SENATE AMENDMENT
    Bill No. HB 1883
    Amendment No. ___   Barcode 891728
                            CHAMBER ACTION
              Senate                               House
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       05/02/2003 04:13 PM         .                    
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11  Senator Cowin moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Section 16.061, Florida Statutes, is
18  amended to read:
19         16.061  Initiative petitions Proposed constitutional
20  revisions or amendments.--
21         (1)  The Attorney General shall, within 30 days after
22  receipt of a proposed revision or amendment to the State
23  Constitution by initiative petition from the Secretary of
24  State, petition the Supreme Court, requesting an advisory
25  opinion regarding the compliance of the text of the proposed
26  amendment or revision with s. 3, Art. XI of the State
27  Constitution and the compliance of the proposed ballot title
28  and substance with s. 101.161. The Attorney General shall,
29  within 30 days after receipt of the initiative petition's
30  fiscal impact statement or revised fiscal impact statement
31  from the Revenue Estimating Conference, or immediately after
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SENATE AMENDMENT Bill No. HB 1883 Amendment No. ___ Barcode 891728 1 receipt if received less than 120 days before the election at 2 which the question of ratifying the amendment will be 3 presented, petition the Supreme Court requesting an advisory 4 opinion regarding compliance of the statement with s. 5 100.371(6). and the compliance of the fiscal impact statement 6 with ss. 100.371 and 101.161. For all other proposed revisions 7 or amendments to the State Constitution, the Attorney General 8 shall, upon the Revenue Estimating Conference finalizing the 9 fiscal impact statement, petition the Supreme Court requesting 10 an advisory opinion regarding compliance of the text of the 11 fiscal impact statement with ss. 100.371, 100.381, and 12 101.161. The petition may enumerate any specific factual 13 issues which the Attorney General believes would require a 14 judicial determination. 15 (2) A copy of the petition shall be provided to the 16 Secretary of State and the principal officer of the sponsor. 17 (3) Any fiscal impact statement that the court finds 18 not to be in accordance with s. 100.371, s. 100.381, or s. 19 101.161 shall be remanded solely to the Revenue Estimating 20 Conference for redrafting. 21 Section 2. Subsections (6) and (7) of section 100.371, 22 Florida Statutes, are amended to read: 23 100.371 Initiatives; procedure for placement on 24 ballot.-- 25 (6)(a) Within 45 days after receipt of a proposed 26 revision or amendment to the State Constitution by initiative 27 petition from the Secretary of State, or within 30 days after 28 such receipt if receipt occurs 120 days or less before the 29 election at which the question of ratifying the amendment will 30 be presented, for any initiative approved by the Florida 31 Supreme Court for the general election ballot for 2002, within 2 8:39 PM 04/30/03 h1883.ee20.01
SENATE AMENDMENT Bill No. HB 1883 Amendment No. ___ Barcode 891728 1 45 days after the effective date of this subsection, whichever 2 occurs later, the Revenue Estimating Conference shall complete 3 an analysis and fiscal impact statement to be placed on the 4 ballot of the estimated increase or decrease in any revenues 5 or costs to state or local governments resulting from the 6 proposed initiative. The Revenue Estimating Conference shall 7 provide an opportunity for any proponents or opponents of the 8 initiative to submit information and may solicit information 9 or analysis from any other entities or agencies, including the 10 Office of Economic and Demographic Research. 11 (b)1. Members of the Revenue Estimating Conference 12 shall reach a consensus or majority concurrence on a clear and 13 unambiguous fiscal impact statement, no more than 50 words in 14 length and immediately submit the statement to the Attorney 15 General. Nothing in this subsection prohibits the Revenue 16 Estimating Conference from setting forth a range of potential 17 impacts in the fiscal impact statement. Any fiscal impact 18 statement that a court finds not to be in accordance with this 19 section, s. 100.381, or s. 101.161 shall be remanded solely to 20 the Revenue Estimating Conference for redrafting. The Revenue 21 Estimating Conference shall redraft the fiscal impact 22 statement within 15 days. 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 s. 101.161(1): "The fiscal impact of this measure, 27 if any, cannot be reasonably determined at this time." 28 3. Any fiscal impact statement that the Supreme Court 29 finds not to be in accordance with this subsection shall be 30 remanded solely to the Revenue Estimating Conference for 31 redrafting, provided the court's advisory opinion is rendered 3 8:39 PM 04/30/03 h1883.ee20.01
