HB 0773CS

CHAMBER ACTION



1The Transportation & Economic Development Appropriations
2Committee recommends the following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to initiative procedures and standards;
8amending s. 99.097, F.S.; revising requirements for
9verification of signatures on petitions; providing
10requirements for initiative sponsors filing for undue
11burden; providing procedures to contest alleged improper
12signature verification; repealing s. 28, ch. 2005-278,
13Laws of Florida, relating to procedures for placement of
14initiatives on the ballot; amending s. 100.371, F.S.;
15revising procedures for placing an initiative on the
16ballot; providing requirements for information to be
17contained on petitions; providing procedure for revocation
18of a petition signature; requiring a statement on the
19ballot regarding the financial impact statement; providing
20regulation for initiative petition circulators and their
21activities; repealing s. 33, ch. 2005-278, Laws of
22Florida, relating to referenda and ballots; amending s.
23101.161, F.S.; conforming a cross-reference; providing for
24verifying and counting signatures submitted for
25verification before the effective date of the act;
26providing severability; providing effective dates.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Subsections (1), (3), and (4) of section
3199.097, Florida Statutes, are amended, and subsection (6) is
32added to that section, to read:
33     99.097  Verification of signatures on petitions.--
34     (1)  As determined by each supervisor, based upon local
35conditions, the verification of signatures checking of names on
36petitions may be based on the most inexpensive and
37administratively feasible of either of the following methods of
38verification:
39     (a)  A name-by-name, signature-by-signature check of the
40number of valid authorized signatures on the petitions; or
41     (b)  A check of a random sample, as provided by the
42Department of State, of names and signatures on the petitions.
43The sample must be such that a determination can be made as to
44whether or not the required number of valid signatures has have
45been obtained with a reliability of at least 99.5 percent. Rules
46and guidelines for this method of petition verification shall be
47adopted promulgated by the Department of State, which may
48include a requirement that petitions bear an additional number
49of names and valid signatures, not to exceed 15 percent of the
50names and valid signatures otherwise required. If the petitions
51do not meet such criteria, then the use of the verification
52method described in this paragraph shall not be available to
53supervisors.
54
55Notwithstanding any other provision of law, petitions to secure
56ballot placement for an issue, and petition revocations directed
57thereto pursuant to s. 100.371, must be verified by the method
58provided in paragraph (a).
59     (3)(a)  A signature name on a petition, in a name that
60which name is not in substantially the same form as a name on
61the voter registration books, shall be counted as a valid
62signature if, after comparing the signature on the petition with
63the signature of the alleged signer as shown on the registration
64books, the supervisor determines that the person signing the
65petition and the person who registered to vote are one and the
66same. In any situation in which this code requires the form of
67the petition to be prescribed by the division, no signature
68shall be counted toward the number of signatures required unless
69it is on a petition form prescribed by the division.
70     (b)  If a voter signs a petition and lists an address other
71than the legal residence where the voter is registered, the
72supervisor shall treat the signature as if the voter had listed
73the address where the voter is registered.
74     (4)(a)  The supervisor shall be paid in advance the sum of
7510 cents for each signature verified checked or the actual cost
76of verifying checking such signature, whichever is less, by the
77candidate or, in the case of a petition to have an issue placed
78on the ballot by initiative, by the initiative sponsor person or
79organization submitting the petition. However, if a candidate or
80initiative sponsor, person, or organization seeking to have an
81issue placed upon the ballot cannot pay such charges without
82imposing an undue burden on personal resources or upon the
83resources otherwise available to such candidate or initiative
84sponsor, person, or organization, such candidate or initiative
85sponsor, person, or organization shall, upon written
86certification of such inability given under oath to the
87supervisor, be entitled to have the signatures verified at no
88charge. In the event a candidate or initiative sponsor, person,
89or organization submitting a petition to have an issue placed
90upon the ballot is entitled to have the signatures verified at
91no charge, the supervisor of elections of each county in which
92the signatures are verified at no charge shall submit the total
93number of such signatures checked in the county to the Chief
94Financial Officer no later than December 1 of the general
95election year, and the Chief Financial Officer shall cause such
96supervisor of elections to be reimbursed from the General
97Revenue Fund in an amount equal to 10 cents for each signature
98verified name checked or the actual cost of verifying checking
99such signatures, whichever is less. In no event shall such
100reimbursement of costs be deemed or applied as extra
101compensation for the supervisor. Petitions shall be retained by
102the supervisors for a period of 1 year following the election
103for which the petitions were circulated.
