HB 1471CS


1The Ethics & Elections Committee recommends the following:
3     Council/Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to the petition process; providing a
7popular name; amending s. 99.097, F.S.; providing for
8certain petitions and petition revocations to be verified
9by a certain method; requiring certain provisions to be
10satisfied before a signature on a petition may be counted;
11prohibiting compensation to any paid petition circulator
12in certain circumstances; providing the procedure to
13contest and resolve the alleged improper verification of
14certain signatures; amending s. 100.371, F.S.; revising
15requirements for placement of constitutional amendments
16proposed by initiative on the ballot for the general
17election; revising and providing rulemaking authority;
18providing limitations on the contents of a petition form;
19establishing compliance criteria for petition forms;
20providing an elector's right; providing notices that must
21be contained in each petition form; providing for
22revocation of an elector's signature; revising the duties
23of supervisors of elections; revising requirements
24relating to the Financial Impact Estimating Conference and
25financial impact statements; creating s. 100.372, F.S.;
26providing for the regulation of initiative petition
27circulators; providing definitions; providing
28qualification requirements; providing requirements for the
29practice of paid petition circulation; amending ss.
30101.161, and 101.62, F.S.; correcting cross references;
31amending s. 104.012, F.S.; providing criminal penalties
32for specified offenses involving voter registration
33applications; amending s. 104.185, F.S.; revising and
34providing violations involving petitions and providing
35penalties therefor; amending s. 104.42, F.S.; revising
36provisions relating to unlawful registrations, petitions,
37and voting and the investigation of such matters;
38requiring documentation and reporting thereof to the
39Florida Elections Commission within a specified time
40period; providing for the validity of certain petition
41signatures gathered before the effective date of the act;
42requiring previously approved petition forms to be
43resubmitted for approval in accordance with the
44requirements of the act; providing severability; providing
45an effective date.
47Be It Enacted by the Legislature of the State of Florida:
49     Section 1.  This act may be cited as the "Petition Fraud
50and Voter Protection Act."
51     Section 2.  Subsections (1), (3), and (4) of section
5299.097, Florida Statutes, are amended, and subsection (6) is
53added to said section, to read:
54     99.097  Verification of signatures on petitions.--
55     (1)  As determined by each supervisor, based upon local
56conditions, the verification of signatures checking of names on
57petitions may be based on the most inexpensive and
58administratively feasible of either of the following methods of
60     (a)  A name-by-name, signature-by-signature check of the
61number of valid authorized signatures on the petitions; or
62     (b)  A check of a random sample, as provided by the
63Department of State, of names and signatures on the petitions.
64The sample must be such that a determination can be made as to
65whether or not the required number of valid signatures has have
66been obtained with a reliability of at least 99.5 percent. Rules
67and guidelines for this method of petition verification shall be
68promulgated by the Department of State, which may include a
69requirement that petitions bear an additional number of names
70and signatures, not to exceed 15 percent of the names and
71signatures otherwise required. If the petitions do not meet such
72criteria, then the use of the verification method described in
73this paragraph shall not be available to supervisors.
75Notwithstanding any other provision of law, petitions to secure
76ballot placement for an issue, and petition revocations pursuant
77to s. 100.371(7), must be verified by the method provided in
78paragraph (a).
79     (3)(a)  A signature name on a petition, in a which name
80that is not in substantially the same form as a name on the
81voter registration books, shall be counted as a valid signature
82if, after comparing the signature on the petition with the
83signature of the alleged signer as shown on the registration
84books, the supervisor determines that the person signing the
85petition and the person who registered to vote are one and the
86same. In any situation in which this code requires the form of
87the petition to be prescribed by the division, no signature
88shall be counted toward the number of signatures required unless
89it is on a petition form prescribed by the division. A signature
90on a petition may not be counted toward the number of valid
91signatures required for ballot placement unless all relevant
92provisions of this code have been satisfied.
