Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS/HB 1205, 1st Eng.
Ì4763441Î476344
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AE/2R .
04/30/2025 03:53 PM .
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Senators Gaetz and Grall moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. (1) The Legislature finds that the power to
6 propose an amendment to the State Constitution is reserved to
7 the people of Florida consistent with s. 3, Article XI of the
8 State Constitution. Evidence of fraud related to the process of
9 gathering signatures on petitions for constitutional amendments
10 compels the Legislature to act to protect the integrity of the
11 ballot, ensure a valid election process, and protect the
12 constitutionally provided initiative process.
13 (2) It is the intent of the Legislature to update the
14 reasonable regulations in place for petition circulators,
15 increase transparency and accountability for sponsors of
16 initiative petitions, provide prospective signatories with
17 objective information regarding the impact of a proposed
18 amendment, and deter, prevent, and penalize fraudulent
19 activities related to initiative petitions.
20 Section 2. Subsections (1) and (2) of section 15.21,
21 Florida Statutes, are amended to read:
22 15.21 Initiative petitions; s. 3, Art. XI, State
23 Constitution.—
24 (1) The Secretary of State shall immediately submit an
25 initiative petition to the Attorney General if the sponsor has:
26 (a) Registered as a political committee pursuant to s.
27 106.03;
28 (b) Submitted the ballot title, ballot summary substance,
29 and full text of the proposed revision or amendment to the
30 Secretary of State, who has received a financial impact
31 statement pursuant to ss. 100.371 and 101.161; and
32 (c) Obtained a letter from the Division of Elections
33 confirming that the sponsor has submitted to the appropriate
34 supervisors for verification, and the supervisors have verified,
35 forms signed and dated equal to 25 percent of the number of
36 electors statewide required by s. 3, Art. XI of the State
37 Constitution in one-half of the congressional districts of the
38 state.
39 (2) If the Secretary of State has submitted an initiative
40 petition to the Attorney General pursuant to subsection (1) but
41 the validity of the signatures for such initiative petition has
42 expired pursuant to s. 100.371(14)(a) s. 100.371(11)(a) before
43 securing ballot placement, the Secretary of State must promptly
44 notify the Attorney General. The Secretary of State may resubmit
45 the initiative petition to the Attorney General if the
46 initiative petition is later circulated for placement on the
47 ballot of a subsequent general election and the criteria under
48 subsection (1) are satisfied.
49 Section 3. Subsections (1), (2), and (3) of section 16.061,
50 Florida Statutes, are amended to read:
51 16.061 Initiative petitions.—
52 (1) The Attorney General shall, within 30 days after
53 receipt of a proposed revision or amendment to the State
54 Constitution by initiative petition from the Secretary of State,
55 petition the Supreme Court, requesting an advisory opinion
56 regarding the compliance of the text of the proposed amendment
57 or revision with s. 3, Art. XI of the State Constitution,
58 whether the proposed amendment is facially invalid under the
59 United States Constitution, and the compliance of the proposed
60 ballot title and substance with s. 101.161, and the compliance
61 of the financial impact statement with s. 100.371(16). The
62 petition may enumerate any specific factual issues that the
63 Attorney General believes would require a judicial
64 determination.
65 (2) A copy of the petition shall be provided to the
66 Secretary of State and the principal officer of the sponsor of
67 the initiative petition.
68 (3) Any financial fiscal impact statement that the Supreme
69 Court finds not to be in accordance with s. 100.371(16) must s.
70 100.371 shall be remanded solely to the Financial Impact
71 Estimating Conference for redrafting.
72 Section 4. Effective July 1, 2025, subsection (28) of
73 section 97.021, Florida Statutes, is amended to read:
74 97.021 Definitions.—For the purposes of this code, except
75 where the context clearly indicates otherwise, the term:
76 (28) “Petition circulator” means an entity or individual
77 who collects signatures for compensation for the purpose of
78 qualifying a proposed constitutional amendment for ballot
79 placement. The term does not include a person who collects,
80 delivers, or otherwise physically possesses no more than five
81 signed petition forms in addition to his or her own signed
82 petition form or a signed petition form belonging to the
83 person’s spouse, or the parent, child, grandparent, grandchild,
84 or sibling of the person or the person’s spouse.
85 Section 5. Paragraphs (a) and (d) of subsection (4) of
86 section 99.097, Florida Statutes, are amended, and paragraph (b)
87 of subsection (1) of that section is reenacted, to read:
88 99.097 Verification of signatures on petitions.—
89 (1)
90 (b) Rules and guidelines for petition verification shall be
91 adopted by the Department of State. Rules and guidelines for a
92 random sample method of verification may include a requirement
93 that petitions bear an additional number of names and
94 signatures, not to exceed 15 percent of the names and signatures
95 otherwise required. If the petitions do not meet such criteria
96 or if the petitions are prescribed by s. 100.371, the use of the
97 random sample method of verification is not available to
98 supervisors.
99 (4)(a) The supervisor must be paid in advance the sum of 10
100 cents for each signature checked or the actual cost of checking
101 such signature, whichever is less, by the candidate or, in the
102 case of a petition to have a local issue placed on the ballot,
103 by the person or organization submitting the petition. In the
104 case of a petition to place a statewide issue on the ballot, the
105 person or organization submitting the petition must pay the
106 supervisor in advance the cost posted by the supervisor pursuant
107 to s. 100.371(14) s. 100.371(11) for the actual cost of checking
108 signatures to place a statewide issue on the ballot.
109 (d) Except as provided in s. 100.371(14)(d), petitions must
110 be retained by the supervisors for a period of 1 year following
111 the election for which the petitions were circulated.
112 Section 6. Section 100.371, Florida Statutes, is amended to
113 read:
114 100.371 Initiatives; procedure for placement on ballot.—
115 (1)(a) Constitutional amendments proposed by initiative
116 shall be placed on the ballot for the general election, provided
117 the initiative petition has been filed with the Secretary of
118 State no later than February 1 of the year the general election
119 is held. A petition shall be deemed to be filed with the
120 Secretary of State upon the date the secretary determines that
121 valid and verified petition forms have been signed by the
122 constitutionally required number and distribution of voters
123 electors under this code.
124 (b) A sponsor of an initiative petition must obtain, at
125 least every third election cycle, a letter pursuant to s.
126 15.21(1)(c). Failure to obtain such letter results in expiration
127 of the initiative petition’s signatures and disbanding of the
128 sponsor’s political committee.
129 (c) Initiative petition signatures expire and the sponsor’s
130 political committee is disbanded if a constitutional amendment
131 proposed by initiative submitted to the Secretary of State
132 before February 1, 2022, fails to obtain a letter pursuant to s.
133 15.21(1)(c) on or before February 1, 2026. This paragraph does
134 not preclude such a sponsor from refiling the proposed amendment
135 as a new petition.
136 (2) The sponsor of an initiative amendment may not sponsor
137 more than one amendment and must shall, before circulating any
138 petition forms prior to obtaining any signatures, register as a
139 political committee pursuant to s. 106.03 and submit the ballot
140 title, ballot summary, article and section of the State
141 Constitution being amended, and full text of the proposed
142 amendment to the Secretary of State. The proposed amendment and
143 all forms filed in connection with this section must, upon
144 request, be made available in alternative formats, with the form
145 on which the signatures will be affixed, and shall obtain the
146 approval of the Secretary of State of such form. Upon receipt,
147 the Secretary of State shall assign the initiative petition a
148 petition number and submit a copy of the proposed amendment to
149 the Financial Impact Estimating Conference for review, analysis,
150 and estimation of the financial impact of the proposed
151 amendment. After the review by the Financial Impact Estimating
152 Conference, the division shall publish the forms with the
153 information provided for in subsection (3) and on which
154 signatures for the initiative petition will be affixed The
155 Secretary of State shall adopt rules pursuant to s. 120.54
156 prescribing the style and requirements of such form. Upon filing
157 with the Secretary of State, the text of the proposed amendment
158 and all forms filed in connection with this section must, upon
159 request, be made available in alternative formats.
160 (3)(a) Beginning July 1, 2025, the petition form must
161 prominently display all of the following:
162 1. The petition number.
163 2. The ballot title.
164 3. The ballot summary.
165 4. A notice that the form becomes a public record upon
166 receipt by the supervisor.
167 5. A notice that it is a misdemeanor of the first degree to
168 knowingly sign the petition more than once.
169 6. A notice that the form will not be validated if all of
170 the requested information is not completed.
