HB 1471CS


1The State Administration Council 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 to mail or deliver the form
21to an address provided for that purpose; providing notices
22that must be contained in each petition form; providing
23for revocation of an elector's signature; revising the
24duties of supervisors of elections; revising requirements
25relating to the Financial Impact Estimating Conference and
26financial impact statements; creating s. 100.372, F.S.;
27providing for the regulation of initiative petition
28circulators; providing definitions; providing
29qualification requirements; providing requirements for the
30practice of paid petition circulation; amending ss.
31101.161, and 101.62, F.S.; correcting cross references;
32amending s. 104.012, F.S.; providing criminal penalties
33for specified offenses involving voter registration
34applications; amending s. 104.185, F.S.; revising and
35providing violations involving petitions and providing
36penalties therefor; amending s. 104.42, F.S.; revising
37provisions relating to unlawful registrations, petitions,
38and voting and the investigation of such matters;
39requiring documentation and reporting thereof to the
40Florida Elections Commission within a specified time
41period; providing for the validity of certain petition
42signatures gathered before the effective date of the act;
43requiring previously approved petition forms to be
44resubmitted for approval in accordance with the
45requirements of the act; providing severability; providing
46an effective date.
48Be It Enacted by the Legislature of the State of Florida:
50     Section 1.  This act may be cited as the "Petition Fraud
51and Voter Protection Act."
52     Section 2.  Subsections (1), (3), and (4) of section
5399.097, Florida Statutes, are amended, and subsection (6) is
54added to said section, to read:
55     99.097  Verification of signatures on petitions.--
56     (1)  As determined by each supervisor, based upon local
57conditions, the verification of signatures checking of names on
58petitions may be based on the most inexpensive and
59administratively feasible of either of the following methods of
61     (a)  A name-by-name, signature-by-signature check of the
62number of valid authorized signatures on the petitions; or
63     (b)  A check of a random sample, as provided by the
64Department of State, of names and signatures on the petitions.
65The sample must be such that a determination can be made as to
66whether or not the required number of valid signatures has have
67been obtained with a reliability of at least 99.5 percent. Rules
68and guidelines for this method of petition verification shall be
69promulgated by the Department of State, which may include a
70requirement that petitions bear an additional number of names
71and signatures, not to exceed 15 percent of the names and
72signatures otherwise required. If the petitions do not meet such
73criteria, then the use of the verification method described in
74this paragraph shall not be available to supervisors.
76Notwithstanding any other provision of law, petitions to secure
77ballot placement for an issue, and petition revocations pursuant
78to s. 100.371(7), must be verified by the method provided in
79paragraph (a).
80     (3)(a)  A signature name on a petition, in a which name
81that is not in substantially the same form as a name on the
82voter registration books, shall be counted as a valid signature
83if, after comparing the signature on the petition with the
84signature of the alleged signer as shown on the registration
85books, the supervisor determines that the person signing the
86petition and the person who registered to vote are one and the
87same. In any situation in which this code requires the form of
88the petition to be prescribed by the division, no signature
89shall be counted toward the number of signatures required unless
90it is on a petition form prescribed by the division. A signature
91on a petition may not be counted toward the number of valid
92signatures required for ballot placement unless all relevant
93provisions of this code have been satisfied.
94     (b)  If a voter signs a petition and lists an address other
95than the legal residence where the voter is registered, the
96supervisor shall treat the signature as if the voter had listed
97the address where the voter is registered.
