Florida Senate - 2020 CS for SB 1794
By the Committee on Ethics and Elections; and Senator Hutson
582-02659-20 20201794c1
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 Legislature when a certain amount of signatures
6 are obtained; amending s. 16.061, F.S.; requiring the
7 Attorney General to request the Supreme Court to
8 address in an advisory opinion the specific validity
9 of the proposed amendment under the United States
10 Constitution; amending s. 100.371, F.S.; providing
11 that a citizen may challenge a petition circulator’s
12 failure to register with the Secretary of State;
13 authorizing the Division of Elections or a supervisor
14 of elections to provide petition forms in a certain
15 electronic format; revising the length of time that a
16 signature on a petition form is valid; requiring a
17 supervisor to charge the actual cost of verifying
18 petition forms; requiring the Department of State to
19 adopt certain rules; revising the circumstances under
20 which a petition form is deemed valid; requiring the
21 Secretary of State to submit a copy of an initiative
22 petition to the Financial Impact Estimating
23 Conference; requiring the Financial Impact Estimating
24 Conference to analyze the financial impact to the
25 state of a proposed initiative; requiring certain
26 ballot language based on the findings of the Financial
27 Impact Estimating Conference; authorizing the use of
28 legislative staff to analyze the effects of a citizen
29 initiative under certain circumstances; amending s.
30 101.161, F.S.; requiring that ballots containing
31 constitutional amendments proposed by initiative
32 include certain disclosures and statements; defining
33 the term “person”; amending s. 101.171, F.S.;
34 requiring that a copy of the amendment text be made
35 available in each voting booth; amending s. 106.07,
36 F.S.; requiring a political committee sponsoring an
37 initiative to disclose certain information in campaign
38 finance reports; defining the term “person”; providing
39 applicability; providing for severability; providing
40 an effective date.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Section 15.21, Florida Statutes, is amended to
45 read:
46 15.21 Initiative petitions; s. 3, Art. XI, State
47 Constitution.—The Secretary of State shall immediately submit an
48 initiative petition to the Attorney General, the President of
49 the Senate, and the Speaker of the House of Representatives and
50 to the Financial Impact Estimating Conference if the sponsor
51 has:
52 (1) Registered as a political committee pursuant to s.
53 106.03;
54 (2) Submitted the ballot title, substance, and text of the
55 proposed revision or amendment to the Secretary of State
56 pursuant to ss. 100.371 and 101.161; and
57 (3) Obtained a letter from the Division of Elections
58 confirming that the sponsor has submitted to the appropriate
59 supervisors for verification, and the supervisors have verified,
60 forms signed and dated equal to 50 10 percent of the number of
61 electors statewide and in at least one-fourth of the
62 congressional districts required by s. 3, Art. XI of the State
63 Constitution.
64 Section 2. Subsection (1) of section 16.061, Florida
65 Statutes, is amended to read:
66 16.061 Initiative petitions.—
67 (1) The Attorney General shall, within 30 days after
68 receipt of a proposed revision or amendment to the State
69 Constitution by initiative petition from the Secretary of State,
70 petition the Supreme Court, requesting an advisory opinion
71 regarding the compliance of the text of the proposed amendment
72 or revision with s. 3, Art. XI of the State Constitution,
73 whether the proposed amendment is facially invalid under the
74 United States Constitution, and the compliance of the proposed
75 ballot title and substance with s. 101.161. The petition may
76 enumerate any specific factual issues that the Attorney General
77 believes would require a judicial determination.
78 Section 3. Subsections (3), (6), (11), and (13) of section
79 100.371, Florida Statutes, are amended to read:
80 100.371 Initiatives; procedure for placement on ballot.—
81 (3)(a) A person may not collect signatures or initiative
82 petitions for compensation unless the person is registered as a
83 petition circulator with the Secretary of State.
84 (b) A citizen may challenge a petition circulator’s
85 registration under this section by filing a petition in circuit
86 court. If the court finds that the respondent is not a
87 registered petition circulator, the court may enjoin the
88 respondent from collecting signatures or initiative petitions
89 for compensation until she or he is lawfully registered.
90 (6) The division or the supervisor of elections shall make
91 hard copy petition forms or electronic portable document format
92 petition forms available to registered petition circulators. All
93 such forms must contain information identifying the petition
94 circulator to which the forms are provided. The division shall
95 maintain a database of all registered petition circulators and
96 the petition forms assigned to each. Each supervisor of
97 elections shall provide to the division information on petition
98 forms assigned to and received from petition circulators. The
99 information must be provided in a format and at times as
100 required by the division by rule. The division must update
101 information on petition forms daily and make the information
102 publicly available.
103 (11) An initiative petition form circulated for signature
104 may not be bundled with or attached to any other petition. Each
105 signature shall be dated when made and shall be valid until the
106 next February 1 occurring in an even-numbered year for the
107 purpose of appearing on the ballot for the general election
108 occurring in that same year for a period of 2 years following
109 such date, provided all other requirements of law are met. The
110 sponsor shall submit signed and dated forms to the supervisor of
111 elections for the county of residence listed by the person
112 signing the form for verification of the number of valid
113 signatures obtained. If a signature on a petition is from a
114 registered voter in another county, the supervisor shall notify
115 the petition sponsor of the misfiled petition. The supervisor
116 shall promptly verify the signatures within 30 days after
117 receipt of the petition forms and payment of a the fee for the
118 actual cost of signature verification incurred by the supervisor
119 required by s. 99.097. The Department of State shall adopt rules
120 to set the cost to verify a petition under this subsection and
121 update the cost annually. The supervisor shall promptly record,
122 in the manner prescribed by the Secretary of State, the date
123 each form is received by the supervisor, and the date the
124 signature on the form is verified as valid. The supervisor may
125 verify that the signature on a form is valid only if:
126 (a) The form contains the original signature of the
127 purported elector.
128 (b) The purported elector has accurately recorded on the
129 form the date on which he or she signed the form.
130 (c) The form sets forth the purported elector’s name,
131 address, city, county, and voter registration number or date of
132 birth.
133 (d) The purported elector is, at the time he or she signs
134 the form and at the time the form is verified, a duly qualified
135 and registered elector in the state.
136 (e) The signature was obtained legally, including that if a
137 paid petition circulator was used, the circulator was validly
138 registered under subsection (3) when the signature was obtained.
139
140 The supervisor shall retain the signature forms for at least 1
141 year following the election in which the issue appeared on the
142 ballot or until the Division of Elections notifies the
143 supervisors of elections that the committee that circulated the
144 petition is no longer seeking to obtain ballot position.
145 (13)(a) At the same time the Secretary of State submits an
146 initiative petition to the Attorney General, the President of
147 the Senate, and the Speaker of the House of Representatives
148 pursuant to s. 15.21, the secretary shall submit a copy of the
149 initiative petition to the Financial Impact Estimating
150 Conference. Within 75 days after receipt of a proposed revision
151 or amendment to the State Constitution by initiative petition
152 from the Secretary of State, the Financial Impact Estimating
153 Conference shall complete an analysis and financial impact
154 statement to be placed on the ballot of the estimated increase
155 or decrease in any revenues or costs to state or local
156 governments, estimated economic impact on the state and local
157 economy, and the overall impact to the state budget resulting
158 from the proposed initiative. The 75-day time limit is tolled
159 when the Legislature is in session. The Financial Impact
160 Estimating Conference shall submit the financial impact
161 statement to the Attorney General and Secretary of State.
162 (b) Immediately upon receipt of a proposed revision or
163 amendment from the Secretary of State, the coordinator of the
164 Office of Economic and Demographic Research shall contact the
165 person identified as the sponsor to request an official list of
166 all persons authorized to speak on behalf of the named sponsor
167 and, if there is one, the sponsoring organization at meetings
168 held by the Financial Impact Estimating Conference. All other
169 persons shall be deemed interested parties or proponents or
170 opponents of the initiative. The Financial Impact Estimating
171 Conference shall provide an opportunity for any representatives
172 of the sponsor, interested parties, proponents, or opponents of
173 the initiative to submit information and may solicit information
174 or analysis from any other entities or agencies, including the
175 Office of Economic and Demographic Research.
176 (c) All meetings of the Financial Impact Estimating
177 Conference shall be open to the public. The President of the
178 Senate and the Speaker of the House of Representatives, jointly,
179 shall be the sole judge for the interpretation, implementation,
180 and enforcement of this subsection.
181 1. The Financial Impact Estimating Conference is
182 established to review, analyze, and estimate the financial
183 impact of amendments to or revisions of the State Constitution
184 proposed by initiative. The Financial Impact Estimating
185 Conference shall consist of four principals: one person from the
186 Executive Office of the Governor; the coordinator of the Office
187 of Economic and Demographic Research, or his or her designee;
188 one person from the professional staff of the Senate; and one
189 person from the professional staff of the House of
190 Representatives. Each principal shall have appropriate fiscal
191 expertise in the subject matter of the initiative. A Financial
192 Impact Estimating Conference may be appointed for each
193 initiative.
