Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS/HB 1205, 1st Eng.
Ì532910vÎ532910
LEGISLATIVE ACTION
Senate . House
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Floor: 1a/RE/2R .
04/30/2025 03:54 PM .
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Senators Gaetz and Grall moved the following:
1 Senate Amendment to Amendment (842060) (with title
2 amendment)
3
4 Delete lines 80 - 982
5 and insert:
6 delivers, or otherwise physically possesses no more than five
7 signed petition forms in addition to his or her own signed
8 petition form or a signed petition form belonging to the
9 person’s spouse, or the parent, child, grandparent, grandchild,
10 or sibling of the person or the person’s spouse.
11 Section 5. Paragraphs (a) and (d) of subsection (4) of
12 section 99.097, Florida Statutes, are amended, and paragraph (b)
13 of subsection (1) of that section is reenacted, to read:
14 99.097 Verification of signatures on petitions.—
15 (1)
16 (b) Rules and guidelines for petition verification shall be
17 adopted by the Department of State. Rules and guidelines for a
18 random sample method of verification may include a requirement
19 that petitions bear an additional number of names and
20 signatures, not to exceed 15 percent of the names and signatures
21 otherwise required. If the petitions do not meet such criteria
22 or if the petitions are prescribed by s. 100.371, the use of the
23 random sample method of verification is not available to
24 supervisors.
25 (4)(a) The supervisor must be paid in advance the sum of 10
26 cents for each signature checked or the actual cost of checking
27 such signature, whichever is less, by the candidate or, in the
28 case of a petition to have a local issue placed on the ballot,
29 by the person or organization submitting the petition. In the
30 case of a petition to place a statewide issue on the ballot, the
31 person or organization submitting the petition must pay the
32 supervisor in advance the cost posted by the supervisor pursuant
33 to s. 100.371(14) s. 100.371(11) for the actual cost of checking
34 signatures to place a statewide issue on the ballot.
35 (d) Except as provided in s. 100.371(14)(d), petitions must
36 be retained by the supervisors for a period of 1 year following
37 the election for which the petitions were circulated.
38 Section 6. Section 100.371, Florida Statutes, is amended to
39 read:
40 100.371 Initiatives; procedure for placement on ballot.—
41 (1)(a) Constitutional amendments proposed by initiative
42 shall be placed on the ballot for the general election, provided
43 the initiative petition has been filed with the Secretary of
44 State no later than February 1 of the year the general election
45 is held. A petition shall be deemed to be filed with the
46 Secretary of State upon the date the secretary determines that
47 valid and verified petition forms have been signed by the
48 constitutionally required number and distribution of voters
49 electors under this code.
50 (b) A sponsor of an initiative petition must obtain, at
51 least every third election cycle, a letter pursuant to s.
52 15.21(1)(c). Failure to obtain such letter results in expiration
53 of the initiative petition’s signatures and disbanding of the
54 sponsor’s political committee.
55 (c) Initiative petition signatures expire and the sponsor’s
56 political committee is disbanded if a constitutional amendment
57 proposed by initiative submitted to the Secretary of State
58 before February 1, 2022, fails to obtain a letter pursuant to s.
59 15.21(1)(c) on or before February 1, 2026. This paragraph does
60 not preclude such a sponsor from refiling the proposed amendment
61 as a new petition.
62 (2) The sponsor of an initiative amendment may not sponsor
63 more than one amendment and must shall, before circulating any
64 petition forms prior to obtaining any signatures, register as a
65 political committee pursuant to s. 106.03 and submit the ballot
66 title, ballot summary, article and section of the State
67 Constitution being amended, and full text of the proposed
68 amendment to the Secretary of State. The proposed amendment and
69 all forms filed in connection with this section must, upon
70 request, be made available in alternative formats, with the form
71 on which the signatures will be affixed, and shall obtain the
72 approval of the Secretary of State of such form. Upon receipt,
73 the Secretary of State shall assign the initiative petition a
74 petition number and submit a copy of the proposed amendment to
75 the Financial Impact Estimating Conference for review, analysis,
76 and estimation of the financial impact of the proposed
77 amendment. After the review by the Financial Impact Estimating
78 Conference, the division shall publish the forms with the
79 information provided for in subsection (3) and on which
80 signatures for the initiative petition will be affixed The
81 Secretary of State shall adopt rules pursuant to s. 120.54
82 prescribing the style and requirements of such form. Upon filing
83 with the Secretary of State, the text of the proposed amendment
84 and all forms filed in connection with this section must, upon
85 request, be made available in alternative formats.
86 (3)(a) Beginning July 1, 2025, the petition form must
87 prominently display all of the following:
88 1. The petition number.
89 2. The ballot title.
90 3. The ballot summary.
91 4. A notice that the form becomes a public record upon
92 receipt by the supervisor.
93 5. A notice that it is a misdemeanor of the first degree to
94 knowingly sign the petition more than once.
95 6. A notice that the form will not be validated if all of
96 the requested information is not completed.
97 7. For a proposed amendment submitted to the Secretary of
98 State after the effective date of this act, the financial impact
99 statement.
100 (b) The petition form must also include all of the
101 following:
102 1. The full text of the proposed amendment.
103 2. The name and address of the sponsor.
104 3. The date received by the Secretary of State.
105 4. A bar code or serial number associated with the
106 initiative petition.
107 (c) The petition form must solicit and require all of the
108 following information:
109 1. The full name of the voter.
110 2. The voter’s address and county of legal residence.
111 3. The voter’s Florida voter registration number or date of
112 birth.
113 4. The voter’s Florida driver license number or the voter’s
114 Florida identification card number issued pursuant to s.
115 322.051, or the last four digits of the voter’s social security
116 number.
117 5. An attestation that the voter is a registered Florida
118 voter and is petitioning the Secretary of State to place the
119 proposed amendment on the ballot.
120 6. The voter’s signature and the date on which the voter
121 signed the form.
122 (d) A petition form distributed by a petition circulator
123 must also include all of the following:
124 1. The Petition Circulator’s Affidavit with the
125 circulator’s name, permanent address, and petition circulator
126 number or barcode.
