Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 7016
Ì120382ÅÎ120382
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/09/2025 .
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The Committee on Fiscal Policy (Gaetz and Grall) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. (1) The Legislature finds that the power to
6 propose an amendment to the State Constitution is reserved to
7 the people of Florida consistent with s. 3, Article XI of the
8 State Constitution. Evidence of fraud related to the process of
9 gathering signatures on petitions for constitutional amendments
10 compels the Legislature to act to protect the integrity of the
11 ballot, ensure a valid election process, and protect the
12 constitutionally provided initiative process.
13 (2) It is the intent of the Legislature to update the
14 reasonable regulations in place for petition circulators,
15 increase transparency and accountability for sponsors of
16 initiative petitions, provide prospective signatories with
17 objective information regarding the impact of a proposed
18 amendment, and deter, prevent, and penalize fraudulent
19 activities related to initiative petitions.
20 Section 2. Subsections (1) and (2) of section 15.21,
21 Florida Statutes, are amended to read:
22 15.21 Initiative petitions; s. 3, Art. XI, State
23 Constitution.—
24 (1) The Secretary of State shall immediately submit an
25 initiative petition to the Attorney General if the sponsor has:
26 (a) Registered as a political committee pursuant to s.
27 106.03;
28 (b) Submitted the ballot title, ballot summary substance,
29 and full text of the proposed revision or amendment to the
30 Secretary of State, who has received a financial impact
31 statement pursuant to ss. 100.371 and 101.161; and
32 (c) Obtained a letter from the Division of Elections
33 confirming that the sponsor has submitted to the appropriate
34 supervisors for verification, and the supervisors have verified,
35 forms signed and dated equal to 25 percent of the number of
36 electors statewide required by s. 3, Art. XI of the State
37 Constitution in one-half of the congressional districts of the
38 state.
39 (2) If the Secretary of State has submitted an initiative
40 petition to the Attorney General pursuant to subsection (1) but
41 the validity of the signatures for such initiative petition has
42 expired pursuant to s. 100.371(14)(a) s. 100.371(11)(a) before
43 securing ballot placement, the Secretary of State must promptly
44 notify the Attorney General. The Secretary of State may resubmit
45 the initiative petition to the Attorney General if the
46 initiative petition is later circulated for placement on the
47 ballot of a subsequent general election and the criteria under
48 subsection (1) are satisfied.
49 Section 3. Subsections (1), (2), and (3) of section 16.061,
50 Florida Statutes, are amended to read:
51 16.061 Initiative petitions.—
52 (1) The Attorney General shall, within 30 days after
53 receipt of a proposed revision or amendment to the State
54 Constitution by initiative petition from the Secretary of State,
55 petition the Supreme Court, requesting an advisory opinion
56 regarding the compliance of the text of the proposed amendment
57 or revision with s. 3, Art. XI of the State Constitution,
58 whether the proposed amendment is facially invalid under the
59 United States Constitution, and the compliance of the proposed
60 ballot title and substance with s. 101.161, and the compliance
61 of the financial impact statement with s. 100.371(16). The
62 petition may enumerate any specific factual issues that the
63 Attorney General believes would require a judicial
64 determination.
65 (2) A copy of the petition shall be provided to the
66 Secretary of State and the principal officer of the sponsor of
67 the initiative petition.
68 (3) Any financial fiscal impact statement that the Supreme
69 Court finds not to be in accordance with s. 100.371(16) must s.
70 100.371 shall be remanded solely to the Financial Impact
71 Estimating Conference for redrafting.
72 Section 4. Effective July 1, 2025, subsection (28) of
73 section 97.021, Florida Statutes, is amended to read:
74 97.021 Definitions.—For the purposes of this code, except
75 where the context clearly indicates otherwise, the term:
76 (28) “Petition circulator” means an entity or individual
77 who collects signatures for compensation for the purpose of
78 qualifying a proposed constitutional amendment for ballot
79 placement. The term does not include a person who collects,
80 delivers, or otherwise physically possesses no more than two
81 signed petition forms in addition to his or her own signed
82 petition form or a signed petition form belonging to the
83 person’s spouse, or the parent, child, grandparent, grandchild,
84 or sibling of the person or the person’s spouse.
85 Section 5. Paragraphs (a) and (d) of subsection (4) of
86 section 99.097, Florida Statutes, are amended, and paragraph (b)
87 of subsection (1) of that section is reenacted, to read:
88 99.097 Verification of signatures on petitions.—
89 (1)
90 (b) Rules and guidelines for petition verification shall be
91 adopted by the Department of State. Rules and guidelines for a
92 random sample method of verification may include a requirement
93 that petitions bear an additional number of names and
94 signatures, not to exceed 15 percent of the names and signatures
95 otherwise required. If the petitions do not meet such criteria
96 or if the petitions are prescribed by s. 100.371, the use of the
97 random sample method of verification is not available to
98 supervisors.
99 (4)(a) The supervisor must be paid in advance the sum of 10
100 cents for each signature checked or the actual cost of checking
101 such signature, whichever is less, by the candidate or, in the
102 case of a petition to have a local issue placed on the ballot,
103 by the person or organization submitting the petition. In the
104 case of a petition to place a statewide issue on the ballot, the
105 person or organization submitting the petition must pay the
106 supervisor in advance the cost posted by the supervisor pursuant
107 to s. 100.371(14) s. 100.371(11) for the actual cost of checking
108 signatures to place a statewide issue on the ballot.
109 (d) Except as provided in s. 100.371(14)(d), petitions must
110 be retained by the supervisors for a period of 1 year following
111 the election for which the petitions were circulated.
112 Section 6. Section 100.371, Florida Statutes, is amended to
113 read:
114 100.371 Initiatives; procedure for placement on ballot.—
115 (1)(a) Constitutional amendments proposed by initiative
116 shall be placed on the ballot for the general election, provided
117 the initiative petition has been filed with the Secretary of
118 State no later than February 1 of the year the general election
119 is held. A petition shall be deemed to be filed with the
120 Secretary of State upon the date the secretary determines that
121 valid and verified petition forms have been signed by the
122 constitutionally required number and distribution of voters
123 electors under this code.
124 (b) A sponsor of an initiative petition must obtain, at
125 least every third election cycle, a letter pursuant to s.
126 15.21(1)(c). Failure to obtain such letter results in expiration
127 of the initiative petition’s signatures and disbanding of the
128 sponsor’s political committee.
129 (c) Initiative petition signatures expire and the sponsor’s
130 political committee is disbanded if a constitutional amendment
131 proposed by initiative submitted to the Secretary of State
132 before February 1, 2022, fails to obtain a letter pursuant to s.
133 15.21(1)(c) on or before February 1, 2026. This paragraph does
134 not preclude such a sponsor from refiling the proposed amendment
135 as a new petition.
136 (2) The sponsor of an initiative amendment may not sponsor
137 more than one amendment and must shall, before circulating any
138 petition forms prior to obtaining any signatures, register as a
139 political committee pursuant to s. 106.03 and submit the ballot
140 title, ballot summary, article and section of the State
141 Constitution being amended, and full text of the proposed
142 amendment to the Secretary of State. The proposed amendment and
143 all forms filed in connection with this section must, upon
144 request, be made available in alternative formats, with the form
145 on which the signatures will be affixed, and shall obtain the
146 approval of the Secretary of State of such form. Upon receipt,
147 the Secretary of State shall assign the initiative petition a
148 petition number and submit a copy of the proposed amendment to
149 the Financial Impact Estimating Conference for review, analysis,
150 and estimation of the financial impact of the proposed
151 amendment. After the review by the Financial Impact Estimating
152 Conference, the division shall publish the forms with the
153 information provided for in subsection (3) and on which
154 signatures for the initiative petition will be affixed The
155 Secretary of State shall adopt rules pursuant to s. 120.54
156 prescribing the style and requirements of such form. Upon filing
157 with the Secretary of State, the text of the proposed amendment
158 and all forms filed in connection with this section must, upon
159 request, be made available in alternative formats.
160 (3)(a) Beginning July 1, 2025, the petition form must
161 prominently display all of the following:
162 1. The petition number.
163 2. The ballot title.
164 3. The ballot summary.
165 4. A notice that the form becomes a public record upon
166 receipt by the supervisor.
167 5. A notice that it is a misdemeanor of the first degree to
168 knowingly sign the petition more than once.
169 6. A notice that the form will not be validated if all of
170 the requested information is not completed.
