The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/SB 7016
INTRODUCER: Fiscal Policy Committee; and Ethics and Elections Committee
SUBJECT: Initiative Petitions Proposing an Amendment to the State Constitution
DATE: April 10, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Biehl Roberts EE Submitted as Comm. Bill/Fav
2. Biehl Siples FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 7016 makes the following changes to provisions governing initiative petitions proposing
an amendment to the Florida Constitution:
• Limits the number of cycles a petition sponsor can remain active without achieving the
signature threshold for Supreme Court review to three general elections and limits
sponsorship of initiative petitions to one per political committee.
• Creates font size and page length requirements for initiative petitions.
• Requires additional personal identifying information for voters signing petition forms and for
applicants for petition circulators.
• Prohibits certain felons, non-Florida residents, and noncitizens from acting as petition
circulators.
• Requires a person who collects more petition forms than his or her own, those of his or her
immediate family members, plus two more to register as a petition circulator.
• Requires training for petition circulators.
• Increases fines for late submission or nonsubmission of petition forms.
• Requires supervisors of elections to notify voters whose signatures are verified and provide
an opportunity for such persons to report that their signatures were forged or misrepresented.
• Revises petition form retention and transmittal requirements.
• Clarifies processes for certification of and challenge of constitutional amendments.
• Provides for inclusion of the financial impact statement on the petition form and adds the
financial impact statement to the issues subject to automatic Supreme Court review.
REVISED: BILL: CS/SB 7016 Page 2
• Provides additional civil and criminal penalties for violations of laws governing citizens’
initiatives.
• Prohibits the use of public funds to advocate for or against any issue that is the subject of a
proposed constitutional amendment.
The bill also prescribes timelines for implementation. Except as otherwise specified, the bill
takes effect upon becoming a law.
II. Present Situation:
Political Committees
Florida law defines “political committee” to mean:
• A combination of two or more individuals, or a person other than an individual, that, in an
aggregate amount in excess of $500 during a single calendar year:
o Accepts contributions for the purpose of making contributions
1
to any candidate,
2
political committee, affiliated party committee, or political party;
o Accepts contributions for the purpose of expressly advocating the election or defeat of a
candidate or the passage or defeat of an issue;
o Makes expenditures
3
that expressly advocate the election or defeat of a candidate or the
passage or defeat of an issue; or
o Makes contributions to a common fund, other than a joint checking account between
spouses, from which contributions are made to any candidate, political committee,
affiliated party committee, or political party.
o The sponsor of a proposed constitutional amendment by initiative who intends to seek the
signatures of registered electors.
4
1
Section 106.011(5)(a), F.S., defines “contribution” to mean (a) a gift, subscription, conveyance, deposit, loan, payment, or
distribution of money or anything of value, including contributions in kind having an attributable monetary value in any
form, made for the purpose of influencing the results of an election or making an electioneering communication; (b) a
transfer of funds between political committees, between electioneering communications organizations, or between any
combination of these groups; (c) the payment, by a person other than a candidate or political committee, of compensation for
the personal services of another person which are rendered to a candidate or political committee without charge to the
candidate or committee for such services; or (d) the transfer of funds by a campaign treasurer or deputy campaign treasurer
between a primary depository and a separate interest-bearing account or certificate of deposit; and the term includes interest
earned on such account or certificate.
2
Section 106.011(3), F.S., defines “candidate” to mean a person to whom any of the following applies: 1) a person who seeks
to qualify for nomination or election by means of the petitioning process; 2) a person who seeks to qualify for election as a
write-in candidate; 3) a person who receives contributions or makes expenditures, or consents for any other person to receive
contributions or make expenditures, with a view to bring about his or her nomination or election to, or retention in, public
office; 4) a person who appoints a treasurer and designates a primary depository; or 5) a person who files qualification papers
and subscribes to a candidate’s oath as required by law. The definition excludes any candidate for a political party executive
committee.
3
Section 106.011(10)(a), F.S., defines “expenditure” to mean a purchase, payment, distribution, loan, advance, transfer of
funds by a campaign manager or deputy campaign treasurer between a primary deposit and a separate interest-bearing
account or certificate of deposit, or gift of money or anything of value made for the purpose of influencing the results of an
election or making an electioneering communication.
4
Section 106.011(16)(a), F.S. The following entities are not considered political committees: 1) national political parties, the
state and county executive committees of political parties, and affiliated party committees; 2) corporations or other business
entities formed for purposes other than to support or oppose issues or candidates, if their political activities are limited to
contributions to candidates, political parties, affiliated party committees, or political committees or expenditures in support of BILL: CS/SB 7016 Page 3
Each political committee must:
• File a statement of organization within 10 days after its organization.
5
• Through a designated campaign treasurer, file regular reports of all contributions received,
and all expenditures made, by or on behalf of the political committee.
6
Proposed Constitutional Amendments, Generally
Amendments to the Florida Constitution can be proposed by five distinct methods: 1) joint
legislative resolution, 2) the Constitutional Revision Commission, 3) citizens’ initiative, 4) a
constitutional convention, or 5) the Taxation and Budget Reform Commission.
7
Depending on
the method, all proposed amendments or revisions to the Florida Constitution must be submitted
to the electors at the next general election held more than 90 days after the joint resolution or
report of revision commission, constitutional convention or taxation and budget reform
commission proposing it is filed with the custodian of state records, or for citizen initiatives, if
all the required signatures were submitted prior to February 1 of the year in which the general
election will be held.
8
The Florida Constitution mandates that all proposed amendments or revisions
9
be adopted by at
least a 60 percent affirmative vote of those electors voting on the measure.
Citizens’ Initiatives
The Florida Constitution provides citizens with the right to propose constitutional amendments
through an initiative petition process.
10
The process includes the following signature
requirements:
• The total number of signatures must be equal to at least eight percent of the number of voters
in the last presidential election.
• The signatures must come from voters in at least one-half of the congressional districts of the
state.
11
The steps in the citizens’ initiative petition process are as follows:
or opposition to an issue from corporate or business funds and if no contributions are received by such corporations or
business entities; or 3) electioneering communications organizations (s. 106.011(16)(b), F.S.).
5
Section 106.03(1)(a), F.S. A political committee which is organized to support or oppose statewide, legislative, or
multicounty candidates or issues to be voted upon on a statewide or multicounty basis must file its statement of organization
with the Department of State’s Division of Elections (s. 106.03(3)(a), F.S.).
6
Section 106.07(1), F.S. Generally, such reports must include a list of specified information, including, but not limited to, the
full name, address, and occupation, if any, of each person who made one or more contributions to or for such committee
within the reporting period, together with the amount and date of such contributions (s. 106.07(4)(a), F.S.).
7
See FLA. CONST. art XI, ss. 1-4 and 6.
8
See FLA. CONST. art XI, s. 5.
9
When the Florida Constitution uses the word ‘amendment’ it is in reference to a section of the constitution, while the word
‘revision’ relates to one or more articles or the whole constitution. See FLA. CONST. art. XI, s. 1.
10
FLA. CONST. art. XI, s. 3.
11
FLA. CONST. art. XI, s. 3. BILL: CS/SB 7016 Page 4
• The individual or group wishing to propose an amendment must register as a political
committee with the Department of State’s Division of Elections (Division).
12
• The sponsoring political committee must submit its initiative petition form to the Division for
approval of its format.
13
• After the Division approves the format of a petition form, the Division assigns a serial
number to the initiative petition.
14
• After assignment of a serial number, the sponsoring political committee may begin
circulating petitions for signature by registered Florida voters.
15
• Each signed initiative petition form must be submitted by the sponsoring political committee
to the supervisor of elections’ office in the county of residence of the signee for signature
verification.
16
• When the sponsoring political committee has obtained specified thresholds for verified
signatures,
17
the Secretary of State (Secretary) sends the petition to the Attorney General,
18
who must within 30 days of receipt petition the Florida Supreme Court (Court) for an
advisory opinion as to whether the text of the proposed amendment complies with state
constitutional requirements
19
, whether the proposed amendment is facially invalid under the
United States Constitution, and whether the proposed ballot title and substance comply with
statutory requirements
20
.
21
The Secretary concurrently sends a copy of the petition to the
Financial Impact Estimating Conference, which completes and submits to the Secretary and
Attorney General a financial impact statement for the proposed amendment.
22
• By February 1 of the year of the general election, the Secretary determines whether the
required number and distribution of signatures has been met.
23
If so, the Secretary issues a
12
Section 100.371(2), F.S. There is currently no limit on the number of initiatives each political committee may sponsor or
on the number of cycles a political committee sponsoring an initiative may stay active without reaching the signature
threshold required for Florida Supreme Court review.
13
Rule 1S-2.009 (Constitutional Amendment by Initiative Petition), F.A.C. The form must include the amendment title and
summary; sponsor information; the voter’s name, address, voter registration number, and date of birth; the voter’s signature
and the date signed; the petition circulator’s information, if applicable; and notice that the form becomes public record once
filed, that it is a first-degree misdemeanor to knowingly sign the same petition more than once, and that an improperly
completed form will not be validated. In addition, petition forms collected by paid petition circulators must contain an
affirmation by the circulator that the petition was signed in the circulator’s presence (s. 100.371(5)(b), F.S.).
14
Id.
15
See id. and s. 100.371(2), F.S.
16
Section 100.371(11)(a), F.S. Each signature must be verified by the relevant supervisor of elections.
