CS/HB 1261

1
A bill to be entitled
2An act relating to election ballots; amending s. 101.161,
3F.S.; revising terminology; transferring to a new
4subsection requirements applicable to joint resolutions;
5providing that a joint resolution may include a ballot
6summary and alternate ballot summaries; providing that a
7joint resolution must specify placement on the ballot of a
8ballot summary or the full text of an amendment or
9revision; creating a presumption that the full text of an
10amendment or revision must be considered a clear and
11unambiguous statement of the substance and effect of an
12amendment or revision proposed by joint resolution and
13sufficient notice to the electors under certain
14circumstances; requiring legal challenges to ballot
15language specified by joint resolution to be filed within
16certain time periods; requiring placement on the ballot of
17the full text of an amendment or revision proposed by
18joint resolution if the courts find the ballot summary
19defective; requiring the courts to accord actions
20challenging ballot language specified by a joint
21resolution priority over other pending cases and issue
22orders as expeditiously as possible; providing retroactive
23applicability to joint resolutions passed during the 2011
24regular session; providing an effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Subsections (1) and (2) of section 101.161,
29Florida Statutes, are amended, and subsection (4) is added to
30that section, to read:
31     101.161  Referenda; ballots.-
32     (1)  Whenever a constitutional amendment or other public
33measure is submitted to the vote of the people, a ballot summary
34the substance of such amendment or other public measure shall be
35printed in clear and unambiguous language on the ballot after
36the list of candidates, followed by the word "yes" and also by
37the word "no," and shall be styled in such a manner that a "yes"
38vote will indicate approval of the proposal and a "no" vote will
39indicate rejection. The ballot summary wording of the substance
40of the amendment or other public measure and the ballot title to
41appear on the ballot shall be embodied in the joint resolution,
42constitutional revision commission proposal, constitutional
43convention proposal, taxation and budget reform commission
44proposal, or enabling resolution or ordinance. Except for
45amendments and ballot language proposed by joint resolution, The
46ballot summary substance of the amendment or other public
47measure shall be an explanatory statement, not exceeding 75
48words in length, of the chief purpose of the measure. In
49addition, for every amendment proposed by initiative, the ballot
50shall include, following the ballot summary, a separate
51financial impact statement concerning the measure prepared by
52the Financial Impact Estimating Conference in accordance with s.
53100.371(5). The ballot title shall consist of a caption, not
54exceeding 15 words in length, by which the measure is commonly
55referred to or spoken of. This subsection does not apply to
56constitutional amendments or revisions proposed by joint
57resolution.
58     (2)  The ballot summary substance and ballot title of a
59constitutional amendment proposed by initiative shall be
60prepared by the sponsor and approved by the Secretary of State
61in accordance with rules adopted pursuant to s. 120.54. The
62Department of State shall give each proposed constitutional
63amendment a designating number for convenient reference. This
64number designation shall appear on the ballot. Designating
65numbers shall be assigned in the order of filing or
66certification and in accordance with rules adopted by the
67Department of State. The Department of State shall furnish the
68designating number, the ballot title, and the ballot summary
69substance of each amendment, unless otherwise specified in a
70joint resolution, to the supervisor of elections of each county
71in which such amendment is to be voted on.
72     (4)(a)  Whenever a constitutional amendment or revision is
73proposed by joint resolution, the joint resolution shall include
74a ballot title consisting of a caption, not exceeding 15 words
75in length, by which the measure is commonly referred to or
76spoken of. The joint resolution may include a ballot summary and
77alternate ballot summaries that describe the chief purpose of
78the amendment or revision in clear and unambiguous language. The
79joint resolution shall specify placement on the ballot of a
80ballot title and either a ballot summary embodied in the joint
81resolution or the full text of the proposed amendment or
82revision. As specified by the joint resolution, the ballot title
83and ballot summary, or the ballot title and the full text of the
84proposed amendment or revision, shall be printed on the ballot,
85with a designating number assigned by the Secretary of State
86pursuant to subsection (2), after the list of candidates,
87followed by the word "yes" and also by the word "no," and shall
88be styled in such a manner that a "yes" vote will indicate
89approval of the proposal and a "no" vote will indicate
90rejection. The Department of State shall furnish the designating
91number and, as specified by the joint resolution proposing an
92amendment or revision, the ballot title and a ballot summary or
93the full text of the amendment or revision to the supervisor of
94elections of each county in which the amendment or revision is
95to be voted on.
96     (b)  If a joint resolution specifies placement on the
97ballot of the full text of a proposed amendment or revision, and
98the full text of the proposed amendment or revision delineates
99existing text in the State Constitution that will be removed or
100replaced if approved by the electors, the full text shall be
101considered a clear and unambiguous statement of the substance
102and effect of the amendment or revision, providing fair notice
103to the electors of the content of the proposed amendment or
104revision and sufficiently advising electors of the issue upon
105which they are voting. Any judicial action challenging placement
106on the ballot of the full text of a proposed amendment or
107revision must be commenced within 30 days after the joint
108resolution is filed with the Secretary of State.
109     (c)  Any action for a judicial determination that the
110ballot title, ballot summary, or alternate ballot summaries
111embodied in a joint resolution are inaccurate, misleading, or
112otherwise defective must be commenced within 30 days after the
113joint resolution is filed with the Secretary of State. If the
114court determines that each ballot summary embodied in a joint
115resolution is defective, the full text of the proposed amendment
116or revision shall appear on the ballot in lieu of a ballot
117summary. If the full text of the proposed amendment or revision
118delineates existing text in the State Constitution that will be
119removed or replaced if approved by the electors, the full text
120shall be considered a clear and unambiguous statement of the
121substance and effect of the amendment or revision, providing
122fair notice to the electors of the content of the proposal and
123sufficiently advising electors of the issue upon which they are
124voting. Any subsequent judicial action challenging placement on
125the ballot of the full text of a proposed amendment or revision
126must be commenced within 15 days after issuance of the final
127order in the matter.
128     (d)     Legal actions challenging ballot language specified by
129a joint resolution proposing an amendment or revision to the
130State Constitution shall be accorded priority over other pending
131cases by the courts, including any appellate court, and the
132courts shall render decisions in such actions as expeditiously
133as possible.
134     Section 2.  This act applies retroactively to all joint
135resolutions adopted by the Legislature during the 2011 Regular
136Session, except that any legal action challenging a ballot title
137or ballot summary embodied in such joint resolution or
138challenging placement on the ballot of the full text of the
139proposed amendment or revision to the State Constitution as
140specified in such joint resolution must be commenced within 30
141days after the effective date of this act or within 30 days
142after the joint resolution to which a challenge relates is filed
143with the Secretary of State, whichever occurs later.
144     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.