Florida Senate - 2020                                    SB 1794
       By Senator Hutson
       7-01737B-20                                           20201794__
    1                        A bill to be entitled                      
    2         An act relating to constitutional amendments proposed
    3         by initiative; amending s. 15.21, F.S.; requiring the
    4         Secretary of State to submit an initiative petition to
    5         the Speaker of the House of Representatives and the
    6         President of the Senate when a specified percentage of
    7         the required statewide signatures is obtained;
    8         amending s. 100.371, F.S.; authorizing a citizen to
    9         challenge a petition circulator’s registration;
   10         requiring the court to take specified action if the
   11         petition circulator is not registered; providing that
   12         the Division of Elections or a supervisor of elections
   13         may provide petition forms in electronic format;
   14         revising the length of validity of a petition form;
   15         requiring a petition sponsor to pay the supervisor’s
   16         actual cost of signature verification for petition
   17         forms; requiring the Department of State to adopt
   18         certain rules; modifying conditions under which the
   19         supervisor may verify a signature on a petition form
   20         as valid; requiring the Secretary of State to submit a
   21         copy of an initiative to the Financial Impact
   22         Estimating Conference; requiring the Financial Impact
   23         Estimating Conference to analyze the fiscal impact to
   24         state government of a proposed initiative; requiring a
   25         ballot to include certain statements explaining
   26         whether the Financial Impact Estimating Conference
   27         agreed on the initiative’s impact; authorizing the
   28         Speaker of the House of Representatives and the
   29         President of the Senate to direct legislative staff to
   30         analyze the effects of a proposed initiative petition;
   31         amending s. 101.161, F.S.; requiring that a ballot
   32         include disclosures about the initiative sponsor;
   33         defining a term; requiring that the ballot include a
   34         statement about the initiative’s projected fiscal
   35         impact; requiring the Attorney General to request the
   36         Supreme Court to determine whether the initiative
   37         language violates the United States Constitution or
   38         the State Constitution or has other infirmities;
   39         amending s. 101.171, F.S.; requiring a copy of the
   40         initiative text in each voting booth; amending s.
   41         106.07, F.S.; requiring a political committee
   42         sponsoring an initiative to disclose the percentage of
   43         in-state contributions received; defining a term;
   44         providing applicability; providing for severability;
   45         providing an effective date.
   47  Be It Enacted by the Legislature of the State of Florida:
   49         Section 1. Section 15.21, Florida Statutes, is amended to
   50  read:
   51         15.21 Initiative petitions; s. 3, Art. XI, State
   52  Constitution.—The Secretary of State shall immediately submit an
   53  initiative petition to the Attorney General, the Speaker of the
   54  House of Representatives, and the President of the Senate and to
   55  the Financial Impact Estimating Conference if the sponsor has:
   56         (1) Registered as a political committee pursuant to s.
   57  106.03;
   58         (2) Submitted the ballot title, substance, and text of the
   59  proposed revision or amendment to the Secretary of State
   60  pursuant to ss. 100.371 and 101.161; and
   61         (3) Obtained a letter from the Division of Elections
   62  confirming that the sponsor has submitted to the appropriate
   63  supervisors for verification, and the supervisors have verified,
   64  forms signed and dated equal to 50 10 percent of the number of
   65  electors statewide and in at least one-fourth of the
   66  congressional districts required by s. 3, Art. XI of the State
   67  Constitution.
   68         Section 2. Subsections (3), (6), (11), and (13) of section
   69  100.371, Florida Statutes, are amended to read:
   70         100.371 Initiatives; procedure for placement on ballot.—
   71         (3)(a) A person may not collect signatures or initiative
   72  petitions for compensation unless the person is registered as a
   73  petition circulator with the Secretary of State.
   74         (b) A citizen may challenge a petition circulator’s
   75  registration under this section by filing a petition in circuit
   76  court. If the court finds that the respondent is not a
   77  registered petition circulator, the court must enjoin the
   78  respondent from collecting signatures or initiative petitions
   79  for compensation until she or he is lawfully registered.
   80         (6) The division or the supervisor of elections shall make
   81  hard copy petition forms or electronic Portable Document Format
   82  (PDF) petition forms available to registered petition
   83  circulators. All such forms must contain information identifying
   84  the petition circulator to which the forms are provided. The
   85  division shall maintain a database of all registered petition
   86  circulators and the petition forms assigned to each. Each
   87  supervisor of elections shall provide to the division
   88  information on petition forms assigned to and received from
   89  petition circulators. The information must be provided in a
   90  format and at times as required by the division by rule. The
   91  division must update information on petition forms daily and
   92  make the information publicly available.
