HB 1743

1
A bill to be entitled
2An act relating to constitutional amendments; amending s.
316.061, F.S.; requiring the Attorney General to provide to
4the Secretary of State and sponsor a copy of the petition
5to the Supreme Court requesting an advisory opinion as to
6the validity of an initiative petition; requiring the
7Supreme Court to render certain advisory opinions by April
81 of a general election year; amending s. 100.371, F.S.;
9requiring initiative petitions to be filed by February 1
10of a general election year in order to be placed on the
11ballot; requiring financial impact statements to include
12certain information; revising submission requirements of
13the Financial Impact Estimating Conference; permitting
14challenge of financial impact statements in circuit court;
15providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 16.061, Florida Statutes, is amended to
20read:
21     16.061  Initiative petitions.--
22     (1)  The Attorney General shall, within 30 days after
23receipt of a proposed revision or amendment to the State
24Constitution by initiative petition from the Secretary of State,
25petition the Supreme Court, requesting an advisory opinion
26regarding the compliance of the text of the proposed amendment
27or revision with s. 3, Art. XI of the State Constitution and the
28compliance of the proposed ballot title and substance with s.
29101.161. The petition may enumerate any specific factual issues
30that the Attorney General believes would require a judicial
31determination. A copy of the petition shall be provided to the
32Secretary of State and the principal officer of the sponsor.
33     (2)  The Supreme Court shall render its advisory opinion
34pursuant to subsection (1) by April 1 of the year in which the
35general election is to be held. If no opinion has been rendered
36by this date, the initiative petition shall be deemed valid and
37approved for placement on the ballot A copy of the petition
38shall be provided to the Secretary of State and the principal
39officer of the sponsor.
40     (3)  Any fiscal impact statement that the court finds not
41to be in accordance with s. 100.371 shall be remanded solely to
42the Financial Impact Estimating Conference for redrafting.
43     Section 2.  Subsections (1), (2), and (6) of section
44100.371, Florida Statutes, are amended to read:
45     100.371  Initiatives; procedure for placement on ballot.--
46     (1)  Constitutional amendments proposed by initiative shall
47be placed on the ballot for the general election provided that
48an initiative petition is filed with the Secretary of State by
49February 1 of the year in which the general election is to be
50held occurring in excess of 90 days from the certification of
51ballot position by the Secretary of State.
52     (2)  Certification of ballot position Such certification
53shall be issued when the Secretary of State has received
54verification certificates from the supervisors of elections
55indicating that the requisite number and distribution of valid
56signatures of electors have been submitted to and verified by
57the supervisors. Every signature shall be dated when made and
58shall be valid for a period of 4 years following such date,
59provided all other requirements of law are satisfied complied
60with.
61     (6)(a)  Within 45 days after receipt of a proposed revision
62or amendment to the State Constitution by initiative petition
63from the Secretary of State or, within 30 days after such
64receipt if receipt occurs after January 1 of the year of 120
65days or less before the election at which the question of
66ratifying the amendment will appear on the ballot be presented,
67the Financial Impact Estimating Conference shall complete an
68analysis and financial impact statement to be placed on the
69ballot of the probable financial impact of the initiative. The
70probable financial impact of the initiative shall be the
71estimated increase or decrease in any revenues or costs to state
72or local governments resulting from the full implementation of
73the proposed initiative, including those resulting from the
74enactment, revision, or repeal of legislation by state and local
75governments that would be required to fully implement the
76initiative, and from the exercise of any expanded authority or
77discretion that would be granted to any entity by the passage
78and full implementation of the proposed initiative. The
79Financial Impact Estimating Conference shall submit the
80financial impact statement to the Attorney General and Secretary
81of State.
82     (b)1.  The Financial Impact Estimating Conference shall
83provide an opportunity for any proponents or opponents of the
84initiative to submit information and may solicit information or
85analysis from any other entities or agencies, including the
86Office of Economic and Demographic Research. All meetings of the
87Financial Impact Estimating Conference shall be open to the
88public as provided in chapter 286.