127 2. The following statement, which must be signed and dated
128 by the circulator:
129
130 By my signature below, as petition circulator, I
131 verify that the petition was completed and signed by
132 the voter in my presence. Under penalty of perjury, I
133 declare that I have read the foregoing Petition
134 Circulator’s Affidavit, and that the facts stated in
135 it are true, and that if I was paid to circulate or
136 collect this petition, payment was not on a per
137 signature basis.
138
139 (e) A petition form distributed by a person other than a
140 petition circulator must also include, in lieu of the Petition
141 Circulator’s Affidavit, the following notice:
142
143 This form is for PERSONAL USE only. Unless registered
144 as a petition circulator, it is a third degree felony
145 to collect, deliver, or otherwise physically possess
146 more than five signed petition forms in addition to
147 your own or those of immediate family members.
148
149 (f) The petition form must be in a type not less than 10
150 points, except for the full text of the proposed amendment,
151 which may be in a type not less than 6 points if 10-point type
152 would cause the length of the petition form to exceed one page
153 front and back.
154 (4)(a) Beginning July 1, 2025, unless registered as a
155 petition circulator with the Secretary of State and issued a
156 petition circulator number, a person may not collect, deliver,
157 or otherwise physically possess more than five signed petition
158 forms in addition to his or her own signed petition form or a
159 signed petition form belonging to an immediate family member.
160 This paragraph may not be construed to prohibit a person from
161 distributing petition forms designated for personal use as
162 described in paragraph (3)(e). For the purposes of this
163 subsection, the term “immediate family” means a person’s spouse,
164 or the parent, child, grandparent, grandchild, or sibling of the
165 person or the person’s spouse signatures or initiative petitions
166 for compensation unless the person is registered as a petition
167 circulator with the Secretary of State.
168 (b) A person may not collect signatures or initiative
169 petitions if he or she:
170 1. Has been convicted of a felony violation and has not had
171 his or her right to vote restored.
172 2. Is not a citizen of the United States.
173 3. Is not a resident of this state.
174 (b) A citizen may challenge a petition circulator’s
175 registration under this section by filing a petition in circuit
176 court. If the court finds that the respondent is not a
177 registered petition circulator, the court may enjoin the
178 respondent from collecting signatures or initiative petitions
179 for compensation until she or he is lawfully registered.
180 (c)(4) An application for registration must be submitted in
181 the format required by the Secretary of State and must include
182 the following:
183 1.(a) The information required to be on the petition form
184 under s. 101.161, including the ballot summary and title as
185 received approved by the Secretary of State.
186 2.(b) The applicant’s name, permanent address, temporary
187 address, if applicable, and date of birth, Florida driver
188 license or Florida identification card number, and the last four
189 digits of his or her social security number.
190 3.(c) An address in this state at which the applicant will
191 accept service of process related to disputes concerning the
192 petition process, if the applicant is not a resident of this
193 state.
194 4.(d) A statement that the applicant consents to the
195 jurisdiction of the courts of this state in resolving disputes
196 concerning the petition process.
197 5.(e) Any information required by the Secretary of State to
198 verify the applicant’s identity or address.
199 6. Whether the applicant has been convicted of a felony
200 violation and has not had his or her right to vote restored, by
201 including the statement, “I affirm that I am not a convicted
202 felon, or, if I am, my right to vote has been restored,” and
203 providing a box for the applicant to check to affirm the
204 statement.
205 7. Whether the applicant is a citizen of the United States,
206 by asking the question, “Are you a citizen of the United States
207 of America?” and providing boxes for the applicant to check
208 whether the applicant is or is not a citizen of the United
209 States.
210 8. Whether the applicant is a Florida resident by asking
211 the question, “Are you a resident of the state of Florida?” and
212 providing boxes for the applicant to check whether the applicant
213 is or is not a resident of the state of Florida.
214 9. The signature of the applicant under penalty of perjury
215 for false swearing pursuant to s. 104.011, by which the
216 applicant swears or affirms that the information contained in
217 the application is true.
218 (d) A citizen may challenge a petition circulator’s
219 registration under this section by filing a petition in circuit
220 court. If the court finds that the respondent is not a
221 registered petition circulator, the court may enjoin the
222 respondent from collecting signatures or initiative petitions
223 until he or she is lawfully registered.
224 (e) The division may revoke a petition circulator’s
225 registration upon the written request of the sponsor of the
226 initiative petition or if the circulator violates this section.
227 (f) A person may not register to collect signatures or
228 initiative petitions until he or she has completed the training
229 concerning the requirements for petition circulators. The
230 training must be developed by the division and must be in an
231 electronic format available on the division’s public website.
232 The training must, at a minimum, include the following:
233 1. An overview of the petition-gathering process.
234 2. An overview of the petition circulator registration
235 requirements.
236 3. An explanation that the sponsor of an initiative
237 amendment serves as a fiduciary to each voter who signs a
238 petition.
239 4. An explanation that the Florida Election Code prohibits
240 compensation or provision of any benefit based on the number of
241 petition forms gathered or the time within which a number of
242 petition forms are gathered.
243 5. The specific criminal penalties to which a petition
244 circulator may be subject for violating the Florida Election
245 Code.
246 (g) The sponsor of the initiative amendment is liable for a
247 fine in the amount of $50,000 for each person the sponsor
248 knowingly allows to collect petition forms on behalf of the
249 sponsor in violation of this subsection.
250 (5) A sponsor may not compensate a petition circulator
251 based on the number of petition forms gathered or the time
252 within which a number of petition forms are gathered. This
253 prohibition includes, but is not limited to, paying a specified
254 amount per petition form gathered, basing an hourly rate on the
255 number of petition forms gathered over a specified period of
256 time, or providing any other benefit or form of compensation
257 based on the number of petition forms gathered. All petitions
258 collected by a petition circulator must contain, in a format
259 required by the Secretary of State, a completed Petition
260 Circulator’s Affidavit which includes:
261 (a) The circulator’s name and permanent address;
262 (b) The following statement, which must be signed by the
263 circulator:
264
265 By my signature below, as petition circulator, I
266 verify that the petition was signed in my presence.
267 Under penalties of perjury, I declare that I have read
268 the foregoing Petition Circulator’s Affidavit and the
269 facts stated in it are true.
