HB 1471

1	A bill to be entitled
2	An act relating to initiative and referenda; amending s.
3	15.21, F.S.; revising requirements relating to initiative
4	petitions; amending s. 16.061, F.S.; revising duties of
5	the Attorney General relating to initiative petitions;
6	amending s. 99.097, F.S.; providing for certain petitions
7	and petition revocations to be verified by a certain
8	method; requiring certain provisions to be satisfied
9	before a signature on a petition may be counted; revising
10	requirements by which supervisors of elections must submit
11	certain signatures to the Chief Financial Officer;
12	prohibiting compensation to any paid petition circulator
13	in certain circumstances; providing for waiver of
14	verification fees; providing the procedure to contest and
15	resolve the alleged improper verification of certain
16	signatures; amending s. 100.371, F.S.; revising
17	requirements for placement of constitutional amendments
18	proposed by initiative on the ballot for the general
19	election; providing limitations on when the Secretary of
20	State shall issue the certification of ballot position and
21	approval of initiative amendment forms; revising and
22	providing rulemaking authority; providing limitations on
23	the contents of a petition form; establishing compliance
24	criteria for petition forms; providing an elector's right;
25	providing notices that must be contained in each petition
26	form; providing for revocation of an elector's signature;
27	revising the duties of supervisors of elections; providing
28	for the financial impact of initiatives on the private and
29	public sectors of the state to be placed on the ballot;
30	revising requirements relating to the Financial Impact
31	Estimating Conference and financial impact statements;
32	creating s. 100.372, F.S.; providing for the regulation of
33	initiative petition circulators; providing definitions;
34	providing qualification requirements; providing
35	requirements for the practice of paid petition
36	circulation; creating s. 101.162, F.S.; providing ballot
37	summary and ballot title requirements for proposed
38	constitutional amendments and referenda; creating s.
39	101.163, F.S.; establishing the Commission on Statewide
40	Ballot Issues; requiring proposed constitutional
41	amendments and certain statewide issues to be supplied to
42	the commission for review and recommendation; providing
43	for membership qualifications, terms, and pay; providing
44	for nomination and appointment of members; requiring the
45	Division of Elections to provide professional and
46	administrative support; authorizing the Attorney General
47	to participate as intervenor in commission proceedings;
48	providing for the Secretary of State's determination and
49	adoption of ballot language recommended by the commission;
50	providing procedure for determining ballot language;
51	creating s. 101.164, F.S.; providing ballot title and
52	statement requirements for certain local issues; creating
53	s. 101.165, F.S.; providing ballot statement requirements
54	for local questions determining the judicial selection
55	method; creating s. 101.166, F.S.; requiring the Division
56	of Elections to adopt rules governing the numbering and
57	placement of certain ballot issues; amending s. 101.62,
58	F.S.; correcting a cross reference; amending s. 104.185,
59	F.S.; revising and providing violations involving
60	petitions and providing penalties therefor; amending s.
61	104.42, F.S.; revising provisions relating to unlawful
62	registrations, petitions, petition revocations, and voting
63	and the investigation of such matters; requiring
64	documentation and reporting thereof to the Attorney
65	General and the Department of Law Enforcement within a
66	specified time period; requiring the Department of Law
67	Enforcement to file a certain report with the President of
68	the Senate and the Speaker of the House of
69	Representatives; amending ss. 125.82, 212.055, and
70	1011.73, F.S.; correcting cross references; providing for
71	the validity of certain petition signatures gathered
72	before the effective date of the act; requiring previously
73	approved petition forms to be resubmitted for approval in
74	accordance with the requirements of the act; repealing s.
75	101.161, F.S., relating to referenda and ballots;
76	repealing s. 106.191, F.S., relating to signatures
77	gathered for initiative petition; providing an effective
78	date.
79
80	Be It Enacted by the Legislature of the State of Florida:
81
82	Section 1.  Section 15.21, Florida Statutes, is amended to
83	read:
84	15.21  Initiative petitions; s. 3, Art. XI, State
85	Constitution.--The Secretary of State shall immediately submit
86	an initiative petition to the Attorney General and to the
87	Financial Impact Estimating Conference if the sponsor has:
88	(1)  Registered as a political committee pursuant to s.
89	106.03.;
90	(2)  Submitted the ballot title, substance, and text of the
91	proposed revision or amendment to the Secretary of State
92	pursuant to s. ss. 100.371 and 101.161; and
93	(3)  Obtained a letter from the Division of Elections
94	confirming that the sponsor has submitted to the appropriate
95	supervisors for verification, and the supervisors have verified,
96	forms signed and dated equal to 10 percent of the number of
97	electors statewide and in at least one-fourth of the
98	congressional districts required by s. 3, Art. XI of the State
99	Constitution.
100	Section 2.  Section 16.061, Florida Statutes, is amended to
101	read:
102	16.061  Initiative petitions.--
103	(1)  The Attorney General shall, as provided in this
104	section within 30 days after receipt of a proposed revision or
105	amendment to the State Constitution by initiative petition from
106	the Secretary of State, petition the Supreme Court, requesting
107	an advisory opinion regarding the compliance of the text of the
108	proposed amendment or revision with s. 3, Art. XI of the State
109	Constitution and the compliance of the proposed ballot title and
110	substance with s. 101.161. The petition may enumerate any
111	specific factual issues that the Attorney General believes would
112	require a judicial determination.
113	(2)  A copy of the petition shall be provided to the
114	Secretary of State and the principal officer of the sponsor.
115	(3)  Upon notice that a constitutional amendment has been
116	proposed by initiative, the Attorney General shall, within 30
117	days, issue a written legal opinion as to the validity of the
118	proposal pursuant to s. 3, Art. XI of the State Constitution. If
119	the opinion of the Attorney General is that the proposal is
120	invalid, the proposal shall be void unless, within 15 days, the
121	sponsor demands the Attorney General to request the opinion of
122	the Supreme Court as to the validity of the proposal, in which
123	case the Attorney General shall petition the Supreme Court for
124	an opinion within 15 days after demand by the sponsor. During
125	the pendency of the petition for an opinion of the court, the
126	proposal shall be presumed valid pursuant to s. 3, Art. XI of
127	the State Constitution.
128	(4)  Unless an opinion of the Supreme Court has been
129	obtained pursuant to subsection (3), the Attorney General shall
130	petition for an opinion within 30 days after notice that the
131	sponsor of an initiative has submitted to the appropriate
132	supervisors for verification, and the supervisors have verified,
133	forms signed and dated equal to 10 percent of the number of
134	electors statewide and in at least one-fourth of the
135	congressional districts required for ballot placement. Any
136	fiscal impact statement that the court finds not to be in
137	accordance with s. 100.371 shall be remanded solely to the
138	Financial Impact Estimating Conference for redrafting.
139	Section 3.  Subsections (1), (3), and (4) of section
140	99.097, Florida Statutes, are amended, and subsection (6) is
141	added to said section, to read:
142	99.097  Verification of signatures on petitions.--
143	(1)  As determined by each supervisor, based upon local
144	conditions, the verification of signatures checking of names on
145	petitions may be based on the most inexpensive and
146	administratively feasible of either of the following methods of
147	verification:
148	(a)  A name-by-name, signature-by-signature check of the
149	number of valid authorized signatures on the petitions; or
150	(b)  A check of a random sample, as provided by the
151	Department of State, of names and signatures on the petitions.
152	The sample must be such that a determination can be made as to
153	whether or not the required number of valid signatures has have
154	been obtained with a reliability of at least 99.5 percent. Rules
155	and guidelines for this method of petition verification shall be
156	adopted promulgated by the Department of State and, which may
157	include a requirement that petitions bear an additional number
158	of names and signatures, not to exceed 15 percent of the names
159	and signatures otherwise required. If the petitions do not meet
160	such criteria, then the use of the verification method described
161	in this paragraph shall not be available to supervisors.
