1 | A bill to be entitled |
2 | An act relating to the registration of paid petition |
3 | circulators; creating s. 100.372, F.S.; providing |
4 | definitions; requiring paid petition circulators to |
5 | register with the Department of State; prohibiting |
6 | compensation to petition circulators not registered with |
7 | the department as paid petition circulators; providing |
8 | registration qualifications and criteria; requiring a paid |
9 | petition circulator's registration number on petition |
10 | forms; providing for invalidity of certain petition |
11 | signatures; providing for validity of forms submitted |
12 | before a certain date; authorizing the department to adopt |
13 | rules; providing for severability; providing an effective |
14 | date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Section 100.372, Florida Statutes, is created |
19 | to 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 |
23 | context of a direct face-to-face interaction, presents to |
24 | another person for his or her possible signature a petition form |
25 | or petition-revocation form regarding ballot placement for an |
26 | initiative. |
27 | (b) "Paid petition circulator" means a petition circulator |
28 | who receives any compensation as a direct or indirect |
29 | consequence of the activities described in paragraph (a), other |
30 | than for the reimbursement of legitimate out-of-pocket expenses |
31 | incurred by the petition circulator in the ordinary course of |
32 | these activities, as specified by department rule. |
33 | (c) "Registrant" means a person who is registered with the |
34 | department as a paid petition circulator. |
35 | (2) A person may not engage in any activities as a paid |
36 | petition circulator in this state without first registering with |
37 | the department. A person or entity may not provide compensation |
38 | as a direct or indirect consequence of the activities described |
39 | in paragraph (1)(a) to a petition circulator who is not |
40 | registered with the department as a paid petition circulator. |
41 | (3) A person may not be registered as a paid petition |
42 | circulator by the department unless the person is: |
43 | (a) A citizen of the United States for purposes of s. |
44 | 97.041(1)(a)2.; |
45 | (b) A legal resident of this state for purposes of s. |
46 | 97.041(1)(a)3.; and |
47 | (c) Not a convicted felon ineligible to register to vote |
48 | or vote pursuant to s. 97.041(2)(b). |
49 | (4) If, at any time, a registrant no longer satisfies one |
50 | or more of the requirements set forth in subsection (3), the |
51 | registrant's registration shall be immediately rendered invalid |
52 | by operation of law, the registrant shall immediately notify the |
53 | department, and the registrant shall immediately halt all |
54 | activities as a paid petition circulator. |
55 | (5) To register with the department as a paid petition |
56 | circulator, a person shall provide his or her full legal name; |
57 | the street address at which the person legally resides; the |
58 | person's telephone number; the person's date of birth; a copy of |
59 | a valid government-issued photo identification card; the name, |
60 | street address, and telephone number of the person or entity |
61 | from which the person will receive compensation as a direct or |
62 | indirect consequence of the activities described in paragraph |
63 | (1)(a); identification of the petition forms or petition- |
64 | revocation forms that the person will be circulating; and any |
65 | other information required by department rule. As a condition of |
66 | registration, the registrant shall notify the department of any |
67 | change in the information submitted pursuant to this subsection |
68 | within 1 business day after such change. |
69 | (6) A registrant shall not circulate any petition forms or |
70 | petition-revocation forms as a paid petition circulator until |
71 | the registrant has registered those forms with the department. |
72 | (7) Every petition form or petition-revocation form |
73 | presented by a paid petition circulator to a person for his or |
74 | her possible signature must contain that paid petition |
75 | circulator's registration number, as issued by the department. |
76 | (8) A signature on a petition form or petition-revocation |
77 | form regarding ballot placement for an initiative is invalid, |
78 | may not be verified by the supervisor of elections, and may not |
79 | be counted toward the number of valid signatures required for |
80 | ballot placement if such signature was not gathered in full |
81 | compliance with this section. |
82 | (9) Any signature gathered on a previously approved |
83 | initiative petition form or petition-revocation form that has |
84 | been submitted for verification before August 1, 2008, may be |
85 | verified and counted if otherwise valid. However, any initiative |
86 | petition form or petition-revocation form that is submitted for |
87 | verification on or after August 1, 2008, may be verified and |
88 | counted only if it complies with this section. |
89 | (10) The Department of State may adopt rules in accordance |
90 | with ss. 120.536(1) and 120.54 to carry out the provisions of |
91 | this section, including the adoption of a registration fee not |
92 | exceeding the amount necessary to cover the department's cost of |
93 | registration and regulation. |
94 | Section 2. If any provision of this act or its application |
95 | to any person or circumstance is held invalid, the invalidity |
96 | does not affect other provisions or applications of the act |
97 | which can be given effect without the invalid provision or |
98 | application, and to this end the provisions of this act are |
99 | severable. |
100 | Section 3. This act shall take effect August 1, 2008. |