Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS/HB 1205, 1st Eng.
Ì563088GÎ563088
LEGISLATIVE ACTION
Senate . House
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Floor: 2b/AD/2R .
04/30/2025 11:30 AM .
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Senator Smith moved the following:
1 Senate Amendment to Substitute Amendment (570150) (with
2 title amendment)
3
4 Delete lines 73 - 988
5 and insert:
6 Section 4. Paragraphs (a) and (d) of subsection (4) of
7 section 99.097, Florida Statutes, are amended, and paragraph (b)
8 of subsection (1) of that section is reenacted, to read:
9 99.097 Verification of signatures on petitions.—
10 (1)
11 (b) Rules and guidelines for petition verification shall be
12 adopted by the Department of State. Rules and guidelines for a
13 random sample method of verification may include a requirement
14 that petitions bear an additional number of names and
15 signatures, not to exceed 15 percent of the names and signatures
16 otherwise required. If the petitions do not meet such criteria
17 or if the petitions are prescribed by s. 100.371, the use of the
18 random sample method of verification is not available to
19 supervisors.
20 (4)(a) The supervisor must be paid in advance the sum of 10
21 cents for each signature checked or the actual cost of checking
22 such signature, whichever is less, by the candidate or, in the
23 case of a petition to have a local issue placed on the ballot,
24 by the person or organization submitting the petition. In the
25 case of a petition to place a statewide issue on the ballot, the
26 person or organization submitting the petition must pay the
27 supervisor in advance the cost posted by the supervisor pursuant
28 to s. 100.371(14) s. 100.371(11) for the actual cost of checking
29 signatures to place a statewide issue on the ballot.
30 (d) Except as provided in s. 100.371(14)(d), petitions must
31 be retained by the supervisors for a period of 1 year following
32 the election for which the petitions were circulated.
33 Section 5. Section 100.371, Florida Statutes, is amended to
34 read:
35 100.371 Initiatives; procedure for placement on ballot.—
36 (1)(a) Constitutional amendments proposed by initiative
37 shall be placed on the ballot for the general election, provided
38 the initiative petition has been filed with the Secretary of
39 State no later than February 1 of the year the general election
40 is held. A petition shall be deemed to be filed with the
41 Secretary of State upon the date the secretary determines that
42 valid and verified petition forms have been signed by the
43 constitutionally required number and distribution of voters
44 electors under this code.
45 (b) A sponsor of an initiative petition must obtain, at
46 least every third election cycle, a letter pursuant to s.
47 15.21(1)(c). Failure to obtain such letter results in expiration
48 of the initiative petition’s signatures and disbanding of the
49 sponsor’s political committee.
50 (c) Initiative petition signatures expire and the sponsor’s
51 political committee is disbanded if a constitutional amendment
52 proposed by initiative submitted to the Secretary of State
53 before February 1, 2022, fails to obtain a letter pursuant to s.
54 15.21(1)(c) on or before February 1, 2026. This paragraph does
55 not preclude such a sponsor from refiling the proposed amendment
56 as a new petition.
57 (2) The sponsor of an initiative amendment may not sponsor
58 more than one amendment and must shall, before circulating any
59 petition forms prior to obtaining any signatures, register as a
60 political committee pursuant to s. 106.03 and submit the ballot
61 title, ballot summary, article and section of the State
62 Constitution being amended, and full text of the proposed
63 amendment to the Secretary of State. The proposed amendment and
64 all forms filed in connection with this section must, upon
65 request, be made available in alternative formats, with the form
66 on which the signatures will be affixed, and shall obtain the
67 approval of the Secretary of State of such form. Upon receipt,
68 the Secretary of State shall assign the initiative petition a
69 petition number and submit a copy of the proposed amendment to
70 the Financial Impact Estimating Conference for review, analysis,
71 and estimation of the financial impact of the proposed
72 amendment. After the review by the Financial Impact Estimating
73 Conference, the division shall publish the forms with the
74 information provided for in subsection (3) and on which
75 signatures for the initiative petition will be affixed The
76 Secretary of State shall adopt rules pursuant to s. 120.54
77 prescribing the style and requirements of such form. Upon filing
78 with the Secretary of State, the text of the proposed amendment
79 and all forms filed in connection with this section must, upon
80 request, be made available in alternative formats.
81 (3)(a) Beginning July 1, 2025, the petition form must
82 prominently display all of the following:
83 1. The petition number.
84 2. The ballot title.
85 3. The ballot summary.
86 4. A notice that the form becomes a public record upon
87 receipt by the supervisor.
88 5. A notice that it is a misdemeanor of the first degree to
89 knowingly sign the petition more than once.
90 6. A notice that the form will not be validated if all of
91 the requested information is not completed.
92 7. For a proposed amendment submitted to the Secretary of
93 State after the effective date of this act, the financial impact
94 statement.
95 (b) The petition form must also include all of the
96 following:
97 1. The full text of the proposed amendment.
98 2. The name and address of the sponsor.
99 3. The date received by the Secretary of State.
100 4. A bar code or serial number associated with the
101 initiative petition.
102 (c) The petition form must solicit and require all of the
103 following information:
104 1. The full name of the voter.
105 2. The voter’s address and county of legal residence.
106 3. The voter’s Florida voter registration number or date of
107 birth.
108 4. The voter’s Florida driver license number or the voter’s
109 Florida identification card number issued pursuant to s.
110 322.051, or the last four digits of the voter’s social security
111 number.
112 5. An attestation that the voter is a registered Florida
113 voter and is petitioning the Secretary of State to place the
114 proposed amendment on the ballot.
115 6. The voter’s signature and the date on which the voter
116 signed the form.
117 (d) A petition form distributed by a petition circulator
118 must also include all of the following:
119 1. The Petition Circulator’s Affidavit with the
120 circulator’s name, permanent address, and petition circulator
121 number or barcode.
122 2. The following statement, which must be signed and dated
123 by the circulator:
124
125 By my signature below, as petition circulator, I
126 verify that the petition was completed and signed by
127 the voter in my presence. Under penalty of perjury, I
128 declare that I have read the foregoing Petition
129 Circulator’s Affidavit, and that the facts stated in
130 it are true, and that if I was paid to circulate or
131 collect this petition, payment was not on a per
132 signature basis.
