Senate Bill sb1996c1

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    Florida Senate - 2005                           CS for SB 1996

    By the Committee on Criminal Justice; and Senator Alexander





    591-2086-05

  1                      A bill to be entitled

  2         An act relating to the petition process;

  3         providing a short title; amending s. 99.097,

  4         F.S.; revising requirements for verification of

  5         signatures on petitions; prescribing limits on

  6         use of paid petition circulators; providing

  7         procedures to contest alleged improper

  8         signature verification; amending s. 100.371,

  9         F.S.; revising procedures for placing an

10         initiative on the ballot; providing

11         requirements for information to be contained on

12         petitions; providing procedure for revocation

13         of a petition signature; creating s. 100.372,

14         F.S.; providing regulation for initiative

15         petition circulators and their activities;

16         amending s. 101.161, F.S.; conforming a

17         cross-reference; amending s. 101.62, F.S.;

18         conforming a cross-reference; amending s.

19         104.012, F.S.; providing criminal penalties for

20         specified offenses involving voter registration

21         applications; amending s. 104.185, F.S.;

22         proscribing specified actions involving

23         petitions and providing or increasing criminal

24         penalties therefor; amending s. 104.42, F.S.;

25         prescribing duties of supervisors of elections

26         with respect to unlawful registrations,

27         petitions, and voting; providing for verifying

28         and counting signatures submitted for

29         verification before the effective date of the

30         act; requiring resubmission and reapproval of

31  

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 1         petition forms; providing severability;

 2         providing an effective date.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  This act may be cited as the "Petition

 7  Fraud and Voter Protection Act."

 8         Section 2.  Subsections (1), (3), and (4) of section

 9  99.097, Florida Statutes, are amended, and subsection (6) is

10  added to that section, to read:

11         99.097  Verification of signatures on petitions.--

12         (1)  As determined by each supervisor, based upon local

13  conditions, the verification of signatures checking of names

14  on petitions may be based on the most inexpensive and

15  administratively feasible of either of the following methods

16  of verification:

17         (a)  A name-by-name, signature-by-signature check of

18  the number of valid authorized signatures on the petitions; or

19         (b)  A check of a random sample, as provided by the

20  Department of State, of names and signatures on the petitions.

21  The sample must be such that a determination can be made as to

22  whether or not the required number of valid signatures has

23  have been obtained with a reliability of at least 99.5

24  percent. Rules and guidelines for this method of petition

25  verification shall be promulgated by the Department of State,

26  which may include a requirement that petitions bear an

27  additional number of names and signatures, not to exceed 15

28  percent of the names and signatures otherwise required.  If

29  the petitions do not meet such criteria, then the use of the

30  verification method described in this paragraph shall not be

31  available to supervisors.

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 1  

 2  Notwithstanding any other provision of law, petitions to

 3  secure ballot placement for an issue, and petition revocations

 4  directed pursuant to s. 100.371(7), must be verified by the

 5  method provided in paragraph (a).

 6         (3)(a)  A signature name on a petition, in a name that

 7  which name is not in substantially the same form as a name on

 8  the voter registration books, shall be counted as a valid

 9  signature if, after comparing the signature on the petition

10  with the signature of the alleged signer as shown on the

11  registration books, the supervisor determines that the person

12  signing the petition and the person who registered to vote are

13  one and the same.  In any situation in which this code

14  requires the form of the petition to be prescribed by the

15  division, no signature shall be counted toward the number of

16  signatures required unless it is on a petition form prescribed

17  by the division. A signature on a petition may not be counted

18  toward the number of valid signatures required for ballot

19  placement unless all relevant provisions of this code have

20  been satisfied.

21         (b)  If a voter signs a petition and lists an address

22  other than the legal residence where the voter is registered,

23  the supervisor shall treat the signature as if the voter had

24  listed the address where the voter is registered.

25         (4)(a)  The supervisor shall be paid in advance the sum

26  of 10 cents for each signature checked or the actual cost of

27  checking such signature, whichever is less, by the candidate

28  or, in the case of a petition to have an issue placed on the

29  ballot, by the person or organization submitting the petition.

30  However, if a candidate, person, or organization seeking to

31  have an issue placed upon the ballot cannot pay such charges

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 1  without imposing an undue burden on personal resources or upon

 2  the resources otherwise available to such candidate, person,

 3  or organization, such candidate, person, or organization

 4  shall, upon written certification of such inability given

 5  under oath to the supervisor, be entitled to have the

 6  signatures verified at no charge.  In the event a candidate,

 7  person, or organization submitting a petition to have an issue

 8  placed upon the ballot is entitled to have the signatures

 9  verified at no charge, the supervisor of elections of each

10  county in which the signatures are verified at no charge shall

11  submit the total number of such signatures checked in the

12  county to the Chief Financial Officer no later than December 1

13  of the general election year, and the Chief Financial Officer

14  shall cause such supervisor of elections to be reimbursed from

15  the General Revenue Fund in an amount equal to 10 cents for

16  each signature name checked or the actual cost of checking

17  such signatures, whichever is less.  In no event shall such

18  reimbursement of costs be deemed or applied as extra

19  compensation for the supervisor. Petitions shall be retained

20  by the supervisors for a period of 1 year following the

21  election for which the petitions were circulated.