   93         (11) An initiative petition form circulated for signature
   94  may not be bundled with or attached to any other petition. Each
   95  signature shall be dated when made and shall be valid until the
   96  next February 1 occurring in an even-numbered year for the
   97  purpose of appearing on the ballot for the general election
   98  occurring in that same year for a period of 2 years following
   99  such date, provided all other requirements of law are met. The
  100  sponsor shall submit signed and dated forms to the supervisor of
  101  elections for the county of residence listed by the person
  102  signing the form for verification of the number of valid
  103  signatures obtained. If a signature on a petition is from a
  104  registered voter in another county, the supervisor shall notify
  105  the petition sponsor of the misfiled petition. The supervisor
  106  shall promptly verify the signatures within 30 days after
  107  receipt of the petition forms and payment of a the fee for the
  108  actual cost of signature verification incurred by the supervisor
  109  required by s. 99.097. The Department of State shall adopt rules
  110  to set the cost to verify a petition under this subsection, and
  111  the department shall update the cost annually. The supervisor
  112  shall promptly record, in the manner prescribed by the Secretary
  113  of State, the date each form is received by the supervisor, and
  114  the date the signature on the form is verified as valid. The
  115  supervisor may verify that the signature on a form is valid only
  116  if:
  117         (a) The form contains the original signature of the
  118  purported elector.
  119         (b) The purported elector has accurately recorded on the
  120  form the date on which he or she signed the form.
  121         (c) The form sets forth the purported elector’s name,
  122  address, city, county, and voter registration number or date of
  123  birth.
  124         (d) The purported elector is, at the time he or she signs
  125  the form and at the time the form is verified, a duly qualified
  126  and registered elector in the state.
  127         (e) The signature was obtained legally, including that if a
  128  paid petition circulator was used, the circulator was validly
  129  registered under subsection (3) when the signature was obtained.
  131  The supervisor shall retain the signature forms for at least 1
  132  year following the election in which the issue appeared on the
  133  ballot or until the Division of Elections notifies the
  134  supervisors of elections that the committee that circulated the
  135  petition is no longer seeking to obtain ballot position.
  136         (13)(a) At the same time the Secretary of State submits an
  137  initiative petition to the Attorney General pursuant to s.
  138  15.21, the secretary shall submit a copy of the initiative
  139  petition to the Financial Impact Estimating Conference. Within
  140  75 days after receipt of a proposed revision or amendment to the
  141  State Constitution by initiative petition from the Secretary of
  142  State, the Financial Impact Estimating Conference shall complete
  143  an analysis and financial impact statement to be placed on the
  144  ballot of the estimated increase or decrease in any revenues or
  145  costs to state government or local governments, estimated
  146  economic impact on the state and local economy, and the overall
  147  impact to the state budget resulting from the proposed
  148  initiative. The 75-day time limit is tolled when the Legislature
  149  is in session. The Financial Impact Estimating Conference shall
  150  submit the financial impact statement to the Attorney General
  151  and Secretary of State.
  152         (b) Immediately upon receipt of a proposed revision or
  153  amendment from the Secretary of State, the coordinator of the
  154  Office of Economic and Demographic Research shall contact the
  155  person identified as the sponsor to request an official list of
  156  all persons authorized to speak on behalf of the named sponsor
  157  and, if there is one, the sponsoring organization at meetings
  158  held by the Financial Impact Estimating Conference. All other
  159  persons shall be deemed interested parties or proponents or
  160  opponents of the initiative. The Financial Impact Estimating
  161  Conference shall provide an opportunity for any representatives
  162  of the sponsor, interested parties, proponents, or opponents of
  163  the initiative to submit information and may solicit information
  164  or analysis from any other entities or agencies, including the
  165  Office of Economic and Demographic Research.
  166         (c) All meetings of the Financial Impact Estimating
  167  Conference shall be open to the public. The President of the
  168  Senate and the Speaker of the House of Representatives, jointly,
  169  shall be the sole judge for the interpretation, implementation,
  170  and enforcement of this subsection.
