Senate Bill sb0720c1

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    Florida Senate - 2006                            CS for SB 720

    By the Committee on Ethics and Elections; and Senator Posey





    582-2064-06

  1                      A bill to be entitled

  2         An act relating to initiative procedures and

  3         standards; amending s. 99.097, F.S.; revising

  4         requirements for verification of signatures on

  5         petitions; providing requirements for

  6         initiative sponsors filing for undue burden;

  7         providing procedures to contest alleged

  8         improper signature verification; repealing s.

  9         28, ch. 2005-278, Laws of Florida, relating to

10         procedures for placement of initiatives on the

11         ballot; amending s. 100.371, F.S.; revising

12         procedures for placing an initiative on the

13         ballot; providing requirements for information

14         to be contained on petitions; providing

15         procedure for revocation of a petition

16         signature; requiring a statement on the ballot

17         regarding the financial impact statement;

18         providing regulation for initiative petition

19         circulators and their activities; repealing s.

20         33, ch. 2005-278, Laws of Florida, relating to

21         referenda and ballots; amending s. 101.161,

22         F.S.; conforming a cross-reference; providing

23         for verifying and counting signatures submitted

24         for verification before the effective date of

25         the act; requiring resubmission and reapproval

26         of petition forms; providing for severability;

27         providing effective dates.

28  

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

30  

31  

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 1         Section 1.  Subsections (1), (3), and (4) of section

 2  99.097, Florida Statutes, are amended, and subsection (6) is

 3  added to that section, to read:

 4         99.097  Verification of signatures on petitions.--

 5         (1)  As determined by each supervisor, based upon local

 6  conditions, the verification of signatures checking of names

 7  on petitions may be based on the most inexpensive and

 8  administratively feasible of either of the following methods

 9  of verification:

10         (a)  A name-by-name, signature-by-signature check of

11  the number of valid authorized signatures on the petitions; or

12         (b)  A check of a random sample, as provided by the

13  Department of State, of names and signatures on the petitions.

14  The sample must be such that a determination can be made as to

15  whether or not the required number of valid signatures has

16  have been obtained with a reliability of at least 99.5

17  percent. Rules and guidelines for this method of petition

18  verification shall be promulgated by the Department of State,

19  which may include a requirement that petitions bear an

20  additional number of names and signatures, not to exceed 15

21  percent of the names and signatures otherwise required.  If

22  the petitions do not meet such criteria, then the use of the

23  verification method described in this paragraph shall not be

24  available to supervisors.

25  

26  Notwithstanding any other provision of law, petitions to

27  secure ballot placement for an issue, and petition revocations

28  directed thereto pursuant to s. 100.371, must be verified by

29  the method provided in paragraph (a).

30         (3)(a)  A signature name on a petition, in a name that

31  which name is not in substantially the same form as a name on

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 1  the voter registration books, shall be counted as a valid

 2  signature if, after comparing the signature on the petition

 3  with the signature of the alleged signer as shown on the

 4  registration books, the supervisor determines that the person

 5  signing the petition and the person who registered to vote are

 6  one and the same.  In any situation in which this code

 7  requires the form of the petition to be prescribed by the

 8  division, no signature shall be counted toward the number of

 9  signatures required unless it is on a petition form prescribed

10  by the division.

11         (b)  If a voter signs a petition and lists an address

12  other than the legal residence where the voter is registered,

13  the supervisor shall treat the signature as if the voter had

14  listed the address where the voter is registered.

15         (4)(a)  The supervisor shall be paid in advance the sum

16  of 10 cents for each signature verified checked or the actual

17  cost of verifying checking such signature, whichever is less,

18  by the candidate or, in the case of a petition to have an

19  issue placed on the ballot by initiative, by the initiative

20  sponsor person or organization submitting the petition.

21  However, if a candidate or initiative sponsor, person, or

22  organization seeking to have an issue placed upon the ballot

23  cannot pay such charges without imposing an undue burden on

24  personal resources or upon the resources otherwise available

25  to such candidate or initiative sponsor, person, or

26  organization, such candidate or initiative sponsor, person, or

27  organization shall, upon written certification of such

28  inability given under oath to the supervisor, be entitled to

29  have the signatures verified at no charge.  In the event a

30  candidate or initiative sponsor, person, or organization

31  submitting a petition to have an issue placed upon the ballot

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 1  is entitled to have the signatures verified at no charge, the

 2  supervisor of elections of each county in which the signatures

 3  are verified at no charge shall submit the total number of

 4  such signatures checked in the county to the Chief Financial

 5  Officer no later than December 1 of the general election year,

 6  and the Chief Financial Officer shall cause such supervisor of

 7  elections to be reimbursed from the General Revenue Fund in an

 8  amount equal to 10 cents for each signature verified name

 9  checked or the actual cost of verifying checking such

10  signatures, whichever is less.  In no event shall such

11  reimbursement of costs be deemed or applied as extra

12  compensation for the supervisor. Petitions shall be retained

13  by the supervisors for a period of 1 year following the

14  election for which the petitions were circulated.

