HB 0613 2004
1	A bill to be entitled
2	An act relating to constitutional amendments proposed by
3	initiative; amending s. 15.21, F.S.; requiring supervisors
4	of elections to verify the first 10 percent of initiative
5	petition signatures within 30 days after submission;
6	requiring sponsors of initiative petitions to submit the
7	signatures required to the supervisors of elections no
8	later than 180 days before the next general election;
9	amending s. 16.061, F.S.; requiring the Attorney General
10	to attach to each petition a motion requesting that the
11	Supreme Court expedite its review of initiative petitions;
12	amending s. 99.097, F.S.; requiring supervisors of
13	elections to conduct a name-by-name, signature-by-
14	signature check of the number of authorized signatures on
15	initiative petitions; amending s. 100.371, F.S.; reducing
16	the period for which petition signatures remain valid;
17	requiring an attesting witness 18 years of age or older to
18	each petition signature; providing that a petition form is
19	illegal if it does not include the signature and address
20	of the attesting witness; requiring a printed warning of
21	the penalty for fraudulent signing; prohibiting giving or
22	offering to give anything of value in exchange for
23	petition signatures; providing penalties; requiring prompt
24	verification of elector signatures; amending ss. 100.381,
25	101.161, and 216.136, F.S.; conforming cross references;
26	providing effective dates.
27
28	WHEREAS, additional procedural measures are necessary to
29	ensure ballot integrity for constitutional amendments proposed
30	by initiative, and
31	WHEREAS, timely submission of petition signatures for
32	constitutional amendments proposed by initiative is necessary to
33	ensure an orderly process for verification by supervisors of
34	elections and review by the Secretary of State, the Attorney
35	General, the Supreme Court, and the Revenue Estimating
36	Conference, and
37	WHEREAS, it is the intent of the Legislature by this act to
38	ensure expeditious and proper verification of such petition
39	signatures, NOW, THEREFORE,
40
41	Be It Enacted by the Legislature of the State of Florida:
42
43	Section 1. Section 15.21, Florida Statutes, is amended to
44	read:
45	15.21 Initiative petitions; s. 3, Art. XI, State
46	Constitution.--The Secretary of State shall immediately submit
47	an initiative petition to the Attorney General and to the
48	Revenue Estimating Conference if the sponsor has:
49	(1) Registered as a political committee pursuant to s.
50	106.03;
51	(2) Submitted the ballot title, substance, and text of the
52	proposed revision or amendment to the Secretary of State
53	pursuant to ss. 100.371 and 101.161; and
54	(3) Obtained a letter from the Division of Elections
55	confirming that the sponsor has submitted to the appropriate
56	supervisors for verification, and the supervisors have verified,
57	petitionforms signed and dated equal to 10 percent of the
58	number of electors statewide and in at least one-fourth of the
59	congressional districts required by s. 3, Art. XI of the State
60	Constitution. Verification of the 10-percent signature
61	submission shall be completed within 30 days after submission of
62	the forms by the sponsor. To facilitate timely review by the
63	Revenue Estimating Conference and the Supreme Court, sponsors
64	are required to submit the signatures required by this section
65	to the supervisors of elections no later than 180 days before
66	the next general election.
67	Section 2. Section 16.061, Florida Statutes, is amended to
68	read:
69	16.061 Proposed constitutional revisions or amendments.--
70	(1) The Attorney General shall, within 30 days after
71	receipt of a proposed revision or amendment to the State
72	Constitution by initiative petition from the Secretary of State,
73	petition the Supreme Court, requesting an advisory opinion
74	regarding the compliance of the text of the proposed amendment
75	or revision with s. 3, Art. XI of the State Constitution and the
76	compliance of the proposed ballot title and substance with s.
77	101.161 and the compliance of the fiscal impact statement with
78	ss. 100.371 and 101.161. The Attorney General shall attach to
79	each petition a motion requesting that the Supreme Court
80	expedite its review of the initiative petition.For all other
81	proposed revisions or amendments to the State Constitution, the
82	Attorney General shall, upon the Revenue Estimating Conference
83	finalizing the fiscal impact statement, petition the Supreme
84	Court requesting an advisory opinion regarding compliance of the
85	text of the fiscal impact statement with ss. 100.371, 100.381,
86	and 101.161. The petition may enumerate any specific factual
87	issues that whichthe Attorney General believes would require a
88	judicial determination.
89	(2) A copy of the petition shall be provided to the
90	Secretary of State and the principal officer of the sponsor.
91	(3) Any fiscal impact statement that the court finds not
92	to be in accordance with s. 100.371, s. 100.381, or s. 101.161
93	shall be remanded solely to the Revenue Estimating Conference
94	for redrafting.
