HB 773

1	A bill to be entitled
2	An act relating to the petition process; providing a short
3	title; amending s. 99.097, F.S.; revising requirements for
4	verification of signatures on petitions; prescribing
5	limits on use of paid petition circulators; providing
6	procedures to contest alleged improper signature
7	verification; repealing s. 28, ch. 2005-278, Laws of
8	Florida, relating to procedures for placement of
9	initiatives on the ballot; amending s. 100.371, F.S.;
10	revising procedures for placing an initiative on the
11	ballot; providing requirements for information to be
12	contained on petitions; providing procedure for revocation
13	of a petition signature; requiring a statement on the
14	ballot regarding the financial impact statement; creating
15	s. 100.372, F.S.; providing regulation for initiative
16	petition circulators and their activities; repealing s.
17	33, ch. 2005-278, Laws of Florida, relating to referenda
18	and ballots; amending s. 101.161, F.S.; conforming a
19	cross-reference; amending s. 104.012, F.S.; providing
20	criminal penalties for specified offenses involving voter
21	registration applications; amending s. 104.185, F.S.;
22	proscribing specified actions involving petitions and
23	providing or increasing criminal penalties therefor;
24	amending s. 104.42, F.S.; prescribing duties of
25	supervisors of elections with respect to unlawful
26	registrations, petitions, petition revocations, and
27	voting; providing for verifying and counting signatures
28	submitted for verification before the effective date of
29	the act; requiring resubmission and reapproval of petition
30	forms; providing severability; providing effective dates.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  This act may be cited as the "Petition Fraud
35	and Voter Protection Act."
36	Section 2.  Subsections (1), (3), and (4) of section
37	99.097, Florida Statutes, are amended, and subsection (6) is
38	added to that section, to read:
39	99.097  Verification of signatures on petitions.--
40	(1)  As determined by each supervisor, based upon local
41	conditions, the verification of signatures checking of names on
42	petitions may be based on the most inexpensive and
43	administratively feasible of either of the following methods of
44	verification:
45	(a)  A name-by-name, signature-by-signature check of the
46	number of valid authorized signatures on the petitions; or
47	(b)  A check of a random sample, as provided by the
48	Department of State, of names and signatures on the petitions.
49	The sample must be such that a determination can be made as to
50	whether or not the required number of valid signatures has have
51	been obtained with a reliability of at least 99.5 percent. Rules
52	and guidelines for this method of petition verification shall be
53	promulgated by the Department of State, which may include a
54	requirement that petitions bear an additional number of names
55	and signatures, not to exceed 15 percent of the names and
56	signatures otherwise required. If the petitions do not meet such
57	criteria, then the use of the verification method described in
58	this paragraph shall not be available to supervisors.
59
60	Notwithstanding any other provision of law, petitions to secure
61	ballot placement for an issue, and petition revocations directed
62	thereto pursuant to s. 100.371, must be verified by the method
63	provided in paragraph (a).
64	(3)(a)  A signature name on a petition, in a name that
65	which name is not in substantially the same form as a name on
66	the voter registration books, shall be counted as a valid
67	signature if, after comparing the signature on the petition with
68	the signature of the alleged signer as shown on the registration
69	books, the supervisor determines that the person signing the
70	petition and the person who registered to vote are one and the
71	same. In any situation in which this code requires the form of
72	the petition to be prescribed by the division, no signature
73	shall be counted toward the number of signatures required unless
74	it is on a petition form prescribed by the division. A signature
75	on a petition may not be counted toward the number of valid
76	signatures required for ballot placement unless all relevant
77	provisions of this code have been satisfied.
78	(b)  If a voter signs a petition and lists an address other
79	than the legal residence where the voter is registered, the
80	supervisor shall treat the signature as if the voter had listed
81	the address where the voter is registered.
82	(4)(a)  The supervisor shall be paid in advance the sum of
83	10 cents for each signature checked or the actual cost of
84	checking such signature, whichever is less, by the candidate or,
85	in the case of a petition to have an issue placed on the ballot,
86	by the person or organization submitting the petition. However,
87	if a candidate, person, or organization seeking to have an issue
88	placed upon the ballot cannot pay such charges without imposing
89	an undue burden on personal resources or upon the resources
90	otherwise available to such candidate, person, or organization,
91	such candidate, person, or organization shall, upon written
92	certification of such inability given under oath to the
93	supervisor, be entitled to have the signatures verified at no
94	charge. In the event a candidate, person, or organization
95	submitting a petition to have an issue placed upon the ballot is
96	entitled to have the signatures verified at no charge, the
97	supervisor of elections of each county in which the signatures
98	are verified at no charge shall submit the total number of such
99	signatures checked in the county to the Chief Financial Officer
100	no later than December 1 of the general election year, and the
101	Chief Financial Officer shall cause such supervisor of elections
102	to be reimbursed from the General Revenue Fund in an amount
103	equal to 10 cents for each signature name checked or the actual
104	cost of checking such signatures, whichever is less. In no event
105	shall such reimbursement of costs be deemed or applied as extra
106	compensation for the supervisor. Petitions shall be retained by
107	the supervisors for a period of 1 year following the election
108	for which the petitions were circulated.
109	(b)  A person or organization submitting a petition to
110	secure ballot placement for an issue which has filed a
111	certification of undue burden may not provide compensation to
112	any paid petition circulator, as defined in s. 100.372, unless
113	the person or organization first pays all supervisors for each
114	signature checked or reimburses the General Revenue Fund for
115	such costs. If a person or organization subject to this
116	paragraph provides compensation to a paid petition circulator
117	before the date the person or organization pays all supervisors
118	for each signature checked or reimburses the General Revenue
119	Fund for such costs, a signature on a petition circulated by the
120	petition circulator before that date may not be counted toward
121	the number of valid signatures required for ballot placement.
