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Amendment CaShTmL-751982.HTM
    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 900
                        Barcode 751982
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RS              .                    
       04/17/2007 06:00 PM         .                    
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 4  ______________________________________________________________
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11  The Committee on Judiciary (Fasano) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Effective August 1, 2007, subsections (1),
19  (3), and (4) of section 99.097, Florida Statutes, are amended
20  to read:
21         99.097  Verification of signatures on petitions.--
22         (1)  As determined by each supervisor, based upon local
23  conditions, the verifying checking of signatures names on
24  petitions may be based on the most inexpensive and
25  administratively feasible of either of the following methods
26  of verification:
27         (a)  A name-by-name, signature-by-signature check of
28  the number of valid authorized signatures on the petitions; or
29         (b)  A check of a random sample, as provided by the
30  Department of State, of names and signatures on the petitions.
31  The sample must be such that a determination can be made as to
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    11:05 AM   04/12/07                            s0900c-ju11-kof

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 900 Barcode 751982 1 whether or not the required number of valid signatures has 2 have been obtained with a reliability of at least 99.5 3 percent. Rules and guidelines for this method of petition 4 verification shall be promulgated by the Department of State, 5 which may include a requirement that petitions bear an 6 additional number of names and signatures, not to exceed 15 7 percent of the names and valid signatures otherwise required. 8 If the petitions do not meet such criteria, then the use of 9 the verification method described in this paragraph shall not 10 be available to supervisors. 11 12 Notwithstanding subsection (2) or any other provision of law, 13 petitions to secure ballot placement for an initiative and 14 petition revocations directed thereto pursuant to s. 100.371 15 must be verified by the method provided in paragraph (a). 16 (3)(a) A signature name on a petition of a, which name 17 that is not in substantially the same form as a name on the 18 voter registration books, shall be counted as a valid 19 signature if, after comparing the signature on the petition 20 with the signature of the alleged signer as shown on the 21 registration books, the supervisor determines that the person 22 signing the petition and the person who registered to vote are 23 one and the same. In any situation in which this code requires 24 the form of the petition to be prescribed by the division, no 25 signature shall be counted toward the number of signatures 26 required unless it is on a petition form prescribed by the 27 division. 28 (b) If a voter signs a petition and lists an address 29 other than the legal residence where the voter is registered, 30 the supervisor shall treat the signature as if the voter had 31 listed the address where the voter is registered. 2 11:05 AM 04/12/07 s0900c-ju11-kof
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 900 Barcode 751982 1 (4)(a) The supervisor shall be paid in advance the sum 2 of 10 cents for each signature verified checked or the actual 3 cost of verifying checking such signature, whichever is less, 4 by the candidate or, in the case of a petition to have an 5 issue placed on the ballot by initiative, by the initiative 6 sponsor person or organization submitting the petition. 7 However, if a candidate or initiative sponsor, person, or 8 organization seeking to have an issue placed upon the ballot 9 cannot pay such charges without imposing an undue burden on 10 personal resources or upon the resources otherwise available 11 to such candidate or initiative sponsor, person, or 12 organization, such candidate or initiative sponsor, person, or 13 organization shall, upon written certification of such 14 inability given under oath to the supervisor, be entitled to 15 have the signatures verified at no charge. In the event a 16 candidate or initiative sponsor, person, or organization 17 submitting a petition to have an issue placed upon the ballot 18 is entitled to have the signatures verified at no charge, the 19 supervisor of elections of each county in which the signatures 20 are verified at no charge shall submit the total number of 21 such signatures checked in the county to the Chief Financial 22 Officer no later than December 1 of the general election year, 23 and the Chief Financial Officer shall cause such supervisor of 24 elections to be reimbursed from the General Revenue Fund in an 25 amount equal to 10 cents for each signature verified name 26 checked or the actual cost of verifying checking such 27 signatures, whichever is less. In no event shall such 28 reimbursement of costs be deemed or applied as extra 29 compensation for the supervisor. Petitions shall be retained 30 by the supervisors for a period of 1 year following the 31 election for which the petitions were circulated. 3 11:05 AM 04/12/07 s0900c-ju11-kof
