Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 1471, 2nd Eng.
                        Barcode 030784
                            CHAMBER ACTION
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11  Senator Alexander moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  This act may be cited as the "Petition
18  Fraud and Voter Protection Act."
19         Section 2.  Subsections (1), (3), and (4) of section
20  99.097, Florida Statutes, are amended, and subsection (6) is
21  added to that section, to read:
22         99.097  Verification of signatures on petitions.--
23         (1)  As determined by each supervisor, based upon local
24  conditions, the verification of signatures checking of names
25  on petitions may be based on the most inexpensive and
26  administratively feasible of either of the following methods
27  of verification:
28         (a)  A name-by-name, signature-by-signature check of
29  the number of valid authorized signatures on the petitions; or
30         (b)  A check of a random sample, as provided by the
31  Department of State, of names and signatures on the petitions.
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Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 The sample must be such that a determination can be made as to 2 whether or not the required number of valid signatures has 3 have been obtained with a reliability of at least 99.5 4 percent. Rules and guidelines for this method of petition 5 verification shall be promulgated by the Department of State, 6 which may include a requirement that petitions bear an 7 additional number of names and signatures, not to exceed 15 8 percent of the names and signatures otherwise required. If 9 the petitions do not meet such criteria, then the use of the 10 verification method described in this paragraph shall not be 11 available to supervisors. 12 13 Notwithstanding any other provision of law, petitions to 14 secure ballot placement for an issue, and petition revocations 15 directed pursuant to s. 100.371(7), must be verified by the 16 method provided in paragraph (a). 17 (3)(a) A signature name on a petition, in a name that 18 which name is not in substantially the same form as a name on 19 the voter registration books, shall be counted as a valid 20 signature if, after comparing the signature on the petition 21 with the signature of the alleged signer as shown on the 22 registration books, the supervisor determines that the person 23 signing the petition and the person who registered to vote are 24 one and the same. In any situation in which this code 25 requires the form of the petition to be prescribed by the 26 division, no signature shall be counted toward the number of 27 signatures required unless it is on a petition form prescribed 28 by the division. A signature on a petition may not be counted 29 toward the number of valid signatures required for ballot 30 placement unless all relevant provisions of this code have 31 been satisfied. 2 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 (b) If a voter signs a petition and lists an address 2 other than the legal residence where the voter is registered, 3 the supervisor shall treat the signature as if the voter had 4 listed the address where the voter is registered. 5 (4)(a) The supervisor shall be paid in advance the sum 6 of 10 cents for each signature checked or the actual cost of 7 checking such signature, whichever is less, by the candidate 8 or, in the case of a petition to have an issue placed on the 9 ballot, by the person or organization submitting the petition. 10 However, if a candidate, person, or organization seeking to 11 have an issue placed upon the ballot cannot pay such charges 12 without imposing an undue burden on personal resources or upon 13 the resources otherwise available to such candidate, person, 14 or organization, such candidate, person, or organization 15 shall, upon written certification of such inability given 16 under oath to the supervisor, be entitled to have the 17 signatures verified at no charge. In the event a candidate, 18 person, or organization submitting a petition to have an issue 19 placed upon the ballot is entitled to have the signatures 20 verified at no charge, the supervisor of elections of each 21 county in which the signatures are verified at no charge shall 22 submit the total number of such signatures checked in the 23 county to the Chief Financial Officer no later than December 1 24 of the general election year, and the Chief Financial Officer 25 shall cause such supervisor of elections to be reimbursed from 26 the General Revenue Fund in an amount equal to 10 cents for 27 each signature name checked or the actual cost of checking 28 such signatures, whichever is less. In no event shall such 29 reimbursement of costs be deemed or applied as extra 30 compensation for the supervisor. Petitions shall be retained 31 by the supervisors for a period of 1 year following the 3 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 election for which the petitions were circulated. 2 (b) A person or organization submitting a petition to 3 secure ballot placement for an issue which has filed a 4 certification of undue burden may not provide compensation to 5 any paid petition circulator, as defined in s. 100.372, unless 6 the person or organization first pays all supervisors for each 7 signature checked or reimburses the General Revenue Fund for 8 such costs. If a person or organization subject to this 9 paragraph provides compensation to a paid petition circulator 10 before the date the person or organization pays all 11 supervisors for each signature checked or reimburses the 12 General Revenue Fund for such costs, no signature on a 13 petition circulated by the petition circulator before that 14 date may be counted toward the number of valid signatures 15 required for ballot placement until the person or organization 16 pays all supervisors for each signature checked or reimburses 17 the General Revenue Fund for such costs. 