162
163	Notwithstanding any other provision of law, petitions to secure
164	ballot placement for an issue, and petition revocations directed
165	thereto pursuant to s. 100.371(7), must be verified by the
166	method provided in paragraph (a).
167	(3)(a)  A name on a petition signature in a, which name
168	that is not in substantially the same form as a name on the
169	voter registration books, shall be counted as a valid signature
170	if, after comparing the signature on the petition with the
171	signature of the alleged signer as shown on the registration
172	books, the supervisor determines that the person signing the
173	petition and the person who registered to vote are one and the
174	same. In any situation in which this code requires the form of
175	the petition to be prescribed by the division, no signature
176	shall be counted toward the number of signatures required unless
177	it is on a petition form prescribed by the division. No
178	signature on a petition shall be counted toward the number of
179	valid signatures required for ballot placement unless all
180	relevant provisions of this section have been satisfied.
181	(b)  If a voter signs a petition and lists an address other
182	than the legal residence where the voter is registered, the
183	supervisor shall treat the signature as if the voter had listed
184	the address where the voter is registered.
185	(4)(a)  The supervisor shall be paid in advance the sum of
186	10 cents for each signature checked or the actual cost of
187	checking such signature, whichever is less, by the candidate or,
188	in the case of a petition to have an issue placed on the ballot,
189	by the person or organization submitting the petition. However,
190	if a candidate, person, or organization seeking to have an issue
191	placed upon the ballot cannot pay such charges without imposing
192	an undue burden on personal resources or upon the resources
193	otherwise available to such candidate, person, or organization,
194	such candidate, person, or organization shall, upon written
195	certification of such inability given under oath to the
196	supervisor, be entitled to have the signatures verified at no
197	charge. In the event a candidate, person, or organization
198	submitting a petition to have an issue placed upon the ballot is
199	entitled to have the signatures verified at no charge, the
200	supervisor of elections of each county in which the signatures
201	are verified at no charge shall submit the total number of such
202	signatures checked in the county and the total amount of
203	verification fees paid for each initiative to the Chief
204	Financial Officer no later than March December 1 of each the
205	general election year., and The Chief Financial Officer shall
206	cause such supervisor of elections to be reimbursed from the
207	General Revenue Fund in an amount equal to 10 cents for each
208	signature name checked or the actual cost of checking such
209	signatures, whichever is less. In no event shall such
210	reimbursement of costs be deemed or applied as extra
211	compensation for the supervisor. Petitions shall be retained by
212	the supervisors for a period of 1 year following the election
213	for which the petitions were circulated.
214	(b)  A person or organization submitting a petition to have
215	an issue placed upon the ballot that has filed a certification
216	of undue burden may not provide compensation to any paid
217	petition circulator, as defined in s. 100.372(2), unless the
218	person or organization first pays all supervisors for each
219	signature checked or reimburses the General Revenue Fund for
220	such costs. If a person or organization subject to this
221	paragraph provides compensation to a paid petition circulator
222	prior to the date the person or organization pays all
223	supervisors for each signature checked or reimburses the General
224	Revenue Fund for such costs, no signature on a petition
225	circulated by the petition circulator prior to that date shall
226	be counted toward the number of valid signatures required for
227	ballot placement.
228	(c)  Verification fees shall not be waived with respect to
229	an initiative petition unless and only to the extent that the
230	total verification fees exceed 10 percent of the total
231	contributions received by the sponsor to promote the initiative.
232	The sponsor shall reimburse any fees waived pursuant to this
233	section, and the Chief Financial Officer shall be entitled to
234	recover waived fees, if and to the extent that campaign finance
235	reports demonstrate at any time that the verification fees paid
236	by the sponsor are less than 10 percent of the total
237	contributions received to promote the initiative.
238	(6)(a)  The alleged improper verification of a signature on
239	a petition to have an issue placed upon the ballot pursuant to
240	paragraph (1)(a) may be contested in the circuit court by a
241	political committee or by an elector. The contestant shall file
242	a complaint setting forth the basis of the contest, together
243	with the fees prescribed in chapter 28, with the clerk of the
244	circuit court in the county in which the petition is certified,
245	or in Leon County if the petition covers more than one county,
246	within 180 days after the date the verified signature was
247	certified to the Secretary of State but not later than February
248	1 of the year in which the question is to appear on the ballot.
249	(b)  If the contestant demonstrates that one or more
250	petitions were improperly verified, the signatures appearing on
251	such petitions shall not be counted toward the number of valid
252	signatures required for ballot placement. If an action brought
253	pursuant to this subsection is resolved after the Secretary of
254	State has issued a certificate of ballot position for the issue
255	but the contestant demonstrates that the person or organization
256	submitting the petition had obtained verification of an
257	insufficient number of valid and verified signatures to qualify
258	for ballot placement, then the issue shall be removed from the
259	ballot, or if such action is impractical, any votes cast for or
260	against the issue shall not be counted and shall be invalidated.
261	Section 4.  Section 100.371, Florida Statutes, as amended
262	by chapter 2002-281, Laws of Florida, is amended to read:
263	100.371  Initiatives; procedure for placement on ballot.--
264	(1)  Constitutional amendments proposed by initiative shall
265	be placed on the ballot for the general election if occurring in
266	excess of 90 days from the certification of ballot position is
267	issued by the Secretary of State no later than February 1 of the
268	year in which the general election is to be held.
269	(2)  Such certification shall be issued when the Secretary
270	of State has received verification certificates from the
271	supervisors of elections indicating that the requisite number
272	and distribution of valid petitions bearing the signatures of
273	electors have been submitted to and verified by the supervisors.
274	Every signature shall be dated by the elector when made.
275	Signatures and shall be valid for a period of 4 years following
276	such date, provided all other requirements of law are complied
277	with.
278	(3)  The sponsor of an initiative amendment shall, prior to
279	obtaining any signatures, register as a political committee
280	pursuant to s. 106.03 and submit the text of the proposed
281	amendment and recommended ballot language to the Secretary of
282	State, with the form on which the signatures will be affixed,
283	and shall obtain the approval of the Secretary of State of such
284	form. The Secretary of State shall not approve any form until
285	the ballot language has been determined pursuant to s.
286	101.163(5). The division Secretary of State shall adopt rules
287	pursuant to s. 120.54 prescribing the style and requirements of
288	such form. Upon filing with the Secretary of State, the text of
289	the proposed amendment and all forms filed in connection with
290	this section must, upon request, be made available in
291	alternative formats. The contents of a petition form shall be
292	limited to those items required by statute or rule. A petition
293	form shall be deemed a political advertisement as defined in s.
294	106.011 and, as such, shall comply with all relevant
295	requirements of chapter 106.
296	(4)  The supervisor of elections shall date stamp each
297	petition form to indicate the date the form was received by the
298	supervisor of elections. The supervisor of elections shall also
299	date stamp each petition form to indicate the date the signature
300	on the form was verified as valid. The supervisor of elections
301	shall verify that the signature on a petition form is valid only
302	if the form complies with all of the following:
303	(a)  The form must contain the original signature of the
304	purported elector.
305	(b)  The purported elector must accurately record on the
306	form the date on which he or she signed the form.
307	(c)  The purported elector must accurately record on the
308	form his or her name, street address, county, voter registration
309	number, and any other information required by rule by the
310	division.
311	(d)  The purported elector must be, at the time he or she
312	signs the form, a duly qualified and registered elector
313	authorized to vote in the congressional district for which his
314	or her signature is submitted.
