HB 7111 — Constitutional Amendments

hb7111-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7111 2019 (c) For an amendment proposed by the taxation and budget reform commission, an estimate provided in the commission proposal filed with the records custodian;

(d) For an amendment proposed by constitutional convention, an estimate provided with the proposed revision filed with the records custodian;

or (e) For an amendment proposed by the legislature, the financial impact as included in the staff analysis of the joint resolution proposing the amendment.

(28) "Petition circulator" means an entity or individual who collects signatures for the purpose of qualifying a proposed constitutional amendment for ballot placement.

Section 2.

Subsections (3), (4), (5), (6), and (7) of section 100.371, Florida Statutes, are renumbered as subsections (9), (12), (14), (15), and (16), respectively, paragraphs (a), (b), (c), and (e) of present subsection (5) and present subsection (6) are amended, and new subsections (3), (4), (5), (6), (7), (8), (10), (11), and (13) and new paragraphs (e) and (f) of present subsection (3) are added to that section, to read:

procedure for placement on ballot.— (3) PriorBefore to obtaining signatures, a petitionsignature, circulatorthe sponsor of an initiative amendment must register with the Secretary of State.

The registrantsponsor must provideprovide, hisin oran herelectronic name,format, datethe offollowing birth,information: residential address, and attestation that he or she is a Florida resident.

ThePage secretary4 shall maintain a searchable database of registered19 petition-CODING: circulators.

(4)(3) An initiative petition form circulated for signature may not be bundled with or attached to any other petition.

Each signature shall be dated when made and shall be valid for a period of 2 years following such date, provided all Page 2 of 10 CODING:

hb7111-00hb7111-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7111 2019 other(a) requirementsThe ofsponsor's lawname. are met.

(b) If the sponsor is an organization, the names of the organization's officers, the organization's permanent address, and the organization's registered agent in the state.

(c) For each petition circulator used by the sponsor to collect petition forms, the person's name, date of birth, permanent address, and temporary address.

(d) A sworn statement from each petition circulator used by the sponsor stating that he or she will obey all applicable state laws and rules.

Such statement must be on a form containing notice of applicable penalties.

(4) The division or the supervisor of elections shall make petition forms available to registered sponsors.

All such forms must contain information identifying the sponsor to which the forms are provided.

The division shall maintain a database of all registered sponsors and the petition forms assigned to each sponsor.

Each supervisor of elections shall provide to the division information on petition forms assigned to and received from sponsors.

The information must be provided in a format and at times as required by the division by rule.

The division must update information on petition forms daily and make the information publicly available.

(5)(a) A sponsor that collects petition forms or uses a petition circulator to collect petition forms serves as a fiduciary to the elector signing the petition form, ensuring Page 5 of 19 CODING:

Words stricken are deletions;

words underlined are additions.

hb7111-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7111 2019 that any petition form entrusted to the sponsor shall be promptly delivered to the supervisor of elections within 10 days after the elector signs the form.

If a petition form collected by any sponsor or by any sponsor's petition circulator is not promptly delivered to the supervisor of elections, the sponsor is liable for the following fines:

1.

A fine in the amount of $50 for each petition form received by the supervisor of elections more than 10 days after the elector signed the petition form or the next business day, if the office is closed.

A fine in the amount of $250 for each petition form received if the sponsor or person, entity, or agent acting on its behalf acted willfully.

2.

A fine in the amount of $500 for each petition form collected by a sponsor or any person, entity, or agent acting on its behalf, which is not submitted to the supervisor of elections.

A fine in the amount of $1,000 for any petition form not submitted if the sponsor or person, entity, or agent acting on its behalf acted willfully.

The aggregate fine pursuant to this paragraph which may be assessed against a sponsor, including affiliate organizations, for violations committed in a calendar year is $1,000.

(b) A showing by the sponsor that the failure to deliver the petition form within the required timeframe is based upon force majeure or impossibility of performance is an affirmative Page 6 of 19 CODING:

Words stricken are deletions;

words underlined are additions.

hb7111-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7111 2019 defense to a violation of this subsection.

The fines described in this subsection may be waived upon a showing that the failure to deliver the petition form promptly is based upon force majeure or impossibility of performance.

(6) If the Secretary of State reasonably believes that a person or entity has committed a violation of this section, the secretary may refer the matter to the Attorney General for enforcement.

The Attorney General may institute a civil action for a violation of this section or to prevent a violation of this section.

An action for relief may include a permanent or temporary injunction, a restraining order, or any other appropriate order.

(7) The division shall adopt by rule a complaint form for an elector who claims to have had his or her signature misrepresented or forged, or not delivered to the supervisor by a sponsor.

The division shall also adopt rules to ensure the integrity of the petition form gathering process, including rules requiring sponsors to account for all petition forms used by their agents.

