Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS/HB 1205, 1st Eng.
Ì662550ÅÎ662550
LEGISLATIVE ACTION
Senate . House
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Floor: 2c/AD/2R .
04/30/2025 11:33 AM .
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Senator Bernard moved the following:
1 Senate Amendment to Substitute Amendment (570150) (with
2 title amendment)
3
4 Delete lines 81 - 982
5 and insert:
6 delivers, or otherwise physically possesses signed petition
7 forms for personal use only.
8 Section 5. Paragraphs (a) and (d) of subsection (4) of
9 section 99.097, Florida Statutes, are amended, and paragraph (b)
10 of subsection (1) of that section is reenacted, to read:
11 99.097 Verification of signatures on petitions.—
12 (1)
13 (b) Rules and guidelines for petition verification shall be
14 adopted by the Department of State. Rules and guidelines for a
15 random sample method of verification may include a requirement
16 that petitions bear an additional number of names and
17 signatures, not to exceed 15 percent of the names and signatures
18 otherwise required. If the petitions do not meet such criteria
19 or if the petitions are prescribed by s. 100.371, the use of the
20 random sample method of verification is not available to
21 supervisors.
22 (4)(a) The supervisor must be paid in advance the sum of 10
23 cents for each signature checked or the actual cost of checking
24 such signature, whichever is less, by the candidate or, in the
25 case of a petition to have a local issue placed on the ballot,
26 by the person or organization submitting the petition. In the
27 case of a petition to place a statewide issue on the ballot, the
28 person or organization submitting the petition must pay the
29 supervisor in advance the cost posted by the supervisor pursuant
30 to s. 100.371(14) s. 100.371(11) for the actual cost of checking
31 signatures to place a statewide issue on the ballot.
32 (d) Except as provided in s. 100.371(14)(d), petitions must
33 be retained by the supervisors for a period of 1 year following
34 the election for which the petitions were circulated.
35 Section 6. Section 100.371, Florida Statutes, is amended to
36 read:
37 100.371 Initiatives; procedure for placement on ballot.—
38 (1)(a) Constitutional amendments proposed by initiative
39 shall be placed on the ballot for the general election, provided
40 the initiative petition has been filed with the Secretary of
41 State no later than February 1 of the year the general election
42 is held. A petition shall be deemed to be filed with the
43 Secretary of State upon the date the secretary determines that
44 valid and verified petition forms have been signed by the
45 constitutionally required number and distribution of voters
46 electors under this code.
47 (b) A sponsor of an initiative petition must obtain, at
48 least every third election cycle, a letter pursuant to s.
49 15.21(1)(c). Failure to obtain such letter results in expiration
50 of the initiative petition’s signatures and disbanding of the
51 sponsor’s political committee.
52 (c) Initiative petition signatures expire and the sponsor’s
53 political committee is disbanded if a constitutional amendment
54 proposed by initiative submitted to the Secretary of State
55 before February 1, 2022, fails to obtain a letter pursuant to s.
56 15.21(1)(c) on or before February 1, 2026. This paragraph does
57 not preclude such a sponsor from refiling the proposed amendment
58 as a new petition.
59 (2) The sponsor of an initiative amendment may not sponsor
60 more than one amendment and must shall, before circulating any
61 petition forms prior to obtaining any signatures, register as a
62 political committee pursuant to s. 106.03 and submit the ballot
63 title, ballot summary, article and section of the State
64 Constitution being amended, and full text of the proposed
65 amendment to the Secretary of State. The proposed amendment and
66 all forms filed in connection with this section must, upon
67 request, be made available in alternative formats, with the form
68 on which the signatures will be affixed, and shall obtain the
69 approval of the Secretary of State of such form. Upon receipt,
70 the Secretary of State shall assign the initiative petition a
71 petition number and submit a copy of the proposed amendment to
72 the Financial Impact Estimating Conference for review, analysis,
73 and estimation of the financial impact of the proposed
74 amendment. After the review by the Financial Impact Estimating
75 Conference, the division shall publish the forms with the
76 information provided for in subsection (3) and on which
77 signatures for the initiative petition will be affixed The
78 Secretary of State shall adopt rules pursuant to s. 120.54
79 prescribing the style and requirements of such form. Upon filing
80 with the Secretary of State, the text of the proposed amendment
81 and all forms filed in connection with this section must, upon
82 request, be made available in alternative formats.
83 (3)(a) Beginning July 1, 2025, the petition form must
84 prominently display all of the following:
85 1. The petition number.
86 2. The ballot title.
87 3. The ballot summary.
88 4. A notice that the form becomes a public record upon
89 receipt by the supervisor.
90 5. A notice that it is a misdemeanor of the first degree to
91 knowingly sign the petition more than once.
92 6. A notice that the form will not be validated if all of
93 the requested information is not completed.
94 7. For a proposed amendment submitted to the Secretary of
95 State after the effective date of this act, the financial impact
96 statement.
97 (b) The petition form must also include all of the
98 following:
99 1. The full text of the proposed amendment.
100 2. The name and address of the sponsor.
101 3. The date received by the Secretary of State.
102 4. A bar code or serial number associated with the
103 initiative petition.
104 (c) The petition form must solicit and require all of the
105 following information:
106 1. The full name of the voter.
107 2. The voter’s address and county of legal residence.
108 3. The voter’s Florida voter registration number or date of
109 birth.
110 4. The voter’s Florida driver license number or the voter’s
111 Florida identification card number issued pursuant to s.
112 322.051, or the last four digits of the voter’s social security
113 number.
114 5. An attestation that the voter is a registered Florida
115 voter and is petitioning the Secretary of State to place the
116 proposed amendment on the ballot.
117 6. The voter’s signature and the date on which the voter
118 signed the form.
119 (d) A petition form distributed by a petition circulator
120 must also include all of the following:
121 1. The Petition Circulator’s Affidavit with the
122 circulator’s name, permanent address, and petition circulator
123 number or barcode.