315	(e)  The date the elector signed the form, as recorded by
316	the elector, must be no more than 10 days prior to the date the
317	form was received by the supervisor of elections.
318	(f)  The elector must accurately record on the form whether
319	the elector was presented with the petition form for his or her
320	signature by a petition circulator, as defined in s. 100.372(1).
321	(g)  If the elector was presented with the petition form
322	for his or her signature by a petition circulator, the petition
323	form must comply with the requirements of s. 100.372.
324	(5)  An elector has the right to submit his or her signed
325	form to the sponsor of the initiative amendment, by mail or
326	otherwise, at an address listed on the form for this purpose.
327	(6)  Each form shall contain the following three notices at
328	the top of the form in bold type and in a 16-point or larger
329	font, immediately following the title "Constitutional Amendment
330	Petition Form":
331
332	RIGHT TO MAIL-IN - You have the right to take this
333	petition home and study the issue before signing. If
334	you choose to sign the petition, you may return it to
335	the sponsors of the amendment at the following
336	address: ___________________________________.
337
338	PAID PETITION CIRCULATOR ? The person presenting this
339	petition for your signature may be receiving
340	compensation to do so. You have the right to ask for
341	this information and the person's rate of compensation
342	before you sign the petition.
343
344	NATURE OF AMENDMENT ? The merits of the proposed
345	change to the Florida Constitution appearing below
346	have not been officially reviewed by any court or
347	agency of state government.
348
349	(7)  An elector's signature on a petition form may be
350	revoked by submitting to the supervisor of elections a signed
351	petition revocation form adopted by rule for this purpose by the
352	division. The petition revocation form shall be subject to the
353	same requirements as the corresponding petition form under this
354	chapter. The petition revocation form shall be filed with the
355	appropriate supervisor of elections no later than the January 1
356	preceding the next general election or, if the initiative
357	amendment is not certified for ballot position in that election,
358	no later than the January 1 preceding the next successive
359	general election. The supervisor of elections shall promptly
360	check the signature on the revocation form and process such
361	revocation upon payment of a fee, in advance, of 10 cents or the
362	actual cost of checking such signature, whichever is less.
363	(8)(4)  The sponsor shall submit signed and dated forms to
364	the appropriate supervisor of elections for verification as to
365	the number of registered electors whose valid signatures appear
366	thereon. The supervisor shall promptly verify the signatures
367	upon payment of the fee required by s. 99.097. Upon completion
368	of verification, the supervisor shall execute a certificate
369	indicating, through the date specified in the certificate, the
370	total number of signatures checked, the number of signatures
371	verified as valid and as being of registered electors, the
372	number of signatures validly revoked pursuant to subsection (7),
373	the number of signatures that have expired and are no longer
374	valid, the net number of signatures verified that remain valid,
375	and the distribution of such signatures by congressional
376	district. This certificate shall be immediately transmitted to
377	the Secretary of State. The supervisor shall retain the signed
378	signature forms and revocation forms for at least 1 year
379	following the election in which the issue appeared on the ballot
380	or until the Division of Elections notifies the supervisors of
381	elections that the committee which circulated the petition is no
382	longer seeking to obtain ballot position.
383	(9)(5)  The Secretary of State shall determine from the
384	verification certificates received from supervisors of elections
385	the total number of verified valid signatures and the
386	distribution of such signatures by congressional districts. Upon
387	a determination that the requisite number and distribution of
388	valid signatures have been obtained, the secretary shall issue a
389	certificate of ballot position for that proposed amendment and
390	shall assign a designating number pursuant to s. 101.161. A
391	petition shall be deemed to be filed with the Secretary of State
392	upon the date of the receipt by the secretary of a certificate
393	or certificates from supervisors of elections indicating the
394	petition has been signed by the constitutionally required number
395	of electors.
396	(10)(6)(a)  Within 45 days after receipt of a proposed
397	revision or amendment to the State Constitution by initiative
398	petition from the Secretary of State or, within 30 days after
399	such receipt if receipt occurs 120 days or less before the
400	election at which the question of ratifying the amendment will
401	be presented, the Financial Impact Estimating Conference shall
402	complete an analysis and financial impact statement to be
403	included in placed on the ballot summary of the estimated
404	financial impact of the initiative on the private and public
405	sectors of the state, including any increase or decrease in any
406	revenues or costs to state or local governments resulting from
407	the proposed initiative. The Financial Impact Estimating
408	Conference shall submit the financial impact statement to the
409	Attorney General and Secretary of State.
410	(b)1.  The Financial Impact Estimating Conference shall
411	provide an opportunity for any proponents or opponents of the
412	initiative to submit information and may solicit information or
413	analysis from any other entities or agencies, including the
414	Office of Economic and Demographic Research. All meetings of the
415	Financial Impact Estimating Conference shall be open to the
416	public as provided in chapter 286.
417	2.  The Financial Impact Estimating Conference is
418	established to review, analyze, and estimate the financial
419	impact of amendments to or revisions of the State Constitution
420	proposed by initiative. The Financial Impact Estimating
421	Conference shall consist of four principals: one person from the
422	Executive Office of the Governor; the coordinator of the Office
423	of Economic and Demographic Research, or his or her designee;
424	one person from the professional staff of the Senate; and one
425	person from the professional staff of the House of
426	Representatives. Each principal shall have appropriate fiscal
427	expertise in the subject matter of the initiative. A Financial
428	Impact Estimating Conference may be appointed for each
429	initiative.
430	3.  Principals of the Financial Impact Estimating
431	Conference shall reach a consensus or majority concurrence on a
432	clear and unambiguous financial impact statement, no more than
433	75 words in length, and immediately submit the statement to the
434	Attorney General. Nothing in this subsection prohibits the
435	Financial Impact Estimating Conference from setting forth a
436	range of potential impacts in the financial impact statement.
437	Any financial impact statement that a court finds not to be in
438	accordance with this section shall be remanded solely to the
439	Financial Impact Estimating Conference for redrafting. The
440	Financial Impact Estimating Conference shall redraft the
441	financial impact statement within 15 days.
442	4.  If the members of the Financial Impact Estimating
443	Conference are unable to agree on the statement required by this
444	subsection, or if the Supreme Court has rejected the initial
445	submission by the Financial Impact Estimating Conference and no
446	redraft has been approved by the Supreme Court by 5 p.m. on the
447	75th day before the election, the following statement shall be
448	included in appear on the ballot summary pursuant to s. 101.163
449	101.161(1): "The financial impact of this measure, if any,
450	cannot be reasonably determined at this time."
451	(c)  The financial impact statement must be included in
452	separately contained and be set forth after the ballot summary
453	as required in s. 101.163 101.161(1).
454	(d)1.  Any financial impact statement that any the Supreme
455	court finds not to be in accordance with this subsection shall
456	be remanded solely to the Financial Impact Estimating Conference
457	for redrafting, provided the court's advisory opinion is
458	rendered at least 75 days before the election at which the
459	question of ratifying the amendment will be presented. The
460	Financial Impact Estimating Conference shall prepare and adopt a
461	revised financial impact statement no later than 5 p.m. on the
462	15th day after the date of the court's opinion.
463	2.  If, by 5 p.m. on the 75th day before the election, the
464	Supreme Court has not issued an advisory opinion on the initial
465	financial impact statement prepared by the Financial Impact
466	Estimating Conference for an initiative amendment that otherwise
467	meets the legal requirements for ballot placement, the financial
468	impact statement shall be deemed approved for placement on the
469	ballot.
