Senate Bill sb2250

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    Florida Senate - 2002                                  SB 2250

    By Senator Smith





    5-1558A-02                                          See HB 909

  1                      A bill to be entitled

  2         An act relating to constitutional amendments

  3         proposed by initiative; amending s. 100.371,

  4         F.S.; increasing the minimum time required

  5         between certification of ballot position for a

  6         constitutional amendment proposed by initiative

  7         and the general election at which the amendment

  8         will be voted on; reducing the period for which

  9         signatures on petitions for such initiative

10         amendments remain valid; requiring submission

11         of the text of such initiative amendments to

12         the Office of Legislative Services for review

13         and correction; providing for inclusion of

14         fiscal impact statements in the text of such

15         initiative amendments prior to circulation for

16         signatures; providing duties of Revenue

17         Estimating Conference; providing rulemaking

18         authority; prohibiting the paying of another

19         person for a petition signature or to obtain

20         petition signatures; amending s. 106.19, F.S.;

21         providing penalties for submitting a petition

22         containing signatures that the sponsor has paid

23         another to obtain; providing an effective date.

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25  Be It Enacted by the Legislature of the State of Florida:

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27         Section 1.  Section 100.371, Florida Statutes, is

28  amended to read:

29         100.371  Initiatives; procedure for placement on

30  ballot.--

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    Florida Senate - 2002                                  SB 2250
    5-1558A-02                                          See HB 909




  1         (1)  Constitutional amendments proposed by initiative

  2  shall be placed on the ballot for the general election

  3  occurring in excess of 180 90 days from the certification of

  4  ballot position by the Secretary of State.

  5         (2)  Such certification shall be issued when the

  6  Secretary of State has received verification certificates from

  7  the supervisors of elections indicating that the requisite

  8  number and distribution of valid signatures of electors have

  9  been submitted to and verified by the supervisors.  Every

10  signature shall be dated when made and shall be valid for a

11  period of 24 months 4 years following such date, provided all

12  other requirements of law are complied with.

13         (3)  The sponsor of an initiative amendment shall,

14  prior to obtaining any signatures, register as a political

15  committee pursuant to s. 106.03 and submit the text of the

16  proposed amendment to the Secretary of State, with the form on

17  which the signatures will be affixed, and shall obtain the

18  approval of the Secretary of State of such form.  The

19  Secretary of State shall adopt promulgate rules pursuant to

20  ss. 120.536(1) and s. 120.54 prescribing the style and

21  requirements of such form.

22         (4)  The sponsor shall, before obtaining any

23  signatures, submit the initiative amendment to the Revenue

24  Estimating Conference for the purpose of determining its

25  estimated impact on state and local revenues and expenditures,

26  if any. The Revenue Estimating Conference shall affix a fiscal

27  impact statement to the text that will be circulated to obtain

28  signatures. The Secretary of State shall adopt rules pursuant

29  to ss. 120.536(1) and 120.54 prescribing the style and

30  requirements of such fiscal impact statement.

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    Florida Senate - 2002                                  SB 2250
    5-1558A-02                                          See HB 909




  1         (5)(4)  The sponsor shall submit signed and dated forms

  2  to the appropriate supervisor of elections for verification as

  3  to the number of registered electors whose valid signatures

  4  appear thereon.  The supervisor shall promptly verify the

  5  signatures upon payment of the fee required by s. 99.097.

  6  Upon completion of verification, the supervisor shall execute

  7  a certificate indicating the total number of signatures

  8  checked, the number of signatures verified as valid and as

  9  being of registered electors, and the distribution by

10  congressional district.  This certificate shall be immediately

11  transmitted to the Secretary of State.  The supervisor shall

12  retain the signature forms for at least 1 year following the

13  election in which the issue appeared on the ballot or until

14  the Division of Elections notifies the supervisors of

15  elections that the committee which circulated the petition is

16  no longer seeking to obtain ballot position.

17         (6)(5)  The Secretary of State shall determine from the

18  verification certificates received from supervisors of

19  elections the total number of verified valid signatures and

20  the distribution of such signatures by congressional

21  districts.  Upon a determination that the requisite number and

22  distribution of valid signatures have been obtained, the

23  secretary shall issue a certificate of ballot position for

24  that proposed amendment and shall assign a designating number

25  pursuant to s. 101.161.  A petition shall be deemed to be

26  filed with the Secretary of State upon the date of the receipt

27  by the secretary of a certificate or certificates from

28  supervisors of elections indicating the petition has been

29  signed by the constitutionally required number of electors.

30         (7)  The sponsor of an initiative amendment may not pay

31  any person to sign the initiative petition, nor may the

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    Florida Senate - 2002                                  SB 2250
    5-1558A-02                                          See HB 909




  1  sponsor use the services of a paid petition circulator, or pay

  2  any person, to obtain signatures on an initiative petition.

  3  However, the sponsor of an initiative amendment may use

  4  signatures obtained through the use of a paid petition

  5  circulator which were obtained before July 1, 2002.

  6         (8)(6)  The Department of State may adopt rules

  7  pursuant to ss. 120.536(1) and shall have the authority to

  8  promulgate rules in accordance with s. 120.54 to carry out the

  9  provisions of this section.

10         Section 2.  Subsection (3) of section 106.19, Florida

11  Statutes, is amended to read:

12         106.19  Violations by candidates, persons connected

13  with campaigns, and political committees.--

14         (3)  A political committee sponsoring a constitutional

15  amendment proposed by initiative which submits a petition form

16  gathered by a paid petition circulator which does not provide

17  the name and address of the paid petition circulator on the

18  form, or which submits a petition form that contains

19  signatures obtained after June 30, 2002, which the committee

20  has paid another for or to obtain, is subject to the civil

21  penalties prescribed in s. 106.265.

22         Section 3.  This act shall take effect July 1, 2002.

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    Florida Senate - 2002                                  SB 2250
    5-1558A-02                                          See HB 909




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3  
      Increases the minimum time required between certification
  4    of ballot position for a constitutional amendment
      proposed by initiative and the general election at which
  5    the amendment will be voted on.  Reduces the period for
      which signatures on petitions for such initiative
  6    amendments remain valid.  Requires submission of the text
      of such initiative amendments to the Office of
  7    Legislative Services for review and correction.  Provides
      for inclusion of fiscal impact statements in the text of
  8    such initiative amendments prior to circulation for
      signatures and provides duties of the Revenue Estimating
  9    Conference with respect thereto. Prohibits the sponsor of
      an initiative amendment from paying another to obtain
10    signatures on an initiative petition and from paying a
      person for his or her signature on the petition. (See
11    bill for details.)

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