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,