Florida Senate - 2025 SB 7016 By the Committee on Ethics and Elections 582-02263-25 20257016__ 1 A bill to be entitled 2 An act relating to initiative petitions proposing an 3 amendment to the State Constitution; providing 4 legislative findings and intent; amending s. 15.21, 5 F.S.; requiring the Secretary of State to have 6 received the ballot summary and the full text of the 7 proposed revision or amendment to the State 8 Constitution from the sponsor and to have received the 9 financial impact statement from the Financial Impact 10 Estimating Conference before submitting an initiative 11 petition to the Attorney General; conforming a cross 12 reference; amending s. 16.061, F.S.; revising the 13 criteria that the Attorney General uses when 14 petitioning the Supreme Court for an advisory opinion 15 related to a proposed revision or amendment to the 16 State Constitution; requiring that a copy of the 17 petition form be provided to the sponsor of the 18 initiative petition; conforming a cross-reference; 19 making a technical change; amending s. 97.021, F.S.; 20 revising the definition of the term petition 21 circulator; reenacting and amending s. 99.097, F.S.; 22 conforming a cross-reference; conforming a provision 23 to changes made by the act; amending s. 100.371, F.S.; 24 requiring the sponsor of an initiative petition to 25 obtain a certain letter periodically; providing that a 26 failure to obtain such letter results in the 27 expiration of the initiatives signatures and 28 disbanding of the sponsors political committee; 29 providing that certain initiative petition signatures 30 expire and the sponsors political committee is 31 disbanded under specified conditions; providing that 32 such sponsor is not precluded from refiling the 33 proposed amendment as a new petition; prohibiting a 34 sponsor from sponsoring more than one initiative 35 amendment; requiring a sponsor to register as a 36 political committee and submit the ballot title, 37 ballot summary, article and section of the State 38 Constitution being amended, and full text of the 39 proposed amendment to the Secretary of State; 40 requiring that all information be available in 41 alternative formats upon request; requiring the 42 secretary to assign a petition number and submit a 43 copy of the proposed amendment to the Financial Impact 44 Estimating Conference for review, analysis, and a 45 certain estimate; requiring the Division of Elections 46 to publish the form on which petition signatures must 47 be fixed; deleting a requirement that the secretary 48 adopt certain rules; requiring a sponsor to post a 49 certain bond before circulating petition forms; 50 authorizing the waiver of such requirement if the 51 sponsor provides a certain written certification under 52 oath to the division; prohibiting sponsors from paying 53 petition circulators if granted a waiver; providing 54 that the waiver is rescinded and signatures may not be 55 verified under a specified circumstance; requiring 56 that monetary contributions received by the sponsor be 57 used for specified purposes, in a specified order; 58 authorizing the division to accept a cashiers check, 59 official bank check, or money order in lieu of a bond; 60 providing the requirements for the petition form; 61 prohibiting persons, regardless of whether they are 62 compensated for collection, from collecting signatures 63 or initiative petitions if they have not been issued a 64 petition circulator number; authorizing specified 65 persons to collect signed initiative petitions from 66 their immediate family; prohibiting such persons from 67 physically possessing more than a certain number of 68 petition forms; defining the term immediate family; 69 authorizing the court to enjoin a petition circulator, 70 regardless of whether compensated, from collecting 71 signatures or initiative petitions until such petition 72 circulator is registered under a specified condition; 73 authorizing the division to revoke a petition 74 circulators registration if the petition circulator 75 commits certain violations; prohibiting certain 76 persons from collecting signatures or initiative 77 petitions; requiring that applications for 78 registration include specified information; 79 prohibiting persons from registering to collect 80 signatures or initiative petitions until they complete 81 a required training; providing the requirements for 82 such training; providing civil penalties for the 83 sponsors of initiative amendments that knowingly allow 84 persons to collect petition forms on their behalf and 85 violate specified provisions; prohibiting a sponsor 86 from compensating a petition circulator based on the 87 number of petition forms gathered or the time within 88 which such forms are gathered; providing construction; 89 requiring the division to make forms available to 90 registered petition circulators in a certain format; 91 deleting a requirement that supervisors of elections 92 provide the division information on petition forms 93 assigned to them; requiring sponsors to promptly 94 deliver forms to the supervisor of elections in the 95 county in which a voter resides within a specified 96 timeframe after the form is signed; revising the civil 97 penalties for failing to deliver forms within the 98 prescribed timeframes; providing civil penalties for 99 the sponsors of petitions if the person collecting 100 petition forms on behalf of the sponsor signs the name 101 of another, signs a fictitious name, or fills in 102 missing information on the petition form; providing 103 criminal penalties for persons who, while collecting 104 petition forms, copy or retain a voters personal 105 identifying information for a reason other than to 106 provide such information to the sponsor of an 107 initiative petition; providing civil penalties for 108 sponsors who mail or provide prefilled initiative 109 petitions; requiring the supervisor to record the date 110 a submitted petition is received; requiring the 111 supervisor to notify the division of any misfiled 112 petition; prohibiting the verification of signatures 113 until a deposit is received and processed by the 114 supervisor; requiring supervisors to notify sponsors 115 of the deposit amount which must be calculated in a 116 specified manner; requiring supervisors to notify 117 sponsors at the address of record of the need to 118 replenish the deposit amount; prohibiting the 119 verification of signatures until such deposit is 120 replenished; requiring the supervisor to request 121 replenishment of the deposit payment, and to notify 122 sponsors each time such deposit is required, until 123 specified circumstances occur; requiring the 124 supervisor to return any remaining balance under 125 specified conditions; revising the conditions under 126 which a supervisor may verify a signature on an 127 initiative petition form; requiring supervisors to 128 electronically transmit digital images, which must 129 meet a specified standard, of all signature forms to 130 the division; requiring supervisors to retain all 131 petition forms and identify those forms verified as 132 valid from those deemed invalid until such forms are 133 processed; requiring supervisors to deliver physical 134 forms to the division; requiring the division to 135 retain such forms for a specified timeframe; requiring 136 supervisors to send a notice, which may be returned to 137 the appropriate supervisor, to voters after their 138 signature is verified; providing requirements for such 139 notice; requiring the supervisor to revoke a voters 140 petition form under specified circumstances and notify 141 the division of such revocation; providing that 142 supervisors of elections are required to post on their 143 websites the actual costs of signature verification 144 for all petition forms, and that they may increase 145 such costs annually by a specified date; specifying 146 that such costs include costs related to certain 147 actions; revising the information relating to 148 verification of signatures which supervisors are 149 required to post on their website; requiring 150 supervisors to notify the Office of Election Crimes 151 and Security under a specified condition; requiring 152 the office to conduct a preliminary investigation; 153 authorizing the office to report findings of such 154 investigations to the statewide prosecutor or a 155 certain state attorney; providing that a signed 156 petition form submitted by an ineligible or 157 unregistered petition circulator must be invalidated; 158 requiring the Secretary of State to rescind the 159 certificate of ballot position if an advisory opinion 160 from the Supreme Court deems the initiative petition 161 invalid; requiring the Financial Impact Estimating 162 Conference to submit the financial impact statement to 163 the Secretary of State; requiring a certain statement 164 to be included on the ballot if the conference does 165 not complete an analysis and financial impact 166 statement within a specified timeframe; providing that 167 only the President of the Senate and the Speaker of 168 the House of Representatives, jointly, may convene the 169 conference; revising the membership of the conference; 170 deleting a provision authorizing the court to remand 171 the financial impact statement to the conference to be 172 redrafted; requiring such statement to appear on the 173 petition form and ballot; requiring a sponsor to 174 refile a petition as a new petition under certain 175 circumstances; deleting a provision that deems 176 financial impact statements approved for placement on 177 the ballot under certain circumstances; requiring the 178 Department of State to update petition forms within a 179 specified timeframe; requiring the department to make 180 the petition circulator application available within a 181 specified timeframe; providing that each petition 182 circulator registration expires on a specified date; 183 requiring the department to notify such petition 184 circulators of the expiration of their registration 185 within a specified timeframe; requiring the department 186 to develop a certain training within a specified 187 timeframe; authorizing supervisors of elections to 188 increase the costs of signature verification within a 189 specified timeframe; requiring the supervisors to post 190 such cost on their publicly available websites as soon 191 as the cost is determined; amending s. 101.161, F.S.; 192 requiring that a certain statement be included on the 193 ballot if a financial impact statement was not 194 produced or the Financial Impact Estimating Conference 195 did not meet to produce one; conforming a cross 196 reference; amending s. 102.111, F.S.; requiring the 197 Elections Canvassing Commission to certify the returns 198 of constitutional amendments; amending s. 102.121, 199 F.S.; requiring the commission to make and sign 200 separate certificates for constitutional amendments; 201 providing requirements for such certificates; amending 202 s. 102.168, F.S.; providing for standing to contest 203 the adoption of a constitutional amendment by any 204 qualified voter or taxpayer; revising the grounds on 205 which such parties may contest an election or a 206 constitutional amendment; providing that the 207 commission and the sponsor of the amendment are 208 indispensable parties in any such action; amending s. 209 104.185, F.S.; providing criminal penalties for 210 persons who fill in missing information on a petition 211 form to secure a ballot position for a candidate, a 212 minor political party, or an issue; amending s. 213 104.186, F.S.; providing criminal penalties for 214 persons who compensate others based on the number of 215 petition forms gathered, as prohibited by a specified 216 section; amending s. 104.187, F.S.; conforming a 217 cross-reference; creating s. 104.188, F.S.; defining 218 the term immediate family; providing criminal 219 penalties for certain persons who distribute, collect, 220 deliver, or otherwise physically possess more than a 221 certain number of petition forms other than their own 222 or forms belonging to an immediate family member; 223 creating s. 106.151, F.S.; prohibiting the use of 224 public funds to advocate for or against any matter 225 that is the subject of a constitutional amendment or 226 revision; providing construction; amending s. 106.19, 227 F.S.; providing that political committees sponsoring a 228 constitutional amendment are liable for specified 229 civil fines for submitting petition forms that do not 230 provide the name and address of the petition 231 circulator gathering such forms, regardless of whether 232 the petition circulator is paid; amending s. 212.055, 233 F.S.; conforming a cross-reference; amending s. 234 895.02, F.S.; revising the definition of the term 235 racketeering activity to provide criminal and civil 236 penalties for persons who commit crimes related to 237 petition circulators and sponsors of initiative 238 petitions; providing applicability; prohibiting the 239 verification of a signed petition form for a specified 240 period of time; providing construction; providing a 241 directive to the Division of Law Revision; providing 242 an effective date. 243 244 WHEREAS, the Legislature and the Secretary of State, in 245 their official capacities, have the duty and obligation to 246 ensure ballot integrity and a valid election process, and 247 WHEREAS, ballot integrity is necessary to ensure the 248 effectiveness of the constitutionally provided initiative 249 process, and 250 WHEREAS, investigations conducted by the Office of Election 251 Crimes and Security have shown that agents of political 252 committees sponsoring initiative petitions engaged in illegal 253 and fraudulent activities while gathering petition signatures in 254 the lead-up to the 2024 General Election, and 255 WHEREAS, the evidence brought forward indicates numerous 256 instances of petition circulators being paid per signature, 257 signing petition forms on behalf of deceased individuals, 258 forging or misrepresenting voter signatures on petition forms, 259 using voters personal identifying information without consent, 260 committing perjury, and swearing false oaths, and 261 WHEREAS, compensating a petition circulator based on the 262 number of petition forms gathered is a violation of s. 104.186, 263 Florida Statutes; signing another persons name, whether dead or 264 alive, or a fictitious name on a petition form is a violation of 265 s. 104.185(2), Florida Statutes; and perjury or swearing a false 266 oath is a violation of s. 837.02(1), Florida Statutes, and all 267 such violations are third degree felonies under Florida law, and 268 WHEREAS, fraudulently using another individuals personal 269 identification without his or her consent is a violation of s. 270 817.568, Florida Statutes, and is, at minimum, a third degree 271 felony, and 272 WHEREAS, the fraudulent use of another individuals 273 personal identifying information becomes a second degree felony 274 with a 3-year mandatory minimum prison sentence if the violation 275 involves the information of more than 10 but fewer than 20 276 persons, a 5-year mandatory minimum prison sentence if the 277 violation involves the information of more than 20 but fewer 278 than 30 persons, and a 10-year mandatory minimum prison sentence 279 if the violation involves the information of more than 30 280 persons, and 281 WHEREAS, despite the fiduciary duty prescribed by Florida 282 law, sponsors of initiative petitions have failed to cooperate 283 with investigations and have attempted to deflect responsibility 284 for the actions of petition circulators to contractors and 285 subcontractors, the sponsors denying that they have custody or 286 control of documents requested by state officials, and 287 WHEREAS, sponsors, contractors, and petition circulators 288 have blatantly attempted to evade investigation by delegating 289 key aspects of petition activities to out-of-state entities, who 290 then subcontracted with other individuals who were even further 291 outside the reach of Florida authorities, and 292 WHEREAS, evidence provided to the Office of Election Crimes 293 and Security by supervisors of elections in several counties 294 showed that petition circulators submitted petition forms on 295 behalf of more than 50 deceased Floridians, and 296 WHEREAS, information provided to the Office of Election 297 Crimes and Security from multiple supervisors of elections and 298 individual Florida voters showed that petition circulators 299 committed perjury and swore false oaths by distributing petition 300 forms with pre-signed attestations to groups of unregistered 301 circulators, who then obtained signatures outside the registered 302 circulators presence, and 303 WHEREAS, investigations revealed that after petition forms 304 were signed and submitted by voters, petition circulators 305 tampered with the signed forms by using a website to obtain 306 missing personal identifying information, and then filled in the 307 incomplete petition forms, and 308 WHEREAS, investigations indicated that some otherwise valid 309 petition forms were obtained by fraud, with circulators 310 misleading prospective signatories by telling them that the 311 amendment did something other than what was described in the 312 ballot summary or amendment language, or not showing the 313 signatories what was on the ballot at all, and 314 WHEREAS, evidence showed that petition circulators were 315 able to obtain the four necessary elements of personal 316 identifying information required on petitions name, address, 317 voter registration number or birthdate, and signature using 318 publicly available data to commit identity theft and complete 319 dozens, hundreds, or even thousands of petitions without ever 320 actually circulating a petition, and 321 WHEREAS, the Office of Election Crimes and Security 322 received complaints from many Florida voters whose information 323 was fraudulently submitted on forms for at least four initiative 324 petitions circulated for inclusion in the 2024 General Election, 325 and 326 WHEREAS, many of those complaints arose because some 327 supervisors of elections notified a voter when a petition form 328 bearing his or her name was rejected, which prompted such voters 329 to contact the supervisor of elections or the Office of Election 330 Crimes and Security to report potential fraud, and 331 WHEREAS, Florida does not currently restrict eligibility of 332 persons to register as a petition circulator, even though such 333 persons may be from out of state or may have been convicted of a 334 felony for identity theft or election-related crimes, and 335 WHEREAS, at least one sponsor of an initiative amendment 336 circulated during the 2024 General Election cycle settled a 337 complaint with the Office of Election Crimes and Security for 338 violations related to the petition process and agreed to pay 339 $164,000 in fines, and 340 WHEREAS, existing fines and penalties levied against 341 petition sponsors engaging in, encouraging, or at the very least 342 turning a blind eye to illegal activities related to the 343 petition process appear to be inadequate deterrents, and 344 WHEREAS, given its constitutional underpinnings, the right 345 to propose an initiative by petition is inherent and absolute, 346 but subject to reasonable regulations as necessary to ensure 347 ballot integrity and a valid election process, NOW, THEREFORE, 348 349 Be It Enacted by the Legislature of the State of Florida: 350 351 Section 1.(1)The Legislature finds that the power to 352 propose an amendment to the State Constitution is reserved to 353 the people of Florida consistent with s. 3, Article XI of the 354 State Constitution. Evidence of fraud related to the process of 355 gathering signatures on petitions for constitutional amendments 356 compels the Legislature to act to protect the integrity of the 357 ballot, ensure a valid election process, and protect the 358 constitutionally provided initiative process. 359 (2)It is the intent of the Legislature to update the 360 reasonable regulations in place for petition circulators, 361 increase transparency and accountability for sponsors of 362 initiative petitions, provide prospective signatories with 363 objective information regarding the impact of a proposed 364 amendment, and deter, prevent, and penalize fraudulent 365 activities related to initiative petitions. 366 Section 2.Subsections (1) and (2) of section 15.21, 367 Florida Statutes, are amended to read: 368 15.21Initiative petitions; s. 3, Art. XI, State 369 Constitution. 370 (1)The Secretary of State shall immediately submit an 371 initiative petition to the Attorney General if the sponsor has: 372 (a)Registered as a political committee pursuant to s. 373 106.03; 374 (b)Submitted the ballot title, ballot summary substance, 375 and full text of the proposed revision or amendment to the 376 Secretary of State and received a financial impact statement 377 pursuant to ss. 100.371 and 101.161; and 378 (c)Obtained a letter from the Division of Elections 379 confirming that the sponsor has submitted to the appropriate 380 supervisors for verification, and the supervisors have verified, 381 forms signed and dated equal to 25 percent of the number of 382 electors statewide required by s. 3, Art. XI of the State 383 Constitution in one-half of the congressional districts of the 384 state. 