Senate Bill sb2022c1

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    Florida Senate - 2005                           CS for SB 2022

    By the Committee on Ethics and Elections; and Senator Posey





    582-1941-05

  1                      A bill to be entitled

  2         An act relating to constitutional amendments;

  3         amending s. 16.061, F.S.; requiring the

  4         Attorney General to petition the Supreme Court

  5         regarding compliance of financial impact

  6         statements; amending s. 100.371, F.S.;

  7         requiring initiative petitions to be filed by

  8         February 1 of a general election year in order

  9         to be placed on the ballot; providing an

10         effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Section 16.061, Florida Statutes, is

15  amended to read:

16         16.061  Initiative petitions.--

17         (1)  The Attorney General shall, within 30 days after

18  receipt of a proposed revision or amendment to the State

19  Constitution by initiative petition from the Secretary of

20  State, petition the Supreme Court, requesting an advisory

21  opinion regarding the compliance of the text of the proposed

22  amendment or revision with s. 3, Art. XI of the State

23  Constitution and the compliance of the proposed ballot title

24  and substance with s. 101.161. The Attorney General shall,

25  within 30 days after receipt of an initiative petition's

26  financial impact statement or revised financial impact

27  statement from the Financial Impact Estimating Conference,

28  petition the Supreme Court requesting an advisory opinion

29  regarding the compliance of the statement with s. 100.371(6).

30  The petitions petition may enumerate any specific factual

31  

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    Florida Senate - 2005                           CS for SB 2022
    582-1941-05




 1  issues that the Attorney General believes would require a

 2  judicial determination.

 3         (2)  A copy of each the petition shall be provided to

 4  the Secretary of State and the principal officer of the

 5  sponsor.

 6         (3)  Any financial fiscal impact statement that the

 7  court finds not to be in accordance with s. 100.371 shall be

 8  remanded solely to the Financial Impact Estimating Conference

 9  for redrafting.

10         Section 2.  Subsections (1), (2), and (6) of section

11  100.371, Florida Statutes, are amended to read:

12         100.371  Initiatives; procedure for placement on

13  ballot.--

14         (1)  Constitutional amendments proposed by initiative

15  shall be placed on the ballot for the general election if an

16  initiative petition is filed with the Secretary of State by

17  February 1 of the year in which the general election is to be

18  held occurring in excess of 90 days from the certification of

19  ballot position by the Secretary of State.

20         (2)  Certification of ballot position Such

21  certification shall be issued when the Secretary of State has

22  received verification certificates from the supervisors of

23  elections indicating that the requisite number and

24  distribution of valid signatures of electors have been

25  submitted to and verified by the supervisors. Every signature

26  shall be dated when made and shall be valid for a period of 4

27  years following such date, provided all other requirements of

28  law are satisfied complied with.

29         (6)(a)  Within 45 days after receipt of a proposed

30  revision or amendment to the State Constitution by initiative

31  petition from the Secretary of State or, within 30 days after

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    Florida Senate - 2005                           CS for SB 2022
    582-1941-05




 1  such receipt if receipt occurs 120 days or less before the

 2  election at which the question of ratifying the amendment will

 3  be presented, the Financial Impact Estimating Conference shall

 4  complete an analysis and financial impact statement to be

 5  placed on the ballot of the estimated increase or decrease in

 6  any revenues or costs to state or local governments resulting

 7  from the proposed initiative. The Financial Impact Estimating

 8  Conference shall submit the financial impact statement to the

 9  Attorney General and Secretary of State.

10         (b)1.  The Financial Impact Estimating Conference shall

11  provide an opportunity for any proponents or opponents of the

12  initiative to submit information and may solicit information

13  or analysis from any other entities or agencies, including the

14  Office of Economic and Demographic Research. All meetings of

15  the Financial Impact Estimating Conference shall be open to

16  the public as provided in chapter 286.

17         2.  The Financial Impact Estimating Conference is

18  established to review, analyze, and estimate the financial

19  impact of amendments to or revisions of the State Constitution

20  proposed by initiative. The Financial Impact Estimating

21  Conference shall consist of four principals: one person from

22  the Executive Office of the Governor; the coordinator of the

23  Office of Economic and Demographic Research, or his or her

24  designee; one person from the professional staff of the

25  Senate; and one person from the professional staff of the

26  House of Representatives. Each principal shall have

27  appropriate fiscal expertise in the subject matter of the

28  initiative. A Financial Impact Estimating Conference may be

29  appointed for each initiative.

