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New FL Bill Would Require Notice Of Potential Tax Hike On Energy Choice Ballot Question

March 27,2019



A new bill has been filed in the Florida House of Representatives that would include several changes to the voter initiative process for constitutional amendments, such as the proposed electricity choice amendment for 2020

PCB JDC 19-01 would notably require that, for initiative for which a state commission determines there is an "indeterminate" fiscal impact (such as the recent conclusion regarding energy choice), the ballot presented to voters shall include a statement about such indeterminate impacts, and that, due to the state's balance budget requirement, the initiative, "may require increased taxes or a reduction in government services that are currently funded."

Unlike a recent Senate bill which would increase the threshold for approval of an initiative to two-third (from 60%), PCB JDC 19-01 would maintain the 60% threshold

However, PCB JDC 19-01 would apply to 2020 initiatives, unlike the Senate resolution

Specifically, PCB JDC 19-01 provides that, "the provisions of this act apply to all revisions or amendments to the State Constitution by initiative that were proposed for the 2020 election ballot; provided, however, that nothing in this act shall affect the validity of any petition gathered prior to this act's effective date."

PCB JDC 19-01 sets forth various new requirements concerning signature gathering and other processes concerning petitions

See the text here

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