Florida Senate - 2019              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 7096
       Proposed Committee Substitute by the Committee on Appropriations
    1                        A bill to be entitled                      
    2         An act relating to constitutional amendments; amending
    3         s. 100.371, F.S.; requiring a compensated petition
    4         gatherer to register with the Secretary of State and
    5         to attest that he or she has been a Florida resident
    6         for a specified period and that he or she has not been
    7         convicted or found guilty of a crime involving fraud,
    8         dishonesty, or deceit; requiring the Secretary of
    9         State to maintain a searchable database of such forms;
   10         revising requirements regarding the supervisor of
   11         elections’ determination of a petition form’s
   12         validity; authorizing interested persons to submit
   13         position statements on initiatives for publication on
   14         the Department of State’s website; extending the
   15         timeframe for the Financial Impact Estimating
   16         Conference to complete its analysis of an initiative;
   17         requiring the analysis to summarize the impact to the
   18         state and local economies; requiring each supervisor
   19         to include a copy of the summary in the publication or
   20         mailing of a sample ballot; amending s. 101.161, F.S.;
   21         requiring the name of the sponsor of an initiative to
   22         appear on the ballot with the percentage of donations
   23         received from certain in-state donors; defining the
   24         term “person”; requiring a statement to appear on the
   25         ballot if the amendment is estimated to increase
   26         costs, decrease revenues, or have an indeterminate
   27         economic impact; amending s. 101.171, F.S.; requiring
   28         a copy of proposed amendments be provided in each
   29         voting booth; creating s. 104.186, F.S.; prohibiting
   30         compensation for initiative petition gatherers or
   31         entities based on the number of petitions gathered;
   32         providing a penalty; invalidating petitions that are
   33         unlawfully gathered; providing for application;
   34         providing effective dates.
   36  Be It Enacted by the Legislature of the State of Florida:
   38         Section 1. Present subsection (3) of section 100.371,
   39  Florida Statutes, is renumbered as subsection (4), present
   40  subsections (4) through (7) of that section are renumbered as
   41  subsections (6) through (9), respectively, new subsections (3)
   42  and (5) are added to that section, and present subsection (3),
   43  paragraphs (a) and (e) of present subsection (5), and present
   44  subsection (6) of that section are amended, to read:
   45         100.371 Initiatives; procedure for placement on ballot.—
   46         (3)(a)Before obtaining signatures for compensation, a
   47  petition gatherer must register with the Secretary of State on a
   48  form prepared by the secretary. To register, the registrant must
   49  provide:
   50         1. His or her name, date of birth, and residential address.
   51         2. An attestation that he or she has been a Florida
   52  resident for at least the preceding 29 days.
   53         3. An attestation that he or she has not been convicted or
   54  found guilty of, regardless of adjudication to, a felony in this
   55  state or any other state or of the United States of a crime
   56  involving fraud, dishonesty, or deceit.
   57         (b) The secretary shall maintain a searchable database of
   58  registered petition gatherers.
   59         (4) An initiative petition form circulated for signature
   60  may not be bundled with or attached to any other petition. Each
   61  signature shall be dated when made and shall be valid for a
   62  period of 2 years following such date, provided all other
   63  requirements of law are met. The sponsor shall submit signed and
   64  dated forms to the supervisor of elections for the county of
   65  residence listed by the person signing the form for verification
   66  of the number of valid signatures obtained. If a signature on a
   67  petition is from a registered voter in another county, the
   68  supervisor shall notify the petition sponsor of the misfiled
   69  petition. The supervisor shall promptly verify the signatures
   70  within 30 days after receipt of the petition forms and payment
   71  of the fee required by s. 99.097. The supervisor shall promptly
   72  record, in the manner prescribed by the Secretary of State, the
   73  date each form is received by the supervisor, and the date the
   74  signature on the form is verified as valid. The supervisor may
   75  verify that the signature on a form is valid only if:
   76         (a) The form contains the original signature of the
   77  purported elector.