104     (b)  An initiative sponsor that has filed a certification
105of undue burden may not provide compensation to any paid
106petition circulator, as defined in s. 100.371, unless the
107initiative sponsor first pays all supervisors for each signature
108verified or reimburses the General Revenue Fund for such costs.
109If an initiative sponsor subject to this paragraph provides
110compensation to a paid petition circulator before the date the
111initiative sponsor pays all supervisors for each signature
112verified or reimburses the General Revenue Fund for such costs,
113no signature on a petition circulated by the paid petition
114circulator before that date may be counted toward the number of
115valid signatures required for ballot placement until the
116initiative sponsor pays all supervisors for each signature
117checked or reimburses the General Revenue Fund for such costs.
118     (6)(a)  The alleged improper verification of a signature on
119a petition to secure ballot placement for an issue pursuant to
120this code may be contested in the circuit court by a political
121committee or by an elector. The contestant shall file a
122complaint setting forth the basis of the contest, together with
123the fees prescribed in chapter 28, with the clerk of the circuit
124court in the county in which the petition is certified or in
125Leon County if the complaint is directed to petitions certified
126in more than one county.
127     (b)  If the contestant demonstrates by a preponderance of
128the evidence that one or more petitions were improperly
129verified, the signatures appearing on such petitions may not be
130counted toward the number of valid signatures required for
131ballot placement. If an action brought under this subsection is
132resolved after the Secretary of State has issued a certificate
133of ballot position for the issue, but the contestant
134demonstrates that the person or organization submitting the
135petition had obtained verification of an insufficient number of
136valid and verified signatures to qualify for ballot placement,
137the issue shall be removed from the ballot or, if such action is
138impractical, any votes cast for or against the issue may not be
139counted and shall be invalidated.
140     (c)  An action under this subsection must be commenced no
141later than 90 days after the Secretary of State issues a
142certificate of ballot position for the issue.
143     Section 2.  Section 100.371, Florida Statutes, is amended
144to read:
145     100.371  Initiatives; procedure for placement on ballot.--
146     (1)  Constitutional amendments proposed by initiative shall
147be placed on the ballot for the general election if an
148initiative petition is filed with the Secretary of State by
149February 1 of the year in which the general election is to be
150held occurring in excess of 90 days from the certification of
151ballot position by the Secretary of State.
152     (2)  Certification of ballot position Such certification
153shall be issued when the Secretary of State has received
154verification certificates from the supervisors of elections
155indicating that the requisite number and distribution of valid
156petitions bearing the signatures of electors have been submitted
157to and verified by the supervisors. Every signature shall be
158dated by the elector when made. Signatures are and shall be
159valid for a period of 4 years following such date, provided all
160other requirements of law are satisfied complied with.
161     (3)  The sponsor of an initiative amendment shall, prior to
162obtaining any signatures, register as a political committee
163pursuant to s. 106.03 and submit the text of the proposed
164amendment to the Secretary of State, with the form on which the
165signatures will be affixed, and shall obtain the approval of the
166Secretary of State of such form. The form shall consist of a
167single card or sheet of paper unconnected with any other card or
168sheet of paper and shall be circulated for signatures in this
169format. The division Secretary of State shall adopt rules
170pursuant to s. 120.54 prescribing the style and requirements of
171such form. Upon filing with the Secretary of State, the text of
172the proposed amendment and all forms filed in connection with
173this section must, upon request, be made available in
174alternative formats. The contents of a petition form are limited
175to those items required by statute or rule. A petition form is a
176political advertisement as defined in s. 106.011 and, as such,
177must comply with all relevant requirements of chapter 106.
178     (4)  The supervisor of elections shall record the date each
179petition form is received by the supervisor and the date the
180signature on the form is verified as valid. The supervisor shall
181verify that the signature on a petition form is valid only if
182the form complies with all of the following:
183     (a)  The form must contain the original signature of the
184purported elector.
185     (b)  The purported elector must accurately record on the
186form the date on which he or she signed the form.
187     (c)  The date the elector signed the form, as recorded by
188the elector, must be no more than 35 days before the date the
189form is received by the supervisor of elections.
