Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS/HB 1205, 1st Eng.
Ì848000dÎ848000
LEGISLATIVE ACTION
Senate . House
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Floor: 2a/AD/2R .
04/30/2025 11:22 AM .
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Senator Davis moved the following:
1 Senate Amendment to Substitute Amendment (570150) (with
2 title amendment)
3
4 Delete lines 34 - 1060
5 and insert:
6 confirming that the sponsor has submitted to the division
7 appropriate supervisors for verification, and the division has
8 supervisors have verified, forms signed and dated equal to 25
9 percent of the number of electors statewide required by s. 3,
10 Art. XI of the State Constitution in one-half of the
11 congressional districts of the state.
12 (2) If the Secretary of State has submitted an initiative
13 petition to the Attorney General pursuant to subsection (1) but
14 the validity of the signatures for such initiative petition has
15 expired pursuant to s. 100.371(14)(a) s. 100.371(11)(a) before
16 securing ballot placement, the Secretary of State must promptly
17 notify the Attorney General. The Secretary of State may resubmit
18 the initiative petition to the Attorney General if the
19 initiative petition is later circulated for placement on the
20 ballot of a subsequent general election and the criteria under
21 subsection (1) are satisfied.
22 Section 3. Subsections (1), (2), and (3) of section 16.061,
23 Florida Statutes, are amended to read:
24 16.061 Initiative petitions.—
25 (1) The Attorney General shall, within 30 days after
26 receipt of a proposed revision or amendment to the State
27 Constitution by initiative petition from the Secretary of State,
28 petition the Supreme Court, requesting an advisory opinion
29 regarding the compliance of the text of the proposed amendment
30 or revision with s. 3, Art. XI of the State Constitution,
31 whether the proposed amendment is facially invalid under the
32 United States Constitution, and the compliance of the proposed
33 ballot title and substance with s. 101.161, and the compliance
34 of the financial impact statement with s. 100.371(16). The
35 petition may enumerate any specific factual issues that the
36 Attorney General believes would require a judicial
37 determination.
38 (2) A copy of the petition shall be provided to the
39 Secretary of State and the principal officer of the sponsor of
40 the initiative petition.
41 (3) Any financial fiscal impact statement that the Supreme
42 Court finds not to be in accordance with s. 100.371(16) must s.
43 100.371 shall be remanded solely to the Financial Impact
44 Estimating Conference for redrafting.
45 Section 4. Effective July 1, 2025, subsection (28) of
46 section 97.021, Florida Statutes, is amended to read:
47 97.021 Definitions.—For the purposes of this code, except
48 where the context clearly indicates otherwise, the term:
49 (28) “Petition circulator” means an entity or individual
50 who collects signatures for compensation for the purpose of
51 qualifying a proposed constitutional amendment for ballot
52 placement. The term does not include a person who collects,
53 delivers, or otherwise physically possesses no more than five
54 signed petition forms in addition to his or her own signed
55 petition form or a signed petition form belonging to the
56 person’s spouse, or the parent, child, grandparent, grandchild,
57 or sibling of the person or the person’s spouse.
58 Section 5. Paragraphs (a) and (d) of subsection (4) of
59 section 99.097, Florida Statutes, are amended, and paragraph (b)
60 of subsection (1) of that section is reenacted, to read:
61 99.097 Verification of signatures on petitions.—
62 (1)
63 (b) Rules and guidelines for petition verification shall be
64 adopted by the Department of State. Rules and guidelines for a
65 random sample method of verification may include a requirement
66 that petitions bear an additional number of names and
67 signatures, not to exceed 15 percent of the names and signatures
68 otherwise required. If the petitions do not meet such criteria
69 or if the petitions are prescribed by s. 100.371, the use of the
70 random sample method of verification is not available to the
71 division supervisors.
72 (4)(a) The division supervisor must be paid in advance the
73 sum of 10 cents for each signature checked or the actual cost of
74 checking such signature, whichever is less, by the candidate or,
75 in the case of a petition to have a local issue placed on the
76 ballot, by the person or organization submitting the petition.
77 In the case of a petition to place a statewide issue on the
78 ballot, the person or organization submitting the petition must
79 pay the division supervisor in advance the cost posted by the
80 division supervisor pursuant to s. 100.371(14) s. 100.371(11)
81 for the actual cost of checking signatures to place a statewide
82 issue on the ballot.
83 (d) Except as provided in s. 100.371(14)(d), petitions must
84 be retained by the division supervisors for a period of 1 year
85 following the election for which the petitions were circulated.
86 Section 6. Section 100.371, Florida Statutes, is amended to
87 read:
88 100.371 Initiatives; procedure for placement on ballot.—
89 (1)(a) Constitutional amendments proposed by initiative
90 shall be placed on the ballot for the general election, provided
91 the initiative petition has been filed with the Secretary of
92 State no later than February 1 of the year the general election
93 is held. A petition shall be deemed to be filed with the
94 Secretary of State upon the date the secretary determines that
95 valid and verified petition forms have been signed by the
96 constitutionally required number and distribution of voters
97 electors under this code.
98 (b) A sponsor of an initiative petition must obtain, at
99 least every third election cycle, a letter pursuant to s.
100 15.21(1)(c). Failure to obtain such letter results in expiration
101 of the initiative petition’s signatures and disbanding of the
102 sponsor’s political committee.
103 (c) Initiative petition signatures expire and the sponsor’s
104 political committee is disbanded if a constitutional amendment
105 proposed by initiative submitted to the Secretary of State
106 before February 1, 2022, fails to obtain a letter pursuant to s.
107 15.21(1)(c) on or before February 1, 2026. This paragraph does
108 not preclude such a sponsor from refiling the proposed amendment
109 as a new petition.
110 (2) The sponsor of an initiative amendment may not sponsor
111 more than one amendment and must shall, before circulating any
112 petition forms prior to obtaining any signatures, register as a
113 political committee pursuant to s. 106.03 and submit the ballot
114 title, ballot summary, article and section of the State
115 Constitution being amended, and full text of the proposed
116 amendment to the Secretary of State. The proposed amendment and
117 all forms filed in connection with this section must, upon
118 request, be made available in alternative formats, with the form
119 on which the signatures will be affixed, and shall obtain the
120 approval of the Secretary of State of such form. Upon receipt,
121 the Secretary of State shall assign the initiative petition a
122 petition number and submit a copy of the proposed amendment to
123 the Financial Impact Estimating Conference for review, analysis,
124 and estimation of the financial impact of the proposed
125 amendment. After the review by the Financial Impact Estimating
126 Conference, the division shall publish the forms with the
127 information provided for in subsection (3) and on which
128 signatures for the initiative petition will be affixed The
129 Secretary of State shall adopt rules pursuant to s. 120.54
130 prescribing the style and requirements of such form. Upon filing
131 with the Secretary of State, the text of the proposed amendment
132 and all forms filed in connection with this section must, upon
133 request, be made available in alternative formats.
134 (3)(a) Beginning July 1, 2025, the petition form must
135 prominently display all of the following:
136 1. The petition number.
137 2. The ballot title.
138 3. The ballot summary.
139 4. A notice that the form becomes a public record upon
140 receipt by the division.
141 5. A notice that it is a misdemeanor of the first degree to
142 knowingly sign the petition more than once.
143 6. A notice that the form will not be validated if all of
144 the requested information is not completed.
