Florida Senate - 2025 SB 18-A By Senator Collins 14-00012A-25A 202518A__ 1 A bill to be entitled 2 An act relating to petition process; amending s. 3 15.21, F.S.; conforming a cross-reference; amending s. 4 16.061, F.S.; revising the criteria that the Attorney 5 General uses when petitioning the Supreme Court for an 6 advisory opinion related to a proposed revision or 7 amendment to the State Constitution; amending s. 8 97.021, F.S.; deleting the definition of the term 9 petition circulator; amending s. 99.092, F.S.; 10 decreasing the percentages used to calculate the 11 filing fees and the amount of party assessment for 12 candidates to public office; requiring the Division of 13 Elections to create a uniform petition form for 14 candidates to gather signatures for a candidate 15 petition; requiring that the form solicit specified 16 information; requiring that the form include a certain 17 notice; amending s. 99.095, F.S.; authorizing a 18 supervisor of elections to verify certain signatures 19 only if a certain petition form is used; amending s. 20 99.097, F.S.; conforming a cross-reference; amending 21 s. 100.371, F.S.; requiring sponsors of an initiative 22 amendment to register as political committees before 23 circulating any initiative petition forms to voters; 24 deleting obsolete language; requiring the division to 25 assign initiative petitions a petition number and 26 create a certain form; providing requirements for such 27 form; requiring that the form contain a certain 28 notice; deleting provisions relating to citizen 29 challenges of petition circulator registration; 30 deleting provisions relating to applications for 31 registration of a petition circulator; requiring the 32 division to adopt rules; deleting provisions requiring 33 certain sponsors to submit signed and dated forms; 34 specifying conditions for signatures on a form to be 35 verified as valid by a supervisor; requiring the 36 supervisor to retain signed petition forms instead of 37 signature forms in a specified manner; requiring the 38 supervisor to transmit copies of such signed petition 39 forms promptly to the division upon request; requiring 40 the supervisors of elections to post the actual cost 41 of signature verification on their websites annually 42 on a specified date; specifying that such costs 43 include costs related to certain actions; requiring 44 the Secretary of State to rescind a certificate of 45 ballot position under specified conditions; 46 authorizing any voter to challenge the issuance of 47 certificates of ballot position; providing the process 48 for such challenges; requiring the Secretary of State 49 to submit a copy of initiative petitions to a 50 specified panel; requiring the panel to complete a 51 financial impact statement; requiring the panel to 52 submit such statement to the Secretary of State; 53 providing that the panel is not required to complete 54 the statement under specified circumstances; deleting 55 obsolete language; requiring that meetings of the 56 panel be open to the public; requiring that the panel 57 submit the financial impact statement to the Secretary 58 of State immediately; authorizing the panel to redraft 59 the statement within a specified timeframe; requiring 60 the disclosure of certain material legal effects; 61 conforming cross-references; requiring the panel to 62 draft a certain initiative financial information 63 statement; requiring the Secretary of State to make 64 such statement available on his or her website; 65 creating s. 100.373, F.S.; defining the term 66 circulated petition form; authorizing voters to 67 submit signed circulated petition forms at any office 68 of the supervisor of elections in the county in which 69 the voter is registered to vote; providing that a 70 circulated petition form is valid only if the 71 supervisor verifies specified information; requiring a 72 voter to present a certain current and valid form of 73 picture identification to the supervisor; requiring 74 the supervisor to deem the petition submitted if the 75 information on such identification matches the form 76 and the person matches the identification produced; 77 requiring supervisors to verify that the voters 78 signature on the circulated petition form matches the 79 voters signature on file in the Florida Voter 80 Registration System; creating s. 100.375, F.S.; 81 defining the term requested petition form; requiring 82 supervisors to accept requests for a petition form 83 from a voter or, if instructed, the voters immediate 84 family or legal guardian; authorizing that requests be 85 made in person, in writing, by telephone, or through 86 the supervisors website; requiring supervisors to 87 cancel requests under specified conditions; 88 authorizing that requests for petition forms may be 89 mailed to certain addresses; requiring the voter, or 90 his or her designee, to provide certain information 91 for in-person or telephonic requests; requiring that 92 requests be in writing if the petition form is to be 93 mailed to an address other than one on file; providing 94 requirements for such written requests; requiring the 95 division to create a uniform application to request 96 petition forms; requiring that such applications 97 solicit and require specified information; defining 98 the term immediate family; requiring the supervisor 99 to record certain information and provide it in a 100 specified format; defining the term petition 101 deadline; requiring the supervisor to mail petition 102 forms within specified timeframes; providing a 103 deadline to request petition forms; requiring 104 supervisors to provide a petition form by one of the 105 means specified; prohibiting persons from picking up 106 more than a specified number of petition forms; 107 providing exceptions; requiring the supervisor to mail 108 a certain notice in a specified circumstance; 109 providing that only the materials necessary to submit 110 a petition form be mailed or delivered; prohibiting a 111 supervisor from sending a petition form to someone who 112 did not request one; requiring the supervisor to 113 enclose a certain mailing envelope with petition 114 forms; requiring that such envelopes contain a certain 115 voters certificate; specifying the placement of the 116 voters certificate on the envelope; requiring that 117 certain instructions be enclosed with each petition; 118 providing construction; providing legislative intent; 119 requiring the Department of State to work with 120 specified entitles to develop and implement procedures 121 and technologies to make petition forms available in 122 alternative formats; providing that requested petition 123 forms are only valid if the supervisor verifies 124 certain information; prohibiting an otherwise valid 125 petition from being invalidated due to the voters 126 death after submission of such form; creating s. 127 100.377, F.S.; authorizing that initiative petition 128 forms approved by the Secretary of State may continue 129 to be circulated; providing that certain initiative 130 petitions or candidate petitions may be kept and 131 counted under specified conditions; providing 132 applicability; amending s. 101.161, F.S.; requiring 133 that constitutional amendments define all terms of art 134 and describe newly created rights, requirements, 135 prohibitions, and authorizations; amending the 136 inclusions on the ballot for every constitutional 137 amendment proposed by initiative to conform to changes 138 made by the act; conforming a cross-reference; 139 amending s. 104.045, F.S.; providing criminal 140 penalties for a person who submits a petition form or 141 refrains from submitting a petition form for any 142 initiative or candidate petition due to a corrupt 143 offer or the acceptance of a pecuniary or other 144 benefit; repealing s. 104.186, F.S., relating to 145 initiative petition circulators and violations 146 imposed; creating s. 106.031, F.S.; defining terms; 147 requiring certain political committees and donors and 148 entities to comply with specified provisions; 149 requiring that a statement of organization include a 150 certain attestation; requiring that specified reports 151 have a certain affirmation; requiring specified 152 persons to keep a certain record for a specified 153 timeframe; providing criminal penalties for a person 154 who fails to retain the record for such timeframe; 155 requiring that certain reports include a certain 156 attestation; requiring certain donors and entities to 157 make a certain attestation to the Division of 158 Elections within a specified timeframe; providing 159 criminal penalties for a person who fails to make such 160 attestation or makes a false attestation; providing 161 criminal penalties for political committees that 162 willfully submit certain statements or reports known 163 to be incorrect, false, or incomplete; providing that 164 civil penalties be imposed by the Florida Elections 165 Commission for violations of specified provisions; 166 authorizing the Attorney General to investigate, act 167 upon, or dispose certain violations; authorizing 168 criminal proceedings in a court of competent 169 jurisdiction; authorizing treble penalties; requiring 170 the division to adopt rules; amending s. 106.08, F.S.; 171 providing criminal penalties for foreign nationals who 172 make or offer to make certain contributions, foreign 173 nationals who direct, dictate, or control any person 174 to influence a citizen initiative by petition, certain 175 political committees that knowingly solicit or accept 176 expenditures from foreign nationals, or a foreign 177 national who willfully violates specified provisions; 178 authorizing the Attorney General to investigate, act 179 upon, or dispose certain violations; authorizing 180 criminal proceedings in a court of competent 181 jurisdiction; authorizing treble penalties; amending 182 s. 106.19, F.S.; deleting a provision relating to 183 violations by political committees for using petition 184 circulators; amending s. 212.055, F.S.; conforming a 185 cross-reference; providing for severability; providing 186 a directive to the Division of Law Revision; providing 187 an effective date. 188 189 Be It Enacted by the Legislature of the State of Florida: 190 191 Section 1.Subsection (2) of section 15.21, Florida 192 Statutes, is amended to read: 193 15.21Initiative petitions; s. 3, Art. XI, State 194 Constitution. 