89     2.  The Financial Impact Estimating Conference is
90established to review, analyze, and estimate the financial
91impact of amendments to or revisions of the State Constitution
92proposed by initiative. The Financial Impact Estimating
93Conference shall consist of four principals: one person from the
94Executive Office of the Governor; the coordinator of the Office
95of Economic and Demographic Research, or his or her designee;
96one person from the professional staff of the Senate; and one
97person from the professional staff of the House of
98Representatives. Each principal shall have appropriate fiscal
99expertise in the subject matter of the initiative. A Financial
100Impact Estimating Conference may be appointed for each
101initiative.
102     3.  Principals of the Financial Impact Estimating
103Conference shall reach a consensus or majority concurrence on a
104clear and unambiguous financial impact statement, no more than
10575 words in length, and immediately submit the statement to the
106Secretary of State Attorney General. Nothing in this subsection
107prohibits the Financial Impact Estimating Conference from
108setting forth a range of potential impacts in the financial
109impact statement. The sponsor or any elector may challenge the
110financial impact statement in court by filing an appropriate
111petition in the Second Judicial Circuit Court, in and for Leon
112County, within 30 days after the submission of the financial
113impact statement to the Secretary of State. The circuit court
114shall hear and decide the case expeditiously in light of
115subparagraph (d)2. Any financial impact statement that a court
116finds not to be in accordance with this section shall be
117remanded solely to the Financial Impact Estimating Conference
118for redrafting. The Financial Impact Estimating Conference shall
119redraft the financial impact statement within 15 days.
120     4.  If the members of the Financial Impact Estimating
121Conference are unable to agree on the statement required by this
122subsection, or if a the Supreme court in a final order has
123rejected the initial submission by the Financial Impact
124Estimating Conference and no redraft has been approved by the
125Supreme court by April 1 of the year in which the general
126election is to be held 5 p.m. on the 75th day before the
127election, the following statement shall appear on the ballot
128pursuant to s. 101.161(1): "The financial impact of this
129measure, if any, cannot be reasonably determined at this time."
130     (c)  The financial impact statement must be separately
131contained and be set forth after the ballot summary as required
132in s. 101.161(1).
133     (d)1.  Any financial impact statement that a the Supreme
134court in a final order finds not to be in accordance with this
135subsection shall be remanded solely to the Financial Impact
136Estimating Conference for redrafting, provided the court's
137decision advisory opinion is rendered by April 1 of the year in
138which the general election is to be held at least 75 days before
139the election at which the question of ratifying the amendment
140will be presented. The Financial Impact Estimating Conference
141shall prepare and adopt a revised financial impact statement no
142later than 5 p.m. on the 15th day after the date of the court's
143opinion.
144     2.  If, by 5 p.m. on April 1 of the year in which the
145general election is to be held, no court has determined the
146initial financial impact statement not to be in accordance with
147this subsection the 75th day before the election, the Supreme
148Court has not issued an advisory opinion on the initial
149financial impact statement prepared by the Financial Impact
150Estimating Conference for an initiative amendment that otherwise
151meets the legal requirements for ballot placement, the financial
152impact statement shall be deemed approved for placement on the
153ballot.
154     3.  In addition to the financial impact statement required
155by this subsection, the Financial Impact Estimating Conference
156shall draft an initiative financial information statement. The
157initiative financial information statement should describe in
158greater detail than the financial impact statement any projected
159increase or decrease in revenues or costs that the state or
160local governments would likely experience if the ballot measure
161were approved. If appropriate, the initiative financial
162information statement may include both estimated dollar amounts
163and a description placing the estimated dollar amounts into
164context. The initiative financial information statement must
165include both a summary of not more than 500 words and additional
166detailed information that includes the assumptions that were
167made to develop the financial impacts, workpapers, and any other
168information deemed relevant by the Financial Impact Estimating
169Conference.
170     4.  The Department of State shall have printed, and shall
171furnish to each supervisor of elections, a copy of the summary
172from the initiative financial information statements. The
173supervisors shall have the summary from the initiative financial
174information statements available at each polling place and at
175the main office of the supervisor of elections upon request.
176     5.  The Secretary of State and the Office of Economic and
177Demographic Research shall make available on the Internet each
178initiative financial information statement in its entirety. In
179addition, each supervisor of elections whose office has a
180website shall post the summary from each initiative financial
181information statement on the website. Each supervisor shall
182include the Internet addresses for the information statements on
183the Secretary of State's and the Office of Economic and
184Demographic Research's websites in the publication or mailing
185required by s. 101.20.
186     Section 3.  This act shall take effect upon becoming a law.


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