124 2. The following statement, which must be signed and dated
125 by the circulator:
126
127 By my signature below, as petition circulator, I
128 verify that the petition was completed and signed by
129 the voter in my presence. Under penalty of perjury, I
130 declare that I have read the foregoing Petition
131 Circulator’s Affidavit, and that the facts stated in
132 it are true, and that if I was paid to circulate or
133 collect this petition, payment was not on a per
134 signature basis.
135
136 (e) A petition form distributed by a person other than a
137 petition circulator must also include, in lieu of the Petition
138 Circulator’s Affidavit, the following notice:
139
140 This form is for PERSONAL USE only. Unless registered
141 as a petition circulator, it is a third degree felony
142 to collect, deliver, or otherwise physically possess
143 more than five signed petition forms in addition to
144 your own or those of immediate family members.
145
146 (f) The petition form must be in a type not less than 10
147 points, except for the full text of the proposed amendment,
148 which may be in a type not less than 6 points if 10-point type
149 would cause the length of the petition form to exceed one page
150 front and back.
151 (4)(a) Beginning July 1, 2025, unless registered as a
152 petition circulator with the Secretary of State and issued a
153 petition circulator number, a person may not collect, deliver,
154 or otherwise physically possess more than five signed petition
155 forms, unless the forms are designated for personal use only
156 signatures or initiative petitions for compensation unless the
157 person is registered as a petition circulator with the Secretary
158 of State.
159 (b) A person may not collect signatures or initiative
160 petitions if he or she:
161 1. Has been convicted of a felony violation and has not had
162 his or her right to vote restored.
163 2. Is not a citizen of the United States.
164 3. Is not a resident of this state.
165 (b) A citizen may challenge a petition circulator’s
166 registration under this section by filing a petition in circuit
167 court. If the court finds that the respondent is not a
168 registered petition circulator, the court may enjoin the
169 respondent from collecting signatures or initiative petitions
170 for compensation until she or he is lawfully registered.
171 (c)(4) An application for registration must be submitted in
172 the format required by the Secretary of State and must include
173 the following:
174 1.(a) The information required to be on the petition form
175 under s. 101.161, including the ballot summary and title as
176 received approved by the Secretary of State.
177 2.(b) The applicant’s name, permanent address, temporary
178 address, if applicable, and date of birth, Florida driver
179 license or Florida identification card number, and the last four
180 digits of his or her social security number.
181 3.(c) An address in this state at which the applicant will
182 accept service of process related to disputes concerning the
183 petition process, if the applicant is not a resident of this
184 state.
185 4.(d) A statement that the applicant consents to the
186 jurisdiction of the courts of this state in resolving disputes
187 concerning the petition process.
188 5.(e) Any information required by the Secretary of State to
189 verify the applicant’s identity or address.
190 6. Whether the applicant has been convicted of a felony
191 violation and has not had his or her right to vote restored, by
192 including the statement, “I affirm that I am not a convicted
193 felon, or, if I am, my right to vote has been restored,” and
194 providing a box for the applicant to check to affirm the
195 statement.
196 7. Whether the applicant is a citizen of the United States,
197 by asking the question, “Are you a citizen of the United States
198 of America?” and providing boxes for the applicant to check
199 whether the applicant is or is not a citizen of the United
200 States.
201 8. Whether the applicant is a Florida resident by asking
202 the question, “Are you a resident of the state of Florida?” and
203 providing boxes for the applicant to check whether the applicant
204 is or is not a resident of the state of Florida.
205 9. The signature of the applicant under penalty of perjury
206 for false swearing pursuant to s. 104.011, by which the
207 applicant swears or affirms that the information contained in
208 the application is true.
209 (d) A citizen may challenge a petition circulator’s
210 registration under this section by filing a petition in circuit
211 court. If the court finds that the respondent is not a
212 registered petition circulator, the court may enjoin the
213 respondent from collecting signatures or initiative petitions
214 until he or she is lawfully registered.
215 (e) The division may revoke a petition circulator’s
216 registration upon the written request of the sponsor of the
217 initiative petition or if the circulator violates this section.
218 (f) A person may not register to collect signatures or
219 initiative petitions until he or she has completed the training
220 concerning the requirements for petition circulators. The
221 training must be developed by the division and must be in an
222 electronic format available on the division’s public website.
223 The training must, at a minimum, include the following:
224 1. An overview of the petition-gathering process.
225 2. An overview of the petition circulator registration
226 requirements.
227 3. An explanation that the sponsor of an initiative
228 amendment serves as a fiduciary to each voter who signs a
229 petition.
230 4. An explanation that the Florida Election Code prohibits
231 compensation or provision of any benefit based on the number of
232 petition forms gathered or the time within which a number of
233 petition forms are gathered.
234 5. The specific criminal penalties to which a petition
235 circulator may be subject for violating the Florida Election
236 Code.
237 (g) The sponsor of the initiative amendment is liable for a
238 fine in the amount of $50,000 for each person the sponsor
239 knowingly allows to collect petition forms on behalf of the
240 sponsor in violation of this subsection.
241 (5) A sponsor may not compensate a petition circulator
242 based on the number of petition forms gathered or the time
243 within which a number of petition forms are gathered. This
244 prohibition includes, but is not limited to, paying a specified
245 amount per petition form gathered, basing an hourly rate on the
246 number of petition forms gathered over a specified period of
247 time, or providing any other benefit or form of compensation
248 based on the number of petition forms gathered. All petitions
249 collected by a petition circulator must contain, in a format
250 required by the Secretary of State, a completed Petition
251 Circulator’s Affidavit which includes:
252 (a) The circulator’s name and permanent address;
253 (b) The following statement, which must be signed by the
254 circulator:
255
256 By my signature below, as petition circulator, I
257 verify that the petition was signed in my presence.
258 Under penalties of perjury, I declare that I have read
259 the foregoing Petition Circulator’s Affidavit and the
260 facts stated in it are true.
261
262 (6) The division or the supervisor of elections shall make
263 hard copy petition forms or electronic portable document format
264 petition forms available to registered petition circulators. All
265 such forms must contain information identifying the petition
266 circulator to whom which the forms are provided. The division
267 shall maintain a database of all registered petition circulators
268 and the petition forms assigned to each. Each supervisor of
269 elections shall provide to the division information on petition
270 forms assigned to and received from petition circulators. The
271 information must be provided in a format and at times as
272 required by the division by rule. The division must update
273 information on petition forms daily and make the information
274 publicly available.