470	(d)1.3.  In addition to the financial impact statement
471	required by this subsection, the Financial Impact Estimating
472	Conference shall draft an initiative financial information
473	statement. The initiative financial information statement should
474	describe in greater detail than the financial impact statement
475	any projected financial impact of the initiative on the private
476	and public sectors of the state, including any increase or
477	decrease in revenues or costs that the state or local
478	governments would likely experience if the ballot measure were
479	approved. If appropriate, the initiative financial information
480	statement may include both estimated dollar amounts and a
481	description placing the estimated dollar amounts into context.
482	The initiative financial information statement must include both
483	a summary of not more than 500 words and additional detailed
484	information that includes the assumptions that were made to
485	develop the financial impacts, workpapers, and any other
486	information deemed relevant by the Financial Impact Estimating
487	Conference.
488	2.4.  The Department of State shall have printed, and shall
489	furnish to each supervisor of elections, a copy of the summary
490	from the initiative financial information statements. The
491	supervisors shall have the summary from the initiative financial
492	information statements available at each polling place and at
493	the main office of the supervisor of elections upon request.
494	3.5.  The Secretary of State and the Office of Economic and
495	Demographic Research shall make available on the Internet each
496	initiative financial information statement in its entirety. In
497	addition, each supervisor of elections whose office has a
498	website shall post the summary from each initiative financial
499	information statement on the website. Each supervisor shall
500	include the Internet addresses for the information statements on
501	the Secretary of State's and the Office of Economic and
502	Demographic Research's websites in the publication or mailing
503	required by s. 101.20.
504	(11)(7)  The Department of State may adopt rules in
505	accordance with s. 120.54 to carry out the provisions of this
506	section subsections (1)-(6).
507	Section 5.  Section 100.372, Florida Statutes, is created
508	to read:
509	100.372  Regulation of initiative petition circulators.--
510	(1)  For purposes of this section, a "petition circulator"
511	is any person who, in the context of a direct, face-to-face
512	conversation, presents an initiative petition form or petition
513	revocation form to an elector for his or her possible signature.
514	Such term does not include an elector's family member who
515	presents a petition form or petition revocation form to the
516	elector for his or her possible signature.
517	(2)  For purposes of this section, a "paid petition
518	circulator" is a petition circulator who receives any
519	compensation as either a direct or indirect consequence of the
520	activities described in subsection (1).
521	(3)  A petition circulator must be, at the time he or she
522	presents a petition form or petition revocation form to any
523	elector for his or her possible signature, at least 18 years of
524	age and eligible to register to vote in this state pursuant to
525	s. 97.041.
526	(4)  A paid petition circulator shall, when engaged in the
527	activities described in subsection (1), wear a prominent badge,
528	in a form and manner prescribed by rule by the division,
529	identifying him or her as a "PAID PETITION CIRCULATOR."
530	(5)  In addition to any other practice or action
531	permissible under law, an owner, lessee, or other person
532	lawfully exercising control over private property may:
533	(a)  Prohibit petition circulators from operating on the
534	property and prohibit persons from engaging in other activities
535	supporting or opposing an initiative.
536	(b)  Permit such conduct on the property subject to
537	restrictions on time, place, and manner that are reasonable and
538	uniformly applied.
539	(6)(a)  Prior to submission of a petition form or petition
540	revocation form to an elector for his or her possible signature,
541	the form must set forth the following information in a format
542	and manner prescribed by rule by the division:
543	1.  The name of any organization or entity with which the
544	petition circulator is affiliated and on behalf of which the
545	petition circulator is presenting forms to electors for possible
546	signature.
547	2.  The name of the sponsor of the initiative if different
548	from the entity with which the petition circulator is
549	affiliated.
550	3.  The Internet website address of the division website
551	providing the contribution and expenditure information
552	respecting political organizations and initiative sponsors.
553	4.  A statement disclosing whether the petition circulator
554	is a paid petition circulator and, if so, the amount or rate of
555	compensation.
556	(b)  Prior to submission to the supervisor of elections for
557	verification, each signed petition form or petition revocation
558	form obtained by a petition circulator must also contain the
559	following information in a format and manner prescribed by rule
560	by the division:
561	1.  The name of the petition circulator.
562	2.  The street address at which the petition circulator
563	resides, including county.
564	3.  The petition circulator's date of birth.
565	4.  The petition circulator's state voter registration
566	number and county of registration, if applicable, or an
567	identification number from a valid current government-issued
568	photo identification card along with information identifying the
569	issuer.
570	(7)(a)  A paid petition circulator shall attach to each
571	signed petition form, petition revocation form, or group of such
572	forms obtained by the paid petition circulator a signed,
573	notarized, and dated affidavit executed by the paid petition
574	circulator in a form prescribed by rule by the division. If the
575	affidavit pertains to a group of forms, the forms shall be
576	consecutively numbered on their faces by the paid petition
577	circulator, and the affidavit shall reference the forms by
578	number.
579	(b)  The affidavit shall include the paid petition
580	circulator's printed name, the street address at which he or she
581	resides, including county, and the date he or she signed the
582	affidavit.
583	(c)  The affidavit shall attest that the paid petition
584	circulator has read and understands the laws governing the
585	circulation of petition and petition revocation forms; that he
586	or she was 18 years of age and eligible to register to vote at
587	the time the attached form or forms were circulated and signed
588	by the listed electors; that he or she circulated the attached
589	form or forms; that each signature thereon was affixed in the
590	circulator's presence; that each signature thereon is the
591	signature of the elector whose name it purports to be; that to
592	the best of the circulator's knowledge and belief, each of the
593	persons signing the form or forms was, at the time of signing, a
594	registered elector; and that he or she has not paid and will not
595	in the future pay, and that he or she believes that no other
596	person has paid and will in the future pay, directly or
597	indirectly, any money or other thing of value to any elector for
598	the purpose of inducing or causing such elector to affix his or
599	her signature to the form.
600	(d)  A signature on a petition form or petition revocation
601	form to which an affidavit required by this subsection is not
602	attached is invalid and shall not be verified by a supervisor of
603	elections.
604	(8)  Each paid petition circulator shall provide to the
605	sponsor of the initiative amendment for which he or she is
606	circulating petitions a copy of a valid and current government-
607	issued photo identification card that accurately reflects the
608	address at which the paid petition circulator resides. The
609	sponsor of the initiative amendment shall maintain the copies of
610	these identification cards in its files and shall make them
611	available for inspection by any person. If a sponsor fails to
612	maintain such a copy with respect to a particular paid petition
613	circulator, all petitions obtained by that paid petition
614	circulator prior to the date the sponsor produces the required
615	copy of the identification card shall be invalid and shall not
616	be verified by the supervisor of elections.
617	(9)  If a supervisor of elections or the division seeks to
618	contact a paid petition circulator at the residence address
619	listed on a petition, affidavit, or identification card copy,
620	whichever is dated latest, and receives no response from the
621	paid petition circulator within 15 days, all petitions obtained
622	by that paid petition circulator shall be invalid and shall not
623	be verified by the supervisor of elections.
624	(10)  A signature on a petition form or petition revocation
625	form that does not fully comply with the applicable provisions
626	of this chapter, or that was obtained in violation of the
627	applicable provisions of this chapter or chapter 104, is invalid
628	and shall not be verified by a supervisor of elections.
629	Section 6.  Section 101.162, Florida Statutes, is created
630	to read:
631	101.162  Referenda, ballots.--
632	(1)  Whenever a constitutional amendment or other public
633	measure is submitted to a vote of the people, a ballot summary
634	describing the substance of such amendment or other public
635	measure shall be printed in clear and unambiguous language on
636	the ballot placed as determined pursuant to ss. 101.163-101.166,
637	followed by the word "yes" and also by the word "no," and shall
638	be styled in such a manner that a "yes" vote will indicate
639	approval of the proposal and a "no" vote will indicate
640	rejection.
