CS/HB 497

1	A bill to be entitled
2	An act relating to paid petition circulators; creating s.
3	100.372, F.S.; providing definitions; requiring
4	registration of paid petition circulators and prohibiting
5	the payment of compensation to those not properly
6	registered; establishing registration and training
7	requirements for paid petition circulators; providing
8	application requirements; requiring the submission of a
9	signed affirmation by an initiative sponsor to the
10	supervisor of elections verifying compliance of initiative
11	petition forms; requiring the Department of State to adopt
12	rules prescribing the affirmation form; requiring
13	possession of evidence of registration; requiring
14	registration numbers to appear on certain forms; providing
15	circumstances under which initiative petitions shall be
16	rejected; prescribing procedures for the signing of
17	replacement initiative petitions when a signature is
18	invalidated; providing circumstances under which a
19	registration becomes invalid; requiring the department to
20	create a training program; requiring the department to
21	adopt rules; providing for a registration fee; providing
22	for disposition of funds; providing for counting and
23	verification of signatures appearing on certain forms
24	submitted before and after a specified date; providing
25	severability; providing an effective date.
26
27	WHEREAS, the Legislature determines that the protection of
28	the personal information and identities of Florida residents
29	signing initiative petition forms in this state is a compelling
30	and important state interest, and
31	WHEREAS, as a result of actions by various groups and
32	individuals before the 2008 elections, the Legislature
33	determines that it is necessary to take measures to ensure the
34	integrity of the system of collecting and verifying petition
35	signatures, and
36	WHEREAS, in order to ensure an open, fair, and accountable
37	process for obtaining signatures on initiative petition forms,
38	to protect the personal information and identities of Florida
39	residents, and to restore public confidence in the process of
40	participatory democracy, it is necessary that this state impose
41	reasonable and necessary regulations on the actions of
42	individuals and groups seeking to engage in initiative petition-
43	gathering activities, NOW, THEREFORE,
44
45	Be It Enacted by the Legislature of the State of Florida:
46
47	Section 1.  Section 100.372, Florida Statutes, is created
48	to read:
49	100.372  Paid petition circulators.--
50	(1)  DEFINITIONS.--For purposes of this section:
51	(a)  "Department" means the Department of State.
52	(b)  "Initiative sponsor" means the political committee
53	registered pursuant to s. 106.03 that has submitted the text of
54	a proposed amendment to the Secretary of State.
55	(c)  "Paid petition circulator" means a petition circulator
56	who receives compensation or other valuable consideration as a
57	direct or indirect consequence of the activities described in
58	paragraph (d), other than for the reimbursement of legitimate
59	out-of-pocket expenses incurred by the petition circulator in
60	the ordinary course of these activities, as specified by rule of
61	the department.
62	(d)  "Petition circulator" means a person who, in the
63	context of a direct, face-to-face interaction, presents to
64	another person for his or her possible signature an initiative
65	petition form.
66	(e)  "Registrant" means a person who is registered with the
67	department as a paid petition circulator.
68	(2)  PROHIBITION ON UNREGISTERED PAID PETITION
69	CIRCULATING.--A person may not engage in any activities as a
70	paid petition circulator in this state without first registering
71	with the department. A person or entity may not provide
72	compensation or other valuable consideration as a direct or
73	indirect consequence of the activities described in paragraph
74	(1)(d) to a petition circulator who is not registered with the
75	department as a paid petition circulator.
76	(3)  REGISTRATION FOR PAID PETITION CIRCULATORS;
77	REQUIREMENTS.--
78	(a)  A person may not engage in activities as a paid
79	petition circulator unless the person:
80	1.  Has registered with the department;
81	2.  Certifies under penalty of perjury that he or she has
82	not been convicted of a criminal offense in this state or any
83	other state or under federal law involving fraud, deceit,
84	forgery, perjury, or identity theft within the 5 years preceding
85	the date of the application; and
86	3.  Does not receive compensation based upon the number of
87	initiative petition signatures obtained.
88	(b)  A person may apply to the department for the
89	registration required under paragraph (a). The application must
90	include:
91	1.  The full name and any assumed name of the applicant.
92	2.  The residential street address of the applicant.
93	3.  The signature of the applicant.
94	4.  Identification of the initiative petitions that the
95	applicant will be circulating.
96	5.  The name, street address, and telephone number of the
97	person or entity from which the applicant will receive
98	compensation as a direct or indirect consequence of the
99	activities described in paragraph (1)(d).
100	6.  A statement signed by the applicant acknowledging that
101	the applicant has read and understands state and federal law
102	applicable to the gathering of signatures on initiative petition
103	forms, as the law is summarized in the training program
104	established by the department.