194 2. Principals of the Financial Impact Estimating Conference
195 shall reach a consensus or majority concurrence on a clear and
196 unambiguous financial impact statement, no more than 150 words
197 in length, and immediately submit the statement to the Attorney
198 General. Nothing in this subsection prohibits the Financial
199 Impact Estimating Conference from setting forth a range of
200 potential impacts in the financial impact statement. Any
201 financial impact statement that a court finds not to be in
202 accordance with this section shall be remanded solely to the
203 Financial Impact Estimating Conference for redrafting. The
204 Financial Impact Estimating Conference shall redraft the
205 financial impact statement within 15 days.
206 3. If the members of the Financial Impact Estimating
207 Conference are unable to agree on the statement required by this
208 subsection, or if the Supreme Court has rejected the initial
209 submission by the Financial Impact Estimating Conference and no
210 redraft has been approved by the Supreme Court by 5 p.m. on the
211 75th day before the election, the following statement shall
212 appear on the ballot pursuant to s. 101.161(1): “The financial
213 impact of this measure, if any, has not been cannot be
214 reasonably determined at this time.”
215 (d) The financial impact statement must be separately
216 contained and be set forth after the ballot summary as required
217 in s. 101.161(1).
218 1. If the financial impact statement projects a net
219 estimates increased costs, decreased revenues, a negative impact
220 on the state budget or local economy, or an indeterminate impact
221 for any of these areas, the ballot must include the a statement
222 required by s. 101.161(1)(d) indicating such estimated effect in
223 bold font.
224 2. If the financial impact statement estimates an
225 indeterminate financial impact, the ballot must include the
226 statement required by s. 101.161(1)(e).
227 3. If the members of the Financial Impact Estimating
228 Conference are unable to agree on the statement required by this
229 subsection, the ballot must include the statement required by s.
230 101.161(1)(f).
231 (e)1. Any financial impact statement that the Supreme Court
232 finds not to be in accordance with this subsection shall be
233 remanded solely to the Financial Impact Estimating Conference
234 for redrafting, provided the court’s advisory opinion is
235 rendered at least 75 days before the election at which the
236 question of ratifying the amendment will be presented. The
237 Financial Impact Estimating Conference shall prepare and adopt a
238 revised financial impact statement no later than 5 p.m. on the
239 15th day after the date of the court’s opinion.
240 2. If, by 5 p.m. on the 75th day before the election, the
241 Supreme Court has not issued an advisory opinion on the initial
242 financial impact statement prepared by the Financial Impact
243 Estimating Conference for an initiative amendment that otherwise
244 meets the legal requirements for ballot placement, the financial
245 impact statement shall be deemed approved for placement on the
246 ballot.
247 3. In addition to the financial impact statement required
248 by this subsection, the Financial Impact Estimating Conference
249 shall draft an initiative financial information statement. The
250 initiative financial information statement should describe in
251 greater detail than the financial impact statement any projected
252 increase or decrease in revenues or costs that the state or
253 local governments would likely experience and the estimated
254 economic impact on the state and local economy if the ballot
255 measure were approved. If appropriate, the initiative financial
256 information statement may include both estimated dollar amounts
257 and a description placing the estimated dollar amounts into
258 context. The initiative financial information statement must
259 include both a summary of not more than 500 words and additional
260 detailed information that includes the assumptions that were
261 made to develop the financial impacts, workpapers, and any other
262 information deemed relevant by the Financial Impact Estimating
263 Conference.
264 4. The Department of State shall have printed, and shall
265 furnish to each supervisor of elections, a copy of the summary
266 from the initiative financial information statements. The
267 supervisors shall have the summary from the initiative financial
268 information statements available at each polling place and at
269 the main office of the supervisor of elections upon request.
270 5. The Secretary of State and the Office of Economic and
271 Demographic Research shall make available on the Internet each
272 initiative financial information statement in its entirety. In
273 addition, each supervisor of elections whose office has a
274 website shall post the summary from each initiative financial
275 information statement on the website. Each supervisor shall
276 include a copy of each summary from the initiative financial
277 information statements and the Internet addresses for the
278 information statements on the Secretary of State’s and the
279 Office of Economic and Demographic Research’s websites in the
280 publication or mailing required by s. 101.20.
