Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 1794
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Hutson moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 15.21, Florida Statutes, is amended to
    6  read:
    7         15.21 Initiative petitions; s. 3, Art. XI, State
    8  Constitution.—The Secretary of State shall immediately submit an
    9  initiative petition to the Attorney General and to the Financial
   10  Impact Estimating Conference if the sponsor has:
   11         (1) Registered as a political committee pursuant to s.
   12  106.03;
   13         (2) Submitted the ballot title, substance, and text of the
   14  proposed revision or amendment to the Secretary of State
   15  pursuant to ss. 100.371 and 101.161; and
   16         (3) Obtained a letter from the Division of Elections
   17  confirming that the sponsor has submitted to the appropriate
   18  supervisors for verification, and the supervisors have verified,
   19  forms signed and dated equal to 25 10 percent of the number of
   20  electors statewide required by s. 3, Art. XI of the State
   21  Constitution and in one-half at least one-fourth of the
   22  congressional districts of the state required by s. 3, Art. XI
   23  of the State Constitution.
   24         Section 2. Subsection (1) of section 16.061, Florida
   25  Statutes, is amended to read:
   26         16.061 Initiative petitions.—
   27         (1) The Attorney General shall, within 30 days after
   28  receipt of a proposed revision or amendment to the State
   29  Constitution by initiative petition from the Secretary of State,
   30  petition the Supreme Court, requesting an advisory opinion
   31  regarding the compliance of the text of the proposed amendment
   32  or revision with s. 3, Art. XI of the State Constitution,
   33  whether the proposed amendment is facially invalid under the
   34  United States Constitution, and the compliance of the proposed
   35  ballot title and substance with s. 101.161. The petition may
   36  enumerate any specific factual issues that the Attorney General
   37  believes would require a judicial determination.
   38         Section 3. Subsections (3), (6), (11), (12), and (13) of
   39  section 100.371, Florida Statutes, are amended to read:
   40         100.371 Initiatives; procedure for placement on ballot.—
   41         (3)(a) A person may not collect signatures or initiative
   42  petitions for compensation unless the person is registered as a
   43  petition circulator with the Secretary of State.
   44         (b) A citizen may challenge a petition circulator’s
   45  registration under this section by filing a petition in circuit
   46  court. If the court finds that the respondent is not a
   47  registered petition circulator, the court may enjoin the
   48  respondent from collecting signatures or initiative petitions
   49  for compensation until she or he is lawfully registered.
   50         (6) The division or the supervisor of elections shall make
   51  hard copy petition forms or electronic portable document format
   52  petition forms available to registered petition circulators. All
   53  such forms must contain information identifying the petition
   54  circulator to which the forms are provided. The division shall
   55  maintain a database of all registered petition circulators and
   56  the petition forms assigned to each. Each supervisor of
   57  elections shall provide to the division information on petition
   58  forms assigned to and received from petition circulators. The
   59  information must be provided in a format and at times as
   60  required by the division by rule. The division must update
   61  information on petition forms daily and make the information
   62  publicly available.
   63         (11)(a) An initiative petition form circulated for
   64  signature may not be bundled with or attached to any other
   65  petition. Each signature shall be dated when made and shall be
   66  valid until the next February 1 occurring in an even-numbered
   67  year for the purpose of the amendment appearing on the ballot
   68  for the general election occurring in that same year for a
   69  period of 2 years following such date, provided all other
   70  requirements of law are met. The sponsor shall submit signed and
   71  dated forms to the supervisor of elections for the county of
   72  residence listed by the person signing the form for verification
   73  of the number of valid signatures obtained. If a signature on a
   74  petition is from a registered voter in another county, the
   75  supervisor shall notify the petition sponsor of the misfiled
   76  petition. The supervisor shall promptly verify the signatures
   77  within 60 30 days after receipt of the petition forms and
   78  payment of a the fee for the actual cost of signature
   79  verification incurred by the supervisor required by s. 99.097.
