Florida Senate - 2011 SB 1504
By Senator Simmons
22-01029A-11 20111504__
1 A bill to be entitled
2 An act relating to initiative petitions; amending s.
3 100.371, F.S.; limiting the validity of a signed
4 initiative petition to 30 months; creating s. 100.372,
5 F.S.; providing definitions; specifying qualifications
6 for a person to act as a paid petition circulator;
7 prohibiting a petition circulator from receiving
8 compensation based on the number of signatures
9 obtained on an initiative petition; requiring the
10 initiative petition forms used by a paid petition
11 circulator to identify the name of the paid petition
12 circulator; requiring a person seeking employment with
13 an initiative sponsor as a paid petition circulator to
14 sign an affidavit stating that the person has not been
15 convicted of, or entered a plea of nolo contendere to,
16 a criminal offense involving fraud, forgery, or
17 identity theft in any jurisdiction within a certain
18 period; subjecting a petition circulator or an
19 initiative sponsor to criminal penalties for violating
20 specified restrictions or requirements; prohibiting an
21 initiative sponsor from compensating a petition
22 circulator based on the number of signatures obtained
23 on an initiative petition; authorizing the Department
24 of State to adopt rules; amending s. 101.161, F.S.;
25 requiring the Secretary of State to revise the wording
26 of the ballot title or ballot summary for an amendment
27 to the State Constitution proposed by the Legislature
28 when the wording is found by a court to be confusing,
29 misleading, or otherwise deficient; requiring the
30 Secretary of State to place the revised ballot title
31 or ballot summary on the ballot if the court’s
32 decision is not reversed; making technical and
33 grammatical changes; amending s. 104.185, F.S.;
34 subjecting a person to criminal penalties for altering
35 a signed initiative petition without the knowledge and
36 consent of the person who signed the initiative
37 petition; amending ss. 15.21, 16.061, and 1011.73,
38 F.S.; replacing the term “substance” with “ballot
39 summary” to conform to changes made by the act;
40 providing for severability; providing an effective
41 date.
42
43 Be It Enacted by the Legislature of the State of Florida:
44
45 Section 1. Subsection (3) of section 100.371, Florida
46 Statutes, is amended to read:
47 100.371 Initiatives; procedure for placement on ballot.—
48 (3) An initiative petition form circulated for signature
49 may not be bundled with or attached to any other petition. Each
50 signature must shall be dated when made and shall be valid for a
51 period of 30 months 4 years following such date, provided all
52 other requirements of law are met. The sponsor shall submit
53 signed and dated forms to the appropriate supervisor of
54 elections for verification as to the number of registered
55 electors whose valid signatures appear thereon. The supervisor
56 shall promptly verify the signatures within 30 days after of
57 receipt of the petition forms and payment of the fee required by
58 s. 99.097. The supervisor shall promptly record, in the manner
59 prescribed by the Secretary of State, the date each form is
60 received by the supervisor, and the date the signature on the
61 form is verified as valid. The supervisor may verify that the
62 signature on a form is valid only if:
63 (a) The form contains the original signature of the
64 purported elector.
65 (b) The purported elector has accurately recorded on the
66 form the date on which he or she signed the form.
67 (c) The form accurately sets forth the purported elector’s
68 name, street address, county, and voter registration number or
69 date of birth.
70 (d) The purported elector is, at the time he or she signs
71 the form, a duly qualified and registered elector authorized to
72 vote in the county in which his or her signature is submitted.
73
74 The supervisor shall retain the signature forms for at least 1
75 year following the election in which the issue appeared on the
76 ballot or until the Division of Elections notifies the
77 supervisors of elections that the committee which circulated the
78 petition is no longer seeking to obtain ballot position.
79 Section 2. Section 100.372, Florida Statutes, is created to
80 read:
81 100.372 Regulation of initiative petition circulators.—
82 (1) DEFINITIONS.—As used in this section, the term:
83 (a) “Initiative sponsor” means the political committee
84 registered pursuant to s. 106.03 which has submitted the text of
85 a proposed amendment to the State Constitution to the Secretary
86 of State.
87 (b) “Petition circulator” means a person who, in the
88 context of direct, face-to-face conversation, presents an
89 initiative petition form to another person for their possible
90 signature.
91 (c) “Paid petition circulator” means a petition circulator
92 who, directly or indirectly, receives compensation for acting as
93 a petition circulator.
94 (2) QUALIFICATIONS OF PAID PETITION CIRCULATORS.—
95 (a) A paid petition circulator must be at least 18 years of
96 age and eligible to register to vote in this state pursuant to
97 s. 97.041.
98 (b) A person may not act as a paid petition circulator for
99 a period of 5 years following the date of a conviction of, or a
100 plea of nolo contendere to, a criminal offense involving fraud,
101 forgery, or identity theft in any jurisdiction.
102 (c) A person must carry identification while acting as a
103 paid petition circulator.
