| 1 | A bill to be entitled |
| 2 | An act relating to the petition process; providing a |
| 3 | popular name; amending s. 99.097, F.S.; providing for |
| 4 | certain petitions and petition revocations to be verified |
| 5 | by a certain method; requiring certain provisions to be |
| 6 | satisfied before a signature on a petition may be counted; |
| 7 | prohibiting compensation to any paid petition circulator |
| 8 | in certain circumstances; providing the procedure to |
| 9 | contest and resolve the alleged improper verification of |
| 10 | certain signatures; amending s. 100.371, F.S.; revising |
| 11 | requirements for placement of constitutional amendments |
| 12 | proposed by initiative on the ballot for the general |
| 13 | election; revising and providing rulemaking authority; |
| 14 | providing limitations on the contents of a petition form; |
| 15 | establishing compliance criteria for petition forms; |
| 16 | providing an elector's right to mail or deliver the form |
| 17 | to an address provided for that purpose; providing notices |
| 18 | that must be contained in each petition form; providing |
| 19 | for revocation of an elector's signature; requiring |
| 20 | payment of a fee to process petition revocation forms; |
| 21 | revising the duties of supervisors of elections; revising |
| 22 | requirements relating to the Financial Impact Estimating |
| 23 | Conference and financial impact statements; creating s. |
| 24 | 100.372, F.S.; providing for the regulation of initiative |
| 25 | petition circulators; providing definitions; providing |
| 26 | qualification requirements; providing requirements for the |
| 27 | practice of paid petition circulation; amending ss. |
| 28 | 101.161, and 101.62, F.S.; correcting cross references; |
| 29 | amending s. 104.012, F.S.; providing criminal penalties |
| 30 | for specified offenses involving voter registration |
| 31 | applications; amending s. 104.185, F.S.; revising and |
| 32 | providing violations involving petitions and providing |
| 33 | penalties therefor; amending s. 104.42, F.S.; revising |
| 34 | provisions relating to unlawful registrations, petitions, |
| 35 | and voting and the investigation of such matters; |
| 36 | requiring documentation and reporting thereof to the |
| 37 | Florida Elections Commission within a specified time |
| 38 | period; providing for the validity of certain petition |
| 39 | signatures gathered before the effective date of the act; |
| 40 | requiring previously approved petition forms to be |
| 41 | resubmitted for approval in accordance with the |
| 42 | requirements of the act; providing severability; providing |
| 43 | an effective date. |
| 44 |
|
| 45 | Be It Enacted by the Legislature of the State of Florida: |
| 46 |
|
| 47 | Section 1. This act may be cited as the "Petition Fraud |
| 48 | and Voter Protection Act." |
| 49 | Section 2. Subsections (1), (3), and (4) of section |
| 50 | 99.097, Florida Statutes, are amended, and subsection (6) is |
| 51 | added to said section, to read: |
| 52 | 99.097 Verification of signatures on petitions.-- |
| 53 | (1) As determined by each supervisor, based upon local |
| 54 | conditions, the verification of signatures checking of names on |
| 55 | petitions may be based on the most inexpensive and |
| 56 | administratively feasible of either of the following methods of |
| 57 | verification: |
| 58 | (a) A name-by-name, signature-by-signature check of the |
| 59 | number of valid authorized signatures on the petitions; or |
| 60 | (b) A check of a random sample, as provided by the |
| 61 | Department of State, of names and signatures on the petitions. |
| 62 | The sample must be such that a determination can be made as to |
| 63 | whether or not the required number of valid signatures has have |
| 64 | been obtained with a reliability of at least 99.5 percent. Rules |
| 65 | and guidelines for this method of petition verification shall be |
| 66 | promulgated by the Department of State, which may include a |
| 67 | requirement that petitions bear an additional number of names |
| 68 | and signatures, not to exceed 15 percent of the names and |
| 69 | signatures otherwise required. If the petitions do not meet such |
| 70 | criteria, then the use of the verification method described in |
| 71 | this paragraph shall not be available to supervisors. |
| 72 |
|
| 73 | Notwithstanding any other provision of law, petitions to secure |
| 74 | ballot placement for an issue, and petition revocations pursuant |
| 75 | to s. 100.371(7), must be verified by the method provided in |
| 76 | paragraph (a). |
| 77 | (3)(a) A signature name on a petition, in a which name |
| 78 | that is not in substantially the same form as a name on the |
| 79 | voter registration books, shall be counted as a valid signature |
| 80 | if, after comparing the signature on the petition with the |
| 81 | signature of the alleged signer as shown on the registration |
| 82 | books, the supervisor determines that the person signing the |
| 83 | petition and the person who registered to vote are one and the |
| 84 | same. In any situation in which this code requires the form of |
| 85 | the petition to be prescribed by the division, no signature |
| 86 | shall be counted toward the number of signatures required unless |
| 87 | it is on a petition form prescribed by the division. A signature |
| 88 | on a petition may not be counted toward the number of valid |
| 89 | signatures required for ballot placement unless all relevant |
| 90 | provisions of this code have been satisfied. |
| 91 | (b) If a voter signs a petition and lists an address other |
| 92 | than the legal residence where the voter is registered, the |
| 93 | supervisor shall treat the signature as if the voter had listed |