190     (d)  The form must accurately set forth the purported
191elector's name, street address, county, and voter registration
192number or date of birth.
193     (e)  The purported elector must be, at the time he or she
194signs the form, a duly qualified and registered elector
195authorized to vote in the county in which his or her signature
196is submitted.
197     (5)  An elector's signature on a petition form may be
198revoked by submitting to the appropriate supervisor of elections
199a signed petition-revocation form adopted by rule for this
200purpose by the division. The petition-revocation form is subject
201to the same relevant requirements as the corresponding petition
202form under this code and must be approved by the Secretary of
203State before any signature is obtained. The petition-revocation
204form shall be filed with the supervisor of elections no later
205than the February 1 preceding the next general election or, if
206the initiative amendment is not certified for ballot position in
207that election, no later than the February 1 preceding the next
208successive general election. The supervisor of elections shall
209promptly verify the signature on the petition-revocation form
210and process such revocation within 30 days after receiving
211payment, in advance, of a fee of 10 cents or the actual cost of
212verifying such signature, whichever is less.
213     (6)(a)  If a person is presented with a petition form or
214petition-revocation form for his or her possible signature by a
215petition circulator, the person must record this fact on the
216form and the name and address of the petition circulator must
217legibly appear on the form before the signature on the form may
218be verified by the supervisor. For purposes of this subsection,
219the term "petition circulator" means any person who, in the
220context of a direct face-to-face conversation, presents to
221another person for his or her possible signature a petition form
222or petition-revocation form regarding ballot placement for an
223initiative.
224     (b)  A paid petition circulator shall, when engaged in the
225activities described in paragraph (a), wear a prominent badge,
226in a form and manner prescribed by rule by the division,
227identifying him or her as a "PAID PETITION CIRCULATOR." For
228purposes of this paragraph, the term "paid petition circulator"
229means a petition circulator who receives any compensation as a
230direct or indirect consequence of these activities.
231     (7)  In addition to any other practice or action
232permissible under law, an owner, lessee, or other person
233lawfully exercising control over private property may:
234     (a)  Prohibit persons from engaging in activity on the
235property that supports or opposes initiatives;
236     (b)  Permit or prohibit persons from engaging in activity
237on the property in support of or opposition to a particular
238initiative; or
239     (c)  Permit persons to engage in activity on the property
240that supports or opposes initiatives, subject to restrictions
241with respect to time, place, and manner which are reasonable and
242uniformly applied.
243     (8)  A signed petition form or petition-revocation form
244regarding ballot placement for an initiative that does not fully
245comply with the applicable provisions of this code, or that was
246obtained in violation of the applicable provisions of this code,
247may be verified by the supervisor of elections and counted
248toward the number of valid signatures required for ballot
249placement only after those deficiencies or violations are
250corrected.
251     (9)(4)  The sponsor shall submit signed and dated forms to
252the appropriate supervisor of elections for verification as to
253the number of registered electors whose valid signatures appear
254thereon. The supervisor shall promptly verify the signatures
255within 30 days after receiving upon payment, in advance, of the
256fee required by s. 99.097. Upon completion of verification, the
257supervisor shall execute a certificate indicating the total
258number of signatures checked, the number of signatures verified
259as valid and as being of registered electors, the number of
260signatures validly revoked pursuant to subsection (5), and the
261distribution of such signatures by congressional district. This
262certificate shall be immediately transmitted to the Secretary of
263State. The supervisor shall retain the signed petition signature
264forms and petition-revocation forms for at least 1 year
265following the election in which the issue appeared on the ballot
266or until the Division of Elections notifies the supervisors of
267elections that the committee which circulated the petition is no
268longer seeking to obtain ballot position.
269     (10)(5)  The Secretary of State shall determine from the
270verification certificates received from supervisors of elections
271the total number of verified valid signatures and the
272distribution of such signatures by congressional districts. Upon
273a determination that the requisite number and distribution of
274valid signatures have been obtained, the secretary shall issue a
275certificate of ballot position for that proposed amendment and
276shall assign a designating number pursuant to s. 101.161. A
277petition shall be deemed to be filed with the Secretary of State
278upon the date of the receipt by the secretary of a certificate
279or certificates from supervisors of elections indicating that
280valid and verified the petition forms have has been signed by
281the constitutionally required number and distribution of
282electors pursuant to this code, subject to the right of
283revocation established in this section.