98     (4)(a)  The supervisor shall be paid in advance the sum of
9910 cents for each signature checked or the actual cost of
100checking such signature, whichever is less, by the candidate or,
101in the case of a petition to have an issue placed on the ballot,
102by the person or organization submitting the petition. However,
103if a candidate, person, or organization seeking to have an issue
104placed upon the ballot cannot pay such charges without imposing
105an undue burden on personal resources or upon the resources
106otherwise available to such candidate, person, or organization,
107such candidate, person, or organization shall, upon written
108certification of such inability given under oath to the
109supervisor, be entitled to have the signatures verified at no
110charge. In the event a candidate, person, or organization
111submitting a petition to have an issue placed upon the ballot is
112entitled to have the signatures verified at no charge, the
113supervisor of elections of each county in which the signatures
114are verified at no charge shall submit the total number of such
115signatures checked in the county to the Chief Financial Officer
116no later than December 1 of the general election year, and the
117Chief Financial Officer shall cause such supervisor of elections
118to be reimbursed from the General Revenue Fund in an amount
119equal to 10 cents for each signature name checked or the actual
120cost of checking such signatures, whichever is less. In no event
121shall such reimbursement of costs be deemed or applied as extra
122compensation for the supervisor. Petitions shall be retained by
123the supervisors for a period of 1 year following the election
124for which the petitions were circulated.
125     (b)  A person or organization submitting a petition to
126secure ballot placement for an issue which has filed a
127certification of undue burden may not provide compensation to
128any paid petition circulator, as defined in s. 100.372, unless
129the person or organization first pays all supervisors for each
130signature checked or reimburses the General Revenue Fund for
131such costs. If a person or organization subject to this
132paragraph provides compensation to a paid petition circulator
133before the date the person or organization pays all supervisors
134for each signature checked or reimburses the General Revenue
135Fund for such costs, no signature on a petition circulated by
136the petition circulator before that date may be counted toward
137the number of valid signatures required for ballot placement.
138     (6)(a)  The alleged improper verification of a signature on
139a petition to secure ballot placement for an issue pursuant to
140this code may be contested in the circuit court by a political
141committee or by an elector. The contestant shall file a
142complaint setting forth the basis of the contest, together with
143the fees prescribed in chapter 28, with the clerk of the circuit
144court in the county in which the petition is certified or in
145Leon County if the complaint is directed to petitions certified
146in more than one county.
147     (b)  If the contestant demonstrates by a preponderance of
148the evidence that one or more petitions were improperly
149verified, the signatures appearing on such petitions may not be
150counted toward the number of valid signatures required for
151ballot placement. If an action brought under this subsection is
152resolved after the Secretary of State has issued a certificate
153of ballot position for the issue, but the contestant
154demonstrates by a preponderance of the evidence that the person
155or organization submitting the petition had obtained
156verification of an insufficient number of valid and verified
157signatures to qualify for ballot placement, the issue shall be
158removed from the ballot or, if such action is impractical, any
159votes cast for or against the issue may not be counted and shall
160be invalidated.
161     (c)  An action under this subsection must be commenced not
162later than 90 days after the Secretary of State issues a
163certificate of ballot position for the issue.
164     Section 3.  Section 100.371, Florida Statutes, as amended
165by section 9 of chapter 2002-281, Laws of Florida, is amended to
167     100.371  Initiatives; procedure for placement on ballot.--
168     (1)  Constitutional amendments proposed by initiative shall
169be placed on the ballot for the general election provided that
170an initiative petition is filed with the Secretary of State by
171February 1 of the year in which the general election is to be
172held occurring in excess of 90 days from the certification of
173ballot position by the Secretary of State.
174     (2)  Such Certification of ballot position shall be issued
175when the Secretary of State has received verification
176certificates from the supervisors of elections indicating that
177the requisite number and distribution of valid petitions bearing
178the signatures of electors have been submitted to and verified
179by the supervisors. Every signature shall be dated by the
180elector when made. Signatures are and shall be valid for a
181period of 4 years following such date, provided all other
182requirements of law are satisfied complied with.
183     (3)  The sponsor of an initiative amendment shall, prior to
184obtaining any signatures, register as a political committee
185pursuant to s. 106.03 and submit the text of the proposed
186amendment to the Secretary of State, with the form on which the
187signatures will be affixed, and shall obtain the approval of the
188Secretary of State of such form. The division Secretary of State
189shall adopt rules pursuant to s. 120.54 prescribing the style
190and requirements of such form. Upon filing with the Secretary of
191State, the text of the proposed amendment and all forms filed in
192connection with this section must, upon request, be made
193available in alternative formats. The contents of a petition
194form shall be limited to those items required by statute or
195rule. A petition form shall be deemed a political advertisement
196as defined in s. 106.011 and, as such, must comply with all
197relevant requirements of chapter 106.
