Florida Senate - 2025                          SENATOR AMENDMENT
       Bill No. CS/HB 1205, 1st Eng.
       
       
       
       
       
       
                                Ì570150lÎ570150                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/WD/2R         .                                
             04/30/2025 12:02 PM       .                                
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       Senator Berman moved the following:
       
    1         Senate Substitute for Amendment (842060) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. (1)The Legislature finds that the power to
    7  propose an amendment to the State Constitution is reserved to
    8  the people of Florida consistent with s. 3, Article XI of the
    9  State Constitution. Evidence of fraud related to the process of
   10  gathering signatures on petitions for constitutional amendments
   11  compels the Legislature to act to protect the integrity of the
   12  ballot, ensure a valid election process, and protect the
   13  constitutionally provided initiative process.
   14         (2)It is the intent of the Legislature to update the
   15  reasonable regulations in place for petition circulators,
   16  increase transparency and accountability for sponsors of
   17  initiative petitions, provide prospective signatories with
   18  objective information regarding the impact of a proposed
   19  amendment, and deter, prevent, and penalize fraudulent
   20  activities related to initiative petitions.
   21         Section 2. Subsections (1) and (2) of section 15.21,
   22  Florida Statutes, are amended to read:
   23         15.21 Initiative petitions; s. 3, Art. XI, State
   24  Constitution.—
   25         (1) The Secretary of State shall immediately submit an
   26  initiative petition to the Attorney General if the sponsor has:
   27         (a) Registered as a political committee pursuant to s.
   28  106.03;
   29         (b) Submitted the ballot title, ballot summary substance,
   30  and full text of the proposed revision or amendment to the
   31  Secretary of State, who has received a financial impact
   32  statement pursuant to ss. 100.371 and 101.161; and
   33         (c) Obtained a letter from the Division of Elections
   34  confirming that the sponsor has submitted to the appropriate
   35  supervisors for verification, and the supervisors have verified,
   36  forms signed and dated equal to 25 percent of the number of
   37  electors statewide required by s. 3, Art. XI of the State
   38  Constitution in one-half of the congressional districts of the
   39  state.
   40         (2) If the Secretary of State has submitted an initiative
   41  petition to the Attorney General pursuant to subsection (1) but
   42  the validity of the signatures for such initiative petition has
   43  expired pursuant to s. 100.371(14)(a) s. 100.371(11)(a) before
   44  securing ballot placement, the Secretary of State must promptly
   45  notify the Attorney General. The Secretary of State may resubmit
   46  the initiative petition to the Attorney General if the
   47  initiative petition is later circulated for placement on the
   48  ballot of a subsequent general election and the criteria under
   49  subsection (1) are satisfied.
   50         Section 3. Subsections (1), (2), and (3) of section 16.061,
   51  Florida Statutes, are amended to read:
   52         16.061 Initiative petitions.—
   53         (1) The Attorney General shall, within 30 days after
   54  receipt of a proposed revision or amendment to the State
   55  Constitution by initiative petition from the Secretary of State,
   56  petition the Supreme Court, requesting an advisory opinion
   57  regarding the compliance of the text of the proposed amendment
   58  or revision with s. 3, Art. XI of the State Constitution,
   59  whether the proposed amendment is facially invalid under the
   60  United States Constitution, and the compliance of the proposed
   61  ballot title and substance with s. 101.161, and the compliance
   62  of the financial impact statement with s. 100.371(16). The
   63  petition may enumerate any specific factual issues that the
   64  Attorney General believes would require a judicial
   65  determination.
   66         (2) A copy of the petition shall be provided to the
   67  Secretary of State and the principal officer of the sponsor of
   68  the initiative petition.
   69         (3) Any financial fiscal impact statement that the Supreme
   70  Court finds not to be in accordance with s. 100.371(16) must s.
   71  100.371 shall be remanded solely to the Financial Impact
   72  Estimating Conference for redrafting.
   73         Section 4. Effective July 1, 2025, subsection (28) of
   74  section 97.021, Florida Statutes, is amended to read:
   75         97.021 Definitions.—For the purposes of this code, except
   76  where the context clearly indicates otherwise, the term:
   77         (28) “Petition circulator” means an entity or individual
   78  who collects signatures for compensation for the purpose of
   79  qualifying a proposed constitutional amendment for ballot
   80  placement. The term does not include a person who collects,
   81  delivers, or otherwise physically possesses no more than five
   82  signed petition forms in addition to his or her own signed
   83  petition form or a signed petition form belonging to the
   84  person’s spouse, or the parent, child, grandparent, grandchild,
   85  or sibling of the person or the person’s spouse.
   86         Section 5. Paragraphs (a) and (d) of subsection (4) of
   87  section 99.097, Florida Statutes, are amended, and paragraph (b)
   88  of subsection (1) of that section is reenacted, to read:
   89         99.097 Verification of signatures on petitions.—
   90         (1)
   91         (b) Rules and guidelines for petition verification shall be
   92  adopted by the Department of State. Rules and guidelines for a
   93  random sample method of verification may include a requirement
   94  that petitions bear an additional number of names and
   95  signatures, not to exceed 15 percent of the names and signatures
   96  otherwise required. If the petitions do not meet such criteria
   97  or if the petitions are prescribed by s. 100.371, the use of the
   98  random sample method of verification is not available to
   99  supervisors.
  100         (4)(a) The supervisor must be paid in advance the sum of 10
  101  cents for each signature checked or the actual cost of checking
  102  such signature, whichever is less, by the candidate or, in the
  103  case of a petition to have a local issue placed on the ballot,
  104  by the person or organization submitting the petition. In the
  105  case of a petition to place a statewide issue on the ballot, the
  106  person or organization submitting the petition must pay the
  107  supervisor in advance the cost posted by the supervisor pursuant
  108  to s. 100.371(14) s. 100.371(11) for the actual cost of checking
  109  signatures to place a statewide issue on the ballot.
  110         (d) Except as provided in s. 100.371(14)(d), petitions must
  111  be retained by the supervisors for a period of 1 year following
  112  the election for which the petitions were circulated.
  113         Section 6. Section 100.371, Florida Statutes, is amended to
  114  read:
  115         100.371 Initiatives; procedure for placement on ballot.—
  116         (1)(a) Constitutional amendments proposed by initiative
  117  shall be placed on the ballot for the general election, provided
  118  the initiative petition has been filed with the Secretary of
  119  State no later than February 1 of the year the general election
  120  is held. A petition shall be deemed to be filed with the
  121  Secretary of State upon the date the secretary determines that
  122  valid and verified petition forms have been signed by the
  123  constitutionally required number and distribution of voters
  124  electors under this code.
  125         (b)A sponsor of an initiative petition must obtain, at
  126  least every third election cycle, a letter pursuant to s.
  127  15.21(1)(c). Failure to obtain such letter results in expiration
  128  of the initiative petition’s signatures and disbanding of the
  129  sponsor’s political committee.
  130         (c)Initiative petition signatures expire and the sponsor’s
  131  political committee is disbanded if a constitutional amendment
  132  proposed by initiative submitted to the Secretary of State
  133  before February 1, 2022, fails to obtain a letter pursuant to s.
  134  15.21(1)(c) on or before February 1, 2026. This paragraph does
  135  not preclude such a sponsor from refiling the proposed amendment
  136  as a new petition.
  137         (2) The sponsor of an initiative amendment may not sponsor
  138  more than one amendment and must shall, before circulating any
  139  petition forms prior to obtaining any signatures, register as a
  140  political committee pursuant to s. 106.03 and submit the ballot
  141  title, ballot summary, article and section of the State
  142  Constitution being amended, and full text of the proposed
  143  amendment to the Secretary of State. The proposed amendment and
  144  all forms filed in connection with this section must, upon
  145  request, be made available in alternative formats, with the form
  146  on which the signatures will be affixed, and shall obtain the
  147  approval of the Secretary of State of such form. Upon receipt,
  148  the Secretary of State shall assign the initiative petition a
  149  petition number and submit a copy of the proposed amendment to
  150  the Financial Impact Estimating Conference for review, analysis,
  151  and estimation of the financial impact of the proposed
  152  amendment. After the review by the Financial Impact Estimating
  153  Conference, the division shall publish the forms with the
  154  information provided for in subsection (3) and on which
  155  signatures for the initiative petition will be affixed The
  156  Secretary of State shall adopt rules pursuant to s. 120.54
  157  prescribing the style and requirements of such form. Upon filing
  158  with the Secretary of State, the text of the proposed amendment
  159  and all forms filed in connection with this section must, upon
  160  request, be made available in alternative formats.
  161         (3)(a) Beginning July 1, 2025, the petition form must
  162  prominently display all of the following:
  163         1.The petition number.
  164         2.The ballot title.
  165         3.The ballot summary.
  166         4.A notice that the form becomes a public record upon
  167  receipt by the supervisor.
  168         5.A notice that it is a misdemeanor of the first degree to
  169  knowingly sign the petition more than once.