18 (6)(a) The alleged improper verification of a 19 signature on a petition to secure ballot placement for an 20 issue pursuant to this code may be contested in the circuit 21 court by a political committee or by an elector. The 22 contestant shall file a complaint setting forth the basis of 23 the contest, together with the fees prescribed in chapter 28, 24 with the clerk of the circuit court in the county in which the 25 petition is certified or in Leon County if the complaint is 26 directed to petitions certified in more than one county. 27 (b) If the contestant demonstrates by a preponderance 28 of the evidence that one or more petitions were improperly 29 verified, the signatures appearing on such petitions may not 30 be counted toward the number of valid signatures required for 31 ballot placement. If an action brought under this subsection 4 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 is resolved after the Secretary of State has issued a 2 certificate of ballot position for the issue, but the 3 contestant demonstrates that the person or organization 4 submitting the petition had obtained verification of an 5 insufficient number of valid and verified signatures to 6 qualify for ballot placement, the issue shall be removed from 7 the ballot or, if such action is impractical, any votes cast 8 for or against the issue may not be counted and shall be 9 invalidated. 10 (c) An action under this subsection must be commenced 11 no later than 90 days after the Secretary of State issues a 12 certificate of ballot position for the issue. 13 Section 3. Section 100.371, Florida Statutes, as 14 amended by section 9 of chapter 2002-281, Laws of Florida, is 15 amended to read: 16 100.371 Initiatives; procedure for placement on 17 ballot.-- 18 (1) Constitutional amendments proposed by initiative 19 shall be placed on the ballot for the general election 20 providing that an initiative petition is filed with the 21 Secretary of State by February 1 of the year in which the 22 general election is to be held occurring in excess of 90 days 23 from the certification of ballot position by the Secretary of 24 State. 25 (2) Certification of ballot position Such 26 certification shall be issued when the Secretary of State has 27 received verification certificates from the supervisors of 28 elections indicating that the requisite number and 29 distribution of valid petitions bearing the signatures of 30 electors have been submitted to and verified by the 31 supervisors. Every signature shall be dated by the elector 5 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 when made. Signatures are and shall be valid for a period of 4 2 years following such date, provided all other requirements of 3 law are satisfied complied with. 4 (3) The sponsor of an initiative amendment shall, 5 prior to obtaining any signatures, register as a political 6 committee pursuant to s. 106.03 and submit the text of the 7 proposed amendment to the Secretary of State, with the form on 8 which the signatures will be affixed, and shall obtain the 9 approval of the Secretary of State of such form. The division 10 Secretary of State shall adopt rules pursuant to s. 120.54 11 prescribing the style and requirements of such form. Upon 12 filing with the Secretary of State, the text of the proposed 13 amendment and all forms filed in connection with this section 14 must, upon request, be made available in alternative formats. 15 16 The contents of a petition form shall be limited to those 17 items required by statute or rule. A petition form shall be 18 deemed a political advertisement as defined in s. 106.011 and, 19 as such, must comply with all relevant requirements of chapter 20 106. 21 (4) The supervisor of elections shall record the date 22 each petition form was received by the supervisor and the date 23 the signature on the form was verified as valid. The 24 supervisor shall verify that the signature on a petition form 25 is valid only if the form complies with all of the following: 26 (a) The form must contain the original signature of 27 the purported elector; 28 (b) The purported elector must accurately record on 29 the form the date on which he or she signed the form; 30 (c) The form must accurately set forth the purported 31 elector's name, street address, county, voter registration 6 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 number or date of birth; 2 (d) The purported elector must be, at the time he or 3 she signs the form, a duly qualified and registered elector 4 authorized to vote in the county in which his or her signature 5 is submitted; 6 (e) The date the elector signed the form, as recorded 7 by the elector, must be no more than 30 days from the date the 8 form was received by the supervisor of elections; 9 (f) The elector must accurately record on the form 10 whether the elector signed the form in the presence of a 11 petition circulator, as defined in s. 100.372(1); and 12 (g) If the elector signed the petition form in the 13 presence of a petition circulator, the petition form must 14 comply with the requirements of s. 100.372. 15 (5) An elector has the right to submit his or her 16 signed form to the sponsor of the initiative amendment, by 17 mail or otherwise, at an address listed on the form for this 18 purpose. 19 (6) Each form must contain the following notices at 20 the top of the form in bold type and in a 16-point or larger 21 font, immediately following the title "Constitutional 22 Amendment Petition Form": 23 24 RIGHT TO MAIL IN.--You have the right to take 25 this petition home and study the issue before 26 signing. If you choose to sign the petition, 27 you may return it to the sponsors of the 28 amendment at the following 29 address:__________________________________. 30 31 NATURE OF AMENDMENT.