171 7. For a proposed amendment submitted to the Secretary of
172 State after the effective date of this act, the financial impact
173 statement.
174 (b) The petition form must also include all of the
175 following:
176 1. The full text of the proposed amendment.
177 2. The name and address of the sponsor.
178 3. The date received by the Secretary of State.
179 4. A bar code or serial number associated with the
180 initiative petition.
181 (c) The petition form must solicit and require all of the
182 following information:
183 1. The full name of the voter.
184 2. The voter’s address and county of legal residence.
185 3. The voter’s Florida voter registration number or date of
186 birth.
187 4. The voter’s Florida driver license number or the voter’s
188 Florida identification card number issued pursuant to s.
189 322.051, or the last four digits of the voter’s social security
190 number.
191 5. An attestation that the voter is a registered Florida
192 voter and is petitioning the Secretary of State to place the
193 proposed amendment on the ballot.
194 6. The voter’s signature and the date on which the voter
195 signed the form.
196 (d) A petition form distributed by a petition circulator
197 must also include all of the following:
198 1. The Petition Circulator’s Affidavit with the
199 circulator’s name, permanent address, and petition circulator
200 number or barcode.
201 2. The following statement, which must be signed and dated
202 by the circulator:
203
204 By my signature below, as petition circulator, I
205 verify that the petition was completed and signed by
206 the voter in my presence. Under penalty of perjury, I
207 declare that I have read the foregoing Petition
208 Circulator’s Affidavit, and that the facts stated in
209 it are true, and that if I was paid to circulate or
210 collect this petition, payment was not on a per
211 signature basis.
212
213 (e) A petition form distributed by a person other than a
214 petition circulator must also include, in lieu of the Petition
215 Circulator’s Affidavit, the following notice:
216
217 This form is for PERSONAL USE only. Unless registered
218 as a petition circulator, it is a third degree felony
219 to collect, deliver, or otherwise physically possess
220 more than two signed petition forms in addition to
221 your own or those of immediate family members.
222
223 (f) The petition form must be in a type not less than 10
224 points, except for the full text of the proposed amendment,
225 which may be in a type not less than 6 points if 10-point type
226 would cause the length of the petition form to exceed one page
227 front and back.
228 (4)(a) Beginning July 1, 2025, unless registered as a
229 petition circulator with the Secretary of State and issued a
230 petition circulator number, a person may not collect, deliver,
231 or otherwise physically possess more than two signed petition
232 forms in addition to his or her own signed petition form or a
233 signed petition form belonging to an immediate family member.
234 For the purposes of this subsection, the term “immediate family”
235 means a person’s spouse, or the parent, child, grandparent,
236 grandchild, or sibling of the person or the person’s spouse
237 signatures or initiative petitions for compensation unless the
238 person is registered as a petition circulator with the Secretary
239 of State.
240 (b) A person may not collect signatures or initiative
241 petitions if he or she:
242 1. Has been convicted of a felony violation and has not had
243 his or her right to vote restored.
244 2. Is not a citizen of the United States.
245 3. Is not a resident of this state.
246 (b) A citizen may challenge a petition circulator’s
247 registration under this section by filing a petition in circuit
248 court. If the court finds that the respondent is not a
249 registered petition circulator, the court may enjoin the
250 respondent from collecting signatures or initiative petitions
251 for compensation until she or he is lawfully registered.
252 (c)(4) An application for registration must be submitted in
253 the format required by the Secretary of State and must include
254 the following:
255 1.(a) The information required to be on the petition form
256 under s. 101.161, including the ballot summary and title as
257 received approved by the Secretary of State.
258 2.(b) The applicant’s name, permanent address, temporary
259 address, if applicable, and date of birth, Florida driver
260 license or Florida identification card number, and the last four
261 digits of his or her social security number.
262 3.(c) An address in this state at which the applicant will
263 accept service of process related to disputes concerning the
264 petition process, if the applicant is not a resident of this
265 state.
266 4.(d) A statement that the applicant consents to the
267 jurisdiction of the courts of this state in resolving disputes
268 concerning the petition process.
269 5.(e) Any information required by the Secretary of State to
270 verify the applicant’s identity or address.
271 6. Whether the applicant has been convicted of a felony
272 violation and has not had his or her right to vote restored, by
273 including the statement, “I affirm that I am not a convicted
274 felon, or, if I am, my right to vote has been restored,” and
275 providing a box for the applicant to check to affirm the
276 statement.
277 7. Whether the applicant is a citizen of the United States,
278 by asking the question, “Are you a citizen of the United States
279 of America?” and providing boxes for the applicant to check
280 whether the applicant is or is not a citizen of the United
281 States.
282 8. Whether the applicant is a Florida resident by asking
283 the question, “Are you a resident of the state of Florida?” and
284 providing boxes for the applicant to check whether the applicant
285 is or is not a resident of the state of Florida.
286 9. The signature of the applicant under penalty of perjury
287 for false swearing pursuant to s. 104.011, by which the
288 applicant swears or affirms that the information contained in
289 the application is true.
290 (d) A citizen may challenge a petition circulator’s
291 registration under this section by filing a petition in circuit
292 court. If the court finds that the respondent is not a
293 registered petition circulator, the court may enjoin the
294 respondent from collecting signatures or initiative petitions
295 until he or she is lawfully registered.
296 (e) The division may revoke a petition circulator’s
297 registration upon the written request of the sponsor of the
298 initiative petition or if the circulator violates this section.
299 (f) A person may not register to collect signatures or
300 initiative petitions until he or she has completed the training
301 concerning the requirements for petition circulators. The
302 training must be developed by the division and must be in an
303 electronic format available on the division’s public website.
304 The training must, at a minimum, include the following:
305 1. An overview of the petition-gathering process.
306 2. An overview of the petition circulator registration
307 requirements.
308 3. An explanation that the sponsor of an initiative
309 amendment serves as a fiduciary to each voter who signs a
310 petition.
311 4. An explanation that the Florida Election Code prohibits
312 compensation or provision of any benefit based on the number of
313 petition forms gathered or the time within which a number of
314 petition forms are gathered.
315 5. The specific criminal penalties to which a petition
316 circulator may be subject for violating the Florida Election
317 Code.
318 (g) The sponsor of the initiative amendment is liable for a
319 fine in the amount of $50,000 for each person the sponsor
320 knowingly allows to collect petition forms on behalf of the
321 sponsor in violation of this subsection.
322 (5) A sponsor may not compensate a petition circulator
323 based on the number of petition forms gathered or the time
324 within which a number of petition forms are gathered. This
325 prohibition includes, but is not limited to, paying a specified
326 amount per petition form gathered, basing an hourly rate on the
327 number of petition forms gathered over a specified period of
328 time, or providing any other benefit or form of compensation
329 based on the number of petition forms gathered. All petitions
330 collected by a petition circulator must contain, in a format
331 required by the Secretary of State, a completed Petition
332 Circulator’s Affidavit which includes:
333 (a) The circulator’s name and permanent address;
334 (b) The following statement, which must be signed by the
335 circulator:
336
337 By my signature below, as petition circulator, I
338 verify that the petition was signed in my presence.
339 Under penalties of perjury, I declare that I have read
340 the foregoing Petition Circulator’s Affidavit and the
341 facts stated in it are true.
342
343 (6) The division or the supervisor of elections shall make
344 hard copy petition forms or electronic portable document format
345 petition forms available to registered petition circulators. All
346 such forms must contain information identifying the petition
347 circulator to whom which the forms are provided. The division
348 shall maintain a database of all registered petition circulators
349 and the petition forms assigned to each. Each supervisor of
350 elections shall provide to the division information on petition
351 forms assigned to and received from petition circulators. The
352 information must be provided in a format and at times as
353 required by the division by rule. The division must update
354 information on petition forms daily and make the information
355 publicly available.
356 (7)(a) A sponsor that collects petition forms or uses a
357 petition circulator to collect petition forms serves as a
358 fiduciary to the voter elector signing the petition form and
359 shall ensure, ensuring that any petition form entrusted to the
360 sponsor or petition circulator is shall be promptly delivered to
361 the supervisor of elections in the county in which the voter
362 resides within 10 30 days after the voter elector signs the
363 form. If a petition form collected by the sponsor or any
364 petition circulator is not promptly delivered to the supervisor
365 of elections, the sponsor is liable for the following fines:
366 1. A fine in the amount of $50 per each day late for each
367 petition form received by the supervisor of elections in the
368 county in which the voter resides more than 10 30 days after the
369 voter elector signed the petition form or the next business day,
370 if the office is closed. A fine in the amount of $2,500 $250 for
371 each petition form received if the sponsor or petition
372 circulator acted willfully.