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 900 Barcode 751982 1 (b) An initiative sponsor that has filed a 2 certification of undue burden under paragraph (a) may not 3 provide compensation to any paid petition circulator, as 4 defined in s. 100.371, unless the initiative sponsor first 5 pays all supervisors for each signature verified or reimburses 6 the General Revenue Fund for such costs. If an initiative 7 sponsor subject to this paragraph provides compensation to a 8 paid petition circulator before the date the initiative 9 sponsor pays all supervisors for each signature verified or 10 reimburses the General Revenue Fund for such costs, a 11 signature on a petition circulated by the paid petition 12 circulator before that date may not be counted toward the 13 number of valid signatures required for ballot placement until 14 the initiative sponsor pays all supervisors for each signature 15 verified or reimburses the General Revenue Fund for such 16 costs. 17 Section 2. Effective August 1, 2007, section 100.371, 18 Florida Statutes, as amended by section 4 of chapter 2006-119, 19 Laws of Florida, is amended to read: 20 100.371 Initiatives; procedure for placement on 21 ballot; private property rights.-- 22 (1) Constitutional amendments proposed by initiative 23 shall be placed on the ballot for the general election, 24 provided the initiative petition has been filed with the 25 Secretary of State no later than February 1 of the year the 26 general election is held. A petition shall be deemed to be 27 filed with the Secretary of State upon the date the secretary 28 determines that valid and verified the petition forms have has 29 been signed by the constitutionally required number and 30 distribution of electors under this code, subject to the right 31 of revocation established in this section. 4 11:05 AM 04/12/07 s0900c-ju11-kof
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 900 Barcode 751982 1 (2) The sponsor of an initiative amendment shall, 2 prior to obtaining any signatures, register as a political 3 committee pursuant to s. 106.03 and submit the text of the 4 proposed amendment to the Secretary of State, with the form on 5 which the signatures will be affixed, and shall obtain the 6 approval of the Secretary of State of such form. The Secretary 7 of State shall adopt rules pursuant to s. 120.54 prescribing 8 the style and requirements of such form. Upon filing with the 9 Secretary of State, the text of the proposed amendment and all 10 forms filed in connection with this section must, upon 11 request, be made available in alternative formats. 12 (3)(a) Each signature shall be dated when made and 13 shall be valid for a period of 4 years after following such 14 date, provided all other requirements of law are met. The 15 sponsor shall submit signed and dated forms to the appropriate 16 supervisor of elections for verification as to the number of 17 registered electors whose valid signatures appear thereon. The 18 supervisor shall promptly verify the signatures within 30 days 19 after receipt of the petition forms and upon payment of the 20 fee required by s. 99.097. The supervisor shall promptly 21 record each valid signature in the statewide voter 22 registration system, in the manner prescribed by the Secretary 23 of State, the date each form is received by the supervisor and 24 the date the signature on the form is verified as valid. The 25 supervisor shall verify that the signature on a form is valid 26 only if the form complies with the following: 27 1. The form shall contain the original signature of 28 the purported elector. 29 2. The purported elector shall accurately record on 30 the form the date on which he or she signed the form. 31 3. The date the purported elector signed the form, as 5 11:05 AM 04/12/07 s0900c-ju11-kof
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 900 Barcode 751982 1 recorded by the purported elector, shall be no more than 45 2 days before the date the form is received by the supervisor of 3 elections. 4 4. The form shall accurately set forth the purported 5 elector's name, legal residence address, county, and voter 6 registration number or date of birth. 7 5. The purported elector shall be, at the time he or 8 she signs the form, a duly qualified and registered elector 9 authorized to vote in the county in which his or her signature 10 is submitted. 11 (b) The supervisor shall retain the signature forms 12 for at least 1 year after following the election in which the 13 issue appeared on the ballot or until the Division of 14 Elections notifies the supervisors of elections that the 15 committee which circulated the petition is no longer seeking 16 to obtain ballot position. 17 (4) The Secretary of State shall determine from the 18 signatures verified by the supervisors of elections and 19 recorded in the statewide voter registration system the total 20 number of verified valid signatures and the distribution of 21 such signatures by congressional districts. Upon a 22 determination that the requisite number and distribution of 23 valid signatures have been obtained, the secretary shall issue 24 a certificate of ballot position for that proposed amendment 25 and shall assign a designating number pursuant to s. 101.161. 26 (5)(a) Within 45 days after receipt of a proposed 27 revision or amendment to the State Constitution by initiative 28 petition from the Secretary of State, the Financial Impact 29 Estimating Conference shall complete an analysis and financial 30 impact statement to be placed on the ballot of the estimated 31 increase or decrease in any revenues or costs to state or 6 11:05 AM 04/12/07 s0900c-ju11-kof
