Florida Senate - 2019                   (PROPOSED BILL) SPB 7096
       FOR CONSIDERATION By the Committee on Judiciary
       590-03536A-19                                         20197096pb
    1                        A bill to be entitled                      
    2         An act relating to constitutional amendments; amending
    3         s. 100.371, F.S.; requiring a petition gatherer to
    4         register with the Secretary of State and attest that
    5         he or she is a Florida resident before obtaining
    6         signatures on petition forms; revising requirements
    7         regarding the supervisor of elections’ determination
    8         of a petition form’s validity; authorizing interested
    9         persons to submit position statements on initiatives
   10         for publication on the Department of State’s website;
   11         extending the timeframe for the Financial Impact
   12         Estimating Conference to complete its analysis of an
   13         initiative; requiring the analysis to summarize the
   14         impact to the state and local economy; requiring each
   15         supervisor to include a copy of the summary in the
   16         publication or mailing of a sample ballot; amending s.
   17         101.161, F.S.; requiring the name of the sponsor of an
   18         initiative to appear on the ballot with the percentage
   19         of donations received from certain in-state donors;
   20         defining the term “person”; requiring a statement to
   21         appear on the ballot if the amendment is estimated to
   22         increase costs, decrease revenues, or have an
   23         indeterminate economic impact; requiring a statement
   24         to appear on the ballot indicating whether the policy
   25         proposed by the initiative can be implemented by the
   26         Legislature; requiring the Attorney General to make
   27         specified requests of the Supreme Court relating to
   28         proposed amendments by initiative; amending s.
   29         101.171, F.S.; requiring a copy of proposed amendments
   30         be provided in each voting booth; creating s. 104.186,
   31         F.S.; prohibiting compensation for initiative petition
   32         gatherers based on the number of petitions gathered;
   33         providing a penalty; providing for application;
   34         providing an effective date.
   36  Be It Enacted by the Legislature of the State of Florida:
   38         Section 1. Present subsections (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, present subsections
   42  (3) and (6) and paragraphs (a) and (e) of present subsection (5)
   43  of that section are amended, and new subsections (3) and (5) are
   44  added to that section, to read:
   45         100.371 Initiatives; procedure for placement on ballot.—
   46         (3) Before obtaining signatures, a petition gatherer must
   47  register with the Secretary of State. The registrant must
   48  provide his or her name, date of birth, residential address, and
   49  attestation that he or she is a Florida resident. The secretary
   50  shall maintain a searchable database of registered petition
   51  gatherers.
   52         (4) An initiative petition form circulated for signature
   53  may not be bundled with or attached to any other petition. Each
   54  signature shall be dated when made and shall be valid for a
   55  period of 2 years following such date, provided all other
   56  requirements of law are met. The sponsor shall submit signed and
   57  dated forms to the supervisor of elections for the county of
   58  residence listed by the person signing the form for verification
   59  of the number of valid signatures obtained. If a signature on a
   60  petition is from a registered voter in another county, the
   61  supervisor shall notify the petition sponsor of the misfiled
   62  petition. The supervisor shall promptly verify the signatures
   63  within 30 days after receipt of the petition forms and payment
   64  of the fee required by s. 99.097. The supervisor shall promptly
   65  record, in the manner prescribed by the Secretary of State, the
   66  date each form is received by the supervisor, and the date the
   67  signature on the form is verified as valid. The supervisor may
   68  verify that the signature on a form is valid only if:
   69         (a) The form contains the original signature of the
   70  purported elector.
   71         (b) The purported elector has accurately recorded on the
   72  form the date on which he or she signed the form.
   73         (c) The form sets forth the purported elector’s name,
   74  address, city, county, and voter registration number or date of
   75  birth.
   76         (d) The purported elector is, at the time he or she signs
   77  the form and at the time the form is verified, a duly qualified
   78  and registered elector in the state.
   79         (e) The petition gatherer who collected the petition is
   80  registered with the Secretary of State under subsection (3).
   82  The supervisor shall retain the signature forms for at least 1
   83  year following the election in which the issue appeared on the
   84  ballot or until the Division of Elections notifies the
   85  supervisors of elections that the committee that circulated the
   86  petition is no longer seeking to obtain ballot position.