373 2. A fine in the amount of $100 per each day late, up to a
374 maximum of $5,000, for each petition form collected by a sponsor
375 or a petition circulator, signed by a voter on or before
376 February 1 of the year the general election is held and received
377 by the supervisor of elections in the county in which the voter
378 resides after the deadline for such election. A fine in the
379 amount of $5,000 for each such petition form received if the
380 sponsor or petition circulator acted willfully.
381 3. A fine in the amount of $500 for each petition form
382 collected by a petition circulator which is not submitted to the
383 supervisor of elections in the county in which the voter
384 resides. A fine in the amount of $5,000 $1,000 for any petition
385 form not so submitted if the sponsor or petition circulator
386 acting on its behalf acted willfully.
387 (b) A showing by the sponsor that the failure to deliver
388 the petition form within the required timeframe is based upon
389 force majeure or impossibility of performance is an affirmative
390 defense to a violation of this subsection. The fines described
391 in this subsection may be waived upon a showing that the failure
392 to deliver the petition form promptly is based upon force
393 majeure or impossibility of performance.
394 (8) If a person collecting petition forms on behalf of a
395 sponsor of an initiative petition signs another person’s name or
396 a fictitious name to any petition, or fills in missing
397 information on a signed petition, to secure a ballot position in
398 violation of s. 104.185(2), the sponsor of the initiative
399 petition is liable for a fine in the amount of $5,000 for each
400 such petition.
401 (9) If a person collecting petition forms on behalf of a
402 sponsor of an initiative petition copies or retains a voter’s
403 personal information, such as the voter’s Florida driver license
404 number, Florida identification card number, social security
405 number, or signature, for any reason other than to provide such
406 information to the sponsor of the initiative petition, the
407 person commits a felony of the third degree, punishable as
408 provided in s. 775.082, s. 775.083, or s. 775.084.
409 (10) A sponsor of an initiative petition or a person
410 collecting petition forms on behalf of a sponsor of an
411 initiative petition may not mail or otherwise provide a petition
412 form upon which any information about a voter has been filled in
413 before it is provided to the voter. The sponsor of an initiative
414 petition is liable for a fine in the amount of $50 for each
415 petition form that is a violation of this subsection.
416 (11)(8) If the Secretary of State reasonably believes that
417 a person or entity has committed a violation of this section,
418 the secretary may refer the matter to the Attorney General for
419 enforcement. The Attorney General may institute a civil action
420 for a violation of this section or to prevent a violation of
421 this section. An action for relief may include a permanent or
422 temporary injunction, a restraining order, or any other
423 appropriate order. If the sponsor of an initiative petition
424 discovers a violation of this section and reports the violation
425 as soon as practicable to the secretary, the sponsor may not be
426 fined for such violation.
427 (12)(9) The division shall adopt by rule a complaint form
428 for a voter an elector who claims to have had his or her
429 signature misrepresented, forged, or not delivered to the
430 supervisor. The division shall also adopt rules to ensure the
431 integrity of the petition form gathering process, including
432 rules requiring sponsors to account for all petition forms used
433 by their agents. Such rules may require a sponsor or petition
434 circulator to provide identification information on each
435 petition form as determined by the department as needed to
436 assist in the accounting of petition forms.
437 (13)(10) The date on which a voter an elector signs a
438 petition form is presumed to be the date on which the petition
439 circulator received or collected the petition form.
440 (14)(a)(11)(a) An initiative petition form circulated for
441 signature may not be bundled with or attached to any other
442 petition. Each signature shall be dated when made and shall be
443 valid until the next February 1 occurring in an even-numbered
444 year for the purpose of the amendment appearing on the ballot
445 for the general election occurring in that same year, provided
446 all other requirements of law are met. The sponsor shall submit
447 signed and dated forms to the supervisor of elections for the
448 county of residence listed by the person signing the form for
449 verification of the number of valid signatures obtained.
450 (b) The supervisor shall record the date each submitted
451 petition is received. If a signature on a petition is from a
452 registered voter in another county, the supervisor must shall
453 notify the petition sponsor and the division of the misfiled
454 petition. The supervisor shall promptly verify the signatures
455 within 60 days after receipt of the petition forms and payment
456 and processing of a fee for the actual cost of signature
457 verification incurred by the supervisor. However, for petition
458 forms submitted less than 60 days before February 1 of an even
459 numbered year, the supervisor shall promptly verify the
460 signatures within 30 days after receipt of the form and payment
461 of the fee for signature verification.
462 (c) Beginning July 1, 2025, the supervisor shall promptly
463 record, in the manner prescribed by the Secretary of State, the
464 date each form is received by the supervisor, and the date the
465 signature on the form is verified as valid. The supervisor may
466 verify that the signature on a form is valid only if:
467 1. The form contains the original signature of the
468 purported voter elector.
469 2. The purported voter elector has accurately recorded on
470 the form the date on which he or she signed the form.
471 3. The form sets forth the purported voter’s: elector’s
472 a. Full name;,
473 b. Address and, city, county of residence;, and
474 c. Voter registration number or date of birth; and
475 d. Florida driver license or Florida identification card
476 number issued pursuant to s. 322.051 or the last four digits of
477 the voter’s social security number.
478 4. The purported voter elector is, at the time he or she
479 signs the form and at the time the form is verified, a duly
480 qualified and registered voter elector in the state.
481 5. The signature was obtained legally, including that if a
482 paid petition circulator was used, the circulator was validly
483 registered under subsection (4) (3) when the signature was
484 obtained.
485
486 The supervisor shall retain all signature forms, separating
487 forms verified as valid from those deemed invalid, for at least
488 1 year following the election for which the petition was
489 circulated.
490 (d)1.(b) On the last day of each month, or on the last day
491 of each week from December 1 of an odd-numbered year through
492 February 1 of the following year, each supervisor shall
493 electronically transmit all received petition forms to the
494 division. The digital images of the scanned petition forms must
495 be of high enough quality that division personnel are able to
496 accurately discern elements contained in such forms. Forms must
497 be identified as valid or as invalid.
498 2. Each supervisor shall retain all petition forms,
499 identifying forms verified as valid from those deemed invalid,
500 until all petition forms have been processed following the
501 February 1 deadline. As soon as practicable following the
502 processing of the last timely submitted petition form, but not
503 later than March 15 following the February 1 deadline, the
504 supervisor shall deliver the physical forms to the division. The
505 division shall retain all petition forms for 1 year following
506 the election for which the petition was circulated.
507 (e) Beginning October 1, 2025, when the signature on the
508 petition form is verified as valid, the supervisor shall, as
509 soon as practicable, notify the voter by mail at the mailing
510 address on file in the Florida Voter Registration System.
511 1. Such notice must be sent by forwardable mail with a
512 postage prepaid preaddressed form, which may be returned to the
513 Office of Election Crimes and Security. The notice must include
514 contact information for the Office of Election Crimes and
515 Security, including the telephone number, fax number, mailing
516 address, and e-mail address. The notice must include all of the
517 following statements or information in substantially the
518 following form:
519
520 NOTICE
521
522 A petition to place a proposed constitutional
523 amendment on the ballot for the next general election,
524 bearing your name and signature, has been received and
525 verified by the Supervisor of Elections Office in ...
526 (insert county)....
527
528 The petition is for ...(insert the petition serial
529 number and ballot title)... and was signed on
530 ...(insert the date the voter signed the petition)....
531
532 Check this box ☐, sign, and return this notice to the
533 Office of Election Crimes and Security if you believe
534 your signature has been misrepresented or forged on a
535 petition. The petition form in question will be
536 invalidated and will not be counted toward the number
537 of signatures required to place this proposed
538 constitutional amendment on the ballot.
539
540 A notice being returned must be received by the Office
541 of Election Crimes and Security on or before February
542 1 ... (insert the year in which the general election
543 is held)....
544
545 ...(Insert the voter’s Florida voter registration
546 number, and if applicable, the petition circulator’s
547 number)....
548
549 By signing below I swear or affirm that my signature
550 was misrepresented or forged on the petition form
551 indicated in this notice.
552
553 ...(Voter’s Signature)... ...(Date)...