284     (11)(6)(a)  Within 45 days after receipt of a proposed
285revision or amendment to the State Constitution by initiative
286petition from the Secretary of State or, within 30 days after
287such receipt if receipt occurs 120 days or less before the
288election at which the question of ratifying the amendment will
289be presented, the Financial Impact Estimating Conference shall
290complete an analysis and financial impact statement to be placed
291on the ballot of the estimated increase or decrease in any
292revenues or costs to state or local governments resulting from
293the proposed initiative. The ballot must include a statement, as
294prescribed by rule of the Department of State, to the effect
295that the financial impact statement is required under the State
296Constitution and the Florida Statutes and should not be
297construed as an endorsement by the state of the proposed
298revision or amendment to the State Constitution. The Financial
299Impact Estimating Conference shall submit the financial impact
300statement to the Attorney General and Secretary of State.
301     (b)1.  The Financial Impact Estimating Conference shall
302provide an opportunity for any proponents or opponents of the
303initiative to submit information and may solicit information or
304analysis from any other entities or agencies, including the
305Office of Economic and Demographic Research. All meetings of the
306Financial Impact Estimating Conference shall be open to the
307public as provided in chapter 286.
308     2.  The Financial Impact Estimating Conference is
309established to review, analyze, and estimate the financial
310impact of amendments to or revisions of the State Constitution
311proposed by initiative. The Financial Impact Estimating
312Conference shall consist of four principals: one person from the
313Executive Office of the Governor; the coordinator of the Office
314of Economic and Demographic Research, or his or her designee;
315one person from the professional staff of the Senate; and one
316person from the professional staff of the House of
317Representatives. Each principal shall have appropriate fiscal
318expertise in the subject matter of the initiative. A Financial
319Impact Estimating Conference may be appointed for each
320initiative.
321     3.  Principals of the Financial Impact Estimating
322Conference shall reach a consensus or majority concurrence on a
323clear and unambiguous financial impact statement, no more than
32475 words in length, and immediately submit the statement to the
325Attorney General. Nothing in this subsection prohibits the
326Financial Impact Estimating Conference from setting forth a
327range of potential impacts in the financial impact statement.
328Any financial impact statement that a court finds not to be in
329accordance with this section shall be remanded solely to the
330Financial Impact Estimating Conference for redrafting. The
331Financial Impact Estimating Conference shall redraft the
332financial impact statement within 15 days.
333     4.  If the members of the Financial Impact Estimating
334Conference are unable to agree on the statement required by this
335subsection, or if the Supreme Court has rejected the initial
336submission by the Financial Impact Estimating Conference and no
337redraft has been approved by the Supreme Court by April 1 of the
338year in which the general election is to be held 5 p.m. on the
33975th day before the election, the following statement shall
340appear on the ballot pursuant to s. 101.161(1): "The financial
341impact of this measure, if any, cannot be reasonably determined
342at this time."
343     (c)  The financial impact statement must be separately
344contained and be set forth after the ballot summary as required
345in s. 101.161(1).
346     (d)1.  Any financial impact statement that the Supreme
347Court finds not to be in accordance with this subsection shall
348be remanded solely to the Financial Impact Estimating Conference
349for redrafting, provided the court's advisory opinion is
350rendered by April 1 of the year in which the general election is
351to be held at least 75 days before the election at which the
352question of ratifying the amendment will be presented. The
353Financial Impact Estimating Conference shall prepare and adopt a
354revised financial impact statement no later than 5 p.m. on the
35515th day after the date of the court's opinion.
356     2.  If, by 5 p.m. on April 1 of the year in which the
357general election is to be held the 75th day before the election,
358the Supreme Court has not issued an advisory opinion on the
359initial financial impact statement prepared by the Financial
360Impact Estimating Conference for an initiative amendment that
361otherwise meets the legal requirements for ballot placement, the
362financial impact statement shall be deemed approved for
363placement on the ballot.
364     3.  In addition to the financial impact statement required
365by this subsection, the Financial Impact Estimating Conference
366shall draft an initiative financial information statement. The
367initiative financial information statement should describe in
368greater detail than the financial impact statement any projected
369increase or decrease in revenues or costs that the state or
370local governments would likely experience if the ballot measure
371were approved. If appropriate, the initiative financial
372information statement may include both estimated dollar amounts
373and a description placing the estimated dollar amounts into
374context. The initiative financial information statement must
375include both a summary of not more than 500 words and additional
376detailed information that includes the assumptions that were
377made to develop the financial impacts, workpapers, and any other
378information deemed relevant by the Financial Impact Estimating
379Conference.