133
134 (e) The petition form must be in a type not less than 10
135 points, except for the full text of the proposed amendment,
136 which may be in a type not less than 6 points if 10-point type
137 would cause the length of the petition form to exceed one page
138 front and back.
139 (4)(a) A person may not collect signatures or initiative
140 petitions for compensation unless the person is registered as a
141 petition circulator with the Secretary of State.
142 (b) A person may not collect signatures or initiative
143 petitions if he or she:
144 1. Has been convicted of a felony violation and has not had
145 his or her right to vote restored.
146 2. Is not a citizen of the United States.
147 3. Is not a resident of this state.
148 (b) A citizen may challenge a petition circulator’s
149 registration under this section by filing a petition in circuit
150 court. If the court finds that the respondent is not a
151 registered petition circulator, the court may enjoin the
152 respondent from collecting signatures or initiative petitions
153 for compensation until she or he is lawfully registered.
154 (c)(4) An application for registration must be submitted in
155 the format required by the Secretary of State and must include
156 the following:
157 1.(a) The information required to be on the petition form
158 under s. 101.161, including the ballot summary and title as
159 received approved by the Secretary of State.
160 2.(b) The applicant’s name, permanent address, temporary
161 address, if applicable, and date of birth, Florida driver
162 license or Florida identification card number, and the last four
163 digits of his or her social security number.
164 3.(c) An address in this state at which the applicant will
165 accept service of process related to disputes concerning the
166 petition process, if the applicant is not a resident of this
167 state.
168 4.(d) A statement that the applicant consents to the
169 jurisdiction of the courts of this state in resolving disputes
170 concerning the petition process.
171 5.(e) Any information required by the Secretary of State to
172 verify the applicant’s identity or address.
173 6. Whether the applicant has been convicted of a felony
174 violation and has not had his or her right to vote restored, by
175 including the statement, “I affirm that I am not a convicted
176 felon, or, if I am, my right to vote has been restored,” and
177 providing a box for the applicant to check to affirm the
178 statement.
179 7. Whether the applicant is a citizen of the United States,
180 by asking the question, “Are you a citizen of the United States
181 of America?” and providing boxes for the applicant to check
182 whether the applicant is or is not a citizen of the United
183 States.
184 8. Whether the applicant is a Florida resident by asking
185 the question, “Are you a resident of the state of Florida?” and
186 providing boxes for the applicant to check whether the applicant
187 is or is not a resident of the state of Florida.
188 9. The signature of the applicant under penalty of perjury
189 for false swearing pursuant to s. 104.011, by which the
190 applicant swears or affirms that the information contained in
191 the application is true.
192 (d) A citizen may challenge a petition circulator’s
193 registration under this section by filing a petition in circuit
194 court. If the court finds that the respondent is not a
195 registered petition circulator, the court may enjoin the
196 respondent from collecting signatures or initiative petitions
197 until he or she is lawfully registered.
198 (e) The division may revoke a petition circulator’s
199 registration upon the written request of the sponsor of the
200 initiative petition or if the circulator violates this section.
201 (f) A person may not register to collect signatures or
202 initiative petitions until he or she has completed the training
203 concerning the requirements for petition circulators. The
204 training must be developed by the division and must be in an
205 electronic format available on the division’s public website.
206 The training must, at a minimum, include the following:
207 1. An overview of the petition-gathering process.
208 2. An overview of the petition circulator registration
209 requirements.
210 3. An explanation that the sponsor of an initiative
211 amendment serves as a fiduciary to each voter who signs a
212 petition.
213 4. An explanation that the Florida Election Code prohibits
214 compensation or provision of any benefit based on the number of
215 petition forms gathered or the time within which a number of
216 petition forms are gathered.
217 5. The specific criminal penalties to which a petition
218 circulator may be subject for violating the Florida Election
219 Code.
220 (g) The sponsor of the initiative amendment is liable for a
221 fine in the amount of $50,000 for each person the sponsor
222 knowingly allows to collect petition forms on behalf of the
223 sponsor in violation of this subsection.
224 (5) A sponsor may not compensate a petition circulator
225 based on the number of petition forms gathered or the time
226 within which a number of petition forms are gathered. This
227 prohibition includes, but is not limited to, paying a specified
228 amount per petition form gathered, basing an hourly rate on the
229 number of petition forms gathered over a specified period of
230 time, or providing any other benefit or form of compensation
231 based on the number of petition forms gathered. All petitions
232 collected by a petition circulator must contain, in a format
233 required by the Secretary of State, a completed Petition
234 Circulator’s Affidavit which includes:
235 (a) The circulator’s name and permanent address;
236 (b) The following statement, which must be signed by the
237 circulator:
238
239 By my signature below, as petition circulator, I
240 verify that the petition was signed in my presence.
241 Under penalties of perjury, I declare that I have read
242 the foregoing Petition Circulator’s Affidavit and the
243 facts stated in it are true.
244
245 (6) The division or the supervisor of elections shall make
246 hard copy petition forms or electronic portable document format
247 petition forms available to registered petition circulators. All
248 such forms must contain information identifying the petition
249 circulator to whom which the forms are provided. The division
250 shall maintain a database of all registered petition circulators
251 and the petition forms assigned to each. Each supervisor of
252 elections shall provide to the division information on petition
253 forms assigned to and received from petition circulators. The
254 information must be provided in a format and at times as
255 required by the division by rule. The division must update
256 information on petition forms daily and make the information
257 publicly available.
258 (7)(a) A sponsor that collects petition forms or uses a
259 petition circulator to collect petition forms serves as a
260 fiduciary to the voter elector signing the petition form and
261 shall ensure, ensuring that any petition form entrusted to the
262 sponsor or petition circulator is shall be promptly delivered to
263 the supervisor of elections in the county in which the voter
264 resides within 10 30 days after the voter elector signs the
265 form. If a petition form collected by the sponsor or any
266 petition circulator is not promptly delivered to the supervisor
267 of elections, the sponsor is liable for the following fines:
268 1. A fine in the amount of $50 per each day late for each
269 petition form received by the supervisor of elections in the
270 county in which the voter resides more than 10 30 days after the
271 voter elector signed the petition form or the next business day,
272 if the office is closed. A fine in the amount of $2,500 $250 for
273 each petition form received if the sponsor or petition
274 circulator acted willfully.