554
555 This notice becomes a public record upon receipt by
556 the Office of Election Crimes and Security. It is a
557 second degree misdemeanor, punishable as provided in
558 s. 775.082, Florida Statutes, or s. 772.083, Florida
559 Statutes, for a person to knowingly make a false
560 official statement pursuant to s. 837.06, Florida
561 Statutes.
562
563 2. Upon receiving a completed notice, the Office of
564 Election Crimes and Security shall transmit a copy of such
565 notices to the division. The division shall deem the voter’s
566 petition form invalid.
567 (f) Each supervisor shall post the actual cost of signature
568 verification for petition forms received more than 60 days
569 before February 1 of an even-numbered year and for petition
570 forms received less than 60 days before February 1 of an even
571 numbered year on his or her website, and may increase such cost,
572 as necessary, annually on March 1 February 2 of each even
573 numbered year. These costs include operating and personnel costs
574 associated with comparing signatures, printing and all postage
575 costs related to the verification notice required by paragraph
576 (e), and transmitting petition forms to the division. The
577 division shall also publish each county’s current cost on its
578 website. The division and each supervisor shall biennially
579 review available technology aimed at reducing verification
580 costs.
581 (g)(c) On the last day of each month, or on the last day of
582 each week from December 1 of an odd-numbered year through
583 February 1 of the following year, each supervisor shall post on
584 his or her website the total number of signatures submitted, the
585 total number of invalid signatures, the total number of
586 signatures processed, and the aggregate number of verified valid
587 signatures and the distribution of such signatures by
588 congressional district for each proposed amendment proposed by
589 initiative, along with the following information specific to the
590 reporting period: the total number of signed petition forms
591 received, the total number of signatures verified, the
592 distribution of verified valid signatures by congressional
593 district, and the total number of verified petition forms
594 forwarded to the Secretary of State. For any reporting period in
595 which the percentage of petition forms deemed invalid by the
596 supervisor exceeds a total of 25 percent of the petition forms
597 received by the supervisor for that reporting period, the
598 supervisor shall notify the Office of Election Crimes and
599 Security. The Office of Election Crimes and Security shall
600 conduct a preliminary investigation into the activities of the
601 sponsor, one or more petition circulators, or a person
602 collecting petition forms on behalf of a sponsor, to determine
603 whether the invalidated petitions are a result of fraud or any
604 other violation of this section. As authorized by ss. 97.012(15)
605 and 97.022(1), the Office of Elections Crimes and Security may,
606 if warranted, report findings to the statewide prosecutor or the
607 state attorney for the judicial circuit in which the alleged
608 violation occurred for prosecution.
609 (h) A signed petition form submitted by an ineligible or
610 unregistered petition circulator must be invalidated and may not
611 be counted toward the number of necessary signatures for
612 placement on the ballot.
613 (15)(12) The Secretary of State shall determine from the
614 signatures verified by the supervisors of elections the total
615 number of verified valid signatures, less any signatures that
616 were invalidated pursuant to subsection (14), and the
617 distribution of such signatures by congressional districts, and
618 the division shall post such information on its website at the
619 same intervals specified in paragraph (14)(g) (11)(c). Upon a
620 determination that the requisite number and distribution of
621 valid signatures have been obtained, the secretary shall issue a
622 certificate of ballot position for that proposed amendment and
623 shall assign a designating number pursuant to s. 101.161. The
624 secretary must rescind the certificate of ballot position if an
625 advisory opinion issued by the Supreme Court pursuant to s.
626 16.061(1) deems the initiative petition invalid.
627 (16)(a)(13)(a) Upon receipt of a proposed revision or
628 amendment from the Secretary of State, the coordinator of the
629 Office of Economic and Demographic Research shall contact the
630 person identified as the sponsor to request an official list of
631 all persons authorized to speak on behalf of the named sponsor
632 and, if there is one, the sponsoring organization at meetings
633 held by the Financial Impact Estimating Conference. All other
634 persons must be deemed interested parties or proponents or
635 opponents of the initiative. The Financial Impact Estimating
636 Conference shall provide an opportunity for any representative
637 of the sponsor, interested parties, and proponents or opponents
638 of the initiative to submit information and may solicit
639 information or analysis from any other entities or agencies,
640 including the Office of Economic and Demographic Research At the
641 same time the Secretary of State submits an initiative petition
642 to the Attorney General pursuant to s. 15.21, the secretary
643 shall submit a copy of the initiative petition to the Financial
644 Impact Estimating Conference.
645 (b) Within 75 days after receipt of a proposed revision or
646 amendment to the State Constitution by initiative petition from
647 the Secretary of State, the Financial Impact Estimating
648 Conference shall complete an analysis and financial impact
649 statement to be placed on the ballot of the estimated increase
650 or decrease in any revenues or costs to state or local
651 governments and the overall impact to the state budget resulting
652 from the proposed initiative. The 75-day time limit is tolled
653 when the Legislature is in session. The Financial Impact
654 Estimating Conference shall submit the financial impact
655 statement to the Attorney General and Secretary of State. If the
656 initiative petition has been submitted to the Financial Impact
657 Estimating Conference but the validity of signatures has expired
658 and the initiative petition no longer qualifies for ballot
659 placement at the ensuing general election, the Secretary of
660 State must notify the Financial Impact Estimating Conference.
661 The Financial Impact Estimating Conference does is not required
662 to complete an analysis and financial impact statement for an
663 initiative petition that fails to meet the requirements of
664 subsection (1) for placement on the ballot before the 75-day
665 time limit, including any tolling period, expires, the ballot
666 must include the statement required by s. 101.161(1)(e). The
667 initiative petition may be resubmitted to the Financial Impact
668 Estimating Conference if the initiative petition meets the
669 requisite criteria for a subsequent general election cycle. A
670 new Financial Impact Estimating Conference shall be established
671 at such time as the initiative petition again satisfies the
672 criteria in s. 15.21(1).
673 (b) Immediately upon receipt of a proposed revision or
674 amendment from the Secretary of State, the coordinator of the
675 Office of Economic and Demographic Research shall contact the
676 person identified as the sponsor to request an official list of
677 all persons authorized to speak on behalf of the named sponsor
678 and, if there is one, the sponsoring organization at meetings
679 held by the Financial Impact Estimating Conference. All other
680 persons shall be deemed interested parties or proponents or
681 opponents of the initiative. The Financial Impact Estimating
682 Conference shall provide an opportunity for any representatives
683 of the sponsor, interested parties, proponents, or opponents of
684 the initiative to submit information and may solicit information
685 or analysis from any other entities or agencies, including the
686 Office of Economic and Demographic Research.
687 (c) The Financial Impact Estimating Conference may be
688 convened only by the President of the Senate and the Speaker of
689 the House of Representatives, jointly. All meetings of the
690 Financial Impact Estimating Conference shall be open to the
691 public. The President of the Senate and the Speaker of the House
692 of Representatives, jointly, shall be the sole judge for the
693 interpretation, implementation, and enforcement of this
694 subsection.
695 1. The Financial Impact Estimating Conference is
696 established to review, analyze, and estimate the financial
697 impact of amendments to or revisions of the State Constitution
698 proposed by initiative. The Financial Impact Estimating
699 Conference shall be composed consist of four principals: one
700 person from the professional staff of the Executive Office of
701 the Governor or from a state agency, designated by the Governor;
702 the coordinator of the Office of Economic and Demographic
703 Research, or his or her designee; one person from the
704 professional staff of the Senate, designated by the President of
705 the Senate; and one person from the professional staff of the
706 House of Representatives, designated by the Speaker of the House
707 of Representatives. Each principal shall have appropriate fiscal
708 expertise in the subject matter of the initiative. A Financial
709 Impact Estimating Conference may be appointed for each
710 initiative.
711 2. Principals of the Financial Impact Estimating Conference
712 shall reach a consensus or majority concurrence on a clear and
713 unambiguous financial impact statement, no more than 150 words
714 in length, and immediately submit the statement to the Attorney
715 General. Nothing in this subsection prohibits the Financial
716 Impact Estimating Conference from setting forth a range of
717 potential impacts in the financial impact statement. Any
718 financial impact statement that a court finds not to be in
719 accordance with this section shall be remanded solely to the
720 Financial Impact Estimating Conference for redrafting. The
721 Financial Impact Estimating Conference shall redraft the
722 financial impact statement within 15 days.
