Bill Text: FL S1494 | 2010 | Regular Session | Introduced

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Bill Title: Proposed Constitutional Amendments/Public Measures [WPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Ethics and Elections [S1494 Detail]

Download: Florida-2010-S1494-Introduced.html

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Florida Senate - 2010                                    SB 1494 
 
By Senator Deutch 
30-01040-10                                           20101494__ 
1                        A bill to be entitled 
2         An act relating to proposed constitutional amendments 
3         or other public measures; amending s. 101.151, F.S.; 
4         requiring ballots to include headings for amendments 
5         to the State Constitution and for other measures; 
6         requiring a financial impact statement to follow each 
7         citizen initiative to amend the State Constitution; 
8         amending s. 101.161, F.S.; requiring ballot summaries 
9         for constitutional amendments and other public 
10         measures to be written at the eighth grade reading 
11         level; authorizing the Department of State to define 
12         the term “eighth grade reading level” by rule; 
13         amending s. 100.371, F.S.; deleting provisions 
14         relating to financial impact statements for 
15         constitutional amendments and revisions proposed by 
16         initiative; creating s. 100.375, F.S.; requiring the 
17         Financial Impact Estimating Conference to provide a 
18         financial impact statement for amendments and 
19         revisions proposed by initiative or joint resolution; 
20         amending s. 16.061, F.S.; conforming a cross 
21         reference; providing for application of the act to 
22         proposed amendments to the State Constitution; 
23         providing an effective date. 
24 
25  Be It Enacted by the Legislature of the State of Florida: 
26 
27         Section 1. Subsection (2) of section 101.151, Florida 
28  Statutes, is amended to read: 
29         101.151 Specifications for ballots.— 
30         (2)(a) The ballot shall have headings for elective under 
31  which shall appear the names of the offices and other measures 
32  the names of the candidates for the respective offices in the 
33  following order: 
34         1. The heading “President and Vice President” followed by 
35  and thereunder the names of the candidates for President and 
36  Vice President of the United States nominated by the political 
37  party that received the highest vote for Governor in the last 
38  general election of the Governor in this state. Then shall 
39  appear the names of other candidates for President and Vice 
40  President of the United States who have been properly nominated. 
41  Then shall follow 
42         2. The heading “Congressional” and thereunder the offices 
43  of United States Senator and Representative in Congress.; then 
44         3. The heading “State” followed by and thereunder the 
45  offices of Governor and Lieutenant Governor, Attorney General, 
46  Chief Financial Officer, Commissioner of Agriculture, state 
47  attorney, and public defender, together with the names of the 
48  candidates for each office and the title of the office which 
49  they seek.; then 
50         4. The heading “Legislative” and thereunder the offices of 
51  state senator and state representative.; then 
52         5. The heading “County” followed by the names of the 
53  candidates for and thereunder clerk of the circuit court, clerk 
54  of the county court (when authorized by law), sheriff, property 
55  appraiser, tax collector, district superintendent of schools, 
56  and supervisor of elections. Following those county offices, the 
57  ballot shall list the candidates for Thereafter follows: members 
58  of the board of county commissioners, and such other county and 
59  district offices as are involved in the election, in the order 
60  fixed by the Department of State., followed, in the year of 
61  their election, by 
62         6. The heading “Party Offices,” followed by and thereunder 
63  the offices of state and county party executive committee 
64  members. 
65         7. The heading “Constitutional Amendments” followed by the 
66  ballot titles and ballot summaries of proposed amendments to the 
67  State Constitution in the order that designating numbers are 
68  assigned by the Secretary of State. Each amendment proposed by 
69  citizen initiative shall be followed by the financial impact 
70  statement prepared by the Financial Impact Estimating Conference 
71  pursuant to s. 100.375. 
72         8. The heading “Other Measures” followed by any measure 
73  other than an amendment to the State Constitution. 
74         (b) In a general election, in addition to the names printed 
75  on the ballot, a blank space shall be provided under each 
76  heading for an office for which a write-in candidate has 
77  qualified. With respect to write-in candidates, if two or more 
78  candidates are seeking election to one office, only one blank 
79  space shall be provided. 
80         (c)(b) When more than one candidate is nominated for 
81  office, the candidates for such office shall qualify and run in 
82  a group or district, and the group or district number shall be 
83  printed beneath the name of the office. Each nominee of a 
84  political party chosen in a primary shall appear on the general 
85  election ballot in the same numbered group or district as on the 
86  primary election ballot. 