  171         1. The Financial Impact Estimating Conference is
  172  established to review, analyze, and estimate the fiscal
  173  financial impact on state government of amendments to or
  174  revisions of the State Constitution proposed by initiative. The
  175  Financial Impact Estimating Conference shall consist of four
  176  principals: one person from the Executive Office of the
  177  Governor; the coordinator of the Office of Economic and
  178  Demographic Research, or his or her designee; one person from
  179  the professional staff of the Senate; and one person from the
  180  professional staff of the House of Representatives. Each
  181  principal shall have appropriate fiscal expertise in the subject
  182  matter of the initiative. A Financial Impact Estimating
  183  Conference may be appointed for each initiative.
  184         2. Principals of the Financial Impact Estimating Conference
  185  shall reach a consensus or majority concurrence on a clear and
  186  unambiguous financial impact statement, no more than 150 words
  187  in length, and immediately submit the statement to the Attorney
  188  General. Nothing in this subsection prohibits the Financial
  189  Impact Estimating Conference from setting forth a range of
  190  potential impacts in the financial impact statement. Any
  191  financial impact statement that a court finds not to be in
  192  accordance with this section shall be remanded solely to the
  193  Financial Impact Estimating Conference for redrafting. The
  194  Financial Impact Estimating Conference shall redraft the
  195  financial impact statement within 15 days.
  196         3. If the members of the Financial Impact Estimating
  197  Conference are unable to agree on the statement required by this
  198  subsection, or if the Supreme Court has rejected the initial
  199  submission by the Financial Impact Estimating Conference and no
  200  redraft has been approved by the Supreme Court by 5 p.m. on the
  201  75th day before the election, the following statement shall
  202  appear on the ballot pursuant to s. 101.161(1): “The members of
  203  the Financial Impact Estimating Conference cannot agree on the
  204  fiscal financial impact of this measure on state government, if
  205  any, cannot be 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 estimates increased
  210  costs, decreased revenues, or a negative fiscal impact on the
  211  state government 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)(a)4.
  214         2. If the financial impact statement estimates an
  215  indeterminate fiscal impact, the ballot must include the
  216  statement required by s. 101.161(1)(a)5.
  217         3. If the members of the Financial Impact Estimating
  218  Conference are unable to agree on the statement required by this
  219  subsection, the ballot must include the statement required by s.
  220  101.161(1)(a)6 indicating such estimated effect in bold font.
  221         (e)1. Any financial impact statement that the Supreme Court
  222  finds not to be in accordance with this subsection shall be
  223  remanded solely to the Financial Impact Estimating Conference
  224  for redrafting, provided the court’s advisory opinion is
  225  rendered at least 75 days before the election at which the
  226  question of ratifying the amendment will be presented. The
  227  Financial Impact Estimating Conference shall prepare and adopt a
  228  revised financial impact statement no later than 5 p.m. on the
  229  15th day after the date of the court’s opinion.
  230         2. If, by 5 p.m. on the 75th day before the election, the
  231  Supreme Court has not issued an advisory opinion on the initial
  232  financial impact statement prepared by the Financial Impact
  233  Estimating Conference for an initiative amendment that otherwise
  234  meets the legal requirements for ballot placement, the financial
  235  impact statement shall be deemed approved for placement on the
  236  ballot.
  237         3. In addition to the financial impact statement required
  238  by this subsection, the Financial Impact Estimating Conference
  239  shall draft an initiative financial information statement. The
  240  initiative financial information statement should describe in
  241  greater detail than the financial impact statement any projected
  242  increase or decrease in revenues or costs that the state or
  243  local governments would likely experience and the estimated
  244  economic impact on the state and local economy if the ballot
  245  measure were approved. If appropriate, the initiative financial
  246  information statement may include both estimated dollar amounts
  247  and a description placing the estimated dollar amounts into
  248  context. The initiative financial information statement must
  249  include both a summary of not more than 500 words and additional
  250  detailed information that includes the assumptions that were
  251  made to develop the financial impacts, workpapers, and any other
  252  information deemed relevant by the Financial Impact Estimating
  253  Conference.
  254         4. The Department of State shall have printed, and shall
  255  furnish to each supervisor of elections, a copy of the summary
  256  from the initiative financial information statements. The
  257  supervisors shall have the summary from the initiative financial
  258  information statements available at each polling place and at
  259  the main office of the supervisor of elections upon request.
