HB 1521 2003
1	A bill to be entitled
2	An act relating to constitutional amendments proposed by
3	initiative; amending s. 15.21, F.S.; requiring supervisors
4	of elections to verify initiative petition signatures
5	within 30 days after submission, if feasible; encouraging
6	submission by September 1 of the year preceding the next
7	general election; amending s. 16.061, F.S.; requiring the
8	Attorney General to attach to each petition a motion
9	requesting that the Supreme Court complete its review
10	prior to the first Tuesday in March of the year that the
11	next general election is held, if feasible; amending s.
12	100.371, F.S.; reducing the period for which petition
13	signatures remain valid; requiring an attesting witness 18
14	years of age or older to each petition signature;
15	providing that a petition form is illegal if it doesn't
16	include the signature and address of the attesting
17	witness; requiring a printed warning of the penalty for
18	fraudulent signing; prohibiting giving or offering to give
19	anything of value in exchange for petition signatures;
20	providing penalties; requiring periodic submission and
21	prompt verification of elector signatures; encouraging the
22	Revenue Estimating Conference to complete its analysis and
23	fiscal impact statement no later than March 1 of the year
24	that the next general election is held, if feasible;
25	amending ss. 100.381, 101.161, and 216.136, F.S.;
26	conforming cross references; providing effective dates.
27
28	WHEREAS, additional procedural measures are necessary to
29	ensure ballot integrity for constitutional amendments proposed
30	by initiative, and
31	WHEREAS, timely and periodic submission of petition
32	signatures for constitutional amendments proposed by initiative
33	is necessary to ensure an orderly process for verification by
34	supervisors of elections and review by the Secretary of State,
35	the Attorney General, the Supreme Court, and the Revenue
36	Estimating Conference, and
37	WHEREAS, it is the intent of the Legislature by this act to
38	ensure expeditious and proper verification of such petition
39	signatures, NOW, THEREFORE,
40
41	Be It Enacted by the Legislature of the State of Florida:
42
43	Section 1. Section 15.21, Florida Statutes, is amended to
44	read:
45	15.21 Initiative petitions; s. 3, Art. XI, State
46	Constitution.--The Secretary of State shall immediately submit
47	an initiative petition to the Attorney General and to the
48	Revenue Estimating Conference if the sponsor has:
49	(1) Registered as a political committee pursuant to s.
50	106.03;
51	(2) Submitted the ballot title, substance, and text of the
52	proposed revision or amendment to the Secretary of State
53	pursuant to ss. 100.371 and 101.161; and
54	(3) Obtained a letter from the Division of Elections
55	confirming that the sponsor has submitted to the appropriate
56	supervisors for verification, and the supervisors have verified,
57	petitionforms signed and dated equal to 10 percent of the
58	number of electors statewide and in at least one-fourth of the
59	congressional districts required by s. 3, Art. XI of the State
60	Constitution. Such verification shall be completed within 30
61	days after submission of the forms by the sponsor, if feasible.
62	To facilitate timely review by the Revenue Estimating Conference
63	and the Supreme Court, sponsors are encouraged to submit the
64	signed petition forms to the supervisors of elections no later
65	than September 1 of the year preceding the next general
66	election.
67	Section 2. Section 16.061, Florida Statutes, is amended to
68	read:
69	16.061 Initiative petitions.--
70	(1) The Attorney General shall, within 30 days after
71	receipt of a proposed revision or amendment to the State
72	Constitution by initiative petition from the Secretary of State,
73	petition the Supreme Court, requesting an advisory opinion
74	regarding the compliance of the text of the proposed amendment
75	or revision with s. 3, Art. XI of the State Constitution and the
76	compliance of the proposed ballot title and substance with s.
77	101.161. The Attorney General shall attach to each petition a
78	motion requesting that the Supreme Court complete its review
79	prior to the first Tuesday in March of the year that the next
80	general election is held, if feasible.The petition may
81	enumerate any specific factual issues thatwhichthe Attorney
82	General believes would require a judicial determination.
83	(2) A copy of the petition shall be provided to the
84	Secretary of State and the principal officer of the sponsor.
85	Section 3. Effective July 1, 2003, section 16.061, Florida
86	Statutes, as amended by section 2 of chapter 2002-390, Laws of
87	Florida, is amended to read:
88	16.061 Proposed constitutional revisions or amendments.—
89	(1) The Attorney General shall, within 30 days after
90	receipt of a proposed revision or amendment to the State
91	Constitution by initiative petition from the Secretary of State,
92	petition the Supreme Court, requesting an advisory opinion
93	regarding the compliance of the text of the proposed amendment
94	or revision with s. 3, Art. XI of the State Constitution and the
95	compliance of the proposed ballot title and substance with s.
