Senate Bill sb0900e1

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    CS for SB 900                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to initiative petitions;

  3         providing a short title; amending s. 100.371,

  4         F.S.; requiring initiative petition forms to be

  5         signed by the constitutionally required

  6         distribution of electors; prescribing a time

  7         period within which a signed petition form must

  8         be submitted to the supervisor of elections to

  9         be verified as valid; providing procedures for

10         revocation of a signature on a petition form;

11         providing an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  This act may be cited as the "Beatrice T.

16  Posey Truth in Petition Act."

17         Section 2.  Subsections (1) and (3) of section 100.371,

18  Florida Statutes, are amended, present subsection (6) of that

19  section is renumbered as subsection (7) and amended, and a new

20  subsection (6) is added to that section, to read:

21         100.371  Initiatives; procedure for placement on

22  ballot.--

23         (1)  Constitutional amendments proposed by initiative

24  shall be placed on the ballot for the general election,

25  provided the initiative petition has been filed with the

26  Secretary of State no later than February 1 of the year the

27  general election is held. A petition shall be deemed to be

28  filed with the Secretary of State upon the date the secretary

29  determines that valid and verified the petition forms have has

30  been signed by the constitutionally required number and

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    CS for SB 900                                  First Engrossed



 1  distribution of electors under this code, subject to the right

 2  of revocation established in this section.

 3         (3)  Each signature shall be dated by the elector when

 4  made and shall be valid for a period of 4 years following such

 5  date, provided all other requirements of law are met. The

 6  sponsor shall submit signed and dated forms to the appropriate

 7  supervisor of elections for verification as to the number of

 8  registered electors whose valid signatures appear thereon. The

 9  supervisor shall promptly verify the signatures upon payment

10  of the fee required by s. 99.097. The supervisor shall verify

11  that the signature on a form is valid only if the date the

12  elector signed the form, as recorded by the elector, is no

13  more than 30 days before the date the form is received by the

14  supervisor of elections. The supervisor shall promptly record

15  each valid signature in the statewide voter registration

16  system, in the manner prescribed by the Secretary of State,

17  the date each form is received by the supervisor, and the date

18  the signature on the form is verified as valid. The supervisor

19  shall retain the signature forms for at least 1 year following

20  the election in which the issue appeared on the ballot or

21  until the Division of Elections notifies the supervisors of

22  elections that the committee which circulated the petition is

23  no longer seeking to obtain ballot position.

24         (6)  An elector's signature on a petition form may be

25  revoked, within 120 days after the verification of the

26  petition form by the supervisor of elections, by submitting to

27  the appropriate supervisor of elections a signed

28  petition-revocation form adopted by rule for this purpose by

29  the division.

30         (b)  The petition-revocation form and the manner in

31  which signatures are obtained, submitted, and verified shall


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    CS for SB 900                                  First Engrossed



 1  be subject to the same relevant requirements and timeframes as

 2  the corresponding petition form and processes under this code

 3  and shall be approved by the Secretary of State before any

 4  signature on a petition-revocation form is obtained.

 5         (c)  Supervisors of elections shall provide

 6  petition-revocation forms to the public at all main and branch

 7  offices.

 8         (d)  The petition-revocation form shall be filed with

 9  the supervisor of elections by February 1 preceding the next

10  general election or, if the initiative amendment is not

11  certified for ballot position in that election, by February 1

12  preceding the next successive general election. The supervisor

13  of elections shall promptly verify the signature on the

14  petition-revocation form and process such revocation upon

15  payment, in advance, of a fee of 10 cents or the actual cost

16  of verifying such signature, whichever is less. The supervisor

17  shall promptly record each valid and verified

18  petition-revocation form in the statewide voter registration

19  system in the manner prescribed by the Secretary of State.

20         (7)(6)  The Department of State may adopt rules in

21  accordance with s. 120.54 to carry out the provisions of

22  subsections (1)-(6) (1)-(5).

23         Section 3.  This act shall take effect August 1, 2007.

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