195 (2)If the Secretary of State has submitted an initiative 196 petition to the Attorney General pursuant to subsection (1) but 197 the validity of the signatures for such initiative petition has 198 expired pursuant to s. 100.371(6)(a) s. 100.371(11)(a) before 199 securing ballot placement, the Secretary of State must promptly 200 notify the Attorney General. The Secretary of State may resubmit 201 the initiative petition to the Attorney General if the 202 initiative petition is later circulated for placement on the 203 ballot of a subsequent general election and the criteria under 204 subsection (1) are satisfied. 205 Section 2.Subsection (1) of section 16.061, Florida 206 Statutes, is amended to read: 207 16.061Initiative petitions. 208 (1)The Attorney General shall, within 30 days after 209 receipt of a proposed revision or amendment to the State 210 Constitution by initiative petition from the Secretary of State, 211 petition the Supreme Court, requesting an advisory opinion 212 regarding the compliance of the text of the proposed amendment 213 or revision with s. 2, Art. I and s. 3, Art. XI of the State 214 Constitution, whether the proposed amendment is facially invalid 215 under the United States Constitution, the compliance of the text 216 of the proposed constitutional amendment or revision with s. 217 101.161, and the compliance of the proposed ballot title and 218 substance with s. 101.161. The petition may enumerate any 219 specific factual issues that the Attorney General believes would 220 require a judicial determination. 221 Section 3.Subsection (28) of section 97.021, Florida 222 Statutes, is amended to read: 223 97.021Definitions.For the purposes of this code, except 224 where the context clearly indicates otherwise, the term: 225 (28)Petition circulator means an entity or individual 226 who collects signatures for compensation for the purpose of 227 qualifying a proposed constitutional amendment for ballot 228 placement. 229 Section 4.Section 99.092, Florida Statutes, is amended to 230 read: 231 99.092Qualifying fee of candidate; notification of 232 Department of State. 233 (1)Each person seeking to qualify for nomination or 234 election to any office, except a person seeking to qualify by 235 the petition process pursuant to s. 99.095 and except a person 236 seeking to qualify as a write-in candidate, shall pay a 237 qualifying fee, which shall consist of a filing fee and election 238 assessment, to the officer with whom the person qualifies, and 239 any party assessment levied, and shall attach the original or 240 signed duplicate of the receipt for his or her party assessment 241 or pay the same, in accordance with the provisions of s. 242 103.121, at the time of filing his or her other qualifying 243 papers. The amount of the filing fee is 1 3 percent of the 244 annual salary of the office. The amount of the election 245 assessment is 1 percent of the annual salary of the office 246 sought. The election assessment shall be transferred to the 247 Elections Commission Trust Fund. The amount of the party 248 assessment is 1 2 percent of the annual salary. The annual 249 salary of the office for purposes of computing the filing fee, 250 election assessment, and party assessment shall be computed by 251 multiplying 12 times the monthly salary, excluding any special 252 qualification pay, authorized for such office as of July 1 253 immediately preceding the first day of qualifying. No qualifying 254 fee shall be returned to the candidate unless the candidate 255 withdraws his or her candidacy before the last date to qualify. 256 If a candidate dies prior to an election and has not withdrawn 257 his or her candidacy before the last date to qualify, the 258 candidates qualifying fee shall be returned to his or her 259 designated beneficiary, and, if the filing fee or any portion 260 thereof has been transferred to the political party of the 261 candidate, the Secretary of State shall direct the party to 262 return that portion to the designated beneficiary of the 263 candidate. 264 (2)The supervisor of elections shall, immediately after 265 the last day for qualifying, submit to the Department of State a 266 list containing the names, party affiliations, and addresses of 267 all candidates and the offices for which they qualified. 268 (3)(a)The division shall create a uniform petition form on 269 which signatures for a candidate petition will be affixed. The 270 form must solicit and require all of the following information: 271 1.The full name of the voter. 272 2.The voters residential address and county. 273 3.The voters voter registration number or date of birth. 274 4.The voters Florida driver license number, the voters 275 Florida identification card number, or the last four digits of 276 the voters social security number. 277 5.An attestation that the voter is a registered voter in 278 this state and is petitioning the Secretary of State to place 279 the candidates name on the ballot. 280 6.The voters signature and the date signed. 281 7.The candidates name and party information and the title 282 of the office sought by the candidate. 283 (b)The petition form must include a notice stating that 284 the form becomes public record upon receipt by the supervisor of 285 elections; that it is a first degree misdemeanor to knowingly 286 sign the same candidate petition more than once; and that the 287 form may not be validated if all requested information is not 288 provided. 289 Section 5.Subsection (3) of section 99.095, Florida 290 Statutes, is amended to read: 291 99.095Petition process in lieu of a qualifying fee and 292 party assessment. 293 (3)Each petition must be submitted before noon of the 28th 294 day preceding the first day of the qualifying period for the 295 office sought to the supervisor of elections of the county in 296 which such petition was circulated. Each supervisor shall check 297 the signatures on the petitions to verify their status as voters 298 in the county, district, or other geographical area represented 299 by the office sought. The supervisor may verify that the 300 signature on a form is valid only if the petition form is a 301 circulated petition form properly verified pursuant to s. 302 100.373 or a requested petition form properly verified pursuant 303 to s. 100.375. No later than the 7th day before the first day of 304 the qualifying period, the supervisor shall certify the number 305 of valid signatures. 306 Section 6.Paragraph (a) of subsection (4) of section 307 99.097, Florida Statutes, is amended to read: 308 99.097Verification of signatures on petitions. 309 (4)(a)The supervisor must be paid in advance the sum of 10 310 cents for each signature checked or the actual cost of checking 311 such signature, whichever is less, by the candidate or, in the 312 case of a petition to have a local issue placed on the ballot, 313 by the person or organization submitting the petition. In the 314 case of a petition to place a statewide issue on the ballot, the 315 person or organization submitting the petition must pay the 316 supervisor in advance the cost posted by the supervisor pursuant 317 to s. 100.371(6) s. 100.371(11) for the actual cost of checking 318 signatures to place a statewide issue on the ballot. 319 Section 7.Section 100.371, Florida Statutes, is amended to 320 read: 321 100.371Initiatives; procedure for placement on ballot. 322 (1)Constitutional amendments proposed by initiative shall 323 be placed on the ballot for the general election, provided the 324 initiative petition has been filed with the Secretary of State 325 no later than February 1 of the year the general election is 326 held. A petition shall be deemed to be filed with the Secretary 327 of State upon the date the secretary determines that valid and 328 verified petition forms have been signed by the constitutionally 329 required number and distribution of electors under this code. 330 (2)The sponsor of an initiative amendment shall, before 331 circulating any initiative petition forms to voters prior to 332 obtaining any signatures, register as a political committee 333 pursuant to s. 106.03 and submit the text of the proposed 334 amendment to the Secretary of State, with the form on which the 335 signatures will be affixed, and shall obtain the approval of the 336 Secretary of State of such form. The Secretary of State shall 337 adopt rules pursuant to s. 120.54 prescribing the style and 338 requirements of such form. Upon filing with the Secretary of 339 State, the text of the proposed amendment and all forms filed in 340 connection with this section must, upon request, be made 341 available in alternative formats. 