  260         5. The Secretary of State and the Office of Economic and
  261  Demographic Research shall make available on the Internet each
  262  initiative financial information statement in its entirety. In
  263  addition, each supervisor of elections whose office has a
  264  website shall post the summary from each initiative financial
  265  information statement on the website. Each supervisor shall
  266  include a copy of each summary from the initiative financial
  267  information statements and the Internet addresses for the
  268  information statements on the Secretary of State’s and the
  269  Office of Economic and Demographic Research’s websites in the
  270  publication or mailing required by s. 101.20.
  271         (f) When the Secretary of State submits a proposed
  272  initiative petition to the Speaker of the House of
  273  Representatives and the President of the Senate pursuant to s.
  274  15.21, the Speaker and the President may direct legislative
  275  committee staff to prepare an analysis of the petition. The
  276  analysis may include, but is not limited to, whether the
  277  amendment has undefined terms or will cause unintended
  278  consequences or economic impacts.
  279         Section 3. Subsection (1) of section 101.161, Florida
  280  Statutes, is amended to read:
  281         101.161 Referenda; ballots.—
  282         (1)(a) Whenever a constitutional amendment or other public
  283  measure is submitted to the vote of the people, a ballot summary
  284  of such amendment or other public measure shall be printed in
  285  clear and unambiguous language on the ballot after the list of
  286  candidates, followed by the word “yes” and also by the word
  287  “no,” and shall be styled in such a manner that a “yes” vote
  288  will indicate approval of the proposal and a “no” vote will
  289  indicate rejection. The ballot summary of the amendment or other
  290  public measure and the ballot title to appear on the ballot
  291  shall be embodied in the constitutional revision commission
  292  proposal, constitutional convention proposal, taxation and
  293  budget reform commission proposal, or enabling resolution or
  294  ordinance. The ballot summary of the amendment or other public
  295  measure shall be an explanatory statement, not exceeding 75
  296  words in length, of the chief purpose of the measure. In
  297  addition, for every constitutional amendment proposed by
  298  initiative, the ballot shall include, following the ballot
  299  summary, in the following order:
  300         1. The name of the initiative’s sponsor and the percentage
  301  of total contributions obtained by the sponsor from in-state
  302  persons. For purposes of this subparagraph, the term “person”
  303  has the same meaning as provided in s. 106.011(14), except that
  304  the term does not include a political party, an affiliated party
  305  committee, or a political committee.
  306         2. Whether out-of-state petition circulators were used to
  307  obtain signatures for ballot placement.
  308         3. A separate financial impact statement concerning the
  309  measure prepared by the Financial Impact Estimating Conference
  310  in accordance with s. 100.371(13) s. 100.371(5).
  311         4.If the fiscal impact statement projects increased costs,
  312  decreased revenues, or a negative fiscal impact on state
  313  government, the following statement in bold print:
  320         CONSTITUTION.
  322         5. If the fiscal impact statement is indeterminate, the
  323  following statement in bold print:
  329         6. If the members of the Financial Impact Estimating
  330  Conference are unable to agree on the financial impact
  331  statement, the following statement in bold print:
  338         CONSTITUTION.
  340         (b) The ballot title shall consist of a caption, not
  341  exceeding 15 words in length, by which the measure is commonly
  342  referred to or spoken of.
  343         (c) When the Attorney General requests an advisory opinion
  344  of the Supreme Court to review a proposed constitutional
  345  amendment pursuant to s. 16.061, the Attorney General shall
  346  include a request for the court to review whether the proposed
  347  amendment:
  348         1. Violates the United States Constitution.
  349         2. Conflicts with an existing provision of the State
  350  Constitution.
  351         3. Would be held facially void for vagueness.
  352         4. Has any undefined terms that will have a substantive
  353  impact.
  354         (d) This subsection does not apply to constitutional
  355  amendments or revisions proposed by joint resolution.
  356         Section 4. Section 101.171, Florida Statutes, is amended to
  357  read:
  358         101.171 Copy of constitutional amendment to be available at
  359  voting locations.—Whenever any amendment to the State
  360  Constitution is to be voted upon at any election, the Department
  361  of State shall have printed and shall furnish to each supervisor
  362  of elections a sufficient number of copies of the amendment
  363  either in poster or booklet form, and the supervisor shall
  364  provide have a copy in thereof conspicuously posted or available
  365  at each voting booth polling room or early voting area upon the
  366  day of election.
