CS/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; authorizing adoption of a registration fee to be
14deposited in the Grants and Donations Trust Fund;
15providing for severability; providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 100.372, Florida Statutes, is created
20to read:
21     100.372  Registration of paid petition circulators.--
22     (1)  For purposes of this code:
23     (a)  "Petition circulator" means any person who, in the
24context of a direct face-to-face interaction, presents to
25another person for his or her possible signature a petition form
26or petition-revocation form regarding ballot placement for an
27initiative.
28     (b)  "Paid petition circulator" means a petition circulator
29who receives any compensation as a direct or indirect
30consequence of the activities described in paragraph (a), other
31than for the reimbursement of legitimate out-of-pocket expenses
32incurred by the petition circulator in the ordinary course of
33these activities, as specified by department rule.
34     (c)  "Registrant" means a person who is registered with the
35department as a paid petition circulator.
36     (2)  A person may not engage in any activities as a paid
37petition circulator in this state without first registering with
38the department. A person or entity may not provide compensation
39as a direct or indirect consequence of the activities described
40in paragraph (1)(a) to a petition circulator who is not
41registered with the department as a paid petition circulator.
42     (3)  A person may not be registered as a paid petition
43circulator by the department unless the person is:
44     (a)  A citizen of the United States for purposes of s.
4597.041(1)(a)2.;
46     (b)  A legal resident of this state for purposes of s.
4797.041(1)(a)3.; and
48     (c)  Not a convicted felon ineligible to register to vote
49or vote pursuant to s. 97.041(2)(b).
50     (4)  If, at any time, a registrant no longer satisfies one
51or more of the requirements set forth in subsection (3), the
52registrant's registration shall be immediately rendered invalid
53by operation of law, the registrant shall immediately notify the
54department, and the registrant shall immediately halt all
55activities as a paid petition circulator.
56     (5)  To register with the department as a paid petition
57circulator, a person shall provide his or her full legal name;
58the street address at which the person legally resides; the
59person's telephone number; the person's date of birth; a copy of
60a valid government-issued photo identification card; the name,
61street address, and telephone number of the person or entity
62from which the person will receive compensation as a direct or
63indirect consequence of the activities described in paragraph
64(1)(a); identification of the petition forms or petition-
65revocation forms that the person will be circulating; and any
66other information required by department rule. As a condition of
67registration, the registrant shall notify the department of any
68change in the information submitted pursuant to this subsection
69within 1 business day after such change.
70     (6)  A registrant shall not circulate any petition forms or
71petition-revocation forms as a paid petition circulator until
72the registrant has registered those forms with the department.
73     (7)  Every petition form or petition-revocation form
74presented by a paid petition circulator to a person for his or
75her possible signature must contain that paid petition
76circulator's registration number, as issued by the department.
77     (8)  A signature on a petition form or petition-revocation
78form regarding ballot placement for an initiative is invalid,
79may not be verified by the supervisor of elections, and may not
80be counted toward the number of valid signatures required for
81ballot placement if such signature was not gathered in full
82compliance with this section.
83     (9)  Any signature gathered on a previously approved
84initiative petition form or petition-revocation form that has
85been submitted for verification before August 1, 2008, may be
86verified and counted if otherwise valid. However, any initiative
87petition form or petition-revocation form that is submitted for
88verification on or after August 1, 2008, may be verified and
89counted only if it complies with this section.
90     (10)  The Department of State may adopt rules in accordance
91with ss. 120.536(1) and 120.54 to carry out the provisions of
92this section, including the adoption of a registration fee not
93exceeding the amount necessary to cover the department's cost of
94registration and regulation. Funds collected from registrants
95shall be deposited in the Grants and Donations Trust Fund of the
96Department of State.
97     Section 2.  If any provision of this act or its application
98to any person or circumstance is held invalid, the invalidity
99does not affect other provisions or applications of the act
100which can be given effect without the invalid provision or
101application, and to this end the provisions of this act are
102severable.
103     Section 3.  This act shall take effect August 1, 2008.


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