87         (d)(c) If in any election all the offices as set forth in 
88  paragraph (a) are not involved, those offices not to be filled 
89  shall be omitted and the remaining offices shall be arranged on 
90  the ballot in the order named. 
91         Section 2. Subsections (1) and (2) of section 101.161, 
92  Florida Statutes, are amended and subsection (4) is added to 
93  that section to read: 
94         101.161 Referenda; ballots.— 
95         (1)(a) Whenever a constitutional amendment or other public 
96  measure is submitted to a vote of the electors, the ballot shall 
97  contain vote of the people, the ballot summary and ballot title 
98  for the substance of such amendment or other public measure. The 
99  ballot summary shall provide an explanatory statement of the 
100  chief purpose of the measure written shall be printed in clear 
101  and unambiguous language at the eighth grade reading level. The 
102  ballot summary on the ballot after the list of candidates, 
103  followed by the word “yes” and also by the word “no,” and shall 
104  be styled in such a manner that a “yes” vote will indicate 
105  approval of the proposal and a “no” vote will indicate 
106  rejection. The ballot title shall be a caption by which the 
107  measure is commonly known. 
108         (b) The ballot title and ballot summary for an wording of 
109  the substance of the amendment or other public measure and the 
110  ballot title to appear on the ballot shall be embodied in the 
111  joint resolution, constitutional revision commission proposal, 
112  constitutional convention proposal, taxation and budget reform 
113  commission proposal, or enabling resolution or ordinance. 
114         (c) Except for ballot summaries for amendments and ballot 
115  language proposed by joint resolution, the ballot summary for an 
116  substance of the amendment or other public measure may not 
117  exceed shall be an explanatory statement, not exceeding 75 words 
118  in length, of the chief purpose of the measure. A ballot title 
119  may not exceed 15 words. In addition, for every amendment 
120  proposed by initiative, the ballot shall include, following the 
121  ballot summary, a separate financial impact statement concerning 
122  the measure prepared by the Financial Impact Estimating 
123  Conference in accordance with s. 100.371(5). The ballot title 
124  shall consist of a caption, not exceeding 15 words in length, by 
125  which the measure is commonly referred to or spoken of. 
126         (2)(a) The substance and ballot title and ballot summary of 
127  a constitutional amendment proposed by initiative shall be 
128  prepared by the sponsor and approved by the Secretary of State 
129  in accordance with rules adopted pursuant to s. 120.54. 
130         (b) The Department of State shall give each proposed 
131  constitutional amendment a designating number for convenient 
132  reference. This number designation shall appear on the ballot. 
133  Designating numbers shall be assigned in the order of filing or 
134  certification and in accordance with rules adopted by the 
135  Department of State. The Department of State shall furnish the 
136  designating number, the ballot title, and the substance of each 
137  amendment to the supervisor of elections of each county in which 
138  such amendment is to be voted on. 
139         (4) The Department of State shall define the term “eighth 
140  grade reading level” by rule. 
141         Section 3. Subsections (5), (6), (7), and (8) of section 
142  100.371, Florida Statutes, are amended to read: 
143         100.371 Initiatives; procedure for placement on ballot.— 
144         (5)(a) Within 45 days after receipt of a proposed revision 
145  or amendment to the State Constitution by initiative petition 
146  from the Secretary of State, the Financial Impact Estimating 
147  Conference shall complete an analysis and financial impact 
148  statement to be placed on the ballot of the estimated increase 
149  or decrease in any revenues or costs to state or local 
150  governments resulting from the proposed initiative. The 
151  Financial Impact Estimating Conference shall submit the 
152  financial impact statement to the Attorney General and Secretary 
153  of State. 
154         (b) The Financial Impact Estimating Conference shall 
155  provide an opportunity for any proponents or opponents of the 
156  initiative to submit information and may solicit information or 
157  analysis from any other entities or agencies, including the 
158  Office of Economic and Demographic Research. 
159         (c) All meetings of the Financial Impact Estimating 
160  Conference shall be open to the public. The President of the 
161  Senate and the Speaker of the House of Representatives, jointly, 
162  shall be the sole judge for the interpretation, implementation, 
163  and enforcement of this subsection. 
