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

General Typology

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

Constitution of the State of Florida 1968
Article XI
Section 3
Initiative.The power to propose the revision or amendment of any portion or portions of this constitution by initiative is reserved to the people, provided that, any such revision or amendment, except for those limiting the power of government to raise revenue, shall embrace but one subject and matter directly connected therewith. It may be invoked by filing with the custodian of state records a petition containing a copy of the proposed revision or amendment, 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 eight percent of the votes cast in each of such districts respectively and in the state as a whole in the last preceding election in which presidential electors were chosen.

Section 5
[...]
(e)Unless otherwise specifically provided for elsewhere in this constitution, if the proposed amendment or revision is approved by vote of at least sixty percent of the electors voting on the measure, it shall be effective as an amendment to or revision of the constitution of the state [...]

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

Subject Matter:

Revising or amending the state constitution via initiative

Actors

Author:
Citizen
Initiator:
Electorate : 8% 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 : Amendment requires a 60% majority to pass unless introduces a new tax or fee, in which case it requires a 2/3 majority to pass (See "Other formal requirements")

Requirements

Number Of Signatures:
8% 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 by February 1 of the year of 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:
60% of the electors voting on the measure unless otherwise specifically provided for in the constitution (Florida Constitution, Article XI, Section 5)
Geographical Quorum:
No geographical quorum to pass the initiative. Signatures of 8% of the number of voters in the last presidential election in each of 1/2 of the state's congressional districts are required for the petition (Florida Constitution, Article XI, Section 3).
Excluded Issues:
Other Formal Requirements:

Constitution of the State of Florida 1968

Article XI, Section 3
[...]any such revision or amendment, except for those limiting the power of government to raise revenue, shall embrace but one subject and matter directly connected therewith. [...]

Section 7
Tax or fee limitation. Notwithstanding Article X, Section 12(d) of this constitution, no new State tax or fee shall be imposed on or after November 8, 1994 by any amendment to this constitution unless the proposed amendment is approved by not fewer than two-thirds of the voters voting in the election in which such proposed amendment is considered. [...]

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

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) The form contains the original signature of the purported elector.
(b) The purported elector has accurately recorded on the form the date on which he or she signed the form.
(c) The form sets forth the purported elector´s name, address, city, county, and voter registration number or date of birth.
(d) The 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:

Title IX, Chapter 101.161, Sections 1 & 2
(1) [...] The ballot summary of the amendment or other public measure and the ballot title to appear on the ballot shall be embodied in the constitutional revision commission proposal, constitutional convention proposal, taxation and budget reform commission proposal, or enabling resolution or ordinance. The ballot summary of the amendment or other public measure shall be an explanatory statement, not exceeding 75 words in length, of the chief purpose of the measure. In addition, for every amendment proposed by initiative, the ballot shall include, following the ballot summary, a separate financial impact statement concerning the measure prepared by the Financial Impact Estimating Conference in accordance with s. 100.371(5). 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. This subsection does not apply to constitutional amendments or revisions proposed by joint resolution.
(2) The ballot summary and ballot title of a constitutional amendment proposed by initiative shall be prepared by the sponsor and approved by the Secretary of State in accordance with rules adopted pursuant to s. 120.54. The Department of State shall give each proposed constitutional amendment a designating number for convenient reference. This number designation shall appear on the ballot. Designating numbers shall be assigned in the order of filing or certification and in accordance with rules adopted by the Department of State. The Department of State shall furnish the designating number, the ballot title, and, unless otherwise specified in a joint resolution, the ballot summary of each amendment to the supervisor of elections of each county in which such amendment is to be voted on.

Source: Florida Statutes (accessed 12 June 2017)

Interaction With Authorities:

Florida Statutes
Title IX, Chapter 100.371, Section 2 & 5
(2) The sponsor of an initiative amendment shall, prior to obtaining any signatures, register as a political committee pursuant to s. 106.03 and submit the text of the proposed amendment to the Secretary of State, with the form on which the signatures will be affixed, and shall obtain the approval of the Secretary of State of such form.
[...]
(5)(a)€ƒWithin 45 days after receipt of a proposed 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 resulting from the proposed initiative. The Financial Impact Estimating Conference shall submit the financial impact statement to the Attorney General and Secretary of State.
[...]
(c) [...] 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): €œThe financial impact of this measure, if any, cannot be reasonably determined at this time.€

Source: Florida Statutes (accessed 12 June 2017)

Supervision And Support:

Constitution of the State of Florida 1968
Article XI, Section 5
(d) Once in the tenth week, and once in the sixth week immediately preceding the week in which the election is held, the proposed amendment or revision, with notice of the date of election at which it will be submitted to the electors, shall be published in one newspaper of general circulation in each county in which a newspaper is published.

Florida Statutes
Title IX, Chapter 106.19, Section 3
(3) A political committee sponsoring a constitutional amendment proposed by initiative which submits a petition form gathered by a paid petition circulator which does not provide the name and address of the paid petition circulator on the form is subject to the civil penalties prescribed in s. 106.265.

Source: Florida Statutes (accessed 12 June 2017)

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)€ƒIf 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: