Florida, USA, regional Popular or citizens initiative [PCI] - Constitutional convention

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Florida, USA
Political level
regional
Local Name:
Constitutional convention
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Constitution of the State of Florida 1968
Article XI, Section 4
(a) The power to call a convention to consider a revision of the entire constitution is reserved to the people. It may be invoked by filing with the custodian of state records a petition, containing a declaration that a constitutional convention is desired, signed by a number of electors in each of one half of the congressional districts of the state, and of the state as a whole, equal to fifteen per cent of the votes cast in each such district respectively and in the state as a whole in the last preceding election of presidential electors.
(b) At the next general election held more than ninety days after the filing of such petition there shall be submitted to the electors of the state the question: Shall a constitutional convention be held? If a majority voting on the question votes in the affirmative, at the next succeeding general election there shall be elected from each representative district a member of a constitutional convention. On the twenty-first day following that election, the convention shall sit at the capital, elect officers, adopt rules of procedure, judge the election of its membership, and fix a time and place for its future meetings. Not later than ninety days before the next succeeding general election, the convention shall cause to be filed with the custodian of state records any revision of this constitution proposed by it. [...]

Source: Constitution of the State of Florida 1968 (accessed 12 June 2017)

Subject Matter:

Calling a constitutional convention via initiative

Actors

Author:
Citizen
Initiator:
Electorate : 15% of the number of voters in the last presidential election in at least 1/2 of the state's congressional districts respectively and in the state as a whole
Decision maker:
Electorate

Requirements

Number Of Signatures:
15% of the number of voters in the last presidential election in at least 1/2 of the state's congressional districts respectively and in the state as a whole
Available Time:
Signatures are valid for 2 years; they must be verified 90 days before the election; it takes up to 30 days to verify signatures (FL Stat. Title IX, 100.371, Sect. 1 & 3)
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Legal source does not mention specific approval quorum
Geographical Quorum:
No geographical quorum for passing the question. Signatures from 15% of the number of voters in the last presidential election in 1/2 of the state's congressional districts are required for the petition (Florida Constitution, Article XI, Section 4).
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Collection Mode:
restricted
Specify Collection Mode:

Florida Statutes
Title IX, Chapter 100.371, Section 3
(3) [...] The supervisor may verify that the signature on a form is valid only if:
(a)€ƒThe form contains the original signature of the purported elector.
(b)€ƒThe purported elector has accurately recorded on the form the date on which he or she signed the form.
(c)€ƒThe form sets forth the purported elector´s name, address, city, county, and voter registration number or date of birth.
(d)€ƒThe purported elector is, at the time he or she signs the form and at the time the form is verified, a duly qualified and registered elector in the state.
[...]

Source: Florida Statutes (accessed 12 June 2017)

Wording Of Ballot Question:

Constitution of the State of Florida 1968
Article XI, Section 4
[...]
(b) At the next general election held more than ninety days after the filing of such petition there shall be submitted to the electors of the state the question: €œShall a constitutional convention be held? [...]

Source: Constitution of the State of Florida 1968 (accessed 12 June 2017)

Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Florida Statutes
Title IX, Chapter 99.097, Sections 4 & 6
(4) The supervisor shall be paid in advance the sum of 10 cents for each signature checked or the actual cost of checking such signature, whichever is less, [...] if a candidate, person, or organization seeking to have an issue placed upon the ballot cannot pay such charges without imposing an undue burden [...] upon written certification of such inability given under oath to the supervisor, be entitled to have the signatures verified at no charge.
[...]
(6)(a) If any person is paid to solicit signatures on a petition, an undue burden oath may not subsequently be filed in lieu of paying the fee to have signatures verified for that petition.

Chapter 106.03, Section 1
(1)(a) Each political committee that receives contributions or makes expenditures during a calendar year in an aggregate amount exceeding $500 or that seeks the signatures of registered electors in support of an initiative shall file a statement of organization [...]

Source: Florida Statutes (accessed 13 June 2017)

Practice

Archive:
Remarks: