| 1 | A bill to be entitled |
| 2 | An act relating to financial impact statements for |
| 3 | proposed constitutional amendments; amending s. 15.21, |
| 4 | F.S.; requiring the Secretary of State to submit certain |
| 5 | proposed constitutional amendments to the Financial Impact |
| 6 | Estimating Conference; amending s. 16.061, F.S.; requiring |
| 7 | the Attorney General to petition the Supreme Court for an |
| 8 | advisory opinion of certain financial impact statements; |
| 9 | deleting duties of the Attorney General with respect to |
| 10 | constitutional amendments proposed other than by |
| 11 | initiative; conforming provisions to changes made by the |
| 12 | act; amending s. 100.371, F.S.; requiring the Financial |
| 13 | Impact Estimating Conference to complete a financial |
| 14 | impact statement for certain purposes; requiring the |
| 15 | conference to submit the statement to the Attorney General |
| 16 | and the Secretary of State; requiring meetings of the |
| 17 | conference to be open to the public; establishing the |
| 18 | Financial Impact Estimating Conference for certain |
| 19 | purposes; specifying principals of the conference; |
| 20 | revising criteria for financial impact statements; |
| 21 | providing for redrafting of such statements by the |
| 22 | conference under certain circumstances; requiring the |
| 23 | conference to draft an initiative financial information |
| 24 | statement; specifying statement requirements; requiring |
| 25 | the Department of State to print and furnish copies of a |
| 26 | summary of such statement to supervisors of elections; |
| 27 | requiring supervisors of elections to include the summary |
| 28 | with certain required mailings; requiring the Secretary of |
| 29 | State and the Office of Economic and Demographic Research |
| 30 | to make such statement available online; amending s. |
| 31 | 101.161, F.S.; requiring constitutional amendments |
| 32 | proposed by initiative to include a financial impact |
| 33 | statement following the ballot summary; amending s. |
| 34 | 216.136, F.S.; to conform; repealing s. 100.381, F.S., |
| 35 | relating to fiscal impact statements for constitutional |
| 36 | amendments or revisions other than initiatives; providing |
| 37 | an effective date. |
| 38 |
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| 39 | Be It Enacted by the Legislature of the State of Florida: |
| 40 |
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| 41 | Section 1. Section 15.21, Florida Statutes, is amended to |
| 42 | read: |
| 43 | 15.21 Initiative petitions; s. 3, Art. XI, State |
| 44 | Constitution.--The Secretary of State shall immediately submit |
| 45 | an initiative petition to the Attorney General and to the |
| 46 | Financial Impact Revenue Estimating Conference if the sponsor |
| 47 | has: |
| 48 | (1) Registered as a political committee pursuant to s. |
| 49 | 106.03; |
| 50 | (2) Submitted the ballot title, substance, and text of the |
| 51 | proposed revision or amendment to the Secretary of State |
| 52 | pursuant to ss. 100.371 and 101.161; and |
| 53 | (3) Obtained a letter from the Division of Elections |
| 54 | confirming that the sponsor has submitted to the appropriate |
| 55 | supervisors for verification, and the supervisors have verified, |
| 56 | forms signed and dated equal to 10 percent of the number of |
| 57 | electors statewide and in at least one-fourth of the |
| 58 | congressional districts required by s. 3, Art. XI of the State |
| 59 | Constitution. |
| 60 | Section 2. Section 16.061, Florida Statutes, is amended to |
| 61 | read: |
| 62 | 16.061 Initiative petitions Proposed constitutional |
| 63 | revisions or amendments.-- |
| 64 | (1) The Attorney General shall, within 30 days after |
| 65 | receipt of a proposed revision or amendment to the State |
| 66 | Constitution by initiative petition from the Secretary of State, |
| 67 | petition the Supreme Court, requesting an advisory opinion |
| 68 | regarding the compliance of the text of the proposed amendment |
| 69 | or revision with s. 3, Art. XI of the State Constitution and the |
| 70 | compliance of the proposed ballot title and substance with s. |
| 71 | 101.161. The Attorney General shall, within 30 days after |
| 72 | receipt of the initiative petition's financial impact statement |
| 73 | or revised financial impact statement from the Financial Impact |
| 74 | Estimating Conference, or immediately after receipt if received |
| 75 | less than 120 days before the election at which the question of |
| 76 | ratifying the amendment will be presented, petition the Supreme |
| 77 | Court requesting an advisory opinion regarding compliance of the |