22         (b)  A person or organization submitting a petition to

23  secure ballot placement for an issue which has filed a

24  certification of undue burden may not provide compensation to

25  any paid petition circulator, as defined in s. 100.372, unless

26  the person or organization first pays all supervisors for each

27  signature checked or reimburses the General Revenue Fund for

28  such costs. If a person or organization subject to this

29  paragraph provides compensation to a paid petition circulator

30  before the date the person or organization pays all

31  supervisors for each signature checked or reimburses the

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 1  General Revenue Fund for such costs, no signature on a

 2  petition circulated by the petition circulator before that

 3  date may be counted toward the number of valid signatures

 4  required for ballot placement.

 5         (6)(a)  The alleged improper verification of a

 6  signature on a petition to secure ballot placement for an

 7  issue pursuant to this code may be contested in the circuit

 8  court by a political committee or by an elector. The

 9  contestant shall file a complaint setting forth the basis of

10  the contest, together with the fees prescribed in chapter 28,

11  with the clerk of the circuit court in the county in which the

12  petition is certified or in Leon County if the complaint is

13  directed to petitions certified in more than one county.

14         (b)  If the contestant demonstrates by a preponderance

15  of the evidence that one or more petitions were improperly

16  verified, the signatures appearing on such petitions may not

17  be counted toward the number of valid signatures required for

18  ballot placement. If an action brought under this subsection

19  is resolved after the Secretary of State has issued a

20  certificate of ballot position for the issue, but the

21  contestant demonstrates that the person or organization

22  submitting the petition had obtained verification of an

23  insufficient number of valid and verified signatures to

24  qualify for ballot placement, the issue shall be removed from

25  the ballot or, if such action is impractical, any votes cast

26  for or against the issue may not be counted and shall be

27  invalidated.

28         (c)  An action under the subsection must be commenced

29  no later than 90 days after the Secretary of State issues a

30  certificate of ballot position for the issue.

31  

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 1         Section 3.  Section 100.371, Florida Statutes, as

 2  amended by section 9 of chapter 2002-281, Laws of Florida, is

 3  amended to read:

 4         100.371  Initiatives; procedure for placement on

 5  ballot.--

 6         (1)  Constitutional amendments proposed by initiative

 7  shall be placed on the ballot for the general election

 8  providing that an initiative petition is filed with the

 9  Secretary of State by February 1 of the year in which the

10  general election is to be held occurring in excess of 90 days

11  from the certification of ballot position by the Secretary of

12  State.

13         (2)  Certification of ballot position Such

14  certification shall be issued when the Secretary of State has

15  received verification certificates from the supervisors of

16  elections indicating that the requisite number and

17  distribution of valid petitions bearing the signatures of

18  electors have been submitted to and verified by the

19  supervisors. Every signature shall be dated by the elector

20  when made. Signatures are and shall be valid for a period of 4

21  years following such date, provided all other requirements of

22  law are satisfied complied with.

23         (3)  The sponsor of an initiative amendment shall,

24  prior to obtaining any signatures, register as a political

25  committee pursuant to s. 106.03 and submit the text of the

26  proposed amendment to the Secretary of State, with the form on

27  which the signatures will be affixed, and shall obtain the

28  approval of the Secretary of State of such form. The division

29  Secretary of State shall adopt rules pursuant to s. 120.54

30  prescribing the style and requirements of such form. Upon

31  filing with the Secretary of State, the text of the proposed

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 1  amendment and all forms filed in connection with this section

 2  must, upon request, be made available in alternative formats.

 3  

 4  The contents of a petition form shall be limited to those

 5  items required by statute or rule. A petition form shall be

 6  deemed a political advertisement as defined in s. 106.011 and,

 7  as such, must comply with all relevant requirements of chapter

 8  106.

 9         (4)  The supervisor of elections shall record the date

10  each petition form was received by the supervisor and the date

11  the signature on the form was verified as valid. The

12  supervisor shall verify that the signature on a petition form

13  is valid only if the form complies with all of the following:

14         (a)  The form must contain the original signature of

15  the purported elector;

16         (b)  The purported elector must accurately record on

17  the form the date on which he or she signed the form;

18         (c)  The purported elector must accurately record on

19  the form his or her name, date of birth, street address,

20  county, and any other information required by the division by

21  rule;

22         (d)  The purported elector must be, at the time he or

23  she signs the form, a duly qualified and registered elector

24  authorized to vote in the county in which his or her signature

25  is submitted;

26         (e)  The date the elector signed the form, as recorded

27  by the elector, must be no more than 30 days from the date the

28  form was received by the supervisor of elections;

29         (f)  The elector must accurately record on the form

30  whether the elector was presented with the petition form for

31  

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 1  his or her signature by a petition circulator, as defined in

 2  s. 100.372(1); and

 3         (g)  If the elector was presented with the petition

 4  form for his or her signature by a petition circulator, the

 5  petition form must comply with the requirements of s. 100.372.

 6         (5)  An elector has the right to submit his or her

 7  signed form to the sponsor of the initiative amendment, by

 8  mail or otherwise, at an address listed on the form for this

 9  purpose.

10         (6)  Each form must contain the following three notices

11  at the top of the form in bold type and in a 16-point or

12  larger font, immediately following the title "Constitutional

13  Amendment Petition Form":

14  

15         RIGHT TO MAIL IN.--You have the right to take

16         this petition home and study the issue before

17         signing. If you choose to sign the petition,

18         you may return it to the sponsors of the

19         amendment at the following

20         address:__________________________________.

21  

22         PAID PETITIONER CIRCULATOR.--The person

23         presenting this petition for your signature may

24         be receiving compensation to do so. You have

25         the right to ask for this information and the

26         person's rate of compensation before you sign

27         the petition.

28  

29         NATURE OF AMENDMENT.--The merits of the

30         proposed change to the Florida Constitution

31         appearing below have not been officially

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 1         reviewed by any court or agency of state

 2         government.

 3  

 4         (7)  An elector's signature on a petition form may be

 5  revoked by submitting to the supervisor a signed petition

 6  revocation form adopted by rule for this purpose by the

 7  division. The sponsor of an initiative amendment shall provide

 8  to any elector submitting his or her signature on a petition

 9  form a revocation form for that initiative.  The revocation

10  form must contain the address of the Secretary of State to

11  permit the elector to submit the revocation form via United

12  States mail.  The petition revocation form shall be filed with

13  the Secretary of State no later than January 1 preceding the

14  next general election or, if the initiative amendment is not

15  certified for ballot position in that election, no later than

16  the January 1 preceding the next successive general election.

17  The division shall promptly process the revocation  form under

18  procedures adopted by rule for this purpose by the division.

19         (8)(4)  The sponsor shall submit signed and dated forms

20  to the appropriate supervisor of elections for verification as

21  to the number of registered electors whose valid signatures

22  appear thereon. The supervisor shall promptly verify the

23  signatures upon payment of the fee required by s. 99.097. Upon

24  completion of verification, the supervisor shall execute a

25  certificate indicating the total number of signatures checked,

26  the number of signatures verified as valid and as being of

27  registered electors, the number of signatures validly revoked

28  pursuant to subsection (7), and the distribution of such

29  signatures by congressional district. This certificate shall

30  be immediately transmitted to the Secretary of State. The

31  supervisor shall retain the signed signature forms and

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 1  revocation forms for at least 1 year following the election in

 2  which the issue appeared on the ballot or until the Division

 3  of Elections notifies the supervisors of elections that the

 4  committee which circulated the petition is no longer seeking

 5  to obtain ballot position.

 6         (9)(5)  The Secretary of State shall determine from the

 7  verification certificates received from supervisors of

 8  elections the total number of verified valid signatures and

 9  the distribution of such signatures by congressional

10  districts. Upon a determination that the requisite number and

11  distribution of valid signatures have been obtained, the

12  secretary shall issue a certificate of ballot position for

13  that proposed amendment and shall assign a designating number

14  pursuant to s. 101.161. A petition shall be deemed to be filed

15  with the Secretary of State upon the date of the receipt by

16  the secretary of a certificate or certificates from

17  supervisors of elections indicating the petition has been

18  signed by the constitutionally required number of electors.

19         (10)(6)(a)  Within 45 days after receipt of a proposed

20  revision or amendment to the State Constitution by initiative

21  petition from the Secretary of State or, within 30 days after

22  such receipt if receipt occurs 120 days or less before the

23  election at which the question of ratifying the amendment will

24  be presented, the Financial Impact Estimating Conference shall

25  complete an analysis and financial impact statement to be

26  placed on the ballot of the estimated increase or decrease in

27  any revenues or costs to state or local governments resulting

28  from the proposed initiative. The Financial Impact Estimating

29  Conference shall submit the financial impact statement to the

30  Attorney General and Secretary of State.

31  

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 1         (b)1.  The Financial Impact Estimating Conference shall

 2  provide an opportunity for any proponents or opponents of the

 3  initiative to submit information and may solicit information

 4  or analysis from any other entities or agencies, including the

 5  Office of Economic and Demographic Research. All meetings of

 6  the Financial Impact Estimating Conference shall be open to

 7  the public as provided in chapter 286.

 8         2.  The Financial Impact Estimating Conference is

 9  established to review, analyze, and estimate the financial

10  impact of amendments to or revisions of the State Constitution

11  proposed by initiative. The Financial Impact Estimating

12  Conference shall consist of four principals: one person from

13  the Executive Office of the Governor; the coordinator of the

14  Office of Economic and Demographic Research, or his or her

15  designee; one person from the professional staff of the

16  Senate; and one person from the professional staff of the

17  House of Representatives. Each principal shall have

18  appropriate fiscal expertise in the subject matter of the

19  initiative. A Financial Impact Estimating Conference may be

20  appointed for each initiative.

21         3.  Principals of the Financial Impact Estimating

22  Conference shall reach a consensus or majority concurrence on

23  a clear and unambiguous financial impact statement, no more

24  than 75 words in length, and immediately submit the statement

25  to the Attorney General. Nothing in this subsection prohibits

26  the Financial Impact Estimating Conference from setting forth

27  a range of potential impacts in the financial impact

28  statement. Any financial impact statement that a court finds

29  not to be in accordance with this section shall be remanded

30  solely to the Financial Impact Estimating Conference for

31  

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 1  redrafting. The Financial Impact Estimating Conference shall

 2  redraft the financial impact statement within 15 days.