198     (4)  The supervisor of elections shall record the date each
199petition form was received by the supervisor and the date the
200signature on the form was verified as valid. The supervisor
201shall verify that the signature on a petition form is valid only
202if the form complies with all of the following:
203     (a)  The form must contain the original signature of the
204purported elector;
205     (b)  The purported elector must accurately record on the
206form the date on which he or she signed the form;
207     (c)  The form must accurately set forth the purported
208elector's name, street address, county, voter registration
209number, and any other information required by the division by
211     (d)  The purported elector must be, at the time he or she
212signs the form, a duly qualified and registered elector
213authorized to vote in the county for which his or her signature
214is submitted;
215     (e)  The date the elector signed the form, as recorded by
216the elector, must be no more than 30 days from the date the form
217was received by the supervisor of elections;
218     (f)  The elector must accurately record on the form whether
219the elector was presented with the petition form for his or her
220signature by a petition circulator, as defined in s. 100.372(1);
222     (g)  If the elector was presented with the petition form
223for his or her signature by a petition circulator, the petition
224form must comply with the requirements of s. 100.372.
225     (5)  An elector has the right to submit his or her signed
226form to the sponsor of the initiative amendment, by mail or
227otherwise, at an address listed on the form for this purpose.
228     (6)  Each form must contain the following three notices at
229the top of the form in bold type and in a 16-point or larger
230font, immediately following the title "Constitutional Amendment
231Petition Form":
233RIGHT TO MAIL-IN - You have the right to take this
234petition home and study the issue before signing. If
235you choose to sign the petition, you may return it to
236the sponsors of the amendment at the following
237address: ___________________________________.
239PAID PETITION CIRCULATOR ? The person presenting this
240petition for your signature may be receiving
241compensation to do so. You have the right to ask for
242this information and the person's rate of compensation
243before you sign the petition.
245NATURE OF AMENDMENT ? The merits of the proposed
246change to the Florida Constitution appearing below
247have not been officially reviewed by any court or
248agency of state government.
250     (7)  An elector's signature on a petition form may be
251revoked by submitting to the supervisor a signed petition
252revocation form adopted by rule for this purpose by the
253division. The sponsor of an initiative amendment shall provide
254to any elector submitting his or her signature on a petition
255form a revocation form for that initiative. The revocation form
256must contain the address of the Secretary of State to permit the
257elector to submit the revocation form via United States mail.
258The petition revocation form shall be filed with the Secretary
259of State no later than the January 1 preceding the next general
260election or, if the initiative amendment is not certified for
261ballot position in that election, no later than the January 1
262preceding the next succeeding general election. The division
263shall promptly process the revocation form under procedures
264adopted by rule for this purpose by the division.
265     (8)(4)  The sponsor shall submit signed and dated forms to
266the appropriate supervisor of elections for verification as to
267the number of registered electors whose valid signatures appear
268thereon. The supervisor shall promptly verify the signatures
269upon payment of the fee required by s. 99.097. Upon completion
270of verification, the supervisor shall execute a certificate
271indicating the total number of signatures checked, the number of
272signatures verified as valid and as being of registered
273electors, the number of signatures validly revoked pursuant to
274subsection (7), and the distribution of such signatures by
275congressional district. This certificate shall be immediately
276transmitted to the Secretary of State. The supervisor shall
277retain the signed signature forms and revocation forms for at
278least 1 year following the election in which the issue appeared
279on the ballot or until the Division of Elections notifies the
280supervisors of elections that the committee which circulated the
281petition is no longer seeking to obtain ballot position.
