Florida Senate - 2025 CS for SB 7016
By the Committees on Fiscal Policy; and Ethics and Elections;
and Senators Gaetz and Grall
594-03411-25 20257016c1
1 A bill to be entitled
2 An act relating to amendments to the State
3 Constitution; providing legislative findings and
4 intent; amending s. 15.21, F.S.; requiring the
5 Secretary of State to have received the ballot summary
6 and the full text of the proposed revision or
7 amendment to the State Constitution from the sponsor
8 and to have received the financial impact statement
9 from the Financial Impact Estimating Conference before
10 submitting an initiative petition to the Attorney
11 General; conforming a cross-reference; amending s.
12 16.061, F.S.; revising the criteria that the Attorney
13 General uses when petitioning the Supreme Court for an
14 advisory opinion related to a proposed revision or
15 amendment to the State Constitution; requiring that a
16 copy of the petition form be provided to the sponsor
17 of the initiative petition; conforming a cross
18 reference; making a technical change; amending s.
19 97.021, F.S.; revising the definition of the term
20 “petition circulator”; reenacting and amending s.
21 99.097, F.S.; conforming a cross-reference; conforming
22 provisions to changes made by the act; amending s.
23 100.371, F.S.; requiring the sponsor of an initiative
24 petition to obtain a certain letter periodically;
25 providing that a failure to obtain such letter results
26 in the expiration of the initiative’s signatures and
27 disbanding of the sponsor’s political committee;
28 providing that certain initiative petition signatures
29 expire and that the sponsor’s political committee is
30 disbanded under specified conditions; providing that
31 such sponsor is not precluded from refiling the
32 proposed amendment as a new petition; prohibiting a
33 sponsor from sponsoring more than one initiative
34 amendment; requiring a sponsor to register as a
35 political committee and submit the ballot title,
36 ballot summary, article and section of the State
37 Constitution being amended, and full text of the
38 proposed amendment to the Secretary of State;
39 requiring that all information be available in
40 alternative formats upon request; requiring the
41 secretary to assign a petition number and submit a
42 copy of the proposed amendment to the Financial Impact
43 Estimating Conference for review, analysis, and a
44 certain estimate; requiring the Division of Elections
45 to publish the forms on which petition signatures must
46 be fixed; deleting a requirement that the secretary
47 adopt certain rules; providing requirements, which are
48 effective on a specified date, for the petition forms;
49 prohibiting persons, beginning on a specified date,
50 from collecting, delivering, or otherwise physically
51 possessing more than a specified number of signed
52 petition forms if they have not registered with the
53 Secretary of State as a petition circulator and have
54 not been issued a petition circulator number;
55 authorizing specified persons to collect signed
56 petitions forms from their immediate family under
57 specified circumstances; defining the term “immediate
58 family”; prohibiting certain persons from collecting
59 signatures or initiative petitions; requiring that
60 applications for registration include specified
61 information; authorizing citizens to challenge a
62 petition circulator’s registration by filing a
63 petition in circuit court; authorizing the court to
64 enjoin the petition circulator from collecting
65 signatures or petition forms until registered;
66 authorizing the division to revoke a petition
67 circulator’s registration under specified
68 circumstances; prohibiting persons from registering to
69 collect signatures or initiative petitions until they
70 complete a required training; providing the
71 requirements for such training; providing civil
72 penalties for the sponsors of initiative amendments
73 that knowingly allow persons to collect petition forms
74 on their behalf and violate specified provisions;
75 prohibiting a sponsor from compensating a petition
76 circulator based on the number of petition forms
77 gathered or the time within which such forms are
78 gathered; providing construction; requiring the
79 division to make forms available to registered
80 petition circulators in a certain format; deleting a
81 requirement that supervisors of elections provide the
82 division information on petition forms assigned to
83 them; requiring sponsors to deliver forms promptly to
84 the supervisor of elections in the county in which a
85 voter resides within a specified timeframe after the
86 form is signed; revising the civil penalties for
87 failing to deliver forms within the prescribed
88 timeframes; providing civil penalties for the sponsors
89 of petitions if the person collecting petition forms
90 on behalf of the sponsor signs the name of another,
91 signs a fictitious name, or fills in missing
92 information on the signed petition form; providing
93 criminal penalties for persons who, while collecting
94 petition forms, copy or retain a voter’s personal
95 identifying information for a reason other than to
96 provide such information to the sponsor of an
97 initiative petition; providing civil penalties for
98 sponsors who mail or provide prefilled initiative
99 petitions; providing that sponsors that discover and
100 report a violation as soon as practicable may not be
101 fined for such violation; requiring the supervisor to
102 record the date a submitted petition is received;
103 requiring the supervisor to notify the division of any
104 misfiled petition; revising the conditions under which
105 a supervisor verifies signatures to include processing
106 of a certain fee; requiring supervisors, beginning on
107 a specified date, to promptly record, in a specified
108 manner, the date each form is received and the date
109 the form is verified as valid; revising the conditions
110 under which a supervisor may verify a signature on an
111 initiative petition form; requiring supervisors to
112 electronically transmit digital images, which must
113 meet a specified standard, of all received petition
114 forms to the division; requiring that such forms be
115 identified as valid or invalid; requiring supervisors
116 to retain all petition forms and identify those forms
117 verified as valid from those deemed invalid until such
118 forms are processed; requiring supervisors to deliver
119 physical forms to the division; requiring the division
120 to retain such forms for a specified timeframe;
121 requiring supervisors to send a notice, which may be
122 returned to the Office of Election Crimes and
123 Security, to voters after their signature is verified,
124 beginning on a specified date; providing requirements
125 for such notice; requiring the Office of Election
126 Crimes and Security to transmit copies of returned
127 notices, upon receipt, to the division; requiring the
128 division to deem the voter petition form invalid if a
129 completed notice is received; providing that
130 supervisors of elections are required to post on their
131 websites the actual costs of signature verification
132 for all petition forms, and that they may increase
133 such costs annually by a specified date; specifying
134 that such costs include costs related to certain
135 actions; requiring supervisors to notify the Office of
136 Election Crimes and Security under a specified
137 condition; requiring the office to conduct specified
138 preliminary investigations; authorizing the office to
139 report findings of such investigations to the
140 statewide prosecutor or a certain state attorney;
141 providing that a signed petition form submitted by an
142 ineligible or unregistered petition circulator must be
143 invalidated; revising information related to signature
144 verification which must be posted on the division’s
145 website; requiring the Secretary of State to rescind
146 the certificate of ballot position if an advisory
147 opinion from the Supreme Court deems the initiative
148 petition invalid; requiring the Financial Impact
149 Estimating Conference to submit the financial impact
150 statement to the Secretary of State; requiring a
151 certain statement to be included on the ballot if the
152 conference does not complete an analysis and financial
153 impact statement within a specified timeframe;
154 providing that only the President of the Senate and
155 the Speaker of the House of Representatives, jointly,
156 may convene the conference; revising the membership of
157 the conference; deleting a provision authorizing the
158 court to remand the financial impact statement to the
159 conference to be redrafted; requiring that such
160 statement appear on the petition form and ballot;
161 requiring a sponsor to refile a petition as a new
162 petition under certain circumstances; deleting a
163 provision that deems financial impact statements
164 approved for placement on the ballot under certain
165 circumstances; requiring the Department of State to
166 update petition forms by a specified date; requiring
167 the department to make the petition circulator
168 application available by a specified date; providing
169 that each petition circulator registration expires on
170 a specified date; requiring the department to notify
171 such petition circulators of the expiration of their
172 registration by a specified date; requiring the
173 department to develop a certain training within a
174 specified timeframe; authorizing supervisors of
175 elections to increase the costs of signature
176 verification before a specified date; requiring the
177 supervisors to post such cost on their publicly
178 available websites as soon as the cost is determined;
179 amending s. 101.161, F.S.; requiring that a certain
180 statement be included on the ballot if a financial
181 impact statement was not produced or the Financial
182 Impact Estimating Conference did not meet to produce
183 one; conforming a cross-reference; amending s.