| 94 | the address where the voter is registered. |
| 95 | (4)(a) The supervisor shall be paid in advance the sum of |
| 96 | 10 cents for each signature checked or the actual cost of |
| 97 | checking such signature, whichever is less, by the candidate or, |
| 98 | in the case of a petition to have an issue placed on the ballot, |
| 99 | by the person or organization submitting the petition. However, |
| 100 | if a candidate, person, or organization seeking to have an issue |
| 101 | placed upon the ballot cannot pay such charges without imposing |
| 102 | an undue burden on personal resources or upon the resources |
| 103 | otherwise available to such candidate, person, or organization, |
| 104 | such candidate, person, or organization shall, upon written |
| 105 | certification of such inability given under oath to the |
| 106 | supervisor, be entitled to have the signatures verified at no |
| 107 | charge. In the event a candidate, person, or organization |
| 108 | submitting a petition to have an issue placed upon the ballot is |
| 109 | entitled to have the signatures verified at no charge, the |
| 110 | supervisor of elections of each county in which the signatures |
| 111 | are verified at no charge shall submit the total number of such |
| 112 | signatures checked in the county to the Chief Financial Officer |
| 113 | no later than December 1 of the general election year, and the |
| 114 | Chief Financial Officer shall cause such supervisor of elections |
| 115 | to be reimbursed from the General Revenue Fund in an amount |
| 116 | equal to 10 cents for each signature name checked or the actual |
| 117 | cost of checking such signatures, whichever is less. In no event |
| 118 | shall such reimbursement of costs be deemed or applied as extra |
| 119 | compensation for the supervisor. Petitions shall be retained by |
| 120 | the supervisors for a period of 1 year following the election |
| 121 | for which the petitions were circulated. |
| 122 | (b) A person or organization submitting a petition to |
| 123 | secure ballot placement for an issue which has filed a |
| 124 | certification of undue burden may not provide compensation to |
| 125 | any paid petition circulator, as defined in s. 100.372, unless |
| 126 | the person or organization first pays all supervisors for each |
| 127 | signature checked or reimburses the General Revenue Fund for |
| 128 | such costs. If a person or organization subject to this |
| 129 | paragraph provides compensation to a paid petition circulator |
| 130 | before the date the person or organization pays all supervisors |
| 131 | for each signature checked or reimburses the General Revenue |
| 132 | Fund for such costs, no signature on a petition circulated by |
| 133 | the petition circulator before that date may be counted toward |
| 134 | the number of valid signatures required for ballot placement. |
| 135 | (6)(a) The alleged improper verification of a signature on |
| 136 | a petition to secure ballot placement for an issue pursuant to |
| 137 | this code may be contested in the circuit court by a political |
| 138 | committee or by an elector. The contestant shall file a |
| 139 | complaint setting forth the basis of the contest, together with |
| 140 | the fees prescribed in chapter 28, with the clerk of the circuit |
| 141 | court in the county in which the petition is certified or in |
| 142 | Leon County if the complaint is directed to petitions certified |
| 143 | in more than one county. |
| 144 | (b) If the contestant demonstrates by a preponderance of |
| 145 | the evidence that one or more petitions were improperly |
| 146 | verified, the signatures appearing on such petitions may not be |
| 147 | counted toward the number of valid signatures required for |
| 148 | ballot placement. If an action brought under this subsection is |
| 149 | resolved after the Secretary of State has issued a certificate |
| 150 | of ballot position for the issue, but the contestant |
| 151 | demonstrates by a preponderance of the evidence that the person |
| 152 | or organization submitting the petition had obtained |
| 153 | verification of an insufficient number of valid and verified |
| 154 | signatures to qualify for ballot placement, the issue shall be |
| 155 | removed from the ballot or, if such action is impractical, any |
| 156 | votes cast for or against the issue may not be counted and shall |
| 157 | be invalidated. |
| 158 | (c) An action under this subsection must be commenced not |
| 159 | later than 90 days after the Secretary of State issues a |
| 160 | certificate of ballot position for the issue. |
| 161 | Section 3. Section 100.371, Florida Statutes, as amended |
| 162 | by section 9 of chapter 2002-281, Laws of Florida, is amended to |
| 163 | read: |
| 164 | 100.371 Initiatives; procedure for placement on ballot.-- |
| 165 | (1) Constitutional amendments proposed by initiative shall |
| 166 | be placed on the ballot for the general election provided that |
| 167 | an initiative petition is filed with the Secretary of State by |
| 168 | February 1 of the year in which the general election is to be |
| 169 | held occurring in excess of 90 days from the certification of |
| 170 | ballot position by the Secretary of State. |
| 171 | (2) Such Certification of ballot position shall be issued |
| 172 | when the Secretary of State has received verification |
| 173 | certificates from the supervisors of elections indicating that |
| 174 | the requisite number and distribution of valid petitions bearing |
| 175 | the signatures of electors have been submitted to and verified |
| 176 | by the supervisors. Every signature shall be dated by the |
| 177 | elector when made. Signatures are and shall be valid for a |
| 178 | period of 4 years following such date, provided all other |
| 179 | requirements of law are satisfied complied with. |
| 180 | (3) The sponsor of an initiative amendment shall, prior to |
| 181 | obtaining any signatures, register as a political committee |
| 182 | pursuant to s. 106.03 and submit the text of the proposed |
| 183 | amendment to the Secretary of State, with the form on which the |
| 184 | signatures will be affixed, and shall obtain the approval of the |
| 185 | Secretary of State of such form. The division Secretary of State |
| 186 | shall adopt rules pursuant to s. 120.54 prescribing the style |
| 187 | and requirements of such form. Upon filing with the Secretary of |
| 188 | State, the text of the proposed amendment and all forms filed in |
| 189 | connection with this section must, upon request, be made |
| 190 | available in alternative formats. The contents of a petition |
| 191 | form shall be limited to those items required by statute or |
| 192 | rule. A petition form shall be deemed a political advertisement |
| 193 | as defined in s. 106.011 and, as such, must comply with all |
| 194 | relevant requirements of chapter 106. |
| 195 | (4) The supervisor of elections shall record the date each |
| 196 | petition form was received by the supervisor and the date the |
| 197 | signature on the form was verified as valid. The supervisor |
| 198 | shall verify that the signature on a petition form is valid only |
| 199 | if the form complies with all of the following: |
| 200 | (a) The form must contain the original signature of the |
| 201 | purported elector; |
| 202 | (b) The purported elector must accurately record on the |
| 203 | form the date on which he or she signed the form; |
| 204 | (c) The form must accurately set forth the purported |
| 205 | elector's name, street address, county, voter registration |
| 206 | number or date of birth, and any other information required by |
| 207 | the division by rule; |
| 208 | (d) The purported elector must be, at the time he or she |
| 209 | signs the form, a duly qualified and registered elector |
| 210 | authorized to vote in the county for which his or her signature |
| 211 | is submitted; |
| 212 | (e) The date the elector signed the form, as recorded by |
| 213 | the elector, must be no more than 45 days from the date the form |
| 214 | was received by the supervisor of elections; |
| 215 | (f) The elector must accurately record on the form whether |
| 216 | the elector was presented with the petition form for his or her |
| 217 | signature by a petition circulator, as defined in s. 100.372(1); |
| 218 | and |
| 219 | (g) If the elector was presented with the petition form |
| 220 | for his or her signature by a petition circulator, the petition |
| 221 | form must comply with the requirements of s. 100.372. |
| 222 | (5) An elector has the right to submit his or her signed |
| 223 | form to the sponsor of the initiative amendment, by mail or |
| 224 | otherwise, at an address listed on the form for this purpose. |
| 225 | (6) Each form must contain the following three notices at |
| 226 | the top of the form in bold type and in a 16-point or larger |
| 227 | font, immediately following the title "Constitutional Amendment |
| 228 | Petition Form": |
| 229 |
|
| 230 | RIGHT TO MAIL-IN - You have the right to take this |
| 231 | petition home and study the issue before signing. If |
| 232 | you choose to sign the petition, you may return it to |
| 233 | the sponsors of the amendment at the following |
| 234 | address: ___________________________________. |
| 235 |
|
| 236 | PAID PETITION CIRCULATOR ? The person presenting this |
| 237 | petition for your signature may be receiving |
| 238 | compensation to do so. You have the right to ask for |
| 239 | this information and the person's rate of compensation |
| 240 | before you sign the petition. |
| 241 |
|
| 242 | NATURE OF AMENDMENT ? The merits of the proposed |
| 243 | change to the Florida Constitution appearing below |
| 244 | have not been officially reviewed by any court or |
| 245 | agency of state government. |
| 246 |
|
| 247 | (7) An elector's signature on a petition form may be |
| 248 | revoked by submitting to the supervisor a signed petition |
| 249 | revocation form in a form and manner prescribed by rule by the |
| 250 | division. The petition revocation form shall be subject to the |
| 251 | same requirements as the corresponding petition form under this |
| 252 | code. The petition revocation form shall be filed with the |
| 253 | appropriate supervisor of elections no later than the January 1 |
| 254 | preceding the next general election or, if the initiative |
| 255 | amendment is not certified for ballot position in that election, |
| 256 | no later than the January 1 preceding the next successive |
| 257 | general election. The supervisor of elections shall promptly |
| 258 | verify the signature on the petition revocation form and process |
| 259 | such revocation upon payment of a fee, in advance, of 10 cents |
| 260 | or the actual cost of checking such signature, whichever is |
| 261 | less. |
| 262 | (8)(4) The sponsor shall submit signed and dated forms to |
| 263 | the appropriate supervisor of elections for verification as to |
| 264 | the number of registered electors whose valid signatures appear |
| 265 | thereon. The supervisor shall promptly verify the signatures |
| 266 | upon payment of the fee required by s. 99.097. Upon completion |
| 267 | of verification, the supervisor shall execute a certificate |
| 268 | indicating the total number of signatures checked, the number of |
| 269 | signatures verified as valid and as being of registered |
| 270 | electors, the number of signatures validly revoked pursuant to |
| 271 | subsection (7), and the distribution of such signatures by |
| 272 | congressional district. This certificate shall be immediately |
| 273 | transmitted to the Secretary of State. The supervisor shall |
| 274 | retain the signed signature forms and revocation forms for at |
| 275 | least 1 year following the election in which the issue appeared |
| 276 | on the ballot or until the Division of Elections notifies the |
| 277 | supervisors of elections that the committee which circulated the |
| 278 | petition is no longer seeking to obtain ballot position. |
| 279 | (9)(5) The Secretary of State shall determine from the |
| 280 | verification certificates received from supervisors of elections |
| 281 | the total number of verified valid signatures and the |
| 282 | distribution of such signatures by congressional districts. Upon |
| 283 | a determination that the requisite number and distribution of |
| 284 | valid signatures have been obtained, the secretary shall issue a |
| 285 | certificate of ballot position for that proposed amendment and |
| 286 | shall assign a designating number pursuant to s. 101.161. A |
| 287 | petition shall be deemed to be filed with the Secretary of State |
| 288 | upon the date of the receipt by the secretary of a certificate |
| 289 | or certificates from supervisors of elections indicating the |
| 290 | petition has been signed by the constitutionally required number |
| 291 | of electors. |
| 292 | (10)(6)(a) Within 45 days after receipt of a proposed |
| 293 | revision or amendment to the State Constitution by initiative |
| 294 | petition from the Secretary of State or, within 30 days after |
| 295 | such receipt if receipt occurs 120 days or less before the |
| 296 | election at which the question of ratifying the amendment will |
| 297 | be presented, the Financial Impact Estimating Conference shall |
| 298 | complete an analysis and financial impact statement to be placed |
| 299 | on the ballot of the estimated increase or decrease in any |
| 300 | revenues or costs to state or local governments resulting from |
| 301 | the proposed initiative. The Financial Impact Estimating |
| 302 | Conference shall submit the financial impact statement to the |
| 303 | Attorney General and Secretary of State. |
| 304 | (b)1. The Financial Impact Estimating Conference shall |
| 305 | provide an opportunity for any proponents or opponents of the |
| 306 | initiative to submit information and may solicit information or |
| 307 | analysis from any other entities or agencies, including the |
| 308 | Office of Economic and Demographic Research. All meetings of the |
| 309 | Financial Impact Estimating Conference shall be open to the |
| 310 | public as provided in chapter 286. |
| 311 | 2. The Financial Impact Estimating Conference is |
| 312 | established to review, analyze, and estimate the financial |
| 313 | impact of amendments to or revisions of the State Constitution |
| 314 | proposed by initiative. The Financial Impact Estimating |
| 315 | Conference shall consist of four principals: one person from the |
| 316 | Executive Office of the Governor; the coordinator of the Office |
| 317 | of Economic and Demographic Research, or his or her designee; |
| 318 | one person from the professional staff of the Senate; and one |
| 319 | person from the professional staff of the House of |
| 320 | Representatives. Each principal shall have appropriate fiscal |
| 321 | expertise in the subject matter of the initiative. A Financial |
| 322 | Impact Estimating Conference may be appointed for each |
| 323 | initiative. |
| 324 | 3. Principals of the Financial Impact Estimating |
| 325 | Conference shall reach a consensus or majority concurrence on a |
| 326 | clear and unambiguous financial impact statement, no more than |
| 327 | 75 words in length, and immediately submit the statement to the |
| 328 | Attorney General. Nothing in this subsection prohibits the |
| 329 | Financial Impact Estimating Conference from setting forth a |
| 330 | range of potential impacts in the financial impact statement. |
| 331 | Any financial impact statement that a court finds not to be in |
| 332 | accordance with this section shall be remanded solely to the |
| 333 | Financial Impact Estimating Conference for redrafting. The |
| 334 | Financial Impact Estimating Conference shall redraft the |
| 335 | financial impact statement within 15 days. |
| 336 | 4. If the members of the Financial Impact Estimating |
| 337 | Conference are unable to agree on the statement required by this |
| 338 | subsection, or if the Supreme Court has rejected the initial |
| 339 | submission by the Financial Impact Estimating Conference and no |
| 340 | redraft has been approved by the Supreme Court by April 1 of the |
| 341 | year in which the general election is to be held 5 p.m. on the |
| 342 | 75th day before the election, the following statement shall |
| 343 | appear on the ballot pursuant to s. 101.161(1): "The financial |
| 344 | impact of this measure, if any, cannot be reasonably determined |
| 345 | at this time." |
| 346 | (c) The financial impact statement must be separately |
| 347 | contained and be set forth after the ballot summary as required |
| 348 | in s. 101.161(1). |
| 349 | (d)1. Any financial impact statement that the Supreme |
| 350 | Court finds not to be in accordance with this subsection shall |
| 351 | be remanded solely to the Financial Impact Estimating Conference |
| 352 | for redrafting, provided the court's advisory opinion is |
| 353 | rendered by April 1 of the year in which the general election is |
| 354 | to be held at least 75 days before the election at which the |
| 355 | question of ratifying the amendment will be presented. The |