385 (2)If the Secretary of State has submitted an initiative 386 petition to the Attorney General pursuant to subsection (1) but 387 the validity of the signatures for such initiative petition has 388 expired pursuant to s. 100.371(14)(a) s. 100.371(11)(a) before 389 securing ballot placement, the Secretary of State must promptly 390 notify the Attorney General. The Secretary of State may resubmit 391 the initiative petition to the Attorney General if the 392 initiative petition is later circulated for placement on the 393 ballot of a subsequent general election and the criteria under 394 subsection (1) are satisfied. 395 Section 3.Subsections (1), (2), and (3) of section 16.061, 396 Florida Statutes, are amended to read: 397 16.061Initiative petitions. 398 (1)The Attorney General shall, within 30 days after 399 receipt of a proposed revision or amendment to the State 400 Constitution by initiative petition from the Secretary of State, 401 petition the Supreme Court, requesting an advisory opinion 402 regarding the compliance of the text of the proposed amendment 403 or revision with s. 3, Art. XI of the State Constitution, 404 whether the proposed amendment is facially invalid under the 405 United States Constitution, and the compliance of the proposed 406 ballot title and substance with s. 101.161, and the compliance 407 of the financial impact statement with s. 100.371(16). The 408 petition may enumerate any specific factual issues that the 409 Attorney General believes would require a judicial 410 determination. 411 (2)A copy of the petition shall be provided to the 412 Secretary of State and the principal officer of the sponsor of 413 the initiative petition. 414 (3)Any financial fiscal impact statement that the Supreme 415 Court finds not to be in accordance with s. 100.371(16) must s. 416 100.371 shall be remanded solely to the Financial Impact 417 Estimating Conference for redrafting. 418 Section 4.Subsection (28) of section 97.021, Florida 419 Statutes, is amended to read: 420 97.021Definitions.For the purposes of this code, except 421 where the context clearly indicates otherwise, the term: 422 (28)Petition circulator means an entity or individual 423 who collects signatures for compensation for the purpose of 424 qualifying a proposed constitutional amendment for ballot 425 placement. The term does not include a person who collects 426 signatures from his or her spouse, parent, child, grandparent, 427 grandchild, or sibling, or the parent, child, grandparent, 428 grandchild, or sibling of his or her spouse. 429 Section 5.Paragraphs (a) and (d) of subsection (4) of 430 section 99.097, Florida Statutes, are amended, and paragraph (b) 431 of subsection (1) of that section is reenacted, to read: 432 99.097Verification of signatures on petitions. 433 (1) 434 (b)Rules and guidelines for petition verification shall be 435 adopted by the Department of State. Rules and guidelines for a 436 random sample method of verification may include a requirement 437 that petitions bear an additional number of names and 438 signatures, not to exceed 15 percent of the names and signatures 439 otherwise required. If the petitions do not meet such criteria 440 or if the petitions are prescribed by s. 100.371, the use of the 441 random sample method of verification is not available to 442 supervisors. 443 (4)(a)The supervisor must be paid in advance the sum of 10 444 cents for each signature checked or the actual cost of checking 445 such signature, whichever is less, by the candidate or, in the 446 case of a petition to have a local issue placed on the ballot, 447 by the person or organization submitting the petition. In the 448 case of a petition to place a statewide issue on the ballot, the 449 person or organization submitting the petition must pay the 450 supervisor in advance the cost posted by the supervisor pursuant 451 to s. 100.371(14) s. 100.371(11) for the actual cost of checking 452 signatures to place a statewide issue on the ballot. 453 (d)Except as provided in s. 100.371(14)(b), petitions must 454 be retained by the supervisors for a period of 1 year following 455 the election for which the petitions were circulated. 456 Section 6.Section 100.371, Florida Statutes, is amended to 457 read: 458 100.371Initiatives; procedure for placement on ballot. 459 (1)(a)Constitutional amendments proposed by initiative 460 shall be placed on the ballot for the general election, provided 461 the initiative petition has been filed with the Secretary of 462 State no later than February 1 of the year the general election 463 is held. A petition shall be deemed to be filed with the 464 Secretary of State upon the date the secretary determines that 465 valid and verified petition forms have been signed by the 466 constitutionally required number and distribution of voters 467 electors under this code. 468 (b)A sponsor of an initiative petition shall obtain, at 469 least every third election cycle, a letter pursuant to s. 470 15.21(1)(c). Failure to obtain such letter results in expiration 471 of the initiative petitions signatures and disbanding of the 472 sponsors political committee. 473 (c)Initiative petition signatures expire and the sponsors 474 political committee is disbanded if a constitutional amendment 475 proposed by initiative submitted to the Secretary of State 476 before February 1, 2022, fails to obtain a letter pursuant to s. 477 15.21(1)(c) before February 1, 2026. This paragraph does not 478 preclude such a sponsor from refiling the proposed amendment as 479 a new petition. 480 (2)The sponsor of an initiative amendment may not sponsor 481 more than one amendment and shall, before circulating any 482 petition forms: prior to obtaining any signatures, 483 (a)Register as a political committee pursuant to s. 106.03 484 and submit the ballot title, ballot summary, article and section 485 of the State Constitution being amended, and full text of the 486 proposed amendment to the Secretary of State. The proposed 487 amendment and all forms filed in connection with this section 488 must, upon request, be made available in alternative formats, 489 with the form on which the signatures will be affixed, and shall 490 obtain the approval of the Secretary of State of such form. Upon 491 receipt, the Secretary of State shall assign the initiative 492 petition a petition number and submit a copy of the proposed 493 amendment to the Financial Impact Estimating Conference for 494 review, analysis, and estimation of the financial impact of the 495 proposed amendment. After the review by the Financial Impact 496 Estimating Conference, the division shall publish the form with 497 the information provided for in subsection (3) and on which 498 signatures for the initiative petition will be affixed The 499 Secretary of State shall adopt rules pursuant to s. 120.54 500 prescribing the style and requirements of such form. Upon filing 501 with the Secretary of State, the text of the proposed amendment 502 and all forms filed in connection with this section must, upon 503 request, be made available in alternative formats. 504 (b)1.Post a $1 million bond payable to the division. Such 505 bond must be conditioned upon the payment of all fines adjudged 506 against the sponsor. This requirement may be waived if a sponsor 507 cannot post such a bond without imposing an undue burden on the 508 sponsors resources and provides a written certification of such 509 inability given under oath to the division. However, a person 510 may not be paid to circulate petitions if an undue burden oath 511 has been filed pursuant to this paragraph. If a person is 512 subsequently paid to circulate petitions, the waiver of the bond 513 must be immediately rescinded, and signatures may not be 514 validated until the bond is posted and any outstanding fines 515 have been paid. If the sponsor receives a contribution as 516 defined in s. 106.011: 517 a.Monetary contributions must first be used to reimburse 518 the supervisor of elections for any verification fees that were 519 not paid because of the filing of an undue burden oath pursuant 520 to s. 99.097(4). 521 b.After the sponsor satisfies the obligation in sub 522 subparagraph a., contributions must be used to secure a bond as 523 required by this subsection. 524 c.After the sponsor satisfies the obligations in sub 525 subparagraphs a. and b., contributions may be used to pay 526 petition circulators. 527 2.In lieu of a bond, the division may accept a cashiers 528 check, official bank check, or money order in the amount of the 529 bond. 530 (3)(a)The petition form must prominently display the 531 petition number, the ballot title, the ballot summary, and, for 532 a proposed amendment submitted to the Secretary of State after 533 the effective date of this act, the financial impact statement. 534 The petition form must also include the full text of the 535 proposed amendment; the name and address of the sponsor; and the 536 date received by the Secretary of State, a bar code associated 537 with the initiative petition, and a serial number, and must 538 solicit and require all of the following information: 539 1.The full name of the voter. 540 2.The voters address and county of legal residence. 541 3.The voters Florida voter registration number or date of 542 birth. 543 4.The voters Florida driver license number or the voters 544 Florida identification card number issued pursuant to s. 545 322.051, or the last four digits of the voters social security 546 number. 547 5.An attestation that the voter is a registered Florida 548 voter and is petitioning the Secretary of State to place the 549 proposed amendment on the ballot. 550 6.The voters signature and the date signed. 551 (b)The petition form must also include all of the 552 following: 553 1.The Petition Circulators Affidavit with the 554 circulators name, permanent address, and petition circulator 555 number. 556 2.The following statement, which must be signed and dated 557 by the circulator: 558 559 By my signature below, as petition circulator, I 560 verify that the petition was completed and signed by 561 the voter in my presence. Under penalty of perjury, I 562 declare that I have read the foregoing Petition 563 Circulators Affidavit, and the facts stated in it are 564 true. 565 566 3.A notice that the form becomes a public record upon 567 receipt by the supervisor of elections. 568 4.A notice that it is a misdemeanor of the first degree to 569 knowingly sign the same initiative petition more than once and 570 that the form will not be validated if all requested information 571 is not completed. 572 (c)The petition form must be in a type not less than 10 573 points. The length of the petition form may not exceed one page, 574 front and back. 575 (4)(a)1.A person may not collect signatures or initiative 576 petitions for compensation unless the person is registered as a 577 petition circulator with the Secretary of State and is issued a 578 petition circulators number. 