96	101.161 and the compliance of the fiscal impact statement with
97	ss. 100.371 and 101.161. The Attorney General shall attach to
98	each petition a motion requesting that the Supreme Court
99	complete its review prior to the first Tuesday in March of the
100	year that the next general election is held, if feasible.For
101	all other proposed revisions or amendments to the State
102	Constitution, the Attorney General shall, upon the Revenue
103	Estimating Conference finalizing the fiscal impact statement,
104	petition the Supreme Court requesting an advisory opinion
105	regarding compliance of the text of the fiscal impact statement
106	with ss. 100.371, 100.381, and 101.161. The petition may
107	enumerate any specific factual issues thatwhichthe Attorney
108	General believes would require a judicial determination.
109	(2) A copy of the petition shall be provided to the
110	Secretary of State and the principal officer of the sponsor.
111	(3) Any fiscal impact statement that the court finds not
112	to be in accordance with s. 100.371, s. 100.381, or s. 101.161
113	shall be remanded solely to the Revenue Estimating Conference
114	for redrafting.
115	Section 4. Section 100.371, Florida Statutes, is amended
116	to read:
117	100.371 Initiatives; procedure for placement on ballot.--
118	(1) Constitutional amendments proposed by initiative shall
119	be placed on the ballot for the general election occurring in
120	excess of 90 days from the certification of ballot position by
121	the Secretary of State.
122	(2) Such certification shall be issued when the Secretary
123	of State has received verification certificates from the
124	supervisors of elections indicating that the requisite number
125	and distribution of valid signatures of electors have been
126	submitted to and verified by the supervisors. Every signature
127	shall be dated when made and shall be valid for a period of 24
128	months4 years following thesuch date of signature
129	certification to the Secretary of State, provided all other
130	requirements of law are satisfiedcomplied with. For a signed
131	initiative petition to be counted, it must include the signature
132	and address of a witness 18 years of age or older affixed to the
133	petition form in conformance with the absentee ballot witness
134	requirement provided in the instruction sheet set forth in s.
135	101.65. A signed petition form shall be considered illegal if it
136	does not include the signature and address of an attesting
137	witness.
138	(3) The sponsor of an initiative amendment shall, prior to
139	obtaining any signatures, register as a political committee
140	pursuant to s. 106.03 and submit the text of the proposed
141	amendment to the Secretary of State, with the form on which the
142	signatures will be affixed, and shall obtain the approval of the
143	Secretary of State of such form. Each petition form shall
144	include a warning, in red ink and prominent type, regarding the
145	penalty for fraudulent signing pursuant to s. 104.185.The
146	Secretary of State shall adoptpromulgaterules pursuant to s.
147	120.54 prescribing the style and requirements of such form.
148	(4) Any signature gatherer who gives or offers to give
149	anything of value to a person in exchange for the person's
150	signature on a petition form commits a misdemeanor of the first
151	degree, punishable as provided in s. 775.082 or s. 775.083.
152	(5) Initiative sponsors shall submit collected signatures
153	to the appropriate supervisors of elections every 60 days after
154	10 percent of the required signatures have been verified
155	pursuant to s. 15.21(3). To further facilitate timely
156	verification of the requisite number and distribution of elector
157	signatures, petition sponsors are encouraged to submit the
158	signatures required by s. 3, Art. XI of the State Constitution
159	to the supervisors of elections for verification no later than
160	the third Friday in July of the year that the next general
161	election is held, if feasible.
162	(6)(4)The sponsor shall submit signed and dated forms to
163	the appropriate supervisor of elections for verification as to
164	the number of registered electors whose valid signatures appear
165	thereon. The supervisor shall promptly verify the signatures
166	upon payment of the fee required by s. 99.097. Such verification
167	shall be completed within 30 days, if feasible.Upon completion
168	of verification, the supervisor shall execute a certificate
169	indicating the total number of signatures checked, the number of
170	signatures verified as valid and as being of registered
171	electors, and the distribution by congressional district. This
172	certificate shall be immediately transmitted to the Secretary of
173	State, who shall act pursuant to s. 15.21. The supervisor shall
174	retain the signature forms for at least 1 year following the
175	election in which the issue appeared on the ballot or until the
176	Division of Elections notifies the supervisors of elections that
177	the committee which circulated the petition is no longer seeking
178	to obtain ballot position.
179	(7)(5)The Secretary of State shall determine from the
180	verification certificates received from supervisors of elections
181	the total number of verified valid signatures and the
182	distribution of such signatures by congressional districts. Upon
183	a determination that the requisite number and distribution of
184	valid signatures have been obtained, the secretary shall issue a
185	certificate of ballot position for that proposed amendment and
186	shall assign a designating number pursuant to s. 101.161. A
187	petition shall be deemed to be filed with the Secretary of State
188	upon the date of the receipt by the secretary of a certificate
189	or certificates from supervisors of elections indicating the
190	petition has been signed by the constitutionally required number
191	of electors.
