Senate Bill sb1322

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    Florida Senate - 2003                                  SB 1322

    By Senator Cowin





    20-680-03

  1                      A bill to be entitled

  2         An act relating to constitutional amendments;

  3         amending s. 16.061, F.S.; requiring the

  4         Attorney General to immediately petition the

  5         Supreme Court for review of certain fiscal

  6         impact statements; deleting duties of the

  7         Attorney General with respect to constitutional

  8         amendments proposed other than by initiative;

  9         amending s. 100.371, F.S.; revising times

10         within which the Revenue Estimating Conference

11         must complete its analysis and fiscal impact

12         statement for amendments proposed by

13         initiative; prescribing ballot language to be

14         used if a fiscal impact statement is not timely

15         approved by the Supreme Court; repealing s.

16         100.381, F.S., relating to fiscal impact

17         statement requirements for amendments proposed

18         other than by initiative; amending s. 101.161,

19         F.S.; prescribing placement of the fiscal

20         impact statement on the ballot; amending s.

21         101.62, F.S., relating to absentee ballots, to

22         conform; reenacting ss. 15.21, 216.136(3)(a),

23         F.S., to conform to the changes by this act;

24         providing procedures for commencing the fiscal

25         impact statement development and review process

26         for certain proposed initiatives; exempting

27         certain proposed initiatives from the fiscal

28         impact statement requirement; providing an

29         effective date.

30

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

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    Florida Senate - 2003                                  SB 1322
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  1         Section 1.  Section 16.061, Florida Statutes, is

  2  amended to read:

  3         16.061  Initiative petitions Proposed constitutional

  4  revisions or amendments.--

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

  6  receipt of a proposed revision or amendment to the State

  7  Constitution by initiative petition from the Secretary of

  8  State, petition the Supreme Court, requesting an advisory

  9  opinion regarding the compliance of the text of the proposed

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

11  Constitution and the compliance of the proposed ballot title

12  and substance with s. 101.161. The Attorney General shall,

13  within 30 days after receipt of the initiative petition's

14  fiscal impact statement or revised fiscal impact statement

15  from the Revenue Estimating Conference, or immediately after

16  receipt if received less than 120 days before the election at

17  which the question of ratifying the amendment will be

18  presented, petition the Supreme Court requesting an advisory

19  opinion regarding compliance of the statement with s.

20  100.371(6).  and the compliance of the fiscal impact statement

21  with ss. 100.371 and 101.161. For all other proposed revisions

22  or amendments to the State Constitution, the Attorney General

23  shall, upon the Revenue Estimating Conference finalizing the

24  fiscal impact statement, petition the Supreme Court requesting

25  an advisory opinion regarding compliance of the text of the

26  fiscal impact statement with ss. 100.371, 100.381, and

27  101.161. The petition may enumerate any specific factual

28  issues which the Attorney General believes would require a

29  judicial determination.

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

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

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    Florida Senate - 2003                                  SB 1322
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  1         (3)  Any fiscal impact statement that the court finds

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

  3  101.161 shall be remanded solely to the Revenue Estimating

  4  Conference for redrafting.

  5         Section 2.  Subsections (6) and (7) of section 100.371,

  6  Florida Statutes, are amended to read:

  7         100.371  Initiatives; procedure for placement on

  8  ballot.--

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

10  revision or amendment to the State Constitution by initiative

11  petition from the Secretary of State, or within 30 days after

12  such receipt if receipt occurs 120 days or less before the

13  election at which the question of ratifying the amendment will

14  be presented, for any initiative approved by the Florida

15  Supreme Court for the general election ballot for 2002, within

16  45 days after the effective date of this subsection, whichever

17  occurs later, the Revenue Estimating Conference shall complete

18  an analysis and fiscal impact statement to be placed on the

19  ballot of the estimated increase or decrease in any revenues

20  or costs to state or local governments resulting from the

21  proposed initiative. The Revenue Estimating Conference shall

22  provide an opportunity for any proponents or opponents of the

23  initiative to submit information and may solicit information

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

25  Office of Economic and Demographic Research.

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

27  shall reach a consensus or majority concurrence on a clear and

28  unambiguous fiscal impact statement, no more than 50 words in

29  length and immediately submit the statement to the Attorney

30  General. Nothing in this subsection prohibits the Revenue

31  Estimating Conference from setting forth a range of potential

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  1  impacts in the fiscal impact statement. Any fiscal impact

  2  statement that a court finds not to be in accordance with this

  3  section, s. 100.381, or s. 101.161 shall be remanded solely to

  4  the Revenue Estimating Conference for redrafting. The Revenue

  5  Estimating Conference shall redraft the fiscal impact

  6  statement within 15 days.

  7         2.  If the members of the Revenue Estimating Conference

  8  are unable to agree on the statement required by this

  9  subsection, the following statement shall appear on the ballot

10  pursuant to s. 101.161(1): "The fiscal impact of this measure,

11  if any, cannot be reasonably determined at this time."

12         3.  Any fiscal impact statement that the Supreme Court

13  finds not to be in accordance with this subsection shall be

14  remanded solely to the Revenue Estimating Conference for

15  redrafting, provided the court's advisory opinion is rendered

16  at least 75 days before the election at which the question of

17  ratifying the amendment will be presented. The Revenue

18  Estimating Conference shall prepare and adopt a revised fiscal

19  impact statement no later than 5 p.m. on the 15th day after

20  the date of the court's opinion.

21         4.  If, by 5 p.m. on the 55th day before the election,

22  the Supreme Court has not issued an advisory opinion approving

23  a fiscal impact statement prepared by the Revenue Estimating

24  Conference for an initiative amendment that otherwise meets

25  the legal requirements for ballot placement, the following

26  statement shall appear on the ballot pursuant to s.