164         1. The Financial Impact Estimating Conference is 
165  established to review, analyze, and estimate the financial 
166  impact of amendments to or revisions of the State Constitution 
167  proposed by initiative. The Financial Impact Estimating 
168  Conference shall consist of four principals: one person from the 
169  Executive Office of the Governor; the coordinator of the Office 
170  of Economic and Demographic Research, or his or her designee; 
171  one person from the professional staff of the Senate; and one 
172  person from the professional staff of the House of 
173  Representatives. Each principal shall have appropriate fiscal 
174  expertise in the subject matter of the initiative. A Financial 
175  Impact Estimating Conference may be appointed for each 
176  initiative. 
177         2. Principals of the Financial Impact Estimating Conference 
178  shall reach a consensus or majority concurrence on a clear and 
179  unambiguous financial impact statement, no more than 75 words in 
180  length, and immediately submit the statement to the Attorney 
181  General. Nothing in this subsection prohibits the Financial 
182  Impact Estimating Conference from setting forth a range of 
183  potential impacts in the financial impact statement. Any 
184  financial impact statement that a court finds not to be in 
185  accordance with this section shall be remanded solely to the 
186  Financial Impact Estimating Conference for redrafting. The 
187  Financial Impact Estimating Conference shall redraft the 
188  financial impact statement within 15 days. 
189         3. If the members of the Financial Impact Estimating 
190  Conference are unable to agree on the statement required by this 
191  subsection, or if the Supreme Court has rejected the initial 
192  submission by the Financial Impact Estimating Conference and no 
193  redraft has been approved by the Supreme Court by 5 p.m. on the 
194  75th day before the election, the following statement shall 
195  appear on the ballot pursuant to s. 101.161(1): “The financial 
196  impact of this measure, if any, cannot be reasonably determined 
197  at this time.” 
198         (d) The financial impact statement must be separately 
199  contained and be set forth after the ballot summary as required 
200  in s. 101.161(1). 
201         (e)1. Any financial impact statement that the Supreme Court 
202  finds not to be in accordance with this subsection shall be 
203  remanded solely to the Financial Impact Estimating Conference 
204  for redrafting, provided the court’s advisory opinion is 
205  rendered at least 75 days before the election at which the 
206  question of ratifying the amendment will be presented. The 
207  Financial Impact Estimating Conference shall prepare and adopt a 
208  revised financial impact statement no later than 5 p.m. on the 
209  15th day after the date of the court’s opinion. 
210         2. If, by 5 p.m. on the 75th day before the election, the 
211  Supreme Court has not issued an advisory opinion on the initial 
212  financial impact statement prepared by the Financial Impact 
213  Estimating Conference for an initiative amendment that otherwise 
214  meets the legal requirements for ballot placement, the financial 
215  impact statement shall be deemed approved for placement on the 
216  ballot. 
217         3. In addition to the financial impact statement required 
218  by this subsection, the Financial Impact Estimating Conference 
219  shall draft an initiative financial information statement. The 
220  initiative financial information statement should describe in 
221  greater detail than the financial impact statement any projected 
222  increase or decrease in revenues or costs that the state or 
223  local governments would likely experience if the ballot measure 
224  were approved. If appropriate, the initiative financial 
225  information statement may include both estimated dollar amounts 
226  and a description placing the estimated dollar amounts into 
227  context. The initiative financial information statement must 
228  include both a summary of not more than 500 words and additional 
229  detailed information that includes the assumptions that were 
230  made to develop the financial impacts, workpapers, and any other 
231  information deemed relevant by the Financial Impact Estimating 
232  Conference. 
233         4. The Department of State shall have printed, and shall 
234  furnish to each supervisor of elections, a copy of the summary 
235  from the initiative financial information statements. The 
236  supervisors shall have the summary from the initiative financial 
237  information statements available at each polling place and at 
238  the main office of the supervisor of elections upon request. 
239         5. The Secretary of State and the Office of Economic and 
240  Demographic Research shall make available on the Internet each 
241  initiative financial information statement in its entirety. In 
242  addition, each supervisor of elections whose office has a 
243  website shall post the summary from each initiative financial 
244  information statement on the website. Each supervisor shall 
245  include the Internet addresses for the information statements on 
246  the Secretary of State’s and the Office of Economic and 
247  Demographic Research’s websites in the publication or mailing 
248  required by s. 101.20. 
