| 1 | Representative Randolph offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsection (3) and paragraph (a) of subsection |
| 6 | (6) of section 100.371, Florida Statutes, are amended to read: |
| 7 | 100.371 Initiatives; procedure for placement on ballot.-- |
| 8 | (3) An initiative petition form circulated for signature |
| 9 | may not be bundled with or attached to any other petition. Each |
| 10 | signature shall be dated when made and shall be valid for a |
| 11 | period of 4 years following such date, provided all other |
| 12 | requirements of law are met. The sponsor shall submit signed and |
| 13 | dated forms to the appropriate supervisor of elections for |
| 14 | verification as to the number of registered electors whose valid |
| 15 | signatures appear thereon. Petition forms and petition |
| 16 | revocation forms must be submitted to the supervisor of |
| 17 | elections within 45 days after the date on which the petition |
| 18 | was signed in order to be valid. The supervisor shall promptly |
| 19 | verify the signatures within 30 days after of receipt of the |
| 20 | petition forms and payment of the fee required by s. 99.097. The |
| 21 | supervisor shall promptly record, in the manner prescribed by |
| 22 | the Secretary of State, the date each form is received by the |
| 23 | supervisor, and the date the signature on the form is verified |
| 24 | as valid. The supervisor may verify that the signature on a form |
| 25 | is valid only if: |
| 26 | (a) The form contains the original signature of the |
| 27 | purported elector. |
| 28 | (b) The purported elector has accurately recorded on the |
| 29 | form the date on which he or she signed the form. |
| 30 | (c) The form accurately sets forth the purported elector's |
| 31 | name, street address, county, and voter registration number or |
| 32 | date of birth. |
| 33 | (d) The purported elector is, at the time he or she signs |
| 34 | the form, a duly qualified and registered elector authorized to |
| 35 | vote in the county in which his or her signature is submitted. |
| 36 |
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| 37 | The supervisor shall retain the signature forms for at least 1 |
| 38 | year following the election in which the issue appeared on the |
| 39 | ballot or until the Division of Elections notifies the |
| 40 | supervisors of elections that the committee which circulated the |
| 41 | petition is no longer seeking to obtain ballot position. |
| 42 | (6)(a) An elector's signature on a petition form may be |
| 43 | revoked within 150 days of the date on which he or she signed |
| 44 | the petition form by submitting to the appropriate supervisor of |
| 45 | elections a signed petition-revocation form. |
| 46 | Section 2. Section 100.372, Florida Statutes, is created |
| 47 | to read: |
| 48 | 100.372 Paid petition circulators.-- |
| 49 | (1) DEFINITIONS.--For purposes of this section: |
| 50 | (a) "Department" means the Department of State. |
| 51 | (b) "Initiative sponsor" means the political committee |
| 52 | registered pursuant to s. 106.03 that has submitted the text of |
| 53 | a proposed amendment to the Secretary of State. |
| 54 | (c) "Paid petition circulator" means a petition circulator |
| 55 | who receives compensation or other valuable consideration as a |
| 56 | direct or indirect consequence of engaging in the activities |
| 57 | described in paragraph (d), other than for the reimbursement of |
| 58 | legitimate out-of-pocket expenses incurred by the petition |
| 59 | circulator in the ordinary course of these activities, as |
| 60 | specified by rule of the department. |
| 61 | (d) "Petition circulator" means a person who, in the |
| 62 | context of a direct, face-to-face interaction, presents to |
| 63 | another person for his or her possible signature an initiative |
| 64 | petition form. |
| 65 | (e) "Registrant" means a person who is registered with the |
| 66 | department as a paid petition circulator. |
| 67 | (2) PROHIBITION ON UNREGISTERED PAID PETITION |
| 68 | CIRCULATING.--A person may not engage in any activities as a |
| 69 | paid petition circulator in this state without first registering |
| 70 | with the department. A person or entity may not provide |
| 71 | compensation or other valuable consideration as a direct or |
| 72 | indirect consequence of the activities described in paragraph |
| 73 | (1)(d) to a petition circulator who is not registered with the |
| 74 | department as a paid petition circulator. |
| 75 | (3) REGISTRATION FOR PAID PETITION CIRCULATORS; |
| 76 | REQUIREMENTS.-- |
| 77 | (a) A person may apply to the department for the |
| 78 | registration required under subsection (2). The application must |
| 79 | include: |
| 80 | 1. The full name and any assumed name of the applicant. |
| 81 | 2. The residential street address of the applicant. |
| 82 | 3. The signature of the applicant. |
| 83 | 4. Identification of the initiative petitions that the |
| 84 | applicant will be circulating. |
| 85 | 5. The name, street address, and telephone number of the |
| 86 | person or entity from which the applicant will receive |
| 87 | compensation as a direct or indirect consequence of the |
| 88 | activities described in paragraph (1)(d). |
| 89 | (b) If an applicant provides the information identified in |
| 90 | paragraph (a), the department shall register the applicant and |
| 91 | assign the registrant a registration number. No part of this |
| 92 | section shall be in force unless and until the department |
| 93 | creates an online application that fulfills all requirements of |
| 94 | this section and that allows a registrant to fully register with |
| 95 | the department in compliance with this section, including the |
| 96 | payment of any fees. Upon completion of the online application, |
| 97 | the department shall register the applicant within 3 business |
| 98 | days after the date on which the online application was |
| 99 | completed. As a condition of registration, the registrant shall |
| 100 | notify the department in writing of any change in the |
| 101 | information submitted pursuant to this subsection within 10 |
| 102 | business days after such change. |
| 103 | (4) REQUIREMENTS FOR INITIATIVE PETITION FORMS.--Every |
| 104 | initiative petition form presented by a registrant to a person |
| 105 | for his or her possible signature must contain the registrant's |
| 106 | registration number as issued by the department. |
| 107 | (5) RULEMAKING.--The Department of State shall adopt rules |
| 108 | pursuant to ss. 120.536(1) and 120.54 to administer this |
| 109 | section, including the adoption of a registration fee necessary |
| 110 | to cover the department's cost of registration. Funds collected |
| 111 | from registrants shall be deposited in the Grants and Donations |
| 112 | Trust Fund of the Department of State. |
| 113 | Section 3. This act shall take effect upon becoming a law. |
| 114 |
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| 115 |
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| 116 | ----------------------------------------------------- |
| 117 | T I T L E A M E N D M E N T |
| 118 | Remove the entire title and insert: |
| 119 | A bill to be entitled |
| 120 | An act relating to elections; amending s. 100.371, F.S.; |
| 121 | requiring that petition forms and petition revocation |
| 122 | forms be submitted within a specified period after the |
| 123 | date on which the petition was signed in order to be |
| 124 | valid; deleting a limitation on the period for revoking a |
| 125 | signature on a petition form; creating s. 100.372, F.S.; |
| 126 | providing definitions; requiring registration of paid |
| 127 | petition circulators and prohibiting the payment of |
| 128 | compensation to those not properly registered; providing |
| 129 | application requirements; requiring the Department of |
| 130 | State to create an online application as a condition of |
| 131 | the section being enforced; requiring registration numbers |
| 132 | to appear on certain forms; requiring the department to |
| 133 | adopt rules; providing for a registration fee; providing |
| 134 | for disposition of funds; providing an effective date. |