Senate Bill sb1860

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 1860

    By Senator Dockery





    15-1189-05

  1                      A bill to be entitled

  2         An act relating to initiatives; amending s.

  3         100.371, F.S.; providing that violation of the

  4         section invalidates any petition form on which

  5         signatures were obtained through the violation;

  6         prohibiting counting any such signature to

  7         determine number and distribution; providing

  8         that supervisors of elections are responsible

  9         for enforcing provisions relating to submission

10         and verification and that the Secretary of

11         State is otherwise responsible for enforcing

12         the section; providing that signatures gathered

13         by a paid gatherer will not count if the

14         gatherer's name and address do not appear on

15         the form; requiring proposed amendments or

16         revisions proposed by the Legislature to be

17         reviewed by the Financial Impact Estimating

18         Conference; adding principals to the conference

19         for initiative proposals; providing an

20         effective date.

21  

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

23  

24         Section 1.  Section 100.371, Florida Statutes, is

25  amended to read:

26         100.371  Initiatives; procedure for placement on

27  ballot.--

28         (1)  Constitutional amendments proposed by initiative

29  shall be placed on the ballot for the general election

30  occurring in excess of 90 days from the certification of

31  ballot position by the Secretary of State.

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1860
    15-1189-05




 1         (2)  Such certification shall be issued when the

 2  Secretary of State has received verification certificates from

 3  the supervisors of elections indicating that the requisite

 4  number and distribution of valid signatures of electors have

 5  been submitted to and verified by the supervisors. Every

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

 7  period of 4 years following such date, provided all other

 8  requirements of law are complied with.

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

10  prior to obtaining any signatures, register as a political

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

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

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

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

15  of State shall adopt rules pursuant to s. 120.54 prescribing

16  the style and requirements of such form. Upon filing with the

17  Secretary of State, the text of the proposed amendment and all

18  forms filed in connection with this section must, upon

19  request, be made available in alternative formats. A violation

20  of this section by the sponsor of an initiative amendment

21  invalidates each petition form submitted to a supervisor of

22  elections on which signatures were obtained as a result of the

23  violation. Signatures appearing on that form may not be

24  counted in determining the number and distribution of valid

25  signatures.

26         (4)  The sponsor shall submit signed and dated forms to

27  the appropriate supervisor of elections for verification as to

28  the number of registered electors whose valid signatures

29  appear thereon. The supervisor shall promptly verify the

30  signatures upon payment of the fee required by s. 99.097. Upon

31  completion of verification, the supervisor shall execute a

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1860
    15-1189-05




 1  certificate indicating the total number of signatures checked,

 2  the number of signatures verified as valid and as being of

 3  registered electors, and the distribution by congressional

 4  district. The supervisor shall enforce this subsection in

 5  accordance with rules adopted by the Secretary of State. This

 6  certificate shall be immediately transmitted to the Secretary

 7  of State. The supervisor shall retain the signature forms for

 8  at least 1 year following the election in which the issue

 9  appeared on the ballot or until the Division of Elections

10  notifies the supervisors of elections that the committee which

11  circulated the petition is no longer seeking to obtain ballot

12  position.

13         (5)  The Secretary of State shall determine from the

14  verification certificates received from supervisors of

15  elections the total number of verified valid signatures and

16  the distribution of such signatures by congressional

17  districts. Signatures gathered by a person who is compensated

18  for doing so which are on a petition form that does not

19  contain the name and address of the person gathering those

20  signatures may not be counted in determining whether the

21  requisite number and distribution of valid signatures have

22  been obtained. Upon a determination that the requisite number

23  and distribution of valid signatures have been obtained, the

24  secretary shall issue a certificate of ballot position for

25  that proposed amendment and shall assign a designating number

26  pursuant to s. 101.161. A petition shall be deemed to be filed

27  with the Secretary of State upon the date of the receipt by

28  the secretary of a certificate or certificates from

29  supervisors of elections indicating the petition has been

30  signed by the constitutionally required number of electors.

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1860
    15-1189-05




 1         (6)(a)  Within 45 days after receipt of a proposed

 2  revision or amendment to the State Constitution by initiative

 3  petition from the Secretary of State or, within 30 days after

 4  such receipt if receipt occurs 120 days or less before the

 5  election at which the question of ratifying the amendment will

 6  be presented, the Financial Impact Estimating Conference shall

 7  complete an analysis and financial impact statement to be

 8  placed on the ballot of the estimated increase or decrease in

 9  any revenues or costs to state or local governments resulting

10  from the proposed initiative. The Financial Impact Estimating

11  Conference shall submit the financial impact statement to the

12  Attorney General and Secretary of State.

13         (b)1.  The Financial Impact Estimating Conference shall

14  provide an opportunity for any proponents or opponents of the

15  initiative to submit information and may solicit information

16  or analysis from any other entities or agencies, including the

17  Office of Economic and Demographic Research. All meetings of

18  the Financial Impact Estimating Conference shall be open to

19  the public as provided in chapter 286.