579 2.Notwithstanding subparagraph 1., a person may collect 580 signed initiative petitions from his or her immediate family 581 without registering as a petition circulator. Such person may 582 not physically possess more than two petition forms in addition 583 to his or her own petition form or a petition form belonging to 584 an immediate family member. For the purposes of this subsection, 585 the term immediate family means a persons spouse or the 586 parent, child, grandparent, grandchild, or sibling of the person 587 or the persons spouse. 588 (b)A citizen may challenge a petition circulators 589 registration under this section by filing a petition in circuit 590 court. If the court finds that the respondent is not a 591 registered petition circulator, the court may enjoin the 592 respondent from collecting signatures or initiative petitions 593 for compensation until she or he is lawfully registered. 594 (c)The division may revoke a petition circulators 595 registration if the circulator violates this section. 596 (d)1.A person may not collect signatures or initiative 597 petitions if he or she has been convicted of a felony violation 598 and has not had his or her right to vote restored. 599 2.A person may not collect signatures or initiative 600 petitions if he or she is not a citizen of the United States. 601 (e)(4)An application for registration must be submitted in 602 the format required by the Secretary of State and must include 603 the following: 604 1.(a)The information required to be on the petition form 605 under s. 101.161, including the ballot summary and title as 606 received approved by the Secretary of State. 607 2.(b)The applicants name, permanent address, temporary 608 address, if applicable, and date of birth; a copy of his or her 609 driver license or identification card, regardless of whether 610 such license or identification card was issued by this state; 611 and the last four digits of his or her social security number. 612 3.(c)An address in this state at which the applicant will 613 accept service of process related to disputes concerning the 614 petition process, if the applicant is not a resident of this 615 state. 616 4.(d)A statement that the applicant consents to the 617 jurisdiction of the courts of this state in resolving disputes 618 concerning the petition process. 619 5.(e)Any information required by the Secretary of State to 620 verify the applicants identity or address. 621 6.Whether the applicant has been convicted of a felony 622 violation and has not had his or her right to vote restored, by 623 including the statement, I affirm that I am not a convicted 624 felon, or, if I am, my right to vote has been restored. and 625 providing a box for the applicant to check to affirm the 626 statement. 627 7.Whether the applicant is a citizen of the United States, 628 by asking the question, Are you a citizen of the United States 629 of America? and providing boxes for the applicant to check 630 whether the applicant is or is not a citizen of the United 631 States. 632 8.The signature of the applicant under penalty of perjury 633 for false swearing pursuant to s. 104.011, by which the 634 applicant swears or affirms that the information contained in 635 the application is true. 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 may be in an 640 electronic format available on the divisions 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 signatures gathered. 651 5.The specific criminal penalties to which a petition 652 circulator may be subject for violating the Florida Election 653 Code. 654 (g)The sponsor of the initiative amendment is liable for a 655 fine in the amount of $50,000 for each person the sponsor 656 knowingly allows to collect petition forms on behalf of the 657 sponsor in violation of this subsection. 658 (5)A sponsor may not compensate a petition circulator 659 based on the number of petition forms gathered or the time 660 within which a number of petition forms is gathered. This 661 prohibition includes, but is not limited to, paying a specified 662 amount per petition form gathered, basing an hourly rate on the 663 number of petition forms gathered over a specified period of 664 time, or providing any other benefit or form of compensation 665 based on the number of petition forms gathered. All petitions 666 collected by a petition circulator must contain, in a format 667 required by the Secretary of State, a completed Petition 668 Circulators Affidavit which includes: 669 (a)The circulators name and permanent address; 670 (b)The following statement, which must be signed by the 671 circulator: 672 673 By my signature below, as petition circulator, I 674 verify that the petition was signed in my presence. 675 Under penalties of perjury, I declare that I have read 676 the foregoing Petition Circulators Affidavit and the 677 facts stated in it are true. 678 679 (6)The division or the supervisor of elections shall make 680 hard copy petition forms or electronic portable document format 681 petition forms available to registered petition circulators. All 682 such forms must contain information identifying the petition 683 circulator to which the forms are provided. The division shall 684 maintain a database of all registered petition circulators and 685 the petition forms assigned to each. Each supervisor of 686 elections shall provide to the division information on petition 687 forms assigned to and received from petition circulators. The 688 information must be provided in a format and at times as 689 required by the division by rule. The division must update 690 information on petition forms daily and make the information 691 publicly available. 692 (7)(a)A sponsor that collects petition forms or uses a 693 petition circulator to collect petition forms serves as a 694 fiduciary to the voter elector signing the petition form and 695 shall ensure, ensuring that any petition form entrusted to the 696 sponsor or petition circulator is shall be promptly delivered to 697 the supervisor of elections in the county in which the voter 698 resides within 10 30 days after the voter elector signs the 699 form. If a petition form collected by the sponsor or any 700 petition circulator is not promptly delivered to the supervisor 701 of elections, the sponsor is liable for the following fines: 702 1.A fine in the amount of $50 per each day late for each 703 petition form received by the supervisor of elections in the 704 county in which the voter resides more than 10 30 days after the 705 voter elector signed the petition form or the next business day, 706 if the office is closed. A fine in the amount of $2,500 $250 for 707 each petition form received if the sponsor or petition 708 circulator acted willfully. 709 2.A fine in the amount of $100 per each day late, up to a 710 maximum of $5,000, for each petition form collected by a sponsor 711 or a petition circulator, signed by a voter before February 1 of 712 the year the general election is held and received by the 713 supervisor of elections in the county in which the voter resides 714 after the deadline for such election. A fine in the amount of 715 $5,000 for each such petition form received if the sponsor or 716 petition circulator acted willfully. 717 3.A fine in the amount of $500 for each petition form 718 collected by a petition circulator which is not submitted to the 719 supervisor of elections in the county in which the voter 720 resides. A fine in the amount of $5,000 $1,000 for any petition 721 form not so submitted if the sponsor or petition circulator 722 acting on its behalf acted willfully. 723 (b)A showing by the sponsor that the failure to deliver 724 the petition form within the required timeframe is based upon 725 force majeure or impossibility of performance is an affirmative 726 defense to a violation of this subsection. The fines described 727 in this subsection may be waived upon a showing that the failure 728 to deliver the petition form promptly is based upon force 729 majeure or impossibility of performance. 730 (8)If a person collecting petition forms on behalf of a 731 sponsor of an initiative petition signs another persons name or 732 a fictitious name to any petition, or fills in missing 733 information on a petition, to secure a ballot position in 734 violation of s. 104.185(2), the sponsor of the initiative 735 petition is liable for a fine in the amount of $5,000 for each 736 such petition. 737 (9)If a person collecting petition forms on behalf of a 738 sponsor of an initiative petition copies or retains a voters 739 personal information, such as the voters Florida driver license 740 number, Florida identification card number, social security 741 number, or signature, for any reason other than to provide such 742 information to the sponsor of the initiative petition, the 743 person commits a felony of the third degree, punishable as 744 provided in s. 775.082, s. 775.083, or s. 775.084. 745 (10)A sponsor of an initiative petition or person 746 collecting petition forms on behalf of a sponsor of an 747 initiative petition may not mail or otherwise provide a petition 748 form upon which any information about a voter has been filled in 749 before it is provided to the voter. A sponsor of an initiative 750 petition that violates this subsection is liable for a fine in 751 the amount of $50 for each such petition form. 752 (11)(8)If the Secretary of State reasonably believes that 753 a person or entity has committed a violation of this section, 754 the secretary may refer the matter to the Attorney General for 755 enforcement. The Attorney General may institute a civil action 756 for a violation of this section or to prevent a violation of 757 this section. An action for relief may include a permanent or 758 temporary injunction, a restraining order, or any other 759 appropriate order. 760 (12)(9)The division shall adopt by rule a complaint form 761 for a voter an elector who claims to have had his or her 762 signature misrepresented, forged, or not delivered to the 763 supervisor. The division shall also adopt rules to ensure the 764 integrity of the petition form gathering process, including 765 rules requiring sponsors to account for all petition forms used 766 by their agents. Such rules may require a sponsor or petition 767 circulator to provide identification information on each 768 petition form as determined by the department as needed to 769 assist in the accounting of petition forms. 