Florida Senate - 2025 SB 18-A
By Senator Collins
14-00012A-25A 202518A__
1 A bill to be entitled
2 An act relating to petition process; amending s.
3 15.21, F.S.; conforming a cross-reference; amending s.
4 16.061, F.S.; revising the criteria that the Attorney
5 General uses when petitioning the Supreme Court for an
6 advisory opinion related to a proposed revision or
7 amendment to the State Constitution; amending s.
8 97.021, F.S.; deleting the definition of the term
9 “petition circulator”; amending s. 99.092, F.S.;
10 decreasing the percentages used to calculate the
11 filing fees and the amount of party assessment for
12 candidates to public office; requiring the Division of
13 Elections to create a uniform petition form for
14 candidates to gather signatures for a candidate
15 petition; requiring that the form solicit specified
16 information; requiring that the form include a certain
17 notice; amending s. 99.095, F.S.; authorizing a
18 supervisor of elections to verify certain signatures
19 only if a certain petition form is used; amending s.
20 99.097, F.S.; conforming a cross-reference; amending
21 s. 100.371, F.S.; requiring sponsors of an initiative
22 amendment to register as political committees before
23 circulating any initiative petition forms to voters;
24 deleting obsolete language; requiring the division to
25 assign initiative petitions a petition number and
26 create a certain form; providing requirements for such
27 form; requiring that the form contain a certain
28 notice; deleting provisions relating to citizen
29 challenges of petition circulator registration;
30 deleting provisions relating to applications for
31 registration of a petition circulator; requiring the
32 division to adopt rules; deleting provisions requiring
33 certain sponsors to submit signed and dated forms;
34 specifying conditions for signatures on a form to be
35 verified as valid by a supervisor; requiring the
36 supervisor to retain signed petition forms instead of
37 signature forms in a specified manner; requiring the
38 supervisor to transmit copies of such signed petition
39 forms promptly to the division upon request; requiring
40 the supervisors of elections to post the actual cost
41 of signature verification on their websites annually
42 on a specified date; specifying that such costs
43 include costs related to certain actions; requiring
44 the Secretary of State to rescind a certificate of
45 ballot position under specified conditions;
46 authorizing any voter to challenge the issuance of
47 certificates of ballot position; providing the process
48 for such challenges; requiring the Secretary of State
49 to submit a copy of initiative petitions to a
50 specified panel; requiring the panel to complete a
51 financial impact statement; requiring the panel to
52 submit such statement to the Secretary of State;
53 providing that the panel is not required to complete
54 the statement under specified circumstances; deleting
55 obsolete language; requiring that meetings of the
56 panel be open to the public; requiring that the panel
57 submit the financial impact statement to the Secretary
58 of State immediately; authorizing the panel to redraft
59 the statement within a specified timeframe; requiring
60 the disclosure of certain material legal effects;
61 conforming cross-references; requiring the panel to
62 draft a certain initiative financial information
63 statement; requiring the Secretary of State to make
64 such statement available on his or her website;
65 creating s. 100.373, F.S.; defining the term
66 “circulated petition form”; authorizing voters to
67 submit signed circulated petition forms at any office
68 of the supervisor of elections in the county in which
69 the voter is registered to vote; providing that a
70 circulated petition form is valid only if the
71 supervisor verifies specified information; requiring a
72 voter to present a certain current and valid form of
73 picture identification to the supervisor; requiring
74 the supervisor to deem the petition submitted if the
75 information on such identification matches the form
76 and the person matches the identification produced;
77 requiring supervisors to verify that the voter’s
78 signature on the circulated petition form matches the
79 voter’s signature on file in the Florida Voter
80 Registration System; creating s. 100.375, F.S.;
81 defining the term “requested petition form”; requiring
82 supervisors to accept requests for a petition form
83 from a voter or, if instructed, the voter’s immediate
84 family or legal guardian; authorizing that requests be
85 made in person, in writing, by telephone, or through
86 the supervisor’s website; requiring supervisors to
87 cancel requests under specified conditions;
88 authorizing that requests for petition forms may be
89 mailed to certain addresses; requiring the voter, or
90 his or her designee, to provide certain information
91 for in-person or telephonic requests; requiring that
92 requests be in writing if the petition form is to be
93 mailed to an address other than one on file; providing
94 requirements for such written requests; requiring the
95 division to create a uniform application to request
96 petition forms; requiring that such applications
97 solicit and require specified information; defining
98 the term “immediate family”; requiring the supervisor
99 to record certain information and provide it in a
100 specified format; defining the term “petition
101 deadline”; requiring the supervisor to mail petition
102 forms within specified timeframes; providing a
103 deadline to request petition forms; requiring
104 supervisors to provide a petition form by one of the
105 means specified; prohibiting persons from picking up
106 more than a specified number of petition forms;
107 providing exceptions; requiring the supervisor to mail
108 a certain notice in a specified circumstance;
109 providing that only the materials necessary to submit
110 a petition form be mailed or delivered; prohibiting a
111 supervisor from sending a petition form to someone who
112 did not request one; requiring the supervisor to
113 enclose a certain mailing envelope with petition
114 forms; requiring that such envelopes contain a certain
115 voter’s certificate; specifying the placement of the
116 voter’s certificate on the envelope; requiring that
117 certain instructions be enclosed with each petition;
118 providing construction; providing legislative intent;
119 requiring the Department of State to work with
120 specified entitles to develop and implement procedures
121 and technologies to make petition forms available in
122 alternative formats; providing that requested petition
123 forms are only valid if the supervisor verifies
124 certain information; prohibiting an otherwise valid
125 petition from being invalidated due to the voter’s
126 death after submission of such form; creating s.
127 100.377, F.S.; authorizing that initiative petition
128 forms approved by the Secretary of State may continue
129 to be circulated; providing that certain initiative
130 petitions or candidate petitions may be kept and
131 counted under specified conditions; providing
132 applicability; amending s. 101.161, F.S.; requiring
133 that constitutional amendments define all terms of art
134 and describe newly created rights, requirements,
135 prohibitions, and authorizations; amending the
136 inclusions on the ballot for every constitutional
137 amendment proposed by initiative to conform to changes
138 made by the act; conforming a cross-reference;
139 amending s. 104.045, F.S.; providing criminal
140 penalties for a person who submits a petition form or
141 refrains from submitting a petition form for any
142 initiative or candidate petition due to a corrupt
143 offer or the acceptance of a pecuniary or other
144 benefit; repealing s. 104.186, F.S., relating to
145 initiative petition circulators and violations
146 imposed; creating s. 106.031, F.S.; defining terms;
147 requiring certain political committees and donors and
148 entities to comply with specified provisions;
149 requiring that a statement of organization include a
150 certain attestation; requiring that specified reports
151 have a certain affirmation; requiring specified
152 persons to keep a certain record for a specified
153 timeframe; providing criminal penalties for a person
154 who fails to retain the record for such timeframe;
155 requiring that certain reports include a certain
156 attestation; requiring certain donors and entities to
157 make a certain attestation to the Division of
158 Elections within a specified timeframe; providing
159 criminal penalties for a person who fails to make such
160 attestation or makes a false attestation; providing
161 criminal penalties for political committees that
162 willfully submit certain statements or reports known
163 to be incorrect, false, or incomplete; providing that
164 civil penalties be imposed by the Florida Elections
165 Commission for violations of specified provisions;
166 authorizing the Attorney General to investigate, act
167 upon, or dispose certain violations; authorizing
168 criminal proceedings in a court of competent
169 jurisdiction; authorizing treble penalties; requiring
170 the division to adopt rules; amending s. 106.08, F.S.;
171 providing criminal penalties for foreign nationals who
172 make or offer to make certain contributions, foreign
173 nationals who direct, dictate, or control any person
174 to influence a citizen initiative by petition, certain
175 political committees that knowingly solicit or accept
176 expenditures from foreign nationals, or a foreign
177 national who willfully violates specified provisions;
178 authorizing the Attorney General to investigate, act
179 upon, or dispose certain violations; authorizing
180 criminal proceedings in a court of competent
181 jurisdiction; authorizing treble penalties; amending
182 s. 106.19, F.S.; deleting a provision relating to
183 violations by political committees for using petition
184 circulators; amending s. 212.055, F.S.; conforming a
185 cross-reference; providing for severability; providing
186 a directive to the Division of Law Revision; providing
187 an effective date.