122	(6)(a)  The alleged improper verification of a signature on
123	a petition to secure ballot placement for an issue pursuant to
124	this code may be contested in the circuit court by a political
125	committee or by an elector. The contestant shall file a
126	complaint setting forth the basis of the contest, together with
127	the fees prescribed in chapter 28, with the clerk of the circuit
128	court in the county in which the petition is certified or in
129	Leon County if the complaint is directed to petitions certified
130	in more than one county.
131	(b)  If the contestant demonstrates by a preponderance of
132	the evidence that one or more petitions were improperly
133	verified, the signatures appearing on such petitions may not be
134	counted toward the number of valid signatures required for
135	ballot placement. If an action brought under this subsection is
136	resolved after the Secretary of State has issued a certificate
137	of ballot position for the issue, but the contestant
138	demonstrates that the person or organization submitting the
139	petition had obtained verification of an insufficient number of
140	valid and verified signatures to qualify for ballot placement,
141	the issue shall be removed from the ballot or, if such action is
142	impractical, any votes cast for or against the issue may not be
143	counted and shall be invalidated.
144	(c)  An action under this subsection must be commenced no
145	later than 90 days after the Secretary of State issues a
146	certificate of ballot position for the issue.
147	Section 3.  Section 100.371, Florida Statutes, is amended
148	to read:
149	100.371  Initiatives; procedure for placement on ballot.--
150	(1)  Constitutional amendments proposed by initiative shall
151	be placed on the ballot for the general election if an
152	initiative petition is filed with the Secretary of State by
153	February 1 of the year in which the general election is to be
154	held occurring in excess of 90 days from the certification of
155	ballot position by the Secretary of State.
156	(2)  Certification of ballot position Such certification
157	shall be issued when the Secretary of State has received
158	verification certificates from the supervisors of elections
159	indicating that the requisite number and distribution of valid
160	petitions bearing the signatures of electors have been submitted
161	to and verified by the supervisors. Every signature shall be
162	dated by the elector when made. Signatures are and shall be
163	valid for a period of 4 years following such date, provided all
164	other requirements of law are satisfied complied with.
165	(3)  The sponsor of an initiative amendment shall, prior to
166	obtaining any signatures, register as a political committee
167	pursuant to s. 106.03 and submit the text of the proposed
168	amendment to the Secretary of State, with the form on which the
169	signatures will be affixed, and shall obtain the approval of the
170	Secretary of State of such form. The division Secretary of State
171	shall adopt rules pursuant to s. 120.54 prescribing the style
172	and requirements of such form. Upon filing with the Secretary of
173	State, the text of the proposed amendment and all forms filed in
174	connection with this section must, upon request, be made
175	available in alternative formats. The contents of a petition
176	form are limited to those items required by statute or rule. A
177	petition form is a political advertisement as defined in s.
178	106.011 and, as such, must comply with all relevant requirements
179	of chapter 106.
180	(4)  The supervisor of elections shall record the date each
181	petition form is received by the supervisor and the date the
182	signature on the form is verified as valid. The supervisor shall
183	verify that the signature on a petition form is valid only if
184	the form complies with all of the following:
185	(a)  The form must contain the original signature of the
186	purported elector;
187	(b)  The purported elector must accurately record on the
188	form the date on which he or she signed the form;
189	(c)  The form must accurately set forth the purported
190	elector's name, street address, county, and voter registration
191	number or date of birth;
192	(d)  The purported elector must be, at the time he or she
193	signs the form, a duly qualified and registered elector
194	authorized to vote in the county in which his or her signature
195	is submitted;
196	(e)  The date the elector signed the form, as recorded by
197	the elector, must be no more than 30 days before the date the
198	form is received by the supervisor of elections;
199	(f)  The elector must accurately record on the form whether
200	the elector was presented with the form by a petition circulator
201	as defined in s. 100.372;
202	(g)  The elector must accurately record on the form whether
203	the elector signed the form and returned it to a petition
204	circulator as defined in s. 100.372; and
205	(h)  The form must comply with the relevant requirements of
206	s. 100.372.
207	(5)  An elector may submit his or her signed form to the
208	sponsor of the initiative amendment, by mail or otherwise, at an
209	address listed on the form for this purpose.
210	(6)  Each form must contain the following notices at the
211	top of the form in bold type and in a 16-point or larger font,
212	immediately following the title "Constitutional Amendment
213	Petition Form":
214	RIGHT TO MAIL IN.--You have the right to take this petition home
215	and study the issue before signing. If you choose to sign the
216	petition, you may return it to the sponsors of the amendment at
217	the following address:__________________________________.
218	NATURE OF AMENDMENT.--The merits of the proposed change to the
219	Florida Constitution appearing below have not been officially
220	reviewed by any court or agency of state government.
221	(7)  An elector's signature on a petition form may be
222	revoked by submitting to the appropriate supervisor of elections
223	a signed petition-revocation form adopted by rule for this
224	purpose by the division. The petition-revocation form is subject
225	to the same relevant requirements as the corresponding petition
226	form under this code and must be approved by the Secretary of
227	State before any signature is obtained. The petition-revocation
228	form shall be filed with the supervisor of elections no later
229	than the February 1 preceding the next general election or, if
230	the initiative amendment is not certified for ballot position in
231	that election, no later than the February 1 preceding the next
232	successive general election. The supervisor of elections shall
233	promptly verify the signature on the petition-revocation form
234	and process such revocation upon payment, in advance, of a fee
235	of 10 cents or the actual cost of checking such signature,
236	whichever is less.
237	(8)(4)  The sponsor shall submit signed and dated forms to
238	the appropriate supervisor of elections for verification as to
239	the number of registered electors whose valid signatures appear
240	thereon. The supervisor shall promptly verify the signatures
241	upon payment of the fee required by s. 99.097. Upon completion
242	of verification, the supervisor shall execute a certificate
243	indicating the total number of signatures checked, the number of
244	signatures verified as valid and as being of registered
245	electors, the number of signatures validly revoked pursuant to
246	subsection (7), and the distribution of such signatures by
247	congressional district. This certificate shall be immediately
248	transmitted to the Secretary of State. The supervisor shall
249	retain the signed petition signature forms and petition-
250	revocation forms for at least 1 year following the election in
251	which the issue appeared on the ballot or until the Division of
252	Elections notifies the supervisors of elections that the
253	committee which circulated the petition is no longer seeking to
254	obtain ballot position.
