HB 1521 2003
1	CHAMBER ACTION
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6	The Committee on Procedures recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to constitutional amendments proposed by
12	initiative; amending s. 15.21, F.S.; requiring supervisors
13	of elections to verify the first 10 percent of initiative
14	petition signatures within 30 days after submission;
15	requiring sponsors of initiative petitions to submit the
16	signatures required to the supervisors of elections no
17	later than 180 days before the next general election;
18	amending s. 16.061, F.S.; requiring the Attorney General
19	to attach to each petition a motion requesting that the
20	Supreme Court expedite its review of initiative petitions;
21	amending s. 99.097, F.S.; requiring supervisors of
22	electors to conduct a name-by-name, signature-by-signature
23	check of the number of authorized signatures on initiative
24	petitions; amending s. 100.371, F.S.; reducing the period
25	for which petition signatures remain valid; requiring an
26	attesting witness 18 years of age or older to each
27	petition signature; providing that a petition form is
28	illegal if it doesn't include the signature and address of
29	the attesting witness; requiring a printed warning of the
30	penalty for fraudulent signing; prohibiting giving or
31	offering to give anything of value in exchange for
32	petition signatures; providing penalties; requiring prompt
33	verification of elector signatures; amending ss. 100.381,
34	101.161, and 216.136, F.S.; conforming cross references;
35	providing effective dates.
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37	WHEREAS, additional procedural measures are necessary to
38	ensure ballot integrity for constitutional amendments proposed
39	by initiative, and
40	WHEREAS, timely submission of petition signatures for
41	constitutional amendments proposed by initiative is necessary to
42	ensure an orderly process for verification by supervisors of
43	elections and review by the Secretary of State, the Attorney
44	General, the Supreme Court, and the Revenue Estimating
45	Conference, and
46	WHEREAS, it is the intent of the Legislature by this act to
47	ensure expeditious and proper verification of such petition
48	signatures, NOW, THEREFORE,
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50	Be It Enacted by the Legislature of the State of Florida:
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52	Section 1. Section 15.21, Florida Statutes, is amended to
53	read:
54	15.21 Initiative petitions; s. 3, Art. XI, State
55	Constitution.--The Secretary of State shall immediately submit
56	an initiative petition to the Attorney General and to the
57	Revenue Estimating Conference if the sponsor has:
58	(1) Registered as a political committee pursuant to s.
59	106.03;
60	(2) Submitted the ballot title, substance, and text of the
61	proposed revision or amendment to the Secretary of State
62	pursuant to ss. 100.371 and 101.161; and
63	(3) Obtained a letter from the Division of Elections
64	confirming that the sponsor has submitted to the appropriate
65	supervisors for verification, and the supervisors have verified,
66	petitionforms signed and dated equal to 10 percent of the
67	number of electors statewide and in at least one-fourth of the
68	congressional districts required by s. 3, Art. XI of the State
69	Constitution. Verification of the 10-percent signature
70	submission shall be completed within 30 days after submission of
71	the forms by the sponsor. To facilitate timely review by the
72	Revenue Estimating Conference and the Supreme Court, sponsors
73	are required to submit the signatures required by this section
74	to the supervisors of elections no later than 180 days before
75	the next general election.
76	Section 2. Section 16.061, Florida Statutes, is amended to
77	read:
78	16.061 Initiative petitions.--
79	(1) The Attorney General shall, within 30 days after
80	receipt of a proposed revision or amendment to the State
81	Constitution by initiative petition from the Secretary of State,
82	petition the Supreme Court, requesting an advisory opinion
83	regarding the compliance of the text of the proposed amendment
84	or revision with s. 3, Art. XI of the State Constitution and the
85	compliance of the proposed ballot title and substance with s.
86	101.161. The Attorney General shall attach to each petition a
87	motion requesting that the Supreme Court expedite its review of
88	the initiative petition.The petition may enumerate any specific
89	factual issues thatwhichthe Attorney General believes would
90	require a judicial determination.
91	(2) A copy of the petition shall be provided to the
92	Secretary of State and the principal officer of the sponsor.
93	Section 3. Effective July 1, 2003, section 16.061, Florida
94	Statutes, as amended by section 2 of chapter 2002-390, Laws of
95	Florida, is amended to read:
96	16.061 Proposed constitutional revisions or amendments.--
97	(1) The Attorney General shall, within 30 days after
98	receipt of a proposed revision or amendment to the State
99	Constitution by initiative petition from the Secretary of State,
100	petition the Supreme Court, requesting an advisory opinion
101	regarding the compliance of the text of the proposed amendment
102	or revision with s. 3, Art. XI of the State Constitution and the
103	compliance of the proposed ballot title and substance with s.