   80  However, for petition forms submitted less than 60 days before
   81  February 1 of an even-numbered year, the supervisor shall
   82  promptly verify the signatures within 30 days after receipt of
   83  the form and payment of the fee for signature verification. The
   84  supervisor shall promptly record, in the manner prescribed by
   85  the Secretary of State, the date each form is received by the
   86  supervisor, and the date the signature on the form is verified
   87  as valid. The supervisor may verify that the signature on a form
   88  is valid only if:
   89         1.(a) The form contains the original signature of the
   90  purported elector.
   91         2.(b) The purported elector has accurately recorded on the
   92  form the date on which he or she signed the form.
   93         3.(c) The form sets forth the purported elector’s name,
   94  address, city, county, and voter registration number or date of
   95  birth.
   96         4.(d) The purported elector is, at the time he or she signs
   97  the form and at the time the form is verified, a duly qualified
   98  and registered elector in the state.
   99         5. The signature was obtained legally, including that if a
  100  paid petition circulator was used, the circulator was validly
  101  registered under subsection (3) when the signature was obtained.
  103  The supervisor shall retain the signature forms for at least 1
  104  year following the election in which the issue appeared on the
  105  ballot or until the division of Elections notifies the
  106  supervisors of elections that the committee that circulated the
  107  petition is no longer seeking to obtain ballot position.
  108         (b) Each supervisor shall post the actual cost of signature
  109  verification on his or her website and may increase such cost,
  110  as necessary, on February 2 of each even-numbered year. The
  111  division shall also publish each county’s current cost on its
  112  website. The division and each supervisor shall biennially
  113  review available technology aimed at reducing verification
  114  costs.
  115         (c) On the last day of each month, or on the last day of
  116  each week from December 1 of an odd-numbered year through
  117  February 1 of the following year, each supervisor shall post on
  118  his or her website the aggregate number of verified valid
  119  signatures and the distribution of such signatures by
  120  congressional district for each proposed amendment proposed by
  121  initiative, along with the following information specific to the
  122  reporting period: the total number of signed petition forms
  123  received, the total number of signatures verified, the
  124  distribution of verified valid signatures by congressional
  125  district, and the total number of verified petition forms
  126  forwarded to the Secretary of State.
  127         (12) The Secretary of State shall determine from the
  128  signatures verified by the supervisors of elections the total
  129  number of verified valid signatures and the distribution of such
  130  signatures by congressional districts, and the division shall
  131  post such information on its website at the same intervals
  132  specified in paragraph (11)(c). Upon a determination that the
  133  requisite number and distribution of valid signatures have been
  134  obtained, the secretary shall issue a certificate of ballot
  135  position for that proposed amendment and shall assign a
  136  designating number pursuant to s. 101.161.
  137         (13)(a) At the same time the Secretary of State submits an
  138  initiative petition to the Attorney General pursuant to s.
  139  15.21, the secretary shall submit a copy of the initiative
  140  petition to the Financial Impact Estimating Conference. Within
  141  75 days after receipt of a proposed revision or amendment to the
  142  State Constitution by initiative petition from the Secretary of
  143  State, the Financial Impact Estimating Conference shall complete
  144  an analysis and financial impact statement to be placed on the
  145  ballot of the estimated increase or decrease in any revenues or
  146  costs to state or local governments, estimated economic impact
  147  on the state and local economy, and the overall impact to the
  148  state budget resulting from the proposed initiative. The 75-day
  149  time limit is tolled when the Legislature is in session. The
  150  Financial Impact Estimating Conference shall submit the
  151  financial impact statement to the Attorney General and Secretary
  152  of State.