171 7. For a proposed amendment submitted to the Secretary of
172 State after the effective date of this act, the financial impact
173 statement.
174 (b) The petition form must also include all of the
175 following:
176 1. The full text of the proposed amendment.
177 2. The name and address of the sponsor.
178 3. The date received by the Secretary of State.
179 4. A bar code or serial number associated with the
180 initiative petition.
181 (c) The petition form must solicit and require all of the
182 following information:
183 1. The full name of the voter.
184 2. The voter’s address and county of legal residence.
185 3. The voter’s Florida voter registration number or date of
186 birth.
187 4. The voter’s Florida driver license number or the voter’s
188 Florida identification card number issued pursuant to s.
189 322.051, or the last four digits of the voter’s social security
190 number.
191 5. An attestation that the voter is a registered Florida
192 voter and is petitioning the Secretary of State to place the
193 proposed amendment on the ballot.
194 6. The voter’s signature and the date on which the voter
195 signed the form.
196 (d) A petition form distributed by a petition circulator
197 must also include all of the following:
198 1. The Petition Circulator’s Affidavit with the
199 circulator’s name, permanent address, and petition circulator
200 number or barcode.
201 2. The following statement, which must be signed and dated
202 by the circulator:
203
204 By my signature below, as petition circulator, I
205 verify that the petition was completed and signed by
206 the voter in my presence. Under penalty of perjury, I
207 declare that I have read the foregoing Petition
208 Circulator’s Affidavit, and that the facts stated in
209 it are true, and that if I was paid to circulate or
210 collect this petition, payment was not on a per
211 signature basis.
212
213 (e) A petition form distributed by a person other than a
214 petition circulator must also include, in lieu of the Petition
215 Circulator’s Affidavit, the following notice:
216
217 This form is for PERSONAL USE only. Unless registered
218 as a petition circulator, it is a third degree felony
219 to collect, deliver, or otherwise physically possess
220 more than five signed petition forms in addition to
221 your own or those of immediate family members.
222
223 (f) The petition form must be in a type not less than 10
224 points, except for the full text of the proposed amendment,
225 which may be in a type not less than 6 points if 10-point type
226 would cause the length of the petition form to exceed one page
227 front and back.
228 (4)(a) Beginning July 1, 2025, unless registered as a
229 petition circulator with the Secretary of State and issued a
230 petition circulator number, a person may not collect, deliver,
231 or otherwise physically possess more than five signed petition
232 forms in addition to his or her own signed petition form or a
233 signed petition form belonging to an immediate family member.
234 This paragraph may not be construed to prohibit a person from
235 distributing petition forms designated for personal use as
236 described in paragraph (3)(e). For the purposes of this
237 subsection, the term “immediate family” means a person’s spouse,
238 or the parent, child, grandparent, grandchild, or sibling of the
239 person or the person’s spouse signatures or initiative petitions
240 for compensation unless the person is registered as a petition
241 circulator with the Secretary of State.
242 (b) A person may not collect signatures or initiative
243 petitions if he or she:
244 1. Has been convicted of a felony violation and has not had
245 his or her right to vote restored.
246 2. Is not a citizen of the United States.
247 3. Is not a resident of this state.
248 (b) A citizen may challenge a petition circulator’s
249 registration under this section by filing a petition in circuit
250 court. If the court finds that the respondent is not a
251 registered petition circulator, the court may enjoin the
252 respondent from collecting signatures or initiative petitions
253 for compensation until she or he is lawfully registered.
254 (c)(4) An application for registration must be submitted in
255 the format required by the Secretary of State and must include
256 the following:
257 1.(a) The information required to be on the petition form
258 under s. 101.161, including the ballot summary and title as
259 received approved by the Secretary of State.
260 2.(b) The applicant’s name, permanent address, temporary
261 address, if applicable, and date of birth, Florida driver
262 license or Florida identification card number, and the last four
263 digits of his or her social security number.
264 3.(c) An address in this state at which the applicant will
265 accept service of process related to disputes concerning the
266 petition process, if the applicant is not a resident of this
267 state.
268 4.(d) A statement that the applicant consents to the
269 jurisdiction of the courts of this state in resolving disputes
270 concerning the petition process.
271 5.(e) Any information required by the Secretary of State to
272 verify the applicant’s identity or address.
273 6. Whether the applicant has been convicted of a felony
274 violation and has not had his or her right to vote restored, by
275 including the statement, “I affirm that I am not a convicted
276 felon, or, if I am, my right to vote has been restored,” and
277 providing a box for the applicant to check to affirm the
278 statement.
279 7. Whether the applicant is a citizen of the United States,
280 by asking the question, “Are you a citizen of the United States
281 of America?” and providing boxes for the applicant to check
282 whether the applicant is or is not a citizen of the United
283 States.
284 8. Whether the applicant is a Florida resident by asking
285 the question, “Are you a resident of the state of Florida?” and
286 providing boxes for the applicant to check whether the applicant
287 is or is not a resident of the state of Florida.
288 9. The signature of the applicant under penalty of perjury
289 for false swearing pursuant to s. 104.011, by which the
290 applicant swears or affirms that the information contained in
291 the application is true.
292 (d) A citizen may challenge a petition circulator’s
293 registration under this section by filing a petition in circuit
294 court. If the court finds that the respondent is not a
295 registered petition circulator, the court may enjoin the
296 respondent from collecting signatures or initiative petitions
297 until he or she is lawfully registered.
298 (e) The division may revoke a petition circulator’s
299 registration upon the written request of the sponsor of the
300 initiative petition or if the circulator violates this section.
301 (f) A person may not register to collect signatures or
302 initiative petitions until he or she has completed the training
303 concerning the requirements for petition circulators. The
304 training must be developed by the division and must be in an
305 electronic format available on the division’s public website.
306 The training must, at a minimum, include the following:
307 1. An overview of the petition-gathering process.
308 2. An overview of the petition circulator registration
309 requirements.
310 3. An explanation that the sponsor of an initiative
311 amendment serves as a fiduciary to each voter who signs a
312 petition.
313 4. An explanation that the Florida Election Code prohibits
314 compensation or provision of any benefit based on the number of
315 petition forms gathered or the time within which a number of
316 petition forms are gathered.
317 5. The specific criminal penalties to which a petition
318 circulator may be subject for violating the Florida Election
319 Code.
320 (g) The sponsor of the initiative amendment is liable for a
321 fine in the amount of $50,000 for each person the sponsor
322 knowingly allows to collect petition forms on behalf of the
323 sponsor in violation of this subsection.
324 (5) A sponsor may not compensate a petition circulator
325 based on the number of petition forms gathered or the time
326 within which a number of petition forms are gathered. This
327 prohibition includes, but is not limited to, paying a specified
328 amount per petition form gathered, basing an hourly rate on the
329 number of petition forms gathered over a specified period of
330 time, or providing any other benefit or form of compensation
331 based on the number of petition forms gathered. All petitions
332 collected by a petition circulator must contain, in a format
333 required by the Secretary of State, a completed Petition
334 Circulator’s Affidavit which includes:
335 (a) The circulator’s name and permanent address;
336 (b) The following statement, which must be signed by the
337 circulator:
338
339 By my signature below, as petition circulator, I
340 verify that the petition was signed in my presence.
341 Under penalties of perjury, I declare that I have read
342 the foregoing Petition Circulator’s Affidavit and the
343 facts stated in it are true.
344
345 (6) The division or the supervisor of elections shall make
346 hard copy petition forms or electronic portable document format
347 petition forms available to registered petition circulators. All
348 such forms must contain information identifying the petition
349 circulator to whom which the forms are provided. The division
350 shall maintain a database of all registered petition circulators
351 and the petition forms assigned to each. Each supervisor of
352 elections shall provide to the division information on petition
353 forms assigned to and received from petition circulators. The
354 information must be provided in a format and at times as
355 required by the division by rule. The division must update
356 information on petition forms daily and make the information
357 publicly available.
358 (7)(a) A sponsor that collects petition forms or uses a
359 petition circulator to collect petition forms serves as a
360 fiduciary to the voter elector signing the petition form and
361 shall ensure, ensuring that any petition form entrusted to the
362 sponsor or petition circulator is shall be promptly delivered to
363 the supervisor of elections in the county in which the voter
364 resides within 10 30 days after the voter elector signs the
365 form. If a petition form collected by the sponsor or any
366 petition circulator is not promptly delivered to the supervisor
367 of elections, the sponsor is liable for the following fines:
368 1. A fine in the amount of $50 per each day late for each
369 petition form received by the supervisor of elections in the
370 county in which the voter resides more than 10 30 days after the
371 voter elector signed the petition form or the next business day,
372 if the office is closed. A fine in the amount of $2,500 $250 for
373 each petition form received if the sponsor or petition
374 circulator acted willfully.