--The merits of the 7 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 proposed change to the Florida Constitution 2 appearing below have not been officially 3 reviewed by any court or agency of state 4 government. 5 6 (7) An elector's signature on a petition form may be 7 revoked by submitting to the supervisor a signed petition 8 revocation form adopted by rule for this purpose by the 9 division. The sponsor of an initiative amendment shall provide 10 to any elector submitting his or her signature on a petition 11 form a revocation form for that initiative. The revocation 12 form must contain the address of the Secretary of State to 13 permit the elector to submit the revocation form via United 14 States mail. The petition revocation form shall be filed with 15 the Secretary of State no later than January 1 preceding the 16 next general election or, if the initiative amendment is not 17 certified for ballot position in that election, no later than 18 the January 1 preceding the next successive general election. 19 The division shall promptly process the revocation form under 20 procedures adopted by rule for this purpose by the division. 21 (8)(4) The sponsor shall submit signed and dated forms 22 to the appropriate supervisor of elections for verification as 23 to the number of registered electors whose valid signatures 24 appear thereon. The supervisor shall promptly verify the 25 signatures upon payment of the fee required by s. 99.097. Upon 26 completion of verification, the supervisor shall execute a 27 certificate indicating the total number of signatures checked, 28 the number of signatures verified as valid and as being of 29 registered electors, the number of signatures validly revoked 30 pursuant to subsection (7), and the distribution of such 31 signatures by congressional district. This certificate shall 8 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 be immediately transmitted to the Secretary of State. The 2 supervisor shall retain the signed signature forms and 3 revocation forms for at least 1 year following the election in 4 which the issue appeared on the ballot or until the Division 5 of Elections notifies the supervisors of elections that the 6 committee which circulated the petition is no longer seeking 7 to obtain ballot position. 8 (9)(5) The Secretary of State shall determine from the 9 verification certificates received from supervisors of 10 elections the total number of verified valid signatures and 11 the distribution of such signatures by congressional 12 districts. Upon a determination that the requisite number and 13 distribution of valid signatures have been obtained, the 14 secretary shall issue a certificate of ballot position for 15 that proposed amendment and shall assign a designating number 16 pursuant to s. 101.161. A petition shall be deemed to be filed 17 with the Secretary of State upon the date of the receipt by 18 the secretary of a certificate or certificates from 19 supervisors of elections indicating the petition has been 20 signed by the constitutionally required number of electors. 21 (10)(6)(a) Within 45 days after receipt of a proposed 22 revision or amendment to the State Constitution by initiative 23 petition from the Secretary of State or, within 30 days after 24 such receipt if receipt occurs 120 days or less before the 25 election at which the question of ratifying the amendment will 26 be presented, the Financial Impact Estimating Conference shall 27 complete an analysis and financial impact statement to be 28 placed on the ballot of the estimated increase or decrease in 29 any revenues or costs to state or local governments resulting 30 from the proposed initiative. The ballot must include a 31 statement, as prescribed by rule of the Department of State, 9 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 to the effect that the financial impact statement is required 2 under the State Constitution and the Florida Statutes and 3 should not be construed as an endorsement by the state of the 4 proposed revision or amendment to the State Constitution. The 5 Financial Impact Estimating Conference shall submit the 6 financial impact statement to the Attorney General and 7 Secretary of State. 8 (b)1. The Financial Impact Estimating Conference shall 9 provide an opportunity for any proponents or opponents of the 10 initiative to submit information and may solicit information 11 or analysis from any other entities or agencies, including the 12 Office of Economic and Demographic Research. All meetings of 13 the Financial Impact Estimating Conference shall be open to 14 the public as provided in chapter 286. 15 2. The Financial Impact Estimating Conference is 16 established to review, analyze, and estimate the financial 17 impact of amendments to or revisions of the State Constitution 18 proposed by initiative. The Financial Impact Estimating 19 Conference shall consist of four principals: one person from 20 the Executive Office of the Governor; the coordinator of the 21 Office of Economic and Demographic Research, or his or her 22 designee; one person from the professional staff of the 23 Senate; and one person from the professional staff of the 24 House of Representatives. Each principal shall have 25 appropriate fiscal expertise in the subject matter of the 26 initiative. A Financial Impact Estimating Conference may be 27 appointed for each initiative. 