Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1794
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Ethics and Elections (Hutson) recommended the
    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, the President of
   10  the Senate, and the Speaker of the House of Representatives and
   11  to the Financial Impact Estimating Conference if the sponsor
   12  has:
   13         (1) Registered as a political committee pursuant to s.
   14  106.03;
   15         (2) Submitted the ballot title, substance, and text of the
   16  proposed revision or amendment to the Secretary of State
   17  pursuant to ss. 100.371 and 101.161; and
   18         (3) Obtained a letter from the Division of Elections
   19  confirming that the sponsor has submitted to the appropriate
   20  supervisors for verification, and the supervisors have verified,
   21  forms signed and dated equal to 50 10 percent of the number of
   22  electors statewide and in at least one-fourth of the
   23  congressional districts required by s. 3, Art. XI of the State
   24  Constitution.
   25         Section 2. Subsection (1) of section 16.061, Florida
   26  Statutes, is amended to read:
   27         16.061 Initiative petitions.—
   28         (1) The Attorney General shall, within 30 days after
   29  receipt of a proposed revision or amendment to the State
   30  Constitution by initiative petition from the Secretary of State,
   31  petition the Supreme Court, requesting an advisory opinion
   32  regarding the compliance of the text of the proposed amendment
   33  or revision with s. 3, Art. XI of the State Constitution,
   34  whether the proposed amendment is facially invalid under the
   35  United States Constitution, and the compliance of the proposed
   36  ballot title and substance with s. 101.161. The petition may
   37  enumerate any specific factual issues that the Attorney General
   38  believes would require a judicial determination.
   39         Section 3. Subsections (3), (6), (11), and (13) of section
   40  100.371, Florida Statutes, are amended to read:
   41         100.371 Initiatives; procedure for placement on ballot.—
   42         (3)(a) A person may not collect signatures or initiative
   43  petitions for compensation unless the person is registered as a
   44  petition circulator with the Secretary of State.
   45         (b)A citizen may challenge a petition circulator’s
   46  registration under this section by filing a petition in circuit
   47  court. If the court finds that the respondent is not a
   48  registered petition circulator, the court may enjoin the
   49  respondent from collecting signatures or initiative petitions
   50  for compensation until she or he is lawfully registered.
   51         (6) The division or the supervisor of elections shall make
   52  hard copy petition forms or electronic portable document format
   53  petition forms available to registered petition circulators. All
   54  such forms must contain information identifying the petition
   55  circulator to which the forms are provided. The division shall
   56  maintain a database of all registered petition circulators and
   57  the petition forms assigned to each. Each supervisor of
   58  elections shall provide to the division information on petition
   59  forms assigned to and received from petition circulators. The
   60  information must be provided in a format and at times as
   61  required by the division by rule. The division must update
   62  information on petition forms daily and make the information
   63  publicly available.
   64         (11) An initiative petition form circulated for signature
   65  may not be bundled with or attached to any other petition. Each
   66  signature shall be dated when made and shall be valid until the
   67  next February 1 occurring in an even-numbered year for the
   68  purpose of appearing on the ballot for the general election
   69  occurring in that same year for a period of 2 years following
   70  such date, provided all other requirements of law are met. The
   71  sponsor shall submit signed and dated forms to the supervisor of
   72  elections for the county of residence listed by the person
   73  signing the form for verification of the number of valid
   74  signatures obtained. If a signature on a petition is from a
   75  registered voter in another county, the supervisor shall notify
   76  the petition sponsor of the misfiled petition. The supervisor
   77  shall promptly verify the signatures within 30 days after
   78  receipt of the petition forms and payment of a the fee for the
   79  actual cost of signature verification incurred by the supervisor
   80  required by s. 99.097. The Department of State shall adopt rules
   81  to set the cost to verify a petition under this subsection and
   82  update the cost annually. The supervisor shall promptly record,
   83  in the manner prescribed by the Secretary of State, the date
   84  each form is received by the supervisor, and the date the
   85  signature on the form is verified as valid. The supervisor may
   86  verify that the signature on a form is valid only if:
   87         (a) The form contains the original signature of the
   88  purported elector.
   89         (b) The purported elector has accurately recorded on the
   90  form the date on which he or she signed the form.
   91         (c) The form sets forth the purported elector’s name,
   92  address, city, county, and voter registration number or date of
   93  birth.
   94         (d) The purported elector is, at the time he or she signs
   95  the form and at the time the form is verified, a duly qualified
   96  and registered elector in the state.