375 2. A fine in the amount of $100 per each day late, up to a
376 maximum of $5,000, for each petition form collected by a sponsor
377 or a petition circulator, signed by a voter on or before
378 February 1 of the year the general election is held and received
379 by the supervisor of elections in the county in which the voter
380 resides after the deadline for such election. A fine in the
381 amount of $5,000 for each such petition form received if the
382 sponsor or petition circulator acted willfully.
383 3. A fine in the amount of $500 for each petition form
384 collected by a petition circulator which is not submitted to the
385 supervisor of elections in the county in which the voter
386 resides. A fine in the amount of $5,000 $1,000 for any petition
387 form not so submitted if the sponsor or petition circulator
388 acting on its behalf acted willfully.
389 (b) A showing by the sponsor that the failure to deliver
390 the petition form within the required timeframe is based upon
391 force majeure or impossibility of performance is an affirmative
392 defense to a violation of this subsection. The fines described
393 in this subsection may be waived upon a showing that the failure
394 to deliver the petition form promptly is based upon force
395 majeure or impossibility of performance.
396 (8) If a person collecting petition forms on behalf of a
397 sponsor of an initiative petition signs another person’s name or
398 a fictitious name to any petition, or fills in missing
399 information on a signed petition, to secure a ballot position in
400 violation of s. 104.185(2), the sponsor of the initiative
401 petition is liable for a fine in the amount of $5,000 for each
402 such petition.
403 (9) If a person collecting petition forms on behalf of a
404 sponsor of an initiative petition copies or retains a voter’s
405 personal information, such as the voter’s Florida driver license
406 number, Florida identification card number, social security
407 number, or signature, for any reason other than to provide such
408 information to the sponsor of the initiative petition, the
409 person commits a felony of the third degree, punishable as
410 provided in s. 775.082, s. 775.083, or s. 775.084.
411 (10) A sponsor of an initiative petition or a person
412 collecting petition forms on behalf of a sponsor of an
413 initiative petition may not mail or otherwise provide a petition
414 form upon which any information about a voter has been filled in
415 before it is provided to the voter. The sponsor of an initiative
416 petition is liable for a fine in the amount of $50 for each
417 petition form that is a violation of this subsection.
418 (11)(8) If the Secretary of State reasonably believes that
419 a person or entity has committed a violation of this section,
420 the secretary may refer the matter to the Attorney General for
421 enforcement. The Attorney General may institute a civil action
422 for a violation of this section or to prevent a violation of
423 this section. An action for relief may include a permanent or
424 temporary injunction, a restraining order, or any other
425 appropriate order. If the sponsor of an initiative petition
426 discovers a violation of this section and reports the violation
427 as soon as practicable to the secretary, the sponsor may not be
428 fined for such violation.
429 (12)(9) The division shall adopt by rule a complaint form
430 for a voter an elector who claims to have had his or her
431 signature misrepresented, forged, or not delivered to the
432 supervisor. The division shall also adopt rules to ensure the
433 integrity of the petition form gathering process, including
434 rules requiring sponsors to account for all petition forms used
435 by their agents. Such rules may require a sponsor or petition
436 circulator to provide identification information on each
437 petition form as determined by the department as needed to
438 assist in the accounting of petition forms.
439 (13)(10) The date on which a voter an elector signs a
440 petition form is presumed to be the date on which the petition
441 circulator received or collected the petition form.
442 (14)(a)(11)(a) An initiative petition form circulated for
443 signature may not be bundled with or attached to any other
444 petition. Each signature shall be dated when made and shall be
445 valid until the next February 1 occurring in an even-numbered
446 year for the purpose of the amendment appearing on the ballot
447 for the general election occurring in that same year, provided
448 all other requirements of law are met. The sponsor shall submit
449 signed and dated forms to the supervisor of elections for the
450 county of residence listed by the person signing the form for
451 verification of the number of valid signatures obtained.
452 (b) The supervisor shall record the date each submitted
453 petition is received. If a signature on a petition is from a
454 registered voter in another county, the supervisor must shall
455 notify the petition sponsor and the division of the misfiled
456 petition. The supervisor shall promptly verify the signatures
457 within 60 days after receipt of the petition forms and payment
458 and processing of a fee for the actual cost of signature
459 verification incurred by the supervisor. However, for petition
460 forms submitted less than 60 days before February 1 of an even
461 numbered year, the supervisor shall promptly verify the
462 signatures within 30 days after receipt of the form and payment
463 of the fee for signature verification.
464 (c) Beginning July 1, 2025, the supervisor shall promptly
465 record, in the manner prescribed by the Secretary of State, the
466 date each form is received by the supervisor, and the date the
467 signature on the form is verified as valid. The supervisor may
468 verify that the signature on a form is valid only if:
469 1. The form contains the original signature of the
470 purported voter elector.
471 2. The purported voter elector has accurately recorded on
472 the form the date on which he or she signed the form.
473 3. The form sets forth the purported voter’s: elector’s
474 a. Full name;,
475 b. Address and, city, county of residence;, and
476 c. Voter registration number or date of birth; and
477 d. Florida driver license or Florida identification card
478 number issued pursuant to s. 322.051 or the last four digits of
479 the voter’s social security number.
480 4. The purported voter elector is, at the time he or she
481 signs the form and at the time the form is verified, a duly
482 qualified and registered voter elector in the state.
483 5. The signature was obtained legally, including that if a
484 paid petition circulator was used, the circulator was validly
485 registered under subsection (4) (3) when the signature was
486 obtained.
487
488 The supervisor shall retain all signature forms, separating
489 forms verified as valid from those deemed invalid, for at least
490 1 year following the election for which the petition was
491 circulated.
492 (d)1.(b) On the last day of each month, or on the last day
493 of each week from December 1 of an odd-numbered year through
494 February 1 of the following year, each supervisor shall
495 electronically transmit all received petition forms to the
496 division. The digital images of the scanned petition forms must
497 be of high enough quality that division personnel are able to
498 accurately discern elements contained in such forms. Forms must
499 be identified as valid or as invalid.
500 2. Each supervisor shall retain all petition forms,
501 identifying forms verified as valid from those deemed invalid,
502 until all petition forms have been processed following the
503 February 1 deadline. As soon as practicable following the
504 processing of the last timely submitted petition form, but not
505 later than March 15 following the February 1 deadline, the
506 supervisor shall deliver the physical forms to the division. The
507 division shall retain all petition forms for 1 year following
508 the election for which the petition was circulated.
509 (e) Beginning October 1, 2025, when the signature on the
510 petition form is verified as valid, the supervisor shall, as
511 soon as practicable, notify the voter by mail at the mailing
512 address on file in the Florida Voter Registration System.
513 1. Such notice must be sent by forwardable mail with a
514 postage prepaid preaddressed form, which may be returned to the
515 Office of Election Crimes and Security. The notice must include
516 contact information for the Office of Election Crimes and
517 Security, including the telephone number, fax number, mailing
518 address, and e-mail address. The notice must include all of the
519 following statements or information in substantially the
520 following form:
521
522 NOTICE
523
524 A petition to place a proposed constitutional
525 amendment on the ballot for the next general election,
526 bearing your name and signature, has been received and
527 verified by the Supervisor of Elections Office in ...
528 (insert county)....
529
530 The petition is for ...(insert the petition serial
531 number and ballot title)... and was signed on
532 ...(insert the date the voter signed the petition)....
533
534 Check this box ☐, sign, and return this notice to the
535 Office of Election Crimes and Security if you believe
536 your signature has been misrepresented or forged on a
537 petition. The petition form in question will be
538 invalidated and will not be counted toward the number
539 of signatures required to place this proposed
540 constitutional amendment on the ballot.
541
542 A notice being returned must be received by the Office
543 of Election Crimes and Security on or before February
544 1 ... (insert the year in which the general election
545 is held)....
546
547 ...(Insert the voter’s Florida voter registration
548 number, and if applicable, the petition circulator’s
549 number)....
550
551 By signing below, I swear or affirm that my signature
552 was misrepresented or forged on the petition form
553 indicated in this notice.