275 (7)(a) A sponsor that collects petition forms or uses a
276 petition circulator to collect petition forms serves as a
277 fiduciary to the voter elector signing the petition form and
278 shall ensure, ensuring that any petition form entrusted to the
279 sponsor or petition circulator is shall be promptly delivered to
280 the supervisor of elections in the county in which the voter
281 resides within 10 30 days after the voter elector signs the
282 form. If a petition form collected by the sponsor or any
283 petition circulator is not promptly delivered to the supervisor
284 of elections, the sponsor is liable for the following fines:
285 1. A fine in the amount of $50 per each day late for each
286 petition form received by the supervisor of elections in the
287 county in which the voter resides more than 10 30 days after the
288 voter elector signed the petition form or the next business day,
289 if the office is closed. A fine in the amount of $2,500 $250 for
290 each petition form received if the sponsor or petition
291 circulator acted willfully.
292 2. A fine in the amount of $100 per each day late, up to a
293 maximum of $5,000, for each petition form collected by a sponsor
294 or a petition circulator, signed by a voter on or before
295 February 1 of the year the general election is held and received
296 by the supervisor of elections in the county in which the voter
297 resides after the deadline for such election. A fine in the
298 amount of $5,000 for each such petition form received if the
299 sponsor or petition circulator acted willfully.
300 3. A fine in the amount of $500 for each petition form
301 collected by a petition circulator which is not submitted to the
302 supervisor of elections in the county in which the voter
303 resides. A fine in the amount of $5,000 $1,000 for any petition
304 form not so submitted if the sponsor or petition circulator
305 acting on its behalf acted willfully.
306 (b) A showing by the sponsor that the failure to deliver
307 the petition form within the required timeframe is based upon
308 force majeure or impossibility of performance is an affirmative
309 defense to a violation of this subsection. The fines described
310 in this subsection may be waived upon a showing that the failure
311 to deliver the petition form promptly is based upon force
312 majeure or impossibility of performance.
313 (8) If a person collecting petition forms on behalf of a
314 sponsor of an initiative petition signs another person’s name or
315 a fictitious name to any petition, or fills in missing
316 information on a signed petition, to secure a ballot position in
317 violation of s. 104.185(2), the sponsor of the initiative
318 petition is liable for a fine in the amount of $5,000 for each
319 such petition.
320 (9) If a person collecting petition forms on behalf of a
321 sponsor of an initiative petition copies or retains a voter’s
322 personal information, such as the voter’s Florida driver license
323 number, Florida identification card number, social security
324 number, or signature, for any reason other than to provide such
325 information to the sponsor of the initiative petition, the
326 person commits a felony of the third degree, punishable as
327 provided in s. 775.082, s. 775.083, or s. 775.084.
328 (10) A sponsor of an initiative petition or a person
329 collecting petition forms on behalf of a sponsor of an
330 initiative petition may not mail or otherwise provide a petition
331 form upon which any information about a voter has been filled in
332 before it is provided to the voter. The sponsor of an initiative
333 petition is liable for a fine in the amount of $50 for each
334 petition form that is a violation of this subsection.
335 (11)(8) If the Secretary of State reasonably believes that
336 a person or entity has committed a violation of this section,
337 the secretary may refer the matter to the Attorney General for
338 enforcement. The Attorney General may institute a civil action
339 for a violation of this section or to prevent a violation of
340 this section. An action for relief may include a permanent or
341 temporary injunction, a restraining order, or any other
342 appropriate order. If the sponsor of an initiative petition
343 discovers a violation of this section and reports the violation
344 as soon as practicable to the secretary, the sponsor may not be
345 fined for such violation.
346 (12)(9) The division shall adopt by rule a complaint form
347 for a voter an elector who claims to have had his or her
348 signature misrepresented, forged, or not delivered to the
349 supervisor. The division shall also adopt rules to ensure the
350 integrity of the petition form gathering process, including
351 rules requiring sponsors to account for all petition forms used
352 by their agents. Such rules may require a sponsor or petition
353 circulator to provide identification information on each
354 petition form as determined by the department as needed to
355 assist in the accounting of petition forms.
356 (13)(10) The date on which a voter an elector signs a
357 petition form is presumed to be the date on which the petition
358 circulator received or collected the petition form.
359 (14)(a)(11)(a) An initiative petition form circulated for
360 signature may not be bundled with or attached to any other
361 petition. Each signature shall be dated when made and shall be
362 valid until the next February 1 occurring in an even-numbered
363 year for the purpose of the amendment appearing on the ballot
364 for the general election occurring in that same year, provided
365 all other requirements of law are met. The sponsor shall submit
366 signed and dated forms to the supervisor of elections for the
367 county of residence listed by the person signing the form for
368 verification of the number of valid signatures obtained.
369 (b) The supervisor shall record the date each submitted
370 petition is received. If a signature on a petition is from a
371 registered voter in another county, the supervisor must shall
372 notify the petition sponsor and the division of the misfiled
373 petition. The supervisor shall promptly verify the signatures
374 within 60 days after receipt of the petition forms and payment
375 and processing of a fee for the actual cost of signature
376 verification incurred by the supervisor. However, for petition
377 forms submitted less than 60 days before February 1 of an even
378 numbered year, the supervisor shall promptly verify the
379 signatures within 30 days after receipt of the form and payment
380 of the fee for signature verification.
381 (c) Beginning July 1, 2025, the supervisor shall promptly
382 record, in the manner prescribed by the Secretary of State, the
383 date each form is received by the supervisor, and the date the
384 signature on the form is verified as valid. The supervisor may
385 verify that the signature on a form is valid only if:
386 1. The form contains the original signature of the
387 purported voter elector.
388 2. The purported voter elector has accurately recorded on
389 the form the date on which he or she signed the form.
390 3. The form sets forth the purported voter’s: elector’s
391 a. Full name;,
392 b. Address and, city, county of residence;, and
393 c. Voter registration number or date of birth; and
394 d. Florida driver license or Florida identification card
395 number issued pursuant to s. 322.051 or the last four digits of
396 the voter’s social security number.