| 356 | Financial Impact Estimating Conference shall prepare and adopt a |
| 357 | revised financial impact statement no later than 5 p.m. on the |
| 358 | 15th day after the date of the court's opinion. |
| 359 | 2. If, by 5 p.m. on April 1 of the year in which the |
| 360 | general election is to be held the 75th day before the election, |
| 361 | the Supreme Court has not issued an advisory opinion on the |
| 362 | initial financial impact statement prepared by the Financial |
| 363 | Impact Estimating Conference for an initiative amendment that |
| 364 | otherwise meets the legal requirements for ballot placement, the |
| 365 | financial impact statement shall be deemed approved for |
| 366 | placement on the ballot. |
| 367 | 3. In addition to the financial impact statement required |
| 368 | by this subsection, the Financial Impact Estimating Conference |
| 369 | shall draft an initiative financial information statement. The |
| 370 | initiative financial information statement should describe in |
| 371 | greater detail than the financial impact statement any projected |
| 372 | increase or decrease in revenues or costs that the state or |
| 373 | local governments would likely experience if the ballot measure |
| 374 | were approved. If appropriate, the initiative financial |
| 375 | information statement may include both estimated dollar amounts |
| 376 | and a description placing the estimated dollar amounts into |
| 377 | context. The initiative financial information statement must |
| 378 | include both a summary of not more than 500 words and additional |
| 379 | detailed information that includes the assumptions that were |
| 380 | made to develop the financial impacts, workpapers, and any other |
| 381 | information deemed relevant by the Financial Impact Estimating |
| 382 | Conference. |
| 383 | 4. The Department of State shall have printed, and shall |
| 384 | furnish to each supervisor of elections, a copy of the summary |
| 385 | from the initiative financial information statements. The |
| 386 | supervisors shall have the summary from the initiative financial |
| 387 | information statements available at each polling place and at |
| 388 | the main office of the supervisor of elections upon request. |
| 389 | 5. The Secretary of State and the Office of Economic and |
| 390 | Demographic Research shall make available on the Internet each |
| 391 | initiative financial information statement in its entirety. In |
| 392 | addition, each supervisor of elections whose office has a |
| 393 | website shall post the summary from each initiative financial |
| 394 | information statement on the website. Each supervisor shall |
| 395 | include the Internet addresses for the information statements on |
| 396 | the Secretary of State's and the Office of Economic and |
| 397 | Demographic Research's websites in the publication or mailing |
| 398 | required by s. 101.20. |
| 399 | (11)(7) The Department of State may adopt rules in |
| 400 | accordance with s. 120.54 to carry out this section the |
| 401 | provisions of subsections (1)-(6). |
| 402 | Section 4. Section 100.372, Florida Statutes, is created |
| 403 | to read: |
| 404 | 100.372 Regulation of initiative petition circulators.-- |
| 405 | (1) For purposes of this section, a: |
| 406 | (a) "Petition circulator" is any person who, in the |
| 407 | context of a direct face-to-face conversation, presents to |
| 408 | another person for his or her possible signature a petition form |
| 409 | or petition revocation form regarding ballot placement for an |
| 410 | initiative. |
| 411 | (b) "Paid petition circulator" is a petition circulator |
| 412 | who receives any compensation as either a direct or indirect |
| 413 | consequence of the activities described in paragraph (a). |
| 414 | (2) A petition circulator must be, at the time the |
| 415 | petition circulator presents to any person for his or her |
| 416 | possible signature a petition form or petition revocation form |
| 417 | regarding ballot placement for an initiative, at least 18 years |
| 418 | of age and eligible to register to vote in this state pursuant |
| 419 | to s. 97.041. |
| 420 | (3) A paid petition circulator shall, when engaged in the |
| 421 | activities described in paragraph (1)(a), wear a prominent |
| 422 | badge, in a form and manner prescribed by rule by the division, |
| 423 | identifying him or her as a "PAID PETITION CIRCULATOR." |
| 424 | (4) In addition to any other practice or action |
| 425 | permissible under law, an owner, lessee, or other person |
| 426 | lawfully exercising control over private property may: |
| 427 | (a) Uniformly prohibit petition circulators from operating |
| 428 | on the property and uniformly prohibit persons from engaging in |
| 429 | other activities supporting or opposing an initiative; or |
| 430 | (b) Permit such conduct on the property subject to time, |
| 431 | place, and manner restrictions that are reasonable and uniformly |
| 432 | applied. |
| 433 | (5) Prior to being presented to a possible elector for |
| 434 | signature, a petition form or petition revocation form regarding |
| 435 | ballot placement for an initiative must set forth the following |
| 436 | information in a format and manner prescribed by rule by the |
| 437 | division: |
| 438 | (a) The name of any organization or entity with which the |
| 439 | petition circulator is affiliated and on behalf of which the |
| 440 | petition circulator is presenting forms to electors for possible |
| 441 | signature. |
| 442 | (b) The name of the sponsor of the initiative if different |
| 443 | from the entity with which the petition circulator is |
| 444 | affiliated. |
| 445 | (c) A statement directing those seeking information about |
| 446 | initiative sponsors and their contributors to the Internet |
