Florida Senate - 2025 SB 7016
By the Committee on Ethics and Elections
582-02263-25 20257016__
1 A bill to be entitled
2 An act relating to initiative petitions proposing an
3 amendment to the State Constitution; providing
4 legislative findings and intent; amending s. 15.21,
5 F.S.; requiring the Secretary of State to have
6 received the ballot summary and the full text of the
7 proposed revision or amendment to the State
8 Constitution from the sponsor and to have received the
9 financial impact statement from the Financial Impact
10 Estimating Conference before submitting an initiative
11 petition to the Attorney General; conforming a cross
12 reference; amending s. 16.061, F.S.; revising the
13 criteria that the Attorney General uses when
14 petitioning the Supreme Court for an advisory opinion
15 related to a proposed revision or amendment to the
16 State Constitution; requiring that a copy of the
17 petition form be provided to the sponsor of the
18 initiative petition; conforming a cross-reference;
19 making a technical change; amending s. 97.021, F.S.;
20 revising the definition of the term “petition
21 circulator”; reenacting and amending s. 99.097, F.S.;
22 conforming a cross-reference; conforming a provision
23 to changes made by the act; amending s. 100.371, F.S.;
24 requiring the sponsor of an initiative petition to
25 obtain a certain letter periodically; providing that a
26 failure to obtain such letter results in the
27 expiration of the initiative’s signatures and
28 disbanding of the sponsor’s political committee;
29 providing that certain initiative petition signatures
30 expire and the sponsor’s political committee is
31 disbanded under specified conditions; providing that
32 such sponsor is not precluded from refiling the
33 proposed amendment as a new petition; prohibiting a
34 sponsor from sponsoring more than one initiative
35 amendment; requiring a sponsor to register as a
36 political committee and submit the ballot title,
37 ballot summary, article and section of the State
38 Constitution being amended, and full text of the
39 proposed amendment to the Secretary of State;
40 requiring that all information be available in
41 alternative formats upon request; requiring the
42 secretary to assign a petition number and submit a
43 copy of the proposed amendment to the Financial Impact
44 Estimating Conference for review, analysis, and a
45 certain estimate; requiring the Division of Elections
46 to publish the form on which petition signatures must
47 be fixed; deleting a requirement that the secretary
48 adopt certain rules; requiring a sponsor to post a
49 certain bond before circulating petition forms;
50 authorizing the waiver of such requirement if the
51 sponsor provides a certain written certification under
52 oath to the division; prohibiting sponsors from paying
53 petition circulators if granted a waiver; providing
54 that the waiver is rescinded and signatures may not be
55 verified under a specified circumstance; requiring
56 that monetary contributions received by the sponsor be
57 used for specified purposes, in a specified order;
58 authorizing the division to accept a cashier’s check,
59 official bank check, or money order in lieu of a bond;
60 providing the requirements for the petition form;
61 prohibiting persons, regardless of whether they are
62 compensated for collection, from collecting signatures
63 or initiative petitions if they have not been issued a
64 petition circulator number; authorizing specified
65 persons to collect signed initiative petitions from
66 their immediate family; prohibiting such persons from
67 physically possessing more than a certain number of
68 petition forms; defining the term “immediate family”;
69 authorizing the court to enjoin a petition circulator,
70 regardless of whether compensated, from collecting
71 signatures or initiative petitions until such petition
72 circulator is registered under a specified condition;
73 authorizing the division to revoke a petition
74 circulator’s registration if the petition circulator
75 commits certain violations; prohibiting certain
76 persons from collecting signatures or initiative
77 petitions; requiring that applications for
78 registration include specified information;
79 prohibiting persons from registering to collect
80 signatures or initiative petitions until they complete
81 a required training; providing the requirements for
82 such training; providing civil penalties for the
83 sponsors of initiative amendments that knowingly allow
84 persons to collect petition forms on their behalf and
85 violate specified provisions; prohibiting a sponsor
86 from compensating a petition circulator based on the
87 number of petition forms gathered or the time within
88 which such forms are gathered; providing construction;
89 requiring the division to make forms available to
90 registered petition circulators in a certain format;
91 deleting a requirement that supervisors of elections
92 provide the division information on petition forms
93 assigned to them; requiring sponsors to promptly
94 deliver forms to the supervisor of elections in the
95 county in which a voter resides within a specified
96 timeframe after the form is signed; revising the civil
97 penalties for failing to deliver forms within the
98 prescribed timeframes; providing civil penalties for
99 the sponsors of petitions if the person collecting
100 petition forms on behalf of the sponsor signs the name
101 of another, signs a fictitious name, or fills in
102 missing information on the petition form; providing
103 criminal penalties for persons who, while collecting
104 petition forms, copy or retain a voter’s personal
105 identifying information for a reason other than to
106 provide such information to the sponsor of an
107 initiative petition; providing civil penalties for
108 sponsors who mail or provide prefilled initiative
109 petitions; requiring the supervisor to record the date
110 a submitted petition is received; requiring the
111 supervisor to notify the division of any misfiled
112 petition; prohibiting the verification of signatures
113 until a deposit is received and processed by the
114 supervisor; requiring supervisors to notify sponsors
115 of the deposit amount which must be calculated in a
116 specified manner; requiring supervisors to notify
117 sponsors at the address of record of the need to
118 replenish the deposit amount; prohibiting the
119 verification of signatures until such deposit is
120 replenished; requiring the supervisor to request
121 replenishment of the deposit payment, and to notify
122 sponsors each time such deposit is required, until
123 specified circumstances occur; requiring the
124 supervisor to return any remaining balance under
125 specified conditions; revising the conditions under
126 which a supervisor may verify a signature on an
127 initiative petition form; requiring supervisors to
128 electronically transmit digital images, which must
129 meet a specified standard, of all signature forms to
130 the division; requiring supervisors to retain all
131 petition forms and identify those forms verified as
132 valid from those deemed invalid until such forms are
133 processed; requiring supervisors to deliver physical
134 forms to the division; requiring the division to
135 retain such forms for a specified timeframe; requiring
136 supervisors to send a notice, which may be returned to
137 the appropriate supervisor, to voters after their
138 signature is verified; providing requirements for such
139 notice; requiring the supervisor to revoke a voter’s
140 petition form under specified circumstances and notify
141 the division of such revocation; providing that
142 supervisors of elections are required to post on their
143 websites the actual costs of signature verification
144 for all petition forms, and that they may increase
145 such costs annually by a specified date; specifying
146 that such costs include costs related to certain
147 actions; revising the information relating to
148 verification of signatures which supervisors are
149 required to post on their website; requiring
150 supervisors to notify the Office of Election Crimes
151 and Security under a specified condition; requiring
152 the office to conduct a preliminary investigation;
153 authorizing the office to report findings of such
154 investigations to the statewide prosecutor or a
155 certain state attorney; providing that a signed
156 petition form submitted by an ineligible or
157 unregistered petition circulator must be invalidated;
158 requiring the Secretary of State to rescind the
159 certificate of ballot position if an advisory opinion
160 from the Supreme Court deems the initiative petition
161 invalid; requiring the Financial Impact Estimating
162 Conference to submit the financial impact statement to
163 the Secretary of State; requiring a certain statement
164 to be included on the ballot if the conference does
165 not complete an analysis and financial impact
166 statement within a specified timeframe; providing that
167 only the President of the Senate and the Speaker of
168 the House of Representatives, jointly, may convene the
169 conference; revising the membership of the conference;
170 deleting a provision authorizing the court to remand
171 the financial impact statement to the conference to be
172 redrafted; requiring such statement to appear on the
173 petition form and ballot; requiring a sponsor to
174 refile a petition as a new petition under certain
175 circumstances; deleting a provision that deems
176 financial impact statements approved for placement on
177 the ballot under certain circumstances; requiring the
178 Department of State to update petition forms within a
179 specified timeframe; requiring the department to make
180 the petition circulator application available within a
181 specified timeframe; providing that each petition
182 circulator registration expires on a specified date;
183 requiring the department to notify such petition
184 circulators of the expiration of their registration
185 within a specified timeframe; requiring the department
186 to develop a certain training within a specified
187 timeframe; authorizing supervisors of elections to
188 increase the costs of signature verification within a
189 specified timeframe; requiring the supervisors to post
190 such cost on their publicly available websites as soon
191 as the cost is determined; amending s. 101.161, F.S.;
192 requiring that a certain statement be included on the
193 ballot if a financial impact statement was not
194 produced or the Financial Impact Estimating Conference
195 did not meet to produce one; conforming a cross
196 reference; amending s. 102.111, F.S.; requiring the
197 Elections Canvassing Commission to certify the returns
198 of constitutional amendments; amending s. 102.121,
199 F.S.; requiring the commission to make and sign
200 separate certificates for constitutional amendments;
201 providing requirements for such certificates; amending
202 s. 102.168, F.S.; providing for standing to contest
203 the adoption of a constitutional amendment by any
204 qualified voter or taxpayer; revising the grounds on
205 which such parties may contest an election or a
206 constitutional amendment; providing that the
207 commission and the sponsor of the amendment are
208 indispensable parties in any such action; amending s.