188
189 Be It Enacted by the Legislature of the State of Florida:
190
191 Section 1. Subsection (2) of section 15.21, Florida
192 Statutes, is amended to read:
193 15.21 Initiative petitions; s. 3, Art. XI, State
194 Constitution.—
195 (2) If the Secretary of State has submitted an initiative
196 petition to the Attorney General pursuant to subsection (1) but
197 the validity of the signatures for such initiative petition has
198 expired pursuant to s. 100.371(6)(a) s. 100.371(11)(a) before
199 securing ballot placement, the Secretary of State must promptly
200 notify the Attorney General. The Secretary of State may resubmit
201 the initiative petition to the Attorney General if the
202 initiative petition is later circulated for placement on the
203 ballot of a subsequent general election and the criteria under
204 subsection (1) are satisfied.
205 Section 2. Subsection (1) of section 16.061, Florida
206 Statutes, is amended to read:
207 16.061 Initiative petitions.—
208 (1) The Attorney General shall, within 30 days after
209 receipt of a proposed revision or amendment to the State
210 Constitution by initiative petition from the Secretary of State,
211 petition the Supreme Court, requesting an advisory opinion
212 regarding the compliance of the text of the proposed amendment
213 or revision with s. 2, Art. I and s. 3, Art. XI of the State
214 Constitution, whether the proposed amendment is facially invalid
215 under the United States Constitution, the compliance of the text
216 of the proposed constitutional amendment or revision with s.
217 101.161, and the compliance of the proposed ballot title and
218 substance with s. 101.161. The petition may enumerate any
219 specific factual issues that the Attorney General believes would
220 require a judicial determination.
221 Section 3. Subsection (28) of section 97.021, Florida
222 Statutes, is amended to read:
223 97.021 Definitions.—For the purposes of this code, except
224 where the context clearly indicates otherwise, the term:
225 (28) “Petition circulator” means an entity or individual
226 who collects signatures for compensation for the purpose of
227 qualifying a proposed constitutional amendment for ballot
228 placement.
229 Section 4. Section 99.092, Florida Statutes, is amended to
230 read:
231 99.092 Qualifying fee of candidate; notification of
232 Department of State.—
233 (1) Each person seeking to qualify for nomination or
234 election to any office, except a person seeking to qualify by
235 the petition process pursuant to s. 99.095 and except a person
236 seeking to qualify as a write-in candidate, shall pay a
237 qualifying fee, which shall consist of a filing fee and election
238 assessment, to the officer with whom the person qualifies, and
239 any party assessment levied, and shall attach the original or
240 signed duplicate of the receipt for his or her party assessment
241 or pay the same, in accordance with the provisions of s.
242 103.121, at the time of filing his or her other qualifying
243 papers. The amount of the filing fee is 1 3 percent of the
244 annual salary of the office. The amount of the election
245 assessment is 1 percent of the annual salary of the office
246 sought. The election assessment shall be transferred to the
247 Elections Commission Trust Fund. The amount of the party
248 assessment is 1 2 percent of the annual salary. The annual
249 salary of the office for purposes of computing the filing fee,
250 election assessment, and party assessment shall be computed by
251 multiplying 12 times the monthly salary, excluding any special
252 qualification pay, authorized for such office as of July 1
253 immediately preceding the first day of qualifying. No qualifying
254 fee shall be returned to the candidate unless the candidate
255 withdraws his or her candidacy before the last date to qualify.
256 If a candidate dies prior to an election and has not withdrawn
257 his or her candidacy before the last date to qualify, the
258 candidate’s qualifying fee shall be returned to his or her
259 designated beneficiary, and, if the filing fee or any portion
260 thereof has been transferred to the political party of the
261 candidate, the Secretary of State shall direct the party to
262 return that portion to the designated beneficiary of the
263 candidate.
264 (2) The supervisor of elections shall, immediately after
265 the last day for qualifying, submit to the Department of State a
266 list containing the names, party affiliations, and addresses of
267 all candidates and the offices for which they qualified.
268 (3)(a) The division shall create a uniform petition form on
269 which signatures for a candidate petition will be affixed. The
270 form must solicit and require all of the following information:
271 1. The full name of the voter.
272 2. The voter’s residential address and county.
273 3. The voter’s voter registration number or date of birth.
274 4. The voter’s Florida driver license number, the voter’s
275 Florida identification card number, or the last four digits of
276 the voter’s social security number.
277 5. An attestation that the voter is a registered voter in
278 this state and is petitioning the Secretary of State to place
279 the candidate’s name on the ballot.
280 6. The voter’s signature and the date signed.
281 7. The candidate’s name and party information and the title
282 of the office sought by the candidate.
283 (b) The petition form must include a notice stating that
284 the form becomes public record upon receipt by the supervisor of
285 elections; that it is a first degree misdemeanor to knowingly
286 sign the same candidate petition more than once; and that the
287 form may not be validated if all requested information is not
288 provided.
289 Section 5. Subsection (3) of section 99.095, Florida
290 Statutes, is amended to read:
291 99.095 Petition process in lieu of a qualifying fee and
292 party assessment.—
293 (3) Each petition must be submitted before noon of the 28th
294 day preceding the first day of the qualifying period for the
295 office sought to the supervisor of elections of the county in
296 which such petition was circulated. Each supervisor shall check
297 the signatures on the petitions to verify their status as voters
298 in the county, district, or other geographical area represented
299 by the office sought. The supervisor may verify that the
300 signature on a form is valid only if the petition form is a
301 circulated petition form properly verified pursuant to s.
302 100.373 or a requested petition form properly verified pursuant
303 to s. 100.375. No later than the 7th day before the first day of
304 the qualifying period, the supervisor shall certify the number
305 of valid signatures.
306 Section 6. Paragraph (a) of subsection (4) of section
307 99.097, Florida Statutes, is amended to read:
308 99.097 Verification of signatures on petitions.—
309 (4)(a) The supervisor must be paid in advance the sum of 10
310 cents for each signature checked or the actual cost of checking
311 such signature, whichever is less, by the candidate or, in the
312 case of a petition to have a local issue placed on the ballot,
313 by the person or organization submitting the petition. In the
314 case of a petition to place a statewide issue on the ballot, the
315 person or organization submitting the petition must pay the
316 supervisor in advance the cost posted by the supervisor pursuant
317 to s. 100.371(6) s. 100.371(11) for the actual cost of checking
318 signatures to place a statewide issue on the ballot.
319 Section 7. Section 100.371, Florida Statutes, is amended to
320 read:
321 100.371 Initiatives; procedure for placement on ballot.—
322 (1) Constitutional amendments proposed by initiative shall
323 be placed on the ballot for the general election, provided the
324 initiative petition has been filed with the Secretary of State
325 no later than February 1 of the year the general election is
326 held. A petition shall be deemed to be filed with the Secretary
327 of State upon the date the secretary determines that valid and
328 verified petition forms have been signed by the constitutionally
329 required number and distribution of electors under this code.
330 (2) The sponsor of an initiative amendment shall, before
331 circulating any initiative petition forms to voters prior to
332 obtaining any signatures, register as a political committee
333 pursuant to s. 106.03 and submit the text of the proposed
334 amendment to the Secretary of State, with the form on which the
335 signatures will be affixed, and shall obtain the approval of the
336 Secretary of State of such form. The Secretary of State shall
337 adopt rules pursuant to s. 120.54 prescribing the style and
338 requirements of such form. Upon filing with the Secretary of
339 State, the text of the proposed amendment and all forms filed in
340 connection with this section must, upon request, be made
341 available in alternative formats.