 3         4.  If the members of the Financial Impact Estimating

 4  Conference are unable to agree on the statement required by

 5  this subsection, or if the Supreme Court has rejected the

 6  initial submission by the Financial Impact Estimating

 7  Conference and no redraft has been approved by the Supreme

 8  Court by April 1 of the year in which the general election is

 9  to be held 5 p.m. on the 75th day before the election, the

10  following statement shall appear on the ballot pursuant to s.

11  101.161(1): "The financial impact of this measure, if any,

12  cannot be reasonably determined at this time."

13         (c)  The financial impact statement must be separately

14  contained and be set forth after the ballot summary as

15  required in s. 101.161(1).

16         (d)1.  Any financial impact statement that the Supreme

17  Court finds not to be in accordance with this subsection shall

18  be remanded solely to the Financial Impact Estimating

19  Conference for redrafting, provided the court's advisory

20  opinion is rendered by April 1 of the year in which the

21  general election is to be held at least 75 days before the

22  election at which the question of ratifying the amendment will

23  be presented. The Financial Impact Estimating Conference shall

24  prepare and adopt a revised financial impact statement no

25  later than 5 p.m. on the 15th day after the date of the

26  court's opinion.

27         2.  If, by 5 p.m. on April 1 of the year in which the

28  general election is to be held the 75th day before the

29  election, the Supreme Court has not issued an advisory opinion

30  on the initial financial impact statement prepared by the

31  Financial Impact Estimating Conference for an initiative

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 1  amendment that otherwise meets the legal requirements for

 2  ballot placement, the financial impact statement shall be

 3  deemed approved for placement on the ballot.

 4         3.  In addition to the financial impact statement

 5  required by this subsection, the Financial Impact Estimating

 6  Conference shall draft an initiative financial information

 7  statement. The initiative financial information statement

 8  should describe in greater detail than the financial impact

 9  statement any projected increase or decrease in revenues or

10  costs that the state or local governments would likely

11  experience if the ballot measure were approved. If

12  appropriate, the initiative financial information statement

13  may include both estimated dollar amounts and a description

14  placing the estimated dollar amounts into context. The

15  initiative financial information statement must include both a

16  summary of not more than 500 words and additional detailed

17  information that includes the assumptions that were made to

18  develop the financial impacts, workpapers, and any other

19  information deemed relevant by the Financial Impact Estimating

20  Conference.

21         4.  The Department of State shall have printed, and

22  shall furnish to each supervisor of elections, a copy of the

23  summary from the initiative financial information statements.

24  The supervisors shall have the summary from the initiative

25  financial information statements available at each polling

26  place and at the main office of the supervisor of elections

27  upon request.

28         5.  The Secretary of State and the Office of Economic

29  and Demographic Research shall make available on the Internet

30  each initiative financial information statement in its

31  entirety. In addition, each supervisor of elections whose

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 1  office has a website shall post the summary from each

 2  initiative financial information statement on the website.

 3  Each supervisor shall include the Internet addresses for the

 4  information statements on the Secretary of State's and the

 5  Office of Economic and Demographic Research's websites in the

 6  publication or mailing required by s. 101.20.

 7         (11)(7)  The Department of State may adopt rules in

 8  accordance with s. 120.54 to carry out this section the

 9  provisions of subsections (1)-(6).

10         Section 4.  Section 100.372, Florida Statutes, is

11  created to read:

12         100.372  Regulation of initiative petition

13  circulators.--

14         (1)  For purposes of this section, a:

15         (a)  "Petition circulator" is any person who, in the

16  context of a direct face-to-face conversation, presents to

17  another person for his or her possible signature a petition

18  form or petition revocation form regarding ballot placement

19  for an initiative.

20         (b)  "Paid petition circulator" is a petition

21  circulator who receives any compensation as either a direct or

22  indirect consequence of the activities described in paragraph

23  (a).

24         (2)  A petition circulator must be, at the time the

25  petitioner circulator presents to any person for his or her

26  possible signature a petition form or petition revocation form

27  regarding ballot placement for an initiative, at least 18

28  years of age and eligible to register to vote in this state

29  pursuant to s. 97.041.

30         (3)  A paid petitioner circulator shall, when engaged

31  in the activities described in paragraph (1)(a), wear a

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 1  prominent badge, in a form and manner prescribed by rule by

 2  the division, identifying him or her as a "PAID PETITIONER

 3  CIRCULATOR."

 4         (4)  In addition to any other practice or action

 5  permissible under law, an owner, lessee, or other person

 6  lawfully exercising control over private property may:

 7         (a)  Uniformly prohibit petition circulators from

 8  operating on the property and prohibit persons from engaging

 9  in other activities supporting or opposing an initiative; or

10         (b)  Permit such conduct on the property subject to

11  time, place, and manner restrictions that are reasonable and

12  uniformly applied.

