Florida Senate - 2025 (Proposed Bill) SPB 7016
FOR CONSIDERATION By the Committee on Ethics and Elections
582-02150A-25 20257016pb
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 the 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; providing the requirements for
49 the petition form; prohibiting persons, regardless of
50 whether they are compensated for collection, from
51 collecting signatures or initiative petitions if they
52 have not been issued a petition circulator number;
53 authorizing specified persons to collect signatures or
54 initiative petitions from their immediate family;
55 prohibiting such persons from physically possessing
56 more than a certain number of petition forms; defining
57 the term “immediate family”; authorizing the court to
58 enjoin a petition circulator, regardless of whether
59 compensated, from collecting signatures or initiative
60 petitions until such petition circulator is registered
61 under a specified condition; authorizing the division
62 to revoke a petition circulator’s registration if the
63 petition circulator commits certain violations;
64 prohibiting certain persons from collecting signatures
65 or initiative petitions; requiring that applications
66 for registration include specified information;
67 prohibiting persons from registering to collect
68 signatures or initiative petitions until they complete
69 a required training; providing the requirements for
70 such training; providing civil penalties for the
71 sponsors of initiative amendments that knowingly allow
72 persons to collect petition forms on their behalf and
73 violate specified provisions; prohibiting a sponsor
74 from compensating a petition circulator based on the
75 number of petition forms gathered; providing
76 construction; requiring the division to make forms
77 available to registered petition circulators in a
78 certain format; deleting a requirement that
79 supervisors of elections provide the division
80 information on petition forms assigned to them;
81 requiring sponsors to promptly deliver forms to the
82 supervisor of elections in the county in which a voter
83 resides within a specified timeframe after the form is
84 signed; revising the civil penalties for failing to
85 deliver forms within the prescribed timeframes;
86 providing civil penalties for the sponsors of
87 petitions if the person collecting petition forms is
88 convicted of signing the name of another, signing a
89 fictitious name, or filling in missing information on
90 the petition form; providing criminal penalties for
91 persons who, while collecting petition forms, copy or
92 retain a voter’s personal identifying information for
93 a reason other than to provide such information to the
94 sponsor of an initiative petition; providing civil
95 penalties for sponsors who mail or provide prefilled
96 initiative petitions; prohibiting the verification of
97 signatures until the required payment is received and
98 processed by the supervisor; revising the conditions
99 under which a supervisor may verify a signature on an
100 initiative petition form; requiring supervisors to
101 electronically transmit digital images, which must
102 meet a specified standard, of all signature forms to
103 the division; requiring supervisors to retain all
104 petition forms; requiring that forms verified as valid
105 be separated from those deemed invalid until such
106 forms are processed; requiring supervisors to deliver
107 physical forms to the division; requiring the division
108 to retain such forms for a specified timeframe;
109 requiring supervisors to send a notice, which may be
110 returned to the appropriate supervisor, to voters
111 after their signature is verified; providing
112 requirements for such notice; requiring the supervisor
113 to revoke a voter’s petition form under specified
114 circumstances and notify the division of such
115 revocation; providing that supervisors of elections
116 are required to post on their websites the actual
117 costs of signature verification for all petition
118 forms, and that they may increase such costs annually
119 by a specified date; specifying that such costs
120 include costs related to certain actions; revising the
121 information relating to verification of signatures
122 which supervisors are required to post on their
123 website; requiring supervisors to notify the Office of
124 Election Crimes and Security under a specified
125 condition; requiring the office to conduct a
126 preliminary investigation; authorizing the office to
127 report findings of such investigations to the
128 statewide prosecutor or a certain state attorney;
129 requiring the Secretary of State to rescind the
130 certificate of ballot position if an advisory opinion
131 from the Supreme Court deems the initiative petition
132 invalid; requiring the Financial Impact Estimating
133 Conference to submit the financial impact statement to
134 the Secretary of State; requiring a certain statement
135 to be included on the ballot if the conference does
136 not complete an analysis and financial impact
137 statement within a specified timeframe; providing that
138 only the President of the Senate and the Speaker of
139 the House of Representatives, jointly, may convene the
140 conference; revising the membership of the conference;
141 deleting a provision authorizing the court to remand
142 the financial impact statement to the conference to be
143 redrafted; requiring such statement to appear on the
144 petition form and ballot; requiring a sponsor to
145 refile a petition as a new petition under certain
146 circumstances; deleting a provision that deems
147 financial impact statements approved for placement on
148 the ballot under certain circumstances; requiring the
149 Department of State to update petition forms within a
150 specified timeframe; requiring the department to make
151 the petition circulator application available within a
152 specified timeframe; providing that each petition
153 circulator registration expires on a specified date;
154 requiring the department to notify such petition
155 circulators of the expiration of their registration
156 within a specified timeframe; authorizing supervisors
157 of elections to increase the costs of signature
158 verification within a specified timeframe; requiring
159 the supervisors to post such cost on their publicly
160 available websites as soon as the cost is determined;
161 amending s. 101.161, F.S.; requiring that a certain
162 statement be included on the ballot if a financial
163 impact statement was not produced or the Financial
164 Impact Estimating Conference did not meet to produce
165 one; conforming a cross-reference; amending s.
166 102.111, F.S.; requiring the Elections Canvassing
167 Commission to certify the returns of constitutional
168 amendments; amending s. 102.121, F.S.; requiring the
169 commission to make and sign separate certificates for
170 constitutional amendments; providing requirements for
171 such certificates; amending s. 102.168, F.S.;
172 providing for standing to contest the adoption of a
173 constitutional amendment by any qualified voter or
174 taxpayer; revising the grounds on which such parties
175 may contest an election or a constitutional amendment;
176 providing that the commission and the sponsor of the
177 amendment are indispensable parties in any such
178 action; amending s. 104.185, F.S.; providing criminal
179 penalties for persons who fill in missing information
180 on a petition form to secure a ballot position for a
181 candidate, a minor political party, or an issue;
182 amending s. 104.186, F.S.; providing criminal
183 penalties for persons who compensate others based on
184 the number of petition forms gathered, as prohibited
185 by a specified section; amending s. 104.187, F.S.;
186 conforming a cross-reference; creating s. 104.188,
187 F.S.; defining the term “immediate family”; providing
188 criminal penalties for certain persons who distribute,
189 collect, deliver, or otherwise physically possess more
190 than a certain number of petition forms other than
191 their own or forms belonging to an immediate family
192 member; amending s. 106.19, F.S.; providing that
193 political committees sponsoring a constitutional
194 amendment are liable for specified civil fines for
195 submitting petition forms that do not provide the name
196 and address of the petition circulator gathering such
197 forms, regardless of whether the petition circulator
198 is paid; amending s. 212.055, F.S.; conforming a
199 cross-reference; amending s. 895.02, F.S.; revising
200 the definition of the term “racketeering activity” to
201 provide criminal and civil penalties for persons who
202 commit crimes related to petition circulators and
203 sponsors of initiative petitions; providing
204 applicability; prohibiting the verification of a
205 signed petition form for a specified period of time;
206 providing construction; providing a directive to the
207 Division of Law Revision; providing an effective date.
208
209 WHEREAS, the Legislature and the Secretary of State, in
210 their official capacities, have the duty and obligation to
211 ensure ballot integrity and a valid election process, and
212 WHEREAS, ballot integrity is necessary to ensure the
213 effectiveness of the constitutionally provided initiative
214 process, and
215 WHEREAS, investigations conducted by the Office of Election
216 Crimes and Security have shown that agents of political
217 committees sponsoring initiative petitions engaged in illegal
218 and fraudulent activities while gathering petition signatures in
219 the lead-up to the 2024 General Election, and
220 WHEREAS, the evidence brought forward indicates numerous
221 instances of petition circulators being paid per signature,
222 signing petition forms on behalf of deceased individuals,
223 forging or misrepresenting voter signatures on petition forms,
224 using voters’ personal identifying information without consent,
225 committing perjury, and swearing false oaths, and
226 WHEREAS, compensating a petition circulator based on the
227 number of petition forms gathered is a violation of s. 104.186,
228 Florida Statutes; signing another person’s name, whether dead or
229 alive, or a fictitious name on a petition form is a violation of
230 s. 104.185(2), Florida Statutes; and perjury or swearing a false
231 oath is a violation of s. 837.02(1), Florida Statutes, and all
232 such violations are third degree felonies under Florida law, and
233 WHEREAS, fraudulently using another individual’s personal
234 identification without his or her consent is a violation of s.