   97         (e)The signature was obtained legally, including that if a
   98  paid petition circulator was used, the circulator was validly
   99  registered under subsection (3) when the signature was obtained.
  101  The supervisor shall retain the signature forms for at least 1
  102  year following the election in which the issue appeared on the
  103  ballot or until the Division of Elections notifies the
  104  supervisors of elections that the committee that circulated the
  105  petition is no longer seeking to obtain ballot position.
  106         (13)(a) At the same time the Secretary of State submits an
  107  initiative petition to the Attorney General, the President of
  108  the Senate, and the Speaker of the House of Representatives
  109  pursuant to s. 15.21, the secretary shall submit a copy of the
  110  initiative petition to the Financial Impact Estimating
  111  Conference. Within 75 days after receipt of a proposed revision
  112  or amendment to the State Constitution by initiative petition
  113  from the Secretary of State, the Financial Impact Estimating
  114  Conference shall complete an analysis and financial impact
  115  statement to be placed on the ballot of the estimated increase
  116  or decrease in any revenues or costs to state or local
  117  governments, estimated economic impact on the state and local
  118  economy, and the overall impact to the state budget resulting
  119  from the proposed initiative. The 75-day time limit is tolled
  120  when the Legislature is in session. The Financial Impact
  121  Estimating Conference shall submit the financial impact
  122  statement to the Attorney General and Secretary of State.
  123         (b) Immediately upon receipt of a proposed revision or
  124  amendment from the Secretary of State, the coordinator of the
  125  Office of Economic and Demographic Research shall contact the
  126  person identified as the sponsor to request an official list of
  127  all persons authorized to speak on behalf of the named sponsor
  128  and, if there is one, the sponsoring organization at meetings
  129  held by the Financial Impact Estimating Conference. All other
  130  persons shall be deemed interested parties or proponents or
  131  opponents of the initiative. The Financial Impact Estimating
  132  Conference shall provide an opportunity for any representatives
  133  of the sponsor, interested parties, proponents, or opponents of
  134  the initiative to submit information and may solicit information
  135  or analysis from any other entities or agencies, including the
  136  Office of Economic and Demographic Research.
  137         (c) All meetings of the Financial Impact Estimating
  138  Conference shall be open to the public. The President of the
  139  Senate and the Speaker of the House of Representatives, jointly,
  140  shall be the sole judge for the interpretation, implementation,
  141  and enforcement of this subsection.
  142         1. The Financial Impact Estimating Conference is
  143  established to review, analyze, and estimate the financial
  144  impact of amendments to or revisions of the State Constitution
  145  proposed by initiative. The Financial Impact Estimating
  146  Conference shall consist of four principals: one person from the
  147  Executive Office of the Governor; the coordinator of the Office
  148  of Economic and Demographic Research, or his or her designee;
  149  one person from the professional staff of the Senate; and one
  150  person from the professional staff of the House of
  151  Representatives. Each principal shall have appropriate fiscal
  152  expertise in the subject matter of the initiative. A Financial
  153  Impact Estimating Conference may be appointed for each
  154  initiative.
  155         2. Principals of the Financial Impact Estimating Conference
  156  shall reach a consensus or majority concurrence on a clear and
  157  unambiguous financial impact statement, no more than 150 words
  158  in length, and immediately submit the statement to the Attorney
  159  General. Nothing in this subsection prohibits the Financial
  160  Impact Estimating Conference from setting forth a range of
  161  potential impacts in the financial impact statement. Any
  162  financial impact statement that a court finds not to be in
  163  accordance with this section shall be remanded solely to the
  164  Financial Impact Estimating Conference for redrafting. The
  165  Financial Impact Estimating Conference shall redraft the
  166  financial impact statement within 15 days.
  167         3. If the members of the Financial Impact Estimating
  168  Conference are unable to agree on the statement required by this
  169  subsection, or if the Supreme Court has rejected the initial
  170  submission by the Financial Impact Estimating Conference and no
  171  redraft has been approved by the Supreme Court by 5 p.m. on the
  172  75th day before the election, the following statement shall
  173  appear on the ballot pursuant to s. 101.161(1): “The financial
  174  impact of this measure, if any, has not been cannot be
  175  reasonably determined at this time.”
  176         (d) The financial impact statement must be separately
  177  contained and be set forth after the ballot summary as required
  178  in s. 101.161(1).
