Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS for CS for SB 866
435716
Senate
Floor: WD/2R
4/23/2008 11:45 AM
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House
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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
CODING: Words stricken are deletions; words underlined are additions.