5  15 days.

 6         4.  If the members of the Financial Impact Estimating

 7  Conference are unable to agree on the statement required by

 8  this subsection, or if a the Supreme court in a final order

 9  has rejected the initial submission by the Financial Impact

10  Estimating Conference and no redraft has been approved by the

11  Supreme court by April 1 of the year in which the general

12  election is to be held 5 p.m. on the 75th day before the

13  election, the following statement shall appear on the ballot

14  pursuant to s. 101.161(1): "The financial impact of this

15  measure, if any, cannot be reasonably determined at this

16  time."

17         (c)  The financial impact statement must be separately

18  contained and be set forth after the ballot summary as

19  required in s. 101.161(1).

20         (d)1.  Any financial impact statement that a the

21  Supreme court in a final order finds not to be in accordance

22  with this subsection shall be remanded solely to the Financial

23  Impact Estimating Conference for redrafting, provided the

24  court's decision advisory opinion is rendered by April 1 of

25  the year in which the general election is to be held at least

26  75 days before the election at which the question of ratifying

27  the amendment will be presented. The Financial Impact

28  Estimating Conference shall prepare and adopt a revised

29  financial impact statement no later than 5 p.m. on the 15th

30  day after the date of the court's opinion.

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    Florida Senate - 2005                    CS for CS for SB 2022
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 1         2.  If, by 5 p.m. on April 1 of the year in which the

 2  general election is to be held, no court has determined the

 3  initial financial impact statement not to be in accordance

 4  with this subsection the 75th day before the election, the

 5  Supreme Court has not issued an advisory opinion on the

 6  initial financial impact statement prepared by the Financial

 7  Impact Estimating Conference for an initiative amendment that

 8  otherwise meets the legal requirements for ballot placement,

 9  the financial impact statement shall be deemed approved for

10  placement on the ballot.

11         3.  In addition to the financial impact statement

12  required by this subsection, the Financial Impact Estimating

13  Conference shall draft an initiative financial information

14  statement. The initiative financial information statement

15  should describe in greater detail than the financial impact

16  statement any projected increase or decrease in revenues or

17  costs that the state or local governments would likely

18  experience if the ballot measure were approved. If

19  appropriate, the initiative financial information statement

20  may include both estimated dollar amounts and a description

21  placing the estimated dollar amounts into context. The

22  initiative financial information statement must include both a

23  summary of not more than 500 words and additional detailed

24  information that includes the assumptions that were made to

25  develop the financial impacts, workpapers, and any other

26  information deemed relevant by the Financial Impact Estimating

27  Conference.

28         4.  The Department of State shall have printed, and

29  shall furnish to each supervisor of elections, a copy of the

30  summary from the initiative financial information statements.

31  The supervisors shall have the summary from the initiative

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    Florida Senate - 2005                    CS for CS for SB 2022
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 1  financial information statements available at each polling

 2  place and at the main office of the supervisor of elections

 3  upon request.

 4         5.  The Secretary of State and the Office of Economic

 5  and Demographic Research shall make available on the Internet

 6  each initiative financial information statement in its

 7  entirety. In addition, each supervisor of elections whose

 8  office has a website shall post the summary from each

 9  initiative financial information statement on the website.

10  Each supervisor shall include the Internet addresses for the

11  information statements on the Secretary of State's and the

12  Office of Economic and Demographic Research's websites in the

13  publication or mailing required by s. 101.20.

14         Section 3.  This act shall take effect upon becoming a

15  law.

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    Florida Senate - 2005                    CS for CS for SB 2022
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                       CS/Senate Bill 2022

 3                                 

 4  The committee substitute makes the following principal changes
    to the underlying committee substitute:
 5  
    --   Provides a deadline of April 1 of the year of the general
 6       election for the Supreme Court to issue an advisory
         opinion on whether a petition initiative meets the
 7       requirements of the constitution;

 8  --   Removes references to the Supreme Court remanding a
         financial impact statement for redrafting;
 9  
    --   Revises language relating to the timeframe for the
10       Financial Impact Estimating Conference to issue a
         statement of financial impact;
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    --   Provides clarifying language relating to elements that
12       the financial impact statement must contain;

13  --   Replaces the Attorney General with the Secretary of State
         as the official who must receive the financial impact
14       statement;

15  --   Provides for a sponsor or elector to challenge a
         financial impact statement in circuit court; and
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    --   Requires that any redrafted financial impact statement
17       must be approved by April 1 of the year of the general
         election or a standard statement, stating that a
18       financial impact has not been determined at this time,
         will appear on the ballot.
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