209 104.185, F.S.; providing criminal penalties for
210 persons who fill in missing information on a petition
211 form to secure a ballot position for a candidate, a
212 minor political party, or an issue; amending s.
213 104.186, F.S.; providing criminal penalties for
214 persons who compensate others based on the number of
215 petition forms gathered, as prohibited by a specified
216 section; amending s. 104.187, F.S.; conforming a
217 cross-reference; creating s. 104.188, F.S.; defining
218 the term “immediate family”; providing criminal
219 penalties for certain persons who distribute, collect,
220 deliver, or otherwise physically possess more than a
221 certain number of petition forms other than their own
222 or forms belonging to an immediate family member;
223 creating s. 106.151, F.S.; prohibiting the use of
224 public funds to advocate for or against any matter
225 that is the subject of a constitutional amendment or
226 revision; providing construction; amending s. 106.19,
227 F.S.; providing that political committees sponsoring a
228 constitutional amendment are liable for specified
229 civil fines for submitting petition forms that do not
230 provide the name and address of the petition
231 circulator gathering such forms, regardless of whether
232 the petition circulator is paid; amending s. 212.055,
233 F.S.; conforming a cross-reference; amending s.
234 895.02, F.S.; revising the definition of the term
235 “racketeering activity” to provide criminal and civil
236 penalties for persons who commit crimes related to
237 petition circulators and sponsors of initiative
238 petitions; providing applicability; prohibiting the
239 verification of a signed petition form for a specified
240 period of time; providing construction; providing a
241 directive to the Division of Law Revision; providing
242 an effective date.
243
244 WHEREAS, the Legislature and the Secretary of State, in
245 their official capacities, have the duty and obligation to
246 ensure ballot integrity and a valid election process, and
247 WHEREAS, ballot integrity is necessary to ensure the
248 effectiveness of the constitutionally provided initiative
249 process, and
250 WHEREAS, investigations conducted by the Office of Election
251 Crimes and Security have shown that agents of political
252 committees sponsoring initiative petitions engaged in illegal
253 and fraudulent activities while gathering petition signatures in
254 the lead-up to the 2024 General Election, and
255 WHEREAS, the evidence brought forward indicates numerous
256 instances of petition circulators being paid per signature,
257 signing petition forms on behalf of deceased individuals,
258 forging or misrepresenting voter signatures on petition forms,
259 using voters’ personal identifying information without consent,
260 committing perjury, and swearing false oaths, and
261 WHEREAS, compensating a petition circulator based on the
262 number of petition forms gathered is a violation of s. 104.186,
263 Florida Statutes; signing another person’s name, whether dead or
264 alive, or a fictitious name on a petition form is a violation of
265 s. 104.185(2), Florida Statutes; and perjury or swearing a false
266 oath is a violation of s. 837.02(1), Florida Statutes, and all
267 such violations are third degree felonies under Florida law, and
268 WHEREAS, fraudulently using another individual’s personal
269 identification without his or her consent is a violation of s.
270 817.568, Florida Statutes, and is, at minimum, a third degree
271 felony, and
272 WHEREAS, the fraudulent use of another individual’s
273 personal identifying information becomes a second degree felony
274 with a 3-year mandatory minimum prison sentence if the violation
275 involves the information of more than 10 but fewer than 20
276 persons, a 5-year mandatory minimum prison sentence if the
277 violation involves the information of more than 20 but fewer
278 than 30 persons, and a 10-year mandatory minimum prison sentence
279 if the violation involves the information of more than 30
280 persons, and
281 WHEREAS, despite the fiduciary duty prescribed by Florida
282 law, sponsors of initiative petitions have failed to cooperate
283 with investigations and have attempted to deflect responsibility
284 for the actions of petition circulators to contractors and
285 subcontractors, the sponsors denying that they have custody or
286 control of documents requested by state officials, and
287 WHEREAS, sponsors, contractors, and petition circulators
288 have blatantly attempted to evade investigation by delegating
289 key aspects of petition activities to out-of-state entities, who
290 then subcontracted with other individuals who were even further
291 outside the reach of Florida authorities, and
292 WHEREAS, evidence provided to the Office of Election Crimes
293 and Security by supervisors of elections in several counties
294 showed that petition circulators submitted petition forms on
295 behalf of more than 50 deceased Floridians, and
296 WHEREAS, information provided to the Office of Election
297 Crimes and Security from multiple supervisors of elections and
298 individual Florida voters showed that petition circulators
299 committed perjury and swore false oaths by distributing petition
300 forms with pre-signed attestations to groups of unregistered
301 circulators, who then obtained signatures outside the registered
302 circulator’s presence, and
303 WHEREAS, investigations revealed that after petition forms
304 were signed and submitted by voters, petition circulators
305 tampered with the signed forms by using a website to obtain
306 missing personal identifying information, and then filled in the
307 incomplete petition forms, and
308 WHEREAS, investigations indicated that some otherwise valid
309 petition forms were obtained by fraud, with circulators
310 misleading prospective signatories by telling them that the
311 amendment did something other than what was described in the
312 ballot summary or amendment language, or not showing the
313 signatories what was on the ballot at all, and
314 WHEREAS, evidence showed that petition circulators were
315 able to obtain the four necessary elements of personal
316 identifying information required on petitions — name, address,
317 voter registration number or birthdate, and signature — using
318 publicly available data to commit identity theft and complete
319 dozens, hundreds, or even thousands of petitions without ever
320 actually circulating a petition, and
321 WHEREAS, the Office of Election Crimes and Security
322 received complaints from many Florida voters whose information
323 was fraudulently submitted on forms for at least four initiative
324 petitions circulated for inclusion in the 2024 General Election,
325 and
326 WHEREAS, many of those complaints arose because some
327 supervisors of elections notified a voter when a petition form
328 bearing his or her name was rejected, which prompted such voters
329 to contact the supervisor of elections or the Office of Election
330 Crimes and Security to report potential fraud, and
331 WHEREAS, Florida does not currently restrict eligibility of
332 persons to register as a petition circulator, even though such
333 persons may be from out of state or may have been convicted of a
334 felony for identity theft or election-related crimes, and
335 WHEREAS, at least one sponsor of an initiative amendment
336 circulated during the 2024 General Election cycle settled a
337 complaint with the Office of Election Crimes and Security for
338 violations related to the petition process and agreed to pay
339 $164,000 in fines, and
340 WHEREAS, existing fines and penalties levied against
341 petition sponsors engaging in, encouraging, or at the very least
342 turning a blind eye to illegal activities related to the
343 petition process appear to be inadequate deterrents, and
344 WHEREAS, given its constitutional underpinnings, the right
345 to propose an initiative by petition is inherent and absolute,
346 but subject to reasonable regulations as necessary to ensure
347 ballot integrity and a valid election process, NOW, THEREFORE,
348
349 Be It Enacted by the Legislature of the State of Florida:
350
351 Section 1. (1) The Legislature finds that the power to
352 propose an amendment to the State Constitution is reserved to
353 the people of Florida consistent with s. 3, Article XI of the
354 State Constitution. Evidence of fraud related to the process of
355 gathering signatures on petitions for constitutional amendments
356 compels the Legislature to act to protect the integrity of the
357 ballot, ensure a valid election process, and protect the
358 constitutionally provided initiative process.
359 (2) It is the intent of the Legislature to update the
360 reasonable regulations in place for petition circulators,
361 increase transparency and accountability for sponsors of
362 initiative petitions, provide prospective signatories with
363 objective information regarding the impact of a proposed
364 amendment, and deter, prevent, and penalize fraudulent
365 activities related to initiative petitions.
366 Section 2. Subsections (1) and (2) of section 15.21,
367 Florida Statutes, are amended to read:
368 15.21 Initiative petitions; s. 3, Art. XI, State
369 Constitution.—
370 (1) The Secretary of State shall immediately submit an
371 initiative petition to the Attorney General if the sponsor has:
372 (a) Registered as a political committee pursuant to s.
373 106.03;
374 (b) Submitted the ballot title, ballot summary substance,
375 and full text of the proposed revision or amendment to the
376 Secretary of State and received a financial impact statement
377 pursuant to ss. 100.371 and 101.161; and
378 (c) Obtained a letter from the Division of Elections
379 confirming that the sponsor has submitted to the appropriate
380 supervisors for verification, and the supervisors have verified,
381 forms signed and dated equal to 25 percent of the number of
382 electors statewide required by s. 3, Art. XI of the State
383 Constitution in one-half of the congressional districts of the
384 state.
385 (2) If the Secretary of State has submitted an initiative
386 petition to the Attorney General pursuant to subsection (1) but
387 the validity of the signatures for such initiative petition has
388 expired pursuant to s. 100.371(14)(a) s. 100.371(11)(a) before
389 securing ballot placement, the Secretary of State must promptly
390 notify the Attorney General. The Secretary of State may resubmit
391 the initiative petition to the Attorney General if the
392 initiative petition is later circulated for placement on the
393 ballot of a subsequent general election and the criteria under
394 subsection (1) are satisfied.
