Senate Bill sb0068Ec1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                           CS for SB 68-E

    By the Committee on Ethics and Elections; and Senators Pruitt
    and Sanderson




    313-2412-02

  1                      A bill to be entitled

  2         An act relating to constitutional amendments;

  3         amending s. 15.21, F.S.; requiring the

  4         Secretary of State to submit certain initiative

  5         petitions to the Revenue Estimating Conference;

  6         amending s. 16.061, F.S.; requiring that the

  7         Attorney General petition the Supreme Court to

  8         review the estimated-fiscal-impact summary;

  9         requiring the court to remand defective

10         fiscal-impact statements to the Revenue

11         Estimating Conference; amending ss. 100.371,

12         101.161, F.S., and creating s. 100.381, F.S.;

13         requiring that the Revenue Estimating

14         Conference provide an analysis of the fiscal

15         impact resulting to state or local governments

16         from any constitutional amendment; authorizing

17         the Revenue Estimating Conference to solicit

18         information regarding a proposed amendment;

19         providing procedures for drafting and voting on

20         a fiscal-impact statement by the Revenue

21         Estimating Conference; requiring that a

22         fiscal-impact statement be included on the

23         ballot after the ballot summary of the

24         amendment; amending s. 216.136, F.S.;

25         prescribing additional duties of the Revenue

26         Estimating Conference, to conform; providing

27         for construction of the act in pari materia

28         with laws enacted during the Regular Session of

29         the Legislature; providing exemptions from the

30         fiscal-impact-statement requirement for certain

31         proposed amendments; providing effective dates.

                                  1

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






    Florida Senate - 2002                           CS for SB 68-E
    313-2412-02




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

  2

  3         Section 1.  Section 15.21, Florida Statutes, is amended

  4  to read:

  5         15.21  Initiative petitions; s. 3, Art. XI, State

  6  Constitution.--The Secretary of State shall immediately submit

  7  an initiative petition to the Attorney General and to the

  8  Revenue Estimating Conference if the sponsor has:

  9         (1)  Registered as a political committee pursuant to s.

10  106.03;

11         (2)  Submitted the ballot title, substance, and text of

12  the proposed revision or amendment to the Secretary of State

13  pursuant to ss. 100.371 and 101.161; and

14         (3)  Obtained a letter from the Division of Elections

15  confirming that the sponsor has submitted to the appropriate

16  supervisors for verification, and the supervisors have

17  verified, forms signed and dated equal to 10 percent of the

18  number of electors statewide and in at least one-fourth of the

19  congressional districts required by s. 3, Art. XI of the State

20  Constitution.

21         Section 2.  Effective July 1, 2003, section 16.061,

22  Florida Statutes, is amended to read:

23         16.061  Initiative petitions.--

24         (1)  The Attorney General shall, within 30 days after

25  receipt of a proposed revision or amendment to the State

26  Constitution by initiative petition from the Secretary of

27  State, petition the Supreme Court, requesting an advisory

28  opinion regarding the compliance of the text of the proposed

29  amendment or revision with s. 3, Art. XI of the State

30  Constitution and the compliance of the proposed ballot title

31  and substance with s. 101.161 and the compliance of the

                                  2

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






    Florida Senate - 2002                           CS for SB 68-E
    313-2412-02




  1  fiscal-impact statement with ss. 100.371, 100.381, and

  2  101.161. The petition may enumerate any specific factual

  3  issues which the Attorney General believes would require a

  4  judicial determination.

  5         (2)  A copy of the petition shall be provided to the

  6  Secretary of State and the principal officer of the sponsor.

  7         (3)  Any fiscal-impact statement that the court finds

  8  not to be in accordance with s. 100.371, s. 100.381, or s.

  9  101.161 shall be remanded solely to the Revenue Estimating

10  Conference for redrafting.

11         Section 3.  Present subsection (6) of section 100.371,

12  Florida Statutes, is redesignated as subsection (7) and

13  amended, and a new subsection (6) is added to that section, to

14  read:

15         100.371  Initiatives; procedure for placement on

16  ballot.--

17         (6)(a)  Within 45 days after receipt of a proposed

18  revision or amendment to the State Constitution by initiative

19  petition from the Secretary of State or, for any initiative

20  approved by the Florida Supreme Court for the general election

21  ballot for 2002, within 45 days after the effective date of

22  this subsection, whichever occurs later, the Revenue

23  Estimating Conference shall complete an analysis and summary

24  analysis of the estimated increase or decrease in any revenues

25  or costs to state or local governments resulting from the

26  proposed initiative. The Revenue Estimating Conference shall

27  provide an opportunity for any proponents or opponents of the

28  initiative to submit information and may solicit information

29  or analysis from any other entities or agencies, including the

30  Office of Economic and Demographic Research.

31

                                  3

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






    Florida Senate - 2002                           CS for SB 68-E
    313-2412-02




  1         (b)1.  Members of the Revenue Estimating Conference

  2  shall reach a consensus or majority concurrence on a clear,

  3  unambiguous, accurate, and impartial fiscal-impact statement,

  4  no more than 50 words in length, containing such language that

  5  the statement shall be neither an argument, nor be likely to

  6  create prejudice, for or against the proposed measure. Nothing

  7  in this subsection prohibits the Revenue Estimating Conference

  8  from setting forth a range of potential impacts in the

  9  fiscal-impact statement.

10         2.  If the members of the Revenue Estimating Conference

11  are unable to agree on the statement required by this

12  subsection, the following statement shall appear on the ballot

13  pursuant to 101.161(1): "The fiscal impact of this measure, if

14  any, cannot be reasonably determined at this time."