270
271 (6) The division or the supervisor of elections shall make
272 hard copy petition forms or electronic portable document format
273 petition forms available to registered petition circulators. All
274 such forms must contain information identifying the petition
275 circulator to whom which the forms are provided. The division
276 shall maintain a database of all registered petition circulators
277 and the petition forms assigned to each. Each supervisor of
278 elections shall provide to the division information on petition
279 forms assigned to and received from petition circulators. The
280 information must be provided in a format and at times as
281 required by the division by rule. The division must update
282 information on petition forms daily and make the information
283 publicly available.
284 (7)(a) A sponsor that collects petition forms or uses a
285 petition circulator to collect petition forms serves as a
286 fiduciary to the voter elector signing the petition form and
287 shall ensure, ensuring that any petition form entrusted to the
288 sponsor or petition circulator is shall be promptly delivered to
289 the supervisor of elections in the county in which the voter
290 resides within 10 30 days after the voter elector signs the
291 form. If a petition form collected by the sponsor or any
292 petition circulator is not promptly delivered to the supervisor
293 of elections, the sponsor is liable for the following fines:
294 1. A fine in the amount of $50 per each day late for each
295 petition form received by the supervisor of elections in the
296 county in which the voter resides more than 10 30 days after the
297 voter elector signed the petition form or the next business day,
298 if the office is closed. A fine in the amount of $2,500 $250 for
299 each petition form received if the sponsor or petition
300 circulator acted willfully.
301 2. A fine in the amount of $100 per each day late, up to a
302 maximum of $5,000, for each petition form collected by a sponsor
303 or a petition circulator, signed by a voter on or before
304 February 1 of the year the general election is held and received
305 by the supervisor of elections in the county in which the voter
306 resides after the deadline for such election. A fine in the
307 amount of $5,000 for each such petition form received if the
308 sponsor or petition circulator acted willfully.
309 3. A fine in the amount of $500 for each petition form
310 collected by a petition circulator which is not submitted to the
311 supervisor of elections in the county in which the voter
312 resides. A fine in the amount of $5,000 $1,000 for any petition
313 form not so submitted if the sponsor or petition circulator
314 acting on its behalf acted willfully.
315 (b) A showing by the sponsor that the failure to deliver
316 the petition form within the required timeframe is based upon
317 force majeure or impossibility of performance is an affirmative
318 defense to a violation of this subsection. The fines described
319 in this subsection may be waived upon a showing that the failure
320 to deliver the petition form promptly is based upon force
321 majeure or impossibility of performance.
322 (8) If a person collecting petition forms on behalf of a
323 sponsor of an initiative petition signs another person’s name or
324 a fictitious name to any petition, or fills in missing
325 information on a signed petition, to secure a ballot position in
326 violation of s. 104.185(2), the sponsor of the initiative
327 petition is liable for a fine in the amount of $5,000 for each
328 such petition.
329 (9) If a person collecting petition forms on behalf of a
330 sponsor of an initiative petition copies or retains a voter’s
331 personal information, such as the voter’s Florida driver license
332 number, Florida identification card number, social security
333 number, or signature, for any reason other than to provide such
334 information to the sponsor of the initiative petition, the
335 person commits a felony of the third degree, punishable as
336 provided in s. 775.082, s. 775.083, or s. 775.084.
337 (10) A sponsor of an initiative petition or a person
338 collecting petition forms on behalf of a sponsor of an
339 initiative petition may not mail or otherwise provide a petition
340 form upon which any information about a voter has been filled in
341 before it is provided to the voter. The sponsor of an initiative
342 petition is liable for a fine in the amount of $50 for each
343 petition form that is a violation of this subsection.
344 (11)(8) If the Secretary of State reasonably believes that
345 a person or entity has committed a violation of this section,
346 the secretary may refer the matter to the Attorney General for
347 enforcement. The Attorney General may institute a civil action
348 for a violation of this section or to prevent a violation of
349 this section. An action for relief may include a permanent or
350 temporary injunction, a restraining order, or any other
351 appropriate order. If the sponsor of an initiative petition
352 discovers a violation of this section and reports the violation
353 as soon as practicable to the secretary, the sponsor may not be
354 fined for such violation.
355 (12)(9) The division shall adopt by rule a complaint form
356 for a voter an elector who claims to have had his or her
357 signature misrepresented, forged, or not delivered to the
358 supervisor. The division shall also adopt rules to ensure the
359 integrity of the petition form gathering process, including
360 rules requiring sponsors to account for all petition forms used
361 by their agents. Such rules may require a sponsor or petition
362 circulator to provide identification information on each
363 petition form as determined by the department as needed to
364 assist in the accounting of petition forms.
365 (13)(10) The date on which a voter an elector signs a
366 petition form is presumed to be the date on which the petition
367 circulator received or collected the petition form.
368 (14)(a)(11)(a) An initiative petition form circulated for
369 signature may not be bundled with or attached to any other
370 petition. Each signature shall be dated when made and shall be
371 valid until the next February 1 occurring in an even-numbered
372 year for the purpose of the amendment appearing on the ballot
373 for the general election occurring in that same year, provided
374 all other requirements of law are met. The sponsor shall submit
375 signed and dated forms to the supervisor of elections for the
376 county of residence listed by the person signing the form for
377 verification of the number of valid signatures obtained.
378 (b) The supervisor shall record the date each submitted
379 petition is received. If a signature on a petition is from a
380 registered voter in another county, the supervisor must shall
381 notify the petition sponsor and the division of the misfiled
382 petition. The supervisor shall promptly verify the signatures
383 within 60 days after receipt of the petition forms and payment
384 and processing of a fee for the actual cost of signature
385 verification incurred by the supervisor. However, for petition
386 forms submitted less than 60 days before February 1 of an even
387 numbered year, the supervisor shall promptly verify the
388 signatures within 30 days after receipt of the form and payment
389 of the fee for signature verification.
390 (c) Beginning July 1, 2025, the supervisor shall promptly
391 record, in the manner prescribed by the Secretary of State, the
392 date each form is received by the supervisor, and the date the
393 signature on the form is verified as valid. The supervisor may
394 verify that the signature on a form is valid only if:
395 1. The form contains the original signature of the
396 purported voter elector.
397 2. The purported voter elector has accurately recorded on
398 the form the date on which he or she signed the form.
399 3. The form sets forth the purported voter’s: elector’s
400 a. Full name;,
401 b. Address and, city, county of residence;, and
402 c. Voter registration number or date of birth; and
403 d. Florida driver license or Florida identification card
404 number issued pursuant to s. 322.051 or the last four digits of
405 the voter’s social security number.