342 (3)(a)The division shall assign the initiative petition a 343 petition number and create the form on which signatures for the 344 initiative petition must be affixed. The petition form must 345 prominently display the petition number, the ballot title, and 346 the full text of the proposed amendment; must contain the date 347 approved by the Secretary of State, a barcode associated with 348 the initiative petition, and a serial number; and must solicit 349 and require all of the following information: 350 1.The full name of the voter. 351 2.The voters residential address and county. 352 3.The voters voter registration number or date of birth. 353 4.The voters Florida driver license number or Florida 354 identification card number, or the last four digits of the 355 voters social security number. 356 5.An attestation that the voter is a registered Florida 357 voter and is petitioning the Secretary of State to place the 358 proposed amendment on the ballot. 359 6.The voters signature and the date signed A person may 360 not collect signatures or initiative petitions for compensation 361 unless the person is registered as a petition circulator with 362 the Secretary of State. 363 (b)The petition form must include a notice that states 364 that the form becomes public record upon receipt by the 365 supervisor; that it is a first degree misdemeanor to knowingly 366 sign the same initiative petition more than once; and that the 367 form may not be validated if all requested information is not 368 provided A citizen may challenge a petition circulators 369 registration under this section by filing a petition in circuit 370 court. If the court finds that the respondent is not a 371 registered petition circulator, the court may enjoin the 372 respondent from collecting signatures or initiative petitions 373 for compensation until she or he is lawfully registered. 374 (4)An application for registration must be submitted in 375 the format required by the Secretary of State and must include 376 the following: 377 (a)The information required to be on the petition form 378 under s. 101.161, including the ballot summary and title as 379 approved by the Secretary of State. 380 (b)The applicants name, permanent address, temporary 381 address, if applicable, and date of birth. 382 (c)An address in this state at which the applicant will 383 accept service of process related to disputes concerning the 384 petition process, if the applicant is not a resident of this 385 state. 386 (d)A statement that the applicant consents to the 387 jurisdiction of the courts of this state in resolving disputes 388 concerning the petition process. 389 (e)Any information required by the Secretary of State to 390 verify the applicants identity or address. 391 (5)All petitions collected by a petition circulator must 392 contain, in a format required by the Secretary of State, a 393 completed Petition Circulators Affidavit which includes: 394 (a)The circulators name and permanent address; 395 (b)The following statement, which must be signed by the 396 circulator: 397 398 By my signature below, as petition circulator, I 399 verify that the petition was signed in my presence. 400 Under penalties of perjury, I declare that I have read 401 the foregoing Petition Circulators Affidavit and the 402 facts stated in it are true. 403 404 (6)The division or the supervisor of elections shall make 405 hard copy petition forms or electronic portable document format 406 petition forms available to registered petition circulators. All 407 such forms must contain information identifying the petition 408 circulator to which the forms are provided. The division shall 409 maintain a database of all registered petition circulators and 410 the petition forms assigned to each. Each supervisor of 411 elections shall provide to the division information on petition 412 forms assigned to and received from petition circulators. The 413 information must be provided in a format and at times as 414 required by the division by rule. The division must update 415 information on petition forms daily and make the information 416 publicly available. 417 (7)(a)A sponsor that collects petition forms or uses a 418 petition circulator to collect petition forms serves as a 419 fiduciary to the elector signing the petition form, ensuring 420 that any petition form entrusted to the petition circulator 421 shall be promptly delivered to the supervisor of elections 422 within 30 days after the elector signs the form. If a petition 423 form collected by any petition circulator is not promptly 424 delivered to the supervisor of elections, the sponsor is liable 425 for the following fines: 426 1.A fine in the amount of $50 for each petition form 427 received by the supervisor of elections more than 30 days after 428 the elector signed the petition form or the next business day, 429 if the office is closed. A fine in the amount of $250 for each 430 petition form received if the sponsor or petition circulator 431 acted willfully. 432 2.A fine in the amount of $500 for each petition form 433 collected by a petition circulator which is not submitted to the 434 supervisor of elections. A fine in the amount of $1,000 for any 435 petition form not submitted if the sponsor or petition 436 circulator acted willfully. 437 (b)A showing by the sponsor that the failure to deliver 438 the petition form within the required timeframe is based upon 439 force majeure or impossibility of performance is an affirmative 440 defense to a violation of this subsection. The fines described 441 in this subsection may be waived upon a showing that the failure 442 to deliver the petition form promptly is based upon force 443 majeure or impossibility of performance. 444 (8)If the Secretary of State reasonably believes that a 445 person or entity has committed a violation of this section, the 446 secretary may refer the matter to the Attorney General for 447 enforcement. The Attorney General may institute a civil action 448 for a violation of this section or to prevent a violation of 449 this section. An action for relief may include a permanent or 450 temporary injunction, a restraining order, or any other 451 appropriate order. 452 (5)(9)The division shall adopt by rule a complaint form 453 for an elector who claims to have had his or her signature 454 misrepresented or, forged, or not delivered to the supervisor. 455 The division shall also adopt rules to ensure the integrity of 456 the petition form gathering process, including rules requiring 457 sponsors to account for all petition forms used by their agents. 458 Such rules may require a sponsor or petition circulator to 459 provide identification information on each petition form as 460 determined by the department as needed to assist in the 461 accounting of petition forms. 462 (10)The date on which an elector signs a petition form is 463 presumed to be the date on which the petition circulator 464 received or collected the petition form. 465 (6)(a)(11)(a)An initiative petition form circulated for 466 signature may not be bundled with or attached to any other 467 petition. Each signature shall be dated when made and shall be 468 valid until the next February 1 occurring in an even-numbered 469 year for the purpose of the amendment appearing on the ballot 470 for the general election occurring in that same year, provided 471 all other requirements of law are met. The sponsor shall submit 472 signed and dated forms to the supervisor of elections for the 473 county of residence listed by the person signing the form for 474 verification of the number of valid signatures obtained. If a 475 signature on a petition is from a registered voter in another 476 county, the supervisor shall notify the petition sponsor of the 477 misfiled petition. The supervisor shall promptly verify the 478 signatures within 60 days after receipt of the petition forms 479 and payment of a fee for the actual cost of signature 480 verification incurred by the supervisor. However, for petition 481 forms submitted less than 60 days before February 1 of an even 482 numbered year, the supervisor shall promptly verify the 483 signatures within 30 days after receipt of the form and payment 484 of the fee for signature verification. The supervisor shall 485 promptly record, in the manner prescribed by the Secretary of 486 State, the date each form is received by the supervisor, and the 487 date the signature on the form is verified as valid. The 488 supervisor may verify that the signature on a form is valid only 489 if: 490 1.The petition form is a circulated petition form properly 491 verified pursuant to s. 100.373; or The form contains the 492 original signature of the purported elector. 493 2.The petition form is a requested petition form properly 494 verified pursuant to s. 100.375 The purported elector has 495 accurately recorded on the form the date on which he or she 496 signed the form. 497 3.The form sets forth the purported electors name, 498 address, city, county, and voter registration number or date of 499 birth. 500 4.The purported elector is, at the time he or she signs 501 the form and at the time the form is verified, a duly qualified 502 and registered elector in the state. 503 5.The signature was obtained legally, including that if a 504 paid petition circulator was used, the circulator was validly 505 registered under subsection (3) when the signature was obtained. 506 507 The supervisor shall retain all signed petition signature forms, 508 separating forms verified as valid from those deemed invalid, 509 for at least 1 year following the election for which the 510 petition was circulated. Notwithstanding any other law, the 511 supervisor shall promptly transmit copies of signed petition 512 forms to the division upon request. 513 (b)Each supervisor shall post the actual cost of signature 514 verification on his or her website and may increase such cost, 515 as necessary, annually on March 1 February 2 of each even 516 numbered year. The cost includes, but is not limited to, costs 517 incurred processing and fulfilling requests, comparing 518 signatures, and validating information on circulated and 519 requested petition forms pursuant to ss. 100.373 and 100.375, 520 respectively. The division shall also publish each countys 521 current cost on its website. The division and each supervisor 522 shall biennially review available technology aimed at reducing 523 verification costs. 524 (c)On the last day of each month, or on the last day of 525 each week from December 1 of an odd-numbered year through 526 February 1 of the following year, each supervisor shall post on 527 his or her website the total number of signatures submitted, the 528 total number of invalid signatures, the total number of 529 signatures processed, and the aggregate number of verified valid 530 signatures and the distribution of such signatures by 531 congressional district for each proposed amendment proposed by 532 initiative, along with the following information specific to the 533 reporting period: the total number of signed petition forms 534 received, the total number of signatures verified, the 535 distribution of verified valid signatures by congressional 536 district, and the total number of verified petition forms 537 forwarded to the Secretary of State. 538 (7)(a)(12)The Secretary of State shall determine from the 539 signatures verified by the supervisors of elections the total 540 number of verified valid signatures and the distribution of such 541 signatures by congressional districts, and the division shall 542 post such information on its website at the same intervals 543 specified in paragraph (6)(c) (11)(c). Upon a determination that 544 the requisite number and distribution of valid signatures have 545 been obtained, the secretary shall issue a certificate of ballot 546 position for that proposed amendment and shall assign a 547 designating number pursuant to s. 101.161. The Secretary of 548 State shall rescind the certificate of ballot position if: 549 1.An advisory opinion issued by the Supreme Court pursuant 550 to s. 3(b)(10), Art. V of the State Constitution deems the 551 initiative petition invalid; or 552 2.The Secretary of State determines, before August 1 of 553 the year the general election is held, that the initiative 554 petition did not obtain the requisite number or distribution of 555 valid signatures. 556 (b)The issuance of a certificate of ballot position 557 pursuant to paragraph (a) may be contested in the circuit court 558 by any voter. The contestant must file a complaint with the 559 clerk of the circuit court for Leon County no later than the 560 first Tuesday after the first Monday in January after the 561 election for which the petition was circulated. The complaint 562 must set forth the grounds on which the contestant intends to 563 establish that the initiative petition did not obtain the 564 requisite number or distribution of valid signatures. 565 (8)(a)(13)(a)At the same time the Secretary of State 566 submits an initiative petition to the Attorney General pursuant 567 to s. 15.21, the secretary shall submit a copy of the initiative 568 petition to a panel composed of three persons appointed by the 569 Governor the Financial Impact Estimating Conference. Within 75 570 days after receipt of a proposed revision or amendment to the 571 State Constitution by initiative petition from the Secretary of 572 State, the panel Financial Impact Estimating Conference shall 573 complete a statement on the an analysis and financial impact to 574 the state budget statement to be placed on the ballot of the 575 estimated increase or decrease in any revenues or costs to state 576 or local governments and the overall impact to the state budget 577 resulting from the proposed initiative. The 75-day time limit is 578 tolled when the Legislature is in session. The panel Financial 579 Impact Estimating Conference shall submit the financial impact 580 statement to the Attorney General and Secretary of State. If the 581 initiative petition has been submitted to the panel Financial 582 Impact Estimating Conference but the validity of signatures has 583 expired and the initiative petition no longer qualifies for 584 ballot placement at the ensuing general election, the Secretary 585 of State must notify the panel Financial Impact Estimating 586 Conference. The panel Financial Impact Estimating Conference is 587 not required to complete a an analysis and financial impact 588 statement for an initiative petition that fails to meet the 589 requirements of subsection (1) for placement on the ballot 590 before the 75-day time limit, including any tolling period, 591 expires. The initiative petition may be resubmitted to the panel 592 Financial Impact Estimating Conference if the initiative 593 petition meets the requisite criteria for a subsequent general 594 election cycle. A new Financial Impact Estimating Conference 595 shall be established at such time as the initiative petition 596 again satisfies the criteria in s. 15.21(1). 597 (b)Immediately 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 shall be deemed interested parties or proponents or 605 opponents of the initiative. The Financial Impact Estimating 606 Conference shall provide an opportunity for any representatives 607 of the sponsor, interested parties, proponents, or opponents of 608 the initiative to submit information and may solicit information 609 or analysis from any other entities or agencies, including the 610 Office of Economic and Demographic Research. 611 (c)All meetings of the panel Financial Impact Estimating 612 Conference shall be open to the public. The panel shall prepare 613 The President of the Senate and the Speaker of the House of 614 Representatives, jointly, shall be the sole judge for the 615 interpretation, implementation, and enforcement of this 616 subsection. 617 1.The Financial Impact Estimating Conference is 618 established to review, analyze, and estimate the financial 619 impact of amendments to or revisions of the State Constitution 620 proposed by initiative. The Financial Impact Estimating 621 Conference shall consist of four principals: one person from the 622 Executive Office of the Governor; the coordinator of the Office 623 of Economic and Demographic Research, or his or her designee; 624 one person from the professional staff of the Senate; and one 625 person from the professional staff of the House of 626 Representatives. Each principal shall have appropriate fiscal 627 expertise in the subject matter of the initiative. A Financial 628 Impact Estimating Conference may be appointed for each 629 initiative. 630 2.Principals of the Financial Impact Estimating Conference 631 shall reach a consensus or majority concurrence on a clear and 632 unambiguous financial impact statement, no more than 150 words 633 in length, and immediately submit the statement to the Secretary 634 of State Attorney General. Nothing in this subsection prohibits 635 the panel Financial Impact Estimating Conference from setting 636 forth a range of potential impacts in the financial impact 637 statement. Any financial impact statement that a court finds not 638 to be in accordance with this section shall be remanded solely 639 to the Financial Impact Estimating Conference for redrafting. 640 The panel may Financial Impact Estimating Conference shall 641 redraft the financial impact statement before the 75th day 642 before the election within 15 days. 643 3.If the Supreme Court has rejected the initial submission 644 by the Financial Impact Estimating Conference and no redraft has 645 been approved by the Supreme Court by 5 p.m. on the 75th day 646 before the election, the following statement shall appear on the 647 ballot: The impact of this measure, if any, has not been 648 determined at this time. 649 (c)(d)The financial impact statement must be separately 650 contained and be set forth after the ballot summary and 651 disclosure of material legal effects as required in s. 652 101.161(1). 653 1.If the financial impact statement projects a net 654 negative impact on the state budget, the ballot must include the 655 statement required by s. 101.161(1)(c) s. 101.161(1)(b). 656 2.If the financial impact statement projects a net 657 positive impact on the state budget, the ballot must include the 658 statement required by s. 101.161(1)(d) s. 101.161(1)(c). 659 3.If the financial impact statement estimates an 660 indeterminate financial impact or if the members of the panel 661 Financial Impact Estimating Conference are unable to agree on 662 the statement required by this subsection, the ballot must 663 include the statement required by s. 101.161(1)(e) s. 664 101.161(1)(d). 