235 817.568, Florida Statutes, and is, at minimum, a third degree
236 felony, and
237 WHEREAS, the fraudulent use of another individual’s
238 personal identifying information becomes a second degree felony
239 with a 3-year mandatory minimum prison sentence if the violation
240 involves the information of more than 10 but fewer than 20
241 persons, a 5-year mandatory minimum prison sentence if the
242 violation involves the information of more than 20 but fewer
243 than 30 persons, and a 10-year mandatory minimum prison sentence
244 if the violation involves the information of more than 30
245 persons, and
246 WHEREAS, despite the fiduciary duty prescribed by Florida
247 law, sponsors of initiative petitions have failed to cooperate
248 with investigations and have attempted to deflect responsibility
249 for the actions of petition circulators to contractors and
250 subcontractors, the sponsors denying that they have custody or
251 control of documents requested by state officials, and
252 WHEREAS, sponsors, contractors, and petition circulators
253 have blatantly attempted to evade investigation by delegating
254 key aspects of petition activities to out-of-state entities, who
255 then subcontracted with other individuals who were even further
256 outside the reach of Florida authorities, and
257 WHEREAS, evidence provided to the Office of Election Crimes
258 and Security by supervisors of elections in several counties
259 showed that petition circulators submitted petition forms on
260 behalf of more than 50 deceased Floridians, and
261 WHEREAS, information provided to the Office of Election
262 Crimes and Security from multiple supervisors of elections and
263 individual Florida voters showed that petition circulators
264 committed perjury and swore false oaths by distributing petition
265 forms with pre-signed attestations to groups of unregistered
266 circulators, who then obtained signatures outside the registered
267 circulator’s presence, and
268 WHEREAS, investigations revealed that after petition forms
269 were signed and submitted by voters, petition circulators
270 tampered with the signed forms by using a website to obtain
271 missing personal identifying information, and then filled in the
272 incomplete petition forms, and
273 WHEREAS, investigations indicated that some otherwise valid
274 petition forms were obtained by fraud, with circulators
275 misleading prospective signatories by telling them that the
276 amendment did something other than what was described in the
277 ballot summary or amendment language, or not showing the
278 signatories what was on the ballot at all, and
279 WHEREAS, evidence showed that petition circulators were
280 able to obtain the four necessary elements of personal
281 identifying information required on petitions — name, address,
282 voter registration number or birthdate, and signature — using
283 publicly available data to commit identity theft and complete
284 dozens, hundreds, or even thousands of petitions without ever
285 actually circulating a petition, and
286 WHEREAS, the Office of Election Crimes and Security
287 received complaints from many Florida voters whose information
288 was fraudulently submitted on forms for at least four initiative
289 petitions circulated for inclusion in the 2024 General Election,
290 and
291 WHEREAS, many of those complaints arose because some
292 supervisors of elections notified a voter when a petition form
293 bearing his or her name was rejected, which prompted such voters
294 to contact the supervisor of elections or the Office of Election
295 Crimes and Security to report potential fraud, and
296 WHEREAS, Florida does not currently restrict eligibility of
297 persons to register as a petition circulator, even though such
298 persons may be from out of state or may have been convicted of a
299 felony for identity theft or election-related crimes, and
300 WHEREAS, at least one sponsor of an initiative amendment
301 circulated during the 2024 General Election cycle settled a
302 complaint with the Office of Election Crimes and Security for
303 violations related to the petition process and agreed to pay
304 $164,000 in fines, and
305 WHEREAS, existing fines and penalties levied against
306 petition sponsors engaging in, encouraging, or at the very least
307 turning a blind eye to illegal activities related to the
308 petition process appear to be inadequate deterrents, and
309 WHEREAS, given its constitutional underpinnings, the right
310 to propose an initiative by petition is inherent and absolute,
311 but subject to reasonable regulations as necessary to ensure
312 ballot integrity and a valid election process, NOW, THEREFORE,
313
314 Be It Enacted by the Legislature of the State of Florida:
315
316 Section 1. (1) The Legislature finds that the power to
317 propose an amendment to the State Constitution is reserved to
318 the people of Florida consistent with s. 3, Article XI of the
319 State Constitution. Evidence of fraud related to the process of
320 gathering signatures on petitions for constitutional amendments
321 compels the Legislature to act to protect the integrity of the
322 ballot, ensure a valid election process, and protect the
323 constitutionally provided initiative process.
324 (2) It is the intent of the Legislature to update the
325 reasonable regulations in place for petition circulators,
326 increase transparency and accountability for sponsors of
327 initiative petitions, provide prospective signatories with
328 objective information regarding the impact of a proposed
329 amendment, and deter, prevent, and penalize fraudulent
330 activities related to initiative petitions.
331 Section 2. Subsections (1) and (2) of section 15.21,
332 Florida Statutes, are amended to read:
333 15.21 Initiative petitions; s. 3, Art. XI, State
334 Constitution.—
335 (1) The Secretary of State shall immediately submit an
336 initiative petition to the Attorney General if the sponsor has:
337 (a) Registered as a political committee pursuant to s.
338 106.03;
339 (b) Submitted the ballot title, ballot summary substance,
340 and full text of the proposed revision or amendment to the
341 Secretary of State and received a financial impact statement
342 pursuant to ss. 100.371 and 101.161; and
343 (c) Obtained a letter from the Division of Elections
344 confirming that the sponsor has submitted to the appropriate
345 supervisors for verification, and the supervisors have verified,
346 forms signed and dated equal to 25 percent of the number of
347 electors statewide required by s. 3, Art. XI of the State
348 Constitution in one-half of the congressional districts of the
349 state.
350 (2) If the Secretary of State has submitted an initiative
351 petition to the Attorney General pursuant to subsection (1) but
352 the validity of the signatures for such initiative petition has
353 expired pursuant to s. 100.371(14)(a) s. 100.371(11)(a) before
354 securing ballot placement, the Secretary of State must promptly
355 notify the Attorney General. The Secretary of State may resubmit
356 the initiative petition to the Attorney General if the
357 initiative petition is later circulated for placement on the
358 ballot of a subsequent general election and the criteria under
359 subsection (1) are satisfied.
360 Section 3. Subsections (1), (2), and (3) of section 16.061,
361 Florida Statutes, are amended to read:
362 16.061 Initiative petitions.—
363 (1) The Attorney General shall, within 30 days after
364 receipt of a proposed revision or amendment to the State
365 Constitution by initiative petition from the Secretary of State,
366 petition the Supreme Court, requesting an advisory opinion
367 regarding the compliance of the text of the proposed amendment
368 or revision with s. 3, Art. XI of the State Constitution,
369 whether the proposed amendment is facially invalid under the
370 United States Constitution, and the compliance of the proposed
371 ballot title and substance with s. 101.161, and the compliance
372 of the financial impact statement with s. 100.371(16). The
373 petition may enumerate any specific factual issues that the
374 Attorney General believes would require a judicial
375 determination.
376 (2) A copy of the petition shall be provided to the
377 Secretary of State and the principal officer of the sponsor of
378 the initiative petition.
379 (3) Any financial fiscal impact statement that the Supreme
380 Court finds not to be in accordance with s. 100.371(16) must s.
381 100.371 shall be remanded solely to the Financial Impact
382 Estimating Conference for redrafting.
383 Section 4. Subsection (28) of section 97.021, Florida
384 Statutes, is amended to read:
385 97.021 Definitions.—For the purposes of this code, except
386 where the context clearly indicates otherwise, the term:
387 (28) “Petition circulator” means an entity or individual
388 who collects signatures for compensation for the purpose of
389 qualifying a proposed constitutional amendment for ballot
390 placement. The term does not include a person who collects
391 signatures from his or her spouse, parent, child, grandparent,
392 grandchild, or sibling, or the parent, child, grandparent,
393 grandchild, or sibling of his or her spouse.