95	Section 3. Subsection (1) of section 99.097, Florida
96	Statutes, is amended to read:
97	99.097 Verification of signatures on petitions.--
98	(1) Supervisors of elections must conduct a name-by-name,
99	signature-by-signature check of the number of authorized
100	signatures on initiative petitions.As determined by each
101	supervisor, based upon local conditions, the checking of names
102	on petitions, with the exception of initiative petitions,may be
103	based on the most inexpensive and administratively feasible of
104	either of the following methods of verification:
105	(a) A name-by-name, signature-by-signature check of the
106	number of authorized signatures on the petitions; or
107	(b) A check of a random sample, as provided by the
108	Department of State, of names and signatures on the petitions.
109	The sample must be such that a determination can be made as to
110	whether or not the required number of signatures have been
111	obtained with a reliability of at least 99.5 percent. Rules and
112	guidelines for this method of petition verification shall be
113	promulgated by the Department of State, which may include a
114	requirement that petitions bear an additional number of names
115	and signatures, not to exceed 15 percent of the names and
116	signatures otherwise required. If the petitions do not meet such
117	criteria, then the use of the verification method described in
118	this paragraph shall not be available to supervisors.
119	Section 4. Section 100.371, Florida Statutes, is amended
120	to read:
121	100.371 Initiatives; procedure for placement on ballot.--
122	(1) Constitutional amendments proposed by initiative shall
123	be placed on the ballot for the general election occurring in
124	excess of 90 days from the certification of ballot position by
125	the Secretary of State.
126	(2) Such certification shall be issued when the Secretary
127	of State has received verification certificates from the
128	supervisors of elections indicating that the requisite number
129	and distribution of valid signatures of electors have been
130	submitted to and verified by the supervisors. Every signature
131	shall be dated when made and shall be valid for a period of 18
132	months 4 yearsfollowing such date, provided all other
133	requirements of law are satisfied complied with. For a signed
134	initiative petition to be counted, it must include the signature
135	and address of a witness 18 years of age or older affixed to the
136	petition form. A signed petition form shall be considered
137	illegal if it does not include the signature and address of an
138	attesting witness who has attested to the validity of the
139	signature witnessed.
140	(3) The sponsor of an initiative amendment shall, prior to
141	obtaining any signatures, register as a political committee
142	pursuant to s. 106.03 and submit the text of the proposed
143	amendment to the Secretary of State, with the form on which the
144	signatures will be affixed, and shall obtain the approval of the
145	Secretary of State of such form. Each petition form shall
146	include a warning, in red ink and prominent type, regarding the
147	penalty for fraudulent signing pursuant to s. 104.185.The
148	Secretary of State shall adopt promulgaterules pursuant to s.
149	120.54 prescribing the style and requirements of such form.
150	(4) Any signature gatherer who gives or offers to give
151	anything of value to a person in exchange for the person's
152	signature on a petition form commits a misdemeanor of the first
153	degree, punishable as provided in s. 775.082 or s. 775.083.
154	(5)(4)The sponsor shall submit signed and dated forms to
155	the appropriate supervisor of elections for verification as to
156	the number of registered electors whose valid signatures appear
157	thereon. The supervisor shall promptly verify the signatures
158	upon payment of the fee required by s. 99.097. Verification of
159	each petition signature shall be completed within 30 days after
160	submission of the forms by the sponsor.Upon completion of
161	verification, the supervisor shall execute a certificate
162	indicating the total number of signatures checked, the number of
163	signatures verified as valid and as being of registered
164	electors, and the distribution by congressional district. This
165	certificate shall be immediately transmitted to the Secretary of
166	State, who shall act pursuant to s. 15.21. The supervisor shall
167	retain the signature forms for at least 1 year following the
168	election in which the issue appeared on the ballot or until the
169	Division of Elections notifies the supervisors of elections that
170	the committee which circulated the petition is no longer seeking
171	to obtain ballot position.
172	(6)(5)The Secretary of State shall determine from the
173	verification certificates received from supervisors of elections
174	the total number of verified valid signatures and the
175	distribution of such signatures by congressional districts. Upon
176	a determination that the requisite number and distribution of
177	valid signatures have been obtained, the secretary shall issue a
178	certificate of ballot position for that proposed amendment and
179	shall assign a designating number pursuant to s. 101.161. A
180	petition shall be deemed to be filed with the Secretary of State
181	upon the date of the receipt by the secretary of a certificate
182	or certificates from supervisors of elections indicating the
183	petition has been signed by the constitutionally required number
184	of electors.