406 4. The purported voter elector is, at the time he or she
407 signs the form and at the time the form is verified, a duly
408 qualified and registered voter elector in the state.
409 5. The signature was obtained legally, including that if a
410 paid petition circulator was used, the circulator was validly
411 registered under subsection (4) (3) when the signature was
412 obtained.
413
414 The supervisor shall retain all signature forms, separating
415 forms verified as valid from those deemed invalid, for at least
416 1 year following the election for which the petition was
417 circulated.
418 (d)1.(b) On the last day of each month, or on the last day
419 of each week from December 1 of an odd-numbered year through
420 February 1 of the following year, each supervisor shall
421 electronically transmit all received petition forms to the
422 division. The digital images of the scanned petition forms must
423 be of high enough quality that division personnel are able to
424 accurately discern elements contained in such forms. Forms must
425 be identified as valid or as invalid.
426 2. Each supervisor shall retain all petition forms,
427 identifying forms verified as valid from those deemed invalid,
428 until all petition forms have been processed following the
429 February 1 deadline. As soon as practicable following the
430 processing of the last timely submitted petition form, but not
431 later than March 15 following the February 1 deadline, the
432 supervisor shall deliver the physical forms to the division. The
433 division shall retain all petition forms for 1 year following
434 the election for which the petition was circulated.
435 (e) Beginning October 1, 2025, when the signature on the
436 petition form is verified as valid, the supervisor shall, as
437 soon as practicable, notify the voter by mail at the mailing
438 address on file in the Florida Voter Registration System.
439 1. Such notice must be sent by forwardable mail with a
440 postage prepaid preaddressed form, which may be returned to the
441 Office of Election Crimes and Security. The notice must include
442 contact information for the Office of Election Crimes and
443 Security, including the telephone number, fax number, mailing
444 address, and e-mail address. The notice must include all of the
445 following statements or information in substantially the
446 following form:
447
448 NOTICE
449
450 A petition to place a proposed constitutional
451 amendment on the ballot for the next general election,
452 bearing your name and signature, has been received and
453 verified by the Supervisor of Elections Office in ...
454 (insert county)....
455
456 The petition is for ...(insert the petition serial
457 number and ballot title)... and was signed on
458 ...(insert the date the voter signed the petition)....
459
460 Check this box ☐, sign, and return this notice to the
461 Office of Election Crimes and Security if you believe
462 your signature has been misrepresented or forged on a
463 petition. The petition form in question will be
464 invalidated and will not be counted toward the number
465 of signatures required to place this proposed
466 constitutional amendment on the ballot.
467
468 A notice being returned must be received by the Office
469 of Election Crimes and Security on or before February
470 1 ... (insert the year in which the general election
471 is held)....
472
473 ...(Insert the voter’s Florida voter registration
474 number, and if applicable, the petition circulator’s
475 number)....
476
477 By signing below, I swear or affirm that my signature
478 was misrepresented or forged on the petition form
479 indicated in this notice.
480
481 ...(Voter’s Signature)... ...(Date)...
482
483 This notice becomes a public record upon receipt by
484 the Office of Election Crimes and Security. It is a
485 second degree misdemeanor, punishable as provided in
486 s. 775.082, Florida Statutes, or s. 772.083, Florida
487 Statutes, for a person to knowingly make a false
488 official statement pursuant to s. 837.06, Florida
489 Statutes.
490
491 2. Upon receiving a completed notice, the Office of
492 Election Crimes and Security shall transmit a copy of such
493 notices to the division. The division shall deem the voter’s
494 petition form invalid.
495 (f) Each supervisor shall post the actual cost of signature
496 verification for petition forms received more than 60 days
497 before February 1 of an even-numbered year and for petition
498 forms received less than 60 days before February 1 of an even
499 numbered year on his or her website, and may increase such cost,
500 as necessary, annually on March 1 February 2 of each even
501 numbered year. These costs include operating and personnel costs
502 associated with comparing signatures, printing and all postage
503 costs related to the verification notice required by paragraph
504 (e), and transmitting petition forms to the division. The
505 division shall also publish each county’s current cost on its
506 website. The division and each supervisor shall biennially
507 review available technology aimed at reducing verification
508 costs.
509 (g)(c) On the last day of each month, or on the last day of
510 each week from December 1 of an odd-numbered year through
511 February 1 of the following year, each supervisor shall post on
512 his or her website the total number of signatures submitted, the
513 total number of invalid signatures, the total number of
514 signatures processed, and the aggregate number of verified valid
515 signatures and the distribution of such signatures by
516 congressional district for each proposed amendment proposed by
517 initiative, along with the following information specific to the
518 reporting period: the total number of signed petition forms
519 received, the total number of signatures verified, the
520 distribution of verified valid signatures by congressional
521 district, and the total number of verified petition forms
522 forwarded to the Secretary of State. For any reporting period in
523 which the percentage of petition forms deemed invalid by the
524 supervisor exceeds a total of 25 percent of the petition forms
525 received by the supervisor for that reporting period, the
526 supervisor shall notify the Office of Election Crimes and
527 Security. The Office of Election Crimes and Security shall
528 conduct a preliminary investigation into the activities of the
529 sponsor, one or more petition circulators, or a person
530 collecting petition forms on behalf of a sponsor, to determine
531 whether the invalidated petitions are a result of fraud or any
532 other violation of this section. As authorized by ss. 97.012(15)
533 and 97.022(1), the Office of Elections Crimes and Security may,
534 if warranted, report findings to the statewide prosecutor or the
535 state attorney for the judicial circuit in which the alleged
536 violation occurred for prosecution.
537 (h) A signed petition form submitted by an ineligible or
538 unregistered petition circulator must be invalidated and may not
539 be counted toward the number of necessary signatures for
540 placement on the ballot.
541 (15)(12) The Secretary of State shall determine from the
542 signatures verified by the supervisors of elections the total
543 number of verified valid signatures, less any signatures that
544 were invalidated pursuant to subsection (14), and the
545 distribution of such signatures by congressional districts, and
546 the division shall post such information on its website at the
547 same intervals specified in paragraph (14)(g) (11)(c). Upon a
548 determination that the requisite number and distribution of
549 valid signatures have been obtained, the secretary shall issue a
550 certificate of ballot position for that proposed amendment and
551 shall assign a designating number pursuant to s. 101.161. The
552 secretary must rescind the certificate of ballot position if an
553 advisory opinion issued by the Supreme Court pursuant to s.