394 Section 5. Paragraphs (a) and (d) of subsection (4) of
395 section 99.097, Florida Statutes, are amended, and paragraph (b)
396 of subsection (1) of that section is reenacted, to read:
397 99.097 Verification of signatures on petitions.—
398 (1)
399 (b) Rules and guidelines for petition verification shall be
400 adopted by the Department of State. Rules and guidelines for a
401 random sample method of verification may include a requirement
402 that petitions bear an additional number of names and
403 signatures, not to exceed 15 percent of the names and signatures
404 otherwise required. If the petitions do not meet such criteria
405 or if the petitions are prescribed by s. 100.371, the use of the
406 random sample method of verification is not available to
407 supervisors.
408 (4)(a) The supervisor must be paid in advance the sum of 10
409 cents for each signature checked or the actual cost of checking
410 such signature, whichever is less, by the candidate or, in the
411 case of a petition to have a local issue placed on the ballot,
412 by the person or organization submitting the petition. In the
413 case of a petition to place a statewide issue on the ballot, the
414 person or organization submitting the petition must pay the
415 supervisor in advance the cost posted by the supervisor pursuant
416 to s. 100.371(14) s. 100.371(11) for the actual cost of checking
417 signatures to place a statewide issue on the ballot.
418 (d) Except as provided in s. 100.371(14)(b), petitions must
419 be retained by the supervisors for a period of 1 year following
420 the election for which the petitions were circulated.
421 Section 6. Section 100.371, Florida Statutes, is amended to
422 read:
423 100.371 Initiatives; procedure for placement on ballot.—
424 (1)(a) Constitutional amendments proposed by initiative
425 shall be placed on the ballot for the general election, provided
426 the initiative petition has been filed with the Secretary of
427 State no later than February 1 of the year the general election
428 is held. A petition shall be deemed to be filed with the
429 Secretary of State upon the date the secretary determines that
430 valid and verified petition forms have been signed by the
431 constitutionally required number and distribution of voters
432 electors under this code.
433 (b) A sponsor of an initiative petition shall obtain, at
434 least every third election cycle, a letter pursuant to s.
435 15.21(1)(c). Failure to obtain such letter results in expiration
436 of the initiative petition’s signatures and disbanding of the
437 sponsor’s political committee.
438 (c) Initiative petition signatures expire and the sponsor’s
439 political committee is disbanded if a constitutional amendment
440 proposed by initiative submitted to the Secretary of State
441 before February 1, 2022, fails to obtain a letter pursuant to s.
442 15.21(1)(c) before February 1, 2026. This paragraph does not
443 preclude such a sponsor from refiling the proposed amendment as
444 a new petition.
445 (2) The sponsor of an initiative amendment may not sponsor
446 more than one amendment and shall, before circulating any
447 petition forms prior to obtaining any signatures, register as a
448 political committee pursuant to s. 106.03 and submit the ballot
449 title, ballot summary, article and section of the State
450 Constitution being amended, and the full text of the proposed
451 amendment to the Secretary of State. The proposed amendment and
452 all forms filed in connection with this section must, upon
453 request, be made available in alternative formats, with the form
454 on which the signatures will be affixed, and shall obtain the
455 approval of the Secretary of State of such form. Upon receipt,
456 the Secretary of State shall assign the initiative petition a
457 petition number and submit a copy of the proposed amendment to
458 the Financial Impact Estimating Conference for review, analysis,
459 and estimation of the financial impact of the proposed
460 amendment. After the review by the Financial Impact Estimating
461 Conference, the division shall publish the form with the
462 information provided for in subsection (3) and on which
463 signatures for the initiative petition will be affixed The
464 Secretary of State shall adopt rules pursuant to s. 120.54
465 prescribing the style and requirements of such form. Upon filing
466 with the Secretary of State, the text of the proposed amendment
467 and all forms filed in connection with this section must, upon
468 request, be made available in alternative formats.
469 (3)(a) The petition form must prominently display the
470 petition number, the ballot title, the ballot summary, and, for
471 a proposed amendment submitted to the Secretary of State after
472 the effective date of this act, the financial impact statement.
473 The petition form must also include the full text of the
474 proposed amendment; the name and address of the sponsor; and the
475 date received by the Secretary of State, a bar code associated
476 with the initiative petition, and a serial number, and must
477 solicit and require all of the following information:
478 1. The full name of the voter.
479 2. The voter’s address and county of legal residence.
480 3. The voter’s Florida voter registration number or date of
481 birth.
482 4. The voter’s Florida driver license number or the voter’s
483 Florida identification card number issued pursuant to s.
484 322.051, or the last four digits of the voter’s social security
485 number.
486 5. An attestation that the voter is a registered Florida
487 voter and is petitioning the Secretary of State to place the
488 proposed amendment on the ballot.
489 6. The voter’s signature and the date signed.
490 (b) The petition form must also include all of the
491 following:
492 1. The Petition Circulator’s Affidavit with the
493 circulator’s name, permanent address, and petition circulator
494 number.
495 2. The following statement, which must be signed and dated
496 by the circulator:
497
498 By my signature below, as petition circulator, I
499 verify that the petition was completed and signed by
500 the voter in my presence. Under penalty of perjury, I
501 declare that I have read the foregoing Petition
502 Circulator’s Affidavit, and the facts stated in it are
503 true.
504
505 3. A notice that the form becomes a public record upon
506 receipt by the supervisor of elections.
507 4. A notice that it is a misdemeanor of the first degree to
508 knowingly sign the same initiative petition more than once and
509 that the form will not be validated if all requested information
510 is not completed.
511 (4)(a)1. A person may not collect signatures or initiative
512 petitions for compensation unless the person is registered as a
513 petition circulator with the Secretary of State and is issued a
514 petition circulator’s number.
515 2. Notwithstanding subparagraph 1., a person may collect
516 signatures or initiative petitions from his or her immediate
517 family without registering as a petition circulator. Such person
518 may not physically possess more than two petition forms in
519 addition to his or her own petition form or a petition form
520 belonging to an immediate family member. For the purposes of
521 this subsection, the term “immediate family” means a person’s
522 spouse or the parent, child, grandparent, grandchild, or sibling
523 of the person or the person’s spouse.
524 (b) A citizen may challenge a petition circulator’s
525 registration under this section by filing a petition in circuit
526 court. If the court finds that the respondent is not a
527 registered petition circulator, the court may enjoin the
528 respondent from collecting signatures or initiative petitions
529 for compensation until she or he is lawfully registered.
530 (c) The division may revoke a petition circulator’s
531 registration if the circulator violates this section.
532 (d)1. A person may not collect signatures or initiative
533 petitions if he or she has been convicted of a felony violation
534 and has not had his or her right to vote restored.
535 2. A person may not collect signatures or initiative
536 petitions if he or she is not a citizen of the United States.
537 (e)(4) An application for registration must be submitted in
538 the format required by the Secretary of State and must include
539 the following:
540 1.(a) The information required to be on the petition form
541 under s. 101.161, including the ballot summary and title as
542 received approved by the Secretary of State.
543 2.(b) The applicant’s name, permanent address, temporary
544 address, if applicable, and date of birth; a copy of his or her
545 driver license or identification card, regardless of whether
546 such license or identification card was issued by this state;
547 and the last four digits of his or her social security number.
548 3.(c) An address in this state at which the applicant will
549 accept service of process related to disputes concerning the
550 petition process, if the applicant is not a resident of this
551 state.
552 4.(d) A statement that the applicant consents to the
553 jurisdiction of the courts of this state in resolving disputes
554 concerning the petition process.
555 5.(e) Any information required by the Secretary of State to
556 verify the applicant’s identity or address.
557 6. Whether the applicant has been convicted of a felony
558 violation and has not had his or her right to vote restored, by
559 including the statement, “I affirm that I am not a convicted
560 felon, or, if I am, my right to vote has been restored.” and
561 providing a box for the applicant to check to affirm the
562 statement.
563 7. Whether the applicant is a citizen of the United States,
564 by asking the question, “Are you a citizen of the United States
565 of America?” and providing boxes for the applicant to check
566 whether the applicant is or is not a citizen of the United
567 States.
568 8. The signature of the applicant under penalty of perjury
569 for false swearing pursuant to s. 104.011, by which the
570 applicant swears or affirms that the information contained in
571 the application is true.
572 (f) A person may not register to collect signatures or
573 initiative petitions until he or she has completed the training
574 concerning the requirements for petition circulators. The
575 training must be developed by the division and may be in an
576 electronic format available on the division’s public website.