145 7. For a proposed amendment submitted to the Secretary of
146 State after the effective date of this act, the financial impact
147 statement.
148 (b) The petition form must also include all of the
149 following:
150 1. The full text of the proposed amendment.
151 2. The name and address of the sponsor.
152 3. The date received by the Secretary of State.
153 4. A bar code or serial number associated with the
154 initiative petition.
155 (c) The petition form must solicit and require all of the
156 following information:
157 1. The full name of the voter.
158 2. The voter’s address and county of legal residence.
159 3. The voter’s Florida voter registration number or date of
160 birth.
161 4. The voter’s Florida driver license number or the voter’s
162 Florida identification card number issued pursuant to s.
163 322.051, or the last four digits of the voter’s social security
164 number.
165 5. An attestation that the voter is a registered Florida
166 voter and is petitioning the Secretary of State to place the
167 proposed amendment on the ballot.
168 6. The voter’s signature and the date on which the voter
169 signed the form.
170 (d) A petition form distributed by a petition circulator
171 must also include all of the following:
172 1. The Petition Circulator’s Affidavit with the
173 circulator’s name, permanent address, and petition circulator
174 number or barcode.
175 2. The following statement, which must be signed and dated
176 by the circulator:
177
178 By my signature below, as petition circulator, I
179 verify that the petition was completed and signed by
180 the voter in my presence. Under penalty of perjury, I
181 declare that I have read the foregoing Petition
182 Circulator’s Affidavit, and that the facts stated in
183 it are true, and that if I was paid to circulate or
184 collect this petition, payment was not on a per
185 signature basis.
186
187 (e) A petition form distributed by a person other than a
188 petition circulator must also include, in lieu of the Petition
189 Circulator’s Affidavit, the following notice:
190
191 This form is for PERSONAL USE only. Unless registered
192 as a petition circulator, it is a third degree felony
193 to collect, deliver, or otherwise physically possess
194 more than five signed petition forms in addition to
195 your own or those of immediate family members.
196
197 (f) The petition form must be in a type not less than 10
198 points, except for the full text of the proposed amendment,
199 which may be in a type not less than 6 points if 10-point type
200 would cause the length of the petition form to exceed one page
201 front and back.
202 (4)(a) Beginning July 1, 2025, unless registered as a
203 petition circulator with the Secretary of State and issued a
204 petition circulator number, a person may not collect, deliver,
205 or otherwise physically possess more than five signed petition
206 forms in addition to his or her own signed petition form or a
207 signed petition form belonging to an immediate family member.
208 This paragraph may not be construed to prohibit a person from
209 distributing petition forms designated for personal use as
210 described in paragraph (3)(e). For the purposes of this
211 subsection, the term “immediate family” means a person’s spouse,
212 or the parent, child, grandparent, grandchild, or sibling of the
213 person or the person’s spouse signatures or initiative petitions
214 for compensation unless the person is registered as a petition
215 circulator with the Secretary of State.
216 (b) A person may not collect signatures or initiative
217 petitions if he or she:
218 1. Has been convicted of a felony violation and has not had
219 his or her right to vote restored.
220 2. Is not a citizen of the United States.
221 3. Is not a resident of this state.
222 (b) A citizen may challenge a petition circulator’s
223 registration under this section by filing a petition in circuit
224 court. If the court finds that the respondent is not a
225 registered petition circulator, the court may enjoin the
226 respondent from collecting signatures or initiative petitions
227 for compensation until she or he is lawfully registered.
228 (c)(4) An application for registration must be submitted in
229 the format required by the Secretary of State and must include
230 the following:
231 1.(a) The information required to be on the petition form
232 under s. 101.161, including the ballot summary and title as
233 received approved by the Secretary of State.
234 2.(b) The applicant’s name, permanent address, temporary
235 address, if applicable, and date of birth, Florida driver
236 license or Florida identification card number, and the last four
237 digits of his or her social security number.
238 3.(c) An address in this state at which the applicant will
239 accept service of process related to disputes concerning the
240 petition process, if the applicant is not a resident of this
241 state.
242 4.(d) A statement that the applicant consents to the
243 jurisdiction of the courts of this state in resolving disputes
244 concerning the petition process.
245 5.(e) Any information required by the Secretary of State to
246 verify the applicant’s identity or address.
247 6. Whether the applicant has been convicted of a felony
248 violation and has not had his or her right to vote restored, by
249 including the statement, “I affirm that I am not a convicted
250 felon, or, if I am, my right to vote has been restored,” and
251 providing a box for the applicant to check to affirm the
252 statement.
253 7. Whether the applicant is a citizen of the United States,
254 by asking the question, “Are you a citizen of the United States
255 of America?” and providing boxes for the applicant to check
256 whether the applicant is or is not a citizen of the United
257 States.
258 8. Whether the applicant is a Florida resident by asking
259 the question, “Are you a resident of the state of Florida?” and
260 providing boxes for the applicant to check whether the applicant
261 is or is not a resident of the state of Florida.
262 9. The signature of the applicant under penalty of perjury
263 for false swearing pursuant to s. 104.011, by which the
264 applicant swears or affirms that the information contained in
265 the application is true.
266 (d) A citizen may challenge a petition circulator’s
267 registration under this section by filing a petition in circuit
268 court. If the court finds that the respondent is not a
269 registered petition circulator, the court may enjoin the
270 respondent from collecting signatures or initiative petitions
271 until he or she is lawfully registered.
272 (e) The division may revoke a petition circulator’s
273 registration upon the written request of the sponsor of the
274 initiative petition or if the circulator violates this section.
275 (f) A person may not register to collect signatures or
276 initiative petitions until he or she has completed the training
277 concerning the requirements for petition circulators. The
278 training must be developed by the division and must be in an
279 electronic format available on the division’s public website.
280 The training must, at a minimum, include the following:
281 1. An overview of the petition-gathering process.
282 2. An overview of the petition circulator registration
283 requirements.
284 3. An explanation that the sponsor of an initiative
285 amendment serves as a fiduciary to each voter who signs a
286 petition.
287 4. An explanation that the Florida Election Code prohibits
288 compensation or provision of any benefit based on the number of
289 petition forms gathered or the time within which a number of
290 petition forms are gathered.
291 5. The specific criminal penalties to which a petition
292 circulator may be subject for violating the Florida Election
293 Code.
294 (g) The sponsor of the initiative amendment is liable for a
295 fine in the amount of $50,000 for each person the sponsor
296 knowingly allows to collect petition forms on behalf of the
297 sponsor in violation of this subsection.
298 (5) A sponsor may not compensate a petition circulator
299 based on the number of petition forms gathered or the time
300 within which a number of petition forms are gathered. This
301 prohibition includes, but is not limited to, paying a specified
302 amount per petition form gathered, basing an hourly rate on the
303 number of petition forms gathered over a specified period of
304 time, or providing any other benefit or form of compensation
305 based on the number of petition forms gathered. All petitions
306 collected by a petition circulator must contain, in a format
307 required by the Secretary of State, a completed Petition
308 Circulator’s Affidavit which includes:
309 (a) The circulator’s name and permanent address;
310 (b) The following statement, which must be signed by the
311 circulator:
312
313 By my signature below, as petition circulator, I
314 verify that the petition was signed in my presence.
315 Under penalties of perjury, I declare that I have read
316 the foregoing Petition Circulator’s Affidavit and the
317 facts stated in it are true.
318
319 (6) The division or the supervisor of elections shall make
320 hard copy petition forms or electronic portable document format
321 petition forms available to registered petition circulators. All
322 such forms must contain information identifying the petition
323 circulator to whom which the forms are provided. The division
324 shall maintain a database of all registered petition circulators
325 and the petition forms assigned to each. Each supervisor of
326 elections shall provide to the division information on petition
327 forms assigned to and received from petition circulators. The
328 information must be provided in a format and at times as
329 required by the division by rule. The division must update
330 information on petition forms daily and make the information
331 publicly available.
332 (7)(a) A sponsor that collects petition forms or uses a
333 petition circulator to collect petition forms serves as a
334 fiduciary to the voter elector signing the petition form and
335 shall ensure, ensuring that any petition form entrusted to the
336 sponsor or petition circulator is shall be promptly delivered to
337 the division supervisor of elections within 10 30 days after the
338 voter elector signs the form. If a petition form collected by
339 the sponsor or any petition circulator is not promptly delivered
340 to the division supervisor of elections, the sponsor is liable
341 for the following fines:
342 1. A fine in the amount of $50 per each day late for each
343 petition form received by the division supervisor of elections
344 more than 10 30 days after the voter elector signed the petition
345 form or the next business day, if the office is closed. A fine
346 in the amount of $2,500 $250 for each petition form received if
347 the sponsor or petition circulator acted willfully.
348 2. A fine in the amount of $100 per each day late, up to a
349 maximum of $5,000, for each petition form collected by a sponsor
350 or a petition circulator, signed by a voter on or before
351 February 1 of the year the general election is held and received
352 by the division after the deadline for such election. A fine in
353 the amount of $5,000 for each such petition form received if the
354 sponsor or petition circulator acted willfully.
355 3. A fine in the amount of $500 for each petition form
356 collected by a petition circulator which is not submitted to the
357 division supervisor of elections. A fine in the amount of $5,000
358 $1,000 for any petition form not so submitted if the sponsor or
359 petition circulator acting on its behalf acted willfully.
360 (b) A showing by the sponsor that the failure to deliver
361 the petition form within the required timeframe is based upon
362 force majeure or impossibility of performance is an affirmative
363 defense to a violation of this subsection. The fines described
364 in this subsection may be waived upon a showing that the failure
365 to deliver the petition form promptly is based upon force
366 majeure or impossibility of performance.
367 (8) If a person collecting petition forms on behalf of a
368 sponsor of an initiative petition signs another person’s name or
369 a fictitious name to any petition, or fills in missing
370 information on a signed petition, to secure a ballot position in
371 violation of s. 104.185(2), the sponsor of the initiative
372 petition is liable for a fine in the amount of $5,000 for each
373 such petition.
374 (9) If a person collecting petition forms on behalf of a
375 sponsor of an initiative petition copies or retains a voter’s
376 personal information, such as the voter’s Florida driver license
377 number, Florida identification card number, social security
378 number, or signature, for any reason other than to provide such
379 information to the sponsor of the initiative petition, the
380 person commits a felony of the third degree, punishable as
381 provided in s. 775.082, s. 775.083, or s. 775.084.
382 (10) A sponsor of an initiative petition or a person
383 collecting petition forms on behalf of a sponsor of an
384 initiative petition may not mail or otherwise provide a petition
385 form upon which any information about a voter has been filled in
386 before it is provided to the voter. The sponsor of an initiative
387 petition is liable for a fine in the amount of $50 for each
388 petition form that is a violation of this subsection.
389 (11)(8) If the Secretary of State reasonably believes that
390 a person or entity has committed a violation of this section,
391 the secretary may refer the matter to the Attorney General for
392 enforcement. The Attorney General may institute a civil action
393 for a violation of this section or to prevent a violation of
394 this section. An action for relief may include a permanent or
395 temporary injunction, a restraining order, or any other
396 appropriate order. If the sponsor of an initiative petition
397 discovers a violation of this section and reports the violation
398 as soon as practicable to the secretary, the sponsor may not be
399 fined for such violation.
400 (12)(9) The division shall adopt by rule a complaint form
401 for a voter an elector who claims to have had his or her
402 signature misrepresented, forged, or not delivered to the
403 division supervisor. The division shall also adopt rules to
404 ensure the integrity of the petition form gathering process,
405 including rules requiring sponsors to account for all petition
406 forms used by their agents. Such rules may require a sponsor or
407 petition circulator to provide identification information on
408 each petition form as determined by the department as needed to
409 assist in the accounting of petition forms.
410 (13)(10) The date on which a voter an elector signs a
411 petition form is presumed to be the date on which the petition
412 circulator received or collected the petition form.
413 (14)(a)(11)(a) An initiative petition form circulated for
414 signature may not be bundled with or attached to any other
415 petition. Each signature shall be dated when made and shall be
416 valid until the next February 1 occurring in an even-numbered
417 year for the purpose of the amendment appearing on the ballot
418 for the general election occurring in that same year, provided
419 all other requirements of law are met. The sponsor shall submit
420 signed and dated forms to the division supervisor of elections
421 for the county of residence listed by the person signing the
422 form for verification of the number of valid signatures
423 obtained.
424 (b) The division shall record the date each submitted
425 petition is received. If a signature on a petition is from a
426 registered voter in another county, the division must supervisor
427 shall notify the petition sponsor of the misfiled petition. The
428 division supervisor shall promptly verify the signatures within
429 60 days after receipt of the petition forms and payment and
430 processing of a fee for the actual cost of signature
431 verification incurred by the division supervisor. However, for
432 petition forms submitted less than 60 days before February 1 of
433 an even-numbered year, the division supervisor shall promptly
434 verify the signatures within 30 days after receipt of the form
435 and payment of the fee for signature verification.
436 (c) Beginning July 1, 2025, the division supervisor shall
437 promptly record, in the manner prescribed by the Secretary of
438 State, the date each form is received by the division
439 supervisor, and the date the signature on the form is verified
440 as valid. The division supervisor may verify that the signature
441 on a form is valid only if:
442 1. The form contains the original signature of the
443 purported voter elector.
444 2. The purported voter elector has accurately recorded on
445 the form the date on which he or she signed the form.
446 3. The form sets forth the purported voter’s: elector’s
447 a. Full name;,
448 b. Address and, city, county of residence;, and
449 c. Voter registration number or date of birth; and
450 d. Florida driver license or Florida identification card
451 number issued pursuant to s. 322.051 or the last four digits of
452 the voter’s social security number.
453 4. The purported voter elector is, at the time he or she
454 signs the form and at the time the form is verified, a duly
455 qualified and registered voter elector in the state.
456 5. The signature was obtained legally, including that if a
457 paid petition circulator was used, the circulator was validly
458 registered under subsection (4) (3) when the signature was
459 obtained.
460
461 The supervisor shall retain all signature forms, separating
462 forms verified as valid from those deemed invalid, for at least
463 1 year following the election for which the petition was
464 circulated.
465 (d)1.(b) On the last day of each month, or on the last day
466 of each week from December 1 of an odd-numbered year through
467 February 1 of the following year, the division shall
468 electronically store all received petition forms. The digital
469 images of the scanned petition forms must be of high enough
470 quality that division personnel are able to accurately discern
471 elements contained in such forms. Forms must be identified as
472 valid or as invalid.