641	(2)  Except as otherwise provided in s. 101.163, the ballot
642	summary shall not exceed 75 words in length and shall explain
643	the chief purpose of the measure.
644	(3)  The ballot title shall consist of a caption, not
645	exceeding 15 words in length, by which the measure is commonly
646	referred to or spoken of.
647	Section 7.  Section 101.163, Florida Statutes, is created
648	to read:
649	101.163  Statewide issues; ballot language.--For all
650	proposed constitutional amendments and other issues submitted to
651	a statewide vote of the electors, the ballot title and ballot
652	summary shall be supplied to the Commission on Statewide Ballot
653	Issues for review and recommendation as provided in this
654	section.
655	(1)  There is created a Commission on Statewide Ballot
656	Issues with power to recommend the wording of ballot language on
657	all issues appearing on a statewide ballot. The commission shall
658	be comprised of five electors who do not hold any other public
659	office and who have legal training or significant political or
660	professional experience working with the state's election laws.
661	No more than three commissioners may be members of the same
662	political party. The commissioners shall serve without salary
663	for a term of 2 years to begin May 1 of each odd-numbered year
664	and ending April 30 of the next succeeding odd-numbered year.
665	Commissioners may be reappointed to succeed themselves if
666	properly nominated. The Governor may appoint commissioners as
667	soon as practicable after the effective date of this act, to
668	serve until April 30, 2007. The members shall be appointed by
669	the Governor from lists of nominees provided on or before March
670	1 of each odd-numbered year, as follows:
671	(a)  The majority leader and minority leader of each house
672	of the Legislature shall each nominate one person who is a
673	member of the respective leader's political party. For purposes
674	of this section, the majority leader and minority leader shall
675	be determined pursuant to the rules of each respective house.
676	From these nominees, the Governor shall appoint two persons who
677	are not members of the same party.
678	(b)  Any supervisor of elections may nominate two persons
679	who are electors residing in the county. One of such nominees
680	shall be a member of the political party having the largest
681	number of registered voters in the supervisor's county at the
682	time of the nomination, and the other of such nominees shall not
683	be a member of such political party. From all supervisor
684	nominees, the Governor shall appoint two persons who are not
685	members of the same party.
686	(c)  The Secretary of State shall nominate four persons,
687	not more than two of whom may be members of the same political
688	party. From these nominees, the Governor shall appoint one
689	person.
690	(d)  The director of the Division of Elections or a
691	designee shall serve as a nonvoting chair of the commission.
692	(2)  The commission shall meet upon the call of the chair,
693	at least once per year, and as often as necessary to complete
694	its work. The commission shall establish its own rules of
695	procedure. The staff of the Division of Elections shall provide
696	the professional and administrative support for the commission.
697	(3)  The Attorney General may participate as intervenor in
698	commission proceedings to provide independent legal analysis.
699	The Attorney General shall notify the Division of Elections
700	whenever an initiative proposal is voided pursuant to s.
701	16.061(3).
702	(4)  Decisions of the commission recommending ballot
703	language for a statewide issue shall be adopted by the Secretary
704	of State if the secretary determines that the recommended ballot
705	language satisfies the requirements of law. If not, the
706	secretary shall remand the ballot language to the commission.
707	Any determination of the secretary adopting ballot language
708	shall be
709	final unless appealed to the First District Court of Appeal
710	within 30 days after publication of the determination. If, on
711	appeal, ballot language is determined to be invalid, the
712	secretary shall reconsider the determination as soon as
713	practicable. In all other respects, the appeal shall proceed
714	under the same requirements as an appeal of a final order under
715	chapter 120. The Attorney General, any party, or any elector
716	participating in the proceeding may appeal a determination of
717	the secretary.
718	(5)  The following process shall be used to determine
719	ballot language:
720	(a)  When a constitutional amendment is proposed by joint
721	resolution, constitutional revision commission proposal,
722	constitutional convention proposal, or taxation and budget
723	reform commission proposal, or when any other state question is
724	proposed by general law, recommended ballot language may be
725	included in the joint resolution, proposal, or law.
726	(b)  When a constitutional amendment is proposed by
727	initiative, ballot language shall be recommended by the sponsor
728	and shall be filed with Division of Elections along with the
729	initial submission of the text of the proposed amendment. The
730	division shall prepare proposed ballot language for
731	consideration by the commission. The division may select the
732	ballot language proposed by the sponsor of an initiative or
733	submit alternative ballot language. The division shall include
734	financial impact language provided pursuant to s. 100.371.
735	(c)  Within 30 days after receipt of the proposed amendment
736	or within a reasonable time after receipt of financial impact
737	language in the case of an initiative, the Division of Elections
738	shall submit its draft ballot language to the commission along
739	with any draft ballot language submitted by the sponsor for
740	consideration at its next meeting to be held at least 20 days
741	after submission by the division.
742	(d)  Within 15 days after the submission of draft ballot
743	language to the commission, any interested elector may submit an
744	argument, pursuant to rules adopted by the commission,
745	respecting the legality of the proposed ballot language.
746	(e)  At the hearing, the commission shall determine whether
747	the ballot language submitted by the Division of Elections
748	satisfies the requirements of law.
749	1.  If the ballot language submitted by the Division of
750	Elections does not satisfy the requirements of law, the
751	commission shall determine if alternate ballot language proposed
752	by the sponsor and filed with the original proposal satisfies
753	such requirements. If the ballot language submitted by the
754	division does not satisfy the requirements of law and the ballot
755	language proposed by the sponsor does satisfy the requirements
756	of law, the commission shall recommend the ballot language
757	proposed by the sponsor as the official ballot language.
758	2.  If the ballot language submitted by the Division of
759	Elections satisfies the requirements of law, the commission
760	shall recommend such language as the official ballot language,
761	unless the commission determines that the ballot language
762	proposed by the sponsor more clearly explains the chief purpose
763	of the amendment and otherwise satisfies the requirements of
764	law, in which case the commission shall recommend the ballot
765	language proposed by the sponsor as the official ballot
766	language.
767	3.  If the commission determines that neither the ballot
768	language submitted by the Division of Elections nor the ballot
769	language proposed by the sponsor satisfies the requirements of
770	law, the commission shall refer the amendment back to the
771	division with instructions to resubmit ballot language within 30
772	days.
773	(f)  Notwithstanding paragraph (e), when an amendment is
774	proposed by initiative, the commission shall recommend any
775	ballot language agreed to by both the sponsor and the Division
776	of Elections.
777	(g)  The commission shall issue a recommendation or other
778	report, signed by a majority of the commissioners, within 5 days
779	after its hearing.
780	(h)  Any recommendation of the commission shall be
781	submitted to the Secretary of State immediately. The secretary
782	shall act on the recommendation in accordance with subsection
783	(4) not later than 5 days after receiving the recommendation.
784	Section 8.  Section 101.164, Florida Statutes, is created
785	to read:
786	101.164  Local questions; ballot language.--For public
787	measures other than state issues or those local questions
788	described in s. 101.165, the title and statement describing the
789	substance of the measure shall be embodied in the enabling
790	legislation, resolution, ordinance, or petition.
791	Section 9.  Section 101.165, Florida Statutes, is created
792	to read:
793	101.165  Local questions determining judicial selection
794	method.--For any general election in which the Secretary of
795	State, for any circuit, or the supervisor of elections, for any
796	county, has certified the ballot position for an initiative to
797	change the method of selection of judges, the ballot must
798	contain the appropriate statement as provided in this section.