395 Section 3. Subsections (1), (2), and (3) of section 16.061,
396 Florida Statutes, are amended to read:
397 16.061 Initiative petitions.—
398 (1) The Attorney General shall, within 30 days after
399 receipt of a proposed revision or amendment to the State
400 Constitution by initiative petition from the Secretary of State,
401 petition the Supreme Court, requesting an advisory opinion
402 regarding the compliance of the text of the proposed amendment
403 or revision with s. 3, Art. XI of the State Constitution,
404 whether the proposed amendment is facially invalid under the
405 United States Constitution, and the compliance of the proposed
406 ballot title and substance with s. 101.161, and the compliance
407 of the financial impact statement with s. 100.371(16). The
408 petition may enumerate any specific factual issues that the
409 Attorney General believes would require a judicial
410 determination.
411 (2) A copy of the petition shall be provided to the
412 Secretary of State and the principal officer of the sponsor of
413 the initiative petition.
414 (3) Any financial fiscal impact statement that the Supreme
415 Court finds not to be in accordance with s. 100.371(16) must s.
416 100.371 shall be remanded solely to the Financial Impact
417 Estimating Conference for redrafting.
418 Section 4. Subsection (28) of section 97.021, Florida
419 Statutes, is amended to read:
420 97.021 Definitions.—For the purposes of this code, except
421 where the context clearly indicates otherwise, the term:
422 (28) “Petition circulator” means an entity or individual
423 who collects signatures for compensation for the purpose of
424 qualifying a proposed constitutional amendment for ballot
425 placement. The term does not include a person who collects
426 signatures from his or her spouse, parent, child, grandparent,
427 grandchild, or sibling, or the parent, child, grandparent,
428 grandchild, or sibling of his or her spouse.
429 Section 5. Paragraphs (a) and (d) of subsection (4) of
430 section 99.097, Florida Statutes, are amended, and paragraph (b)
431 of subsection (1) of that section is reenacted, to read:
432 99.097 Verification of signatures on petitions.—
433 (1)
434 (b) Rules and guidelines for petition verification shall be
435 adopted by the Department of State. Rules and guidelines for a
436 random sample method of verification may include a requirement
437 that petitions bear an additional number of names and
438 signatures, not to exceed 15 percent of the names and signatures
439 otherwise required. If the petitions do not meet such criteria
440 or if the petitions are prescribed by s. 100.371, the use of the
441 random sample method of verification is not available to
442 supervisors.
443 (4)(a) The supervisor must be paid in advance the sum of 10
444 cents for each signature checked or the actual cost of checking
445 such signature, whichever is less, by the candidate or, in the
446 case of a petition to have a local issue placed on the ballot,
447 by the person or organization submitting the petition. In the
448 case of a petition to place a statewide issue on the ballot, the
449 person or organization submitting the petition must pay the
450 supervisor in advance the cost posted by the supervisor pursuant
451 to s. 100.371(14) s. 100.371(11) for the actual cost of checking
452 signatures to place a statewide issue on the ballot.
453 (d) Except as provided in s. 100.371(14)(b), petitions must
454 be retained by the supervisors for a period of 1 year following
455 the election for which the petitions were circulated.
456 Section 6. Section 100.371, Florida Statutes, is amended to
457 read:
458 100.371 Initiatives; procedure for placement on ballot.—
459 (1)(a) Constitutional amendments proposed by initiative
460 shall be placed on the ballot for the general election, provided
461 the initiative petition has been filed with the Secretary of
462 State no later than February 1 of the year the general election
463 is held. A petition shall be deemed to be filed with the
464 Secretary of State upon the date the secretary determines that
465 valid and verified petition forms have been signed by the
466 constitutionally required number and distribution of voters
467 electors under this code.
468 (b) A sponsor of an initiative petition shall obtain, at
469 least every third election cycle, a letter pursuant to s.
470 15.21(1)(c). Failure to obtain such letter results in expiration
471 of the initiative petition’s signatures and disbanding of the
472 sponsor’s political committee.
473 (c) Initiative petition signatures expire and the sponsor’s
474 political committee is disbanded if a constitutional amendment
475 proposed by initiative submitted to the Secretary of State
476 before February 1, 2022, fails to obtain a letter pursuant to s.
477 15.21(1)(c) before February 1, 2026. This paragraph does not
478 preclude such a sponsor from refiling the proposed amendment as
479 a new petition.
480 (2) The sponsor of an initiative amendment may not sponsor
481 more than one amendment and shall, before circulating any
482 petition forms: prior to obtaining any signatures,
483 (a) Register as a political committee pursuant to s. 106.03
484 and submit the ballot title, ballot summary, article and section
485 of the State Constitution being amended, and full text of the
486 proposed amendment to the Secretary of State. The proposed
487 amendment and all forms filed in connection with this section
488 must, upon request, be made available in alternative formats,
489 with the form on which the signatures will be affixed, and shall
490 obtain the approval of the Secretary of State of such form. Upon
491 receipt, the Secretary of State shall assign the initiative
492 petition a petition number and submit a copy of the proposed
493 amendment to the Financial Impact Estimating Conference for
494 review, analysis, and estimation of the financial impact of the
495 proposed amendment. After the review by the Financial Impact
496 Estimating Conference, the division shall publish the form with
497 the information provided for in subsection (3) and on which
498 signatures for the initiative petition will be affixed The
499 Secretary of State shall adopt rules pursuant to s. 120.54
500 prescribing the style and requirements of such form. Upon filing
501 with the Secretary of State, the text of the proposed amendment
502 and all forms filed in connection with this section must, upon
503 request, be made available in alternative formats.
504 (b)1. Post a $1 million bond payable to the division. Such
505 bond must be conditioned upon the payment of all fines adjudged
506 against the sponsor. This requirement may be waived if a sponsor
507 cannot post such a bond without imposing an undue burden on the
508 sponsor’s resources and provides a written certification of such
509 inability given under oath to the division. However, a person
510 may not be paid to circulate petitions if an undue burden oath
511 has been filed pursuant to this paragraph. If a person is
512 subsequently paid to circulate petitions, the waiver of the bond
513 must be immediately rescinded, and signatures may not be
514 validated until the bond is posted and any outstanding fines
515 have been paid. If the sponsor receives a contribution as
516 defined in s. 106.011:
517 a. Monetary contributions must first be used to reimburse
518 the supervisor of elections for any verification fees that were
519 not paid because of the filing of an undue burden oath pursuant
520 to s. 99.097(4).
521 b. After the sponsor satisfies the obligation in sub
522 subparagraph a., contributions must be used to secure a bond as
523 required by this subsection.
524 c. After the sponsor satisfies the obligations in sub
525 subparagraphs a. and b., contributions may be used to pay
526 petition circulators.
527 2. In lieu of a bond, the division may accept a cashier’s
528 check, official bank check, or money order in the amount of the
529 bond.
530 (3)(a) The petition form must prominently display the
531 petition number, the ballot title, the ballot summary, and, for
532 a proposed amendment submitted to the Secretary of State after
533 the effective date of this act, the financial impact statement.
534 The petition form must also include the full text of the
535 proposed amendment; the name and address of the sponsor; and the
536 date received by the Secretary of State, a bar code associated
537 with the initiative petition, and a serial number, and must
538 solicit and require all of the following information:
539 1. The full name of the voter.
540 2. The voter’s address and county of legal residence.
541 3. The voter’s Florida voter registration number or date of
542 birth.
543 4. The voter’s Florida driver license number or the voter’s
544 Florida identification card number issued pursuant to s.
545 322.051, or the last four digits of the voter’s social security
546 number.
547 5. An attestation that the voter is a registered Florida
548 voter and is petitioning the Secretary of State to place the
549 proposed amendment on the ballot.
550 6. The voter’s signature and the date signed.
551 (b) The petition form must also include all of the
552 following:
553 1. The Petition Circulator’s Affidavit with the
554 circulator’s name, permanent address, and petition circulator
555 number.
556 2. The following statement, which must be signed and dated
557 by the circulator:
558
559 By my signature below, as petition circulator, I
560 verify that the petition was completed and signed by
561 the voter in my presence. Under penalty of perjury, I
562 declare that I have read the foregoing Petition
563 Circulator’s Affidavit, and the facts stated in it are
564 true.
565
566 3. A notice that the form becomes a public record upon
567 receipt by the supervisor of elections.
568 4. A notice that it is a misdemeanor of the first degree to
569 knowingly sign the same initiative petition more than once and
570 that the form will not be validated if all requested information
571 is not completed.
572 (c) The petition form must be in a type not less than 10
573 points. The length of the petition form may not exceed one page,
574 front and back.
575 (4)(a)1. A person may not collect signatures or initiative
576 petitions for compensation unless the person is registered as a
577 petition circulator with the Secretary of State and is issued a
578 petition circulator’s number.
579 2. Notwithstanding subparagraph 1., a person may collect
580 signed initiative petitions from his or her immediate family
581 without registering as a petition circulator. Such person may
582 not physically possess more than two petition forms in addition
583 to his or her own petition form or a petition form belonging to
584 an immediate family member. For the purposes of this subsection,
585 the term “immediate family” means a person’s spouse or the
586 parent, child, grandparent, grandchild, or sibling of the person
587 or the person’s spouse.