| 447 | address of the appropriate division website; and |
| 448 | (d) A statement disclosing whether the petition circulator |
| 449 | is a paid petition circulator, and, if so, the amount or rate of |
| 450 | compensation and the name and address of the person or entity |
| 451 | paying the compensation to the paid petition circulator. |
| 452 | (6)(a) A paid petition circulator shall attach to each |
| 453 | signed petition form, petition revocation form, or group of such |
| 454 | forms obtained by the paid petition circulator a signed, |
| 455 | notarized, and dated affidavit executed by the paid petition |
| 456 | circulator in a form prescribed by rule by the division. If the |
| 457 | affidavit pertains to a group of forms, the forms shall be |
| 458 | consecutively numbered on their face by the paid petition |
| 459 | circulator and the affidavit shall refer to the forms by number. |
| 460 | (b) The affidavit shall include the paid petition |
| 461 | circulator's printed name; the street address at which he or she |
| 462 | resides, including county; the petition circulator's date of |
| 463 | birth; the petition circulator's Florida voter registration |
| 464 | number and county of registration, if applicable, or an |
| 465 | identification number from a valid government-issued photo |
| 466 | identification card along with information identifying the |
| 467 | issuer; and the date he or she signed the affidavit. |
| 468 | (c) The affidavit shall attest that the paid petition |
| 469 | circulator has read and understands the laws governing the |
| 470 | circulation of petition and petition revocation forms regarding |
| 471 | ballot placement for an initiative; that he or she was 18 years |
| 472 | of age and eligible to register to vote at the time the attached |
| 473 | form or forms were circulated and signed by the listed electors; |
| 474 | that he or she circulated the attached form or forms; that each |
| 475 | signature thereon was affixed in the circulator's presence; that |
| 476 | each signature thereon is the signature of the person whose name |
| 477 | it purports to be; that to the best of the circulator's |
| 478 | knowledge and belief each of the persons signing the form or |
| 479 | forms was, at the time of signing, a registered elector; that |
| 480 | the circulator has not provided or received, and will not in the |
| 481 | future provide or receive, compensation that is based, directly |
| 482 | or indirectly, upon the number of signatures obtained on |
| 483 | petitions or petition revocation forms; and that he or she has |
| 484 | not paid or will not in the future pay, and that he or she |
| 485 | believes that no other person has paid or will pay, directly or |
| 486 | indirectly, any money or other thing of value to any signer for |
| 487 | the purpose of inducing or causing such signer to affix his or |
| 488 | her signature to the form. |
| 489 | (d) A signature on a petition form or petition revocation |
| 490 | form regarding ballot placement for an initiative to which an |
| 491 | affidavit required by this subsection is not attached is |
| 492 | invalid, may not be verified by the supervisor of elections, and |
| 493 | may not be counted toward the number of valid signatures |
| 494 | required for ballot placement. |
| 495 | (7) Each paid petition circulator shall provide to the |
| 496 | sponsor of the initiative amendment for which he or she is |
| 497 | circulating petitions a copy of a valid and current government- |
| 498 | issued photo identification card that accurately indicates the |
| 499 | address at which the paid petition circulator resides. The |
| 500 | sponsor of the initiative shall maintain the copies of these |
| 501 | identification cards in its files and shall make them available |
| 502 | for inspection by the division, a supervisor of elections, or |
| 503 | any law enforcement agency. If a sponsor fails to maintain such |
| 504 | a copy with respect to a particular paid petition circulator, |
| 505 | all petitions obtained by that paid petition circulator prior to |
| 506 | the date the sponsor produces the required copy of the |
| 507 | identification card are invalid, may not be verified by the |
| 508 | supervisor of elections, and may not be counted toward the |
| 509 | number of valid signatures required for ballot placement. |
| 510 | (8) A signature on a petition form or petition revocation |
| 511 | form regarding ballot placement for an initiative which does not |
| 512 | fully comply with the applicable provisions of this chapter, or |
| 513 | which was obtained in violation of the applicable provisions of |
| 514 | this code, is invalid, may not be verified by the supervisor of |
| 515 | elections, and may not be counted toward the number of valid |
| 516 | signatures required for ballot placement. |
| 517 | Section 5. Subsection (1) of section 101.161, Florida |
| 518 | Statutes, is amended to read: |
| 519 | (1) Whenever a constitutional amendment or other public |
| 520 | measure is submitted to the vote of the people, the substance of |
| 521 | such amendment or other public measure shall be printed in clear |
| 522 | and unambiguous language on the ballot after the list of |
| 523 | candidates, followed by the word "yes" and also by the word |
| 524 | "no," and shall be styled in such a manner that a "yes" vote |
| 525 | will indicate approval of the proposal and a "no" vote will |
| 526 | indicate rejection. The wording of the substance of the |
| 527 | amendment or other public measure and the ballot title to appear |
| 528 | on the ballot shall be embodied in the joint resolution, |
| 529 | constitutional revision commission proposal, constitutional |