30         3.  Principals of the Financial Impact Estimating

31  Conference shall reach a consensus or majority concurrence on

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    Florida Senate - 2005                           CS for SB 2022
    582-1941-05




 1  a clear and unambiguous financial impact statement, no more

 2  than 75 words in length, and immediately submit the statement

 3  to the Attorney General. Nothing in this subsection prohibits

 4  the Financial Impact Estimating Conference from setting forth

 5  a range of potential impacts in the financial impact

 6  statement. Any financial impact statement that a court finds

 7  not to be in accordance with this section shall be remanded

 8  solely to the Financial Impact Estimating Conference for

 9  redrafting. The Financial Impact Estimating Conference shall

10  redraft the financial impact statement within 15 days.

11         4.  If the members of the Financial Impact Estimating

12  Conference are unable to agree on the statement required by

13  this subsection, or if the Supreme Court has rejected the

14  initial submission by the Financial Impact Estimating

15  Conference and no redraft has been approved by the Supreme

16  Court by 5 p.m. on the 75th day before the election, the

17  following statement shall appear on the ballot pursuant to s.

18  101.161(1): "The financial impact of this measure, if any,

19  cannot be reasonably determined at this time."

20         (c)  The financial impact statement must be separately

21  contained and be set forth after the ballot summary as

22  required in s. 101.161(1).

23         (d)1.  Any financial impact statement that the Supreme

24  Court finds not to be in accordance with this subsection shall

25  be remanded solely to the Financial Impact Estimating

26  Conference for redrafting, provided the court's advisory

27  opinion is rendered at least 75 days before the election at

28  which the question of ratifying the amendment will be

29  presented. The Financial Impact Estimating Conference shall

30  prepare and adopt a revised financial impact statement no

31  

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    Florida Senate - 2005                           CS for SB 2022
    582-1941-05




 1  later than 5 p.m. on the 15th day after the date of the

 2  court's opinion.

 3         2.  If, by 5 p.m. on the 75th day before the election,

 4  the Supreme Court has not issued an advisory opinion on the

 5  initial financial impact statement prepared by the Financial

 6  Impact Estimating Conference for an initiative amendment that

 7  otherwise meets the legal requirements for ballot placement,

 8  the financial impact statement shall be deemed approved for

 9  placement on the ballot.

10         3.  In addition to the financial impact statement

11  required by this subsection, the Financial Impact Estimating

12  Conference shall draft an initiative financial information

13  statement. The initiative financial information statement

14  should describe in greater detail than the financial impact

15  statement any projected increase or decrease in revenues or

16  costs that the state or local governments would likely

17  experience if the ballot measure were approved. If

18  appropriate, the initiative financial information statement

19  may include both estimated dollar amounts and a description

20  placing the estimated dollar amounts into context. The

21  initiative financial information statement must include both a

22  summary of not more than 500 words and additional detailed

23  information that includes the assumptions that were made to

24  develop the financial impacts, workpapers, and any other

25  information deemed relevant by the Financial Impact Estimating

26  Conference.

27         4.  The Department of State shall have printed, and

28  shall furnish to each supervisor of elections, a copy of the

29  summary from the initiative financial information statements.

30  The supervisors shall have the summary from the initiative

31  financial information statements available at each polling

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    Florida Senate - 2005                           CS for SB 2022
    582-1941-05




 1  place and at the main office of the supervisor of elections

 2  upon request.

 3         5.  The Secretary of State and the Office of Economic

 4  and Demographic Research shall make available on the Internet

 5  each initiative financial information statement in its

 6  entirety. In addition, each supervisor of elections whose

 7  office has a website shall post the summary from each

 8  initiative financial information statement on the website.

 9  Each supervisor shall include the Internet addresses for the

10  information statements on the Secretary of State's and the

11  Office of Economic and Demographic Research's websites in the

12  publication or mailing required by s. 101.20.

13         Section 3.  This act shall take effect upon becoming a

14  law.

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                         Senate Bill 2022

18                                 

19  Committee Substitute for Senate Bill 2022 requires the
    Attorney General to petition the Supreme Court for an advisory
20  opinion on the legality of an initiative petition's financial
    impact statement.  The bill also implements Amendment 2,
21  passed in 2004, requiring initiative petitions to be filed
    with Secretary of State by February 1 of the year of a general
22  election.

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