SENATE AMENDMENT Bill No. HB 1883 Amendment No. ___ Barcode 891728 1 at least 75 days before the election at which the question of 2 ratifying the amendment will be presented. The Revenue 3 Estimating Conference shall prepare and adopt a revised fiscal 4 impact statement no later than 5 p.m. on the 15th day after 5 the date of the court's opinion. 6 4. If, by 5 p.m. on the 55th day before the election, 7 the Supreme Court has not issued an advisory opinion approving 8 a fiscal impact statement prepared by the Revenue Estimating 9 Conference for an initiative amendment that otherwise meets 10 the legal requirements for ballot placement, the following 11 statement shall appear on the ballot pursuant to s. 12 101.161(1): "Due to time constraints, the fiscal impact of 13 this measure, if any, could not be included on the ballot." 14 5. If, by 5 p.m. on the 55th day before the general 15 election, the Supreme Court has not issued an advisory opinion 16 approving a fiscal impact statement prepared by the Revenue 17 Estimating Conference for an initiative amendment that 18 otherwise meets the legal requirements for ballot placement at 19 the general election, the following statement shall appear on 20 the advance general election absentee ballot pursuant to s. 21 101.161(1): "Due to time constraints, the fiscal impact of 22 this measure, if any, could not be included on the ballot." 23 (c) The fiscal impact statement must be separately 24 contained and be set forth after the ballot summary as 25 required in s. 101.161(1). 26 (7) The Department of State may adopt rules in 27 accordance with s. 120.54 to carry out the provisions of 28 subsections (1)-(5) of this section. 29 Section 3. Section 100.381, Florida Statutes, is 30 repealed. 31 Section 4. Subsection (1) of section 101.161, Florida 4 8:39 PM 04/30/03 h1883.ee20.01
SENATE AMENDMENT Bill No. HB 1883 Amendment No. ___ Barcode 891728 1 Statutes, is amended to read: 2 101.161 Referenda; ballots.-- 3 (1) Whenever a constitutional amendment or other 4 public measure is submitted to the vote of the people, the 5 substance of such amendment or other public measure shall be 6 printed in clear and unambiguous language on the ballot after 7 the list of candidates, followed by the word "yes" and also by 8 the word "no," and shall be styled in such a manner that a 9 "yes" vote will indicate approval of the proposal and a "no" 10 vote will indicate rejection. The wording of the substance of 11 the amendment or other public measure and the ballot title to 12 appear on the ballot shall be embodied in the joint 13 resolution, constitutional revision commission proposal, 14 constitutional convention proposal, taxation and budget reform 15 commission proposal, or enabling resolution or ordinance. 16 Except for amendments and ballot language proposed by joint 17 resolution, the substance of the amendment or other public 18 measure shall be an explanatory statement, not exceeding 75 19 words in length, of the chief purpose of the measure. In 20 addition, the ballot shall include following the ballot 21 summary a separate fiscal impact statement concerning the 22 measure prepared by the Revenue Estimating Conference in 23 accordance with s. 100.371(6) or s. 100.381. The ballot title 24 shall consist of a caption, not exceeding 15 words in length 25 by which the measure is commonly referred to or spoken of. 26 Section 5. Paragraph (a) of subsection (4) of section 27 101.62, Florida Statutes, is amended to read: 28 101.62 Request for absentee ballots.-- 29 (4)(a) To each absent qualified elector overseas who 30 has requested an absentee ballot, the supervisor of elections 31 shall, not fewer than 35 days before the first primary 5 8:39 PM 04/30/03 h1883.ee20.01
SENATE AMENDMENT Bill No. HB 1883 Amendment No. ___ Barcode 891728 1 election, mail an absentee ballot. Not fewer than 45 days 2 before the second primary and general election, the supervisor 3 of elections shall mail an advance absentee ballot to those 4 persons requesting ballots for such elections. The advance 5 absentee ballot for the second primary shall be the same as 6 the first primary absentee ballot as to the names of 7 candidates, except that for any offices where there are only 8 two candidates, those offices and all political party 9 executive committee offices shall be omitted. Except as 10 provided in ss. s. 99.063(4) and 100.371(6)(b)5., the advance 11 absentee ballot for the general election shall be as specified 12 in s. 101.151, except that in the case of candidates of 13 political parties where nominations were not made in the first 14 primary, the names of the candidates placing first and second 15 in the first primary election shall be printed on the advance 16 absentee ballot. The advance absentee ballot or advance 17 absentee ballot information booklet shall be of a different 18 color for each election and also a different color from the 19 