SENATE AMENDMENT
    Bill No. HB 65-E
    Amendment No. ___   Barcode 225618
                            CHAMBER ACTION
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11  The Committee on E&E recommended the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
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16  and insert:  
17         Section 1.  Section 15.21, Florida Statutes, is amended
18  to read:
19         15.21  Initiative petitions; s. 3, Art. XI, State
20  Constitution.--The Secretary of State shall immediately submit
21  an initiative petition to the Attorney General and to the
22  Revenue Estimating Conference if the sponsor has:
23         (1)  Registered as a political committee pursuant to s.
24  106.03;
25         (2)  Submitted the ballot title, substance, and text of
26  the proposed revision or amendment to the Secretary of State
27  pursuant to ss. 100.371 and 101.161; and
28         (3)  Obtained a letter from the Division of Elections
29  confirming that the sponsor has submitted to the appropriate
30  supervisors for verification, and the supervisors have
31  verified, forms signed and dated equal to 10 percent of the
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    10:34 AM   05/08/02                              h0065Ec-24X01

SENATE AMENDMENT Bill No. HB 65-E Amendment No. ___ Barcode 225618 1 number of electors statewide and in at least one-fourth of the 2 congressional districts required by s. 3, Art. XI of the State 3 Constitution. 4 Section 2. Effective July 1, 2003, section 16.061, 5 Florida Statutes, is amended to read: 6 16.061 Initiative petitions.-- 7 (1) The Attorney General shall, within 30 days after 8 receipt of a proposed revision or amendment to the State 9 Constitution by initiative petition from the Secretary of 10 State, petition the Supreme Court, requesting an advisory 11 opinion regarding the compliance of the text of the proposed 12 amendment or revision with s. 3, Art. XI of the State 13 Constitution and the compliance of the proposed ballot title 14 and substance with s. 101.161 and the compliance of the 15 fiscal-impact statement with ss. 100.371, 100.381, and 16 101.161. The petition may enumerate any specific factual 17 issues which the Attorney General believes would require a 18 judicial determination. 19 (2) A copy of the petition shall be provided to the 20 Secretary of State and the principal officer of the sponsor. 21 (3) Any fiscal-impact statement that the court finds 22 not to be in accordance with s. 100.371, s. 100.381, or s. 23 101.161 shall be remanded solely to the Revenue Estimating 24 Conference for redrafting. 25 Section 3. Present subsection (6) of section 100.371, 26 Florida Statutes, is redesignated as subsection (7) and 27 amended, and a new subsection (6) is added to that section, to 28 read: 29 100.371 Initiatives; procedure for placement on 30 ballot.-- 31 (6)(a) Within 45 days after receipt of a proposed 2 10:34 AM 05/08/02 h0065Ec-24X01
SENATE AMENDMENT Bill No. HB 65-E Amendment No. ___ Barcode 225618 1 revision or amendment to the State Constitution by initiative 2 petition from the Secretary of State or, for any initiative 3 approved by the Florida Supreme Court for the general election 4 ballot for 2002, within 45 days after the effective date of 5 this subsection, whichever occurs later, the Revenue 6 Estimating Conference shall complete an analysis and summary 7 analysis of the estimated increase or decrease in any revenues 8 or costs to state or local governments resulting from the 9 proposed initiative. The Revenue Estimating Conference shall 10 provide an opportunity for any proponents or opponents of the 11 initiative to submit information and may solicit information 12 or analysis from any other entities or agencies, including the 13 Office of Economic and Demographic Research. 14 (b)1. Members of the Revenue Estimating Conference 15 shall reach a consensus or majority concurrence on a clear, 16 unambiguous, accurate, and impartial fiscal-impact statement, 17 no more than 50 words in length, containing such language that 18 the statement shall be neither an argument, nor be likely to 19 create prejudice, for or against the proposed measure. Nothing 20 in this subsection prohibits the Revenue Estimating Conference 21 from setting forth a range of potential impacts in the 22 fiscal-impact statement. 23 2. If the members of the Revenue Estimating Conference 24 are unable to agree on the statement required by this 25 subsection, the following statement shall appear on the ballot 26 pursuant to 101.161(1): "The fiscal impact of this measure, if 27 any, cannot be reasonably determined at this time." 28 (c) The fiscal-impact statement must be separately 29 contained and be set forth after the ballot summary as 30 required in s. 101.161(1). 31 (7)(6) The Department of State may adopt shall have 3 10:34 AM 05/08/02 h0065Ec-24X01