380     4.  The Department of State shall have printed, and shall
381furnish to each supervisor of elections, a copy of the summary
382from the initiative financial information statements. The
383supervisors shall have the summary from the initiative financial
384information statements available at each polling place and at
385the main office of the supervisor of elections upon request.
386     5.  The Secretary of State and the Office of Economic and
387Demographic Research shall make available on the Internet each
388initiative financial information statement in its entirety. In
389addition, each supervisor of elections whose office has a
390website shall post the summary from each initiative financial
391information statement on the website. Each supervisor shall
392include the Internet addresses for the information statements on
393the Secretary of State's and the Office of Economic and
394Demographic Research's websites in the publication or mailing
395required by s. 101.20.
396     (12)(7)  The division Department of State may adopt rules
397in accordance with s. 120.54 to carry out this section the
398provisions of subsections (1)-(6).
399     Section 3.  Section 28 of chapter 2005-278, Laws of
400Florida, is repealed.
401     Section 4.  Effective January 1, 2007, section 100.371,
402Florida Statutes, as amended by this act, is amended to read:
403     100.371  Initiatives; procedure for placement on ballot.--
404     (1)  Constitutional amendments proposed by initiative shall
405be placed on the ballot for the general election if an
406initiative petition is filed with the Secretary of State by
407February 1 of the year in which the general election is to be
408held. A petition shall be deemed to be filed with the Secretary
409of State upon the date that the secretary determines that valid
410and verified petitions have been signed by the constitutionally
411required number and distribution of electors pursuant to this
412code, subject to the right of revocation established in this
413section.
414     (2)  Certification of ballot position shall be issued when
415the Secretary of State has received verification certificates
416from the supervisors of elections indicating that the requisite
417number and distribution of valid petitions bearing the
418signatures of electors have been submitted to and verified by
419the supervisors. Every signature shall be dated by the elector
420when made. Signatures are valid for a period of 4 years
421following such date, provided all other requirements of law are
422satisfied.
423     (2)(3)  The sponsor of an initiative amendment shall, prior
424to obtaining any signatures, register as a political committee
425pursuant to s. 106.03 and submit the text of the proposed
426amendment to the Secretary of State, with the form on which the
427signatures will be affixed, and shall obtain the approval of the
428Secretary of State of such form. The form shall consist of a
429single card or sheet of paper unconnected with any other card or
430sheet of paper and shall be circulated for signatures in this
431format. The division shall adopt rules pursuant to s. 120.54
432prescribing the style and requirements of such form. Upon filing
433with the Secretary of State, the text of the proposed amendment
434and all forms filed in connection with this section must, upon
435request, be made available in alternative formats. The contents
436of a petition form are limited to those items required by
437statute or rule. A petition form is a political advertisement as
438defined in s. 106.011 and, as such, must comply with all
439relevant requirements of chapter 106.
440     (3)(4)  The supervisor of elections shall record the date
441each petition form is received by the supervisor and the date
442the signature on the form is verified as valid. The supervisor
443shall also promptly record these dates in the statewide voter
444registration system in the manner prescribed by the Secretary of
445State. The supervisor shall verify that the signature on a
446petition form is valid only if the form complies with all of the
447following:
448     (a)  The form must contain the original signature of the
449purported elector.
450     (b)  The purported elector must accurately record on the
451form the date on which he or she signed the form.
452     (c)  The date the elector signed the form, as recorded by
453the elector, must be no more than 35 days before the date the
454form is received by the supervisor of elections.
455     (d)  The form must accurately set forth the purported
456elector's name, street address, county, and voter registration
457number or date of birth.
458     (e)  The purported elector must be, at the time he or she
459signs the form, a duly qualified and registered elector
460authorized to vote in the county in which his or her signature
461is submitted.