   78         (b) The purported elector has accurately recorded on the
   79  form the date on which he or she signed the form.
   80         (c) The form sets forth the purported elector’s name,
   81  address, city, county, and voter registration number or date of
   82  birth.
   83         (d) The purported elector is, at the time he or she signs
   84  the form and at the time the form is verified, a duly qualified
   85  and registered elector in the state.
   86         (e) The petition gatherer who collected the petition is
   87  registered with the Secretary of State under subsection (3).
   89  The supervisor shall retain the signature forms for at least 1
   90  year following the election in which the issue appeared on the
   91  ballot or until the Division of Elections notifies the
   92  supervisors of elections that the committee that circulated the
   93  petition is no longer seeking to obtain ballot position.
   94         (5) Upon determining that a constitutional amendment
   95  proposed by initiative has met the requirements to be placed on
   96  the ballot, the Secretary of State shall allow any interested
   97  person to file a position statement of not more than 50 words
   98  outlining why the person supports or opposes the amendment. The
   99  secretary shall publish each position statement on the webpage
  100  for constitutional amendments on the department’s website.
  101         (7)(a)(5)(a) Within 60 45 days after receipt of a proposed
  102  revision or amendment to the State Constitution by initiative
  103  petition from the Secretary of State, the Financial Impact
  104  Estimating Conference shall complete an analysis and financial
  105  impact statement to be placed on the ballot of the estimated
  106  increase or decrease in any revenues or costs to state or local
  107  governments and the estimated economic impact on both the state
  108  and local economies resulting from the proposed initiative. The
  109  Financial Impact Estimating Conference shall submit the
  110  financial impact statement to the Attorney General and Secretary
  111  of State.
  112         (e)1. Any financial impact statement that the Supreme Court
  113  finds not to be in accordance with this subsection shall be
  114  remanded solely to the Financial Impact Estimating Conference
  115  for redrafting, provided the court’s advisory opinion is
  116  rendered at least 75 days before the election at which the
  117  question of ratifying the amendment will be presented. The
  118  Financial Impact Estimating Conference shall prepare and adopt a
  119  revised financial impact statement no later than 5 p.m. on the
  120  15th day after the date of the court’s opinion.
  121         2. If, by 5 p.m. on the 75th day before the election, the
  122  Supreme Court has not issued an advisory opinion on the initial
  123  financial impact statement prepared by the Financial Impact
  124  Estimating Conference for an initiative amendment that otherwise
  125  meets the legal requirements for ballot placement, the financial
  126  impact statement shall be deemed approved for placement on the
  127  ballot.
  128         3. In addition to the financial impact statement required
  129  by this subsection, the Financial Impact Estimating Conference
  130  shall draft an initiative financial information statement. The
  131  initiative financial information statement should describe in
  132  greater detail than the financial impact statement any projected
  133  increase or decrease in revenues or costs that the state or
  134  local governments would likely experience and the estimated
  135  economic impact on both the state and local economies if the
  136  ballot measure were approved. If appropriate, the initiative
  137  financial information statement may include both estimated
  138  dollar amounts and a description placing the estimated dollar
  139  amounts into context. The initiative financial information
  140  statement must include both a summary of not more than 500 words
  141  and additional detailed information that includes the
  142  assumptions that were made to develop the financial impacts,
  143  workpapers, and any other information deemed relevant by the
  144  Financial Impact Estimating Conference.
  145         4. The Department of State shall have printed, and shall
  146  furnish to each supervisor of elections, a copy of the summary
  147  from the initiative financial information statements. The
  148  supervisors shall have the summary from the initiative financial
  149  information statements available at each polling place and at
  150  the main office of the supervisor of elections upon request.