  170         6.A notice that the form will not be validated if all of
  171  the requested information is not completed.
  172         7.For a proposed amendment submitted to the Secretary of
  173  State after the effective date of this act, the financial impact
  174  statement.
  175         (b)The petition form must also include all of the
  176  following:
  177         1.The full text of the proposed amendment.
  178         2.The name and address of the sponsor.
  179         3.The date received by the Secretary of State.
  180         4.A bar code or serial number associated with the
  181  initiative petition.
  182         (c)The petition form must solicit and require all of the
  183  following information:
  184         1.The full name of the voter.
  185         2.The voter’s address and county of legal residence.
  186         3.The voter’s Florida voter registration number or date of
  187  birth.
  188         4.The voter’s Florida driver license number or the voter’s
  189  Florida identification card number issued pursuant to s.
  190  322.051, or the last four digits of the voter’s social security
  191  number.
  192         5.An attestation that the voter is a registered Florida
  193  voter and is petitioning the Secretary of State to place the
  194  proposed amendment on the ballot.
  195         6.The voter’s signature and the date on which the voter
  196  signed the form.
  197         (d)A petition form distributed by a petition circulator
  198  must also include all of the following:
  199         1.The Petition Circulator’s Affidavit with the
  200  circulator’s name, permanent address, and petition circulator
  201  number or barcode.
  202         2.The following statement, which must be signed and dated
  203  by the circulator:
  204  
  205         By my signature below, as petition circulator, I
  206         verify that the petition was completed and signed by
  207         the voter in my presence. Under penalty of perjury, I
  208         declare that I have read the foregoing Petition
  209         Circulator’s Affidavit, and that the facts stated in
  210         it are true, and that if I was paid to circulate or
  211         collect this petition, payment was not on a per
  212         signature basis.
  213  
  214         (e)A petition form distributed by a person other than a
  215  petition circulator must also include, in lieu of the Petition
  216  Circulator’s Affidavit, the following notice:
  217  
  218         This form is for PERSONAL USE only. Unless registered
  219         as a petition circulator, it is a third degree felony
  220         to collect, deliver, or otherwise physically possess
  221         more than five signed petition forms in addition to
  222         your own or those of immediate family members.
  223  
  224         (f)The petition form must be in a type not less than 10
  225  points, except for the full text of the proposed amendment,
  226  which may be in a type not less than 6 points if 10-point type
  227  would cause the length of the petition form to exceed one page
  228  front and back.
  229         (4)(a)Beginning July 1, 2025, unless registered as a
  230  petition circulator with the Secretary of State and issued a
  231  petition circulator number, a person may not collect, deliver,
  232  or otherwise physically possess more than five signed petition
  233  forms in addition to his or her own signed petition form or a
  234  signed petition form belonging to an immediate family member.
  235  This paragraph may not be construed to prohibit a person from
  236  distributing petition forms designated for personal use as
  237  described in paragraph (3)(e). For the purposes of this
  238  subsection, the term “immediate family” means a person’s spouse,
  239  or the parent, child, grandparent, grandchild, or sibling of the
  240  person or the person’s spouse signatures or initiative petitions
  241  for compensation unless the person is registered as a petition
  242  circulator with the Secretary of State.
  243         (b)A person may not collect signatures or initiative
  244  petitions if he or she:
  245         1. Has been convicted of a felony violation and has not had
  246  his or her right to vote restored.
  247         2.Is not a citizen of the United States.
  248         3.Is not a resident of this state.
  249         (b) A citizen may challenge a petition circulator’s
  250  registration under this section by filing a petition in circuit
  251  court. If the court finds that the respondent is not a
  252  registered petition circulator, the court may enjoin the
  253  respondent from collecting signatures or initiative petitions
  254  for compensation until she or he is lawfully registered.
  255         (c)(4) An application for registration must be submitted in
  256  the format required by the Secretary of State and must include
  257  the following:
  258         1.(a) The information required to be on the petition form
  259  under s. 101.161, including the ballot summary and title as
  260  received approved by the Secretary of State.
  261         2.(b) The applicant’s name, permanent address, temporary
  262  address, if applicable, and date of birth, Florida driver
  263  license or Florida identification card number, and the last four
  264  digits of his or her social security number.
  265         3.(c) An address in this state at which the applicant will
  266  accept service of process related to disputes concerning the
  267  petition process, if the applicant is not a resident of this
  268  state.
  269         4.(d) A statement that the applicant consents to the
  270  jurisdiction of the courts of this state in resolving disputes
  271  concerning the petition process.
  272         5.(e) Any information required by the Secretary of State to
  273  verify the applicant’s identity or address.
  274         6.Whether the applicant has been convicted of a felony
  275  violation and has not had his or her right to vote restored, by
  276  including the statement, “I affirm that I am not a convicted
  277  felon, or, if I am, my right to vote has been restored,” and
  278  providing a box for the applicant to check to affirm the
  279  statement.
  280         7.Whether the applicant is a citizen of the United States,
  281  by asking the question, “Are you a citizen of the United States
  282  of America?” and providing boxes for the applicant to check
  283  whether the applicant is or is not a citizen of the United
  284  States.
  285         8.Whether the applicant is a Florida resident by asking
  286  the question, “Are you a resident of the state of Florida?” and
  287  providing boxes for the applicant to check whether the applicant
  288  is or is not a resident of the state of Florida.
  289         9.The signature of the applicant under penalty of perjury
  290  for false swearing pursuant to s. 104.011, by which the
  291  applicant swears or affirms that the information contained in
  292  the application is true.
  293         (d)A citizen may challenge a petition circulator’s
  294  registration under this section by filing a petition in circuit
  295  court. If the court finds that the respondent is not a
  296  registered petition circulator, the court may enjoin the
  297  respondent from collecting signatures or initiative petitions
  298  until he or she is lawfully registered.
  299         (e)The division may revoke a petition circulator’s
  300  registration upon the written request of the sponsor of the
  301  initiative petition or if the circulator violates this section.
  302         (f)A person may not register to collect signatures or
  303  initiative petitions until he or she has completed the training
  304  concerning the requirements for petition circulators. The
  305  training must be developed by the division and must be in an
  306  electronic format available on the division’s public website.
  307  The training must, at a minimum, include the following:
  308         1.An overview of the petition-gathering process.
  309         2.An overview of the petition circulator registration
  310  requirements.
  311         3.An explanation that the sponsor of an initiative
  312  amendment serves as a fiduciary to each voter who signs a
  313  petition.
  314         4.An explanation that the Florida Election Code prohibits
  315  compensation or provision of any benefit based on the number of
  316  petition forms gathered or the time within which a number of
  317  petition forms are gathered.
  318         5.The specific criminal penalties to which a petition
  319  circulator may be subject for violating the Florida Election
  320  Code.
  321         (g)The sponsor of the initiative amendment is liable for a
  322  fine in the amount of $50,000 for each person the sponsor
  323  knowingly allows to collect petition forms on behalf of the
  324  sponsor in violation of this subsection.
  325         (5) A sponsor may not compensate a petition circulator
  326  based on the number of petition forms gathered or the time
  327  within which a number of petition forms are gathered. This
  328  prohibition includes, but is not limited to, paying a specified
  329  amount per petition form gathered, basing an hourly rate on the
  330  number of petition forms gathered over a specified period of
  331  time, or providing any other benefit or form of compensation
  332  based on the number of petition forms gathered. All petitions
  333  collected by a petition circulator must contain, in a format
  334  required by the Secretary of State, a completed Petition
  335  Circulator’s Affidavit which includes:
  336         (a) The circulator’s name and permanent address;
  337         (b) The following statement, which must be signed by the
  338  circulator:
  339  
  340         By my signature below, as petition circulator, I
  341         verify that the petition was signed in my presence.
  342         Under penalties of perjury, I declare that I have read
  343         the foregoing Petition Circulator’s Affidavit and the
  344         facts stated in it are true.
  345  
  346         (6) The division or the supervisor of elections shall make
  347  hard copy petition forms or electronic portable document format
  348  petition forms available to registered petition circulators. All
  349  such forms must contain information identifying the petition
  350  circulator to whom which the forms are provided. The division
  351  shall maintain a database of all registered petition circulators
  352  and the petition forms assigned to each. Each supervisor of
  353  elections shall provide to the division information on petition
  354  forms assigned to and received from petition circulators. The
  355  information must be provided in a format and at times as
  356  required by the division by rule. The division must update
  357  information on petition forms daily and make the information
  358  publicly available.
  359         (7)(a) A sponsor that collects petition forms or uses a
  360  petition circulator to collect petition forms serves as a
  361  fiduciary to the voter elector signing the petition form and
  362  shall ensure, ensuring that any petition form entrusted to the
  363  sponsor or petition circulator is shall be promptly delivered to
  364  the supervisor of elections in the county in which the voter
  365  resides within 10 30 days after the voter elector signs the
  366  form. If a petition form collected by the sponsor or any
  367  petition circulator is not promptly delivered to the supervisor
  368  of elections, the sponsor is liable for the following fines:
  369         1. A fine in the amount of $50 per each day late for each
  370  petition form received by the supervisor of elections in the
  371  county in which the voter resides more than 10 30 days after the
  372  voter elector signed the petition form or the next business day,
  373  if the office is closed. A fine in the amount of $2,500 $250 for
  374  each petition form received if the sponsor or petition
  375  circulator acted willfully.
  376         2. A fine in the amount of $100 per each day late, up to a
  377  maximum of $5,000, for each petition form collected by a sponsor
  378  or a petition circulator, signed by a voter on or before
  379  February 1 of the year the general election is held and received
  380  by the supervisor of elections in the county in which the voter
  381  resides after the deadline for such election. A fine in the
  382  amount of $5,000 for each such petition form received if the
  383  sponsor or petition circulator acted willfully.
  384         3. A fine in the amount of $500 for each petition form
  385  collected by a petition circulator which is not submitted to the
  386  supervisor of elections in the county in which the voter
  387  resides. A fine in the amount of $5,000 $1,000 for any petition
  388  form not so submitted if the sponsor or petition circulator
  389  acting on its behalf acted willfully.
  390         (b) A showing by the sponsor that the failure to deliver
  391  the petition form within the required timeframe is based upon
  392  force majeure or impossibility of performance is an affirmative
  393  defense to a violation of this subsection. The fines described
  394  in this subsection may be waived upon a showing that the failure
  395  to deliver the petition form promptly is based upon force
  396  majeure or impossibility of performance.
  397         (8)If a person collecting petition forms on behalf of a
  398  sponsor of an initiative petition signs another person’s name or
  399  a fictitious name to any petition, or fills in missing
  400  information on a signed petition, to secure a ballot position in
  401  violation of s. 104.185(2), the sponsor of the initiative
  402  petition is liable for a fine in the amount of $5,000 for each
  403  such petition.
  404         (9)If a person collecting petition forms on behalf of a
  405  sponsor of an initiative petition copies or retains a voter’s
  406  personal information, such as the voter’s Florida driver license
  407  number, Florida identification card number, social security
  408  number, or signature, for any reason other than to provide such
  409  information to the sponsor of the initiative petition, the
  410  person commits a felony of the third degree, punishable as
  411  provided in s. 775.082, s. 775.083, or s. 775.084.
  412         (10)A sponsor of an initiative petition or a person
  413  collecting petition forms on behalf of a sponsor of an
  414  initiative petition may not mail or otherwise provide a petition
  415  form upon which any information about a voter has been filled in
  416  before it is provided to the voter. The sponsor of an initiative
  417  petition is liable for a fine in the amount of $50 for each
  418  petition form that is a violation of this subsection.
  419         (11)(8) If the Secretary of State reasonably believes that
  420  a person or entity has committed a violation of this section,
  421  the secretary may refer the matter to the Attorney General for
  422  enforcement. The Attorney General may institute a civil action
  423  for a violation of this section or to prevent a violation of
  424  this section. An action for relief may include a permanent or
  425  temporary injunction, a restraining order, or any other
  426  appropriate order. If the sponsor of an initiative petition
  427  discovers a violation of this section and reports the violation
  428  as soon as practicable to the secretary, the sponsor may not be
  429  fined for such violation.
  430         (12)(9) The division shall adopt by rule a complaint form
  431  for a voter an elector who claims to have had his or her
  432  signature misrepresented, forged, or not delivered to the
  433  supervisor. The division shall also adopt rules to ensure the
  434  integrity of the petition form gathering process, including
  435  rules requiring sponsors to account for all petition forms used
  436  by their agents. Such rules may require a sponsor or petition
  437  circulator to provide identification information on each
  438  petition form as determined by the department as needed to
  439  assist in the accounting of petition forms.
  440         (13)(10) The date on which a voter an elector signs a
  441  petition form is presumed to be the date on which the petition
  442  circulator received or collected the petition form.
  443         (14)(a)(11)(a) An initiative petition form circulated for
  444  signature may not be bundled with or attached to any other
  445  petition. Each signature shall be dated when made and shall be
  446  valid until the next February 1 occurring in an even-numbered
  447  year for the purpose of the amendment appearing on the ballot
  448  for the general election occurring in that same year, provided
  449  all other requirements of law are met. The sponsor shall submit
  450  signed and dated forms to the supervisor of elections for the
  451  county of residence listed by the person signing the form for
  452  verification of the number of valid signatures obtained.
  453         (b)The supervisor shall record the date each submitted
  454  petition is received. If a signature on a petition is from a
  455  registered voter in another county, the supervisor must shall
  456  notify the petition sponsor and the division of the misfiled
  457  petition. The supervisor shall promptly verify the signatures
  458  within 60 days after receipt of the petition forms and payment
  459  and processing of a fee for the actual cost of signature
  460  verification incurred by the supervisor. However, for petition
  461  forms submitted less than 60 days before February 1 of an even
  462  numbered year, the supervisor shall promptly verify the
  463  signatures within 30 days after receipt of the form and payment
  464  of the fee for signature verification.
  465         (c)Beginning July 1, 2025, the supervisor shall promptly
  466  record, in the manner prescribed by the Secretary of State, the
  467  date each form is received by the supervisor, and the date the
  468  signature on the form is verified as valid. The supervisor may
  469  verify that the signature on a form is valid only if:
  470         1. The form contains the original signature of the
  471  purported voter elector.
  472         2. The purported voter elector has accurately recorded on
  473  the form the date on which he or she signed the form.
  474         3. The form sets forth the purported voter’s: elector’s
  475         a.Full name;,
  476         b. Address and, city, county of residence;, and
  477         c. Voter registration number or date of birth; and
  478         d.Florida driver license or Florida identification card
  479  number issued pursuant to s. 322.051 or the last four digits of
  480  the voter’s social security number.
  481         4. The purported voter elector is, at the time he or she
  482  signs the form and at the time the form is verified, a duly
  483  qualified and registered voter elector in the state.
  484         5. The signature was obtained legally, including that if a
  485  paid petition circulator was used, the circulator was validly
  486  registered under subsection (4) (3) when the signature was
  487  obtained.
  488  
  489  The supervisor shall retain all signature forms, separating
  490  forms verified as valid from those deemed invalid, for at least
  491  1 year following the election for which the petition was
  492  circulated.
  493         (d)1.(b)On the last day of each month, or on the last day
  494  of each week from December 1 of an odd-numbered year through
  495  February 1 of the following year, each supervisor shall
  496  electronically transmit all received petition forms to the
  497  division. The digital images of the scanned petition forms must
  498  be of high enough quality that division personnel are able to
  499  accurately discern elements contained in such forms. Forms must
  500  be identified as valid or as invalid.
  501         2.Each supervisor shall retain all petition forms,
  502  identifying forms verified as valid from those deemed invalid,
  503  until all petition forms have been processed following the
  504  February 1 deadline. As soon as practicable following the
  505  processing of the last timely submitted petition form, but not
  506  later than March 15 following the February 1 deadline, the
  507  supervisor shall deliver the physical forms to the division. The
  508  division shall retain all petition forms for 1 year following
  509  the election for which the petition was circulated.
  510         (e)Beginning October 1, 2025, when the signature on the
  511  petition form is verified as valid, the supervisor shall, as
  512  soon as practicable, notify the voter by mail at the mailing
  513  address on file in the Florida Voter Registration System.
  514         1. Such notice must be sent by forwardable mail with a
  515  postage prepaid preaddressed form, which may be returned to the
  516  Office of Election Crimes and Security. The notice must include
  517  contact information for the Office of Election Crimes and
  518  Security, including the telephone number, fax number, mailing
  519  address, and e-mail address. The notice must include all of the
  520  following statements or information in substantially the
  521  following form:
  522  
  523                               NOTICE                              
  524  
  525         A petition to place a proposed constitutional
  526         amendment on the ballot for the next general election,
  527         bearing your name and signature, has been received and
  528         verified by the Supervisor of Elections Office in ...
  529         (insert county)....
  530  
  531         The petition is for ...(insert the petition serial
  532         number and ballot title)... and was signed on
  533         ...(insert the date the voter signed the petition)....
  534  
  535         Check this box ☐, sign, and return this notice to the
  536         Office of Election Crimes and Security if you believe
  537         your signature has been misrepresented or forged on a
  538         petition. The petition form in question will be
  539         invalidated and will not be counted toward the number
  540         of signatures required to place this proposed
  541         constitutional amendment on the ballot.
  542  
  543         A notice being returned must be received by the Office
  544         of Election Crimes and Security on or before February
  545         1 ... (insert the year in which the general election
  546         is held)....
  547  
  548         ...(Insert the voter’s Florida voter registration
  549         number, and if applicable, the petition circulator’s
  550         number)....
  551  
  552         By signing below, I swear or affirm that my signature
  553         was misrepresented or forged on the petition form
  554         indicated in this notice.
  555  
  556         ...(Voter’s Signature)... ...(Date)...
  557  
  558         This notice becomes a public record upon receipt by
  559         the Office of Election Crimes and Security. It is a
  560         second degree misdemeanor, punishable as provided in
  561         s. 775.082, Florida Statutes, or s. 772.083, Florida
  562         Statutes, for a person to knowingly make a false
  563         official statement pursuant to s. 837.06, Florida
  564         Statutes.
  565  
  566         2.Upon receiving a completed notice, the Office of
  567  Election Crimes and Security shall transmit a copy of such
  568  notices to the division. The division shall deem the voter’s
  569  petition form invalid.
  570         (f) Each supervisor shall post the actual cost of signature
  571  verification for petition forms received more than 60 days
  572  before February 1 of an even-numbered year and for petition
  573  forms received less than 60 days before February 1 of an even
  574  numbered year on his or her website, and may increase such cost,
  575  as necessary, annually on March 1 February 2 of each even
  576  numbered year. These costs include operating and personnel costs
  577  associated with comparing signatures, printing and all postage
  578  costs related to the verification notice required by paragraph
  579  (e), and transmitting petition forms to the division. The
  580  division shall also publish each county’s current cost on its
  581  website. The division and each supervisor shall biennially
  582  review available technology aimed at reducing verification
  583  costs.
  584         (g)(c) On the last day of each month, or on the last day of
  585  each week from December 1 of an odd-numbered year through
  586  February 1 of the following year, each supervisor shall post on
  587  his or her website the total number of signatures submitted, the
  588  total number of invalid signatures, the total number of
  589  signatures processed, and the aggregate number of verified valid
  590  signatures and the distribution of such signatures by
  591  congressional district for each proposed amendment proposed by
  592  initiative, along with the following information specific to the
  593  reporting period: the total number of signed petition forms
  594  received, the total number of signatures verified, the
  595  distribution of verified valid signatures by congressional
  596  district, and the total number of verified petition forms
  597  forwarded to the Secretary of State. For any reporting period in
  598  which the percentage of petition forms deemed invalid by the
  599  supervisor exceeds a total of 25 percent of the petition forms
  600  received by the supervisor for that reporting period, the
  601  supervisor shall notify the Office of Election Crimes and
  602  Security. The Office of Election Crimes and Security shall
  603  conduct a preliminary investigation into the activities of the
  604  sponsor, one or more petition circulators, or a person
  605  collecting petition forms on behalf of a sponsor, to determine
  606  whether the invalidated petitions are a result of fraud or any
  607  other violation of this section. As authorized by ss. 97.012(15)
  608  and 97.022(1), the Office of Elections Crimes and Security may,
  609  if warranted, report findings to the statewide prosecutor or the
  610  state attorney for the judicial circuit in which the alleged
  611  violation occurred for prosecution.
  612         (h)A signed petition form submitted by an ineligible or
  613  unregistered petition circulator must be invalidated and may not
  614  be counted toward the number of necessary signatures for
  615  placement on the ballot.
  616         (15)(12) The Secretary of State shall determine from the
  617  signatures verified by the supervisors of elections the total
  618  number of verified valid signatures, less any signatures that
  619  were invalidated pursuant to subsection (14), and the
  620  distribution of such signatures by congressional districts, and
  621  the division shall post such information on its website at the
  622  same intervals specified in paragraph (14)(g) (11)(c). Upon a
  623  determination that the requisite number and distribution of
  624  valid signatures have been obtained, the secretary shall issue a
  625  certificate of ballot position for that proposed amendment and
  626  shall assign a designating number pursuant to s. 101.161. The
  627  secretary must rescind the certificate of ballot position if an
  628  advisory opinion issued by the Supreme Court pursuant to s.
  629  16.061(1) deems the initiative petition invalid.
  630         (16)(a)(13)(a)Upon receipt of a proposed revision or
  631  amendment from the Secretary of State, the coordinator of the
  632  Office of Economic and Demographic Research shall contact the
  633  person identified as the sponsor to request an official list of
  634  all persons authorized to speak on behalf of the named sponsor
  635  and, if there is one, the sponsoring organization at meetings
  636  held by the Financial Impact Estimating Conference. All other
  637  persons must be deemed interested parties or proponents or
  638  opponents of the initiative. The Financial Impact Estimating
  639  Conference shall provide an opportunity for any representative
  640  of the sponsor, interested parties, and proponents or opponents
  641  of the initiative to submit information and may solicit
  642  information or analysis from any other entities or agencies,
  643  including the Office of Economic and Demographic Research At the
  644  same time the Secretary of State submits an initiative petition
  645  to the Attorney General pursuant to s. 15.21, the secretary
  646  shall submit a copy of the initiative petition to the Financial
  647  Impact Estimating Conference.
  648         (b) Within 75 days after receipt of a proposed revision or
  649  amendment to the State Constitution by initiative petition from
  650  the Secretary of State, the Financial Impact Estimating
  651  Conference shall complete an analysis and financial impact
  652  statement to be placed on the ballot of the estimated increase
  653  or decrease in any revenues or costs to state or local
  654  governments and the overall impact to the state budget resulting
  655  from the proposed initiative. The 75-day time limit is tolled
  656  when the Legislature is in session. The Financial Impact
  657  Estimating Conference shall submit the financial impact
  658  statement to the Attorney General and Secretary of State. If the
  659  initiative petition has been submitted to the Financial Impact
  660  Estimating Conference but the validity of signatures has expired
  661  and the initiative petition no longer qualifies for ballot
  662  placement at the ensuing general election, the Secretary of
  663  State must notify the Financial Impact Estimating Conference.
  664  The Financial Impact Estimating Conference does is not required
  665  to complete an analysis and financial impact statement for an
  666  initiative petition that fails to meet the requirements of
  667  subsection (1) for placement on the ballot before the 75-day
  668  time limit, including any tolling period, expires, the ballot
  669  must include the statement required by s. 101.161(1)(e). The
  670  initiative petition may be resubmitted to the Financial Impact
  671  Estimating Conference if the initiative petition meets the
  672  requisite criteria for a subsequent general election cycle. A
  673  new Financial Impact Estimating Conference shall be established
  674  at such time as the initiative petition again satisfies the
  675  criteria in s. 15.21(1).
  676         (b) Immediately upon receipt of a proposed revision or
  677  amendment from the Secretary of State, the coordinator of the
  678  Office of Economic and Demographic Research shall contact the
  679  person identified as the sponsor to request an official list of
  680  all persons authorized to speak on behalf of the named sponsor
  681  and, if there is one, the sponsoring organization at meetings
  682  held by the Financial Impact Estimating Conference. All other
  683  persons shall be deemed interested parties or proponents or
  684  opponents of the initiative. The Financial Impact Estimating
  685  Conference shall provide an opportunity for any representatives
  686  of the sponsor, interested parties, proponents, or opponents of
  687  the initiative to submit information and may solicit information
  688  or analysis from any other entities or agencies, including the
  689  Office of Economic and Demographic Research.
  690         (c) The Financial Impact Estimating Conference may be
  691  convened only by the President of the Senate and the Speaker of
  692  the House of Representatives, jointly. All meetings of the
  693  Financial Impact Estimating Conference shall be open to the
  694  public. The President of the Senate and the Speaker of the House
  695  of Representatives, jointly, shall be the sole judge for the
  696  interpretation, implementation, and enforcement of this
  697  subsection.
  698         1. The Financial Impact Estimating Conference is
  699  established to review, analyze, and estimate the financial
  700  impact of amendments to or revisions of the State Constitution
  701  proposed by initiative. The Financial Impact Estimating
  702  Conference shall be composed consist of four principals: one
  703  person from the professional staff of the Executive Office of
  704  the Governor or from a state agency, designated by the Governor;
  705  the coordinator of the Office of Economic and Demographic
  706  Research, or his or her designee; one person from the
  707  professional staff of the Senate, designated by the President of
  708  the Senate; and one person from the professional staff of the
  709  House of Representatives, designated by the Speaker of the House
  710  of Representatives. Each principal shall have appropriate fiscal
  711  expertise in the subject matter of the initiative. A Financial
  712  Impact Estimating Conference may be appointed for each
  713  initiative.
  714         2. Principals of the Financial Impact Estimating Conference
  715  shall reach a consensus or majority concurrence on a clear and
  716  unambiguous financial impact statement, no more than 150 words
  717  in length, and immediately submit the statement to the Attorney
  718  General. Nothing in this subsection prohibits the Financial
  719  Impact Estimating Conference from setting forth a range of
  720  potential impacts in the financial impact statement. Any
  721  financial impact statement that a court finds not to be in
  722  accordance with this section shall be remanded solely to the
  723  Financial Impact Estimating Conference for redrafting. The
  724  Financial Impact Estimating Conference shall redraft the
  725  financial impact statement within 15 days.
  726         3. If the Supreme Court has rejected the initial submission
  727  by the Financial Impact Estimating Conference and no redraft has
  728  been approved by the Supreme Court by 5 p.m. on the 75th day
  729  before the election, the following statement shall appear on the
  730  ballot: “The impact of this measure, if any, has not been
  731  determined at this time.”
  732         (d) The financial impact statement must be separately
  733  contained on the petition form and the ballot and be set forth
  734  after the ballot summary as required in s. 101.161(1).
  735         1. If the financial impact statement projects a net
  736  negative impact on the state budget, the ballot must include the
  737  statement required by s. 101.161(1)(b).
  738         2. If the financial impact statement projects a net
  739  positive impact on the state budget, the ballot must include the
  740  statement required by s. 101.161(1)(c).
  741         3. If the financial impact statement estimates an
  742  indeterminate financial impact or if the members of the
  743  Financial Impact Estimating Conference are unable to agree on
  744  the statement required by this subsection, the ballot must
  745  include the statement required by s. 101.161(1)(d).
  746         4.If the financial impact statement was not produced or if
  747  the Financial Impact Estimating Conference did not meet to
  748  produce the financial statement, the ballot must include the
  749  statement required by s. 101.161(1)(e).
  750         (e)1. Any financial impact statement that the Supreme Court
  751  finds not to be in accordance with this subsection shall be
  752  remanded solely to the Financial Impact Estimating Conference
  753  for redrafting, provided the court’s advisory opinion is
  754  rendered at least 75 days before the election at which the
  755  question of ratifying the amendment will be presented. The
  756  Financial Impact Estimating Conference shall prepare and adopt a
  757  revised financial impact statement no later than 5 p.m. on the
  758  15th day after the date of the court’s opinion. The sponsor of
  759  the initiative must refile the petition with the revised
  760  financial impact statement with the Secretary of State as a new
  761  petition.
  762         2. If, by 5 p.m. on the 75th day before the election, the
  763  Supreme Court has not issued an advisory opinion on the initial
  764  financial impact statement prepared by the Financial Impact
  765  Estimating Conference for an initiative amendment that otherwise
  766  meets the legal requirements for ballot placement, the financial
  767  impact statement shall be deemed approved for placement on the
  768  ballot.
  769         (f)3. In addition to the financial impact statement
  770  required by this subsection, the Financial Impact Estimating
  771  Conference shall draft an initiative financial information
  772  statement. The initiative financial information statement should
  773  describe in greater detail than the financial impact statement
  774  any projected increase or decrease in revenues or costs that the
  775  state or local governments would likely experience if the ballot
  776  measure were approved. If appropriate, the initiative financial
  777  information statement may include both estimated dollar amounts
  778  and a description placing the estimated dollar amounts into
  779  context. The initiative financial information statement must
  780  include both a summary of not more than 500 words and additional
  781  detailed information that includes the assumptions that were
  782  made to develop the financial impacts, workpapers, and any other
  783  information deemed relevant by the Financial Impact Estimating
  784  Conference.
  785         (g)4. The Department of State shall have printed, and shall
  786  furnish to each supervisor of elections, a copy of the summary
  787  from the initiative financial information statements. The
  788  supervisors shall have the summary from the initiative financial
  789  information statements available at each polling place and at
  790  the main office of the supervisor of elections upon request.
  791         (h)5. The Secretary of State and the Office of Economic and
  792  Demographic Research shall make available on the Internet each
  793  initiative financial information statement in its entirety. In
  794  addition, each supervisor of elections whose office has a
  795  website shall post the summary from each initiative financial
  796  information statement on the website. Each supervisor shall
  797  include a copy of each summary from the initiative financial
  798  information statements and the Internet addresses for the
  799  information statements on the Secretary of State’s and the
  800  Office of Economic and Demographic Research’s websites in the
  801  publication or mailing required by s. 101.20.
  802         (17)(14) The Department of State may adopt rules in
  803  accordance with s. 120.54 to implement this section carry out
  804  the provisions of subsections (1)-(14).
  805         (18)(15) No provision of this code shall be deemed to
  806  prohibit a private person exercising lawful control over
  807  privately owned property, including property held open to the
  808  public for the purposes of a commercial enterprise, from
  809  excluding from such property persons seeking to engage in
  810  activity supporting or opposing initiative amendments.
  811         Section 7. (1)By July 1, 2025, the Department of State
  812  shall update the forms as required by the amendments made to s.
  813  100.371(3), Florida Statutes, for any proposed amendments
  814  received before July 1, 2025.
  815         (2)(a)By June 1, 2025, the Department of State shall make
  816  available a new petition circulator application to incorporate
  817  the amendments made to s. 100.371(4), Florida Statutes.
  818         (b)1.Effective July 1, 2025, the registration of each
  819  petition circulator expires.
  820         2.No later than 7 days after this section becomes law, the
  821  Department of State shall notify each petition circulator that
  822  his or her registration expires on July 1, 2025, and that he or
  823  she may reregister by completing a new application that will be
  824  available before the current registration expires.
  825         (c)By June 1, 2025, the Department of State shall develop
  826  the training required by s. 100.371(4)(f), Florida Statutes.
  827         (3)No later than October 1, 2025, a supervisor of
  828  elections may increase the cost of signature verification
  829  pursuant to the amendments made to s. 100.371(14)(f), Florida
  830  Statutes. A supervisor shall post the cost of signature
  831  verification on his or her publicly available website as soon as
  832  such cost is determined.
  833         Section 8. Paragraph (a) of subsection (1) of section
  834  101.161, Florida Statutes, is amended, and paragraph (e) is
  835  added to that subsection, to read:
  836         101.161 Referenda; ballots.—
  837         (1) Whenever a constitutional amendment or other public
  838  measure is submitted to the vote of the people, a ballot summary
  839  of such amendment or other public measure shall be printed in
  840  clear and unambiguous language on the ballot after the list of
  841  candidates, followed by the word “yes” and also by the word
  842  “no,” and shall be styled in such a manner that a “yes” vote
  843  will indicate approval of the proposal and a “no” vote will
  844  indicate rejection. The ballot summary of the amendment or other
  845  public measure and the ballot title to appear on the ballot
  846  shall be embodied in the constitutional revision commission
  847  proposal, constitutional convention proposal, taxation and
  848  budget reform commission proposal, or enabling resolution or
  849  ordinance. The ballot summary of the amendment or other public
  850  measure shall be an explanatory statement, not exceeding 75
  851  words in length, of the chief purpose of the measure. In
  852  addition, for every constitutional amendment proposed by
  853  initiative, the ballot shall include, following the ballot
  854  summary, in the following order:
  855         (a) A separate financial impact statement concerning the
  856  measure prepared by the Financial Impact Estimating Conference
  857  in accordance with s. 100.371(16) s. 100.371(13).
  858         (e)If the financial impact statement was not produced or
  859  if the Financial Impact Estimating Conference did not meet to
  860  produce the financial impact statement, the following statement
  861  in bold print:
  862  
  863         THE FINANCIAL IMPACT OF THIS AMENDMENT, IF ANY, HAS
  864         NOT BEEN DETERMINED AT THIS TIME.
  865  
  866  The ballot title shall consist of a caption, not exceeding 15
  867  words in length, by which the measure is commonly referred to or
  868  spoken of. This subsection does not apply to constitutional
  869  amendments or revisions proposed by joint resolution.
  870         Section 9. Subsection (2) of section 102.111, Florida
  871  Statutes, is amended to read:
  872         102.111 Elections Canvassing Commission.—
  873         (2) The Elections Canvassing Commission shall meet at 8
  874  a.m. on the 9th day after a primary election and at 8 a.m. on
  875  the 14th day after a general election to certify the returns of
  876  the election for each federal, state, and multicounty office and
  877  for each constitutional amendment. If a member of a county
  878  canvassing board that was constituted pursuant to s. 102.141
  879  determines, within 5 days after the certification by the
  880  Elections Canvassing Commission, that a typographical error
  881  occurred in the official returns of the county, the correction
  882  of which could result in a change in the outcome of an election,
  883  the county canvassing board must certify corrected returns to
  884  the Department of State within 24 hours, and the Elections
  885  Canvassing Commission must correct and recertify the election
  886  returns as soon as practicable.
  887         Section 10. Section 102.121, Florida Statutes, is amended
  888  to read:
  889         102.121 Elections Canvassing Commission to issue
  890  certificates.—The Elections Canvassing Commission shall make and
  891  sign separate certificates of the result of the election for
  892  federal officers, and state officers, and constitutional
  893  amendments, which certificates must shall be written and contain
  894  the total number of votes cast for and against each person for
  895  each office and the total number of votes cast for and against
  896  each constitutional amendment. The certificates, the one
  897  including the result of the election for presidential electors
  898  and representatives to Congress, and the other including the
  899  result of the election for state officers, shall be recorded in
  900  the Department of State in a book to be kept for that purpose.
  901         Section 11. Subsections (1), (3), and (4) of section
  902  102.168, Florida Statutes, are amended to read:
  903         102.168 Contest of election.—
  904         (1) Except as provided in s. 102.171, the certification of
  905  election or nomination of any person to office, or of the
  906  adoption of a constitutional amendment or the result on any
  907  question submitted by referendum, may be contested in the
  908  circuit court by any unsuccessful candidate for such office or
  909  nomination thereto or by any voter elector qualified to vote in
  910  the election related to such candidacy or constitutional
  911  amendment, or by any taxpayer, respectively.
  912         (3) The complaint must shall set forth the grounds on which
  913  the contestant intends to establish his or her right to such
  914  office; or set aside the result of the election on a submitted
  915  referendum or constitutional amendment. The grounds for
  916  contesting an election or a constitutional amendment under this
  917  section are:
  918         (a) Misconduct, fraud, or corruption on the part of any
  919  election official or any member of the canvassing board
  920  sufficient to change or place in doubt the result of the
  921  election.
  922         (b) Ineligibility of the successful candidate for the
  923  nomination or office in dispute or of the proposed
  924  constitutional amendment for placement on the ballot.
  925         (c) Receipt of a number of illegal votes or rejection of a
  926  number of legal votes sufficient to change or place in doubt the
  927  result of the election.
  928         (d) Proof that any voter elector, election official, or
  929  canvassing board member was given or offered a bribe or reward
  930  in money, property, or any other thing of value for the purpose
  931  of procuring the successful candidate’s nomination or election
  932  or determining the result on any question submitted by
  933  referendum or constitutional amendment.
  934         (4) The canvassing board responsible for canvassing the
  935  election is an indispensable party defendant in county and local
  936  elections. The Elections Canvassing Commission is an
  937  indispensable party defendant in federal, state, and multicounty
  938  elections, in elections for constitutional amendments, and in
  939  elections for justice of the Supreme Court, judge of a district
  940  court of appeal, and judge of a circuit court. The successful
  941  candidate is an indispensable party to any action brought to
  942  contest the election or nomination of a candidate. The sponsor
  943  of a constitutional amendment proposed by initiative petition,
  944  identified pursuant to s. 100.371, is an indispensable party to
  945  any action brought to contest such election.
  946         Section 12. Subsection (2) of section 104.185, Florida
  947  Statutes, is amended to read:
  948         104.185 Petitions; knowingly signing more than once;
  949  signing another person’s name or a fictitious name.—
  950         (2) A person who signs another person’s name or a
  951  fictitious name to any petition, or who fills in missing
  952  information on a signed petition, to secure ballot position for
  953  a candidate, a minor political party, or an issue commits a
  954  felony of the third degree, punishable as provided in s.
  955  775.082, s. 775.083, or s. 775.084.
  956         Section 13. Section 104.186, Florida Statutes, is amended
  957  to read:
  958         104.186 Initiative petitions; violations.—A person who
  959  compensates a petition circulator as defined in s. 97.021 based
  960  on the number of petition forms gathered, as prohibited by s.
  961  100.371(5), commits a felony of the third degree, punishable as
  962  provided in s. 775.082, s. 775.083, or s. 775.084. This section
  963  does not prohibit employment relationships that do not base
  964  payment on the number of signatures collected.
  965         Section 14. Section 104.187, Florida Statutes, is amended
  966  to read:
  967         104.187 Initiative petitions; registration.—A person who
  968  violates s. 100.371(4)(a) s. 100.371(3) commits a misdemeanor of
  969  the second degree, punishable as provided in s. 775.082 or s.
  970  775.083.
  971         Section 15. Effective July 1, 2025, section 104.188,
  972  Florida Statutes, is created to read:
  973         104.188 Petition forms gathered from immediate family;
  974  violations.—
  975         (1)For the purposes of this section, the term “immediate
  976  family” means a person’s spouse or the parent, child,
  977  grandparent, grandchild, or sibling of the person or the
  978  person’s spouse.
  979         (2)A person who collects, delivers, or otherwise
  980  physically possesses more than five signed petition forms in
  981  addition to his or her own signed petition form or a signed
  982  petition form belonging to an immediate family member, and who
  983  is not registered as a petition circulator pursuant to s.
  984  100.371(4)(a), commits a felony of the third degree, punishable
  985  as provided in s. 775.082, s. 775.083, or s. 775.084.
  986         (3)This section may not be construed to prohibit a person
  987  from distributing petition forms designed for personal use as
  988  described in s. 100.371(3)(e).
  989         Section 16. Section 106.151, Florida Statutes, is created
  990  to read:
  991         106.151 Use of public funds prohibited.—
  992         (1)As used in this section, the term “public funds” means
  993  all moneys under the jurisdiction or control of the state
  994  government.
  995         (2)The state government or any person acting on behalf of
  996  the state government may not expend or authorize the expenditure
  997  of, and a person or group may not accept, public funds for a
  998  political advertisement or any other communication sent to
  999  electors concerning any proposed constitutional amendment or
 1000  revision that is subject to a vote of the electors. This
 1001  subsection applies to a communication initiated by the state
 1002  government or a person acting on behalf of the state government,
 1003  irrespective of whether the communication is limited to factual
 1004  information or advocates for the passage or defeat of a proposed
 1005  constitutional amendment or revision. This subsection does not
 1006  preclude the state government or a person acting on behalf of
 1007  the state government from reporting on official actions of the
 1008  state government in an accurate, fair, and impartial manner;
 1009  posting factual information on a government website or in
 1010  printed materials; hosting and providing information at a public
 1011  forum; providing factual information in response to an inquiry;
 1012  or providing information as otherwise authorized or required by
 1013  law.
 1014         (3)With the exception of the prohibitions specified in
 1015  subsection (2), this section does not preclude an elected
 1016  official of the state government from expressing an opinion on
 1017  any issue at any time.
 1018         Section 17. Subsection (3) of section 106.19, Florida
 1019  Statutes, is amended to read:
 1020         106.19 Violations by candidates, persons connected with
 1021  campaigns, and political committees.—
 1022         (3) A political committee sponsoring a constitutional
 1023  amendment proposed by initiative which submits a petition form
 1024  gathered by a paid petition circulator which does not provide
 1025  the name and address of the paid petition circulator on the form
 1026  is subject to the civil penalties prescribed in s. 106.265.
 1027         Section 18. Paragraph (c) of subsection (1) of section
 1028  212.055, Florida Statutes, is amended to read:
 1029         212.055 Discretionary sales surtaxes; legislative intent;
 1030  authorization and use of proceeds.—It is the legislative intent
 1031  that any authorization for imposition of a discretionary sales
 1032  surtax shall be published in the Florida Statutes as a
 1033  subsection of this section, irrespective of the duration of the
 1034  levy. Each enactment shall specify the types of counties
 1035  authorized to levy; the rate or rates which may be imposed; the
 1036  maximum length of time the surtax may be imposed, if any; the
 1037  procedure which must be followed to secure voter approval, if
 1038  required; the purpose for which the proceeds may be expended;
 1039  and such other requirements as the Legislature may provide.
 1040  Taxable transactions and administrative procedures shall be as
 1041  provided in s. 212.054.
 1042         (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
 1043  SURTAX.—
 1044         (c)1. The proposal to adopt a discretionary sales surtax as
 1045  provided in this subsection and to create a trust fund within
 1046  the county accounts must shall be placed on the ballot in
 1047  accordance with law and must be approved in a referendum held at
 1048  a general election in accordance with subsection (10).
 1049         2. If the proposal to adopt a surtax is by initiative, the
 1050  petition sponsor must, at least 180 days before the proposed
 1051  referendum, comply with all of the following:
 1052         a. Provide a copy of the final resolution or ordinance to
 1053  the Office of Program Policy Analysis and Government
 1054  Accountability. The Office of Program Policy Analysis and
 1055  Government Accountability shall procure a certified public
 1056  accountant in accordance with subsection (11) for the
 1057  performance audit.
 1058         b. File the initiative petition and its required valid
 1059  signatures with the supervisor of elections. The supervisor of
 1060  elections shall verify signatures and retain signature forms in
 1061  the same manner as required for initiatives under s. 100.371(14)
 1062  s. 100.371(11).
 1063         3. The failure of an initiative sponsor to comply with the
 1064  requirements of subparagraph 2. renders any referendum held
 1065  void.
 1066         Section 19. Paragraph (d) is added to subsection (8) of
 1067  section 895.02, Florida Statutes, to read:
 1068         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
 1069         (8) “Racketeering activity” means to commit, to attempt to
 1070  commit, to conspire to commit, or to solicit, coerce, or
 1071  intimidate another person to commit:
 1072         (d)A violation of the Florida Election Code relating to
 1073  irregularities or fraud involving issue petition activities.
 1074         Section 20. (1)To ensure uniformity and integrity in the
 1075  initiative process, a signed petition form may not be verified
 1076  between July 1, 2025, and September 30, 2025.
 1077         (2)A petition form gathered after July 1, 2025, must be
 1078  delivered as provided in this act to the appropriate entity. The
 1079  processing hold described in subsection (1) does not toll any
 1080  timeframe requirements that petition circulators are required to
 1081  meet and may not be used as a defense to any fine imposed for
 1082  the late submission of any petition forms to the appropriate
 1083  entity.
 1084         Section 21. Except as otherwise provided in this act, this
 1085  act shall take effect upon becoming a law.
 1086  
 1087  ================= T I T L E  A M E N D M E N T ================
 1088  And the title is amended as follows:
 1089         Delete everything before the enacting clause
 1090  and insert:
 1091                        A bill to be entitled                      
 1092         An act relating to amendments to the State
 1093         Constitution; providing legislative findings and
 1094         intent; amending s. 15.21, F.S.; requiring the
 1095         Secretary of State to have received the ballot summary
 1096         and the full text of the proposed revision or
 1097         amendment to the State Constitution from the sponsor
 1098         and to have received the financial impact statement
 1099         from the Financial Impact Estimating Conference before
 1100         submitting an initiative petition to the Attorney
 1101         General; conforming a cross-reference; amending s.
 1102         16.061, F.S.; revising the criteria that the Attorney
 1103         General uses when petitioning the Supreme Court for an
 1104         advisory opinion related to a proposed revision or
 1105         amendment to the State Constitution; requiring that a
 1106         copy of the petition form be provided to the sponsor
 1107         of the initiative petition; conforming a cross
 1108         reference; making a technical change; amending s.
 1109         97.021, F.S.; revising the definition of the term
 1110         “petition circulator”; reenacting and amending s.
 1111         99.097, F.S.; conforming a cross-reference; conforming
 1112         provisions to changes made by the act; amending s.
 1113         100.371, F.S.; requiring the sponsor of an initiative
 1114         petition to obtain a certain letter periodically;
 1115         providing that a failure to obtain such letter results
 1116         in the expiration of the initiative’s signatures and
 1117         disbanding of the sponsor’s political committee;
 1118         providing that certain initiative petition signatures
 1119         expire and that the sponsor’s political committee is
 1120         disbanded under specified conditions; providing that
 1121         such sponsor is not precluded from refiling the
 1122         proposed amendment as a new petition; prohibiting a
 1123         sponsor from sponsoring more than one initiative
 1124         amendment; requiring a sponsor to register as a
 1125         political committee and submit the ballot title,
 1126         ballot summary, article and section of the State
 1127         Constitution being amended, and full text of the
 1128         proposed amendment to the Secretary of State;
 1129         requiring that all information be available in
 1130         alternative formats upon request; requiring the
 1131         secretary to assign a petition number and submit a
 1132         copy of the proposed amendment to the Financial Impact
 1133         Estimating Conference for review, analysis, and a
 1134         certain estimate; requiring the Division of Elections
 1135         to publish the forms on which petition signatures must
 1136         be fixed; deleting a requirement that the secretary
 1137         adopt certain rules; providing requirements, which are
 1138         effective on a specified date, for the petition forms;
 1139         prohibiting persons, beginning on a specified date,
 1140         from collecting, delivering, or otherwise physically
 1141         possessing more than a specified number of signed
 1142         petition forms if they have not registered with the
 1143         Secretary of State as a petition circulator and have
 1144         not been issued a petition circulator number;
 1145         authorizing specified persons to collect signed
 1146         petitions forms from their immediate family under
 1147         specified circumstances; providing construction;
 1148         defining the term “immediate family”; prohibiting
 1149         certain persons from collecting signatures or
 1150         initiative petitions; requiring that applications for
 1151         registration include specified information;
 1152         authorizing citizens to challenge a petition
 1153         circulator’s registration by filing a petition in
 1154         circuit court; authorizing the court to enjoin the
 1155         petition circulator from collecting signatures or
 1156         petition forms until registered; authorizing the
 1157         division to revoke a petition circulator’s
 1158         registration under specified circumstances;
 1159         prohibiting persons from registering to collect
 1160         signatures or initiative petitions until they complete
 1161         a required training; providing the requirements for
 1162         such training; providing civil penalties for the
 1163         sponsors of initiative amendments that knowingly allow
 1164         persons to collect petition forms on their behalf and
 1165         violate specified provisions; prohibiting a sponsor
 1166         from compensating a petition circulator based on the
 1167         number of petition forms gathered or the time within
 1168         which such forms are gathered; providing construction;
 1169         requiring the division to make forms available to
 1170         registered petition circulators in a certain format;
 1171         deleting a requirement that supervisors of elections
 1172         provide the division information on petition forms
 1173         assigned to them; requiring sponsors to deliver forms
 1174         promptly to the supervisor of elections in the county
 1175         in which a voter resides within a specified timeframe
 1176         after the form is signed; revising the civil penalties
 1177         for failing to deliver forms within the prescribed
 1178         timeframes; providing civil penalties for the sponsors
 1179         of petitions if the person collecting petition forms
 1180         on behalf of the sponsor signs the name of another,
 1181         signs a fictitious name, or fills in missing
 1182         information on the signed petition form; providing
 1183         criminal penalties for persons who, while collecting
 1184         petition forms, copy or retain a voter’s personal
 1185         identifying information for a reason other than to
 1186         provide such information to the sponsor of an
 1187         initiative petition; providing civil penalties for
 1188         sponsors who mail or provide prefilled initiative
 1189         petitions; providing that sponsors that discover and
 1190         report a violation as soon as practicable may not be
 1191         fined for such violation; requiring the supervisor to
 1192         record the date a submitted petition is received;
 1193         requiring the supervisor to notify the division of any
 1194         misfiled petition; revising the conditions under which
 1195         a supervisor verifies signatures to include processing
 1196         of a certain fee; requiring supervisors, beginning on
 1197         a specified date, to promptly record, in a specified
 1198         manner, the date each form is received and the date
 1199         the form is verified as valid; revising the conditions
 1200         under which a supervisor may verify a signature on an
 1201         initiative petition form; requiring supervisors to
 1202         electronically transmit digital images, which must
 1203         meet a specified standard, of all received petition
 1204         forms to the division; requiring that such forms be
 1205         identified as valid or invalid; requiring supervisors
 1206         to retain all petition forms and identify those forms
 1207         verified as valid from those deemed invalid until such
 1208         forms are processed; requiring supervisors to deliver
 1209         physical forms to the division; requiring the division
 1210         to retain such forms for a specified timeframe;
 1211         requiring supervisors to send a notice, which may be
 1212         returned to the Office of Election Crimes and
 1213         Security, to voters after their signature is verified,
 1214         beginning on a specified date; providing requirements
 1215         for such notice; requiring the Office of Election
 1216         Crimes and Security to transmit copies of returned
 1217         notices, upon receipt, to the division; requiring the
 1218         division to deem the voter petition form invalid if a
 1219         completed notice is received; providing that
 1220         supervisors of elections are required to post on their
 1221         websites the actual costs of signature verification
 1222         for all petition forms, and that they may increase
 1223         such costs annually by a specified date; specifying
 1224         that such costs include costs related to certain
 1225         actions; requiring supervisors to notify the Office of
 1226         Election Crimes and Security under a specified
 1227         condition; requiring the office to conduct specified
 1228         preliminary investigations; authorizing the office to
 1229         report findings of such investigations to the
 1230         statewide prosecutor or a certain state attorney;
 1231         providing that a signed petition form submitted by an
 1232         ineligible or unregistered petition circulator must be
 1233         invalidated; revising information related to signature
 1234         verification which must be posted on the division’s
 1235         website; requiring the Secretary of State to rescind
 1236         the certificate of ballot position if an advisory
 1237         opinion from the Supreme Court deems the initiative
 1238         petition invalid; requiring the Financial Impact
 1239         Estimating Conference to submit the financial impact
 1240         statement to the Secretary of State; requiring that a
 1241         certain statement be included on the ballot if the
 1242         conference does not complete an analysis and financial
 1243         impact statement within a specified timeframe;
 1244         providing that only the President of the Senate and
 1245         the Speaker of the House of Representatives, jointly,
 1246         may convene the conference; revising the membership of
 1247         the conference; deleting a provision authorizing the
 1248         court to remand the financial impact statement to the
 1249         conference to be redrafted; requiring that such
 1250         statement appear on the petition form and ballot;
 1251         requiring a sponsor to refile a petition as a new
 1252         petition under certain circumstances; deleting a
 1253         provision that deems financial impact statements
 1254         approved for placement on the ballot under certain
 1255         circumstances; requiring the Department of State to
 1256         update petition forms by a specified date; requiring
 1257         the department to make the petition circulator
 1258         application available by a specified date; providing
 1259         that each petition circulator registration expires on
 1260         a specified date; requiring the department to notify
 1261         such petition circulators of the expiration of their
 1262         registration by a specified date; requiring the
 1263         department to develop a certain training within a
 1264         specified timeframe; authorizing supervisors of
 1265         elections to increase the costs of signature
 1266         verification before a specified date; requiring the
 1267         supervisors to post such cost on their publicly
 1268         available websites as soon as the cost is determined;
 1269         amending s. 101.161, F.S.; requiring that a certain
 1270         statement be included on the ballot if a financial
 1271         impact statement was not produced or the Financial
 1272         Impact Estimating Conference did not meet to produce
 1273         one; conforming a cross-reference; amending s.
 1274         102.111, F.S.; requiring the Elections Canvassing
 1275         Commission to certify the returns of constitutional
 1276         amendments; amending s. 102.121, F.S.; requiring the
 1277         commission to make and sign separate certificates for
 1278         constitutional amendments; providing requirements for
 1279         such certificates; amending s. 102.168, F.S.;
 1280         providing for standing to contest the adoption of a
 1281         constitutional amendment by any qualified voter or
 1282         taxpayer; revising the grounds on which such parties
 1283         may contest an election or a constitutional amendment;
 1284         providing that the commission and the sponsor of the
 1285         amendment are indispensable parties in any such
 1286         action; amending s. 104.185, F.S.; providing criminal
 1287         penalties for persons who fill in missing information
 1288         on a signed petition form to secure a ballot position
 1289         for a candidate, a minor political party, or an issue;
 1290         amending s. 104.186, F.S.; providing criminal
 1291         penalties for persons who compensate others based on
 1292         the number of petition forms gathered, as prohibited
 1293         by a specified section; amending s. 104.187, F.S.;
 1294         conforming a cross-reference; creating s. 104.188,
 1295         F.S.; defining the term “immediate family”; providing
 1296         criminal penalties for certain persons who collect,
 1297         deliver, or otherwise physically possess more than a
 1298         certain number of signed petition forms other than
 1299         their own or forms belonging to an immediate family
 1300         member; providing construction; creating s. 106.151,
 1301         F.S.; defining the term “public funds”; prohibiting an
 1302         entity of state government or a person acting on
 1303         behalf of such entity from expending or authorizing
 1304         the expenditure of public funds for political
 1305         advertisements or other communications sent to
 1306         electors concerning a proposed constitutional
 1307         amendment or revision; providing applicability;
 1308         providing construction; amending s. 106.19, F.S.;
 1309         providing that political committees sponsoring a
 1310         constitutional amendment are liable for specified
 1311         civil fines for submitting petition forms that do not
 1312         provide the name and address of the petition
 1313         circulator gathering such forms, regardless of whether
 1314         the petition circulator is paid; amending s. 212.055,
 1315         F.S.; conforming a cross-reference; amending s.
 1316         895.02, F.S.; revising the definition of the term
 1317         “racketeering activity” to provide criminal and civil
 1318         penalties for violations of the Florida Election Code
 1319         relating to irregularities or fraud involving issue
 1320         petition activities; prohibiting the verification of a
 1321         signed petition form for a specified timeframe;
 1322         providing construction; providing effective dates.
 1323  
 1324         WHEREAS, the Legislature and the Secretary of State, in
 1325  their official capacities, have the duty and obligation to
 1326  ensure ballot integrity and a valid election process, and
 1327         WHEREAS, ballot integrity is necessary to ensure the
 1328  effectiveness of the constitutionally provided initiative
 1329  process, and
 1330         WHEREAS, investigations conducted by the Office of Election
 1331  Crimes and Security have shown that agents of political
 1332  committees sponsoring initiative petitions engaged in illegal
 1333  and fraudulent activities while gathering petition signatures in
 1334  the lead-up to recent elections, and
 1335         WHEREAS, the evidence brought forward indicates numerous
 1336  instances of petition circulators being paid per signature,
 1337  signing petition forms on behalf of deceased individuals,
 1338  forging or misrepresenting voter signatures on petition forms,
 1339  using voters’ personal identifying information without consent,
 1340  committing perjury, and swearing false oaths, and
 1341         WHEREAS, compensating a petition circulator based on the
 1342  number of petition forms gathered is a violation of s. 104.186,
 1343  Florida Statutes; signing another person’s name, whether dead or
 1344  alive, or a fictitious name on a petition form is a violation of
 1345  s. 104.185(2), Florida Statutes; and perjury or swearing a false
 1346  oath is a violation of s. 837.02(1), Florida Statutes, and all
 1347  such violations are third degree felonies under Florida law, and
 1348         WHEREAS, fraudulently using another individual’s personal
 1349  identification without his or her consent is a violation of s.
 1350  817.568, Florida Statutes, and is, at minimum, a third degree
 1351  felony, and
 1352         WHEREAS, the fraudulent use of another individual’s
 1353  personal identifying information becomes a second degree felony
 1354  with a 3-year mandatory minimum prison sentence if the violation
 1355  involves the information of more than 10 but fewer than 20
 1356  persons, a 5-year mandatory minimum prison sentence if the
 1357  violation involves the information of more than 20 but fewer
 1358  than 30 persons, and a 10-year mandatory minimum prison sentence
 1359  if the violation involves the information of more than 30
 1360  persons, and
 1361         WHEREAS, despite the fiduciary duty prescribed by Florida
 1362  law, sponsors of initiative petitions have failed to cooperate
 1363  with investigations and have attempted to deflect responsibility
 1364  for the actions of petition circulators to contractors and
 1365  subcontractors, with the sponsors denying that they have custody
 1366  or control of documents requested by state officials, and
 1367         WHEREAS, sponsors, contractors, and petition circulators
 1368  have blatantly attempted to evade investigation by delegating
 1369  key aspects of petition activities to out-of-state entities, who
 1370  then subcontracted with other individuals who were even further
 1371  outside the reach of Florida authorities, and
 1372         WHEREAS, evidence provided to the Office of Election Crimes
 1373  and Security by supervisors of elections in several counties
 1374  showed that petition circulators submitted petition forms on
 1375  behalf of more than 50 deceased Floridians, and
 1376         WHEREAS, information provided to the Office of Election
 1377  Crimes and Security from multiple supervisors of elections and
 1378  individual Florida voters showed that petition circulators
 1379  committed perjury and swore false oaths by distributing petition
 1380  forms with pre-signed attestations to groups of unregistered
 1381  circulators, who then obtained signatures outside the registered
 1382  circulator’s presence, and
 1383         WHEREAS, investigations revealed that after petition forms
 1384  were signed and submitted by voters, petition circulators
 1385  tampered with the signed forms by using a website to obtain
 1386  missing personal identifying information, and then filled in the
 1387  incomplete petition forms, and
 1388         WHEREAS, investigations indicated that some otherwise valid
 1389  petition forms were obtained by fraud, with circulators
 1390  misleading prospective signatories by telling them that the
 1391  amendment did something other than what was described in the
 1392  ballot summary or amendment language, or not showing the
 1393  signatories what was on the ballot at all, and
 1394         WHEREAS, evidence showed that petition circulators were
 1395  able to obtain the four necessary elements of personal
 1396  identifying information required on petitions — name, address,
 1397  voter registration number or birthdate, and signature — using
 1398  publicly available data to commit identity theft and complete
 1399  dozens, hundreds, or even thousands of petitions without ever
 1400  actually circulating a petition, and
 1401         WHEREAS, the Office of Election Crimes and Security
 1402  received complaints from many Florida voters whose information
 1403  was fraudulently submitted on forms for at least four initiative
 1404  petitions circulated for inclusion in the 2024 General Election,
 1405  and
 1406         WHEREAS, many of those complaints arose because some
 1407  supervisors of elections notified a voter when a petition form
 1408  bearing his or her name was rejected, which prompted such voters
 1409  to contact the supervisor of elections or the Office of Election
 1410  Crimes and Security to report potential fraud, and
 1411         WHEREAS, Florida does not currently restrict eligibility of
 1412  persons to register as petition circulators, even in cases where
 1413  such persons are not United States citizens, reside in another
 1414  state, or have been convicted of a felony but have not had their
 1415  right to vote restored, and
 1416         WHEREAS, at least one sponsor of an initiative amendment
 1417  circulated during the 2024 General Election cycle settled a
 1418  complaint with the Office of Election Crimes and Security for
 1419  violations related to the petition process and agreed to pay
 1420  $164,000 in fines, and
 1421         WHEREAS, existing fines and penalties levied against
 1422  petition sponsors engaging in, encouraging, or, at the very
 1423  least, turning a blind eye to illegal activities related to the
 1424  petition process appear to be inadequate deterrents, and
 1425         WHEREAS, given its constitutional underpinnings, the right
 1426  to propose an initiative by petition is inherent and absolute,
 1427  but subject to reasonable regulations as necessary to ensure
 1428  ballot integrity and a valid election process, NOW, THEREFORE,