799	(1)  In any circuit where the initiative is to change the
800	selection of circuit court judges to selection by merit
801	selection and retention, the ballot shall state: "Shall the
802	method of selecting circuit court judges in the ...(number of
803	the circuit)... judicial circuit be changed from election by a
804	vote of the people to selection by the judicial nominating
805	commission and appointment by the Governor with subsequent terms
806	determined by a retention vote of the people?" This statement
807	must be followed by the word "yes" and also by the word "no."
808	(2)  In any circuit where the initiative is to change the
809	selection of circuit court judges to election by the voters, the
810	ballot shall state: "Shall the method of selecting circuit court
811	judges in the ...(number of the circuit)... judicial circuit be
812	changed from selection by the judicial nominating commission and
813	appointment by the Governor with subsequent terms determined by
814	a retention vote of the people to election by a vote of the
815	people?" This statement must be followed by the word "yes" and
816	also by the word "no."
817	(3)  In any county where the initiative is to change the
818	selection of county court judges to merit selection and
819	retention, the ballot shall state: "Shall the method of
820	selecting county court judges in ...(name of county)... be
821	changed from election by a vote of the people to selection by
822	the judicial nominating commission and appointment by the
823	Governor with subsequent terms determined by a retention vote of
824	the people?" This statement must be followed by the word "yes"
825	and also by the word "no."
826	(4)  In any county where the initiative is to change the
827	selection of county court judges to election by the voters, the
828	ballot shall state: "Shall the method of selecting county court
829	judges in ...(name of county)... be changed from selection by
830	the judicial nominating commission and appointment by the
831	Governor with subsequent terms determined by a retention vote of
832	the people to election by a vote of the people?" This statement
833	must be followed by the word "yes" and also by the word "no."
834	Section 10.  Section 101.166, Florida Statutes, is created
835	to read:
836	101.166  Referenda; ballot placement.--The Division of
837	Elections shall adopt rules governing the numbering and
838	placement of statewide issues on the general election ballot.
839	The rules shall provide for grouping of statewide issues,
840	beginning with constitutional amendments grouped by the source
841	of the proposal, whether joint resolution of the Legislature,
842	constitutional convention, or other source listed in Art. XI of
843	the State Constitution. Initiatives shall appear after other
844	proposed amendments. Each proposal shall be identified by the
845	source of such proposal, with all initiatives under the single
846	heading "Citizen Initiatives," or similar wording. The proposals
847	in each group shall be placed in the order of the dates on which
848	they qualified for ballot position.
849	Section 11.  Paragraph (a) of subsection (4) of section
850	101.62, Florida Statutes, is amended to read:
851	101.62  Request for absentee ballots.--
852	(4)(a)  To each absent qualified elector overseas who has
853	requested an absentee ballot, the supervisor of elections shall,
854	not fewer than 35 days before the first primary election, mail
855	an absentee ballot. Not fewer than 45 days before the second
856	primary and general election, the supervisor of elections shall
857	mail an advance absentee ballot to those persons requesting
858	ballots for such elections. The advance absentee ballot for the
859	second primary shall be the same as the first primary absentee
860	ballot as to the names of candidates, except that for any
861	offices where there are only two candidates, those offices and
862	all political party executive committee offices shall be
863	omitted. Except as provided in ss. 99.063(4) and 100.371(10)(6),
864	the advance absentee ballot for the general election shall be as
865	specified in s. 101.151, except that in the case of candidates
866	of political parties where nominations were not made in the
867	first primary, the names of the candidates placing first and
868	second in the first primary election shall be printed on the
869	advance absentee ballot. The advance absentee ballot or advance
870	absentee ballot information booklet shall be of a different
871	color for each election and also a different color from the
872	absentee ballots for the first primary, second primary, and
873	general election. The supervisor shall mail an advance absentee
874	ballot for the second primary and general election to each
875	qualified absent elector for whom a request is received until
876	the absentee ballots are printed. The supervisor shall enclose
877	with the advance second primary absentee ballot and advance
878	general election absentee ballot an explanation stating that the
879	absentee ballot for the election will be mailed as soon as it is
880	printed; and, if both the advance absentee ballot and the
881	absentee ballot for the election are returned in time to be
882	counted, only the absentee ballot will be counted. The
883	Department of State may prescribe by rule the requirements for
884	preparing and mailing absentee ballots to absent qualified
885	electors overseas.
886	Section 12.  Section 104.185, Florida Statutes, is amended
887	to read:
888	104.185  Violations involving petitions; knowingly signing
889	more than once; signing another person's name or a fictitious
890	name.--
891	(1)  A person who knowingly signs a petition or petitions
892	to secure ballot position for a candidate, a minor political
893	party, or an issue more than one time commits a misdemeanor of
894	the first degree, punishable as provided in s. 775.082 or s.
895	775.083.
896	(2)  A person who signs another person's name or a
897	fictitious name to any petition to secure ballot position for a
898	candidate, a minor political party, or an issue, or to a
899	petition revocation form, commits a felony misdemeanor of the
900	third first degree, punishable as provided in s. 775.082, or s.
901	775.083, or s. 775.084.
902	(3)  A person who willfully swears or affirms falsely to
903	any oath or affirmation, or willfully induces another person to
904	swear or affirm falsely to an oath or affirmation, in connection
905	with or arising out of the petitioning process commits a felony
906	of the third degree, punishable as provided in s. 775.082, s.
907	775.083, or s. 775.084.
908	(4)  A person who willfully submits any false information
909	on a petition or petition revocation form commits a felony of
910	the third degree, punishable as provided in s. 775.082, s.
911	775.083, or s. 775.084.
912	(5)  A person who directly or indirectly gives or promises
913	anything of value to any other person to induce that other
914	person to sign a petition or petition revocation form commits a
915	felony of the third degree, punishable as provided in s.
916	775.082, s. 775.083, or s. 775.084.
917	(6)  A person who by bribery, menace, threat, or other
918	corruption either directly or indirectly influences, deceives,
919	or deters, or attempts to influence, deceive, or deter, any
920	person in the free exercise of that person's right to sign a
921	petition or petition revocation form commits, upon the first
922	conviction, a felony of the third degree, punishable as provided
923	in s. 775.082, s. 775.083, or s. 775.084, and upon any
924	subsequent conviction, a felony of the second degree, punishable
925	as provided in s. 775.082, s. 775.083, or s. 775.084.
926	(7)  A person who provides or receives compensation that is
927	based, directly or indirectly, upon the number of signatures
928	obtained on a petition or petition revocation form commits a
929	felony of the second degree, punishable as provided in s.
930	775.082, s. 775.083, or s. 775.084.
931	(8)  A person who alters the petition or petition
932	revocation form signed by any other person without the other
933	person's knowledge and consent commits a felony of the third
934	degree, punishable as provided in s. 775.082, s. 775.083, or s.
935	775.084.
936	(9)  A person who perpetrates, or attempts to perpetrate or
937	aids in the perpetration of, any fraud in connection with
938	obtaining the signature of an elector on a petition or petition
939	revocation form commits a felony of the third degree, punishable
940	as provided in s. 775.082, s. 775.083, or s. 775.084.
941	(10)  A person other than the signer who, without the
942	express prior written consent of the signer, copies a signed
943	petition or petition revocation form, or records information
944	from such a document, prior to its submission to the supervisor
945	of elections for verification, or who willfully receives such a
946	copy or recorded information, commits a felony of the third
947	degree, punishable as provided in s. 775.082, s. 775.083, or s.
948	775.084.