93     (b)  If a voter signs a petition and lists an address other
94than the legal residence where the voter is registered, the
95supervisor shall treat the signature as if the voter had listed
96the address where the voter is registered.
97     (4)(a)  The supervisor shall be paid in advance the sum of
9810 cents for each signature checked or the actual cost of
99checking such signature, whichever is less, by the candidate or,
100in the case of a petition to have an issue placed on the ballot,
101by the person or organization submitting the petition. However,
102if a candidate, person, or organization seeking to have an issue
103placed upon the ballot cannot pay such charges without imposing
104an undue burden on personal resources or upon the resources
105otherwise available to such candidate, person, or organization,
106such candidate, person, or organization shall, upon written
107certification of such inability given under oath to the
108supervisor, be entitled to have the signatures verified at no
109charge. In the event a candidate, person, or organization
110submitting a petition to have an issue placed upon the ballot is
111entitled to have the signatures verified at no charge, the
112supervisor of elections of each county in which the signatures
113are verified at no charge shall submit the total number of such
114signatures checked in the county to the Chief Financial Officer
115no later than December 1 of the general election year, and the
116Chief Financial Officer shall cause such supervisor of elections
117to be reimbursed from the General Revenue Fund in an amount
118equal to 10 cents for each signature name checked or the actual
119cost of checking such signatures, whichever is less. In no event
120shall such reimbursement of costs be deemed or applied as extra
121compensation for the supervisor. Petitions shall be retained by
122the supervisors for a period of 1 year following the election
123for which the petitions were circulated.
124     (b)  A person or organization submitting a petition to
125secure ballot placement for an issue which has filed a
126certification of undue burden may not provide compensation to
127any paid petition circulator, as defined in s. 100.372, unless
128the person or organization first pays all supervisors for each
129signature checked or reimburses the General Revenue Fund for
130such costs. If a person or organization subject to this
131paragraph provides compensation to a paid petition circulator
132before the date the person or organization pays all supervisors
133for each signature checked or reimburses the General Revenue
134Fund for such costs, no signature on a petition circulated by
135the petition circulator before that date may be counted toward
136the number of valid signatures required for ballot placement.
137     (6)(a)  The alleged improper verification of a signature on
138a petition to secure ballot placement for an issue pursuant to
139this code may be contested in the circuit court by a political
140committee or by an elector. The contestant shall file a
141complaint setting forth the basis of the contest, together with
142the fees prescribed in chapter 28, with the clerk of the circuit
143court in the county in which the petition is certified or in
144Leon County if the complaint is directed to petitions certified
145in more than one county.
146     (b)  If the contestant demonstrates by a preponderance of
147the evidence that one or more petitions were improperly
148verified, the signatures appearing on such petitions may not be
149counted toward the number of valid signatures required for
150ballot placement. If an action brought under this subsection is
151resolved after the Secretary of State has issued a certificate
152of ballot position for the issue, but the contestant
153demonstrates by a preponderance of the evidence that the person
154or organization submitting the petition had obtained
155verification of an insufficient number of valid and verified
156signatures to qualify for ballot placement, the issue shall be
157removed from the ballot or, if such action is impractical, any
158votes cast for or against the issue may not be counted and shall
159be invalidated.
160     (c)  An action under this subsection must be commenced not
161later than 90 days after the Secretary of State issues a
162certificate of ballot position for the issue.
163     Section 3.  Section 100.371, Florida Statutes, as amended
164by section 9 of chapter 2002-281, Laws of Florida, is amended to
166     100.371  Initiatives; procedure for placement on ballot.--
167     (1)  Constitutional amendments proposed by initiative shall
168be placed on the ballot for the general election provided that
169an initiative petition is filed with the Secretary of State by
170February 1 of the year in which the general election is to be
171held occurring in excess of 90 days from the certification of
172ballot position by the Secretary of State.