184 102.111, F.S.; requiring the Elections Canvassing
185 Commission to certify the returns of constitutional
186 amendments; amending s. 102.121, F.S.; requiring the
187 commission to make and sign separate certificates for
188 constitutional amendments; providing requirements for
189 such certificates; amending s. 102.168, F.S.;
190 providing for standing to contest the adoption of a
191 constitutional amendment by any qualified voter or
192 taxpayer; revising the grounds on which such parties
193 may contest an election or a constitutional amendment;
194 providing that the commission and the sponsor of the
195 amendment are indispensable parties in any such
196 action; amending s. 104.185, F.S.; providing criminal
197 penalties for persons who fill in missing information
198 on a signed petition form to secure a ballot position
199 for a candidate, a minor political party, or an issue;
200 amending s. 104.186, F.S.; providing criminal
201 penalties for persons who compensate others based on
202 the number of petition forms gathered, as prohibited
203 by a specified section; amending s. 104.187, F.S.;
204 conforming a cross-reference; creating s. 104.188,
205 F.S.; defining the term “immediate family”; providing
206 criminal penalties for certain persons who collect,
207 deliver, or otherwise physically possess more than a
208 certain number of signed petition forms other than
209 their own or forms belonging to an immediate family
210 member; creating s. 106.151, F.S.; defining the term
211 “public funds”; prohibiting an entity of state
212 government or a person acting on behalf of such entity
213 from expending or authorizing the expenditure of
214 public funds for political advertisements or other
215 communications sent to electors concerning a proposed
216 constitutional amendment or revision; providing
217 applicability; providing construction; amending s.
218 106.19, F.S.; providing that political committees
219 sponsoring a constitutional amendment are liable for
220 specified civil fines for submitting petition forms
221 that do not provide the name and address of the
222 petition circulator gathering such forms, regardless
223 of whether the petition circulator is paid; amending
224 s. 212.055, F.S.; conforming a cross-reference;
225 amending s. 895.02, F.S.; revising the definition of
226 the term “racketeering activity” to provide criminal
227 and civil penalties for violations of the Florida
228 Election Code relating to irregularities or fraud
229 involving issue petition activities; prohibiting the
230 verification of a signed petition form for a specified
231 timeframe; providing construction; providing effective
232 dates.
233
234 WHEREAS, the Legislature and the Secretary of State, in
235 their official capacities, have the duty and obligation to
236 ensure ballot integrity and a valid election process, and
237 WHEREAS, ballot integrity is necessary to ensure the
238 effectiveness of the constitutionally provided initiative
239 process, and
240 WHEREAS, investigations conducted by the Office of Election
241 Crimes and Security have shown that agents of political
242 committees sponsoring initiative petitions engaged in illegal
243 and fraudulent activities while gathering petition signatures in
244 the lead-up to recent elections, and
245 WHEREAS, the evidence brought forward indicates numerous
246 instances of petition circulators being paid per signature,
247 signing petition forms on behalf of deceased individuals,
248 forging or misrepresenting voter signatures on petition forms,
249 using voters’ personal identifying information without consent,
250 committing perjury, and swearing false oaths, and
251 WHEREAS, compensating a petition circulator based on the
252 number of petition forms gathered is a violation of s. 104.186,
253 Florida Statutes; signing another person’s name, whether dead or
254 alive, or a fictitious name on a petition form is a violation of
255 s. 104.185(2), Florida Statutes; and perjury or swearing a false
256 oath is a violation of s. 837.02(1), Florida Statutes, and all
257 such violations are third degree felonies under Florida law, and
258 WHEREAS, fraudulently using another individual’s personal
259 identification without his or her consent is a violation of s.
260 817.568, Florida Statutes, and is, at minimum, a third degree
261 felony, and
262 WHEREAS, the fraudulent use of another individual’s
263 personal identifying information becomes a second degree felony
264 with a 3-year mandatory minimum prison sentence if the violation
265 involves the information of more than 10 but fewer than 20
266 persons, a 5-year mandatory minimum prison sentence if the
267 violation involves the information of more than 20 but fewer
268 than 30 persons, and a 10-year mandatory minimum prison sentence
269 if the violation involves the information of more than 30
270 persons, and
271 WHEREAS, despite the fiduciary duty prescribed by Florida
272 law, sponsors of initiative petitions have failed to cooperate
273 with investigations and have attempted to deflect responsibility
274 for the actions of petition circulators to contractors and
275 subcontractors, the sponsors denying that they have custody or
276 control of documents requested by state officials, and
277 WHEREAS, sponsors, contractors, and petition circulators
278 have blatantly attempted to evade investigation by delegating
279 key aspects of petition activities to out-of-state entities, who
280 then subcontracted with other individuals who were even further
281 outside the reach of Florida authorities, and
282 WHEREAS, evidence provided to the Office of Election Crimes
283 and Security by supervisors of elections in several counties
284 showed that petition circulators submitted petition forms on
285 behalf of more than 50 deceased Floridians, and
286 WHEREAS, information provided to the Office of Election
287 Crimes and Security from multiple supervisors of elections and
288 individual Florida voters showed that petition circulators
289 committed perjury and swore false oaths by distributing petition
290 forms with pre-signed attestations to groups of unregistered
291 circulators, who then obtained signatures outside the registered
292 circulator’s presence, and
293 WHEREAS, investigations revealed that after petition forms
294 were signed and submitted by voters, petition circulators
295 tampered with the signed forms by using a website to obtain
296 missing personal identifying information, and then filled in the
297 incomplete petition forms, and
298 WHEREAS, investigations indicated that some otherwise valid
299 petition forms were obtained by fraud, with circulators
300 misleading prospective signatories by telling them that the
301 amendment did something other than what was described in the
302 ballot summary or amendment language, or not showing the
303 signatories what was on the ballot at all, and
304 WHEREAS, evidence showed that petition circulators were
305 able to obtain the four necessary elements of personal
306 identifying information required on petitions — name, address,
307 voter registration number or birthdate, and signature — using
308 publicly available data to commit identity theft and complete
309 dozens, hundreds, or even thousands of petitions without ever
310 actually circulating a petition, and
311 WHEREAS, the Office of Election Crimes and Security
312 received complaints from many Florida voters whose information
313 was fraudulently submitted on forms for at least four initiative
314 petitions circulated for inclusion in the 2024 General Election,
315 and
316 WHEREAS, many of those complaints arose because some
317 supervisors of elections notified a voter when a petition form
318 bearing his or her name was rejected, which prompted such voters
319 to contact the supervisor of elections or the Office of Election
320 Crimes and Security to report potential fraud, and
321 WHEREAS, Florida does not currently restrict eligibility of
322 persons to register as petition circulators, even in cases where
323 such persons are not United States citizens, reside in another
324 state, or have been convicted of a felony but have not had their
325 right to vote restored, and
326 WHEREAS, at least one sponsor of an initiative amendment
327 circulated during the 2024 General Election cycle settled a
328 complaint with the Office of Election Crimes and Security for
329 violations related to the petition process and agreed to pay
330 $164,000 in fines, and
331 WHEREAS, existing fines and penalties levied against
332 petition sponsors engaging in, encouraging, or, at the very
333 least, turning a blind eye to illegal activities related to the
334 petition process appear to be inadequate deterrents, and
335 WHEREAS, given its constitutional underpinnings, the right
336 to propose an initiative by petition is inherent and absolute,
337 but subject to reasonable regulations as necessary to ensure
338 ballot integrity and a valid election process, NOW, THEREFORE,
339
340 Be It Enacted by the Legislature of the State of Florida:
341
342 Section 1. (1) The Legislature finds that the power to
343 propose an amendment to the State Constitution is reserved to
344 the people of Florida consistent with s. 3, Article XI of the
345 State Constitution. Evidence of fraud related to the process of
346 gathering signatures on petitions for constitutional amendments
347 compels the Legislature to act to protect the integrity of the
348 ballot, ensure a valid election process, and protect the
349 constitutionally provided initiative process.
350 (2) It is the intent of the Legislature to update the
351 reasonable regulations in place for petition circulators,
352 increase transparency and accountability for sponsors of
353 initiative petitions, provide prospective signatories with
354 objective information regarding the impact of a proposed
355 amendment, and deter, prevent, and penalize fraudulent
356 activities related to initiative petitions.
357 Section 2. Subsections (1) and (2) of section 15.21,
358 Florida Statutes, are amended to read:
359 15.21 Initiative petitions; s. 3, Art. XI, State
360 Constitution.—
361 (1) The Secretary of State shall immediately submit an
362 initiative petition to the Attorney General if the sponsor has:
363 (a) Registered as a political committee pursuant to s.