13         (5)  Prior to being presented to a possible elector for

14  signature, a petition form or petition revocation form

15  regarding ballot placement for an initiative must set forth

16  the following information in a format and manner prescribed by

17  rule by the division:

18         (a)  The name of any organization or entity with which

19  the petition circulator is affiliated and on behalf of which

20  the petition circulator is presenting forms to electors for

21  possible signature.

22         (b)  The name of the sponsor of the initiative if

23  different from the entity with which the petition circulator

24  is affiliated.

25         (c)  A statement directing those seeking information

26  about initiative sponsors and their contributors to the

27  internet address of the appropriate division website; and

28         (d)  A statement disclosing whether the petition

29  circulator is a paid petition circulator, and, if so, the

30  amount or rate of compensation and the name and address of the

31  

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 1  person or entity paying the compensation to the paid petition

 2  circulator.

 3         (6)(a)  A paid petition circulator shall attach to each

 4  signed petition form, petition revocation form, or group of

 5  such forms obtained by the paid petition circulator a signed,

 6  notarized, and dated affidavit executed by the paid petition

 7  circulator, in a form prescribed by rule by the division. If

 8  the affidavit pertains to a group of forms, the forms shall be

 9  consecutively numbered on their face by the paid petition

10  circulator and the affidavit shall refer to the forms by

11  number.

12         (b)  The affidavit shall include the paid petition

13  circulator's printed name; the street address at which he or

14  she resides, including county; the petition circulator's date

15  of birth; the petition circulator's Florida voter registration

16  number and county of registration, if applicable, or an

17  identification number from a valid government-issued photo

18  identification card along with information identifying the

19  issuer; and the date he or she signed the affidavit.

20         (c)  The affidavit shall attest that the paid petition

21  circulator has read and understands the laws governing the

22  circulation of petition and petition revocation forms

23  regarding ballot placement for an initiative; that he or she

24  was 18 years of age and eligible to register to vote at the

25  time the attached form or forms were circulated and signed by

26  the listed electors; that he or she circulated the attached

27  form or forms; that each signature thereon was affixed in the

28  circulator's presence; that each signature thereon is the

29  signature of the person whose name it purports to be; that to

30  the best of the circulator's knowledge and belief each of the

31  persons signing the form or forms was, at the time of signing,

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 1  a registered elector; that the circulator has not provided or

 2  received, and will not in the future provide or receive,

 3  compensation that is based, directly or indirectly, upon the

 4  number of signatures obtained on petitions or petition

 5  revocation forms; and that he or she has not paid or will not

 6  in the future pay, and that he or she believes that no other

 7  person has paid or will pay, directly or indirectly, any money

 8  or other thing of value to any signer for the purpose of

 9  inducing or causing such signer to affix his or her signature

10  to the form.

11         (d)  A signature on a petition form or petition

12  revocation form regarding ballot placement for an initiative

13  to which an affidavit required by this subsection is not

14  attached is invalid, may not be verified by the supervisor of

15  elections, and may not be counted toward the number of valid

16  signatures required for ballot placement.

17         (7)  Each paid petition circulator shall provide to the

18  sponsor of the initiative amendment for which he or she is

19  circulating petitions a copy of a valid and current

20  government-issued photo identification card that accurately

21  indicates the address at which the paid petition circulator

22  resides. The sponsor of the initiative shall maintain the

23  copies of these identification cards in its files and shall

24  make them available for inspection by any person. If a sponsor

25  fails to maintain such a copy with respect to a particular

26  paid petition circulator, all petitions obtained by that paid

27  petition circulator prior to the date the sponsor produces the

28  required copy of the identification card are invalid, may not

29  be verified by the supervisor of elections, and may not be

30  counted toward the number of valid signatures required for

31  ballot placement.

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 1         (8)  A signature on a petition form or petition

 2  revocation form regarding ballot placement for an initiative

 3  which does not fully comply with the applicable provisions of

 4  this chapter, or which was obtained in violation of the

 5  applicable provisions of this code, is invalid and may not be

 6  verified by a supervisor of elections and may not be counted

 7  toward the number of valid signatures required for ballot

 8  placement.

 9         Section 5.  Section 101.161, Florida Statutes, is

10  amended to read:

11         101.161  Referenda; ballots.--

12         (1)  Whenever a constitutional amendment or other

13  public measure is submitted to the vote of the people, the

14  substance of such amendment or other public measure shall be

15  printed in clear and unambiguous language on the ballot after

16  the list of candidates, followed by the word "yes" and also by

17  the word "no," and shall be styled in such a manner that a

18  "yes" vote will indicate approval of the proposal and a "no"

19  vote will indicate rejection. The wording of the substance of

20  the amendment or other public measure and the ballot title to

21  appear on the ballot shall be embodied in the joint

22  resolution, constitutional revision commission proposal,

23  constitutional convention proposal, taxation and budget reform

24  commission proposal, or enabling resolution or ordinance.

25  Except for amendments and ballot language proposed by joint

26  resolution, the substance of the amendment or other public

27  measure shall be an explanatory statement, not exceeding 75

28  words in length, of the chief purpose of the measure. In

29  addition, for every amendment proposed by initiative, the

30  ballot shall include, following the ballot summary, a separate

31  financial impact statement concerning the measure prepared by

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 1  the Financial Impact Estimating Conference in accordance with

 2  s. 100.371(10) s. 100.371(6). The ballot title shall consist

 3  of a caption, not exceeding 15 words in length, by which the

 4  measure is commonly referred to or spoken of.

