§ 100.371 Initiatives; procedure for placement on ballot.
Overview of Statute
(1) Constitutional amendments proposed by initiative shall be placed on the ballot for the general election, provided the initiative petition has been filed with the Secretary of State no later than February 1 of the year the general election is held. A petition shall be deemed to be filed with the Secretary of State upon the date the secretary determines that valid and verified petition forms have been signed by the constitutionally required number and distribution of electors under this code.
(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. The sponsor shall submit signed and dated forms to the supervisor of elections for the county of residence listed by the person signing the form for verification of the number of valid signatures obtained. If a signature on a petition is from a registered voter in another county, the supervisor shall notify the petition sponsor of the misfiled petition. The supervisor shall promptly verify the signatures within 30 days after receipt of the petition forms and payment of the fee required by s. 99.097. The supervisor shall promptly record, in the manner prescribed by the Secretary of State, the date each form is received by the supervisor, and the date the signature on the form is verified as valid. The supervisor may verify that the signature on a form is valid only if:
The supervisor shall retain the signature forms for at least 1 year following the election in which the issue appeared on the ballot or until the Division of Elections notifies the supervisors of elections that the committee that circulated the petition is no longer seeking to obtain ballot position.
(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.
s. 15, ch. 79-365; s. 12, ch. 83-251; s. 30, ch. 84-302; s. 22, ch. 97-13; s. 9, ch. 2002-281; s. 3, ch. 2002-390; s. 3, ch. 2004-33; s. 28, ch. 2005-278; s. 4, ch. 2006-119; s. 25, ch. 2007-30; s. 1, ch. 2007-231; s. 14, ch. 2008-95; s. 23, ch. 2011-40.
1. Definition for Department
The Department of State. Fla. Stat. § 97.021(7).
2. Definition for Supervisor
The supervisor of elections. Fla. Stat. § 97.021(36).
3. Definition for Polling Place
The building which contains the polling room where ballots are cast. Fla. Stat. § 97.021(27).
4. Definition for General Election
An election held on the first Tuesday after the first Monday in November in the even-numbered years, for the purpose of filling national, state, county, and district offices and for voting on constitutional amendments not otherwise provided for by law. Fla. Stat. § 97.021(16).
5. Definition for Alternative Formats
(3) “Alternative formats” has the meaning ascribed in the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 42 U.S.C. ss. 12101 et seq., including specifically the technical assistance manuals promulgated thereunder, as amended. Fla. Stat. § 97.021(4).
6. Definition for Political Committee
1. A combination of two or more individuals, or a person other than an individual, that, in an aggregate amount in excess of $500 during a single calendar year:
a. Accepts contributions for the purpose of making contributions to any candidate, political committee, affiliated party committee, or political party;
b. Accepts contributions for the purpose of expressly advocating the election or defeat of a candidate or the passage or defeat of an issue;
c. Makes expenditures that expressly advocate the election or defeat of a candidate or the passage or defeat of an issue; or
d. Makes contributions to a common fund, other than a joint checking account between spouses, from which contributions are made to any candidate, political committee, affiliated party committee, or political party;
2. The sponsor of a proposed constitutional amendment by initiative who intends to seek the signatures of registered electors.
(b) Notwithstanding paragraph (a), the following entities are not considered political committees for purposes of this chapter:
1. National political parties, the state and county executive committees of political parties, and affiliated party committees regulated by chapter 103.
2. Corporations regulated by chapter 607 or chapter 617 or other business entities formed for purposes other than to support or oppose issues or candidates, if their political activities are limited to contributions to candidates, political parties, affiliated party committees, or political committees or expenditures in support of or opposition to an issue from corporate or business funds and if no contributions are received by such corporations or business entities.
3. Electioneering communications organizations as defined in subsection (9). Fla. Stat. § 106.11(16).
7. Definition for Issue
A proposition that is required by the State Constitution, by law or resolution of the Legislature, or by the charter, ordinance, or resolution of a political subdivision of this state to be submitted to the electors for their approval or rejection at an election, or a proposition for which a petition is circulated in order to have such proposition placed on the ballot at an election. Fla. Stat. § 106.011(13).
8. Definition for Ballot
As used in the Electronic Voting Systems Act, ballot means the card, tape, or other vehicle upon which the elector’s choices are recorded. Fla. Stat. § 101.5603(2).
9. Definition for Person
An individual or a corporation, association, firm, partnership, joint venture, joint stock company, club, organization, estate, trust, business trust, syndicate, or other combination of individuals having collective capacity. The term includes a political party, affiliated party committee, or political committee. Fla. Stat. § 106.011(14).
10. Definition for Elector
“Elector” is synonymous with the word “voter” or “qualified elector or voter,” except where the word is used to describe presidential electors. Fla. Stat. § 97.021(15).
11. Definition for Division
The Division of Elections of the Department of State. Fla. Stat. § 97.021(8).
12. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
Case Name: In re Advisory Opinion to Atty. Gen. re Limits or Prevents Barriers to Local Solar Electricity Supply
Citation: 177 So.3d 235
Case Summary: In re Advisory Opinon to Atty. Gen. re Limits or Prevents Barriers to Local Solar Electricity Supply held in part that the proposed amendment at issue's Financial Impact Statement was clear, unambiguous, less than 75 words, and was limited to only addressing the increase/decrease in revenues or costs to the state and/or local government.
Case Name: In re Advisory Opinion to Atty. Gen. re Use of Marijuana for Certain Medical Conditions
Citation: 132 So.3d 786
Case Summary: In re Advisory Opinion to Atty. Gen. re Use of Marijuana for Certain Medical Conditions held in part that the proposed amendment's Financial Impact Statement complied with statutory requirements, as it was clear, unambiguous, less than 75 words, and only addressed whether the effect of the amendment would increase or decrease the amount of revenue or costs to the state or local governments.
Case Name: Browning v. Florida Hometown Democracy, Inc., PAC
Citation: 29 So.3d 1053
Case Summary: Browning v. Florida Hometown Democracy, Inc., PAC held that the statute establishing petition signature revocation procedures violated the citizen initiative provision of the state constitution and as such were unconstitutional, since it was neither neutral nor nondiscriminatory, nor was it necessary to ensure ballot integrity. The case further held that the state supreme court had mandatory appellate jurisdiction because the district court of appeal implemented regulations that impacted the citizen initiative process.
Regulations & Guidance
Fla. Jur. 2d Constitutional Law s 13, Statutory authority for placement on ballot
Fla. Jur. 2d Constitutional law s 14, Financial impact statement
Fla. Jur. 2d Constitutional Law s 15, Financial impact statement-Particular amendments
Fla. Jur. 2d Elections s 235, Constitutional amendments-Procedure for placement on ballot
Lobbying, PACs, and Campaign Finance s 11:106, Special state issues