723 3. If the Supreme Court has rejected the initial submission
724 by the Financial Impact Estimating Conference and no redraft has
725 been approved by the Supreme Court by 5 p.m. on the 75th day
726 before the election, the following statement shall appear on the
727 ballot: “The impact of this measure, if any, has not been
728 determined at this time.”
729 (d) The financial impact statement must be separately
730 contained on the petition form and the ballot and be set forth
731 after the ballot summary as required in s. 101.161(1).
732 1. If the financial impact statement projects a net
733 negative impact on the state budget, the ballot must include the
734 statement required by s. 101.161(1)(b).
735 2. If the financial impact statement projects a net
736 positive impact on the state budget, the ballot must include the
737 statement required by s. 101.161(1)(c).
738 3. If the financial impact statement estimates an
739 indeterminate financial impact or if the members of the
740 Financial Impact Estimating Conference are unable to agree on
741 the statement required by this subsection, the ballot must
742 include the statement required by s. 101.161(1)(d).
743 4. If the financial impact statement was not produced or if
744 the Financial Impact Estimating Conference did not meet to
745 produce the financial statement, the ballot must include the
746 statement required by s. 101.161(1)(e).
747 (e)1. Any financial impact statement that the Supreme Court
748 finds not to be in accordance with this subsection shall be
749 remanded solely to the Financial Impact Estimating Conference
750 for redrafting, provided the court’s advisory opinion is
751 rendered at least 75 days before the election at which the
752 question of ratifying the amendment will be presented. The
753 Financial Impact Estimating Conference shall prepare and adopt a
754 revised financial impact statement no later than 5 p.m. on the
755 15th day after the date of the court’s opinion. The sponsor of
756 the initiative must refile the petition with the revised
757 financial impact statement with the Secretary of State as a new
758 petition.
759 2. If, by 5 p.m. on the 75th day before the election, the
760 Supreme Court has not issued an advisory opinion on the initial
761 financial impact statement prepared by the Financial Impact
762 Estimating Conference for an initiative amendment that otherwise
763 meets the legal requirements for ballot placement, the financial
764 impact statement shall be deemed approved for placement on the
765 ballot.
766 (f)3. In addition to the financial impact statement
767 required by this subsection, the Financial Impact Estimating
768 Conference shall draft an initiative financial information
769 statement. The initiative financial information statement should
770 describe in greater detail than the financial impact statement
771 any projected increase or decrease in revenues or costs that the
772 state or local governments would likely experience if the ballot
773 measure were approved. If appropriate, the initiative financial
774 information statement may include both estimated dollar amounts
775 and a description placing the estimated dollar amounts into
776 context. The initiative financial information statement must
777 include both a summary of not more than 500 words and additional
778 detailed information that includes the assumptions that were
779 made to develop the financial impacts, workpapers, and any other
780 information deemed relevant by the Financial Impact Estimating
781 Conference.
782 (g)4. The Department of State shall have printed, and shall
783 furnish to each supervisor of elections, a copy of the summary
784 from the initiative financial information statements. The
785 supervisors shall have the summary from the initiative financial
786 information statements available at each polling place and at
787 the main office of the supervisor of elections upon request.
788 (h)5. The Secretary of State and the Office of Economic and
789 Demographic Research shall make available on the Internet each
790 initiative financial information statement in its entirety. In
791 addition, each supervisor of elections whose office has a
792 website shall post the summary from each initiative financial
793 information statement on the website. Each supervisor shall
794 include a copy of each summary from the initiative financial
795 information statements and the Internet addresses for the
796 information statements on the Secretary of State’s and the
797 Office of Economic and Demographic Research’s websites in the
798 publication or mailing required by s. 101.20.
799 (17)(14) The Department of State may adopt rules in
800 accordance with s. 120.54 to implement this section carry out
801 the provisions of subsections (1)-(14).
802 (18)(15) No provision of this code shall be deemed to
803 prohibit a private person exercising lawful control over
804 privately owned property, including property held open to the
805 public for the purposes of a commercial enterprise, from
806 excluding from such property persons seeking to engage in
807 activity supporting or opposing initiative amendments.
808 Section 7. (1) By July 1, 2025, the Department of State
809 shall update the forms as required by the amendments made to s.
810 100.371(3), Florida Statutes, for any proposed amendments
811 received before July 1, 2025.
812 (2)(a) By June 1, 2025, the Department of State shall make
813 available a new petition circulator application to incorporate
814 the amendments made to s. 100.371(4), Florida Statutes.
815 (b)1. Effective July 1, 2025, the registration of each
816 petition circulator expires.
817 2. No later than 7 days after this section becomes law, the
818 Department of State shall notify each petition circulator that
819 his or her registration expires on July 1, 2025, and that he or
820 she may reregister by completing a new application that will be
821 available before the current registration expires.
822 (c) By June 1, 2025, the Department of State shall develop
823 the training required by s. 100.371(4)(f), Florida Statutes.
824 (3) No later than October 1, 2025, a supervisor of
825 elections may increase the cost of signature verification
826 pursuant to the amendments made to s. 100.371(14)(f), Florida
827 Statutes. A supervisor shall post the cost of signature
828 verification on his or her publicly available website as soon as
829 such cost is determined.
830 Section 8. Paragraph (a) of subsection (1) of section
831 101.161, Florida Statutes, is amended, and paragraph (e) is
832 added to that subsection, to read:
833 101.161 Referenda; ballots.—
834 (1) Whenever a constitutional amendment or other public
835 measure is submitted to the vote of the people, a ballot summary
836 of such amendment or other public measure shall be printed in
837 clear and unambiguous language on the ballot after the list of
838 candidates, followed by the word “yes” and also by the word
839 “no,” and shall be styled in such a manner that a “yes” vote
840 will indicate approval of the proposal and a “no” vote will
841 indicate rejection. The ballot summary of the amendment or other
842 public measure and the ballot title to appear on the ballot
843 shall be embodied in the constitutional revision commission
844 proposal, constitutional convention proposal, taxation and
845 budget reform commission proposal, or enabling resolution or
846 ordinance. The ballot summary of the amendment or other public
847 measure shall be an explanatory statement, not exceeding 75
848 words in length, of the chief purpose of the measure. In
849 addition, for every constitutional amendment proposed by
850 initiative, the ballot shall include, following the ballot
851 summary, in the following order:
852 (a) A separate financial impact statement concerning the
853 measure prepared by the Financial Impact Estimating Conference
854 in accordance with s. 100.371(16) s. 100.371(13).
855 (e) If the financial impact statement was not produced or
856 if the Financial Impact Estimating Conference did not meet to
857 produce the financial impact statement, the following statement
858 in bold print:
859
860 THE FINANCIAL IMPACT OF THIS AMENDMENT, IF ANY, HAS
861 NOT BEEN DETERMINED AT THIS TIME.
862
863 The ballot title shall consist of a caption, not exceeding 15
864 words in length, by which the measure is commonly referred to or
865 spoken of. This subsection does not apply to constitutional
866 amendments or revisions proposed by joint resolution.
867 Section 9. Subsection (2) of section 102.111, Florida
868 Statutes, is amended to read:
869 102.111 Elections Canvassing Commission.—
870 (2) The Elections Canvassing Commission shall meet at 8
871 a.m. on the 9th day after a primary election and at 8 a.m. on
872 the 14th day after a general election to certify the returns of
873 the election for each federal, state, and multicounty office and
874 for each constitutional amendment. If a member of a county
875 canvassing board that was constituted pursuant to s. 102.141
876 determines, within 5 days after the certification by the
877 Elections Canvassing Commission, that a typographical error
878 occurred in the official returns of the county, the correction
879 of which could result in a change in the outcome of an election,
880 the county canvassing board must certify corrected returns to
881 the Department of State within 24 hours, and the Elections
882 Canvassing Commission must correct and recertify the election
883 returns as soon as practicable.
884 Section 10. Section 102.121, Florida Statutes, is amended
885 to read:
886 102.121 Elections Canvassing Commission to issue
887 certificates.—The Elections Canvassing Commission shall make and
888 sign separate certificates of the result of the election for
889 federal officers, and state officers, and constitutional
890 amendments, which certificates must shall be written and contain
891 the total number of votes cast for and against each person for
892 each office and the total number of votes cast for and against
893 each constitutional amendment. The certificates, the one
894 including the result of the election for presidential electors
895 and representatives to Congress, and the other including the
896 result of the election for state officers, shall be recorded in
897 the Department of State in a book to be kept for that purpose.