577 The training must, at a minimum, include the following:
578 1. An overview of the petition-gathering process.
579 2. An overview of the petition circulator registration
580 requirements.
581 3. An explanation that the sponsor of an initiative
582 amendment serves as a fiduciary to each voter who signs a
583 petition.
584 4. An explanation that the Florida Election Code prohibits
585 compensation or provision of any benefit based on the number of
586 petition signatures gathered.
587 5. The specific criminal penalties to which a petition
588 circulator may be subject for violating the Florida Election
589 Code.
590 (g) The sponsor of the initiative amendment is liable for a
591 fine in the amount of $50,000 for each person the sponsor
592 knowingly allows to collect petition forms on behalf of the
593 sponsor in violation of this subsection.
594 (5) A sponsor may not compensate a petition circulator
595 based on the number of petition forms gathered. This prohibition
596 includes, but is not limited to, paying a specified amount per
597 petition form gathered, basing an hourly rate on the number of
598 petition forms gathered over a specified period of time, or
599 providing any other benefit or form of compensation based on the
600 number of petition forms gathered. All petitions collected by a
601 petition circulator must contain, in a format required by the
602 Secretary of State, a completed Petition Circulator’s Affidavit
603 which includes:
604 (a) The circulator’s name and permanent address;
605 (b) The following statement, which must be signed by the
606 circulator:
607
608 By my signature below, as petition circulator, I
609 verify that the petition was signed in my presence.
610 Under penalties of perjury, I declare that I have read
611 the foregoing Petition Circulator’s Affidavit and the
612 facts stated in it are true.
613
614 (6) The division or the supervisor of elections shall make
615 hard copy petition forms or electronic portable document format
616 petition forms available to registered petition circulators. All
617 such forms must contain information identifying the petition
618 circulator to which the forms are provided. The division shall
619 maintain a database of all registered petition circulators and
620 the petition forms assigned to each. Each supervisor of
621 elections shall provide to the division information on petition
622 forms assigned to and received from petition circulators. The
623 information must be provided in a format and at times as
624 required by the division by rule. The division must update
625 information on petition forms daily and make the information
626 publicly available.
627 (7)(a) A sponsor that collects petition forms or uses a
628 petition circulator to collect petition forms serves as a
629 fiduciary to the voter elector signing the petition form and
630 shall ensure, ensuring that any petition form entrusted to the
631 sponsor or petition circulator is shall be promptly delivered to
632 the supervisor of elections in the county in which the voter
633 resides within 10 30 days after the voter elector signs the
634 form. If a petition form collected by the sponsor or any
635 petition circulator is not promptly delivered to the supervisor
636 of elections, the sponsor is liable for the following fines:
637 1. A fine in the amount of $50 per each day late for each
638 petition form received by the supervisor of elections in the
639 county in which the voter resides more than 10 30 days after the
640 voter elector signed the petition form or the next business day,
641 if the office is closed. A fine in the amount of $2,500 $250 for
642 each petition form received if the sponsor or petition
643 circulator acted willfully.
644 2. A fine in the amount of $100 per each day late, up to a
645 maximum of $5,000, for each petition form collected by a sponsor
646 or a petition circulator, signed by a voter before February 1 of
647 the year the general election is held and received by the
648 supervisor of elections in the county in which the voter resides
649 after the deadline for such election. A fine in the amount of
650 $5,000 for each such petition form received if the sponsor or
651 petition circulator acted willfully.
652 3. A fine in the amount of $500 for each petition form
653 collected by a petition circulator which is not submitted to the
654 supervisor of elections in the county in which the voter
655 resides. A fine in the amount of $5,000 $1,000 for any petition
656 form not so submitted if the sponsor or petition circulator
657 acting on its behalf acted willfully.
658 (b) A showing by the sponsor that the failure to deliver
659 the petition form within the required timeframe is based upon
660 force majeure or impossibility of performance is an affirmative
661 defense to a violation of this subsection. The fines described
662 in this subsection may be waived upon a showing that the failure
663 to deliver the petition form promptly is based upon force
664 majeure or impossibility of performance.
665 (8) If a person collecting petition forms on behalf of a
666 sponsor of an initiative petition signs another person’s name or
667 a fictitious name to any petition, or fills in missing
668 information on a petition, to secure a ballot position in
669 violation of s. 104.185(2) and is subsequently convicted of such
670 offense, the sponsor of the initiative petition is liable for a
671 fine in the amount of $5,000 for each such petition.
672 (9) If a person collecting petition forms on behalf of a
673 sponsor of an initiative petition copies or retains a voter’s
674 personal information, such as the voter’s Florida driver license
675 number, Florida identification card number, social security
676 number, or signature, for any reason other than to provide such
677 information to the sponsor of the initiative petition, the
678 person commits a felony of the third degree, punishable as
679 provided in s. 775.082, s. 775.083, or s. 775.084.
680 (10) A sponsor of an initiative petition or person
681 collecting petition forms on behalf of a sponsor of an
682 initiative petition may not mail or otherwise provide a petition
683 form upon which any information about a voter has been filled in
684 before it is provided to the voter. A sponsor of an initiative
685 petition that violates this subsection is liable for a fine in
686 the amount of $50 for each such petition form.
687 (11)(8) If the Secretary of State reasonably believes that
688 a person or entity has committed a violation of this section,
689 the secretary may refer the matter to the Attorney General for
690 enforcement. The Attorney General may institute a civil action
691 for a violation of this section or to prevent a violation of
692 this section. An action for relief may include a permanent or
693 temporary injunction, a restraining order, or any other
694 appropriate order.
695 (12)(9) The division shall adopt by rule a complaint form
696 for a voter an elector who claims to have had his or her
697 signature misrepresented, forged, or not delivered to the
698 supervisor. The division shall also adopt rules to ensure the
699 integrity of the petition form gathering process, including
700 rules requiring sponsors to account for all petition forms used
701 by their agents. Such rules may require a sponsor or petition
702 circulator to provide identification information on each
703 petition form as determined by the department as needed to
704 assist in the accounting of petition forms.
705 (13)(10) The date on which a voter an elector signs a
706 petition form is presumed to be the date on which the petition
707 circulator received or collected the petition form.
708 (14)(a)(11)(a) An initiative petition form circulated for
709 signature may not be bundled with or attached to any other
710 petition. Each signature shall be dated when made and shall be
711 valid until the next February 1 occurring in an even-numbered
712 year for the purpose of the amendment appearing on the ballot
713 for the general election occurring in that same year, provided
714 all other requirements of law are met. The sponsor shall submit
715 signed and dated forms to the supervisor of elections for the
716 county of residence listed by the person signing the form for
717 verification of the number of valid signatures obtained. If a
718 signature on a petition is from a registered voter in another
719 county, the supervisor shall notify the petition sponsor of the
720 misfiled petition. The supervisor shall promptly verify the
721 signatures within 60 days after receipt of the petition forms
722 and payment of a fee for the actual cost of signature
723 verification incurred by the supervisor. However, for petition
724 forms submitted less than 60 days before February 1 of an even
725 numbered year, the supervisor shall promptly verify the
726 signatures within 30 days after receipt of the form and payment
727 of the fee for signature verification. Signatures may not be
728 verified until payment has been received and processed by the
729 supervisor. The supervisor shall promptly record, in the manner
730 prescribed by the Secretary of State, the date each form is
731 received by the supervisor, and the date the signature on the
732 form is verified as valid. The supervisor may verify that the
733 signature on a form is valid only if:
734 1. The form contains the original signature of the
735 purported voter elector.
736 2. The purported voter elector has accurately recorded on
737 the form the date on which he or she signed the form.
738 3. The form sets forth the purported voter’s: elector’s
739 a. Full name;,
740 b. Address and, city, county of residence;, and
741 c. Voter registration number or date of birth; and
742 d. Florida driver license or Florida identification card
743 number issued pursuant to s. 322.051 or the last four digits of
744 the voter’s social security number.
745 4. The purported voter elector is, at the time he or she
746 signs the form and at the time the form is verified, a duly
747 qualified and registered voter elector in the state.
748 5. The signature was obtained legally, including that if a
749 paid petition circulator was used, the circulator was validly
750 registered under subsection (4) (3) when the signature was
751 obtained.