  151         5. The Secretary of State and the Office of Economic and
  152  Demographic Research shall make available on the Internet each
  153  initiative financial information statement in its entirety. In
  154  addition, each supervisor of elections whose office has a
  155  website shall post the summary from each initiative financial
  156  information statement on the website. Each supervisor shall
  157  include a copy of each summary from the initiative financial
  158  information statements and the Internet addresses for the
  159  information statements on the Secretary of State’s and the
  160  Office of Economic and Demographic Research’s websites in the
  161  publication or mailing required by s. 101.20.
  162         (8)(6) The Department of State may adopt rules in
  163  accordance with s. 120.54 to carry out the provisions of
  164  subsections (1)-(7) (1)-(5).
  165         Section 2. Subsection (1) of section 101.161, Florida
  166  Statutes, is amended to read:
  167         101.161 Referenda; ballots.—
  168         (1) Whenever a constitutional amendment or other public
  169  measure is submitted to the vote of the people, a ballot summary
  170  of such amendment or other public measure shall be printed in
  171  clear and unambiguous language on the ballot after the list of
  172  candidates, followed by the word “yes” and also by the word
  173  “no,” and shall be styled in such a manner that a “yes” vote
  174  will indicate approval of the proposal and a “no” vote will
  175  indicate rejection. The ballot summary of the amendment or other
  176  public measure and the ballot title to appear on the ballot
  177  shall be embodied in the constitutional revision commission
  178  proposal, constitutional convention proposal, taxation and
  179  budget reform commission proposal, or enabling resolution or
  180  ordinance. The ballot summary of the amendment or other public
  181  measure shall be an explanatory statement, not exceeding 75
  182  words in length, of the chief purpose of the measure. In
  183  addition, for every amendment proposed by initiative, the ballot
  184  shall include, following the ballot summary, in the following
  185  order:,
  186         (a) The name of the initiative’s sponsor and the percentage
  187  of total contributions obtained by the sponsor from in-state
  188  persons. For purposes of this subparagraph, the term “person”
  189  has the same meaning as provided in s. 106.011(14), except that
  190  the term does not include a political party, an affiliated party
  191  committee, or a political committee.
  192         (b) A separate financial impact statement concerning the
  193  measure prepared by the Financial Impact Estimating Conference
  194  in accordance with s. 100.371(7) s. 100.371(5).
  195         (c) If the financial impact statement estimates increased
  196  costs or decreased revenues, a range that includes increased
  197  costs or decreased revenues, or an indeterminate economic impact
  198  a statement in bold print describing the impact of the
  199  initiative on both the state and local economies.
  201  The ballot title shall consist of a caption, not exceeding 15
  202  words in length, by which the measure is commonly referred to or
  203  spoken of. This subsection does not apply to constitutional
  204  amendments or revisions proposed by joint resolution.
  205         Section 3. Section 101.171, Florida Statutes, is amended to
  206  read:
  207         101.171 Copy of constitutional amendment to be available at
  208  voting locations.—Whenever any amendment to the State
  209  Constitution is to be voted upon at any election, the Department
  210  of State shall have printed and shall furnish to each supervisor
  211  of elections a sufficient number of copies of the amendment
  212  either in poster or booklet form, and the supervisor shall have
  213  a copy thereof conspicuously posted or available at each voting
  214  booth polling room or early voting area upon the day of
  215  election.
  216         Section 4. Effective 41 days after the effective date of
  217  this act, section 104.186, Florida Statutes, is created to read:
  218         104.186 Initiative petitions; prohibition on compensation
  219  based on the number of petitions gathered.—A person who
  220  compensates an initiative petition gatherer or entity based on
  221  the number of petitions gathered commits a misdemeanor of the
  222  first degree, punishable as provided in s. 775.082 or s.
  223  775.083. A petition gathered in violation of this section is
  224  void.
  225         Section 5. The provisions of this act apply to all
  226  revisions or amendments to the State Constitution by initiative
  227  which are proposed for the 2020 election ballot; however, this
  228  act does not affect the validity of any petition gathered before
  229  or within 40 days after this act’s effective date.
  230         Section 6. Except as otherwise expressly provided in this
  231  act, this act shall take effect upon becoming a law.