281 (f) When the Secretary of State submits a proposed
282 initiative petition to the President of the Senate and the
283 Speaker of the House of Representatives pursuant to s. 15.21,
284 the President of the Senate and the Speaker of the House of
285 Representatives may direct legislative staff to prepare an
286 analysis of the petition. Such analysis may include, but is not
287 limited to, whether the amendment has undefined terms, conflicts
288 with an existing provision of the State Constitution, or will
289 cause unintended consequences or economic impacts.
290 Section 4. Subsection (1) of section 101.161, Florida
291 Statutes, is amended to read:
292 101.161 Referenda; ballots.—
293 (1) Whenever a constitutional amendment or other public
294 measure is submitted to the vote of the people, a ballot summary
295 of such amendment or other public measure shall be printed in
296 clear and unambiguous language on the ballot after the list of
297 candidates, followed by the word “yes” and also by the word
298 “no,” and shall be styled in such a manner that a “yes” vote
299 will indicate approval of the proposal and a “no” vote will
300 indicate rejection. The ballot summary of the amendment or other
301 public measure and the ballot title to appear on the ballot
302 shall be embodied in the constitutional revision commission
303 proposal, constitutional convention proposal, taxation and
304 budget reform commission proposal, or enabling resolution or
305 ordinance. The ballot summary of the amendment or other public
306 measure shall be an explanatory statement, not exceeding 75
307 words in length, of the chief purpose of the measure. In
308 addition, for every constitutional amendment proposed by
309 initiative, the ballot shall include, following the ballot
310 summary, in the following order:
311 (a) The name of the initiative’s sponsor and the percentage
312 of total contributions obtained by the sponsor from in-state
313 persons. For purposes of this subparagraph, “person” has the
314 same meaning as provided in s. 106.011(14), except that the term
315 does not include a political party, an affiliated party
316 committee, or a political committee.
317 (b) Whether out-of-state petition circulators were used to
318 obtain signatures for ballot placement.
319 (c) A separate financial impact statement concerning the
320 measure prepared by the Financial Impact Estimating Conference
321 in accordance with s. 100.371(13) s. 100.371(5).
322 (d) If the financial impact statement projects a net
323 negative impact on the state budget, the following statement in
324 bold print:
325
326 THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO
327 HAVE A NET NEGATIVE IMPACT ON THE STATE BUDGET. THIS
328 IMPACT MAY RESULT IN HIGHER TAXES OR A LOSS OF
329 GOVERNMENT SERVICES IN ORDER TO MAINTAIN A BALANCED
330 STATE BUDGET AS REQUIRED BY THE CONSTITUTION.
331
332 (e) If the financial impact statement is indeterminate, the
333 following statement in bold print:
334
335 THE FINANCIAL IMPACT OF THIS AMENDMENT CANNOT BE
336 DETERMINED DUE TO AMBIGUITIES AND UNCERTAINTIES
337 SURROUNDING THE AMENDMENT’S IMPACT.
338
339 (f) If the members of the Financial Impact Estimating
340 Conference are unable to agree on the financial impact
341 statement, the following statement in bold print:
342
343 THE FINANCIAL IMPACT ESTIMATING CONFERENCE WAS UNABLE
344 TO AGREE ON THE FINANCIAL IMPACT OF THIS PROPOSED
345 CONSTITUTIONAL AMENDMENT. THIS AMENDMENT MAY RESULT IN
346 HIGHER TAXES OR A LOSS OF GOVERNMENT SERVICES IN ORDER
347 TO MAINTAIN A BALANCED STATE BUDGET AS REQUIRED BY THE
348 CONSTITUTION.
349
350 The ballot title shall consist of a caption, not exceeding 15
351 words in length, by which the measure is commonly referred to or
352 spoken of. This subsection does not apply to constitutional
353 amendments or revisions proposed by joint resolution.
354 Section 5. Section 101.171, Florida Statutes, is amended to
355 read:
356 101.171 Copy of constitutional amendment to be available at
357 voting locations.—Whenever any amendment to the State
358 Constitution is to be voted upon at any election, the Department
359 of State shall have printed and shall furnish to each supervisor
360 of elections a sufficient number of copies of the amendment
361 either in poster or booklet form, and the supervisor shall
362 provide have a copy in thereof conspicuously posted or available
363 at each voting booth polling room or early voting area upon the
364 day of election.