15         (b)  An initiative sponsor that has filed a

16  certification of undue burden may not provide compensation to

17  any paid petition circulator, as defined in s. 100.371, unless

18  the initiative sponsor first pays all supervisors for each

19  signature verified or reimburses the General Revenue Fund for

20  such costs. If an initiative sponsor subject to this paragraph

21  provides compensation to a paid petition circulator before the

22  date the initiative sponsor pays all supervisors for each

23  signature verified or reimburses the General Revenue Fund for

24  such costs, no signature on a petition circulated by the paid

25  petition circulator before that date may be counted toward the

26  number of valid signatures required for ballot placement until

27  the initiative sponsor pays all supervisors for each signature

28  checked or reimburses the General Revenue Fund for such costs.

29         (6)(a)  The alleged improper verification of a

30  signature on a petition to secure ballot placement for an

31  issue pursuant to this code may be contested in the circuit

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 1  court by a political committee or by an elector. The

 2  contestant shall file a complaint setting forth the basis of

 3  the contest, together with the fees prescribed in chapter 28,

 4  with the clerk of the circuit court in the county in which the

 5  petition is certified or in Leon County if the complaint is

 6  directed to petitions certified in more than one county.

 7         (b)  If the contestant demonstrates by a preponderance

 8  of the evidence that one or more petitions were improperly

 9  verified, the signatures appearing on such petitions may not

10  be counted toward the number of valid signatures required for

11  ballot placement. If an action brought under this subsection

12  is resolved after the Secretary of State has issued a

13  certificate of ballot position for the issue, but the

14  contestant demonstrates that the initiative sponsor had

15  obtained verification of an insufficient number of valid and

16  verified signatures to qualify for ballot placement, the issue

17  shall be removed from the ballot or, if such action is

18  impractical, any votes cast for or against the issue may not

19  be counted and shall be invalidated.

20         (c)  An action under this subsection must be commenced

21  no later than 90 days after the Secretary of State issues a

22  certificate of ballot position for the issue.

23         Section 2.  Section 100.371, Florida Statutes, is

24  amended to read:

25         100.371  Initiatives; procedure for placement on

26  ballot.--

27         (1)  Constitutional amendments proposed by initiative

28  shall be placed on the ballot for the general election if an

29  initiative petition is filed with the Secretary of State by

30  February 1 of the year in which the general election is to be

31  

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 1  held occurring in excess of 90 days from the certification of

 2  ballot position by the Secretary of State.

 3         (2)  Certification of ballot position Such

 4  certification shall be issued when the Secretary of State has

 5  received verification certificates from the supervisors of

 6  elections indicating that the requisite number and

 7  distribution of valid petitions bearing the signatures of

 8  electors have been submitted to and verified by the

 9  supervisors. Every signature shall be dated by the elector

10  when made. Signatures are and shall be valid for a period of 4

11  years following such date, provided all other requirements of

12  law are satisfied 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 form

19  shall consist of a single card or sheet of paper unconnected

20  with any other card or sheet of paper and must be circulated

21  for signatures in this format. The division Secretary of State

22  shall adopt rules pursuant to s. 120.54 prescribing the style

23  and requirements of such form. Upon filing with the Secretary

24  of State, the text of the proposed amendment and all forms

25  filed in connection with this section must, upon request, be

26  made available in alternative formats. The contents of a

27  petition form are limited to those items required by statute

28  or rule. A petition form is a political advertisement as

29  defined in s. 106.011 and, as such, must comply with all

30  relevant requirements of chapter 106.