173     (2)  Such Certification of ballot position shall be issued
174when the Secretary of State has received verification
175certificates from the supervisors of elections indicating that
176the requisite number and distribution of valid petitions bearing
177the signatures of electors have been submitted to and verified
178by the supervisors. Every signature shall be dated by the
179elector when made. Signatures are and shall be valid for a
180period of 4 years following such date, provided all other
181requirements of law are satisfied complied with.
182     (3)  The sponsor of an initiative amendment shall, prior to
183obtaining any signatures, register as a political committee
184pursuant to s. 106.03 and submit the text of the proposed
185amendment to the Secretary of State, with the form on which the
186signatures will be affixed, and shall obtain the approval of the
187Secretary of State of such form. The division Secretary of State
188shall adopt rules pursuant to s. 120.54 prescribing the style
189and requirements of such form. Upon filing with the Secretary of
190State, the text of the proposed amendment and all forms filed in
191connection with this section must, upon request, be made
192available in alternative formats. The contents of a petition
193form shall be limited to those items required by statute or
194rule. A petition form shall be deemed a political advertisement
195as defined in s. 106.011 and, as such, must comply with all
196relevant requirements of chapter 106.
197     (4)  The supervisor of elections shall record the date each
198petition form was received by the supervisor and the date the
199signature on the form was verified as valid. The supervisor
200shall verify that the signature on a petition form is valid only
201if the form complies with all of the following:
202     (a)  The form must contain the original signature of the
203purported elector;
204     (b)  The purported elector must accurately record on the
205form the date on which he or she signed the form;
206     (c)  The purported elector must accurately record on the
207form his or her name, street address, county, voter registration
208number, and any other information required by the division by
210     (d)  The purported elector must be, at the time he or she
211signs the form, a duly qualified and registered elector
212authorized to vote in the county for which his or her signature
213is submitted;
214     (e)  The date the elector signed the form, as recorded by
215the elector, must be no more than 10 days from the date the form
216was received by the supervisor of elections;
217     (f)  The elector must accurately record on the form whether
218the elector was presented with the petition form for his or her
219signature by a petition circulator, as defined in s. 100.372(1);
221     (g)  If the elector was presented with the petition form
222for his or her signature by a petition circulator, the petition
223form must comply with the requirements of s. 100.372.
224     (5)  An elector has the right to submit his or her signed
225form to the sponsor of the initiative amendment, by mail or
226otherwise, at an address listed on the form for this purpose.
227     (6)  Each form must contain the following three notices at
228the top of the form in bold type and in a 16-point or larger
229font, immediately following the title "Constitutional Amendment
230Petition Form":
232RIGHT TO MAIL-IN - You have the right to take this
233petition home and study the issue before signing. If
234you choose to sign the petition, you may return it to
235the sponsors of the amendment at the following
236address: ___________________________________.
238PAID PETITION CIRCULATOR ? The person presenting this
239petition for your signature may be receiving
240compensation to do so. You have the right to ask for
241this information and the person's rate of compensation
242before you sign the petition.
244NATURE OF AMENDMENT ? The merits of the proposed
245change to the Florida Constitution appearing below
246have not been officially reviewed by any court or
247agency of state government.
249     (7)  An elector's signature on a petition form may be
250revoked by submitting to the supervisor a signed petition
251revocation form adopted by rule for this purpose by the
252division. The sponsor of an initiative amendment shall provide
253to any elector submitting his or her signature on a petition
254form a revocation form for that initiative. The revocation form
255must contain the address of the Secretary of State to permit the
256elector to submit the revocation form via United States mail.
257The petition revocation form shall be filed with the Secretary
258of State no later than the January 1 preceding the next general
259election or, if the initiative amendment is not certified for
260ballot position in that election, no later than the January 1
261preceding the next successive general election. The division
262shall promptly process the revocation form under procedures
263adopted by rule for this purpose by the division.