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 900 Barcode 751982 1 local governments resulting from the proposed initiative. The 2 Financial Impact Estimating Conference shall submit the 3 financial impact statement to the Attorney General and 4 Secretary of State. 5 (b) The Financial Impact Estimating Conference shall 6 provide an opportunity for any proponents or opponents of the 7 initiative to submit information and may solicit information 8 or analysis from any other entities or agencies, including the 9 Office of Economic and Demographic Research. 10 (c) All meetings of the Financial Impact Estimating 11 Conference shall be open to the public. The President of the 12 Senate and the Speaker of the House of Representatives, 13 jointly, shall be the sole judge for the interpretation, 14 implementation, and enforcement of this subsection. 15 1. The Financial Impact Estimating Conference is 16 established to review, analyze, and estimate the financial 17 impact of amendments to or revisions of the State Constitution 18 proposed by initiative. The Financial Impact Estimating 19 Conference shall consist of four principals: one person from 20 the Executive Office of the Governor; the coordinator of the 21 Office of Economic and Demographic Research, or his or her 22 designee; one person from the professional staff of the 23 Senate; and one person from the professional staff of the 24 House of Representatives. Each principal shall have 25 appropriate fiscal expertise in the subject matter of the 26 initiative. A Financial Impact Estimating Conference may be 27 appointed for each initiative. 28 2. Principals of the Financial Impact Estimating 29 Conference shall reach a consensus or majority concurrence on 30 a clear and unambiguous financial impact statement, no more 31 than 75 words in length, and immediately submit the statement 7 11:05 AM 04/12/07 s0900c-ju11-kof
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 900 Barcode 751982 1 to the Attorney General. Nothing in this subsection prohibits 2 the Financial Impact Estimating Conference from setting forth 3 a range of potential impacts in the financial impact 4 statement. Any financial impact statement that a court finds 5 not to be in accordance with this section shall be remanded 6 solely to the Financial Impact Estimating Conference for 7 redrafting. The Financial Impact Estimating Conference shall 8 redraft the financial impact statement within 15 days. 9 3. If the members of the Financial Impact Estimating 10 Conference are unable to agree on the statement required by 11 this subsection, or if the Supreme Court has rejected the 12 initial submission by the Financial Impact Estimating 13 Conference and no redraft has been approved by the Supreme 14 Court by 5 p.m. on the 75th day before the election, the 15 following statement shall appear on the ballot pursuant to s. 16 101.161(1): "The financial impact of this measure, if any, 17 cannot be reasonably determined at this time." 18 (d) The financial impact statement must be separately 19 contained and be set forth after the ballot summary as 20 required in s. 101.161(1). 21 (e)1. Any financial impact statement that the Supreme 22 Court finds not to be in accordance with this subsection shall 23 be remanded solely to the Financial Impact Estimating 24 Conference for redrafting, provided the court's advisory 25 opinion is rendered at least 75 days before the election at 26 which the question of ratifying the amendment will be 27 presented. The Financial Impact Estimating Conference shall 28 prepare and adopt a revised financial impact statement no 29 later than 5 p.m. on the 15th day after the date of the 30 court's opinion. 31 2. If, by 5 p.m. on the 75th day before the election, 8 11:05 AM 04/12/07 s0900c-ju11-kof
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 900 Barcode 751982 1 the Supreme Court has not issued an advisory opinion on the 2 initial financial impact statement prepared by the Financial 3 Impact Estimating Conference for an initiative amendment that 4 otherwise meets the legal requirements for ballot placement, 5 the financial impact statement shall be deemed approved for 6 placement on the ballot. 7 3. In addition to the financial impact statement 8 required by this subsection, the Financial Impact Estimating 9 Conference shall draft an initiative financial information 10 statement. The initiative financial information statement 11 should describe in greater detail than the financial impact 12 statement any projected increase or decrease in revenues or 13 costs that the state or local governments would likely 14 experience if the ballot measure were approved. If 15 appropriate, the initiative financial information statement 16 may include both estimated dollar amounts and a description 17 placing the estimated dollar amounts into context. The 18 initiative financial information statement must include both a 19 summary of not more than 500 words and additional detailed 20 information that includes the assumptions that were made to 21 develop the financial impacts, workpapers, and any other 22 information deemed relevant by the Financial Impact Estimating 23 Conference. 24 4. The Department of State shall have printed, and 25 shall furnish to each supervisor of elections, a copy of the 26 summary from the initiative financial information statements. 27 The supervisors shall have the summary from the initiative 28 financial information statements available at each polling 29 place and at the main office of the supervisor of elections 30 upon request. 31 5. The Secretary of State and the Office of Economic 9 11:05 AM 04/12/07 s0900c-ju11-kof
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 900 Barcode 751982 1 and Demographic Research shall make available on the Internet 2 each initiative financial information statement in its 3 entirety. In addition, each supervisor of elections whose 4 office has a website shall post the summary from each 5 initiative financial information statement on the website. 6 Each supervisor shall include the Internet addresses for the 7 information statements on the Secretary of State's and the 8 Office of Economic and Demographic Research's websites in the 9 publication or mailing required by s. 101.20. 10 (6)(a) An elector's signature on a petition form may 11 be revoked by submitting to the appropriate supervisor of 12 elections a signed petition-revocation form adopted by rule 13 for this purpose by the division. 