364 106.03;
365 (b) Submitted the ballot title, ballot summary substance,
366 and full text of the proposed revision or amendment to the
367 Secretary of State, who has received a financial impact
368 statement pursuant to ss. 100.371 and 101.161; and
369 (c) Obtained a letter from the Division of Elections
370 confirming that the sponsor has submitted to the appropriate
371 supervisors for verification, and the supervisors have verified,
372 forms signed and dated equal to 25 percent of the number of
373 electors statewide required by s. 3, Art. XI of the State
374 Constitution in one-half of the congressional districts of the
375 state.
376 (2) If the Secretary of State has submitted an initiative
377 petition to the Attorney General pursuant to subsection (1) but
378 the validity of the signatures for such initiative petition has
379 expired pursuant to s. 100.371(14)(a) s. 100.371(11)(a) before
380 securing ballot placement, the Secretary of State must promptly
381 notify the Attorney General. The Secretary of State may resubmit
382 the initiative petition to the Attorney General if the
383 initiative petition is later circulated for placement on the
384 ballot of a subsequent general election and the criteria under
385 subsection (1) are satisfied.
386 Section 3. Subsections (1), (2), and (3) of section 16.061,
387 Florida Statutes, are amended to read:
388 16.061 Initiative petitions.—
389 (1) The Attorney General shall, within 30 days after
390 receipt of a proposed revision or amendment to the State
391 Constitution by initiative petition from the Secretary of State,
392 petition the Supreme Court, requesting an advisory opinion
393 regarding the compliance of the text of the proposed amendment
394 or revision with s. 3, Art. XI of the State Constitution,
395 whether the proposed amendment is facially invalid under the
396 United States Constitution, and the compliance of the proposed
397 ballot title and substance with s. 101.161, and the compliance
398 of the financial impact statement with s. 100.371(16). The
399 petition may enumerate any specific factual issues that the
400 Attorney General believes would require a judicial
401 determination.
402 (2) A copy of the petition shall be provided to the
403 Secretary of State and the principal officer of the sponsor of
404 the initiative petition.
405 (3) Any financial fiscal impact statement that the Supreme
406 Court finds not to be in accordance with s. 100.371(16) must s.
407 100.371 shall be remanded solely to the Financial Impact
408 Estimating Conference for redrafting.
409 Section 4. Effective July 1, 2025, subsection (28) of
410 section 97.021, Florida Statutes, is amended to read:
411 97.021 Definitions.—For the purposes of this code, except
412 where the context clearly indicates otherwise, the term:
413 (28) “Petition circulator” means an entity or individual
414 who collects signatures for compensation for the purpose of
415 qualifying a proposed constitutional amendment for ballot
416 placement. The term does not include a person who collects,
417 delivers, or otherwise physically possesses no more than two
418 signed petition forms in addition to his or her own signed
419 petition form or a signed petition form belonging to the
420 person’s spouse, or the parent, child, grandparent, grandchild,
421 or sibling of the person or the person’s spouse.
422 Section 5. Paragraphs (a) and (d) of subsection (4) of
423 section 99.097, Florida Statutes, are amended, and paragraph (b)
424 of subsection (1) of that section is reenacted, to read:
425 99.097 Verification of signatures on petitions.—
426 (1)
427 (b) Rules and guidelines for petition verification shall be
428 adopted by the Department of State. Rules and guidelines for a
429 random sample method of verification may include a requirement
430 that petitions bear an additional number of names and
431 signatures, not to exceed 15 percent of the names and signatures
432 otherwise required. If the petitions do not meet such criteria
433 or if the petitions are prescribed by s. 100.371, the use of the
434 random sample method of verification is not available to
435 supervisors.
436 (4)(a) The supervisor must be paid in advance the sum of 10
437 cents for each signature checked or the actual cost of checking
438 such signature, whichever is less, by the candidate or, in the
439 case of a petition to have a local issue placed on the ballot,
440 by the person or organization submitting the petition. In the
441 case of a petition to place a statewide issue on the ballot, the
442 person or organization submitting the petition must pay the
443 supervisor in advance the cost posted by the supervisor pursuant
444 to s. 100.371(14) s. 100.371(11) for the actual cost of checking
445 signatures to place a statewide issue on the ballot.
446 (d) Except as provided in s. 100.371(14)(d), petitions must
447 be retained by the supervisors for a period of 1 year following
448 the election for which the petitions were circulated.
449 Section 6. Section 100.371, Florida Statutes, is amended to
450 read:
451 100.371 Initiatives; procedure for placement on ballot.—
452 (1)(a) Constitutional amendments proposed by initiative
453 shall be placed on the ballot for the general election, provided
454 the initiative petition has been filed with the Secretary of
455 State no later than February 1 of the year the general election
456 is held. A petition shall be deemed to be filed with the
457 Secretary of State upon the date the secretary determines that
458 valid and verified petition forms have been signed by the
459 constitutionally required number and distribution of voters
460 electors under this code.
461 (b) A sponsor of an initiative petition must obtain, at
462 least every third election cycle, a letter pursuant to s.
463 15.21(1)(c). Failure to obtain such letter results in expiration
464 of the initiative petition’s signatures and disbanding of the
465 sponsor’s political committee.
466 (c) Initiative petition signatures expire and the sponsor’s
467 political committee is disbanded if a constitutional amendment
468 proposed by initiative submitted to the Secretary of State
469 before February 1, 2022, fails to obtain a letter pursuant to s.
470 15.21(1)(c) on or before February 1, 2026. This paragraph does
471 not preclude such a sponsor from refiling the proposed amendment
472 as a new petition.
473 (2) The sponsor of an initiative amendment may not sponsor
474 more than one amendment and must shall, before circulating any
475 petition forms prior to obtaining any signatures, register as a
476 political committee pursuant to s. 106.03 and submit the ballot
477 title, ballot summary, article and section of the State
478 Constitution being amended, and full text of the proposed
479 amendment to the Secretary of State. The proposed amendment and
480 all forms filed in connection with this section must, upon
481 request, be made available in alternative formats, with the form
482 on which the signatures will be affixed, and shall obtain the
483 approval of the Secretary of State of such form. Upon receipt,
484 the Secretary of State shall assign the initiative petition a
485 petition number and submit a copy of the proposed amendment to
486 the Financial Impact Estimating Conference for review, analysis,
487 and estimation of the financial impact of the proposed
488 amendment. After the review by the Financial Impact Estimating
489 Conference, the division shall publish the forms with the
490 information provided for in subsection (3) and on which
491 signatures for the initiative petition will be affixed The
492 Secretary of State shall adopt rules pursuant to s. 120.54
493 prescribing the style and requirements of such form. Upon filing
494 with the Secretary of State, the text of the proposed amendment
495 and all forms filed in connection with this section must, upon
496 request, be made available in alternative formats.
497 (3)(a) Beginning July 1, 2025, the petition form must
498 prominently display all of the following:
499 1. The petition number.
500 2. The ballot title.
501 3. The ballot summary.
502 4. A notice that the form becomes a public record upon
503 receipt by the supervisor.
504 5. A notice that it is a misdemeanor of the first degree to
505 knowingly sign the petition more than once.
506 6. A notice that the form will not be validated if all of
507 the requested information is not completed.
508 7. For a proposed amendment submitted to the Secretary of
509 State after the effective date of this act, the financial impact
510 statement.
511 (b) The petition form must also include all of the
512 following:
513 1. The full text of the proposed amendment.
514 2. The name and address of the sponsor.
515 3. The date received by the Secretary of State.
516 4. A bar code or serial number associated with the
517 initiative petition.
518 (c) The petition form must solicit and require all of the
519 following information:
520 1. The full name of the voter.
521 2. The voter’s address and county of legal residence.
522 3. The voter’s Florida voter registration number or date of
523 birth.
524 4. The voter’s Florida driver license number or the voter’s
525 Florida identification card number issued pursuant to s.
526 322.051, or the last four digits of the voter’s social security
527 number.
528 5. An attestation that the voter is a registered Florida
529 voter and is petitioning the Secretary of State to place the
530 proposed amendment on the ballot.
531 6. The voter’s signature and the date on which the voter
532 signed the form.
533 (d) A petition form distributed by a petition circulator
534 must also include all of the following:
535 1. The Petition Circulator’s Affidavit with the
536 circulator’s name, permanent address, and petition circulator
537 number or barcode.