588 (b) A citizen may challenge a petition circulator’s
589 registration under this section by filing a petition in circuit
590 court. If the court finds that the respondent is not a
591 registered petition circulator, the court may enjoin the
592 respondent from collecting signatures or initiative petitions
593 for compensation until she or he is lawfully registered.
594 (c) The division may revoke a petition circulator’s
595 registration if the circulator violates this section.
596 (d)1. A person may not collect signatures or initiative
597 petitions if he or she has been convicted of a felony violation
598 and has not had his or her right to vote restored.
599 2. A person may not collect signatures or initiative
600 petitions if he or she is not a citizen of the United States.
601 (e)(4) An application for registration must be submitted in
602 the format required by the Secretary of State and must include
603 the following:
604 1.(a) The information required to be on the petition form
605 under s. 101.161, including the ballot summary and title as
606 received approved by the Secretary of State.
607 2.(b) The applicant’s name, permanent address, temporary
608 address, if applicable, and date of birth; a copy of his or her
609 driver license or identification card, regardless of whether
610 such license or identification card was issued by this state;
611 and the last four digits of his or her social security number.
612 3.(c) An address in this state at which the applicant will
613 accept service of process related to disputes concerning the
614 petition process, if the applicant is not a resident of this
615 state.
616 4.(d) A statement that the applicant consents to the
617 jurisdiction of the courts of this state in resolving disputes
618 concerning the petition process.
619 5.(e) Any information required by the Secretary of State to
620 verify the applicant’s identity or address.
621 6. Whether the applicant has been convicted of a felony
622 violation and has not had his or her right to vote restored, by
623 including the statement, “I affirm that I am not a convicted
624 felon, or, if I am, my right to vote has been restored.” and
625 providing a box for the applicant to check to affirm the
626 statement.
627 7. Whether the applicant is a citizen of the United States,
628 by asking the question, “Are you a citizen of the United States
629 of America?” and providing boxes for the applicant to check
630 whether the applicant is or is not a citizen of the United
631 States.
632 8. The signature of the applicant under penalty of perjury
633 for false swearing pursuant to s. 104.011, by which the
634 applicant swears or affirms that the information contained in
635 the application is true.
636 (f) A person may not register to collect signatures or
637 initiative petitions until he or she has completed the training
638 concerning the requirements for petition circulators. The
639 training must be developed by the division and may be in an
640 electronic format available on the division’s public website.
641 The training must, at a minimum, include the following:
642 1. An overview of the petition-gathering process.
643 2. An overview of the petition circulator registration
644 requirements.
645 3. An explanation that the sponsor of an initiative
646 amendment serves as a fiduciary to each voter who signs a
647 petition.
648 4. An explanation that the Florida Election Code prohibits
649 compensation or provision of any benefit based on the number of
650 petition signatures gathered.
651 5. The specific criminal penalties to which a petition
652 circulator may be subject for violating the Florida Election
653 Code.
654 (g) The sponsor of the initiative amendment is liable for a
655 fine in the amount of $50,000 for each person the sponsor
656 knowingly allows to collect petition forms on behalf of the
657 sponsor in violation of this subsection.
658 (5) A sponsor may not compensate a petition circulator
659 based on the number of petition forms gathered or the time
660 within which a number of petition forms is gathered. This
661 prohibition includes, but is not limited to, paying a specified
662 amount per petition form gathered, basing an hourly rate on the
663 number of petition forms gathered over a specified period of
664 time, or providing any other benefit or form of compensation
665 based on the number of petition forms gathered. All petitions
666 collected by a petition circulator must contain, in a format
667 required by the Secretary of State, a completed Petition
668 Circulator’s Affidavit which includes:
669 (a) The circulator’s name and permanent address;
670 (b) The following statement, which must be signed by the
671 circulator:
672
673 By my signature below, as petition circulator, I
674 verify that the petition was signed in my presence.
675 Under penalties of perjury, I declare that I have read
676 the foregoing Petition Circulator’s Affidavit and the
677 facts stated in it are true.
678
679 (6) The division or the supervisor of elections shall make
680 hard copy petition forms or electronic portable document format
681 petition forms available to registered petition circulators. All
682 such forms must contain information identifying the petition
683 circulator to which the forms are provided. The division shall
684 maintain a database of all registered petition circulators and
685 the petition forms assigned to each. Each supervisor of
686 elections shall provide to the division information on petition
687 forms assigned to and received from petition circulators. The
688 information must be provided in a format and at times as
689 required by the division by rule. The division must update
690 information on petition forms daily and make the information
691 publicly available.
692 (7)(a) A sponsor that collects petition forms or uses a
693 petition circulator to collect petition forms serves as a
694 fiduciary to the voter elector signing the petition form and
695 shall ensure, ensuring that any petition form entrusted to the
696 sponsor or petition circulator is shall be promptly delivered to
697 the supervisor of elections in the county in which the voter
698 resides within 10 30 days after the voter elector signs the
699 form. If a petition form collected by the sponsor or any
700 petition circulator is not promptly delivered to the supervisor
701 of elections, the sponsor is liable for the following fines:
702 1. A fine in the amount of $50 per each day late for each
703 petition form received by the supervisor of elections in the
704 county in which the voter resides more than 10 30 days after the
705 voter elector signed the petition form or the next business day,
706 if the office is closed. A fine in the amount of $2,500 $250 for
707 each petition form received if the sponsor or petition
708 circulator acted willfully.
709 2. A fine in the amount of $100 per each day late, up to a
710 maximum of $5,000, for each petition form collected by a sponsor
711 or a petition circulator, signed by a voter before February 1 of
712 the year the general election is held and received by the
713 supervisor of elections in the county in which the voter resides
714 after the deadline for such election. A fine in the amount of
715 $5,000 for each such petition form received if the sponsor or
716 petition circulator acted willfully.
717 3. A fine in the amount of $500 for each petition form
718 collected by a petition circulator which is not submitted to the
719 supervisor of elections in the county in which the voter
720 resides. A fine in the amount of $5,000 $1,000 for any petition
721 form not so submitted if the sponsor or petition circulator
722 acting on its behalf acted willfully.
723 (b) A showing by the sponsor that the failure to deliver
724 the petition form within the required timeframe is based upon
725 force majeure or impossibility of performance is an affirmative
726 defense to a violation of this subsection. The fines described
727 in this subsection may be waived upon a showing that the failure
728 to deliver the petition form promptly is based upon force
729 majeure or impossibility of performance.
730 (8) If a person collecting petition forms on behalf of a
731 sponsor of an initiative petition signs another person’s name or
732 a fictitious name to any petition, or fills in missing
733 information on a petition, to secure a ballot position in
734 violation of s. 104.185(2), the sponsor of the initiative
735 petition is liable for a fine in the amount of $5,000 for each
736 such petition.
737 (9) If a person collecting petition forms on behalf of a
738 sponsor of an initiative petition copies or retains a voter’s
739 personal information, such as the voter’s Florida driver license
740 number, Florida identification card number, social security
741 number, or signature, for any reason other than to provide such
742 information to the sponsor of the initiative petition, the
743 person commits a felony of the third degree, punishable as
744 provided in s. 775.082, s. 775.083, or s. 775.084.
745 (10) A sponsor of an initiative petition or person
746 collecting petition forms on behalf of a sponsor of an
747 initiative petition may not mail or otherwise provide a petition
748 form upon which any information about a voter has been filled in
749 before it is provided to the voter. A sponsor of an initiative
750 petition that violates this subsection is liable for a fine in
751 the amount of $50 for each such petition form.
752 (11)(8) If the Secretary of State reasonably believes that
753 a person or entity has committed a violation of this section,
754 the secretary may refer the matter to the Attorney General for
755 enforcement. The Attorney General may institute a civil action
756 for a violation of this section or to prevent a violation of
757 this section. An action for relief may include a permanent or
758 temporary injunction, a restraining order, or any other
759 appropriate order.
760 (12)(9) The division shall adopt by rule a complaint form
761 for a voter an elector who claims to have had his or her
762 signature misrepresented, forged, or not delivered to the
763 supervisor. The division shall also adopt rules to ensure the
764 integrity of the petition form gathering process, including
765 rules requiring sponsors to account for all petition forms used
766 by their agents. Such rules may require a sponsor or petition
767 circulator to provide identification information on each
768 petition form as determined by the department as needed to
769 assist in the accounting of petition forms.
770 (13)(10) The date on which a voter an elector signs a
771 petition form is presumed to be the date on which the petition
772 circulator received or collected the petition form.
773 (14)(a)(11)(a) An initiative petition form circulated for
774 signature may not be bundled with or attached to any other
775 petition. Each signature shall be dated when made and shall be
776 valid until the next February 1 occurring in an even-numbered
777 year for the purpose of the amendment appearing on the ballot
778 for the general election occurring in that same year, provided
779 all other requirements of law are met. The sponsor shall submit
780 signed and dated forms to the supervisor of elections for the
781 county of residence listed by the person signing the form for
782 verification of the number of valid signatures obtained. The
783 supervisor shall record the date each submitted petition is
784 received. If a signature on a petition is from a registered
785 voter in another county, the supervisor must shall notify the
786 petition sponsor and the division of the misfiled petition. The
787 supervisor shall promptly verify the signatures within 60 days
788 after receipt of the petition forms and payment of a fee for the
789 actual cost of signature verification incurred by the
790 supervisor. However, for petition forms submitted less than 60
791 days before February 1 of an even-numbered year, the supervisor
792 shall promptly verify the signatures within 30 days after
793 receipt of the form and payment of the fee for signature
794 verification.