104	101.161 and the compliance of the fiscal impact statement with
105	ss. 100.371 and 101.161. The Attorney General shall attach to
106	each petition a motion requesting that the Supreme Court
107	expedite its review of the initiative petition.For all other
108	proposed revisions or amendments to the State Constitution, the
109	Attorney General shall, upon the Revenue Estimating Conference
110	finalizing the fiscal impact statement, petition the Supreme
111	Court requesting an advisory opinion regarding compliance of the
112	text of the fiscal impact statement with ss. 100.371, 100.381,
113	and 101.161. The petition may enumerate any specific factual
114	issues thatwhichthe Attorney General believes would require a
115	judicial determination.
116	(2) A copy of the petition shall be provided to the
117	Secretary of State and the principal officer of the sponsor.
118	(3) Any fiscal impact statement that the court finds not
119	to be in accordance with s. 100.371, s. 100.381, or s. 101.161
120	shall be remanded solely to the Revenue Estimating Conference
121	for redrafting.
122	Section 4. Subsection (1) of section 99.097, Florida
123	Statutes, is amended to read:
124	99.097 Verification of signatures on petitions.--
125	(1) Supervisors of elections must conduct a name-by-name,
126	signature-by-signature check of the number of authorized
127	signatures on initiative petitions.As determined by each
128	supervisor, based upon local conditions, the checking of names
129	on petitions, with the exception of initiative petitions,may be
130	based on the most inexpensive and administratively feasible of
131	either of the following methods of verification:
132	(a) A name-by-name, signature-by-signature check of the
133	number of authorized signatures on the petitions; or
134	(b) A check of a random sample, as provided by the
135	Department of State, of names and signatures on the petitions.
136	The sample must be such that a determination can be made as to
137	whether or not the required number of signatures have been
138	obtained with a reliability of at least 99.5 percent. Rules and
139	guidelines for this method of petition verification shall be
140	promulgated by the Department of State, which may include a
141	requirement that petitions bear an additional number of names
142	and signatures, not to exceed 15 percent of the names and
143	signatures otherwise required. If the petitions do not meet such
144	criteria, then the use of the verification method described in
145	this paragraph shall not be available to supervisors.
146	Section 5. Section 100.371, Florida Statutes, is amended
147	to read:
148	100.371 Initiatives; procedure for placement on ballot.--
149	(1) Constitutional amendments proposed by initiative shall
150	be placed on the ballot for the general election occurring in
151	excess of 90 days from the certification of ballot position by
152	the Secretary of State.
153	(2) Such certification shall be issued when the Secretary
154	of State has received verification certificates from the
155	supervisors of elections indicating that the requisite number
156	and distribution of valid signatures of electors have been
157	submitted to and verified by the supervisors. Every signature
158	shall be dated when made and shall be valid for a period of 18
159	months4 yearsfollowing such date, provided all other
160	requirements of law are satisfiedcomplied with. For a signed
161	initiative petition to be counted, it must include the signature
162	and address of a witness 18 years of age or older affixed to the
163	petition form. A signed petition form shall be considered
164	illegal if it does not include the signature and address of an
165	attesting witness who has attested to the validity of the
166	signature witnessed.
167	(3) The sponsor of an initiative amendment shall, prior to
168	obtaining any signatures, register as a political committee
169	pursuant to s. 106.03 and submit the text of the proposed
170	amendment to the Secretary of State, with the form on which the
171	signatures will be affixed, and shall obtain the approval of the
172	Secretary of State of such form. Each petition form shall
173	include a warning, in red ink and prominent type, regarding the
174	penalty for fraudulent signing pursuant to s. 104.185.The
175	Secretary of State shall adoptpromulgaterules pursuant to s.
176	120.54 prescribing the style and requirements of such form.
177	(4) Any signature gatherer who gives or offers to give
178	anything of value to a person in exchange for the person's
179	signature on a petition form commits a misdemeanor of the first
180	degree, punishable as provided in s. 775.082 or s. 775.083.
181	(5)(4)The sponsor shall submit signed and dated forms to
182	the appropriate supervisor of elections for verification as to
183	the number of registered electors whose valid signatures appear
184	thereon. The supervisor shall promptly verify the signatures
185	upon payment of the fee required by s. 99.097. Verification of
186	each petition signature shall be completed within 30 days.Upon
187	completion of verification, the supervisor shall execute a
188	certificate indicating the total number of signatures checked,
189	the number of signatures verified as valid and as being of
190	registered electors, and the distribution by congressional
191	district. This certificate shall be immediately transmitted to
192	the Secretary of State, who shall act pursuant to s. 15.21. The
193	supervisor shall retain the signature forms for at least 1 year
194	following the election in which the issue appeared on the ballot
195	or until the Division of Elections notifies the supervisors of
196	elections that the committee which circulated the petition is no
197	longer seeking to obtain ballot position.