255	(9)(5)  The Secretary of State shall determine from the
256	verification certificates received from supervisors of elections
257	the total number of verified valid signatures and the
258	distribution of such signatures by congressional districts. Upon
259	a determination that the requisite number and distribution of
260	valid signatures have been obtained, the secretary shall issue a
261	certificate of ballot position for that proposed amendment and
262	shall assign a designating number pursuant to s. 101.161. A
263	petition shall be deemed to be filed with the Secretary of State
264	upon the date of the receipt by the secretary of a certificate
265	or certificates from supervisors of elections indicating that
266	valid and verified the petition forms have has been signed by
267	the constitutionally required number and distribution of
268	electors pursuant to this code, subject to the right of
269	revocation established in this section.
270	(10)(6)(a)  Within 45 days after receipt of a proposed
271	revision or amendment to the State Constitution by initiative
272	petition from the Secretary of State or, within 30 days after
273	such receipt if receipt occurs 120 days or less before the
274	election at which the question of ratifying the amendment will
275	be presented, the Financial Impact Estimating Conference shall
276	complete an analysis and financial impact statement to be placed
277	on the ballot of the estimated increase or decrease in any
278	revenues or costs to state or local governments resulting from
279	the proposed initiative. The ballot must include a statement, as
280	prescribed by rule of the Department of State, to the effect
281	that the financial impact statement is required under the State
282	Constitution and the Florida Statutes and should not be
283	construed as an endorsement by the state of the proposed
284	revision or amendment to the State Constitution. The Financial
285	Impact Estimating Conference shall submit the financial impact
286	statement to the Attorney General and Secretary of State.
287	(b)1.  The Financial Impact Estimating Conference shall
288	provide an opportunity for any proponents or opponents of the
289	initiative to submit information and may solicit information or
290	analysis from any other entities or agencies, including the
291	Office of Economic and Demographic Research. All meetings of the
292	Financial Impact Estimating Conference shall be open to the
293	public as provided in chapter 286.
294	2.  The Financial Impact Estimating Conference is
295	established to review, analyze, and estimate the financial
296	impact of amendments to or revisions of the State Constitution
297	proposed by initiative. The Financial Impact Estimating
298	Conference shall consist of four principals: one person from the
299	Executive Office of the Governor; the coordinator of the Office
300	of Economic and Demographic Research, or his or her designee;
301	one person from the professional staff of the Senate; and one
302	person from the professional staff of the House of
303	Representatives. Each principal shall have appropriate fiscal
304	expertise in the subject matter of the initiative. A Financial
305	Impact Estimating Conference may be appointed for each
306	initiative.
307	3.  Principals of the Financial Impact Estimating
308	Conference shall reach a consensus or majority concurrence on a
309	clear and unambiguous financial impact statement, no more than
310	75 words in length, and immediately submit the statement to the
311	Attorney General. Nothing in this subsection prohibits the
312	Financial Impact Estimating Conference from setting forth a
313	range of potential impacts in the financial impact statement.
314	Any financial impact statement that a court finds not to be in
315	accordance with this section shall be remanded solely to the
316	Financial Impact Estimating Conference for redrafting. The
317	Financial Impact Estimating Conference shall redraft the
318	financial impact statement within 15 days.
319	4.  If the members of the Financial Impact Estimating
320	Conference are unable to agree on the statement required by this
321	subsection, or if the Supreme Court has rejected the initial
322	submission by the Financial Impact Estimating Conference and no
323	redraft has been approved by the Supreme Court by April 1 of the
324	year in which the general election is to be held 5 p.m. on the
325	75th day before the election, the following statement shall
326	appear on the ballot pursuant to s. 101.161(1): "The financial
327	impact of this measure, if any, cannot be reasonably determined
328	at this time."
329	(c)  The financial impact statement must be separately
330	contained and be set forth after the ballot summary as required
331	in s. 101.161(1).
332	(d)1.  Any financial impact statement that the Supreme
333	Court finds not to be in accordance with this subsection shall
334	be remanded solely to the Financial Impact Estimating Conference
335	for redrafting, provided the court's advisory opinion is
336	rendered by April 1 of the year in which the general election is
337	to be held at least 75 days before the election at which the
338	question of ratifying the amendment will be presented. The
339	Financial Impact Estimating Conference shall prepare and adopt a
340	revised financial impact statement no later than 5 p.m. on the
341	15th day after the date of the court's opinion.
342	2.  If, by 5 p.m. on April 1 of the year in which the
343	general election is to be held the 75th day before the election,
344	the Supreme Court has not issued an advisory opinion on the
345	initial financial impact statement prepared by the Financial
346	Impact Estimating Conference for an initiative amendment that
347	otherwise meets the legal requirements for ballot placement, the
348	financial impact statement shall be deemed approved for
349	placement on the ballot.
350	3.  In addition to the financial impact statement required
351	by this subsection, the Financial Impact Estimating Conference
352	shall draft an initiative financial information statement. The
353	initiative financial information statement should describe in
354	greater detail than the financial impact statement any projected
355	increase or decrease in revenues or costs that the state or
356	local governments would likely experience if the ballot measure
357	were approved. If appropriate, the initiative financial
358	information statement may include both estimated dollar amounts
359	and a description placing the estimated dollar amounts into
360	context. The initiative financial information statement must
361	include both a summary of not more than 500 words and additional
362	detailed information that includes the assumptions that were
363	made to develop the financial impacts, workpapers, and any other
364	information deemed relevant by the Financial Impact Estimating
365	Conference.
366	4.  The Department of State shall have printed, and shall
367	furnish to each supervisor of elections, a copy of the summary
368	from the initiative financial information statements. The
369	supervisors shall have the summary from the initiative financial
370	information statements available at each polling place and at
371	the main office of the supervisor of elections upon request.
372	5.  The Secretary of State and the Office of Economic and
373	Demographic Research shall make available on the Internet each
374	initiative financial information statement in its entirety. In
375	addition, each supervisor of elections whose office has a
376	website shall post the summary from each initiative financial
377	information statement on the website. Each supervisor shall
378	include the Internet addresses for the information statements on
379	the Secretary of State's and the Office of Economic and
380	Demographic Research's websites in the publication or mailing
381	required by s. 101.20.
382	(11)(7)  The Department of State may adopt rules in
383	accordance with s. 120.54 to carry out this section the
384	provisions of subsections (1)-(6).
385	Section 4.  Section 28 of chapter 2005-278, Laws of
386	Florida, is repealed.
387	Section 5.  Effective January 1, 2007, section 100.371,
388	Florida Statutes, as amended by this act, is amended to read:
389	100.371  Initiatives; procedure for placement on ballot.--
390	(1)  Constitutional amendments proposed by initiative shall
391	be placed on the ballot for the general election if an
392	initiative petition is filed with the Secretary of State by
393	February 1 of the year in which the general election is to be
394	held. A petition shall be deemed to be filed with the Secretary
395	of State upon the date that the secretary determines that valid
396	and verified petitions have been signed by the constitutionally
397	required number and distribution of electors pursuant to this
398	code, subject to the right of revocation established in this
399	section.
400	(2)  Certification of ballot position shall be issued when
401	the Secretary of State has received verification certificates
402	from the supervisors of elections indicating that the requisite
403	number and distribution of valid petitions bearing the
404	signatures of electors have been submitted to and verified by
405	the supervisors. Every signature shall be dated by the elector
406	when made. Signatures are valid for a period of 4 years
407	following such date, provided all other requirements of law are
408	satisfied.
409	(2)(3)  The sponsor of an initiative amendment shall, prior
410	to obtaining any signatures, register as a political committee
411	pursuant to s. 106.03 and submit the text of the proposed
412	amendment to the Secretary of State, with the form on which the
413	signatures will be affixed, and shall obtain the approval of the
414	Secretary of State of such form. The division shall adopt rules
415	pursuant to s. 120.54 prescribing the style and requirements of
416	such form. Upon filing with the Secretary of State, the text of
417	the proposed amendment and all forms filed in connection with
418	this section must, upon request, be made available in
419	alternative formats. The contents of a petition form are limited
420	to those items required by statute or rule. A petition form is a
421	political advertisement as defined in s. 106.011 and, as such,
422	must comply with all relevant requirements of chapter 106.
423	(3)(4)  The supervisor of elections shall record the date
424	each petition form is received by the supervisor and the date
425	the signature on the form is verified as valid. The supervisor
426	shall also promptly record these dates in the statewide voter
427	registration system in the manner prescribed by the Secretary of
428	State. The supervisor shall verify that the signature on a
429	petition form is valid only if the form complies with all of the
430	following:
431	(a)  The form must contain the original signature of the
432	purported elector;
433	(b)  The purported elector must accurately record on the
434	form the date on which he or she signed the form;
435	(c)  The form must accurately set forth the purported
436	elector's name, street address, county, and voter registration
437	number or date of birth;
438	(d)  The purported elector must be, at the time he or she
439	signs the form, a duly qualified and registered elector
440	authorized to vote in the county in which his or her signature
441	is submitted;
442	(e)  The date the elector signed the form, as recorded by
443	the elector, must be no more than 30 days before the date the
444	form is received by the supervisor of elections;
445	(f)  The elector must accurately record on the form whether
446	the elector was presented with the form by a petition circulator
447	as defined in s. 100.372;
448	(g)  The elector must accurately record on the form whether
449	the elector signed the form and returned it to a petition
450	circulator as defined in s. 100.372; and
451	(h)  The form must comply with the relevant requirements of
452	s. 100.372.
453	(4)(5)  An elector may submit his or her signed form to the
454	sponsor of the initiative amendment, by mail or otherwise, at an
455	address listed on the form for this purpose.
456	(5)(6)  Each form must contain the following notices at the
457	top of the form in bold type and in a 16-point or larger font,
458	immediately following the title "Constitutional Amendment
459	Petition Form":
460	RIGHT TO MAIL IN.--You have the right to take this petition home
461	and study the issue before signing. If you choose to sign the
462	petition, you may return it to the sponsors of the amendment at
463	the following address:__________________________________.
464	NATURE OF AMENDMENT.--The merits of the proposed change to the
465	Florida Constitution appearing below have not been officially
466	reviewed by any court or agency of state government.
467	(6)(7)  An elector's signature on a petition form may be
468	revoked by submitting to the appropriate supervisor of elections
469	a signed petition-revocation form adopted by rule for this
470	purpose by the division. The petition-revocation form is subject
471	to the same relevant requirements as the corresponding petition
472	form under this code and must be approved by the Secretary of
473	State before any signature is obtained. The petition-revocation
474	form shall be filed with the supervisor of elections no later
475	than the February 1 preceding the next general election or, if
476	the initiative amendment is not certified for ballot position in
477	that election, no later than the February 1 preceding the next
478	successive general election. The supervisor of elections shall
479	promptly verify the signature on the petition-revocation form
480	and process such revocation upon payment, in advance, of a fee
481	of 10 cents or the actual cost of checking such signature,
482	whichever is less.