  179         1. If the financial impact statement projects a net
  180  estimates increased costs, decreased revenues, a negative impact
  181  on the state budget or local economy, or an indeterminate impact
  182  for any of these areas, the ballot must include the a statement
  183  required by s. 101.161(1)(d) indicating such estimated effect in
  184  bold font.
  185         2.If the financial impact statement estimates an
  186  indeterminate financial impact, the ballot must include the
  187  statement required by s. 101.161(1)(e).
  188         3.If the members of the Financial Impact Estimating
  189  Conference are unable to agree on the statement required by this
  190  subsection, the ballot must include the statement required by s.
  191  101.161(1)(f).
  192         (e)1. Any financial impact statement that the Supreme Court
  193  finds not to be in accordance with this subsection shall be
  194  remanded solely to the Financial Impact Estimating Conference
  195  for redrafting, provided the court’s advisory opinion is
  196  rendered at least 75 days before the election at which the
  197  question of ratifying the amendment will be presented. The
  198  Financial Impact Estimating Conference shall prepare and adopt a
  199  revised financial impact statement no later than 5 p.m. on the
  200  15th day after the date of the court’s opinion.
  201         2. If, by 5 p.m. on the 75th day before the election, the
  202  Supreme Court has not issued an advisory opinion on the initial
  203  financial impact statement prepared by the Financial Impact
  204  Estimating Conference for an initiative amendment that otherwise
  205  meets the legal requirements for ballot placement, the financial
  206  impact statement shall be deemed approved for placement on the
  207  ballot.
  208         3. In addition to the financial impact statement required
  209  by this subsection, the Financial Impact Estimating Conference
  210  shall draft an initiative financial information statement. The
  211  initiative financial information statement should describe in
  212  greater detail than the financial impact statement any projected
  213  increase or decrease in revenues or costs that the state or
  214  local governments would likely experience and the estimated
  215  economic impact on the state and local economy if the ballot
  216  measure were approved. If appropriate, the initiative financial
  217  information statement may include both estimated dollar amounts
  218  and a description placing the estimated dollar amounts into
  219  context. The initiative financial information statement must
  220  include both a summary of not more than 500 words and additional
  221  detailed information that includes the assumptions that were
  222  made to develop the financial impacts, workpapers, and any other
  223  information deemed relevant by the Financial Impact Estimating
  224  Conference.
  225         4. The Department of State shall have printed, and shall
  226  furnish to each supervisor of elections, a copy of the summary
  227  from the initiative financial information statements. The
  228  supervisors shall have the summary from the initiative financial
  229  information statements available at each polling place and at
  230  the main office of the supervisor of elections upon request.
  231         5. The Secretary of State and the Office of Economic and
  232  Demographic Research shall make available on the Internet each
  233  initiative financial information statement in its entirety. In
  234  addition, each supervisor of elections whose office has a
  235  website shall post the summary from each initiative financial
  236  information statement on the website. Each supervisor shall
  237  include a copy of each summary from the initiative financial
  238  information statements and the Internet addresses for the
  239  information statements on the Secretary of State’s and the
  240  Office of Economic and Demographic Research’s websites in the
  241  publication or mailing required by s. 101.20.
  242         (f)When the Secretary of State submits a proposed
  243  initiative petition to the President of the Senate and the
  244  Speaker of the House of Representatives pursuant to s. 15.21,
  245  the President of the Senate and the Speaker of the House of
  246  Representatives may direct legislative staff to prepare an
  247  analysis of the petition. Such analysis may include, but is not
  248  limited to, whether the amendment has undefined terms, conflicts
  249  with an existing provision of the State Constitution, or will
  250  cause unintended consequences or economic impacts.
  251         Section 4. Subsection (1) of section 101.161, Florida
  252  Statutes, is amended to read:
  253         101.161 Referenda; ballots.—
  254         (1) Whenever a constitutional amendment or other public
  255  measure is submitted to the vote of the people, a ballot summary
  256  of such amendment or other public measure shall be printed in
  257  clear and unambiguous language on the ballot after the list of
  258  candidates, followed by the word “yes” and also by the word
  259  “no,” and shall be styled in such a manner that a “yes” vote
  260  will indicate approval of the proposal and a “no” vote will
  261  indicate rejection. The ballot summary of the amendment or other
  262  public measure and the ballot title to appear on the ballot
  263  shall be embodied in the constitutional revision commission
  264  proposal, constitutional convention proposal, taxation and
  265  budget reform commission proposal, or enabling resolution or
  266  ordinance. The ballot summary of the amendment or other public
  267  measure shall be an explanatory statement, not exceeding 75
  268  words in length, of the chief purpose of the measure. In
  269  addition, for every constitutional amendment proposed by
  270  initiative, the ballot shall include, following the ballot
  271  summary, in the following order:
  272         (a)The name of the initiative’s sponsor and the percentage
  273  of total contributions obtained by the sponsor from in-state
  274  persons. For purposes of this subparagraph, “person” has the
  275  same meaning as provided in s. 106.011(14), except that the term
  276  does not include a political party, an affiliated party
  277  committee, or a political committee.