898 Section 11. Subsections (1), (3), and (4) of section
899 102.168, Florida Statutes, are amended to read:
900 102.168 Contest of election.—
901 (1) Except as provided in s. 102.171, the certification of
902 election or nomination of any person to office, or of the
903 adoption of a constitutional amendment or the result on any
904 question submitted by referendum, may be contested in the
905 circuit court by any unsuccessful candidate for such office or
906 nomination thereto or by any voter elector qualified to vote in
907 the election related to such candidacy or constitutional
908 amendment, or by any taxpayer, respectively.
909 (3) The complaint must shall set forth the grounds on which
910 the contestant intends to establish his or her right to such
911 office; or set aside the result of the election on a submitted
912 referendum or constitutional amendment. The grounds for
913 contesting an election or a constitutional amendment under this
914 section are:
915 (a) Misconduct, fraud, or corruption on the part of any
916 election official or any member of the canvassing board
917 sufficient to change or place in doubt the result of the
918 election.
919 (b) Ineligibility of the successful candidate for the
920 nomination or office in dispute or of the proposed
921 constitutional amendment for placement on the ballot.
922 (c) Receipt of a number of illegal votes or rejection of a
923 number of legal votes sufficient to change or place in doubt the
924 result of the election.
925 (d) Proof that any voter elector, election official, or
926 canvassing board member was given or offered a bribe or reward
927 in money, property, or any other thing of value for the purpose
928 of procuring the successful candidate’s nomination or election
929 or determining the result on any question submitted by
930 referendum or constitutional amendment.
931 (4) The canvassing board responsible for canvassing the
932 election is an indispensable party defendant in county and local
933 elections. The Elections Canvassing Commission is an
934 indispensable party defendant in federal, state, and multicounty
935 elections, in elections for constitutional amendments, and in
936 elections for justice of the Supreme Court, judge of a district
937 court of appeal, and judge of a circuit court. The successful
938 candidate is an indispensable party to any action brought to
939 contest the election or nomination of a candidate. The sponsor
940 of a constitutional amendment proposed by initiative petition,
941 identified pursuant to s. 100.371, is an indispensable party to
942 any action brought to contest such election.
943 Section 12. Subsection (2) of section 104.185, Florida
944 Statutes, is amended to read:
945 104.185 Petitions; knowingly signing more than once;
946 signing another person’s name or a fictitious name.—
947 (2) A person who signs another person’s name or a
948 fictitious name to any petition, or who fills in missing
949 information on a signed petition, to secure ballot position for
950 a candidate, a minor political party, or an issue commits a
951 felony of the third degree, punishable as provided in s.
952 775.082, s. 775.083, or s. 775.084.
953 Section 13. Section 104.186, Florida Statutes, is amended
954 to read:
955 104.186 Initiative petitions; violations.—A person who
956 compensates a petition circulator as defined in s. 97.021 based
957 on the number of petition forms gathered, as prohibited by s.
958 100.371(5), commits a felony of the third degree, punishable as
959 provided in s. 775.082, s. 775.083, or s. 775.084. This section
960 does not prohibit employment relationships that do not base
961 payment on the number of signatures collected.
962 Section 14. Section 104.187, Florida Statutes, is amended
963 to read:
964 104.187 Initiative petitions; registration.—A person who
965 violates s. 100.371(4)(a) s. 100.371(3) commits a misdemeanor of
966 the second degree, punishable as provided in s. 775.082 or s.
967 775.083.
968 Section 15. Effective July 1, 2025, section 104.188,
969 Florida Statutes, is created to read:
970 104.188 Petition forms gathered from immediate family;
971 violations.—
972 (1) For the purposes of this section, the term “immediate
973 family” means a person’s spouse or the parent, child,
974 grandparent, grandchild, or sibling of the person or the
975 person’s spouse.
976 (2) A person who collects, delivers, or otherwise
977 physically possesses more than two signed petition forms in
978 addition to his or her own signed petition form or a signed
979 petition form belonging to an immediate family member, and who
980 is not registered as a petition circulator pursuant to s.
981 100.371(4)(a), commits a felony of the third degree, punishable
982 as provided in s. 775.082, s. 775.083, or s. 775.084.
983 Section 16. Section 106.151, Florida Statutes, is created
984 to read:
985 106.151 Use of public funds prohibited.—
986 (1) As used in this section, the term “public funds” means
987 all moneys under the jurisdiction or control of the state
988 government.
989 (2) The state government or any person acting on behalf of
990 the state government may not expend or authorize the expenditure
991 of, and a person or group may not accept, public funds for a
992 political advertisement or any other communication sent to
993 electors concerning any proposed constitutional amendment or
994 revision that is subject to a vote of the electors. This
995 subsection applies to a communication initiated by the state
996 government or a person acting on behalf of the state government,
997 irrespective of whether the communication is limited to factual
998 information or advocates for the passage or defeat of a proposed
999 constitutional amendment or revision. This subsection does not
1000 preclude the state government or a person acting on behalf of
1001 the state government from reporting on official actions of the
1002 state government in an accurate, fair, and impartial manner;
1003 posting factual information on a government website or in
1004 printed materials; hosting and providing information at a public
1005 forum; providing factual information in response to an inquiry;
1006 or providing information as otherwise authorized or required by
1007 law.
1008 (3) With the exception of the prohibitions specified in
1009 subsection (2), this section does not preclude an elected
1010 official of the state government from expressing an opinion on
1011 any issue at any time.
1012 Section 17. Subsection (3) of section 106.19, Florida
1013 Statutes, is amended to read:
1014 106.19 Violations by candidates, persons connected with
1015 campaigns, and political committees.—
1016 (3) A political committee sponsoring a constitutional
1017 amendment proposed by initiative which submits a petition form
1018 gathered by a paid petition circulator which does not provide
1019 the name and address of the paid petition circulator on the form
1020 is subject to the civil penalties prescribed in s. 106.265.
1021 Section 18. Paragraph (c) of subsection (1) of section
1022 212.055, Florida Statutes, is amended to read:
1023 212.055 Discretionary sales surtaxes; legislative intent;
1024 authorization and use of proceeds.—It is the legislative intent
1025 that any authorization for imposition of a discretionary sales
1026 surtax shall be published in the Florida Statutes as a
1027 subsection of this section, irrespective of the duration of the
1028 levy. Each enactment shall specify the types of counties
1029 authorized to levy; the rate or rates which may be imposed; the
1030 maximum length of time the surtax may be imposed, if any; the
1031 procedure which must be followed to secure voter approval, if
1032 required; the purpose for which the proceeds may be expended;
1033 and such other requirements as the Legislature may provide.
1034 Taxable transactions and administrative procedures shall be as
1035 provided in s. 212.054.
1036 (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
1037 SURTAX.—
1038 (c)1. The proposal to adopt a discretionary sales surtax as
1039 provided in this subsection and to create a trust fund within
1040 the county accounts must shall be placed on the ballot in
1041 accordance with law and must be approved in a referendum held at
1042 a general election in accordance with subsection (10).
1043 2. If the proposal to adopt a surtax is by initiative, the
1044 petition sponsor must, at least 180 days before the proposed
1045 referendum, comply with all of the following:
1046 a. Provide a copy of the final resolution or ordinance to
1047 the Office of Program Policy Analysis and Government
1048 Accountability. The Office of Program Policy Analysis and
1049 Government Accountability shall procure a certified public
1050 accountant in accordance with subsection (11) for the
1051 performance audit.
1052 b. File the initiative petition and its required valid
1053 signatures with the supervisor of elections. The supervisor of
1054 elections shall verify signatures and retain signature forms in
1055 the same manner as required for initiatives under s. 100.371(14)
1056 s. 100.371(11).
1057 3. The failure of an initiative sponsor to comply with the
1058 requirements of subparagraph 2. renders any referendum held
1059 void.
1060 Section 19. Paragraph (d) is added to subsection (8) of
1061 section 895.02, Florida Statutes, to read:
1062 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
1063 (8) “Racketeering activity” means to commit, to attempt to
1064 commit, to conspire to commit, or to solicit, coerce, or
1065 intimidate another person to commit:
1066 (d) A violation of the Florida Election Code relating to
1067 irregularities or fraud involving issue petition activities.
1068 Section 20. (1) To ensure uniformity and integrity in the
1069 initiative process, a signed petition form may not be verified
1070 between July 1, 2025, and September 30, 2025.