554
555 ...(Voter’s Signature)... ...(Date)...
556
557 This notice becomes a public record upon receipt by
558 the Office of Election Crimes and Security. It is a
559 second degree misdemeanor, punishable as provided in
560 s. 775.082, Florida Statutes, or s. 772.083, Florida
561 Statutes, for a person to knowingly make a false
562 official statement pursuant to s. 837.06, Florida
563 Statutes.
564
565 2. Upon receiving a completed notice, the Office of
566 Election Crimes and Security shall transmit a copy of such
567 notices to the division. The division shall deem the voter’s
568 petition form invalid.
569 (f) Each supervisor shall post the actual cost of signature
570 verification for petition forms received more than 60 days
571 before February 1 of an even-numbered year and for petition
572 forms received less than 60 days before February 1 of an even
573 numbered year on his or her website, and may increase such cost,
574 as necessary, annually on March 1 February 2 of each even
575 numbered year. These costs include operating and personnel costs
576 associated with comparing signatures, printing and all postage
577 costs related to the verification notice required by paragraph
578 (e), and transmitting petition forms to the division. The
579 division shall also publish each county’s current cost on its
580 website. The division and each supervisor shall biennially
581 review available technology aimed at reducing verification
582 costs.
583 (g)(c) On the last day of each month, or on the last day of
584 each week from December 1 of an odd-numbered year through
585 February 1 of the following year, each supervisor shall post on
586 his or her website the total number of signatures submitted, the
587 total number of invalid signatures, the total number of
588 signatures processed, and the aggregate number of verified valid
589 signatures and the distribution of such signatures by
590 congressional district for each proposed amendment proposed by
591 initiative, along with the following information specific to the
592 reporting period: the total number of signed petition forms
593 received, the total number of signatures verified, the
594 distribution of verified valid signatures by congressional
595 district, and the total number of verified petition forms
596 forwarded to the Secretary of State. For any reporting period in
597 which the percentage of petition forms deemed invalid by the
598 supervisor exceeds a total of 25 percent of the petition forms
599 received by the supervisor for that reporting period, the
600 supervisor shall notify the Office of Election Crimes and
601 Security. The Office of Election Crimes and Security shall
602 conduct a preliminary investigation into the activities of the
603 sponsor, one or more petition circulators, or a person
604 collecting petition forms on behalf of a sponsor, to determine
605 whether the invalidated petitions are a result of fraud or any
606 other violation of this section. As authorized by ss. 97.012(15)
607 and 97.022(1), the Office of Elections Crimes and Security may,
608 if warranted, report findings to the statewide prosecutor or the
609 state attorney for the judicial circuit in which the alleged
610 violation occurred for prosecution.
611 (h) A signed petition form submitted by an ineligible or
612 unregistered petition circulator must be invalidated and may not
613 be counted toward the number of necessary signatures for
614 placement on the ballot.
615 (15)(12) The Secretary of State shall determine from the
616 signatures verified by the supervisors of elections the total
617 number of verified valid signatures, less any signatures that
618 were invalidated pursuant to subsection (14), and the
619 distribution of such signatures by congressional districts, and
620 the division shall post such information on its website at the
621 same intervals specified in paragraph (14)(g) (11)(c). Upon a
622 determination that the requisite number and distribution of
623 valid signatures have been obtained, the secretary shall issue a
624 certificate of ballot position for that proposed amendment and
625 shall assign a designating number pursuant to s. 101.161. The
626 secretary must rescind the certificate of ballot position if an
627 advisory opinion issued by the Supreme Court pursuant to s.
628 16.061(1) deems the initiative petition invalid.
629 (16)(a)(13)(a) Upon receipt of a proposed revision or
630 amendment from the Secretary of State, the coordinator of the
631 Office of Economic and Demographic Research shall contact the
632 person identified as the sponsor to request an official list of
633 all persons authorized to speak on behalf of the named sponsor
634 and, if there is one, the sponsoring organization at meetings
635 held by the Financial Impact Estimating Conference. All other
636 persons must be deemed interested parties or proponents or
637 opponents of the initiative. The Financial Impact Estimating
638 Conference shall provide an opportunity for any representative
639 of the sponsor, interested parties, and proponents or opponents
640 of the initiative to submit information and may solicit
641 information or analysis from any other entities or agencies,
642 including the Office of Economic and Demographic Research At the
643 same time the Secretary of State submits an initiative petition
644 to the Attorney General pursuant to s. 15.21, the secretary
645 shall submit a copy of the initiative petition to the Financial
646 Impact Estimating Conference.
647 (b) Within 75 days after receipt of a proposed revision or
648 amendment to the State Constitution by initiative petition from
649 the Secretary of State, the Financial Impact Estimating
650 Conference shall complete an analysis and financial impact
651 statement to be placed on the ballot of the estimated increase
652 or decrease in any revenues or costs to state or local
653 governments and the overall impact to the state budget resulting
654 from the proposed initiative. The 75-day time limit is tolled
655 when the Legislature is in session. The Financial Impact
656 Estimating Conference shall submit the financial impact
657 statement to the Attorney General and Secretary of State. If the
658 initiative petition has been submitted to the Financial Impact
659 Estimating Conference but the validity of signatures has expired
660 and the initiative petition no longer qualifies for ballot
661 placement at the ensuing general election, the Secretary of
662 State must notify the Financial Impact Estimating Conference.
663 The Financial Impact Estimating Conference does is not required
664 to complete an analysis and financial impact statement for an
665 initiative petition that fails to meet the requirements of
666 subsection (1) for placement on the ballot before the 75-day
667 time limit, including any tolling period, expires, the ballot
668 must include the statement required by s. 101.161(1)(e). The
669 initiative petition may be resubmitted to the Financial Impact
670 Estimating Conference if the initiative petition meets the
671 requisite criteria for a subsequent general election cycle. A
672 new Financial Impact Estimating Conference shall be established
673 at such time as the initiative petition again satisfies the
674 criteria in s. 15.21(1).
675 (b) Immediately upon receipt of a proposed revision or
676 amendment from the Secretary of State, the coordinator of the
677 Office of Economic and Demographic Research shall contact the
678 person identified as the sponsor to request an official list of
679 all persons authorized to speak on behalf of the named sponsor
680 and, if there is one, the sponsoring organization at meetings
681 held by the Financial Impact Estimating Conference. All other
682 persons shall be deemed interested parties or proponents or
683 opponents of the initiative. The Financial Impact Estimating
684 Conference shall provide an opportunity for any representatives
685 of the sponsor, interested parties, proponents, or opponents of
686 the initiative to submit information and may solicit information
687 or analysis from any other entities or agencies, including the
688 Office of Economic and Demographic Research.
689 (c) The Financial Impact Estimating Conference may be
690 convened only by the President of the Senate and the Speaker of
691 the House of Representatives, jointly. All meetings of the
692 Financial Impact Estimating Conference shall be open to the
693 public. The President of the Senate and the Speaker of the House
694 of Representatives, jointly, shall be the sole judge for the
695 interpretation, implementation, and enforcement of this
696 subsection.
697 1. The Financial Impact Estimating Conference is
698 established to review, analyze, and estimate the financial
699 impact of amendments to or revisions of the State Constitution
700 proposed by initiative. The Financial Impact Estimating
701 Conference shall be composed consist of four principals: one
702 person from the professional staff of the Executive Office of
703 the Governor or from a state agency, designated by the Governor;
704 the coordinator of the Office of Economic and Demographic
705 Research, or his or her designee; one person from the
706 professional staff of the Senate, designated by the President of
707 the Senate; and one person from the professional staff of the
708 House of Representatives, designated by the Speaker of the House
709 of Representatives. Each principal shall have appropriate fiscal
710 expertise in the subject matter of the initiative. A Financial
711 Impact Estimating Conference may be appointed for each
712 initiative.
713 2. Principals of the Financial Impact Estimating Conference
714 shall reach a consensus or majority concurrence on a clear and
715 unambiguous financial impact statement, no more than 150 words
716 in length, and immediately submit the statement to the Attorney
717 General. Nothing in this subsection prohibits the Financial
718 Impact Estimating Conference from setting forth a range of
719 potential impacts in the financial impact statement. Any
720 financial impact statement that a court finds not to be in
721 accordance with this section shall be remanded solely to the
722 Financial Impact Estimating Conference for redrafting. The
723 Financial Impact Estimating Conference shall redraft the
724 financial impact statement within 15 days.
