| 1 | The State Administration Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to constitutional amendments; amending s. |
| 7 | 16.061, F.S.; requiring the Attorney General to provide to |
| 8 | the Secretary of State and sponsor a copy of the petition |
| 9 | to the Supreme Court requesting an advisory opinion as to |
| 10 | the validity of an initiative petition; requiring the |
| 11 | Supreme Court to render certain advisory opinions by April |
| 12 | 1 of a general election year; amending s. 100.371, F.S.; |
| 13 | requiring initiative petitions to be filed by February 1 |
| 14 | of a general election year in order to be placed on the |
| 15 | ballot; requiring financial impact statements to include |
| 16 | certain information; revising submission requirements of |
| 17 | the Financial Impact Estimating Conference; permitting |
| 18 | challenge of financial impact statements in circuit court; |
| 19 | providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Section 16.061, Florida Statutes, is amended to |
| 24 | read: |
| 25 | 16.061 Initiative petitions.-- |
| 26 | (1) The Attorney General shall, within 30 days after |
| 27 | receipt of a proposed revision or amendment to the State |
| 28 | Constitution by initiative petition from the Secretary of State, |
| 29 | petition the Supreme Court, requesting an advisory opinion |
| 30 | regarding the compliance of the text of the proposed amendment |
| 31 | or revision with s. 3, Art. XI of the State Constitution and the |
| 32 | compliance of the proposed ballot title and substance with s. |
| 33 | 101.161. The petition may enumerate any specific factual issues |
| 34 | that the Attorney General believes would require a judicial |
| 35 | determination. A copy of the petition shall be provided to the |
| 36 | Secretary of State and the principal officer of the sponsor. |
| 37 | (2) The Supreme Court shall render its advisory opinion |
| 38 | pursuant to subsection (1) by April 1 of the year in which the |
| 39 | general election is to be held. If no opinion has been rendered |
| 40 | by this date, the initiative petition shall be deemed valid and |
| 41 | approved for placement on the ballot A copy of the petition |
| 42 | shall be provided to the Secretary of State and the principal |
| 43 | officer of the sponsor. |
| 44 | (3) Any fiscal impact statement that the court finds not |
| 45 | to be in accordance with s. 100.371 shall be remanded solely to |
| 46 | the Financial Impact Estimating Conference for redrafting. |
| 47 | Section 2. Subsections (1), (2), and (6) of section |
| 48 | 100.371, Florida Statutes, are amended to read: |
| 49 | 100.371 Initiatives; procedure for placement on ballot.-- |
| 50 | (1) Constitutional amendments proposed by initiative shall |
| 51 | be placed on the ballot for the general election provided that |
| 52 | an initiative petition is filed with the Secretary of State by |
| 53 | February 1 of the year in which the general election is to be |
| 54 | held occurring in excess of 90 days from the certification of |
| 55 | ballot position by the Secretary of State. |
| 56 | (2) Certification of ballot position Such certification |
| 57 | shall be issued when the Secretary of State has received |
| 58 | verification certificates from the supervisors of elections |
| 59 | indicating that the requisite number and distribution of valid |
| 60 | signatures of electors have been submitted to and verified by |
| 61 | the supervisors. Every signature shall be dated when made and |
| 62 | shall be valid for a period of 4 years following such date, |
| 63 | provided all other requirements of law are satisfied complied |
| 64 | with. |
| 65 | (6)(a) Within 45 days after receipt of a proposed revision |
| 66 | or amendment to the State Constitution by initiative petition |
| 67 | from the Secretary of State or, within 30 days after such |
| 68 | receipt if receipt occurs 120 days or less before the election |
| 69 | at which the question of ratifying the amendment will be |
| 70 | presented, the Financial Impact Estimating Conference shall |
| 71 | complete an analysis and financial impact statement to be placed |
| 72 | on the ballot of the probable financial impact of the |
| 73 | initiative. The probable financial impact of the initiative |
| 74 | shall include any estimated increase or decrease in any revenues |
| 75 | or costs to state or local governments resulting from the full |
| 76 | implementation of the proposed initiative, including those |
| 77 | resulting from the enactment, revision, or repeal of associated |
| 78 | or implementing legislation by state and local governments, and |
| 79 | from the exercise of any expanded authority or discretion that |
| 80 | would be granted to any entity by the passage and full |
| 81 | implementation of the proposed initiative. The Financial Impact |
| 82 | Estimating Conference shall submit the financial impact |
| 83 | statement to the Attorney General and Secretary of State. |
| 84 | (b)1. The Financial Impact Estimating Conference shall |
| 85 | provide an opportunity for any proponents or opponents of the |
| 86 | initiative to submit information and may solicit information or |
| 87 | analysis from any other entities or agencies, including the |
| 88 | Office of Economic and Demographic Research. All meetings of the |
| 89 | Financial Impact Estimating Conference shall be open to the |
| 90 | public as provided in chapter 286. |
| 91 | 2. The Financial Impact Estimating Conference is |
| 92 | established to review, analyze, and estimate the financial |
| 93 | impact of amendments to or revisions of the State Constitution |
| 94 | proposed by initiative. The Financial Impact Estimating |
| 95 | Conference shall consist of four principals: one person from the |
| 96 | Executive Office of the Governor; the coordinator of the Office |
| 97 | of Economic and Demographic Research, or his or her designee; |
| 98 | one person from the professional staff of the Senate; and one |
| 99 | person from the professional staff of the House of |