17
The verified signatures on petitions must be equal to at least 25% of the number of signatures required statewide and in at
least one-half of Florida’s congressional districts.
18
Section 15.21, F.S.
19
FLA. CONST. art. XI, s. 3, in part limits citizens’ initiatives (except those limiting the power of government to raise revenue)
to a single subject.
20
Section 101.161, F.S., provides format and content requirements for ballot titles and summaries. The ballot summary must
be an explanatory statement, not exceeding 75 words in length, of the chief purpose of the measure. The ballot title must
consist of a caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of. However,
those requirements do not apply to amendments or revisions proposed by joint resolution of the Legislature. All proposals are
subject to requirements pertaining to a financial impact statement that must be included in the ballot summary.
21
Section 16.061(1), F.S.
22
Section 100.371(13), F.S.
23
Section 100.371(1), F.S. BILL: CS/SB 7016 Page 5
certificate of ballot position to the sponsoring political committee.
24
No later than the next
day, the Division director assigns the designated number for the proposed amendment.
25
Additional details about the current citizens’ initiative process are provided under the
subheadings below.
Petition Circulators
A person may not collect signatures or initiative petitions for compensation without first
registering as a petition circulator with the Department of State (DOS).
26
Compensating a
petition circulator based on the number of petition forms gathered is a third-degree felony.
27
Signature Verification
Each signed initiative petition form must be submitted within 30 days
28
by the sponsoring
political committee to the supervisor of elections’ office in the county of residence of the signee
for signature verification.
29
If a petition form collected by any petition circulator is not promptly
delivered to the supervisor, the sponsor is liable for the following fines:
• $50 for each petition received by the supervisor more than 30 days after the elector signed
the petition form, or $250 per petition form if the sponsor or petition circulator acted
willfully.
• $500 for each petition form collected but not submitted, or $1,000 per petition form if the
sponsor or petition circulator acted willfully.
30
Each supervisor must verify signatures within 60 days after receipt of the petition forms and
payment by the sponsor of the actual cost
31
of signature verification, unless the petition forms are
submitted less than 60 days before February 1 of an even-numbered year, in which case the
supervisor must verify the signatures within 30 days after receipt and payment.
32
There is currently no requirement that a voter be notified if his or her signature is verified as
having signed a petition.
Record Retention and Reporting
A supervisor must retain all signature forms for at least one year following the election for which
the petition was circulated, separating forms verified as valid from those deemed invalid.
33
24
Section 100.371(12), F.S.
25
Rule 1S-2.0011 (Constitutional Amendment Ballot Position), F.A.C.
26
Section 100.371(3)(a), F.S. There are currently no restrictions on who may register as a petition circulator. Applicants for
petition circulator must provide name; permanent address; temporary address, if applicable; and date of birth.
27
Section 104.86, F.S.
28
An initiative petition sponsor is liable for a fine of $50 for each day late, per petition, and for a $2,500 fine if willful. There
is no penalty for delivery completed petition forms after the deadline.
29
Section 100.371(11)(a), F.S. Each signature must be verified by the relevant supervisor of elections. The sponsoring
political committee must pay the actual cost of verification to the supervisor of elections.
30
Section 100.371(7)(a), F.S.
31
Each supervisor must post the actual cost of signature verification on his or her website and may increase such cost, as
necessary, on February 2 of each even-numbered year (s. 100.371(11)(b), F.S.).
32
Section 100.371(11)(a), F.S.
33
Id. BILL: CS/SB 7016 Page 6
On the last day of each month, or on the last day of each week from December 1 of an odd-
numbered year through February 1 of the following year, each supervisor must post on his or her
website, for each initiative:
• The total number of signatures submitted, invalid signatures, and signatures processed, and
the aggregate number of verified valid signatures and the distribution of such signatures by
congressional district.
• Specific to the reporting period, the total number of signed petition forms received and
verified, the distribution of verified valid signatures by congressional district, and the total
number of verified petition forms forwarded to the Secretary.
34
Financial Impact Estimating Conference and Financial Impact Statement
The Financial Impact Estimating Conference (FIEC) is established to review, analyze, and
estimate the financial impact of amendments to or revisions of the State Constitution proposed
by initiative. It consists of four principals:
• One person from the Executive Office of the Governor;
• The coordinator of the Office of Economic and Demographic, or his or her designee;
• One person from the professional staff of the Senate; and
• One person from the professional staff of the House of Representatives.
35
A FIEC may be appointed for each initiative. The President of the Senate and the Speaker of the
House of Representatives, jointly, are the sole judge for the interpretation, implementation, and
enforcement of the FIEC process.
