HB 1743

1
A bill to be entitled
2An act relating to financial impact statements for
3proposed constitutional amendments; amending s. 15.21,
4F.S.; requiring the Secretary of State to submit certain
5proposed constitutional amendments to the Financial Impact
6Estimating Conference; amending s. 16.061, F.S.; requiring
7the Attorney General to petition the Supreme Court for an
8advisory opinion of certain financial impact statements;
9deleting duties of the Attorney General with respect to
10constitutional amendments proposed other than by
11initiative; conforming provisions to changes made by the
12act; amending s. 100.371, F.S.; requiring the Financial
13Impact Estimating Conference to complete a financial
14impact statement for certain purposes; requiring the
15conference to submit the statement to the Attorney General
16and the Secretary of State; requiring meetings of the
17conference to be open to the public; establishing the
18Financial Impact Estimating Conference for certain
19purposes; specifying principals of the conference;
20revising criteria for financial impact statements;
21providing for remand and redrafting of financial impact
22statements found by the Supreme Court to be not in
23compliance; providing for redrafting of such statements by
24the conference under certain circumstances; providing for
25revised financial impact statements under certain
26circumstances; specifying approval of financial impact
27statements for which the Supreme Court has not issued an
28advisory opinion of approval by a time certain; requiring
29the conference to draft an initiative financial
30information statement and summary; specifying statement
31requirements; requiring the Department of State to print
32and furnish copies of a summary of such statement to
33supervisors of elections; requiring supervisors of
34elections to make such summaries available at polling
35places; requiring the Secretary of State and the Office of
36Economic and Demographic Research to make such statement
37and summary available online; providing requirements;
38amending s. 101.161, F.S.; requiring constitutional
39amendments proposed by initiative to include a financial
40impact statement following the ballot summary; amending s.
41101.62, F.S., relating to absentee ballots, to conform;
42amending s. 216.136, F.S., relating to consensus
43estimating conferences, to conform; requiring the
44Secretary of State to submit to the Financial Impact
45Estimating Conference certain active initiative petitions;
46repealing s. 100.381, F.S., relating to fiscal impact
47statements for constitutional amendments or revisions
48other than initiatives; providing an effective date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  Section 15.21, Florida Statutes, is amended to
53read:
54     15.21  Initiative petitions; s. 3, Art. XI, State
55Constitution.--The Secretary of State shall immediately submit
56an initiative petition to the Attorney General and to the
57Financial Impact Revenue Estimating Conference if the sponsor
58has:
59     (1)  Registered as a political committee pursuant to s.
60106.03;
61     (2)  Submitted the ballot title, substance, and text of the
62proposed revision or amendment to the Secretary of State
63pursuant to ss. 100.371 and 101.161; and
64     (3)  Obtained a letter from the Division of Elections
65confirming that the sponsor has submitted to the appropriate
66supervisors for verification, and the supervisors have verified,
67forms signed and dated equal to 10 percent of the number of
68electors statewide and in at least one-fourth of the
69congressional districts required by s. 3, Art. XI of the State
70Constitution.
71     Section 2.  Section 16.061, Florida Statutes, is amended to
72read:
73     16.061  Initiative petitions Proposed constitutional
74revisions or amendments.--
75     (1)  The Attorney General shall, within 30 days after
76receipt of a proposed revision or amendment to the State
77Constitution by initiative petition from the Secretary of State,
78petition the Supreme Court, requesting an advisory opinion
79regarding the compliance of the text of the proposed amendment
80or revision with s. 3, Art. XI of the State Constitution and the
81compliance of the proposed ballot title and substance with s.
82101.161. The Attorney General shall, within 30 days after
83receipt of the initiative petition's financial impact statement
84or revised financial impact statement from the Financial Impact
85Estimating Conference, or immediately after receipt if received
86less than 120 days before the election at which the question of
87ratifying the amendment will be presented, petition the Supreme
88Court requesting an advisory opinion regarding compliance of the
89statement with s. 100.371(6) and the compliance of the fiscal
90impact statement with ss. 100.371 and 101.161. For all other
91proposed revisions or amendments to the State Constitution, the
92Attorney General shall, upon the Revenue Estimating Conference
93finalizing the fiscal impact statement, petition the Supreme
94Court requesting an advisory opinion regarding compliance of the
95text of the fiscal impact statement with ss. 100.371, 100.381,
96and 101.161. The petition may enumerate any specific factual
97issues which the Attorney General believes would require a
98judicial determination.
99     (2)  A copy of the petition shall be provided to the
100Secretary of State and the principal officer of the sponsor.
101     (3)  Any financial fiscal impact statement that the court
102finds not to be in accordance with s. 100.371, s. 100.381, or s.
103101.161 shall be remanded solely to the Financial Impact Revenue
104Estimating Conference for redrafting.
105     Section 3.  Subsections (6) and (7) of section 100.371,
106Florida Statutes, are amended to read:
107     100.371  Initiatives; procedure for placement on ballot.--
108     (6)(a)  Within 45 days after receipt of a proposed revision
109or amendment to the State Constitution by initiative petition
110from the Secretary of State or, within 30 days after such
111receipt if receipt occurs 120 days or less before the election
112at which the question of ratifying the amendment will be
113presented for any initiative approved by the Florida Supreme
114Court for the general election ballot for 2002, within 45 days
115after the effective date of this subsection, whichever occurs
116later, the Financial Impact Revenue Estimating Conference shall
117complete an analysis and financial fiscal impact statement to be
118placed on the ballot of the estimated increase or decrease in
119any revenues or costs to state or local governments resulting
120from the proposed initiative. The Financial Impact Estimating
121Conference shall submit the financial impact statement to the
122Attorney General and the Secretary of State.
123     (b)1.  The Financial Impact Revenue Estimating Conference
124shall provide an opportunity for any proponents or opponents of
125the initiative to submit information and may solicit information
126or analysis from any other entities or agencies, including the
127Office of Economic and Demographic Research. All meetings of the
128Financial Impact Estimating Conference shall be open to the
129public as provided in chapter 286.
130     2.  The Financial Impact Estimating Conference is
131established to review, analyze, and estimate the financial
132impact of amendments to or revisions of the State Constitution
133proposed by initiative. The Financial Impact Estimating
134Conference shall consist of four principals: one person from the
135Executive Office of the Governor, the coordinator of the Office
136of Economic and Demographic Research or his or her designee, one
137person from the professional staff of the Senate, and one person
138from the professional staff of the House of Representatives.
139Each principal must have appropriate expertise in the subject
140matter of the initiative. A Financial Impact Estimating
141Conference may be appointed for each initiative.
142     3.(b)1.  Principals Members of the Financial Impact Revenue
143Estimating Conference shall reach a consensus or majority
144concurrence on a clear and unambiguous financial fiscal impact
145statement, no more than 75 50 words in length and immediately
146submit the statement to the Attorney General. Nothing in this
147subsection prohibits the Financial Impact Revenue Estimating
148Conference from setting forth a range of potential impacts in
149the financial fiscal impact statement. Any financial fiscal
150impact statement that a court finds not to be in accordance with
151this section, s. 100.381, or s. 101.161 shall be remanded solely
152to the Financial Impact Revenue Estimating Conference for
153redrafting. The Financial Impact Revenue Estimating Conference
154shall redraft the financial fiscal impact statement within 15
155days.
156     4.2.  If the members of the Financial Impact Revenue
157Estimating Conference are unable to agree on the statement
158required by this subsection, the following statement shall
159appear on the ballot pursuant to s. 101.161(1): "The financial
160fiscal impact of this measure, if any, cannot be reasonably
161determined at this time."
162     (c)  The financial fiscal impact statement must be
163separately contained and be set forth after the ballot summary
164as required in s. 101.161(1).
165     (d)1.  Any financial impact statement that the Supreme
166Court finds to be not in accordance with this subsection shall
167be remanded solely to the Financial Impact Estimating Conference
168for redrafting, provided the court's advisory opinion is
169rendered at least 75 days before the election at which the
170question of ratifying the amendment will be presented. The
171Financial Impact Estimating Conference shall prepare and adopt a
172revised financial impact statement no later than 5 p.m. on the
17315th day after the date of the court's opinion.
174     2.  If, by 5 p.m. on the 55th day before the election, the
175Supreme Court has not issued an advisory opinion approving a
176financial impact statement prepared by the Financial Impact
177Estimating Conference for an initiative amendment that otherwise
178meets the legal requirements for ballot placement, the financial
179impact statement shall be deemed approved for placement on the
180ballot.
181     3.  In addition to the financial impact statement required
182by this subsection, the Financial Impact Estimating Conference
183shall draft an initiative financial information statement. The
184initiative financial information statement must describe in
185greater detail than the financial impact statement any projected
186increase or decrease in revenues or costs that the state would
187likely experience if the ballot measure were approved by state
188voters. If appropriate, the initiative financial information
189statement may include both estimated dollar amounts and a
190description placing the estimated dollar amounts into context.
191The initiative financial information statement must include both
192a summary of not more than 500 words and more detailed
193information that includes the assumptions that were made to
194develop the financial impacts, work papers, and any other
195information deemed relevant by the Financial Impact Estimating
196Conference.
197     4.  The Department of State shall have printed, and shall
198furnish to each supervisor of elections, a copy of the summary
199from the initiative financial information statement. The
200supervisors shall have the summary from the initiative financial
201information statement available at each polling place and at the
202main office of the supervisor of elections for review upon
203request.