538 2. The following statement, which must be signed and dated
539 by the circulator:
540
541 By my signature below, as petition circulator, I
542 verify that the petition was completed and signed by
543 the voter in my presence. Under penalty of perjury, I
544 declare that I have read the foregoing Petition
545 Circulator’s Affidavit, and that the facts stated in
546 it are true, and that if I was paid to circulate or
547 collect this petition, payment was not on a per
548 signature basis.
549
550 (e) A petition form distributed by a person other than a
551 petition circulator must also include, in lieu of the Petition
552 Circulator’s Affidavit, the following notice:
553
554 This form is for PERSONAL USE only. Unless registered
555 as a petition circulator, it is a third degree felony
556 to collect, deliver, or otherwise physically possess
557 more than two signed petition forms in addition to
558 your own or those of immediate family members.
559
560 (f) The petition form must be in a type not less than 10
561 points, except for the full text of the proposed amendment,
562 which may be in a type not less than 6 points if 10-point type
563 would cause the length of the petition form to exceed one page
564 front and back.
565 (4)(a) Beginning July 1, 2025, unless registered as a
566 petition circulator with the Secretary of State and issued a
567 petition circulator number, a person may not collect, deliver,
568 or otherwise physically possess more than two signed petition
569 forms in addition to his or her own signed petition form or a
570 signed petition form belonging to an immediate family member.
571 For the purposes of this subsection, the term “immediate family”
572 means a person’s spouse, or the parent, child, grandparent,
573 grandchild, or sibling of the person or the person’s spouse
574 signatures or initiative petitions for compensation unless the
575 person is registered as a petition circulator with the Secretary
576 of State.
577 (b) A person may not collect signatures or initiative
578 petitions if he or she:
579 1. Has been convicted of a felony violation and has not had
580 his or her right to vote restored.
581 2. Is not a citizen of the United States.
582 3. Is not a resident of this state.
583 (b) A citizen may challenge a petition circulator’s
584 registration under this section by filing a petition in circuit
585 court. If the court finds that the respondent is not a
586 registered petition circulator, the court may enjoin the
587 respondent from collecting signatures or initiative petitions
588 for compensation until she or he is lawfully registered.
589 (c)(4) An application for registration must be submitted in
590 the format required by the Secretary of State and must include
591 the following:
592 1.(a) The information required to be on the petition form
593 under s. 101.161, including the ballot summary and title as
594 received approved by the Secretary of State.
595 2.(b) The applicant’s name, permanent address, temporary
596 address, if applicable, and date of birth, Florida driver
597 license or Florida identification card number, and the last four
598 digits of his or her social security number.
599 3.(c) An address in this state at which the applicant will
600 accept service of process related to disputes concerning the
601 petition process, if the applicant is not a resident of this
602 state.
603 4.(d) A statement that the applicant consents to the
604 jurisdiction of the courts of this state in resolving disputes
605 concerning the petition process.
606 5.(e) Any information required by the Secretary of State to
607 verify the applicant’s identity or address.
608 6. Whether the applicant has been convicted of a felony
609 violation and has not had his or her right to vote restored, by
610 including the statement, “I affirm that I am not a convicted
611 felon, or, if I am, my right to vote has been restored,” and
612 providing a box for the applicant to check to affirm the
613 statement.
614 7. Whether the applicant is a citizen of the United States,
615 by asking the question, “Are you a citizen of the United States
616 of America?” and providing boxes for the applicant to check
617 whether the applicant is or is not a citizen of the United
618 States.
619 8. Whether the applicant is a Florida resident by asking
620 the question, “Are you a resident of the state of Florida?” and
621 providing boxes for the applicant to check whether the applicant
622 is or is not a resident of the state of Florida.
623 9. The signature of the applicant under penalty of perjury
624 for false swearing pursuant to s. 104.011, by which the
625 applicant swears or affirms that the information contained in
626 the application is true.
627 (d) A citizen may challenge a petition circulator’s
628 registration under this section by filing a petition in circuit
629 court. If the court finds that the respondent is not a
630 registered petition circulator, the court may enjoin the
631 respondent from collecting signatures or initiative petitions
632 until he or she is lawfully registered.
633 (e) The division may revoke a petition circulator’s
634 registration upon the written request of the sponsor of the
635 initiative petition or if the circulator violates this section.
636 (f) A person may not register to collect signatures or
637 initiative petitions until he or she has completed the training
638 concerning the requirements for petition circulators. The
639 training must be developed by the division and must be in an
640 electronic format available on the division’s public website.
641 The training must, at a minimum, include the following:
642 1. An overview of the petition-gathering process.
643 2. An overview of the petition circulator registration
644 requirements.
645 3. An explanation that the sponsor of an initiative
646 amendment serves as a fiduciary to each voter who signs a
647 petition.
648 4. An explanation that the Florida Election Code prohibits
649 compensation or provision of any benefit based on the number of
650 petition forms gathered or the time within which a number of
651 petition forms are gathered.
652 5. The specific criminal penalties to which a petition
653 circulator may be subject for violating the Florida Election
654 Code.
655 (g) The sponsor of the initiative amendment is liable for a
656 fine in the amount of $50,000 for each person the sponsor
657 knowingly allows to collect petition forms on behalf of the
658 sponsor in violation of this subsection.
659 (5) A sponsor may not compensate a petition circulator
660 based on the number of petition forms gathered or the time
661 within which a number of petition forms are gathered. This
662 prohibition includes, but is not limited to, paying a specified
663 amount per petition form gathered, basing an hourly rate on the
664 number of petition forms gathered over a specified period of
665 time, or providing any other benefit or form of compensation
666 based on the number of petition forms gathered. All petitions
667 collected by a petition circulator must contain, in a format
668 required by the Secretary of State, a completed Petition
669 Circulator’s Affidavit which includes:
670 (a) The circulator’s name and permanent address;
671 (b) The following statement, which must be signed by the
672 circulator:
673
674 By my signature below, as petition circulator, I
675 verify that the petition was signed in my presence.
676 Under penalties of perjury, I declare that I have read
677 the foregoing Petition Circulator’s Affidavit and the
678 facts stated in it are true.
679
680 (6) The division or the supervisor of elections shall make
681 hard copy petition forms or electronic portable document format
682 petition forms available to registered petition circulators. All
683 such forms must contain information identifying the petition
684 circulator to whom which the forms are provided. The division
685 shall maintain a database of all registered petition circulators
686 and the petition forms assigned to each. Each supervisor of
687 elections shall provide to the division information on petition
688 forms assigned to and received from petition circulators. The
689 information must be provided in a format and at times as
690 required by the division by rule. The division must update
691 information on petition forms daily and make the information
692 publicly available.
693 (7)(a) A sponsor that collects petition forms or uses a
694 petition circulator to collect petition forms serves as a
695 fiduciary to the voter elector signing the petition form and
696 shall ensure, ensuring that any petition form entrusted to the
697 sponsor or petition circulator is shall be promptly delivered to
698 the supervisor of elections in the county in which the voter
699 resides within 10 30 days after the voter elector signs the
700 form. If a petition form collected by the sponsor or any
701 petition circulator is not promptly delivered to the supervisor
702 of elections, the sponsor is liable for the following fines:
703 1. A fine in the amount of $50 per each day late for each
704 petition form received by the supervisor of elections in the
705 county in which the voter resides more than 10 30 days after the
706 voter elector signed the petition form or the next business day,
707 if the office is closed. A fine in the amount of $2,500 $250 for
708 each petition form received if the sponsor or petition
709 circulator acted willfully.
710 2. A fine in the amount of $100 per each day late, up to a
711 maximum of $5,000, for each petition form collected by a sponsor
712 or a petition circulator, signed by a voter on or before
713 February 1 of the year the general election is held and received
714 by the supervisor of elections in the county in which the voter
715 resides after the deadline for such election. A fine in the
716 amount of $5,000 for each such petition form received if the
717 sponsor or petition circulator acted willfully.
718 3. A fine in the amount of $500 for each petition form
719 collected by a petition circulator which is not submitted to the
720 supervisor of elections in the county in which the voter
721 resides. A fine in the amount of $5,000 $1,000 for any petition
722 form not so submitted if the sponsor or petition circulator
723 acting on its behalf acted willfully.
724 (b) A showing by the sponsor that the failure to deliver
725 the petition form within the required timeframe is based upon
726 force majeure or impossibility of performance is an affirmative
727 defense to a violation of this subsection. The fines described
728 in this subsection may be waived upon a showing that the failure
729 to deliver the petition form promptly is based upon force
730 majeure or impossibility of performance.