473 2. The division shall retain all petition forms,
474 identifying forms verified as valid from those deemed invalid,
475 until all petition forms have been processed following the
476 February 1 deadline. The division shall retain all petition
477 forms for 1 year following the election for which the petition
478 was circulated.
479 (e) Beginning October 1, 2025, when the signature on the
480 petition form is verified as valid, the division shall, as soon
481 as practicable, notify the voter by mail at the mailing address
482 on file in the Florida Voter Registration System.
483 1. Such notice must be sent by forwardable mail with a
484 postage prepaid preaddressed form, which may be returned to the
485 Office of Election Crimes and Security. The notice must include
486 contact information for the Office of Election Crimes and
487 Security, including the telephone number, fax number, mailing
488 address, and e-mail address. The notice must include all of the
489 following statements or information in substantially the
490 following form:
491
492 NOTICE
493
494 A petition to place a proposed constitutional
495 amendment on the ballot for the next general election,
496 bearing your name and signature, has been received and
497 verified by the Division of Elections.
498
499 The petition is for ...(insert the petition serial
500 number and ballot title)... and was signed on
501 ...(insert the date the voter signed the petition)....
502
503 Check this box ☐, sign, and return this notice to the
504 Office of Election Crimes and Security if you believe
505 your signature has been misrepresented or forged on a
506 petition. The petition form in question will be
507 invalidated and will not be counted toward the number
508 of signatures required to place this proposed
509 constitutional amendment on the ballot.
510
511 A notice being returned must be received by the Office
512 of Election Crimes and Security on or before February
513 1 ... (insert the year in which the general election
514 is held)....
515
516 ...(Insert the voter’s Florida voter registration
517 number, and if applicable, the petition circulator’s
518 number)....
519
520 By signing below, I swear or affirm that my signature
521 was misrepresented or forged on the petition form
522 indicated in this notice.
523
524 ...(Voter’s Signature)... ...(Date)...
525
526 This notice becomes a public record upon receipt by
527 the Office of Election Crimes and Security. It is a
528 second degree misdemeanor, punishable as provided in
529 s. 775.082, Florida Statutes, or s. 772.083, Florida
530 Statutes, for a person to knowingly make a false
531 official statement pursuant to s. 837.06, Florida
532 Statutes.
533
534 2. Upon receiving a completed notice, the Office of
535 Election Crimes and Security shall transmit a copy of such
536 notices to the division. The division shall deem the voter’s
537 petition form invalid.
538 (f) The division Each supervisor shall post the actual cost
539 of signature verification for petition forms received more than
540 60 days before February 1 of an even-numbered year and for
541 petition forms received less than 60 days before February 1 of
542 an even-numbered year on its his or her website, and may
543 increase such cost, as necessary, annually on March 1 February 2
544 of each even-numbered year. These costs include operating and
545 personnel costs associated with comparing signatures and
546 printing and all postage costs related to the verification
547 notice required by paragraph (e). The division shall also
548 publish each county’s current cost on its website. The division
549 and each supervisor shall biennially review available technology
550 aimed at reducing verification costs.
551 (g)(c) On the last day of each month, or on the last day of
552 each week from December 1 of an odd-numbered year through
553 February 1 of the following year, the division each supervisor
554 shall post on its his or her website the total number of
555 signatures submitted, the total number of invalid signatures,
556 the total number of signatures processed, and the aggregate
557 number of verified valid signatures and the distribution of such
558 signatures by congressional district for each proposed amendment
559 proposed by initiative, along with the following information
560 specific to the reporting period: the total number of signed
561 petition forms received, the total number of signatures
562 verified, the distribution of verified valid signatures by
563 congressional district, and the total number of verified
564 petition forms forwarded to the Secretary of State. For any
565 reporting period in which the percentage of petition forms
566 deemed invalid by the division exceeds a total of 25 percent of
567 the petition forms received by the division for that reporting
568 period, the division shall notify the Office of Election Crimes
569 and Security. The Office of Election Crimes and Security shall
570 conduct a preliminary investigation into the activities of the
571 sponsor, one or more petition circulators, or a person
572 collecting petition forms on behalf of a sponsor, to determine
573 whether the invalidated petitions are a result of fraud or any
574 other violation of this section. As authorized by ss. 97.012(15)
575 and 97.022(1), the Office of Elections Crimes and Security may,
576 if warranted, report findings to the statewide prosecutor or the
577 state attorney for the judicial circuit in which the alleged
578 violation occurred for prosecution.
579 (h) A signed petition form submitted by an ineligible or
580 unregistered petition circulator must be invalidated and may not
581 be counted toward the number of necessary signatures for
582 placement on the ballot.
583 (15)(12) The Secretary of State shall determine from the
584 signatures verified by the division supervisors of elections the
585 total number of verified valid signatures, less any signatures
586 that were invalidated pursuant to subsection (14), and the
587 distribution of such signatures by congressional districts, and
588 the division shall post such information on its website at the
589 same intervals specified in paragraph (14)(g) (11)(c). Upon a
590 determination that the requisite number and distribution of
591 valid signatures have been obtained, the secretary shall issue a
592 certificate of ballot position for that proposed amendment and
593 shall assign a designating number pursuant to s. 101.161. The
594 secretary must rescind the certificate of ballot position if an
595 advisory opinion issued by the Supreme Court pursuant to s.
596 16.061(1) deems the initiative petition invalid.
597 (16)(a)(13)(a) Upon receipt of a proposed revision or
598 amendment from the Secretary of State, the coordinator of the
599 Office of Economic and Demographic Research shall contact the
600 person identified as the sponsor to request an official list of
601 all persons authorized to speak on behalf of the named sponsor
602 and, if there is one, the sponsoring organization at meetings
603 held by the Financial Impact Estimating Conference. All other
604 persons must be deemed interested parties or proponents or
605 opponents of the initiative. The Financial Impact Estimating
606 Conference shall provide an opportunity for any representative
607 of the sponsor, interested parties, and proponents or opponents
608 of the initiative to submit information and may solicit
609 information or analysis from any other entities or agencies,
610 including the Office of Economic and Demographic Research At the
611 same time the Secretary of State submits an initiative petition
612 to the Attorney General pursuant to s. 15.21, the secretary
613 shall submit a copy of the initiative petition to the Financial
614 Impact Estimating Conference.
615 (b) Within 75 days after receipt of a proposed revision or
616 amendment to the State Constitution by initiative petition from
617 the Secretary of State, the Financial Impact Estimating
618 Conference shall complete an analysis and financial impact
619 statement to be placed on the ballot of the estimated increase
620 or decrease in any revenues or costs to state or local
621 governments and the overall impact to the state budget resulting
622 from the proposed initiative. The 75-day time limit is tolled
623 when the Legislature is in session. The Financial Impact
624 Estimating Conference shall submit the financial impact
625 statement to the Attorney General and Secretary of State. If the
626 initiative petition has been submitted to the Financial Impact
627 Estimating Conference but the validity of signatures has expired
628 and the initiative petition no longer qualifies for ballot
629 placement at the ensuing general election, the Secretary of
630 State must notify the Financial Impact Estimating Conference.
631 The Financial Impact Estimating Conference does is not required
632 to complete an analysis and financial impact statement for an
633 initiative petition that fails to meet the requirements of
634 subsection (1) for placement on the ballot before the 75-day
635 time limit, including any tolling period, expires, the ballot
636 must include the statement required by s. 101.161(1)(e). The
637 initiative petition may be resubmitted to the Financial Impact
638 Estimating Conference if the initiative petition meets the
639 requisite criteria for a subsequent general election cycle. A
640 new Financial Impact Estimating Conference shall be established
641 at such time as the initiative petition again satisfies the
642 criteria in s. 15.21(1).
643 (b) Immediately upon receipt of a proposed revision or
644 amendment from the Secretary of State, the coordinator of the
645 Office of Economic and Demographic Research shall contact the
646 person identified as the sponsor to request an official list of
647 all persons authorized to speak on behalf of the named sponsor
648 and, if there is one, the sponsoring organization at meetings
649 held by the Financial Impact Estimating Conference. All other
650 persons shall be deemed interested parties or proponents or
651 opponents of the initiative. The Financial Impact Estimating
652 Conference shall provide an opportunity for any representatives
653 of the sponsor, interested parties, proponents, or opponents of
654 the initiative to submit information and may solicit information
655 or analysis from any other entities or agencies, including the
656 Office of Economic and Demographic Research.
657 (c) The Financial Impact Estimating Conference may be
658 convened only by the President of the Senate and the Speaker of
659 the House of Representatives, jointly. All meetings of the
660 Financial Impact Estimating Conference shall be open to the
661 public. The President of the Senate and the Speaker of the House
662 of Representatives, jointly, shall be the sole judge for the
663 interpretation, implementation, and enforcement of this
664 subsection.
665 1. The Financial Impact Estimating Conference is
666 established to review, analyze, and estimate the financial
667 impact of amendments to or revisions of the State Constitution
668 proposed by initiative. The Financial Impact Estimating
669 Conference shall be composed consist of four principals: one
670 person from the professional staff of the Executive Office of
671 the Governor or from a state agency, designated by the Governor;
672 the coordinator of the Office of Economic and Demographic
673 Research, or his or her designee; one person from the
674 professional staff of the Senate, designated by the President of
675 the Senate; and one person from the professional staff of the
676 House of Representatives, designated by the Speaker of the House
677 of Representatives. Each principal shall have appropriate fiscal
678 expertise in the subject matter of the initiative. A Financial
679 Impact Estimating Conference may be appointed for each
680 initiative.
681 2. Principals of the Financial Impact Estimating Conference
682 shall reach a consensus or majority concurrence on a clear and
683 unambiguous financial impact statement, no more than 150 words
684 in length, and immediately submit the statement to the Attorney
685 General. Nothing in this subsection prohibits the Financial
686 Impact Estimating Conference from setting forth a range of
687 potential impacts in the financial impact statement. Any
688 financial impact statement that a court finds not to be in
689 accordance with this section shall be remanded solely to the
690 Financial Impact Estimating Conference for redrafting. The
691 Financial Impact Estimating Conference shall redraft the
692 financial impact statement within 15 days.
693 3. If the Supreme Court has rejected the initial submission
694 by the Financial Impact Estimating Conference and no redraft has
695 been approved by the Supreme Court by 5 p.m. on the 75th day
696 before the election, the following statement shall appear on the
697 ballot: “The impact of this measure, if any, has not been
698 determined at this time.”
699 (d) The financial impact statement must be separately
700 contained on the petition form and the ballot and be set forth
701 after the ballot summary as required in s. 101.161(1).
702 1. If the financial impact statement projects a net
703 negative impact on the state budget, the ballot must include the
704 statement required by s. 101.161(1)(b).
705 2. If the financial impact statement projects a net
706 positive impact on the state budget, the ballot must include the
707 statement required by s. 101.161(1)(c).
708 3. If the financial impact statement estimates an
709 indeterminate financial impact or if the members of the
710 Financial Impact Estimating Conference are unable to agree on
711 the statement required by this subsection, the ballot must
712 include the statement required by s. 101.161(1)(d).
713 4. If the financial impact statement was not produced or if
714 the Financial Impact Estimating Conference did not meet to
715 produce the financial statement, the ballot must include the
716 statement required by s. 101.161(1)(e).
717 (e)1. Any financial impact statement that the Supreme Court
718 finds not to be in accordance with this subsection shall be
719 remanded solely to the Financial Impact Estimating Conference
720 for redrafting, provided the court’s advisory opinion is
721 rendered at least 75 days before the election at which the
722 question of ratifying the amendment will be presented. The
723 Financial Impact Estimating Conference shall prepare and adopt a
724 revised financial impact statement no later than 5 p.m. on the
725 15th day after the date of the court’s opinion. The sponsor of
726 the initiative must refile the petition with the revised
727 financial impact statement with the Secretary of State as a new
728 petition.
729 2. If, by 5 p.m. on the 75th day before the election, the
730 Supreme Court has not issued an advisory opinion on the initial
731 financial impact statement prepared by the Financial Impact
732 Estimating Conference for an initiative amendment that otherwise
733 meets the legal requirements for ballot placement, the financial
734 impact statement shall be deemed approved for placement on the
735 ballot.
736 (f)3. In addition to the financial impact statement
737 required by this subsection, the Financial Impact Estimating
738 Conference shall draft an initiative financial information
739 statement. The initiative financial information statement should
740 describe in greater detail than the financial impact statement
741 any projected increase or decrease in revenues or costs that the
742 state or local governments would likely experience if the ballot
743 measure were approved. If appropriate, the initiative financial
744 information statement may include both estimated dollar amounts
745 and a description placing the estimated dollar amounts into
746 context. The initiative financial information statement must
747 include both a summary of not more than 500 words and additional
748 detailed information that includes the assumptions that were
749 made to develop the financial impacts, workpapers, and any other
750 information deemed relevant by the Financial Impact Estimating
751 Conference.
752 (g)4. The Department of State shall have printed, and shall
753 furnish to each supervisor of elections, a copy of the summary
754 from the initiative financial information statements. The
755 supervisors shall have the summary from the initiative financial
756 information statements available at each polling place and at
757 the main office of the supervisor of elections upon request.
758 (h)5. The Secretary of State and the Office of Economic and
759 Demographic Research shall make available on the Internet each
760 initiative financial information statement in its entirety. In
761 addition, each supervisor of elections whose office has a
762 website shall post the summary from each initiative financial
763 information statement on the website. Each supervisor shall
764 include a copy of each summary from the initiative financial
765 information statements and the Internet addresses for the
766 information statements on the Secretary of State’s and the
767 Office of Economic and Demographic Research’s websites in the
768 publication or mailing required by s. 101.20.
769 (17)(14) The Department of State may adopt rules in
770 accordance with s. 120.54 to implement this section carry out
771 the provisions of subsections (1)-(14).
772 (18)(15) No provision of this code shall be deemed to
773 prohibit a private person exercising lawful control over
774 privately owned property, including property held open to the
775 public for the purposes of a commercial enterprise, from
776 excluding from such property persons seeking to engage in
777 activity supporting or opposing initiative amendments.
778 Section 7. (1) By July 1, 2025, the Department of State
779 shall update the forms as required by the amendments made to s.
780 100.371(3), Florida Statutes, for any proposed amendments
781 received before July 1, 2025.
