December 07, 2019
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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         100.375Financial 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.

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