731 (8) If a person collecting petition forms on behalf of a
732 sponsor of an initiative petition signs another person’s name or
733 a fictitious name to any petition, or fills in missing
734 information on a signed petition, to secure a ballot position in
735 violation of s. 104.185(2), the sponsor of the initiative
736 petition is liable for a fine in the amount of $5,000 for each
737 such petition.
738 (9) If a person collecting petition forms on behalf of a
739 sponsor of an initiative petition copies or retains a voter’s
740 personal information, such as the voter’s Florida driver license
741 number, Florida identification card number, social security
742 number, or signature, for any reason other than to provide such
743 information to the sponsor of the initiative petition, the
744 person commits a felony of the third degree, punishable as
745 provided in s. 775.082, s. 775.083, or s. 775.084.
746 (10) A sponsor of an initiative petition or a person
747 collecting petition forms on behalf of a sponsor of an
748 initiative petition may not mail or otherwise provide a petition
749 form upon which any information about a voter has been filled in
750 before it is provided to the voter. The sponsor of an initiative
751 petition is liable for a fine in the amount of $50 for each
752 petition form that is a violation of this subsection.
753 (11)(8) If the Secretary of State reasonably believes that
754 a person or entity has committed a violation of this section,
755 the secretary may refer the matter to the Attorney General for
756 enforcement. The Attorney General may institute a civil action
757 for a violation of this section or to prevent a violation of
758 this section. An action for relief may include a permanent or
759 temporary injunction, a restraining order, or any other
760 appropriate order. If the sponsor of an initiative petition
761 discovers a violation of this section and reports the violation
762 as soon as practicable to the secretary, the sponsor may not be
763 fined for such violation.
764 (12)(9) The division shall adopt by rule a complaint form
765 for a voter an elector who claims to have had his or her
766 signature misrepresented, forged, or not delivered to the
767 supervisor. The division shall also adopt rules to ensure the
768 integrity of the petition form gathering process, including
769 rules requiring sponsors to account for all petition forms used
770 by their agents. Such rules may require a sponsor or petition
771 circulator to provide identification information on each
772 petition form as determined by the department as needed to
773 assist in the accounting of petition forms.
774 (13)(10) The date on which a voter an elector signs a
775 petition form is presumed to be the date on which the petition
776 circulator received or collected the petition form.
777 (14)(a)(11)(a) An initiative petition form circulated for
778 signature may not be bundled with or attached to any other
779 petition. Each signature shall be dated when made and shall be
780 valid until the next February 1 occurring in an even-numbered
781 year for the purpose of the amendment appearing on the ballot
782 for the general election occurring in that same year, provided
783 all other requirements of law are met. The sponsor shall submit
784 signed and dated forms to the supervisor of elections for the
785 county of residence listed by the person signing the form for
786 verification of the number of valid signatures obtained.
787 (b) The supervisor shall record the date each submitted
788 petition is received. If a signature on a petition is from a
789 registered voter in another county, the supervisor must shall
790 notify the petition sponsor and the division of the misfiled
791 petition. The supervisor shall promptly verify the signatures
792 within 60 days after receipt of the petition forms and payment
793 and processing of a fee for the actual cost of signature
794 verification incurred by the supervisor. However, for petition
795 forms submitted less than 60 days before February 1 of an even
796 numbered year, the supervisor shall promptly verify the
797 signatures within 30 days after receipt of the form and payment
798 of the fee for signature verification.
799 (c) Beginning July 1, 2025, the supervisor shall promptly
800 record, in the manner prescribed by the Secretary of State, the
801 date each form is received by the supervisor, and the date the
802 signature on the form is verified as valid. The supervisor may
803 verify that the signature on a form is valid only if:
804 1. The form contains the original signature of the
805 purported voter elector.
806 2. The purported voter elector has accurately recorded on
807 the form the date on which he or she signed the form.
808 3. The form sets forth the purported voter’s: elector’s
809 a. Full name;,
810 b. Address and, city, county of residence;, and
811 c. Voter registration number or date of birth; and
812 d. Florida driver license or Florida identification card
813 number issued pursuant to s. 322.051 or the last four digits of
814 the voter’s social security number.
815 4. The purported voter elector is, at the time he or she
816 signs the form and at the time the form is verified, a duly
817 qualified and registered voter elector in the state.
818 5. The signature was obtained legally, including that if a
819 paid petition circulator was used, the circulator was validly
820 registered under subsection (4) (3) when the signature was
821 obtained.
822
823 The supervisor shall retain all signature forms, separating
824 forms verified as valid from those deemed invalid, for at least
825 1 year following the election for which the petition was
826 circulated.
827 (d)1.(b) On the last day of each month, or on the last day
828 of each week from December 1 of an odd-numbered year through
829 February 1 of the following year, each supervisor shall
830 electronically transmit all received petition forms to the
831 division. The digital images of the scanned petition forms must
832 be of high enough quality that division personnel are able to
833 accurately discern elements contained in such forms. Forms must
834 be identified as valid or as invalid.
835 2. Each supervisor shall retain all petition forms,
836 identifying forms verified as valid from those deemed invalid,
837 until all petition forms have been processed following the
838 February 1 deadline. As soon as practicable following the
839 processing of the last timely submitted petition form, but not
840 later than March 15 following the February 1 deadline, the
841 supervisor shall deliver the physical forms to the division. The
842 division shall retain all petition forms for 1 year following
843 the election for which the petition was circulated.
844 (e) Beginning October 1, 2025, when the signature on the
845 petition form is verified as valid, the supervisor shall, as
846 soon as practicable, notify the voter by mail at the mailing
847 address on file in the Florida Voter Registration System.
848 1. Such notice must be sent by forwardable mail with a
849 postage prepaid preaddressed form, which may be returned to the
850 Office of Election Crimes and Security. The notice must include
851 contact information for the Office of Election Crimes and
852 Security, including the telephone number, fax number, mailing
853 address, and e-mail address. The notice must include all of the
854 following statements or information in substantially the
855 following form:
856
857 NOTICE
858
859 A petition to place a proposed constitutional
860 amendment on the ballot for the next general election,
861 bearing your name and signature, has been received and
862 verified by the Supervisor of Elections Office in ...
863 (insert county)....
864
865 The petition is for ...(insert the petition serial
866 number and ballot title)... and was signed on
867 ...(insert the date the voter signed the petition)....
868
869 Check this box ☐, sign, and return this notice to the
870 Office of Election Crimes and Security if you believe
871 your signature has been misrepresented or forged on a
872 petition. The petition form in question will be
873 invalidated and will not be counted toward the number
874 of signatures required to place this proposed
875 constitutional amendment on the ballot.
876
877 A notice being returned must be received by the Office
878 of Election Crimes and Security on or before February
879 1 ... (insert the year in which the general election
880 is held)....
881
882 ...(Insert the voter’s Florida voter registration
883 number, and if applicable, the petition circulator’s
884 number)....
885
886 By signing below, I swear or affirm that my signature
887 was misrepresented or forged on the petition form
888 indicated in this notice.
889
890 ...(Voter’s Signature)... ...(Date)...
891
892 This notice becomes a public record upon receipt by
893 the Office of Election Crimes and Security. It is a
894 second degree misdemeanor, punishable as provided in
895 s. 775.082, Florida Statutes, or s. 772.083, Florida
896 Statutes, for a person to knowingly make a false
897 official statement pursuant to s. 837.06, Florida
898 Statutes.
899
900 2. Upon receiving a completed notice, the Office of
901 Election Crimes and Security shall transmit a copy of such
902 notices to the division. The division shall deem the voter’s
903 petition form invalid.
904 (f) Each supervisor shall post the actual cost of signature
905 verification for petition forms received more than 60 days
906 before February 1 of an even-numbered year and for petition
907 forms received less than 60 days before February 1 of an even
908 numbered year on his or her website, and may increase such cost,
909 as necessary, annually on March 1 February 2 of each even
910 numbered year. These costs include operating and personnel costs
911 associated with comparing signatures, printing and all postage
912 costs related to the verification notice required by paragraph
913 (e), and transmitting petition forms to the division. The
914 division shall also publish each county’s current cost on its
915 website. The division and each supervisor shall biennially
916 review available technology aimed at reducing verification
917 costs.
