Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1794
       
       
       
       
       
       
                                Ì920890/Î920890                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: FC            .                                
                  02/13/2020           .                                
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       The Committee on Judiciary (Hutson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    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 33 10 percent of the number of
   22  electors statewide and in at least two-thirds 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 the amendment appearing on the ballot for the general
   69  election occurring in that same year for a period of 2 years
   70  following such date, provided all other requirements of law are
   71  met. The sponsor shall submit signed and dated forms to the
   72  supervisor of elections for the county of residence listed by
   73  the person signing the form for verification of the number of
   74  valid signatures obtained. If a signature on a petition is from
   75  a registered voter in another county, the supervisor shall
   76  notify the petition sponsor of the misfiled petition. The
   77  supervisor shall promptly verify the signatures within 60 30
   78  days after receipt of the petition forms and payment of a the
   79  fee for the actual cost of signature verification incurred by
   80  the supervisor required by s. 99.097. The Department of State
   81  shall adopt rules to set the cost to verify a petition under
   82  this subsection and shall update the cost annually; however, the
   83  actual cost to verify a petition may not exceed $1 per petition.
   84  The supervisor shall promptly record, in the manner prescribed
   85  by 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         (a) The form contains the original signature of the
   90  purported elector.
   91         (b) The purported elector has accurately recorded on the
   92  form the date on which he or she signed the form.
   93         (c) The form sets forth the purported elector’s name,
   94  address, city, county, and voter registration number or date of
   95  birth.
   96         (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         (e)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.
  102  
  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         (13)(a) At the same time the Secretary of State submits an
  109  initiative petition to the Attorney General, the President of
  110  the Senate, and the Speaker of the House of Representatives
  111  pursuant to s. 15.21, the secretary shall submit a copy of the
  112  initiative petition to the Financial Impact Estimating
  113  Conference. Within 75 days after receipt of a proposed revision
  114  or amendment to the State Constitution by initiative petition
  115  from the Secretary of State, the Financial Impact Estimating
  116  Conference shall complete an analysis and financial impact
  117  statement to be placed on the ballot of the estimated increase
  118  or decrease in any revenues or costs to state or local
  119  governments, estimated economic impact on the state and local
  120  economy, and the overall impact to the state budget resulting
  121  from the proposed initiative. The 75-day time limit is tolled
  122  when the Legislature is in session. The Financial Impact
  123  Estimating Conference shall submit the financial impact
  124  statement to the Attorney General and Secretary of State.
  125         (b) Immediately upon receipt of a proposed revision or
  126  amendment from the Secretary of State, the coordinator of the
  127  Office of Economic and Demographic Research shall contact the
  128  person identified as the sponsor to request an official list of
  129  all persons authorized to speak on behalf of the named sponsor
  130  and, if there is one, the sponsoring organization at meetings
  131  held by the Financial Impact Estimating Conference. All other
  132  persons shall be deemed interested parties or proponents or
  133  opponents of the initiative. The Financial Impact Estimating
  134  Conference shall provide an opportunity for any representatives
  135  of the sponsor, interested parties, proponents, or opponents of
  136  the initiative to submit information and may solicit information
  137  or analysis from any other entities or agencies, including the
  138  Office of Economic and Demographic Research.
  139         (c) All meetings of the Financial Impact Estimating
  140  Conference shall be open to the public. The President of the
  141  Senate and the Speaker of the House of Representatives, jointly,
  142  shall be the sole judge for the interpretation, implementation,
  143  and enforcement of this subsection.
  144         1. The Financial Impact Estimating Conference is
  145  established to review, analyze, and estimate the financial
  146  impact of amendments to or revisions of the State Constitution
  147  proposed by initiative. The Financial Impact Estimating
  148  Conference shall consist of four principals: one person from the
  149  Executive Office of the Governor; the coordinator of the Office
  150  of Economic and Demographic Research, or his or her designee;
  151  one person from the professional staff of the Senate; and one
  152  person from the professional staff of the House of
  153  Representatives. Each principal shall have appropriate fiscal
  154  expertise in the subject matter of the initiative. A Financial
  155  Impact Estimating Conference may be appointed for each
  156  initiative.