282     (9)(5)  The Secretary of State shall determine from the
283verification certificates received from supervisors of elections
284the total number of verified valid signatures and the
285distribution of such signatures by congressional districts. Upon
286a determination that the requisite number and distribution of
287valid signatures have been obtained, the secretary shall issue a
288certificate of ballot position for that proposed amendment and
289shall assign a designating number pursuant to s. 101.161. A
290petition shall be deemed to be filed with the Secretary of State
291upon the date of the receipt by the secretary of a certificate
292or certificates from supervisors of elections indicating the
293petition has been signed by the constitutionally required number
294of electors.
295     (10)(6)(a)  Within 45 days after receipt of a proposed
296revision or amendment to the State Constitution by initiative
297petition from the Secretary of State or, within 30 days after
298such receipt if receipt occurs 120 days or less before the
299election at which the question of ratifying the amendment will
300be presented, the Financial Impact Estimating Conference shall
301complete an analysis and financial impact statement to be placed
302on the ballot of the estimated increase or decrease in any
303revenues or costs to state or local governments resulting from
304the proposed initiative. The Financial Impact Estimating
305Conference shall submit the financial impact statement to the
306Attorney General and Secretary of State.
307     (b)1.  The Financial Impact Estimating Conference shall
308provide an opportunity for any proponents or opponents of the
309initiative to submit information and may solicit information or
310analysis from any other entities or agencies, including the
311Office of Economic and Demographic Research. All meetings of the
312Financial Impact Estimating Conference shall be open to the
313public as provided in chapter 286.
314     2.  The Financial Impact Estimating Conference is
315established to review, analyze, and estimate the financial
316impact of amendments to or revisions of the State Constitution
317proposed by initiative. The Financial Impact Estimating
318Conference shall consist of four principals: one person from the
319Executive Office of the Governor; the coordinator of the Office
320of Economic and Demographic Research, or his or her designee;
321one person from the professional staff of the Senate; and one
322person from the professional staff of the House of
323Representatives. Each principal shall have appropriate fiscal
324expertise in the subject matter of the initiative. A Financial
325Impact Estimating Conference may be appointed for each
327     3.  Principals of the Financial Impact Estimating
328Conference shall reach a consensus or majority concurrence on a
329clear and unambiguous financial impact statement, no more than
33075 words in length, and immediately submit the statement to the
331Attorney General. Nothing in this subsection prohibits the
332Financial Impact Estimating Conference from setting forth a
333range of potential impacts in the financial impact statement.
334Any financial impact statement that a court finds not to be in
335accordance with this section shall be remanded solely to the
336Financial Impact Estimating Conference for redrafting. The
337Financial Impact Estimating Conference shall redraft the
338financial impact statement within 15 days.
339     4.  If the members of the Financial Impact Estimating
340Conference are unable to agree on the statement required by this
341subsection, or if the Supreme Court has rejected the initial
342submission by the Financial Impact Estimating Conference and no
343redraft has been approved by the Supreme Court by April 1 of the
344year in which the general election is to be held 5 p.m. on the
34575th day before the election, the following statement shall
346appear on the ballot pursuant to s. 101.161(1): "The financial
347impact of this measure, if any, cannot be reasonably determined
348at this time."
349     (c)  The financial impact statement must be separately
350contained and be set forth after the ballot summary as required
351in s. 101.161(1).
352     (d)1.  Any financial impact statement that the Supreme
353Court finds not to be in accordance with this subsection shall
354be remanded solely to the Financial Impact Estimating Conference
355for redrafting, provided the court's advisory opinion is
356rendered by April 1 of the year in which the general election is
357to be held at least 75 days before the election at which the
358question of ratifying the amendment will be presented. The
359Financial Impact Estimating Conference shall prepare and adopt a
360revised financial impact statement no later than 5 p.m. on the
36115th day after the date of the court's opinion.
362     2.  If, by 5 p.m. on April 1 of the year in which the
363general election is to be held the 75th day before the election,
364the Supreme Court has not issued an advisory opinion on the
365initial financial impact statement prepared by the Financial
366Impact Estimating Conference for an initiative amendment that
367otherwise meets the legal requirements for ballot placement, the
368financial impact statement shall be deemed approved for
369placement on the ballot.
