October 23, 2019
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501657
  Amendment
Bill No. 0900
Amendment No. 501657
CHAMBER ACTION
Senate House
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1Representative(s) Pickens offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Effective August 1, 2007, subsections (1), (3),
6and (4) of section 99.097, Florida Statutes, are amended to
7read:
8     99.097  Verification of signatures on petitions.--
9     (1)  As determined by each supervisor, based upon local
10conditions, the verifying checking of signatures names on
11petitions may be based on the most inexpensive and
12administratively feasible of either of the following methods of
13verification:
14     (a)  A name-by-name, signature-by-signature check of the
15number of valid authorized signatures on the petitions; or
16     (b)  A check of a random sample, as provided by the
17Department of State, of names and signatures on the petitions.
18The sample must be such that a determination can be made as to
19whether or not the required number of valid signatures has have
20been obtained with a reliability of at least 99.5 percent. Rules
21and guidelines for this method of petition verification shall be
22promulgated by the Department of State, which may include a
23requirement that petitions bear an additional number of names
24and signatures, not to exceed 15 percent of the names and valid
25signatures otherwise required. If the petitions do not meet such
26criteria, then the use of the verification method described in
27this paragraph shall not be available to supervisors.
28
29Notwithstanding subsection (2) or any other provision of law,
30petitions to secure ballot placement for an initiative and
31petition revocations directed thereto pursuant to s. 100.371
32must be verified by the method provided in paragraph (a).
33     (3)(a)  A signature name on a petition of a, which name
34that is not in substantially the same form as a name on the
35voter registration books, shall be counted as a valid signature
36if, after comparing the signature on the petition with the
37signature of the alleged signer as shown on the registration
38books, the supervisor determines that the person signing the
39petition and the person who registered to vote are one and the
40same. In any situation in which this code requires the form of
41the petition to be prescribed by the division, no signature
42shall be counted toward the number of signatures required unless
43it is on a petition form prescribed by the division.
44     (b)  If a voter signs a petition and lists an address other
45than the legal residence where the voter is registered, the
46supervisor shall treat the signature as if the voter had listed
47the address where the voter is registered.
48     (4)(a)  The supervisor shall be paid in advance the sum of
4910 cents for each signature verified checked or the actual cost
50of verifying checking such signature, whichever is less, by the
51candidate or, in the case of a petition to have an issue placed
52on the ballot by initiative, by the initiative sponsor person or
53organization submitting the petition. However, if a candidate or
54initiative sponsor, person, or organization seeking to have an
55issue placed upon the ballot cannot pay such charges without
56imposing an undue burden on personal resources or upon the
57resources otherwise available to such candidate or initiative
58sponsor, person, or organization, such candidate or initiative
59sponsor, person, or organization shall, upon written
60certification of such inability given under oath to the
61supervisor, be entitled to have the signatures verified at no
62charge. In the event a candidate or initiative sponsor, person,
63or organization submitting a petition to have an issue placed
64upon the ballot is entitled to have the signatures verified at
65no charge, the supervisor of elections of each county in which
66the signatures are verified at no charge shall submit the total
67number of such signatures checked in the county to the Chief
68Financial Officer no later than December 1 of the general
69election year, and the Chief Financial Officer shall cause such
70supervisor of elections to be reimbursed from the General
71Revenue Fund in an amount equal to 10 cents for each signature
72verified name checked or the actual cost of verifying checking
73such signatures, whichever is less. In no event shall such
74reimbursement of costs be deemed or applied as extra
75compensation for the supervisor. Petitions shall be retained by
76the supervisors for a period of 1 year following the election
77for which the petitions were circulated.
78     (b)  An initiative sponsor that has filed a certification
79of undue burden under paragraph (a) may not provide compensation
80to any paid petition circulator, as defined in s. 100.371,
81unless the initiative sponsor first pays all supervisors for
82each signature verified or reimburses the General Revenue Fund
83for such costs. If an initiative sponsor subject to this
84paragraph provides compensation to a paid petition circulator
85before the date the initiative sponsor pays all supervisors for
86each signature verified or reimburses the General Revenue Fund
87for such costs, no signature on a petition circulated by the
88paid petition circulator before that date may be counted toward
89the number of valid signatures required for ballot placement
90until the initiative sponsor pays all supervisors for each
91signature verified or reimburses the General Revenue Fund for
92such costs.
93     Section 2.  Effective August 1, 2007, subsections (1) and
94(3) of section 100.371, Florida Statutes, are amended,
95subsection (6) is renumbered as subsection (10) and amended, and
96new subsections (6) through (9) are added to that section, to
97read:
98     100.371  Initiatives; procedure for placement on ballot;
99private property rights.--
100     (1)  Constitutional amendments proposed by initiative shall
101be placed on the ballot for the general election, provided the
102initiative petition has been filed with the Secretary of State
103no later than February 1 of the year the general election is
104held. A petition shall be deemed to be filed with the Secretary
105of State upon the date the secretary determines that valid and
106verified the petition forms have has been signed by the
107constitutionally required number and distribution of electors
108pursuant to this code, subject to the right of revocation
109established in this section.
110     (3)(a)  Each signature shall be dated when made and shall
111be valid for a period of 4 years after following such date,
112provided all other requirements of law are met. The sponsor
113shall submit signed and dated forms to the appropriate
114supervisor of elections for verification as to the number of
115registered electors whose valid signatures appear thereon. The
116supervisor shall promptly verify the signatures within 30 days
117after receipt of the petition forms and upon payment of the fee
118required by s. 99.097. The supervisor shall promptly record each
119valid signature in the statewide voter registration system, in
120the manner prescribed by the Secretary of State, the date each
121form is received by the supervisor and the date the signature on
122the form is verified as valid. The supervisor shall verify that
123the signature on a form is valid only if the form complies with
124the following:
125     1.  The form shall contain the original signature of the
126purported elector.