Such rules may require a sponsor to provide sponsor identification and form specific identification information on each petition form as determined by the department as needed to assist in the accounting of petition forms.

(8) The date on which an elector signs a petition form is presumed to be the date on which the sponsor received or Page 7 of 19 CODING:

Words stricken are deletions;

words underlined are additions.

hb7111-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7111 2019 collected the petition form.

(9)(3) An initiative petition form circulated for signature may not be bundled with or attached to any other petition.

Each signature shall be dated when made and shall be valid for a period of 2 years following such date, provided all other requirements of law are met.

(e) The petitionsponsor circulator who collected the petition form is registered with the Secretary of State under subsection (3).

(f) The supervisorpetition shallis retainsubmitted theto signature forms for at least 1 year following the electionsupervisor inwithin which10 thedays issue appeared on the ballot or until the Division of Electionsa notifiesqualified theelector supervisorssigning of elections that the committeepetition. that circulated the petition is no longer seeking to obtain ballot position.

(5)The Uponsupervisor determiningshall thatretain a constitutional amendment proposed by initiative has met the requirementssignature toforms befor placedat onleast 1 Page 38 of 1019 CODING:

hb7111-00hb7111-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7111 2019 theyear ballot,following the Secretaryelection ofin Statewhich shallthe allowissue anyappeared interestedon personthe toballot fileor auntil positionthe statementDivision of noElections morenotifies thanthe 50supervisors wordsof outliningelections whythat the personcommittee supportsthat orcirculated opposes the amendment.petition is no longer seeking to obtain ballot position.

The(10) secretaryIf shalla publishpetition eachform positionsigned statementby ona qualified elector is invalid solely because of the webpagesponsor's forfailure constitutionalto amendmentsregister onunder subsection (3) or because the department'spetition website.was not submitted within 10 days, the supervisor shall:

(7)(5)(a)(a) WithinImmediately 60notify 45 days after receipt of a proposed revision or amendment to the Statequalified Constitutionelector by initiative petition from the Secretary of State, the Financialinvalidity Impact Estimating Conference shall complete an analysis and financial impact statement to be placed on the ballot of thehis estimated increase or decreaseher insignature. any revenues or costs to state or local governments and estimated economic impact on the state and local economy resulting from the proposed initiative.

(b) Allow the qualified elector to submit a new petition form directly to the supervisor.

If the new form is submitted within the timeframes otherwise required by law and is otherwise valid, the supervisor shall consider the signature valid.

(11) At the same time a sponsor submits a petition form to the supervisor of elections, the sponsor must disclose whether an out-of-state petition circulator was used to collect a petition.

(13) Upon certifying an amendment proposed by initiative for ballot placement, the Secretary of State shall allow a person to file a position statement of no more than 50 words outlining support of or opposition to the amendment.

The secretary shall publish each position statement on the webpage for constitutional amendments on the department website.

(14)(5)(a) Within 60 45 days after receipt of a proposed Page 9 of 19 CODING:

Words stricken are deletions;

words underlined are additions.

hb7111-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7111 2019 revision or amendment to the State Constitution by initiative petition from the Secretary of State, the Financial Impact Estimating Conference shall complete an analysis and financial impact statement to be placed on the ballot of the estimated increase or decrease in any revenues or costs to state or local governments and estimated economic impact on the state and local economy resulting from the proposed initiative.

The 60-day time limit is tolled when the Legislature is in session.

(e)1.(b) Immediately upon receipt of a proposed revision or amendment from the Secretary of State, the Coordinator of the Office of Economic and Demographic Research shall contact the person identified as the sponsor to request an official list of all persons authorized to speak on behalf of the named sponsor and, if there is one, the sponsoring organization at meetings held by the Financial Impact Estimating Conference.

All other persons shall be deemed interested parties or proponents or opponents of the initiative.

The Financial Impact Estimating Conference shall provide an opportunity for any representatives of the sponsor, interested parties, proponents, or opponents of the initiative to submit information and may solicit information or analysis from any other entities or agencies, including the Office of Economic and Demographic Research.

Page 10 of 19 CODING:

Words stricken are deletions;

words underlined are additions.

hb7111-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7111 2019 (c) All meetings of the Financial Impact Estimating Conference shall be open to the public.

The President of the Senate and the Speaker of the House of Representatives, jointly, shall be the sole judge for the interpretation, implementation, and enforcement of this subsection.

1.

The Financial Impact Estimating Conference is established to review, analyze, and estimate the financial impact of amendments to or revisions of the State Constitution proposed by initiative.

The Financial Impact Estimating Conference shall consist of four principals:

one person from the Executive Office of the Governor;

the coordinator of the Office of Economic and Demographic Research, or his or her designee;

one person from the professional staff of the Senate;

and one person from the professional staff of the House of Representatives.