483	(7)(8)  Each signature shall be dated by the elector when
484	made and shall be valid for a period of 4 years following such
485	date, if all other requirements of law are met. The sponsor
486	shall submit signed and dated forms to the appropriate
487	supervisor of elections for verification as to the number of
488	registered electors whose valid signatures appear thereon. The
489	supervisor shall promptly verify the signatures upon payment of
490	the fee required by s. 99.097. The supervisor shall promptly
491	record each petition verified as valid in the statewide voter
492	registration system in the manner prescribed by the Secretary of
493	State. Upon completion of verification, the supervisor shall
494	execute a certificate indicating the total number of signatures
495	checked, the number of signatures verified as valid and as being
496	of registered electors, the number of signatures validly revoked
497	pursuant to subsection (7), and the distribution of such
498	signatures by congressional district. This certificate shall be
499	immediately transmitted to the Secretary of State. The
500	supervisor shall retain the signed petition forms and petition-
501	revocation forms for at least 1 year following the election in
502	which the issue appeared on the ballot or until the Division of
503	Elections notifies the supervisors of elections that the
504	committee which circulated the petition is no longer seeking to
505	obtain ballot position.
506	(8)(9)  The Secretary of State shall determine from the
507	signatures verified by the verification certificates received
508	from supervisors of elections and recorded in the statewide
509	voter registration system the total number of verified valid
510	signatures and the distribution of such signatures by
511	congressional districts. Upon a determination that the requisite
512	number and distribution of valid signatures have been obtained,
513	the secretary shall issue a certificate of ballot position for
514	that proposed amendment and shall assign a designating number
515	pursuant to s. 101.161. A petition shall be deemed to be filed
516	with the Secretary of State upon the date of the receipt by the
517	secretary of a certificate or certificates from supervisors of
518	elections indicating that valid and verified petition forms have
519	been signed by the constitutionally required number and
520	distribution of electors pursuant to this code, subject to the
521	right of revocation established in this section.
522	(9)(10)(a)  Within 45 days after receipt of a proposed
523	revision or amendment to the State Constitution by initiative
524	petition from the Secretary of State, the Financial Impact
525	Estimating Conference shall complete an analysis and financial
526	impact statement to be placed on the ballot of the estimated
527	increase or decrease in any revenues or costs to state or local
528	governments resulting from the proposed initiative. The ballot
529	must include a statement, as prescribed by rule of the
530	Department of State, to the effect that the financial impact
531	statement is required under the State Constitution and the
532	Florida Statutes and should not be construed as an endorsement
533	by the state of the proposed revision or amendment to the State
534	Constitution. The Financial Impact Estimating Conference shall
535	submit the financial impact statement to the Attorney General
536	and Secretary of State.
537	(b)1.  The Financial Impact Estimating Conference shall
538	provide an opportunity for any proponents or opponents of the
539	initiative to submit information and may solicit information or
540	analysis from any other entities or agencies, including the
541	Office of Economic and Demographic Research. All meetings of the
542	Financial Impact Estimating Conference shall be open to the
543	public as provided in chapter 286.
544	2.  The Financial Impact Estimating Conference is
545	established to review, analyze, and estimate the financial
546	impact of amendments to or revisions of the State Constitution
547	proposed by initiative. The Financial Impact Estimating
548	Conference shall consist of four principals: one person from the
549	Executive Office of the Governor; the coordinator of the Office
550	of Economic and Demographic Research, or his or her designee;
551	one person from the professional staff of the Senate; and one
552	person from the professional staff of the House of
553	Representatives. Each principal shall have appropriate fiscal
554	expertise in the subject matter of the initiative. A Financial
555	Impact Estimating Conference may be appointed for each
556	initiative.
557	3.  Principals of the Financial Impact Estimating
558	Conference shall reach a consensus or majority concurrence on a
559	clear and unambiguous financial impact statement, no more than
560	75 words in length, and immediately submit the statement to the
561	Attorney General. Nothing in this subsection prohibits the
562	Financial Impact Estimating Conference from setting forth a
563	range of potential impacts in the financial impact statement.
564	Any financial impact statement that a court finds not to be in
565	accordance with this section shall be remanded solely to the
566	Financial Impact Estimating Conference for redrafting. The
567	Financial Impact Estimating Conference shall redraft the
568	financial impact statement within 15 days.
569	4.  If the members of the Financial Impact Estimating
570	Conference are unable to agree on the statement required by this
571	subsection, or if the Supreme Court has rejected the initial
572	submission by the Financial Impact Estimating Conference and no
573	redraft has been approved by the Supreme Court by April 1 of the
574	year in which the general election is to be held, the following
575	statement shall appear on the ballot pursuant to s. 101.161(1):
576	"The financial impact of this measure, if any, cannot be
577	reasonably determined at this time."
578	(c)  The financial impact statement must be separately
579	contained and be set forth after the ballot summary as required
580	in s. 101.161(1).
581	(d)1.  Any financial impact statement that the Supreme
582	Court finds not to be in accordance with this subsection shall
583	be remanded solely to the Financial Impact Estimating Conference
584	for redrafting, provided the court's advisory opinion is
585	rendered by April 1 of the year in which the general election is
586	to be held. The Financial Impact Estimating Conference shall
587	prepare and adopt a revised financial impact statement no later
588	than 5 p.m. on the 15th day after the date of the court's
589	opinion.
590	2.  If, by 5 p.m. on April 1 of the year in which the
591	general election is to be held, the Supreme Court has not issued
592	an advisory opinion on the initial financial impact statement
593	prepared by the Financial Impact Estimating Conference for an
594	initiative amendment that otherwise meets the legal requirements
595	for ballot placement, the financial impact statement shall be
596	deemed approved for placement on the ballot.