   87         (5) Upon determining that a constitutional amendment
   88  proposed by initiative has met the requirements to be placed on
   89  the ballot, the Secretary of State shall allow any interested
   90  person to file a position statement of no more than 50 words
   91  outlining why the person supports or opposes the amendment. The
   92  secretary shall publish each position statement on the webpage
   93  for constitutional amendments on the department’s website.
   94         (6)(4) The Secretary of State shall determine from the
   95  signatures verified by the supervisors of elections the total
   96  number of verified valid signatures and the distribution of such
   97  signatures by congressional districts. Upon a determination that
   98  the requisite number and distribution of valid signatures have
   99  been obtained, the secretary shall issue a certificate of ballot
  100  position for that proposed amendment and shall assign a
  101  designating number pursuant to s. 101.161.
  102         (7)(a)(5)(a) Within 60 45 days after receipt of a proposed
  103  revision or amendment to the State Constitution by initiative
  104  petition from the Secretary of State, the Financial Impact
  105  Estimating Conference shall complete an analysis and financial
  106  impact statement to be placed on the ballot of the estimated
  107  increase or decrease in any revenues or costs to state or local
  108  governments and the estimated economic impact on the state and
  109  local economy resulting from the proposed initiative. The
  110  Financial Impact Estimating Conference shall submit the
  111  financial impact statement to the Attorney General and Secretary
  112  of State.
  113         (e)1. Any financial impact statement that the Supreme Court
  114  finds not to be in accordance with this subsection shall be
  115  remanded solely to the Financial Impact Estimating Conference
  116  for redrafting, provided the court’s advisory opinion is
  117  rendered at least 75 days before the election at which the
  118  question of ratifying the amendment will be presented. The
  119  Financial Impact Estimating Conference shall prepare and adopt a
  120  revised financial impact statement no later than 5 p.m. on the
  121  15th day after the date of the court’s opinion.
  122         2. If, by 5 p.m. on the 75th day before the election, the
  123  Supreme Court has not issued an advisory opinion on the initial
  124  financial impact statement prepared by the Financial Impact
  125  Estimating Conference for an initiative amendment that otherwise
  126  meets the legal requirements for ballot placement, the financial
  127  impact statement shall be deemed approved for placement on the
  128  ballot.
  129         3. In addition to the financial impact statement required
  130  by this subsection, the Financial Impact Estimating Conference
  131  shall draft an initiative financial information statement. The
  132  initiative financial information statement should describe in
  133  greater detail than the financial impact statement any projected
  134  increase or decrease in revenues or costs that the state or
  135  local governments would likely experience and the estimated
  136  economic impact on the state and local economy if the ballot
  137  measure were approved. If appropriate, the initiative financial
  138  information statement may include both estimated dollar amounts
  139  and a description placing the estimated dollar amounts into
  140  context. The initiative financial information statement must
  141  include both a summary of not more than 500 words and additional
  142  detailed information that includes the assumptions that were
  143  made to develop the financial impacts, workpapers, and any other
  144  information deemed relevant by the Financial Impact Estimating
  145  Conference.
  146         4. The Department of State shall have printed, and shall
  147  furnish to each supervisor of elections, a copy of the summary
  148  from the initiative financial information statements. The
  149  supervisors shall have the summary from the initiative financial
  150  information statements available at each polling place and at
  151  the main office of the supervisor of elections upon request.
  152         5. The Secretary of State and the Office of Economic and
  153  Demographic Research shall make available on the Internet each
  154  initiative financial information statement in its entirety. In
  155  addition, each supervisor of elections whose office has a
  156  website shall post the summary from each initiative financial
  157  information statement on the website. Each supervisor shall
  158  include a copy of each summary from the initiative financial
  159  information statements and the Internet addresses for the
  160  information statements on the Secretary of State’s and the
  161  Office of Economic and Demographic Research’s websites in the
  162  publication or mailing required by s. 101.20.
  163         (8)(6) The Department of State may adopt rules in
  164  accordance with s. 120.54 to carry out the provisions of
  165  subsections (1)-(7) (1)-(5).