795 (b) The verification of such signatures by the supervisor’s
796 office may not begin or continue to occur unless a deposit has
797 been received and processed by the supervisor. Each supervisor
798 shall notify the sponsor of the deposit amount required for his
799 or her office, which must be calculated based on the sum of the
800 supervisor’s cost estimate for processing initiative petition
801 forms times 10 percent of the county’s active registered voters
802 in each congressional district, as reported in the last general
803 election. Upon a supervisor’s receipt of completed petition
804 forms in an amount that equals 10 percent of the signatures
805 needed, the supervisor shall notify the sponsor at the address
806 of record of the need to replenish the deposit amount.
807 Verification of signatures may not continue until the
808 replenishment of the deposit payment has been received and
809 processed by the supervisor. A supervisor shall request the
810 replenishment of the deposit payment required by this paragraph
811 each time his or her office has received and processed 10
812 percent of the required signatures, until such time as the
813 sponsor notifies the supervisor that the initiative has achieved
814 ballot placement, that the deadline for verifying petition
815 signatures has passed for the current election cycle, or that
816 the sponsor has provided written notice to the supervisor and
817 the division that the sponsor seeks to close or withdraw the
818 initiative petition, at which time the supervisor shall return
819 any remaining balance of the deposit amount.
820 (c) The supervisor shall promptly record, in the manner
821 prescribed by the Secretary of State, the date each form is
822 received by the supervisor, and the date the signature on the
823 form is verified as valid. The supervisor may verify that the
824 signature on a form is valid only if:
825 1. The form contains the original signature of the
826 purported voter elector.
827 2. The purported voter elector has accurately recorded on
828 the form the date on which he or she signed the form.
829 3. The form sets forth the purported voter’s: elector’s
830 a. Full name;,
831 b. Address and, city, county of residence;, and
832 c. Voter registration number or date of birth; and
833 d. Florida driver license or Florida identification card
834 number issued pursuant to s. 322.051 or the last four digits of
835 the voter’s social security number.
836 4. The purported voter elector is, at the time he or she
837 signs the form and at the time the form is verified, a duly
838 qualified and registered voter elector in the state.
839 5. The signature was obtained legally, including that if a
840 paid petition circulator was used, the circulator was validly
841 registered under subsection (4) (3) when the signature was
842 obtained.
843
844 The supervisor shall retain all signature forms, separating
845 forms verified as valid from those deemed invalid, for at least
846 1 year following the election for which the petition was
847 circulated.
848 (d)1.(b) On the last day of each month, or on the last day
849 of each week from December 1 of an odd-numbered year through
850 February 1 of the following year, each supervisor shall
851 electronically transmit all signature forms to the division. The
852 digital images of the scanned signature forms must be of high
853 enough quality that division personnel are be able to accurately
854 discern elements contained in such forms. Forms that have been
855 verified as valid must be separated from those that have been
856 deemed invalid.
857 2. Each supervisor must retain all petition forms,
858 identifying forms verified as valid from those deemed invalid,
859 until all petition forms have been processed following the
860 February 1 deadline. As soon as practicable following the
861 processing of the last timely submitted petition form, but not
862 later than March 15 following the February 1 deadline, the
863 supervisor must deliver the physical forms to the division. The
864 division shall retain all petition forms for 1 year following
865 the election for which the petition was circulated.
866 (e) When the signature on the petition form is verified as
867 valid, the supervisor shall, as soon as practicable, notify the
868 voter by mail at the mailing address on file in the Florida
869 Voter Registration System.
870 1. Such notice must be sent by forwardable mail with a
871 postage prepaid preaddressed form, which may be returned to the
872 supervisor. The notice shall include contact information for the
873 supervisor of elections office, including the telephone number,
874 fax number, mailing address, and e-mail address. The notice must
875 include all of the following statements or information in
876 substantially the following form:
877 a. “A petition to place a proposed constitutional amendment
878 on the ballot for the next general election, bearing your name
879 and signature, has been received and verified by the Supervisor
880 of Elections Office.”
881 b. That the petition included:
882 (I) ...(Insert the petition serial number, ballot title,
883 ballot summary, and sponsoring committee)...; and
884 (II) ...(Insert the date the voter signed the petition, the
885 date the petition was received by the Supervisor of Elections
886 Office, and the date the petition was verified by the Supervisor
887 of Elections...
888 c. “Check the box, sign, and return this notice to your
889 Supervisor of Elections if you believe your signature has been
890 misrepresented or forged on a petition. The petition form in
891 question will be invalidated and not be counted toward the
892 number of signatures required to place this proposed
893 constitutional amendment on the ballot.”
894 d. “A returned notice must be received by the Supervisor of
895 Elections by February 1 of the year in which the general
896 election is held.”
897 2. Such notice must include both of the following:
898 a. A box for a voter to check if his or her signature was
899 misrepresented or forged on the petition and a blank space for
900 the voter to sign and date the return form attesting to such.
901 b. The following disclosure, which must be prominently
902 displayed beneath the space for the voter’s signature:
903
904 This notice becomes a public record upon receipt by
905 the Supervisor of Elections. It is a second degree
906 misdemeanor, punishable as provided in s. 775.082,
907 Florida Statutes, or s. 772.083, Florida Statutes, for
908 any person to knowingly make a false official
909 statement pursuant to s. 837.06, Florida Statutes.
910
911 3. Upon receiving a completed notice, the supervisor shall
912 revoke the voter’s petition form, which must be deemed invalid,
913 and the supervisor shall immediately notify the division.
914 (f) Each supervisor shall post the actual cost of signature
915 verification for petition forms received more than 60 days
916 before February 1 of an even-numbered year and for petition
917 forms received less than 60 days before February 1 of an even
918 numbered year on his or her website, and may increase such cost,
919 as necessary, annually on March 1 February 2 of each even
920 numbered year. These costs include operating and personnel costs
921 associated with comparing signatures, printing or sending
922 notices to voters that their signature has been verified, and
923 transmitting petition forms to the division. The division shall
924 also publish each county’s current cost on its website. The
925 division and each supervisor shall biennially review available
926 technology aimed at reducing verification costs.
927 (g)(c) On the last day of each month, or on the last day of
928 each week from December 1 of an odd-numbered year through
929 February 1 of the following year, each supervisor shall post on
930 his or her website the total number of signatures submitted, the
931 total number of invalid signatures, the total number of
932 signatures processed, total number of signatures revoked, and
933 the aggregate number of verified valid signatures and the
934 distribution of such signatures by congressional district for
935 each proposed amendment proposed by initiative, along with the
936 following information specific to the reporting period: the
937 total number of signed petition forms received, the total number
938 of signatures verified, the distribution of verified valid
939 signatures by congressional district, and the total number of
940 verified petition forms forwarded to the Secretary of State. For
941 any reporting period in which the percentage of signatures
942 deemed invalid exceeds 25 percent, the supervisor shall notify
943 the Office of Election Crimes and Security. The Office of
944 Election Crimes and Security, as authorized by s. 97.012(15) and
945 s. 97.022(1), shall conduct a preliminary investigation and may,
946 if warranted, report findings to the statewide prosecutor or the
947 state attorney for the judicial circuit in which the alleged
948 violation occurred for prosecution.
949 (h) A signed petition form submitted by an ineligible or
950 unregistered petition circulator must be invalidated and not
951 counted toward the number of necessary signatures for placement
952 on the ballot.
953 (15)(12) The Secretary of State shall determine from the
954 signatures verified by the supervisors of elections the total
955 number of verified valid signatures and the distribution of such
956 signatures by congressional districts, and the division shall
957 post such information on its website at the same intervals
958 specified in paragraph (14)(g) (11)(c). Upon a determination
959 that the requisite number and distribution of valid signatures
960 have been obtained, the secretary shall issue a certificate of
961 ballot position for that proposed amendment and shall assign a
962 designating number pursuant to s. 101.161. The secretary shall
963 rescind the certificate of ballot position if an advisory
964 opinion issued by the Supreme Court pursuant to s. 16.061(1)
965 deems the initiative petition invalid.