554 16.061(1) deems the initiative petition invalid.
555 (16)(a)(13)(a) Upon receipt of a proposed revision or
556 amendment from the Secretary of State, the coordinator of the
557 Office of Economic and Demographic Research shall contact the
558 person identified as the sponsor to request an official list of
559 all persons authorized to speak on behalf of the named sponsor
560 and, if there is one, the sponsoring organization at meetings
561 held by the Financial Impact Estimating Conference. All other
562 persons must be deemed interested parties or proponents or
563 opponents of the initiative. The Financial Impact Estimating
564 Conference shall provide an opportunity for any representative
565 of the sponsor, interested parties, and proponents or opponents
566 of the initiative to submit information and may solicit
567 information or analysis from any other entities or agencies,
568 including the Office of Economic and Demographic Research At the
569 same time the Secretary of State submits an initiative petition
570 to the Attorney General pursuant to s. 15.21, the secretary
571 shall submit a copy of the initiative petition to the Financial
572 Impact Estimating Conference.
573 (b) Within 75 days after receipt of a proposed revision or
574 amendment to the State Constitution by initiative petition from
575 the Secretary of State, the Financial Impact Estimating
576 Conference shall complete an analysis and financial impact
577 statement to be placed on the ballot of the estimated increase
578 or decrease in any revenues or costs to state or local
579 governments and the overall impact to the state budget resulting
580 from the proposed initiative. The 75-day time limit is tolled
581 when the Legislature is in session. The Financial Impact
582 Estimating Conference shall submit the financial impact
583 statement to the Attorney General and Secretary of State. If the
584 initiative petition has been submitted to the Financial Impact
585 Estimating Conference but the validity of signatures has expired
586 and the initiative petition no longer qualifies for ballot
587 placement at the ensuing general election, the Secretary of
588 State must notify the Financial Impact Estimating Conference.
589 The Financial Impact Estimating Conference does is not required
590 to complete an analysis and financial impact statement for an
591 initiative petition that fails to meet the requirements of
592 subsection (1) for placement on the ballot before the 75-day
593 time limit, including any tolling period, expires, the ballot
594 must include the statement required by s. 101.161(1)(e). The
595 initiative petition may be resubmitted to the Financial Impact
596 Estimating Conference if the initiative petition meets the
597 requisite criteria for a subsequent general election cycle. A
598 new Financial Impact Estimating Conference shall be established
599 at such time as the initiative petition again satisfies the
600 criteria in s. 15.21(1).
601 (b) Immediately upon receipt of a proposed revision or
602 amendment from the Secretary of State, the coordinator of the
603 Office of Economic and Demographic Research shall contact the
604 person identified as the sponsor to request an official list of
605 all persons authorized to speak on behalf of the named sponsor
606 and, if there is one, the sponsoring organization at meetings
607 held by the Financial Impact Estimating Conference. All other
608 persons shall be deemed interested parties or proponents or
609 opponents of the initiative. The Financial Impact Estimating
610 Conference shall provide an opportunity for any representatives
611 of the sponsor, interested parties, proponents, or opponents of
612 the initiative to submit information and may solicit information
613 or analysis from any other entities or agencies, including the
614 Office of Economic and Demographic Research.
615 (c) The Financial Impact Estimating Conference may be
616 convened only by the President of the Senate and the Speaker of
617 the House of Representatives, jointly. All meetings of the
618 Financial Impact Estimating Conference shall be open to the
619 public. The President of the Senate and the Speaker of the House
620 of Representatives, jointly, shall be the sole judge for the
621 interpretation, implementation, and enforcement of this
622 subsection.
623 1. The Financial Impact Estimating Conference is
624 established to review, analyze, and estimate the financial
625 impact of amendments to or revisions of the State Constitution
626 proposed by initiative. The Financial Impact Estimating
627 Conference shall be composed consist of four principals: one
628 person from the professional staff of the Executive Office of
629 the Governor or from a state agency, designated by the Governor;
630 the coordinator of the Office of Economic and Demographic
631 Research, or his or her designee; one person from the
632 professional staff of the Senate, designated by the President of
633 the Senate; and one person from the professional staff of the
634 House of Representatives, designated by the Speaker of the House
635 of Representatives. Each principal shall have appropriate fiscal
636 expertise in the subject matter of the initiative. A Financial
637 Impact Estimating Conference may be appointed for each
638 initiative.
639 2. Principals of the Financial Impact Estimating Conference
640 shall reach a consensus or majority concurrence on a clear and
641 unambiguous financial impact statement, no more than 150 words
642 in length, and immediately submit the statement to the Attorney
643 General. Nothing in this subsection prohibits the Financial
644 Impact Estimating Conference from setting forth a range of
645 potential impacts in the financial impact statement. Any
646 financial impact statement that a court finds not to be in
647 accordance with this section shall be remanded solely to the
648 Financial Impact Estimating Conference for redrafting. The
649 Financial Impact Estimating Conference shall redraft the
650 financial impact statement within 15 days.
651 3. If the Supreme Court has rejected the initial submission
652 by the Financial Impact Estimating Conference and no redraft has
653 been approved by the Supreme Court by 5 p.m. on the 75th day
654 before the election, the following statement shall appear on the
655 ballot: “The impact of this measure, if any, has not been
656 determined at this time.”
657 (d) The financial impact statement must be separately
658 contained on the petition form and the ballot and be set forth
659 after the ballot summary as required in s. 101.161(1).
660 1. If the financial impact statement projects a net
661 negative impact on the state budget, the ballot must include the
662 statement required by s. 101.161(1)(b).
663 2. If the financial impact statement projects a net
664 positive impact on the state budget, the ballot must include the
665 statement required by s. 101.161(1)(c).
666 3. If the financial impact statement estimates an
667 indeterminate financial impact or if the members of the
668 Financial Impact Estimating Conference are unable to agree on
669 the statement required by this subsection, the ballot must
670 include the statement required by s. 101.161(1)(d).