782 (2)(a) By June 1, 2025, the Department of State shall make
783 available a new petition circulator application to incorporate
784 the amendments made to s. 100.371(4), Florida Statutes.
785 (b)1. Effective July 1, 2025, the registration of each
786 petition circulator expires.
787 2. No later than 7 days after this section becomes law, the
788 Department of State shall notify each petition circulator that
789 his or her registration expires on July 1, 2025, and that he or
790 she may reregister by completing a new application that will be
791 available before the current registration expires.
792 (c) By June 1, 2025, the Department of State shall develop
793 the training required by s. 100.371(4)(f), Florida Statutes.
794 (3) No later than October 1, 2025, the division may
795 increase the cost of signature verification pursuant to the
796 amendments made to s. 100.371(14)(f), Florida Statutes. The
797 division shall post the cost of signature verification on its
798 publicly available website as soon as such cost is determined.
799 Section 8. Paragraph (a) of subsection (1) of section
800 101.161, Florida Statutes, is amended, and paragraph (e) is
801 added to that subsection, to read:
802 101.161 Referenda; ballots.—
803 (1) Whenever a constitutional amendment or other public
804 measure is submitted to the vote of the people, a ballot summary
805 of such amendment or other public measure shall be printed in
806 clear and unambiguous language on the ballot after the list of
807 candidates, followed by the word “yes” and also by the word
808 “no,” and shall be styled in such a manner that a “yes” vote
809 will indicate approval of the proposal and a “no” vote will
810 indicate rejection. The ballot summary of the amendment or other
811 public measure and the ballot title to appear on the ballot
812 shall be embodied in the constitutional revision commission
813 proposal, constitutional convention proposal, taxation and
814 budget reform commission proposal, or enabling resolution or
815 ordinance. The ballot summary of the amendment or other public
816 measure shall be an explanatory statement, not exceeding 75
817 words in length, of the chief purpose of the measure. In
818 addition, for every constitutional amendment proposed by
819 initiative, the ballot shall include, following the ballot
820 summary, in the following order:
821 (a) A separate financial impact statement concerning the
822 measure prepared by the Financial Impact Estimating Conference
823 in accordance with s. 100.371(16) s. 100.371(13).
824 (e) If the financial impact statement was not produced or
825 if the Financial Impact Estimating Conference did not meet to
826 produce the financial impact statement, the following statement
827 in bold print:
828
829 THE FINANCIAL IMPACT OF THIS AMENDMENT, IF ANY, HAS
830 NOT BEEN DETERMINED AT THIS TIME.
831
832 The ballot title shall consist of a caption, not exceeding 15
833 words in length, by which the measure is commonly referred to or
834 spoken of. This subsection does not apply to constitutional
835 amendments or revisions proposed by joint resolution.
836 Section 9. Subsection (2) of section 102.111, Florida
837 Statutes, is amended to read:
838 102.111 Elections Canvassing Commission.—
839 (2) The Elections Canvassing Commission shall meet at 8
840 a.m. on the 9th day after a primary election and at 8 a.m. on
841 the 14th day after a general election to certify the returns of
842 the election for each federal, state, and multicounty office and
843 for each constitutional amendment. If a member of a county
844 canvassing board that was constituted pursuant to s. 102.141
845 determines, within 5 days after the certification by the
846 Elections Canvassing Commission, that a typographical error
847 occurred in the official returns of the county, the correction
848 of which could result in a change in the outcome of an election,
849 the county canvassing board must certify corrected returns to
850 the Department of State within 24 hours, and the Elections
851 Canvassing Commission must correct and recertify the election
852 returns as soon as practicable.
853 Section 10. Section 102.121, Florida Statutes, is amended
854 to read:
855 102.121 Elections Canvassing Commission to issue
856 certificates.—The Elections Canvassing Commission shall make and
857 sign separate certificates of the result of the election for
858 federal officers, and state officers, and constitutional
859 amendments, which certificates must shall be written and contain
860 the total number of votes cast for and against each person for
861 each office and the total number of votes cast for and against
862 each constitutional amendment. The certificates, the one
863 including the result of the election for presidential electors
864 and representatives to Congress, and the other including the
865 result of the election for state officers, shall be recorded in
866 the Department of State in a book to be kept for that purpose.
867 Section 11. Subsections (1), (3), and (4) of section
868 102.168, Florida Statutes, are amended to read:
869 102.168 Contest of election.—
870 (1) Except as provided in s. 102.171, the certification of
871 election or nomination of any person to office, or of the
872 adoption of a constitutional amendment or the result on any
873 question submitted by referendum, may be contested in the
874 circuit court by any unsuccessful candidate for such office or
875 nomination thereto or by any voter elector qualified to vote in
876 the election related to such candidacy or constitutional
877 amendment, or by any taxpayer, respectively.
878 (3) The complaint must shall set forth the grounds on which
879 the contestant intends to establish his or her right to such
880 office; or set aside the result of the election on a submitted
881 referendum or constitutional amendment. The grounds for
882 contesting an election or a constitutional amendment under this
883 section are:
884 (a) Misconduct, fraud, or corruption on the part of any
885 election official or any member of the canvassing board
886 sufficient to change or place in doubt the result of the
887 election.
888 (b) Ineligibility of the successful candidate for the
889 nomination or office in dispute or of the proposed
890 constitutional amendment for placement on the ballot.
891 (c) Receipt of a number of illegal votes or rejection of a
892 number of legal votes sufficient to change or place in doubt the
893 result of the election.
894 (d) Proof that any voter elector, election official, or
895 canvassing board member was given or offered a bribe or reward
896 in money, property, or any other thing of value for the purpose
897 of procuring the successful candidate’s nomination or election
898 or determining the result on any question submitted by
899 referendum or constitutional amendment.
900 (4) The canvassing board responsible for canvassing the
901 election is an indispensable party defendant in county and local
902 elections. The Elections Canvassing Commission is an
903 indispensable party defendant in federal, state, and multicounty
904 elections, in elections for constitutional amendments, and in
905 elections for justice of the Supreme Court, judge of a district
906 court of appeal, and judge of a circuit court. The successful
907 candidate is an indispensable party to any action brought to
908 contest the election or nomination of a candidate. The sponsor
909 of a constitutional amendment proposed by initiative petition,
910 identified pursuant to s. 100.371, is an indispensable party to
911 any action brought to contest such election.
912 Section 12. Subsection (2) of section 104.185, Florida
913 Statutes, is amended to read:
914 104.185 Petitions; knowingly signing more than once;
915 signing another person’s name or a fictitious name.—
916 (2) A person who signs another person’s name or a
917 fictitious name to any petition, or who fills in missing
918 information on a signed petition, to secure ballot position for
919 a candidate, a minor political party, or an issue commits a
920 felony of the third degree, punishable as provided in s.
921 775.082, s. 775.083, or s. 775.084.
922 Section 13. Section 104.186, Florida Statutes, is amended
923 to read:
924 104.186 Initiative petitions; violations.—A person who
925 compensates a petition circulator as defined in s. 97.021 based
926 on the number of petition forms gathered, as prohibited by s.
927 100.371(5), commits a felony of the third degree, punishable as
928 provided in s. 775.082, s. 775.083, or s. 775.084. This section
929 does not prohibit employment relationships that do not base
930 payment on the number of signatures collected.