204     5.  The Secretary of State and the Office of Economic and
205Demographic Research shall make available online the initiative
206financial information statement in its entirety. In addition,
207each supervisor of elections whose office has an Internet
208website shall post the summary from each initiative financial
209information statement on the website. Each supervisor shall
210include the Internet addresses for the information statements on
211the Secretary of State's and the Office of Economic and
212Demographic Research's websites in the publication or mailing
213required by s. 101.20.
214     (7)  The Department of State may adopt rules in accordance
215with s. 120.54 to carry out the provisions of subsections (1)-
216(5) of this section.
217     Section 4.  Subsection (1) of section 101.161, Florida
218Statutes, is amended to read:
219     101.161  Referenda; ballots.--
220     (1)  Whenever a constitutional amendment or other public
221measure is submitted to the vote of the people, the substance of
222such amendment or other public measure shall be printed in clear
223and unambiguous language on the ballot after the list of
224candidates, followed by the word "yes" and also by the word
225"no," and shall be styled in such a manner that a "yes" vote
226will indicate approval of the proposal and a "no" vote will
227indicate rejection. The wording of the substance of the
228amendment or other public measure and the ballot title to appear
229on the ballot shall be embodied in the joint resolution,
230constitutional revision commission proposal, constitutional
231convention proposal, taxation and budget reform commission
232proposal, or enabling resolution or ordinance. Except for
233amendments and ballot language proposed by joint resolution, the
234substance of the amendment or other public measure shall be an
235explanatory statement, not exceeding 75 words in length, of the
236chief purpose of the measure. In addition, for any amendment
237proposed by initiative, the ballot shall include, following the
238ballot summary, a separate financial fiscal impact statement
239concerning the measure prepared by the Financial Impact Revenue
240Estimating Conference in accordance with s. 100.371(6) or s.
241100.381. The ballot title shall consist of a caption, not
242exceeding 15 words in length, by which the measure is commonly
243referred to or spoken of.
244     Section 5.  Paragraph (a) of subsection (4) of section
245101.62, Florida Statutes, is amended to read:
246     101.62  Request for absentee ballots.--
247     (4)(a)  To each absent qualified elector overseas who has
248requested an absentee ballot, the supervisor of elections shall,
249not fewer than 35 days before the first primary election, mail
250an absentee ballot. Not fewer than 45 days before the second
251primary and general election, the supervisor of elections shall
252mail an advance absentee ballot to those persons requesting
253ballots for such elections. The advance absentee ballot for the
254second primary shall be the same as the first primary absentee
255ballot as to the names of candidates, except that for any
256offices where there are only two candidates, those offices and
257all political party executive committee offices shall be
258omitted. Except as provided in ss. s. 99.063(4) and 100.371(6),
259the advance absentee ballot for the general election shall be as
260specified in s. 101.151, except that in the case of candidates
261of political parties where nominations were not made in the
262first primary, the names of the candidates placing first and
263second in the first primary election shall be printed on the
264advance absentee ballot. The advance absentee ballot or advance
265absentee ballot information booklet shall be of a different
266color for each election and also a different color from the
267absentee ballots for the first primary, second primary, and
268general election. The supervisor shall mail an advance absentee
269ballot for the second primary and general election to each
270qualified absent elector for whom a request is received until
271the absentee ballots are printed. The supervisor shall enclose
272with the advance second primary absentee ballot and advance
273general election absentee ballot an explanation stating that the
274absentee ballot for the election will be mailed as soon as it is
275printed; and, if both the advance absentee ballot and the
276absentee ballot for the election are returned in time to be
277counted, only the absentee ballot will be counted. The
278Department of State may prescribe by rule the requirements for
279preparing and mailing absentee ballots to absent qualified
280electors overseas.
281     Section 6.  Paragraph (a) of subsection (3) of section
282216.136, Florida Statutes, is amended to read:
283     216.136  Consensus estimating conferences; duties and
284principals.--
285     (3)  REVENUE ESTIMATING CONFERENCE.--
286     (a)  Duties.--The Revenue Estimating Conference shall
287develop such official information with respect to anticipated
288state and local government revenues as the conference determines
289is needed for the state planning and budgeting system. Any
290principal may request the conference to review and estimate
291revenues for any trust fund. Also, the conference shall prepare
292fiscal impact statements for constitutional amendments pursuant
293to s. 100.371(6).
294     Section 7.  The Secretary of State shall immediately submit
295to the Financial Impact Estimating Conference any active
296initiative petition that met the requirements of s. 15.21,
297Florida Statutes, before the effective date of this act.
298     Section 8.  Section 100.381, Florida Statutes, is repealed.
299     Section 9.  This act shall take effect upon becoming a law.


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