370     3.  In addition to the financial impact statement required
371by this subsection, the Financial Impact Estimating Conference
372shall draft an initiative financial information statement. The
373initiative financial information statement should describe in
374greater detail than the financial impact statement any projected
375increase or decrease in revenues or costs that the state or
376local governments would likely experience if the ballot measure
377were approved. If appropriate, the initiative financial
378information statement may include both estimated dollar amounts
379and a description placing the estimated dollar amounts into
380context. The initiative financial information statement must
381include both a summary of not more than 500 words and additional
382detailed information that includes the assumptions that were
383made to develop the financial impacts, workpapers, and any other
384information deemed relevant by the Financial Impact Estimating
386     4.  The Department of State shall have printed, and shall
387furnish to each supervisor of elections, a copy of the summary
388from the initiative financial information statements. The
389supervisors shall have the summary from the initiative financial
390information statements available at each polling place and at
391the main office of the supervisor of elections upon request.
392     5.  The Secretary of State and the Office of Economic and
393Demographic Research shall make available on the Internet each
394initiative financial information statement in its entirety. In
395addition, each supervisor of elections whose office has a
396website shall post the summary from each initiative financial
397information statement on the website. Each supervisor shall
398include the Internet addresses for the information statements on
399the Secretary of State's and the Office of Economic and
400Demographic Research's websites in the publication or mailing
401required by s. 101.20.
402     (11)(7)  The Department of State may adopt rules in
403accordance with s. 120.54 to carry out this section the
404provisions of subsections (1)-(6).
405     Section 4.  Section 100.372, Florida Statutes, is created
406to read:
407     100.372  Regulation of initiative petition circulators.--
408     (1)  For purposes of this section, a:
409     (a)  "Petition circulator" is any person who, in the
410context of a direct face-to-face conversation, presents to
411another person for his or her possible signature a petition form
412or petition revocation form regarding ballot placement for an
414     (b)  "Paid petition circulator" is a petition circulator
415who receives any compensation as either a direct or indirect
416consequence of the activities described in paragraph (a).
417     (2)  A petition circulator must be, at the time the
418petition circulator presents to any person for his or her
419possible signature a petition form or petition revocation form
420regarding ballot placement for an initiative, at least 18 years
421of age and eligible to register to vote in this state pursuant
422to s. 97.041.
423     (3)  A paid petitioner circulator shall, when engaged in
424the activities described in paragraph (1)(a), wear a prominent
425badge, in a form and manner prescribed by rule by the division,
426identifying him or her as a "PAID PETITION CIRCULATOR."
427     (4)  In addition to any other practice or action
428permissible under law, an owner, lessee, or other person
429lawfully exercising control over private property may:
430     (a)  Uniformly prohibit petition circulators from operating
431on the property and uniformly prohibit persons from engaging in
432other activities supporting or opposing an initiative; or
433     (b)  Permit such conduct on the property subject to time,
434place, and manner restrictions that are reasonable and uniformly
436     (5)  Prior to being presented to a possible elector for
437signature, a petition form or petition revocation form regarding
438ballot placement for an initiative must set forth the following
439information in a format and manner prescribed by rule by the
441     (a)  The name of any organization or entity with which the
442petition circulator is affiliated and on behalf of which the
443petition circulator is presenting forms to electors for possible
445     (b)  The name of the sponsor of the initiative if different
446from the entity with which the petition circulator is
448     (c)  A statement directing those seeking information about
449initiative sponsors and their contributors to the Internet
450address of the appropriate division website; and
451     (d)  A statement disclosing whether the petition circulator
452is a paid petition circulator, and, if so, the amount or rate of
453compensation and the name and address of the person or entity
454paying the compensation to the paid petition circulator.
455     (6)(a)  A paid petition circulator shall attach to each
456signed petition form, petition revocation form, or group of such
457forms obtained by the paid petition circulator a signed,
458notarized, and dated affidavit executed by the paid petition
459circulator in a form prescribed by rule by the division. If the
460affidavit pertains to a group of forms, the forms shall be
461consecutively numbered on their face by the paid petition
462circulator and the affidavit shall refer to the forms by number.