275 2. A fine in the amount of $100 per each day late, up to a
276 maximum of $5,000, for each petition form collected by a sponsor
277 or a petition circulator, signed by a voter on or before
278 February 1 of the year the general election is held and received
279 by the supervisor of elections in the county in which the voter
280 resides after the deadline for such election. A fine in the
281 amount of $5,000 for each such petition form received if the
282 sponsor or petition circulator acted willfully.
283 3. A fine in the amount of $500 for each petition form
284 collected by a petition circulator which is not submitted to the
285 supervisor of elections in the county in which the voter
286 resides. A fine in the amount of $5,000 $1,000 for any petition
287 form not so submitted if the sponsor or petition circulator
288 acting on its behalf acted willfully.
289 (b) A showing by the sponsor that the failure to deliver
290 the petition form within the required timeframe is based upon
291 force majeure or impossibility of performance is an affirmative
292 defense to a violation of this subsection. The fines described
293 in this subsection may be waived upon a showing that the failure
294 to deliver the petition form promptly is based upon force
295 majeure or impossibility of performance.
296 (8) If a person collecting petition forms on behalf of a
297 sponsor of an initiative petition signs another person’s name or
298 a fictitious name to any petition, or fills in missing
299 information on a signed petition, to secure a ballot position in
300 violation of s. 104.185(2), the sponsor of the initiative
301 petition is liable for a fine in the amount of $5,000 for each
302 such petition.
303 (9) If a person collecting petition forms on behalf of a
304 sponsor of an initiative petition copies or retains a voter’s
305 personal information, such as the voter’s Florida driver license
306 number, Florida identification card number, social security
307 number, or signature, for any reason other than to provide such
308 information to the sponsor of the initiative petition, the
309 person commits a felony of the third degree, punishable as
310 provided in s. 775.082, s. 775.083, or s. 775.084.
311 (10) A sponsor of an initiative petition or a person
312 collecting petition forms on behalf of a sponsor of an
313 initiative petition may not mail or otherwise provide a petition
314 form upon which any information about a voter has been filled in
315 before it is provided to the voter. The sponsor of an initiative
316 petition is liable for a fine in the amount of $50 for each
317 petition form that is a violation of this subsection.
318 (11)(8) If the Secretary of State reasonably believes that
319 a person or entity has committed a violation of this section,
320 the secretary may refer the matter to the Attorney General for
321 enforcement. The Attorney General may institute a civil action
322 for a violation of this section or to prevent a violation of
323 this section. An action for relief may include a permanent or
324 temporary injunction, a restraining order, or any other
325 appropriate order. If the sponsor of an initiative petition
326 discovers a violation of this section and reports the violation
327 as soon as practicable to the secretary, the sponsor may not be
328 fined for such violation.
329 (12)(9) The division shall adopt by rule a complaint form
330 for a voter an elector who claims to have had his or her
331 signature misrepresented, forged, or not delivered to the
332 supervisor. The division shall also adopt rules to ensure the
333 integrity of the petition form gathering process, including
334 rules requiring sponsors to account for all petition forms used
335 by their agents. Such rules may require a sponsor or petition
336 circulator to provide identification information on each
337 petition form as determined by the department as needed to
338 assist in the accounting of petition forms.
339 (13)(10) The date on which a voter an elector signs a
340 petition form is presumed to be the date on which the petition
341 circulator received or collected the petition form.
342 (14)(a)(11)(a) An initiative petition form circulated for
343 signature may not be bundled with or attached to any other
344 petition. Each signature shall be dated when made and shall be
345 valid until the next February 1 occurring in an even-numbered
346 year for the purpose of the amendment appearing on the ballot
347 for the general election occurring in that same year, provided
348 all other requirements of law are met. The sponsor shall submit
349 signed and dated forms to the supervisor of elections for the
350 county of residence listed by the person signing the form for
351 verification of the number of valid signatures obtained.
352 (b) The supervisor shall record the date each submitted
353 petition is received. If a signature on a petition is from a
354 registered voter in another county, the supervisor must shall
355 notify the petition sponsor and the division of the misfiled
356 petition. The supervisor shall promptly verify the signatures
357 within 60 days after receipt of the petition forms and payment
358 and processing of a fee for the actual cost of signature
359 verification incurred by the supervisor. However, for petition
360 forms submitted less than 60 days before February 1 of an even
361 numbered year, the supervisor shall promptly verify the
362 signatures within 30 days after receipt of the form and payment
363 of the fee for signature verification.
364 (c) Beginning July 1, 2025, the supervisor shall promptly
365 record, in the manner prescribed by the Secretary of State, the
366 date each form is received by the supervisor, and the date the
367 signature on the form is verified as valid. The supervisor may
368 verify that the signature on a form is valid only if:
369 1. The form contains the original signature of the
370 purported voter elector.
371 2. The purported voter elector has accurately recorded on
372 the form the date on which he or she signed the form.
373 3. The form sets forth the purported voter’s: elector’s
374 a. Full name;,
375 b. Address and, city, county of residence;, and
376 c. Voter registration number or date of birth; and
377 d. Florida driver license or Florida identification card
378 number issued pursuant to s. 322.051 or the last four digits of
379 the voter’s social security number.
380 4. The purported voter elector is, at the time he or she
381 signs the form and at the time the form is verified, a duly
382 qualified and registered voter elector in the state.
383 5. The signature was obtained legally, including that if a
384 paid petition circulator was used, the circulator was validly
385 registered under subsection (4) (3) when the signature was
386 obtained.
387
388 The supervisor shall retain all signature forms, separating
389 forms verified as valid from those deemed invalid, for at least
390 1 year following the election for which the petition was
391 circulated.