665 (d)1.(e)1.Any financial impact statement that the Supreme 666 Court finds not to be in accordance with this subsection shall 667 be remanded solely to the Financial Impact Estimating Conference 668 for redrafting, provided the courts advisory opinion is 669 rendered at least 75 days before the election at which the 670 question of ratifying the amendment will be presented. The 671 Financial Impact Estimating Conference shall prepare and adopt a 672 revised financial impact statement no later than 5 p.m. on the 673 15th day after the date of the courts opinion. 674 2.If, by 5 p.m. on the 75th day before the election, the 675 Supreme Court has not issued an advisory opinion on the initial 676 financial impact statement prepared by the Financial Impact 677 Estimating Conference for an initiative amendment that otherwise 678 meets the legal requirements for ballot placement, the financial 679 impact statement shall be deemed approved for placement on the 680 ballot. 681 3.In addition to the financial impact statement required 682 by this subsection, the panel Financial Impact Estimating 683 Conference shall draft an initiative financial information 684 statement. The initiative financial information statement should 685 describe in greater detail than the financial impact statement 686 any projected increase or decrease in revenues or costs that the 687 state or local governments would likely experience if the ballot 688 measure were approved. If appropriate, the initiative financial 689 information statement may include both estimated dollar amounts 690 and a description placing the estimated dollar amounts into 691 context. The initiative financial information statement must 692 include both a summary of not more than 500 words and additional 693 detailed information that includes the assumptions that were 694 made to develop the financial impacts, workpapers, and any other 695 information deemed relevant by the Financial Impact Estimating 696 Conference. 697 2.4.The Department of State shall have printed, and shall 698 furnish to each supervisor of elections, a copy of the summary 699 from the initiative financial information statements. The 700 supervisors shall have the summary from the initiative financial 701 information statements available at each polling place and at 702 the main office of the supervisor of elections upon request. 703 3.5.The Secretary of State and the Office of Economic and 704 Demographic Research shall make available on the Internet each 705 initiative financial information statement in its entirety. In 706 addition, each supervisor of elections whose office has a 707 website shall post the summary from each initiative financial 708 information statement on the website. Each supervisor shall 709 include a copy of each summary from the initiative financial 710 information statements and the Internet addresses for the 711 information statements on the Secretary of States website and 712 the Office of Economic and Demographic Researchs websites in 713 the publication or mailing required by s. 101.20. 714 (9)(14)The Department of State may adopt rules in 715 accordance with s. 120.54 to carry out the provisions of 716 subsections (1)-(8) (1)-(14). 717 (10)(15)No provision of this code shall be deemed to 718 prohibit a private person exercising lawful control over 719 privately owned property, including property held open to the 720 public for the purposes of a commercial enterprise, from 721 excluding from such property persons seeking to engage in 722 activity supporting or opposing initiative amendments. 723 Section 8.Section 100.373, Florida Statutes, is created to 724 read: 725 100.373Circulated petition forms; verification. 726 (1)For the purposes of this chapter, the term circulated 727 petition form means an initiative petition form circulated 728 pursuant to s. 100.371, or a candidate petition form circulated 729 pursuant to s. 99.095, which has not been requested pursuant to 730 s. 100.375. 731 (2)A voter may submit a signed circulated petition form at 732 any supervisor of elections office located within the county in 733 which the voter is registered to vote. A circulated petition 734 form is valid only if the supervisor verifies that: 735 (a)The voter presenting the circulated petition form is 736 identified and his or her signature is verified pursuant to 737 subsection (3); 738 (b)The voter accurately recorded on the form the date on 739 which he or she signed the form; 740 (c)The form accurately sets forth the voters name, 741 address, city, county, and voter registration number or date of 742 birth; 743 (d)The form accurately sets forth the voters driver 744 license number, the voters Florida identification card number, 745 or the last four digits of the voters social security number; 746 and 747 (e)The voter is, at the time he or she signs the form and 748 at the time the form is verified, an active and duly qualified 749 and registered voter in this state. 750 (3)(a)The supervisor shall require the voter to present 751 one of the following forms of current and valid picture 752 identification: 753 1.Florida driver license. 754 2.Florida identification card issued by the Department of 755 Highway Safety and Motor Vehicles. 756 3.United States passport. 757 4.United States Uniformed Services or Merchant Marine 758 identification. 759 5.Veteran health identification card issued by the United 760 States Department of Veterans Affairs. 761 6.License to carry a concealed weapon or firearm issued 762 pursuant to s. 790.06. 763 7.Employee identification card issued by any branch, 764 department, agency, or entity of the Federal Government, the 765 state, a county, or a municipality. 766 (b)If the information on the picture identification 767 matches the information on the circulated petition form and the 768 supervisor is satisfied that the person presenting the 769 circulated petition form is the person shown on the picture 770 identification, the supervisor must deem the petition form 771 submitted. The supervisor shall then verify that the signature 772 on the circulated petition form matches a signature on file for 773 the voter in the Florida Voter Registration System. 774 Section 9.Section 100.375, Florida Statutes, is created to 775 read: 776 100.375Requested petition forms; verification. 777 (1)DEFINITION.For purposes of this chapter, the term 778 requested petition form means an initiative petition form 779 created pursuant to s. 100.371, or a candidate petition form 780 created pursuant to s. 99.095, which is requested pursuant to 781 this section. 782 (2)REQUEST. 783 (a)A supervisor shall accept a request for a petition form 784 only from a voter or, if directly instructed by the voter, a 785 member of the voters immediate family or the voters legal 786 guardian. A request may be made in person, in writing, by 787 telephone, or through the supervisors website. The supervisor 788 shall cancel a request for a petition form when any first-class 789 mail or nonforwardable mail sent by the supervisor to the voter 790 is returned as undeliverable. If the voter requests a petition 791 form thereafter, the voter must provide or confirm his or her 792 current residential address. 793 (b)The supervisor may accept a request for a petition form 794 to be mailed to a voters address on file in the Florida Voter 795 Registration System from the voter, or, if directly instructed 796 by the voter, from a member of the voters immediate family or 797 the voters legal guardian. If an in-person or a telephonic 798 request is made, the voter must provide the voters Florida 799 driver license number, the voters Florida identification card 800 number, or the last 4 digits of the voters social security 801 number. If the petition form is requested to be mailed to an 802 address other than the voters address on file in the Florida 803 Voter Registration System, the request must be made in writing. 804 A written request must be signed by the voter and include the 805 voters Florida driver license number, the voters Florida 806 identification card number, or the last 4 digits of the voters 807 social security number. The division shall create a uniform 808 application to request a candidate or initiative petition form. 809 The application must solicit and require the following 810 information: 811 1.The full name of the voter for whom the petition form is 812 requested; 813 2.The voters residential address and county and the 814 voters mailing address if different than the voters 815 residential address; 816 3.The voters voter registration number or date of birth; 817 4.The voters Florida driver license number, the voters 818 Florida identification card number, or last 4 digits of the 819 voters social security number; 820 5.The requesters name, if applicable; 821 6.The requesters residential address, if applicable; 822 7.The requesters Florida driver license number, the 823 requesters Florida identification card number, or the last 4 824 digits of the requesters social security number, if applicable; 825 8.The requesters relationship to the voter, if 826 applicable; 827 9.An affidavit stating that the requester is authorized by 828 the voter to request a petition form on the voters behalf, if 829 applicable; 830 10.The voters signature and the date signed or the 831 requesters signature and the date signed; and 832 11.If the petition form requested is for an initiative 833 petition, the ballot title and initiative petition number 834 assigned by the division. 