| 530 | convention proposal, taxation and budget reform commission |
| 531 | proposal, or enabling resolution or ordinance. Except for |
| 532 | amendments and ballot language proposed by joint resolution, the |
| 533 | substance of the amendment or other public measure shall be an |
| 534 | explanatory statement, not exceeding 75 words in length, of the |
| 535 | chief purpose of the measure. In addition, for every amendment |
| 536 | proposed by initiative, the ballot shall include, following the |
| 537 | ballot summary, a separate financial impact statement concerning |
| 538 | the measure prepared by the Financial Impact Estimating |
| 539 | Conference in accordance with s. 100.371(10)(6). The ballot |
| 540 | title shall consist of a caption, not exceeding 15 words in |
| 541 | length, by which the measure is commonly referred to or spoken |
| 542 | of. |
| 543 | Section 6. Paragraph (a) of subsection (4) of section |
| 544 | 101.62, Florida Statutes, is amended to read: |
| 545 | 101.62 Request for absentee ballots.-- |
| 546 | (4)(a) To each absent qualified elector overseas who has |
| 547 | requested an absentee ballot, the supervisor of elections shall, |
| 548 | not fewer than 35 days before the first primary election, mail |
| 549 | an absentee ballot. Not fewer than 45 days before the second |
| 550 | primary and general election, the supervisor of elections shall |
| 551 | mail an advance absentee ballot to those persons requesting |
| 552 | ballots for such elections. The advance absentee ballot for the |
| 553 | second primary shall be the same as the first primary absentee |
| 554 | ballot as to the names of candidates, except that for any |
| 555 | offices where there are only two candidates, those offices and |
| 556 | all political party executive committee offices shall be |
| 557 | omitted. Except as provided in ss. 99.063(4) and 100.371(10)(6), |
| 558 | the advance absentee ballot for the general election shall be as |
| 559 | specified in s. 101.151, except that in the case of candidates |
| 560 | of political parties where nominations were not made in the |
| 561 | first primary, the names of the candidates placing first and |
| 562 | second in the first primary election shall be printed on the |
| 563 | advance absentee ballot. The advance absentee ballot or advance |
| 564 | absentee ballot information booklet shall be of a different |
| 565 | color for each election and also a different color from the |
| 566 | absentee ballots for the first primary, second primary, and |
| 567 | general election. The supervisor shall mail an advance absentee |
| 568 | ballot for the second primary and general election to each |
| 569 | qualified absent elector for whom a request is received until |
| 570 | the absentee ballots are printed. The supervisor shall enclose |
| 571 | with the advance second primary absentee ballot and advance |
| 572 | general election absentee ballot an explanation stating that the |
| 573 | absentee ballot for the election will be mailed as soon as it is |
| 574 | printed; and, if both the advance absentee ballot and the |
| 575 | absentee ballot for the election are returned in time to be |
| 576 | counted, only the absentee ballot will be counted. The |
| 577 | Department of State may prescribe by rule the requirements for |
| 578 | preparing and mailing absentee ballots to absent qualified |
| 579 | electors overseas. |
| 580 | Section 7. Subsection (5) is added to section 104.012, |
| 581 | Florida Statutes, to read: |
| 582 | 104.012 Consideration for registration; interference with |
| 583 | registration; soliciting registrations for compensation; |
| 584 | alteration of registration application; failing to submit |
| 585 | registration application.-- |
| 586 | (5) Any person who obtains an executed voter registration |
| 587 | application from another person and who willfully fails to |
| 588 | submit this application to the appropriate supervisor of |
| 589 | elections within 10 days commits a felony of the third degree, |
| 590 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 591 | Section 8. Section 104.185, Florida Statutes, is amended |
| 592 | to read: |
| 593 | 104.185 Violations involving petitions; knowingly signing |
| 594 | more than once; signing another person's name or a fictitious |
| 595 | name.-- |
| 596 | (1) A person who knowingly signs a petition or petitions |
| 597 | to secure ballot position for a candidate, a minor political |
| 598 | party, or an issue more than one time commits a misdemeanor of |
| 599 | the first degree, punishable as provided in s. 775.082 or s. |
| 600 | 775.083 and, upon any subsequent conviction, commits a felony of |
| 601 | the third degree, punishable as provided in s. 775.082, s. |
| 602 | 775.083, or s. 775.084. |
| 603 | (2) A person who signs another person's name or a |
| 604 | fictitious name to any petition to secure ballot position for a |
| 605 | candidate, a minor political party, or an issue, or to a |
| 606 | petition revocation form, commits a misdemeanor of the first |
| 607 | degree, punishable as provided in s. 775.082 or s. 775.083 and, |
| 608 | upon any subsequent conviction, commits a felony of the third |
| 609 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 610 | 775.084. |
| 611 | (3) A person who willfully swears or affirms falsely to |
| 612 | any oath or affirmation, or willfully procures another person to |
| 613 | swear or affirm falsely to an oath or affirmation, in connection |
| 614 | with or arising out of the petitioning process commits a |
| 615 | misdemeanor of the first degree, punishable as provided in s. |
| 616 | 775.082 or s. 775.083 and, upon any subsequent conviction, |
| 617 | commits a felony of the third degree, punishable as provided in |