966 (16)(a)(13)(a) Upon receipt of a proposed revision or
967 amendment from the Secretary of State, the coordinator of the
968 Office of Economic and Demographic Research shall contact the
969 person identified as the sponsor to request an official list of
970 all persons authorized to speak on behalf of the named sponsor
971 and, if there is one, the sponsoring organization at meetings
972 held by the Financial Impact Estimating Conference. All other
973 persons must be deemed interested parties or proponents or
974 opponents of the initiative. The Financial Impact Estimating
975 Conference shall provide an opportunity for any representative
976 of the sponsor, interested parties, and proponents or opponents
977 of the initiative to submit information and may solicit
978 information or analysis from any other entities or agencies,
979 including the Office of Economic and Demographic Research At the
980 same time the Secretary of State submits an initiative petition
981 to the Attorney General pursuant to s. 15.21, the secretary
982 shall submit a copy of the initiative petition to the Financial
983 Impact Estimating Conference.
984 (b) Within 75 days after receipt of a proposed revision or
985 amendment to the State Constitution by initiative petition from
986 the Secretary of State, the Financial Impact Estimating
987 Conference shall complete an analysis and financial impact
988 statement to be placed on the ballot of the estimated increase
989 or decrease in any revenues or costs to state or local
990 governments and the overall impact to the state budget resulting
991 from the proposed initiative. The 75-day time limit is tolled
992 when the Legislature is in session. The Financial Impact
993 Estimating Conference shall submit the financial impact
994 statement to the Attorney General and Secretary of State. If the
995 initiative petition has been submitted to the Financial Impact
996 Estimating Conference but the validity of signatures has expired
997 and the initiative petition no longer qualifies for ballot
998 placement at the ensuing general election, the Secretary of
999 State must notify the Financial Impact Estimating Conference.
1000 The Financial Impact Estimating Conference does is not required
1001 to complete an analysis and financial impact statement for an
1002 initiative petition that fails to meet the requirements of
1003 subsection (1) for placement on the ballot before the 75-day
1004 time limit, including any tolling period, expires, the ballot
1005 must include the statement required by s. 101.161(1)(e). The
1006 initiative petition may be resubmitted to the Financial Impact
1007 Estimating Conference if the initiative petition meets the
1008 requisite criteria for a subsequent general election cycle. A
1009 new Financial Impact Estimating Conference shall be established
1010 at such time as the initiative petition again satisfies the
1011 criteria in s. 15.21(1).
1012 (b) Immediately upon receipt of a proposed revision or
1013 amendment from the Secretary of State, the coordinator of the
1014 Office of Economic and Demographic Research shall contact the
1015 person identified as the sponsor to request an official list of
1016 all persons authorized to speak on behalf of the named sponsor
1017 and, if there is one, the sponsoring organization at meetings
1018 held by the Financial Impact Estimating Conference. All other
1019 persons shall be deemed interested parties or proponents or
1020 opponents of the initiative. The Financial Impact Estimating
1021 Conference shall provide an opportunity for any representatives
1022 of the sponsor, interested parties, proponents, or opponents of
1023 the initiative to submit information and may solicit information
1024 or analysis from any other entities or agencies, including the
1025 Office of Economic and Demographic Research.
1026 (c) The Financial Impact Estimating Conference may be
1027 convened only by the President of the Senate and the Speaker of
1028 the House of Representatives, jointly. All meetings of the
1029 Financial Impact Estimating Conference shall be open to the
1030 public. The President of the Senate and the Speaker of the House
1031 of Representatives, jointly, shall be the sole judge for the
1032 interpretation, implementation, and enforcement of this
1033 subsection.
1034 1. The Financial Impact Estimating Conference is
1035 established to review, analyze, and estimate the financial
1036 impact of amendments to or revisions of the State Constitution
1037 proposed by initiative. The Financial Impact Estimating
1038 Conference shall consist of four principals: one person from the
1039 professional staff of the Executive Office of the Governor,
1040 designated by the Governor; the coordinator of the Office of
1041 Economic and Demographic Research, or his or her designee; one
1042 person from the professional staff of the Senate, designated by
1043 the President of the Senate; and one person from the
1044 professional staff of the House of Representatives, designated
1045 by the Speaker of the House of Representatives. Each principal
1046 shall have appropriate fiscal expertise in the subject matter of
1047 the initiative. A Financial Impact Estimating Conference may be
1048 appointed for each initiative.
1049 2. Principals of the Financial Impact Estimating Conference
1050 shall reach a consensus or majority concurrence on a clear and
1051 unambiguous financial impact statement, no more than 150 words
1052 in length, and immediately submit the statement to the Attorney
1053 General. Nothing in this subsection prohibits the Financial
1054 Impact Estimating Conference from setting forth a range of
1055 potential impacts in the financial impact statement. Any
1056 financial impact statement that a court finds not to be in
1057 accordance with this section shall be remanded solely to the
1058 Financial Impact Estimating Conference for redrafting. The
1059 Financial Impact Estimating Conference shall redraft the
1060 financial impact statement within 15 days.
1061 3. If the Supreme Court has rejected the initial submission
1062 by the Financial Impact Estimating Conference and no redraft has
1063 been approved by the Supreme Court by 5 p.m. on the 75th day
1064 before the election, the following statement shall appear on the
1065 ballot: “The impact of this measure, if any, has not been
1066 determined at this time.”
1067 (d) The financial impact statement must be separately
1068 contained on the petition form and the ballot and be set forth
1069 after the ballot summary as required in s. 101.161(1).
1070 1. If the financial impact statement projects a net
1071 negative impact on the state budget, the ballot must include the
1072 statement required by s. 101.161(1)(b).
1073 2. If the financial impact statement projects a net
1074 positive impact on the state budget, the ballot must include the
1075 statement required by s. 101.161(1)(c).
1076 3. If the financial impact statement estimates an
1077 indeterminate financial impact or if the members of the
1078 Financial Impact Estimating Conference are unable to agree on
1079 the statement required by this subsection, the ballot must
1080 include the statement required by s. 101.161(1)(d).
1081 4. If the financial impact statement was not produced or if
1082 the Financial Impact Estimating Conference did not meet to
1083 produce the financial statement, the ballot must include the
1084 statement required by s. 101.161(1)(e).
1085 (e)1. Any financial impact statement that the Supreme Court
1086 finds not to be in accordance with this subsection shall be
1087 remanded solely to the Financial Impact Estimating Conference
1088 for redrafting, provided the court’s advisory opinion is
1089 rendered at least 75 days before the election at which the
1090 question of ratifying the amendment will be presented. The
1091 Financial Impact Estimating Conference shall prepare and adopt a
1092 revised financial impact statement no later than 5 p.m. on the
1093 15th day after the date of the court’s opinion. The sponsor of
1094 the initiative must refile the petition with the revised
1095 financial impact statement with the Secretary of State as a new
1096 petition.
1097 2. If, by 5 p.m. on the 75th day before the election, the
1098 Supreme Court has not issued an advisory opinion on the initial
1099 financial impact statement prepared by the Financial Impact
1100 Estimating Conference for an initiative amendment that otherwise
1101 meets the legal requirements for ballot placement, the financial
1102 impact statement shall be deemed approved for placement on the
1103 ballot.
1104 (f)3. In addition to the financial impact statement
1105 required by this subsection, the Financial Impact Estimating
1106 Conference shall draft an initiative financial information
1107 statement. The initiative financial information statement should
1108 describe in greater detail than the financial impact statement
1109 any projected increase or decrease in revenues or costs that the
1110 state or local governments would likely experience if the ballot
1111 measure were approved. If appropriate, the initiative financial
1112 information statement may include both estimated dollar amounts
1113 and a description placing the estimated dollar amounts into
1114 context. The initiative financial information statement must
1115 include both a summary of not more than 500 words and additional
1116 detailed information that includes the assumptions that were
1117 made to develop the financial impacts, workpapers, and any other
1118 information deemed relevant by the Financial Impact Estimating
1119 Conference.
1120 (g)4. The Department of State shall have printed, and shall
1121 furnish to each supervisor of elections, a copy of the summary
1122 from the initiative financial information statements. The
1123 supervisors shall have the summary from the initiative financial
1124 information statements available at each polling place and at
1125 the main office of the supervisor of elections upon request.
1126 (h)5. The Secretary of State and the Office of Economic and
1127 Demographic Research shall make available on the Internet each
1128 initiative financial information statement in its entirety. In
1129 addition, each supervisor of elections whose office has a
1130 website shall post the summary from each initiative financial
1131 information statement on the website. Each supervisor shall
1132 include a copy of each summary from the initiative financial
1133 information statements and the Internet addresses for the
1134 information statements on the Secretary of State’s and the
1135 Office of Economic and Demographic Research’s websites in the
1136 publication or mailing required by s. 101.20.
1137 (17)(14) The Department of State may adopt rules in
1138 accordance with s. 120.54 to implement this section carry out
1139 the provisions of subsections (1)-(14).
1140 (18)(15) No provision of this code shall be deemed to
1141 prohibit a private person exercising lawful control over
1142 privately owned property, including property held open to the
1143 public for the purposes of a commercial enterprise, from
1144 excluding from such property persons seeking to engage in
1145 activity supporting or opposing initiative amendments.
1146 Section 7. (1) The Department of State shall, within 30
1147 days after the effective date of this act, update the forms as
1148 required by the amendments made to s. 100.371(3), Florida
1149 Statutes, for any proposed amendments received before the
1150 effective date of this act.
1151 (2)(a) The Department of State shall, within 30 days after
1152 the effective date of this act, make available a new petition
1153 circulator application to incorporate the amendments made to s.
1154 100.371(4), Florida Statutes.
1155 (b)1. Thirty days after the effective date of this act, the
1156 registration of each petition circulator expires.
1157 2. No later than 7 days after the effective date of this
1158 act, the Department of State shall notify each petition
1159 circulator that his or her registration is expiring and that he
1160 or she may reregister by completing a new application that will
1161 be available before the current registration expires.