105	7.  Evidence indicating that the applicant has completed
106	the training program set forth in subsection (6).
107	8.  Three 2-inch by 2-inch passport-style photographs of
108	the applicant.
109	9.  Such other information as the department deems
110	necessary for the effective administration of the registration
111	program.
112	(c)  If an applicant meets the requirements of paragraph
113	(a), the department shall register the applicant and assign the
114	registrant a registration number no later than 2 business days
115	after the date on which the completed application is received.
116	As a condition of registration, the registrant must notify the
117	department in writing of any change in the information submitted
118	pursuant to this subsection within 5 business days after such
119	change.
120	(4)  AFFIRMATION AND EVIDENCE OF REGISTRATION REQUIRED;
121	EFFECTS OF NONCOMPLIANCE.--
122	(a)  A signed, written affirmation from an authorized
123	representative of the initiative sponsor must accompany any
124	initiative petition forms submitted for verification to a
125	supervisor of elections if the forms were collected by a paid
126	petition circulator. The affirmation must attest that the
127	initiative petition forms were collected in compliance with the
128	requirements of this section. The department shall adopt rules
129	prescribing the form for such affirmation. The form shall
130	identify the potential criminal and civil penalties for
131	submitting a false affirmation.
132	(b)  A registrant must carry evidence of registration on
133	his or her person while he or she is obtaining signatures for an
134	initiative petition and must produce such evidence of
135	registration upon request by any law enforcement officer. The
136	evidence of registration shall include the registrant's
137	photograph and registration number. The department shall
138	designate by rule the form of the evidence of registration.
139	(c)  Every initiative petition form presented by a
140	registrant to a person for his or her possible signature must
141	contain the registrant's registration number as issued by the
142	department.
143	(d)  If a signature on a petition form regarding ballot
144	placement for an initiative is not gathered in full compliance
145	with this section, the signature is invalid and may not be
146	verified and counted by the supervisor of elections. If a
147	signature is invalidated under this section, the supervisor of
148	elections shall return, at the expense of the initiative
149	sponsor, the invalid initiative petition form to the initiative
150	sponsor within 30 days after invalidation. The initiative
151	sponsor shall, within 30 days after receipt of an invalid
152	initiative petition form from a supervisor of elections, provide
153	written notice to an elector whose signature was invalidated.
154	This notice must inform the elector that his or her signature on
155	the initiative petition form was invalidated due to the failure
156	of the paid petition circulator who obtained the elector's
157	signature on the initiative petition form to comply with the
158	laws of this state and must provide the elector the opportunity
159	to sign a replacement initiative petition form for that
160	initiative petition. An elector whose signature on an initiative
161	petition form is invalidated under this section and who signs a
162	replacement initiative petition form for that initiative
163	petition is not subject to s. 104.185(1) for purposes of this
164	paragraph. An initiative petition form submitted to a supervisor
165	of elections under the conditions set forth in this paragraph is
166	subject to s. 100.371.
167	(5)  INVALID REGISTRATION.--If, at any time, a registered
168	paid petition circulator no longer satisfies one or more of the
169	requirements set forth in this section, the registration is
170	immediately rendered invalid by operation of law and the
171	registrant shall cease all activities as a paid petition
172	circulator. The person shall also notify the department in
173	writing of his or her failure to meet one or more of the
174	requirements set forth in this section within 5 business days.
175	(6)  TRAINING OF PAID PETITION CIRCULATORS.--The department
176	shall create a training program to provide applicants with an
177	overview and explanation of the state and federal laws governing
178	the gathering of initiative petitions in this state, including,
179	but not limited to, all relevant statutes, rules, and court
180	rulings. The department may conduct training programs through a
181	secure website and may contract with a third-party vendor for
182	the administration of the training program.
183	(7)  RULEMAKING.--The Department of State shall adopt rules
184	pursuant to ss. 120.536(1) and 120.54 to administer this
185	section, including the adoption of a registration fee necessary
186	to cover the department's cost of registration, training, and
187	regulation. Funds collected from registrants shall be deposited
188	in the Grants and Donations Trust Fund of the Department of
189	State.
190	Section 2.  Any signature gathered on a previously approved
191	initiative petition form that has been submitted for
192	verification before October 1, 2009, may be verified and counted
193	if otherwise valid. However, any signature gathered on an
194	initiative petition form that is submitted for verification on
195	or after that date may be verified and counted only if such form
196	complies with this act.
197	Section 3.  If any provision of this act or its application
198	to any person or circumstance is held invalid, the invalidity
199	does not affect other provisions or applications of the act
200	which can be given effect without the invalid provision or
201	application, and to this end the provisions of this act are
202	severable.
203	Section 4.  This act shall take effect July 1, 2009.

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