27  101.161(1): "Due to time constraints, the fiscal impact of

28  this measure, if any, could not be included on the ballot."

29         5.  If, by 5 p.m. on the 55th day before the general

30  election, the Supreme Court has not issued an advisory opinion

31  approving a fiscal impact statement prepared by the Revenue

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  1  Estimating Conference for an initiative amendment that

  2  otherwise meets the legal requirements for ballot placement at

  3  the general election, the following statement shall appear on

  4  the advance general election absentee ballot pursuant to s.

  5  101.161(1): "Due to time constraints, the fiscal impact of

  6  this measure, if any, could not be included on the ballot."

  7         (c)  The fiscal impact statement must be separately

  8  contained and be set forth after the ballot summary as

  9  required in s. 101.161(1).

10         (7)  The Department of State may adopt rules in

11  accordance with s. 120.54 to carry out the provisions of

12  subsections (1)-(5) of this section.

13         Section 3.  Section 100.381, Florida Statutes, is

14  repealed.

15         Section 4.  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

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  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 following the ballot

  5  summary a separate fiscal impact statement concerning the

  6  measure prepared by the Revenue Estimating Conference in

  7  accordance with s. 100.371(6) or s. 100.381. The ballot title

  8  shall consist of a caption, not exceeding 15 words in length

  9  by which the measure is commonly referred to or spoken of.

10         Section 5.  Paragraph (a) of subsection (4) of section

11  101.62, Florida Statutes, is amended to read:

12         101.62  Request for absentee ballots.--

13         (4)(a)  To each absent qualified elector overseas who

14  has requested an absentee ballot, the supervisor of elections

15  shall, not fewer than 35 days before the first primary

16  election, mail an absentee ballot.  Not fewer than 45 days

17  before the second primary and general election, the supervisor

18  of elections shall mail an advance absentee ballot to those

19  persons requesting ballots for such elections.  The advance

20  absentee ballot for the second primary shall be the same as

21  the first primary absentee ballot as to the names of

22  candidates, except that for any offices where there are only

23  two candidates, those offices and all political party

24  executive committee offices shall be omitted.  Except as

25  provided in ss. s. 99.063(4) and 100.371(6)(b)5., the advance

26  absentee ballot for the general election shall be as specified

27  in s. 101.151, except that in the case of candidates of

28  political parties where nominations were not made in the first

29  primary, the names of the candidates placing first and second

30  in the first primary election shall be printed on the advance

31  absentee ballot. The advance absentee ballot or advance

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    Florida Senate - 2003                                  SB 1322
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  1  absentee ballot information booklet shall be of a different

  2  color for each election and also a different color from the

  3  absentee ballots for the first primary, second primary, and

  4  general election.  The supervisor shall mail an advance

  5  absentee ballot for the second primary and general election to

  6  each qualified absent elector for whom a request is received

  7  until the absentee ballots are printed.  The supervisor shall

  8  enclose with the advance second primary absentee ballot and

  9  advance general election absentee ballot an explanation

10  stating that the absentee ballot for the election will be

11  mailed as soon as it is printed; and, if both the advance

12  absentee ballot and the absentee ballot for the election are

13  returned in time to be counted, only the absentee ballot will

14  be counted. The Department of State may prescribe by rule the

15  requirements for preparing and mailing absentee ballots to

16  absent qualified electors overseas.

17         Section 6.  For the purpose of incorporating the

18  amendments of sections 100.371 and 101.161, Florida Statutes,

19  in references thereto, section 15.21, Florida Statutes, is

20  reenacted to read:

21         15.21  Initiative petitions; s. 3, Art. XI, State

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

23  an initiative petition to the Attorney General and to the

24  Revenue Estimating Conference if the sponsor has:

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

26  106.03;

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

28  the proposed revision or amendment to the Secretary of State

29  pursuant to ss. 100.371 and 101.161; and

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

31  confirming that the sponsor has submitted to the appropriate

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  1  supervisors for verification, and the supervisors have

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

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

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

  5  Constitution.

  6         Section 7.  For the purpose of incorporating amendments

  7  to section 100.371, Florida Statutes, in references thereto,

  8  paragraph (a) of subsection (3) of section 216.136, Florida

  9  Statutes, is reenacted to read:

10         216.136  Consensus estimating conferences; duties and

11  principals.--

12         (3)  REVENUE ESTIMATING CONFERENCE.--

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

14  develop such official information with respect to anticipated

15  state and local government revenues as the conference

16  determines is needed for the state planning and budgeting

17  system.  Any principal may request the conference to review

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

19  shall prepare fiscal impact statements for constitutional

20  amendments pursuant to s. 100.371(6).

21         Section 8.  The Secretary of State shall immediately

22  submit to the Revenue Estimating Conference any active

23  initiative petition that met the requirements of section

24  15.21, Florida Statutes, before the effective date of this

25  act.

26         Section 9.  This act does not apply to any

27  constitutional amendment proposed by initiative which has been

28  certified for ballot position by the Secretary of State before

29  the effective date of this act.

30         Section 10.  This act shall take effect July 2, 2003.

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  2                          SENATE SUMMARY

  3    Revises procedures relating to development and review of
      fiscal impact statements for proposed constitutional
  4    amendments. Deletes duties of the Attorney General with
      respect to amendments proposed other than by initiative
  5    and revises guidelines, including time limits, with
      respect to those proposed by initiative. Prescribes
  6    language to be included on the ballot when there was
      insufficient time to provide an approved fiscal impact
  7    statement.

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