835 (c)For the purposes of this section, the term immediate 836 family refers to the following, as applicable: 837 1.The voters spouse, parent, child, grandparent, 838 grandchild, or sibling, or the parent, child, grandparent, 839 grandchild, or sibling of the voters spouse. 840 2.The designees spouse, parent, child, grandparent, 841 grandchild, or sibling, or the parent, child, grandparent, 842 grandchild, or sibling of the designees spouse. 843 (3)PETITION FORM REQUEST INFORMATION.For each request for 844 a petition form received, the supervisor shall record the 845 following information and provide such information in an 846 electronic format as required by division rule: 847 (a)The date the request was made; 848 (b)The initiative petition number, if any; 849 (c)The identity of the voters designee making the 850 request, if applicable; 851 (d)The voters Florida driver license number, voters 852 Florida identification card number, or last 4 digits of the 853 voters social security number provided with a written request; 854 (e)The date the petition form was delivered to the voter 855 or the voters designee or the date the petition form was 856 delivered to the post office or other carrier; 857 (f)The address to which the petition form was mailed or 858 the identity of the voters designee to whom the petition form 859 was delivered, if applicable; 860 (g)The date the petition form was received by the 861 supervisor; 862 (h)The absence of the voters signature and the Voters 863 Certificate, if applicable; 864 (i)Whether the Voters Certificate contains a signature 865 that does not match a signature on file for the voter in the 866 Florida Voter Registration System; and 867 (j)Any other information the supervisor deems necessary. 868 (4)DELIVERY OF PETITION FORMS. 869 (a)For the purposes of this section, the term petition 870 deadline means: 871 1.In the case of an initiative petition, the 30th day 872 preceding February 1 of the year the general election is held. 873 2.In the case of a candidate petition, the 28th day 874 preceding the first day of the qualifying period for the office 875 sought. 876 (b)The supervisor shall mail petition forms within 5 877 business days after receiving a request for such forms. However, 878 the supervisor shall mail petition forms that are requested 879 pursuant to this section on or before July 1, 2025, and no later 880 than July 5, 2025. 881 (c)The deadline to submit a request for a petition form to 882 be mailed is 5 p.m. local time on the 10th day before the 883 petition deadline. 884 (d)Upon request for a petition form, the supervisor shall 885 provide a petition form to each voter who has made a request for 886 such petition form, by one of the following means: 887 1.By nonforwardable, return-if-undeliverable mail to the 888 voters current mailing address on file with the supervisor or 889 any other address the voter specifies in the request. The 890 envelopes must be prominently marked Do Not Forward. 891 2.By personal delivery to the voter up to 5 p.m. on the 892 third day before the petition deadline upon presentation of the 893 identification required by s. 101.043. 894 3.By delivery to the voters designee up to 5 p.m. on the 895 third day before the petition deadline. Any voter may designate 896 in writing a person to pick up the petition form for the voter; 897 however, the person designated may not pick up more than 2 898 petition forms per petition, other than the designees own 899 petition form, except that additional petition forms may be 900 picked up for members of the designees immediate family. The 901 designee shall provide to the supervisor the written 902 authorization by the voter, the designees picture 903 identification and a completed affidavit. The designee shall 904 state in the affidavit that the designee is authorized by the 905 voter to pick up the petition form and must indicate if the 906 voter is a member of the designees immediate family, and, if 907 so, the relationship. The department shall prescribe the form of 908 the affidavit. If the supervisor is satisfied that the designee 909 is authorized to pick up the petition form and that the 910 signature of the voter on the written authorization matches the 911 signature of the voter on file, the supervisor must give the 912 petition form to the designee for delivery to the voter. 913 (e)If a requested petition form is mailed to an address 914 other than the voters address on file in the Florida Voter 915 Registration System or delivered to a designee, the supervisor 916 must mail a notice letter to the voters address on file with 917 the Florida Voter Registration System. 918 (5)MATERIALS.Only the materials necessary to submit a 919 petition form may be mailed or delivered with any petition form. 920 (6)PROHIBITION.A supervisor may not send a petition form 921 to a voter unless the voter has requested a petition form in the 922 manner authorized under this section. 923 (7)MAILING ENVELOPE. 924 (a)The supervisor shall enclose with each petition form a 925 mailing envelope that must be addressed to the supervisor and 926 also bear on the back side a certificate in substantially the 927 following form: 928 929 Note: Please Read Instructions Carefully Before 930 Completing Petition Form and Completing Voters Certificate. 931 932 VOTERS CERTIFICATE 933 I, ...., do solemnly swear or affirm that I am a qualified 934 and registered voter of .... County, Florida, and that I have 935 not and will not submit more than one petition form for this 936 initiative. I understand that if I commit or attempt to commit 937 any fraud in connection with a petition, submit a fraudulent 938 petition form, or submit more than one petition form for the 939 same initiative, I can be convicted of a misdemeanor of the 940 first degree and fined up to $1,000 and/or imprisoned for up to 941 a year. I also understand that failure to sign this certificate 942 will invalidate my petition form. 943 ...(Date)... 944 ...(Voters Signature)... 945 ...(E-Mail Address)... 946 ...(Home Telephone Number)... 947 ...(Mobile Telephone Number)... 948 949 (b)Each return mailing envelope must bear the voters name 950 and any encoded mark used by the supervisors office. 951 (c)A mailing envelope may not bear any indication of the 952 political affiliation of a voter. 953 (8)PLACEMENT OF THE VOTERS CERTIFICATE.The certificate 954 must be arranged on the back of the mailing envelope so that the 955 line for the signature of the voter is across the seal of the 956 envelope; however, no statement shall appear on the envelope 957 which indicates that a signature of the voter must cross the 958 seal of the envelope. The voter shall execute the certificate on 959 the envelope. 960 (9)INSTRUCTIONS.The supervisor shall enclose with each 961 petition form separate printed instructions in substantially the 962 following form; however, where the instructions appear in 963 capitalized text, the text of the printed instructions must be 964 in boldface type: 965 966 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING 967 PETITION FORM. 968 969 1.VERY IMPORTANT. In order to ensure that your petition 970 form will be counted, it should be completed and returned as 971 soon as possible so that it can reach the supervisor of 972 elections of your county of residence no later than 5 p.m. on 973 [INSERT PETITION DEADLINE]. 974 2.Place your completed petition form into the enclosed 975 mailing envelope, which is addressed to the supervisor. 976 3.Seal the mailing envelope and completely fill out the 977 Voters Certificate on the back of the mailing envelope. 978 4.VERY IMPORTANT. In order for your petition form to be 979 counted, you must sign your name on the line above (Voters 980 Signature). A petition form will not be counted if the signature 981 on the petition form does not match the signature on record. The 982 signature on file at the time the supervisor of elections in 983 your county of residence receives your petition form is the 984 signature that will be used to verify your signature on the 985 Voters Certificate. If you need to update your signature for 986 this election, send your signature update on a voter 987 registration application to your supervisor of elections so that 988 it is received before your petition form is received. 989 5.Mail, deliver, or have delivered the completed mailing 990 envelope. Be sure there is sufficient postage if mailed. THE 991 COMPLETED MAILING ENVELOPE MUST BE DELIVERED TO THE OFFICE OF 992 THE SUPERVISOR OF ELECTIONS OF YOUR COUNTY OF RESIDENCE. 993 6.FELONY NOTICE. It is a felony under Florida law to 994 accept any gift, payment, or gratuity in exchange for your 995 submission of a petition form. It is also a felony under Florida 996 law to submit a petition form using a false identity or false 997 address, or under any other circumstances making your petition 998 form false or fraudulent. 999 7.DEADLINE NOTICE. To ensure that your petition form 1000 counts, your supervisor of elections must receive your petition 1001 form by 5 p.m. [INSERT PETITION DEADLINE]. If you wait to mail 1002 your petition form, it might not count. To prevent this from 1003 occurring, please mail or turn in your petition form as soon as 1004 possible. 