264     (8)(4)  The sponsor shall submit signed and dated forms to
265the appropriate supervisor of elections for verification as to
266the number of registered electors whose valid signatures appear
267thereon. The supervisor shall promptly verify the signatures
268upon payment of the fee required by s. 99.097. Upon completion
269of verification, the supervisor shall execute a certificate
270indicating the total number of signatures checked, the number of
271signatures verified as valid and as being of registered
272electors, the number of signatures validly revoked pursuant to
273subsection (7), and the distribution of such signatures by
274congressional district. This certificate shall be immediately
275transmitted to the Secretary of State. The supervisor shall
276retain the signed signature forms and revocation forms for at
277least 1 year following the election in which the issue appeared
278on the ballot or until the Division of Elections notifies the
279supervisors of elections that the committee which circulated the
280petition is no longer seeking to obtain ballot position.
281     (9)(5)  The Secretary of State shall determine from the
282verification certificates received from supervisors of elections
283the total number of verified valid signatures and the
284distribution of such signatures by congressional districts. Upon
285a determination that the requisite number and distribution of
286valid signatures have been obtained, the secretary shall issue a
287certificate of ballot position for that proposed amendment and
288shall assign a designating number pursuant to s. 101.161. A
289petition shall be deemed to be filed with the Secretary of State
290upon the date of the receipt by the secretary of a certificate
291or certificates from supervisors of elections indicating the
292petition has been signed by the constitutionally required number
293of electors.
294     (10)(6)(a)  Within 45 days after receipt of a proposed
295revision or amendment to the State Constitution by initiative
296petition from the Secretary of State or, within 30 days after
297such receipt if receipt occurs 120 days or less before the
298election at which the question of ratifying the amendment will
299be presented, the Financial Impact Estimating Conference shall
300complete an analysis and financial impact statement to be placed
301on the ballot of the estimated increase or decrease in any
302revenues or costs to state or local governments resulting from
303the proposed initiative. The Financial Impact Estimating
304Conference shall submit the financial impact statement to the
305Attorney General and Secretary of State.
306     (b)1.  The Financial Impact Estimating Conference shall
307provide an opportunity for any proponents or opponents of the
308initiative to submit information and may solicit information or
309analysis from any other entities or agencies, including the
310Office of Economic and Demographic Research. All meetings of the
311Financial Impact Estimating Conference shall be open to the
312public as provided in chapter 286.
313     2.  The Financial Impact Estimating Conference is
314established to review, analyze, and estimate the financial
315impact of amendments to or revisions of the State Constitution
316proposed by initiative. The Financial Impact Estimating
317Conference shall consist of four principals: one person from the
318Executive Office of the Governor; the coordinator of the Office
319of Economic and Demographic Research, or his or her designee;
320one person from the professional staff of the Senate; and one
321person from the professional staff of the House of
322Representatives. Each principal shall have appropriate fiscal
323expertise in the subject matter of the initiative. A Financial
324Impact Estimating Conference may be appointed for each
326     3.  Principals of the Financial Impact Estimating
327Conference shall reach a consensus or majority concurrence on a
328clear and unambiguous financial impact statement, no more than
32975 words in length, and immediately submit the statement to the
330Attorney General. Nothing in this subsection prohibits the
331Financial Impact Estimating Conference from setting forth a
332range of potential impacts in the financial impact statement.
333Any financial impact statement that a court finds not to be in
334accordance with this section shall be remanded solely to the
335Financial Impact Estimating Conference for redrafting. The
336Financial Impact Estimating Conference shall redraft the
337financial impact statement within 15 days.
338     4.  If the members of the Financial Impact Estimating
339Conference are unable to agree on the statement required by this
340subsection, or if the Supreme Court has rejected the initial
341submission by the Financial Impact Estimating Conference and no
342redraft has been approved by the Supreme Court by April 1 of the
343year in which the general election is to be held 5 p.m. on the
34475th day before the election, the following statement shall
345appear on the ballot pursuant to s. 101.161(1): "The financial
346impact of this measure, if any, cannot be reasonably determined
347at this time."