  153         (b) Immediately upon receipt of a proposed revision or
  154  amendment from the Secretary of State, the coordinator of the
  155  Office of Economic and Demographic Research shall contact the
  156  person identified as the sponsor to request an official list of
  157  all persons authorized to speak on behalf of the named sponsor
  158  and, if there is one, the sponsoring organization at meetings
  159  held by the Financial Impact Estimating Conference. All other
  160  persons shall be deemed interested parties or proponents or
  161  opponents of the initiative. The Financial Impact Estimating
  162  Conference shall provide an opportunity for any representatives
  163  of the sponsor, interested parties, proponents, or opponents of
  164  the initiative to submit information and may solicit information
  165  or analysis from any other entities or agencies, including the
  166  Office of Economic and Demographic Research.
  167         (c) All meetings of the Financial Impact Estimating
  168  Conference shall be open to the public. The President of the
  169  Senate and the Speaker of the House of Representatives, jointly,
  170  shall be the sole judge for the interpretation, implementation,
  171  and enforcement of this subsection.
  172         1. The Financial Impact Estimating Conference is
  173  established to review, analyze, and estimate the financial
  174  impact of amendments to or revisions of the State Constitution
  175  proposed by initiative. The Financial Impact Estimating
  176  Conference shall consist of four principals: one person from the
  177  Executive Office of the Governor; the coordinator of the Office
  178  of Economic and Demographic Research, or his or her designee;
  179  one person from the professional staff of the Senate; and one
  180  person from the professional staff of the House of
  181  Representatives. Each principal shall have appropriate fiscal
  182  expertise in the subject matter of the initiative. A Financial
  183  Impact Estimating Conference may be appointed for each
  184  initiative.
  185         2. Principals of the Financial Impact Estimating Conference
  186  shall reach a consensus or majority concurrence on a clear and
  187  unambiguous financial impact statement, no more than 150 words
  188  in length, and immediately submit the statement to the Attorney
  189  General. Nothing in this subsection prohibits the Financial
  190  Impact Estimating Conference from setting forth a range of
  191  potential impacts in the financial impact statement. Any
  192  financial impact statement that a court finds not to be in
  193  accordance with this section shall be remanded solely to the
  194  Financial Impact Estimating Conference for redrafting. The
  195  Financial Impact Estimating Conference shall redraft the
  196  financial impact statement within 15 days.
  197         3. If the members of the Financial Impact Estimating
  198  Conference are unable to agree on the statement required by this
  199  subsection, or if the Supreme Court has rejected the initial
  200  submission by the Financial Impact Estimating Conference and no
  201  redraft has been approved by the Supreme Court by 5 p.m. on the
  202  75th day before the election, the following statement shall
  203  appear on the ballot pursuant to s. 101.161(1): “The financial
  204  impact of this measure, if any, has not been cannot be
  205  reasonably determined at this time.”
  206         (d) The financial impact statement must be separately
  207  contained and be set forth after the ballot summary as required
  208  in s. 101.161(1).
  209         1. If the financial impact statement projects a net
  210  estimates increased costs, decreased revenues, a negative impact
  211  on the state budget or local economy, or an indeterminate impact
  212  for any of these areas, the ballot must include the a statement
  213  required by s. 101.161(1)(b) indicating such estimated effect in
  214  bold font.
  215         2. If the financial impact statement projects a net
  216  positive impact on the state budget, the ballot must include the
  217  statement required by s. 101.161(1)(c).
  218         3. If the financial impact statement estimates an
  219  indeterminate financial impact or if the members of the
  220  Financial Impact Estimating Conference are unable to agree on
  221  the statement required by this subsection, the ballot must
  222  include the statement required by s. 101.161(1)(d).
  223         (e)1. Any financial impact statement that the Supreme Court
  224  finds not to be in accordance with this subsection shall be
  225  remanded solely to the Financial Impact Estimating Conference
  226  for redrafting, provided the court’s advisory opinion is
  227  rendered at least 75 days before the election at which the
  228  question of ratifying the amendment will be presented. The
  229  Financial Impact Estimating Conference shall prepare and adopt a
  230  revised financial impact statement no later than 5 p.m. on the
  231  15th day after the date of the court’s opinion.