1005 1006 (10)REQUEST NOT TO PRECLUDE SUBMISSION OF A CIRCULATED 1007 PETITION FORM.The provisions of this chapter may not be 1008 construed to prohibit a voter who has requested a petition form 1009 pursuant to this section from submitting a circulated petition 1010 form pursuant to s. 100.373, provided that the voter submits no 1011 more than one signed petition form for the same initiative or 1012 candidate petition. 1013 (11)ACCOMMODATION OF DISABILITIES.It is the intent of the 1014 Legislature that submitting petition forms be by methods that 1015 are fully accessible to all voters, including voters having a 1016 disability. The department shall work with the supervisors and 1017 the disability community to develop and implement procedures and 1018 technologies that include processes for providing petition 1019 forms, upon request, in alternative formats that allow all 1020 voters to submit a petition form without the assistance of 1021 another person. 1022 (12)VERIFICATION.A requested petition form is valid only 1023 if the supervisor verifies that: 1024 (a)The petition form was returned in a mailing envelope 1025 delivered by the supervisor pursuant to subsection (7) and the 1026 voter completed the voter certificate; 1027 (b)The signature on the petition form matches a signature 1028 on file for the voter in the Florida Voter Registration System; 1029 (c)The voter accurately recorded on the form the date on 1030 which the voter signed the form; 1031 (d)The form accurately sets forth the voters name, 1032 address, city, county, and voter registration number or date of 1033 birth; 1034 (e)The form accurately sets forth the voters Florida 1035 driver license number, the voters Florida identification card 1036 number, or the last 4 digits of the voters social security 1037 number; and 1038 (f)The voter is, at the time he or she signs the form and 1039 at the time the form is verified, an active and duly qualified 1040 and registered voter in this state. 1041 (13)POSTHUMOUS VERIFICATION.An otherwise valid petition 1042 form may not be invalidated because the voter died after 1043 submitting the petition. 1044 Section 10.Section 100.377, Florida Statutes, is created 1045 to read: 1046 100.377Signatures gathered for initiative petition; effect 1047 of this act.Any initiative petition form approved by the 1048 Secretary of State before the effective date of this act may 1049 continue to be circulated. Any signature gathered on an 1050 authorized form for an initiative petition or candidate petition 1051 submitted to a supervisor of elections before the effective date 1052 of this act may be kept and counted, if otherwise valid, and 1053 that form is not required to be circulated and verified pursuant 1054 to s. 100.373 or requested and verified pursuant to s. 100.375. 1055 However, any signature submitted to a supervisor of elections 1056 after the effective date of this act is subject to the 1057 provisions of this act. 1058 Section 11.Subsection (1) of section 101.161, Florida 1059 Statutes, is amended to read: 1060 101.161Referenda; ballots. 1061 (1)A constitutional amendment proposed by initiative must 1062 define all terms of art and describe all newly created rights, 1063 requirements, prohibitions, and authorizations. Whenever a 1064 constitutional amendment or other public measure is submitted to 1065 the vote of the people, a ballot summary of such amendment or 1066 other public measure shall be printed in clear and unambiguous 1067 language on the ballot after the list of candidates, followed by 1068 the word yes and also by the word no, and shall be styled in 1069 such a manner that a yes vote will indicate approval of the 1070 proposal and a no vote will indicate rejection. The ballot 1071 summary of the amendment or other public measure and the ballot 1072 title to appear on the ballot shall be embodied in the 1073 constitutional revision commission proposal, constitutional 1074 convention proposal, taxation and budget reform commission 1075 proposal, or enabling resolution or ordinance. The ballot 1076 summary of the amendment or other public measure shall be an 1077 explanatory statement, not exceeding 75 words in length, of the 1078 chief purpose of the measure. In addition, for every 1079 constitutional amendment proposed by initiative, the ballot 1080 shall include, following the ballot summary, in the following 1081 order: 1082 (a)A disclosure prepared by the Attorney General 1083 describing the material legal effects of the proposed amendment 1084 and identifying each provision of the State Constitution and 1085 Florida Statutes which may be repealed in full or in part. 1086 (b)A separate financial impact statement concerning the 1087 measure prepared by a panel composed of three persons appointed 1088 by the Governor the Financial Impact Estimating Conference in 1089 accordance with s. 100.371(8) s. 100.371(13). 1090 (c)(b)If the financial impact statement projects a net 1091 negative impact on the state budget, the following statement in 1092 bold print: 1093 1094 THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO 1095 HAVE A NET NEGATIVE IMPACT ON THE STATE BUDGET. THIS 1096 IMPACT MAY RESULT IN HIGHER TAXES OR A LOSS OF 1097 GOVERNMENT SERVICES IN ORDER TO MAINTAIN A BALANCED 1098 STATE BUDGET AS REQUIRED BY THE CONSTITUTION. 1099 1100 (d)1.(c)1.If the financial impact statement projects a net 1101 positive impact on the state budget resulting in whole or in 1102 part from additional tax revenue, the following statement in 1103 bold print: 1104 1105 THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO 1106 HAVE A NET POSITIVE IMPACT ON THE STATE BUDGET. THIS 1107 IMPACT MAY RESULT IN GENERATING ADDITIONAL REVENUE OR 1108 AN INCREASE IN GOVERNMENT SERVICES. 1109 1110 2.If the financial impact statement projects a net 1111 positive impact on the state budget for reasons other than those 1112 specified in subparagraph 1., the following statement in bold 1113 print: 1114 1115 THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO 1116 HAVE A NET POSITIVE IMPACT ON THE STATE BUDGET. THIS 1117 IMPACT MAY RESULT IN LOWER TAXES OR AN INCREASE IN 1118 GOVERNMENT SERVICES. 1119 1120 (e)(d)If the financial impact statement is indeterminate 1121 or the members of the panel Financial Impact Estimating 1122 Conference are unable to agree on the financial impact 1123 statement, the following statement in bold print: 1124 1125 THE FINANCIAL IMPACT OF THIS AMENDMENT CANNOT BE 1126 DETERMINED DUE TO AMBIGUITIES AND UNCERTAINTIES 1127 SURROUNDING THE AMENDMENTS IMPACT. 1128 1129 The ballot title shall consist of a caption, not exceeding 15 1130 words in length, by which the measure is commonly referred to or 1131 spoken of. This subsection does not apply to constitutional 1132 amendments or revisions proposed by joint resolution. 1133 Section 12.Section 104.045, Florida Statutes, is amended 1134 to read: 1135 104.045Vote selling.Any person who: 1136 (1)Corruptly offers to vote for or against, or to refrain 1137 from voting for or against, any candidate in any election, or to 1138 submit a petition form or refrain from submitting a petition 1139 form for any initiative or candidate petition, in return for 1140 pecuniary or other benefit; or 1141 (2)Accepts a pecuniary or other benefit in exchange for a 1142 promise to vote for or against, or to refrain from voting for or 1143 against, any candidate in any election, or to submit a petition 1144 form or refrain from submitting a petition form for any 1145 initiative or candidate petition, 1146 1147 is guilty of a felony of the third degree, punishable as 1148 provided in s. 775.082, s. 775.083, or s. 775.084. 1149 Section 13.Section 104.186, Florida Statutes, is repealed. 1150 Section 14.Section 106.031, Florida Statutes, is created 1151 to read: 1152 106.031Reports and filings related to political committees 1153 organized to sponsor a constitutional amendment proposed by 1154 citizen initiative; penalties. 1155 (1)As used in this section, the term 1156 (a)Foreign national has the same meaning as in s. 1157 106.08(12)(a)1. 1158 (b)Preliminary activity includes, but is not limited to, 1159 conducting a poll, drafting ballot petition language, conducting 1160 a focus group, making telephone calls, and travelling. 1161 (2)Any political committee that is organized to sponsor a 1162 constitutional amendment proposed by initiative shall also 1163 comply with the requirements of this section and this chapter. 1164 (3)Any donor or entity that makes a contribution or 1165 independent expenditure to a political committee organized to 1166 sponsor a constitutional amendment proposed by initiative shall 1167 also comply with the requirements of this section and this 1168 chapter. 1169 (4)The statement of organization required in s. 1170 106.03(1)(a) must include a statement attesting that no 1171 preliminary activity was funded by foreign nationals, whether 1172 directly or indirectly. 1173 (5)All reports required to be filed pursuant to s. 106.07 1174 must affirm that the political committee has not solicited or 1175 accepted contributions or expenditures from a foreign national. 