SENATE AMENDMENT
Bill No. HB 65-E
Amendment No. ___ Barcode 823670
CHAMBER ACTION
Senate House
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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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SENATE AMENDMENT
Bill No. HB 65-E
Amendment No. ___ Barcode 823670
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 Proposed constitutional revisions or amendments
7 Initiative petitions.--
8 (1) The Attorney General shall, within 30 days after
9 receipt of a proposed revision or amendment to the State
10 Constitution by initiative petition from the Secretary of
11 State, petition the Supreme Court, requesting an advisory
12 opinion regarding the compliance of the text of the proposed
13 amendment or revision with s. 3, Art. XI of the State
14 Constitution and the compliance of the proposed ballot title
15 and substance with s. 101.161 and the compliance of the
16 fiscal-impact statement with ss. 100.371 and 101.161. For all
17 other proposed revisions or amendments to the State
18 Constitution, the Attorney General shall, upon the Revenue
19 Estimating Conference finalizing the fiscal-impact statement,
20 petition the Supreme Court requesting an advisory opinion
21 regarding compliance of the text of the fiscal-impact
22 statement with ss. 100.371, 100.381, and 101.161. The petition
23 may enumerate any specific factual issues which the Attorney
24 General believes would require a judicial determination.
25 (2) A copy of the petition shall be provided to the
26 Secretary of State and the principal officer of the sponsor.
27 (3) Any fiscal-impact statement that the court finds
28 not to be in accordance with s. 100.371, s. 100.381, or s.
29 101.161 shall be remanded solely to the Revenue Estimating
30 Conference for redrafting.
31 Section 3. Present subsection (6) of section 100.371,
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SENATE AMENDMENT
Bill No. HB 65-E
Amendment No. ___ Barcode 823670
1 Florida Statutes, is redesignated as subsection (7) and
2 amended, and a new subsection (6) is added to that section, to
3 read:
4 100.371 Initiatives; procedure for placement on
5 ballot.--
6 (6)(a) Within 45 days after receipt of a proposed
7 revision or amendment to the State Constitution by initiative
8 petition from the Secretary of State or, for any initiative
9 approved by the Florida Supreme Court for the general election
10 ballot for 2002, within 45 days after the effective date of
11 this subsection, whichever occurs later, the Revenue
12 Estimating Conference shall complete an analysis and fiscal
13 impact statement to be placed on the ballot of the estimated
14 increase or decrease in any revenues or costs to state or
15 local governments resulting from the proposed initiative. The
16 Revenue Estimating Conference shall provide an opportunity for
17 any proponents or opponents of the initiative to submit
18 information and may solicit information or analysis from any
19 other entities or agencies, including the Office of Economic
20 and Demographic Research.
21 (b)1. Members of the Revenue Estimating Conference
22 shall reach a consensus or majority concurrence on a clear and
23 unambiguous fiscal-impact statement, no more than 50 words in
24 length. Nothing in this subsection prohibits the Revenue
25 Estimating Conference from setting forth a range of potential
26 impacts in the fiscal-impact statement. Any fiscal-impact
27 statement that a court finds not to be in accordance with this
28 section, s. 100.381, or s. 101.161 shall be remanded solely to
29 the Revenue Estimating Conference for redrafting. The Revenue
30 Estimating Conference shall redraft the fiscal-impact
31 statement within 15 days.
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SENATE AMENDMENT
Bill No. HB 65-E
Amendment No. ___ Barcode 823670
1 2. If the members of the Revenue Estimating Conference
2 are unable to agree on the statement required by this
3 subsection, the following statement shall appear on the ballot
4 pursuant to 101.161(1): "The fiscal impact of this measure, if
5 any, cannot be reasonably determined at this time."
6 (c) The fiscal-impact statement must be separately
7 contained and be set forth after the ballot summary as
8 required in s. 101.161(1).
9 (7)(6) The Department of State may adopt shall have
10 the authority to promulgate rules in accordance with s. 120.54
11 to carry out the provisions of subsections (1)-(5) of this
12 section.
13 Section 4. Section 100.381, Florida Statutes, is
14 created to read:
15 100.381 Constitutional amendments or revisions other
16 than initiatives; fiscal-impact statement.--For any amendment
17 or revision proposed pursuant to Art. XI of the State
18 Constitution other than an initiative, the Revenue Estimating
19 Conference shall prepare a fiscal-impact statement as provided
20 in s. 100.371(6) no later than 80 days before the election on
21 the proposed amendment or revision. The fiscal-impact
22 statement must be separately contained and be set forth after
23 the ballot summary as required in s. 101.161(1).
