Florida Senate - 2013 SB 668
By Senator Bullard
39-01032-13 2013668__
1 A bill to be entitled
2 An act relating to constitutional amendments; amending
3 s. 101.161, F.S.; providing that word count
4 limitations on ballot summaries and ballot titles
5 apply to constitutional amendments or revisions
6 proposed by joint resolution; deleting a provision
7 that permits placing the full text of an amendment or
8 revision to the State Constitution on the ballot;
9 deleting the authority of the Attorney General to
10 prepare a revised ballot title or ballot summary when
11 all ballot statements embodied in a joint resolution
12 are defective and no further appeals will be made
13 concerning the ballot statement; deleting the
14 authority of the Department of State to furnish
15 certain administrative duties related to the revised
16 ballot title or summary; deleting judicial authority
17 to retain jurisdiction over a revised ballot title or
18 ballot summary prepared by the Attorney General;
19 deleting the authorization to place the full text of
20 an amendment or revision on a ballot; deleting certain
21 legal presumptions pertaining to the provision of the
22 full text of an amendment or revision on a ballot;
23 providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsections (1) and (3) of section 101.161,
28 Florida Statutes, are amended to read:
29 101.161 Referenda; ballots.—
30 (1) Whenever a constitutional amendment or other public
31 measure is submitted to the vote of the people, a ballot summary
32 of such amendment or other public measure shall be printed in
33 clear and unambiguous language on the ballot after the list of
34 candidates, followed by the word “yes” and also by the word
35 “no,” and shall be styled in such a manner that a “yes” vote
36 will indicate approval of the proposal and a “no” vote will
37 indicate rejection. The ballot summary of the amendment or other
38 public measure and the ballot title to appear on the ballot
39 shall be embodied in the constitutional revision commission
40 proposal, constitutional convention proposal, taxation and
41 budget reform commission proposal, or enabling resolution or
42 ordinance. The ballot summary of the amendment or other public
43 measure shall be an explanatory statement, not exceeding 75
44 words in length, of the chief purpose of the measure. In
45 addition, for every amendment proposed by initiative, the ballot
46 shall include, following the ballot summary, a separate
47 financial impact statement concerning the measure prepared by
48 the Financial Impact Estimating Conference in accordance with s.
49 100.371(5). The ballot title shall consist of a caption, not
50 exceeding 15 words in length, by which the measure is commonly
51 referred to or spoken of. This subsection does not apply to
52 constitutional amendments or revisions proposed by joint
53 resolution.
54 (3)(a) Each joint resolution that proposes a constitutional
55 amendment or revision shall include one or more ballot
56 statements set forth in order of priority. Each ballot statement
57 shall consist of a ballot title, by which the measure is
58 commonly referred to or spoken of, not exceeding 15 words in
59 length, and either a ballot summary that describes the chief
60 purpose of the amendment or revision in clear and unambiguous
61 language, or the full text of the amendment or revision. The
62 Department of State shall furnish a designating number pursuant
63 to subsection (2) and the appropriate ballot statement to the
64 supervisor of elections of each county. The ballot statement
65 shall be printed on the ballot after the list of candidates,
66 followed by the word “yes” and also by the word “no,” and shall
67 be styled in such a manner that a “yes” vote will indicate
68 approval of the amendment or revision and a “no” vote will
69 indicate rejection.
70 (b)1. Any action for a judicial determination that one or
71 more ballot statements embodied in a joint resolution are
72 defective must be commenced by filing a complaint or petition
73 with the appropriate court within 30 days after the joint
74 resolution is filed with the Secretary of State. The complaint
75 or petition shall assert all grounds for challenge to each
76 ballot statement. Any ground not asserted within 30 days after
77 the joint resolution is filed with the Secretary of State is
78 waived.
79 2. The court, including any appellate court, shall accord
80 an action described in subparagraph 1. priority over other
81 pending cases and render a decision as expeditiously as
82 possible. If the court finds that all ballot statements embodied
83 in a joint resolution are defective and further appeals are
84 declined, abandoned, or exhausted, unless otherwise provided in
85 the joint resolution, the Attorney General shall, within 10
86 days, prepare and submit to the Department of State a revised
87 ballot title or ballot summary that corrects the deficiencies
88 identified by the court, and the Department of State shall
89 furnish a designating number and the revised ballot title or
90 ballot summary to the supervisor of elections of each county for
91 placement on the ballot. The court shall retain jurisdiction
92 over challenges to a revised ballot title or ballot summary
93 prepared by the Attorney General, and any challenge to a revised
94 ballot title or ballot summary must be filed within 10 days
95 after a revised ballot title or ballot summary is submitted to
96 the Department of State.
97 3. A ballot statement that consists of the full text of an
98 amendment or revision shall be presumed to be a clear and
99 unambiguous statement of the substance and effect of the
100 amendment or revision, providing fair notice to the electors of
101 the content of the amendment or revision and sufficiently
102 advising electors of the issue upon which they are to vote.
103 Section 2. This act shall take effect July 1, 2013.