Bill Text: FL S1504 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Initiative Petitions

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1504 Detail]

Download: Florida-2011-S1504-Introduced.html

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       Florida Senate - 2011                                    SB 1504
       
       
       
       By Senator Simmons
       
       
       
       
       22-01029A-11                                          20111504__
    1                        A bill to be entitled                      
    2         An act relating to initiative petitions; amending s.
    3         100.371, F.S.; limiting the validity of a signed
    4         initiative petition to 30 months; creating s. 100.372,
    5         F.S.; providing definitions; specifying qualifications
    6         for a person to act as a paid petition circulator;
    7         prohibiting a petition circulator from receiving
    8         compensation based on the number of signatures
    9         obtained on an initiative petition; requiring the
   10         initiative petition forms used by a paid petition
   11         circulator to identify the name of the paid petition
   12         circulator; requiring a person seeking employment with
   13         an initiative sponsor as a paid petition circulator to
   14         sign an affidavit stating that the person has not been
   15         convicted of, or entered a plea of nolo contendere to,
   16         a criminal offense involving fraud, forgery, or
   17         identity theft in any jurisdiction within a certain
   18         period; subjecting a petition circulator or an
   19         initiative sponsor to criminal penalties for violating
   20         specified restrictions or requirements; prohibiting an
   21         initiative sponsor from compensating a petition
   22         circulator based on the number of signatures obtained
   23         on an initiative petition; authorizing the Department
   24         of State to adopt rules; amending s. 101.161, F.S.;
   25         requiring the Secretary of State to revise the wording
   26         of the ballot title or ballot summary for an amendment
   27         to the State Constitution proposed by the Legislature
   28         when the wording is found by a court to be confusing,
   29         misleading, or otherwise deficient; requiring the
   30         Secretary of State to place the revised ballot title
   31         or ballot summary on the ballot if the court’s
   32         decision is not reversed; making technical and
   33         grammatical changes; amending s. 104.185, F.S.;
   34         subjecting a person to criminal penalties for altering
   35         a signed initiative petition without the knowledge and
   36         consent of the person who signed the initiative
   37         petition; amending ss. 15.21, 16.061, and 1011.73,
   38         F.S.; replacing the term “substance” with “ballot
   39         summary” to conform to changes made by the act;
   40         providing for severability; providing an effective
   41         date.
   42  
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Subsection (3) of section 100.371, Florida
   46  Statutes, is amended to read:
   47         100.371 Initiatives; procedure for placement on ballot.—
   48         (3) An initiative petition form circulated for signature
   49  may not be bundled with or attached to any other petition. Each
   50  signature must shall be dated when made and shall be valid for a
   51  period of 30 months 4 years following such date, provided all
   52  other requirements of law are met. The sponsor shall submit
   53  signed and dated forms to the appropriate supervisor of
   54  elections for verification as to the number of registered
   55  electors whose valid signatures appear thereon. The supervisor
   56  shall promptly verify the signatures within 30 days after of
   57  receipt of the petition forms and payment of the fee required by
   58  s. 99.097. The supervisor shall promptly record, in the manner
   59  prescribed by the Secretary of State, the date each form is
   60  received by the supervisor, and the date the signature on the
   61  form is verified as valid. The supervisor may verify that the
   62  signature on a form is valid only if:
   63         (a) The form contains the original signature of the
   64  purported elector.
   65         (b) The purported elector has accurately recorded on the
   66  form the date on which he or she signed the form.
   67         (c) The form accurately sets forth the purported elector’s
   68  name, street address, county, and voter registration number or
   69  date of birth.
   70         (d) The purported elector is, at the time he or she signs