725 3. If the Supreme Court has rejected the initial submission
726 by the Financial Impact Estimating Conference and no redraft has
727 been approved by the Supreme Court by 5 p.m. on the 75th day
728 before the election, the following statement shall appear on the
729 ballot: “The impact of this measure, if any, has not been
730 determined at this time.”
731 (d) The financial impact statement must be separately
732 contained on the petition form and the ballot and be set forth
733 after the ballot summary as required in s. 101.161(1).
734 1. If the financial impact statement projects a net
735 negative impact on the state budget, the ballot must include the
736 statement required by s. 101.161(1)(b).
737 2. If the financial impact statement projects a net
738 positive impact on the state budget, the ballot must include the
739 statement required by s. 101.161(1)(c).
740 3. If the financial impact statement estimates an
741 indeterminate financial impact or if the members of the
742 Financial Impact Estimating Conference are unable to agree on
743 the statement required by this subsection, the ballot must
744 include the statement required by s. 101.161(1)(d).
745 4. If the financial impact statement was not produced or if
746 the Financial Impact Estimating Conference did not meet to
747 produce the financial statement, the ballot must include the
748 statement required by s. 101.161(1)(e).
749 (e)1. Any financial impact statement that the Supreme Court
750 finds not to be in accordance with this subsection shall be
751 remanded solely to the Financial Impact Estimating Conference
752 for redrafting, provided the court’s advisory opinion is
753 rendered at least 75 days before the election at which the
754 question of ratifying the amendment will be presented. The
755 Financial Impact Estimating Conference shall prepare and adopt a
756 revised financial impact statement no later than 5 p.m. on the
757 15th day after the date of the court’s opinion. The sponsor of
758 the initiative must refile the petition with the revised
759 financial impact statement with the Secretary of State as a new
760 petition.
761 2. If, by 5 p.m. on the 75th day before the election, the
762 Supreme Court has not issued an advisory opinion on the initial
763 financial impact statement prepared by the Financial Impact
764 Estimating Conference for an initiative amendment that otherwise
765 meets the legal requirements for ballot placement, the financial
766 impact statement shall be deemed approved for placement on the
767 ballot.
768 (f)3. In addition to the financial impact statement
769 required by this subsection, the Financial Impact Estimating
770 Conference shall draft an initiative financial information
771 statement. The initiative financial information statement should
772 describe in greater detail than the financial impact statement
773 any projected increase or decrease in revenues or costs that the
774 state or local governments would likely experience if the ballot
775 measure were approved. If appropriate, the initiative financial
776 information statement may include both estimated dollar amounts
777 and a description placing the estimated dollar amounts into
778 context. The initiative financial information statement must
779 include both a summary of not more than 500 words and additional
780 detailed information that includes the assumptions that were
781 made to develop the financial impacts, workpapers, and any other
782 information deemed relevant by the Financial Impact Estimating
783 Conference.
784 (g)4. The Department of State shall have printed, and shall
785 furnish to each supervisor of elections, a copy of the summary
786 from the initiative financial information statements. The
787 supervisors shall have the summary from the initiative financial
788 information statements available at each polling place and at
789 the main office of the supervisor of elections upon request.
790 (h)5. The Secretary of State and the Office of Economic and
791 Demographic Research shall make available on the Internet each
792 initiative financial information statement in its entirety. In
793 addition, each supervisor of elections whose office has a
794 website shall post the summary from each initiative financial
795 information statement on the website. Each supervisor shall
796 include a copy of each summary from the initiative financial
797 information statements and the Internet addresses for the
798 information statements on the Secretary of State’s and the
799 Office of Economic and Demographic Research’s websites in the
800 publication or mailing required by s. 101.20.
801 (17)(14) The Department of State may adopt rules in
802 accordance with s. 120.54 to implement this section carry out
803 the provisions of subsections (1)-(14).
804 (18)(15) No provision of this code shall be deemed to
805 prohibit a private person exercising lawful control over
806 privately owned property, including property held open to the
807 public for the purposes of a commercial enterprise, from
808 excluding from such property persons seeking to engage in
809 activity supporting or opposing initiative amendments.
810 Section 7. (1) By July 1, 2025, the Department of State
811 shall update the forms as required by the amendments made to s.
812 100.371(3), Florida Statutes, for any proposed amendments
813 received before July 1, 2025.
814 (2)(a) By June 1, 2025, the Department of State shall make
815 available a new petition circulator application to incorporate
816 the amendments made to s. 100.371(4), Florida Statutes.
817 (b)1. Effective July 1, 2025, the registration of each
818 petition circulator expires.
819 2. No later than 7 days after this section becomes law, the
820 Department of State shall notify each petition circulator that
821 his or her registration expires on July 1, 2025, and that he or
822 she may reregister by completing a new application that will be
823 available before the current registration expires.
824 (c) By June 1, 2025, the Department of State shall develop
825 the training required by s. 100.371(4)(f), Florida Statutes.
826 (3) No later than October 1, 2025, a supervisor of
827 elections may increase the cost of signature verification
828 pursuant to the amendments made to s. 100.371(14)(f), Florida
829 Statutes. A supervisor shall post the cost of signature
830 verification on his or her publicly available website as soon as
831 such cost is determined.
832 Section 8. Paragraph (a) of subsection (1) of section
833 101.161, Florida Statutes, is amended, and paragraph (e) is
834 added to that subsection, to read:
835 101.161 Referenda; ballots.—
836 (1) Whenever a constitutional amendment or other public
837 measure is submitted to the vote of the people, a ballot summary
838 of such amendment or other public measure shall be printed in
839 clear and unambiguous language on the ballot after the list of
840 candidates, followed by the word “yes” and also by the word
841 “no,” and shall be styled in such a manner that a “yes” vote
842 will indicate approval of the proposal and a “no” vote will
843 indicate rejection. The ballot summary of the amendment or other
844 public measure and the ballot title to appear on the ballot
845 shall be embodied in the constitutional revision commission
846 proposal, constitutional convention proposal, taxation and
847 budget reform commission proposal, or enabling resolution or
848 ordinance. The ballot summary of the amendment or other public
849 measure shall be an explanatory statement, not exceeding 75
850 words in length, of the chief purpose of the measure. In
851 addition, for every constitutional amendment proposed by
852 initiative, the ballot shall include, following the ballot
853 summary, in the following order:
854 (a) A separate financial impact statement concerning the
855 measure prepared by the Financial Impact Estimating Conference
856 in accordance with s. 100.371(16) s. 100.371(13).
857 (e) If the financial impact statement was not produced or
858 if the Financial Impact Estimating Conference did not meet to
859 produce the financial impact statement, the following statement
860 in bold print:
861
862 THE FINANCIAL IMPACT OF THIS AMENDMENT, IF ANY, HAS
863 NOT BEEN DETERMINED AT THIS TIME.
864
865 The ballot title shall consist of a caption, not exceeding 15
866 words in length, by which the measure is commonly referred to or
867 spoken of. This subsection does not apply to constitutional
868 amendments or revisions proposed by joint resolution.
869 Section 9. Subsection (2) of section 102.111, Florida
870 Statutes, is amended to read:
871 102.111 Elections Canvassing Commission.—
872 (2) The Elections Canvassing Commission shall meet at 8
873 a.m. on the 9th day after a primary election and at 8 a.m. on
874 the 14th day after a general election to certify the returns of
875 the election for each federal, state, and multicounty office and
876 for each constitutional amendment. If a member of a county
877 canvassing board that was constituted pursuant to s. 102.141
878 determines, within 5 days after the certification by the
879 Elections Canvassing Commission, that a typographical error
880 occurred in the official returns of the county, the correction
881 of which could result in a change in the outcome of an election,
882 the county canvassing board must certify corrected returns to
883 the Department of State within 24 hours, and the Elections
884 Canvassing Commission must correct and recertify the election
885 returns as soon as practicable.
886 Section 10. Section 102.121, Florida Statutes, is amended
887 to read:
888 102.121 Elections Canvassing Commission to issue
889 certificates.—The Elections Canvassing Commission shall make and
890 sign separate certificates of the result of the election for
891 federal officers, and state officers, and constitutional
892 amendments, which certificates must shall be written and contain
893 the total number of votes cast for and against each person for
894 each office and the total number of votes cast for and against
895 each constitutional amendment. The certificates, the one
896 including the result of the election for presidential electors
897 and representatives to Congress, and the other including the
898 result of the election for state officers, shall be recorded in
899 the Department of State in a book to be kept for that purpose.