462     (4)(5)  An elector's signature on a petition form may be
463revoked by submitting to the appropriate supervisor of elections
464a signed petition-revocation form adopted by rule for this
465purpose by the division. The petition-revocation form is subject
466to the same relevant requirements as the corresponding petition
467form under this code and must be approved by the Secretary of
468State before any signature is obtained. The petition-revocation
469form shall be filed with the supervisor of elections no later
470than the February 1 preceding the next general election or, if
471the initiative amendment is not certified for ballot position in
472that election, no later than the February 1 preceding the next
473successive general election. The supervisor of elections shall
474promptly verify the signature on the petition-revocation form
475and process such revocation within 30 days after receiving
476payment, in advance, of a fee of 10 cents or the actual cost of
477verifying such signature, whichever is less. The supervisor
478shall promptly record each valid petition-revocation form in the
479statewide voter registration system in the manner prescribed by
480the Secretary of State.
481     (5)(6)(a)  If a person is presented with a petition form or
482petition-revocation form for his or her possible signature by a
483petition circulator, the person must record this fact on the
484form and the name and address of the petition circulator must
485legibly appear on the form before the signature on the form may
486be verified by the supervisor. For purposes of this subsection,
487the term "petition circulator" means any person who, in the
488context of a direct face-to-face conversation, presents to
489another person for his or her possible signature a petition form
490or petition-revocation form regarding ballot placement for an
491initiative.
492     (b)  A paid petition circulator shall, when engaged in the
493activities described in paragraph (a), wear a prominent badge,
494in a form and manner prescribed by rule by the division,
495identifying him or her as a "PAID PETITION CIRCULATOR." For
496purposes of this paragraph, the term "paid petition circulator"
497means a petition circulator who receives any compensation as a
498direct or indirect consequence of these activities.
499     (6)(7)  In addition to any other practice or action
500permissible under law, an owner, lessee, or other person
501lawfully exercising control over private property may:
502     (a)  Prohibit persons from engaging in activity on the
503property that supports or opposes initiatives;
504     (b)  Permit or prohibit persons from engaging in activity
505on the property in support of or opposition to a particular
506initiative; or
507     (c)  Permit persons to engage in activity on the property
508that supports or opposes initiatives, subject to restrictions
509with respect to time, place, and manner which are reasonable and
510uniformly applied.
511     (7)(8)  A signed petition form or petition-revocation form
512regarding ballot placement for an initiative that does not fully
513comply with the applicable provisions of this code, or that was
514obtained in violation of the applicable provisions of this code,
515may be verified by the supervisor of elections and counted
516toward the number of valid signatures required for ballot
517placement only after those deficiencies or violations are
518corrected.
519     (8)(9)  Each signature shall be dated by the elector when
520made and shall be valid for a period of 4 years following such
521date, if all other requirements of law are met. The sponsor
522shall submit signed and dated forms to the appropriate
523supervisor of elections for verification as to the number of
524registered electors whose valid signatures appear thereon. The
525supervisor shall promptly verify the signatures within 30 days
526after receiving payment, in advance, of the fee required by s.
52799.097. The supervisor shall promptly record each petition form
528verified as valid in the statewide voter registration system in
529the manner prescribed by the Secretary of State Upon completion
530of verification, the supervisor shall execute a certificate
531indicating the total number of signatures checked, the number of
532signatures verified as valid and as being of registered
533electors, the number of signatures validly revoked pursuant to
534subsection (5), and the distribution of such signatures by
535congressional district. This certificate shall be immediately
536transmitted to the Secretary of State. The supervisor shall
537retain the signed petition forms and petition-revocation forms
538for at least 1 year following the election in which the issue
539appeared on the ballot or until the Division of Elections
540notifies the supervisors of elections that the committee which
541circulated the petition is no longer seeking to obtain ballot
542position.
543     (9)(10)  The Secretary of State shall determine from the
544signatures verified by the verification certificates received
545from supervisors of elections and recorded in the statewide
546voter registration system the total number of verified valid
547signatures and the distribution of such signatures by
548congressional districts. Upon a determination that the requisite
549number and distribution of valid signatures have been obtained,
550the secretary shall issue a certificate of ballot position for
551that proposed amendment and shall assign a designating number
552pursuant to s. 101.161. A petition shall be deemed to be filed
553with the Secretary of State upon the date of the receipt by the
554secretary of a certificate or certificates from supervisors of
555elections indicating that valid and verified petition forms have
556been signed by the constitutionally required number and
557distribution of electors pursuant to this code, subject to the
558right of revocation established in this section.