342 (3)(a) The division shall assign the initiative petition a
343 petition number and create the form on which signatures for the
344 initiative petition must be affixed. The petition form must
345 prominently display the petition number, the ballot title, and
346 the full text of the proposed amendment; must contain the date
347 approved by the Secretary of State, a barcode associated with
348 the initiative petition, and a serial number; and must solicit
349 and require all of the following information:
350 1. The full name of the voter.
351 2. The voter’s residential address and county.
352 3. The voter’s voter registration number or date of birth.
353 4. The voter’s Florida driver license number or Florida
354 identification card number, or the last four digits of the
355 voter’s social security number.
356 5. An attestation that the voter is a registered Florida
357 voter and is petitioning the Secretary of State to place the
358 proposed amendment on the ballot.
359 6. The voter’s signature and the date signed A person may
360 not collect signatures or initiative petitions for compensation
361 unless the person is registered as a petition circulator with
362 the Secretary of State.
363 (b) The petition form must include a notice that states
364 that the form becomes public record upon receipt by the
365 supervisor; that it is a first degree misdemeanor to knowingly
366 sign the same initiative petition more than once; and that the
367 form may not be validated if all requested information is not
368 provided A citizen may challenge a petition circulator’s
369 registration under this section by filing a petition in circuit
370 court. If the court finds that the respondent is not a
371 registered petition circulator, the court may enjoin the
372 respondent from collecting signatures or initiative petitions
373 for compensation until she or he is lawfully registered.
374 (4) An application for registration must be submitted in
375 the format required by the Secretary of State and must include
376 the following:
377 (a) The information required to be on the petition form
378 under s. 101.161, including the ballot summary and title as
379 approved by the Secretary of State.
380 (b) The applicant’s name, permanent address, temporary
381 address, if applicable, and date of birth.
382 (c) An address in this state at which the applicant will
383 accept service of process related to disputes concerning the
384 petition process, if the applicant is not a resident of this
385 state.
386 (d) A statement that the applicant consents to the
387 jurisdiction of the courts of this state in resolving disputes
388 concerning the petition process.
389 (e) Any information required by the Secretary of State to
390 verify the applicant’s identity or address.
391 (5) All petitions collected by a petition circulator must
392 contain, in a format required by the Secretary of State, a
393 completed Petition Circulator’s Affidavit which includes:
394 (a) The circulator’s name and permanent address;
395 (b) The following statement, which must be signed by the
396 circulator:
397
398 By my signature below, as petition circulator, I
399 verify that the petition was signed in my presence.
400 Under penalties of perjury, I declare that I have read
401 the foregoing Petition Circulator’s Affidavit and the
402 facts stated in it are true.
403
404 (6) The division or the supervisor of elections shall make
405 hard copy petition forms or electronic portable document format
406 petition forms available to registered petition circulators. All
407 such forms must contain information identifying the petition
408 circulator to which the forms are provided. The division shall
409 maintain a database of all registered petition circulators and
410 the petition forms assigned to each. Each supervisor of
411 elections shall provide to the division information on petition
412 forms assigned to and received from petition circulators. The
413 information must be provided in a format and at times as
414 required by the division by rule. The division must update
415 information on petition forms daily and make the information
416 publicly available.
417 (7)(a) A sponsor that collects petition forms or uses a
418 petition circulator to collect petition forms serves as a
419 fiduciary to the elector signing the petition form, ensuring
420 that any petition form entrusted to the petition circulator
421 shall be promptly delivered to the supervisor of elections
422 within 30 days after the elector signs the form. If a petition
423 form collected by any petition circulator is not promptly
424 delivered to the supervisor of elections, the sponsor is liable
425 for the following fines:
426 1. A fine in the amount of $50 for each petition form
427 received by the supervisor of elections more than 30 days after
428 the elector signed the petition form or the next business day,
429 if the office is closed. A fine in the amount of $250 for each
430 petition form received if the sponsor or petition circulator
431 acted willfully.
432 2. A fine in the amount of $500 for each petition form
433 collected by a petition circulator which is not submitted to the
434 supervisor of elections. A fine in the amount of $1,000 for any
435 petition form not submitted if the sponsor or petition
436 circulator acted willfully.
437 (b) A showing by the sponsor that the failure to deliver
438 the petition form within the required timeframe is based upon
439 force majeure or impossibility of performance is an affirmative
440 defense to a violation of this subsection. The fines described
441 in this subsection may be waived upon a showing that the failure
442 to deliver the petition form promptly is based upon force
443 majeure or impossibility of performance.
444 (8) If the Secretary of State reasonably believes that a
445 person or entity has committed a violation of this section, the
446 secretary may refer the matter to the Attorney General for
447 enforcement. The Attorney General may institute a civil action
448 for a violation of this section or to prevent a violation of
449 this section. An action for relief may include a permanent or
450 temporary injunction, a restraining order, or any other
451 appropriate order.
452 (5)(9) The division shall adopt by rule a complaint form
453 for an elector who claims to have had his or her signature
454 misrepresented or, forged, or not delivered to the supervisor.
455 The division shall also adopt rules to ensure the integrity of
456 the petition form gathering process, including rules requiring
457 sponsors to account for all petition forms used by their agents.
458 Such rules may require a sponsor or petition circulator to
459 provide identification information on each petition form as
460 determined by the department as needed to assist in the
461 accounting of petition forms.
462 (10) The date on which an elector signs a petition form is
463 presumed to be the date on which the petition circulator
464 received or collected the petition form.
465 (6)(a)(11)(a) An initiative petition form circulated for
466 signature may not be bundled with or attached to any other
467 petition. Each signature shall be dated when made and shall be
468 valid until the next February 1 occurring in an even-numbered
469 year for the purpose of the amendment appearing on the ballot
470 for the general election occurring in that same year, provided
471 all other requirements of law are met. The sponsor shall submit
472 signed and dated forms to the supervisor of elections for the
473 county of residence listed by the person signing the form for
474 verification of the number of valid signatures obtained. If a
475 signature on a petition is from a registered voter in another
476 county, the supervisor shall notify the petition sponsor of the
477 misfiled petition. The supervisor shall promptly verify the
478 signatures within 60 days after receipt of the petition forms
479 and payment of a fee for the actual cost of signature
480 verification incurred by the supervisor. However, for petition
481 forms submitted less than 60 days before February 1 of an even
482 numbered year, the supervisor shall promptly verify the
483 signatures within 30 days after receipt of the form and payment
484 of the fee for signature verification. The supervisor shall
485 promptly record, in the manner prescribed by the Secretary of
486 State, the date each form is received by the supervisor, and the
487 date the signature on the form is verified as valid. The
488 supervisor may verify that the signature on a form is valid only
489 if:
490 1. The petition form is a circulated petition form properly
491 verified pursuant to s. 100.373; or The form contains the
492 original signature of the purported elector.
493 2. The petition form is a requested petition form properly
494 verified pursuant to s. 100.375 The purported elector has
495 accurately recorded on the form the date on which he or she
496 signed the form.
497 3. The form sets forth the purported elector’s name,
498 address, city, county, and voter registration number or date of
499 birth.
500 4. The purported elector is, at the time he or she signs
501 the form and at the time the form is verified, a duly qualified
502 and registered elector in the state.
503 5. The signature was obtained legally, including that if a
504 paid petition circulator was used, the circulator was validly
505 registered under subsection (3) when the signature was obtained.
506
507 The supervisor shall retain all signed petition signature forms,
508 separating forms verified as valid from those deemed invalid,
509 for at least 1 year following the election for which the
510 petition was circulated. Notwithstanding any other law, the
511 supervisor shall promptly transmit copies of signed petition
512 forms to the division upon request.
513 (b) Each supervisor shall post the actual cost of signature
514 verification on his or her website and may increase such cost,
515 as necessary, annually on March 1 February 2 of each even
516 numbered year. The cost includes, but is not limited to, costs
517 incurred processing and fulfilling requests, comparing
518 signatures, and validating information on circulated and
519 requested petition forms pursuant to ss. 100.373 and 100.375,
520 respectively. The division shall also publish each county’s
521 current cost on its website. The division and each supervisor
522 shall biennially review available technology aimed at reducing
523 verification costs.