397 4. The purported voter elector is, at the time he or she
398 signs the form and at the time the form is verified, a duly
399 qualified and registered voter elector in the state.
400 5. The signature was obtained legally, including that if a
401 paid petition circulator was used, the circulator was validly
402 registered under subsection (4) (3) when the signature was
403 obtained.
404
405 The supervisor shall retain all signature forms, separating
406 forms verified as valid from those deemed invalid, for at least
407 1 year following the election for which the petition was
408 circulated.
409 (d)1.(b) On the last day of each month, or on the last day
410 of each week from December 1 of an odd-numbered year through
411 February 1 of the following year, each supervisor shall
412 electronically transmit all received petition forms to the
413 division. The digital images of the scanned petition forms must
414 be of high enough quality that division personnel are able to
415 accurately discern elements contained in such forms. Forms must
416 be identified as valid or as invalid.
417 2. Each supervisor shall retain all petition forms,
418 identifying forms verified as valid from those deemed invalid,
419 until all petition forms have been processed following the
420 February 1 deadline. As soon as practicable following the
421 processing of the last timely submitted petition form, but not
422 later than March 15 following the February 1 deadline, the
423 supervisor shall deliver the physical forms to the division. The
424 division shall retain all petition forms for 1 year following
425 the election for which the petition was circulated.
426 (e) Beginning October 1, 2025, when the signature on the
427 petition form is verified as valid, the supervisor shall, as
428 soon as practicable, notify the voter by mail at the mailing
429 address on file in the Florida Voter Registration System.
430 1. Such notice must be sent by forwardable mail with a
431 postage prepaid preaddressed form, which may be returned to the
432 Office of Election Crimes and Security. The notice must include
433 contact information for the Office of Election Crimes and
434 Security, including the telephone number, fax number, mailing
435 address, and e-mail address. The notice must include all of the
436 following statements or information in substantially the
437 following form:
438
439 NOTICE
440
441 A petition to place a proposed constitutional
442 amendment on the ballot for the next general election,
443 bearing your name and signature, has been received and
444 verified by the Supervisor of Elections Office in ...
445 (insert county)....
446
447 The petition is for ...(insert the petition serial
448 number and ballot title)... and was signed on
449 ...(insert the date the voter signed the petition)....
450
451 Check this box ☐, sign, and return this notice to the
452 Office of Election Crimes and Security if you believe
453 your signature has been misrepresented or forged on a
454 petition. The petition form in question will be
455 invalidated and will not be counted toward the number
456 of signatures required to place this proposed
457 constitutional amendment on the ballot.
458
459 A notice being returned must be received by the Office
460 of Election Crimes and Security on or before February
461 1 ... (insert the year in which the general election
462 is held)....
463
464 ...(Insert the voter’s Florida voter registration
465 number, and if applicable, the petition circulator’s
466 number)....
467
468 By signing below, I swear or affirm that my signature
469 was misrepresented or forged on the petition form
470 indicated in this notice.
471
472 ...(Voter’s Signature)... ...(Date)...
473
474 This notice becomes a public record upon receipt by
475 the Office of Election Crimes and Security. It is a
476 second degree misdemeanor, punishable as provided in
477 s. 775.082, Florida Statutes, or s. 772.083, Florida
478 Statutes, for a person to knowingly make a false
479 official statement pursuant to s. 837.06, Florida
480 Statutes.
481
482 2. Upon receiving a completed notice, the Office of
483 Election Crimes and Security shall transmit a copy of such
484 notices to the division. The division shall deem the voter’s
485 petition form invalid.
486 (f) Each supervisor shall post the actual cost of signature
487 verification for petition forms received more than 60 days
488 before February 1 of an even-numbered year and for petition
489 forms received less than 60 days before February 1 of an even
490 numbered year on his or her website, and may increase such cost,
491 as necessary, annually on March 1 February 2 of each even
492 numbered year. These costs include operating and personnel costs
493 associated with comparing signatures, printing and all postage
494 costs related to the verification notice required by paragraph
495 (e), and transmitting petition forms to the division. The
496 division shall also publish each county’s current cost on its
497 website. The division and each supervisor shall biennially
498 review available technology aimed at reducing verification
499 costs.
500 (g)(c) On the last day of each month, or on the last day of
501 each week from December 1 of an odd-numbered year through
502 February 1 of the following year, each supervisor shall post on
503 his or her website the total number of signatures submitted, the
504 total number of invalid signatures, the total number of
505 signatures processed, and the aggregate number of verified valid
506 signatures and the distribution of such signatures by
507 congressional district for each proposed amendment proposed by
508 initiative, along with the following information specific to the
509 reporting period: the total number of signed petition forms
510 received, the total number of signatures verified, the
511 distribution of verified valid signatures by congressional
512 district, and the total number of verified petition forms
513 forwarded to the Secretary of State. For any reporting period in
514 which the percentage of petition forms deemed invalid by the
515 supervisor exceeds a total of 25 percent of the petition forms
516 received by the supervisor for that reporting period, the
517 supervisor shall notify the Office of Election Crimes and
518 Security. The Office of Election Crimes and Security shall
519 conduct a preliminary investigation into the activities of the
520 sponsor, one or more petition circulators, or a person
521 collecting petition forms on behalf of a sponsor, to determine
522 whether the invalidated petitions are a result of fraud or any
523 other violation of this section. As authorized by ss. 97.012(15)
524 and 97.022(1), the Office of Elections Crimes and Security may,
525 if warranted, report findings to the statewide prosecutor or the
526 state attorney for the judicial circuit in which the alleged
527 violation occurred for prosecution.
528 (h) A signed petition form submitted by an ineligible or
529 unregistered petition circulator must be invalidated and may not
530 be counted toward the number of necessary signatures for
531 placement on the ballot.