671 4. If the financial impact statement was not produced or if
672 the Financial Impact Estimating Conference did not meet to
673 produce the financial statement, the ballot must include the
674 statement required by s. 101.161(1)(e).
675 (e)1. Any financial impact statement that the Supreme Court
676 finds not to be in accordance with this subsection shall be
677 remanded solely to the Financial Impact Estimating Conference
678 for redrafting, provided the court’s advisory opinion is
679 rendered at least 75 days before the election at which the
680 question of ratifying the amendment will be presented. The
681 Financial Impact Estimating Conference shall prepare and adopt a
682 revised financial impact statement no later than 5 p.m. on the
683 15th day after the date of the court’s opinion. The sponsor of
684 the initiative must refile the petition with the revised
685 financial impact statement with the Secretary of State as a new
686 petition.
687 2. If, by 5 p.m. on the 75th day before the election, the
688 Supreme Court has not issued an advisory opinion on the initial
689 financial impact statement prepared by the Financial Impact
690 Estimating Conference for an initiative amendment that otherwise
691 meets the legal requirements for ballot placement, the financial
692 impact statement shall be deemed approved for placement on the
693 ballot.
694 (f)3. In addition to the financial impact statement
695 required by this subsection, the Financial Impact Estimating
696 Conference shall draft an initiative financial information
697 statement. The initiative financial information statement should
698 describe in greater detail than the financial impact statement
699 any projected increase or decrease in revenues or costs that the
700 state or local governments would likely experience if the ballot
701 measure were approved. If appropriate, the initiative financial
702 information statement may include both estimated dollar amounts
703 and a description placing the estimated dollar amounts into
704 context. The initiative financial information statement must
705 include both a summary of not more than 500 words and additional
706 detailed information that includes the assumptions that were
707 made to develop the financial impacts, workpapers, and any other
708 information deemed relevant by the Financial Impact Estimating
709 Conference.
710 (g)4. The Department of State shall have printed, and shall
711 furnish to each supervisor of elections, a copy of the summary
712 from the initiative financial information statements. The
713 supervisors shall have the summary from the initiative financial
714 information statements available at each polling place and at
715 the main office of the supervisor of elections upon request.
716 (h)5. The Secretary of State and the Office of Economic and
717 Demographic Research shall make available on the Internet each
718 initiative financial information statement in its entirety. In
719 addition, each supervisor of elections whose office has a
720 website shall post the summary from each initiative financial
721 information statement on the website. Each supervisor shall
722 include a copy of each summary from the initiative financial
723 information statements and the Internet addresses for the
724 information statements on the Secretary of State’s and the
725 Office of Economic and Demographic Research’s websites in the
726 publication or mailing required by s. 101.20.
727 (17)(14) The Department of State may adopt rules in
728 accordance with s. 120.54 to implement this section carry out
729 the provisions of subsections (1)-(14).
730 (18)(15) No provision of this code shall be deemed to
731 prohibit a private person exercising lawful control over
732 privately owned property, including property held open to the
733 public for the purposes of a commercial enterprise, from
734 excluding from such property persons seeking to engage in
735 activity supporting or opposing initiative amendments.
736 Section 7. (1) By July 1, 2025, the Department of State
737 shall update the forms as required by the amendments made to s.
738 100.371(3), Florida Statutes, for any proposed amendments
739 received before July 1, 2025.
740 (2)(a) By June 1, 2025, the Department of State shall make
741 available a new petition circulator application to incorporate
742 the amendments made to s. 100.371(4), Florida Statutes.
743 (b)1. Effective July 1, 2025, the registration of each
744 petition circulator expires.
745 2. No later than 7 days after this section becomes law, the
746 Department of State shall notify each petition circulator that
747 his or her registration expires on July 1, 2025, and that he or
748 she may reregister by completing a new application that will be
749 available before the current registration expires.
750 (c) By June 1, 2025, the Department of State shall develop
751 the training required by s. 100.371(4)(f), Florida Statutes.
752 (3) No later than October 1, 2025, a supervisor of
753 elections may increase the cost of signature verification
754 pursuant to the amendments made to s. 100.371(14)(f), Florida
755 Statutes. A supervisor shall post the cost of signature
756 verification on his or her publicly available website as soon as
757 such cost is determined.
758 Section 8. Paragraph (a) of subsection (1) of section
759 101.161, Florida Statutes, is amended, and paragraph (e) is
760 added to that subsection, to read:
761 101.161 Referenda; ballots.—
762 (1) Whenever a constitutional amendment or other public
763 measure is submitted to the vote of the people, a ballot summary
764 of such amendment or other public measure shall be printed in
765 clear and unambiguous language on the ballot after the list of
766 candidates, followed by the word “yes” and also by the word
767 “no,” and shall be styled in such a manner that a “yes” vote
768 will indicate approval of the proposal and a “no” vote will
769 indicate rejection. The ballot summary of the amendment or other
770 public measure and the ballot title to appear on the ballot
771 shall be embodied in the constitutional revision commission
772 proposal, constitutional convention proposal, taxation and
773 budget reform commission proposal, or enabling resolution or
774 ordinance. The ballot summary of the amendment or other public
775 measure shall be an explanatory statement, not exceeding 75
776 words in length, of the chief purpose of the measure. In
777 addition, for every constitutional amendment proposed by
778 initiative, the ballot shall include, following the ballot
779 summary, in the following order:
780 (a) A separate financial impact statement concerning the
781 measure prepared by the Financial Impact Estimating Conference
782 in accordance with s. 100.371(16) s. 100.371(13).
783 (e) If the financial impact statement was not produced or
784 if the Financial Impact Estimating Conference did not meet to
785 produce the financial impact statement, the following statement
786 in bold print:
787
788 THE FINANCIAL IMPACT OF THIS AMENDMENT, IF ANY, HAS
789 NOT BEEN DETERMINED AT THIS TIME.
790
791 The ballot title shall consist of a caption, not exceeding 15
792 words in length, by which the measure is commonly referred to or
793 spoken of. This subsection does not apply to constitutional
794 amendments or revisions proposed by joint resolution.