900 Section 11. Subsections (1), (3), and (4) of section
901 102.168, Florida Statutes, are amended to read:
902 102.168 Contest of election.—
903 (1) Except as provided in s. 102.171, the certification of
904 election or nomination of any person to office, or of the
905 adoption of a constitutional amendment or the result on any
906 question submitted by referendum, may be contested in the
907 circuit court by any unsuccessful candidate for such office or
908 nomination thereto or by any voter elector qualified to vote in
909 the election related to such candidacy or constitutional
910 amendment, or by any taxpayer, respectively.
911 (3) The complaint must shall set forth the grounds on which
912 the contestant intends to establish his or her right to such
913 office; or set aside the result of the election on a submitted
914 referendum or constitutional amendment. The grounds for
915 contesting an election or a constitutional amendment under this
916 section are:
917 (a) Misconduct, fraud, or corruption on the part of any
918 election official or any member of the canvassing board
919 sufficient to change or place in doubt the result of the
920 election.
921 (b) Ineligibility of the successful candidate for the
922 nomination or office in dispute or of the proposed
923 constitutional amendment for placement on the ballot.
924 (c) Receipt of a number of illegal votes or rejection of a
925 number of legal votes sufficient to change or place in doubt the
926 result of the election.
927 (d) Proof that any voter elector, election official, or
928 canvassing board member was given or offered a bribe or reward
929 in money, property, or any other thing of value for the purpose
930 of procuring the successful candidate’s nomination or election
931 or determining the result on any question submitted by
932 referendum or constitutional amendment.
933 (4) The canvassing board responsible for canvassing the
934 election is an indispensable party defendant in county and local
935 elections. The Elections Canvassing Commission is an
936 indispensable party defendant in federal, state, and multicounty
937 elections, in elections for constitutional amendments, and in
938 elections for justice of the Supreme Court, judge of a district
939 court of appeal, and judge of a circuit court. The successful
940 candidate is an indispensable party to any action brought to
941 contest the election or nomination of a candidate. The sponsor
942 of a constitutional amendment proposed by initiative petition,
943 identified pursuant to s. 100.371, is an indispensable party to
944 any action brought to contest such election.
945 Section 12. Subsection (2) of section 104.185, Florida
946 Statutes, is amended to read:
947 104.185 Petitions; knowingly signing more than once;
948 signing another person’s name or a fictitious name.—
949 (2) A person who signs another person’s name or a
950 fictitious name to any petition, or who fills in missing
951 information on a signed petition, to secure ballot position for
952 a candidate, a minor political party, or an issue commits a
953 felony of the third degree, punishable as provided in s.
954 775.082, s. 775.083, or s. 775.084.
955 Section 13. Section 104.186, Florida Statutes, is amended
956 to read:
957 104.186 Initiative petitions; violations.—A person who
958 compensates a petition circulator as defined in s. 97.021 based
959 on the number of petition forms gathered, as prohibited by s.
960 100.371(5), commits a felony of the third degree, punishable as
961 provided in s. 775.082, s. 775.083, or s. 775.084. This section
962 does not prohibit employment relationships that do not base
963 payment on the number of signatures collected.
964 Section 14. Section 104.187, Florida Statutes, is amended
965 to read:
966 104.187 Initiative petitions; registration.—A person who
967 violates s. 100.371(4)(a) s. 100.371(3) commits a misdemeanor of
968 the second degree, punishable as provided in s. 775.082 or s.
969 775.083.
970 Section 15. Effective July 1, 2025, section 104.188,
971 Florida Statutes, is created to read:
972 104.188 Petition forms gathered from immediate family;
973 violations.—
974 (1) For the purposes of this section, the term “immediate
975 family” means a person’s spouse or the parent, child,
976 grandparent, grandchild, or sibling of the person or the
977 person’s spouse.
978 (2) A person who collects, delivers, or otherwise
979 physically possesses more than five signed petition forms in
980 addition to his or her own signed petition form or a signed
981 petition form belonging to an immediate family member, and who
982 is not registered as a petition circulator pursuant to s.
983 100.371(4)(a), commits a felony of the third degree, punishable
984 as provided in s. 775.082, s. 775.083, or s. 775.084.
985 (3) This section may not be construed to prohibit a person
986 from distributing petition forms designed for personal use as
987 described in s. 100.371(3)(e).
988 Section 16. Section 106.151, Florida Statutes, is created
989 to read:
990 106.151 Use of public funds prohibited.—
991 (1) As used in this section, the term “public funds” means
992 all moneys under the jurisdiction or control of the state
993 government.
994 (2) The state government or any person acting on behalf of
995 the state government may not expend or authorize the expenditure
996 of, and a person or group may not accept, public funds for a
997 political advertisement or any other communication sent to
998 electors concerning any proposed constitutional amendment or
999 revision that is subject to a vote of the electors. This
1000 subsection applies to a communication initiated by the state
1001 government or a person acting on behalf of the state government,
1002 irrespective of whether the communication is limited to factual
1003 information or advocates for the passage or defeat of a proposed
1004 constitutional amendment or revision. This subsection does not
1005 preclude the state government or a person acting on behalf of
1006 the state government from reporting on official actions of the
1007 state government in an accurate, fair, and impartial manner;
1008 posting factual information on a government website or in
1009 printed materials; hosting and providing information at a public
1010 forum; providing factual information in response to an inquiry;
1011 or providing information as otherwise authorized or required by
1012 law.
1013 (3) With the exception of the prohibitions specified in
1014 subsection (2), this section does not preclude an elected
1015 official of the state government from expressing an opinion on
1016 any issue at any time.
1017 Section 17. Subsection (3) of section 106.19, Florida
1018 Statutes, is amended to read:
1019 106.19 Violations by candidates, persons connected with
1020 campaigns, and political committees.—
1021 (3) A political committee sponsoring a constitutional
1022 amendment proposed by initiative which submits a petition form
1023 gathered by a paid petition circulator which does not provide
1024 the name and address of the paid petition circulator on the form
1025 is subject to the civil penalties prescribed in s. 106.265.
1026 Section 18. Paragraph (c) of subsection (1) of section
1027 212.055, Florida Statutes, is amended to read:
1028 212.055 Discretionary sales surtaxes; legislative intent;
1029 authorization and use of proceeds.—It is the legislative intent
1030 that any authorization for imposition of a discretionary sales
1031 surtax shall be published in the Florida Statutes as a
1032 subsection of this section, irrespective of the duration of the
1033 levy. Each enactment shall specify the types of counties
1034 authorized to levy; the rate or rates which may be imposed; the
1035 maximum length of time the surtax may be imposed, if any; the
1036 procedure which must be followed to secure voter approval, if
1037 required; the purpose for which the proceeds may be expended;
1038 and such other requirements as the Legislature may provide.
1039 Taxable transactions and administrative procedures shall be as
1040 provided in s. 212.054.
1041 (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
1042 SURTAX.—
1043 (c)1. The proposal to adopt a discretionary sales surtax as
1044 provided in this subsection and to create a trust fund within
1045 the county accounts must shall be placed on the ballot in
1046 accordance with law and must be approved in a referendum held at
1047 a general election in accordance with subsection (10).
1048 2. If the proposal to adopt a surtax is by initiative, the
1049 petition sponsor must, at least 180 days before the proposed
1050 referendum, comply with all of the following:
1051 a. Provide a copy of the final resolution or ordinance to
1052 the Office of Program Policy Analysis and Government
1053 Accountability. The Office of Program Policy Analysis and
1054 Government Accountability shall procure a certified public
1055 accountant in accordance with subsection (11) for the
1056 performance audit.
1057 b. File the initiative petition and its required valid
1058 signatures with the supervisor of elections. The supervisor of
1059 elections shall verify signatures and retain signature forms in
1060 the same manner as required for initiatives under s. 100.371(14)
1061 s. 100.371(11).
1062 3. The failure of an initiative sponsor to comply with the
1063 requirements of subparagraph 2. renders any referendum held
1064 void.
1065 Section 19. Paragraph (d) is added to subsection (8) of
1066 section 895.02, Florida Statutes, to read:
1067 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
1068 (8) “Racketeering activity” means to commit, to attempt to
1069 commit, to conspire to commit, or to solicit, coerce, or
1070 intimidate another person to commit:
1071 (d) A violation of the Florida Election Code relating to
1072 irregularities or fraud involving issue petition activities.