104 (3) COMPENSATION OF PETITION CIRCULATORS.—A petition
105 circulator may not receive compensation that is, directly or
106 indirectly, based on the number of signatures he or she obtains
107 on an initiative petition.
108 (4) INITIATIVE PETITION FORMS.—Every initiative petition
109 form presented by a paid petition circulator to obtain another
110 person’s signature must legibly identify the name of the paid
111 petition circulator.
112 (5) RESPONSIBILITIES OF INITIATIVE SPONSORS.—
113 (a) The sponsor of an initiative may not, directly or
114 indirectly, employ a person as a paid petition circulator unless
115 the person has signed an affidavit stating that the person has
116 not been convicted of, or entered a plea of nolo contendere to,
117 a criminal offense involving fraud, forgery, or identity theft
118 in any jurisdiction in the preceding 5 years.
119 (b) The sponsor of an initiative must maintain the names,
120 addresses, and affidavits of paid petition circulators for at
121 least 4 years.
122 (c) The sponsor of an initiative may not, directly or
123 indirectly, compensate a petition circulator based on the number
124 of signatures the petition circulator obtains on an initiative
125 petition.
126 (6) CRIMINAL PENALTIES.—A person who violates this section
127 commits a misdemeanor of the first degree, punishable as
128 provided in s. 775.082 or s. 775.083.
129 (7) RULEMAKING.—The Department of State may adopt rules to
130 administer this section.
131 Section 3. Section 101.161, Florida Statutes, is amended to
132 read:
133 101.161 Referenda; ballots.—
134 (1)(a) Whenever a constitutional amendment or other public
135 measure is submitted to a the vote of the electors, the ballot
136 shall contain a ballot summary and ballot title for the people,
137 the substance of such amendment or other public measure. The
138 ballot summary shall provide an explanatory statement of the
139 chief purpose of the measure shall be printed in clear and
140 unambiguous language. The ballot summary on the ballot after the
141 list of candidates, followed by the word “yes” and also by the
142 word “no,” and shall be styled in such a manner that a “yes”
143 vote will indicate approval of the proposal and a “no” vote will
144 indicate rejection. The ballot title shall be a caption by which
145 the measure is commonly known.
146 (b) The ballot title and ballot summary for an wording of
147 the substance of the amendment or other public measure and the
148 ballot title to appear on the ballot shall be embodied in the
149 joint resolution, constitutional revision commission proposal,
150 constitutional convention proposal, taxation and budget reform
151 commission proposal, or enabling resolution or ordinance.
152 (c) A ballot title may not exceed 15 words. Except for
153 ballot summaries for amendments and ballot language proposed by
154 joint resolution, the ballot summary for an substance of the
155 amendment or other public measure may not exceed shall be an
156 explanatory statement, not exceeding 75 words in length, of the
157 chief purpose of the measure. In addition, for every amendment
158 proposed by initiative, the ballot shall include, following the
159 ballot summary, a separate financial impact statement concerning
160 the measure prepared by the Financial Impact Estimating
161 Conference in accordance with s. 100.371(5).
162 (d) A deficiency in the ballot title or ballot summary for
163 an amendment to the State Constitution proposed by a joint
164 resolution of the Legislature is not grounds for a court to
165 order the removal of the proposed amendment from the ballot. If
166 a court finds that the ballot title or ballot summary for the
167 amendment is confusing, misleading, or otherwise deficient, the
168 court shall specifically identify the confusing, misleading, or
169 deficient wording in a written decision. In addition to pursuing
170 other remedies or procedures to reverse the decision of the
171 court, the Secretary of State shall revise the ballot title or
172 ballot summary of the proposed amendment that was found by the
173 court to be confusing, misleading, or deficient. The Secretary
174 of State shall place the revised ballot title or ballot summary
175 for the amendment on the ballot if the judicial decision is not
176 reversed. The ballot title shall consist of a caption, not
177 exceeding 15 words in length, by which the measure is commonly
178 referred to or spoken of.
179 (2)(a) The substance and ballot title and ballot summary of
180 a constitutional amendment proposed by initiative shall be
181 prepared by the sponsor and approved by the Secretary of State
182 in accordance with rules adopted pursuant to s. 120.54.
183 (b) For every amendment proposed by initiative, the ballot
184 shall include, following the ballot summary, a separate
185 financial impact statement concerning the measure prepared by
186 the Financial Impact Estimating Conference in accordance with s.
187 100.371(5).
188 (3)(a) The Department of State shall give each proposed
189 constitutional amendment a designating number for convenient
190 reference. This number designation shall appear on the ballot.
191 Designating numbers shall be assigned in the order of filing or
192 certification and in accordance with rules adopted by the
193 Department of State. The Department of State shall furnish the
194 designating number, the ballot title, and the ballot summary
195 substance of each amendment to the supervisor of elections of
196 each county in which such amendment is to be voted on.
197 (b) A proposed constitutional amendment or other public
198 measure submitted to a vote of the electors shall be placed on
199 the ballot after the list of candidates, followed by the word
200 “yes” and also by the word “no.” A “yes” vote will indicate
201 approval of the proposal and a “no” vote will indicate
202 rejection.