795 Section 9. Subsection (2) of section 102.111, Florida
796 Statutes, is amended to read:
797 102.111 Elections Canvassing Commission.—
798 (2) The Elections Canvassing Commission shall meet at 8
799 a.m. on the 9th day after a primary election and at 8 a.m. on
800 the 14th day after a general election to certify the returns of
801 the election for each federal, state, and multicounty office and
802 for each constitutional amendment. If a member of a county
803 canvassing board that was constituted pursuant to s. 102.141
804 determines, within 5 days after the certification by the
805 Elections Canvassing Commission, that a typographical error
806 occurred in the official returns of the county, the correction
807 of which could result in a change in the outcome of an election,
808 the county canvassing board must certify corrected returns to
809 the Department of State within 24 hours, and the Elections
810 Canvassing Commission must correct and recertify the election
811 returns as soon as practicable.
812 Section 10. Section 102.121, Florida Statutes, is amended
813 to read:
814 102.121 Elections Canvassing Commission to issue
815 certificates.—The Elections Canvassing Commission shall make and
816 sign separate certificates of the result of the election for
817 federal officers, and state officers, and constitutional
818 amendments, which certificates must shall be written and contain
819 the total number of votes cast for and against each person for
820 each office and the total number of votes cast for and against
821 each constitutional amendment. The certificates, the one
822 including the result of the election for presidential electors
823 and representatives to Congress, and the other including the
824 result of the election for state officers, shall be recorded in
825 the Department of State in a book to be kept for that purpose.
826 Section 11. Subsections (1), (3), and (4) of section
827 102.168, Florida Statutes, are amended to read:
828 102.168 Contest of election.—
829 (1) Except as provided in s. 102.171, the certification of
830 election or nomination of any person to office, or of the
831 adoption of a constitutional amendment or the result on any
832 question submitted by referendum, may be contested in the
833 circuit court by any unsuccessful candidate for such office or
834 nomination thereto or by any voter elector qualified to vote in
835 the election related to such candidacy or constitutional
836 amendment, or by any taxpayer, respectively.
837 (3) The complaint must shall set forth the grounds on which
838 the contestant intends to establish his or her right to such
839 office; or set aside the result of the election on a submitted
840 referendum or constitutional amendment. The grounds for
841 contesting an election or a constitutional amendment under this
842 section are:
843 (a) Misconduct, fraud, or corruption on the part of any
844 election official or any member of the canvassing board
845 sufficient to change or place in doubt the result of the
846 election.
847 (b) Ineligibility of the successful candidate for the
848 nomination or office in dispute or of the proposed
849 constitutional amendment for placement on the ballot.
850 (c) Receipt of a number of illegal votes or rejection of a
851 number of legal votes sufficient to change or place in doubt the
852 result of the election.
853 (d) Proof that any voter elector, election official, or
854 canvassing board member was given or offered a bribe or reward
855 in money, property, or any other thing of value for the purpose
856 of procuring the successful candidate’s nomination or election
857 or determining the result on any question submitted by
858 referendum or constitutional amendment.
859 (4) The canvassing board responsible for canvassing the
860 election is an indispensable party defendant in county and local
861 elections. The Elections Canvassing Commission is an
862 indispensable party defendant in federal, state, and multicounty
863 elections, in elections for constitutional amendments, and in
864 elections for justice of the Supreme Court, judge of a district
865 court of appeal, and judge of a circuit court. The successful
866 candidate is an indispensable party to any action brought to
867 contest the election or nomination of a candidate. The sponsor
868 of a constitutional amendment proposed by initiative petition,
869 identified pursuant to s. 100.371, is an indispensable party to
870 any action brought to contest such election.
871 Section 12. Subsection (2) of section 104.185, Florida
872 Statutes, is amended to read:
873 104.185 Petitions; knowingly signing more than once;
874 signing another person’s name or a fictitious name.—
875 (2) A person who signs another person’s name or a
876 fictitious name to any petition, or who fills in missing
877 information on a signed petition, to secure ballot position for
878 a candidate, a minor political party, or an issue commits a
879 felony of the third degree, punishable as provided in s.
880 775.082, s. 775.083, or s. 775.084.
881 Section 13. Section 104.186, Florida Statutes, is amended
882 to read:
883 104.186 Initiative petitions; violations.—A person who
884 compensates a petition circulator as defined in s. 97.021 based
885 on the number of petition forms gathered, as prohibited by s.
886 100.371(5), commits a felony of the third degree, punishable as
887 provided in s. 775.082, s. 775.083, or s. 775.084. This section
888 does not prohibit employment relationships that do not base
889 payment on the number of signatures collected.
890 Section 14. Section 104.187, Florida Statutes, is amended
891 to read:
892 104.187 Initiative petitions; registration.—A person who
893 violates s. 100.371(4)(a) s. 100.371(3) commits a misdemeanor of
894 the second degree, punishable as provided in s. 775.082 or s.
895 775.083.
896 Section 15. Effective July 1, 2025, section 104.188,
897 Florida Statutes, is created to read:
898 104.188 Petition forms gathered from immediate family;
899 violations.—
900 (1) For the purposes of this section, the term “immediate
901 family” means a person’s spouse or the parent, child,
902 grandparent, grandchild, or sibling of the person or the
903 person’s spouse.
904 (2) A person who collects, delivers, or otherwise
905 physically possesses more than five signed petition forms in
906 addition to his or her own signed petition form or a signed
907 petition form belonging to an immediate family member, and who
908 is not registered as a petition circulator pursuant to s.
909 100.371(4)(a), commits a felony of the third degree, punishable
910 as provided in s. 775.082, s. 775.083, or s. 775.084.
911 (3) This section may not be construed to prohibit a person
912 from distributing petition forms designed for personal use as
913 described in s. 100.371(3)(e).