752
753 The supervisor shall retain all signature forms, separating
754 forms verified as valid from those deemed invalid, for at least
755 1 year following the election for which the petition was
756 circulated.
757 (b)1. On the last day of each month, or on the last day of
758 each week from December 1 of an odd-numbered year through
759 February 1 of the following year, each supervisor shall
760 electronically transmit all signature forms to the division. The
761 digital images of the scanned signature forms must be of high
762 enough quality that division personnel are be able to accurately
763 discern elements contained in such forms. Forms that have been
764 verified as valid must be separated from those that have been
765 deemed invalid.
766 2. Each supervisor must retain all petition forms,
767 separating forms verified as valid from those deemed invalid,
768 until all petition forms have been processed following the
769 February 1 deadline. As soon as practicable following the
770 processing of the last timely submitted petition form, but not
771 later than March 15 following the February 1 deadline, the
772 supervisor must deliver the physical forms to the division. The
773 division shall retain all petition forms for 1 year following
774 the election for which the petition was circulated.
775 (c) When the signature on the petition form is verified as
776 valid, the supervisor shall, as soon as practicable, notify the
777 voter by mail at the mailing address on file in the Florida
778 Voter Registration System.
779 1. Such notice must be sent by forwardable mail with a
780 postage prepaid preaddressed form, which may be returned to the
781 supervisor. The notice shall include contact information for the
782 supervisor of elections office, including the telephone number,
783 fax number, mailing address, and e-mail address. The notice must
784 include all of the following statements or information in
785 substantially the following form:
786 a. “A petition to place a proposed constitutional amendment
787 on the ballot for the next general election, bearing your name
788 and signature, has been received and verified by the Supervisor
789 of Elections Office.”
790 b. That the petition included:
791 (I) ...(Insert the petition serial number, ballot title,
792 ballot summary, and sponsoring committee)...; and
793 (II) ...(Insert the date the voter signed the petition, the
794 date the petition was received by the Supervisor of Elections
795 Office, and the date the petition was verified by the Supervisor
796 of Elections...
797 c. “Check the box, sign, and return this notice to your
798 Supervisor of Elections if you believe your signature has been
799 misrepresented or forged on a petition. The petition form in
800 question will be invalidated and not be counted toward the
801 number of signatures required to place this proposed
802 constitutional amendment on the ballot.”
803 d. “A returned notice must be received by the Supervisor of
804 Elections by February 1 of the year in which the general
805 election is held.”
806 2. Such notice must include both of the following:
807 a. A box for a voter to check if his or her signature was
808 misrepresented or forged on the petition and a blank space for
809 the voter to sign and date the return form attesting to such.
810 b. The following disclosure, which must be prominently
811 displayed beneath the space for the voter’s signature:
812
813 This notice becomes a public record upon receipt by
814 the Supervisor of Elections. It is a second degree
815 misdemeanor, punishable as provided in s. 775.082,
816 Florida Statutes, or s. 772.083, Florida Statutes, for
817 any person to knowingly make a false official
818 statement pursuant to s. 837.06, Florida Statutes.
819
820 3. Upon receiving a completed notice, the supervisor shall
821 revoke the voter’s petition form, which must be deemed invalid,
822 and the supervisor shall immediately notify the division.
823 (d) Each supervisor shall post the actual cost of signature
824 verification for petition forms received more than 60 days
825 before February 1 of an even-numbered year and for petition
826 forms received less than 60 days before February 1 of an even
827 numbered year on his or her website, and may increase such cost,
828 as necessary, annually on March 1 February 2 of each even
829 numbered year. These costs include operating and personnel costs
830 associated with comparing signatures, printing or sending
831 notices to voters that their signature has been verified, and
832 transmitting petition forms to the division. The division shall
833 also publish each county’s current cost on its website. The
834 division and each supervisor shall biennially review available
835 technology aimed at reducing verification costs.
836 (e)(c) On the last day of each month, or on the last day of
837 each week from December 1 of an odd-numbered year through
838 February 1 of the following year, each supervisor shall post on
839 his or her website the total number of signatures submitted, the
840 total number of invalid signatures, the total number of
841 signatures processed, total number of signatures revoked, and
842 the aggregate number of verified valid signatures and the
843 distribution of such signatures by congressional district for
844 each proposed amendment proposed by initiative, along with the
845 following information specific to the reporting period: the
846 total number of signed petition forms received, the total number
847 of signatures verified, the distribution of verified valid
848 signatures by congressional district, and the total number of
849 verified petition forms forwarded to the Secretary of State. For
850 any reporting period in which the percentage of signatures
851 deemed invalid exceeds 25 percent, the supervisor shall notify
852 the Office of Election Crimes and Security. The Office of
853 Election Crimes and Security, as authorized by s. 97.012(15) and
854 s. 97.022(1), shall conduct a preliminary investigation and may,
855 if warranted, report findings to the statewide prosecutor or the
856 state attorney for the judicial circuit in which the alleged
857 violation occurred for prosecution.
858 (15)(12) The Secretary of State shall determine from the
859 signatures verified by the supervisors of elections the total
860 number of verified valid signatures and the distribution of such
861 signatures by congressional districts, and the division shall
862 post such information on its website at the same intervals
863 specified in paragraph (14)(e) (11)(c). Upon a determination
864 that the requisite number and distribution of valid signatures
865 have been obtained, the secretary shall issue a certificate of
866 ballot position for that proposed amendment and shall assign a
867 designating number pursuant to s. 101.161. The secretary shall
868 rescind the certificate of ballot position if an advisory
869 opinion issued by the Supreme Court pursuant to s. 16.061(1)
870 deems the initiative petition invalid.
871 (16)(a)(13)(a) Upon receipt of a proposed revision or
872 amendment from the Secretary of State, the coordinator of the
873 Office of Economic and Demographic Research shall contact the
874 person identified as the sponsor to request an official list of
875 all persons authorized to speak on behalf of the named sponsor
876 and, if there is one, the sponsoring organization at meetings
877 held by the Financial Impact Estimating Conference. All other
878 persons must be deemed interested parties or proponents or
879 opponents of the initiative. The Financial Impact Estimating
880 Conference shall provide an opportunity for any representative
881 of the sponsor, interested parties, and proponents or opponents
882 of the initiative to submit information and may solicit
883 information or analysis from any other entities or agencies,
884 including the Office of Economic and Demographic Research At the
885 same time the Secretary of State submits an initiative petition
886 to the Attorney General pursuant to s. 15.21, the secretary
887 shall submit a copy of the initiative petition to the Financial
888 Impact Estimating Conference.
889 (b) Within 75 days after receipt of a proposed revision or
890 amendment to the State Constitution by initiative petition from
891 the Secretary of State, the Financial Impact Estimating
892 Conference shall complete an analysis and financial impact
893 statement to be placed on the ballot of the estimated increase
894 or decrease in any revenues or costs to state or local
895 governments and the overall impact to the state budget resulting
896 from the proposed initiative. The 75-day time limit is tolled
897 when the Legislature is in session. The Financial Impact
898 Estimating Conference shall submit the financial impact
899 statement to the Attorney General and Secretary of State. If the
900 initiative petition has been submitted to the Financial Impact
901 Estimating Conference but the validity of signatures has expired
902 and the initiative petition no longer qualifies for ballot
903 placement at the ensuing general election, the Secretary of
904 State must notify the Financial Impact Estimating Conference.
905 The Financial Impact Estimating Conference does is not required
906 to complete an analysis and financial impact statement for an
907 initiative petition that fails to meet the requirements of
908 subsection (1) for placement on the ballot before the 75-day
909 time limit, including any tolling period, expires, the ballot
910 must include the statement required by s. 101.161(1)(e). The
911 initiative petition may be resubmitted to the Financial Impact
912 Estimating Conference if the initiative petition meets the
913 requisite criteria for a subsequent general election cycle. A
914 new Financial Impact Estimating Conference shall be established
915 at such time as the initiative petition again satisfies the
916 criteria in s. 15.21(1).