Each principal shall have appropriate fiscal expertise in the subject matter of the initiative.

A Financial Impact Estimating Conference may be appointed for each initiative.

2.

Principals of the Financial Impact Estimating Conference shall reach a consensus or majority concurrence on a clear and unambiguous financial impact statement, no more than 100 75 words in length, and immediately submit the statement to the Attorney General.

Nothing in this subsection prohibits the Financial Impact Estimating Conference from setting forth a range of potential impacts in the financial impact statement.

Page 11 of 19 CODING:

Words stricken are deletions;

words underlined are additions.

hb7111-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7111 2019 Any financial impact statement that a court finds not to be in accordance with this section shall be remanded solely to the Financial Impact Estimating Conference for redrafting.

The Financial Impact Estimating Conference shall redraft the financial impact statement within 15 days.

3.

If the members of the Financial Impact Estimating Conference are unable to agree on the statement required by this subsection, or if the Supreme Court has rejected the initial submission by the Financial Impact Estimating Conference and no redraft has been approved by the Supreme Court by 5 p.m.

on the 75th day before the election, the following statement shall appear on the ballot pursuant to s.

101.161(1):

"The financial impact of this measure, if any, cannot be reasonably determined at this time." (e)1.

on the 75th day before the election, the Supreme Court has not issued an advisory opinion on the initial Page 412 of 1019 CODING:

hb7111-00hb7111-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7111 2019 Supreme Court has not issued an advisory opinion on the initial financial impact statement prepared by the Financial Impact Estimating Conference for an initiative amendment that otherwise meets the legal requirements for ballot placement, the financial impact statement shall be deemed approved for placement on the ballot.

The Department of State shall have printed, and shall furnish to each supervisor of elections, a copy of the summary Pagefrom 5the ofinitiative 10financial CODING:information statements.

The Page 13 of 19 CODING:

hb7111-00hb7111-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7111 2019 supervisors shall have the summary from the initiative financial information statements.statements available at each polling place and at the main office of the supervisor of elections upon request.

The supervisors shall have the summary from the initiative financial information statements available at each polling place and at the main office of the supervisor of elections upon request.

(8)(6)(15)(6) The Department of State may adopt rules in accordance with s.

120.54 to carry out the provisions of subsections (1)-(7)(5).(1)-(14)(5).

Section 2.3.

ballots.— (1)(a) Whenever a constitutional amendment or other public measure is submitted to the vote of the people, a ballot summary of such amendment or other public measure shall be printed in clear and unambiguous language on the ballot after the list of candidates, followed by the word "yes" and also by the word Page 614 of 1019 CODING:

hb7111-00hb7111-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7111 2019 candidates, followed by the word "yes" and also by the word "no," and shall be styled in such a manner that a "yes" vote will indicate approval of the proposal and a "no" vote will indicate rejection.

For purposes of this subparagraph, the term "person" has the same meaning as provided in s.

106.011, except that the term does not include a political party, affiliated party committee,as orprovided politicalin committee.s.

103.091, affiliated party committee as provided in s.

103.092, or political committee as defined in s.

106.011.

A separate financial impact statement concerningindicating thewhether measurean preparedout-of-state bypetition thecirculator Financialwas Impactused Estimatingto Conferencecollect inany accordancepetitions. with s.

100.371(7) s.

100.371(5).

IfFor theevery financialamendment impactproposed statementby estimatesinitiative, increased costs or decreased revenues, a rangeseparate thatfinancial includesimpact increasedstatement costsconcerning orthe decreasedmeasure revenues,prepared orby anthe indeterminateFinancial impact,Impact theEstimating PageConference 7in ofaccordance 10with CODING:s.

Page 15 of 19 CODING:

hb7111-00hb7111-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7111 2019 following100.371(14) statements. in bold print:

THE100.371(5). FLORIDA CONSTITUTION REQUIRES A BALANCED BUDGET.

THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO RESULT IN INDETERMINATE OR INCREASED COSTS OR INDETERMINATE OR DECREASED REVENUES, WHICH MAY REQUIRE INCREASED TAXES OR A REDUCTION IN GOVERNMENT SERVICES THAT ARE CURRENTLY FUNDED.

TheIf followingthe question,fiscal withimpact anprojection accompanyingindicates yesincreased costs, decreased revenues, a range that includes increased costs or nodecreased answerrevenues, providedor byan theindeterminate Supremeimpact, Courtthe pursuantfollowing tostatement subparagraphin (b)1.:bold print:

CAN THE PROPOSEDFLORIDA POLICYCONSTITUTION BEREQUIRES IMPLEMENTED BY THE LEGISLATURE WITHOUT THE NEED FOR A CONSTITUTIONALBALANCED AMENDMENT?BUDGET. The ballot title shall consist of a caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of.