949	(11)  In addition to any other penalty provided for by law,
950	if a petition circulator, as defined in s. 100.372(1), violates
951	any provision of this section, the Florida Elections Commission
952	may, pursuant to s. 106.265, impose a civil penalty in the form
953	of a fine not to exceed $1,000 per violation on any person or
954	entity on behalf of which the petition circulator was acting at
955	the time of the violation.
956	Section 13.  Section 104.42, Florida Statutes, is amended
957	to read:
958	104.42  Unlawful registrations, petitions, petition
959	revocations, Fraudulent registration and illegal voting;
960	investigation; report.--
961	(1)  The supervisor of elections is authorized to
962	investigate unlawful fraudulent registrations, petitions,
963	petition revocations, and illegal voting and to report his or
964	her findings to the local state attorney, the Attorney General,
965	the Department of Law Enforcement, and the Florida Elections
966	Commission.
967	(2)  The board of county commissioners in any county may
968	appropriate funds to the supervisor of elections for the purpose
969	of investigating unlawful fraudulent registrations, petitions,
970	petition revocations, and illegal voting.
971	(3)  The supervisor of elections shall document and report
972	suspected unlawful registrations, petitions, petition
973	revocations, and voting to the Attorney General and the
974	Department of Law Enforcement within 10 days after becoming
975	informed of suspected unlawful conduct. Within 6 months after
976	each general election, the Department of Law Enforcement shall
977	file a report with the President of the Senate and the Speaker
978	of the House of Representatives detailing suspected unlawful
979	registrations, petitions, petition revocations, and voting and
980	providing the status of any pending investigations or
981	prosecutions.
982	Section 14.  Section 125.82, Florida Statutes, is amended
983	to read:
984	125.82  Charter adoption by ordinance.--
985	(1)  As a supplemental and alternative way to the
986	provisions of ss. 125.60-125.64, inclusive, the board of county
987	commissioners may propose by ordinance a charter consistent with
988	the provisions of this part and provide for a special election
989	pursuant to the procedures established in ss. 101.162 and
990	101.164 s. 101.161(1) with notice published as provided in s.
991	100.342. The time period provided in s. 125.64 does not apply to
992	the proposal of a charter by ordinance under this section.
993	(2)  Any charter proposed under this section which was
994	adopted by vote of the electors at an election conducted and
995	noticed in conformance with the requirements of ss. 100.342,
996	101.162, and 101.164 101.161(1) is hereby ratified.
997	Section 15.  Paragraph (b) of subsection (2), paragraph (b)
998	of subsection (3), subsection (4), paragraph (b) of subsection
999	(6), and paragraph (b) of subsection (7) of section 212.055,
1000	Florida Statutes, are amended to read:
1001	212.055  Discretionary sales surtaxes; legislative intent;
1002	authorization and use of proceeds.--It is the legislative intent
1003	that any authorization for imposition of a discretionary sales
1004	surtax shall be published in the Florida Statutes as a
1005	subsection of this section, irrespective of the duration of the
1006	levy. Each enactment shall specify the types of counties
1007	authorized to levy; the rate or rates which may be imposed; the
1008	maximum length of time the surtax may be imposed, if any; the
1009	procedure which must be followed to secure voter approval, if
1010	required; the purpose for which the proceeds may be expended;
1011	and such other requirements as the Legislature may provide.
1012	Taxable transactions and administrative procedures shall be as
1013	provided in s. 212.054.
1014	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
1015	(b)  A statement which includes a brief general description
1016	of the projects to be funded by the surtax and which conforms to
1017	the requirements of ss. 101.162 and 101.164 s. 101.161 shall be
1018	placed on the ballot by the governing authority of any county
1019	which enacts an ordinance calling for a referendum on the levy
1020	of the surtax or in which the governing bodies of the
1021	municipalities representing a majority of the county's
1022	population adopt uniform resolutions calling for a referendum on
1023	the surtax. The following question shall be placed on the
1024	ballot:
1025
	_____FOR the _____-cent sales tax
1026
	_____AGAINST the _____-cent sales tax
1027
1028
1029	(3)  SMALL COUNTY SURTAX.--
1030	(b)  A statement that includes a brief general description
1031	of the projects to be funded by the surtax and conforms to the
1032	requirements of ss. 101.162 and 101.164 s. 101.161 shall be
1033	placed on the ballot by the governing authority of any county
1034	that enacts an ordinance calling for a referendum on the levy of
1035	the surtax for the purpose of servicing bond indebtedness. The
1036	following question shall be placed on the ballot:
1037
	_____FOR the _____-cent sales tax
1038
	_____AGAINST the _____-cent sales tax
1039
1040	(4)  INDIGENT CARE AND TRAUMA CENTER SURTAX.--
1041	(a)1.  The governing body in each county the government of
1042	which is not consolidated with that of one or more
1043	municipalities, which has a population of at least 800,000
1044	residents and is not authorized to levy a surtax under
1045	subsection (5), may levy, pursuant to an ordinance either
1046	approved by an extraordinary vote of the governing body or
1047	conditioned to take effect only upon approval by a majority vote
1048	of the electors of the county voting in a referendum, a
1049	discretionary sales surtax at a rate that may not exceed 0.5
1050	percent.
1051	2.  If the ordinance is conditioned on a referendum, a
1052	statement that includes a brief and general description of the
1053	purposes to be funded by the surtax and that conforms to the
1054	requirements of ss. 101.162 and 101.164 s. 101.161 shall be
1055	placed on the ballot by the governing body of the county. The
1056	following questions shall be placed on the ballot:
1057
1058	FOR THE. . . .CENTS TAX
1059	AGAINST THE. . . .CENTS TAX
1060
1061	3.  The ordinance adopted by the governing body providing
1062	for the imposition of the surtax shall set forth a plan for
1063	providing health care services to qualified residents, as
1064	defined in subparagraph 4. Such plan and subsequent amendments
1065	to it shall fund a broad range of health care services for both
1066	indigent persons and the medically poor, including, but not
1067	limited to, primary care and preventive care as well as hospital
1068	care. The plan must also address the services to be provided by
1069	the Level I trauma center. It shall emphasize a continuity of
1070	care in the most cost-effective setting, taking into
1071	consideration both a high quality of care and geographic access.
1072	Where consistent with these objectives, it shall include,
1073	without limitation, services rendered by physicians, clinics,
1074	community hospitals, mental health centers, and alternative
1075	delivery sites, as well as at least one regional referral
1076	hospital where appropriate. It shall provide that agreements
1077	negotiated between the county and providers, including hospitals
1078	with a Level I trauma center, will include reimbursement
1079	methodologies that take into account the cost of services
1080	rendered to eligible patients, recognize hospitals that render a
1081	disproportionate share of indigent care, provide other
1082	incentives to promote the delivery of charity care, promote the
1083	advancement of technology in medical services, recognize the
1084	level of responsiveness to medical needs in trauma cases, and
1085	require cost containment including, but not limited to, case
1086	management. It must also provide that any hospitals that are
1087	owned and operated by government entities on May 21, 1991, must,
1088	as a condition of receiving funds under this subsection, afford
1089	public access equal to that provided under s. 286.011 as to
1090	meetings of the governing board, the subject of which is
1091	budgeting resources for the rendition of charity care as that
1092	term is defined in the Florida Hospital Uniform Reporting System
1093	(FHURS) manual referenced in s. 408.07. The plan shall also
1094	include innovative health care programs that provide cost-
1095	effective alternatives to traditional methods of service
1096	delivery and funding.