597	3.  In addition to the financial impact statement required
598	by this subsection, the Financial Impact Estimating Conference
599	shall draft an initiative financial information statement. The
600	initiative financial information statement should describe in
601	greater detail than the financial impact statement any projected
602	increase or decrease in revenues or costs that the state or
603	local governments would likely experience if the ballot measure
604	were approved. If appropriate, the initiative financial
605	information statement may include both estimated dollar amounts
606	and a description placing the estimated dollar amounts into
607	context. The initiative financial information statement must
608	include both a summary of not more than 500 words and additional
609	detailed information that includes the assumptions that were
610	made to develop the financial impacts, workpapers, and any other
611	information deemed relevant by the Financial Impact Estimating
612	Conference.
613	4.  The Department of State shall have printed, and shall
614	furnish to each supervisor of elections, a copy of the summary
615	from the initiative financial information statements. The
616	supervisors shall have the summary from the initiative financial
617	information statements available at each polling place and at
618	the main office of the supervisor of elections upon request.
619	5.  The Secretary of State and the Office of Economic and
620	Demographic Research shall make available on the Internet each
621	initiative financial information statement in its entirety. In
622	addition, each supervisor of elections whose office has a
623	website shall post the summary from each initiative financial
624	information statement on the website. Each supervisor shall
625	include the Internet addresses for the information statements on
626	the Secretary of State's and the Office of Economic and
627	Demographic Research's websites in the publication or mailing
628	required by s. 101.20.
629	(10)(11)  The Department of State may adopt rules in
630	accordance with s. 120.54 to carry out this section.
631	Section 6.  Section 100.372, Florida Statutes, is created
632	to read:
633	100.372  Regulation of initiative petition circulators.--
634	(1)  As used in this section, the term:
635	(a)  "Petition circulator" means any person who, in the
636	context of a direct face-to-face conversation, presents to
637	another person for his or her possible signature a petition form
638	or petition-revocation form regarding ballot placement for an
639	initiative.
640	(b)  "Paid petition circulator" means a petition circulator
641	who receives any compensation as a direct or indirect
642	consequence of the activities described in paragraph (a).
643	(2)  At the time a petition circulator presents to any
644	person for his or her possible signature a petition form or
645	petition-revocation form regarding ballot placement for an
646	initiative, the petition circulator must:
647	(a)  Be at least 18 years of age;
648	(b)  Be eligible to register to vote in this or any other
649	state or territory of the United States; and
650	(c)  Not be a convicted felon who is ineligible to register
651	or vote under s. 97.041(2)(b).
652	(3)  A paid petition circulator shall, when engaged in the
653	activities described in paragraph (1)(a), wear a prominent
654	badge, in a form and manner prescribed by rule by the division,
655	identifying him or her as a "PAID PETITION CIRCULATOR."
656	(4)  In addition to any other practice or action
657	permissible under law, an owner, lessee, or other person
658	lawfully exercising control over private property may:
659	(a)  Prohibit persons from engaging in activity on the
660	property which supports or opposes initiatives;
661	(b)  Permit or prohibit persons from engaging in activity
662	on the property in support of or opposition to a particular
663	initiative; or
664	(c)  Permit persons to engage in activity on the property
665	which supports or opposes initiatives, subject to restrictions
666	with respect to time, place, and manner which are reasonable and
667	uniformly applied.
668	(5)  Before being presented to a possible elector for
669	signature, a petition form or petition-revocation form regarding
670	ballot placement for an initiative must set forth the following
671	information in a format and manner prescribed by rule by the
672	division:
673	(a)  The name of any organization or entity with which the
674	petition circulator is affiliated and on behalf of which the
675	petition circulator is presenting forms to electors for possible
676	signature;
677	(b)  The name of the sponsor of the initiative if different
678	from the entity with which the petition circulator is
679	affiliated;
680	(c)  A statement directing those seeking information about
681	initiative sponsors and their contributors to the Internet
682	address of the appropriate division website; and
683	(d)  A statement disclosing whether the petition circulator
684	is a paid petition circulator, and, if so, the amount or rate of
685	compensation and the name and address of the person or entity
686	paying the compensation to the paid petition circulator.
687	(6)(a)  A paid petition circulator shall attach to each
688	signed petition form, petition-revocation form, or group of such
689	forms obtained by the paid petition circulator a signed and
690	dated declaration under penalty of perjury executed by the paid
691	petition circulator, in a form prescribed by rule by the
692	division. If the declaration pertains to a group of forms, the
693	forms shall be consecutively numbered on their face by the paid
694	petition circulator and the declaration shall refer to the forms
695	by number.
696	(b)  The declaration must include the paid petition
697	circulator's printed name; the street address at which he or she
698	resides, including county; the petition circulator's date of
699	birth; the petition circulator's Florida voter registration
700	number and county of registration, if applicable, or an
701	identification number from a valid government-issued photo
702	identification card along with information identifying the
703	issuer; and the date he or she signed the declaration.
704	(c)  The declaration shall attest that the paid petition
705	circulator has read and understands the laws governing the
706	circulation of petition and petition-revocation forms regarding
707	ballot placement for an initiative; that he or she satisfied the
708	requirements of subsection (2) at the time the attached form or
709	forms were circulated to the listed electors; that he or she
710	circulated the attached form or forms; that to the best of the
711	circulator's knowledge and belief each signature thereon is the
712	signature of the person whose name it purports to be; that to
713	the best of the circulator's knowledge and belief each of the
714	persons signing the form or forms was, at the time of signing, a
715	registered elector; that the circulator has not provided or
716	received, and will not in the future provide or receive,
717	compensation that is based, directly or indirectly, upon the
718	number of signatures obtained on petition or petition-revocation
719	forms; and that he or she has not paid and will not in the
720	future pay, and that he or she believes that no other person has
721	paid and will pay, directly or indirectly, any money or other
722	thing of value to any signer for the purpose of inducing or
723	causing such signer to affix his or her signature to the form.
724	(d)  A signature on a petition form or petition-revocation
725	form regarding ballot placement for an initiative to which a
726	declaration required by this subsection is not attached is
727	invalid, may not be verified by the supervisor of elections, and
728	may not be counted toward the number of valid signatures
729	required for ballot placement.