  278         (b)Whether out-of-state petition circulators were used to
  279  obtain signatures for ballot placement.
  280         (c) A separate financial impact statement concerning the
  281  measure prepared by the Financial Impact Estimating Conference
  282  in accordance with s. 100.371(13) s. 100.371(5).
  283         (d)If the financial impact statement projects a net
  284  negative impact on the state budget, the following statement in
  285  bold print:
  293         (e)If the financial impact statement is indeterminate, the
  294  following statement in bold print:
  300         (f)If the members of the Financial Impact Estimating
  301  Conference are unable to agree on the financial impact
  302  statement, the following statement in bold print:
  309         CONSTITUTION.
  311  The ballot title shall consist of a caption, not exceeding 15
  312  words in length, by which the measure is commonly referred to or
  313  spoken of. This subsection does not apply to constitutional
  314  amendments or revisions proposed by joint resolution.
  315         Section 5. Section 101.171, Florida Statutes, is amended to
  316  read:
  317         101.171 Copy of constitutional amendment to be available at
  318  voting locations.—Whenever any amendment to the State
  319  Constitution is to be voted upon at any election, the Department
  320  of State shall have printed and shall furnish to each supervisor
  321  of elections a sufficient number of copies of the amendment
  322  either in poster or booklet form, and the supervisor shall
  323  provide have a copy in thereof conspicuously posted or available
  324  at each voting booth polling room or early voting area upon the
  325  day of election.
  326         Section 6. Paragraph (a) of subsection (4) of section
  327  106.07, Florida Statutes, is amended to read:
  328         106.07 Reports; certification and filing.—
  329         (4)(a) Except for daily reports, to which only the
  330  contributions provisions below apply, and except as provided in
  331  paragraph (b), each report required by this section must
  332  contain:
  333         1. The full name, address, and occupation, if any, of each
  334  person who has made one or more contributions to or for such
  335  committee or candidate within the reporting period, together
  336  with the amount and date of such contributions. For
  337  corporations, the report must provide as clear a description as
  338  practicable of the principal type of business conducted by the
  339  corporation. However, if the contribution is $100 or less or is
  340  from a relative, as defined in s. 112.312, provided that the
  341  relationship is reported, the occupation of the contributor or
  342  the principal type of business need not be listed.
  343         2. The name and address of each political committee from
  344  which the reporting committee or the candidate received, or to
  345  which the reporting committee or candidate made, any transfer of
  346  funds, together with the amounts and dates of all transfers.
  347         3. Each loan for campaign purposes to or from any person or
  348  political committee within the reporting period, together with
  349  the full names, addresses, and occupations, and principal places
  350  of business, if any, of the lender and endorsers, if any, and
  351  the date and amount of such loans.
  352         4. A statement of each contribution, rebate, refund, or
  353  other receipt not otherwise listed under subparagraphs 1.
  354  through 3.
  355         5. The total sums of all loans, in-kind contributions, and
  356  other receipts by or for such committee or candidate during the
  357  reporting period. The reporting forms shall be designed to
  358  elicit separate totals for in-kind contributions, loans, and
  359  other receipts.
  360         6. The full name and address of each person to whom
  361  expenditures have been made by or on behalf of the committee or
  362  candidate within the reporting period; the amount, date, and
  363  purpose of each such expenditure; and the name and address of,
  364  and office sought by, each candidate on whose behalf such
  365  expenditure was made. However, expenditures made from the petty
  366  cash fund provided by s. 106.12 need not be reported
  367  individually.
  368         7. The full name and address of each person to whom an
  369  expenditure for personal services, salary, or reimbursement for
  370  authorized expenses as provided in s. 106.021(3) has been made
  371  and which is not otherwise reported, including the amount, date,
  372  and purpose of such expenditure. However, expenditures made from
  373  the petty cash fund provided for in s. 106.12 need not be
  374  reported individually. Receipts for reimbursement for authorized
  375  expenditures shall be retained by the treasurer along with the
  376  records for the campaign account.