  232         2. If, by 5 p.m. on the 75th day before the election, the
  233  Supreme Court has not issued an advisory opinion on the initial
  234  financial impact statement prepared by the Financial Impact
  235  Estimating Conference for an initiative amendment that otherwise
  236  meets the legal requirements for ballot placement, the financial
  237  impact statement shall be deemed approved for placement on the
  238  ballot.
  239         3. In addition to the financial impact statement required
  240  by this subsection, the Financial Impact Estimating Conference
  241  shall draft an initiative financial information statement. The
  242  initiative financial information statement should describe in
  243  greater detail than the financial impact statement any projected
  244  increase or decrease in revenues or costs that the state or
  245  local governments would likely experience and the estimated
  246  economic impact on the state and local economy if the ballot
  247  measure were approved. If appropriate, the initiative financial
  248  information statement may include both estimated dollar amounts
  249  and a description placing the estimated dollar amounts into
  250  context. The initiative financial information statement must
  251  include both a summary of not more than 500 words and additional
  252  detailed information that includes the assumptions that were
  253  made to develop the financial impacts, workpapers, and any other
  254  information deemed relevant by the Financial Impact Estimating
  255  Conference.
  256         4. The Department of State shall have printed, and shall
  257  furnish to each supervisor of elections, a copy of the summary
  258  from the initiative financial information statements. The
  259  supervisors shall have the summary from the initiative financial
  260  information statements available at each polling place and at
  261  the main office of the supervisor of elections upon request.
  262         5. The Secretary of State and the Office of Economic and
  263  Demographic Research shall make available on the Internet each
  264  initiative financial information statement in its entirety. In
  265  addition, each supervisor of elections whose office has a
  266  website shall post the summary from each initiative financial
  267  information statement on the website. Each supervisor shall
  268  include a copy of each summary from the initiative financial
  269  information statements and the Internet addresses for the
  270  information statements on the Secretary of State’s and the
  271  Office of Economic and Demographic Research’s websites in the
  272  publication or mailing required by s. 101.20.
  273         Section 4. Subsection (1) of section 101.161, Florida
  274  Statutes, is amended to read:
  275         101.161 Referenda; ballots.—
  276         (1) Whenever a constitutional amendment or other public
  277  measure is submitted to the vote of the people, a ballot summary
  278  of such amendment or other public measure shall be printed in
  279  clear and unambiguous language on the ballot after the list of
  280  candidates, followed by the word “yes” and also by the word
  281  “no,” and shall be styled in such a manner that a “yes” vote
  282  will indicate approval of the proposal and a “no” vote will
  283  indicate rejection. The ballot summary of the amendment or other
  284  public measure and the ballot title to appear on the ballot
  285  shall be embodied in the constitutional revision commission
  286  proposal, constitutional convention proposal, taxation and
  287  budget reform commission proposal, or enabling resolution or
  288  ordinance. The ballot summary of the amendment or other public
  289  measure shall be an explanatory statement, not exceeding 75
  290  words in length, of the chief purpose of the measure. In
  291  addition, for every constitutional amendment proposed by
  292  initiative, the ballot shall include, following the ballot
  293  summary, in the following order:
  294         (a) A separate financial impact statement concerning the
  295  measure prepared by the Financial Impact Estimating Conference
  296  in accordance with s. 100.371(13) s. 100.371(5).
  297         (b) If the financial impact statement projects a net
  298  negative impact on the state budget, the following statement in
  299  bold print:
  307         (c) If the financial impact statement projects a net
  308  positive impact on the state budget, the following statement in
  309  bold print:
  314         LOWER OTHER TAXES.
  316         (d) If the financial impact statement is indeterminate or
  317  the members of the Financial Impact Estimating Conference are
  318  unable to agree on the financial impact statement, the following
  319  statement in bold print:
  325  The ballot title shall consist of a caption, not exceeding 15
  326  words in length, by which the measure is commonly referred to or
  327  spoken of. This subsection does not apply to constitutional
  328  amendments or revisions proposed by joint resolution.