914
915 ================= T I T L E A M E N D M E N T ================
916 And the title is amended as follows:
917 Delete lines 1141 - 1294
918 and insert:
919 specified circumstances; providing construction;
920 defining the term “immediate family”; prohibiting
921 certain persons from collecting signatures or
922 initiative petitions; requiring that applications for
923 registration include specified information;
924 authorizing citizens to challenge a petition
925 circulator’s registration by filing a petition in
926 circuit court; authorizing the court to enjoin the
927 petition circulator from collecting signatures or
928 petition forms until registered; authorizing the
929 division to revoke a petition circulator’s
930 registration under specified circumstances;
931 prohibiting persons from registering to collect
932 signatures or initiative petitions until they complete
933 a required training; providing the requirements for
934 such training; providing civil penalties for the
935 sponsors of initiative amendments that knowingly allow
936 persons to collect petition forms on their behalf and
937 violate specified provisions; prohibiting a sponsor
938 from compensating a petition circulator based on the
939 number of petition forms gathered or the time within
940 which such forms are gathered; providing construction;
941 requiring the division to make forms available to
942 registered petition circulators in a certain format;
943 deleting a requirement that supervisors of elections
944 provide the division information on petition forms
945 assigned to them; requiring sponsors to deliver forms
946 promptly to the supervisor of elections in the county
947 in which a voter resides within a specified timeframe
948 after the form is signed; revising the civil penalties
949 for failing to deliver forms within the prescribed
950 timeframes; providing civil penalties for the sponsors
951 of petitions if the person collecting petition forms
952 on behalf of the sponsor signs the name of another,
953 signs a fictitious name, or fills in missing
954 information on the signed petition form; providing
955 criminal penalties for persons who, while collecting
956 petition forms, copy or retain a voter’s personal
957 identifying information for a reason other than to
958 provide such information to the sponsor of an
959 initiative petition; providing civil penalties for
960 sponsors who mail or provide prefilled initiative
961 petitions; providing that sponsors that discover and
962 report a violation as soon as practicable may not be
963 fined for such violation; requiring the supervisor to
964 record the date a submitted petition is received;
965 requiring the supervisor to notify the division of any
966 misfiled petition; revising the conditions under which
967 a supervisor verifies signatures to include processing
968 of a certain fee; requiring supervisors, beginning on
969 a specified date, to promptly record, in a specified
970 manner, the date each form is received and the date
971 the form is verified as valid; revising the conditions
972 under which a supervisor may verify a signature on an
973 initiative petition form; requiring supervisors to
974 electronically transmit digital images, which must
975 meet a specified standard, of all received petition
976 forms to the division; requiring that such forms be
977 identified as valid or invalid; requiring supervisors
978 to retain all petition forms and identify those forms
979 verified as valid from those deemed invalid until such
980 forms are processed; requiring supervisors to deliver
981 physical forms to the division; requiring the division
982 to retain such forms for a specified timeframe;
983 requiring supervisors to send a notice, which may be
984 returned to the Office of Election Crimes and
985 Security, to voters after their signature is verified,
986 beginning on a specified date; providing requirements
987 for such notice; requiring the Office of Election
988 Crimes and Security to transmit copies of returned
989 notices, upon receipt, to the division; requiring the
990 division to deem the voter petition form invalid if a
991 completed notice is received; providing that
992 supervisors of elections are required to post on their
993 websites the actual costs of signature verification
994 for all petition forms, and that they may increase
995 such costs annually by a specified date; specifying
996 that such costs include costs related to certain
997 actions; requiring supervisors to notify the Office of
998 Election Crimes and Security under a specified
999 condition; requiring the office to conduct specified
1000 preliminary investigations; authorizing the office to
1001 report findings of such investigations to the
1002 statewide prosecutor or a certain state attorney;
1003 providing that a signed petition form submitted by an
1004 ineligible or unregistered petition circulator must be
1005 invalidated; revising information related to signature
1006 verification which must be posted on the division’s
1007 website; requiring the Secretary of State to rescind
1008 the certificate of ballot position if an advisory
1009 opinion from the Supreme Court deems the initiative
1010 petition invalid; requiring the Financial Impact
1011 Estimating Conference to submit the financial impact
1012 statement to the Secretary of State; requiring that a
1013 certain statement be included on the ballot if the
1014 conference does not complete an analysis and financial
1015 impact statement within a specified timeframe;
1016 providing that only the President of the Senate and
1017 the Speaker of the House of Representatives, jointly,
1018 may convene the conference; revising the membership of
1019 the conference; deleting a provision authorizing the
1020 court to remand the financial impact statement to the
1021 conference to be redrafted; requiring that such
1022 statement appear on the petition form and ballot;
1023 requiring a sponsor to refile a petition as a new
1024 petition under certain circumstances; deleting a
1025 provision that deems financial impact statements
1026 approved for placement on the ballot under certain
1027 circumstances; requiring the Department of State to
1028 update petition forms by a specified date; requiring
1029 the department to make the petition circulator
1030 application available by a specified date; providing
1031 that each petition circulator registration expires on
1032 a specified date; requiring the department to notify
1033 such petition circulators of the expiration of their
1034 registration by a specified date; requiring the
1035 department to develop a certain training within a
1036 specified timeframe; authorizing supervisors of
1037 elections to increase the costs of signature
1038 verification before a specified date; requiring the
1039 supervisors to post such cost on their publicly
1040 available websites as soon as the cost is determined;
1041 amending s. 101.161, F.S.; requiring that a certain
1042 statement be included on the ballot if a financial
1043 impact statement was not produced or the Financial
1044 Impact Estimating Conference did not meet to produce
1045 one; conforming a cross-reference; amending s.
1046 102.111, F.S.; requiring the Elections Canvassing
1047 Commission to certify the returns of constitutional
1048 amendments; amending s. 102.121, F.S.; requiring the
1049 commission to make and sign separate certificates for
1050 constitutional amendments; providing requirements for
1051 such certificates; amending s. 102.168, F.S.;
1052 providing for standing to contest the adoption of a
1053 constitutional amendment by any qualified voter or
1054 taxpayer; revising the grounds on which such parties
1055 may contest an election or a constitutional amendment;
1056 providing that the commission and the sponsor of the
1057 amendment are indispensable parties in any such
1058 action; amending s. 104.185, F.S.; providing criminal
1059 penalties for persons who fill in missing information
1060 on a signed petition form to secure a ballot position
1061 for a candidate, a minor political party, or an issue;
1062 amending s. 104.186, F.S.; providing criminal
1063 penalties for persons who compensate others based on
1064 the number of petition forms gathered, as prohibited
1065 by a specified section; amending s. 104.187, F.S.;
1066 conforming a cross-reference; creating s. 104.188,
1067 F.S.; defining the term “immediate family”; providing
1068 criminal penalties for certain persons who collect,
1069 deliver, or otherwise physically possess more than a
1070 certain number of signed petition forms other than
1071 their own or forms belonging to an immediate family
1072 member; providing construction; creating s. 106.151,
1073 F.S.; defining the term