559     (10)(11)(a)  Within 45 days after receipt of a proposed
560revision or amendment to the State Constitution by initiative
561petition from the Secretary of State, the Financial Impact
562Estimating Conference shall complete an analysis and financial
563impact statement to be placed on the ballot of the estimated
564increase or decrease in any revenues or costs to state or local
565governments resulting from the proposed initiative. The ballot
566must include a statement, as prescribed by rule of the
567Department of State, to the effect that the financial impact
568statement is required under the State Constitution and the
569Florida Statutes and should not be construed as an endorsement
570by the state of the proposed revision or amendment to the State
571Constitution. The Financial Impact Estimating Conference shall
572submit the financial impact statement to the Attorney General
573and Secretary of State.
574     (b)1.  The Financial Impact Estimating Conference shall
575provide an opportunity for any proponents or opponents of the
576initiative to submit information and may solicit information or
577analysis from any other entities or agencies, including the
578Office of Economic and Demographic Research. All meetings of the
579Financial Impact Estimating Conference shall be open to the
580public as provided in chapter 286.
581     2.  The Financial Impact Estimating Conference is
582established to review, analyze, and estimate the financial
583impact of amendments to or revisions of the State Constitution
584proposed by initiative. The Financial Impact Estimating
585Conference shall consist of four principals: one person from the
586Executive Office of the Governor; the coordinator of the Office
587of Economic and Demographic Research, or his or her designee;
588one person from the professional staff of the Senate; and one
589person from the professional staff of the House of
590Representatives. Each principal shall have appropriate fiscal
591expertise in the subject matter of the initiative. A Financial
592Impact Estimating Conference may be appointed for each
593initiative.
594     3.  Principals of the Financial Impact Estimating
595Conference shall reach a consensus or majority concurrence on a
596clear and unambiguous financial impact statement, no more than
59775 words in length, and immediately submit the statement to the
598Attorney General. Nothing in this subsection prohibits the
599Financial Impact Estimating Conference from setting forth a
600range of potential impacts in the financial impact statement.
601Any financial impact statement that a court finds not to be in
602accordance with this section shall be remanded solely to the
603Financial Impact Estimating Conference for redrafting. The
604Financial Impact Estimating Conference shall redraft the
605financial impact statement within 15 days.
606     4.  If the members of the Financial Impact Estimating
607Conference are unable to agree on the statement required by this
608subsection, or if the Supreme Court has rejected the initial
609submission by the Financial Impact Estimating Conference and no
610redraft has been approved by the Supreme Court by April 1 of the
611year in which the general election is to be held, the following
612statement shall appear on the ballot pursuant to s. 101.161(1):
613"The financial impact of this measure, if any, cannot be
614reasonably determined at this time."
615     (c)  The financial impact statement must be separately
616contained and be set forth after the ballot summary as required
617in s. 101.161(1).
618     (d)1.  Any financial impact statement that the Supreme
619Court finds not to be in accordance with this subsection shall
620be remanded solely to the Financial Impact Estimating Conference
621for redrafting, provided the court's advisory opinion is
622rendered by April 1 of the year in which the general election is
623to be held. The Financial Impact Estimating Conference shall
624prepare and adopt a revised financial impact statement no later
625than 5 p.m. on the 15th day after the date of the court's
626opinion.
627     2.  If, by 5 p.m. on April 1 of the year in which the
628general election is to be held, the Supreme Court has not issued
629an advisory opinion on the initial financial impact statement
630prepared by the Financial Impact Estimating Conference for an
631initiative amendment that otherwise meets the legal requirements
632for ballot placement, the financial impact statement shall be
633deemed approved for placement on the ballot.
634     3.  In addition to the financial impact statement required
635by this subsection, the Financial Impact Estimating Conference
636shall draft an initiative financial information statement. The
637initiative financial information statement should describe in
638greater detail than the financial impact statement any projected
639increase or decrease in revenues or costs that the state or
640local governments would likely experience if the ballot measure
641were approved. If appropriate, the initiative financial
642information statement may include both estimated dollar amounts
643and a description placing the estimated dollar amounts into
644context. The initiative financial information statement must
645include both a summary of not more than 500 words and additional
646detailed information that includes the assumptions that were
647made to develop the financial impacts, workpapers, and any other
648information deemed relevant by the Financial Impact Estimating
649Conference.