348     (c)  The financial impact statement must be separately
349contained and be set forth after the ballot summary as required
350in s. 101.161(1).
351     (d)1.  Any financial impact statement that the Supreme
352Court finds not to be in accordance with this subsection shall
353be remanded solely to the Financial Impact Estimating Conference
354for redrafting, provided the court's advisory opinion is
355rendered by April 1 of the year in which the general election is
356to be held at least 75 days before the election at which the
357question of ratifying the amendment will be presented. The
358Financial Impact Estimating Conference shall prepare and adopt a
359revised financial impact statement no later than 5 p.m. on the
36015th day after the date of the court's opinion.
361     2.  If, by 5 p.m. on April 1 of the year in which the
362general election is to be held the 75th day before the election,
363the Supreme Court has not issued an advisory opinion on the
364initial financial impact statement prepared by the Financial
365Impact Estimating Conference for an initiative amendment that
366otherwise meets the legal requirements for ballot placement, the
367financial impact statement shall be deemed approved for
368placement on the ballot.
369     3.  In addition to the financial impact statement required
370by this subsection, the Financial Impact Estimating Conference
371shall draft an initiative financial information statement. The
372initiative financial information statement should describe in
373greater detail than the financial impact statement any projected
374increase or decrease in revenues or costs that the state or
375local governments would likely experience if the ballot measure
376were approved. If appropriate, the initiative financial
377information statement may include both estimated dollar amounts
378and a description placing the estimated dollar amounts into
379context. The initiative financial information statement must
380include both a summary of not more than 500 words and additional
381detailed information that includes the assumptions that were
382made to develop the financial impacts, workpapers, and any other
383information deemed relevant by the Financial Impact Estimating
385     4.  The Department of State shall have printed, and shall
386furnish to each supervisor of elections, a copy of the summary
387from the initiative financial information statements. The
388supervisors shall have the summary from the initiative financial
389information statements available at each polling place and at
390the main office of the supervisor of elections upon request.
391     5.  The Secretary of State and the Office of Economic and
392Demographic Research shall make available on the Internet each
393initiative financial information statement in its entirety. In
394addition, each supervisor of elections whose office has a
395website shall post the summary from each initiative financial
396information statement on the website. Each supervisor shall
397include the Internet addresses for the information statements on
398the Secretary of State's and the Office of Economic and
399Demographic Research's websites in the publication or mailing
400required by s. 101.20.
401     (11)(7)  The Department of State may adopt rules in
402accordance with s. 120.54 to carry out this section the
403provisions of subsections (1)-(6).
404     Section 4.  Section 100.372, Florida Statutes, is created
405to read:
406     100.372  Regulation of initiative petition circulators.--
407     (1)  For purposes of this section, a:
408     (a)  "Petition circulator" is any person who, in the
409context of a direct face-to-face conversation, presents to
410another person for his or her possible signature a petition form
411or petition revocation form regarding ballot placement for an
413     (b)  "Paid petition circulator" is a petition circulator
414who receives any compensation as either a direct or indirect
415consequence of the activities described in paragraph (a).
416     (2)  A petition circulator must be, at the time the
417petition circulator presents to any person for his or her
418possible signature a petition form or petition revocation form
419regarding ballot placement for an initiative, at least 18 years
420of age and eligible to register to vote in this state pursuant
421to s. 97.041.
422     (3)  A paid petitioner circulator shall, when engaged in
423the activities described in paragraph (1)(a), wear a prominent
424badge, in a form and manner prescribed by rule by the division,
425identifying him or her as a "PAID PETITION CIRCULATOR."