730	(7)  Each paid petition circulator shall provide to the
731	sponsor of the initiative amendment for which he or she is
732	circulating petitions a copy of a valid and current government-
733	issued photo identification card that accurately indicates the
734	address at which the paid petition circulator resides. The
735	sponsor of the initiative shall maintain the copies of these
736	identification cards in its files and shall make them available
737	for inspection by the division, a supervisor of elections, or
738	any law enforcement agency. If a sponsor fails to maintain such
739	a copy with respect to a particular paid petition circulator,
740	all petitions obtained by that paid petition circulator before
741	the date the sponsor produces the required copy of the
742	identification card are invalid, may not be verified by the
743	supervisor of elections, and may not be counted toward the
744	number of valid signatures required for ballot placement.
745	(8)  A signature on a petition form or petition-revocation
746	form regarding ballot placement for an initiative which does not
747	fully comply with the applicable provisions of this code, or
748	which was obtained in violation of the applicable provisions of
749	this code, is invalid, may not be verified by a supervisor of
750	elections, and may not be counted toward the number of valid
751	signatures required for ballot placement.
752	Section 7.  Subsection (1) of section 101.161, Florida
753	Statutes, is amended to read:
754	101.161  Referenda; ballots.--
755	(1)  Whenever a constitutional amendment or other public
756	measure is submitted to the vote of the people, the substance of
757	such amendment or other public measure shall be printed in clear
758	and unambiguous language on the ballot after the list of
759	candidates, followed by the word "yes" and also by the word
760	"no," and shall be styled in such a manner that a "yes" vote
761	will indicate approval of the proposal and a "no" vote will
762	indicate rejection. The wording of the substance of the
763	amendment or other public measure and the ballot title to appear
764	on the ballot shall be embodied in the joint resolution,
765	constitutional revision commission proposal, constitutional
766	convention proposal, taxation and budget reform commission
767	proposal, or enabling resolution or ordinance. Except for
768	amendments and ballot language proposed by joint resolution, the
769	substance of the amendment or other public measure shall be an
770	explanatory statement, not exceeding 75 words in length, of the
771	chief purpose of the measure. In addition, for every amendment
772	proposed by initiative, the ballot shall include, following the
773	ballot summary, a separate financial impact statement concerning
774	the measure prepared by the Financial Impact Estimating
775	Conference in accordance with s. 100.371(10) s. 100.371(6). The
776	ballot title shall consist of a caption, not exceeding 15 words
777	in length, by which the measure is commonly referred to or
778	spoken of.
779	Section 8.  Section 33 of chapter 2005-278, Laws of
780	Florida, is repealed.
781	Section 9.  Effective January 1, 2007, subsection (1) of
782	section 101.161, Florida Statutes, as amended by this act, is
783	amended to read:
784	101.161  Referenda; ballots.--
785	(1)  Whenever a constitutional amendment or other public
786	measure is submitted to the vote of the people, the substance of
787	such amendment or other public measure shall be printed in clear
788	and unambiguous language on the ballot after the list of
789	candidates, followed by the word "yes" and also by the word
790	"no," and shall be styled in such a manner that a "yes" vote
791	will indicate approval of the proposal and a "no" vote will
792	indicate rejection. The wording of the substance of the
793	amendment or other public measure and the ballot title to appear
794	on the ballot shall be embodied in the joint resolution,
795	constitutional revision commission proposal, constitutional
796	convention proposal, taxation and budget reform commission
797	proposal, or enabling resolution or ordinance. Except for
798	amendments and ballot language proposed by joint resolution, the
799	substance of the amendment or other public measure shall be an
800	explanatory statement, not exceeding 75 words in length, of the
801	chief purpose of the measure. In addition, for every amendment
802	proposed by initiative, the ballot shall include, following the
803	ballot summary, a separate financial impact statement concerning
804	the measure prepared by the Financial Impact Estimating
805	Conference in accordance with s. 100.371(9) s. 100.371(10). The
806	ballot title shall consist of a caption, not exceeding 15 words
807	in length, by which the measure is commonly referred to or
808	spoken of.
809	Section 10.  Section 104.012, Florida Statutes, is amended
810	to read:
811	104.012  Consideration for registration; interference with
812	registration; soliciting registrations for compensation;
813	alteration of registration application; failing to submit
814	registration application.--
815	(1)  Any person who gives anything of value that is
816	redeemable in cash to any person in consideration for his or her
817	becoming a registered voter commits a felony of the third
818	degree, punishable as provided in s. 775.082, s. 775.083, or s.
819	775.084. This section shall not be interpreted, however, to
820	exclude such services as transportation to the place of
821	registration or baby-sitting in connection with the absence of
822	an elector from home for registering.
823	(2)  A person who by bribery, menace, threat, or other
824	corruption, directly or indirectly, influences, deceives, or
825	deters or attempts to influence, deceive, or deter any person in
826	the free exercise of that person's right to register to vote at
827	any time, upon the first conviction, commits a felony of the
828	third degree, punishable as provided in s. 775.082, s. 775.083,
829	or s. 775.084, and, upon any subsequent conviction, commits a
830	felony of the second degree, punishable as provided in s.
831	775.082, s. 775.083, or s. 775.084.
832	(3)  A person may not solicit or pay another person to
833	solicit voter registrations for compensation that is based upon
834	the number of registrations obtained. A person who violates the
835	provisions of this subsection commits a felony of the third
836	degree, punishable as provided in s. 775.082, s. 775.083, or s.
837	775.084.
838	(4)  A person who alters the voter registration application
839	of any other person, without the other person's knowledge and
840	consent, commits a felony of the third degree, punishable as
841	provided in s. 775.082, s. 775.083, or s. 775.084.
