Senate Bill sb2644

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    Florida Senate - 2003                                  SB 2644

    By Senator Cowin





    20-472A-03

  1                      A bill to be entitled

  2         An act relating to constitutional amendments

  3         proposed by initiative; amending s. 15.21,

  4         F.S.; encouraging submission of signed

  5         petitions by September 1 of the year preceding

  6         the next general election; amending s. 16.061,

  7         F.S.; requiring the Attorney General to attach

  8         to each petition a motion requesting that the

  9         Supreme Court complete its review prior to the

10         first Tuesday in March of the year that the

11         next general election is held, if feasible;

12         amending s. 100.371, F.S.; reducing the period

13         for which petition signatures remain valid;

14         requiring a printed statement of the penalty

15         for fraudulent signing; prohibiting giving or

16         offering to give any pecuniary benefit in

17         exchange for petition signatures; providing

18         penalties; requiring periodic submission and

19         prompt verification of elector signatures;

20         encouraging the Revenue Estimating Conference

21         to complete its analysis and fiscal impact

22         statement no later than March 1 of the year

23         that the next general election is held, if

24         feasible; amending ss. 100.381, 101.161, and

25         216.136, F.S.; conforming cross-references;

26         providing effective dates.

27  

28         WHEREAS, additional procedural measures are necessary

29  to ensure ballot integrity for constitutional amendments

30  proposed by initiative, and

31  

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    Florida Senate - 2003                                  SB 2644
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 1         WHEREAS, timely and periodic submission of petition

 2  signatures for constitutional amendments proposed by

 3  initiative is necessary to ensure an orderly process for

 4  verification by supervisors of elections and review by the

 5  Secretary of State, the Attorney General, the Supreme Court,

 6  and the Revenue Estimating Conference, and

 7         WHEREAS, it is the intent of the Legislature by this

 8  act to ensure expeditious and proper verification of such

 9  petition signatures, NOW, THEREFORE,

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Section 15.21, Florida Statutes, is amended

14  to read:

15         15.21  Initiative petitions; s. 3, Art. XI, State

16  Constitution.--The Secretary of State shall immediately submit

17  an initiative petition to the Attorney General and to the

18  Revenue Estimating Conference if the sponsor has:

19         (1)  Registered as a political committee pursuant to s.

20  106.03;

21         (2)  Submitted the ballot title, substance, and text of

22  the proposed revision or amendment to the Secretary of State

23  pursuant to ss. 100.371 and 101.161; and

24         (3)(a)  Obtained a letter from the Division of

25  Elections confirming that the sponsor has submitted to the

26  appropriate supervisors for verification, and the supervisors

27  have verified, petition forms signed and dated equal to 10

28  percent of the number of electors statewide and in at least

29  one-fourth of the congressional districts required by s. 3,

30  Art. XI of the State Constitution.

31  

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    Florida Senate - 2003                                  SB 2644
    20-472A-03




 1         (b)  To facilitate timely review by the Revenue

 2  Estimating Conference and the Supreme Court, sponsors are

 3  encouraged to submit the signed petition forms to the

 4  supervisors of elections no later than September 1 of the year

 5  preceding the next general election.

 6         Section 2.  Section 16.061, Florida Statutes, is

 7  amended to read:

 8         16.061  Initiative petitions.--

 9         (1)  The Attorney General shall, within 30 days after

10  receipt of a proposed revision or amendment to the State

11  Constitution by initiative petition from the Secretary of

12  State, petition the Supreme Court, requesting an advisory

13  opinion regarding the compliance of the text of the proposed

14  amendment or revision with s. 3, Art. XI of the State

15  Constitution and the compliance of the proposed ballot title

16  and substance with s. 101.161. The Attorney General shall

17  attach to each petition a motion requesting that the Supreme

18  Court complete its review prior to the first Tuesday in March

19  of the year that the next general election is held, if

20  feasible. The petition may enumerate any specific factual

21  issues that which the Attorney General believes would require

22  a judicial determination.

23         (2)  A copy of the petition shall be provided to the

24  Secretary of State and the principal officer of the sponsor.

25         Section 3.  Effective July 1, 2003, section 16.061,

26  Florida Statutes, as amended by section 2 of chapter 2002-390,

27  Laws of Florida, is amended to read:

28         16.061  Proposed constitutional revisions or

29  amendments.--

30         (1)  The Attorney General shall, within 30 days after

31  receipt of a proposed revision or amendment to the State

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    Florida Senate - 2003                                  SB 2644
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 1  Constitution by initiative petition from the Secretary of

 2  State, petition the Supreme Court, requesting an advisory

 3  opinion regarding the compliance of the text of the proposed

 4  amendment or revision with s. 3, Art. XI of the State

 5  Constitution and the compliance of the proposed ballot title

 6  and substance with s. 101.161 and the compliance of the fiscal

 7  impact statement with ss. 100.371 and 101.161. The Attorney

 8  General shall attach to each petition a motion requesting that

 9  the Supreme Court complete its review prior to the first

10  Tuesday in March of the year that the next general election is

11  held, if feasible. For all other proposed revisions or

12  amendments to the State Constitution, the Attorney General

13  shall, upon the Revenue Estimating Conference finalizing the

14  fiscal impact statement, petition the Supreme Court requesting

15  an advisory opinion regarding compliance of the text of the

16  fiscal impact statement with ss. 100.371, 100.381, and

17  101.161. The petition may enumerate any specific factual

18  issues that which the Attorney General believes would require

19  a judicial determination.