203 (4)(3)(a) For any general election in which the Secretary
204 of State, for any circuit, or the supervisor of elections, for
205 any county, has certified the ballot position for an initiative
206 to change the method of selection of judges, the ballot for any
207 circuit must contain the statement in paragraph (b) or paragraph
208 (c) and the ballot for any county must contain the statement in
209 paragraph (d) or paragraph (e).
210 (b) In any circuit where the initiative is to change the
211 selection of circuit court judges to selection by merit
212 selection and retention, the ballot shall state: “Shall the
213 method of selecting circuit court judges in the ...(number of
214 the circuit)... judicial circuit be changed from election by a
215 vote of the people to selection by the judicial nominating
216 commission and appointment by the Governor with subsequent terms
217 determined by a retention vote of the people?” This statement
218 must be followed by the word “yes” and also by the word “no.”
219 (c) In any circuit where the initiative is to change the
220 selection of circuit court judges to election by the voters, the
221 ballot shall state: “Shall the method of selecting circuit court
222 judges in the ...(number of the circuit)... judicial circuit be
223 changed from selection by the judicial nominating commission and
224 appointment by the Governor with subsequent terms determined by
225 a retention vote of the people to election by a vote of the
226 people?” This statement must be followed by the word “yes” and
227 also by the word “no.”
228 (d) In any county where the initiative is to change the
229 selection of county court judges to merit selection and
230 retention, the ballot shall state: “Shall the method of
231 selecting county court judges in ...(name of county)... be
232 changed from election by a vote of the people to selection by
233 the judicial nominating commission and appointment by the
234 Governor with subsequent terms determined by a retention vote of
235 the people?” This statement must be followed by the word “yes”
236 and also by the word “no.”
237 (e) In any county where the initiative is to change the
238 selection of county court judges to election by the voters, the
239 ballot shall state: “Shall the method of selecting county court
240 judges in ...(name of the county)... be changed from selection
241 by the judicial nominating commission and appointment by the
242 Governor with subsequent terms determined by a retention vote of
243 the people to election by a vote of the people?” This statement
244 must be followed by the word “yes” and also by the word “no.”
245 Section 4. Section 104.185, Florida Statutes, is amended to
246 read:
247 104.185 Offenses relating to petitions; knowingly signing
248 more than once; signing another person’s name or a fictitious
249 name.—
250 (1) A person who knowingly signs a petition or petitions
251 for a candidate, a minor political party, or an issue more than
252 one time commits a misdemeanor of the first degree, punishable
253 as provided in s. 775.082 or s. 775.083.
254 (2) A person who signs another person’s name or a
255 fictitious name to any petition to secure ballot position for a
256 candidate, a minor political party, or an issue commits a
257 misdemeanor of the first degree, punishable as provided in s.
258 775.082 or s. 775.083.
259 (3) A person who alters an initiative petition that has
260 been signed by another person, without the other person’s
261 knowledge or consent, commits a misdemeanor of the first degree,
262 punishable as provided in s. 775.082 or s. 775.083.
263 Section 5. Subsection (2) of section 15.21, Florida
264 Statutes, is amended to read:
265 15.21 Initiative petitions; s. 3, Art. XI, State
266 Constitution.—The Secretary of State shall immediately submit an
267 initiative petition to the Attorney General and to the Financial
268 Impact Estimating Conference if the sponsor has:
269 (2) Submitted the ballot title, ballot summary substance,
270 and text of the proposed revision or amendment to the Secretary
271 of State pursuant to ss. 100.371 and 101.161; and
272 Section 6. Subsection (1) of section 16.061, Florida
273 Statutes, is amended to read:
274 16.061 Initiative petitions.—
275 (1) The Attorney General shall, within 30 days after
276 receipt of a proposed revision or amendment to the State
277 Constitution by initiative petition from the Secretary of State,
278 petition the Supreme Court, requesting an advisory opinion
279 regarding the compliance of the text of the proposed amendment
280 or revision with s. 3, Art. XI of the State Constitution and the
281 compliance of the proposed ballot title and ballot summary
282 substance with s. 101.161. The petition may enumerate any
283 specific factual issues that the Attorney General believes would
284 require a judicial determination.
285 Section 7. Paragraph (b) of subsection (4) of section
286 1011.73, Florida Statutes, is amended to read:
287 1011.73 District millage elections.—
288 (4) FORM OF BALLOT.—
289 (b) The district school board shall provide the wording of
290 the substance of the measure and the ballot title and the ballot
291 summary in the resolution calling for the election. The wording
292 of the ballot must conform to the provisions of s. 101.161.
293 Section 8. If any provision of this act or its application
294 to any person or circumstance is held invalid, the invalidity
295 does not affect other provisions or applications of the act
296 which can be given effect without the invalid provision or
297 application, and to this end the provisions of this act are
298 severable.
299 Section 9. This act shall take effect July 1, 2011.