   71  the form, a duly qualified and registered elector authorized to
   72  vote in the county in which his or her signature is submitted.
   73  
   74  The supervisor shall retain the signature forms for at least 1
   75  year following the election in which the issue appeared on the
   76  ballot or until the Division of Elections notifies the
   77  supervisors of elections that the committee which circulated the
   78  petition is no longer seeking to obtain ballot position.
   79         Section 2. Section 100.372, Florida Statutes, is created to
   80  read:
   81         100.372 Regulation of initiative petition circulators.—
   82         (1) DEFINITIONS.—As used in this section, the term:
   83         (a) “Initiative sponsor” means the political committee
   84  registered pursuant to s. 106.03 which has submitted the text of
   85  a proposed amendment to the State Constitution to the Secretary
   86  of State.
   87         (b) “Petition circulator” means a person who, in the
   88  context of direct, face-to-face conversation, presents an
   89  initiative petition form to another person for their possible
   90  signature.
   91         (c) “Paid petition circulator” means a petition circulator
   92  who, directly or indirectly, receives compensation for acting as
   93  a petition circulator.
   94         (2) QUALIFICATIONS OF PAID PETITION CIRCULATORS.—
   95         (a) A paid petition circulator must be at least 18 years of
   96  age and eligible to register to vote in this state pursuant to
   97  s. 97.041.
   98         (b) A person may not act as a paid petition circulator for
   99  a period of 5 years following the date of a conviction of, or a
  100  plea of nolo contendere to, a criminal offense involving fraud,
  101  forgery, or identity theft in any jurisdiction.
  102         (c) A person must carry identification while acting as a
  103  paid petition circulator.
  104         (3) COMPENSATION OF PETITION CIRCULATORS.—A petition
  105  circulator may not receive compensation that is, directly or
  106  indirectly, based on the number of signatures he or she obtains
  107  on an initiative petition.
  108         (4) INITIATIVE PETITION FORMS.—Every initiative petition
  109  form presented by a paid petition circulator to obtain another
  110  person’s signature must legibly identify the name of the paid
  111  petition circulator.
  112         (5) RESPONSIBILITIES OF INITIATIVE SPONSORS.—
  113         (a) The sponsor of an initiative may not, directly or
  114  indirectly, employ a person as a paid petition circulator unless
  115  the person has signed an affidavit stating that the person has
  116  not been convicted of, or entered a plea of nolo contendere to,
  117  a criminal offense involving fraud, forgery, or identity theft
  118  in any jurisdiction in the preceding 5 years.
  119         (b) The sponsor of an initiative must maintain the names,
  120  addresses, and affidavits of paid petition circulators for at
  121  least 4 years.
  122         (c) The sponsor of an initiative may not, directly or
  123  indirectly, compensate a petition circulator based on the number
  124  of signatures the petition circulator obtains on an initiative
  125  petition.
  126         (6) CRIMINAL PENALTIES.—A person who violates this section
  127  commits a misdemeanor of the first degree, punishable as
  128  provided in s. 775.082 or s. 775.083.
  129         (7) RULEMAKING.—The Department of State may adopt rules to
  130  administer this section.
  131         Section 3. Section 101.161, Florida Statutes, is amended to
  132  read:
  133         101.161 Referenda; ballots.—
  134         (1)(a) Whenever a constitutional amendment or other public
  135  measure is submitted to a the vote of the electors, the ballot
  136  shall contain a ballot summary and ballot title for the people,
  137  the substance of such amendment or other public measure. The
  138  ballot summary shall provide an explanatory statement of the
  139  chief purpose of the measure shall be printed in clear and
  140  unambiguous language. The ballot summary on the ballot after the
  141  list of candidates, followed by the word “yes” and also by the
  142  word “no,” and shall be styled in such a manner that a “yes”
  143  vote will indicate approval of the proposal and a “no” vote will
  144  indicate rejection. The ballot title shall be a caption by which
  145  the measure is commonly known.
  146         (b) The ballot title and ballot summary for an wording of
  147  the substance of the amendment or other public measure and the
  148  ballot title to appear on the ballot shall be embodied in the
  149  joint resolution, constitutional revision commission proposal,