917 (b) Immediately upon receipt of a proposed revision or
918 amendment from the Secretary of State, the coordinator of the
919 Office of Economic and Demographic Research shall contact the
920 person identified as the sponsor to request an official list of
921 all persons authorized to speak on behalf of the named sponsor
922 and, if there is one, the sponsoring organization at meetings
923 held by the Financial Impact Estimating Conference. All other
924 persons shall be deemed interested parties or proponents or
925 opponents of the initiative. The Financial Impact Estimating
926 Conference shall provide an opportunity for any representatives
927 of the sponsor, interested parties, proponents, or opponents of
928 the initiative to submit information and may solicit information
929 or analysis from any other entities or agencies, including the
930 Office of Economic and Demographic Research.
931 (c) The Financial Impact Estimating Conference may be
932 convened only by the President of the Senate and the Speaker of
933 the House of Representatives, jointly. All meetings of the
934 Financial Impact Estimating Conference shall be open to the
935 public. The President of the Senate and the Speaker of the House
936 of Representatives, jointly, shall be the sole judge for the
937 interpretation, implementation, and enforcement of this
938 subsection.
939 1. The Financial Impact Estimating Conference is
940 established to review, analyze, and estimate the financial
941 impact of amendments to or revisions of the State Constitution
942 proposed by initiative. The Financial Impact Estimating
943 Conference shall consist of four principals: one person from the
944 professional staff of the Executive Office of the Governor,
945 designated by the Governor; the coordinator of the Office of
946 Economic and Demographic Research, or his or her designee; one
947 person from the professional staff of the Senate, designated by
948 the President of the Senate; and one person from the
949 professional staff of the House of Representatives, designated
950 by the Speaker of the House of Representatives. Each principal
951 shall have appropriate fiscal expertise in the subject matter of
952 the initiative. A Financial Impact Estimating Conference may be
953 appointed for each initiative.
954 2. Principals of the Financial Impact Estimating Conference
955 shall reach a consensus or majority concurrence on a clear and
956 unambiguous financial impact statement, no more than 150 words
957 in length, and immediately submit the statement to the Attorney
958 General. Nothing in this subsection prohibits the Financial
959 Impact Estimating Conference from setting forth a range of
960 potential impacts in the financial impact statement. Any
961 financial impact statement that a court finds not to be in
962 accordance with this section shall be remanded solely to the
963 Financial Impact Estimating Conference for redrafting. The
964 Financial Impact Estimating Conference shall redraft the
965 financial impact statement within 15 days.
966 3. If the Supreme Court has rejected the initial submission
967 by the Financial Impact Estimating Conference and no redraft has
968 been approved by the Supreme Court by 5 p.m. on the 75th day
969 before the election, the following statement shall appear on the
970 ballot: “The impact of this measure, if any, has not been
971 determined at this time.”
972 (d) The financial impact statement must be separately
973 contained on the petition form and the ballot and be set forth
974 after the ballot summary as required in s. 101.161(1).
975 1. If the financial impact statement projects a net
976 negative impact on the state budget, the ballot must include the
977 statement required by s. 101.161(1)(b).
978 2. If the financial impact statement projects a net
979 positive impact on the state budget, the ballot must include the
980 statement required by s. 101.161(1)(c).
981 3. If the financial impact statement estimates an
982 indeterminate financial impact or if the members of the
983 Financial Impact Estimating Conference are unable to agree on
984 the statement required by this subsection, the ballot must
985 include the statement required by s. 101.161(1)(d).
986 4. If the financial impact statement was not produced or if
987 the Financial Impact Estimating Conference did not meet to
988 produce the financial statement, the ballot must include the
989 statement required by s. 101.161(1)(e).
990 (e)1. Any financial impact statement that the Supreme Court
991 finds not to be in accordance with this subsection shall be
992 remanded solely to the Financial Impact Estimating Conference
993 for redrafting, provided the court’s advisory opinion is
994 rendered at least 75 days before the election at which the
995 question of ratifying the amendment will be presented. The
996 Financial Impact Estimating Conference shall prepare and adopt a
997 revised financial impact statement no later than 5 p.m. on the
998 15th day after the date of the court’s opinion. The sponsor of
999 the initiative must refile the petition with the revised
1000 financial impact statement with the Secretary of State as a new
1001 petition.
1002 2. If, by 5 p.m. on the 75th day before the election, the
1003 Supreme Court has not issued an advisory opinion on the initial
1004 financial impact statement prepared by the Financial Impact
1005 Estimating Conference for an initiative amendment that otherwise
1006 meets the legal requirements for ballot placement, the financial
1007 impact statement shall be deemed approved for placement on the
1008 ballot.
1009 (f)3. In addition to the financial impact statement
1010 required by this subsection, the Financial Impact Estimating
1011 Conference shall draft an initiative financial information
1012 statement. The initiative financial information statement should
1013 describe in greater detail than the financial impact statement
1014 any projected increase or decrease in revenues or costs that the
1015 state or local governments would likely experience if the ballot
1016 measure were approved. If appropriate, the initiative financial
1017 information statement may include both estimated dollar amounts
1018 and a description placing the estimated dollar amounts into
1019 context. The initiative financial information statement must
1020 include both a summary of not more than 500 words and additional
1021 detailed information that includes the assumptions that were
1022 made to develop the financial impacts, workpapers, and any other
1023 information deemed relevant by the Financial Impact Estimating
1024 Conference.
1025 (g)4. The Department of State shall have printed, and shall
1026 furnish to each supervisor of elections, a copy of the summary
1027 from the initiative financial information statements. The
1028 supervisors shall have the summary from the initiative financial
1029 information statements available at each polling place and at
1030 the main office of the supervisor of elections upon request.
1031 (h)5. The Secretary of State and the Office of Economic and
1032 Demographic Research shall make available on the Internet each
1033 initiative financial information statement in its entirety. In
1034 addition, each supervisor of elections whose office has a
1035 website shall post the summary from each initiative financial
1036 information statement on the website. Each supervisor shall
1037 include a copy of each summary from the initiative financial
1038 information statements and the Internet addresses for the
1039 information statements on the Secretary of State’s and the
1040 Office of Economic and Demographic Research’s websites in the
1041 publication or mailing required by s. 101.20.
1042 (17)(14) The Department of State may adopt rules in
1043 accordance with s. 120.54 to implement this section carry out
1044 the provisions of subsections (1)-(14).
1045 (18)(15) No provision of this code shall be deemed to
1046 prohibit a private person exercising lawful control over
1047 privately owned property, including property held open to the
1048 public for the purposes of a commercial enterprise, from
1049 excluding from such property persons seeking to engage in
1050 activity supporting or opposing initiative amendments.
1051 Section 7. (1) The Department of State shall, within 30
1052 days after the effective date of this act, update the forms as
1053 required by the amendments made to s. 100.371(3), Florida
1054 Statutes, for any proposed amendments received before the
1055 effective date of this act.
1056 (2)(a) The Department of State shall, within 30 days after
1057 the effective date of this act, make available a new petition
1058 circulator application to incorporate the amendments made to s.
1059 100.371(4), Florida Statutes.
1060 (b)1. Thirty days after the effective date of this act, the
1061 registration of each petition circulator expires.
1062 2. No later than 7 days after the effective date of this
1063 act, the Department of State shall notify each petition
1064 circulator that his or her registration is expiring and that he
1065 or she may reregister by completing a new application that will
1066 be available before the current registration expires.
1067 (3) A supervisor of elections may, within 90 days after the
1068 effective date of this act, increase the cost of signature
1069 verification pursuant to the amendments made to s.
1070 100.371(14)(c), Florida Statutes. A supervisor shall post the
1071 cost of signature verification on his or her publicly available
1072 website as soon as such cost is determined.
1073 Section 8. Paragraph (a) of subsection (1) of section
1074 101.161, Florida Statutes, is amended, and paragraph (e) is
1075 added to that subsection, to read:
1076 101.161 Referenda; ballots.—
1077 (1) Whenever a constitutional amendment or other public
1078 measure is submitted to the vote of the people, a ballot summary
1079 of such amendment or other public measure shall be printed in
1080 clear and unambiguous language on the ballot after the list of
1081 candidates, followed by the word “yes” and also by the word
1082 “no,” and shall be styled in such a manner that a “yes” vote
1083 will indicate approval of the proposal and a “no” vote will
1084 indicate rejection. The ballot summary of the amendment or other
1085 public measure and the ballot title to appear on the ballot
1086 shall be embodied in the constitutional revision commission
1087 proposal, constitutional convention proposal, taxation and
1088 budget reform commission proposal, or enabling resolution or
1089 ordinance. The ballot summary of the amendment or other public
1090 measure shall be an explanatory statement, not exceeding 75
1091 words in length, of the chief purpose of the measure. In
1092 addition, for every constitutional amendment proposed by
1093 initiative, the ballot shall include, following the ballot
1094 summary, in the following order:
1095 (a) A separate financial impact statement concerning the
1096 measure prepared by the Financial Impact Estimating Conference
1097 in accordance with s. 100.371(16) s. 100.371(13).