918 (g)(c) On the last day of each month, or on the last day of
919 each week from December 1 of an odd-numbered year through
920 February 1 of the following year, each supervisor shall post on
921 his or her website the total number of signatures submitted, the
922 total number of invalid signatures, the total number of
923 signatures processed, and the aggregate number of verified valid
924 signatures and the distribution of such signatures by
925 congressional district for each proposed amendment proposed by
926 initiative, along with the following information specific to the
927 reporting period: the total number of signed petition forms
928 received, the total number of signatures verified, the
929 distribution of verified valid signatures by congressional
930 district, and the total number of verified petition forms
931 forwarded to the Secretary of State. For any reporting period in
932 which the percentage of petition forms deemed invalid by the
933 supervisor exceeds a total of 25 percent of the petition forms
934 received by the supervisor for that reporting period, the
935 supervisor shall notify the Office of Election Crimes and
936 Security. The Office of Election Crimes and Security shall
937 conduct a preliminary investigation into the activities of the
938 sponsor, one or more petition circulators, or a person
939 collecting petition forms on behalf of a sponsor, to determine
940 whether the invalidated petitions are a result of fraud or any
941 other violation of this section. As authorized by ss. 97.012(15)
942 and 97.022(1), the Office of Elections Crimes and Security may,
943 if warranted, report findings to the statewide prosecutor or the
944 state attorney for the judicial circuit in which the alleged
945 violation occurred for prosecution.
946 (h) A signed petition form submitted by an ineligible or
947 unregistered petition circulator must be invalidated and may not
948 be counted toward the number of necessary signatures for
949 placement on the ballot.
950 (15)(12) The Secretary of State shall determine from the
951 signatures verified by the supervisors of elections the total
952 number of verified valid signatures, less any signatures that
953 were invalidated pursuant to subsection (14), and the
954 distribution of such signatures by congressional districts, and
955 the division shall post such information on its website at the
956 same intervals specified in paragraph (14)(g) (11)(c). Upon a
957 determination that the requisite number and distribution of
958 valid signatures have been obtained, the secretary shall issue a
959 certificate of ballot position for that proposed amendment and
960 shall assign a designating number pursuant to s. 101.161. The
961 secretary must rescind the certificate of ballot position if an
962 advisory opinion issued by the Supreme Court pursuant to s.
963 16.061(1) deems the initiative petition invalid.
964 (16)(a)(13)(a) Upon receipt of a proposed revision or
965 amendment from the Secretary of State, the coordinator of the
966 Office of Economic and Demographic Research shall contact the
967 person identified as the sponsor to request an official list of
968 all persons authorized to speak on behalf of the named sponsor
969 and, if there is one, the sponsoring organization at meetings
970 held by the Financial Impact Estimating Conference. All other
971 persons must be deemed interested parties or proponents or
972 opponents of the initiative. The Financial Impact Estimating
973 Conference shall provide an opportunity for any representative
974 of the sponsor, interested parties, and proponents or opponents
975 of the initiative to submit information and may solicit
976 information or analysis from any other entities or agencies,
977 including the Office of Economic and Demographic Research At the
978 same time the Secretary of State submits an initiative petition
979 to the Attorney General pursuant to s. 15.21, the secretary
980 shall submit a copy of the initiative petition to the Financial
981 Impact Estimating Conference.
982 (b) Within 75 days after receipt of a proposed revision or
983 amendment to the State Constitution by initiative petition from
984 the Secretary of State, the Financial Impact Estimating
985 Conference shall complete an analysis and financial impact
986 statement to be placed on the ballot of the estimated increase
987 or decrease in any revenues or costs to state or local
988 governments and the overall impact to the state budget resulting
989 from the proposed initiative. The 75-day time limit is tolled
990 when the Legislature is in session. The Financial Impact
991 Estimating Conference shall submit the financial impact
992 statement to the Attorney General and Secretary of State. If the
993 initiative petition has been submitted to the Financial Impact
994 Estimating Conference but the validity of signatures has expired
995 and the initiative petition no longer qualifies for ballot
996 placement at the ensuing general election, the Secretary of
997 State must notify the Financial Impact Estimating Conference.
998 The Financial Impact Estimating Conference does is not required
999 to complete an analysis and financial impact statement for an
1000 initiative petition that fails to meet the requirements of
1001 subsection (1) for placement on the ballot before the 75-day
1002 time limit, including any tolling period, expires, the ballot
1003 must include the statement required by s. 101.161(1)(e). The
1004 initiative petition may be resubmitted to the Financial Impact
1005 Estimating Conference if the initiative petition meets the
1006 requisite criteria for a subsequent general election cycle. A
1007 new Financial Impact Estimating Conference shall be established
1008 at such time as the initiative petition again satisfies the
1009 criteria in s. 15.21(1).
1010 (b) Immediately upon receipt of a proposed revision or
1011 amendment from the Secretary of State, the coordinator of the
1012 Office of Economic and Demographic Research shall contact the
1013 person identified as the sponsor to request an official list of
1014 all persons authorized to speak on behalf of the named sponsor
1015 and, if there is one, the sponsoring organization at meetings
1016 held by the Financial Impact Estimating Conference. All other
1017 persons shall be deemed interested parties or proponents or
1018 opponents of the initiative. The Financial Impact Estimating
1019 Conference shall provide an opportunity for any representatives
1020 of the sponsor, interested parties, proponents, or opponents of
1021 the initiative to submit information and may solicit information
1022 or analysis from any other entities or agencies, including the
1023 Office of Economic and Demographic Research.
1024 (c) The Financial Impact Estimating Conference may be
1025 convened only by the President of the Senate and the Speaker of
1026 the House of Representatives, jointly. All meetings of the
1027 Financial Impact Estimating Conference shall be open to the
1028 public. The President of the Senate and the Speaker of the House
1029 of Representatives, jointly, shall be the sole judge for the
1030 interpretation, implementation, and enforcement of this
1031 subsection.
1032 1. The Financial Impact Estimating Conference is
1033 established to review, analyze, and estimate the financial
1034 impact of amendments to or revisions of the State Constitution
1035 proposed by initiative. The Financial Impact Estimating
1036 Conference shall be composed consist of four principals: one
1037 person from the professional staff of the Executive Office of
1038 the Governor or from a state agency, designated by the Governor;
1039 the coordinator of the Office of Economic and Demographic
1040 Research, or his or her designee; one person from the
1041 professional staff of the Senate, designated by the President of
1042 the Senate; and one person from the professional staff of the
1043 House of Representatives, designated by the Speaker of the House
1044 of Representatives. Each principal shall have appropriate fiscal
1045 expertise in the subject matter of the initiative. A Financial
1046 Impact Estimating Conference may be appointed for each
1047 initiative.
1048 2. Principals of the Financial Impact Estimating Conference
1049 shall reach a consensus or majority concurrence on a clear and
1050 unambiguous financial impact statement, no more than 150 words
1051 in length, and immediately submit the statement to the Attorney
1052 General. Nothing in this subsection prohibits the Financial
1053 Impact Estimating Conference from setting forth a range of
1054 potential impacts in the financial impact statement. Any
1055 financial impact statement that a court finds not to be in
1056 accordance with this section shall be remanded solely to the
1057 Financial Impact Estimating Conference for redrafting. The
1058 Financial Impact Estimating Conference shall redraft the
1059 financial impact statement within 15 days.
1060 3. If the Supreme Court has rejected the initial submission
1061 by the Financial Impact Estimating Conference and no redraft has
1062 been approved by the Supreme Court by 5 p.m. on the 75th day
1063 before the election, the following statement shall appear on the
1064 ballot: “The impact of this measure, if any, has not been
1065 determined at this time.”
1066 (d) The financial impact statement must be separately
1067 contained on the petition form and the ballot and be set forth
1068 after the ballot summary as required in s. 101.161(1).
1069 1. If the financial impact statement projects a net
1070 negative impact on the state budget, the ballot must include the
1071 statement required by s. 101.161(1)(b).
1072 2. If the financial impact statement projects a net
1073 positive impact on the state budget, the ballot must include the
1074 statement required by s. 101.161(1)(c).
1075 3. If the financial impact statement estimates an
1076 indeterminate financial impact or if the members of the
1077 Financial Impact Estimating Conference are unable to agree on
1078 the statement required by this subsection, the ballot must
1079 include the statement required by s. 101.161(1)(d).
1080 4. If the financial impact statement was not produced or if
1081 the Financial Impact Estimating Conference did not meet to
1082 produce the financial statement, the ballot must include the
1083 statement required by s. 101.161(1)(e).