15         (c)  The fiscal-impact statement must be separately

16  contained and be set forth after the ballot summary as

17  required in s. 101.161(1).

18         (7)(6)  The Department of State may adopt shall have

19  the authority to promulgate rules in accordance with s. 120.54

20  to carry out the provisions of subsections (1)-(5) of this

21  section.

22         Section 4.  Section 100.381, Florida Statutes, is

23  created to read:

24         100.381  Constitutional amendments or revisions other

25  than initiatives; fiscal-impact statement.--For any amendment

26  or revision proposed pursuant to Art. XI of the State

27  Constitution other than an initiative, the Revenue Estimating

28  Conference shall prepare a fiscal-impact statement as provided

29  in s. 100.371(6) no later than 60 days before the election on

30  the proposed amendment or revision. The fiscal-impact

31

                                  4

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






    Florida Senate - 2002                           CS for SB 68-E
    313-2412-02




  1  statement must be separately contained and be set forth after

  2  the ballot summary as required in s. 101.161(1).

  3         Section 5.  Subsection (1) of section 101.161, Florida

  4  Statutes, is amended to read:

  5         101.161  Referenda; ballots.--

  6         (1)  Whenever a constitutional amendment or other

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

  8  substance of such amendment or other public measure shall be

  9  printed in clear and unambiguous language on the ballot after

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

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

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

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

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

15  appear on the ballot shall be embodied in the joint

16  resolution, constitutional revision commission proposal,

17  constitutional convention proposal, taxation and budget reform

18  commission proposal, or enabling resolution or ordinance.

19  Except for amendments and ballot language proposed by joint

20  resolution, the substance of the amendment or other public

21  measure shall be an explanatory statement, not exceeding 75

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

23  addition, the ballot shall include a separate fiscal-impact

24  statement concerning the measure prepared by the Revenue

25  Estimating Conference in accordance with s. 100.371(6) or s.

26  100.381. The ballot title shall consist of a caption, not

27  exceeding 15 words in length, by which the measure is commonly

28  referred to or spoken of.

29         Section 6.  Paragraph (a) of subsection (3) of section

30  216.136, Florida Statutes, is amended to read:

31

                                  5

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






    Florida Senate - 2002                           CS for SB 68-E
    313-2412-02




  1         216.136  Consensus estimating conferences; duties and

  2  principals.--

  3         (3)  REVENUE ESTIMATING CONFERENCE.--

  4         (a)  Duties.--The Revenue Estimating Conference shall

  5  develop such official information with respect to anticipated

  6  state and local government revenues as the conference

  7  determines is needed for the state planning and budgeting

  8  system.  Any principal may request the conference to review

  9  and estimate revenues for any trust fund. Also, the conference

10  shall prepare fiscal-impact statements for constitutional

11  amendments pursuant to s. 100.371(6).

12         Section 7.  If any law that is amended by this act was

13  also amended by a law enacted at the 2002 Regular Session of

14  the Legislature, such laws shall be construed as if they had

15  been enacted at the same session of the Legislature, and full

16  effect should be given to each if that is possible.

17         Section 8.  This act does not apply to any

18  constitutional amendment proposed by initiative which has been

19  certified for ballot position by the Secretary of State or to

20  any joint resolution filed with the Secretary of State prior

21  to the effective date of this act.

22         Section 9.  Except as otherwise expressly provided in

23  this act, this act shall take effect upon becoming a law.

24

25

26

27

28

29

30

31

                                  6

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






    Florida Senate - 2002                           CS for SB 68-E
    313-2412-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 68-E

  3

  4  The committee substitute differs from the original bill in
    that it: affects all categories of constitutional amendments,
  5  i.e., initiatives, as well as joint resolutions,
    constitutional revision commission proposals, tax and budget
  6  reform commission proposals, and constitutional convention
    proposals; provides that initiative petitions are presented to
  7  the Revenue Estimating Conference by the Secretary of State
    for fiscal analysis when sponsors have signatures totaling 10%
  8  of number of electors statewide in at least 1/4 of the
    congressional districts; provides that for initiative
  9  proposals the Revenue Estimating Conference has 45 days to
    prepare the fiscal analysis; for joint resolutions and other
10  constitutional amendments requires the Revenue Estimating
    Conference to prepare a fiscal impact statement no later than
11  60 days before the general election; provides that the Revenue
    Estimating Conference provide an opportunity for
12  proponents/opponents to submit information to them and permits
    the Revenue Estimating Conference to solicit other sources of
13  information; provides that the Revenue Estimating Conference
    must reach consensus or majority concurrence on a clear,
14  unambiguous, accurate, and impartial fiscal impact statement
    no more than 50 words in length; directs that the fiscal
15  impact statement can't be argument, or be likely to create
    prejudice for or against the proposed amendment; authorizes
16  the Revenue Estimating Conference to set forth a range of
    potential fiscal impact; provides that if there is no
17  agreement, the Revenue Estimating Conference issues the
    following statement: "The fiscal impact of this measure, if
18  any, cannot be reasonably determined at this time."; excludes
    from this act initiatives that have been certified for ballot
19  position by the Secretary of State or any joint resolution
    filed with the Secretary of State prior to the effective date
20  of this act; provides that effective July 1, 2003, the fiscal
    impact statements prepared by the Revenue Estimating
21  Conference are required to be reviewed by the Florida Supreme
    Court and if the court strikes down the fiscal impact
22  statement it must remand the fiscal impact statement to the
    Revenue Estimating Conference for re-drafting of the
23  statement.

24

25

26

27

28

29

30

31

                                  7

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