524 (c) On the last day of each month, or on the last day of
525 each week from December 1 of an odd-numbered year through
526 February 1 of the following year, each supervisor shall post on
527 his or her website the total number of signatures submitted, the
528 total number of invalid signatures, the total number of
529 signatures processed, and the aggregate number of verified valid
530 signatures and the distribution of such signatures by
531 congressional district for each proposed amendment proposed by
532 initiative, along with the following information specific to the
533 reporting period: the total number of signed petition forms
534 received, the total number of signatures verified, the
535 distribution of verified valid signatures by congressional
536 district, and the total number of verified petition forms
537 forwarded to the Secretary of State.
538 (7)(a)(12) The Secretary of State shall determine from the
539 signatures verified by the supervisors of elections the total
540 number of verified valid signatures and the distribution of such
541 signatures by congressional districts, and the division shall
542 post such information on its website at the same intervals
543 specified in paragraph (6)(c) (11)(c). Upon a determination that
544 the requisite number and distribution of valid signatures have
545 been obtained, the secretary shall issue a certificate of ballot
546 position for that proposed amendment and shall assign a
547 designating number pursuant to s. 101.161. The Secretary of
548 State shall rescind the certificate of ballot position if:
549 1. An advisory opinion issued by the Supreme Court pursuant
550 to s. 3(b)(10), Art. V of the State Constitution deems the
551 initiative petition invalid; or
552 2. The Secretary of State determines, before August 1 of
553 the year the general election is held, that the initiative
554 petition did not obtain the requisite number or distribution of
555 valid signatures.
556 (b) The issuance of a certificate of ballot position
557 pursuant to paragraph (a) may be contested in the circuit court
558 by any voter. The contestant must file a complaint with the
559 clerk of the circuit court for Leon County no later than the
560 first Tuesday after the first Monday in January after the
561 election for which the petition was circulated. The complaint
562 must set forth the grounds on which the contestant intends to
563 establish that the initiative petition did not obtain the
564 requisite number or distribution of valid signatures.
565 (8)(a)(13)(a) At the same time the Secretary of State
566 submits an initiative petition to the Attorney General pursuant
567 to s. 15.21, the secretary shall submit a copy of the initiative
568 petition to a panel composed of three persons appointed by the
569 Governor the Financial Impact Estimating Conference. Within 75
570 days after receipt of a proposed revision or amendment to the
571 State Constitution by initiative petition from the Secretary of
572 State, the panel Financial Impact Estimating Conference shall
573 complete a statement on the an analysis and financial impact to
574 the state budget statement to be placed on the ballot of the
575 estimated increase or decrease in any revenues or costs to state
576 or local governments and the overall impact to the state budget
577 resulting from the proposed initiative. The 75-day time limit is
578 tolled when the Legislature is in session. The panel Financial
579 Impact Estimating Conference shall submit the financial impact
580 statement to the Attorney General and Secretary of State. If the
581 initiative petition has been submitted to the panel Financial
582 Impact Estimating Conference but the validity of signatures has
583 expired and the initiative petition no longer qualifies for
584 ballot placement at the ensuing general election, the Secretary
585 of State must notify the panel Financial Impact Estimating
586 Conference. The panel Financial Impact Estimating Conference is
587 not required to complete a an analysis and financial impact
588 statement for an initiative petition that fails to meet the
589 requirements of subsection (1) for placement on the ballot
590 before the 75-day time limit, including any tolling period,
591 expires. The initiative petition may be resubmitted to the panel
592 Financial Impact Estimating Conference if the initiative
593 petition meets the requisite criteria for a subsequent general
594 election cycle. A new Financial Impact Estimating Conference
595 shall be established at such time as the initiative petition
596 again satisfies the criteria in s. 15.21(1).
597 (b) Immediately upon receipt of a proposed revision or
598 amendment from the Secretary of State, the coordinator of the
599 Office of Economic and Demographic Research shall contact the
600 person identified as the sponsor to request an official list of
601 all persons authorized to speak on behalf of the named sponsor
602 and, if there is one, the sponsoring organization at meetings
603 held by the Financial Impact Estimating Conference. All other
604 persons shall be deemed interested parties or proponents or
605 opponents of the initiative. The Financial Impact Estimating
606 Conference shall provide an opportunity for any representatives
607 of the sponsor, interested parties, proponents, or opponents of
608 the initiative to submit information and may solicit information
609 or analysis from any other entities or agencies, including the
610 Office of Economic and Demographic Research.
611 (c) All meetings of the panel Financial Impact Estimating
612 Conference shall be open to the public. The panel shall prepare
613 The President of the Senate and the Speaker of the House of
614 Representatives, jointly, shall be the sole judge for the
615 interpretation, implementation, and enforcement of this
616 subsection.
617 1. The Financial Impact Estimating Conference is
618 established to review, analyze, and estimate the financial
619 impact of amendments to or revisions of the State Constitution
620 proposed by initiative. The Financial Impact Estimating
621 Conference shall consist of four principals: one person from the
622 Executive Office of the Governor; the coordinator of the Office
623 of Economic and Demographic Research, or his or her designee;
624 one person from the professional staff of the Senate; and one
625 person from the professional staff of the House of
626 Representatives. Each principal shall have appropriate fiscal
627 expertise in the subject matter of the initiative. A Financial
628 Impact Estimating Conference may be appointed for each
629 initiative.
630 2. Principals of the Financial Impact Estimating Conference
631 shall reach a consensus or majority concurrence on a clear and
632 unambiguous financial impact statement, no more than 150 words
633 in length, and immediately submit the statement to the Secretary
634 of State Attorney General. Nothing in this subsection prohibits
635 the panel Financial Impact Estimating Conference from setting
636 forth a range of potential impacts in the financial impact
637 statement. Any financial impact statement that a court finds not
638 to be in accordance with this section shall be remanded solely
639 to the Financial Impact Estimating Conference for redrafting.
640 The panel may Financial Impact Estimating Conference shall
641 redraft the financial impact statement before the 75th day
642 before the election within 15 days.
643 3. If the Supreme Court has rejected the initial submission
644 by the Financial Impact Estimating Conference and no redraft has
645 been approved by the Supreme Court by 5 p.m. on the 75th day
646 before the election, the following statement shall appear on the
647 ballot: “The impact of this measure, if any, has not been
648 determined at this time.”
649 (c)(d) The financial impact statement must be separately
650 contained and be set forth after the ballot summary and
651 disclosure of material legal effects as required in s.
652 101.161(1).
653 1. If the financial impact statement projects a net
654 negative impact on the state budget, the ballot must include the
655 statement required by s. 101.161(1)(c) s. 101.161(1)(b).
656 2. If the financial impact statement projects a net
657 positive impact on the state budget, the ballot must include the
658 statement required by s. 101.161(1)(d) s. 101.161(1)(c).
659 3. If the financial impact statement estimates an
660 indeterminate financial impact or if the members of the panel
661 Financial Impact Estimating Conference are unable to agree on
662 the statement required by this subsection, the ballot must
663 include the statement required by s. 101.161(1)(e) s.
664 101.161(1)(d).
665 (d)1.(e)1. Any financial impact statement that the Supreme
666 Court finds not to be in accordance with this subsection shall
667 be remanded solely to the Financial Impact Estimating Conference
668 for redrafting, provided the court’s advisory opinion is
669 rendered at least 75 days before the election at which the
670 question of ratifying the amendment will be presented. The
671 Financial Impact Estimating Conference shall prepare and adopt a
672 revised financial impact statement no later than 5 p.m. on the
673 15th day after the date of the court’s opinion.
674 2. If, by 5 p.m. on the 75th day before the election, the
675 Supreme Court has not issued an advisory opinion on the initial
676 financial impact statement prepared by the Financial Impact
677 Estimating Conference for an initiative amendment that otherwise
678 meets the legal requirements for ballot placement, the financial
679 impact statement shall be deemed approved for placement on the
680 ballot.