SENATE AMENDMENT Bill No. HB 65-E Amendment No. ___ Barcode 225618 1 the authority to promulgate rules in accordance with s. 120.54 2 to carry out the provisions of subsections (1)-(5) of this 3 section. 4 Section 4. Section 100.381, Florida Statutes, is 5 created to read: 6 100.381 Constitutional amendments or revisions other 7 than initiatives; fiscal-impact statement.--For any amendment 8 or revision proposed pursuant to Art. XI of the State 9 Constitution other than an initiative, the Revenue Estimating 10 Conference shall prepare a fiscal-impact statement as provided 11 in s. 100.371(6) no later than 60 days before the election on 12 the proposed amendment or revision. The fiscal-impact 13 statement must be separately contained and be set forth after 14 the ballot summary as required in s. 101.161(1). 15 Section 5. Subsection (1) of section 101.161, Florida 16 Statutes, is amended to read: 17 101.161 Referenda; ballots.-- 18 (1) Whenever a constitutional amendment or other 19 public measure is submitted to the vote of the people, the 20 substance of such amendment or other public measure shall be 21 printed in clear and unambiguous language on the ballot after 22 the list of candidates, followed by the word "yes" and also by 23 the word "no," and shall be styled in such a manner that a 24 "yes" vote will indicate approval of the proposal and a "no" 25 vote will indicate rejection. The wording of the substance of 26 the amendment or other public measure and the ballot title to 27 appear on the ballot shall be embodied in the joint 28 resolution, constitutional revision commission proposal, 29 constitutional convention proposal, taxation and budget reform 30 commission proposal, or enabling resolution or ordinance. 31 Except for amendments and ballot language proposed by joint 4 10:34 AM 05/08/02 h0065Ec-24X01
SENATE AMENDMENT Bill No. HB 65-E Amendment No. ___ Barcode 225618 1 resolution, the substance of the amendment or other public 2 measure shall be an explanatory statement, not exceeding 75 3 words in length, of the chief purpose of the measure. In 4 addition, the ballot shall include a separate fiscal-impact 5 statement concerning the measure prepared by the Revenue 6 Estimating Conference in accordance with s. 100.371(6) or s. 7 100.381. The ballot title shall consist of a caption, not 8 exceeding 15 words in length, by which the measure is commonly 9 referred to or spoken of. 10 Section 6. Paragraph (a) of subsection (3) of section 11 216.136, Florida Statutes, is amended to read: 12 216.136 Consensus estimating conferences; duties and 13 principals.-- 14 (3) REVENUE ESTIMATING CONFERENCE.-- 15 (a) Duties.--The Revenue Estimating Conference shall 16 develop such official information with respect to anticipated 17 state and local government revenues as the conference 18 determines is needed for the state planning and budgeting 19 system. Any principal may request the conference to review 20 and estimate revenues for any trust fund. Also, the conference 21 shall prepare fiscal-impact statements for constitutional 22 amendments pursuant to s. 100.371(6). 23 Section 7. If any law that is amended by this act was 24 also amended by a law enacted at the 2002 Regular Session of 25 the Legislature, such laws shall be construed as if they had 26 been enacted at the same session of the Legislature, and full 27 effect should be given to each if that is possible. 28 Section 8. This act does not apply to any 29 constitutional amendment proposed by initiative which has been 30 certified for ballot position by the Secretary of State or to 31 any joint resolution filed with the Secretary of State prior 5 10:34 AM 05/08/02 h0065Ec-24X01
SENATE AMENDMENT Bill No. HB 65-E Amendment No. ___ Barcode 225618 1 to the effective date of this act. 2 Section 9. Except as otherwise expressly provided in 3 this act, this act shall take effect upon becoming a law. 4 5 6 ================ T I T L E A M E N D M E N T =============== 7 And the title is amended as follows: 8 Delete everything before the enacting clause 9 10 and insert: 11 A bill to be entitled 12 An act relating to constitutional amendments; 13 amending s. 15.21, F.S.; requiring the 14 Secretary of State to submit certain initiative 15 petitions to the Revenue Estimating Conference; 16 amending s. 16.061, F.S.; requiring that the 17 Attorney General petition the Supreme Court to 18 review the estimated-fiscal-impact summary; 19 requiring the court to remand defective 20 fiscal-impact statements to the Revenue 21 Estimating Conference; amending ss. 100.371, 22 101.161, F.S., and creating s. 100.381, F.S.; 23 requiring that the Revenue Estimating 24 Conference provide an analysis of the fiscal 25 impact resulting to state or local governments 26 from any constitutional amendment; authorizing 27 the Revenue Estimating Conference to solicit 28 information regarding a proposed amendment; 29 providing procedures for drafting and voting on 30 a fiscal-impact statement by the Revenue 31 Estimating Conference; requiring that a 6 10:34 AM 05/08/02 h0065Ec-24X01
SENATE AMENDMENT Bill No. HB 65-E Amendment No. ___ Barcode 225618 1 fiscal-impact statement be included on the 2 ballot after the ballot summary of the 3 amendment; amending s. 216.136, F.S.; 4 prescribing additional duties of the Revenue 5 Estimating Conference, to conform; providing 6 for construction of the act in pari materia 7 with laws enacted during the Regular Session of 8 the Legislature; providing exemptions from the 9 fiscal-impact-statement requirement for certain 10 proposed amendments; providing effective dates. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 10:34 AM 05/08/02 h0065Ec-24X01