28 3. Principals of the Financial Impact Estimating 29 Conference shall reach a consensus or majority concurrence on 30 a clear and unambiguous financial impact statement, no more 31 than 75 words in length, and immediately submit the statement 10 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 to the Attorney General. Nothing in this subsection prohibits 2 the Financial Impact Estimating Conference from setting forth 3 a range of potential impacts in the financial impact 4 statement. Any financial impact statement that a court finds 5 not to be in accordance with this section shall be remanded 6 solely to the Financial Impact Estimating Conference for 7 redrafting. The Financial Impact Estimating Conference shall 8 redraft the financial impact statement within 15 days. 9 4. If the members of the Financial Impact Estimating 10 Conference are unable to agree on the statement required by 11 this subsection, or if the Supreme Court has rejected the 12 initial submission by the Financial Impact Estimating 13 Conference and no redraft has been approved by the Supreme 14 Court by April 1 of the year in which the general election is 15 to be held 5 p.m. on the 75th day before the election, the 16 following statement shall appear on the ballot pursuant to s. 17 101.161(1): "The financial impact of this measure, if any, 18 cannot be reasonably determined at this time." 19 (c) The financial impact statement must be separately 20 contained and be set forth after the ballot summary as 21 required in s. 101.161(1). 22 (d)1. Any financial impact statement that the Supreme 23 Court finds not to be in accordance with this subsection shall 24 be remanded solely to the Financial Impact Estimating 25 Conference for redrafting, provided the court's advisory 26 opinion is rendered by April 1 of the year in which the 27 general election is to be held at least 75 days before the 28 election at which the question of ratifying the amendment will 29 be presented. The Financial Impact Estimating Conference shall 30 prepare and adopt a revised financial impact statement no 31 later than 5 p.m. on the 15th day after the date of the 11 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 court's opinion. 2 2. If, by 5 p.m. on April 1 of the year in which the 3 general election is to be held the 75th day before the 4 election, the Supreme Court has not issued an advisory opinion 5 on the initial financial impact statement prepared by the 6 Financial Impact Estimating Conference for an initiative 7 amendment that otherwise meets the legal requirements for 8 ballot placement, the financial impact statement shall be 9 deemed approved for placement on the ballot. 10 3. In addition to the financial impact statement 11 required by this subsection, the Financial Impact Estimating 12 Conference shall draft an initiative financial information 13 statement. The initiative financial information statement 14 should describe in greater detail than the financial impact 15 statement any projected increase or decrease in revenues or 16 costs that the state or local governments would likely 17 experience if the ballot measure were approved. If 18 appropriate, the initiative financial information statement 19 may include both estimated dollar amounts and a description 20 placing the estimated dollar amounts into context. The 21 initiative financial information statement must include both a 22 summary of not more than 500 words and additional detailed 23 information that includes the assumptions that were made to 24 develop the financial impacts, workpapers, and any other 25 information deemed relevant by the Financial Impact Estimating 26 Conference. 27 4. The Department of State shall have printed, and 28 shall furnish to each supervisor of elections, a copy of the 29 summary from the initiative financial information statements. 30 The supervisors shall have the summary from the initiative 31 financial information statements available at each polling 12 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 place and at the main office of the supervisor of elections 2 upon request. 3 5. The Secretary of State and the Office of Economic 4 and Demographic Research shall make available on the Internet 5 each initiative financial information statement in its 6 entirety. In addition, each supervisor of elections whose 7 office has a website shall post the summary from each 8 initiative financial information statement on the website. 9 Each supervisor shall include the Internet addresses for the 10 information statements on the Secretary of State's and the 11 Office of Economic and Demographic Research's websites in the 12 publication or mailing required by s. 101.20. 13 (11)(7) The Department of State may adopt rules in 14 accordance with s. 120.54 to carry out this section the 15 provisions of subsections (1)-(6). 16 Section 4. Section 100.372, Florida Statutes, is 17 created to read: 18 100.372 Regulation of initiative petition 19 circulators.-- 20 (1) For purposes of this section, a: 21 (a) "Petition circulator" is any person who, in the 22 context of a direct face-to-face conversation, presents to 23 another person for his or her possible signature a petition 24 form or petition revocation form regarding ballot placement 25 for an initiative. 26 (b) "Paid petition circulator" is a petition 27 circulator who receives any compensation as either a direct or 28 indirect consequence of the activities described in paragraph 29 (a). 30 (2) At the time a petition circulator presents to any 31 person for his or her possible signature a petition form or 13 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 petition revocation form regarding ballot placement for an 2 initiative, the petition circulator must: 3 (a) Be at least 18 years of age; 4 (b) Be eligible to register to vote in this or any 5 other state or territory of the United States; and 6 (c) Not be a convicted felon ineligible to register or 7 vote under s. 97.041(2)(b). 8 (3) A paid petition circulator shall, when engaged in 9 the activities described in paragraph (1)(a), wear a prominent 10 badge, in a form and manner prescribed by rule by the 11 division, identifying him or her as a "PAID PETITION 12 CIRCULATOR." 