770 (13)(10)The date on which a voter an elector signs a 771 petition form is presumed to be the date on which the petition 772 circulator received or collected the petition form. 773 (14)(a)(11)(a)An initiative petition form circulated for 774 signature may not be bundled with or attached to any other 775 petition. Each signature shall be dated when made and shall be 776 valid until the next February 1 occurring in an even-numbered 777 year for the purpose of the amendment appearing on the ballot 778 for the general election occurring in that same year, provided 779 all other requirements of law are met. The sponsor shall submit 780 signed and dated forms to the supervisor of elections for the 781 county of residence listed by the person signing the form for 782 verification of the number of valid signatures obtained. The 783 supervisor shall record the date each submitted petition is 784 received. If a signature on a petition is from a registered 785 voter in another county, the supervisor must shall notify the 786 petition sponsor and the division of the misfiled petition. The 787 supervisor shall promptly verify the signatures within 60 days 788 after receipt of the petition forms and payment of a fee for the 789 actual cost of signature verification incurred by the 790 supervisor. However, for petition forms submitted less than 60 791 days before February 1 of an even-numbered year, the supervisor 792 shall promptly verify the signatures within 30 days after 793 receipt of the form and payment of the fee for signature 794 verification. 795 (b)The verification of such signatures by the supervisors 796 office may not begin or continue to occur unless a deposit has 797 been received and processed by the supervisor. Each supervisor 798 shall notify the sponsor of the deposit amount required for his 799 or her office, which must be calculated based on the sum of the 800 supervisors cost estimate for processing initiative petition 801 forms times 10 percent of the countys active registered voters 802 in each congressional district, as reported in the last general 803 election. Upon a supervisors receipt of completed petition 804 forms in an amount that equals 10 percent of the signatures 805 needed, the supervisor shall notify the sponsor at the address 806 of record of the need to replenish the deposit amount. 807 Verification of signatures may not continue until the 808 replenishment of the deposit payment has been received and 809 processed by the supervisor. A supervisor shall request the 810 replenishment of the deposit payment required by this paragraph 811 each time his or her office has received and processed 10 812 percent of the required signatures, until such time as the 813 sponsor notifies the supervisor that the initiative has achieved 814 ballot placement, that the deadline for verifying petition 815 signatures has passed for the current election cycle, or that 816 the sponsor has provided written notice to the supervisor and 817 the division that the sponsor seeks to close or withdraw the 818 initiative petition, at which time the supervisor shall return 819 any remaining balance of the deposit amount. 820 (c)The supervisor shall promptly record, in the manner 821 prescribed by the Secretary of State, the date each form is 822 received by the supervisor, and the date the signature on the 823 form is verified as valid. The supervisor may verify that the 824 signature on a form is valid only if: 825 1.The form contains the original signature of the 826 purported voter elector. 827 2.The purported voter elector has accurately recorded on 828 the form the date on which he or she signed the form. 829 3.The form sets forth the purported voters: electors 830 a.Full name;, 831 b.Address and, city, county of residence;, and 832 c.Voter registration number or date of birth; and 833 d.Florida driver license or Florida identification card 834 number issued pursuant to s. 322.051 or the last four digits of 835 the voters social security number. 836 4.The purported voter elector is, at the time he or she 837 signs the form and at the time the form is verified, a duly 838 qualified and registered voter elector in the state. 839 5.The signature was obtained legally, including that if a 840 paid petition circulator was used, the circulator was validly 841 registered under subsection (4) (3) when the signature was 842 obtained. 843 844 The supervisor shall retain all signature forms, separating 845 forms verified as valid from those deemed invalid, for at least 846 1 year following the election for which the petition was 847 circulated. 848 (d)1.(b)On the last day of each month, or on the last day 849 of each week from December 1 of an odd-numbered year through 850 February 1 of the following year, each supervisor shall 851 electronically transmit all signature forms to the division. The 852 digital images of the scanned signature forms must be of high 853 enough quality that division personnel are be able to accurately 854 discern elements contained in such forms. Forms that have been 855 verified as valid must be separated from those that have been 856 deemed invalid. 857 2.Each supervisor must retain all petition forms, 858 identifying forms verified as valid from those deemed invalid, 859 until all petition forms have been processed following the 860 February 1 deadline. As soon as practicable following the 861 processing of the last timely submitted petition form, but not 862 later than March 15 following the February 1 deadline, the 863 supervisor must deliver the physical forms to the division. The 864 division shall retain all petition forms for 1 year following 865 the election for which the petition was circulated. 866 (e)When the signature on the petition form is verified as 867 valid, the supervisor shall, as soon as practicable, notify the 868 voter by mail at the mailing address on file in the Florida 869 Voter Registration System. 870 1.Such notice must be sent by forwardable mail with a 871 postage prepaid preaddressed form, which may be returned to the 872 supervisor. The notice shall include contact information for the 873 supervisor of elections office, including the telephone number, 874 fax number, mailing address, and e-mail address. The notice must 875 include all of the following statements or information in 876 substantially the following form: 877 a.A petition to place a proposed constitutional amendment 878 on the ballot for the next general election, bearing your name 879 and signature, has been received and verified by the Supervisor 880 of Elections Office. 881 b.That the petition included: 882 (I)...(Insert the petition serial number, ballot title, 883 ballot summary, and sponsoring committee)...; and 884 (II)...(Insert the date the voter signed the petition, the 885 date the petition was received by the Supervisor of Elections 886 Office, and the date the petition was verified by the Supervisor 887 of Elections... 888 c.Check the box, sign, and return this notice to your 889 Supervisor of Elections if you believe your signature has been 890 misrepresented or forged on a petition. The petition form in 891 question will be invalidated and not be counted toward the 892 number of signatures required to place this proposed 893 constitutional amendment on the ballot. 894 d.A returned notice must be received by the Supervisor of 895 Elections by February 1 of the year in which the general 896 election is held. 897 2.Such notice must include both of the following: 898 a.A box for a voter to check if his or her signature was 899 misrepresented or forged on the petition and a blank space for 900 the voter to sign and date the return form attesting to such. 901 b.The following disclosure, which must be prominently 902 displayed beneath the space for the voters signature: 903 904 This notice becomes a public record upon receipt by 905 the Supervisor of Elections. It is a second degree 906 misdemeanor, punishable as provided in s. 775.082, 907 Florida Statutes, or s. 772.083, Florida Statutes, for 908 any person to knowingly make a false official 909 statement pursuant to s. 837.06, Florida Statutes. 910 911 3.Upon receiving a completed notice, the supervisor shall 912 revoke the voters petition form, which must be deemed invalid, 913 and the supervisor shall immediately notify the division. 914 (f)Each supervisor shall post the actual cost of signature 915 verification for petition forms received more than 60 days 916 before February 1 of an even-numbered year and for petition 917 forms received less than 60 days before February 1 of an even 918 numbered year on his or her website, and may increase such cost, 919 as necessary, annually on March 1 February 2 of each even 920 numbered year. These costs include operating and personnel costs 921 associated with comparing signatures, printing or sending 922 notices to voters that their signature has been verified, and 923 transmitting petition forms to the division. The division shall 924 also publish each countys current cost on its website. The 925 division and each supervisor shall biennially review available 926 technology aimed at reducing verification costs. 927 (g)(c)On the last day of each month, or on the last day of 928 each week from December 1 of an odd-numbered year through 929 February 1 of the following year, each supervisor shall post on 930 his or her website the total number of signatures submitted, the 931 total number of invalid signatures, the total number of 932 signatures processed, total number of signatures revoked, and 933 the aggregate number of verified valid signatures and the 934 distribution of such signatures by congressional district for 935 each proposed amendment proposed by initiative, along with the 936 following information specific to the reporting period: the 937 total number of signed petition forms received, the total number 938 of signatures verified, the distribution of verified valid 939 signatures by congressional district, and the total number of 940 verified petition forms forwarded to the Secretary of State. For 941 any reporting period in which the percentage of signatures 942 deemed invalid exceeds 25 percent, the supervisor shall notify 943 the Office of Election Crimes and Security. The Office of 944 Election Crimes and Security, as authorized by s. 97.012(15) and 945 s. 97.022(1), shall conduct a preliminary investigation and may, 946 if warranted, report findings to the statewide prosecutor or the 947 state attorney for the judicial circuit in which the alleged 948 violation occurred for prosecution. 949 (h)A signed petition form submitted by an ineligible or 950 unregistered petition circulator must be invalidated and not 951 counted toward the number of necessary signatures for placement 952 on the ballot. 953 (15)(12)The Secretary of State shall determine from the 954 signatures verified by the supervisors of elections the total 955 number of verified valid signatures and the distribution of such 956 signatures by congressional districts, and the division shall 957 post such information on its website at the same intervals 958 specified in paragraph (14)(g) (11)(c). Upon a determination 959 that the requisite number and distribution of valid signatures 960 have been obtained, the secretary shall issue a certificate of 961 ballot position for that proposed amendment and shall assign a 962 designating number pursuant to s. 101.161. The secretary shall 963 rescind the certificate of ballot position if an advisory 964 opinion issued by the Supreme Court pursuant to s. 16.061(1) 965 deems the initiative petition invalid. 966 (16)(a)(13)(a)Upon receipt of a proposed revision or 967 amendment from the Secretary of State, the coordinator of the 968 Office of Economic and Demographic Research shall contact the 969 person identified as the sponsor to request an official list of 970 all persons authorized to speak on behalf of the named sponsor 971 and, if there is one, the sponsoring organization at meetings 972 held by the Financial Impact Estimating Conference. All other 973 persons must be deemed interested parties or proponents or 974 opponents of the initiative. The Financial Impact Estimating 975 Conference shall provide an opportunity for any representative 976 of the sponsor, interested parties, and proponents or opponents 977 of the initiative to submit information and may solicit 978 information or analysis from any other entities or agencies, 979 including the Office of Economic and Demographic Research At the 980 same time the Secretary of State submits an initiative petition 981 to the Attorney General pursuant to s. 15.21, the secretary 982 shall submit a copy of the initiative petition to the Financial 983 Impact Estimating Conference. 984 (b)Within 75 days after receipt of a proposed revision or 985 amendment to the State Constitution by initiative petition from 986 the Secretary of State, the Financial Impact Estimating 987 Conference shall complete an analysis and financial impact 988 statement to be placed on the ballot of the estimated increase 989 or decrease in any revenues or costs to state or local 990 governments and the overall impact to the state budget resulting 991 from the proposed initiative. The 75-day time limit is tolled 992 when the Legislature is in session. The Financial Impact 993 Estimating Conference shall submit the financial impact 994 statement to the Attorney General and Secretary of State. If the 995 initiative petition has been submitted to the Financial Impact 996 Estimating Conference but the validity of signatures has expired 997 and the initiative petition no longer qualifies for ballot 998 placement at the ensuing general election, the Secretary of 999 State must notify the Financial Impact Estimating Conference. 1000 The Financial Impact Estimating Conference does is not required 1001 to complete an analysis and financial impact statement for an 1002 initiative petition that fails to meet the requirements of 1003 subsection (1) for placement on the ballot before the 75-day 1004 time limit, including any tolling period, expires, the ballot 1005 must include the statement required by s. 101.161(1)(e). The 1006 initiative petition may be resubmitted to the Financial Impact 1007 Estimating Conference if the initiative petition meets the 1008 requisite criteria for a subsequent general election cycle. A 1009 new Financial Impact Estimating Conference shall be established 1010 at such time as the initiative petition again satisfies the 1011 criteria in s. 15.21(1). 1012 (b)Immediately upon receipt of a proposed revision or 1013 amendment from the Secretary of State, the coordinator of the 1014 Office of Economic and Demographic Research shall contact the 1015 person identified as the sponsor to request an official list of 1016 all persons authorized to speak on behalf of the named sponsor 1017 and, if there is one, the sponsoring organization at meetings 1018 held by the Financial Impact Estimating Conference. All other 1019 persons shall be deemed interested parties or proponents or 1020 opponents of the initiative. The Financial Impact Estimating 1021 Conference shall provide an opportunity for any representatives 1022 of the sponsor, interested parties, proponents, or opponents of 1023 the initiative to submit information and may solicit information 1024 or analysis from any other entities or agencies, including the 1025 Office of Economic and Demographic Research. 1026 (c)The Financial Impact Estimating Conference may be 1027 convened only by the President of the Senate and the Speaker of 1028 the House of Representatives, jointly. All meetings of the 1029 Financial Impact Estimating Conference shall be open to the 1030 public. The President of the Senate and the Speaker of the House 1031 of Representatives, jointly, shall be the sole judge for the 1032 interpretation, implementation, and enforcement of this 1033 subsection. 1034 1.The Financial Impact Estimating Conference is 1035 established to review, analyze, and estimate the financial 1036 impact of amendments to or revisions of the State Constitution 1037 proposed by initiative. The Financial Impact Estimating 1038 Conference shall consist of four principals: one person from the 1039 professional staff of the Executive Office of the Governor, 1040 designated by the Governor; the coordinator of the Office of 1041 Economic and Demographic Research, or his or her designee; one 1042 person from the professional staff of the Senate, designated by 1043 the President of the Senate; and one person from the 1044 professional staff of the House of Representatives, designated 1045 by the Speaker of the House of Representatives. Each principal 1046 shall have appropriate fiscal expertise in the subject matter of 1047 the initiative. A Financial Impact Estimating Conference may be 1048 appointed for each initiative. 1049 2.Principals of the Financial Impact Estimating Conference 1050 shall reach a consensus or majority concurrence on a clear and 1051 unambiguous financial impact statement, no more than 150 words 1052 in length, and immediately submit the statement to the Attorney 1053 General. Nothing in this subsection prohibits the Financial 1054 Impact Estimating Conference from setting forth a range of 1055 potential impacts in the financial impact statement. Any 1056 financial impact statement that a court finds not to be in 1057 accordance with this section shall be remanded solely to the 1058 Financial Impact Estimating Conference for redrafting. The 1059 Financial Impact Estimating Conference shall redraft the 1060 financial impact statement within 15 days. 1061 3.If the Supreme Court has rejected the initial submission 1062 by the Financial Impact Estimating Conference and no redraft has 1063 been approved by the Supreme Court by 5 p.m. on the 75th day 1064 before the election, the following statement shall appear on the 1065 ballot: The impact of this measure, if any, has not been 1066 determined at this time. 1067 (d)The financial impact statement must be separately 1068 contained on the petition form and the ballot and be set forth 1069 after the ballot summary as required in s. 101.161(1). 1070 1.If the financial impact statement projects a net 1071 negative impact on the state budget, the ballot must include the 1072 statement required by s. 101.161(1)(b). 1073 2.If the financial impact statement projects a net 1074 positive impact on the state budget, the ballot must include the 1075 statement required by s. 101.161(1)(c). 1076 3.If the financial impact statement estimates an 1077 indeterminate financial impact or if the members of the 1078 Financial Impact Estimating Conference are unable to agree on 1079 the statement required by this subsection, the ballot must 1080 include the statement required by s. 101.161(1)(d). 1081 4.If the financial impact statement was not produced or if 1082 the Financial Impact Estimating Conference did not meet to 1083 produce the financial statement, the ballot must include the 1084 statement required by s. 101.161(1)(e). 1085 (e)1.Any financial impact statement that the Supreme Court 1086 finds not to be in accordance with this subsection shall be 1087 remanded solely to the Financial Impact Estimating Conference 1088 for redrafting, provided the courts advisory opinion is 1089 rendered at least 75 days before the election at which the 1090 question of ratifying the amendment will be presented. The 1091 Financial Impact Estimating Conference shall prepare and adopt a 1092 revised financial impact statement no later than 5 p.m. on the 1093 15th day after the date of the courts opinion. The sponsor of 1094 the initiative must refile the petition with the revised 1095 financial impact statement with the Secretary of State as a new 1096 petition. 1097 2.If, by 5 p.m. on the 75th day before the election, the 1098 Supreme Court has not issued an advisory opinion on the initial 1099 financial impact statement prepared by the Financial Impact 1100 Estimating Conference for an initiative amendment that otherwise 1101 meets the legal requirements for ballot placement, the financial 1102 impact statement shall be deemed approved for placement on the 1103 ballot. 1104 (f)3.In addition to the financial impact statement 1105 required by this subsection, the Financial Impact Estimating 1106 Conference shall draft an initiative financial information 1107 statement. The initiative financial information statement should 1108 describe in greater detail than the financial impact statement 1109 any projected increase or decrease in revenues or costs that the 1110 state or local governments would likely experience if the ballot 1111 measure were approved. If appropriate, the initiative financial 1112 information statement may include both estimated dollar amounts 1113 and a description placing the estimated dollar amounts into 1114 context. The initiative financial information statement must 1115 include both a summary of not more than 500 words and additional 1116 detailed information that includes the assumptions that were 1117 made to develop the financial impacts, workpapers, and any other 1118 information deemed relevant by the Financial Impact Estimating 1119 Conference. 1120 (g)4.The Department of State shall have printed, and shall 1121 furnish to each supervisor of elections, a copy of the summary 1122 from the initiative financial information statements. The 1123 supervisors shall have the summary from the initiative financial 1124 information statements available at each polling place and at 1125 the main office of the supervisor of elections upon request. 1126 (h)5.The Secretary of State and the Office of Economic and 1127 Demographic Research shall make available on the Internet each 1128 initiative financial information statement in its entirety. In 1129 addition, each supervisor of elections whose office has a 1130 website shall post the summary from each initiative financial 1131 information statement on the website. Each supervisor shall 1132 include a copy of each summary from the initiative financial 1133 information statements and the Internet addresses for the 1134 information statements on the Secretary of States and the 1135 Office of Economic and Demographic Researchs websites in the 1136 publication or mailing required by s. 101.20. 