31  

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 1         (4)  The supervisor of elections shall record the date

 2  each petition form is received by the supervisor and the date

 3  the signature on the form is verified as valid. The supervisor

 4  shall verify that the signature on a petition form is valid

 5  only if the form complies with all of the following:

 6         (a)  The form must contain the original signature of

 7  the purported elector;

 8         (b)  The purported elector must accurately record on

 9  the form the date on which he or she signed the form;

10         (c)  The date the elector signed the form, as recorded

11  by the elector, must be no more than 35 days before the date

12  the form is received by the supervisor of elections;

13         (d)  The form must accurately set forth the purported

14  elector's name, street address, county, and voter registration

15  number or date of birth; and

16         (e)  The purported elector must be, at the time he or

17  she signs the form, a duly qualified and registered elector

18  authorized to vote in the county in which his or her signature

19  is submitted.

20         (5)  An elector's signature on a petition form may be

21  revoked by submitting to the appropriate supervisor of

22  elections a signed petition-revocation form adopted by rule

23  for this purpose by the division. The petition-revocation form

24  is subject to the same relevant requirements as the

25  corresponding petition form under this code and must be

26  approved by the Secretary of State before any signature is

27  obtained. The petition-revocation form shall be filed with the

28  supervisor of elections no later than the February 1 preceding

29  the next general election or, if the initiative amendment is

30  not certified for ballot position in that election, no later

31  than the February 1 preceding the next successive general

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 1  election. The supervisor of elections shall promptly verify

 2  the signature on the petition-revocation form and process such

 3  revocation within 30 days after receiving payment of a fee of

 4  10 cents or the actual cost of verifying such signature,

 5  whichever is less.

 6         (6)(a)  If a person is presented with a petition form

 7  or petition-revocation form for his or her possible signature

 8  by a petition circulator, then the person must record this

 9  fact on the form and the name and address of the petition

10  circulator must legibly appear on the form before the

11  signature on the form may be verified by the supervisor. For

12  purposes of this subsection, "petition circulator" means any

13  person who, in the context of a direct face-to-face

14  conversation, presents to another person for his or her

15  possible signature a petition form or petition-revocation form

16  regarding ballot placement for an initiative.

17         (b)  A paid petition circulator shall, when engaged in

18  the activities described in paragraph (1)(a), wear a prominent

19  badge, in a form and manner prescribed by rule by the

20  division, identifying him or her as a "PAID PETITION

21  CIRCULATOR." For purposes of this subsection, "paid petition

22  circulator" means a petition circulator who receives any

23  compensation as a direct or indirect consequence of these

24  activities.

25         (7)  In addition to any other practice or action

26  permissible under law, an owner, lessee, or other person

27  lawfully exercising control over private property may:

28         (a)  Prohibit persons from engaging in activity on the

29  property which supports or opposes initiatives;

30  

31  

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 1         (b)  Permit or prohibit persons from engaging in

 2  activity on the property in support of or opposition to a

 3  particular initiative; or

 4         (c)  Permit persons to engage in activity on the

 5  property which supports or opposes initiatives, subject to

 6  restrictions with respect to time, place, and manner which are

 7  reasonable and uniformly applied.

 8         (8)  A signed petition form or petition-revocation form

 9  regarding ballot placement for an initiative which does not

10  fully comply with the applicable provisions of this code, or

11  which was obtained in violation of the applicable provisions

12  of this code, may be verified by the supervisor of elections

13  and counted toward the number of valid signatures required for

14  ballot placement only after those deficiencies or violations

15  are corrected.

16         (9)(4)  The sponsor shall submit signed and dated forms

17  to the appropriate supervisor of elections for verification as

18  to the number of registered electors whose valid signatures

19  appear thereon. The supervisor shall promptly verify the

20  signatures within 30 days after receiving upon payment of the

21  fee required by s. 99.097. Upon completion of verification,

22  the supervisor shall execute a certificate indicating the

23  total number of signatures checked, the number of signatures

24  verified as valid and as being of registered electors, the

25  number of signatures validly revoked pursuant to subsection

26  (5), and the distribution of such signatures by congressional

27  district. This certificate shall be immediately transmitted to

28  the Secretary of State. The supervisor shall retain the signed

29  petition signature forms and petition-revocation forms for at

30  least 1 year following the election in which the issue

31  appeared on the ballot or until the Division of Elections

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 1  notifies the supervisors of elections that the committee which

 2  circulated the petition is no longer seeking to obtain ballot

 3  position.

 4         (10)(5)  The Secretary of State shall determine from

 5  the verification certificates received from supervisors of

 6  elections the total number of verified valid signatures and

 7  the distribution of such signatures by congressional

 8  districts. Upon a determination that the requisite number and

 9  distribution of valid signatures have been obtained, the

10  secretary shall issue a certificate of ballot position for

11  that proposed amendment and shall assign a designating number

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

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

14  the secretary of a certificate or certificates from

15  supervisors of elections indicating that valid and verified

16  the petition forms have has been signed by the

17  constitutionally required number and distribution of electors

18  pursuant to this code, subject to the right of revocation

19  established in this section.