13 (4) In addition to any other practice or action 14 permissible under law, an owner, lessee, or other person 15 lawfully exercising control over private property may: 16 (a) Uniformly prohibit petition circulators from 17 operating on the property and prohibit persons from engaging 18 in other activities supporting or opposing an initiative; or 19 (b) Permit such conduct on the property subject to 20 time, place, and manner restrictions that are reasonable and 21 uniformly applied. 22 (5) Prior to being presented to a possible elector for 23 signature, a petition form or petition revocation form 24 regarding ballot placement for an initiative must set forth 25 the following information in a format and manner prescribed by 26 rule by the division: 27 (a) The name of any organization or entity with which 28 the petition circulator is affiliated and on behalf of which 29 the petition circulator is presenting forms to electors for 30 possible signature. 31 (b) The name of the sponsor of the initiative if 14 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 different from the entity with which the petition circulator 2 is affiliated. 3 (c) A statement directing those seeking information 4 about initiative sponsors and their contributors to the 5 internet address of the appropriate division website; and 6 (d) A statement disclosing whether the petition 7 circulator is a paid petition circulator, and, if so, the 8 amount or rate of compensation and the name and address of the 9 person or entity paying the compensation to the paid petition 10 circulator. 11 (6)(a) A paid petition circulator shall attach to each 12 signed petition form, petition revocation form, or group of 13 such forms obtained by the paid petition circulator a signed 14 and dated declaration under penalty of perjury executed by the 15 paid petition circulator, in a form prescribed by rule by the 16 division. If the declaration pertains to a group of forms, the 17 forms shall be consecutively numbered on their face by the 18 paid petition circulator and the declaration shall refer to 19 the forms by number. 20 (b) The declaration shall include the paid petition 21 circulator's printed name; the street address at which he or 22 she resides, including county; the petition circulator's date 23 of birth; the petition circulator's Florida voter registration 24 number and county of registration, if applicable, or an 25 identification number from a valid government-issued photo 26 identification card along with information identifying the 27 issuer; and the date he or she signed the declaration. 28 (c) The declaration shall attest that the paid 29 petition circulator has read and understands the laws 30 governing the circulation of petition and petition revocation 31 forms regarding ballot placement for an initiative; that he or 15 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 she satisfied the requirements of s. 100.372(2) at the time 2 the attached form or forms were circulated and signed by the 3 listed electors; that he or she circulated the attached form 4 or forms; that each signature thereon was affixed in the 5 circulator's presence; that each signature thereon is the 6 signature of the person whose name it purports to be; that to 7 the best of the circulator's knowledge and belief each of the 8 persons signing the form or forms was, at the time of signing, 9 a registered elector; that the circulator has not provided or 10 received, and will not in the future provide or receive, 11 compensation that is based, directly or indirectly, upon the 12 number of signatures obtained on petitions or petition 13 revocation forms; and that he or she has not paid or will not 14 in the future pay, and that he or she believes that no other 15 person has paid or will pay, directly or indirectly, any money 16 or other thing of value to any signer for the purpose of 17 inducing or causing such signer to affix his or her signature 18 to the form. 19 (d) A signature on a petition form or petition 20 revocation form regarding ballot placement for an initiative 21 to which a declaration required by this subsection is not 22 attached is invalid, may not be verified by the supervisor of 23 elections, and may not be counted toward the number of valid 24 signatures required for ballot placement. 25 (7) Each paid petition circulator shall provide to the 26 sponsor of the initiative amendment for which he or she is 27 circulating petitions a copy of a valid and current 28 government-issued photo identification card that accurately 29 indicates the address at which the paid petition circulator 30 resides. The sponsor of the initiative shall maintain the 31 copies of these identification cards in its files and shall 16 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 make them available for inspection by the division, a 2 supervisor of elections, or any law enforcement agency. If a 3 sponsor fails to maintain such a copy with respect to a 4 particular paid petition circulator, all petitions obtained by 5 that paid petition circulator prior to the date the sponsor 6 produces the required copy of the identification card are 7 invalid, may not be verified by the supervisor of elections, 8 and may not be counted toward the number of valid signatures 9 required for ballot placement. 10 (8) A signature on a petition form or petition 11 revocation form regarding ballot placement for an initiative 12 which does not fully comply with the applicable provisions of 13 this chapter, or which was obtained in violation of the 14 applicable provisions of this code, is invalid and may not be 15 verified by a supervisor of elections and may not be counted 16 toward the number of valid signatures required for ballot 17 placement. 18 Section 5. Section 101.161, Florida Statutes, is 19 amended to read: 20 101.161 Referenda; ballots.