365 Section 6. Paragraph (a) of subsection (4) of section
366 106.07, Florida Statutes, is amended to read:
367 106.07 Reports; certification and filing.—
368 (4)(a) Except for daily reports, to which only the
369 contributions provisions below apply, and except as provided in
370 paragraph (b), each report required by this section must
371 contain:
372 1. The full name, address, and occupation, if any, of each
373 person who has made one or more contributions to or for such
374 committee or candidate within the reporting period, together
375 with the amount and date of such contributions. For
376 corporations, the report must provide as clear a description as
377 practicable of the principal type of business conducted by the
378 corporation. However, if the contribution is $100 or less or is
379 from a relative, as defined in s. 112.312, provided that the
380 relationship is reported, the occupation of the contributor or
381 the principal type of business need not be listed.
382 2. The name and address of each political committee from
383 which the reporting committee or the candidate received, or to
384 which the reporting committee or candidate made, any transfer of
385 funds, together with the amounts and dates of all transfers.
386 3. Each loan for campaign purposes to or from any person or
387 political committee within the reporting period, together with
388 the full names, addresses, and occupations, and principal places
389 of business, if any, of the lender and endorsers, if any, and
390 the date and amount of such loans.
391 4. A statement of each contribution, rebate, refund, or
392 other receipt not otherwise listed under subparagraphs 1.
393 through 3.
394 5. The total sums of all loans, in-kind contributions, and
395 other receipts by or for such committee or candidate during the
396 reporting period. The reporting forms shall be designed to
397 elicit separate totals for in-kind contributions, loans, and
398 other receipts.
399 6. The full name and address of each person to whom
400 expenditures have been made by or on behalf of the committee or
401 candidate within the reporting period; the amount, date, and
402 purpose of each such expenditure; and the name and address of,
403 and office sought by, each candidate on whose behalf such
404 expenditure was made. However, expenditures made from the petty
405 cash fund provided by s. 106.12 need not be reported
406 individually.
407 7. The full name and address of each person to whom an
408 expenditure for personal services, salary, or reimbursement for
409 authorized expenses as provided in s. 106.021(3) has been made
410 and which is not otherwise reported, including the amount, date,
411 and purpose of such expenditure. However, expenditures made from
412 the petty cash fund provided for in s. 106.12 need not be
413 reported individually. Receipts for reimbursement for authorized
414 expenditures shall be retained by the treasurer along with the
415 records for the campaign account.
416 8. The total amount withdrawn and the total amount spent
417 for petty cash purposes pursuant to this chapter during the
418 reporting period.
419 9. The total sum of expenditures made by such committee or
420 candidate during the reporting period.
421 10. The amount and nature of debts and obligations owed by
422 or to the committee or candidate, which relate to the conduct of
423 any political campaign.
424 11. Transaction information for each credit card purchase.
425 Receipts for each credit card purchase shall be retained by the
426 treasurer with the records for the campaign account.
427 12. The amount and nature of any separate interest-bearing
428 accounts or certificates of deposit and identification of the
429 financial institution in which such accounts or certificates of
430 deposit are located.
431 13. The primary purposes of an expenditure made indirectly
432 through a campaign treasurer pursuant to s. 106.021(3) for goods
433 and services such as communications media placement or
434 procurement services, campaign signs, insurance, and other
435 expenditures that include multiple components as part of the
436 expenditure. The primary purpose of an expenditure shall be that
437 purpose, including integral and directly related components,
438 that comprises 80 percent of such expenditure.
439 14. If filed by a political committee supporting an
440 initiative, the percentage of total contributions obtained
441 during the reporting period from in-state persons. For purposes
442 of this subparagraph, the term “person” has the same meaning as
443 provided in s. 106.011, except that the term does not include a
444 political party as provided in s. 103.091, an affiliated party
445 committee as provided in s. 103.092, or a political committee as
446 defined in s. 106.011.
447 Section 7. The provisions of this act apply to all
448 revisions or amendments to the State Constitution by initiative
449 that are proposed for the 2020 election ballot and each ballot
450 thereafter; provided, however, that nothing in this act affects
451 the validity of any petition form gathered before the effective
452 date of this act or any contract entered into before the
453 effective date of this act.
454 Section 8. If any provision of this act or its application
455 to any person or circumstance is held invalid for any reason,
456 the remaining portion of this act, to the fullest extent
457 possible, shall be severed from the void portion and given the
458 fullest possible force and application.
459 Section 9. This act shall take effect upon becoming a law.