681 3. In addition to the financial impact statement required
682 by this subsection, the panel Financial Impact Estimating
683 Conference shall draft an initiative financial information
684 statement. The initiative financial information statement should
685 describe in greater detail than the financial impact statement
686 any projected increase or decrease in revenues or costs that the
687 state or local governments would likely experience if the ballot
688 measure were approved. If appropriate, the initiative financial
689 information statement may include both estimated dollar amounts
690 and a description placing the estimated dollar amounts into
691 context. The initiative financial information statement must
692 include both a summary of not more than 500 words and additional
693 detailed information that includes the assumptions that were
694 made to develop the financial impacts, workpapers, and any other
695 information deemed relevant by the Financial Impact Estimating
696 Conference.
697 2.4. The Department of State shall have printed, and shall
698 furnish to each supervisor of elections, a copy of the summary
699 from the initiative financial information statements. The
700 supervisors shall have the summary from the initiative financial
701 information statements available at each polling place and at
702 the main office of the supervisor of elections upon request.
703 3.5. The Secretary of State and the Office of Economic and
704 Demographic Research shall make available on the Internet each
705 initiative financial information statement in its entirety. In
706 addition, each supervisor of elections whose office has a
707 website shall post the summary from each initiative financial
708 information statement on the website. Each supervisor shall
709 include a copy of each summary from the initiative financial
710 information statements and the Internet addresses for the
711 information statements on the Secretary of State’s website and
712 the Office of Economic and Demographic Research’s websites in
713 the publication or mailing required by s. 101.20.
714 (9)(14) The Department of State may adopt rules in
715 accordance with s. 120.54 to carry out the provisions of
716 subsections (1)-(8) (1)-(14).
717 (10)(15) No provision of this code shall be deemed to
718 prohibit a private person exercising lawful control over
719 privately owned property, including property held open to the
720 public for the purposes of a commercial enterprise, from
721 excluding from such property persons seeking to engage in
722 activity supporting or opposing initiative amendments.
723 Section 8. Section 100.373, Florida Statutes, is created to
724 read:
725 100.373 Circulated petition forms; verification.—
726 (1) For the purposes of this chapter, the term “circulated
727 petition form” means an initiative petition form circulated
728 pursuant to s. 100.371, or a candidate petition form circulated
729 pursuant to s. 99.095, which has not been requested pursuant to
730 s. 100.375.
731 (2) A voter may submit a signed circulated petition form at
732 any supervisor of elections office located within the county in
733 which the voter is registered to vote. A circulated petition
734 form is valid only if the supervisor verifies that:
735 (a) The voter presenting the circulated petition form is
736 identified and his or her signature is verified pursuant to
737 subsection (3);
738 (b) The voter accurately recorded on the form the date on
739 which he or she signed the form;
740 (c) The form accurately sets forth the voter’s name,
741 address, city, county, and voter registration number or date of
742 birth;
743 (d) The form accurately sets forth the voter’s driver
744 license number, the voter’s Florida identification card number,
745 or the last four digits of the voter’s social security number;
746 and
747 (e) The voter is, at the time he or she signs the form and
748 at the time the form is verified, an active and duly qualified
749 and registered voter in this state.
750 (3)(a) The supervisor shall require the voter to present
751 one of the following forms of current and valid picture
752 identification:
753 1. Florida driver license.
754 2. Florida identification card issued by the Department of
755 Highway Safety and Motor Vehicles.
756 3. United States passport.
757 4. United States Uniformed Services or Merchant Marine
758 identification.
759 5. Veteran health identification card issued by the United
760 States Department of Veterans Affairs.
761 6. License to carry a concealed weapon or firearm issued
762 pursuant to s. 790.06.
763 7. Employee identification card issued by any branch,
764 department, agency, or entity of the Federal Government, the
765 state, a county, or a municipality.
766 (b) If the information on the picture identification
767 matches the information on the circulated petition form and the
768 supervisor is satisfied that the person presenting the
769 circulated petition form is the person shown on the picture
770 identification, the supervisor must deem the petition form
771 submitted. The supervisor shall then verify that the signature
772 on the circulated petition form matches a signature on file for
773 the voter in the Florida Voter Registration System.
774 Section 9. Section 100.375, Florida Statutes, is created to
775 read:
776 100.375 Requested petition forms; verification.—
777 (1) DEFINITION.—For purposes of this chapter, the term
778 “requested petition form” means an initiative petition form
779 created pursuant to s. 100.371, or a candidate petition form
780 created pursuant to s. 99.095, which is requested pursuant to
781 this section.
782 (2) REQUEST.—
783 (a) A supervisor shall accept a request for a petition form
784 only from a voter or, if directly instructed by the voter, a
785 member of the voter’s immediate family or the voter’s legal
786 guardian. A request may be made in person, in writing, by
787 telephone, or through the supervisor’s website. The supervisor
788 shall cancel a request for a petition form when any first-class
789 mail or nonforwardable mail sent by the supervisor to the voter
790 is returned as undeliverable. If the voter requests a petition
791 form thereafter, the voter must provide or confirm his or her
792 current residential address.
793 (b) The supervisor may accept a request for a petition form
794 to be mailed to a voter’s address on file in the Florida Voter
795 Registration System from the voter, or, if directly instructed
796 by the voter, from a member of the voter’s immediate family or
797 the voter’s legal guardian. If an in-person or a telephonic
798 request is made, the voter must provide the voter’s Florida
799 driver license number, the voter’s Florida identification card
800 number, or the last 4 digits of the voter’s social security
801 number. If the petition form is requested to be mailed to an
802 address other than the voter’s address on file in the Florida
803 Voter Registration System, the request must be made in writing.
804 A written request must be signed by the voter and include the
805 voter’s Florida driver license number, the voter’s Florida
806 identification card number, or the last 4 digits of the voter’s
807 social security number. The division shall create a uniform
808 application to request a candidate or initiative petition form.
809 The application must solicit and require the following
810 information:
811 1. The full name of the voter for whom the petition form is
812 requested;
813 2. The voter’s residential address and county and the
814 voter’s mailing address if different than the voter’s
815 residential address;
816 3. The voter’s voter registration number or date of birth;
817 4. The voter’s Florida driver license number, the voter’s
818 Florida identification card number, or last 4 digits of the
819 voter’s social security number;
820 5. The requester’s name, if applicable;
821 6. The requester’s residential address, if applicable;
822 7. The requester’s Florida driver license number, the
823 requester’s Florida identification card number, or the last 4
824 digits of the requester’s social security number, if applicable;
825 8. The requester’s relationship to the voter, if
826 applicable;
827 9. An affidavit stating that the requester is authorized by
828 the voter to request a petition form on the voter’s behalf, if
829 applicable;
830 10. The voter’s signature and the date signed or the
831 requester’s signature and the date signed; and
832 11. If the petition form requested is for an initiative
833 petition, the ballot title and initiative petition number
834 assigned by the division.
835 (c) For the purposes of this section, the term “immediate
836 family” refers to the following, as applicable:
837 1. The voter’s spouse, parent, child, grandparent,
838 grandchild, or sibling, or the parent, child, grandparent,
839 grandchild, or sibling of the voter’s spouse.
840 2. The designee’s spouse, parent, child, grandparent,
841 grandchild, or sibling, or the parent, child, grandparent,
842 grandchild, or sibling of the designee’s spouse.