 5         (2)  The substance and ballot title of a constitutional

 6  amendment proposed by initiative shall be prepared by the

 7  sponsor and approved by the Secretary of State in accordance

 8  with rules adopted pursuant to s. 120.54. The Department of

 9  State shall give each proposed constitutional amendment a

10  designating number for convenient reference. This number

11  designation shall appear on the ballot. Designating numbers

12  shall be assigned in the order of filing or certification and

13  in accordance with rules adopted by the Department of State.

14  The Department of State shall furnish the designating number,

15  the ballot title, and the substance of each amendment to the

16  supervisor of elections of each county in which such amendment

17  is to be voted on.

18         (3)(a)  The ballot for the general election in the year

19  2000 must contain a statement allowing voters to determine

20  whether circuit or county court judges will be selected by

21  merit selection and retention as provided in s. 10, Art. V of

22  the State Constitution. The ballot in each circuit must

23  contain the statement in paragraph (c). The ballot in each

24  county must contain the statement in paragraph (e).

25         (b)  For any general election in which the Secretary of

26  State, for any circuit, or the supervisor of elections, for

27  any county, has certified the ballot position for an

28  initiative to change the method of selection of judges, the

29  ballot for any circuit must contain the statement in paragraph

30  (c) or paragraph (d) and the ballot for any county must

31  contain the statement in paragraph (e) or paragraph (f).

                                  19

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 1         (c)  In any circuit where the initiative is to change

 2  the selection of circuit court judges to selection by merit

 3  selection and retention, the ballot shall state: "Shall the

 4  method of selecting circuit court judges in the ...(number of

 5  the circuit)... judicial circuit be changed from election by a

 6  vote of the people to selection by the judicial nominating

 7  commission and appointment by the Governor with subsequent

 8  terms determined by a retention vote of the people?" This

 9  statement must be followed by the word "yes" and also by the

10  word "no."

11         (d)  In any circuit where the initiative is to change

12  the selection of circuit court judges to election by the

13  voters, the ballot shall state: "Shall the method of selecting

14  circuit court judges in the ...(number of the circuit)...

15  judicial circuit be changed from selection by the judicial

16  nominating commission and appointment by the Governor with

17  subsequent terms determined by a retention vote of the people

18  to election by a vote of the people?" This statement must be

19  followed by the word "yes" and also by the word "no."

20         (e)  In any county where the initiative is to change

21  the selection of county court judges to merit selection and

22  retention, the ballot shall state: "Shall the method of

23  selecting county court judges in ...(name of county)... be

24  changed from election by a vote of the people to selection by

25  the judicial nominating commission and appointment by the

26  Governor with subsequent terms determined by a retention vote

27  of the people?" This statement must be followed by the word

28  "yes" and also by the word "no."

29         (f)  In any county where the initiative is to change

30  the selection of county court judges to election by the

31  voters, the ballot shall state: "Shall the method of selecting

                                  20

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 1  county court judges in ...(name of the county)... be changed

 2  from selection by the judicial nominating commission and

 3  appointment by the Governor with subsequent terms determined

 4  by a retention vote of the people to election by a vote of the

 5  people?" This statement must be followed by the word "yes" and

 6  also by the word "no."

 7         Section 6.  Paragraph (a) of subsection (4) of section

 8  101.62, Florida Statutes, is amended to read:

 9         101.62  Request for absentee ballots.--

10         (4)(a)  To each absent qualified elector overseas who

11  has requested an absentee ballot, the supervisor of elections

12  shall, not fewer than 35 days before the first primary

13  election, mail an absentee ballot.  Not fewer than 45 days

14  before the second primary and general election, the supervisor

15  of elections shall mail an advance absentee ballot to those

16  persons requesting ballots for such elections.  The advance

17  absentee ballot for the second primary shall be the same as

18  the first primary absentee ballot as to the names of

19  candidates, except that for any offices where there are only

20  two candidates, those offices and all political party

21  executive committee offices shall be omitted.  Except as

22  provided in ss. 99.063(4) and 100.371(10) 100.371(6), the

23  advance absentee ballot for the general election shall be as

24  specified in s. 101.151, except that in the case of candidates

25  of political parties where nominations were not made in the

26  first primary, the names of the candidates placing first and

27  second in the first primary election shall be printed on the

28  advance absentee ballot. The advance absentee ballot or

29  advance absentee ballot information booklet shall be of a

30  different color for each election and also a different color

31  from the absentee ballots for the first primary, second

                                  21

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 1  primary, and general election.  The supervisor shall mail an

 2  advance absentee ballot for the second primary and general

 3  election to each qualified absent elector for whom a request

 4  is received until the absentee ballots are printed. The

 5  supervisor shall enclose with the advance second primary

 6  absentee ballot and advance general election absentee ballot

 7  an explanation stating that the absentee ballot for the

 8  election will be mailed as soon as it is printed; and, if both

 9  the advance absentee ballot and the absentee ballot for the

10  election are returned in time to be counted, only the absentee

11  ballot will be counted. The Department of State may prescribe

12  by rule the requirements for preparing and mailing absentee

13  ballots to absent qualified electors overseas.