20         (11)(6)(a)  Within 45 days after receipt of a proposed

21  revision or amendment to the State Constitution by initiative

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

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

24  election at which the question of ratifying the amendment will

25  be presented, the Financial Impact Estimating Conference shall

26  complete an analysis and financial impact statement to be

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

28  any revenues or costs to state or local governments resulting

29  from the proposed initiative. The ballot must include a

30  statement, as prescribed by rule of the Department of State,

31  to the effect that the financial impact statement is required

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 1  under the State Constitution and the Florida Statutes and

 2  should not be construed as an endorsement by the state of the

 3  proposed revision or amendment to the State Constitution. The

 4  Financial Impact Estimating Conference shall submit the

 5  financial impact statement to the Attorney General and

 6  Secretary of State.

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

 8  provide an opportunity for any proponents or opponents of the

 9  initiative to submit information and may solicit information

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

11  Office of Economic and Demographic Research. All meetings of

12  the Financial Impact Estimating Conference shall be open to

13  the public as provided in chapter 286.

14         2.  The Financial Impact Estimating Conference is

15  established to review, analyze, and estimate the financial

16  impact of amendments to or revisions of the State Constitution

17  proposed by initiative. The Financial Impact Estimating

18  Conference shall consist of four principals: one person from

19  the Executive Office of the Governor; the coordinator of the

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

21  designee; one person from the professional staff of the

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

23  House of Representatives. Each principal shall have

24  appropriate fiscal expertise in the subject matter of the

25  initiative. A Financial Impact Estimating Conference may be

26  appointed for each initiative.

27         3.  Principals of the Financial Impact Estimating

28  Conference shall reach a consensus or majority concurrence on

29  a clear and unambiguous financial impact statement, no more

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

31  to the Attorney General. Nothing in this subsection prohibits

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 1  the Financial Impact Estimating Conference from setting forth

 2  a range of potential impacts in the financial impact

 3  statement. Any financial impact statement that a court finds

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

 5  solely to the Financial Impact Estimating Conference for

 6  redrafting. The Financial Impact Estimating Conference shall

 7  redraft the financial impact statement within 15 days.

 8         4.  If the members of the Financial Impact Estimating

 9  Conference are unable to agree on the statement required by

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

11  initial submission by the Financial Impact Estimating

12  Conference and no redraft has been approved by the Supreme

13  Court by April 1 of the year in which the general election is

14  to be held 5 p.m. on the 75th day before the election, the

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

16  101.161(1): "The financial impact of this measure, if any,

17  cannot be reasonably determined at this time."

18         (c)  The financial impact statement must be separately

19  contained and be set forth after the ballot summary as

20  required in s. 101.161(1).

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

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

23  be remanded solely to the Financial Impact Estimating

24  Conference for redrafting, provided the court's advisory

25  opinion is rendered by April 1 of the year in which the

26  general election is to be held at least 75 days before the

27  election at which the question of ratifying the amendment will

28  be presented. The Financial Impact Estimating Conference shall

29  prepare and adopt a revised financial impact statement no

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

31  court's opinion.

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 1         2.  If, by 5 p.m. on April 1 of the year in which the

 2  general election is to be held the 75th day before the

 3  election, the Supreme Court has not issued an advisory opinion

 4  on the initial financial impact statement prepared by the

 5  Financial Impact Estimating Conference for an initiative

 6  amendment that otherwise meets the legal requirements for

 7  ballot placement, the financial impact statement shall be

 8  deemed approved for placement on the ballot.

 9         3.  In addition to the financial impact statement

10  required by this subsection, the Financial Impact Estimating

11  Conference shall draft an initiative financial information

12  statement. The initiative financial information statement

13  should describe in greater detail than the financial impact

14  statement any projected increase or decrease in revenues or

15  costs that the state or local governments would likely

16  experience if the ballot measure were approved. If

17  appropriate, the initiative financial information statement

18  may include both estimated dollar amounts and a description

19  placing the estimated dollar amounts into context. The

20  initiative financial information statement must include both a

21  summary of not more than 500 words and additional detailed

22  information that includes the assumptions that were made to

23  develop the financial impacts, workpapers, and any other

24  information deemed relevant by the Financial Impact Estimating

25  Conference.

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

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

28  summary from the initiative financial information statements.