198	(6)(5)The Secretary of State shall determine from the
199	verification certificates received from supervisors of elections
200	the total number of verified valid signatures and the
201	distribution of such signatures by congressional districts. Upon
202	a determination that the requisite number and distribution of
203	valid signatures have been obtained, the secretary shall issue a
204	certificate of ballot position for that proposed amendment and
205	shall assign a designating number pursuant to s. 101.161. A
206	petition shall be deemed to be filed with the Secretary of State
207	upon the date of the receipt by the secretary of a certificate
208	or certificates from supervisors of elections indicating the
209	petition has been signed by the constitutionally required number
210	of electors.
211	(7)(6)(a) Within 45 days after receipt of a proposed
212	revision or amendment to the State Constitution by initiative
213	petition from the Secretary of State or, for any initiative
214	approved by the Florida Supreme Court for the general election
215	ballot for 2002, within 45 days after the effective date of this
216	subsection, whichever occurs later, the Revenue Estimating
217	Conference shall complete an analysis and fiscal impact
218	statement to be placed on the ballot of the estimated increase
219	or decrease in any revenues or costs to state or local
220	governments resulting from the proposed initiative. The Revenue
221	Estimating Conference shall provide an opportunity for any
222	proponents or opponents of the initiative to submit information
223	and may solicit information or analysis from any other entities
224	or agencies, including the Office of Economic and Demographic
225	Research.
226	(b)1. Members of the Revenue Estimating Conference shall
227	reach a consensus or majority concurrence on a clear and
228	unambiguous fiscal impact statement, no more than 50 words in
229	length. Nothing in this subsection prohibits the Revenue
230	Estimating Conference from setting forth a range of potential
231	impacts in the fiscal impact statement. Any fiscal impact
232	statement that a court finds not to be in accordance with this
233	section, s. 100.381, or s. 101.161 shall be remanded solely to
234	the Revenue Estimating Conference for redrafting. The Revenue
235	Estimating Conference shall redraft the fiscal impact statement
236	within 15 days.
237	2. If the members of the Revenue Estimating Conference are
238	unable to agree on the statement required by this subsection,
239	the following statement shall appear on the ballot pursuant to
240	s. 101.161(1): "The fiscal impact of this measure, if any,
241	cannot be reasonably determined at this time."
242	(c) The fiscal impact statement must be separately
243	contained and be set forth after the ballot summary as required
244	in s. 101.161(1).
245	(8)(7)The Department of State may adopt rules in
246	accordance with s. 120.54 to carry out the provisions of
247	subsections (1)-(6)(1)-(5) of this section.
248	Section 6. Section 100.381, Florida Statutes, is amended
249	to read:
250	100.381 Constitutional amendments or revisions other than
251	initiatives; fiscal impact statement.--For any amendment or
252	revision proposed pursuant to Art. XI of the State Constitution
253	other than an initiative, the Revenue Estimating Conference
254	shall prepare a fiscal impact statement as provided in s.
255	100.371(7)(6)no later than 80 days before the election on the
256	proposed amendment or revision. The fiscal impact statement must
257	be separately contained and be set forth after the ballot
258	summary as required in s. 101.161(1).
259	Section 7. Subsection (1) of section 101.161, Florida
260	Statutes, is amended to read:
261	101.161 Referenda; ballots.--
262	(1) Whenever a constitutional amendment or other public
263	measure is submitted to the vote of the people, the substance of
264	such amendment or other public measure shall be printed in clear
265	and unambiguous language on the ballot after the list of
266	candidates, followed by the word "yes" and also by the word
267	"no," and shall be styled in such a manner that a "yes" vote
268	will indicate approval of the proposal and a "no" vote will
269	indicate rejection. The wording of the substance of the
270	amendment or other public measure and the ballot title to appear
271	on the ballot shall be embodied in the joint resolution,
272	constitutional revision commission proposal, constitutional
273	convention proposal, taxation and budget reform commission
274	proposal, or enabling resolution or ordinance. Except for
275	amendments and ballot language proposed by joint resolution, the
276	substance of the amendment or other public measure shall be an
277	explanatory statement, not exceeding 75 words in length, of the
278	chief purpose of the measure. In addition, the ballot shall
279	include a separate fiscal impact statement concerning the
280	measure prepared by the Revenue Estimating Conference in
281	accordance with s. 100.371(7)(6)or s. 100.381. The ballot title
282	shall consist of a caption, not exceeding 15 words in length, by
283	which the measure is commonly referred to or spoken of.
284	Section 8. Paragraph (a) of subsection (3) of section
285	216.136, Florida Statutes, is amended to read:
286	216.136 Consensus estimating conferences; duties and
287	principals.--
288	(3) REVENUE ESTIMATING CONFERENCE.--
289	(a) Duties.--The Revenue Estimating Conference shall
290	develop such official information with respect to anticipated
291	state and local government revenues as the conference determines
292	is needed for the state planning and budgeting system. Any
293	principal may request the conference to review and estimate
294	revenues for any trust fund. Also, the conference shall prepare
295	fiscal impact statements for constitutional amendments pursuant
296	to s. 100.371(7)(6).
297	Section 9. Except as otherwise provided herein, this act
298	shall take effect upon becoming a law.