192	(8)(6)(a) Within 45 days after receipt of a proposed
193	revision or amendment to the State Constitution by initiative
194	petition from the Secretary of State or, for any initiative
195	approved by the Florida Supreme Court for the general election
196	ballot for 2002, within 45 days after the effective date of this
197	subsection, whichever occurs later, the Revenue Estimating
198	Conference shall complete an analysis and fiscal impact
199	statement to be placed on the ballot of the estimated increase
200	or decrease in any revenues or costs to state or local
201	governments resulting from the proposed initiative. To ensure
202	ballot integrity, the Revenue Estimating Conference is
203	encouraged to complete its analysis and fiscal impact statement
204	no later than March 1 of the year that the next general election
205	is held, if feasible.The Revenue Estimating Conference shall
206	provide an opportunity for any proponents or opponents of the
207	initiative to submit information and may solicit information or
208	analysis from any other entities or agencies, including the
209	Office of Economic and Demographic Research.
210	(b)1. Members of the Revenue Estimating Conference shall
211	reach a consensus or majority concurrence on a clear and
212	unambiguous fiscal impact statement, no more than 50 words in
213	length. Nothing in this subsection prohibits the Revenue
214	Estimating Conference from setting forth a range of potential
215	impacts in the fiscal impact statement. Any fiscal impact
216	statement that a court finds not to be in accordance with this
217	section, s. 100.381, or s. 101.161 shall be remanded solely to
218	the Revenue Estimating Conference for redrafting. The Revenue
219	Estimating Conference shall redraft the fiscal impact statement
220	within 15 days.
221	2. If the members of the Revenue Estimating Conference are
222	unable to agree on the statement required by this subsection,
223	the following statement shall appear on the ballot pursuant to
224	s. 101.161(1): "The fiscal impact of this measure, if any,
225	cannot be reasonably determined at this time."
226	(c) The fiscal impact statement must be separately
227	contained and be set forth after the ballot summary as required
228	in s. 101.161(1).
229	(9)(7)The Department of State may adopt rules in
230	accordance with s. 120.54 to carry out the provisions of
231	subsections (1)-(7)(1)-(5) of this section.
232	Section 5. Section 100.381, Florida Statutes, is amended
233	to read:
234	100.381 Constitutional amendments or revisions other than
235	initiatives; fiscal impact statement.--For any amendment or
236	revision proposed pursuant to Art. XI of the State Constitution
237	other than an initiative, the Revenue Estimating Conference
238	shall prepare a fiscal impact statement as provided in s.
239	100.371(8)(6)no later than 80 days before the election on the
240	proposed amendment or revision. The fiscal impact statement must
241	be separately contained and be set forth after the ballot
242	summary as required in s. 101.161(1).
243	Section 6. Subsection (1) of section 101.161, Florida
244	Statutes, is amended to read:
245	101.161 Referenda; ballots.--
246	(1) Whenever a constitutional amendment or other public
247	measure is submitted to the vote of the people, the substance of
248	such amendment or other public measure shall be printed in clear
249	and unambiguous language on the ballot after the list of
250	candidates, followed by the word "yes" and also by the word
251	"no," and shall be styled in such a manner that a "yes" vote
252	will indicate approval of the proposal and a "no" vote will
253	indicate rejection. The wording of the substance of the
254	amendment or other public measure and the ballot title to appear
255	on the ballot shall be embodied in the joint resolution,
256	constitutional revision commission proposal, constitutional
257	convention proposal, taxation and budget reform commission
258	proposal, or enabling resolution or ordinance. Except for
259	amendments and ballot language proposed by joint resolution, the
260	substance of the amendment or other public measure shall be an
261	explanatory statement, not exceeding 75 words in length, of the
262	chief purpose of the measure. In addition, the ballot shall
263	include a separate fiscal impact statement concerning the
264	measure prepared by the Revenue Estimating Conference in
265	accordance with s. 100.371(8)(6)or s. 100.381. The ballot title
266	shall consist of a caption, not exceeding 15 words in length, by
267	which the measure is commonly referred to or spoken of.
268	Section 7. Paragraph (a) of subsection (3) of section
269	216.136, Florida Statutes, is amended to read:
270	216.136 Consensus estimating conferences; duties and
271	principals.--
272	(3) REVENUE ESTIMATING CONFERENCE.--
273	(a) Duties.--The Revenue Estimating Conference shall
274	develop such official information with respect to anticipated
275	state and local government revenues as the conference determines
276	is needed for the state planning and budgeting system. Any
277	principal may request the conference to review and estimate
278	revenues for any trust fund. Also, the conference shall prepare
279	fiscal impact statements for constitutional amendments pursuant
280	to s. 100.371(8)(6).
281	Section 8. Except as otherwise provided herein, this act
282	shall take effect upon becoming a law.