Laws governing the initiative process in Florida
From Ballotpedia
Citizens of Florida may initiate constitutional amendments or call a constitutional convention via iniative. Florida residents may not directly initiate legislation or repeal legislation via veto referendum. The Florida State Legislature may also place measures on the ballot as legislatively-referred constitutional amendments. Florida also has two commissions, the Taxation and Budget Reform Commission and the Constitution Revision Commission, which meet every 20 years and have the power to place amendments on the ballot.
Crafting an initiative
Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the allowable scope and content of initiated proposals. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates, and establish guidelines for adjudicating contradictory measures.
Single-subject rule
- See also: Single-subject rule
In Florida, each proposed measure must address only one subject, except measures "limiting the power of government to raise revenue."
See law: Florida Constitution, Article XI, Section 3
Subject restrictions
- See also: Subject restrictions (ballot measures)
Florida does not restrict the subject matter of initiated measures. However, no amendment approved from 1994 onward may impose a new tax or fee without being approved by a 2/3 supermajority. A tax or fee is considered new if it was not in effect in 1994.
See law: Florida Constitution, Article XI, Section 3 & Section 7
Competing initiatives
Florida law does not establish procedures for adjudicating conflicting measures.
See law: Florida Constitution, Article XI
Starting a petition
Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.[1][2][3]
Applying to petition
- See also: Approved for circulation
Prior to collecting signatures, potential sponsors must register as a political committee for campaign finance purposes. The group must then submit the text of their proposed amendment and a proof copy of their petition form to the Secretary of State. The format for petition sheets is designated by the Secretary in accordance with state statute. (A sample petition form can be downloaded here.)
See law: Florida Statutes, Title IX, Chapter 100.371, Section 2
Petition summary
- See also: Ballot measure summary statement
The ballot title and summary are submitted by sponsors along with the text and petition form. These are initially reviewed by the Secretary of State. The ballot title and summary appear on each petition sheet.
See law: Florida Statutes, Title IX, Chapter 101.161, Section 2
Proposal review/approval
- See also: Approved for circulation
Unlike many states, Florida initiative sponsors can submit petition signatures at any time. In addition, the responsibility for counting these signatures is dispersed to the Supervisor of Elections in each county. Proposed measures are only reviewed after proponents collect 10% of the required signatures across the state and 10% in each of one-eighth of the state's Congressional districts. After these preliminary signatures have been collected and proponents have submitted a ballot title and summary (initially approved by the Secretary of State), the Secretary of State must submit the proposal to the Florida Attorney General. The Attorney General is required to petition the Florida Supreme Court for an advisory opinion on the measure's compliance with the single-subject rule and the appropriateness of the title and summary.[4]
See law: Florida Statutes, Title IV, Chapter 15.21;Chapter 16.061 & Title IX, Chapter 101.161, Section 2
Fiscal review
- See also: Fiscal impact statement
Proposed measures are only analysed after sponsors collect 10% of the required signatures across the state and 10% in each of one-eighth of the state's Congressional districts. After preliminary signatures have been collected and proponents have submitted a ballot title and summary, the Secretary of State must submit the proposal to the Financial Impact Estimating Conference. The Conference, after allowing for public input, must draft a concise statement of the effect of the proposed measure on revenue and expenditures. The Conference must also draft a more detailed financial statement of the measure's predicted effects and the methods used in the analysis.
If a financial impact statement is successfully challenged in court, only the Conference is permitted to revise it. If Conference leadership fails to agree on a statement (or revisions to a statement), a notice will appear on the ballot stating, "The financial impact of this measure, if any, cannot be reasonably determined at this time."
See law: Florida Statutes, Title IX, Chapter 100.371, Section 5
Collecting signatures
Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.
Number required
- See also: Florida signature requirements
To place a constitutional amendment on the ballot, proponents must collect at least 8% of the total number of statewide ballots cast in the previous Presidential election. To place a call for a constitutional convention on the ballot, proponents must collect 15% of the total number of statewide ballots cast in the previous Presidential election.
| Year | Amendment | Convention |
|---|---|---|
| 2012 | 676,811 | 1,267,449 |
| 2010 | 676,811 | 1,267,449 |
| 2008 | 611,009 | 1,145,642 |
See law: Florida Constitution, Article XI, Section 3-4
Distribution requirements
- See also: Distribution requirements
Proponents must obtain signatures equaling at least 8% of the district-wide vote (in the most recent presidential election) in at least half (14) of the state's 27 congressional districts.
See law: Florida Constitution, Article XI, Section 3
Restrictions on circulators
Pay-per-signature
- See also: Pay-per-signature
Florida law does not prohibit pay-per-signature or restrict the pay of petition circulators. However, proponents who choose to hire circulators forfeit the right to file an "undue burden oath." Ordinarily, initiative sponsors are required pay for the cost of signature verification unless they submit, under oath, a statement of their inability to pay without incurring an undue financial burden. An affidavit of undue burden can be found here.
See law: Florida Statutes, Title IX, Chapter 99.097, Section 4
Out-of-state circulators
Florida does not require petition circulators to be residents of the state.[5]
See law: Florida Statutes, Title IX, Chapter 100.371
Badge requirements
- See also: Badge requirements
Florida law does not require that paid and volunteer circulators be identified as such. However, upon submission, each petition form must include the name and address of the paid petition circulator, when applicable.
See law: Florida Statutes, Title IX, Chapter 106.19, Section 3
Electronic signatures
- See also: Electronic petition signatures
Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Florida law does not address electronic petition signatures.
See law: Florida Statutes, Title IX
Deadlines for collection
- See also: Petition drive deadlines; Circulation period
In Florida, signatures are valid for two years after the date they were signed. Signatures must be verified by February 1 of the year they are to appear on the ballot. As such signatures must be submitted prior to the deadline. Election officials have 30 days to complete verification.
- Note: HB 1355, passed in 2011, reduced the circulation period from 4 to 2 years.
See law: Florida Statutes, Title IX, Chapter 100.371, Section 3
Getting on the ballot
Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.
Signature verification
- See also: Signature certification
Initiative petitions are verified by the Supervisor of Elections in the county where the voter who signed the petition is registered. (Note: Florida petitions include only one signature per sheet.) Each county Supervisor of Elections may choose to use a random sample method for verification provided that certain conditions are met. First, the number of signatures in the local Congressional district must be at least 115% of the required number. Second, the process must be sufficient to estimate the total number of valid signature with 99.5% accuracy.
Prior to verification, the committee sponsoring the initiative must pay a fee of 10 cents per signature or the actual cost of the verification, whichever is less. The committee can claim that the fee would create an undue burden and request that the fee be waived by filing an affidavit of undue burden with the Division of Elections. Unlike most states, Florida does not require all signatures to be submitted in one filing. Review of the language, title, summary and fiscal impact of the measure is tied to getting a certain number of preliminary signatures.
See law: Florida Statutes, Title IX, Chapter 100.371; Chapter 99.097 & Division of Elections Rules, 1S-2.008
Ballot title and summary
- See also: Ballot title
Prior to verification, the ballot title and ballot summary are proposed by the initiative sponsors and approved by the Secretary of State and State Supreme Court. Certified measures are also assigned a number depending on the order in which they are certified or referred by the legislature. (Amendment 1, Amendment 2, etc...)
See law: Florida Statutes, Title IX, Chapter 100.371, Section 4 & Chapter 101.161, Section 2-3
The election and beyond
Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a 3/5 supermajority, others states set the margin differently. In addition, ballot measures may face legal challenge or modification by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.
Supermajority requirements
- See also: Supermajority requirements
Florida amendments require a 60% supermajority for approval. This requirement was adopted as a legislatively-referred constitutional amendment in 2006 as the Florida Broader Public Support for Constitutional Amendments or Revisions Amendment.
In addition, no amendment approved from 1994 onward may impose a new tax or fee without being approved by a 2/3 supermajority. A tax or fee is considered new if it was not in effect in 1994.
See law: Florida Constitution, Article XI, Section 5 & Section 7
Effective date
Approved amendments take effect on the first Tuesday after the first Monday in January following the election unless otherwise specified by the amendment.
See law: Florida Constitution, Article XI, Section 5
Litigation
- See also: Ballot measure lawsuit news
In the event that a county chooses to employ the random sample method of signature verification, challenges should be filed in the state district court for the county. If the case involves multiple counties, the challenge should be filed in the state district court for Leon County (home to Tallahassee). Florida law also stipulates that challenges to fiscal impact statements must be decided by the State Supreme Court.
See law: Florida Statutes, Title IX, Chapter 99.097, Section 4 & Chapter 100.371, Section 5
Legislative tampering
- See also: Legislative tampering
Since only initiated constitutional amendments are permitted under Florida law, lawmakers must use the ordinary amendment process to overturn successful ballot measures. In order to place an amendment on the ballot, lawmakers in each chamber must pass a resolution with a three-fifths majority vote. The repeal/revision amendment must receive the usual 60% supermajority for passage.
See law: Florida Constitution, Article XI, Section 1 & Section 5
Re-attempting an initiative
Florida does not limit how soon an initiative can be re-attempted.[6]
See law: Florida Constitution, Article XI & of Elections Rules, 1S-2.0091 (7)
Funding an initiative campaign
Some of the notable features of Florida's campaign finance laws include:
- Florida treats most groups in support or opposition of a referendum the same like other political committees.
- Florida has a separate registration status for groups solely funding advertisements through independent expenditures.
- Florida bans groups that are designated as Electioneering Communications organizations to accept money from organizations that are listed as 501(c)4 or 527 by the Internal Revenue Service (IRS).
- Florida has mandatory electronic reporting for campaign finance disclosure.
- Florida uses a all-in-one electronic reporting system eliminating the need for paper forms.
State initiative law
Article XI of the Florida Constitution provides authority for the initiative process.
Title IX of the Florida Statutes governs elections and electors. (A full list of legal references to the initiative process can be found here.)
External links
- Florida Division of Elections, "Constitutional Amendments Index"
- Florida Division of Elections, "Initiative Petitions - Process and Procedures"
- Florida Division of Elections, "Legal References"
References
- ↑ NCSL, "Drafting the Initiative Proposal," Accessed May 19, 2011
- ↑ NCSL, "Preparation of a Fiscal Analysis," Accessed May 19, 2011
- ↑ NCSL, "Preparation of a Ballot Title and Summary," Accessed May 19, 2011
- ↑ Florida Division of Elections, "Initiative Petitions - Process and Procedures," Accessed on July 18, 2011
- ↑ NCSL, "Initiative and Referendum in the 21st Century," July 2002
- ↑ NCSL, "Banning Same or Similar Measures from the Ballot for a Specified Period of Time," May 2009
Category:Circulation period, one-two years