931 Section 14. Section 104.187, Florida Statutes, is amended
932 to read:
933 104.187 Initiative petitions; registration.—A person who
934 violates s. 100.371(4)(a) s. 100.371(3) commits a misdemeanor of
935 the second degree, punishable as provided in s. 775.082 or s.
936 775.083.
937 Section 15. Effective July 1, 2025, section 104.188,
938 Florida Statutes, is created to read:
939 104.188 Petition forms gathered from immediate family;
940 violations.—
941 (1) For the purposes of this section, the term “immediate
942 family” means a person’s spouse or the parent, child,
943 grandparent, grandchild, or sibling of the person or the
944 person’s spouse.
945 (2) A person who collects, delivers, or otherwise
946 physically possesses more than five signed petition forms in
947 addition to his or her own signed petition form or a signed
948 petition form belonging to an immediate family member, and who
949 is not registered as a petition circulator pursuant to s.
950 100.371(4)(a), commits a felony of the third degree, punishable
951 as provided in s. 775.082, s. 775.083, or s. 775.084.
952 (3) This section may not be construed to prohibit a person
953 from distributing petition forms designed for personal use as
954 described in s. 100.371(3)(e).
955 Section 16. Section 106.151, Florida Statutes, is created
956 to read:
957 106.151 Use of public funds prohibited.—
958 (1) As used in this section, the term “public funds” means
959 all moneys under the jurisdiction or control of the state
960 government.
961 (2) The state government or any person acting on behalf of
962 the state government may not expend or authorize the expenditure
963 of, and a person or group may not accept, public funds for a
964 political advertisement or any other communication sent to
965 electors concerning any proposed constitutional amendment or
966 revision that is subject to a vote of the electors. This
967 subsection applies to a communication initiated by the state
968 government or a person acting on behalf of the state government,
969 irrespective of whether the communication is limited to factual
970 information or advocates for the passage or defeat of a proposed
971 constitutional amendment or revision. This subsection does not
972 preclude the state government or a person acting on behalf of
973 the state government from reporting on official actions of the
974 state government in an accurate, fair, and impartial manner;
975 posting factual information on a government website or in
976 printed materials; hosting and providing information at a public
977 forum; providing factual information in response to an inquiry;
978 or providing information as otherwise authorized or required by
979 law.
980 (3) With the exception of the prohibitions specified in
981 subsection (2), this section does not preclude an elected
982 official of the state government from expressing an opinion on
983 any issue at any time.
984 Section 17. Subsection (3) of section 106.19, Florida
985 Statutes, is amended to read:
986 106.19 Violations by candidates, persons connected with
987 campaigns, and political committees.—
988 (3) A political committee sponsoring a constitutional
989 amendment proposed by initiative which submits a petition form
990 gathered by a paid petition circulator which does not provide
991 the name and address of the paid petition circulator on the form
992 is subject to the civil penalties prescribed in s. 106.265.
993 Section 18. Paragraph (c) of subsection (1) of section
994 212.055, Florida Statutes, is amended to read:
995 212.055 Discretionary sales surtaxes; legislative intent;
996 authorization and use of proceeds.—It is the legislative intent
997 that any authorization for imposition of a discretionary sales
998 surtax shall be published in the Florida Statutes as a
999 subsection of this section, irrespective of the duration of the
1000 levy. Each enactment shall specify the types of counties
1001 authorized to levy; the rate or rates which may be imposed; the
1002 maximum length of time the surtax may be imposed, if any; the
1003 procedure which must be followed to secure voter approval, if
1004 required; the purpose for which the proceeds may be expended;
1005 and such other requirements as the Legislature may provide.
1006 Taxable transactions and administrative procedures shall be as
1007 provided in s. 212.054.
1008 (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
1009 SURTAX.—
1010 (c)1. The proposal to adopt a discretionary sales surtax as
1011 provided in this subsection and to create a trust fund within
1012 the county accounts must shall be placed on the ballot in
1013 accordance with law and must be approved in a referendum held at
1014 a general election in accordance with subsection (10).
1015 2. If the proposal to adopt a surtax is by initiative, the
1016 petition sponsor must, at least 180 days before the proposed
1017 referendum, comply with all of the following:
1018 a. Provide a copy of the final resolution or ordinance to
1019 the Office of Program Policy Analysis and Government
1020 Accountability. The Office of Program Policy Analysis and
1021 Government Accountability shall procure a certified public
1022 accountant in accordance with subsection (11) for the
1023 performance audit.
1024 b. File the initiative petition and its required valid
1025 signatures with the division supervisor of elections. The
1026 division supervisor of elections shall verify signatures and
1027 retain signature forms in
1028
1029 ================= T I T L E A M E N D M E N T ================
1030 And the title is amended as follows:
1031 Delete lines 1101 - 1315
1032 and insert:
1033 General; conforming provisions to changes made by the
1034 act; conforming a cross-reference; amending s. 16.061,
1035 F.S.; revising the criteria that the Attorney General
1036 uses when petitioning the Supreme Court for an
1037 advisory opinion related to a proposed revision or
1038 amendment to the State Constitution; requiring that a
1039 copy of the petition form be provided to the sponsor
1040 of the initiative petition; conforming a cross
1041 reference; making a technical change; amending s.
1042 97.021, F.S.; revising the definition of the term
1043 “petition circulator”; reenacting and amending s.
1044 99.097, F.S.; conforming a cross-reference; conforming
1045 provisions to changes made by the act; amending s.