24 Section 5. Subsection (1) of section 101.161, Florida
25 Statutes, is amended to read:
26 101.161 Referenda; ballots.--
27 (1) Whenever a constitutional amendment or other
28 public measure is submitted to the vote of the people, the
29 substance of such amendment or other public measure shall be
30 printed in clear and unambiguous language on the ballot after
31 the list of candidates, followed by the word "yes" and also by
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SENATE AMENDMENT
Bill No. HB 65-E
Amendment No. ___ Barcode 823670
1 the word "no," and shall be styled in such a manner that a
2 "yes" vote will indicate approval of the proposal and a "no"
3 vote will indicate rejection. The wording of the substance of
4 the amendment or other public measure and the ballot title to
5 appear on the ballot shall be embodied in the joint
6 resolution, constitutional revision commission proposal,
7 constitutional convention proposal, taxation and budget reform
8 commission proposal, or enabling resolution or ordinance.
9 Except for amendments and ballot language proposed by joint
10 resolution, the substance of the amendment or other public
11 measure shall be an explanatory statement, not exceeding 75
12 words in length, of the chief purpose of the measure. In
13 addition, the ballot shall include a separate fiscal-impact
14 statement concerning the measure prepared by the Revenue
15 Estimating Conference in accordance with s. 100.371(6) or s.
16 100.381. The ballot title shall consist of a caption, not
17 exceeding 15 words in length, by which the measure is commonly
18 referred to or spoken of.
19 Section 6. Paragraph (a) of subsection (3) of section
20 216.136, Florida Statutes, is amended to read:
21 216.136 Consensus estimating conferences; duties and
22 principals.--
23 (3) REVENUE ESTIMATING CONFERENCE.--
24 (a) Duties.--The Revenue Estimating Conference shall
25 develop such official information with respect to anticipated
26 state and local government revenues as the conference
27 determines is needed for the state planning and budgeting
28 system. Any principal may request the conference to review
29 and estimate revenues for any trust fund. Also, the conference
30 shall prepare fiscal-impact statements for constitutional
31 amendments pursuant to s. 100.371(6).
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SENATE AMENDMENT
Bill No. HB 65-E
Amendment No. ___ Barcode 823670
1 Section 7. If any law that is amended by this act was
2 also amended by a law enacted at the 2002 Regular Session of
3 the Legislature, such laws shall be construed as if they had
4 been enacted at the same session of the Legislature, and full
5 effect should be given to each if that is possible.
6 Section 8. This act does not apply to any
7 constitutional amendment proposed by initiative which has been
8 certified for ballot position by the Secretary of State or to
9 any joint resolution filed with the Secretary of State prior
10 to the effective date of this act.
11 Section 9. Except as otherwise expressly provided in
12 this act, this act shall take effect upon becoming a law.
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16 And the title is amended as follows:
17 Delete everything before the enacting clause
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19 and insert:
20 A bill to be entitled
21 An act relating to constitutional amendments;
22 amending s. 15.21, F.S.; requiring the
23 Secretary of State to submit certain initiative
24 petitions to the Revenue Estimating Conference;
25 amending s. 16.061, F.S.; requiring that the
26 Attorney General petition the Supreme Court to
27 review the estimated-fiscal-impact statement;
28 requiring the court to remand defective
29 fiscal-impact statements to the Revenue
30 Estimating Conference; amending ss. 100.371,
31 101.161, F.S., and creating s. 100.381, F.S.;
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SENATE AMENDMENT
Bill No. HB 65-E
Amendment No. ___ Barcode 823670
1 requiring that the Revenue Estimating
2 Conference provide an analysis of the fiscal
3 impact resulting to state or local governments
4 from any constitutional amendment; authorizing
5 the Revenue Estimating Conference to solicit
6 information regarding a proposed amendment;
7 providing procedures for drafting and voting on
8 a fiscal-impact statement by the Revenue
9 Estimating Conference; requiring that a
10 fiscal-impact statement be included on the
11 ballot after the ballot summary of the
12 amendment; requiring a court to remand
13 defective fiscal-impact statements to the
14 Revenue Estimating Conference; amending s.
15 216.136, F.S.; prescribing additional duties of
16 the Revenue Estimating Conference, to conform;
17 providing for construction of the act in pari
18 materia with laws enacted during the Regular
19 Session of the Legislature; providing
20 exemptions from the fiscal-impact-statement
21 requirement for certain proposed amendments;
22 providing effective dates.
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