  157         2. Principals of the Financial Impact Estimating Conference
  158  shall reach a consensus or majority concurrence on a clear and
  159  unambiguous financial impact statement, no more than 150 words
  160  in length, and immediately submit the statement to the Attorney
  161  General. Nothing in this subsection prohibits the Financial
  162  Impact Estimating Conference from setting forth a range of
  163  potential impacts in the financial impact statement. Any
  164  financial impact statement that a court finds not to be in
  165  accordance with this section shall be remanded solely to the
  166  Financial Impact Estimating Conference for redrafting. The
  167  Financial Impact Estimating Conference shall redraft the
  168  financial impact statement within 15 days.
  169         3. If the members of the Financial Impact Estimating
  170  Conference are unable to agree on the statement required by this
  171  subsection, or if the Supreme Court has rejected the initial
  172  submission by the Financial Impact Estimating Conference and no
  173  redraft has been approved by the Supreme Court by 5 p.m. on the
  174  75th day before the election, the following statement shall
  175  appear on the ballot pursuant to s. 101.161(1): “The financial
  176  impact of this measure, if any, has not been cannot be
  177  reasonably determined at this time.”
  178         (d) The financial impact statement must be separately
  179  contained and be set forth after the ballot summary as required
  180  in s. 101.161(1).
  181         1. If the financial impact statement projects a net
  182  estimates increased costs, decreased revenues, a negative impact
  183  on the state budget or local economy, or an indeterminate impact
  184  for any of these areas, the ballot must include the a statement
  185  required by s. 101.161(1)(b) indicating such estimated effect in
  186  bold font.
  187         2.If the financial impact statement projects a net
  188  positive impact on the state budget, the ballot must include the
  189  statement required by s. 101.161(1)(c).
  190         3. If the financial impact statement estimates an
  191  indeterminate financial impact, the ballot must include the
  192  statement required by s. 101.161(1)(d).
  193         4.If the members of the Financial Impact Estimating
  194  Conference are unable to agree on the statement required by this
  195  subsection, the ballot must include the statement required by s.
  196  101.161(1)(e).
  197         (e)1. Any financial impact statement that the Supreme Court
  198  finds not to be in accordance with this subsection shall be
  199  remanded solely to the Financial Impact Estimating Conference
  200  for redrafting, provided the court’s advisory opinion is
  201  rendered at least 75 days before the election at which the
  202  question of ratifying the amendment will be presented. The
  203  Financial Impact Estimating Conference shall prepare and adopt a
  204  revised financial impact statement no later than 5 p.m. on the
  205  15th day after the date of the court’s opinion.
  206         2. If, by 5 p.m. on the 75th day before the election, the
  207  Supreme Court has not issued an advisory opinion on the initial
  208  financial impact statement prepared by the Financial Impact
  209  Estimating Conference for an initiative amendment that otherwise
  210  meets the legal requirements for ballot placement, the financial
  211  impact statement shall be deemed approved for placement on the
  212  ballot.
  213         3. In addition to the financial impact statement required
  214  by this subsection, the Financial Impact Estimating Conference
  215  shall draft an initiative financial information statement. The
  216  initiative financial information statement should describe in
  217  greater detail than the financial impact statement any projected
  218  increase or decrease in revenues or costs that the state or
  219  local governments would likely experience and the estimated
  220  economic impact on the state and local economy if the ballot
  221  measure were approved. If appropriate, the initiative financial
  222  information statement may include both estimated dollar amounts
  223  and a description placing the estimated dollar amounts into
  224  context. The initiative financial information statement must
  225  include both a summary of not more than 500 words and additional
  226  detailed information that includes the assumptions that were
  227  made to develop the financial impacts, workpapers, and any other
  228  information deemed relevant by the Financial Impact Estimating
  229  Conference.
  230         4. The Department of State shall have printed, and shall
  231  furnish to each supervisor of elections, a copy of the summary
  232  from the initiative financial information statements. The
  233  supervisors shall have the summary from the initiative financial
  234  information statements available at each polling place and at
  235  the main office of the supervisor of elections upon request.
  236         5. The Secretary of State and the Office of Economic and
  237  Demographic Research shall make available on the Internet each
  238  initiative financial information statement in its entirety. In
  239  addition, each supervisor of elections whose office has a
  240  website shall post the summary from each initiative financial
  241  information statement on the website. Each supervisor shall
  242  include a copy of each summary from the initiative financial
  243  information statements and the Internet addresses for the
  244  information statements on the Secretary of State’s and the
  245  Office of Economic and Demographic Research’s websites in the
  246  publication or mailing required by s. 101.20.
  247         (f)When the Secretary of State submits a proposed
  248  initiative petition to the President of the Senate and the
  249  Speaker of the House of Representatives pursuant to s. 15.21,
  250  the President of the Senate and the Speaker of the House of
  251  Representatives may direct legislative staff to prepare an
  252  analysis of the petition. Such analysis may include, but is not
  253  limited to, whether the amendment has undefined terms, conflicts
  254  with an existing provision of the State Constitution, or will
  255  cause unintended consequences or economic impacts.
  256         Section 4. Subsection (1) of section 101.161, Florida
  257  Statutes, is amended to read:
  258         101.161 Referenda; ballots.—
  259         (1) Whenever a constitutional amendment or other public
  260  measure is submitted to the vote of the people, a ballot summary
  261  of such amendment or other public measure shall be printed in
  262  clear and unambiguous language on the ballot after the list of
  263  candidates, followed by the word “yes” and also by the word
  264  “no,” and shall be styled in such a manner that a “yes” vote
  265  will indicate approval of the proposal and a “no” vote will
  266  indicate rejection. The ballot summary of the amendment or other
  267  public measure and the ballot title to appear on the ballot
  268  shall be embodied in the constitutional revision commission
  269  proposal, constitutional convention proposal, taxation and
  270  budget reform commission proposal, or enabling resolution or
  271  ordinance. The ballot summary of the amendment or other public
  272  measure shall be an explanatory statement, not exceeding 75
  273  words in length, of the chief purpose of the measure. In
  274  addition, for every constitutional amendment proposed by
  275  initiative, the ballot shall include, following the ballot
  276  summary, in the following order:
  277         (a) A separate financial impact statement concerning the
  278  measure prepared by the Financial Impact Estimating Conference
  279  in accordance with s. 100.371(13) s. 100.371(5).
  280         (b)If the financial impact statement projects a net
  281  negative impact on the state budget, the following statement in
  282  bold print:
  283  
  284         THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO
  285         HAVE A NET NEGATIVE IMPACT ON THE STATE BUDGET. THIS
  286         IMPACT MAY RESULT IN HIGHER TAXES OR A LOSS OF
  287         GOVERNMENT SERVICES IN ORDER TO MAINTAIN A BALANCED
  288         STATE BUDGET AS REQUIRED BY THE CONSTITUTION.
  289  
  290         (c) If the financial impact statement projects a net
  291  positive impact on the state budget, the following statement in
  292  bold print:
  293  
  294         THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO
  295         HAVE A NET POSITIVE IMPACT ON THE STATE BUDGET. THIS
  296         IMPACT MAY RESULT IN GENERATING ADDITIONAL REVENUE.
  297  
  298         (d)If the financial impact statement is indeterminate, the
  299  following statement in bold print:
  300  
  301         THE FINANCIAL IMPACT OF THIS AMENDMENT CANNOT BE
  302         DETERMINED DUE TO AMBIGUITIES AND UNCERTAINTIES
  303         SURROUNDING THE AMENDMENT’S IMPACT.
  304  
  305         (e)If the members of the Financial Impact Estimating
  306  Conference are unable to agree on the financial impact
  307  statement, the following statement in bold print:
  308  
  309         THE FINANCIAL IMPACT ESTIMATING CONFERENCE WAS UNABLE
  310         TO AGREE ON THE FINANCIAL IMPACT OF THIS PROPOSED
  311         CONSTITUTIONAL AMENDMENT. THIS AMENDMENT MAY RESULT IN
  312         HIGHER TAXES OR A LOSS OF GOVERNMENT SERVICES IN ORDER
  313         TO MAINTAIN A BALANCED STATE BUDGET AS REQUIRED BY THE
  314         CONSTITUTION.
  315  
  316  The ballot title shall consist of a caption, not exceeding 15
  317  words in length, by which the measure is commonly referred to or
  318  spoken of. This subsection does not apply to constitutional
  319  amendments or revisions proposed by joint resolution.
  320         Section 5. Section 101.171, Florida Statutes, is amended to
  321  read:
  322         101.171 Copy of constitutional amendment to be available at
  323  voting locations.—Whenever any amendment to the State
  324  Constitution is to be voted upon at any election, the Department
  325  of State shall have printed and shall furnish to each supervisor
  326  of elections a sufficient number of copies of the amendment
  327  either in poster or booklet form, and the supervisor shall
  328  provide have a copy in a designated area of each polling
  329  location as determined by the supervisor thereof conspicuously
  330  posted or available at each polling room or early voting area
  331  upon the day of election.
  332         Section 6. The provisions of this act apply to all
  333  revisions or amendments to the State Constitution by initiative
  334  that are proposed for the 2020 election ballot and each ballot
  335  thereafter; provided, however, that nothing in this act affects
  336  the validity of any petition form gathered before the effective
  337  date of this act or any contract entered into before the
  338  effective date of this act. Petition forms gathered before the
  339  effective date of this act shall be governed by the laws
  340  existing at the time that the form was initially gathered.
  341         Section 7. If any provision of this act or its application
  342  to any person or circumstance is held invalid for any reason,
  343  the remaining portion of this act, to the fullest extent
  344  possible, shall be severed from the void portion and given the
  345  fullest possible force and application.
  346         Section 8. This act shall take effect upon becoming a law.
  347  
  348  ================= T I T L E  A M E N D M E N T ================
  349  And the title is amended as follows:
  350         Delete everything before the enacting clause
  351  and insert:
  352                        A bill to be entitled                      
  353         An act relating to constitutional amendments proposed
  354         by initiative; amending s. 15.21, F.S.; requiring the
  355         Secretary of State to submit an initiative petition to
  356         the Legislature when a certain amount of signatures
  357         are obtained and verified; amending s. 16.061, F.S.;
  358         requiring the Attorney General to request the Supreme
  359         Court to address in an advisory opinion the facial
  360         validity of the proposed amendment under the United
  361         States Constitution; amending s. 100.371, F.S.;
  362         providing that a citizen may challenge in circuit
  363         court a petition circulator’s registration with the
  364         Secretary of State; authorizing the Division of
  365         Elections or a supervisor of elections to provide
  366         petition forms in a certain electronic format;
  367         revising the length of time that a signature on a
  368         petition form is valid; revising the timeframe within
  369         which the supervisor must verify petition forms;
  370         requiring the supervisor to charge the actual cost of
  371         verifying petition forms; requiring the Department of
  372         State to adopt certain rules; providing a limitation
  373         on the cost of signature verification; revising the
  374         circumstances under which a petition form is deemed
  375         valid; requiring the Secretary of State to submit a
  376         copy of an initiative petition to the Financial Impact
  377         Estimating Conference; revising requirements for the
  378         Financial Impact Estimating Conference’s analysis of a
  379         proposed initiative’s economic impact; requiring
  380         certain ballot language based on the findings of the
  381         Financial Impact Estimating Conference; authorizing
  382         the use of legislative staff to analyze the effects of
  383         a citizen initiative under certain circumstances;
  384         amending s. 101.161, F.S.; requiring that ballots
  385         containing constitutional amendments proposed by
  386         initiative include certain disclosures and statements;
  387         amending s. 101.171, F.S.; revising requirements
  388         regarding the availability of copies of constitutional
  389         amendments at polling locations; providing
  390         applicability; providing for severability; providing
  391         an effective date.