532 (15)(12) The Secretary of State shall determine from the
533 signatures verified by the supervisors of elections the total
534 number of verified valid signatures, less any signatures that
535 were invalidated pursuant to subsection (14), and the
536 distribution of such signatures by congressional districts, and
537 the division shall post such information on its website at the
538 same intervals specified in paragraph (14)(g) (11)(c). Upon a
539 determination that the requisite number and distribution of
540 valid signatures have been obtained, the secretary shall issue a
541 certificate of ballot position for that proposed amendment and
542 shall assign a designating number pursuant to s. 101.161. The
543 secretary must rescind the certificate of ballot position if an
544 advisory opinion issued by the Supreme Court pursuant to s.
545 16.061(1) deems the initiative petition invalid.
546 (16)(a)(13)(a) Upon receipt of a proposed revision or
547 amendment from the Secretary of State, the coordinator of the
548 Office of Economic and Demographic Research shall contact the
549 person identified as the sponsor to request an official list of
550 all persons authorized to speak on behalf of the named sponsor
551 and, if there is one, the sponsoring organization at meetings
552 held by the Financial Impact Estimating Conference. All other
553 persons must be deemed interested parties or proponents or
554 opponents of the initiative. The Financial Impact Estimating
555 Conference shall provide an opportunity for any representative
556 of the sponsor, interested parties, and proponents or opponents
557 of the initiative to submit information and may solicit
558 information or analysis from any other entities or agencies,
559 including the Office of Economic and Demographic Research At the
560 same time the Secretary of State submits an initiative petition
561 to the Attorney General pursuant to s. 15.21, the secretary
562 shall submit a copy of the initiative petition to the Financial
563 Impact Estimating Conference.
564 (b) Within 75 days after receipt of a proposed revision or
565 amendment to the State Constitution by initiative petition from
566 the Secretary of State, the Financial Impact Estimating
567 Conference shall complete an analysis and financial impact
568 statement to be placed on the ballot of the estimated increase
569 or decrease in any revenues or costs to state or local
570 governments and the overall impact to the state budget resulting
571 from the proposed initiative. The 75-day time limit is tolled
572 when the Legislature is in session. The Financial Impact
573 Estimating Conference shall submit the financial impact
574 statement to the Attorney General and Secretary of State. If the
575 initiative petition has been submitted to the Financial Impact
576 Estimating Conference but the validity of signatures has expired
577 and the initiative petition no longer qualifies for ballot
578 placement at the ensuing general election, the Secretary of
579 State must notify the Financial Impact Estimating Conference.
580 The Financial Impact Estimating Conference does is not required
581 to complete an analysis and financial impact statement for an
582 initiative petition that fails to meet the requirements of
583 subsection (1) for placement on the ballot before the 75-day
584 time limit, including any tolling period, expires, the ballot
585 must include the statement required by s. 101.161(1)(e). The
586 initiative petition may be resubmitted to the Financial Impact
587 Estimating Conference if the initiative petition meets the
588 requisite criteria for a subsequent general election cycle. A
589 new Financial Impact Estimating Conference shall be established
590 at such time as the initiative petition again satisfies the
591 criteria in s. 15.21(1).
592 (b) Immediately upon receipt of a proposed revision or
593 amendment from the Secretary of State, the coordinator of the
594 Office of Economic and Demographic Research shall contact the
595 person identified as the sponsor to request an official list of
596 all persons authorized to speak on behalf of the named sponsor
597 and, if there is one, the sponsoring organization at meetings
598 held by the Financial Impact Estimating Conference. All other
599 persons shall be deemed interested parties or proponents or
600 opponents of the initiative. The Financial Impact Estimating
601 Conference shall provide an opportunity for any representatives
602 of the sponsor, interested parties, proponents, or opponents of
603 the initiative to submit information and may solicit information
604 or analysis from any other entities or agencies, including the
605 Office of Economic and Demographic Research.
606 (c) The Financial Impact Estimating Conference may be
607 convened only by the President of the Senate and the Speaker of
608 the House of Representatives, jointly. All meetings of the
609 Financial Impact Estimating Conference shall be open to the
610 public. The President of the Senate and the Speaker of the House
611 of Representatives, jointly, shall be the sole judge for the
612 interpretation, implementation, and enforcement of this
613 subsection.
614 1. The Financial Impact Estimating Conference is
615 established to review, analyze, and estimate the financial
616 impact of amendments to or revisions of the State Constitution
617 proposed by initiative. The Financial Impact Estimating
618 Conference shall be composed consist of four principals: one
619 person from the professional staff of the Executive Office of
620 the Governor or from a state agency, designated by the Governor;
621 the coordinator of the Office of Economic and Demographic
622 Research, or his or her designee; one person from the
623 professional staff of the Senate, designated by the President of
624 the Senate; and one person from the professional staff of the
625 House of Representatives, designated by the Speaker of the House
626 of Representatives. Each principal shall have appropriate fiscal
627 expertise in the subject matter of the initiative. A Financial
628 Impact Estimating Conference may be appointed for each
629 initiative.
630 2. Principals of the Financial Impact Estimating Conference
631 shall reach a consensus or majority concurrence on a clear and
632 unambiguous financial impact statement, no more than 150 words
633 in length, and immediately submit the statement to the Attorney
634 General. Nothing in this subsection prohibits the Financial
635 Impact Estimating Conference from setting forth a range of
636 potential impacts in the financial impact statement. Any
637 financial impact statement that a court finds not to be in
638 accordance with this section shall be remanded solely to the
639 Financial Impact Estimating Conference for redrafting. The
640 Financial Impact Estimating Conference shall redraft the
641 financial impact statement within 15 days.
642 3. If the Supreme Court has rejected the initial submission
643 by the Financial Impact Estimating Conference and no redraft has
644 been approved by the Supreme Court by 5 p.m. on the 75th day
645 before the election, the following statement shall appear on the
646 ballot: “The impact of this measure, if any, has not been
647 determined at this time.”
648 (d) The financial impact statement must be separately
649 contained on the petition form and the ballot and be set forth
650 after the ballot summary as required in s. 101.161(1).
651 1. If the financial impact statement projects a net
652 negative impact on the state budget, the ballot must include the
653 statement required by s. 101.161(1)(b).
654 2. If the financial impact statement projects a net
655 positive impact on the state budget, the ballot must include the
656 statement required by s. 101.161(1)(c).
657 3. If the financial impact statement estimates an
658 indeterminate financial impact or if the members of the
659 Financial Impact Estimating Conference are unable to agree on
660 the statement required by this subsection, the ballot must
661 include the statement required by s. 101.161(1)(d).
662 4. If the financial impact statement was not produced or if
663 the Financial Impact Estimating Conference did not meet to
664 produce the financial statement, the ballot must include the
665 statement required by s. 101.161(1)(e).
666 (e)1. Any financial impact statement that the Supreme Court
667 finds not to be in accordance with this subsection shall be
668 remanded solely to the Financial Impact Estimating Conference
669 for redrafting, provided the court’s advisory opinion is
670 rendered at least 75 days before the election at which the
671 question of ratifying the amendment will be presented. The
672 Financial Impact Estimating Conference shall prepare and adopt a
673 revised financial impact statement no later than 5 p.m. on the
674 15th day after the date of the court’s opinion. The sponsor of
675 the initiative must refile the petition with the revised
676 financial impact statement with the Secretary of State as a new
677 petition.
678 2. If, by 5 p.m. on the 75th day before the election, the
679 Supreme Court has not issued an advisory opinion on the initial
680 financial impact statement prepared by the Financial Impact
681 Estimating Conference for an initiative amendment that otherwise
682 meets the legal requirements for ballot placement, the financial
683 impact statement shall be deemed approved for placement on the
684 ballot.
685 (f)3. In addition to the financial impact statement
686 required by this subsection, the Financial Impact Estimating
687 Conference shall draft an initiative financial information
688 statement. The initiative financial information statement should
689 describe in greater detail than the financial impact statement
690 any projected increase or decrease in revenues or costs that the
691 state or local governments would likely experience if the ballot
692 measure were approved. If appropriate, the initiative financial
693 information statement may include both estimated dollar amounts
694 and a description placing the estimated dollar amounts into
695 context. The initiative financial information statement must
696 include both a summary of not more than 500 words and additional
697 detailed information that includes the assumptions that were
698 made to develop the financial impacts, workpapers, and any other
699 information deemed relevant by the Financial Impact Estimating
700 Conference.
701 (g)4. The Department of State shall have printed, and shall
702 furnish to each supervisor of elections, a copy of the summary
703 from the initiative financial information statements. The
704 supervisors shall have the summary from the initiative financial
705 information statements available at each polling place and at
706 the main office of the supervisor of elections upon request.
707 (h)5. The Secretary of State and the Office of Economic and
708 Demographic Research shall make available on the Internet each
709 initiative financial information statement in its entirety. In
710 addition, each supervisor of elections whose office has a
711 website shall post the summary from each initiative financial
712 information statement on the website. Each supervisor shall
713 include a copy of each summary from the initiative financial
714 information statements and the Internet addresses for the
715 information statements on the Secretary of State’s and the
716 Office of Economic and Demographic Research’s websites in the
717 publication or mailing required by s. 101.20.
718 (17)(14) The Department of State may adopt rules in
719 accordance with s. 120.54 to implement this section carry out
720 the provisions of subsections (1)-(14).
721 (18)(15) No provision of this code shall be deemed to
722 prohibit a private person exercising lawful control over
723 privately owned property, including property held open to the
724 public for the purposes of a commercial enterprise, from
725 excluding from such property persons seeking to engage in
726 activity supporting or opposing initiative amendments.
727 Section 7. (1) By July 1, 2025, the Department of State
728 shall update the forms as required by the amendments made to s.
729 100.371(3), Florida Statutes, for any proposed amendments
730 received before July 1, 2025.
731 (2)(a) By June 1, 2025, the Department of State shall make
732 available a new petition circulator application to incorporate
733 the amendments made to s. 100.371(4), Florida Statutes.
734 (b)1. Effective July 1, 2025, the registration of each
735 petition circulator expires.
736 2. No later than 7 days after this section becomes law, the
737 Department of State shall notify each petition circulator that
738 his or her registration expires on July 1, 2025, and that he or
739 she may reregister by completing a new application that will be
740 available before the current registration expires.
741 (c) By June 1, 2025, the Department of State shall develop
742 the training required by s. 100.371(4)(f), Florida Statutes.
743 (3) No later than October 1, 2025, a supervisor of
744 elections may increase the cost of signature verification
745 pursuant to the amendments made to s. 100.371(14)(f), Florida
746 Statutes. A supervisor shall post the cost of signature
747 verification on his or her publicly available website as soon as
748 such cost is determined.
749 Section 8. Paragraph (a) of subsection (1) of section
750 101.161, Florida Statutes, is amended, and paragraph (e) is
751 added to that subsection, to read:
752 101.161 Referenda; ballots.—
753 (1) Whenever a constitutional amendment or other public
754 measure is submitted to the vote of the people, a ballot summary
755 of such amendment or other public measure shall be printed in
756 clear and unambiguous language on the ballot after the list of
757 candidates, followed by the word “yes” and also by the word
758 “no,” and shall be styled in such a manner that a “yes” vote
759 will indicate approval of the proposal and a “no” vote will
760 indicate rejection. The ballot summary of the amendment or other
761 public measure and the ballot title to appear on the ballot
762 shall be embodied in the constitutional revision commission
763 proposal, constitutional convention proposal, taxation and
764 budget reform commission proposal, or enabling resolution or
765 ordinance. The ballot summary of the amendment or other public
766 measure shall be an explanatory statement, not exceeding 75
767 words in length, of the chief purpose of the measure. In
768 addition, for every constitutional amendment proposed by
769 initiative, the ballot shall include, following the ballot
770 summary, in the following order:
771 (a) A separate financial impact statement concerning the
772 measure prepared by the Financial Impact Estimating Conference
773 in accordance with s. 100.371(16) s. 100.371(13).
774 (e) If the financial impact statement was not produced or
775 if the Financial Impact Estimating Conference did not meet to
776 produce the financial impact statement, the following statement
777 in bold print:
778
779 THE FINANCIAL IMPACT OF THIS AMENDMENT, IF ANY, HAS
780 NOT BEEN DETERMINED AT THIS TIME.
781
782 The ballot title shall consist of a caption, not exceeding 15
783 words in length, by which the measure is commonly referred to or
784 spoken of. This subsection does not apply to constitutional
785 amendments or revisions proposed by joint resolution.