20         2.  The Financial Impact Estimating Conference is

21  established to review, analyze, and estimate the financial

22  impact of amendments to or revisions of the State Constitution

23  proposed by initiative. The Financial Impact Estimating

24  Conference shall consist of four principals: one person from

25  the Executive Office of the Governor; the coordinator of the

26  Office of Economic and Demographic Research, or his or her

27  designee; one person from the professional staff of the

28  Senate; and one person from the professional staff of the

29  House of Representatives. However, when the amendment or

30  revision is one proposed by initiative, the Financial Impact

31  Estimating Conference is increased to six principals and must

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1860
    15-1189-05




 1  also include a person representing proponents of the

 2  initiative and a person representing opponents of the

 3  initiative. Each principal shall have appropriate fiscal

 4  expertise in the subject matter of the initiative. A Financial

 5  Impact Estimating Conference may be appointed for each

 6  initiative.

 7         3.  Principals of the Financial Impact Estimating

 8  Conference shall reach a consensus or majority concurrence on

 9  a clear and unambiguous financial impact statement, no more

10  than 75 words in length, and immediately submit the statement

11  to the Attorney General. Nothing in this subsection prohibits

12  the Financial Impact Estimating Conference from setting forth

13  a range of potential impacts in the financial impact

14  statement. Any financial impact statement that a court finds

15  not to be in accordance with this section shall be remanded

16  solely to the Financial Impact Estimating Conference for

17  redrafting. The Financial Impact Estimating Conference shall

18  redraft the financial impact statement within 15 days.

19         4.  If the members of the Financial Impact Estimating

20  Conference are unable to agree on the statement required by

21  this subsection, or if the Supreme Court has rejected the

22  initial submission by the Financial Impact Estimating

23  Conference and no redraft has been approved by the Supreme

24  Court by 5 p.m. on the 75th day before the election, the

25  following statement shall appear on the ballot pursuant to s.

26  101.161(1): "The financial impact of this measure, if any,

27  cannot be reasonably determined at this time."

28         (c)  The financial impact statement must be separately

29  contained and be set forth after the ballot summary as

30  required in s. 101.161(1).

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1860
    15-1189-05




 1         (d)1.  Any financial impact statement that the Supreme

 2  Court finds not to be in accordance with this subsection shall

 3  be remanded solely to the Financial Impact Estimating

 4  Conference for redrafting, provided the court's advisory

 5  opinion is rendered at least 75 days before the election at

 6  which the question of ratifying the amendment will be

 7  presented. The Financial Impact Estimating Conference shall

 8  prepare and adopt a revised financial impact statement no

 9  later than 5 p.m. on the 15th day after the date of the

10  court's opinion.

11         2.  If, by 5 p.m. on the 75th day before the election,

12  the Supreme Court has not issued an advisory opinion on the

13  initial financial impact statement prepared by the Financial

14  Impact Estimating Conference for an initiative amendment that

15  otherwise meets the legal requirements for ballot placement,

16  the financial impact statement shall be deemed approved for

17  placement on the ballot.

18         3.  In addition to the financial impact statement

19  required by this subsection, the Financial Impact Estimating

20  Conference shall draft an initiative financial information

21  statement. The initiative financial information statement

22  should describe in greater detail than the financial impact

23  statement any projected increase or decrease in revenues or

24  costs that the state or local governments would likely

25  experience if the ballot measure were approved. If

26  appropriate, the initiative financial information statement

27  may include both estimated dollar amounts and a description

28  placing the estimated dollar amounts into context. The

29  initiative financial information statement must include both a

30  summary of not more than 500 words and additional detailed

31  information that includes the assumptions that were made to

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1860
    15-1189-05




 1  develop the financial impacts, workpapers, and any other

 2  information deemed relevant by the Financial Impact Estimating

 3  Conference.

 4         4.  The Department of State shall have printed, and

 5  shall furnish to each supervisor of elections, a copy of the

 6  summary from the initiative financial information statements.

 7  The supervisors shall have the summary from the initiative

 8  financial information statements available at each polling

 9  place and at the main office of the supervisor of elections

10  upon request.

11         5.  The Secretary of State and the Office of Economic

12  and Demographic Research shall make available on the Internet

13  each initiative financial information statement in its

14  entirety. In addition, each supervisor of elections whose

15  office has a website shall post the summary from each

16  initiative financial information statement on the website.

17  Each supervisor shall include the Internet addresses for the

18  information statements on the Secretary of State's and the

19  Office of Economic and Demographic Research's websites in the

20  publication or mailing required by s. 101.20.

21         (7)  Unless enforcement authority has been specifically

22  delegated otherwise, the Secretary of State is responsible for

23  enforcing this section.

24         (8)(7)  The Department of State may adopt rules in

25  accordance with s. 120.54 to carry out the provisions of

26  subsections (1)-(6).

27         Section 2.  This act shall take effect July 1, 2005.

28  

29  

30  

31  

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1860
    15-1189-05




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

 2                          SENATE SUMMARY

 3    Makes the Secretary of State responsible for enforcing
      the statute relating to initiatives, except for those
 4    relating to submission and verification of signatures,
      for which supervisors of elections are responsible.
 5    Provides that a violation of the section invalidates
      signatures obtained through the violation. Provides that
 6    signatures obtained by a paid gatherer whose name and
      address is not on the form may not be counted. Provides
 7    for the Financial Impact Estimating Conference to review
      amendments and revisions proposed by the Legislature and
 8    for the addition of two principals for reviewing
      initiatives.
 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.