392 (d)1.(b) On the last day of each month, or on the last day
393 of each week from December 1 of an odd-numbered year through
394 February 1 of the following year, each supervisor shall
395 electronically transmit all received petition forms to the
396 division. The digital images of the scanned petition forms must
397 be of high enough quality that division personnel are able to
398 accurately discern elements contained in such forms. Forms must
399 be identified as valid or as invalid.
400 2. Each supervisor shall retain all petition forms,
401 identifying forms verified as valid from those deemed invalid,
402 until all petition forms have been processed following the
403 February 1 deadline. As soon as practicable following the
404 processing of the last timely submitted petition form, but not
405 later than March 15 following the February 1 deadline, the
406 supervisor shall deliver the physical forms to the division. The
407 division shall retain all petition forms for 1 year following
408 the election for which the petition was circulated.
409 (e) Beginning October 1, 2025, when the signature on the
410 petition form is verified as valid, the supervisor shall, as
411 soon as practicable, notify the voter by mail at the mailing
412 address on file in the Florida Voter Registration System.
413 1. Such notice must be sent by forwardable mail with a
414 postage prepaid preaddressed form, which may be returned to the
415 Office of Election Crimes and Security. The notice must include
416 contact information for the Office of Election Crimes and
417 Security, including the telephone number, fax number, mailing
418 address, and e-mail address. The notice must include all of the
419 following statements or information in substantially the
420 following form:
421
422 NOTICE
423
424 A petition to place a proposed constitutional
425 amendment on the ballot for the next general election,
426 bearing your name and signature, has been received and
427 verified by the Supervisor of Elections Office in ...
428 (insert county)....
429
430 The petition is for ...(insert the petition serial
431 number and ballot title)... and was signed on
432 ...(insert the date the voter signed the petition)....
433
434 Check this box ☐, sign, and return this notice to the
435 Office of Election Crimes and Security if you believe
436 your signature has been misrepresented or forged on a
437 petition. The petition form in question will be
438 invalidated and will not be counted toward the number
439 of signatures required to place this proposed
440 constitutional amendment on the ballot.
441
442 A notice being returned must be received by the Office
443 of Election Crimes and Security on or before February
444 1 ... (insert the year in which the general election
445 is held)....
446
447 ...(Insert the voter’s Florida voter registration
448 number, and if applicable, the petition circulator’s
449 number)....
450
451 By signing below, I swear or affirm that my signature
452 was misrepresented or forged on the petition form
453 indicated in this notice.
454
455 ...(Voter’s Signature)... ...(Date)...
456
457 This notice becomes a public record upon receipt by
458 the Office of Election Crimes and Security. It is a
459 second degree misdemeanor, punishable as provided in
460 s. 775.082, Florida Statutes, or s. 772.083, Florida
461 Statutes, for a person to knowingly make a false
462 official statement pursuant to s. 837.06, Florida
463 Statutes.
464
465 2. Upon receiving a completed notice, the Office of
466 Election Crimes and Security shall transmit a copy of such
467 notices to the division. The division shall deem the voter’s
468 petition form invalid.
469 (f) Each supervisor shall post the actual cost of signature
470 verification for petition forms received more than 60 days
471 before February 1 of an even-numbered year and for petition
472 forms received less than 60 days before February 1 of an even
473 numbered year on his or her website, and may increase such cost,
474 as necessary, annually on March 1 February 2 of each even
475 numbered year. These costs include operating and personnel costs
476 associated with comparing signatures, printing and all postage
477 costs related to the verification notice required by paragraph
478 (e), and transmitting petition forms to the division. The
479 division shall also publish each county’s current cost on its
480 website. The division and each supervisor shall biennially
481 review available technology aimed at reducing verification
482 costs.
483 (g)(c) On the last day of each month, or on the last day of
484 each week from December 1 of an odd-numbered year through
485 February 1 of the following year, each supervisor shall post on
486 his or her website the total number of signatures submitted, the
487 total number of invalid signatures, the total number of
488 signatures processed, and the aggregate number of verified valid
489 signatures and the distribution of such signatures by
490 congressional district for each proposed amendment proposed by
491 initiative, along with the following information specific to the
492 reporting period: the total number of signed petition forms
493 received, the total number of signatures verified, the
494 distribution of verified valid signatures by congressional
495 district, and the total number of verified petition forms
496 forwarded to the Secretary of State. For any reporting period in
497 which the percentage of petition forms deemed invalid by the
498 supervisor exceeds a total of 25 percent of the petition forms
499 received by the supervisor for that reporting period, the
500 supervisor shall notify the Office of Election Crimes and
501 Security. The Office of Election Crimes and Security shall
502 conduct a preliminary investigation into the activities of the
503 sponsor, one or more petition circulators, or a person
504 collecting petition forms on behalf of a sponsor, to determine
505 whether the invalidated petitions are a result of fraud or any
506 other violation of this section. As authorized by ss. 97.012(15)
507 and 97.022(1), the Office of Elections Crimes and Security may,
508 if warranted, report findings to the statewide prosecutor or the
509 state attorney for the judicial circuit in which the alleged
510 violation occurred for prosecution.
511 (h) A signed petition form submitted by an ineligible or
512 unregistered petition circulator must be invalidated and may not
513 be counted toward the number of necessary signatures for
514 placement on the ballot.
515 (15)(12) The Secretary of State shall determine from the
516 signatures verified by the supervisors of elections the total
517 number of verified valid signatures, less any signatures that
518 were invalidated pursuant to subsection (14), and the
519 distribution of such signatures by congressional districts, and
520 the division shall post such information on its website at the
521 same intervals specified in paragraph (14)(g) (11)(c). Upon a
522 determination that the requisite number and distribution of
523 valid signatures have been obtained, the secretary shall issue a
524 certificate of ballot position for that proposed amendment and
525 shall assign a designating number pursuant to s. 101.161. The
526 secretary must rescind the certificate of ballot position if an
527 advisory opinion issued by the Supreme Court pursuant to s.
528 16.061(1) deems the initiative petition invalid.