1162 (c) The Department of State shall, within 30 days after the
1163 effective date of this act, develop the training required by s.
1164 100.371(4)(f), Florida Statutes.
1165 (3) A supervisor of elections may, within 90 days after the
1166 effective date of this act, increase the cost of signature
1167 verification pursuant to the amendments made to s.
1168 100.371(14)(c), Florida Statutes. A supervisor shall post the
1169 cost of signature verification on his or her publicly available
1170 website as soon as such cost is determined.
1171 Section 8. Paragraph (a) of subsection (1) of section
1172 101.161, Florida Statutes, is amended, and paragraph (e) is
1173 added to that subsection, to read:
1174 101.161 Referenda; ballots.—
1175 (1) Whenever a constitutional amendment or other public
1176 measure is submitted to the vote of the people, a ballot summary
1177 of such amendment or other public measure shall be printed in
1178 clear and unambiguous language on the ballot after the list of
1179 candidates, followed by the word “yes” and also by the word
1180 “no,” and shall be styled in such a manner that a “yes” vote
1181 will indicate approval of the proposal and a “no” vote will
1182 indicate rejection. The ballot summary of the amendment or other
1183 public measure and the ballot title to appear on the ballot
1184 shall be embodied in the constitutional revision commission
1185 proposal, constitutional convention proposal, taxation and
1186 budget reform commission proposal, or enabling resolution or
1187 ordinance. The ballot summary of the amendment or other public
1188 measure shall be an explanatory statement, not exceeding 75
1189 words in length, of the chief purpose of the measure. In
1190 addition, for every constitutional amendment proposed by
1191 initiative, the ballot shall include, following the ballot
1192 summary, in the following order:
1193 (a) A separate financial impact statement concerning the
1194 measure prepared by the Financial Impact Estimating Conference
1195 in accordance with s. 100.371(16) s. 100.371(13).
1196 (e) If the financial impact statement was not produced or
1197 if the Financial Impact Estimating Conference did not meet to
1198 produce the financial impact statement, the following statement
1199 in bold print:
1200
1201 THE FINANCIAL IMPACT OF THIS AMENDMENT, IF ANY, HAS
1202 NOT BEEN DETERMINED AT THIS TIME.
1203
1204 The ballot title shall consist of a caption, not exceeding 15
1205 words in length, by which the measure is commonly referred to or
1206 spoken of. This subsection does not apply to constitutional
1207 amendments or revisions proposed by joint resolution.
1208 Section 9. Subsection (2) of section 102.111, Florida
1209 Statutes, is amended to read:
1210 102.111 Elections Canvassing Commission.—
1211 (2) The Elections Canvassing Commission shall meet at 8
1212 a.m. on the 9th day after a primary election and at 8 a.m. on
1213 the 14th day after a general election to certify the returns of
1214 the election for each federal, state, and multicounty office and
1215 for each constitutional amendment. If a member of a county
1216 canvassing board that was constituted pursuant to s. 102.141
1217 determines, within 5 days after the certification by the
1218 Elections Canvassing Commission, that a typographical error
1219 occurred in the official returns of the county, the correction
1220 of which could result in a change in the outcome of an election,
1221 the county canvassing board must certify corrected returns to
1222 the Department of State within 24 hours, and the Elections
1223 Canvassing Commission must correct and recertify the election
1224 returns as soon as practicable.
1225 Section 10. Section 102.121, Florida Statutes, is amended
1226 to read:
1227 102.121 Elections Canvassing Commission to issue
1228 certificates.—The Elections Canvassing Commission shall make and
1229 sign separate certificates of the result of the election for
1230 federal officers, and state officers, and constitutional
1231 amendments, which certificates must shall be written and contain
1232 the total number of votes cast for and against each person for
1233 each office and the total number of votes cast for and against
1234 each constitutional amendment. The certificates, the one
1235 including the result of the election for presidential electors
1236 and representatives to Congress, and the other including the
1237 result of the election for state officers, shall be recorded in
1238 the Department of State in a book to be kept for that purpose.
1239 Section 11. Subsections (1), (3), and (4) of section
1240 102.168, Florida Statutes, are amended to read:
1241 102.168 Contest of election.—
1242 (1) Except as provided in s. 102.171, the certification of
1243 election or nomination of any person to office, or of the
1244 adoption of a constitutional amendment or the result on any
1245 question submitted by referendum, may be contested in the
1246 circuit court by any unsuccessful candidate for such office or
1247 nomination thereto or by any voter elector qualified to vote in
1248 the election related to such candidacy or constitutional
1249 amendment, or by any taxpayer, respectively.
1250 (3) The complaint must shall set forth the grounds on which
1251 the contestant intends to establish his or her right to such
1252 office; or set aside the result of the election on a submitted
1253 referendum or constitutional amendment. The grounds for
1254 contesting an election or a constitutional amendment under this
1255 section are:
1256 (a) Misconduct, fraud, or corruption on the part of any
1257 election official or any member of the canvassing board
1258 sufficient to change or place in doubt the result of the
1259 election.
1260 (b) Ineligibility of the successful candidate for the
1261 nomination or office in dispute or of the proposed
1262 constitutional amendment for placement on the ballot.
1263 (c) Receipt of a number of illegal votes or rejection of a
1264 number of legal votes sufficient to change or place in doubt the
1265 result of the election.
1266 (d) Proof that any voter elector, election official, or
1267 canvassing board member was given or offered a bribe or reward
1268 in money, property, or any other thing of value for the purpose
1269 of procuring the successful candidate’s nomination or election
1270 or determining the result on any question submitted by
1271 referendum or constitutional amendment.
1272 (4) The canvassing board responsible for canvassing the
1273 election is an indispensable party defendant in county and local
1274 elections. The Elections Canvassing Commission is an
1275 indispensable party defendant in federal, state, and multicounty
1276 elections, in elections for constitutional amendments, and in
1277 elections for justice of the Supreme Court, judge of a district
1278 court of appeal, and judge of a circuit court. The successful
1279 candidate is an indispensable party to any action brought to
1280 contest the election or nomination of a candidate. The sponsor
1281 of a constitutional amendment proposed by initiative petition,
1282 identified pursuant to s. 100.371, is an indispensable party to
1283 any action brought to contest such election.
1284 Section 12. Subsection (2) of section 104.185, Florida
1285 Statutes, is amended to read:
1286 104.185 Petitions; knowingly signing more than once;
1287 signing another person’s name or a fictitious name.—
1288 (2) A person who signs another person’s name or a
1289 fictitious name to any petition, or who fills in missing
1290 information on a petition, to secure ballot position for a
1291 candidate, a minor political party, or an issue commits a felony
1292 of the third degree, punishable as provided in s. 775.082, s.
1293 775.083, or s. 775.084.
1294 Section 13. Section 104.186, Florida Statutes, is amended
1295 to read:
1296 104.186 Initiative petitions; violations.—A person who
1297 compensates a petition circulator as defined in s. 97.021 based
1298 on the number of petition forms gathered, as prohibited by s.
1299 100.371(5), commits a felony of the third degree, punishable as
1300 provided in s. 775.082, s. 775.083, or s. 775.084. This section
1301 does not prohibit employment relationships that do not base
1302 payment on the number of signatures collected.
1303 Section 14. Section 104.187, Florida Statutes, is amended
1304 to read:
1305 104.187 Initiative petitions; registration.—A person who
1306 violates s. 100.371(4)(a)1. s. 100.371(3) commits a misdemeanor
1307 of the second degree, punishable as provided in s. 775.082 or s.
1308 775.083.
1309 Section 15. Section 104.188, Florida Statutes, is created
1310 to read:
1311 104.188 Petition forms gathered from immediate family;
1312 violations.—
1313 (1) For the purposes of this section, the term “immediate
1314 family” means a person’s spouse or the parent, child,
1315 grandparent, grandchild, or sibling of the person or the
1316 person’s spouse.
1317 (2) A person who distributes, collects, delivers, or
1318 otherwise physically possesses more than two signed petition
1319 forms in addition to his or her own petition form or a petition
1320 form belonging to an immediate family member, and who is not
1321 registered as a petition circulator pursuant to s.
1322 100.371(4)(a)1., commits a felony of the third degree,
1323 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1324 Section 16. Section 106.151, Florida Statutes, is created
1325 to read:
1326 106.151 Use of public funds prohibited.—Public funds may
1327 not be used to advocate for or against any matter that is the
1328 subject of an amendment or a revision to the State Constitution,
1329 regardless of whether the amendment or revision was proposed by
1330 the Legislature, through the initiative process, by the
1331 Constitution Revision Commission, by the Taxation and Budget
1332 Reform Commission, or by a constitutional convention. The
1333 prohibition includes the use of state funds to publish,
1334 broadcast, or disseminate public service messages concerning an
1335 amendment or a revision on the ballot, regardless of whether the
1336 public service messages are limited to factual information.
1337 Section 17. Subsection (3) of section 106.19, Florida
1338 Statutes, is amended to read:
1339 106.19 Violations by candidates, persons connected with
1340 campaigns, and political committees.—
1341 (3) A political committee sponsoring a constitutional
1342 amendment proposed by initiative which submits a petition form
1343 gathered by a paid petition circulator which does not provide
1344 the name and address of the paid petition circulator on the form
1345 is subject to the civil penalties prescribed in s. 106.265.