-- 21 (1) Whenever a constitutional amendment or other 22 public measure is submitted to the vote of the people, the 23 substance of such amendment or other public measure shall be 24 printed in clear and unambiguous language on the ballot after 25 the list of candidates, followed by the word "yes" and also by 26 the word "no," and shall be styled in such a manner that a 27 "yes" vote will indicate approval of the proposal and a "no" 28 vote will indicate rejection. The wording of the substance of 29 the amendment or other public measure and the ballot title to 30 appear on the ballot shall be embodied in the joint 31 resolution, constitutional revision commission proposal, 17 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 constitutional convention proposal, taxation and budget reform 2 commission proposal, or enabling resolution or ordinance. 3 Except for amendments and ballot language proposed by joint 4 resolution, the substance of the amendment or other public 5 measure shall be an explanatory statement, not exceeding 75 6 words in length, of the chief purpose of the measure. In 7 addition, for every amendment proposed by initiative, the 8 ballot shall include, following the ballot summary, a separate 9 financial impact statement concerning the measure prepared by 10 the Financial Impact Estimating Conference in accordance with 11 s. 100.371(10) s. 100.371(6). The ballot title shall consist 12 of a caption, not exceeding 15 words in length, by which the 13 measure is commonly referred to or spoken of. 14 (2) The substance and ballot title of a constitutional 15 amendment proposed by initiative shall be prepared by the 16 sponsor and approved by the Secretary of State in accordance 17 with rules adopted pursuant to s. 120.54. The Department of 18 State shall give each proposed constitutional amendment a 19 designating number for convenient reference. This number 20 designation shall appear on the ballot. Designating numbers 21 shall be assigned in the order of filing or certification and 22 in accordance with rules adopted by the Department of State. 23 The Department of State shall furnish the designating number, 24 the ballot title, and the substance of each amendment to the 25 supervisor of elections of each county in which such amendment 26 is to be voted on. 27 (3)(a) The ballot for the general election in the year 28 2000 must contain a statement allowing voters to determine 29 whether circuit or county court judges will be selected by 30 merit selection and retention as provided in s. 10, Art. V of 31 the State Constitution. The ballot in each circuit must 18 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 contain the statement in paragraph (c). The ballot in each 2 county must contain the statement in paragraph (e). 3 (b) For any general election in which the Secretary of 4 State, for any circuit, or the supervisor of elections, for 5 any county, has certified the ballot position for an 6 initiative to change the method of selection of judges, the 7 ballot for any circuit must contain the statement in paragraph 8 (c) or paragraph (d) and the ballot for any county must 9 contain the statement in paragraph (e) or paragraph (f). 10 (c) In any circuit where the initiative is to change 11 the selection of circuit court judges to selection by merit 12 selection and retention, the ballot shall state: "Shall the 13 method of selecting circuit court judges in the ...(number of 14 the circuit)... judicial circuit be changed from election by a 15 vote of the people to selection by the judicial nominating 16 commission and appointment by the Governor with subsequent 17 terms determined by a retention vote of the people?" This 18 statement must be followed by the word "yes" and also by the 19 word "no." 20 (d) In any circuit where the initiative is to change 21 the selection of circuit court judges to election by the 22 voters, the ballot shall state: "Shall the method of selecting 23 circuit court judges in the ...(number of the circuit)... 24 judicial circuit be changed from selection by the judicial 25 nominating commission and appointment by the Governor with 26 subsequent terms determined by a retention vote of the people 27 to election by a vote of the people?" This statement must be 28 followed by the word "yes" and also by the word "no." 29 (e) In any county where the initiative is to change 30 the selection of county court judges to merit selection and 31 retention, the ballot shall state: "Shall the method of 19 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 selecting county court judges in ...(name of county)... be 2 changed from election by a vote of the people to selection by 3 the judicial nominating commission and appointment by the 4 Governor with subsequent terms determined by a retention vote 5 of the people?" This statement must be followed by the word 6 "yes" and also by the word "no." 7 (f) In any county where the initiative is to change 8 the selection of county court judges to election by the 9 voters, the ballot shall state: "Shall the method of selecting 10 county court judges in ...(name of the county)... be changed 11 from selection by the judicial nominating commission and 12 appointment by the Governor with subsequent terms determined 13 by a retention vote of the people to election by a vote of the 14 people?" This statement must be followed by the word "yes" and 15 also by the word "no." 16 Section 6. Paragraph (a) of subsection (4) of section 17 101.62, Florida Statutes, is amended to read: 18 101.62 Request for absentee ballots.