463     (b)  The affidavit shall include the paid petition
464circulator's printed name; the street address at which he or she
465resides, including county; the petition circulator's date of
466birth; the petition circulator's Florida voter registration
467number and county of registration, if applicable, or an
468identification number from a valid government-issued photo
469identification card along with information identifying the
470issuer; and the date he or she signed the affidavit.
471     (c)  The affidavit shall attest that the paid petition
472circulator has read and understands the laws governing the
473circulation of petition and petition revocation forms regarding
474ballot placement for an initiative; that he or she was 18 years
475of age and eligible to register to vote at the time the attached
476form or forms were circulated and signed by the listed electors;
477that he or she circulated the attached form or forms; that each
478signature thereon was affixed in the circulator's presence; that
479each signature thereon is the signature of the person whose name
480it purports to be; that to the best of the circulator's
481knowledge and belief each of the persons signing the form or
482forms was, at the time of signing, a registered elector; that
483the circulator has not provided or received, and will not in the
484future provide or receive, compensation that is based, directly
485or indirectly, upon the number of signatures obtained on
486petitions or petition revocation forms; and that he or she has
487not paid or will not in the future pay, and that he or she
488believes that no other person has paid or will pay, directly or
489indirectly, any money or other thing of value to any signer for
490the purpose of inducing or causing such signer to affix his or
491her signature to the form.
492     (d)  A signature on a petition form or petition revocation
493form regarding ballot placement for an initiative to which an
494affidavit required by this subsection is not attached is
495invalid, may not be verified by the supervisor of elections, and
496may not be counted toward the number of valid signatures
497required for ballot placement.
498     (7)  Each paid petition circulator shall provide to the
499sponsor of the initiative amendment for which he or she is
500circulating petitions a copy of a valid and current government-
501issued photo identification card that accurately indicates the
502address at which the paid petition circulator resides. The
503sponsor of the initiative shall maintain the copies of these
504identification cards in its files and shall make them available
505for inspection by the division, a supervisor of elections, or
506any law enforcement agency. If a sponsor fails to maintain such
507a copy with respect to a particular paid petition circulator,
508all petitions obtained by that paid petition circulator prior to
509the date the sponsor produces the required copy of the
510identification card are invalid, may not be verified by the
511supervisor of elections, and may not be counted toward the
512number of valid signatures required for ballot placement.
513     (8)  A signature on a petition form or petition revocation
514form regarding ballot placement for an initiative which does not
515fully comply with the applicable provisions of this chapter, or
516which was obtained in violation of the applicable provisions of
517this code, is invalid, may not be verified by the supervisor of
518elections, and may not be counted toward the number of valid
519signatures required for ballot placement.
520     Section 5.  Subsection (1) of section 101.161, Florida
521Statutes, is amended to read:
522     (1)  Whenever a constitutional amendment or other public
523measure is submitted to the vote of the people, the substance of
524such amendment or other public measure shall be printed in clear
525and unambiguous language on the ballot after the list of
526candidates, followed by the word "yes" and also by the word
527"no," and shall be styled in such a manner that a "yes" vote
528will indicate approval of the proposal and a "no" vote will
529indicate rejection. The wording of the substance of the
530amendment or other public measure and the ballot title to appear
531on the ballot shall be embodied in the joint resolution,
532constitutional revision commission proposal, constitutional
533convention proposal, taxation and budget reform commission
534proposal, or enabling resolution or ordinance. Except for
535amendments and ballot language proposed by joint resolution, the
536substance of the amendment or other public measure shall be an
537explanatory statement, not exceeding 75 words in length, of the
538chief purpose of the measure. In addition, for every amendment
539proposed by initiative, the ballot shall include, following the
540ballot summary, a separate financial impact statement concerning
541the measure prepared by the Financial Impact Estimating
542Conference in accordance with s. 100.371(10)(6). The ballot