426     (4)  In addition to any other practice or action
427permissible under law, an owner, lessee, or other person
428lawfully exercising control over private property may:
429     (a)  Prohibit petition circulators from operating on the
430property and prohibit persons from engaging in other activities
431supporting or opposing an initiative; or
432     (b)  Permit such conduct on the property subject to time,
433place, and manner restrictions that are reasonable and uniformly
435     (5)  Prior to being presented to a possible elector for
436signature, a petition form or petition revocation form regarding
437ballot placement for an initiative must set forth the following
438information in a format and manner prescribed by rule by the
440     (a)  The name of any organization or entity with which the
441petition circulator is affiliated and on behalf of which the
442petition circulator is presenting forms to electors for possible
444     (b)  The name of the sponsor of the initiative if different
445from the entity with which the petition circulator is
447     (c)  A statement directing those seeking information about
448initiative sponsors and their contributors to the internet
449address of the appropriate division website; and
450     (d)  A statement disclosing whether the petition circulator
451is a paid petition circulator, and, if so, the amount or rate of
452compensation and the name and address of the person or entity
453paying the compensation to the paid petition circulator.
454     (6)(a)  A paid petition circulator shall attach to each
455signed petition form, petition revocation form, or group of such
456forms obtained by the paid petition circulator a signed,
457notarized, and dated affidavit executed by the paid petition
458circulator in a form prescribed by rule by the division. If the
459affidavit pertains to a group of forms, the forms shall be
460consecutively numbered on their face by the paid petition
461circulator and the affidavit shall refer to the forms by number.
462     (b)  The affidavit shall include the paid petition
463circulator's printed name; the street address at which he or she
464resides, including county; the petition circulator's date of
465birth; the petition circulator's Florida voter registration
466number and county of registration, if applicable, or an
467identification number from a valid government-issued photo
468identification card along with information identifying the
469issuer; and the date he or she signed the affidavit.
470     (c)  The affidavit shall attest that the paid petition
471circulator has read and understands the laws governing the
472circulation of petition and petition revocation forms regarding
473ballot placement for an initiative; that he or she was 18 years
474of age and eligible to register to vote at the time the attached
475form or forms were circulated and signed by the listed electors;
476that he or she circulated the attached form or forms; that each
477signature thereon was affixed in the circulator's presence; that
478each signature thereon is the signature of the person whose name
479it purports to be; that to the best of the circulator's
480knowledge and belief each of the persons signing the form or
481forms was, at the time of signing, a registered elector; that
482the circulator has not provided or received, and will not in the
483future provide or receive, compensation that is based, directly
484or indirectly, upon the number of signatures obtained on
485petitions or petition revocation forms; and that he or she has
486not paid or will not in the future pay, and that he or she
487believes that no other person has paid or will pay, directly or
488indirectly, any money or other thing of value to any signer for
489the purpose of inducing or causing such signer to affix his or
490her signature to the form.
491     (d)  A signature on a petition form or petition revocation
492form regarding ballot placement for an initiative to which an
493affidavit required by this subsection is not attached is
494invalid, may not be verified by the supervisor of elections, and
495may not be counted toward the number of valid signatures
496required for ballot placement.
497     (7)  Each paid petition circulator shall provide to the
498sponsor of the initiative amendment for which he or she is
499circulating petitions a copy of a valid and current government-
500issued photo identification card that accurately indicates the
501address at which the paid petition circulator resides. The
502sponsor of the initiative shall maintain the copies of these
503identification cards in its files and shall make them available
504for inspection by any person. If a sponsor fails to maintain
505such a copy with respect to a particular paid petition
506circulator, all petitions obtained by that paid petition
507circulator prior to the date the sponsor produces the required
508copy of the identification card are invalid, may not be verified
509by the supervisor of elections, and may not be counted toward
510the number of valid signatures required for ballot placement.
511     (8)  A signature on a petition form or petition revocation
512form regarding ballot placement for an initiative which does not
513fully comply with the applicable provisions of this chapter, or
514which was obtained in violation of the applicable provisions of
515this code, is invalid, may not be verified by the supervisor of
516elections, and may not be counted toward the number of valid
517signatures required for ballot placement.