1176 (6)Any person who makes an independent expenditure to a 1177 political committee organized to sponsor a citizen initiative 1178 petition shall also keep a record of the transaction for 5 years 1179 from the date of the independent expenditure. A person who fails 1180 to retain the records for a period of 5 years commits a 1181 misdemeanor of the third degree, punishable as provided in s. 1182 775.082 or s. 775.083. 1183 (7)Any report required pursuant to s. 106.07 must attest 1184 that each donor who made a contribution is not a foreign 1185 national and that each donor who made a contribution has not 1186 knowingly or willfully accepted funds aggregating in excess of 1187 $100,000 from a foreign national in the 4-year period preceding 1188 the date the contribution is made. 1189 (8)Each donor or entity that made an independent 1190 expenditure shall attest to the division within 48 hours after 1191 making one or more independent expenditures that it has not 1192 knowingly and willfully accepted funds aggregating in excess of 1193 $100,000 from a foreign national in the 4-year period preceding 1194 the date the contribution is made and that it will not do so 1195 through the election where the initiative is to appear on the 1196 ballot. A donor or entity that fails to make an attestation to 1197 the division within 48 hours after the contribution is made or 1198 makes a false attestation to the division commits a misdemeanor 1199 of the third degree punishable as provided in s. 775.082 or s. 1200 775.083. 1201 (9)Any political committee that willfully submits a false 1202 statement or report required under this section while knowing 1203 that such report is incorrect, false, or incomplete commits a 1204 misdemeanor of the first degree, punishable as provided in s. 1205 775.082 or s. 775.083. 1206 (10)Any political committee that violates this section is 1207 liable for a civil fine of up to $5,000 to be determined by the 1208 Florida Elections Commission. 1209 (11)Any donor or entity that made an independent 1210 expenditure that violates this section is liable for a civil 1211 fine of up to $5,000, to be determined by the Florida Elections 1212 Commission. 1213 (12)The Attorney General may investigate, act upon, or 1214 dispose of alleged criminal violations of this section. Criminal 1215 proceedings for violations of this section may be brought in the 1216 appropriate court of competent jurisdiction. In addition to 1217 other penalties provided, the court may assess a penalty up to 1218 three times the amount allowed in s. 775.083. 1219 (13)The division shall adopt rules to administer this 1220 section. 1221 Section 15.Subsection (12) of section 106.08, Florida 1222 Statutes, is amended to read: 1223 106.08Contributions; limitations on. 1224 (12)(a)1.For purposes of this subsection, the term 1225 foreign national means: 1226 a.A foreign government; 1227 b.A foreign political party; 1228 c.A foreign corporation, partnership, association, 1229 organization, or other combination of persons organized under 1230 the laws of or having its principal place of business in a 1231 foreign country; 1232 d.A person with foreign citizenship; or 1233 e.A person who is not a citizen or national of the United 1234 States and is not lawfully admitted to the United States for 1235 permanent residence. 1236 2.The term does not include: 1237 a.A person who is a dual citizen or dual national of the 1238 United States and a foreign country. 1239 b.A domestic subsidiary of a foreign corporation, 1240 partnership, association, organization, or other combination of 1241 persons organized under the laws of or having its principal 1242 place of business in a foreign country if: 1243 (I)The donations and disbursements used toward a 1244 contribution or an expenditure are derived entirely from funds 1245 generated by the subsidiarys operations in the United States; 1246 and 1247 (II)All decisions concerning donations and disbursements 1248 used toward a contribution or an expenditure are made by 1249 individuals who either hold United States citizenship or are 1250 permanent residents of the United States. For purposes of this 1251 sub-sub-subparagraph, decisions concerning donations and 1252 disbursements do not include decisions regarding the 1253 subsidiarys overall budget for contributions or expenditures in 1254 connection with an election. 1255 (b)A foreign national may not make or offer to make, 1256 directly or indirectly, a contribution or expenditure in 1257 connection with any election held in the state. A foreign 1258 national who willfully makes or offers to make, directly or 1259 indirectly, a contribution to any election in this state commits 1260 a felony of the third degree, punishable as provided in s. 1261 775.082 or s. 775.083. 1262 (c)A foreign national who directs, dictates, controls, or 1263 directly or indirectly participates in the decisionmaking 1264 process of any person with regard to that persons activities to 1265 influence a citizen initiative by petition, such as decisions 1266 concerning the making of contributions or expenditures to 1267 influence a citizen initiative by petition, commits a felony of 1268 the third degree, punishable as provided in s. 775.082 or s. 1269 775.083. 1270 (d)A political committee organized to sponsor a citizen 1271 initiative by petition which knowingly solicits or accepts any 1272 expenditure from a foreign national commits a felony of the 1273 third degree, punishable as provided in s. 775.082 or s. 1274 775.083. 1275 (e)A foreign national who willfully violates any part of 1276 this subsection or a political committee that willfully violates 1277 any part of this subsection may be subject to a fine of at least 1278 $5,000 and up to $50,000, to be determined by the Florida 1279 Elections Commission. 1280 (f)The Attorney General may investigate, act upon, or 1281 dispose of alleged criminal violations of this subsection. 1282 Criminal proceedings for violations of this subsection may be 1283 brought in the appropriate court of competent jurisdiction. In 1284 addition to other penalties provided, the court may assess a 1285 penalty of up to three times the amount allowed in s. 775.083. 1286 Section 16.Subsection (3) of section 106.19, Florida 1287 Statutes, is amended to read: 1288 106.19Violations by candidates, persons connected with 1289 campaigns, and political committees. 1290 (3)A political committee sponsoring a constitutional 1291 amendment proposed by initiative which submits a petition form 1292 gathered by a paid petition circulator which does not provide 1293 the name and address of the paid petition circulator on the form 1294 is subject to the civil penalties prescribed in s. 106.265. 1295 Section 17.Paragraph (c) of subsection (1) of section 1296 212.055, Florida Statutes, is amended to read: 1297 212.055Discretionary sales surtaxes; legislative intent; 1298 authorization and use of proceeds.It is the legislative intent 1299 that any authorization for imposition of a discretionary sales 1300 surtax shall be published in the Florida Statutes as a 1301 subsection of this section, irrespective of the duration of the 1302 levy. Each enactment shall specify the types of counties 1303 authorized to levy; the rate or rates which may be imposed; the 1304 maximum length of time the surtax may be imposed, if any; the 1305 procedure which must be followed to secure voter approval, if 1306 required; the purpose for which the proceeds may be expended; 1307 and such other requirements as the Legislature may provide. 1308 Taxable transactions and administrative procedures shall be as 1309 provided in s. 212.054. 1310 (1)CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM 1311 SURTAX. 1312 (c)1.The proposal to adopt a discretionary sales surtax as 1313 provided in this subsection and to create a trust fund within 1314 the county accounts shall be placed on the ballot in accordance 1315 with law and must be approved in a referendum held at a general 1316 election in accordance with subsection (10). 1317 2.If the proposal to adopt a surtax is by initiative, the 1318 petition sponsor must, at least 180 days before the proposed 1319 referendum, comply with all of the following: 1320 a.Provide a copy of the final resolution or ordinance to 1321 the Office of Program Policy Analysis and Government 1322 Accountability. The Office of Program Policy Analysis and 1323 Government Accountability shall procure a certified public 1324 accountant in accordance with subsection (11) for the 1325 performance audit. 1326 b.File the initiative petition and its required valid 1327 signatures with the supervisor of elections. The supervisor of 1328 elections shall verify signatures and retain signature forms in 1329 the same manner as required for initiatives under s. 100.371(6) 1330 s. 100.371(11). 1331 3.The failure of an initiative sponsor to comply with the 1332 requirements of subparagraph 2. renders any referendum held 1333 void. 1334 Section 18.If any provision of this act or its application 1335 to any person or circumstance is held invalid, the invalidity 1336 does not affect other provisions or applications of this act 1337 which can be given effect without the invalid provision or 1338 application, and to this end the provisions of this act are 1339 severable. 1340 Section 19.The Division of Law Revision is directed to 1341 replace the phrase the effective date of this act wherever it 1342 occurs in this act with the date this act becomes a law. 1343 Section 20.This act shall take effect upon becoming a law.