  367         Section 5. Paragraph (a) of subsection (4) of section
  368  106.07, Florida Statutes, is amended to read:
  369         106.07 Reports; certification and filing.—
  370         (4)(a) Except for daily reports, to which only the
  371  contributions provisions below apply, and except as provided in
  372  paragraph (b), each report required by this section must
  373  contain:
  374         1. The full name, address, and occupation, if any, of each
  375  person who has made one or more contributions to or for such
  376  committee or candidate within the reporting period, together
  377  with the amount and date of such contributions. For
  378  corporations, the report must provide as clear a description as
  379  practicable of the principal type of business conducted by the
  380  corporation. However, if the contribution is $100 or less or is
  381  from a relative, as defined in s. 112.312, provided that the
  382  relationship is reported, the occupation of the contributor or
  383  the principal type of business need not be listed.
  384         2. The name and address of each political committee from
  385  which the reporting committee or the candidate received, or to
  386  which the reporting committee or candidate made, any transfer of
  387  funds, together with the amounts and dates of all transfers.
  388         3. Each loan for campaign purposes to or from any person or
  389  political committee within the reporting period, together with
  390  the full names, addresses, and occupations, and principal places
  391  of business, if any, of the lender and endorsers, if any, and
  392  the date and amount of such loans.
  393         4. A statement of each contribution, rebate, refund, or
  394  other receipt not otherwise listed under subparagraphs 1.
  395  through 3.
  396         5. The total sums of all loans, in-kind contributions, and
  397  other receipts by or for such committee or candidate during the
  398  reporting period. The reporting forms shall be designed to
  399  elicit separate totals for in-kind contributions, loans, and
  400  other receipts.
  401         6. The full name and address of each person to whom
  402  expenditures have been made by or on behalf of the committee or
  403  candidate within the reporting period; the amount, date, and
  404  purpose of each such expenditure; and the name and address of,
  405  and office sought by, each candidate on whose behalf such
  406  expenditure was made. However, expenditures made from the petty
  407  cash fund provided by s. 106.12 need not be reported
  408  individually.
  409         7. The full name and address of each person to whom an
  410  expenditure for personal services, salary, or reimbursement for
  411  authorized expenses as provided in s. 106.021(3) has been made
  412  and which is not otherwise reported, including the amount, date,
  413  and purpose of such expenditure. However, expenditures made from
  414  the petty cash fund provided for in s. 106.12 need not be
  415  reported individually. Receipts for reimbursement for authorized
  416  expenditures shall be retained by the treasurer along with the
  417  records for the campaign account.
  418         8. The total amount withdrawn and the total amount spent
  419  for petty cash purposes pursuant to this chapter during the
  420  reporting period.
  421         9. The total sum of expenditures made by such committee or
  422  candidate during the reporting period.
  423         10. The amount and nature of debts and obligations owed by
  424  or to the committee or candidate, which relate to the conduct of
  425  any political campaign.
  426         11. Transaction information for each credit card purchase.
  427  Receipts for each credit card purchase shall be retained by the
  428  treasurer with the records for the campaign account.
  429         12. The amount and nature of any separate interest-bearing
  430  accounts or certificates of deposit and identification of the
  431  financial institution in which such accounts or certificates of
  432  deposit are located.
  433         13. The primary purposes of an expenditure made indirectly
  434  through a campaign treasurer pursuant to s. 106.021(3) for goods
  435  and services such as communications media placement or
  436  procurement services, campaign signs, insurance, and other
  437  expenditures that include multiple components as part of the
  438  expenditure. The primary purpose of an expenditure shall be that
  439  purpose, including integral and directly related components,
  440  that comprises 80 percent of such expenditure.
  441         14. If filed by a political committee supporting an
  442  initiative, the percentage of total contributions obtained
  443  during the reporting period from in-state persons. For purposes
  444  of this subparagraph, the term “person” has the same meaning as
  445  provided in s. 106.011, except that the term does not include a
  446  political party as provided in s. 103.091, an affiliated party
  447  committee as provided in s. 103.092, or a political committee as
  448  defined in s. 106.011.
  449         Section 6. The provisions of this act apply to all
  450  revisions or amendments to the State Constitution by initiative
  451  which are proposed for the 2020 general election ballot and each
  452  ballot thereafter; provided, however, that nothing in this act
  453  affects the validity of any petition form gathered before the
  454  effective date of this act or any contract entered into before
  455  the effective date of this act.
  456         Section 7. If any provision of this act or its application
  457  to any person or circumstance is held invalid for any reason,
  458  the remaining portions of this act, to the fullest extent
  459  possible, shall be severed from the void portion and given the
  460  fullest possible force and application.
  461         Section 8. This act shall take effect upon becoming a law.