518     Section 5.  Section 101.161, Florida Statutes, is amended
519to read:
520     (1)  Whenever a constitutional amendment or other public
521measure is submitted to the vote of the people, the substance of
522such amendment or other public measure shall be printed in clear
523and unambiguous language on the ballot after the list of
524candidates, followed by the word "yes" and also by the word
525"no," and shall be styled in such a manner that a "yes" vote
526will indicate approval of the proposal and a "no" vote will
527indicate rejection. The wording of the substance of the
528amendment or other public measure and the ballot title to appear
529on the ballot shall be embodied in the joint resolution,
530constitutional revision commission proposal, constitutional
531convention proposal, taxation and budget reform commission
532proposal, or enabling resolution or ordinance. Except for
533amendments and ballot language proposed by joint resolution, the
534substance of the amendment or other public measure shall be an
535explanatory statement, not exceeding 75 words in length, of the
536chief purpose of the measure. In addition, for every amendment
537proposed by initiative, the ballot shall include, following the
538ballot summary, a separate financial impact statement concerning
539the measure prepared by the Financial Impact Estimating
540Conference in accordance with s. 100.371(10)(6). The ballot
541title shall consist of a caption, not exceeding 15 words in
542length, by which the measure is commonly referred to or spoken
544     Section 6.  Paragraph (a) of subsection (4) of section
545101.62, Florida Statutes, is amended to read:
546     101.62  Request for absentee ballots.--
547     (4)(a)  To each absent qualified elector overseas who has
548requested an absentee ballot, the supervisor of elections shall,
549not fewer than 35 days before the first primary election, mail
550an absentee ballot. Not fewer than 45 days before the second
551primary and general election, the supervisor of elections shall
552mail an advance absentee ballot to those persons requesting
553ballots for such elections. The advance absentee ballot for the
554second primary shall be the same as the first primary absentee
555ballot as to the names of candidates, except that for any
556offices where there are only two candidates, those offices and
557all political party executive committee offices shall be
558omitted. Except as provided in ss. 99.063(4) and 100.371(10)(6),
559the advance absentee ballot for the general election shall be as
560specified in s. 101.151, except that in the case of candidates
561of political parties where nominations were not made in the
562first primary, the names of the candidates placing first and
563second in the first primary election shall be printed on the
564advance absentee ballot. The advance absentee ballot or advance
565absentee ballot information booklet shall be of a different
566color for each election and also a different color from the
567absentee ballots for the first primary, second primary, and
568general election. The supervisor shall mail an advance absentee
569ballot for the second primary and general election to each
570qualified absent elector for whom a request is received until
571the absentee ballots are printed. The supervisor shall enclose
572with the advance second primary absentee ballot and advance
573general election absentee ballot an explanation stating that the
574absentee ballot for the election will be mailed as soon as it is
575printed; and, if both the advance absentee ballot and the
576absentee ballot for the election are returned in time to be
577counted, only the absentee ballot will be counted. The
578Department of State may prescribe by rule the requirements for
579preparing and mailing absentee ballots to absent qualified
580electors overseas.
581     Section 7.  Subsection (5) is added to section 104.012,
582Florida Statutes, to read:
583     104.012  Consideration for registration; interference with
584registration; soliciting registrations for compensation;
585alteration of registration application; failing to submit
586registration application.--
587     (5)  Any person who obtains an executed voter registration
588application from another person and who willfully fails to
589submit this application to the appropriate supervisor of
590elections within 10 days commits a felony of the third degree,
591punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
592     Section 8.  Section 104.185, Florida Statutes, is amended
593to read:
594     104.185  Violations involving petitions; knowingly signing
595more than once; signing another person's name or a fictitious
597     (1)  A person who knowingly signs a petition or petitions
598to secure ballot position for a candidate, a minor political
599party, or an issue more than one time commits a misdemeanor of
600the first degree, punishable as provided in s. 775.082 or s.
602     (2)  A person who signs another person's name or a
603fictitious name to any petition to secure ballot position for a
604candidate, a minor political party, or an issue, or to a
605petition revocation form, commits a felony misdemeanor of the
606third first degree, punishable as provided in s. 775.082, or s.