1084 (e)1. Any financial impact statement that the Supreme Court
1085 finds not to be in accordance with this subsection shall be
1086 remanded solely to the Financial Impact Estimating Conference
1087 for redrafting, provided the court’s advisory opinion is
1088 rendered at least 75 days before the election at which the
1089 question of ratifying the amendment will be presented. The
1090 Financial Impact Estimating Conference shall prepare and adopt a
1091 revised financial impact statement no later than 5 p.m. on the
1092 15th day after the date of the court’s opinion. The sponsor of
1093 the initiative must refile the petition with the revised
1094 financial impact statement with the Secretary of State as a new
1095 petition.
1096 2. If, by 5 p.m. on the 75th day before the election, the
1097 Supreme Court has not issued an advisory opinion on the initial
1098 financial impact statement prepared by the Financial Impact
1099 Estimating Conference for an initiative amendment that otherwise
1100 meets the legal requirements for ballot placement, the financial
1101 impact statement shall be deemed approved for placement on the
1102 ballot.
1103 (f)3. In addition to the financial impact statement
1104 required by this subsection, the Financial Impact Estimating
1105 Conference shall draft an initiative financial information
1106 statement. The initiative financial information statement should
1107 describe in greater detail than the financial impact statement
1108 any projected increase or decrease in revenues or costs that the
1109 state or local governments would likely experience if the ballot
1110 measure were approved. If appropriate, the initiative financial
1111 information statement may include both estimated dollar amounts
1112 and a description placing the estimated dollar amounts into
1113 context. The initiative financial information statement must
1114 include both a summary of not more than 500 words and additional
1115 detailed information that includes the assumptions that were
1116 made to develop the financial impacts, workpapers, and any other
1117 information deemed relevant by the Financial Impact Estimating
1118 Conference.
1119 (g)4. The Department of State shall have printed, and shall
1120 furnish to each supervisor of elections, a copy of the summary
1121 from the initiative financial information statements. The
1122 supervisors shall have the summary from the initiative financial
1123 information statements available at each polling place and at
1124 the main office of the supervisor of elections upon request.
1125 (h)5. The Secretary of State and the Office of Economic and
1126 Demographic Research shall make available on the Internet each
1127 initiative financial information statement in its entirety. In
1128 addition, each supervisor of elections whose office has a
1129 website shall post the summary from each initiative financial
1130 information statement on the website. Each supervisor shall
1131 include a copy of each summary from the initiative financial
1132 information statements and the Internet addresses for the
1133 information statements on the Secretary of State’s and the
1134 Office of Economic and Demographic Research’s websites in the
1135 publication or mailing required by s. 101.20.
1136 (17)(14) The Department of State may adopt rules in
1137 accordance with s. 120.54 to implement this section carry out
1138 the provisions of subsections (1)-(14).
1139 (18)(15) No provision of this code shall be deemed to
1140 prohibit a private person exercising lawful control over
1141 privately owned property, including property held open to the
1142 public for the purposes of a commercial enterprise, from
1143 excluding from such property persons seeking to engage in
1144 activity supporting or opposing initiative amendments.
1145 Section 7. (1) By July 1, 2025, the Department of State
1146 shall update the forms as required by the amendments made to s.
1147 100.371(3), Florida Statutes, for any proposed amendments
1148 received before July 1, 2025.
1149 (2)(a) By June 1, 2025, the Department of State shall make
1150 available a new petition circulator application to incorporate
1151 the amendments made to s. 100.371(4), Florida Statutes.
1152 (b)1. Effective July 1, 2025, the registration of each
1153 petition circulator expires.
1154 2. No later than 7 days after this section becomes law, the
1155 Department of State shall notify each petition circulator that
1156 his or her registration expires on July 1, 2025, and that he or
1157 she may reregister by completing a new application that will be
1158 available before the current registration expires.
1159 (c) By June 1, 2025, the Department of State shall develop
1160 the training required by s. 100.371(4)(f), Florida Statutes.
1161 (3) No later than October 1, 2025, a supervisor of
1162 elections may increase the cost of signature verification
1163 pursuant to the amendments made to s. 100.371(14)(f), Florida
1164 Statutes. A supervisor shall post the cost of signature
1165 verification on his or her publicly available website as soon as
1166 such cost is determined.
1167 Section 8. Paragraph (a) of subsection (1) of section
1168 101.161, Florida Statutes, is amended, and paragraph (e) is
1169 added to that subsection, to read:
1170 101.161 Referenda; ballots.—
1171 (1) Whenever a constitutional amendment or other public
1172 measure is submitted to the vote of the people, a ballot summary
1173 of such amendment or other public measure shall be printed in
1174 clear and unambiguous language on the ballot after the list of
1175 candidates, followed by the word “yes” and also by the word
1176 “no,” and shall be styled in such a manner that a “yes” vote
1177 will indicate approval of the proposal and a “no” vote will
1178 indicate rejection. The ballot summary of the amendment or other
1179 public measure and the ballot title to appear on the ballot
1180 shall be embodied in the constitutional revision commission
1181 proposal, constitutional convention proposal, taxation and
1182 budget reform commission proposal, or enabling resolution or
1183 ordinance. The ballot summary of the amendment or other public
1184 measure shall be an explanatory statement, not exceeding 75
1185 words in length, of the chief purpose of the measure. In
1186 addition, for every constitutional amendment proposed by
1187 initiative, the ballot shall include, following the ballot
1188 summary, in the following order:
1189 (a) A separate financial impact statement concerning the
1190 measure prepared by the Financial Impact Estimating Conference
1191 in accordance with s. 100.371(16) s. 100.371(13).
1192 (e) If the financial impact statement was not produced or
1193 if the Financial Impact Estimating Conference did not meet to
1194 produce the financial impact statement, the following statement
1195 in bold print:
1196
1197 THE FINANCIAL IMPACT OF THIS AMENDMENT, IF ANY, HAS
1198 NOT BEEN DETERMINED AT THIS TIME.
1199
1200 The ballot title shall consist of a caption, not exceeding 15
1201 words in length, by which the measure is commonly referred to or
1202 spoken of. This subsection does not apply to constitutional
1203 amendments or revisions proposed by joint resolution.
1204 Section 9. Subsection (2) of section 102.111, Florida
1205 Statutes, is amended to read:
1206 102.111 Elections Canvassing Commission.—
1207 (2) The Elections Canvassing Commission shall meet at 8
1208 a.m. on the 9th day after a primary election and at 8 a.m. on
1209 the 14th day after a general election to certify the returns of
1210 the election for each federal, state, and multicounty office and
1211 for each constitutional amendment. If a member of a county
1212 canvassing board that was constituted pursuant to s. 102.141
1213 determines, within 5 days after the certification by the
1214 Elections Canvassing Commission, that a typographical error
1215 occurred in the official returns of the county, the correction
1216 of which could result in a change in the outcome of an election,
1217 the county canvassing board must certify corrected returns to
1218 the Department of State within 24 hours, and the Elections
1219 Canvassing Commission must correct and recertify the election
1220 returns as soon as practicable.
1221 Section 10. Section 102.121, Florida Statutes, is amended
1222 to read:
1223 102.121 Elections Canvassing Commission to issue
1224 certificates.—The Elections Canvassing Commission shall make and
1225 sign separate certificates of the result of the election for
1226 federal officers, and state officers, and constitutional
1227 amendments, which certificates must shall be written and contain
1228 the total number of votes cast for and against each person for
1229 each office and the total number of votes cast for and against
1230 each constitutional amendment. The certificates, the one
1231 including the result of the election for presidential electors
1232 and representatives to Congress, and the other including the
1233 result of the election for state officers, shall be recorded in
1234 the Department of State in a book to be kept for that purpose.
1235 Section 11. Subsections (1), (3), and (4) of section
1236 102.168, Florida Statutes, are amended to read:
1237 102.168 Contest of election.—
1238 (1) Except as provided in s. 102.171, the certification of
1239 election or nomination of any person to office, or of the
1240 adoption of a constitutional amendment or the result on any
1241 question submitted by referendum, may be contested in the
1242 circuit court by any unsuccessful candidate for such office or
1243 nomination thereto or by any voter elector qualified to vote in
1244 the election related to such candidacy or constitutional
1245 amendment, or by any taxpayer, respectively.