| 78 | statement with s. 100.371(6) and the compliance of the fiscal |
| 79 | impact statement with ss. 100.371 and 101.161. For all other |
| 80 | proposed revisions or amendments to the State Constitution, the |
| 81 | Attorney General shall, upon the Revenue Estimating Conference |
| 82 | finalizing the fiscal impact statement, petition the Supreme |
| 83 | Court requesting an advisory opinion regarding compliance of the |
| 84 | text of the fiscal impact statement with ss. 100.371, 100.381, |
| 85 | and 101.161. The petition may enumerate any specific factual |
| 86 | issues which the Attorney General believes would require a |
| 87 | judicial determination. |
| 88 | (2) A copy of the petition shall be provided to the |
| 89 | Secretary of State and the principal officer of the sponsor. |
| 90 | (3) Any financial fiscal impact statement that the court |
| 91 | finds not to be in accordance with s. 100.371, s. 100.381, or s. |
| 92 | 101.161 shall be remanded solely to the Financial Impact Revenue |
| 93 | Estimating Conference for redrafting. |
| 94 | Section 3. Subsection (6) of section 100.371, Florida |
| 95 | Statutes, is amended to read: |
| 96 | 100.371 Initiatives; procedure for placement on ballot.-- |
| 97 | (6)(a) Within 45 days after receipt of a proposed revision |
| 98 | or amendment to the State Constitution by initiative petition |
| 99 | from the Secretary of State or, within 30 days after such |
| 100 | receipt if receipt occurs 120 days or less before the election |
| 101 | at which the question of ratifying the amendment will be |
| 102 | presented for any initiative approved by the Florida Supreme |
| 103 | Court for the general election ballot for 2002, within 45 days |
| 104 | after the effective date of this subsection, whichever occurs |
| 105 | later, the Financial Impact Revenue Estimating Conference shall |
| 106 | complete an analysis and financial fiscal impact statement to be |
| 107 | placed on the ballot of the estimated increase or decrease in |
| 108 | any revenues or costs to state or local governments resulting |
| 109 | from the proposed initiative. The Financial Impact Estimating |
| 110 | Conference shall submit the financial impact statement to the |
| 111 | Attorney General and the Secretary of State. |
| 112 | (b)1. The Financial Impact Revenue Estimating Conference |
| 113 | shall provide an opportunity for any proponents or opponents of |
| 114 | the initiative to submit information and may solicit information |
| 115 | or analysis from any other entities or agencies, including the |
| 116 | Office of Economic and Demographic Research. All meetings of the |
| 117 | Financial Impact Estimating Conference shall be open to the |
| 118 | public as provided in chapter 286. |
| 119 | 2. The Financial Impact Estimating Conference is |
| 120 | established to review, analyze, and estimate the financial |
| 121 | impact of amendments to or revisions of the State Constitution |
| 122 | proposed by initiative. The principals of the Financial Impact |
| 123 | Estimating Conference shall be the Executive Office of the |
| 124 | Governor, the coordinator of the Office of Economic and |
| 125 | Demographic Research, and professional staff of the Senate and |
| 126 | House of Representatives who have appropriate expertise in the |
| 127 | subject matter of the initiative, or their designees. A |
| 128 | Financial Impact Estimating Conference may be appointed for each |
| 129 | initiative. |
| 130 | 3.(b)1. Principals Members of the Financial Impact Revenue |
| 131 | Estimating Conference shall reach a consensus or majority |
| 132 | concurrence on a clear and unambiguous financial fiscal impact |
| 133 | statement, no more than 100 50 words in length. Nothing in this |
| 134 | subsection prohibits the Financial Impact Revenue Estimating |
| 135 | Conference from setting forth a range of potential impacts in |
| 136 | the financial fiscal impact statement. Any financial fiscal |
| 137 | impact statement that a court finds not to be in accordance with |
| 138 | this section, s. 100.381, or s. 101.161 shall be remanded solely |
| 139 | to the Financial Impact Revenue Estimating Conference for |
| 140 | redrafting. The Financial Impact Revenue Estimating Conference |
| 141 | shall redraft the financial fiscal impact statement within 15 |
| 142 | days. |
| 143 | 4.2. If the principals members of the Financial Impact |
| 144 | Revenue Estimating Conference are unable to agree on the |
| 145 | statement required by this subsection, the following statement |
| 146 | shall appear on the ballot pursuant to s. 101.161(1): "The |
| 147 | financial fiscal impact of this measure, if any, cannot be |
