Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1716
Barcode 701400
CHAMBER ACTION
Senate House
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11 The Committee on Ways and Means (Atwater) recommended the
12 following amendment:
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14 Senate Amendment
15 On page 8, line 3, through
16 page 11, line 25, delete those lines
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18 and insert:
19 Section 4. Subsection (5) of section 100.371, Florida
20 Statutes, as amended by section 28 of chapter 2005-278, Laws
21 of Florida, is amended to read:
22 100.371 Initiatives; procedure for placement on
23 ballot.--
24 (5)(a) Within 45 days after receipt of a proposed
25 revision or amendment to the State Constitution by initiative
26 petition from the Secretary of State, the Financial Impact
27 Estimating Conference shall complete an analysis and financial
28 impact statement to be placed on the ballot of the estimated
29 increase or decrease in any revenues or costs to state or
30 local governments resulting from the proposed initiative. The
31 Financial Impact Estimating Conference shall submit the
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1716
Barcode 701400
1 financial impact statement to the Attorney General and
2 Secretary of State.
3 (b)1. The Financial Impact Estimating Conference shall
4 provide an opportunity for any proponents or opponents of the
5 initiative to submit information and may solicit information
6 or analysis from any other entities or agencies, including the
7 Office of Economic and Demographic Research.
8 (c) All meetings of the Financial Impact Estimating
9 Conference shall be open to the public as provided in chapter
10 286. The President of the Senate and the Speaker of the House
11 of Representatives, jointly, shall be the sole judge for the
12 interpretation, implementation, and enforcement of this
13 subsection.
14 1.2. The Financial Impact Estimating Conference is
15 established to review, analyze, and estimate the financial
16 impact of amendments to or revisions of the State Constitution
17 proposed by initiative. The Financial Impact Estimating
18 Conference shall consist of four principals: one person from
19 the Executive Office of the Governor; the coordinator of the
20 Office of Economic and Demographic Research, or his or her
21 designee; one person from the professional staff of the
22 Senate; and one person from the professional staff of the
23 House of Representatives. Each principal shall have
24 appropriate fiscal expertise in the subject matter of the
25 initiative. A Financial Impact Estimating Conference may be
26 appointed for each initiative.
27 2.3. Principals of the Financial Impact Estimating
28 Conference shall reach a consensus or majority concurrence on
29 a clear and unambiguous financial impact statement, no more
30 than 75 words in length, and immediately submit the statement
31 to the Attorney General. Nothing in this subsection prohibits
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1716
Barcode 701400
1 the Financial Impact Estimating Conference from setting forth
2 a range of potential impacts in the financial impact
3 statement. Any financial impact statement that a court finds
4 not to be in accordance with this section shall be remanded
5 solely to the Financial Impact Estimating Conference for
6 redrafting. The Financial Impact Estimating Conference shall
7 redraft the financial impact statement within 15 days.
8 3.4. If the members of the Financial Impact Estimating
9 Conference are unable to agree on the statement required by
10 this subsection, or if the Supreme Court has rejected the
11 initial submission by the Financial Impact Estimating
12 Conference and no redraft has been approved by the Supreme
13 Court by 5 p.m. on the 75th day before the election, the
14 following statement shall appear on the ballot pursuant to s.
15 101.161(1): "The financial impact of this measure, if any,
16 cannot be reasonably determined at this time."
17 (d)(c) The financial impact statement must be
18 separately contained and be set forth after the ballot summary
19 as required in s. 101.161(1).
20 (e)(d)1. Any financial impact statement that the
21 Supreme Court finds not to be in accordance with this
22 subsection shall be remanded solely to the Financial Impact
23 Estimating Conference for redrafting, provided the court's
24 advisory opinion is rendered at least 75 days before the
25 election at which the question of ratifying the amendment will
26 be presented. The Financial Impact Estimating Conference shall
27 prepare and adopt a revised financial impact statement no
28 later than 5 p.m. on the 15th day after the date of the
29 court's opinion.
30 2. If, by 5 p.m. on the 75th day before the election,
31 the Supreme Court has not issued an advisory opinion on the
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1716
Barcode 701400
1 initial financial impact statement prepared by the Financial
2 Impact Estimating Conference for an initiative amendment that
3 otherwise meets the legal requirements for ballot placement,
4 the financial impact statement shall be deemed approved for
5 placement on the ballot.
6 3. In addition to the financial impact statement
7 required by this subsection, the Financial Impact Estimating
8 Conference shall draft an initiative financial information
9 statement. The initiative financial information statement
10 should describe in greater detail than the financial impact
11 statement any projected increase or decrease in revenues or
12 costs that the state or local governments would likely
13 experience if the ballot measure were approved. If
14 appropriate, the initiative financial information statement
15 may include both estimated dollar amounts and a description
16 placing the estimated dollar amounts into context. The
17 initiative financial information statement must include both a
18 summary of not more than 500 words and additional detailed
19 information that includes the assumptions that were made to
20 develop the financial impacts, workpapers, and any other
21 information deemed relevant by the Financial Impact Estimating
22 Conference.
23 4. The Department of State shall have printed, and
24 shall furnish to each supervisor of elections, a copy of the
25 summary from the initiative financial information statements.
26 The supervisors shall have the summary from the initiative
27 financial information statements available at each polling
28 place and at the main office of the supervisor of elections
29 upon request.
30 5. The Secretary of State and the Office of Economic
31 and Demographic Research shall make available on the Internet
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1716
Barcode 701400
1 each initiative financial information statement in its
2 entirety. In addition, each supervisor of elections whose
3 office has a website shall post the summary from each
4 initiative financial information statement on the website.
5 Each supervisor shall include the Internet addresses for the
6 information statements on the Secretary of State's and the
7 Office of Economic and Demographic Research's websites in the
8 publication or mailing required by s. 101.20.
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