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A bill to be entitled

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An act relating to the registration of paid petition

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circulators; creating s. 100.372, F.S.; providing

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definitions; requiring paid petition circulators to

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register with the Department of State; prohibiting

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compensation to petition circulators not registered with

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the department as paid petition circulators; providing

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registration qualifications and criteria; requiring a paid

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petition circulator's registration number on petition

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forms; providing for invalidity of certain petition

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signatures; providing for validity of forms submitted

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before a certain date; authorizing the department to adopt

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rules; providing for severability; providing an effective

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date.

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

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     Section 1.  Section 100.372, Florida Statutes, is created to

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read:

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     100.372 Registration of paid petition circulators.--

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     (1) For purposes of this code:

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     (a) "Petition circulator" means any person who, in the

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context of a direct face-to-face interaction, presents to another

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person for his or her possible signature a petition form or

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petition-revocation form regarding ballot placement for an

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initiative.

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     (b) "Paid petition circulator" means a petition circulator

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who receives any compensation as a direct or indirect consequence

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of the activities described in paragraph (a), other than for the

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reimbursement of legitimate out-of-pocket expenses incurred by

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the petition circulator in the ordinary course of these

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activities, as specified by department rule.

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     (c) "Registrant" means a person who is registered with the

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department as a paid petition circulator.

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     (2) A person may not engage in any activities as a paid

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petition circulator in this state without first registering with

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the department. A person or entity may not provide compensation

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as a direct or indirect consequence of the activities described

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in paragraph (1)(a) to a petition circulator who is not

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registered with the department as a paid petition circulator.

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     (3) A person may not be registered as a paid petition

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circulator by the department unless the person is:

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     (a) A citizen of the United States for purposes of s.

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97.041(1)(a)2.;

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     (b) A legal resident of this state for purposes of s.

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97.041(1)(a)3.; and

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     (c) Not a convicted felon ineligible to register to vote or

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vote pursuant to s. 97.041(2)(b).

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     (4) If, at any time, a registrant no longer satisfies one

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or more of the requirements set forth in subsection (3), the

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registrant's registration shall be immediately rendered invalid

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by operation of law, the registrant shall immediately notify the

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department, and the registrant shall immediately halt all

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activities as a paid petition circulator.

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     (5) To register with the department as a paid petition

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circulator, a person shall provide his or her full legal name;

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the street address at which the person legally resides; the

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person's telephone number; the person's date of birth; a copy of

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a valid government-issued photo identification card; the name,

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street address, and telephone number of the person or entity from

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which the person will receive compensation as a direct or

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indirect consequence of the activities described in paragraph

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(1)(a); identification of the petition forms or petition-

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revocation forms that the person will be circulating; and any

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other information required by department rule. As a condition of

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registration, the registrant shall notify the department of any

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change in the information submitted pursuant to this subsection

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within 1 business day after such change.

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     (6) A registrant shall not circulate any petition forms or

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petition-revocation forms as a paid petition circulator until the

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registrant has registered those forms with the department.

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     (7) Every petition form or petition-revocation form

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presented by a paid petition circulator to a person for his or

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her possible signature must contain that paid petition

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circulator's registration number, as issued by the department.

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     (8) A signature on a petition form or petition-revocation

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form regarding ballot placement for an initiative is invalid, may

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not be verified by the supervisor of elections, and may not be

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counted toward the number of valid signatures required for ballot

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placement if such signature was not gathered in full compliance

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with this section.

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     (9) Any signature gathered on a previously approved

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initiative petition form or petition-revocation form that has

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been submitted for verification before August 1, 2008, may be

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verified and counted if otherwise valid. However, any initiative

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petition form or petition-revocation form that is submitted for

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verification on or after August 1, 2008, may be verified and

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counted only if it complies with this section.

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     (10) The Department of State may adopt rules in accordance

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with ss. 120.536(1) and 120.54 to carry out the provisions of

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this section, including the adoption of a registration fee not

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exceeding the amount necessary to cover the department's cost of

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registration and regulation.

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     Section 2. If any provision of this act or its application

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to any person or circumstance is held invalid, the invalidity

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does not affect other provisions or applications of the act which

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can be given effect without the invalid provision or application,

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and to this end the provisions of this act are severable.

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     Section 3.  This act shall take effect August 1, 2008.