  377         8. The total amount withdrawn and the total amount spent
  378  for petty cash purposes pursuant to this chapter during the
  379  reporting period.
  380         9. The total sum of expenditures made by such committee or
  381  candidate during the reporting period.
  382         10. The amount and nature of debts and obligations owed by
  383  or to the committee or candidate, which relate to the conduct of
  384  any political campaign.
  385         11. Transaction information for each credit card purchase.
  386  Receipts for each credit card purchase shall be retained by the
  387  treasurer with the records for the campaign account.
  388         12. The amount and nature of any separate interest-bearing
  389  accounts or certificates of deposit and identification of the
  390  financial institution in which such accounts or certificates of
  391  deposit are located.
  392         13. The primary purposes of an expenditure made indirectly
  393  through a campaign treasurer pursuant to s. 106.021(3) for goods
  394  and services such as communications media placement or
  395  procurement services, campaign signs, insurance, and other
  396  expenditures that include multiple components as part of the
  397  expenditure. The primary purpose of an expenditure shall be that
  398  purpose, including integral and directly related components,
  399  that comprises 80 percent of such expenditure.
  400         14.If filed by a political committee supporting an
  401  initiative, the percentage of total contributions obtained
  402  during the reporting period from in-state persons. For purposes
  403  of this subparagraph, the term “person” has the same meaning as
  404  provided in s. 106.011, except that the term does not include a
  405  political party as provided in s. 103.091, an affiliated party
  406  committee as provided in s. 103.092, or a political committee as
  407  defined in s. 106.011.
  408         Section 7. The provisions of this act apply to all
  409  revisions or amendments to the State Constitution by initiative
  410  that are proposed for the 2020 election ballot and each ballot
  411  thereafter; provided, however, that nothing in this act affects
  412  the validity of any petition form gathered before the effective
  413  date of this act or any contract entered into before the
  414  effective date of this act.
  415         Section 8. If any provision of this act or its application
  416  to any person or circumstance is held invalid for any reason,
  417  the remaining portion of this act, to the fullest extent
  418  possible, shall be severed from the void portion and given the
  419  fullest possible force and application.
  420         Section 9. This act shall take effect upon becoming a law.
  422  ================= T I T L E  A M E N D M E N T ================
  423  And the title is amended as follows:
  424         Delete everything before the enacting clause
  425  and insert:
  426                        A bill to be entitled                      
  427         An act relating to constitutional amendments proposed
  428         by initiative; amending s. 15.21, F.S.; requiring the
  429         Secretary of State to submit an initiative petition to
  430         the Legislature when a certain amount of signatures
  431         are obtained; amending s. 16.061, F.S.; requiring the
  432         Attorney General to request the Supreme Court to
  433         address in an advisory opinion the specific validity
  434         of the proposed amendment under the United States
  435         Constitution; amending s. 100.371, F.S.; providing
  436         that a citizen may challenge a petition circulator’s
  437         failure to register with the Secretary of State;
  438         authorizing the Division of Elections or a supervisor
  439         of elections to provide petition forms in a certain
  440         electronic format; revising the length of time that a
  441         signature on a petition form is valid; requiring a
  442         supervisor to charge the actual cost of verifying
  443         petition forms; requiring the Department of State to
  444         adopt certain rules; revising the circumstances under
  445         which a petition form is deemed valid; requiring the
  446         Secretary of State to submit a copy of an initiative
  447         petition to the Financial Impact Estimating
  448         Conference; requiring the Financial Impact Estimating
  449         Conference to analyze the financial impact to the
  450         state of a proposed initiative; requiring certain
  451         ballot language based on the findings of the Financial
  452         Impact Estimating Conference; authorizing the use of
  453         legislative staff to analyze the effects of a citizen
  454         initiative under certain circumstances; amending s.
  455         101.161, F.S.; requiring that ballots containing
  456         constitutional amendments proposed by initiative
  457         include certain disclosures and statements; defining
  458         the term “person”; amending s. 101.171, F.S.;
  459         requiring that a copy of the amendment text be made
  460         available in each voting booth; amending s. 106.07,
  461         F.S.; requiring a political committee sponsoring an
  462         initiative to disclose certain information in campaign
  463         finance reports; defining the term “person”; providing
  464         applicability; providing for severability; providing
  465         an effective date.