HB 903

1
A bill to be entitled
2An act relating to the registration of paid petition
3circulators; creating s. 100.372, F.S.; providing
4definitions; requiring paid petition circulators to
5register with the Department of State; prohibiting
6compensation to petition circulators not registered with
7the department as paid petition circulators; providing
8registration qualifications and criteria; requiring a paid
9petition circulator's registration number on petition
10forms; providing for invalidity of certain petition
11signatures; providing for validity of forms submitted
12before a certain date; authorizing the department to adopt
13rules; providing for severability; providing an effective
14date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 100.372, Florida Statutes, is created
19to read:
20     100.372  Registration of paid petition circulators.--
21     (1)  For purposes of this code:
22     (a)  "Petition circulator" means any person who, in the
23context of a direct face-to-face interaction, presents to
24another person for his or her possible signature a petition form
25or petition-revocation form regarding ballot placement for an
26initiative.
27     (b)  "Paid petition circulator" means a petition circulator
28who receives any compensation as a direct or indirect
29consequence of the activities described in paragraph (a), other
30than for the reimbursement of legitimate out-of-pocket expenses
31incurred by the petition circulator in the ordinary course of
32these activities, as specified by department rule.
33     (c)  "Registrant" means a person who is registered with the
34department as a paid petition circulator.
35     (2)  A person may not engage in any activities as a paid
36petition circulator in this state without first registering with
37the department. A person or entity may not provide compensation
38as a direct or indirect consequence of the activities described
39in paragraph (1)(a) to a petition circulator who is not
40registered with the department as a paid petition circulator.
41     (3)  A person may not be registered as a paid petition
42circulator by the department unless the person is:
43     (a)  A citizen of the United States for purposes of s.
4497.041(1)(a)2.;
45     (b)  A legal resident of this state for purposes of s.
4697.041(1)(a)3.; and
47     (c)  Not a convicted felon ineligible to register to vote
48or vote pursuant to s. 97.041(2)(b).
49     (4)  If, at any time, a registrant no longer satisfies one
50or more of the requirements set forth in subsection (3), the
51registrant's registration shall be immediately rendered invalid
52by operation of law, the registrant shall immediately notify the
53department, and the registrant shall immediately halt all
54activities as a paid petition circulator.
55     (5)  To register with the department as a paid petition
56circulator, a person shall provide his or her full legal name;
57the street address at which the person legally resides; the
58person's telephone number; the person's date of birth; a copy of
59a valid government-issued photo identification card; the name,
60street address, and telephone number of the person or entity
61from which the person will receive compensation as a direct or
62indirect consequence of the activities described in paragraph
63(1)(a); identification of the petition forms or petition-
64revocation forms that the person will be circulating; and any
65other information required by department rule. As a condition of
66registration, the registrant shall notify the department of any
67change in the information submitted pursuant to this subsection
68within 1 business day after such change.
69     (6)  A registrant shall not circulate any petition forms or
70petition-revocation forms as a paid petition circulator until
71the registrant has registered those forms with the department.
72     (7)  Every petition form or petition-revocation form
73presented by a paid petition circulator to a person for his or
74her possible signature must contain that paid petition
75circulator's registration number, as issued by the department.
76     (8)  A signature on a petition form or petition-revocation
77form regarding ballot placement for an initiative is invalid,
78may not be verified by the supervisor of elections, and may not
79be counted toward the number of valid signatures required for
80ballot placement if such signature was not gathered in full
81compliance with this section.
82     (9)  Any signature gathered on a previously approved
83initiative petition form or petition-revocation form that has
84been submitted for verification before August 1, 2008, may be
85verified and counted if otherwise valid. However, any initiative
86petition form or petition-revocation form that is submitted for
87verification on or after August 1, 2008, may be verified and
88counted only if it complies with this section.
89     (10)  The Department of State may adopt rules in accordance
90with ss. 120.536(1) and 120.54 to carry out the provisions of
91this section, including the adoption of a registration fee not
92exceeding the amount necessary to cover the department's cost of
93registration and regulation.
94     Section 2.  If any provision of this act or its application
95to any person or circumstance is held invalid, the invalidity
96does not affect other provisions or applications of the act
97which can be given effect without the invalid provision or
98application, and to this end the provisions of this act are
99severable.
100     Section 3.  This act shall take effect August 1, 2008.


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