-- 19 (4)(a) To each absent qualified elector overseas who 20 has requested an absentee ballot, the supervisor of elections 21 shall, not fewer than 35 days before the first primary 22 election, mail an absentee ballot. Not fewer than 45 days 23 before the second primary and general election, the supervisor 24 of elections shall mail an advance absentee ballot to those 25 persons requesting ballots for such elections. The advance 26 absentee ballot for the second primary shall be the same as 27 the first primary absentee ballot as to the names of 28 candidates, except that for any offices where there are only 29 two candidates, those offices and all political party 30 executive committee offices shall be omitted. Except as 31 provided in ss. 99.063(4) and 100.371(10) 100.371(6), the 20 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 advance absentee ballot for the general election shall be as 2 specified in s. 101.151, except that in the case of candidates 3 of political parties where nominations were not made in the 4 first primary, the names of the candidates placing first and 5 second in the first primary election shall be printed on the 6 advance absentee ballot. The advance absentee ballot or 7 advance absentee ballot information booklet shall be of a 8 different color for each election and also a different color 9 from the absentee ballots for the first primary, second 10 primary, and general election. The supervisor shall mail an 11 advance absentee ballot for the second primary and general 12 election to each qualified absent elector for whom a request 13 is received until the absentee ballots are printed. The 14 supervisor shall enclose with the advance second primary 15 absentee ballot and advance general election absentee ballot 16 an explanation stating that the absentee ballot for the 17 election will be mailed as soon as it is printed; and, if both 18 the advance absentee ballot and the absentee ballot for the 19 election are returned in time to be counted, only the absentee 20 ballot will be counted. The Department of State may prescribe 21 by rule the requirements for preparing and mailing absentee 22 ballots to absent qualified electors overseas. 23 Section 7. Section 104.012, Florida Statutes, is 24 amended to read: 25 104.012 Consideration for registration; interference 26 with registration; soliciting registrations for compensation; 27 alteration of registration application; failing to submit 28 registration application.-- 29 (1) Any person who gives anything of value that is 30 redeemable in cash to any person in consideration for his or 31 her becoming a registered voter commits a felony of the third 21 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 degree, punishable as provided in s. 775.082, s. 775.083, or 2 s. 775.084. This section shall not be interpreted, however, to 3 exclude such services as transportation to the place of 4 registration or baby-sitting in connection with the absence of 5 an elector from home for registering. 6 (2) A person who by bribery, menace, threat, or other 7 corruption, directly or indirectly, influences, deceives, or 8 deters or attempts to influence, deceive, or deter any person 9 in the free exercise of that person's right to register to 10 vote at any time, upon the first conviction, commits a felony 11 of the third degree, punishable as provided in s. 775.082, s. 12 775.083, or s. 775.084, and, upon any subsequent conviction, 13 commits a felony of the second degree, punishable as provided 14 in s. 775.082, s. 775.083, or s. 775.084. 15 (3) A person may not solicit or pay another person to 16 solicit voter registrations for compensation that is based 17 upon the number of registrations obtained. A person who 18 violates the provisions of this subsection commits a felony of 19 the third degree, punishable as provided in s. 775.082, s. 20 775.083, or s. 775.084. 21 (4) A person who alters the voter registration 22 application of any other person, without the other person's 23 knowledge and consent, commits a felony of the third degree, 24 punishable as provided in s. 775.082, s. 775.083, or s. 25 775.084. 26 (5) Any person who obtains an executed voter 27 registration application from another person and who willfully 28 fails to submit this application to the appropriate supervisor 29 of elections within 10 days commits a felony of the third 30 degree, punishable as provided in s. 775.082, s. 775.083, or 31 s. 775.084. 22 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 Section 8. Section 104.185, Florida Statutes, is 2 amended to read: 3 104.185 Violations involving petitions; knowingly 4 signing more than once; signing another person's name or a 5 fictitious name.-- 6 (1) A person who knowingly signs a petition or 7 petitions to secure ballot position for a candidate, a minor 8 political party, or an issue more than one time commits a 9 misdemeanor of the first degree, punishable as provided in s. 10 775.082 or s. 775.083 and, upon any subsequent conviction, 11 commits a felony of the third degree, punishable as provided 12 in s. 775.082, s. 775.083, or s. 775.084. 13 (2) A person who signs another person's name or a 14 fictitious name to any petition to secure ballot position for 15 a candidate, a minor political party, or an issue, or to a 16 petition revocation form, commits a misdemeanor of the first 17 degree, punishable as provided in s. 775.082 or s. 775.083 18 and, upon any subsequent conviction, commits a felony of the 19 third degree, punishable as provided in s. 775.082, s. 20 775.083, or s. 775.084. 21 (3) A person who willfully swears or affirms falsely 22 to any oath or affirmation, or willfully procures another 23 person to swear or affirm falsely to an oath or affirmation, 24 in connection with or arising out of the petitioning process 25 commits a misdemeanor of the first degree, punishable as 26 provided in s. 775.082, or s. 775.083 and, upon any subsequent 27 conviction, commits a felony of the third degree, punishable 28 as provided in s. 775.082, s. 775.083, or s. 775.084. 29 (4) A person who willfully submits any false 30 information on a petition or petition revocation form commits 31 a misdemeanor of the first degree, punishable as provided in 23 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 s. 