843 (3) PETITION FORM REQUEST INFORMATION.—For each request for
844 a petition form received, the supervisor shall record the
845 following information and provide such information in an
846 electronic format as required by division rule:
847 (a) The date the request was made;
848 (b) The initiative petition number, if any;
849 (c) The identity of the voter’s designee making the
850 request, if applicable;
851 (d) The voter’s Florida driver license number, voter’s
852 Florida identification card number, or last 4 digits of the
853 voter’s social security number provided with a written request;
854 (e) The date the petition form was delivered to the voter
855 or the voter’s designee or the date the petition form was
856 delivered to the post office or other carrier;
857 (f) The address to which the petition form was mailed or
858 the identity of the voter’s designee to whom the petition form
859 was delivered, if applicable;
860 (g) The date the petition form was received by the
861 supervisor;
862 (h) The absence of the voter’s signature and the Voter’s
863 Certificate, if applicable;
864 (i) Whether the Voter’s Certificate contains a signature
865 that does not match a signature on file for the voter in the
866 Florida Voter Registration System; and
867 (j) Any other information the supervisor deems necessary.
868 (4) DELIVERY OF PETITION FORMS.—
869 (a) For the purposes of this section, the term “petition
870 deadline” means:
871 1. In the case of an initiative petition, the 30th day
872 preceding February 1 of the year the general election is held.
873 2. In the case of a candidate petition, the 28th day
874 preceding the first day of the qualifying period for the office
875 sought.
876 (b) The supervisor shall mail petition forms within 5
877 business days after receiving a request for such forms. However,
878 the supervisor shall mail petition forms that are requested
879 pursuant to this section on or before July 1, 2025, and no later
880 than July 5, 2025.
881 (c) The deadline to submit a request for a petition form to
882 be mailed is 5 p.m. local time on the 10th day before the
883 petition deadline.
884 (d) Upon request for a petition form, the supervisor shall
885 provide a petition form to each voter who has made a request for
886 such petition form, by one of the following means:
887 1. By nonforwardable, return-if-undeliverable mail to the
888 voter’s current mailing address on file with the supervisor or
889 any other address the voter specifies in the request. The
890 envelopes must be prominently marked “Do Not Forward.”
891 2. By personal delivery to the voter up to 5 p.m. on the
892 third day before the petition deadline upon presentation of the
893 identification required by s. 101.043.
894 3. By delivery to the voter’s designee up to 5 p.m. on the
895 third day before the petition deadline. Any voter may designate
896 in writing a person to pick up the petition form for the voter;
897 however, the person designated may not pick up more than 2
898 petition forms per petition, other than the designee’s own
899 petition form, except that additional petition forms may be
900 picked up for members of the designee’s immediate family. The
901 designee shall provide to the supervisor the written
902 authorization by the voter, the designee’s picture
903 identification and a completed affidavit. The designee shall
904 state in the affidavit that the designee is authorized by the
905 voter to pick up the petition form and must indicate if the
906 voter is a member of the designee’s immediate family, and, if
907 so, the relationship. The department shall prescribe the form of
908 the affidavit. If the supervisor is satisfied that the designee
909 is authorized to pick up the petition form and that the
910 signature of the voter on the written authorization matches the
911 signature of the voter on file, the supervisor must give the
912 petition form to the designee for delivery to the voter.
913 (e) If a requested petition form is mailed to an address
914 other than the voter’s address on file in the Florida Voter
915 Registration System or delivered to a designee, the supervisor
916 must mail a notice letter to the voter’s address on file with
917 the Florida Voter Registration System.
918 (5) MATERIALS.—Only the materials necessary to submit a
919 petition form may be mailed or delivered with any petition form.
920 (6) PROHIBITION.—A supervisor may not send a petition form
921 to a voter unless the voter has requested a petition form in the
922 manner authorized under this section.
923 (7) MAILING ENVELOPE.—
924 (a) The supervisor shall enclose with each petition form a
925 mailing envelope that must be addressed to the supervisor and
926 also bear on the back side a certificate in substantially the
927 following form:
928
929 Note: Please Read Instructions Carefully Before
930 Completing Petition Form and Completing Voter’s Certificate.
931
932 VOTER’S CERTIFICATE
933 I, ...., do solemnly swear or affirm that I am a qualified
934 and registered voter of .... County, Florida, and that I have
935 not and will not submit more than one petition form for this
936 initiative. I understand that if I commit or attempt to commit
937 any fraud in connection with a petition, submit a fraudulent
938 petition form, or submit more than one petition form for the
939 same initiative, I can be convicted of a misdemeanor of the
940 first degree and fined up to $1,000 and/or imprisoned for up to
941 a year. I also understand that failure to sign this certificate
942 will invalidate my petition form.
943 ...(Date)...
944 ...(Voter’s Signature)...
945 ...(E-Mail Address)...
946 ...(Home Telephone Number)...
947 ...(Mobile Telephone Number)...
948
949 (b) Each return mailing envelope must bear the voter’s name
950 and any encoded mark used by the supervisor’s office.
951 (c) A mailing envelope may not bear any indication of the
952 political affiliation of a voter.
953 (8) PLACEMENT OF THE VOTER’S CERTIFICATE.—The certificate
954 must be arranged on the back of the mailing envelope so that the
955 line for the signature of the voter is across the seal of the
956 envelope; however, no statement shall appear on the envelope
957 which indicates that a signature of the voter must cross the
958 seal of the envelope. The voter shall execute the certificate on
959 the envelope.
960 (9) INSTRUCTIONS.—The supervisor shall enclose with each
961 petition form separate printed instructions in substantially the
962 following form; however, where the instructions appear in
963 capitalized text, the text of the printed instructions must be
964 in boldface type:
965
966 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING
967 PETITION FORM.
968
969 1. VERY IMPORTANT. In order to ensure that your petition
970 form will be counted, it should be completed and returned as
971 soon as possible so that it can reach the supervisor of
972 elections of your county of residence no later than 5 p.m. on
973 [INSERT PETITION DEADLINE].
974 2. Place your completed petition form into the enclosed
975 mailing envelope, which is addressed to the supervisor.
976 3. Seal the mailing envelope and completely fill out the
977 Voter’s Certificate on the back of the mailing envelope.
978 4. VERY IMPORTANT. In order for your petition form to be
979 counted, you must sign your name on the line above (Voter’s
980 Signature). A petition form will not be counted if the signature
981 on the petition form does not match the signature on record. The
982 signature on file at the time the supervisor of elections in
983 your county of residence receives your petition form is the
984 signature that will be used to verify your signature on the
985 Voter’s Certificate. If you need to update your signature for
986 this election, send your signature update on a voter
987 registration application to your supervisor of elections so that
988 it is received before your petition form is received.
989 5. Mail, deliver, or have delivered the completed mailing
990 envelope. Be sure there is sufficient postage if mailed. THE
991 COMPLETED MAILING ENVELOPE MUST BE DELIVERED TO THE OFFICE OF
992 THE SUPERVISOR OF ELECTIONS OF YOUR COUNTY OF RESIDENCE.
993 6. FELONY NOTICE. It is a felony under Florida law to
994 accept any gift, payment, or gratuity in exchange for your
995 submission of a petition form. It is also a felony under Florida
996 law to submit a petition form using a false identity or false
997 address, or under any other circumstances making your petition
998 form false or fraudulent.
999 7. DEADLINE NOTICE. To ensure that your petition form
1000 counts, your supervisor of elections must receive your petition
1001 form by 5 p.m. [INSERT PETITION DEADLINE]. If you wait to mail
1002 your petition form, it might not count. To prevent this from
1003 occurring, please mail or turn in your petition form as soon as
1004 possible.
1005
1006 (10) REQUEST NOT TO PRECLUDE SUBMISSION OF A CIRCULATED
1007 PETITION FORM.—The provisions of this chapter may not be
1008 construed to prohibit a voter who has requested a petition form
1009 pursuant to this section from submitting a circulated petition
1010 form pursuant to s. 100.373, provided that the voter submits no
1011 more than one signed petition form for the same initiative or
1012 candidate petition.
1013 (11) ACCOMMODATION OF DISABILITIES.—It is the intent of the
1014 Legislature that submitting petition forms be by methods that
1015 are fully accessible to all voters, including voters having a
1016 disability. The department shall work with the supervisors and
1017 the disability community to develop and implement procedures and
1018 technologies that include processes for providing petition
1019 forms, upon request, in alternative formats that allow all
1020 voters to submit a petition form without the assistance of
1021 another person.