1071 (2) A petition form gathered after July 1, 2025, must be
1072 delivered as provided in this act to the appropriate entity. The
1073 processing hold described in subsection (1) does not toll any
1074 timeframe requirements that petition circulators are required to
1075 meet and may not be used as a defense to any fine imposed for
1076 the late submission of any petition forms to the appropriate
1077 entity.
1078 Section 21. Except as otherwise provided in this act, this
1079 act shall take effect upon becoming a law.
1080
1081 ================= T I T L E A M E N D M E N T ================
1082 And the title is amended as follows:
1083 Delete everything before the enacting clause
1084 and insert:
1085 A bill to be entitled
1086 An act relating to amendments to the State
1087 Constitution; providing legislative findings and
1088 intent; amending s. 15.21, F.S.; requiring the
1089 Secretary of State to have received the ballot summary
1090 and the full text of the proposed revision or
1091 amendment to the State Constitution from the sponsor
1092 and to have received the financial impact statement
1093 from the Financial Impact Estimating Conference before
1094 submitting an initiative petition to the Attorney
1095 General; conforming a cross-reference; amending s.
1096 16.061, F.S.; revising the criteria that the Attorney
1097 General uses when petitioning the Supreme Court for an
1098 advisory opinion related to a proposed revision or
1099 amendment to the State Constitution; requiring that a
1100 copy of the petition form be provided to the sponsor
1101 of the initiative petition; conforming a cross
1102 reference; making a technical change; amending s.
1103 97.021, F.S.; revising the definition of the term
1104 “petition circulator”; reenacting and amending s.
1105 99.097, F.S.; conforming a cross-reference; conforming
1106 provisions to changes made by the act; amending s.
1107 100.371, F.S.; requiring the sponsor of an initiative
1108 petition to obtain a certain letter periodically;
1109 providing that a failure to obtain such letter results
1110 in the expiration of the initiative’s signatures and
1111 disbanding of the sponsor’s political committee;
1112 providing that certain initiative petition signatures
1113 expire and that the sponsor’s political committee is
1114 disbanded under specified conditions; providing that
1115 such sponsor is not precluded from refiling the
1116 proposed amendment as a new petition; prohibiting a
1117 sponsor from sponsoring more than one initiative
1118 amendment; requiring a sponsor to register as a
1119 political committee and submit the ballot title,
1120 ballot summary, article and section of the State
1121 Constitution being amended, and full text of the
1122 proposed amendment to the Secretary of State;
1123 requiring that all information be available in
1124 alternative formats upon request; requiring the
1125 secretary to assign a petition number and submit a
1126 copy of the proposed amendment to the Financial Impact
1127 Estimating Conference for review, analysis, and a
1128 certain estimate; requiring the Division of Elections
1129 to publish the forms on which petition signatures must
1130 be fixed; deleting a requirement that the secretary
1131 adopt certain rules; providing requirements, which are
1132 effective on a specified date, for the petition forms;
1133 prohibiting persons, beginning on a specified date,
1134 from collecting, delivering, or otherwise physically
1135 possessing more than a specified number of signed
1136 petition forms if they have not registered with the
1137 Secretary of State as a petition circulator and have
1138 not been issued a petition circulator number;
1139 authorizing specified persons to collect signed
1140 petitions forms from their immediate family under
1141 specified circumstances; defining the term “immediate
1142 family”; prohibiting certain persons from collecting
1143 signatures or initiative petitions; requiring that
1144 applications for registration include specified
1145 information; authorizing citizens to challenge a
1146 petition circulator’s registration by filing a
1147 petition in circuit court; authorizing the court to
1148 enjoin the petition circulator from collecting
1149 signatures or petition forms until registered;
1150 authorizing the division to revoke a petition
1151 circulator’s registration under specified
1152 circumstances; prohibiting persons from registering to
1153 collect signatures or initiative petitions until they
1154 complete a required training; providing the
1155 requirements for such training; providing civil
1156 penalties for the sponsors of initiative amendments
1157 that knowingly allow persons to collect petition forms
1158 on their behalf and violate specified provisions;
1159 prohibiting a sponsor from compensating a petition
1160 circulator based on the number of petition forms
1161 gathered or the time within which such forms are
1162 gathered; providing construction; requiring the
1163 division to make forms available to registered
1164 petition circulators in a certain format; deleting a
1165 requirement that supervisors of elections provide the
1166 division information on petition forms assigned to
1167 them; requiring sponsors to deliver forms promptly to
1168 the supervisor of elections in the county in which a
1169 voter resides within a specified timeframe after the
1170 form is signed; revising the civil penalties for
1171 failing to deliver forms within the prescribed
1172 timeframes; providing civil penalties for the sponsors
1173 of petitions if the person collecting petition forms
1174 on behalf of the sponsor signs the name of another,
1175 signs a fictitious name, or fills in missing
1176 information on the signed petition form; providing
1177 criminal penalties for persons who, while collecting
1178 petition forms, copy or retain a voter’s personal
1179 identifying information for a reason other than to
1180 provide such information to the sponsor of an
1181 initiative petition; providing civil penalties for
1182 sponsors who mail or provide prefilled initiative
1183 petitions; providing that sponsors that discover and
1184 report a violation as soon as practicable may not be
1185 fined for such violation; requiring the supervisor to
1186 record the date a submitted petition is received; re
1187 requiring the supervisor to notify the division of any
1188 misfiled petition; revising the conditions under which
1189 a supervisor verifies signatures to include processing
1190 of a certain fee; requiring supervisors, beginning on
1191 a specified date, to promptly record, in a specified
1192 manner, the date each form is received and the date
1193 the form is verified as valid; revising the conditions
1194 under which a supervisor may verify a signature on an
1195 initiative petition form; requiring supervisors to
1196 electronically transmit digital images, which must
1197 meet a specified standard, of all received petition
1198 forms to the division; requiring that such forms be
1199 identified as valid or invalid; requiring supervisors
1200 to retain all petition forms and identify those forms
1201 verified as valid from those deemed invalid until such
1202 forms are processed; requiring supervisors to deliver
1203 physical forms to the division; requiring the division
1204 to retain such forms for a specified timeframe;
1205 requiring supervisors to send a notice, which may be
1206 returned to the Office of Election Crimes and
1207 Security, to voters after their signature is verified,
1208 beginning on a specified date; providing requirements
1209 for such notice; requiring the Office of Election
1210 Crimes and Security to transmit copies of returned
1211 notices, upon receipt, to the division; requiring the
1212 division to deem the voter petition form invalid if a
1213 completed notice is received; providing that
1214 supervisors of elections are required to post on their
1215 websites the actual costs of signature verification
1216 for all petition forms, and that they may increase
1217 such costs annually by a specified date; specifying
1218 that such costs include costs related to certain
1219 actions; requiring supervisors to notify the Office of
1220 Election Crimes and Security under a specified
1221 condition; requiring the office to conduct specified
1222 preliminary investigations; authorizing the office to
1223 report findings of such investigations to the
1224 statewide prosecutor or a certain state attorney;
1225 providing that a signed petition form submitted by an
1226 ineligible or unregistered petition circulator must be
1227 invalidated; revising information related to signature
1228 verification which must be posted on the division’s
1229 website; requiring the Secretary of State to rescind
1230 the certificate of ballot position if an advisory
1231 opinion from the Supreme Court deems the initiative
1232 petition invalid; requiring the Financial Impact
1233 Estimating Conference to submit the financial impact
1234 statement to the Secretary of State; requiring a
1235 certain statement to be included on the ballot if the
1236 conference does not complete an analysis and financial
1237 impact statement within a specified timeframe;
1238 providing that only the President of the Senate and
1239 the Speaker of the House of Representatives, jointly,
1240 may convene the conference; revising the membership of
1241 the conference; deleting a provision authorizing the
1242 court to remand the financial impact statement to the
1243 conference to be redrafted; requiring that such
1244 statement appear on the petition form and ballot;
1245 requiring a sponsor to refile a petition as a new
1246 petition under certain circumstances; deleting a
1247 provision that deems financial impact statements
1248 approved for placement on the ballot under certain
1249 circumstances; requiring the Department of State to
1250 update petition forms by a specified date; requiring
1251 the department to make the petition circulator
1252 application available by a specified date; providing
1253 that each petition circulator registration expires on
1254 a specified date; requiring the department to notify
1255 such petition circulators of the expiration of their
1256 registration by a specified date; requiring the
1257 department to develop a certain training within a
1258 specified timeframe; authorizing supervisors of
1259 elections to increase the costs of signature
1260 verification before a specified date; requiring the
1261 supervisors to post such cost on their publicly
1262 available websites as soon as the cost is determined;
1263 amending s. 101.161, F.S.; requiring that a certain
1264 statement be included on the ballot if a financial
1265 impact statement was not produced or the Financial
1266 Impact Estimating Conference did not meet to produce
1267 one; conforming a cross-reference; amending s.