543title shall consist of a caption, not exceeding 15 words in
544length, by which the measure is commonly referred to or spoken
546     Section 6.  Paragraph (a) of subsection (4) of section
547101.62, Florida Statutes, is amended to read:
548     101.62  Request for absentee ballots.--
549     (4)(a)  To each absent qualified elector overseas who has
550requested an absentee ballot, the supervisor of elections shall,
551not fewer than 35 days before the first primary election, mail
552an absentee ballot. Not fewer than 45 days before the second
553primary and general election, the supervisor of elections shall
554mail an advance absentee ballot to those persons requesting
555ballots for such elections. The advance absentee ballot for the
556second primary shall be the same as the first primary absentee
557ballot as to the names of candidates, except that for any
558offices where there are only two candidates, those offices and
559all political party executive committee offices shall be
560omitted. Except as provided in ss. 99.063(4) and 100.371(10)(6),
561the advance absentee ballot for the general election shall be as
562specified in s. 101.151, except that in the case of candidates
563of political parties where nominations were not made in the
564first primary, the names of the candidates placing first and
565second in the first primary election shall be printed on the
566advance absentee ballot. The advance absentee ballot or advance
567absentee ballot information booklet shall be of a different
568color for each election and also a different color from the
569absentee ballots for the first primary, second primary, and
570general election. The supervisor shall mail an advance absentee
571ballot for the second primary and general election to each
572qualified absent elector for whom a request is received until
573the absentee ballots are printed. The supervisor shall enclose
574with the advance second primary absentee ballot and advance
575general election absentee ballot an explanation stating that the
576absentee ballot for the election will be mailed as soon as it is
577printed; and, if both the advance absentee ballot and the
578absentee ballot for the election are returned in time to be
579counted, only the absentee ballot will be counted. The
580Department of State may prescribe by rule the requirements for
581preparing and mailing absentee ballots to absent qualified
582electors overseas.
583     Section 7.  Subsection (5) is added to section 104.012,
584Florida Statutes, to read:
585     104.012  Consideration for registration; interference with
586registration; soliciting registrations for compensation;
587alteration of registration application; failing to submit
588registration application.--
589     (5)  Any person who obtains an executed voter registration
590application from another person and who willfully fails to
591submit this application to the appropriate supervisor of
592elections within 10 days commits a felony of the third degree,
593punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
594     Section 8.  Section 104.185, Florida Statutes, is amended
595to read:
596     104.185  Violations involving petitions; knowingly signing
597more than once; signing another person's name or a fictitious
599     (1)  A person who knowingly signs a petition or petitions
600to secure ballot position for a candidate, a minor political
601party, or an issue more than one time commits a misdemeanor of
602the first degree, punishable as provided in s. 775.082 or s.
603775.083 and, upon any subsequent conviction, commits a felony of
604the third degree, punishable as provided in s. 775.082, s.
605775.083, or s. 775.084.
606     (2)  A person who signs another person's name or a
607fictitious name to any petition to secure ballot position for a
608candidate, a minor political party, or an issue, or to a
609petition revocation form, commits a misdemeanor of the first
610degree, punishable as provided in s. 775.082 or s. 775.083 and,
611upon any subsequent conviction, commits a felony of the third
612degree, punishable as provided in s. 775.082, s. 775.083, or s.
614     (3)  A person who willfully swears or affirms falsely to
615any oath or affirmation, or willfully procures another person to
616swear or affirm falsely to an oath or affirmation, in connection
617with or arising out of the petitioning process commits a
618misdemeanor of the first degree, punishable as provided in s.
619775.082 or s. 775.083 and, upon any subsequent conviction,
620commits a felony of the third degree, punishable as provided in
621s. 775.082, s. 775.083, or s. 775.084.
622     (4)  A person who willfully submits any false information
623on a petition or petition revocation form commits a misdemeanor
624of the first degree, punishable as provided in s. 775.082 or s.
625775.083 and, upon any subsequent conviction, commits a felony of
626the third degree, punishable as provided in s. 775.082, s.
627775.083, or s. 775.084.