absentee ballots for the first primary, second primary, and 20 general election. The supervisor shall mail an advance 21 absentee ballot for the second primary and general election to 22 each qualified absent elector for whom a request is received 23 until the absentee ballots are printed. The supervisor shall 24 enclose with the advance second primary absentee ballot and 25 advance general election absentee ballot an explanation 26 stating that the absentee ballot for the election will be 27 mailed as soon as it is printed; and, if both the advance 28 absentee ballot and the absentee ballot for the election are 29 returned in time to be counted, only the absentee ballot will 30 be counted. The Department of State may prescribe by rule the 31 requirements for preparing and mailing absentee ballots to 6 8:39 PM 04/30/03 h1883.ee20.01
SENATE AMENDMENT Bill No. HB 1883 Amendment No. ___ Barcode 891728 1 absent qualified electors overseas. 2 Section 6. For the purpose of incorporating the 3 amendments of sections 100.371 and 101.161, Florida Statutes, 4 in references thereto, section 15.21, Florida Statutes, is 5 reenacted to read: 6 15.21 Initiative petitions; s. 3, Art. XI, State 7 Constitution.--The Secretary of State shall immediately submit 8 an initiative petition to the Attorney General and to the 9 Revenue Estimating Conference if the sponsor has: 10 (1) Registered as a political committee pursuant to s. 11 106.03; 12 (2) Submitted the ballot title, substance, and text of 13 the proposed revision or amendment to the Secretary of State 14 pursuant to ss. 100.371 and 101.161; and 15 (3) Obtained a letter from the Division of Elections 16 confirming that the sponsor has submitted to the appropriate 17 supervisors for verification, and the supervisors have 18 verified, forms signed and dated equal to 10 percent of the 19 number of electors statewide and in at least one-fourth of the 20 congressional districts required by s. 3, Art. XI of the State 21 Constitution. 22 Section 7. For the purpose of incorporating amendments 23 to section 100.371, Florida Statutes, in references thereto, 24 paragraph (a) of subsection (3) of section 216.136, Florida 25 Statutes, is reenacted to read: 26 216.136 Consensus estimating conferences; duties and 27 principals.-- 28 (3) REVENUE ESTIMATING CONFERENCE.-- 29 (a) Duties.--The Revenue Estimating Conference shall 30 develop such official information with respect to anticipated 31 state and local government revenues as the conference 7 8:39 PM 04/30/03 h1883.ee20.01
SENATE AMENDMENT Bill No. HB 1883 Amendment No. ___ Barcode 891728 1 determines is needed for the state planning and budgeting 2 system. Any principal may request the conference to review 3 and estimate revenues for any trust fund. Also, the conference 4 shall prepare fiscal impact statements for constitutional 5 amendments pursuant to s. 100.371(6). 6 Section 8. The Secretary of State shall immediately 7 submit to the Revenue Estimating Conference any active 8 initiative petition that met the requirements of section 9 15.21, Florida Statutes, before the effective date of this 10 act. 11 Section 9. This act does not apply to any 12 constitutional amendment proposed by initiative which has been 13 certified for ballot position by the Secretary of State before 14 the effective date of this act. 15 Section 10. This act shall take effect July 2, 2003. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 Delete everything before the enacting clause 21 22 and insert: 23 An act relating to constitutional amendments; 24 amending s. 16.061, F.S.; requiring the 25 Attorney General to immediately petition the 26 Supreme Court for review of certain fiscal 27 impact statements; deleting duties of the 28 Attorney General with respect to constitutional 29 amendments proposed other than by initiative; 30 amending s. 100.371, F.S.; revising times 31 within which the Revenue Estimating Conference 8 8:39 PM 04/30/03 h1883.ee20.01
SENATE AMENDMENT Bill No. HB 1883 Amendment No. ___ Barcode 891728 1 must complete its analysis and fiscal impact 2 statement for amendments proposed by 3 initiative; prescribing ballot language to be 4 used if a fiscal impact statement is not timely 5 approved by the Supreme Court; repealing s. 6 100.381, F.S., relating to fiscal impact 7 statement requirements for amendments proposed 8 other than by initiative; amending s. 101.161, 9 F.S.; prescribing placement of the fiscal 10 impact statement on the ballot; amending s. 11 101.62, F.S., relating to absentee ballots, to 12 conform; reenacting ss. 15.21, 216.136(3)(a), 13 F.S., to conform to the changes by this act; 14 providing procedures for commencing the fiscal 15 impact statement development and review process 16 for certain proposed initiatives; exempting 17 certain proposed initiatives from the fiscal 18 impact statement requirement; providing an 19 effective date. 20 21 22 23 24 25 26 27 28 29 30 31 9 8:39 PM 04/30/03 h1883.ee20.01