185	(7)(6)(a) Within 45 days after receipt of a proposed
186	revision or amendment to the State Constitution by initiative
187	petition from the Secretary of State or, for any initiative
188	approved by the Florida Supreme Court for the general election
189	ballot for 2002, within 45 days after the effective date of this
190	subsection, whichever occurs later, the Revenue Estimating
191	Conference shall complete an analysis and fiscal impact
192	statement to be placed on the ballot of the estimated increase
193	or decrease in any revenues or costs to state or local
194	governments resulting from the proposed initiative. The Revenue
195	Estimating Conference shall provide an opportunity for any
196	proponents or opponents of the initiative to submit information
197	and may solicit information or analysis from any other entities
198	or agencies, including the Office of Economic and Demographic
199	Research.
200	(b)1. Members of the Revenue Estimating Conference shall
201	reach a consensus or majority concurrence on a clear and
202	unambiguous fiscal impact statement, no more than 50 words in
203	length. Nothing in this subsection prohibits the Revenue
204	Estimating Conference from setting forth a range of potential
205	impacts in the fiscal impact statement. Any fiscal impact
206	statement that a court finds not to be in accordance with this
207	section, s. 100.381, or s. 101.161 shall be remanded solely to
208	the Revenue Estimating Conference for redrafting. The Revenue
209	Estimating Conference shall redraft the fiscal impact statement
210	within 15 days.
211	2. If the members of the Revenue Estimating Conference are
212	unable to agree on the statement required by this subsection,
213	the following statement shall appear on the ballot pursuant to
214	s. 101.161(1): "The fiscal impact of this measure, if any,
215	cannot be reasonably determined at this time."
216	(c) The fiscal impact statement must be separately
217	contained and be set forth after the ballot summary as required
218	in s. 101.161(1).
219	(8)(7)The Department of State may adopt rules in
220	accordance with s. 120.54 to carry out the provisions of
221	subsections (1)-(6) (1)-(5) of this section.
222	Section 5. Section 100.381, Florida Statutes, is amended
223	to read:
224	100.381 Constitutional amendments or revisions other than
225	initiatives; fiscal impact statement.--For any amendment or
226	revision proposed pursuant to Art. XI of the State Constitution
227	other than an initiative, the Revenue Estimating Conference
228	shall prepare a fiscal impact statement as provided in s.
229	100.371(7)(6)no later than 80 days before the election on the
230	proposed amendment or revision. The fiscal impact statement must
231	be separately contained and be set forth after the ballot
232	summary as required in s. 101.161(1).
233	Section 6. Subsection (1) of section 101.161, Florida
234	Statutes, is amended to read:
235	101.161 Referenda; ballots.--
236	(1) Whenever a constitutional amendment or other public
237	measure is submitted to the vote of the people, the substance of
238	such amendment or other public measure shall be printed in clear
239	and unambiguous language on the ballot after the list of
240	candidates, followed by the word "yes" and also by the word
241	"no," and shall be styled in such a manner that a "yes" vote
242	will indicate approval of the proposal and a "no" vote will
243	indicate rejection. The wording of the substance of the
244	amendment or other public measure and the ballot title to appear
245	on the ballot shall be embodied in the joint resolution,
246	constitutional revision commission proposal, constitutional
247	convention proposal, taxation and budget reform commission
248	proposal, or enabling resolution or ordinance. Except for
249	amendments and ballot language proposed by joint resolution, the
250	substance of the amendment or other public measure shall be an
251	explanatory statement, not exceeding 75 words in length, of the
252	chief purpose of the measure. In addition, the ballot shall
253	include a separate fiscal impact statement concerning the
254	measure prepared by the Revenue Estimating Conference in
255	accordance with s. 100.371(7)(6)or s. 100.381. The ballot title
256	shall consist of a caption, not exceeding 15 words in length, by
257	which the measure is commonly referred to or spoken of.
258	Section 7. Paragraph (a) of subsection (3) of section
259	216.136, Florida Statutes, is amended to read:
260	216.136 Consensus estimating conferences; duties and
261	principals.--
262	(3) REVENUE ESTIMATING CONFERENCE.--
263	(a) Duties.--The Revenue Estimating Conference shall
264	develop such official information with respect to anticipated
265	state and local government revenues as the conference determines
266	is needed for the state planning and budgeting system. Any
267	principal may request the conference to review and estimate
268	revenues for any trust fund. Also, the conference shall prepare
269	fiscal impact statements for constitutional amendments pursuant
270	to s. 100.371(7)(6).
271	Section 8. This act shall take effect upon becoming a law.