Senate Bill sb0478

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    Florida Senate - 2007                                   SB 478

    By Senator Hill





    1-391-07

  1                      A bill to be entitled

  2         An act relating to financial impact statements

  3         for constitutional amendments; amending ss.

  4         100.371 and 101.161, F.S.; requiring that, for

  5         every amendment to or revision of the State

  6         Constitution, not merely for amendments

  7         proposed by initiative, a separate financial

  8         impact statement concerning the measure and

  9         prepared by the Financial Impact Estimating

10         Conference must appear on the ballot; providing

11         deadlines for preparing and, if necessary,

12         revising such a financial impact statement;

13         providing a contingent effective date.

14  

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

16  

17         Section 1.  Subsection (5) of section 100.371, Florida

18  Statutes, as amended by section 11 of chapter 2006-119, Laws

19  of Florida, is amended to read:

20         100.371  Initiatives; procedure for placement on

21  ballot.--

22         (5)(a)  Within 45 days after receipt of a proposed

23  revision or amendment to the State Constitution by initiative

24  petition from the Secretary of State, 45 days after passage of

25  a proposed constitutional amendment by both houses of the

26  Legislature, or 45 days after adoption of the final draft of a

27  revision proposed by a constitutional revision commission or

28  constitutional convention, the Financial Impact Estimating

29  Conference shall complete an analysis and financial impact

30  statement to be placed on the ballot of the estimated increase

31  or decrease in any revenues or costs to state or local

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    Florida Senate - 2007                                   SB 478
    1-391-07




 1  governments resulting from the proposed amendment or revision

 2  initiative. The Financial Impact Estimating Conference shall

 3  submit the financial impact statement to the Attorney General

 4  and Secretary of State.

 5         (b)  The Financial Impact Estimating Conference shall

 6  provide an opportunity for any proponents or opponents of the

 7  amendment or revision initiative to submit information and may

 8  solicit information or analysis from any other entities or

 9  agencies, including the Office of Economic and Demographic

10  Research.

11         (c)  All meetings of the Financial Impact Estimating

12  Conference shall be open to the public. The President of the

13  Senate and the Speaker of the House of Representatives,

14  jointly, shall be the sole judge for the interpretation,

15  implementation, and enforcement of this subsection.

16         1.  The Financial Impact Estimating Conference is

17  established to review, analyze, and estimate the financial

18  impact of amendments to or revisions of the State Constitution

19  proposed by initiative. The Financial Impact Estimating

20  Conference shall consist of four principals: one person from

21  the Executive Office of the Governor; the coordinator of the

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

23  designee; one person from the professional staff of the

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

25  House of Representatives. Each principal shall have

26  appropriate fiscal expertise in the subject matter of the

27  amendment or revision initiative. A Financial Impact

28  Estimating Conference may be appointed for each amendment or

29  revision initiative.

30         2.  Principals of the Financial Impact Estimating

31  Conference shall reach a consensus or majority concurrence on

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    Florida Senate - 2007                                   SB 478
    1-391-07




 1  a clear and unambiguous financial impact statement, no more

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

 3  to the Attorney General. Nothing in This subsection does not

 4  prohibit prohibits the Financial Impact Estimating Conference

 5  from setting forth a range of potential impacts in the

 6  financial impact statement. Any financial impact statement

 7  that a court finds not to be in accordance with this section

 8  shall be remanded solely to the Financial Impact Estimating

 9  Conference for redrafting. The Financial Impact Estimating

10  Conference shall redraft the financial impact statement within

11  15 days.

12         3.  If the members of the Financial Impact Estimating

13  Conference are unable to agree on the statement required by

14  this subsection, or if the Supreme Court has rejected the

15  initial submission by the Financial Impact Estimating

16  Conference and a no redraft has not been approved by the

17  Supreme Court by 5 p.m. on the 75th day before the election,

18  the following statement shall appear on the ballot pursuant to

19  s. 101.161(1): "The financial impact of this measure, if any,

20  cannot be reasonably determined at this time."

21         (d)  The financial impact statement must be separately

22  contained and be set forth after the ballot summary as

23  required in s. 101.161(1).