1137 (17)(14)The Department of State may adopt rules in 1138 accordance with s. 120.54 to implement this section carry out 1139 the provisions of subsections (1)-(14). 1140 (18)(15)No provision of this code shall be deemed to 1141 prohibit a private person exercising lawful control over 1142 privately owned property, including property held open to the 1143 public for the purposes of a commercial enterprise, from 1144 excluding from such property persons seeking to engage in 1145 activity supporting or opposing initiative amendments. 1146 Section 7.(1)The Department of State shall, within 30 1147 days after the effective date of this act, update the forms as 1148 required by the amendments made to s. 100.371(3), Florida 1149 Statutes, for any proposed amendments received before the 1150 effective date of this act. 1151 (2)(a)The Department of State shall, within 30 days after 1152 the effective date of this act, make available a new petition 1153 circulator application to incorporate the amendments made to s. 1154 100.371(4), Florida Statutes. 1155 (b)1.Thirty days after the effective date of this act, the 1156 registration of each petition circulator expires. 1157 2.No later than 7 days after the effective date of this 1158 act, the Department of State shall notify each petition 1159 circulator that his or her registration is expiring and that he 1160 or she may reregister by completing a new application that will 1161 be available before the current registration expires. 1162 (c)The Department of State shall, within 30 days after the 1163 effective date of this act, develop the training required by s. 1164 100.371(4)(f), Florida Statutes. 1165 (3)A supervisor of elections may, within 90 days after the 1166 effective date of this act, increase the cost of signature 1167 verification pursuant to the amendments made to s. 1168 100.371(14)(c), Florida Statutes. A supervisor shall post the 1169 cost of signature verification on his or her publicly available 1170 website as soon as such cost is determined. 1171 Section 8.Paragraph (a) of subsection (1) of section 1172 101.161, Florida Statutes, is amended, and paragraph (e) is 1173 added to that subsection, to read: 1174 101.161Referenda; ballots. 1175 (1)Whenever a constitutional amendment or other public 1176 measure is submitted to the vote of the people, a ballot summary 1177 of such amendment or other public measure shall be printed in 1178 clear and unambiguous language on the ballot after the list of 1179 candidates, followed by the word yes and also by the word 1180 no, and shall be styled in such a manner that a yes vote 1181 will indicate approval of the proposal and a no vote will 1182 indicate rejection. The ballot summary of the amendment or other 1183 public measure and the ballot title to appear on the ballot 1184 shall be embodied in the constitutional revision commission 1185 proposal, constitutional convention proposal, taxation and 1186 budget reform commission proposal, or enabling resolution or 1187 ordinance. The ballot summary of the amendment or other public 1188 measure shall be an explanatory statement, not exceeding 75 1189 words in length, of the chief purpose of the measure. In 1190 addition, for every constitutional amendment proposed by 1191 initiative, the ballot shall include, following the ballot 1192 summary, in the following order: 1193 (a)A separate financial impact statement concerning the 1194 measure prepared by the Financial Impact Estimating Conference 1195 in accordance with s. 100.371(16) s. 100.371(13). 1196 (e)If the financial impact statement was not produced or 1197 if the Financial Impact Estimating Conference did not meet to 1198 produce the financial impact statement, the following statement 1199 in bold print: 1200 1201 THE FINANCIAL IMPACT OF THIS AMENDMENT, IF ANY, HAS 1202 NOT BEEN DETERMINED AT THIS TIME. 1203 1204 The ballot title shall consist of a caption, not exceeding 15 1205 words in length, by which the measure is commonly referred to or 1206 spoken of. This subsection does not apply to constitutional 1207 amendments or revisions proposed by joint resolution. 1208 Section 9.Subsection (2) of section 102.111, Florida 1209 Statutes, is amended to read: 1210 102.111Elections Canvassing Commission. 1211 (2)The Elections Canvassing Commission shall meet at 8 1212 a.m. on the 9th day after a primary election and at 8 a.m. on 1213 the 14th day after a general election to certify the returns of 1214 the election for each federal, state, and multicounty office and 1215 for each constitutional amendment. If a member of a county 1216 canvassing board that was constituted pursuant to s. 102.141 1217 determines, within 5 days after the certification by the 1218 Elections Canvassing Commission, that a typographical error 1219 occurred in the official returns of the county, the correction 1220 of which could result in a change in the outcome of an election, 1221 the county canvassing board must certify corrected returns to 1222 the Department of State within 24 hours, and the Elections 1223 Canvassing Commission must correct and recertify the election 1224 returns as soon as practicable. 1225 Section 10.Section 102.121, Florida Statutes, is amended 1226 to read: 1227 102.121Elections Canvassing Commission to issue 1228 certificates.The Elections Canvassing Commission shall make and 1229 sign separate certificates of the result of the election for 1230 federal officers, and state officers, and constitutional 1231 amendments, which certificates must shall be written and contain 1232 the total number of votes cast for and against each person for 1233 each office and the total number of votes cast for and against 1234 each constitutional amendment. The certificates, the one 1235 including the result of the election for presidential electors 1236 and representatives to Congress, and the other including the 1237 result of the election for state officers, shall be recorded in 1238 the Department of State in a book to be kept for that purpose. 1239 Section 11.Subsections (1), (3), and (4) of section 1240 102.168, Florida Statutes, are amended to read: 1241 102.168Contest of election. 1242 (1)Except as provided in s. 102.171, the certification of 1243 election or nomination of any person to office, or of the 1244 adoption of a constitutional amendment or the result on any 1245 question submitted by referendum, may be contested in the 1246 circuit court by any unsuccessful candidate for such office or 1247 nomination thereto or by any voter elector qualified to vote in 1248 the election related to such candidacy or constitutional 1249 amendment, or by any taxpayer, respectively. 1250 (3)The complaint must shall set forth the grounds on which 1251 the contestant intends to establish his or her right to such 1252 office; or set aside the result of the election on a submitted 1253 referendum or constitutional amendment. The grounds for 1254 contesting an election or a constitutional amendment under this 1255 section are: 1256 (a)Misconduct, fraud, or corruption on the part of any 1257 election official or any member of the canvassing board 1258 sufficient to change or place in doubt the result of the 1259 election. 1260 (b)Ineligibility of the successful candidate for the 1261 nomination or office in dispute or of the proposed 1262 constitutional amendment for placement on the ballot. 1263 (c)Receipt of a number of illegal votes or rejection of a 1264 number of legal votes sufficient to change or place in doubt the 1265 result of the election. 1266 (d)Proof that any voter elector, election official, or 1267 canvassing board member was given or offered a bribe or reward 1268 in money, property, or any other thing of value for the purpose 1269 of procuring the successful candidates nomination or election 1270 or determining the result on any question submitted by 1271 referendum or constitutional amendment. 1272 (4)The canvassing board responsible for canvassing the 1273 election is an indispensable party defendant in county and local 1274 elections. The Elections Canvassing Commission is an 1275 indispensable party defendant in federal, state, and multicounty 1276 elections, in elections for constitutional amendments, and in 1277 elections for justice of the Supreme Court, judge of a district 1278 court of appeal, and judge of a circuit court. The successful 1279 candidate is an indispensable party to any action brought to 1280 contest the election or nomination of a candidate. The sponsor 1281 of a constitutional amendment proposed by initiative petition, 1282 identified pursuant to s. 100.371, is an indispensable party to 1283 any action brought to contest such election. 1284 Section 12.Subsection (2) of section 104.185, Florida 1285 Statutes, is amended to read: 1286 104.185Petitions; knowingly signing more than once; 1287 signing another persons name or a fictitious name. 1288 (2)A person who signs another persons name or a 1289 fictitious name to any petition, or who fills in missing 1290 information on a petition, to secure ballot position for a 1291 candidate, a minor political party, or an issue commits a felony 1292 of the third degree, punishable as provided in s. 775.082, s. 1293 775.083, or s. 775.084. 1294 Section 13.Section 104.186, Florida Statutes, is amended 1295 to read: 1296 104.186Initiative petitions; violations.A person who 1297 compensates a petition circulator as defined in s. 97.021 based 1298 on the number of petition forms gathered, as prohibited by s. 1299 100.371(5), commits a felony of the third degree, punishable as 1300 provided in s. 775.082, s. 775.083, or s. 775.084. This section 1301 does not prohibit employment relationships that do not base 1302 payment on the number of signatures collected. 1303 Section 14.Section 104.187, Florida Statutes, is amended 1304 to read: 1305 104.187Initiative petitions; registration.A person who 1306 violates s. 100.371(4)(a)1. s. 100.371(3) commits a misdemeanor 1307 of the second degree, punishable as provided in s. 775.082 or s. 1308 775.083. 1309 Section 15.Section 104.188, Florida Statutes, is created 1310 to read: 1311 104.188Petition forms gathered from immediate family; 1312 violations. 1313 (1)For the purposes of this section, the term immediate 1314 family means a persons spouse or the parent, child, 1315 grandparent, grandchild, or sibling of the person or the 1316 persons spouse. 1317 (2)A person who distributes, collects, delivers, or 1318 otherwise physically possesses more than two signed petition 1319 forms in addition to his or her own petition form or a petition 1320 form belonging to an immediate family member, and who is not 1321 registered as a petition circulator pursuant to s. 1322 100.371(4)(a)1., commits a felony of the third degree, 1323 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1324 Section 16.Section 106.151, Florida Statutes, is created 1325 to read: 1326 106.151Use of public funds prohibited.Public funds may 1327 not be used to advocate for or against any matter that is the 1328 subject of an amendment or a revision to the State Constitution, 1329 regardless of whether the amendment or revision was proposed by 1330 the Legislature, through the initiative process, by the 1331 Constitution Revision Commission, by the Taxation and Budget 1332 Reform Commission, or by a constitutional convention. The 1333 prohibition includes the use of state funds to publish, 1334 broadcast, or disseminate public service messages concerning an 1335 amendment or a revision on the ballot, regardless of whether the 1336 public service messages are limited to factual information. 1337 Section 17.Subsection (3) of section 106.19, Florida 1338 Statutes, is amended to read: 1339 106.19Violations by candidates, persons connected with 1340 campaigns, and political committees. 1341 (3)A political committee sponsoring a constitutional 1342 amendment proposed by initiative which submits a petition form 1343 gathered by a paid petition circulator which does not provide 1344 the name and address of the paid petition circulator on the form 1345 is subject to the civil penalties prescribed in s. 106.265. 1346 Section 18.Paragraph (c) of subsection (1) of section 1347 212.055, Florida Statutes, is amended to read: 1348 212.055Discretionary sales surtaxes; legislative intent; 1349 authorization and use of proceeds.It is the legislative intent 1350 that any authorization for imposition of a discretionary sales 1351 surtax shall be published in the Florida Statutes as a 1352 subsection of this section, irrespective of the duration of the 1353 levy. Each enactment shall specify the types of counties 1354 authorized to levy; the rate or rates which may be imposed; the 1355 maximum length of time the surtax may be imposed, if any; the 1356 procedure which must be followed to secure voter approval, if 1357 required; the purpose for which the proceeds may be expended; 1358 and such other requirements as the Legislature may provide. 1359 Taxable transactions and administrative procedures shall be as 1360 provided in s. 212.054. 1361 (1)CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM 1362 SURTAX. 1363 (c)1.The proposal to adopt a discretionary sales surtax as 1364 provided in this subsection and to create a trust fund within 1365 the county accounts shall be placed on the ballot in accordance 1366 with law and must be approved in a referendum held at a general 1367 election in accordance with subsection (10). 1368 2.If the proposal to adopt a surtax is by initiative, the 1369 petition sponsor must, at least 180 days before the proposed 1370 referendum, comply with all of the following: 1371 a.Provide a copy of the final resolution or ordinance to 1372 the Office of Program Policy Analysis and Government 1373 Accountability. The Office of Program Policy Analysis and 1374 Government Accountability shall procure a certified public 1375 accountant in accordance with subsection (11) for the 1376 performance audit. 1377 b.File the initiative petition and its required valid 1378 signatures with the supervisor of elections. The supervisor of 1379 elections shall verify signatures and retain signature forms in 1380 the same manner as required for initiatives under s. 100.371(14) 1381 s. 100.371(11). 1382 3.The failure of an initiative sponsor to comply with the 1383 requirements of subparagraph 2. renders any referendum held 1384 void. 1385 Section 19.Paragraph (a) of subsection (8) of section 1386 895.02, Florida Statutes, is amended to read: 1387 895.02Definitions.As used in ss. 895.01-895.08, the term: 1388 (8)Racketeering activity means to commit, to attempt to 1389 commit, to conspire to commit, or to solicit, coerce, or 1390 intimidate another person to commit: 1391 (a)Any crime that is chargeable by petition, indictment, 1392 or information under the following provisions of the Florida 1393 Statutes: 1394 1.Section 100.371, relating to petition circulators and 1395 sponsors of initiative petitions. 1396 2.Section 104.155(2), relating to aiding or soliciting a 1397 noncitizen in voting. 1398 3.2.Section 210.18, relating to evasion of payment of 1399 cigarette taxes. 1400 4.3.Section 316.1935, relating to fleeing or attempting to 1401 elude a law enforcement officer and aggravated fleeing or 1402 eluding. 1403 5.4.Chapter 379, relating to the illegal sale, purchase, 1404 collection, harvest, capture, or possession of wild animal life, 1405 freshwater aquatic life, or marine life, and related crimes. 1406 6.5.Section 403.727(3)(b), relating to environmental 1407 control. 1408 7.6.Section 409.920 or s. 409.9201, relating to Medicaid 1409 fraud. 1410 8.7.Section 414.39, relating to public assistance fraud. 1411 9.8.Section 440.105 or s. 440.106, relating to workers 1412 compensation. 1413 10.9.Section 443.071(4), relating to creation of a 1414 fictitious employer scheme to commit reemployment assistance 1415 fraud. 1416 11.10.Section 465.0161, relating to distribution of 1417 medicinal drugs without a permit as an Internet pharmacy. 1418 12.11.Section 499.0051, relating to crimes involving 1419 contraband, adulterated, or misbranded drugs. 1420 13.12.Part IV of chapter 501, relating to telemarketing. 1421 14.13.Chapter 517, relating to sale of securities and 1422 investor protection. 1423 15.14.Section 550.235 or s. 550.3551, relating to 1424 dogracing and horseracing. 1425 16.15.Chapter 550, relating to jai alai frontons. 1426 17.16.Section 551.109, relating to slot machine gaming. 1427 18.17.Chapter 552, relating to the manufacture, 1428 distribution, and use of explosives. 1429 19.18.Chapter 560, relating to money transmitters, if the 1430 violation is punishable as a felony. 1431 20.19.Chapter 562, relating to beverage law enforcement. 1432 21.20.Section 624.401, relating to transacting insurance 1433 without a certificate of authority, s. 624.437(4)(c)1., relating 1434 to operating an unauthorized multiple-employer welfare 1435 arrangement, or s. 626.902(1)(b), relating to representing or 1436 aiding an unauthorized insurer. 1437 22.21.Section 655.50, relating to reports of currency 1438 transactions, when such violation is punishable as a felony. 1439 23.22.Chapter 687, relating to interest and usurious 1440 practices. 1441 24.23.Section 721.08, s. 721.09, or s. 721.13, relating to 1442 real estate timeshare plans. 1443 25.24.Section 775.13(5)(b), relating to registration of 1444 persons found to have committed any offense for the purpose of 1445 benefiting, promoting, or furthering the interests of a criminal 1446 gang. 1447 26.25.Section 777.03, relating to commission of crimes by 1448 accessories after the fact. 1449 27.26.Chapter 782, relating to homicide. 1450 28.27.Chapter 784, relating to assault and battery. 1451 29.28.Chapter 787, relating to kidnapping, human 1452 smuggling, or human trafficking. 1453 30.29.Chapter 790, relating to weapons and firearms. 1454 31.30.Chapter 794, relating to sexual battery, but only if 1455 such crime was committed with the intent to benefit, promote, or 1456 further the interests of a criminal gang, or for the purpose of 1457 increasing a criminal gang members own standing or position 1458 within a criminal gang. 1459 32.31.Former s. 796.03, former s. 796.035, s. 796.04, s. 1460 796.05, or s. 796.07, relating to prostitution. 1461 33.32.Chapter 806, relating to arson and criminal 1462 mischief. 1463 34.33.Chapter 810, relating to burglary and trespass. 1464 35.34.Chapter 812, relating to theft, robbery, and related 1465 crimes. 1466 36.35.Chapter 815, relating to computer-related crimes. 1467 37.36.Chapter 817, relating to fraudulent practices, false 1468 pretenses, fraud generally, credit card crimes, and patient 1469 brokering. 1470 38.37.Chapter 825, relating to abuse, neglect, or 1471 exploitation of an elderly person or disabled adult. 1472 39.38.Section 827.071, relating to commercial sexual 1473 exploitation of children. 1474 40.39.Section 828.122, relating to fighting or baiting 1475 animals. 1476 41.40.Chapter 831, relating to forgery and counterfeiting. 1477 42.41.Chapter 832, relating to issuance of worthless 1478 checks and drafts. 1479 43.42.Section 836.05, relating to extortion. 1480 44.43.Chapter 837, relating to perjury. 1481 45.44.Chapter 838, relating to bribery and misuse of 1482 public office. 1483 46.45.Chapter 843, relating to obstruction of justice. 1484 47.46.Section 847.011, s. 847.012, s. 847.013, s. 847.06, 1485 or s. 847.07, relating to obscene literature and profanity. 1486 48.47.Chapter 849, relating to gambling, lottery, gambling 1487 or gaming devices, slot machines, or any of the provisions 1488 within that chapter. 1489 49.48.Chapter 874, relating to criminal gangs. 1490 50.49.Chapter 893, relating to drug abuse prevention and 1491 control. 1492 51.50.Chapter 896, relating to offenses related to 1493 financial transactions. 1494 52.51.Sections 914.22 and 914.23, relating to tampering 1495 with or harassing a witness, victim, or informant, and 1496 retaliation against a witness, victim, or informant. 1497 53.52.Sections 918.12 and 918.13, relating to tampering 1498 with jurors and evidence. 1499 Section 20.This act is intended to apply prospectively to 1500 the initiative petition process. If, before the effective date 1501 of this act, a person signs a petition form, circulates petition 1502 forms, submits a petition form to a supervisor, verifies the 1503 signatures on a petition, or submits a proposed amendment, the 1504 laws in effect on the day such person signs the petition form, 1505 circulates petition forms, submits a petition form, verifies the 1506 signature on a petition, or submits the proposed amendment 1507 apply. 1508 Section 21.(1)To ensure uniformity and integrity in the 1509 initiative process, a signed petition form may not be verified 1510 for a period of 90 days after the effective date of this act. 1511 (2)A petition form gathered after the effective date of 1512 this act must be delivered as provided in this act to the 1513 appropriate entity. The processing hold described in subsection 1514 (1) does not toll any timeframe requirements that petition 1515 circulators are required to meet and may not be used as a 1516 defense to any fine imposed for the late submission of any 1517 petition forms to the appropriate entity. 1518 Section 22.The Division of Law Revision is directed to 1519 replace the phrase the effective date of this act wherever it 1520 occurs in this act with the date this act becomes a law. 1521 Section 23.This act shall take effect upon becoming a law.