  329         Section 5. Section 101.171, Florida Statutes, is amended to
  330  read:
  331         101.171 Copy of constitutional amendment to be available at
  332  voting locations.—Whenever any amendment to the State
  333  Constitution is to be voted upon at any election, the Department
  334  of State shall have printed and shall furnish to each supervisor
  335  of elections a sufficient number of copies of the amendment
  336  either in poster or booklet form, and the supervisor shall
  337  provide have a copy in a designated area of each polling
  338  location as determined by the supervisor thereof conspicuously
  339  posted or available at each polling room or early voting area
  340  upon the day of election.
  341         Section 6. This act does not require the Financial Impact
  342  Estimating Conference to amend or revise a financial impact
  343  statement that has been submitted to the Secretary of State
  344  before the effective date of this act. The provisions of this
  345  act, including the ballot requirements for certain disclosures
  346  and statements, apply to constitutional amendments proposed by
  347  initiative which are proposed for the 2020 general election and
  348  each election thereafter; provided, however, that nothing in
  349  this act affects the validity of any petition form gathered
  350  before the effective date of this act or any contract entered
  351  into before the effective date of this act. Petition forms
  352  gathered before the effective date of this act shall be governed
  353  by the laws existing at the time that the form was initially
  354  gathered.
  355         Section 7. If any provision of this act or its application
  356  to any person or circumstance is held invalid for any reason,
  357  the remaining portion of this act, to the fullest extent
  358  possible, shall be severed from the void portion and given the
  359  fullest possible force and application.
  360         Section 8. This act shall take effect upon becoming a law.
  362  ================= T I T L E  A M E N D M E N T ================
  363  And the title is amended as follows:
  364         Delete everything before the enacting clause
  365  and insert:
  366                        A bill to be entitled                      
  367         An act relating to constitutional amendments; amending
  368         s. 15.21, F.S.; increasing the signature threshold at
  369         which the Secretary of State must transmit initiative
  370         petitions to the Attorney General for review; amending
  371         s. 16.061, F.S.; requiring the Attorney General to
  372         request the Supreme Court to address in an advisory
  373         opinion the facial validity of the proposed amendment
  374         under the United States Constitution; amending s.
  375         100.371, F.S.; providing that a citizen may challenge
  376         in circuit court a petition circulator’s registration
  377         with the Secretary of State; authorizing the Division
  378         of Elections or a supervisor of elections to provide
  379         petition forms in a certain electronic format;
  380         revising the length of time that a signature on a
  381         petition form is valid; revising the timeframe within
  382         which the supervisor must verify petition forms;
  383         requiring payment of the actual cost of signature
  384         verification on petition forms; requiring the
  385         supervisor to promptly verify signatures on petition
  386         forms under specified conditions; revising the
  387         circumstances under which a petition form is deemed
  388         valid; requiring the supervisor to post the actual
  389         cost amount for petition verification on his or her
  390         website; authorizing the supervisor to increase the
  391         actual cost amount biennially; requiring the division
  392         to post actual cost data for each county on its
  393         website; requiring the division and each supervisor to
  394         review technological options available to reduce
  395         verification costs and to post certain information on
  396         signature verification on their websites; requiring
  397         the Secretary of State to submit a copy of an
  398         initiative petition to the Financial Impact Estimating
  399         Conference; revising requirements for the Financial
  400         Impact Estimating Conference’s analysis of a proposed
  401         initiative’s economic impact; requiring certain ballot
  402         language based on the findings of the Financial Impact
  403         Estimating Conference; amending s. 101.161, F.S.;
  404         requiring that ballots containing constitutional
  405         amendments proposed by initiative include certain
  406         disclosures and statements, in a specified order;
  407         amending s. 101.171, F.S.; revising requirements
  408         regarding the availability of copies of constitutional
  409         amendments at polling locations; providing for
  410         applicability; providing for severability; providing
  411         an effective date.