1346 Section 18. Paragraph (c) of subsection (1) of section
1347 212.055, Florida Statutes, is amended to read:
1348 212.055 Discretionary sales surtaxes; legislative intent;
1349 authorization and use of proceeds.—It is the legislative intent
1350 that any authorization for imposition of a discretionary sales
1351 surtax shall be published in the Florida Statutes as a
1352 subsection of this section, irrespective of the duration of the
1353 levy. Each enactment shall specify the types of counties
1354 authorized to levy; the rate or rates which may be imposed; the
1355 maximum length of time the surtax may be imposed, if any; the
1356 procedure which must be followed to secure voter approval, if
1357 required; the purpose for which the proceeds may be expended;
1358 and such other requirements as the Legislature may provide.
1359 Taxable transactions and administrative procedures shall be as
1360 provided in s. 212.054.
1361 (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
1362 SURTAX.—
1363 (c)1. The proposal to adopt a discretionary sales surtax as
1364 provided in this subsection and to create a trust fund within
1365 the county accounts shall be placed on the ballot in accordance
1366 with law and must be approved in a referendum held at a general
1367 election in accordance with subsection (10).
1368 2. If the proposal to adopt a surtax is by initiative, the
1369 petition sponsor must, at least 180 days before the proposed
1370 referendum, comply with all of the following:
1371 a. Provide a copy of the final resolution or ordinance to
1372 the Office of Program Policy Analysis and Government
1373 Accountability. The Office of Program Policy Analysis and
1374 Government Accountability shall procure a certified public
1375 accountant in accordance with subsection (11) for the
1376 performance audit.
1377 b. File the initiative petition and its required valid
1378 signatures with the supervisor of elections. The supervisor of
1379 elections shall verify signatures and retain signature forms in
1380 the same manner as required for initiatives under s. 100.371(14)
1381 s. 100.371(11).
1382 3. The failure of an initiative sponsor to comply with the
1383 requirements of subparagraph 2. renders any referendum held
1384 void.
1385 Section 19. Paragraph (a) of subsection (8) of section
1386 895.02, Florida Statutes, is amended to read:
1387 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
1388 (8) “Racketeering activity” means to commit, to attempt to
1389 commit, to conspire to commit, or to solicit, coerce, or
1390 intimidate another person to commit:
1391 (a) Any crime that is chargeable by petition, indictment,
1392 or information under the following provisions of the Florida
1393 Statutes:
1394 1. Section 100.371, relating to petition circulators and
1395 sponsors of initiative petitions.
1396 2. Section 104.155(2), relating to aiding or soliciting a
1397 noncitizen in voting.
1398 3.2. Section 210.18, relating to evasion of payment of
1399 cigarette taxes.
1400 4.3. Section 316.1935, relating to fleeing or attempting to
1401 elude a law enforcement officer and aggravated fleeing or
1402 eluding.
1403 5.4. Chapter 379, relating to the illegal sale, purchase,
1404 collection, harvest, capture, or possession of wild animal life,
1405 freshwater aquatic life, or marine life, and related crimes.
1406 6.5. Section 403.727(3)(b), relating to environmental
1407 control.
1408 7.6. Section 409.920 or s. 409.9201, relating to Medicaid
1409 fraud.
1410 8.7. Section 414.39, relating to public assistance fraud.
1411 9.8. Section 440.105 or s. 440.106, relating to workers’
1412 compensation.
1413 10.9. Section 443.071(4), relating to creation of a
1414 fictitious employer scheme to commit reemployment assistance
1415 fraud.
1416 11.10. Section 465.0161, relating to distribution of
1417 medicinal drugs without a permit as an Internet pharmacy.
1418 12.11. Section 499.0051, relating to crimes involving
1419 contraband, adulterated, or misbranded drugs.
1420 13.12. Part IV of chapter 501, relating to telemarketing.
1421 14.13. Chapter 517, relating to sale of securities and
1422 investor protection.
1423 15.14. Section 550.235 or s. 550.3551, relating to
1424 dogracing and horseracing.
1425 16.15. Chapter 550, relating to jai alai frontons.
1426 17.16. Section 551.109, relating to slot machine gaming.
1427 18.17. Chapter 552, relating to the manufacture,
1428 distribution, and use of explosives.
1429 19.18. Chapter 560, relating to money transmitters, if the
1430 violation is punishable as a felony.
1431 20.19. Chapter 562, relating to beverage law enforcement.
1432 21.20. Section 624.401, relating to transacting insurance
1433 without a certificate of authority, s. 624.437(4)(c)1., relating
1434 to operating an unauthorized multiple-employer welfare
1435 arrangement, or s. 626.902(1)(b), relating to representing or
1436 aiding an unauthorized insurer.
1437 22.21. Section 655.50, relating to reports of currency
1438 transactions, when such violation is punishable as a felony.
1439 23.22. Chapter 687, relating to interest and usurious
1440 practices.
1441 24.23. Section 721.08, s. 721.09, or s. 721.13, relating to
1442 real estate timeshare plans.
1443 25.24. Section 775.13(5)(b), relating to registration of
1444 persons found to have committed any offense for the purpose of
1445 benefiting, promoting, or furthering the interests of a criminal
1446 gang.
1447 26.25. Section 777.03, relating to commission of crimes by
1448 accessories after the fact.
1449 27.26. Chapter 782, relating to homicide.
1450 28.27. Chapter 784, relating to assault and battery.
1451 29.28. Chapter 787, relating to kidnapping, human
1452 smuggling, or human trafficking.
1453 30.29. Chapter 790, relating to weapons and firearms.
1454 31.30. Chapter 794, relating to sexual battery, but only if
1455 such crime was committed with the intent to benefit, promote, or
1456 further the interests of a criminal gang, or for the purpose of
1457 increasing a criminal gang member’s own standing or position
1458 within a criminal gang.
1459 32.31. Former s. 796.03, former s. 796.035, s. 796.04, s.
1460 796.05, or s. 796.07, relating to prostitution.
1461 33.32. Chapter 806, relating to arson and criminal
1462 mischief.
1463 34.33. Chapter 810, relating to burglary and trespass.
1464 35.34. Chapter 812, relating to theft, robbery, and related
1465 crimes.
1466 36.35. Chapter 815, relating to computer-related crimes.
1467 37.36. Chapter 817, relating to fraudulent practices, false
1468 pretenses, fraud generally, credit card crimes, and patient
1469 brokering.
1470 38.37. Chapter 825, relating to abuse, neglect, or
1471 exploitation of an elderly person or disabled adult.
1472 39.38. Section 827.071, relating to commercial sexual
1473 exploitation of children.
1474 40.39. Section 828.122, relating to fighting or baiting
1475 animals.
1476 41.40. Chapter 831, relating to forgery and counterfeiting.
1477 42.41. Chapter 832, relating to issuance of worthless
1478 checks and drafts.
1479 43.42. Section 836.05, relating to extortion.
1480 44.43. Chapter 837, relating to perjury.
1481 45.44. Chapter 838, relating to bribery and misuse of
1482 public office.
1483 46.45. Chapter 843, relating to obstruction of justice.
1484 47.46. Section 847.011, s. 847.012, s. 847.013, s. 847.06,
1485 or s. 847.07, relating to obscene literature and profanity.
1486 48.47. Chapter 849, relating to gambling, lottery, gambling
1487 or gaming devices, slot machines, or any of the provisions
1488 within that chapter.
1489 49.48. Chapter 874, relating to criminal gangs.
1490 50.49. Chapter 893, relating to drug abuse prevention and
1491 control.
1492 51.50. Chapter 896, relating to offenses related to
1493 financial transactions.
1494 52.51. Sections 914.22 and 914.23, relating to tampering
1495 with or harassing a witness, victim, or informant, and
1496 retaliation against a witness, victim, or informant.
1497 53.52. Sections 918.12 and 918.13, relating to tampering
1498 with jurors and evidence.
1499 Section 20. This act is intended to apply prospectively to
1500 the initiative petition process. If, before the effective date
1501 of this act, a person signs a petition form, circulates petition
1502 forms, submits a petition form to a supervisor, verifies the
1503 signatures on a petition, or submits a proposed amendment, the
1504 laws in effect on the day such person signs the petition form,
1505 circulates petition forms, submits a petition form, verifies the
1506 signature on a petition, or submits the proposed amendment
1507 apply.
1508 Section 21. (1) To ensure uniformity and integrity in the
1509 initiative process, a signed petition form may not be verified
1510 for a period of 90 days after the effective date of this act.
1511 (2) A petition form gathered after the effective date of
1512 this act must be delivered as provided in this act to the
1513 appropriate entity. The processing hold described in subsection
1514 (1) does not toll any timeframe requirements that petition
1515 circulators are required to meet and may not be used as a
1516 defense to any fine imposed for the late submission of any
1517 petition forms to the appropriate entity.
1518 Section 22. The Division of Law Revision is directed to
1519 replace the phrase “the effective date of this act” wherever it
1520 occurs in this act with the date this act becomes a law.
1521 Section 23. This act shall take effect upon becoming a law.