1268 102.111, F.S.; requiring the Elections Canvassing
1269 Commission to certify the returns of constitutional
1270 amendments; amending s. 102.121, F.S.; requiring the
1271 commission to make and sign separate certificates for
1272 constitutional amendments; providing requirements for
1273 such certificates; amending s. 102.168, F.S.;
1274 providing for standing to contest the adoption of a
1275 constitutional amendment by any qualified voter or
1276 taxpayer; revising the grounds on which such parties
1277 may contest an election or a constitutional amendment;
1278 providing that the commission and the sponsor of the
1279 amendment are indispensable parties in any such
1280 action; amending s. 104.185, F.S.; providing criminal
1281 penalties for persons who fill in missing information
1282 on a signed petition form to secure a ballot position
1283 for a candidate, a minor political party, or an issue;
1284 amending s. 104.186, F.S.; providing criminal
1285 penalties for persons who compensate others based on
1286 the number of petition forms gathered, as prohibited
1287 by a specified section; amending s. 104.187, F.S.;
1288 conforming a cross-reference; creating s. 104.188,
1289 F.S.; defining the term “immediate family”; providing
1290 criminal penalties for certain persons who collect,
1291 deliver, or otherwise physically possess more than a
1292 certain number of signed petition forms other than
1293 their own or forms belonging to an immediate family
1294 member; creating s. 106.151, F.S.; defining the term
1295 “public funds”; prohibiting an entity of state
1296 government or a person acting on behalf of such entity
1297 from expending or authorizing the expenditure of
1298 public funds for political advertisements or other
1299 communications sent to electors concerning a proposed
1300 constitutional amendment or revision; providing
1301 applicability; providing construction; amending s.
1302 106.19, F.S.; providing that political committees
1303 sponsoring a constitutional amendment are liable for
1304 specified civil fines for submitting petition forms
1305 that do not provide the name and address of the
1306 petition circulator gathering such forms, regardless
1307 of whether the petition circulator is paid; amending
1308 s. 212.055, F.S.; conforming a cross-reference;
1309 amending s. 895.02, F.S.; revising the definition of
1310 the term “racketeering activity” to provide criminal
1311 and civil penalties for violations of the Florida
1312 Election Code relating to irregularities or fraud
1313 involving issue petition activities; prohibiting the
1314 verification of a signed petition form for a specified
1315 timeframe; providing construction; providing effective
1316 dates.
1317
1318 WHEREAS, the Legislature and the Secretary of State, in
1319 their official capacities, have the duty and obligation to
1320 ensure ballot integrity and a valid election process, and
1321 WHEREAS, ballot integrity is necessary to ensure the
1322 effectiveness of the constitutionally provided initiative
1323 process, and
1324 WHEREAS, investigations conducted by the Office of Election
1325 Crimes and Security have shown that agents of political
1326 committees sponsoring initiative petitions engaged in illegal
1327 and fraudulent activities while gathering petition signatures in
1328 the lead-up to recent elections, and
1329 WHEREAS, the evidence brought forward indicates numerous
1330 instances of petition circulators being paid per signature,
1331 signing petition forms on behalf of deceased individuals,
1332 forging or misrepresenting voter signatures on petition forms,
1333 using voters’ personal identifying information without consent,
1334 committing perjury, and swearing false oaths, and
1335 WHEREAS, compensating a petition circulator based on the
1336 number of petition forms gathered is a violation of s. 104.186,
1337 Florida Statutes; signing another person’s name, whether dead or
1338 alive, or a fictitious name on a petition form is a violation of
1339 s. 104.185(2), Florida Statutes; and perjury or swearing a false
1340 oath is a violation of s. 837.02(1), Florida Statutes, and all
1341 such violations are third degree felonies under Florida law, and
1342 WHEREAS, fraudulently using another individual’s personal
1343 identification without his or her consent is a violation of s.
1344 817.568, Florida Statutes, and is, at minimum, a third degree
1345 felony, and
1346 WHEREAS, the fraudulent use of another individual’s
1347 personal identifying information becomes a second degree felony
1348 with a 3-year mandatory minimum prison sentence if the violation
1349 involves the information of more than 10 but fewer than 20
1350 persons, a 5-year mandatory minimum prison sentence if the
1351 violation involves the information of more than 20 but fewer
1352 than 30 persons, and a 10-year mandatory minimum prison sentence
1353 if the violation involves the information of more than 30
1354 persons, and
1355 WHEREAS, despite the fiduciary duty prescribed by Florida
1356 law, sponsors of initiative petitions have failed to cooperate
1357 with investigations and have attempted to deflect responsibility
1358 for the actions of petition circulators to contractors and
1359 subcontractors, the sponsors denying that they have custody or
1360 control of documents requested by state officials, and
1361 WHEREAS, sponsors, contractors, and petition circulators
1362 have blatantly attempted to evade investigation by delegating
1363 key aspects of petition activities to out-of-state entities, who
1364 then subcontracted with other individuals who were even further
1365 outside the reach of Florida authorities, and
1366 WHEREAS, evidence provided to the Office of Election Crimes
1367 and Security by supervisors of elections in several counties
1368 showed that petition circulators submitted petition forms on
1369 behalf of more than 50 deceased Floridians, and
1370 WHEREAS, information provided to the Office of Election
1371 Crimes and Security from multiple supervisors of elections and
1372 individual Florida voters showed that petition circulators
1373 committed perjury and swore false oaths by distributing petition
1374 forms with pre-signed attestations to groups of unregistered
1375 circulators, who then obtained signatures outside the registered
1376 circulator’s presence, and
1377 WHEREAS, investigations revealed that after petition forms
1378 were signed and submitted by voters, petition circulators
1379 tampered with the signed forms by using a website to obtain
1380 missing personal identifying information, and then filled in the
1381 incomplete petition forms, and
1382 WHEREAS, investigations indicated that some otherwise valid
1383 petition forms were obtained by fraud, with circulators
1384 misleading prospective signatories by telling them that the
1385 amendment did something other than what was described in the
1386 ballot summary or amendment language, or not showing the
1387 signatories what was on the ballot at all, and
1388 WHEREAS, evidence showed that petition circulators were
1389 able to obtain the four necessary elements of personal
1390 identifying information required on petitions — name, address,
1391 voter registration number or birthdate, and signature — using
1392 publicly available data to commit identity theft and complete
1393 dozens, hundreds, or even thousands of petitions without ever
1394 actually circulating a petition, and
1395 WHEREAS, the Office of Election Crimes and Security
1396 received complaints from many Florida voters whose information
1397 was fraudulently submitted on forms for at least four initiative
1398 petitions circulated for inclusion in the 2024 General Election,
1399 and
1400 WHEREAS, many of those complaints arose because some
1401 supervisors of elections notified a voter when a petition form
1402 bearing his or her name was rejected, which prompted such voters
1403 to contact the supervisor of elections or the Office of Election
1404 Crimes and Security to report potential fraud, and
1405 WHEREAS, Florida does not currently restrict eligibility of
1406 persons to register as petition circulators, even in cases where
1407 such persons are not United States citizens, reside in another
1408 state, or have been convicted of a felony but have not had their
1409 right to vote restored, and
1410 WHEREAS, at least one sponsor of an initiative amendment
1411 circulated during the 2024 General Election cycle settled a
1412 complaint with the Office of Election Crimes and Security for
1413 violations related to the petition process and agreed to pay
1414 $164,000 in fines, and
1415 WHEREAS, existing fines and penalties levied against
1416 petition sponsors engaging in, encouraging, or, at the very
1417 least, turning a blind eye to illegal activities related to the
1418 petition process appear to be inadequate deterrents, and
1419 WHEREAS, given its constitutional underpinnings, the right
1420 to propose an initiative by petition is inherent and absolute,
1421 but subject to reasonable regulations as necessary to ensure
1422 ballot integrity and a valid election process, NOW, THEREFORE,