529 (16)(a)(13)(a) Upon receipt of a proposed revision or
530 amendment from the Secretary of State, the coordinator of the
531 Office of Economic and Demographic Research shall contact the
532 person identified as the sponsor to request an official list of
533 all persons authorized to speak on behalf of the named sponsor
534 and, if there is one, the sponsoring organization at meetings
535 held by the Financial Impact Estimating Conference. All other
536 persons must be deemed interested parties or proponents or
537 opponents of the initiative. The Financial Impact Estimating
538 Conference shall provide an opportunity for any representative
539 of the sponsor, interested parties, and proponents or opponents
540 of the initiative to submit information and may solicit
541 information or analysis from any other entities or agencies,
542 including the Office of Economic and Demographic Research At the
543 same time the Secretary of State submits an initiative petition
544 to the Attorney General pursuant to s. 15.21, the secretary
545 shall submit a copy of the initiative petition to the Financial
546 Impact Estimating Conference.
547 (b) Within 75 days after receipt of a proposed revision or
548 amendment to the State Constitution by initiative petition from
549 the Secretary of State, the Financial Impact Estimating
550 Conference shall complete an analysis and financial impact
551 statement to be placed on the ballot of the estimated increase
552 or decrease in any revenues or costs to state or local
553 governments and the overall impact to the state budget resulting
554 from the proposed initiative. The 75-day time limit is tolled
555 when the Legislature is in session. The Financial Impact
556 Estimating Conference shall submit the financial impact
557 statement to the Attorney General and Secretary of State. If the
558 initiative petition has been submitted to the Financial Impact
559 Estimating Conference but the validity of signatures has expired
560 and the initiative petition no longer qualifies for ballot
561 placement at the ensuing general election, the Secretary of
562 State must notify the Financial Impact Estimating Conference.
563 The Financial Impact Estimating Conference does is not required
564 to complete an analysis and financial impact statement for an
565 initiative petition that fails to meet the requirements of
566 subsection (1) for placement on the ballot before the 75-day
567 time limit, including any tolling period, expires, the ballot
568 must include the statement required by s. 101.161(1)(e). The
569 initiative petition may be resubmitted to the Financial Impact
570 Estimating Conference if the initiative petition meets the
571 requisite criteria for a subsequent general election cycle. A
572 new Financial Impact Estimating Conference shall be established
573 at such time as the initiative petition again satisfies the
574 criteria in s. 15.21(1).
575 (b) Immediately upon receipt of a proposed revision or
576 amendment from the Secretary of State, the coordinator of the
577 Office of Economic and Demographic Research shall contact the
578 person identified as the sponsor to request an official list of
579 all persons authorized to speak on behalf of the named sponsor
580 and, if there is one, the sponsoring organization at meetings
581 held by the Financial Impact Estimating Conference. All other
582 persons shall be deemed interested parties or proponents or
583 opponents of the initiative. The Financial Impact Estimating
584 Conference shall provide an opportunity for any representatives
585 of the sponsor, interested parties, proponents, or opponents of
586 the initiative to submit information and may solicit information
587 or analysis from any other entities or agencies, including the
588 Office of Economic and Demographic Research.
589 (c) The Financial Impact Estimating Conference may be
590 convened only by the President of the Senate and the Speaker of
591 the House of Representatives, jointly. All meetings of the
592 Financial Impact Estimating Conference shall be open to the
593 public. The President of the Senate and the Speaker of the House
594 of Representatives, jointly, shall be the sole judge for the
595 interpretation, implementation, and enforcement of this
596 subsection.
597 1. The Financial Impact Estimating Conference is
598 established to review, analyze, and estimate the financial
599 impact of amendments to or revisions of the State Constitution
600 proposed by initiative. The Financial Impact Estimating
601 Conference shall be composed consist of four principals: one
602 person from the professional staff of the Executive Office of
603 the Governor or from a state agency, designated by the Governor;
604 the coordinator of the Office of Economic and Demographic
605 Research, or his or her designee; one person from the
606 professional staff of the Senate, designated by the President of
607 the Senate; and one person from the professional staff of the
608 House of Representatives, designated by the Speaker of the House
609 of Representatives. Each principal shall have appropriate fiscal
610 expertise in the subject matter of the initiative. A Financial
611 Impact Estimating Conference may be appointed for each
612 initiative.
613 2. Principals of the Financial Impact Estimating Conference
614 shall reach a consensus or majority concurrence on a clear and
615 unambiguous financial impact statement, no more than 150 words
616 in length, and immediately submit the statement to the Attorney
617 General. Nothing in this subsection prohibits the Financial
618 Impact Estimating Conference from setting forth a range of
619 potential impacts in the financial impact statement. Any
620 financial impact statement that a court finds not to be in
621 accordance with this section shall be remanded solely to the
622 Financial Impact Estimating Conference for redrafting. The
623 Financial Impact Estimating Conference shall redraft the
624 financial impact statement within 15 days.
625 3. If the Supreme Court has rejected the initial submission
626 by the Financial Impact Estimating Conference and no redraft has
627 been approved by the Supreme Court by 5 p.m. on the 75th day
628 before the election, the following statement shall appear on the
629 ballot: “The impact of this measure, if any, has not been
630 determined at this time.”
631 (d) The financial impact statement must be separately
632 contained on the petition form and the ballot and be set forth
633 after the ballot summary as required in s. 101.161(1).
634 1. If the financial impact statement projects a net
635 negative impact on the state budget, the ballot must include the
636 statement required by s. 101.161(1)(b).
637 2. If the financial impact statement projects a net
638 positive impact on the state budget, the ballot must include the
639 statement required by s. 101.161(1)(c).
640 3. If the financial impact statement estimates an
641 indeterminate financial impact or if the members of the
642 Financial Impact Estimating Conference are unable to agree on
643 the statement required by this subsection, the ballot must
644 include the statement required by s. 101.161(1)(d).
645 4. If the financial impact statement was not produced or if
646 the Financial Impact Estimating Conference did not meet to
647 produce the financial statement, the ballot must include the
648 statement required by s. 101.161(1)(e).
649 (e)1. Any financial impact statement that the Supreme Court
650 finds not to be in accordance with this subsection shall be
651 remanded solely to the Financial Impact Estimating Conference
652 for redrafting, provided the court’s advisory opinion is
653 rendered at least 75 days before the election at which the
654 question of ratifying the amendment will be presented. The
655 Financial Impact Estimating Conference shall prepare and adopt a
656 revised financial impact statement no later than 5 p.m. on the
657 15th day after the date of the court’s opinion. The sponsor of
658 the initiative must refile the petition with the revised
659 financial impact statement with the Secretary of State as a new
660 petition.
661 2. If, by 5 p.m. on the 75th day before the election, the
662 Supreme Court has not issued an advisory opinion on the initial
663 financial impact statement prepared by the Financial Impact
664 Estimating Conference for an initiative amendment that otherwise
665 meets the legal requirements for ballot placement, the financial
666 impact statement shall be deemed approved for placement on the
667 ballot.
668 (f)3. In addition to the financial impact statement
669 required by this subsection, the Financial Impact Estimating
670 Conference shall draft an initiative financial information
671 statement. The initiative financial information statement should
672 describe in greater detail than the financial impact statement
673 any projected increase or decrease in revenues or costs that the
674 state or local governments would likely experience if the ballot
675 measure were approved. If appropriate, the initiative financial
676 information statement may include both estimated dollar amounts
677 and a description placing the estimated dollar amounts into
678 context. The initiative financial information statement must
679 include both a summary of not more than 500 words and additional
680 detailed information that includes the assumptions that were
681 made to develop the financial impacts, workpapers, and any other
682 information deemed relevant by the Financial Impact Estimating
683 Conference.
684 (g)4. The Department of State shall have printed, and shall
685 furnish to each supervisor of elections, a copy of the summary
686 from the initiative financial information statements. The
687 supervisors shall have the summary from the initiative financial
688 information statements available at each polling place and at
689 the main office of the supervisor of elections upon request.
690 (h)5. The Secretary of State and the Office of Economic and
691 Demographic Research shall make available on the Internet each
692 initiative financial information statement in its entirety. In
693 addition, each supervisor of elections whose office has a
694 website shall post the summary from each initiative financial
695 information statement on the website. Each supervisor shall
696 include a copy of each summary from the initiative financial
697 information statements and the Internet addresses for the
698 information statements on the Secretary of State’s and the
699 Office of Economic and Demographic Research’s websites in the
700 publication or mailing required by s. 101.20.
701 (17)(14) The Department of State may adopt rules in
702 accordance with s. 120.54 to implement this section carry out
703 the provisions of subsections (1)-(14).
704 (18)(15) No provision of this code shall be deemed to
705 prohibit a private person exercising lawful control over
706 privately owned property, including property held open to the
707 public for the purposes of a commercial enterprise, from
708 excluding from such property persons seeking to engage in
709 activity supporting or opposing initiative amendments.
710 Section 6. (1) By July 1, 2025, the Department of State
711 shall update the forms as required by the amendments made to s.
712 100.371(3), Florida Statutes, for any proposed amendments
713 received before July 1, 2025.
714 (2)(a) By June 1, 2025, the Department of State shall make
715 available a new petition circulator application to incorporate
716 the amendments made to s. 100.371(4), Florida Statutes.
717 (b)1. Effective July 1, 2025, the registration of each
718 petition circulator expires.
719 2. No later than 7 days after this section becomes law, the
720 Department of State shall notify each petition circulator that
721 his or her registration expires on July 1, 2025, and that he or
722 she may reregister by completing a new application that will be
723 available before the current registration expires.
724 (c) By June 1, 2025, the Department of State shall develop
725 the training required by s. 100.371(4)(f), Florida Statutes.
726 (3) No later than October 1, 2025, a supervisor of
727 elections may increase the cost of signature verification
728 pursuant to the amendments made to s. 100.371(14)(f), Florida
729 Statutes. A supervisor shall post the cost of signature
730 verification on his or her publicly available website as soon as
731 such cost is determined.
732 Section 7. Paragraph (a) of subsection (1) of section
733 101.161, Florida Statutes, is amended, and paragraph (e) is
734 added to that subsection, to read:
735 101.161 Referenda; ballots.—
736 (1) Whenever a constitutional amendment or other public
737 measure is submitted to the vote of the people, a ballot summary
738 of such amendment or other public measure shall be printed in
739 clear and unambiguous language on the ballot after the list of
740 candidates, followed by the word “yes” and also by the word
741 “no,” and shall be styled in such a manner that a “yes” vote
742 will indicate approval of the proposal and a “no” vote will
743 indicate rejection. The ballot summary of the amendment or other
744 public measure and the ballot title to appear on the ballot
745 shall be embodied in the constitutional revision commission
746 proposal, constitutional convention proposal, taxation and
747 budget reform commission proposal, or enabling resolution or
748 ordinance. The ballot summary of the amendment or other public
749 measure shall be an explanatory statement, not exceeding 75
750 words in length, of the chief purpose of the measure. In
751 addition, for every constitutional amendment proposed by
752 initiative, the ballot shall include, following the ballot
753 summary, in the following order:
754 (a) A separate financial impact statement concerning the
755 measure prepared by the Financial Impact Estimating Conference
756 in accordance with s. 100.371(16) s. 100.371(13).
757 (e) If the financial impact statement was not produced or
758 if the Financial Impact Estimating Conference did not meet to
759 produce the financial impact statement, the following statement
760 in bold print:
761
762 THE FINANCIAL IMPACT OF THIS AMENDMENT, IF ANY, HAS
763 NOT BEEN DETERMINED AT THIS TIME.
764
765 The ballot title shall consist of a caption, not exceeding 15
766 words in length, by which the measure is commonly referred to or
767 spoken of. This subsection does not apply to constitutional
768 amendments or revisions proposed by joint resolution.
769 Section 8. Subsection (2) of section 102.111, Florida
770 Statutes, is amended to read:
771 102.111 Elections Canvassing Commission.—
772 (2) The Elections Canvassing Commission shall meet at 8
773 a.m. on the 9th day after a primary election and at 8 a.m. on
774 the 14th day after a general election to certify the returns of
775 the election for each federal, state, and multicounty office and
776 for each constitutional amendment. If a member of a county
777 canvassing board that was constituted pursuant to s. 102.141
778 determines, within 5 days after the certification by the
779 Elections Canvassing Commission, that a typographical error
780 occurred in the official returns of the county, the correction
781 of which could result in a change in the outcome of an election,
782 the county canvassing board must certify corrected returns to
783 the Department of State within 24 hours, and the Elections
784 Canvassing Commission must correct and recertify the election
785 returns as soon as practicable.
786 Section 9. Section 102.121, Florida Statutes, is amended to
787 read:
788 102.121 Elections Canvassing Commission to issue
789 certificates.—The Elections Canvassing Commission shall make and
790 sign separate certificates of the result of the election for
791 federal officers, and state officers, and constitutional
792 amendments, which certificates must shall be written and contain
793 the total number of votes cast for and against each person for
794 each office and the total number of votes cast for and against
795 each constitutional amendment. The certificates, the one
796 including the result of the election for presidential electors
797 and representatives to Congress, and the other including the
798 result of the election for state officers, shall be recorded in
799 the Department of State in a book to be kept for that purpose.
800 Section 10. Subsections (1), (3), and (4) of section
801 102.168, Florida Statutes, are amended to read:
802 102.168 Contest of election.—
803 (1) Except as provided in s. 102.171, the certification of
804 election or nomination of any person to office, or of the
805 adoption of a constitutional amendment or the result on any
806 question submitted by referendum, may be contested in the
807 circuit court by any unsuccessful candidate for such office or
808 nomination thereto or by any voter elector qualified to vote in
809 the election related to such candidacy or constitutional
810 amendment, or by any taxpayer, respectively.
811 (3) The complaint must shall set forth the grounds on which
812 the contestant intends to establish his or her right to such
813 office; or set aside the result of the election on a submitted
814 referendum or constitutional amendment. The grounds for
815 contesting an election or a constitutional amendment under this
816 section are:
817 (a) Misconduct, fraud, or corruption on the part of any
818 election official or any member of the canvassing board
819 sufficient to change or place in doubt the result of the
820 election.
821 (b) Ineligibility of the successful candidate for the
822 nomination or office in dispute or of the proposed
823 constitutional amendment for placement on the ballot.
824 (c) Receipt of a number of illegal votes or rejection of a
825 number of legal votes sufficient to change or place in doubt the
826 result of the election.
827 (d) Proof that any voter elector, election official, or
828 canvassing board member was given or offered a bribe or reward
829 in money, property, or any other thing of value for the purpose
830 of procuring the successful candidate’s nomination or election
831 or determining the result on any question submitted by
832 referendum or constitutional amendment.
833 (4) The canvassing board responsible for canvassing the
834 election is an indispensable party defendant in county and local
835 elections. The Elections Canvassing Commission is an
836 indispensable party defendant in federal, state, and multicounty
837 elections, in elections for constitutional amendments, and in
838 elections for justice of the Supreme Court, judge of a district
839 court of appeal, and judge of a circuit court. The successful
840 candidate is an indispensable party to any action brought to
841 contest the election or nomination of a candidate. The sponsor
842 of a constitutional amendment proposed by initiative petition,
843 identified pursuant to s. 100.371, is an indispensable party to
844 any action brought to contest such election.
845 Section 11. Subsection (2) of section 104.185, Florida
846 Statutes, is amended to read:
847 104.185 Petitions; knowingly signing more than once;
848 signing another person’s name or a fictitious name.—
849 (2) A person who signs another person’s name or a
850 fictitious name to any petition, or who fills in missing
851 information on a signed petition, to secure ballot position for
852 a candidate, a minor political party, or an issue commits a
853 felony of the third degree, punishable as provided in s.
854 775.082, s. 775.083, or s. 775.084.
855 Section 12. Section 104.186, Florida Statutes, is amended
856 to read:
857 104.186 Initiative petitions; violations.—A person who
858 compensates a petition circulator as defined in s. 97.021 based
859 on the number of petition forms gathered, as prohibited by s.
860 100.371(5), commits a felony of the third degree, punishable as
861 provided in s. 775.082, s. 775.083, or s. 775.084. This section
862 does not prohibit employment relationships that do not base
863 payment on the number of signatures collected.
864 Section 13. Section 104.187, Florida Statutes, is amended
865 to read:
866 104.187 Initiative petitions; registration.—A person who
867 violates s. 100.371(4)(a) s. 100.371(3) commits a misdemeanor of
868 the second degree, punishable as provided in s. 775.082 or s.
869 775.083.
870
871 ================= T I T L E A M E N D M E N T ================
872 And the title is amended as follows:
873 Delete lines 1108 - 1300
874 and insert:
875 reference; making a technical change; reenacting and
876 amending s. 99.097, F.S.; conforming a cross
877 reference; conforming provisions to changes made by
878 the act; amending s. 100.371, F.S.; requiring the
879 sponsor of an initiative petition to obtain a certain
880 letter periodically; providing that a failure to
881 obtain such letter results in the expiration of the
882 initiative’s signatures and disbanding of the
883 sponsor’s political committee; providing that certain
884 initiative petition signatures expire and that the
885 sponsor’s political committee is disbanded under
886 specified conditions; providing that such sponsor is
887 not precluded from refiling the proposed amendment as
888 a new petition; prohibiting a sponsor from sponsoring
889 more than one initiative amendment; requiring a
890 sponsor to register as a political committee and
891 submit the ballot title, ballot summary, article and
892 section of the State Constitution being amended, and
893 full text of the proposed amendment to the Secretary
894 of State; requiring that all information be available
895 in alternative formats upon request; requiring the
896 secretary to assign a petition number and submit a
897 copy of the proposed amendment to the Financial Impact
898 Estimating Conference for review, analysis, and a
899 certain estimate; requiring the Division of Elections
900 to publish the forms on which petition signatures must
901 be fixed; deleting a requirement that the secretary
902 adopt certain rules; providing requirements, which are
903 effective on a specified date, for the petition forms;
904 prohibiting certain persons from collecting signatures
905 or initiative petitions; requiring that applications
906 for registration include specified information;
907 authorizing citizens to challenge a petition
908 circulator’s registration by filing a petition in
909 circuit court; authorizing the court to enjoin the
910 petition circulator from collecting signatures or
911 petition forms until registered; authorizing the
912 division to revoke a petition circulator’s
913 registration under specified circumstances;
914 prohibiting persons from registering to collect
915 signatures or initiative petitions until they complete
916 a required training; providing the requirements for
917 such training; providing civil penalties for the
918 sponsors of initiative amendments that knowingly allow
919 persons to collect petition forms on their behalf and
920 violate specified provisions; prohibiting a sponsor
921 from compensating a petition circulator based on the
922 number of petition forms gathered or the time within
923 which such forms are gathered; providing construction;
924 requiring the division to make forms available to
925 registered petition circulators in a certain format;
926 deleting a requirement that supervisors of elections
927 provide the division information on petition forms
928 assigned to them; requiring sponsors to deliver forms
929 promptly to the supervisor of elections in the county
930 in which a voter resides within a specified timeframe
931 after the form is signed; revising the civil penalties
932 for failing to deliver forms within the prescribed
933 timeframes; providing civil penalties for the sponsors
934 of petitions if the person collecting petition forms
935 on behalf of the sponsor signs the name of another,
936 signs a fictitious name, or fills in missing
937 information on the signed petition form; providing
938 criminal penalties for persons who, while collecting
939 petition forms, copy or retain a voter’s personal
940 identifying information for a reason other than to
941 provide such information to the sponsor of an
942 initiative petition; providing civil penalties for
943 sponsors who mail or provide prefilled initiative
944 petitions; providing that sponsors that discover and
945 report a violation as soon as practicable may not be
946 fined for such violation; requiring the supervisor to
947 record the date a submitted petition is received;
948 requiring the supervisor to notify the division of any
949 misfiled petition; revising the conditions under which
950 a supervisor verifies signatures to include processing
951 of a certain fee; requiring supervisors, beginning on
952 a specified date, to promptly record, in a specified
953 manner, the date each form is received and the date
954 the form is verified as valid; revising the conditions
955 under which a supervisor may verify a signature on an
956 initiative petition form; requiring supervisors to
957 electronically transmit digital images, which must
958 meet a specified standard, of all received petition
959 forms to the division; requiring that such forms be
960 identified as valid or invalid; requiring supervisors
961 to retain all petition forms and identify those forms
962 verified as valid from those deemed invalid until such
963 forms are processed; requiring supervisors to deliver
964 physical forms to the division; requiring the division
965 to retain such forms for a specified timeframe;
966 requiring supervisors to send a notice, which may be
967 returned to the Office of Election Crimes and
968 Security, to voters after their signature is verified,
969 beginning on a specified date; providing requirements
970 for such notice; requiring the Office of Election
971 Crimes and Security to transmit copies of returned
972 notices, upon receipt, to the division; requiring the
973 division to deem the voter petition form invalid if a
974 completed notice is received; providing that
975 supervisors of elections are required to post on their
976 websites the actual costs of signature verification
977 for all petition forms, and that they may increase
978 such costs annually by a specified date; specifying
979 that such costs include costs related to certain
980 actions; requiring supervisors to notify the Office of
981 Election Crimes and Security under a specified
982 condition; requiring the office to conduct specified
983 preliminary investigations; authorizing the office to
984 report findings of such investigations to the
985 statewide prosecutor or a certain state attorney;
986 providing that a signed petition form submitted by an
987 ineligible or unregistered petition circulator must be
988 invalidated; revising information related to signature
989 verification which must be posted on the division’s
990 website; requiring the Secretary of State to rescind
991 the certificate of ballot position if an advisory
992 opinion from the Supreme Court deems the initiative
993 petition invalid; requiring the Financial Impact
994 Estimating Conference to submit the financial impact
995 statement to the Secretary of State; requiring a
996 certain statement to be included on the ballot if the
997 conference does not complete an analysis and financial
998 impact statement within a specified timeframe;
999 providing that only the President of the Senate and
1000 the Speaker of the House of Representatives, jointly,
1001 may convene the conference; revising the membership of
1002 the conference; deleting a provision authorizing the
1003 court to remand the financial impact statement to the
1004 conference to be redrafted; requiring that such
1005 statement appear on the petition form and ballot;
1006 requiring a sponsor to refile a petition as a new
1007 petition under certain circumstances; deleting a
1008 provision that deems financial impact statements
1009 approved for placement on the ballot under certain
1010 circumstances; requiring the Department of State to
1011 update petition forms by a specified date; requiring
1012 the department to make the petition circulator
1013 application available by a specified date; providing
1014 that each petition circulator registration expires on
1015 a specified date; requiring the department to notify
1016 such petition circulators of the expiration of their
1017 registration by a specified date; requiring the
1018 department to develop a certain training within a
1019 specified timeframe; authorizing supervisors of
1020 elections to increase the costs of signature
1021 verification before a specified date; requiring the
1022 supervisors to post such cost on their publicly
1023 available websites as soon as the cost is determined;
1024 amending s. 101.161, F.S.; requiring that a certain
1025 statement be included on the ballot if a financial
1026 impact statement was not produced or the Financial
1027 Impact Estimating Conference did not meet to produce
1028 one; conforming a cross-reference; amending s.
1029 102.111, F.S.; requiring the Elections Canvassing
1030 Commission to certify the returns of constitutional
1031 amendments; amending s. 102.121, F.S.; requiring the
1032 commission to make and sign separate certificates for
1033 constitutional amendments; providing requirements for
1034 such certificates; amending s. 102.168, F.S.;
1035 providing for standing to contest the adoption of a
1036 constitutional amendment by any qualified voter or
1037 taxpayer; revising the grounds on which such parties
1038 may contest an election or a constitutional amendment;
1039 providing that the commission and the sponsor of the
1040 amendment are indispensable parties in any such
1041 action; amending s. 104.185, F.S.; providing criminal
1042 penalties for persons who fill in missing information
1043 on a signed petition form to secure a ballot position
1044 for a candidate, a minor political party, or an issue;
1045 amending s. 104.186, F.S.; providing criminal
1046 penalties for persons who compensate others based on
1047 the number of petition forms gathered, as prohibited
1048 by a specified section; amending s. 104.187, F.S.;
1049 conforming a cross-reference; creating s. 106.151,