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Senator Posey moved the following amendment:

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     Senate Amendment (with title amendment)

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     Between lines 994 and 995,

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insert:

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     Section 15.  Section 100.372, Florida Statutes, is created

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to read:

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     100.372 Registration of paid petition circulators.--

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     (1) For purposes of this section, the term:

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     (a) "Compensation" means a payment, distribution, loan,

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advance, reimbursement, deposit, salary, fee, retainer, or

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anything of value provided or owed to a petition circulator,

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directly or indirectly, by a person or entity for the activities

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described in paragraph (b).

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     (b) "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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     (c) "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 (b), 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 rule of the Department of State.

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     (d) "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)(b) 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) To register with the department as a paid petition

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circulator, a person must complete a declaration signed under

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penalty of perjury by the paid petition circulator which sets

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forth the petition circulator's full legal name, street address

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at which the petition circulator legally resides, date of birth,

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any other information required by department rule. Such

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declaration shall identify the petitions or petition-revocation

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forms to be circulated by such person. Registration shall also

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include a statement containing the original signature of a

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principle officer of the sponsoring political committee that the

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registrant is authorized to circulate petitions or petition-

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revocation forms on behalf of the sponsor. Upon completion of the

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registration process, the department shall issue to the

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registrant a unique registration number.

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     (4) 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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     (5) A registrant shall promptly send a written statement to

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the department canceling the registration for a petition or

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petition-revocation form upon termination of the registrant's

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petition circulating for that petition or petition-revocation

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form. Notwithstanding this requirement, the department may remove

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the name of a registrant from the list of registered petition

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circulators if the sponsor of a petition or petition-revocation

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form notifies the department that a person is no longer

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authorized to circulate petitions on behalf of that sponsor.

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     (6)(a) Except as provided in subsection (7), a person

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engaged in any activities as a paid petition circulator who fails

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to comply with the rules adopted under this section is subject to

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a fine in the amount of $1,000 per day for each violation.

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     (b) A person or entity providing compensation as a direct

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or indirect consequence of the activities described in paragraph

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(1)(b) to a petition circulator who is not properly registered

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with the department is subject to a fine not to exceed $50,000

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for each petition circulator to whom compensation was provided in

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violation of this section.

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     (c) The fines provided in this section shall be assessed by

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the department and deposited in the Grants and Donations Trust

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Fund of the Department of State.

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     (7) Each registrant shall file a compensation report with

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the department for each calendar quarter during any portion of

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which the registrant was registered to circulate any petition or

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petition-revocation form. The report shall include:

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     (a) The full name, business address, and telephone number

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of the sponsor of each petition or petition-revocation form for

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which the registrant was provided compensation.

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     (b) Total compensation provided or owed to the registrant

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as a direct or indirect consequence of the activities described

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in paragraph (1)(b), reported in one of the following categories:

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$0; $1 to $5,999; $6,000-$11,999; $12,000-$17,999; $18,000-

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$23,999; $24,000-$29,999; $30,000-$35,999; $36,000or more.

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     (8) The compensation reports shall be filed no later than

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45 days after the end of each reporting period. The four

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reporting periods are from January 1 through March 31, April 1

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through June 30, July 1 through September 30, and October 1

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through December 31, respectively. The reports shall be open to

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public inspection. If a report is filed late, the person

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designated to review the timeliness of reports shall immediately

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notify the registrant as to the failure to timely file the report

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and that a fine is being assessed for each late day. The fine

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shall be $50 per day per report for each late day, not to exceed

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$5,000 per report. Upon receipt of the report, the person

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designated to review the timeliness of reports shall determine

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the amount of the fine due based upon when the report is actually

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received by the department. Such fine shall be paid within 30

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days after the date on which the notice of payment due is

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transmitted by the department, unless an appeal is made to the

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department. Moneys collected from the payment of such fines shall

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be deposited into the Grants and Donations Trust Fund of the

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Department of State.

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     (9) The department shall adopt rules in accordance with ss.

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120.536(1) and 120.54 to implement and administer the

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registration and reporting requirements of this section. Such

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rules may provide for the payment of a fee by registrants not to

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

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administering this section. Funds collected from registrants

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shall be deposited in the Grants and Donations Trust Fund of the

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Department of State.

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     (10) Any signature gathered on a previously approved

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initiative petition form or petition-revocation form submitted

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for verification before August 1, 2008, may be verified and

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counted if otherwise valid. However, any initiative petition form

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or petition-revocation form submitted for verification on or

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after August 1, 2008, may be verified and counted only if such

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form complies with this section.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 50, after the semicolon,

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insert:

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

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prohibiting a person from engaging in an activities as

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a paid petition circulator without first registering

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with the Department of State; prohibiting a person or

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entity from providing compensation to a person

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performing certain activities if such person is not

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registered with the department; providing registration

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requirements; requiring that the department issue a

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unique registration number upon completion of the

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registration process; requiring that certain forms

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contain the registration number; requiring that a

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registrant send notice to the department upon

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termination of the registrant's circulation of a form;

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authorizing the department to remove the name of a

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registrant from the list of registered petition

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circulators under certain circumstances; providing

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fines for failure to comply with certain provisions of

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state law or rules related to paid petition

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circulators; providing for fines against persons or

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entities providing compensation to a petition

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circulator who is not registered; requiring that the

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department assess such fines; requiring that moneys

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collected from such fines be deposited into the Grants

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and Donations Trust fund of the department; requiring

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that each registrant file a compensation report with

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the department for each calendar quarter during which

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he or she was registered; requiring that such report

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contain certain information; requiring that such

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reports be filed on or before a specified deadline;

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specifying four reporting periods; providing that such

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reports are open to public inspection; providing

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procedures and fines for untimely filed reports;

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requiring that such fines be paid on or before a

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specified deadline; requiring that moneys collected

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from such fines be deposited into the Grants and

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Donations Trust Fund of the department; requiring that

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the department adopt rules; providing for a

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registration fee; requiring that moneys collected from

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such fees be deposited into the Grants and Donations

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Trust Fund of the department; providing that any

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signature gathered on a previously approved initiative

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petition form or petition-revocation form submitted for

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verification before a specified date may be verified

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and counted if otherwise valid; providing that any

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initiative petition form or petition-revocation form

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submitted for verification on or after such date may be

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verified and counted only if such form complies with

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certain requirements;

4/22/2008  2:03:00 PM     24-08306-08