| 148 | reasonably determined at this time." |
| 149 | (c) The financial fiscal impact statement must be |
| 150 | separately contained and be set forth after the ballot summary |
| 151 | as required in s. 101.161(1). |
| 152 | (d)1. In addition to the financial impact statement |
| 153 | required by paragraph (a), the Financial Impact Estimating |
| 154 | Conference shall draft an initiative financial information |
| 155 | statement. The initiative financial information statement must |
| 156 | describe in greater detail than the financial impact statement |
| 157 | any projected increase or decrease in revenues, costs, |
| 158 | expenditures, or indebtedness that the state would likely |
| 159 | experience if the ballot measure were approved by state voters. |
| 160 | Where appropriate, the initiative financial information |
| 161 | statement may include both estimated dollar amounts and a |
| 162 | description placing the estimated dollar amounts into context. |
| 163 | The initiative financial information statement must include both |
| 164 | a summary of not more than 500 words and more detailed |
| 165 | information that includes the assumptions that were made to |
| 166 | develop the financial impacts, work papers, and any other |
| 167 | information deemed relevant by the Financial Impact Estimating |
| 168 | Conference. |
| 169 | 2. The Department of State shall have printed, and shall |
| 170 | furnish to each supervisor of elections, a copy of the summary |
| 171 | from the initiative financial information statement. The |
| 172 | supervisors shall include the summary from the initiative |
| 173 | financial information statement with the publication or mailing |
| 174 | required by s. 101.20. |
| 175 | 3. The Secretary of State and the Office of Economic and |
| 176 | Demographic Research shall make available online the entire |
| 177 | initiative financial information statement. |
| 178 | Section 4. Subsection (1) of section 101.161, Florida |
| 179 | Statutes, is amended to read: |
| 180 | 101.161 Referenda; ballots.-- |
| 181 | (1) Whenever a constitutional amendment or other public |
| 182 | measure is submitted to the vote of the people, the substance of |
| 183 | such amendment or other public measure shall be printed in clear |
| 184 | and unambiguous language on the ballot after the list of |
| 185 | candidates, followed by the word "yes" and also by the word |
| 186 | "no," and shall be styled in such a manner that a "yes" vote |
| 187 | will indicate approval of the proposal and a "no" vote will |
| 188 | indicate rejection. The wording of the substance of the |
| 189 | amendment or other public measure and the ballot title to appear |
| 190 | on the ballot shall be embodied in the joint resolution, |
| 191 | constitutional revision commission proposal, constitutional |
| 192 | convention proposal, taxation and budget reform commission |
| 193 | proposal, or enabling resolution or ordinance. Except for |
| 194 | amendments and ballot language proposed by joint resolution, the |
| 195 | substance of the amendment or other public measure shall be an |
| 196 | explanatory statement, not exceeding 75 words in length, of the |
| 197 | chief purpose of the measure. In addition, for any amendment |
| 198 | proposed by initiative, the ballot shall include, following the |
| 199 | ballot summary, a separate financial fiscal impact statement |
| 200 | concerning the measure prepared by the Financial Impact Revenue |
| 201 | Estimating Conference in accordance with s. 100.371(6) or s. |
| 202 | 100.381. The ballot title shall consist of a caption, not |
| 203 | exceeding 15 words in length, by which the measure is commonly |
| 204 | referred to or spoken of. |
| 205 | Section 5. Paragraph (a) of subsection (3) of section |
| 206 | 216.136, Florida Statutes, is amended to read: |
| 207 | 216.136 Consensus estimating conferences; duties and |
| 208 | principals.-- |
| 209 | (3) REVENUE ESTIMATING CONFERENCE.-- |
| 210 | (a) Duties.--The Revenue Estimating Conference shall |
| 211 | develop such official information with respect to anticipated |
| 212 | state and local government revenues as the conference determines |
| 213 | is needed for the state planning and budgeting system. Any |
| 214 | principal may request the conference to review and estimate |
| 215 | revenues for any trust fund. Also, the conference shall prepare |
| 216 | fiscal impact statements for constitutional amendments pursuant |
| 217 | to s. 100.371(6). |
| 218 | Section 6. Section 100.381, Florida Statutes, is repealed. |
| 219 | Section 7. This act shall take effect upon becoming a law. |