786 Section 9. Subsection (2) of section 102.111, Florida
787 Statutes, is amended to read:
788 102.111 Elections Canvassing Commission.—
789 (2) The Elections Canvassing Commission shall meet at 8
790 a.m. on the 9th day after a primary election and at 8 a.m. on
791 the 14th day after a general election to certify the returns of
792 the election for each federal, state, and multicounty office and
793 for each constitutional amendment. If a member of a county
794 canvassing board that was constituted pursuant to s. 102.141
795 determines, within 5 days after the certification by the
796 Elections Canvassing Commission, that a typographical error
797 occurred in the official returns of the county, the correction
798 of which could result in a change in the outcome of an election,
799 the county canvassing board must certify corrected returns to
800 the Department of State within 24 hours, and the Elections
801 Canvassing Commission must correct and recertify the election
802 returns as soon as practicable.
803 Section 10. Section 102.121, Florida Statutes, is amended
804 to read:
805 102.121 Elections Canvassing Commission to issue
806 certificates.—The Elections Canvassing Commission shall make and
807 sign separate certificates of the result of the election for
808 federal officers, and state officers, and constitutional
809 amendments, which certificates must shall be written and contain
810 the total number of votes cast for and against each person for
811 each office and the total number of votes cast for and against
812 each constitutional amendment. The certificates, the one
813 including the result of the election for presidential electors
814 and representatives to Congress, and the other including the
815 result of the election for state officers, shall be recorded in
816 the Department of State in a book to be kept for that purpose.
817 Section 11. Subsections (1), (3), and (4) of section
818 102.168, Florida Statutes, are amended to read:
819 102.168 Contest of election.—
820 (1) Except as provided in s. 102.171, the certification of
821 election or nomination of any person to office, or of the
822 adoption of a constitutional amendment or the result on any
823 question submitted by referendum, may be contested in the
824 circuit court by any unsuccessful candidate for such office or
825 nomination thereto or by any voter elector qualified to vote in
826 the election related to such candidacy or constitutional
827 amendment, or by any taxpayer, respectively.
828 (3) The complaint must shall set forth the grounds on which
829 the contestant intends to establish his or her right to such
830 office; or set aside the result of the election on a submitted
831 referendum or constitutional amendment. The grounds for
832 contesting an election or a constitutional amendment under this
833 section are:
834 (a) Misconduct, fraud, or corruption on the part of any
835 election official or any member of the canvassing board
836 sufficient to change or place in doubt the result of the
837 election.
838 (b) Ineligibility of the successful candidate for the
839 nomination or office in dispute or of the proposed
840 constitutional amendment for placement on the ballot.
841 (c) Receipt of a number of illegal votes or rejection of a
842 number of legal votes sufficient to change or place in doubt the
843 result of the election.
844 (d) Proof that any voter elector, election official, or
845 canvassing board member was given or offered a bribe or reward
846 in money, property, or any other thing of value for the purpose
847 of procuring the successful candidate’s nomination or election
848 or determining the result on any question submitted by
849 referendum or constitutional amendment.
850 (4) The canvassing board responsible for canvassing the
851 election is an indispensable party defendant in county and local
852 elections. The Elections Canvassing Commission is an
853 indispensable party defendant in federal, state, and multicounty
854 elections, in elections for constitutional amendments, and in
855 elections for justice of the Supreme Court, judge of a district
856 court of appeal, and judge of a circuit court. The successful
857 candidate is an indispensable party to any action brought to
858 contest the election or nomination of a candidate. The sponsor
859 of a constitutional amendment proposed by initiative petition,
860 identified pursuant to s. 100.371, is an indispensable party to
861 any action brought to contest such election.
862 Section 12. Subsection (2) of section 104.185, Florida
863 Statutes, is amended to read:
864 104.185 Petitions; knowingly signing more than once;
865 signing another person’s name or a fictitious name.—
866 (2) A person who signs another person’s name or a
867 fictitious name to any petition, or who fills in missing
868 information on a signed petition, to secure ballot position for
869 a candidate, a minor political party, or an issue commits a
870 felony of the third degree, punishable as provided in s.
871 775.082, s. 775.083, or s. 775.084.
872 Section 13. Section 104.186, Florida Statutes, is amended
873 to read:
874 104.186 Initiative petitions; violations.—A person who
875 compensates a petition circulator as defined in s. 97.021 based
876 on the number of petition forms gathered, as prohibited by s.
877 100.371(5), commits a felony of the third degree, punishable as
878 provided in s. 775.082, s. 775.083, or s. 775.084. This section
879 does not prohibit employment relationships that do not base
880 payment on the number of signatures collected.
881 Section 14. Section 104.187, Florida Statutes, is amended
882 to read:
883 104.187 Initiative petitions; registration.—A person who
884 violates s. 100.371(4)(a) s. 100.371(3) commits a misdemeanor of
885 the second degree, punishable as provided in s. 775.082 or s.
886 775.083.