| 618 | s. 775.082, s. 775.083, or s. 775.084. |
| 619 | (4) A person who willfully submits any false information |
| 620 | on a petition or petition revocation form commits a misdemeanor |
| 621 | of the first degree, punishable as provided in s. 775.082 or s. |
| 622 | 775.083 and, upon any subsequent conviction, commits a felony of |
| 623 | the third degree, punishable as provided in s. 775.082, s. |
| 624 | 775.083, or s. 775.084. |
| 625 | (5) A person who directly or indirectly gives or promises |
| 626 | anything of value to any other person to induce that other |
| 627 | person to sign a petition or petition revocation form commits a |
| 628 | misdemeanor of the first degree, punishable as provided in s. |
| 629 | 775.082 or s. 775.083 and, upon any subsequent conviction, |
| 630 | commits a felony of the third degree, punishable as provided in |
| 631 | s. 775.082, s. 775.083, or s. 775.084. |
| 632 | (6) A person who, by bribery, menace, threat, or other |
| 633 | corruption, directly or indirectly influences, deceives, or |
| 634 | deters, or attempts to influence, deceive, or deter, any person |
| 635 | in the free exercise of that person's right to sign a petition |
| 636 | or petition revocation form, upon the first conviction commits a |
| 637 | misdemeanor of the first degree, punishable as provided in s. |
| 638 | 775.082 or s. 775.083 and, upon any subsequent conviction, |
| 639 | commits a felony of the third degree, punishable as provided in |
| 640 | s. 775.082, s. 775.083, or s. 775.084. |
| 641 | (7) A person may not provide or receive compensation that |
| 642 | is based, directly or indirectly, upon the number of signatures |
| 643 | obtained on petitions or petition revocation forms. A person who |
| 644 | violates this subsection commits a misdemeanor of the first |
| 645 | degree, punishable as provided in s. 775.082 or s. 775.083 and, |
| 646 | upon any subsequent conviction, commits a felony of the third |
| 647 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 648 | 775.084. |
| 649 | (8) A person who alters the petition or petition |
| 650 | revocation form signed by any other person without the other |
| 651 | person's knowledge and consent commits a misdemeanor of the |
| 652 | first degree, punishable as provided in s. 775.082 or s. 775.083 |
| 653 | and, upon any subsequent conviction, commits a felony of the |
| 654 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 655 | or s. 775.084. |
| 656 | (9) A person perpetrating, or attempting to perpetrate or |
| 657 | aid in the perpetration of, any fraud in connection with |
| 658 | obtaining the signature of electors on petitions or petition |
| 659 | revocation forms commits a misdemeanor of the first degree, |
| 660 | punishable as provided in s. 775.082 or s. 775.083 and, upon any |
| 661 | subsequent conviction, commits a felony of the third degree, |
| 662 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 663 | (10) In addition to any other penalty provided for by law, |
| 664 | if a paid petition circulator, as defined in s. 100.372(1), |
| 665 | violates any provision of this section, the Florida Elections |
| 666 | Commission may, pursuant to s. 106.265, impose a civil penalty |
| 667 | in the form of a fine not to exceed $1,000 per violation on any |
| 668 | person or entity on behalf of which the petition circulator was |
| 669 | acting at the time of the violation. |
| 670 | Section 9. Section 104.42, Florida Statutes, is amended to |
| 671 | read: |
| 672 | 104.42 Unlawful registrations, petitions, Fraudulent |
| 673 | registration and illegal voting; investigation.-- |
| 674 | (1) The supervisor of elections is authorized to |
| 675 | investigate unlawful fraudulent registrations, petitions, and |
| 676 | illegal voting and to report his or her findings to the local |
| 677 | state attorney, the Florida Department of Law Enforcement, and |
| 678 | the Florida Elections Commission. |
| 679 | (2) The board of county commissioners in any county may |
| 680 | appropriate funds to the supervisor of elections for the purpose |
| 681 | of investigating unlawful fraudulent registrations, petitions, |
| 682 | and illegal voting. |
| 683 | (3) The supervisor of elections shall document and report |
| 684 | suspected unlawful registrations, petitions, and voting to the |
| 685 | Florida Elections Commission within 10 days of acquiring |
| 686 | reasonable suspicion about the lawfulness of the registrations, |
| 687 | petitions, and voting. |
| 688 | Section 10. Any signature gathered on an authorized form |
| 689 | for an initiative petition that has been submitted for |
| 690 | verification prior to the effective date of this act may be |
| 691 | verified and counted if otherwise valid. However, any petition |
| 692 | form that is submitted for verification on or after the |
| 693 | effective date of this act shall be verified and counted only if |
| 694 | it complies with all the provisions of this act. Any initiative |
| 695 | petition form approved by the Secretary of State prior to the |
| 696 | effective date of this act is hereby invalidated, and a new |
| 697 | petition form must be resubmitted to the Secretary of State for |
| 698 | approval in accordance with the requirements of this act prior |
| 699 | to obtaining elector signatures. |
| 700 | Section 11. If any provision of this act or its |
| 701 | application to any person or circumstance is held invalid, the |
| 702 | invalidity does not affect other provisions or applications of |
| 703 | the act which can be given effect without the invalid provision |
| 704 | or application, and to this end the provisions of this act are |
| 705 | declared severable. |
| 706 | Section 12. This act shall take effect August 1, 2005. |