14 (b) The petition-revocation form and the manner in 15 which signatures are obtained, submitted, and verified shall 16 be subject to the same relevant requirements and timeframes as 17 the corresponding petition form and processes under this code 18 and shall be approved by the Secretary of State before any 19 signature on a petition-revocation form is obtained. 20 (c) Supervisors of elections shall provide 21 petition-revocation forms to the public at all main and branch 22 offices. 23 (d) The petition-revocation form shall be filed with 24 the supervisor of elections by February 1 preceding the next 25 general election or, if the initiative amendment is not 26 certified for ballot position in that election, by February 1 27 preceding the next successive general election. The supervisor 28 of elections shall promptly verify the signature on the 29 petition-revocation form and process such revocation upon 30 payment, in advance, of a fee of 10 cents or the actual cost 31 of verifying such signature, whichever is less. The supervisor 10 11:05 AM 04/12/07 s0900c-ju11-kof
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 900 Barcode 751982 1 shall promptly record each valid and verified 2 petition-revocation form in the statewide voter registration 3 system in the manner prescribed by the Secretary of State. 4 (7)(a) If a person is presented with a petition form 5 or petition-revocation form for his or her possible signature 6 by a petition circulator, the person shall record this fact on 7 the form and the name and address of the petition circulator 8 shall legibly appear on the form before the signature on the 9 form may be verified by the supervisor. For purposes of this 10 subsection, the term "petition circulator" means any person 11 who, in the context of a direct face-to-face conversation, 12 presents to another person for his or her possible signature a 13 petition form or petition-revocation form regarding ballot 14 placement for an initiative. 15 (b) A paid petition circulator shall, when engaged in 16 the activities of a petition circulator described in paragraph 17 (a), wear a prominent badge, in a form and manner prescribed 18 by rule by the division, identifying him or her as a paid 19 petition circulator. For purposes of this subsection, the term 20 "paid petition circulator" means a petition circulator who 21 receives any compensation as a direct or indirect consequence 22 of the activities of a petition circulator described in 23 paragraph (a). 24 (c) A petition circulator may not receive, and a 25 person may not provide to a petition circulator, compensation 26 that is based, directly or indirectly, upon the number of 27 signatures obtained on petition or petition-revocation forms. 28 (8) A signed petition form or petition-revocation form 29 regarding ballot placement for an initiative that does not 30 fully comply with the applicable provisions of this code or 31 the rules adopted under this code, or that was obtained in 11 11:05 AM 04/12/07 s0900c-ju11-kof
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 900 Barcode 751982 1 violation of the applicable provisions of this code or the 2 rules adopted under this code, may be verified by the 3 supervisor of elections and counted toward the number of valid 4 signatures required for ballot placement only if those 5 deficiencies or violations are corrected before the date 6 specified in subsection (1). 7 (9) No provision of this code shall be deemed to 8 prohibit a private person exercising lawful control over 9 privately owned property, including property held open to the 10 public for the purposes of a commercial enterprise, from 11 excluding from such property persons seeking to engage in 12 activity supporting or opposing initiative amendments. 13 (10)(6) The Department of State may adopt rules in 14 accordance with s. 120.54 to carry out the provisions of 15 subsections (1)-(9) (1)-(5). 16 Section 3. Any signature gathered on a previously 17 approved initiative petition form that has been submitted for 18 verification before August 1, 2007, may be verified and 19 counted, if otherwise valid. However, any initiative petition 20 form that is submitted for verification on or after that date 21 may be verified and counted only if it complies with this act 22 and has been approved by the Secretary of State before 23 obtaining elector signatures. 24 Section 4. If any provision of this act or its 25 application to any person or circumstance is held invalid, the 26 invalidity does not affect other provisions or applications of 27 the act which can be given effect without the invalid 28 provision or application, and to this end the provisions of 29 this act are severable. 30 Section 5. Except as otherwise expressly provided in 31 this act, this act shall take effect upon becoming a law. 12 11:05 AM 04/12/07 s0900c-ju11-kof
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 900 Barcode 751982 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to petition procedures and 8 standards; amending s. 99.097; revising 9 terminology relating to verification of 10 signatures on petitions; requiring 11 name-by-name, signature-by-signature 12 verification of initiative petitions and 13 related petition revocations; providing 14 requirements for initiative sponsors filing a 15 certificate of undue burden; amending s. 16 100.371, F.S.; revising procedures for placing 17 an initiative on the ballot; providing 18 requirements for information to be contained in 19 petition forms; providing procedure for 20 revocation of a petition signature; providing 21 regulation of initiative petition circulators; 22 providing private property rights relating to 23 activity on the property that supports or 24 opposes ballot initiatives; providing for 25 verification of signatures gathered before the 26 effective date of the changes made by this act 27 to ss. 99.097 and 100.371, F.S.; providing for 28 severability; providing an effective date. 29 30 31 13 11:05 AM 04/12/07 s0900c-ju11-kof
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