ThisTHIS subsectionPROPOSED doesCONSTITUTIONAL notAMENDMENT applyIS toESTIMATED constitutionalTO amendmentsRESULT orIN revisionsINCREASED proposedCOSTS, byDECREASED jointREVENUES, resolution.OR AN INDETERMINATE FINANCIAL IMPACT, WHICH MAY REQUIRE INCREASED TAXES OR A DIVERSION OF FUNDS FROM OTHER GOVERNMENT SERVICES.

(b)5. When the Attorney General requests an advisory opinion of the Supreme Court to review a proposed constitutional amendment, the Attorney General shall include a request for the court to:

1.If applicable, the following question, with an accompanying yes or no answer provided by the Supreme Court under subparagraph (b)1.:

AddressCAN whetherTHE thePROPOSED proposedPOLICY policyBE canIMPLEMENTED beBY implementedTHE byLEGISLATURE theWITHOUT LegislatureTHE withoutNEED theFOR needA forCONSTITUTIONAL aAMENDMENT? constitutional6. Page 8 of 10 CODING:

If applicable, the following question, with an accompanying yes, no, or indeterminate answer provided by the Supreme Court under subparagraph (b)3.:

DOES THE PROPOSED POLICY RAISE ANY POTENTIAL CONSTITUTIONAL INFIRMITIES OR INCONSISTENCIES? Page 16 of 19 CODING:

hb7111-00hb7111-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7111 2019 amendmentThe andballot indicatetitle shall consist of a yescaption, ornot noexceeding answer,15 whichwords mustin belength, printedby onwhich the ballotmeasure summary.is commonly referred to or spoken of.

Except for subparagraphs 4.

and 5., this paragraph subsection does not apply to constitutional amendments or revisions proposed by joint resolution.

(b) When the Attorney General requests the Supreme Court to review a proposed constitutional amendment and provide an advisory opinion, the Attorney General shall ask the Court to:

1.

Address whether the policy of the proposed amendment can be implemented by the Legislature without the need for a constitutional amendment and indicate a yes or no answer, which must be printed on the ballot.

Identify any undefined terms withinin the proposed amendment that will have a substantive impact.

Section 3.

SectionAddress 101.171,whether Floridathe Statutes,proposed isamendment amendedraises toany read:potential constitutional infirmities or inconsistencies and indicate a yes, no, or indeterminate answer, which must be printed on the ballot.

101.171The CopyCourt ofmay constitutionalalso amendmentidentify to be available at voting locations.—Whenever any amendmentrelevant toconstitutional theprovision State Constitution is to be voted upon at any election, the Department of State shall have printed and shall furnish to each supervisor of elections a sufficient number of copies of the amendment either in poster or bookletcase form,law. and the supervisor shall have a copy thereof conspicuously posted or available at each voting booth polling room or early voting area upon the day of election.

Section 101.171, Florida Statutes, is amended to read:

101.171 Copy of constitutional amendment to be available at voting locations.—Whenever any amendment to the State Constitution is to be voted upon at any election, the Department Page 17 of 19 CODING:

Words stricken are deletions;

words underlined are additions.

hb7111-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7111 2019 of State shall have printed and shall furnish to each supervisor of elections a sufficient number of copies of the amendment either in poster or booklet form, and the supervisor shall have a copy thereof conspicuously posted or available at each voting booth polling room or early voting area upon the day of election.

Section 5.

prohibitionviolations.— on(1) compensationA based on the number of petitions gathered.—A person who compensates ana initiative petition circulator based on the number of petition forms gathered commits a misdemeanor of the first degree, punishable as provideddefined in s.

97.021 based on the number of petition forms gathered commits a misdemeanor of the first degree, punishable as provided in s.

Section(2) 5.A person who willfully submits false information or fails to disclose information required under s.

The100.371(11) provisionscommits ofa thisfelony actof apply to all revisions or amendments to the Statethird Constitutiondegree, bypunishable initiativeas Pageprovided 9in ofs. 10 CODING:

775.082, s.

775.083, or s.

775.084.

Section 6.

If any provision of this act or its application to any person or circumstance is held invalid for any reason, the remaining portion of this act, to the fullest extent possible, shall be severed from the void portion and given the fullest possible force and application.

Section 7.

The provisions of this act apply to all revisions or amendments to the State Constitution by initiative that are proposed for the 2020 election ballot and each ballot Page 18 of 19 CODING:

hb7111-00hb7111-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7111 2019 thatthereafter; were proposed for the 2020 election ballot;

Section 6.8.

Page 1019 of 1019 CODING:

hb7111-00hb7111-01-c1