628     (5)  A person who directly or indirectly gives or promises
629anything of value to any other person to induce that other
630person to sign a petition or petition revocation form commits a
631misdemeanor of the first degree, punishable as provided in s.
632775.082 or s. 775.083 and, upon any subsequent conviction,
633commits a felony of the third degree, punishable as provided in
634s. 775.082, s. 775.083, or s. 775.084.
635     (6)  A person who, by bribery, menace, threat, or other
636corruption, directly or indirectly influences, deceives, or
637deters, or attempts to influence, deceive, or deter, any person
638in the free exercise of that person's right to sign a petition
639or petition revocation form, upon the first conviction commits a
640misdemeanor of the first degree, punishable as provided in s.
641775.082 or s. 775.083 and, upon any subsequent conviction,
642commits a felony of the third degree, punishable as provided in
643s. 775.082, s. 775.083, or s. 775.084.
644     (7)  A person may not provide or receive compensation that
645is based, directly or indirectly, upon the number of signatures
646obtained on petitions or petition revocation forms. A person who
647violates this subsection commits a misdemeanor of the first
648degree, punishable as provided in s. 775.082 or s. 775.083 and,
649upon any subsequent conviction, commits a felony of the third
650degree, punishable as provided in s. 775.082, s. 775.083, or s.
652     (8)  A person who alters the petition or petition
653revocation form signed by any other person without the other
654person's knowledge and consent commits a misdemeanor of the
655first degree, punishable as provided in s. 775.082 or s. 775.083
656and, upon any subsequent conviction, commits a felony of the
657third degree, punishable as provided in s. 775.082, s. 775.083,
658or s. 775.084.
659     (9)  A person perpetrating, or attempting to perpetrate or
660aid in the perpetration of, any fraud in connection with
661obtaining the signature of electors on petitions or petition
662revocation forms commits a misdemeanor of the first degree,
663punishable as provided in s. 775.082 or s. 775.083 and, upon any
664subsequent conviction, commits a felony of the third degree,
665punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
666     (10)  In addition to any other penalty provided for by law,
667if a paid petition circulator, as defined in s. 100.372(1),
668violates any provision of this section, the Florida Elections
669Commission may, pursuant to s. 106.265, impose a civil penalty
670in the form of a fine not to exceed $1,000 per violation on any
671person or entity on behalf of which the petition circulator was
672acting at the time of the violation.
673     Section 9.  Section 104.42, Florida Statutes, is amended to
675     104.42  Unlawful registrations, petitions, Fraudulent
676registration and illegal voting; investigation.--
677     (1)  The supervisor of elections is authorized to
678investigate unlawful fraudulent registrations, petitions, and
679illegal voting and to report his or her findings to the local
680state attorney, the Florida Department of Law Enforcement, and
681the Florida Elections Commission.
682     (2)  The board of county commissioners in any county may
683appropriate funds to the supervisor of elections for the purpose
684of investigating unlawful fraudulent registrations, petitions,
685and illegal voting.
686     (3)  The supervisor of elections shall document and report
687suspected unlawful registrations, petitions, and voting to the
688Florida Elections Commission within 10 days of acquiring
689reasonable suspicion about the lawfulness of the registrations,
690petitions, and voting.
691     Section 10.  Any signature gathered on an authorized form
692for an initiative petition that has been submitted for
693verification prior to the effective date of this act may be
694verified and counted if otherwise valid. However, any petition
695form that is submitted for verification on or after the
696effective date of this act shall be verified and counted only if
697it complies with all the provisions of this act. Any initiative
698petition form approved by the Secretary of State prior to the
699effective date of this act is hereby invalidated, and a new
700petition form must be resubmitted to the Secretary of State for
701approval in accordance with the requirements of this act prior
702to obtaining elector signatures.
703     Section 11.  If any provision of this act or its
704application to any person or circumstance is held invalid, the
705invalidity does not affect other provisions or applications of
706the act which can be given effect without the invalid provision
707or application, and to this end the provisions of this act are
708declared severable.
709     Section 12.  This act shall take effect August 1, 2005.

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