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 (5) A person who directly or indirectly gives or 5 promises anything of value to any other person to induce that 6 other person to sign a petition or petition revocation form 7 commits a misdemeanor of the first degree, punishable as 8 provided in s. 775.082 or s. 775.083 and, upon any subsequent 9 conviction, commits a felony of the third degree, punishable 10 as provided in s. 775.082, s. 775.083, or s. 775.085. 11 (6) A person who, by bribery, menace, threat, or other 12 corruption, directly or indirectly influences, deceives, or 13 deters, or attempts to influence, deceive, or deter, any 14 person in the free exercise of that person's right to sign a 15 petition or petition revocation form, upon the first 16 conviction commits a misdemeanor of the first degree, 17 punishable as provided in s. 775.082 or s. 775.083 and, upon 18 any subsequent conviction, commits a felony of the third 19 degree, punishable as provided in s. 775.082, s. 775.083, or 20 s. 775.084. 21 (7) A person may not provide or receive compensation 22 that is based, directly or indirectly, upon the number of 23 signatures obtained on petitions or petition revocation forms. 24 A person who violates this subsection commits a misdemeanor of 25 the first degree punishable as provided in s. 775.082 or s. 26 775.083 and, upon any subsequent conviction, commits a felony 27 of the third degree, punishable as provided in s. 775.082, s. 28 775.083, or s. 775.084. 29 (8) A person who alters the petition or petition 30 revocation form signed by any other person without the other 31 person's knowledge and consent commits a misdemeanor of the 24 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 first degree, punishable as provided in s. 775.082 or s. 2 775.083 and, upon any subsequent conviction, commits a felony 3 of the third degree, punishable as provided in s. 775.082, s. 4 775.083, or s. 775.084. 5 (9) A person perpetrating, or attempting to perpetrate 6 or aid in the perpetration of, any fraud in connection with 7 obtaining the signature of electors on petition or petition 8 revocation forms 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 (10) In addition to any other penalty provided for by 14 law, if a paid petition circulator, as defined in s. 15 100.372(1), violates any provision of this section, the 16 commission may, pursuant to s. 106.265, impose a civil penalty 17 in the form of a fine not to exceed $1,000 per violation on 18 such paid petition circulator. 19 Section 9. Section 104.42, Florida Statutes, is 20 amended to read: 21 104.42 Unlawful registrations, petitions, Fraudulent 22 registration and illegal voting; investigation.-- 23 (1) The supervisor of elections is authorized to 24 investigate unlawful fraudulent registrations, petitions, and 25 illegal voting and to report his or her findings to the local 26 state attorney, the Florida Department of Law Enforcement, and 27 the Florida Elections Commission. 28 (2) The board of county commissioners in any county 29 may appropriate funds to the supervisor of elections for the 30 purpose of investigating unlawful fraudulent registrations, 31 petitions, and illegal voting. 25 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 (3) The supervisor of elections shall document and 2 report suspected unlawful registrations, petitions, and voting 3 to the Florida Elections Commission within 10 days after 4 acquiring reasonable suspicion concerning the lawfulness of 5 the registrations, petitions, and voting. 6 Section 10. Any signature gathered on an authorized 7 form for an initiative petition which has been submitted for 8 verification prior to the effective date of this act may be 9 verified and counted, if otherwise valid. However, any 10 petition form that is submitted for verification on or after 11 the effective date of this act shall be verified and counted 12 only if it complies with this act. Any initiative petition 13 form approved by the Secretary of State prior to the effective 14 date of this act is invalidated, and a new petition form must 15 be resubmitted to the Secretary of State for approval in 16 accordance with the requirements of this act prior to 17 obtaining elector signatures. 18 Section 11. If any provision of this act or its 19 application to any person or circumstance is held invalid, the 20 invalidity does not affect other provisions or applications of 21 the act which can be given effect without the invalid 22 provision or application, and to this end the provisions of 23 this act are declared severable. 24 Section 12. This act shall take effect August 1, 2005. 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 Delete everything before the enacting clause 30 31 and insert: 26 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 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; requiring a statement 14 on the ballot regarding the financial impact 15 statement; creating s. 100.372, F.S.; providing 16 regulation for initiative petition circulators 17 and their activities; amending s. 101.161, 18 F.S.; conforming a cross-reference; amending s. 19 101.62, F.S.; conforming a cross-reference; 20 amending s. 104.012, F.S.; providing criminal 21 penalties for specified offenses involving 22 voter registration applications; amending s. 23 104.185, F.S.; proscribing specified actions 24 involving petitions and providing or increasing 25 criminal penalties therefor; amending s. 26 104.42, F.S.; prescribing duties of supervisors 27 of elections with respect to unlawful 28 registrations, petitions, and voting; providing 29 for verifying and counting signatures submitted 30 for verification before the effective date of 31 the act; requiring resubmission and reapproval 27 5:13 PM 05/02/05 h147104e2d-17-c3t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1471, 2nd Eng. Barcode 030784 1 of petition forms; providing severability; 2 providing an effective date. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 5:13 PM 05/02/05 h147104e2d-17-c3t