  150  constitutional convention proposal, taxation and budget reform
  151  commission proposal, or enabling resolution or ordinance.
  152         (c) A ballot title may not exceed 15 words. Except for
  153  ballot summaries for amendments and ballot language proposed by
  154  joint resolution, the ballot summary for an substance of the
  155  amendment or other public measure may not exceed shall be an
  156  explanatory statement, not exceeding 75 words in length, of the
  157  chief purpose of the measure. In addition, for every amendment
  158  proposed by initiative, the ballot shall include, following the
  159  ballot summary, a separate financial impact statement concerning
  160  the measure prepared by the Financial Impact Estimating
  161  Conference in accordance with s. 100.371(5).
  162         (d) A deficiency in the ballot title or ballot summary for
  163  an amendment to the State Constitution proposed by a joint
  164  resolution of the Legislature is not grounds for a court to
  165  order the removal of the proposed amendment from the ballot. If
  166  a court finds that the ballot title or ballot summary for the
  167  amendment is confusing, misleading, or otherwise deficient, the
  168  court shall specifically identify the confusing, misleading, or
  169  deficient wording in a written decision. In addition to pursuing
  170  other remedies or procedures to reverse the decision of the
  171  court, the Secretary of State shall revise the ballot title or
  172  ballot summary of the proposed amendment that was found by the
  173  court to be confusing, misleading, or deficient. The Secretary
  174  of State shall place the revised ballot title or ballot summary
  175  for the amendment on the ballot if the judicial decision is not
  176  reversed. The ballot title shall consist of a caption, not
  177  exceeding 15 words in length, by which the measure is commonly
  178  referred to or spoken of.
  179         (2)(a) The substance and ballot title and ballot summary of
  180  a constitutional amendment proposed by initiative shall be
  181  prepared by the sponsor and approved by the Secretary of State
  182  in accordance with rules adopted pursuant to s. 120.54.
  183         (b) For every amendment proposed by initiative, the ballot
  184  shall include, following the ballot summary, a separate
  185  financial impact statement concerning the measure prepared by
  186  the Financial Impact Estimating Conference in accordance with s.
  187  100.371(5).
  188         (3)(a) The Department of State shall give each proposed
  189  constitutional amendment a designating number for convenient
  190  reference. This number designation shall appear on the ballot.
  191  Designating numbers shall be assigned in the order of filing or
  192  certification and in accordance with rules adopted by the
  193  Department of State. The Department of State shall furnish the
  194  designating number, the ballot title, and the ballot summary
  195  substance of each amendment to the supervisor of elections of
  196  each county in which such amendment is to be voted on.
  197         (b) A proposed constitutional amendment or other public
  198  measure submitted to a vote of the electors shall be placed on
  199  the ballot after the list of candidates, followed by the word
  200  “yes” and also by the word “no.” A “yes” vote will indicate
  201  approval of the proposal and a “no” vote will indicate
  202  rejection.
  203         (4)(3)(a) For any general election in which the Secretary
  204  of State, for any circuit, or the supervisor of elections, for
  205  any county, has certified the ballot position for an initiative
  206  to change the method of selection of judges, the ballot for any
  207  circuit must contain the statement in paragraph (b) or paragraph
  208  (c) and the ballot for any county must contain the statement in
  209  paragraph (d) or paragraph (e).
  210         (b) In any circuit where the initiative is to change the
  211  selection of circuit court judges to selection by merit
  212  selection and retention, the ballot shall state: “Shall the
  213  method of selecting circuit court judges in the ...(number of
  214  the circuit)... judicial circuit be changed from election by a
  215  vote of the people to selection by the judicial nominating
  216  commission and appointment by the Governor with subsequent terms
  217  determined by a retention vote of the people?” This statement
  218  must be followed by the word “yes” and also by the word “no.”
  219         (c) In any circuit where the initiative is to change the
  220  selection of circuit court judges to election by the voters, the
  221  ballot shall state: “Shall the method of selecting circuit court
  222  judges in the ...(number of the circuit)... judicial circuit be