20         (2)  A copy of the petition shall be provided to the

21  Secretary of State and the principal officer of the sponsor.

22         (3)  Any fiscal impact statement that the court finds

23  not to be in accordance with s. 100.371, s. 100.381, or s.

24  101.161 shall be remanded solely to the Revenue Estimating

25  Conference for redrafting.

26         Section 4.  Section 100.371, Florida Statutes, is

27  amended to read:

28         100.371  Initiatives; procedure for placement on

29  ballot.--

30         (1)  Constitutional amendments proposed by initiative

31  shall be placed on the ballot for the general election

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    Florida Senate - 2003                                  SB 2644
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 1  occurring in excess of 90 days from the certification of

 2  ballot position by the Secretary of State.

 3         (2)  Such certification shall be issued when the

 4  Secretary of State has received verification certificates from

 5  the supervisors of elections indicating that the requisite

 6  number and distribution of valid signatures of electors have

 7  been submitted to and verified by the supervisors. Every

 8  signature shall be dated when made and shall be valid for a

 9  period of 24 months 4 years following the such date of

10  signature certification to the Secretary of State, provided

11  all other requirements of law are satisfied complied with.

12         (3)  The sponsor of an initiative amendment shall,

13  prior to obtaining any signatures, register as a political

14  committee pursuant to s. 106.03 and submit the text of the

15  proposed amendment to the Secretary of State, with the form on

16  which the signatures will be affixed, and shall obtain the

17  approval of the Secretary of State of such form. Each petition

18  form shall include a conspicuous statement in red ink

19  identifying the prohibitions and penalties for fraudulent

20  signing pursuant to s. 104.185. The Secretary of State shall

21  adopt promulgate rules pursuant to s. 120.54 prescribing the

22  style and requirements of such form.

23         (4)  Any signature gatherer who provides a pecuniary or

24  other benefit to a person in exchange for the person's

25  signature on a petition form commits a misdemeanor of the

26  first degree, punishable as provided in s. 775.082 or s.

27  775.083.

28         (5)  Initiative sponsors shall submit collected

29  signatures to the appropriate supervisors of elections every

30  60 days after 10 percent of the required signatures have been

31  verified pursuant to s. 15.21(3). To further facilitate timely

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    Florida Senate - 2003                                  SB 2644
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 1  verification of the requisite number and distribution of

 2  elector signatures, petition sponsors are encouraged to submit

 3  the signatures required by s. 3, Art. XI of the State

 4  Constitution to the supervisors of elections for verification

 5  no later than the third Friday in July of the year that the

 6  next general election is held.

 7         (6)(4)  The sponsor shall submit signed and dated forms

 8  to the appropriate supervisor of elections for verification as

 9  to the number of registered electors whose valid signatures

10  appear thereon. The supervisor shall promptly verify the

11  signatures upon payment of the fee required by s. 99.097. Such

12  verification shall be completed within 30 days. Upon

13  completion of verification, the supervisor shall execute a

14  certificate indicating the total number of signatures checked,

15  the number of signatures verified as valid and as being of

16  registered electors, and the distribution by congressional

17  district. This certificate shall be immediately transmitted to

18  the Secretary of State, who shall act pursuant to s. 15.21.

19  The supervisor shall retain the signature forms for at least 1

20  year following the election in which the issue appeared on the

21  ballot or until the Division of Elections notifies the

22  supervisors of elections that the committee which circulated

23  the petition is no longer seeking to obtain ballot position.

24         (7)(5)  The Secretary of State shall determine from the

25  verification certificates received from supervisors of

26  elections the total number of verified valid signatures and

27  the distribution of such signatures by congressional

28  districts. Upon a determination that the requisite number and

29  distribution of valid signatures have been obtained, the

30  secretary shall issue a certificate of ballot position for

31  that proposed amendment and shall assign a designating number

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    Florida Senate - 2003                                  SB 2644
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 1  pursuant to s. 101.161. A petition shall be deemed to be filed

 2  with the Secretary of State upon the date of the receipt by

 3  the secretary of a certificate or certificates from

 4  supervisors of elections indicating the petition has been

 5  signed by the constitutionally required number of electors.

