HB 1125 2003
1	A bill to be entitled
2	An act relating to voter information; creating s. 100.391,
3	F.S.; requiring the Department of State to prepare a voter
4	information guide for elections in which a constitutional
5	amendment or a candidate for retention as a justice is on
6	the ballot; specifying the information the guide is to
7	contain; providing requirements for the submission,
8	review, and adoption of such information; providing for
9	publication and dissemination of the guide; providing for
10	assessment of fees to cover certain costs of publication
11	and dissemination; providing the department rulemaking
12	authority; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Section 100.391, Florida Statutes, is created
17	to read:
18	100.391 Voter information guide.--
19	(1) The Department of State shall prepare a voter
20	information guide for any general election at which a proposed
21	constitutional amendment or a question to retain a justice in
22	office will appear on the ballot. The voter information guide
23	for such an election shall include:
24	(a) For each proposed constitutional amendment:
25	1. The title and text of the amendment, indicating any
26	deleted or amended material.
27	2. The form in which the amendment will appear on the
28	ballot, including the number by which it will be designated.
29	3. Arguments supporting and arguments opposing the
30	amendment.
31	4. An economic impact statement for the amendment,
32	comprised of an estimate of the increase or decrease in any
33	revenues or costs to state and local governments resulting from
34	the amendment if adopted.
35	(b) Information relating to the retention of any justice
36	who qualifies to run for retention in office.
37	(c) Voter registration information, including information
38	on how to obtain an absentee ballot.
39	(d) A list of the addresses and telephone numbers of all
40	offices of county supervisors of elections.
41	(2) The arguments supporting and arguments opposing a
42	proposed constitutional amendment required under subparagraph
43	(1)(a)3. shall be provided as follows:
44	(a) The sponsor of the amendment shall file with the
45	department an argument supporting adoption of the amendment, and
46	any opponent of the amendment shall file with the department an
47	argument opposing adoption of the amendment. Each argument may
48	not exceed 500 words. The arguments shall be filed not more than
49	30 days after the amendment has been approved by the department
50	for placement on the ballot or on or before July 15 immediately
51	preceding the election, whichever is later. Rebuttal arguments
52	not exceeding 250 words may be filed by both the sponsor and the
53	opponent on or before July 30 or 5 days after the filing of the
54	argument to be rebutted, whichever is later.
55	(b) For purposes of this subsection, the sponsor of the
56	amendment shall be:
57	1. If proposed by initiative, the political committee
58	sponsoring the initiative.
59	2. If proposed by joint resolution, the Legislature, in
60	which case the supporting argument shall be filed jointly by the
61	Senate and the House of Representatives in any manner as may be
62	determined by the President of the Senate and the Speaker of the
63	House of Representatives.
64	3. If proposed by report of a revision commission,
65	constitutional convention, or taxation and budget reform
66	commission, the commission or convention, as applicable.
67	(c) For the purposes of this subsection, the opponent of
68	the amendment shall be:
69	1. Any legislator. If more than one legislator files an
70	argument in opposition, the President of the Senate and the
71	Speaker of the House of Representatives shall jointly select the
72	argument to be used, provided that if the amendment was proposed
73	by joint resolution, the argument selected must be one filed by
74	a legislator who voted against final passage of the resolution.
75	The decision of the President of the Senate and the Speaker of
76	the House of Representatives shall be made within 5 days after
77	the deadline for filing the argument and shall be made in any
78	manner as they may agree; or
79	2. Any voter, if the amendment was proposed by joint
80	resolution and no legislator filed an argument in opposition to
81	it or voted against it. A voter may file an argument in
82	opposition within 10 days after the original deadline for filing
83	the argument. If an argument is filed by more than one voter,
84	the department shall select the argument of the voter that most
85	clearly and persuasively addresses the issues identified in the
86	ballot summary. That voter shall be considered the opponent of
87	the amendment. The decision of the department shall be made
88	within 5 days after the deadline for filing the argument and
89	shall not be subject to challenge.
90	(3) The Revenue Estimating Conference shall prepare the
91	economic impact statement required under subparagraph (1)(a)4.
92	for each proposed constitutional amendment, taking into
93	consideration input from the public, the Office of Economic and
94	Demographic Research, and any other entities it deems proper.
95	The voter information guide shall indicate whether there is an
96	economic impact for each proposed constitutional amendment and
97	shall abstract the impact statement for such proposal. The
98	abstract shall appear following the arguments supporting or
99	opposing the proposed amendment.
100	(4)(a) The information relating to the retention of
101	justices required under paragraph (1)(b) shall consist of
102	evaluations and statements of support or opposition.
103	(b) Evaluations of candidates for retention in office as a
104	justice may be provided by any registered political committee,
105	The Florida Bar, the Florida House of Representatives, the
106	Florida Senate, or the Governor. An evaluation shall consist of
107	a concise estimate, based on either a 100-0 numerical scale or
108	an A-F letter grade scale, of the provider's assessment of the
109	justice. Any entity or person providing an evaluation of a
110	justice shall evaluate each justice by the same scale and
111	present a concise description of the factors considered and
112	relative weights given to such factors in the process of
113	evaluating justices.
114	(c) Statements of support for or opposition to candidates
115	for retention in office as a justice may be provided by any
116	registered political committee. However, statements for no more
117	than five proponents and no more than five opponents may be
118	included in the voter information guide. The department may
119	determine by rule the method of selecting proponent and opponent
120	information, which method may include considerations such as the
121	relative sizes of the organizations or constituencies
122	represented by the committees offering the information, the
123	clarity of the information provided, the relative benefit of
124	including a diversity of viewpoints in the voter information
125	guide, and other factors the department determines would make
126	the guide more informative.
127	(5) At least 75 days prior to the general election, the
128	department shall publish, on the Internet and by mailing to
129	every registered political committee, a preliminary draft of the
130	voter information guide. Any proponent or opponent shall be
131	allowed to comment, in writing on-line or by mail, on the
132	accuracy or fairness of the analysis on any issue or the
133	assessment of any judicial candidate addressed in the guide.
134	Such comments shall be delivered to the department no later than
135	the 60th day prior to the general election in such manner as may
136	be specified in the preliminary draft.
137	(6) Following completion of the voter information guide,
138	the department shall arrange for its publication and
139	distribution to every address of legal residence, or mailing
140	address if different, of one or more active registered electors
141	in the state. Voter information guides shall be distributed not
142	later than 15 days prior to the general election. Sample ballots
143	for both the primary and general elections shall include a
144	statement that information on how to obtain a voter information
145	guide is available by contacting the department. The statement
146	shall include the department’s telephone number and mailing
147	address.
148	(7) The department may assess fees against political
149	committees offering information included in the voter
150	information guide not to exceed a proportionate share of the
151	costs of printing and mailing the guide.
152	(8) The department may adopt rules in accordance with ss.
153	120.536(1) and 120.54 to implement and administer the provisions
154	of this section.
155	Section 2. This act shall take effect January 1, 2004.