24         (e)1.  Any financial impact statement that the Supreme

25  Court finds not to be in accordance with this subsection shall

26  be remanded solely to the Financial Impact Estimating

27  Conference for redrafting, provided the court's advisory

28  opinion is rendered at least 75 days before the election at

29  which the question of ratifying the amendment will be

30  presented. The Financial Impact Estimating Conference shall

31  prepare and adopt a revised financial impact statement no

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    Florida Senate - 2007                                   SB 478
    1-391-07




 1  later than 5 p.m. on the 15th day after the date of the

 2  court's opinion.

 3         2.  If, by 5 p.m. on the 75th day before the election,

 4  the Supreme Court has not issued an advisory opinion on the

 5  initial financial impact statement prepared by the Financial

 6  Impact Estimating Conference for an initiative amendment that

 7  otherwise meets the legal requirements for ballot placement,

 8  the financial impact statement shall be deemed approved for

 9  placement on the ballot.

10         3.  In addition to the financial impact statement

11  required by this subsection, the Financial Impact Estimating

12  Conference shall draft a an initiative financial information

13  statement. The initiative financial information statement

14  should describe in greater detail than the financial impact

15  statement any projected increase or decrease in revenues or

16  costs that the state or local governments would likely

17  experience if the ballot measure were approved. If

18  appropriate, the initiative financial information statement

19  may include both estimated dollar amounts and a description

20  placing the estimated dollar amounts into context. The

21  initiative financial information statement must include both a

22  summary of not more than 500 words and additional detailed

23  information that includes the assumptions that were made to

24  develop the financial impacts, workpapers, and any other

25  information deemed relevant by the Financial Impact Estimating

26  Conference.

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

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

29  summary from the initiative financial information statements.

30  The supervisors shall have the summary from the initiative

31  financial information statements available at each polling

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    Florida Senate - 2007                                   SB 478
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 1  place and at the main office of the supervisor of elections

 2  upon request.

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

 4  and Demographic Research shall make available on the Internet

 5  each initiative financial information statement in its

 6  entirety. In addition, each supervisor of elections whose

 7  office has a website shall post the summary from each

 8  initiative financial information statement on the website.

 9  Each supervisor shall include the Internet addresses for the

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

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

12  publication or mailing required by s. 101.20.

13         Section 2.  Subsection (1) of section 101.161, Florida

14  Statutes, is amended to read:

15         101.161  Referenda; ballots.--

16         (1)  Whenever a constitutional amendment or other

17  public measure is submitted to the vote of the people, the

18  substance of such amendment or other public measure shall be

19  printed in clear and unambiguous language on the ballot after

20  the list of candidates, followed by the word "yes" and also by

21  the word "no," and shall be styled in such a manner that a

22  "yes" vote will indicate approval of the proposal and a "no"

23  vote will indicate rejection. The wording of the substance of

24  the amendment or other public measure and the ballot title to

25  appear on the ballot shall be embodied in the joint

26  resolution, constitutional revision commission proposal,

27  constitutional convention proposal, taxation and budget reform

28  commission proposal, or enabling resolution or ordinance.

29  Except for amendments and ballot language proposed by joint

30  resolution, the substance of the amendment or other public

31  measure shall be an explanatory statement, not exceeding 75

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    Florida Senate - 2007                                   SB 478
    1-391-07




 1  words in length, of the chief purpose of the measure. In

 2  addition, for every amendment proposed by initiative, the

 3  ballot shall include, following the ballot summary, a separate

 4  financial impact statement concerning the measure prepared by

 5  the Financial Impact Estimating Conference in accordance with

 6  s. 100.371(5). The ballot title shall consist of a caption,

 7  not exceeding 15 words in length, by which the measure is

 8  commonly referred to or spoken of.

 9         Section 3.  This act shall take effect upon the

10  effective date of a joint resolution amending Section 5 of

11  Article XI of the State Constitution which requires that a

12  statement of the probable financial impact of any proposed

13  constitutional amendment or revision be provided to the

14  public.

15  

16            *****************************************

17                          SENATE SUMMARY

18    Requires that, for every amendment to or revision of the
      State Constitution, not merely for amendments proposed by
19    initiative, a separate financial impact statement
      concerning the measure and prepared by the Financial
20    Impact Estimating Conference must appear on the ballot.
      Provides deadlines for preparing and, if necessary,
21    revising such a financial impact statement.

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