29  The supervisors shall have the summary from the initiative

30  financial information statements available at each polling

31  

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

 2  upon request.

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

 4  and Demographic Research shall make available on the Internet

 5  each initiative financial information statement in its

 6  entirety. In addition, each supervisor of elections whose

 7  office has a website shall post the summary from each

 8  initiative financial information statement on the website.

 9  Each supervisor shall include the Internet addresses for the

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

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

12  publication or mailing required by s. 101.20.

13         (12)(7)  The division Department of State may adopt

14  rules in accordance with s. 120.54 to carry out this section

15  the provisions of subsections (1)-(6).

16         Section 3.  Section 28 of chapter 2005-278, Laws of

17  Florida, is repealed.

18         Section 4.  Effective January 1, 2007, section 100.371,

19  Florida Statutes, as amended by this act, is amended to read:

20         100.371  Initiatives; procedure for placement on

21  ballot.--

22         (1)  Constitutional amendments proposed by initiative

23  shall be placed on the ballot for the general election if an

24  initiative petition is filed with the Secretary of State by

25  February 1 of the year in which the general election is to be

26  held. A petition shall be deemed to be filed with the

27  Secretary of State upon the date that the secretary determines

28  that valid and verified petitions have been signed by the

29  constitutionally required number and distribution of electors

30  pursuant to this code, subject to the right of revocation

31  established in this section.

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 1         (2)  Certification of ballot position shall be issued

 2  when the Secretary of State has received verification

 3  certificates from the supervisors of elections indicating that

 4  the requisite number and distribution of valid petitions

 5  bearing the signatures of electors have been submitted to and

 6  verified by the supervisors. Every signature shall be dated by

 7  the elector when made. Signatures are valid for a period of 4

 8  years following such date, provided all other requirements of

 9  law are satisfied.

10         (2)(3)  The sponsor of an initiative amendment shall,

11  prior to obtaining any signatures, register as a political

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

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

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

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

16  shall consist of a single card or sheet of paper unconnected

17  with any other card or sheet of paper and must be circulated

18  for signatures in this format. The division shall adopt rules

19  pursuant to s. 120.54 prescribing the style and requirements

20  of such form. Upon filing with the Secretary of State, the

21  text of the proposed amendment and all forms filed in

22  connection with this section must, upon request, be made

23  available in alternative formats. The contents of a petition

24  form are limited to those items required by statute or rule. A

25  petition form is a political advertisement as defined in s.

26  106.011 and, as such, must comply with all relevant

27  requirements of chapter 106.

28         (3)(4)  The supervisor of elections shall record the

29  date each petition form is received by the supervisor and the

30  date the signature on the form is verified as valid. The

31  supervisor shall also promptly record these dates in the

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 1  statewide voter registration system in the manner prescribed

 2  by the Secretary of State. The supervisor shall verify that

 3  the signature on a petition form is valid only if the form

 4  complies with all of the following:

 5         (a)  The form must contain the original signature of

 6  the purported elector;

 7         (b)  The purported elector must accurately record on

 8  the form the date on which he or she signed the form;

 9         (c)  The date the elector signed the form, as recorded

10  by the elector, must be no more than 35 days before the date

11  the form is received by the supervisor of elections;

12         (d)  The form must accurately set forth the purported

13  elector's name, street address, county, and voter registration

14  number or date of birth; and

15         (e)  The purported elector must be, at the time he or

16  she signs the form, a duly qualified and registered elector

17  authorized to vote in the county in which his or her signature

18  is submitted.

19         (4)(5)  An elector's signature on a petition form may

20  be revoked by submitting to the appropriate supervisor of

21  elections a signed petition-revocation form adopted by rule

22  for this purpose by the division. The petition-revocation form

23  is subject to the same relevant requirements as the

24  corresponding petition form under this code and must be

25  approved by the Secretary of State before any signature is

26  obtained. The petition-revocation form shall be filed with the

27  supervisor of elections no later than the February 1 preceding

28  the next general election or, if the initiative amendment is

29  not certified for ballot position in that election, no later

30  than the February 1 preceding the next successive general

31  election. The supervisor of elections shall promptly verify

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 1  the signature on the petition-revocation form and process such

 2  revocation within 30 days after receiving payment of a fee of

 3  10 cents or the actual cost of verifying such signature,

 4  whichever is less. The supervisor shall promptly record each

 5  valid petition-revocation in the statewide voter registration

 6  system in the manner prescribed by the Secretary of State.

 7         (5)(6)(a)  If a person is presented with a petition

 8  form or petition-revocation form for his or her possible

 9  signature by a petition circulator, then the person must

10  record this fact on the form and the name and address of the

11  petition circulator must legibly appear on the form before the

12  signature on the form may be verified by the supervisor. For

13  purposes of this subsection, "petition circulator" means any

14  person who, in the context of a direct face-to-face

15  conversation, presents to another person for his or her

16  possible signature a petition form or petition-revocation form

17  regarding ballot placement for an initiative.

18         (b)  A paid petition circulator shall, when engaged in

19  the activities described in paragraph (1)(a), wear a prominent

20  badge, in a form and manner prescribed by rule by the

21  division, identifying him or her as a "PAID PETITION

22  CIRCULATOR." For purposes of this subsection, "paid petition

23  circulator" means a petition circulator who receives any

24  compensation as a direct or indirect consequence of these

25  activities.

26         (6)(7)  In addition to any other practice or action

27  permissible under law, an owner, lessee, or other person

28  lawfully exercising control over private property may:

29         (a)  Prohibit persons from engaging in activity on the

30  property which supports or opposes initiatives;

31  

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 1         (b)  Permit or prohibit persons from engaging in

 2  activity on the property in support of or opposition to a

 3  particular initiative; or

 4         (c)  Permit persons to engage in activity on the

 5  property which supports or opposes initiatives, subject to

 6  restrictions with respect to time, place, and manner which are

 7  reasonable and uniformly applied.

 8         (7)(8)  A signed petition form or petition-revocation

 9  form regarding ballot placement for an initiative which does

10  not fully comply with the applicable provisions of this code,

11  or which was obtained in violation of the applicable

12  provisions of this code, may be verified by the supervisor of

13  elections and counted toward the number of valid signatures

14  required for ballot placement only after those deficiencies or

15  violations are corrected.

16         (8)(9)  Each signature shall be dated by the elector

17  when made and shall be valid for a period of 4 years following

18  such date, if all other requirements of law are met. The

19  sponsor shall submit signed and dated forms to the appropriate

20  supervisor of elections for verification as to the number of

21  registered electors whose valid signatures appear thereon. The

22  supervisor shall promptly verify the signatures within 30 days

23  after receiving payment of the fee required by s. 99.097. The

24  supervisor shall promptly record each petition verified as

25  valid in the statewide voter registration system in the manner

26  prescribed by the Secretary of State. Upon completion of

27  verification, the supervisor shall execute a certificate

28  indicating the total number of signatures checked, the number

29  of signatures verified as valid and as being of registered

30  electors, the number of signatures validly revoked pursuant to

31  subsection (5), and the distribution of such signatures by

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 1  congressional district. This certificate shall be immediately

 2  transmitted to the Secretary of State. The supervisor shall

 3  retain the signed petition forms and petition-revocation forms

 4  for at least 1 year following the election in which the issue

 5  appeared on the ballot or until the Division of Elections

 6  notifies the supervisors of elections that the committee which

 7  circulated the petition is no longer seeking to obtain ballot

 8  position.

 9         (9)(10)  The Secretary of State shall determine from

10  the signatures verified by the verification certificates

11  received from supervisors of elections and recorded in the

12  statewide voter registration system the total number of

13  verified valid signatures and the distribution of such

14  signatures by congressional districts. Upon a determination

15  that the requisite number and distribution of valid signatures

16  have been obtained, the secretary shall issue a certificate of

17  ballot position for that proposed amendment and shall assign a

18  designating number pursuant to s. 101.161. A petition shall be

19  deemed to be filed with the Secretary of State upon the date

20  of the receipt by the secretary of a certificate or

21  certificates from supervisors of elections indicating that

22  valid and verified petition forms have been signed by the

23  constitutionally required number and distribution of electors

24  pursuant to this code, subject to the right of revocation

25  established in this section.

26         (10)(11)(a)  Within 45 days after receipt of a proposed

27  revision or amendment to the State Constitution by initiative

28  petition from the Secretary of State, the Financial Impact

29  Estimating Conference shall complete an analysis and financial

30  impact statement to be placed on the ballot of the estimated

31  increase or decrease in any revenues or costs to state or

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 1  local governments resulting from the proposed initiative. The

 2  ballot must include a statement, as prescribed by rule of the

 3  Department of State, to the effect that the financial impact

 4  statement is required under the State Constitution and the

 5  Florida Statutes and should not be construed as an endorsement

 6  by the state of the proposed revision or amendment to the

 7  State Constitution. The Financial Impact Estimating Conference

 8  shall submit the financial impact statement to the Attorney

 9  General and Secretary of State.

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

11  provide an opportunity for any proponents or opponents of the

12  initiative to submit information and may solicit information

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

14  Office of Economic and Demographic Research. All meetings of

15  the Financial Impact Estimating Conference shall be open to

16  the public as provided in chapter 286.

17         2.  The Financial Impact Estimating Conference is

18  established to review, analyze, and estimate the financial

19  impact of amendments to or revisions of the State Constitution

20  proposed by initiative. The Financial Impact Estimating

21  Conference shall consist of four principals: one person from

22  the Executive Office of the Governor; the coordinator of the

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

24  designee; one person from the professional staff of the

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

26  House of Representatives. Each principal shall have

27  appropriate fiscal expertise in the subject matter of the

28  initiative. A Financial Impact Estimating Conference may be

29  appointed for each initiative.

30         3.  Principals of the Financial Impact Estimating

31  Conference shall reach a consensus or majority concurrence on

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 1  a clear and unambiguous financial impact statement, no more

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

 3  to the Attorney General. Nothing in this subsection prohibits

 4  the Financial Impact Estimating Conference from setting forth

 5  a range of potential impacts in the financial impact

 6  statement. Any financial impact statement that a court finds

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

 8  solely to the Financial Impact Estimating Conference for

 9  redrafting. The Financial Impact Estimating Conference shall

10  redraft the financial impact statement within 15 days.

11         4.  If the members of the Financial Impact Estimating

12  Conference are unable to agree on the statement required by

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

14  initial submission by the Financial Impact Estimating

15  Conference and no redraft has been approved by the Supreme

16  Court by April 1 of the year in which the general election is

17  to be held, the following statement shall appear on the ballot

18  pursuant to s. 101.161(1): "The financial impact of this

19  measure, if any, cannot be reasonably determined at this

20  time."

21         (c)  The financial impact statement must be separately

22  contained and be set forth after the ballot summary as

23  required in s. 101.161(1).

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

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

26  be remanded solely to the Financial Impact Estimating

27  Conference for redrafting, provided the court's advisory

28  opinion is rendered by April 1 of the year in which the

29  general election is to be held. The Financial Impact

30  Estimating Conference shall prepare and adopt a revised

31  

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 1  financial impact statement no later than 5 p.m. on the 15th

 2  day after the date of the court's opinion.

 3         2.  If, by 5 p.m. on April 1 of the year in which the

 4  general election is to be held, the Supreme Court has not

 5  issued an advisory opinion on the initial financial impact

 6  statement prepared by the Financial Impact Estimating

 7  Conference for an initiative amendment that otherwise meets

 8  the legal requirements for ballot placement, the financial

 9  impact statement shall be deemed approved for placement on the

10  ballot.

11         3.  In addition to the financial impact statement

12  required by this subsection, the Financial Impact Estimating

13  Conference shall draft an initiative financial information

14  statement. The initiative financial information statement

15  should describe in greater detail than the financial impact

16  statement any projected increase or decrease in revenues or

17  costs that the state or local governments would likely

18  experience if the ballot measure were approved. If

19  appropriate, the initiative financial information statement

20  may include both estimated dollar amounts and a description

21  placing the estimated dollar amounts into context. The

22  initiative financial information statement must include both a

23  summary of not more than 500 words and additional detailed

24  information that includes the assumptions that were made to

25  develop the financial impacts, workpapers, and any other

26  information deemed relevant by the Financial Impact Estimating

27  Conference.

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

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

30  summary from the initiative financial information statements.

31  The supervisors shall have the summary from the initiative

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 1  financial information statements available at each polling

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

 3  upon request.

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

 5  and Demographic Research shall make available on the Internet

 6  each initiative financial information statement in its

 7  entirety. In addition, each supervisor of elections whose

 8  office has a website shall post the summary from each

 9  initiative financial information statement on the website.

10  Each supervisor shall include the Internet addresses for the

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

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

13  publication or mailing required by s. 101.20.

14         (11)(12)  The division may adopt rules in accordance

15  with s. 120.54 to carry out this section.

