Bill Text: FL S0668 | 2013 | Regular Session | Introduced

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Bill Title: Constitutional Amendments

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-05-03 - Died in Ethics and Elections, companion bill(s) passed, see CS/HB 7013 (Ch. 2013-57) [S0668 Detail]

Download: Florida-2013-S0668-Introduced.html

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       Florida Senate - 2013                                     SB 668
       
       
       
       By Senator Bullard
       
       
       
       
       39-01032-13                                            2013668__
    1                        A bill to be entitled                      
    2         An act relating to constitutional amendments; amending
    3         s. 101.161, F.S.; providing that word count
    4         limitations on ballot summaries and ballot titles
    5         apply to constitutional amendments or revisions
    6         proposed by joint resolution; deleting a provision
    7         that permits placing the full text of an amendment or
    8         revision to the State Constitution on the ballot;
    9         deleting the authority of the Attorney General to
   10         prepare a revised ballot title or ballot summary when
   11         all ballot statements embodied in a joint resolution
   12         are defective and no further appeals will be made
   13         concerning the ballot statement; deleting the
   14         authority of the Department of State to furnish
   15         certain administrative duties related to the revised
   16         ballot title or summary; deleting judicial authority
   17         to retain jurisdiction over a revised ballot title or
   18         ballot summary prepared by the Attorney General;
   19         deleting the authorization to place the full text of
   20         an amendment or revision on a ballot; deleting certain
   21         legal presumptions pertaining to the provision of the
   22         full text of an amendment or revision on a ballot;
   23         providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsections (1) and (3) of section 101.161,
   28  Florida Statutes, are amended to read:
   29         101.161 Referenda; ballots.—
   30         (1) Whenever a constitutional amendment or other public
   31  measure is submitted to the vote of the people, a ballot summary
   32  of such amendment or other public measure shall be printed in
   33  clear and unambiguous language on the ballot after the list of
   34  candidates, followed by the word “yes” and also by the word
   35  “no,” and shall be styled in such a manner that a “yes” vote
   36  will indicate approval of the proposal and a “no” vote will
   37  indicate rejection. The ballot summary of the amendment or other
   38  public measure and the ballot title to appear on the ballot
   39  shall be embodied in the constitutional revision commission
   40  proposal, constitutional convention proposal, taxation and
   41  budget reform commission proposal, or enabling resolution or
   42  ordinance. The ballot summary of the amendment or other public
   43  measure shall be an explanatory statement, not exceeding 75
   44  words in length, of the chief purpose of the measure. In
   45  addition, for every amendment proposed by initiative, the ballot
   46  shall include, following the ballot summary, a separate
   47  financial impact statement concerning the measure prepared by
   48  the Financial Impact Estimating Conference in accordance with s.
   49  100.371(5). The ballot title shall consist of a caption, not
   50  exceeding 15 words in length, by which the measure is commonly
   51  referred to or spoken of. This subsection does not apply to
   52  constitutional amendments or revisions proposed by joint
   53  resolution.
   54         (3)(a) Each joint resolution that proposes a constitutional
   55  amendment or revision shall include one or more ballot
   56  statements set forth in order of priority. Each ballot statement
   57  shall consist of a ballot title, by which the measure is
   58  commonly referred to or spoken of, not exceeding 15 words in
   59  length, and either a ballot summary that describes the chief
   60  purpose of the amendment or revision in clear and unambiguous
   61  language, or the full text of the amendment or revision. The
   62  Department of State shall furnish a designating number pursuant
   63  to subsection (2) and the appropriate ballot statement to the
   64  supervisor of elections of each county. The ballot statement
   65  shall be printed on the ballot after the list of candidates,
   66  followed by the word “yes” and also by the word “no,” and shall
   67  be styled in such a manner that a “yes” vote will indicate
   68  approval of the amendment or revision and a “no” vote will
   69  indicate rejection.
   70         (b)1. Any action for a judicial determination that one or
   71  more ballot statements embodied in a joint resolution are
   72  defective must be commenced by filing a complaint or petition
   73  with the appropriate court within 30 days after the joint
   74  resolution is filed with the Secretary of State. The complaint
   75  or petition shall assert all grounds for challenge to each
   76  ballot statement. Any ground not asserted within 30 days after
   77  the joint resolution is filed with the Secretary of State is
   78  waived.
   79         2. The court, including any appellate court, shall accord
   80  an action described in subparagraph 1. priority over other
   81  pending cases and render a decision as expeditiously as
   82  possible. If the court finds that all ballot statements embodied
   83  in a joint resolution are defective and further appeals are
   84  declined, abandoned, or exhausted, unless otherwise provided in
   85  the joint resolution, the Attorney General shall, within 10
   86  days, prepare and submit to the Department of State a revised
   87  ballot title or ballot summary that corrects the deficiencies
   88  identified by the court, and the Department of State shall
   89  furnish a designating number and the revised ballot title or
   90  ballot summary to the supervisor of elections of each county for
   91  placement on the ballot. The court shall retain jurisdiction
   92  over challenges to a revised ballot title or ballot summary
   93  prepared by the Attorney General, and any challenge to a revised
   94  ballot title or ballot summary must be filed within 10 days
   95  after a revised ballot title or ballot summary is submitted to
   96  the Department of State.
   97         3. A ballot statement that consists of the full text of an
   98  amendment or revision shall be presumed to be a clear and
   99  unambiguous statement of the substance and effect of the
  100  amendment or revision, providing fair notice to the electors of
  101  the content of the amendment or revision and sufficiently
  102  advising electors of the issue upon which they are to vote.
  103         Section 2. This act shall take effect July 1, 2013.