| 100 | Representatives. Each principal shall have appropriate fiscal |
| 101 | expertise in the subject matter of the initiative. A Financial |
| 102 | Impact Estimating Conference may be appointed for each |
| 103 | initiative. |
| 104 | 3. Principals of the Financial Impact Estimating |
| 105 | Conference shall reach a consensus or majority concurrence on a |
| 106 | clear and unambiguous financial impact statement, no more than |
| 107 | 75 words in length, and immediately submit the statement to the |
| 108 | Secretary of State Attorney General. Nothing in this subsection |
| 109 | prohibits the Financial Impact Estimating Conference from |
| 110 | setting forth a range of potential impacts in the financial |
| 111 | impact statement. The sponsor or any elector may challenge the |
| 112 | financial impact statement in court by filing an appropriate |
| 113 | petition in the Second Judicial Circuit Court, in and for Leon |
| 114 | County, within 30 days after the submission of the financial |
| 115 | impact statement to the Secretary of State. The circuit court |
| 116 | shall hear and decide the case expeditiously in light of |
| 117 | subparagraph (d)2. Any financial impact statement that a court |
| 118 | finds not to be in accordance with this section shall be |
| 119 | remanded solely to the Financial Impact Estimating Conference |
| 120 | for redrafting. The Financial Impact Estimating Conference shall |
| 121 | redraft the financial impact statement within 15 days. |
| 122 | 4. If the members of the Financial Impact Estimating |
| 123 | Conference are unable to agree on the statement required by this |
| 124 | subsection, or if a the Supreme court in a final order has |
| 125 | rejected the initial submission by the Financial Impact |
| 126 | Estimating Conference and no redraft has been approved by the |
| 127 | Supreme court by April 1 of the year in which the general |
| 128 | election is to be held 5 p.m. on the 75th day before the |
| 129 | election, the following statement shall appear on the ballot |
| 130 | pursuant to s. 101.161(1): "The financial impact of this |
| 131 | measure, if any, cannot be reasonably determined at this time." |
| 132 | (c) The financial impact statement must be separately |
| 133 | contained and be set forth after the ballot summary as required |
| 134 | in s. 101.161(1). |
| 135 | (d)1. Any financial impact statement that a the Supreme |
| 136 | court in a final order finds not to be in accordance with this |
| 137 | subsection shall be remanded solely to the Financial Impact |
| 138 | Estimating Conference for redrafting, provided the court's |
| 139 | decision advisory opinion is rendered by April 1 of the year in |
| 140 | which the general election is to be held at least 75 days before |
| 141 | the election at which the question of ratifying the amendment |
| 142 | will be presented. The Financial Impact Estimating Conference |
| 143 | shall prepare and adopt a revised financial impact statement no |
| 144 | later than 5 p.m. on the 15th day after the date of the court's |
| 145 | opinion. |
| 146 | 2. If, by 5 p.m. on April 1 of the year in which the |
| 147 | general election is to be held, no court has determined the |
| 148 | initial financial impact statement not to be in accordance with |
| 149 | this subsection the 75th day before the election, the Supreme |
| 150 | Court has not issued an advisory opinion on the initial |
| 151 | financial impact statement prepared by the Financial Impact |
| 152 | Estimating Conference for an initiative amendment that otherwise |
| 153 | meets the legal requirements for ballot placement, the financial |
| 154 | impact statement shall be deemed approved for placement on the |
| 155 | ballot. |
| 156 | 3. In addition to the financial impact statement required |
| 157 | by this subsection, the Financial Impact Estimating Conference |
| 158 | shall draft an initiative financial information statement. The |
| 159 | initiative financial information statement should describe in |
| 160 | greater detail than the financial impact statement any projected |
| 161 | increase or decrease in revenues or costs that the state or |
| 162 | local governments would likely experience if the ballot measure |
| 163 | were approved. If appropriate, the initiative financial |
| 164 | information statement may include both estimated dollar amounts |
| 165 | and a description placing the estimated dollar amounts into |
| 166 | context. The initiative financial information statement must |
| 167 | include both a summary of not more than 500 words and additional |
| 168 | detailed information that includes the assumptions that were |
| 169 | made to develop the financial impacts, workpapers, and any other |
| 170 | information deemed relevant by the Financial Impact Estimating |
| 171 | Conference. |
| 172 | 4. The Department of State shall have printed, and shall |
| 173 | furnish to each supervisor of elections, a copy of the summary |
| 174 | from the initiative financial information statements. The |
| 175 | supervisors shall have the summary from the initiative financial |
| 176 | information statements available at each polling place and at |
| 177 | the main office of the supervisor of elections upon request. |
| 178 | 5. The Secretary of State and the Office of Economic and |
| 179 | Demographic Research shall make available on the Internet each |
| 180 | initiative financial information statement in its entirety. In |
| 181 | addition, each supervisor of elections whose office has a |
| 182 | website shall post the summary from each initiative financial |
| 183 | information statement on the website. Each supervisor shall |
| 184 | include the Internet addresses for the information statements on |
| 185 | the Secretary of State's and the Office of Economic and |
| 186 | Demographic Research's websites in the publication or mailing |
| 187 | required by s. 101.20. |
| 188 | Section 3. This act shall take effect upon becoming a law. |