  223  changed from selection by the judicial nominating commission and
  224  appointment by the Governor with subsequent terms determined by
  225  a retention vote of the people to election by a vote of the
  226  people?” This statement must be followed by the word “yes” and
  227  also by the word “no.”
  228         (d) In any county where the initiative is to change the
  229  selection of county court judges to merit selection and
  230  retention, the ballot shall state: “Shall the method of
  231  selecting county court judges in ...(name of county)... be
  232  changed from election by a vote of the people to selection by
  233  the judicial nominating commission and appointment by the
  234  Governor with subsequent terms determined by a retention vote of
  235  the people?” This statement must be followed by the word “yes”
  236  and also by the word “no.”
  237         (e) In any county where the initiative is to change the
  238  selection of county court judges to election by the voters, the
  239  ballot shall state: “Shall the method of selecting county court
  240  judges in ...(name of the county)... be changed from selection
  241  by the judicial nominating commission and appointment by the
  242  Governor with subsequent terms determined by a retention vote of
  243  the people to election by a vote of the people?” This statement
  244  must be followed by the word “yes” and also by the word “no.”
  245         Section 4. Section 104.185, Florida Statutes, is amended to
  246  read:
  247         104.185 Offenses relating to petitions; knowingly signing
  248  more than once; signing another person’s name or a fictitious
  249  name.—
  250         (1) A person who knowingly signs a petition or petitions
  251  for a candidate, a minor political party, or an issue more than
  252  one time commits a misdemeanor of the first degree, punishable
  253  as provided in s. 775.082 or s. 775.083.
  254         (2) A person who signs another person’s name or a
  255  fictitious name to any petition to secure ballot position for a
  256  candidate, a minor political party, or an issue commits a
  257  misdemeanor of the first degree, punishable as provided in s.
  258  775.082 or s. 775.083.
  259         (3) A person who alters an initiative petition that has
  260  been signed by another person, without the other person’s
  261  knowledge or consent, commits a misdemeanor of the first degree,
  262  punishable as provided in s. 775.082 or s. 775.083.
  263         Section 5. Subsection (2) of section 15.21, Florida
  264  Statutes, is amended to read:
  265         15.21 Initiative petitions; s. 3, Art. XI, State
  266  Constitution.—The Secretary of State shall immediately submit an
  267  initiative petition to the Attorney General and to the Financial
  268  Impact Estimating Conference if the sponsor has:
  269         (2) Submitted the ballot title, ballot summary substance,
  270  and text of the proposed revision or amendment to the Secretary
  271  of State pursuant to ss. 100.371 and 101.161; and
  272         Section 6. Subsection (1) of section 16.061, Florida
  273  Statutes, is amended to read:
  274         16.061 Initiative petitions.—
  275         (1) The Attorney General shall, within 30 days after
  276  receipt of a proposed revision or amendment to the State
  277  Constitution by initiative petition from the Secretary of State,
  278  petition the Supreme Court, requesting an advisory opinion
  279  regarding the compliance of the text of the proposed amendment
  280  or revision with s. 3, Art. XI of the State Constitution and the
  281  compliance of the proposed ballot title and ballot summary
  282  substance with s. 101.161. The petition may enumerate any
  283  specific factual issues that the Attorney General believes would
  284  require a judicial determination.
  285         Section 7. Paragraph (b) of subsection (4) of section
  286  1011.73, Florida Statutes, is amended to read:
  287         1011.73 District millage elections.—
  288         (4) FORM OF BALLOT.—
  289         (b) The district school board shall provide the wording of
  290  the substance of the measure and the ballot title and the ballot
  291  summary in the resolution calling for the election. The wording
  292  of the ballot must conform to the provisions of s. 101.161.
  293         Section 8. If any provision of this act or its application
  294  to any person or circumstance is held invalid, the invalidity
  295  does not affect other provisions or applications of the act
  296  which can be given effect without the invalid provision or
  297  application, and to this end the provisions of this act are
  298  severable.
  299         Section 9. This act shall take effect July 1, 2011.