1098 (e) If the financial impact statement was not produced or
1099 if the Financial Impact Estimating Conference did not meet to
1100 produce the financial impact statement, the following statement
1101 in bold print:
1102
1103 THE FINANCIAL IMPACT OF THIS AMENDMENT, IF ANY, HAS
1104 NOT BEEN DETERMINED AT THIS TIME.
1105
1106 The ballot title shall consist of a caption, not exceeding 15
1107 words in length, by which the measure is commonly referred to or
1108 spoken of. This subsection does not apply to constitutional
1109 amendments or revisions proposed by joint resolution.
1110 Section 9. Subsection (2) of section 102.111, Florida
1111 Statutes, is amended to read:
1112 102.111 Elections Canvassing Commission.—
1113 (2) The Elections Canvassing Commission shall meet at 8
1114 a.m. on the 9th day after a primary election and at 8 a.m. on
1115 the 14th day after a general election to certify the returns of
1116 the election for each federal, state, and multicounty office and
1117 for each constitutional amendment. If a member of a county
1118 canvassing board that was constituted pursuant to s. 102.141
1119 determines, within 5 days after the certification by the
1120 Elections Canvassing Commission, that a typographical error
1121 occurred in the official returns of the county, the correction
1122 of which could result in a change in the outcome of an election,
1123 the county canvassing board must certify corrected returns to
1124 the Department of State within 24 hours, and the Elections
1125 Canvassing Commission must correct and recertify the election
1126 returns as soon as practicable.
1127 Section 10. Section 102.121, Florida Statutes, is amended
1128 to read:
1129 102.121 Elections Canvassing Commission to issue
1130 certificates.—The Elections Canvassing Commission shall make and
1131 sign separate certificates of the result of the election for
1132 federal officers, and state officers, and constitutional
1133 amendments, which certificates must shall be written and contain
1134 the total number of votes cast for and against each person for
1135 each office and the total number of votes cast for and against
1136 each constitutional amendment. The certificates, the one
1137 including the result of the election for presidential electors
1138 and representatives to Congress, and the other including the
1139 result of the election for state officers, shall be recorded in
1140 the Department of State in a book to be kept for that purpose.
1141 Section 11. Subsections (1), (3), and (4) of section
1142 102.168, Florida Statutes, are amended to read:
1143 102.168 Contest of election.—
1144 (1) Except as provided in s. 102.171, the certification of
1145 election or nomination of any person to office, or of the
1146 adoption of a constitutional amendment or the result on any
1147 question submitted by referendum, may be contested in the
1148 circuit court by any unsuccessful candidate for such office or
1149 nomination thereto or by any voter elector qualified to vote in
1150 the election related to such candidacy or constitutional
1151 amendment, or by any taxpayer, respectively.
1152 (3) The complaint must shall set forth the grounds on which
1153 the contestant intends to establish his or her right to such
1154 office; or set aside the result of the election on a submitted
1155 referendum or constitutional amendment. The grounds for
1156 contesting an election or a constitutional amendment under this
1157 section are:
1158 (a) Misconduct, fraud, or corruption on the part of any
1159 election official or any member of the canvassing board
1160 sufficient to change or place in doubt the result of the
1161 election.
1162 (b) Ineligibility of the successful candidate for the
1163 nomination or office in dispute or of the proposed
1164 constitutional amendment for placement on the ballot.
1165 (c) Receipt of a number of illegal votes or rejection of a
1166 number of legal votes sufficient to change or place in doubt the
1167 result of the election.
1168 (d) Proof that any voter elector, election official, or
1169 canvassing board member was given or offered a bribe or reward
1170 in money, property, or any other thing of value for the purpose
1171 of procuring the successful candidate’s nomination or election
1172 or determining the result on any question submitted by
1173 referendum or constitutional amendment.
1174 (4) The canvassing board responsible for canvassing the
1175 election is an indispensable party defendant in county and local
1176 elections. The Elections Canvassing Commission is an
1177 indispensable party defendant in federal, state, and multicounty
1178 elections, in elections for constitutional amendments, and in
1179 elections for justice of the Supreme Court, judge of a district
1180 court of appeal, and judge of a circuit court. The successful
1181 candidate is an indispensable party to any action brought to
1182 contest the election or nomination of a candidate. The sponsor
1183 of a constitutional amendment proposed by initiative petition,
1184 identified pursuant to s. 100.371, is an indispensable party to
1185 any action brought to contest such election.
1186 Section 12. Subsection (2) of section 104.185, Florida
1187 Statutes, is amended to read:
1188 104.185 Petitions; knowingly signing more than once;
1189 signing another person’s name or a fictitious name.—
1190 (2) A person who signs another person’s name or a
1191 fictitious name to any petition, or who fills in missing
1192 information on a petition, to secure ballot position for a
1193 candidate, a minor political party, or an issue commits a felony
1194 of the third degree, punishable as provided in s. 775.082, s.
1195 775.083, or s. 775.084.
1196 Section 13. Section 104.186, Florida Statutes, is amended
1197 to read:
1198 104.186 Initiative petitions; violations.—A person who
1199 compensates a petition circulator as defined in s. 97.021 based
1200 on the number of petition forms gathered, as prohibited by s.
1201 100.371(5), commits a felony of the third degree, punishable as
1202 provided in s. 775.082, s. 775.083, or s. 775.084. This section
1203 does not prohibit employment relationships that do not base
1204 payment on the number of signatures collected.
1205 Section 14. Section 104.187, Florida Statutes, is amended
1206 to read:
1207 104.187 Initiative petitions; registration.—A person who
1208 violates s. 100.371(4)(a)1. s. 100.371(3) commits a misdemeanor
1209 of the second degree, punishable as provided in s. 775.082 or s.
1210 775.083.
1211 Section 15. Section 104.188, Florida Statutes, is created
1212 to read:
1213 104.188 Petition forms gathered from immediate family;
1214 violations.—
1215 (1) For the purposes of this section, the term “immediate
1216 family” means a person’s spouse or the parent, child,
1217 grandparent, grandchild, or sibling of the person or the
1218 person’s spouse.
1219 (2) A person who distributes, collects, delivers, or
1220 otherwise physically possesses more than two signed petition
1221 forms in addition to his or her own petition form or a petition
1222 form belonging to an immediate family member, and who is not
1223 registered as a petition circulator pursuant to s.
1224 100.371(4)(a)1., commits a felony of the third degree,
1225 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1226 Section 16. Subsection (3) of section 106.19, Florida
1227 Statutes, is amended to read:
1228 106.19 Violations by candidates, persons connected with
1229 campaigns, and political committees.—
1230 (3) A political committee sponsoring a constitutional
1231 amendment proposed by initiative which submits a petition form
1232 gathered by a paid petition circulator which does not provide
1233 the name and address of the paid petition circulator on the form
1234 is subject to the civil penalties prescribed in s. 106.265.
1235 Section 17. Paragraph (c) of subsection (1) of section
1236 212.055, Florida Statutes, is amended to read:
1237 212.055 Discretionary sales surtaxes; legislative intent;
1238 authorization and use of proceeds.—It is the legislative intent
1239 that any authorization for imposition of a discretionary sales
1240 surtax shall be published in the Florida Statutes as a
1241 subsection of this section, irrespective of the duration of the
1242 levy. Each enactment shall specify the types of counties
1243 authorized to levy; the rate or rates which may be imposed; the
1244 maximum length of time the surtax may be imposed, if any; the
1245 procedure which must be followed to secure voter approval, if
1246 required; the purpose for which the proceeds may be expended;
1247 and such other requirements as the Legislature may provide.
1248 Taxable transactions and administrative procedures shall be as
1249 provided in s. 212.054.