14         Section 7.  Section 104.012, Florida Statutes, is

15  amended to read:

16         104.012  Consideration for registration; interference

17  with registration; soliciting registrations for compensation;

18  alteration of registration application; failing to submit

19  registration application.--

20         (1)  Any person who gives anything of value that is

21  redeemable in cash to any person in consideration for his or

22  her becoming a registered voter commits a felony of the third

23  degree, punishable as provided in s. 775.082, s. 775.083, or

24  s. 775.084. This section shall not be interpreted, however, to

25  exclude such services as transportation to the place of

26  registration or baby-sitting in connection with the absence of

27  an elector from home for registering.

28         (2)  A person who by bribery, menace, threat, or other

29  corruption, directly or indirectly, influences, deceives, or

30  deters or attempts to influence, deceive, or deter any person

31  in the free exercise of that person's right to register to

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 1  vote at any time, upon the first conviction, commits a felony

 2  of the third degree, punishable as provided in s. 775.082, s.

 3  775.083, or s. 775.084, and, upon any subsequent conviction,

 4  commits a felony of the second degree, punishable as provided

 5  in s. 775.082, s. 775.083, or s. 775.084.

 6         (3)  A person may not solicit or pay another person to

 7  solicit voter registrations for compensation that is based

 8  upon the number of registrations obtained. A person who

 9  violates the provisions of this subsection commits a felony of

10  the third degree, punishable as provided in s. 775.082, s.

11  775.083, or s. 775.084.

12         (4)  A person who alters the voter registration

13  application of any other person, without the other person's

14  knowledge and consent, commits a felony of the third degree,

15  punishable as provided in s. 775.082, s. 775.083, or s.

16  775.084.

17         (5)  Any person who obtains an executed voter

18  registration application from another person and who willfully

19  fails to submit this application to the appropriate supervisor

20  of elections within 10 days commits a felony of the third

21  degree, punishable as provided in s. 775.082, s. 775.083, or

22  s. 775.084.

23         Section 8.  Section 104.185, Florida Statutes, is

24  amended to read:

25         104.185  Violations involving petitions; knowingly

26  signing more than once; signing another person's name or a

27  fictitious name.--

28         (1)  A person who knowingly signs a petition or

29  petitions to secure ballot position for a candidate, a minor

30  political party, or an issue more than one time commits a

31  misdemeanor of the first degree, punishable as provided in s.

                                  23

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 1  775.082 or s. 775.083 and, upon any subsequent conviction,

 2  commits a felony of the third degree, punishable as provided

 3  in s. 775.082, s. 775.083, or s. 775.084.

 4         (2)  A person who signs another person's name or a

 5  fictitious name to any petition to secure ballot position for

 6  a candidate, a minor political party, or an issue, or to a

 7  petition revocation form, commits a misdemeanor of the first

 8  degree, punishable as provided in s. 775.082 or s. 775.083

 9  and, upon any subsequent conviction, commits a felony of the

10  third degree, punishable as provided in s. 775.082, s.

11  775.083, or s. 775.084.

12         (3)  A person who willfully swears or affirms falsely

13  to any oath or affirmation, or willfully procures another

14  person to swear or affirm falsely to an oath or affirmation,

15  in connection with or arising out of the petitioning process

16  commits a misdemeanor of the first degree, punishable as

17  provided in s. 775.082, or s. 775.083 and, upon any subsequent

18  conviction, commits a felony of the third degree, punishable

19  as provided in s. 775.082, s. 775.083, or s. 775.084.

20         (4)  A person who willfully submits any false

21  information on a petition or petition revocation form commits

22  a misdemeanor of the first degree, punishable as provided in

23  s. 775.082 or s. 775.083 and, upon any subsequent conviction,

24  commits a felony of the third degree, punishable as provided

25  in s. 775.082, s. 775.083, or s. 775.084.

26         (5)  A person who directly or indirectly gives or

27  promises anything of value to any other person to induce that

28  other person to sign a petition or petition revocation form

29  commits a misdemeanor of the first degree, punishable as

30  provided in s. 775.082 or s. 775.083 and, upon any subsequent

31  

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 1  conviction, commits a felony of the third degree, punishable

 2  as provided in s. 775.082, s. 775.083, or s. 775.085.

 3         (6)  A person who, by bribery, menace, threat, or other

 4  corruption, directly or indirectly influences, deceives, or

 5  deters, or attempts to influence, deceive, or deter, any

 6  person in the free exercise of that person's right to sign a

 7  petition or petition revocation form, upon the first

 8  conviction commits a misdemeanor of the first degree,

 9  punishable as provided in s. 775.082 or s. 775.083 and, upon

10  any subsequent conviction, commits a felony of the third

11  degree, punishable as provided in s. 775.082, s. 775.083, or

12  s. 775.084.

13         (7)  A person may not provide or receive compensation

14  that is based, directly or indirectly, upon the number of

15  signatures obtained on petitions or petition revocation forms.