1097	4.  For the purpose of this paragraph, the term "qualified
1098	resident" means residents of the authorizing county who are:
1099	a.  Qualified as indigent persons as certified by the
1100	authorizing county;
1101	b.  Certified by the authorizing county as meeting the
1102	definition of the medically poor, defined as persons having
1103	insufficient income, resources, and assets to provide the needed
1104	medical care without using resources required to meet basic
1105	needs for shelter, food, clothing, and personal expenses; or not
1106	being eligible for any other state or federal program, or having
1107	medical needs that are not covered by any such program; or
1108	having insufficient third-party insurance coverage. In all
1109	cases, the authorizing county is intended to serve as the payor
1110	of last resort; or
1111	c.  Participating in innovative, cost-effective programs
1112	approved by the authorizing county.
1113	5.  Moneys collected pursuant to this paragraph remain the
1114	property of the state and shall be distributed by the Department
1115	of Revenue on a regular and periodic basis to the clerk of the
1116	circuit court as ex officio custodian of the funds of the
1117	authorizing county. The clerk of the circuit court shall:
1118	a.  Maintain the moneys in an indigent health care trust
1119	fund;
1120	b.  Invest any funds held on deposit in the trust fund
1121	pursuant to general law;
1122	c.  Disburse the funds, including any interest earned, to
1123	any provider of health care services, as provided in
1124	subparagraphs 3. and 4., upon directive from the authorizing
1125	county. However, if a county has a population of at least
1126	800,000 residents and has levied the surtax authorized in this
1127	paragraph, notwithstanding any directive from the authorizing
1128	county, on October 1 of each calendar year, the clerk of the
1129	court shall issue a check in the amount of $6.5 million to a
1130	hospital in its jurisdiction that has a Level I trauma center or
1131	shall issue a check in the amount of $3.5 million to a hospital
1132	in its jurisdiction that has a Level I trauma center if that
1133	county enacts and implements a hospital lien law in accordance
1134	with chapter 98-499, Laws of Florida. The issuance of the checks
1135	on October 1 of each year is provided in recognition of the
1136	Level I trauma center status and shall be in addition to the
1137	base contract amount received during fiscal year 1999-2000 and
1138	any additional amount negotiated to the base contract. If the
1139	hospital receiving funds for its Level I trauma center status
1140	requests such funds to be used to generate federal matching
1141	funds under Medicaid, the clerk of the court shall instead issue
1142	a check to the Agency for Health Care Administration to
1143	accomplish that purpose to the extent that it is allowed through
1144	the General Appropriations Act; and
1145	d.  Prepare on a biennial basis an audit of the trust fund
1146	specified in sub-subparagraph a. Commencing February 1, 2004,
1147	such audit shall be delivered to the governing body and to the
1148	chair of the legislative delegation of each authorizing county.
1149	6.  Notwithstanding any other provision of this section, a
1150	county shall not levy local option sales surtaxes authorized in
1151	this paragraph and subsections (2) and (3) in excess of a
1152	combined rate of 1 percent.
1153	(b)  Notwithstanding any other provision of this section,
1154	the governing body in each county the government of which is not
1155	consolidated with that of one or more municipalities and which
1156	has a population of less than 800,000 residents, may levy, by
1157	ordinance subject to approval by a majority of the electors of
1158	the county voting in a referendum, a discretionary sales surtax
1159	at a rate that may not exceed 0.25 percent for the sole purpose
1160	of funding trauma services provided by a trauma center licensed
1161	pursuant to chapter 395.
1162	1.  A statement that includes a brief and general
1163	description of the purposes to be funded by the surtax and that
1164	conforms to the requirements of ss. 101.162 and 101.164 s.
1165	101.161 shall be placed on the ballot by the governing body of
1166	the county. The following shall be placed on the ballot:
1167
1168	FOR THE. . . .CENTS TAX
1169	AGAINST THE. . . .CENTS TAX
1170
1171	2.  The ordinance adopted by the governing body of the
1172	county providing for the imposition of the surtax shall set
1173	forth a plan for providing trauma services to trauma victims
1174	presenting in the trauma service area in which such county is
1175	located.
1176	3.  Moneys collected pursuant to this paragraph remain the
1177	property of the state and shall be distributed by the Department
1178	of Revenue on a regular and periodic basis to the clerk of the
1179	circuit court as ex officio custodian of the funds of the
1180	authorizing county. The clerk of the circuit court shall:
1181	a.  Maintain the moneys in a trauma services trust fund.
1182	b.  Invest any funds held on deposit in the trust fund
1183	pursuant to general law.
1184	c.  Disburse the funds, including any interest earned on
1185	such funds, to the trauma center in its trauma service area, as
1186	provided in the plan set forth pursuant to subparagraph 2., upon
1187	directive from the authorizing county. If the trauma center
1188	receiving funds requests such funds be used to generate federal
1189	matching funds under Medicaid, the custodian of the funds shall
1190	instead issue a check to the Agency for Health Care
1191	Administration to accomplish that purpose to the extent that the
1192	agency is allowed through the General Appropriations Act.
1193	d.  Prepare on a biennial basis an audit of the trauma
1194	services trust fund specified in sub-subparagraph a., to be
1195	delivered to the authorizing county.
1196	4.  A discretionary sales surtax imposed pursuant to this
1197	paragraph shall expire 4 years after the effective date of the
1198	surtax, unless reenacted by ordinance subject to approval by a
1199	majority of the electors of the county voting in a subsequent
1200	referendum.
1201	5.  Notwithstanding any other provision of this section, a
1202	county shall not levy local option sales surtaxes authorized in
1203	this paragraph and subsections (2) and (3) in excess of a
1204	combined rate of 1 percent.
1205	(6)  SCHOOL CAPITAL OUTLAY SURTAX.--
1206	(b)  The resolution shall include a statement that provides
1207	a brief and general description of the school capital outlay
1208	projects to be funded by the surtax. The statement shall conform
1209	to the requirements of ss. 101.162 and 101.164 s. 101.161 and
1210	shall be placed on the ballot by the governing body of the
1211	county. The following question shall be placed on the ballot:
1212
	_____FOR THE _____CENTS TAX
1213
	_____AGAINST THE _____CENTS TAX
1214
1215	(7)  VOTER-APPROVED INDIGENT CARE SURTAX.--
1216	(b)  A statement that includes a brief and general
1217	description of the purposes to be funded by the surtax and that
1218	conforms to the requirements of ss. 101.162 and 101.164 s.
1219	101.161 shall be placed on the ballot by the governing body of
1220	the county. The following questions shall be placed on the
1221	ballot:
1222
1223	FOR THE. . . .CENTS TAX
1224	AGAINST THE. . . .CENTS TAX
1225	Section 16.  Paragraph (b) of subsection (4) of section
1226	1011.73, Florida Statutes, is amended to read:
1227	1011.73  District millage elections.--
1228	(4)  FORM OF BALLOT.--
1229	(b)  The district school board shall provide the wording of
1230	the substance of the measure and the ballot title in the
1231	resolution calling for the election. The wording of the ballot
1232	must conform to the provisions of ss. 101.162 and 101.164 s.
1233	101.161.
1234	Section 17.  Any signature gathered on an authorized form
1235	for an initiative petition that has been submitted for
1236	verification prior to the effective date of this act may be
1237	verified and counted if otherwise valid. However, any initiative
1238	petition form that is submitted for verification on or after the
1239	effective date of this act shall be verified and counted only if
1240	it complies with all the provisions of this act. Any initiative
1241	petition form approved by the Secretary of State prior to the
1242	effective date of this act is hereby invalidated, and a new
1243	petition form must be resubmitted to the Secretary of State for
1244	approval in accordance with the requirements of this act prior
1245	to obtaining elector signatures.
1246	Section 18.  Sections 101.161 and 106.191, Florida
1247	Statutes, are repealed.
1248	Section 19.  This act shall take effect October 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.