650     4.  The Department of State shall have printed, and shall
651furnish to each supervisor of elections, a copy of the summary
652from the initiative financial information statements. The
653supervisors shall have the summary from the initiative financial
654information statements available at each polling place and at
655the main office of the supervisor of elections upon request.
656     5.  The Secretary of State and the Office of Economic and
657Demographic Research shall make available on the Internet each
658initiative financial information statement in its entirety. In
659addition, each supervisor of elections whose office has a
660website shall post the summary from each initiative financial
661information statement on the website. Each supervisor shall
662include the Internet addresses for the information statements on
663the Secretary of State's and the Office of Economic and
664Demographic Research's websites in the publication or mailing
665required by s. 101.20.
666     (11)(12)  The division may adopt rules in accordance with
667s. 120.54 to carry out this section.
668     Section 5.  Subsection (1) of section 101.161, Florida
669Statutes, is amended to read:
670     101.161  Referenda; ballots.--
671     (1)  Whenever a constitutional amendment or other public
672measure is submitted to the vote of the people, the substance of
673such amendment or other public measure shall be printed in clear
674and unambiguous language on the ballot after the list of
675candidates, followed by the word "yes" and also by the word
676"no," and shall be styled in such a manner that a "yes" vote
677will indicate approval of the proposal and a "no" vote will
678indicate rejection. The wording of the substance of the
679amendment or other public measure and the ballot title to appear
680on the ballot shall be embodied in the joint resolution,
681constitutional revision commission proposal, constitutional
682convention proposal, taxation and budget reform commission
683proposal, or enabling resolution or ordinance. Except for
684amendments and ballot language proposed by joint resolution, the
685substance of the amendment or other public measure shall be an
686explanatory statement, not exceeding 75 words in length, of the
687chief purpose of the measure. In addition, for every amendment
688proposed by initiative, the ballot shall include, following the
689ballot summary, a separate financial impact statement concerning
690the measure prepared by the Financial Impact Estimating
691Conference in accordance with s. 100.371(11) s. 100.371(6). The
692ballot title shall consist of a caption, not exceeding 15 words
693in length, by which the measure is commonly referred to or
694spoken of.
695     Section 6.  Section 33 of chapter 2005-278, Laws of
696Florida, is repealed.
697     Section 7.  Effective January 1, 2007, subsection (1) of
698section 101.161, Florida Statutes, as amended by this act, is
699amended to read:
700     101.161  Referenda; ballots.--
701     (1)  Whenever a constitutional amendment or other public
702measure is submitted to the vote of the people, the substance of
703such amendment or other public measure shall be printed in clear
704and unambiguous language on the ballot after the list of
705candidates, followed by the word "yes" and also by the word
706"no," and shall be styled in such a manner that a "yes" vote
707will indicate approval of the proposal and a "no" vote will
708indicate rejection. The wording of the substance of the
709amendment or other public measure and the ballot title to appear
710on the ballot shall be embodied in the joint resolution,
711constitutional revision commission proposal, constitutional
712convention proposal, taxation and budget reform commission
713proposal, or enabling resolution or ordinance. Except for
714amendments and ballot language proposed by joint resolution, the
715substance of the amendment or other public measure shall be an
716explanatory statement, not exceeding 75 words in length, of the
717chief purpose of the measure. In addition, for every amendment
718proposed by initiative, the ballot shall include, following the
719ballot summary, a separate financial impact statement concerning
720the measure prepared by the Financial Impact Estimating
721Conference in accordance with s. 100.371(10) s. 100.371(11). The
722ballot title shall consist of a caption, not exceeding 15 words
723in length, by which the measure is commonly referred to or
724spoken of.
725     Section 8.  Any signature gathered on a previously approved
726initiative petition form that has been submitted for
727verification before August 1, 2006, may be verified and counted,
728if otherwise valid. However, any initiative petition form that
729is submitted for verification on or after that date may be
730verified and counted only if it complies with this act and has
731been approved by the Secretary of State before obtaining elector
732signatures.
733     Section 9.  If any provision of this act or its application
734to any person or circumstance is held invalid, the invalidity
735does not affect other provisions or applications of the act that
736can be given effect without the invalid provision or
737application, and to this end the provisions of this act are
738severable.
739     Section 10.  Except as otherwise expressly provided in this
740act, this act shall take effect August 1, 2006.


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