16  A person who violates this subsection commits a misdemeanor of

17  the first degree punishable as provided in s. 775.082 or s.

18  775.083 and, upon any subsequent conviction, commits a felony

19  of the third degree, punishable as provided in s. 775.082, s.

20  775.083, or s. 775.084.

21         (8)  A person who alters the petition or petition

22  revocation form signed by any other person without the other

23  person's knowledge and consent commits a misdemeanor of the

24  first degree, punishable as provided in s. 775.082 or s.

25  775.083 and, upon any subsequent conviction, commits a felony

26  of the third degree, punishable as provided in s. 775.082, s.

27  775.083, or s. 775.084.

28         (9)  A person perpetrating, or attempting to perpetrate

29  or aid in the perpetration of, any fraud in connection with

30  obtaining the signature of electors on petition or petition

31  revocation forms commits a misdemeanor of the first degree,

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 1  punishable as provided in s. 775.082 or s. 775.083 and, upon

 2  any subsequent conviction, commits a felony of the third

 3  degree, punishable as provided in s. 775.082, s. 775.083, or

 4  s. 775.084.

 5         (10)  In addition to any other penalty provided for by

 6  law, if a paid petition circulator, as defined in s.

 7  100.372(1), violates any provision of this section, the

 8  commission may, pursuant to s. 106.265, impose a civil penalty

 9  in the form of a fine not to exceed $1,000 per violation on

10  any person or entity on behalf of which the petition

11  circulator was acting at the time of the violation.

12         Section 9.  Section 104.42, Florida Statutes, is

13  amended to read:

14         104.42  Unlawful registrations, petitions, Fraudulent

15  registration and illegal voting; investigation.--

16         (1)  The supervisor of elections is authorized to

17  investigate unlawful fraudulent registrations, petitions, and

18  illegal voting and to report his or her findings to the local

19  state attorney, the Florida Department of Law Enforcement, and

20  the Florida Elections Commission.

21         (2)  The board of county commissioners in any county

22  may appropriate funds to the supervisor of elections for the

23  purpose of investigating unlawful fraudulent registrations,

24  petitions, and illegal voting.

25         (3)  The supervisor of elections shall document and

26  report suspected unlawful registrations, petitions, and voting

27  to the Florida Elections Commission within 10 days after

28  acquiring reasonable suspicion concerning the lawfulness of

29  the registrations, petitions, and voting.

30         Section 10.  Any signature gathered on an authorized

31  form for an initiative petition which has been submitted for

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 1  verification prior to the effective date of this act may be

 2  verified and counted, if otherwise valid. However, any

 3  petition form that is submitted for verification on or after

 4  the effective date of this act shall be verified and counted

 5  only if it complies with this act. Any initiative petition

 6  form approved by the Secretary of State prior to the effective

 7  date of this act is invalidated, and a new petition form must

 8  be resubmitted to the Secretary of State for approval in

 9  accordance with the requirements of this act prior to

10  obtaining elector signatures.

11         Section 11.  If any provision of this act or its

12  application to any person or circumstance is held invalid, the

13  invalidity does not affect other provisions or applications of

14  the act which can be given effect without the invalid

15  provision or application, and to this end the provisions of

16  this act are declared severable.

17         Section 12.  This act shall take effect August 1, 2005.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1996

 3                                 

 4  -    Provides that an action commenced to contest the
         verification of petitions must be filed no later than one
 5       year after the Secretary of State issues a certification
         of ballot position for the issue;
 6  
    -    Revises the provision relating to signature revocation by
 7       requiring sponsors to provide electors with signature
         revocation forms, and by permitting the division to
 8       promulgate rules to give effect to the section;

 9  -    Deletes language relating to the financial impact on the
         private sector of the state through the Financial Impact
10       Estimating Conference;

11  -    Permits a property owner, lessee, or other person
         lawfully exercising control over private property to
12       prohibit petition circulators from operating on the
         property and to prohibit persons from engaging in other
13       activities supporting or opposing an initiative, and to
         permit such conduct on the property subject to time,
14       place, and manner restrictions that are reasonable and
         uniformly applied;
15  
    -    Revises the information required to be disclosed on a
16       petition form;

17  -    Deletes a redundant section relating to personal
         information a petition circulator must disclose;
18  
    -    Includes government issued identification numbers as
19       permissible forms of identification for petition
         circulators;
20  
    -    Deletes a provision relating to contacting petition
21       circulators at a listed residence address;

22  -    Restores language relating to the selection of circuit
         and county judges;
23  
    -    Deletes a provision providing for criminal sanctions for
24       copying voter registration applications;

25  -    Deletes a provision providing for criminal sanctions for
         copying signed petition or petition revocation forms;
26  
    -    Revises criminal penalties;
27  
    -    Applies the possibility for civil penalties only to paid
28       petition circulators;

29  -    Requires supervisors to report suspected unlawful
         behavior to the Florida Elections Commission;
30  
    -    Corrects cross-references, makes technical changes, and
31       corrects various typographical and grammatical errors;
         and
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 1  -    Amends the effective date.

 2  

 3  

 4  

 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

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20  

21  

22  

23  

24  

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27  

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31  

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