Procedures for qualifying an initiative in Florida
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Citizens of Florida can use the initiative process to:
- Directly enact a constitutional amendment
How to begin the process
The first step in the process of qualifying an initiative is to register with the Division of Elections as a political committee.[1] A statement of organization of the committee is required within 24 hours of anticipation of receiving contributions or making expenditures.
See also:
Petition form approval
Once proponents form and register their committee, they can file their initiative with the Division of Elections. Proponents write their own ballot title (no more than 15 words) and ballot summary (no more than 75 words). Petitions must contain the title, summary, the article and section of the Constitution being created or amended, and full text of the amendment. The Division of Elections reviews the petition for form only and must approve or disapprove the form within seven days. Once the format is approved, the Divisions of Elections assigns a serial number, which must be printed in the lower-right corner of the petition form. Proponents can then begin circulating the petition. A sample petition form can be viewed on the Secretary of State web site.
Any material changes to the petition form must be reapproved by the Division of Elections; it will be considered a new petition form and assigned a new serial number.
Subject restrictions
Single-subject rule
Florida has a very strict single-subject rule, requiring that each initiative amendment "shall embrace but one subject and matter directly connected therewith." However, amendments limiting the power of government to raise revenue are exempted from the single-subject restriction.
Initial circulation period and Supreme Court approval
Once proponents gather 10% of the total number of signatures needed from at least seven Congressional districts (61,114 signatures), they turn them into the Supervisors of Elections in each county where signers are registered to vote. The Supervisors then have 30 days to verify each signature and, within 24 hours of verification, record all valid signatures in the statewide voter registration system with the date of signing, date of receipt, date of verification, and the serial number of the petition. Each Supervisor of Elections must certify to the Division fo Elections the total nuimber of signatures checked, verified, and their distribution by Congressional district. The Secretary of State then certifies them, and sends them to the Attorney General. The Attorney General has 30 days to forward the initiative language to the Florida Supreme Court for approval. The Supreme Court has until April 1 in the year of the general election ballot the amendment seeks to appear on to rule on the initiative's legal status. If the Court approves it, proponents must gather the remaining signatures to put it on the ballot. If the Court rule that the initiative is unconstitutional, violates the single-subject rule, or is invalid for any other reason, the initiative is dead.
Proponents may continue to collect signatures while waiting for the Supreme Court ruling on their initiative, but the Court has a history of keeping many measures off the ballot.
Signature requirements
To place a constitutional amendment on the ballot, proponents must collect at least 611,009 signatures (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 1,145,642 signatures (15% of the total number of statewide ballots cast in the previous Presidential election).
Deadlines
Certification of signatures must be submitted to the Divisions of Elections by the Supervisors of Elections no later than February 1 for a proposed amendment to appear on that year's general election ballot. Since the Supervisors of Elections have 31 days to submit that certification after signatures are submitted, signatures should be submitted no later than January 1.
Residency
Florida does not require individuals circulating petitions in Florida to be Florida residents.
Distribution
Florida has a distribution requirement. Signatures of 8% of the total number of votes cast in the preceding presidential election in at least 13 of Florida's 25 Congressional districts. A chart listing the number of signatures required for each Congressional district is posted on the Secretary of State's web site.
Circulation period
Initiative petitions can continue indefinitely, but a voter's signature is no longer valid four years after the date it was signed.
Paid circulators
It is legal in Florida to pay people who circulate petitions, but paid petitioners must fill in their names and addresses on the petitions they circulate. Political committees sponsoring initiatives that paid individuals to collect signatures are not permitted to file the Affidavit of Undue Burden to request relief from petition-verification charges. (See next section for for information on undue burden.)
Signature verification process
Florida does not allow random sampling in the verification process. Each signature must be validated and recorded. The committee sponsoring the initiative must pay the Supervisors of Elections at the time petitions are submitted a fee of 10-cents per signature or actual costs of verifying, 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.
Signature-revocation
Florida voters who sign initiative petitions have the option of revoking their signatures within 150 days of signing. Supervisors fo elections are to make revocation forms available at all main and branch offices. Voters filing a petition-revocation form must pay the verification fee of 10-cent or the actual cost of verification.
See also
After petitions are verified
After sufficient signatures have been certified, the Secretary of State issues a certificate of ballot position to the sponsoring political committee and assigns a designating ballot number.
Fiscal impact statement issued
Within 45 days after certification of sufficient signatures, the Financial Impact Estimating Conference shall complete an analysis and financial impact statement of not more than 75 words to be placed on the ballot explaining the estimated impact the amendment would have on the revenues or costs to state or local governments. The Financial Impact Estimating Conference provides an opportunity for proponents or opponents to submit information and solicits information from other agencies. All meetings of the Conference are required to be open to the public. The financial impact statement is submitted to the Attorney General and the Secretary of State.
In addition to the impact statement, the Conference also prepares a more detailed "initiative financial information statement," which must be printed and made available to voters at all polling places and at the main office of the supervisors of elections, upon request. The statement must also be posted on the Secretary of State's web site, as well as any supervisor of elections web sites.
If the Supreme Court has not issued a ruling on the financial impact statement by 5 pm on the 75th day before the general election, the statement is considered approved. If the Supreme Court rejects the first submitted statement, the Conference has 15 days to submit a new version to the Court.
If the Financial Impact Estimating Conference is unable to agree on the impact statement, or if the Supreme Court rejects the impact statement submitted and no redraft is approved by the Supreme Court by 5 pm on the 75th day before the election, the following statement shall appear on the ballot: "The financial impact of this measure, if any, cannot be reasonably determined at this time."[2]
The vote
Constitutional amendments must be approved by at least 60% of voters in order to pass. If an amendment is approved, it takes effect on the first Tuesday after the first Monday in January following the election, unless the amendment includes language specifying otherwise.
External links
- Florida Constitution, Article XI: Amendments
- Secretary of State: Initiative Process Information
- Secretary of State: Legal references for initiative law
- Florida Statutes and Constitution
- Florida State 2007 Statutes: Placement of Initiatives on Ballot
- Florida State 2007 Statutes: Paid circulators