1046 100.371, F.S.; requiring the sponsor of an initiative
1047 petition to obtain a certain letter periodically;
1048 providing that a failure to obtain such letter results
1049 in the expiration of the initiative’s signatures and
1050 disbanding of the sponsor’s political committee;
1051 providing that certain initiative petition signatures
1052 expire and that the sponsor’s political committee is
1053 disbanded under specified conditions; providing that
1054 such sponsor is not precluded from refiling the
1055 proposed amendment as a new petition; prohibiting a
1056 sponsor from sponsoring more than one initiative
1057 amendment; requiring a sponsor to register as a
1058 political committee and submit the ballot title,
1059 ballot summary, article and section of the State
1060 Constitution being amended, and full text of the
1061 proposed amendment to the Secretary of State;
1062 requiring that all information be available in
1063 alternative formats upon request; requiring the
1064 secretary to assign a petition number and submit a
1065 copy of the proposed amendment to the Financial Impact
1066 Estimating Conference for review, analysis, and a
1067 certain estimate; requiring the Division of Elections
1068 to publish the forms on which petition signatures must
1069 be fixed; deleting a requirement that the secretary
1070 adopt certain rules; providing requirements, which are
1071 effective on a specified date, for the petition forms;
1072 prohibiting persons, beginning on a specified date,
1073 from collecting, delivering, or otherwise physically
1074 possessing more than a specified number of signed
1075 petition forms if they have not registered with the
1076 Secretary of State as a petition circulator and have
1077 not been issued a petition circulator number;
1078 authorizing specified persons to collect signed
1079 petitions forms from their immediate family under
1080 specified circumstances; providing construction;
1081 defining the term “immediate family”; prohibiting
1082 certain persons from collecting signatures or
1083 initiative petitions; requiring that applications for
1084 registration include specified information;
1085 authorizing citizens to challenge a petition
1086 circulator’s registration by filing a petition in
1087 circuit court; authorizing the court to enjoin the
1088 petition circulator from collecting signatures or
1089 petition forms until registered; authorizing the
1090 division to revoke a petition circulator’s
1091 registration under specified circumstances;
1092 prohibiting persons from registering to collect
1093 signatures or initiative petitions until they complete
1094 a required training; providing the requirements for
1095 such training; providing civil penalties for the
1096 sponsors of initiative amendments that knowingly allow
1097 persons to collect petition forms on their behalf and
1098 violate specified provisions; prohibiting a sponsor
1099 from compensating a petition circulator based on the
1100 number of petition forms gathered or the time within
1101 which such forms are gathered; providing construction;
1102 requiring the division to make forms available to
1103 registered petition circulators in a certain format;
1104 deleting a requirement that supervisors of elections
1105 provide the division information on petition forms
1106 assigned to petition circulators; requiring sponsors
1107 to deliver forms promptly to the division within a
1108 specified timeframe after the form is signed; revising
1109 the civil penalties for failing to deliver forms
1110 within the prescribed timeframes; providing civil
1111 penalties for the sponsors of petitions if the person
1112 collecting petition forms on behalf of the sponsor
1113 signs the name of another, signs a fictitious name, or
1114 fills in missing information on the signed petition
1115 form; providing criminal penalties for persons who,
1116 while collecting petition forms, copy or retain a
1117 voter’s personal identifying information for a reason
1118 other than to provide such information to the sponsor
1119 of an initiative petition; providing civil penalties
1120 for sponsors who mail or provide prefilled initiative
1121 petitions; providing that sponsors that discover and
1122 report a violation as soon as practicable may not be
1123 fined for such violation; requiring the division to
1124 adopt specified rules; requiring the sponsor to submit
1125 signed and dated forms to the division; requiring the
1126 division to record the date a submitted petition is
1127 received; requiring the division to notify the
1128 petition sponsor of any misfiled petition; requiring
1129 the division to verify signatures within a specified
1130 timeframe; revising the conditions under which the
1131 division verifies signatures to include processing of
1132 a certain fee; requiring the division, beginning on a
1133 specified date, to promptly record, in a specified
1134 manner, the date each form is received and the date
1135 the form is verified as valid; revising the conditions
1136 under which the division may verify a signature on an
1137 initiative petition form; requiring the division to
1138 electronically store, in a specified manner, all
1139 received petition forms; requiring that such forms be
1140 identified as valid or invalid; requiring the division
1141 to retain all petition forms and identify those forms
1142 verified as valid from those deemed invalid until such
1143 forms are processed; requiring the division to retain
1144 such forms for a specified timeframe; requiring the
1145 division to send a notice, which may be returned to
1146 the Office of Election Crimes and Security, to voters
1147 after their signature is verified, beginning on a
1148 specified date; providing requirements for such
1149 notice; requiring the Office of Election Crimes and
1150 Security to transmit copies of returned notices, upon
1151 receipt, to the division; requiring the division to
1152 deem the voter petition form invalid if a completed
1153 notice is received; providing that the division is
1154 required to post on its website the actual costs of
1155 signature verification for all petition forms, and
1156 that it may increase such costs annually by a
1157 specified date; specifying that such costs include
1158 costs related to certain actions; requiring the
1159 division to notify the Office of Election Crimes and
1160 Security under a specified condition; requiring the
1161 office to conduct specified preliminary
1162 investigations; authorizing the office to report
1163 findings of such investigations to the statewide
1164 prosecutor or a certain state attorney; providing that
1165 a signed petition form submitted by an ineligible or
1166 unregistered petition circulator must be invalidated;
1167 revising information related to signature verification
1168 which must be posted on the division’s website;
1169 requiring the Secretary of State to rescind the
1170 certificate of ballot position if an advisory opinion
1171 from the Supreme Court deems the initiative petition
1172 invalid; requiring the Financial Impact Estimating
1173 Conference to submit the financial impact statement to
1174 the Secretary of State; requiring that a certain
1175 statement be included on the ballot if the conference
1176 does not complete an analysis and financial impact
1177 statement within a specified timeframe; providing that
1178 only the President of the Senate and the Speaker of
1179 the House of Representatives, jointly, may convene the
1180 conference; revising the membership of the conference;
1181 deleting a provision authorizing the court to remand
1182 the financial impact statement to the conference to be
1183 redrafted; requiring that such statement appear on the
1184 petition form and ballot; requiring a sponsor to
1185 refile a petition as a new petition under certain
1186 circumstances; deleting a provision that deems
1187 financial impact statements approved for placement on
1188 the ballot under certain circumstances; requiring the
1189 Department of State to update petition forms by a
1190 specified date; requiring the department to make the
1191 petition circulator application available by a
1192 specified date; providing that each petition
1193 circulator registration expires on a specified date;
1194 requiring the department to notify such petition
1195 circulators of the expiration of their registration by
1196 a specified date; requiring the department to develop
1197 a certain training within a specified timeframe;
1198 authorizing the division to increase the costs of
1199 signature verification before a specified date;
1200 requiring the division to post such cost on its
1201 publicly available websites as soon as the cost is
1202 determined; amending s. 101.161, F.S.; requiring that
1203 a certain statement be included on the ballot if a
1204 financial impact statement was not produced or the
1205 Financial Impact Estimating Conference did not meet to
1206 produce one; conforming a cross-reference; amending s.
1207 102.111, F.S.; requiring the Elections Canvassing
1208 Commission to certify the returns of constitutional
1209 amendments; amending s. 102.121, F.S.; requiring the
1210 commission to make and sign separate certificates for
1211 constitutional amendments; providing requirements for
1212 such certificates; amending s. 102.168, F.S.;
1213 providing for standing to contest the adoption of a
1214 constitutional amendment by any qualified voter or
1215 taxpayer; revising the grounds on which such parties
1216 may contest an election or a constitutional amendment;
1217 providing that the commission and the sponsor of the
1218 amendment are indispensable parties in any such
1219 action; amending s. 104.185, F.S.; providing criminal
1220 penalties for persons who fill in missing information
1221 on a signed petition form to secure a ballot position
1222 for a candidate, a minor political party, or an issue;
1223 amending s. 104.186, F.S.; providing criminal
1224 penalties for persons who compensate others based on
1225 the number of petition forms gathered, as prohibited
1226 by a specified section; amending s. 104.187, F.S.;
1227 conforming a cross-reference; creating s. 104.188,
1228 F.S.; defining the term “immediate family”; providing
1229 criminal penalties for certain persons who collect,
1230 deliver, or otherwise physically possess more than a
1231 certain number of signed petition forms other than
1232 their own or forms belonging to an immediate family
1233 member; providing construction; creating s. 106.151,
1234 F.S.; defining the term “public funds”; prohibiting an
1235 entity of state government or a person acting on
1236 behalf of such entity from expending or authorizing
1237 the expenditure of public funds for political
1238 advertisements or other communications sent to
1239 electors concerning a proposed constitutional
1240 amendment or revision; providing applicability;
1241 providing construction; amending s. 106.19, F.S.;
1242 providing that political committees sponsoring a
1243 constitutional amendment are liable for specified
1244 civil fines for submitting petition forms that do not
1245 provide the name and address of the petition
1246 circulator gathering such forms, regardless of whether
1247 the petition circulator is paid; amending s. 212.055,
1248 F.S.; conforming a provision to changes made by the
1249 act; conforming a cross-reference; amending s.