 6         (8)(6)(a)  Within 45 days after receipt of a proposed

 7  revision or amendment to the State Constitution by initiative

 8  petition from the Secretary of State or, for any initiative

 9  approved by the Florida Supreme Court for the general election

10  ballot for 2002, within 45 days after the effective date of

11  this subsection, whichever occurs later, the Revenue

12  Estimating Conference shall complete an analysis and fiscal

13  impact statement to be placed on the ballot of the estimated

14  increase or decrease in any revenues or costs to state or

15  local governments resulting from the proposed initiative. To

16  ensure ballot integrity, the Revenue Estimating Conference is

17  encouraged to complete its analysis and fiscal impact

18  statement no later than March 1 of the year that the next

19  general election is held, unless meeting such deadline is not

20  feasible. The Revenue Estimating Conference shall provide an

21  opportunity for any proponents or opponents of the initiative

22  to submit information and may solicit information or analysis

23  from any other entities or agencies, including the Office of

24  Economic and Demographic Research.

25         (b)1.  Members of the Revenue Estimating Conference

26  shall reach a consensus or majority concurrence on a clear and

27  unambiguous fiscal impact statement, no more than 50 words in

28  length. Nothing in this subsection prohibits the Revenue

29  Estimating Conference from setting forth a range of potential

30  impacts in the fiscal impact statement. Any fiscal impact

31  statement that a court finds not to be in accordance with this

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    Florida Senate - 2003                                  SB 2644
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 1  section, s. 100.381, or s. 101.161 shall be remanded solely to

 2  the Revenue Estimating Conference for redrafting. The Revenue

 3  Estimating Conference shall redraft the fiscal impact

 4  statement within 15 days.

 5         2.  If the members of the Revenue Estimating Conference

 6  are unable to agree on the statement required by this

 7  subsection, the following statement shall appear on the ballot

 8  pursuant to s. 101.161(1): "The fiscal impact of this measure,

 9  if any, cannot be reasonably determined at this time."

10         (c)  The fiscal impact statement must be separately

11  contained and be set forth after the ballot summary as

12  required in s. 101.161(1).

13         (9)(7)  The Department of State may adopt rules in

14  accordance with s. 120.54 to carry out the provisions of

15  subsections (1)-(7) (1)-(5) of this section.

16         Section 5.  Section 100.381, Florida Statutes, is

17  amended to read:

18         100.381  Constitutional amendments or revisions other

19  than initiatives; fiscal impact statement.--For any amendment

20  or revision proposed pursuant to Art. XI of the State

21  Constitution other than an initiative, the Revenue Estimating

22  Conference shall prepare a fiscal impact statement as provided

23  in s. 100.371(8) (6) no later than 80 days before the election

24  on the proposed amendment or revision. The fiscal impact

25  statement must be separately contained and be set forth after

26  the ballot summary as required in s. 101.161(1).

27         Section 6.  Subsection (1) of section 101.161, Florida

28  Statutes, is amended to read:

29         101.161  Referenda; ballots.--

30         (1)  Whenever a constitutional amendment or other

31  public measure is submitted to the vote of the people, the

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    Florida Senate - 2003                                  SB 2644
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 1  substance of such amendment or other public measure shall be

 2  printed in clear and unambiguous language on the ballot after

 3  the list of candidates, followed by the word "yes" and also by

 4  the word "no," and shall be styled in such a manner that a

 5  "yes" vote will indicate approval of the proposal and a "no"

 6  vote will indicate rejection. The wording of the substance of

 7  the amendment or other public measure and the ballot title to

 8  appear on the ballot shall be embodied in the joint

 9  resolution, constitutional revision commission proposal,

10  constitutional convention proposal, taxation and budget reform

11  commission proposal, or enabling resolution or ordinance.

12  Except for amendments and ballot language proposed by joint

13  resolution, the substance of the amendment or other public

14  measure shall be an explanatory statement, not exceeding 75

15  words in length, of the chief purpose of the measure. In

16  addition, the ballot shall include a separate fiscal impact

17  statement concerning the measure prepared by the Revenue

18  Estimating Conference in accordance with s. 100.371(8)(6) or

19  s. 100.381. The ballot title shall consist of a caption, not

20  exceeding 15 words in length, by which the measure is commonly

21  referred to or spoken of.

22         Section 7.  Paragraph (a) of subsection (3) of section

23  216.136, Florida Statutes, is amended to read:

24         216.136  Consensus estimating conferences; duties and

25  principals.--

26         (3)  REVENUE ESTIMATING CONFERENCE.--

27         (a)  Duties.--The Revenue Estimating Conference shall

28  develop such official information with respect to anticipated

29  state and local government revenues as the conference

30  determines is needed for the state planning and budgeting

31  system. Any principal may request the conference to review and

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    Florida Senate - 2003                                  SB 2644
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 1  estimate revenues for any trust fund. Also, the conference

 2  shall prepare fiscal impact statements for constitutional

 3  amendments pursuant to s. 100.371(8)(6).

 4         Section 8.  Except as otherwise expressly provided in

 5  this act, this act shall take effect upon becoming a law.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Revises requirements for collecting and submitting
      initiative petitions for proposing an amendment to the
10    State Constitution. Provides for the Attorney General to
      request that the Supreme Court complete its review of the
11    petition before the first Tuesday in March of the year
      the petition is placed on the ballot. Revises
12    requirements for collecting signatures. (See bill for
      details.)
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