1022 (12) VERIFICATION.—A requested petition form is valid only
1023 if the supervisor verifies that:
1024 (a) The petition form was returned in a mailing envelope
1025 delivered by the supervisor pursuant to subsection (7) and the
1026 voter completed the voter certificate;
1027 (b) The signature on the petition form matches a signature
1028 on file for the voter in the Florida Voter Registration System;
1029 (c) The voter accurately recorded on the form the date on
1030 which the voter signed the form;
1031 (d) The form accurately sets forth the voter’s name,
1032 address, city, county, and voter registration number or date of
1033 birth;
1034 (e) The form accurately sets forth the voter’s Florida
1035 driver license number, the voter’s Florida identification card
1036 number, or the last 4 digits of the voter’s social security
1037 number; and
1038 (f) The voter is, at the time he or she signs the form and
1039 at the time the form is verified, an active and duly qualified
1040 and registered voter in this state.
1041 (13) POSTHUMOUS VERIFICATION.—An otherwise valid petition
1042 form may not be invalidated because the voter died after
1043 submitting the petition.
1044 Section 10. Section 100.377, Florida Statutes, is created
1045 to read:
1046 100.377 Signatures gathered for initiative petition; effect
1047 of this act.—Any initiative petition form approved by the
1048 Secretary of State before the effective date of this act may
1049 continue to be circulated. Any signature gathered on an
1050 authorized form for an initiative petition or candidate petition
1051 submitted to a supervisor of elections before the effective date
1052 of this act may be kept and counted, if otherwise valid, and
1053 that form is not required to be circulated and verified pursuant
1054 to s. 100.373 or requested and verified pursuant to s. 100.375.
1055 However, any signature submitted to a supervisor of elections
1056 after the effective date of this act is subject to the
1057 provisions of this act.
1058 Section 11. Subsection (1) of section 101.161, Florida
1059 Statutes, is amended to read:
1060 101.161 Referenda; ballots.—
1061 (1) A constitutional amendment proposed by initiative must
1062 define all terms of art and describe all newly created rights,
1063 requirements, prohibitions, and authorizations. Whenever a
1064 constitutional amendment or other public measure is submitted to
1065 the vote of the people, a ballot summary of such amendment or
1066 other public measure shall be printed in clear and unambiguous
1067 language on the ballot after the list of candidates, followed by
1068 the word “yes” and also by the word “no,” and shall be styled in
1069 such a manner that a “yes” vote will indicate approval of the
1070 proposal and a “no” vote will indicate rejection. The ballot
1071 summary of the amendment or other public measure and the ballot
1072 title to appear on the ballot shall be embodied in the
1073 constitutional revision commission proposal, constitutional
1074 convention proposal, taxation and budget reform commission
1075 proposal, or enabling resolution or ordinance. The ballot
1076 summary of the amendment or other public measure shall be an
1077 explanatory statement, not exceeding 75 words in length, of the
1078 chief purpose of the measure. In addition, for every
1079 constitutional amendment proposed by initiative, the ballot
1080 shall include, following the ballot summary, in the following
1081 order:
1082 (a) A disclosure prepared by the Attorney General
1083 describing the material legal effects of the proposed amendment
1084 and identifying each provision of the State Constitution and
1085 Florida Statutes which may be repealed in full or in part.
1086 (b) A separate financial impact statement concerning the
1087 measure prepared by a panel composed of three persons appointed
1088 by the Governor the Financial Impact Estimating Conference in
1089 accordance with s. 100.371(8) s. 100.371(13).
1090 (c)(b) If the financial impact statement projects a net
1091 negative impact on the state budget, the following statement in
1092 bold print:
1093
1094 THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO
1095 HAVE A NET NEGATIVE IMPACT ON THE STATE BUDGET. THIS
1096 IMPACT MAY RESULT IN HIGHER TAXES OR A LOSS OF
1097 GOVERNMENT SERVICES IN ORDER TO MAINTAIN A BALANCED
1098 STATE BUDGET AS REQUIRED BY THE CONSTITUTION.
1099
1100 (d)1.(c)1. If the financial impact statement projects a net
1101 positive impact on the state budget resulting in whole or in
1102 part from additional tax revenue, the following statement in
1103 bold print:
1104
1105 THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO
1106 HAVE A NET POSITIVE IMPACT ON THE STATE BUDGET. THIS
1107 IMPACT MAY RESULT IN GENERATING ADDITIONAL REVENUE OR
1108 AN INCREASE IN GOVERNMENT SERVICES.
1109
1110 2. If the financial impact statement projects a net
1111 positive impact on the state budget for reasons other than those
1112 specified in subparagraph 1., the following statement in bold
1113 print:
1114
1115 THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO
1116 HAVE A NET POSITIVE IMPACT ON THE STATE BUDGET. THIS
1117 IMPACT MAY RESULT IN LOWER TAXES OR AN INCREASE IN
1118 GOVERNMENT SERVICES.
1119
1120 (e)(d) If the financial impact statement is indeterminate
1121 or the members of the panel Financial Impact Estimating
1122 Conference are unable to agree on the financial impact
1123 statement, the following statement in bold print:
1124
1125 THE FINANCIAL IMPACT OF THIS AMENDMENT CANNOT BE
1126 DETERMINED DUE TO AMBIGUITIES AND UNCERTAINTIES
1127 SURROUNDING THE AMENDMENT’S IMPACT.
1128
1129 The ballot title shall consist of a caption, not exceeding 15
1130 words in length, by which the measure is commonly referred to or
1131 spoken of. This subsection does not apply to constitutional
1132 amendments or revisions proposed by joint resolution.
1133 Section 12. Section 104.045, Florida Statutes, is amended
1134 to read:
1135 104.045 Vote selling.—Any person who:
1136 (1) Corruptly offers to vote for or against, or to refrain
1137 from voting for or against, any candidate in any election, or to
1138 submit a petition form or refrain from submitting a petition
1139 form for any initiative or candidate petition, in return for
1140 pecuniary or other benefit; or
1141 (2) Accepts a pecuniary or other benefit in exchange for a
1142 promise to vote for or against, or to refrain from voting for or
1143 against, any candidate in any election, or to submit a petition
1144 form or refrain from submitting a petition form for any
1145 initiative or candidate petition,
1146
1147 is guilty of a felony of the third degree, punishable as
1148 provided in s. 775.082, s. 775.083, or s. 775.084.
1149 Section 13. Section 104.186, Florida Statutes, is repealed.
1150 Section 14. Section 106.031, Florida Statutes, is created
1151 to read:
1152 106.031 Reports and filings related to political committees
1153 organized to sponsor a constitutional amendment proposed by
1154 citizen initiative; penalties.—
1155 (1) As used in this section, the term
1156 (a) “Foreign national” has the same meaning as in s.
1157 106.08(12)(a)1.
1158 (b) “Preliminary activity” includes, but is not limited to,
1159 conducting a poll, drafting ballot petition language, conducting
1160 a focus group, making telephone calls, and travelling.
1161 (2) Any political committee that is organized to sponsor a
1162 constitutional amendment proposed by initiative shall also
1163 comply with the requirements of this section and this chapter.
1164 (3) Any donor or entity that makes a contribution or
1165 independent expenditure to a political committee organized to
1166 sponsor a constitutional amendment proposed by initiative shall
1167 also comply with the requirements of this section and this
1168 chapter.
1169 (4) The statement of organization required in s.
1170 106.03(1)(a) must include a statement attesting that no
1171 preliminary activity was funded by foreign nationals, whether
1172 directly or indirectly.
1173 (5) All reports required to be filed pursuant to s. 106.07
1174 must affirm that the political committee has not solicited or
1175 accepted contributions or expenditures from a foreign national.
1176 (6) Any person who makes an independent expenditure to a
1177 political committee organized to sponsor a citizen initiative
1178 petition shall also keep a record of the transaction for 5 years
1179 from the date of the independent expenditure. A person who fails
1180 to retain the records for a period of 5 years commits a
1181 misdemeanor of the third degree, punishable as provided in s.