249         (5)(6)(a) An elector’s signature on a petition form may be 
250  revoked within 150 days of the date on which he or she signed 
251  the petition form by submitting to the appropriate supervisor of 
252  elections a signed petition-revocation form. 
253         (b) The petition-revocation form and the manner in which 
254  signatures are obtained, submitted, and verified shall be 
255  subject to the same relevant requirements and timeframes as the 
256  corresponding petition form and processes under this code and 
257  shall be approved by the Secretary of State before any signature 
258  on a petition-revocation form is obtained. 
259         (c) In those circumstances in which a petition-revocation 
260  form for a corresponding initiative petition has not been 
261  submitted and approved, an elector may complete and submit a 
262  standard petition-revocation form directly to the supervisor of 
263  elections. All other requirements and processes apply for the 
264  submission and verification of the signatures as for initiative 
265  petitions. 
266         (d) Supervisors of elections shall provide petition 
267  revocation forms to the public at all main and branch offices. 
268         (e) The petition-revocation form shall be filed with the 
269  supervisor of elections by February 1 preceding the next general 
270  election or, if the initiative amendment is not certified for 
271  ballot position in that election, by February 1 preceding the 
272  next successive general election. The supervisor of elections 
273  shall promptly verify the signature on the petition-revocation 
274  form and process such revocation upon payment, in advance, of a 
275  fee of 10 cents or the actual cost of verifying such signature, 
276  whichever is less. The supervisor shall promptly record each 
277  valid and verified signature on a petition-revocation form in 
278  the manner prescribed by the Secretary of State. 
279         (f) The division shall adopt by rule the petition 
280  revocation forms to be used under this subsection. 
281         (6)(7) The Department of State may adopt rules in 
282  accordance with s. 120.54 to carry out the provisions of 
283  subsections (1)-(5) (1)-(6). 
284         (7)(8) No provision of this code shall be deemed to 
285  prohibit a private person exercising lawful control over 
286  privately owned property, including property held open to the 
287  public for the purposes of a commercial enterprise, from 
288  excluding from such property persons seeking to engage in 
289  activity supporting or opposing initiative amendments. 
290         Section 4. Section 100.375, Florida Statutes, is created to 
291  read: 
292         100.375 Financial impact statement for amendments proposed 
293  by initiative and joint resolution.— 
294         (1) The Financial Impact Estimating Conference shall 
295  prepare a financial impact statement for placement on the ballot 
296  which states the estimated increase or decrease in any revenues 
297  or costs to state or local governments resulting from an 
298  amendment to the State Constitution proposed by initiative or 
299  joint resolution. The conference must prepare the statement 
300  within 45 days after receipt of an amendment or revision 
301  proposed by initiative from the Secretary of State. The 
302  conference must prepare the statement no later than 30 days 
303  after the adjournment of the legislative session in which the 
304  Legislature proposes an amendment or revision. The conference 
305  shall submit the statement to the Attorney General and Secretary 
306  of State upon completion. 
307         (2) The Financial Impact Estimating Conference shall 
308  provide an opportunity for any proponents or opponents of the 
309  initiative to submit information and may solicit information or 
310  analysis from any other entities or agencies, including the 
311  Office of Economic and Demographic Research. 
312         (3) All meetings of the Financial Impact Estimating 
313  Conference shall be open to the public. The President of the 
314  Senate and the Speaker of the House of Representatives, jointly, 
315  shall be the sole judge for the interpretation, implementation, 
316  and enforcement of this subsection. 
317         (4) The Financial Impact Estimating Conference is 
318  established to review, analyze, and estimate the financial 
319  impact of amendments to or revisions of the State Constitution 
320  proposed by initiative or joint resolution. The Financial Impact 
321  Estimating Conference shall consist of four principals: one 
322  person from the Executive Office of the Governor; the 
323  coordinator of the Office of Economic and Demographic Research, 
324  or his or her designee; one person from the professional staff 
325  of the Senate; and one person from the professional staff of the 
326  House of Representatives. Each principal shall have appropriate 
327  fiscal expertise in the subject matter of the initiative or 
328  joint resolution. A Financial Impact Estimating Conference may 
329  be appointed for each initiative or joint resolution. 