1246 (3) The complaint must shall set forth the grounds on which
1247 the contestant intends to establish his or her right to such
1248 office; or set aside the result of the election on a submitted
1249 referendum or constitutional amendment. The grounds for
1250 contesting an election or a constitutional amendment under this
1251 section are:
1252 (a) Misconduct, fraud, or corruption on the part of any
1253 election official or any member of the canvassing board
1254 sufficient to change or place in doubt the result of the
1255 election.
1256 (b) Ineligibility of the successful candidate for the
1257 nomination or office in dispute or of the proposed
1258 constitutional amendment for placement on the ballot.
1259 (c) Receipt of a number of illegal votes or rejection of a
1260 number of legal votes sufficient to change or place in doubt the
1261 result of the election.
1262 (d) Proof that any voter elector, election official, or
1263 canvassing board member was given or offered a bribe or reward
1264 in money, property, or any other thing of value for the purpose
1265 of procuring the successful candidate’s nomination or election
1266 or determining the result on any question submitted by
1267 referendum or constitutional amendment.
1268 (4) The canvassing board responsible for canvassing the
1269 election is an indispensable party defendant in county and local
1270 elections. The Elections Canvassing Commission is an
1271 indispensable party defendant in federal, state, and multicounty
1272 elections, in elections for constitutional amendments, and in
1273 elections for justice of the Supreme Court, judge of a district
1274 court of appeal, and judge of a circuit court. The successful
1275 candidate is an indispensable party to any action brought to
1276 contest the election or nomination of a candidate. The sponsor
1277 of a constitutional amendment proposed by initiative petition,
1278 identified pursuant to s. 100.371, is an indispensable party to
1279 any action brought to contest such election.
1280 Section 12. Subsection (2) of section 104.185, Florida
1281 Statutes, is amended to read:
1282 104.185 Petitions; knowingly signing more than once;
1283 signing another person’s name or a fictitious name.—
1284 (2) A person who signs another person’s name or a
1285 fictitious name to any petition, or who fills in missing
1286 information on a signed petition, to secure ballot position for
1287 a candidate, a minor political party, or an issue commits a
1288 felony of the third degree, punishable as provided in s.
1289 775.082, s. 775.083, or s. 775.084.
1290 Section 13. Section 104.186, Florida Statutes, is amended
1291 to read:
1292 104.186 Initiative petitions; violations.—A person who
1293 compensates a petition circulator as defined in s. 97.021 based
1294 on the number of petition forms gathered, as prohibited by s.
1295 100.371(5), commits a felony of the third degree, punishable as
1296 provided in s. 775.082, s. 775.083, or s. 775.084. This section
1297 does not prohibit employment relationships that do not base
1298 payment on the number of signatures collected.
1299 Section 14. Section 104.187, Florida Statutes, is amended
1300 to read:
1301 104.187 Initiative petitions; registration.—A person who
1302 violates s. 100.371(4)(a) s. 100.371(3) commits a misdemeanor of
1303 the second degree, punishable as provided in s. 775.082 or s.
1304 775.083.
1305 Section 15. Effective July 1, 2025, section 104.188,
1306 Florida Statutes, is created to read:
1307 104.188 Petition forms gathered from immediate family;
1308 violations.—
1309 (1) For the purposes of this section, the term “immediate
1310 family” means a person’s spouse or the parent, child,
1311 grandparent, grandchild, or sibling of the person or the
1312 person’s spouse.
1313 (2) A person who collects, delivers, or otherwise
1314 physically possesses more than two signed petition forms in
1315 addition to his or her own signed petition form or a signed
1316 petition form belonging to an immediate family member, and who
1317 is not registered as a petition circulator pursuant to s.
1318 100.371(4)(a), commits a felony of the third degree, punishable
1319 as provided in s. 775.082, s. 775.083, or s. 775.084.
1320 Section 16. Section 106.151, Florida Statutes, is created
1321 to read:
1322 106.151 Use of public funds prohibited.—
1323 (1) As used in this section, the term “public funds” means
1324 all moneys under the jurisdiction or control of the state
1325 government.
1326 (2) The state government or any person acting on behalf of
1327 the state government may not expend or authorize the expenditure
1328 of, and a person or group may not accept, public funds for a
1329 political advertisement or any other communication sent to
1330 electors concerning any proposed constitutional amendment or
1331 revision that is subject to a vote of the electors. This
1332 subsection applies to a communication initiated by the state
1333 government or a person acting on behalf of the state government,
1334 irrespective of whether the communication is limited to factual
1335 information or advocates for the passage or defeat of a proposed
1336 constitutional amendment or revision. This subsection does not
1337 preclude the state government or a person acting on behalf of
1338 the state government from reporting on official actions of the
1339 state government in an accurate, fair, and impartial manner;
1340 posting factual information on a government website or in
1341 printed materials; hosting and providing information at a public
1342 forum; providing factual information in response to an inquiry;
1343 or providing information as otherwise authorized or required by
1344 law.
1345 (3) With the exception of the prohibitions specified in
1346 subsection (2), this section does not preclude an elected
1347 official of the state government from expressing an opinion on
1348 any issue at any time.
1349 Section 17. Subsection (3) of section 106.19, Florida
1350 Statutes, is amended to read:
1351 106.19 Violations by candidates, persons connected with
1352 campaigns, and political committees.—
1353 (3) A political committee sponsoring a constitutional
1354 amendment proposed by initiative which submits a petition form
1355 gathered by a paid petition circulator which does not provide
1356 the name and address of the paid petition circulator on the form
1357 is subject to the civil penalties prescribed in s. 106.265.
1358 Section 18. Paragraph (c) of subsection (1) of section
1359 212.055, Florida Statutes, is amended to read:
1360 212.055 Discretionary sales surtaxes; legislative intent;
1361 authorization and use of proceeds.—It is the legislative intent
1362 that any authorization for imposition of a discretionary sales
1363 surtax shall be published in the Florida Statutes as a
1364 subsection of this section, irrespective of the duration of the
1365 levy. Each enactment shall specify the types of counties
1366 authorized to levy; the rate or rates which may be imposed; the
1367 maximum length of time the surtax may be imposed, if any; the
1368 procedure which must be followed to secure voter approval, if
1369 required; the purpose for which the proceeds may be expended;
1370 and such other requirements as the Legislature may provide.
1371 Taxable transactions and administrative procedures shall be as
1372 provided in s. 212.054.
1373 (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
1374 SURTAX.—
1375 (c)1. The proposal to adopt a discretionary sales surtax as
1376 provided in this subsection and to create a trust fund within
1377 the county accounts must shall be placed on the ballot in
1378 accordance with law and must be approved in a referendum held at
1379 a general election in accordance with subsection (10).
1380 2. If the proposal to adopt a surtax is by initiative, the
1381 petition sponsor must, at least 180 days before the proposed
1382 referendum, comply with all of the following:
1383 a. Provide a copy of the final resolution or ordinance to
1384 the Office of Program Policy Analysis and Government
1385 Accountability. The Office of Program Policy Analysis and
1386 Government Accountability shall procure a certified public
1387 accountant in accordance with subsection (11) for the
1388 performance audit.
1389 b. File the initiative petition and its required valid
1390 signatures with the supervisor of elections. The supervisor of
1391 elections shall verify signatures and retain signature forms in
1392 the same manner as required for initiatives under s. 100.371(14)
1393 s. 100.371(11).
1394 3. The failure of an initiative sponsor to comply with the
1395 requirements of subparagraph 2. renders any referendum held
1396 void.
1397 Section 19. Paragraph (d) is added to subsection (8) of
1398 section 895.02, Florida Statutes, to read:
1399 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
1400 (8) “Racketeering activity” means to commit, to attempt to
1401 commit, to conspire to commit, or to solicit, coerce, or
1402 intimidate another person to commit:
1403 (d) A violation of the Florida Election Code relating to
1404 irregularities or fraud involving issue petition activities.
1405 Section 20. (1) To ensure uniformity and integrity in the
1406 initiative process, a signed petition form may not be verified
1407 between July 1, 2025, and September 30, 2025.
1408 (2) A petition form gathered after July 1, 2025, must be
1409 delivered as provided in this act to the appropriate entity. The
1410 processing hold described in subsection (1) does not toll any
1411 timeframe requirements that petition circulators are required to
1412 meet and may not be used as a defense to any fine imposed for
1413 the late submission of any petition forms to the appropriate
1414 entity.
1415 Section 21. Except as otherwise provided in this act, this
1416 act shall take effect upon becoming a law.