607775.083, or s. 775.084.
608     (3)  A person who willfully swears or affirms falsely to
609any oath or affirmation, or willfully procures another person to
610swear or affirm falsely to an oath or affirmation, in connection
611with or arising out of the petitioning process commits a felony
612of the third degree, punishable as provided in s. 775.082, s.
613775.083, or s. 775.084.
614     (4)  A person who willfully submits any false information
615on a petition or petition revocation form commits a felony of
616the third degree, punishable as provided in s. 775.082 or s.
618     (5)  A person who directly or indirectly gives or promises
619anything of value to any other person to induce that other
620person to sign a petition or petition revocation form commits a
621felony of the third degree, punishable as provided in s.
622775.082, s. 775.083, or s. 775.084.
623     (6)  A person who, by bribery, menace, threat, or other
624corruption, directly or indirectly influences, deceives, or
625deters, or attempts to influence, deceive, or deter, any person
626in the free exercise of that person's right to sign a petition
627or petition revocation form, upon the first conviction commits,
628a felony of the third degree, punishable as provided in s.
629775.082, s. 775.083, or s. 775.084.
630     (7)  A person may not provide or receive compensation that
631is based, directly or indirectly, upon the number of signatures
632obtained on petitions or petition revocation forms. A person who
633violates this subsection commits a felony of the second degree,
634punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
635     (8)  A person who alters the petition or petition
636revocation form signed by any other person without the other
637person's knowledge and consent commits a felony of the third
638degree, punishable as provided in s. 775.082, s. 775.083, or s.
640     (9)  A person perpetrating, or attempting to perpetrate or
641aid in the perpetration of, any fraud in connection with
642obtaining the signature of electors on petitions or petition
643revocation forms commits a felony of the third degree,
644punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
645     (10)  In addition to any other penalty provided for by law,
646if a paid petition circulator, as defined in s. 100.372(1),
647violates any provision of this section, the Florida Elections
648Commission may, pursuant to s. 106.265, impose a civil penalty
649in the form of a fine not to exceed $1,000 per violation on any
650person or entity on behalf of which the petition circulator was
651acting at the time of the violation.
652     Section 9.  Section 104.42, Florida Statutes, is amended to
654     104.42  Unlawful registrations, petitions, petition
655revocations, Fraudulent registration and illegal voting;
657     (1)  The supervisor of elections is authorized to
658investigate unlawful fraudulent registrations, petitions, and
659illegal voting and to report his or her findings to the local
660state attorney, the Florida Department of Law Enforcement, and
661the Florida Elections Commission.
662     (2)  The board of county commissioners in any county may
663appropriate funds to the supervisor of elections for the purpose
664of investigating unlawful fraudulent registrations, petitions,
665and illegal voting.
666     (3)  The supervisor of elections shall document and report
667suspected unlawful registrations, petitions, and voting to the
668Florida Elections Commission within 10 days of acquiring
669reasonable suspicion about the lawfulness of the registrations,
670petitions, and voting.
671     Section 10.  Any signature gathered on an authorized form
672for an initiative petition that has been submitted for
673verification prior to the effective date of this act may be
674verified and counted if otherwise valid. However, any petition
675form that is submitted for verification on or after the
676effective date of this act shall be verified and counted only if
677it complies with all the provisions of this act. Any initiative
678petition form approved by the Secretary of State prior to the
679effective date of this act is hereby invalidated, and a new
680petition form must be resubmitted to the Secretary of State for
681approval in accordance with the requirements of this act prior
682to obtaining elector signatures.
683     Section 11.  If any provision of this act or its
684application to any person or circumstance is held invalid, the
685invalidity does not affect other provisions or applications of
686the act which can be given effect without the invalid provision
687or application, and to this end the provisions of this act are
688declared severable.
689     Section 12.  This act shall take effect August 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.