1182 775.082 or s. 775.083.
1183 (7) Any report required pursuant to s. 106.07 must attest
1184 that each donor who made a contribution is not a foreign
1185 national and that each donor who made a contribution has not
1186 knowingly or willfully accepted funds aggregating in excess of
1187 $100,000 from a foreign national in the 4-year period preceding
1188 the date the contribution is made.
1189 (8) Each donor or entity that made an independent
1190 expenditure shall attest to the division within 48 hours after
1191 making one or more independent expenditures that it has not
1192 knowingly and willfully accepted funds aggregating in excess of
1193 $100,000 from a foreign national in the 4-year period preceding
1194 the date the contribution is made and that it will not do so
1195 through the election where the initiative is to appear on the
1196 ballot. A donor or entity that fails to make an attestation to
1197 the division within 48 hours after the contribution is made or
1198 makes a false attestation to the division commits a misdemeanor
1199 of the third degree punishable as provided in s. 775.082 or s.
1200 775.083.
1201 (9) Any political committee that willfully submits a false
1202 statement or report required under this section while knowing
1203 that such report is incorrect, false, or incomplete commits a
1204 misdemeanor of the first degree, punishable as provided in s.
1205 775.082 or s. 775.083.
1206 (10) Any political committee that violates this section is
1207 liable for a civil fine of up to $5,000 to be determined by the
1208 Florida Elections Commission.
1209 (11) Any donor or entity that made an independent
1210 expenditure that violates this section is liable for a civil
1211 fine of up to $5,000, to be determined by the Florida Elections
1212 Commission.
1213 (12) The Attorney General may investigate, act upon, or
1214 dispose of alleged criminal violations of this section. Criminal
1215 proceedings for violations of this section may be brought in the
1216 appropriate court of competent jurisdiction. In addition to
1217 other penalties provided, the court may assess a penalty up to
1218 three times the amount allowed in s. 775.083.
1219 (13) The division shall adopt rules to administer this
1220 section.
1221 Section 15. Subsection (12) of section 106.08, Florida
1222 Statutes, is amended to read:
1223 106.08 Contributions; limitations on.—
1224 (12)(a)1. For purposes of this subsection, the term
1225 “foreign national” means:
1226 a. A foreign government;
1227 b. A foreign political party;
1228 c. A foreign corporation, partnership, association,
1229 organization, or other combination of persons organized under
1230 the laws of or having its principal place of business in a
1231 foreign country;
1232 d. A person with foreign citizenship; or
1233 e. A person who is not a citizen or national of the United
1234 States and is not lawfully admitted to the United States for
1235 permanent residence.
1236 2. The term does not include:
1237 a. A person who is a dual citizen or dual national of the
1238 United States and a foreign country.
1239 b. A domestic subsidiary of a foreign corporation,
1240 partnership, association, organization, or other combination of
1241 persons organized under the laws of or having its principal
1242 place of business in a foreign country if:
1243 (I) The donations and disbursements used toward a
1244 contribution or an expenditure are derived entirely from funds
1245 generated by the subsidiary’s operations in the United States;
1246 and
1247 (II) All decisions concerning donations and disbursements
1248 used toward a contribution or an expenditure are made by
1249 individuals who either hold United States citizenship or are
1250 permanent residents of the United States. For purposes of this
1251 sub-sub-subparagraph, decisions concerning donations and
1252 disbursements do not include decisions regarding the
1253 subsidiary’s overall budget for contributions or expenditures in
1254 connection with an election.
1255 (b) A foreign national may not make or offer to make,
1256 directly or indirectly, a contribution or expenditure in
1257 connection with any election held in the state. A foreign
1258 national who willfully makes or offers to make, directly or
1259 indirectly, a contribution to any election in this state commits
1260 a felony of the third degree, punishable as provided in s.
1261 775.082 or s. 775.083.
1262 (c) A foreign national who directs, dictates, controls, or
1263 directly or indirectly participates in the decisionmaking
1264 process of any person with regard to that person’s activities to
1265 influence a citizen initiative by petition, such as decisions
1266 concerning the making of contributions or expenditures to
1267 influence a citizen initiative by petition, commits a felony of
1268 the third degree, punishable as provided in s. 775.082 or s.
1269 775.083.
1270 (d) A political committee organized to sponsor a citizen
1271 initiative by petition which knowingly solicits or accepts any
1272 expenditure from a foreign national commits a felony of the
1273 third degree, punishable as provided in s. 775.082 or s.
1274 775.083.
1275 (e) A foreign national who willfully violates any part of
1276 this subsection or a political committee that willfully violates
1277 any part of this subsection may be subject to a fine of at least
1278 $5,000 and up to $50,000, to be determined by the Florida
1279 Elections Commission.
1280 (f) The Attorney General may investigate, act upon, or
1281 dispose of alleged criminal violations of this subsection.
1282 Criminal proceedings for violations of this subsection may be
1283 brought in the appropriate court of competent jurisdiction. In
1284 addition to other penalties provided, the court may assess a
1285 penalty of up to three times the amount allowed in s. 775.083.
1286 Section 16. Subsection (3) of section 106.19, Florida
1287 Statutes, is amended to read:
1288 106.19 Violations by candidates, persons connected with
1289 campaigns, and political committees.—
1290 (3) A political committee sponsoring a constitutional
1291 amendment proposed by initiative which submits a petition form
1292 gathered by a paid petition circulator which does not provide
1293 the name and address of the paid petition circulator on the form
1294 is subject to the civil penalties prescribed in s. 106.265.
1295 Section 17. Paragraph (c) of subsection (1) of section
1296 212.055, Florida Statutes, is amended to read:
1297 212.055 Discretionary sales surtaxes; legislative intent;
1298 authorization and use of proceeds.—It is the legislative intent
1299 that any authorization for imposition of a discretionary sales
1300 surtax shall be published in the Florida Statutes as a
1301 subsection of this section, irrespective of the duration of the
1302 levy. Each enactment shall specify the types of counties
1303 authorized to levy; the rate or rates which may be imposed; the
1304 maximum length of time the surtax may be imposed, if any; the
1305 procedure which must be followed to secure voter approval, if
1306 required; the purpose for which the proceeds may be expended;
1307 and such other requirements as the Legislature may provide.
1308 Taxable transactions and administrative procedures shall be as
1309 provided in s. 212.054.
1310 (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
1311 SURTAX.—
1312 (c)1. The proposal to adopt a discretionary sales surtax as
1313 provided in this subsection and to create a trust fund within
1314 the county accounts shall be placed on the ballot in accordance
1315 with law and must be approved in a referendum held at a general
1316 election in accordance with subsection (10).
1317 2. If the proposal to adopt a surtax is by initiative, the
1318 petition sponsor must, at least 180 days before the proposed
1319 referendum, comply with all of the following:
1320 a. Provide a copy of the final resolution or ordinance to
1321 the Office of Program Policy Analysis and Government
1322 Accountability. The Office of Program Policy Analysis and
1323 Government Accountability shall procure a certified public
1324 accountant in accordance with subsection (11) for the
1325 performance audit.
1326 b. File the initiative petition and its required valid
1327 signatures with the supervisor of elections. The supervisor of
1328 elections shall verify signatures and retain signature forms in
1329 the same manner as required for initiatives under s. 100.371(6)
1330 s. 100.371(11).
1331 3. The failure of an initiative sponsor to comply with the
1332 requirements of subparagraph 2. renders any referendum held
1333 void.
1334 Section 18. If any provision of this act or its application
1335 to any person or circumstance is held invalid, the invalidity
1336 does not affect other provisions or applications of this act
1337 which can be given effect without the invalid provision or
1338 application, and to this end the provisions of this act are
1339 severable.
1340 Section 19. The Division of Law Revision is directed to
1341 replace the phrase “the effective date of this act” wherever it
1342 occurs in this act with the date this act becomes a law.
1343 Section 20. This act shall take effect upon becoming a law.