842	(5)  Any person who obtains an executed voter registration
843	application from another person and who willfully fails to
844	submit this application to the appropriate supervisor of
845	elections within 10 days commits a felony of the third degree,
846	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
847	Section 11.  Section 104.185, Florida Statutes, is amended
848	to read:
849	104.185  Violations involving petitions; knowingly signing
850	more than once; signing another person's name or a fictitious
851	name.--
852	(1)  A person who knowingly signs a petition or petitions
853	to secure ballot position for a candidate, a minor political
854	party, or an issue more than one time commits a misdemeanor of
855	the first degree, punishable as provided in s. 775.082 or s.
856	775.083, and, upon any subsequent conviction, commits a felony
857	of the third degree, punishable as provided in s. 775.082, s.
858	775.083, or s. 775.084.
859	(2)  A person who signs another person's name or a
860	fictitious name to any petition, or to a petition revocation
861	form, to secure ballot position for a candidate, a minor
862	political party, or an issue commits a misdemeanor of the first
863	degree, punishable as provided in s. 775.082 or s. 775.083, and,
864	upon any subsequent conviction, commits a felony of the third
865	degree, punishable as provided in s. 775.082, s. 775.083, or s.
866	775.084.
867	(3)  A person who willfully swears or affirms falsely to
868	any oath or affirmation, willfully procures another person to
869	swear or affirm falsely to an oath or affirmation, or willfully
870	files a false declaration under s. 120.372(6) or willfully
871	procures another person to do so, in connection with or arising
872	out of the petitioning process, commits a misdemeanor of the
873	first degree, punishable as provided in s. 775.082 or s.
874	775.083, and, upon any subsequent conviction, commits a felony
875	of the third degree, punishable as provided in s. 775.082, s.
876	775.083, or s. 775.084.
877	(4)  A person who willfully submits any false information
878	on a petition or petition-revocation form commits a misdemeanor
879	of the first degree, punishable as provided in s. 775.082 or s.
880	775.083, and, upon any subsequent conviction, commits a felony
881	of the third degree, punishable as provided in s. 775.082, s.
882	775.083, or s. 775.084.
883	(5)  A person who directly or indirectly gives or promises
884	anything of value to any other person to induce that other
885	person to sign a petition or petition-revocation form commits a
886	misdemeanor of the first degree, punishable as provided in s.
887	775.082 or s. 775.083, and, upon any subsequent conviction,
888	commits a felony of the third degree, punishable as provided in
889	s. 775.082, s. 775.083, or s. 775.084.
890	(6)  A person who, by bribery, menace, threat, or other
891	corruption, directly or indirectly influences, deceives, or
892	deters, or attempts to influence, deceive, or deter, any person
893	in the free exercise of that person's right to sign a petition
894	or petition-revocation form, upon the first conviction commits a
895	misdemeanor of the first degree, punishable as provided in s.
896	775.082 or s. 775.083, and, upon any subsequent conviction,
897	commits a felony of the third degree, punishable as provided in
898	s. 775.082, s. 775.083, or s. 775.084.
899	(7)  A person may not provide or receive compensation that
900	is based, directly or indirectly, upon the number of signatures
901	obtained on petition or petition-revocation forms. A person who
902	violates this subsection commits a misdemeanor of the first
903	degree, punishable as provided in s. 775.082 or s. 775.083, and,
904	upon any subsequent conviction, commits a felony of the third
905	degree, punishable as provided in s. 775.082, s. 775.083, or s.
906	775.084.
907	(8)  A person who alters the petition or petition-
908	revocation form signed by any other person without the other
909	person's knowledge and consent commits a misdemeanor of the
910	first degree, punishable as provided in s. 775.082 or s.
911	775.083, and, upon any subsequent conviction, commits a felony
912	of the third degree, punishable as provided in s. 775.082, s.
913	775.083, or s. 775.084.
914	(9)  A person perpetrating, or attempting to perpetrate or
915	aid in the perpetration of, any fraud in connection with
916	obtaining the signature of electors on petition or petition-
917	revocation forms commits a misdemeanor of the first degree,
918	punishable as provided in s. 775.082 or s. 775.083, and, upon
919	any subsequent conviction, commits a felony of the third degree,
920	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
921	(10)  In addition to any other penalty provided for by law,
922	if a paid petition circulator, as defined in s. 100.372(1),
923	violates any provision of this section, the commission may,
924	pursuant to s. 106.265, impose a civil penalty in the form of a
925	fine not to exceed $1,000 per violation on such paid petition
926	circulator.
927	Section 12.  Section 104.42, Florida Statutes, is amended
928	to read:
929	104.42  Unlawful registrations, petitions, petition
930	revocations, Fraudulent registration and illegal voting;
931	investigation.--
932	(1)  The supervisor of elections is authorized to
933	investigate unlawful fraudulent registrations, petitions,
934	petition revocations, and illegal voting and to report his or
935	her findings to the local state attorney, the Department of Law
936	Enforcement, and the Florida Elections Commission.
937	(2)  The board of county commissioners in any county may
938	appropriate funds to the supervisor of elections for the purpose
939	of investigating unlawful fraudulent registrations, petitions,
940	petition revocations, and illegal voting.
941	(3)  The supervisor of elections shall document and report
942	suspected unlawful registrations, petitions, petition
943	revocations, and voting to the Florida Elections Commission
944	within 10 days after acquiring reasonable suspicion concerning
945	the lawfulness of the registrations, petitions, petition
946	revocations, and voting.
947	Section 13.  Any signature gathered on a previously
948	approved initiative petition form that has been submitted for
949	verification before August 1, 2006, may be verified and counted,
950	if otherwise valid. However, any initiative petition form that
951	is submitted for verification on or after that date may be
952	verified and counted only if it complies with this act and has
953	been approved by the Secretary of State before obtaining elector
954	signatures.
955	Section 14.  If any provision of this act or its
956	application to any person or circumstance is held invalid, the
957	invalidity does not affect other provisions or applications of
958	the act which can be given effect without the invalid provision
959	or application, and to this end the provisions of this act are
960	severable.
961	Section 15.  Except as otherwise expressly provided in this
962	act, this act shall take effect August 1, 2006.

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