1250 (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
1251 SURTAX.—
1252 (c)1. The proposal to adopt a discretionary sales surtax as
1253 provided in this subsection and to create a trust fund within
1254 the county accounts shall be placed on the ballot in accordance
1255 with law and must be approved in a referendum held at a general
1256 election in accordance with subsection (10).
1257 2. If the proposal to adopt a surtax is by initiative, the
1258 petition sponsor must, at least 180 days before the proposed
1259 referendum, comply with all of the following:
1260 a. Provide a copy of the final resolution or ordinance to
1261 the Office of Program Policy Analysis and Government
1262 Accountability. The Office of Program Policy Analysis and
1263 Government Accountability shall procure a certified public
1264 accountant in accordance with subsection (11) for the
1265 performance audit.
1266 b. File the initiative petition and its required valid
1267 signatures with the supervisor of elections. The supervisor of
1268 elections shall verify signatures and retain signature forms in
1269 the same manner as required for initiatives under s. 100.371(14)
1270 s. 100.371(11).
1271 3. The failure of an initiative sponsor to comply with the
1272 requirements of subparagraph 2. renders any referendum held
1273 void.
1274 Section 18. Paragraph (a) of subsection (8) of section
1275 895.02, Florida Statutes, is amended to read:
1276 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
1277 (8) “Racketeering activity” means to commit, to attempt to
1278 commit, to conspire to commit, or to solicit, coerce, or
1279 intimidate another person to commit:
1280 (a) Any crime that is chargeable by petition, indictment,
1281 or information under the following provisions of the Florida
1282 Statutes:
1283 1. Section 100.371, relating to petition circulators and
1284 sponsors of initiative petitions.
1285 2. Section 104.155(2), relating to aiding or soliciting a
1286 noncitizen in voting.
1287 3.2. Section 210.18, relating to evasion of payment of
1288 cigarette taxes.
1289 4.3. Section 316.1935, relating to fleeing or attempting to
1290 elude a law enforcement officer and aggravated fleeing or
1291 eluding.
1292 5.4. Chapter 379, relating to the illegal sale, purchase,
1293 collection, harvest, capture, or possession of wild animal life,
1294 freshwater aquatic life, or marine life, and related crimes.
1295 6.5. Section 403.727(3)(b), relating to environmental
1296 control.
1297 7.6. Section 409.920 or s. 409.9201, relating to Medicaid
1298 fraud.
1299 8.7. Section 414.39, relating to public assistance fraud.
1300 9.8. Section 440.105 or s. 440.106, relating to workers’
1301 compensation.
1302 10.9. Section 443.071(4), relating to creation of a
1303 fictitious employer scheme to commit reemployment assistance
1304 fraud.
1305 11.10. Section 465.0161, relating to distribution of
1306 medicinal drugs without a permit as an Internet pharmacy.
1307 12.11. Section 499.0051, relating to crimes involving
1308 contraband, adulterated, or misbranded drugs.
1309 13.12. Part IV of chapter 501, relating to telemarketing.
1310 14.13. Chapter 517, relating to sale of securities and
1311 investor protection.
1312 15.14. Section 550.235 or s. 550.3551, relating to
1313 dogracing and horseracing.
1314 16.15. Chapter 550, relating to jai alai frontons.
1315 17.16. Section 551.109, relating to slot machine gaming.
1316 18.17. Chapter 552, relating to the manufacture,
1317 distribution, and use of explosives.
1318 19.18. Chapter 560, relating to money transmitters, if the
1319 violation is punishable as a felony.
1320 20.19. Chapter 562, relating to beverage law enforcement.
1321 21.20. Section 624.401, relating to transacting insurance
1322 without a certificate of authority, s. 624.437(4)(c)1., relating
1323 to operating an unauthorized multiple-employer welfare
1324 arrangement, or s. 626.902(1)(b), relating to representing or
1325 aiding an unauthorized insurer.
1326 22.21. Section 655.50, relating to reports of currency
1327 transactions, when such violation is punishable as a felony.
1328 23.22. Chapter 687, relating to interest and usurious
1329 practices.
1330 24.23. Section 721.08, s. 721.09, or s. 721.13, relating to
1331 real estate timeshare plans.
1332 25.24. Section 775.13(5)(b), relating to registration of
1333 persons found to have committed any offense for the purpose of
1334 benefiting, promoting, or furthering the interests of a criminal
1335 gang.
1336 26.25. Section 777.03, relating to commission of crimes by
1337 accessories after the fact.
1338 27.26. Chapter 782, relating to homicide.
1339 28.27. Chapter 784, relating to assault and battery.
1340 29.28. Chapter 787, relating to kidnapping, human
1341 smuggling, or human trafficking.
1342 30.29. Chapter 790, relating to weapons and firearms.
1343 31.30. Chapter 794, relating to sexual battery, but only if
1344 such crime was committed with the intent to benefit, promote, or
1345 further the interests of a criminal gang, or for the purpose of
1346 increasing a criminal gang member’s own standing or position
1347 within a criminal gang.
1348 32.31. Former s. 796.03, former s. 796.035, s. 796.04, s.
1349 796.05, or s. 796.07, relating to prostitution.
1350 33.32. Chapter 806, relating to arson and criminal
1351 mischief.
1352 34.33. Chapter 810, relating to burglary and trespass.
1353 35.34. Chapter 812, relating to theft, robbery, and related
1354 crimes.
1355 36.35. Chapter 815, relating to computer-related crimes.
1356 37.36. Chapter 817, relating to fraudulent practices, false
1357 pretenses, fraud generally, credit card crimes, and patient
1358 brokering.
1359 38.37. Chapter 825, relating to abuse, neglect, or
1360 exploitation of an elderly person or disabled adult.
1361 39.38. Section 827.071, relating to commercial sexual
1362 exploitation of children.
1363 40.39. Section 828.122, relating to fighting or baiting
1364 animals.
1365 41.40. Chapter 831, relating to forgery and counterfeiting.
1366 42.41. Chapter 832, relating to issuance of worthless
1367 checks and drafts.
1368 43.42. Section 836.05, relating to extortion.
1369 44.43. Chapter 837, relating to perjury.
1370 45.44. Chapter 838, relating to bribery and misuse of
1371 public office.
1372 46.45. Chapter 843, relating to obstruction of justice.
1373 47.46. Section 847.011, s. 847.012, s. 847.013, s. 847.06,
1374 or s. 847.07, relating to obscene literature and profanity.
1375 48.47. Chapter 849, relating to gambling, lottery, gambling
1376 or gaming devices, slot machines, or any of the provisions
1377 within that chapter.
1378 49.48. Chapter 874, relating to criminal gangs.
1379 50.49. Chapter 893, relating to drug abuse prevention and
1380 control.
1381 51.50. Chapter 896, relating to offenses related to
1382 financial transactions.
1383 52.51. Sections 914.22 and 914.23, relating to tampering
1384 with or harassing a witness, victim, or informant, and
1385 retaliation against a witness, victim, or informant.
1386 53.52. Sections 918.12 and 918.13, relating to tampering
1387 with jurors and evidence.
1388 Section 19. This act is intended to apply prospectively to
1389 the initiative petition process. If, before the effective date
1390 of this act, a person signs a petition form, circulates petition
1391 forms, submits a petition form to a supervisor, verifies the
1392 signatures on a petition, or submits a proposed amendment, the
1393 laws in effect on the day such person signs the petition form,
1394 circulates petition forms, submits a petition form, verifies the
1395 signature on a petition, or submits the proposed amendment
1396 apply.
1397 Section 20. (1) To ensure uniformity and integrity in the
1398 initiative process, a signed petition form may not be verified
1399 for a period of 90 days after the effective date of this act.
1400 (2) A petition form gathered after the effective date of
1401 this act must be delivered as provided in this act to the
1402 appropriate entity. The processing hold described in subsection
1403 (1) does not toll any timeframe requirements that petition
1404 circulators are required to meet and may not be used as a
1405 defense to any fine imposed for the late submission of any
1406 petition forms to the appropriate entity.
1407 Section 21. The Division of Law Revision is directed to
1408 replace the phrase “the effective date of this act” wherever it
1409 occurs in this act with the date this act becomes a law.
1410 Section 22. This act shall take effect upon becoming a law.