  166         (9)(7) No provision of this code shall be deemed to
  167  prohibit a private person exercising lawful control over
  168  privately owned property, including property held open to the
  169  public for the purposes of a commercial enterprise, from
  170  excluding from such property persons seeking to engage in
  171  activity supporting or opposing initiative amendments.
  172         Section 2. Subsection (1) of section 101.161, Florida
  173  Statutes, is amended to read:
  174         101.161 Referenda; ballots.—
  175         (1)(a) Whenever a constitutional amendment or other public
  176  measure is submitted to the vote of the people, a ballot summary
  177  of such amendment or other public measure shall be printed in
  178  clear and unambiguous language on the ballot after the list of
  179  candidates, followed by the word “yes” and also by the word
  180  “no,” and shall be styled in such a manner that a “yes” vote
  181  will indicate approval of the proposal and a “no” vote will
  182  indicate rejection. The ballot summary of the amendment or other
  183  public measure and the ballot title to appear on the ballot
  184  shall be embodied in the constitutional revision commission
  185  proposal, constitutional convention proposal, taxation and
  186  budget reform commission proposal, or enabling resolution or
  187  ordinance. The ballot summary of the amendment or other public
  188  measure shall be an explanatory statement, not exceeding 75
  189  words in length, of the chief purpose of the measure. In
  190  addition, for every amendment proposed by initiative, the ballot
  191  shall include, following the ballot summary, in the following
  192  order:,
  193         1. The name of the initiative’s sponsor and the percentage
  194  of total contributions obtained by the sponsor from in-state
  195  persons. For purposes of this subparagraph, the term “person”
  196  has the same meaning as provided in s. 106.011(14), except that
  197  the term does not include a political party, an affiliated party
  198  committee, or a political committee.
  199         2. A separate financial impact statement concerning the
  200  measure prepared by the Financial Impact Estimating Conference
  201  in accordance with s. 100.371(7). s. 100.371(5)
  202         3. If the financial impact statement estimates increased
  203  costs or decreased revenues, a range that includes increased
  204  costs or decreased revenues, or an indeterminate economic
  205  impact, the following statement in bold print:
  214         4. The following question, with an accompanying yes or no
  215  answer provided by the Supreme Court pursuant to subparagraph
  216  (b)1.:
  220         AMENDMENT?
  222  The ballot title shall consist of a caption, not exceeding 15
  223  words in length, by which the measure is commonly referred to or
  224  spoken of. This paragraph subsection does not apply to
  225  constitutional amendments or revisions proposed by joint
  226  resolution.
  227         (b) When the Attorney General requests an advisory opinion
  228  of the Supreme Court to review a proposed constitutional
  229  amendment, the Attorney General shall include a request for the
  230  Court to:
  231         1. Address whether the proposed policy can be implemented
  232  by the Legislature without the need for a constitutional
  233  amendment and indicate a yes or no answer, which must be printed
  234  on the ballot summary.
  235         2. Identify any undefined terms within the proposed
  236  amendment which will have a substantive impact.
  237         Section 3. Section 101.171, Florida Statutes, is amended to
  238  read:
  239         101.171 Copy of constitutional amendment to be available at
  240  voting locations.—Whenever any amendment to the State
  241  Constitution is to be voted upon at any election, the Department
  242  of State shall have printed and shall furnish to each supervisor
  243  of elections a sufficient number of copies of the amendment
  244  either in poster or booklet form, and the supervisor shall have
  245  a copy thereof conspicuously posted or available at each voting
  246  booth polling room or early voting area upon the day of
  247  election.
  248         Section 4. Section 104.186, Florida Statutes, is created to
  249  read:
  250         104.186 Initiative petitions; prohibition on compensation
  251  based on the number of petitions gathered.—A person who
  252  compensates an initiative petition gatherer based on the number
  253  of petitions gathered commits a misdemeanor of the first degree,
  254  punishable as provided in s. 775.082 or s. 775.083.
  255         Section 5. The provisions of this act apply to all
  256  revisions or amendments to the State Constitution by initiative
  257  which are proposed for the 2020 election ballot; however, this
  258  act does not affect the validity of any petition gathered before
  259  this act’s effective date.
  260         Section 6. This act shall take effect upon becoming a law.