887 Section 15. Effective July 1, 2025, section 104.188,
888 Florida Statutes, is created to read:
889 104.188 Petition forms gathered not for personal use.—A
890 person who collects, delivers, or otherwise physically possesses
891 more than five signed petition forms that are not for personal
892 use, and who
893
894 ================= T I T L E A M E N D M E N T ================
895 And the title is amended as follows:
896 Delete lines 1145 - 1300
897 and insert:
898 prohibiting certain persons from collecting signatures
899 or initiative petitions; requiring that applications
900 for registration include specified information;
901 authorizing citizens to challenge a petition
902 circulator’s registration by filing a petition in
903 circuit court; authorizing the court to enjoin the
904 petition circulator from collecting signatures or
905 petition forms until registered; authorizing the
906 division to revoke a petition circulator’s
907 registration under specified circumstances;
908 prohibiting persons from registering to collect
909 signatures or initiative petitions until they complete
910 a required training; providing requirements for such
911 training; providing civil penalties for the sponsors
912 of initiative amendments that knowingly allow persons
913 to collect petition forms on their behalf and violate
914 specified provisions; prohibiting a sponsor from
915 compensating a petition circulator based on the number
916 of petition forms gathered or the time within which
917 such forms are gathered; providing construction;
918 requiring the division to make forms available to
919 registered petition circulators in a certain format;
920 deleting a requirement that supervisors of elections
921 provide the division information on petition forms
922 assigned to them; requiring sponsors to deliver forms
923 promptly to the supervisor of elections in the county
924 in which a voter resides within a specified timeframe
925 after the form is signed; revising the civil penalties
926 for failing to deliver forms within the prescribed
927 timeframes; providing civil penalties for the sponsors
928 of petitions if the person collecting petition forms
929 on behalf of the sponsor signs the name of another,
930 signs a fictitious name, or fills in missing
931 information on the signed petition form; providing
932 criminal penalties for persons who, while collecting
933 petition forms, copy or retain a voter’s personal
934 identifying information for a reason other than to
935 provide such information to the sponsor of an
936 initiative petition; providing civil penalties for
937 sponsors who mail or provide prefilled initiative
938 petitions; providing that sponsors that discover and
939 report a violation as soon as practicable may not be
940 fined for such violation; requiring the supervisor to
941 record the date a submitted petition is received;
942 requiring the supervisor to notify the division of any
943 misfiled petition; revising the conditions under which
944 a supervisor verifies signatures to include processing
945 of a certain fee; requiring supervisors, beginning on
946 a specified date, to promptly record, in a specified
947 manner, the date each form is received and the date
948 the form is verified as valid; revising the conditions
949 under which a supervisor may verify a signature on an
950 initiative petition form; requiring supervisors to
951 electronically transmit digital images, which must
952 meet a specified standard, of all received petition
953 forms to the division; requiring that such forms be
954 identified as valid or invalid; requiring supervisors
955 to retain all petition forms and identify those forms
956 verified as valid from those deemed invalid until such
957 forms are processed; requiring supervisors to deliver
958 physical forms to the division; requiring the division
959 to retain such forms for a specified timeframe;
960 requiring supervisors to send a notice, which may be
961 returned to the Office of Election Crimes and
962 Security, to voters after their signature is verified,
963 beginning on a specified date; providing requirements
964 for such notice; requiring the Office of Election
965 Crimes and Security to transmit copies of returned
966 notices, upon receipt, to the division; requiring the
967 division to deem the voter petition form invalid if a
968 completed notice is received; providing that
969 supervisors of elections are required to post on their
970 websites the actual costs of signature verification
971 for all petition forms, and that they may increase
972 such costs annually by a specified date; specifying
973 that such costs include costs related to certain
974 actions; requiring supervisors to notify the Office of
975 Election Crimes and Security under a specified
976 condition; requiring the office to conduct specified
977 preliminary investigations; authorizing the office to
978 report findings of such investigations to the
979 statewide prosecutor or a certain state attorney;
980 providing that a signed petition form submitted by an
981 ineligible or unregistered petition circulator must be
982 invalidated; revising information related to signature
983 verification which must be posted on the division’s
984 website; requiring the Secretary of State to rescind
985 the certificate of ballot position if an advisory
986 opinion from the Supreme Court deems the initiative
987 petition invalid; requiring the Financial Impact
988 Estimating Conference to submit the financial impact
989 statement to the Secretary of State; requiring a
990 certain statement to be included on the ballot if the
991 conference does not complete an analysis and financial
992 impact statement within a specified timeframe;
993 providing that only the President of the Senate and
994 the Speaker of the House of Representatives, jointly,
995 may convene the conference; revising the membership of
996 the conference; deleting a provision authorizing the
997 court to remand the financial impact statement to the
998 conference to be redrafted; requiring that such
999 statement appear on the petition form and ballot;
1000 requiring a sponsor to refile a petition as a new
1001 petition under certain circumstances; deleting a
1002 provision that deems financial impact statements
1003 approved for placement on the ballot under certain
1004 circumstances; requiring the Department of State to
1005 update petition forms by a specified date; requiring
1006 the department to make the petition circulator
1007 application available by a specified date; providing
1008 that each petition circulator registration expires on
1009 a specified date; requiring the department to notify
1010 such petition circulators of the expiration of their
1011 registration by a specified date; requiring the
1012 department to develop a certain training within a
1013 specified timeframe; authorizing supervisors of
1014 elections to increase the costs of signature
1015 verification before a specified date; requiring the
1016 supervisors to post such cost on their publicly
1017 available websites as soon as the cost is determined;
1018 amending s. 101.161, F.S.; requiring that a certain
1019 statement be included on the ballot if a financial
1020 impact statement was not produced or the Financial
1021 Impact Estimating Conference did not meet to produce
1022 one; conforming a cross-reference; amending s.
1023 102.111, F.S.; requiring the Elections Canvassing
1024 Commission to certify the returns of constitutional
1025 amendments; amending s. 102.121, F.S.; requiring the
1026 commission to make and sign separate certificates for
1027 constitutional amendments; providing requirements for
1028 such certificates; amending s. 102.168, F.S.;
1029 providing for standing to contest the adoption of a
1030 constitutional amendment by any qualified voter or
1031 taxpayer; revising the grounds on which such parties
1032 may contest an election or a constitutional amendment;
1033 providing that the commission and the sponsor of the
1034 amendment are indispensable parties in any such
1035 action; amending s. 104.185, F.S.; providing criminal
1036 penalties for persons who fill in missing information
1037 on a signed petition form to secure a ballot position
1038 for a candidate, a minor political party, or an issue;
1039 amending s. 104.186, F.S.; providing criminal
1040 penalties for persons who compensate others based on
1041 the number of petition forms gathered, as prohibited
1042 by a specified section; amending s. 104.187, F.S.;
1043 conforming a cross-reference; creating s. 104.188,
1044 F.S.; providing criminal penalties for certain persons
1045 who collect, deliver, or otherwise physically possess
1046 more than a certain number of signed petition forms
1047 other than for personal use; creating s. 106.151,