330         (5) Principals of the Financial Impact Estimating 
331  Conference shall reach a consensus or majority concurrence on a 
332  clear and unambiguous financial impact statement, no more than 
333  75 words in length, and immediately submit the statement to the 
334  Attorney General. This section does not prohibit the Financial 
335  Impact Estimating Conference from setting forth a range of 
336  potential impacts in the financial impact statement. A court 
337  shall remand any financial impact statement that does not comply 
338  with this section to the Financial Impact Estimating Conference, 
339  exclusively, for redrafting. The Financial Impact Estimating 
340  Conference shall redraft the financial impact statement within 
341  15 days after the date of a remand. 
342         (6) If the principals of the Financial Impact Estimating 
343  Conference are unable to agree on the statement required by this 
344  section, or if the Supreme Court rejects the initial submission 
345  by the Financial Impact Estimating Conference and no redraft has 
346  been approved by the Supreme Court by 5 p.m. on the 75th day 
347  before the election, the following statement shall appear on the 
348  ballot: “The financial impact of this measure, if any, cannot be 
349  reasonably determined at this time.” 
350         (7)(a) The Supreme Court shall remand a financial impact 
351  statement that does not comply with this section exclusively to 
352  the Financial Impact Estimating Conference for redrafting, if 
353  the court’s opinion is rendered at least 75 days before the 
354  election at which the measure will be submitted to the electors. 
355  The Financial Impact Estimating Conference shall prepare and 
356  adopt a revised financial impact statement no later than 5 p.m. 
357  on the 15th day after the date of the court’s opinion. 
358         (b) If, by 5 p.m. on the 75th day before the election, the 
359  Supreme Court has not issued an opinion on the initial financial 
360  impact statement prepared by the Financial Impact Estimating 
361  Conference, the financial impact statement shall be deemed 
362  approved for placement on the ballot. 
363         (c) In addition to the financial impact statement, the 
364  Financial Impact Estimating Conference shall draft a financial 
365  information statement. The financial information statement must 
366  provide greater detail than the financial impact statement of 
367  any projected increase or decrease in revenues or costs that the 
368  state or local governments will likely experience if the ballot 
369  measure is approved. If appropriate, the initiative financial 
370  information statement may include both estimated dollar amounts 
371  and a description placing the estimated dollar amounts into 
372  context. The initiative financial information statement must 
373  include both a summary of not more than 500 words and additional 
374  detailed information that includes the assumptions that were 
375  made to develop the financial impacts, workpapers, and any other 
376  information deemed relevant by the Financial Impact Estimating 
377  Conference. 
378         (d) The Department of State shall have printed, and shall 
379  furnish to each supervisor of elections, a copy of the summary 
380  from the financial information statements. The supervisors shall 
381  have the summary from the initiative financial information 
382  statements available at each polling place and at the main 
383  office of the supervisor of elections upon request. 
384         (e) The Secretary of State and the Office of Economic and 
385  Demographic Research shall make available on the Internet each 
386  financial information statement in its entirety. In addition, 
387  each supervisor of elections whose office has a website shall 
388  post the summary from each financial information statement on 
389  the website. Each supervisor shall include the Internet 
390  addresses for the information statements on the Secretary of 
391  State’s and the Office of Economic and Demographic Research’s 
392  websites in the publication or mailing required by s. 101.20. 
393         Section 5. Section 16.061, Florida Statutes, is amended to 
394  read: 
395         16.061 Initiative petitions.— 
396         (1) The Attorney General shall, within 30 days after 
397  receipt of a proposed revision or amendment to the State 
398  Constitution by initiative petition from the Secretary of State, 
399  petition the Supreme Court, requesting an advisory opinion 
400  regarding the compliance of the text of the proposed amendment 
401  or revision with s. 3, Art. XI of the State Constitution and the 
402  compliance of the proposed ballot title and substance with s. 
403  101.161. The petition may enumerate any specific factual issues 
404  that the Attorney General believes would require a judicial 
405  determination. 
406         (2) A copy of the petition shall be provided to the 
407  Secretary of State and the principal officer of the sponsor. 
408         (3) Any fiscal impact statement that the court finds not to 
409  be in accordance with s. 100.375 s. 100.371 shall be remanded 
410  solely to the Financial Impact Estimating Conference for 
411  redrafting. 
412         Section 6. This act shall take effect July 1, 2010, but 
413  does not apply to initiatives for which the signatures are 
414  collected before that date or to proposed constitutional 
415  amendments that are filed with the Secretary of State before 
416  that date for submission to the voters.