16         Section 5.  Subsection (1) of section 101.161, Florida

17  Statutes, is amended to read:

18         101.161  Referenda; ballots.--

19         (1)  Whenever a constitutional amendment or other

20  public measure is submitted to the vote of the people, the

21  substance of such amendment or other public measure shall be

22  printed in clear and unambiguous language on the ballot after

23  the list of candidates, followed by the word "yes" and also by

24  the word "no," and shall be styled in such a manner that a

25  "yes" vote will indicate approval of the proposal and a "no"

26  vote will indicate rejection. The wording of the substance of

27  the amendment or other public measure and the ballot title to

28  appear on the ballot shall be embodied in the joint

29  resolution, constitutional revision commission proposal,

30  constitutional convention proposal, taxation and budget reform

31  commission proposal, or enabling resolution or ordinance.

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 1  Except for amendments and ballot language proposed by joint

 2  resolution, the substance of the amendment or other public

 3  measure shall be an explanatory statement, not exceeding 75

 4  words in length, of the chief purpose of the measure. In

 5  addition, for every amendment proposed by initiative, the

 6  ballot shall include, following the ballot summary, a separate

 7  financial impact statement concerning the measure prepared by

 8  the Financial Impact Estimating Conference in accordance with

 9  s. 100.371(11) s. 100.371(6). The ballot title shall consist

10  of a caption, not exceeding 15 words in length, by which the

11  measure is commonly referred to or spoken of.

12         Section 6.  Section 33 of chapter 2005-278, Laws of

13  Florida, is repealed.

14         Section 7.  Effective January 1, 2007, subsection (1)

15  of section 101.161, Florida Statutes, as amended by this act,

16  is amended to read:

17         101.161  Referenda; ballots.--

18         (1)  Whenever a constitutional amendment or other

19  public measure is submitted to the vote of the people, the

20  substance of such amendment or other public measure shall be

21  printed in clear and unambiguous language on the ballot after

22  the list of candidates, followed by the word "yes" and also by

23  the word "no," and shall be styled in such a manner that a

24  "yes" vote will indicate approval of the proposal and a "no"

25  vote will indicate rejection. The wording of the substance of

26  the amendment or other public measure and the ballot title to

27  appear on the ballot shall be embodied in the joint

28  resolution, constitutional revision commission proposal,

29  constitutional convention proposal, taxation and budget reform

30  commission proposal, or enabling resolution or ordinance.

31  Except for amendments and ballot language proposed by joint

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 1  resolution, the substance of the amendment or other public

 2  measure shall be an explanatory statement, not exceeding 75

 3  words in length, of the chief purpose of the measure. In

 4  addition, for every amendment proposed by initiative, the

 5  ballot shall include, following the ballot summary, a separate

 6  financial impact statement concerning the measure prepared by

 7  the Financial Impact Estimating Conference in accordance with

 8  s. 100.371(10) s. 100.371(11). The ballot title shall consist

 9  of a caption, not exceeding 15 words in length, by which the

10  measure is commonly referred to or spoken of.

11         Section 8.  Any signature gathered on a previously

12  approved initiative petition form that has been submitted for

13  verification before August 1, 2006, may be verified and

14  counted, if otherwise valid. However, any initiative petition

15  form that is submitted for verification on or after that date

16  may be verified and counted only if it complies with this act

17  and has been approved by the Secretary of State before

18  obtaining elector signatures.

19         Section 9.  If any provision of this act or its

20  application to any person or circumstance is held invalid, the

21  invalidity does not affect other provisions or applications of

22  the act which can be given effect without the invalid

23  provision or application, and to this end the provisions of

24  this act are severable.

25         Section 10.  Except as otherwise expressly provided in

26  this act, this act shall take effect August 1, 2006.

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 720

 3                                 

 4  Committee Substitute for Senate Bill 720 imposes a series of
    requirements on the initiative petition process. The committee
 5  substitute prohibits issue petition sponsors who file
    certifications of undue burden from paying petition
 6  circulators before paying supervisors or reimbursing the
    General Revenue Fund for the costs of verifying signatures.
 7  The proposed language provides for petition review through
    which an elector may revoke his or her signature on a
 8  petition. The committee substitute codifies the current
    requirement that issue petitions and petition revocations must
 9  be verified by a name-by-name, signature-by-signature check of
    the number of valid signatures on the petitions. The committee
10  substitute clarifies the rights of property owners with regard
    to petition circulators. The proposed language also provides
11  procedures to contest the improper verification of signatures
    in court. The committee substitute also revises the procedures
12  for placing an initiative on the ballot and the requirements
    for information on petitions.
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