1073 Section 20. (1) To ensure uniformity and integrity in the
1074 initiative process, a signed petition form may not be verified
1075 between July 1, 2025, and September 30, 2025.
1076 (2) A petition form gathered after July 1, 2025, must be
1077 delivered as provided in this act to the appropriate entity. The
1078 processing hold described in subsection (1) does not toll any
1079 timeframe requirements that petition circulators are required to
1080 meet and may not be used as a defense to any fine imposed for
1081 the late submission of any petition forms to the appropriate
1082 entity.
1083 Section 21. Except as otherwise provided in this act, this
1084 act shall take effect upon becoming a law.
1085
1086 ================= T I T L E A M E N D M E N T ================
1087 And the title is amended as follows:
1088 Delete everything before the enacting clause
1089 and insert:
1090 A bill to be entitled
1091 An act relating to amendments to the State
1092 Constitution; providing legislative findings and
1093 intent; amending s. 15.21, F.S.; requiring the
1094 Secretary of State to have received the ballot summary
1095 and the full text of the proposed revision or
1096 amendment to the State Constitution from the sponsor
1097 and to have received the financial impact statement
1098 from the Financial Impact Estimating Conference before
1099 submitting an initiative petition to the Attorney
1100 General; conforming a cross-reference; amending s.
1101 16.061, F.S.; revising the criteria that the Attorney
1102 General uses when petitioning the Supreme Court for an
1103 advisory opinion related to a proposed revision or
1104 amendment to the State Constitution; requiring that a
1105 copy of the petition form be provided to the sponsor
1106 of the initiative petition; conforming a cross
1107 reference; making a technical change; amending s.
1108 97.021, F.S.; revising the definition of the term
1109 “petition circulator”; reenacting and amending s.
1110 99.097, F.S.; conforming a cross-reference; conforming
1111 provisions to changes made by the act; amending s.
1112 100.371, F.S.; requiring the sponsor of an initiative
1113 petition to obtain a certain letter periodically;
1114 providing that a failure to obtain such letter results
1115 in the expiration of the initiative’s signatures and
1116 disbanding of the sponsor’s political committee;
1117 providing that certain initiative petition signatures
1118 expire and that the sponsor’s political committee is
1119 disbanded under specified conditions; providing that
1120 such sponsor is not precluded from refiling the
1121 proposed amendment as a new petition; prohibiting a
1122 sponsor from sponsoring more than one initiative
1123 amendment; requiring a sponsor to register as a
1124 political committee and submit the ballot title,
1125 ballot summary, article and section of the State
1126 Constitution being amended, and full text of the
1127 proposed amendment to the Secretary of State;
1128 requiring that all information be available in
1129 alternative formats upon request; requiring the
1130 secretary to assign a petition number and submit a
1131 copy of the proposed amendment to the Financial Impact
1132 Estimating Conference for review, analysis, and a
1133 certain estimate; requiring the Division of Elections
1134 to publish the forms on which petition signatures must
1135 be fixed; deleting a requirement that the secretary
1136 adopt certain rules; providing requirements, which are
1137 effective on a specified date, for the petition forms;
1138 prohibiting persons, beginning on a specified date,
1139 from collecting, delivering, or otherwise physically
1140 possessing more than a specified number of signed
1141 petition forms if they have not registered with the
1142 Secretary of State as a petition circulator and have
1143 not been issued a petition circulator number;
1144 authorizing specified persons to collect signed
1145 petitions forms from their immediate family under
1146 specified circumstances; providing construction;
1147 defining the term “immediate family”; prohibiting
1148 certain persons from collecting signatures or
1149 initiative petitions; requiring that applications for
1150 registration include specified information;
1151 authorizing citizens to challenge a petition
1152 circulator’s registration by filing a petition in
1153 circuit court; authorizing the court to enjoin the
1154 petition circulator from collecting signatures or
1155 petition forms until registered; authorizing the
1156 division to revoke a petition circulator’s
1157 registration under specified circumstances;
1158 prohibiting persons from registering to collect
1159 signatures or initiative petitions until they complete
1160 a required training; providing the requirements for
1161 such training; providing civil penalties for the
1162 sponsors of initiative amendments that knowingly allow
1163 persons to collect petition forms on their behalf and
1164 violate specified provisions; prohibiting a sponsor
1165 from compensating a petition circulator based on the
1166 number of petition forms gathered or the time within
1167 which such forms are gathered; providing construction;
1168 requiring the division to make forms available to
1169 registered petition circulators in a certain format;
1170 deleting a requirement that supervisors of elections
1171 provide the division information on petition forms
1172 assigned to them; requiring sponsors to deliver forms
1173 promptly to the supervisor of elections in the county
1174 in which a voter resides within a specified timeframe
1175 after the form is signed; revising the civil penalties
1176 for failing to deliver forms within the prescribed
1177 timeframes; providing civil penalties for the sponsors
1178 of petitions if the person collecting petition forms
1179 on behalf of the sponsor signs the name of another,
1180 signs a fictitious name, or fills in missing
1181 information on the signed petition form; providing
1182 criminal penalties for persons who, while collecting
1183 petition forms, copy or retain a voter’s personal
1184 identifying information for a reason other than to
1185 provide such information to the sponsor of an
1186 initiative petition; providing civil penalties for
1187 sponsors who mail or provide prefilled initiative
1188 petitions; providing that sponsors that discover and
1189 report a violation as soon as practicable may not be
1190 fined for such violation; requiring the supervisor to
1191 record the date a submitted petition is received;
1192 requiring the supervisor to notify the division of any
1193 misfiled petition; revising the conditions under which
1194 a supervisor verifies signatures to include processing
1195 of a certain fee; requiring supervisors, beginning on
1196 a specified date, to promptly record, in a specified
1197 manner, the date each form is received and the date
1198 the form is verified as valid; revising the conditions
1199 under which a supervisor may verify a signature on an
1200 initiative petition form; requiring supervisors to
1201 electronically transmit digital images, which must
1202 meet a specified standard, of all received petition
1203 forms to the division; requiring that such forms be
1204 identified as valid or invalid; requiring supervisors
1205 to retain all petition forms and identify those forms
1206 verified as valid from those deemed invalid until such
1207 forms are processed; requiring supervisors to deliver
1208 physical forms to the division; requiring the division
1209 to retain such forms for a specified timeframe;
1210 requiring supervisors to send a notice, which may be
1211 returned to the Office of Election Crimes and
1212 Security, to voters after their signature is verified,
1213 beginning on a specified date; providing requirements
1214 for such notice; requiring the Office of Election
1215 Crimes and Security to transmit copies of returned
1216 notices, upon receipt, to the division; requiring the
1217 division to deem the voter petition form invalid if a
1218 completed notice is received; providing that
1219 supervisors of elections are required to post on their
1220 websites the actual costs of signature verification
1221 for all petition forms, and that they may increase
1222 such costs annually by a specified date; specifying
1223 that such costs include costs related to certain
1224 actions; requiring supervisors to notify the Office of
1225 Election Crimes and Security under a specified
1226 condition; requiring the office to conduct specified
1227 preliminary investigations; authorizing the office to
1228 report findings of such investigations to the
1229 statewide prosecutor or a certain state attorney;
1230 providing that a signed petition form submitted by an
1231 ineligible or unregistered petition circulator must be
1232 invalidated; revising information related to signature
1233 verification which must be posted on the division’s
1234 website; requiring the Secretary of State to rescind
1235 the certificate of ballot position if an advisory
1236 opinion from the Supreme Court deems the initiative
1237 petition invalid; requiring the Financial Impact
1238 Estimating Conference to submit the financial impact
1239 statement to the Secretary of State; requiring that a
1240 certain statement be included on the ballot if the
1241 conference does not complete an analysis and financial
1242 impact statement within a specified timeframe;
1243 providing that only the President of the Senate and
1244 the Speaker of the House of Representatives, jointly,
1245 may convene the conference; revising the membership of
1246 the conference; deleting a provision authorizing the
1247 court to remand the financial impact statement to the
1248 conference to be redrafted; requiring that such
1249 statement appear on the petition form and ballot;
1250 requiring a sponsor to refile a petition as a new
1251 petition under certain circumstances; deleting a
1252 provision that deems financial impact statements
1253 approved for placement on the ballot under certain
1254 circumstances; requiring the Department of State to
1255 update petition forms by a specified date; requiring
1256 the department to make the petition circulator
1257 application available by a specified date; providing
1258 that each petition circulator registration expires on
1259 a specified date; requiring the department to notify
1260 such petition circulators of the expiration of their
1261 registration by a specified date; requiring the
1262 department to develop a certain training within a
1263 specified timeframe; authorizing supervisors of
1264 elections to increase the costs of signature
1265 verification before a specified date; requiring the
1266 supervisors to post such cost on their publicly
1267 available websites as soon as the cost is determined;
1268 amending s. 101.161, F.S.; requiring that a certain
1269 statement be included on the ballot if a financial
1270 impact statement was not produced or the Financial
1271 Impact Estimating Conference did not meet to produce
1272 one; conforming a cross-reference; amending s.