127     2.  The purported elector shall accurately record on the
128form the date on which he or she signed the form.
129     3.  The date the purported elector signed the form, as
130recorded by the purported elector, shall be no more than 30 days
131before the date the form is received by the supervisor of
132elections.
133     4.  The form shall accurately set forth the purported
134elector's name, legal residence address, county, and voter
135registration number or date of birth.
136     5.  The purported elector shall be, at the time he or she
137signs the form, a duly qualified and registered elector
138authorized to vote in the county in which his or her signature
139is submitted.
140     (b)  The supervisor shall retain the signature forms for at
141least 1 year after following the election in which the issue
142appeared on the ballot or until the Division of Elections
143notifies the supervisors of elections that the committee which
144circulated the petition is no longer seeking to obtain ballot
145position.
146     (6)(a)  An elector's signature on a petition form may be
147revoked by submitting to the appropriate supervisor of elections
148a signed petition-revocation form adopted by rule for this
149purpose by the division.
150     (b)  The petition-revocation form and the manner in which
151signatures are obtained, submitted, and verified shall be
152subject to the same relevant requirements and timeframes as the
153corresponding petition form and processes under this code and
154shall be approved by the Secretary of State before any signature
155on a petition-revocation form is obtained.
156     (c)  Supervisors of elections shall provide petition-
157revocation forms to the public at all main and branch offices.
158     (d)  The petition-revocation form shall be filed with the
159supervisor of elections by February 1 preceding the next general
160election or, if the initiative amendment is not certified for
161ballot position in that election, by February 1 preceding the
162next successive general election. The supervisor of elections
163shall promptly verify the signature on the petition-revocation
164form and process such revocation upon payment, in advance, of a
165fee of 10 cents or the actual cost of verifying such signature,
166whichever is less. The supervisor shall promptly record each
167valid and verified petition-revocation form in the statewide
168voter registration system in the manner prescribed by the
169Secretary of State.
170     (7)(a)  If a person is presented with a petition form or
171petition-revocation form for his or her possible signature by a
172petition circulator, the person shall record this fact on the
173form and the name and address of the petition circulator shall
174legibly appear on the form before the signature on the form may
175be verified by the supervisor. For purposes of this subsection,
176the term "petition circulator" means any person who, in the
177context of a direct face-to-face conversation, presents to
178another person for his or her possible signature a petition form
179or petition-revocation form regarding ballot placement for an
180initiative.
181     (b)  A paid petition circulator shall, when engaged in the
182activities of a petition circulator described in paragraph (a),
183wear a prominent badge, in a form and manner prescribed by rule
184by the division, identifying him or her as a paid petition
185circulator. For purposes of this subsection, the term "paid
186petition circulator" means a petition circulator who receives
187any compensation as a direct or indirect consequence of the
188activities of a petition circulator described in paragraph (a).
189     (c)  No petition circulator may receive, and no person may
190provide to a petition circulator, compensation that is based,
191directly or indirectly, upon the number of signatures obtained
192on petition or petition-revocation forms.
193     (8)  A signed petition form or petition-revocation form
194regarding ballot placement for an initiative that does not fully
195comply with the applicable provisions of this code or the rules
196adopted under this code, or that was obtained in violation of
197the applicable provisions of this code or the rules adopted
198under this code, may be verified by the supervisor of elections
199and counted toward the number of valid signatures required for
200ballot placement only if those deficiencies or violations are
201corrected prior to the date specified in subsection (1).
202     (9)  No provision of this code shall be deemed to prohibit
203a private person exercising lawful control over privately owned
204property, including property held open to the public for the
205purposes of a commercial enterprise, from excluding from such
206property persons seeking to engage in activity supporting or
207opposing initiative amendments.
208     (10)(6)  The Department of State may adopt rules in
209accordance with s. 120.54 to carry out the provisions of
210subsections (1)-(9) (1)-(5).
211     Section 3.  Any signature gathered on a previously approved
212initiative petition form that has been submitted for
213verification before August 1, 2007, may be verified and counted,
214if otherwise valid. However, any initiative petition form that
215is submitted for verification on or after that date may be
216verified and counted only if it complies with this act and has
217been approved by the Secretary of State before obtaining elector
218signatures.
219     Section 4.  If any provision of this act or its application
220to any person or circumstance is held invalid, the invalidity
221does not affect other provisions or applications of the act that
222can be given effect without the invalid provision or
223application, and to this end the provisions of this act are
224severable.
225     Section 5.  Except as otherwise expressly provided in this
226act, this act shall take effect upon becoming a law.
227
228
229======= T I T L E  A M E N D M E N T ==========
230     Remove the entire title and insert:
231
A bill to be entitled
232An act relating to petition procedures and standards;
233amending s. 99.097; revising terminology relating to
234verification of signatures on petitions; requiring name-
235by-name, signature-by-signature verification of initiative
236petitions and related petition revocations; providing
237requirements for initiative sponsors filing a certificate
238of undue burden; amending s. 100.371, F.S.; revising
239procedures for placing an initiative on the ballot;
240providing requirements for information to be contained in
241petition forms; providing procedure for revocation of a
242petition signature; providing regulation of initiative
243petition circulators; providing private property rights
244relating to activity on the property that supports or
245opposes ballot initiatives; providing for verification of
246signatures gathered before the effective date of the
247changes made by this act to ss. 99.097 and 100.371, F.S.;
248providing for severability; providing an effective date.


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