1273 102.111, F.S.; requiring the Elections Canvassing
1274 Commission to certify the returns of constitutional
1275 amendments; amending s. 102.121, F.S.; requiring the
1276 commission to make and sign separate certificates for
1277 constitutional amendments; providing requirements for
1278 such certificates; amending s. 102.168, F.S.;
1279 providing for standing to contest the adoption of a
1280 constitutional amendment by any qualified voter or
1281 taxpayer; revising the grounds on which such parties
1282 may contest an election or a constitutional amendment;
1283 providing that the commission and the sponsor of the
1284 amendment are indispensable parties in any such
1285 action; amending s. 104.185, F.S.; providing criminal
1286 penalties for persons who fill in missing information
1287 on a signed petition form to secure a ballot position
1288 for a candidate, a minor political party, or an issue;
1289 amending s. 104.186, F.S.; providing criminal
1290 penalties for persons who compensate others based on
1291 the number of petition forms gathered, as prohibited
1292 by a specified section; amending s. 104.187, F.S.;
1293 conforming a cross-reference; creating s. 104.188,
1294 F.S.; defining the term “immediate family”; providing
1295 criminal penalties for certain persons who collect,
1296 deliver, or otherwise physically possess more than a
1297 certain number of signed petition forms other than
1298 their own or forms belonging to an immediate family
1299 member; providing construction; creating s. 106.151,
1300 F.S.; defining the term “public funds”; prohibiting an
1301 entity of state government or a person acting on
1302 behalf of such entity from expending or authorizing
1303 the expenditure of public funds for political
1304 advertisements or other communications sent to
1305 electors concerning a proposed constitutional
1306 amendment or revision; providing applicability;
1307 providing construction; amending s. 106.19, F.S.;
1308 providing that political committees sponsoring a
1309 constitutional amendment are liable for specified
1310 civil fines for submitting petition forms that do not
1311 provide the name and address of the petition
1312 circulator gathering such forms, regardless of whether
1313 the petition circulator is paid; amending s. 212.055,
1314 F.S.; conforming a cross-reference; amending s.
1315 895.02, F.S.; revising the definition of the term
1316 “racketeering activity” to provide criminal and civil
1317 penalties for violations of the Florida Election Code
1318 relating to irregularities or fraud involving issue
1319 petition activities; prohibiting the verification of a
1320 signed petition form for a specified timeframe;
1321 providing construction; providing effective dates.
1322
1323 WHEREAS, the Legislature and the Secretary of State, in
1324 their official capacities, have the duty and obligation to
1325 ensure ballot integrity and a valid election process, and
1326 WHEREAS, ballot integrity is necessary to ensure the
1327 effectiveness of the constitutionally provided initiative
1328 process, and
1329 WHEREAS, investigations conducted by the Office of Election
1330 Crimes and Security have shown that agents of political
1331 committees sponsoring initiative petitions engaged in illegal
1332 and fraudulent activities while gathering petition signatures in
1333 the lead-up to recent elections, and
1334 WHEREAS, the evidence brought forward indicates numerous
1335 instances of petition circulators being paid per signature,
1336 signing petition forms on behalf of deceased individuals,
1337 forging or misrepresenting voter signatures on petition forms,
1338 using voters’ personal identifying information without consent,
1339 committing perjury, and swearing false oaths, and
1340 WHEREAS, compensating a petition circulator based on the
1341 number of petition forms gathered is a violation of s. 104.186,
1342 Florida Statutes; signing another person’s name, whether dead or
1343 alive, or a fictitious name on a petition form is a violation of
1344 s. 104.185(2), Florida Statutes; and perjury or swearing a false
1345 oath is a violation of s. 837.02(1), Florida Statutes, and all
1346 such violations are third degree felonies under Florida law, and
1347 WHEREAS, fraudulently using another individual’s personal
1348 identification without his or her consent is a violation of s.
1349 817.568, Florida Statutes, and is, at minimum, a third degree
1350 felony, and
1351 WHEREAS, the fraudulent use of another individual’s
1352 personal identifying information becomes a second degree felony
1353 with a 3-year mandatory minimum prison sentence if the violation
1354 involves the information of more than 10 but fewer than 20
1355 persons, a 5-year mandatory minimum prison sentence if the
1356 violation involves the information of more than 20 but fewer
1357 than 30 persons, and a 10-year mandatory minimum prison sentence
1358 if the violation involves the information of more than 30
1359 persons, and
1360 WHEREAS, despite the fiduciary duty prescribed by Florida
1361 law, sponsors of initiative petitions have failed to cooperate
1362 with investigations and have attempted to deflect responsibility
1363 for the actions of petition circulators to contractors and
1364 subcontractors, with the sponsors denying that they have custody
1365 or control of documents requested by state officials, and
1366 WHEREAS, sponsors, contractors, and petition circulators
1367 have blatantly attempted to evade investigation by delegating
1368 key aspects of petition activities to out-of-state entities, who
1369 then subcontracted with other individuals who were even further
1370 outside the reach of Florida authorities, and
1371 WHEREAS, evidence provided to the Office of Election Crimes
1372 and Security by supervisors of elections in several counties
1373 showed that petition circulators submitted petition forms on
1374 behalf of more than 50 deceased Floridians, and
1375 WHEREAS, information provided to the Office of Election
1376 Crimes and Security from multiple supervisors of elections and
1377 individual Florida voters showed that petition circulators
1378 committed perjury and swore false oaths by distributing petition
1379 forms with pre-signed attestations to groups of unregistered
1380 circulators, who then obtained signatures outside the registered
1381 circulator’s presence, and
1382 WHEREAS, investigations revealed that after petition forms
1383 were signed and submitted by voters, petition circulators
1384 tampered with the signed forms by using a website to obtain
1385 missing personal identifying information, and then filled in the
1386 incomplete petition forms, and
1387 WHEREAS, investigations indicated that some otherwise valid
1388 petition forms were obtained by fraud, with circulators
1389 misleading prospective signatories by telling them that the
1390 amendment did something other than what was described in the
1391 ballot summary or amendment language, or not showing the
1392 signatories what was on the ballot at all, and
1393 WHEREAS, evidence showed that petition circulators were
1394 able to obtain the four necessary elements of personal
1395 identifying information required on petitions — name, address,
1396 voter registration number or birthdate, and signature — using
1397 publicly available data to commit identity theft and complete
1398 dozens, hundreds, or even thousands of petitions without ever
1399 actually circulating a petition, and
1400 WHEREAS, the Office of Election Crimes and Security
1401 received complaints from many Florida voters whose information
1402 was fraudulently submitted on forms for at least four initiative
1403 petitions circulated for inclusion in the 2024 General Election,
1404 and
1405 WHEREAS, many of those complaints arose because some
1406 supervisors of elections notified a voter when a petition form
1407 bearing his or her name was rejected, which prompted such voters
1408 to contact the supervisor of elections or the Office of Election
1409 Crimes and Security to report potential fraud, and
1410 WHEREAS, Florida does not currently restrict eligibility of
1411 persons to register as petition circulators, even in cases where
1412 such persons are not United States citizens, reside in another
1413 state, or have been convicted of a felony but have not had their
1414 right to vote restored, and
1415 WHEREAS, at least one sponsor of an initiative amendment
1416 circulated during the 2024 General Election cycle settled a
1417 complaint with the Office of Election Crimes and Security for
1418 violations related to the petition process and agreed to pay
1419 $164,000 in fines, and
1420 WHEREAS, existing fines and penalties levied against
1421 petition sponsors engaging in, encouraging, or, at the very
1422 least, turning a blind eye to illegal activities related to the
1423 petition process appear to be inadequate deterrents, and
1424 WHEREAS, given its constitutional underpinnings, the right
1425 to propose an initiative by petition is inherent and absolute,
1426 but subject to reasonable regulations as necessary to ensure
1427 ballot integrity and a valid election process, NOW, THEREFORE,