36
After the Secretary submits to the FIEC an initiative petition that has received the required
number of verified signatures, the FIEC has 75 days to complete an analysis and financial impact
statement to be placed on the ballot of the estimated increase or decrease in any revenues or costs
to state or local governments and the overall impact to the state budget resulting from the
proposed initiative.
37
If the FIEC fails to reach consensus, the impact is listed as indeterminate.
38
The financial impact statement does not currently get added to the petition form that is signed by
voters.
34
Section 100.371(11)(c), F.S.
35
Section 100.371(13)(c), F.S.
36
Id.
37
Section 100.371(13)(a), F.S.
38
Section 100.371(13)(d)3., F.S. BILL: CS/SB 7016 Page 7
Fraud in Citizens’ Initiatives
In October 2024, the Office of Election Crimes and Security
39
(OECS) issued a report on
investigations concerning initiative petition fraud.
40
Investigated allegations included reports of
petition circulators signing petition forms on behalf of deceased individuals, forging or
misrepresenting elector signatures on petition forms, using electors’ personal identifying
information without consent, and perjury/false swearing. The OECS reported nearly all of the
investigations had been referred to law enforcement for further investigation and prosecution.
41
Certification and Challenge of Election Results
The state Elections Canvassing Commission certifies the returns of the election for each federal,
state, and multicounty office.
42
Each county canvassing board must provide unofficial returns to
the DOS for each federal, statewide, or multicounty office or ballot measure.
43
The certification of election or nomination of any person to office, or of the result on any
question submitted by referendum, may be contested in the circuit court by any unsuccessful
candidate for such office or nomination thereto or by any elector qualified to vote in the election
related to such candidacy, or by any taxpayer. The grounds for contesting an election are:
• Misconduct, fraud, or corruption on the part of any election official or any member of the
canvassing board sufficient to change or place in doubt the result of the election.
• Ineligibility of the successful candidate for the nomination or office in dispute.
• Receipt of a number of illegal votes or rejection of a number of legal votes sufficient to
change or place in doubt the result of the election.
• Proof that any elector, election official, or canvassing board member was given or offered a
bribe or reward for the purpose of procuring the successful candidate’s nomination or
election or determining the result on any question submitted by referendum.
44
Restrictions on Use of Public Funds in Elections
Any political committee that accepts the use of public funds, equipment, personnel, or other
resources to collect dues from its members may not make independent expenditures in support of
or opposition to a candidate or elected public official.
45
A political committee that violates this
provision is liable for a civil fine of up to $5,000 to be determined by the Florida Elections
Commission or the entire amount of the expenditures, whichever is greater.
46
39
The Office of Election Crimes and Security is created within the DOS to aid the Secretary in completion of his or her
duties by conducting preliminary investigations into allegations of election law violations, both by initiating independent
inquiries and by receiving complaints (s. 97.022, F.S.).
40
Florida Department of State Office of Election Crimes and Security, Interim Report to Legislature on Initiative Petition
Fraud Related to the Abortion Initiative (23-07), October 11, 2024 (on file with the Senate Committee on Ethics and
Elections).
41
Id.
42
Section 102.111(2), F.S.
43
Section 102.141(7)(c), F.S.
44
Section 102.168, F.S.
45
However, expenditures may be made for the sole purpose of jointly endorsing three or more candidates (s. 106.087(2)(a),
F.S.).
46
Section 106.087(2), F.S. BILL: CS/SB 7016 Page 8
In addition, a local government may not expend, and a person or group may not accept, public
funds for a political advertisement or any other communication sent to electors concerning an
issue, referendum, or amendment, including any state question, that is subject to a vote of the
electors.
47
Voting-Related Public Records Exemptions
The following information held by an agency
48
and obtained for the purpose of voter registration
is confidential and exempt
49
from public record disclosure requirements:
• All declinations to register to vote.
• Information relating to the place where a person registered to vote or where a person updated
a voter registration.
• The social security number, driver license number, and Florida identification number of a
voter registration applicant or voter.
• All information concerning preregistered voter registration applicants who are 16 or 17 years
of age.
50
In addition, the signature of a voter registration applicant or a voter is exempt from copy
requirements.
51
Current law also provides general public records exemptions for motor vehicle records
52
and
social security numbers
53
.
III. Effect of Proposed Changes:
CS/SB 7016 contains whereas clauses related to fraud in signature gathering for citizens’
initiatives and provides related legislative findings and legislative intent. The bill accordingly
makes significant changes to provisions governing citizens’ initiatives, as follows.
47
Section 106.113(2), F.S. “Public funds” means all moneys under the jurisdiction or control of the local government (s.
106.113(1)(b), F.S.).
48
Section 119.011(2), F.S., defines “agency” to mean any state, county, district, authority, or municipal officer, department,
division, board, bureau, commission, or other separate unit of government created or established by law including, for the
purposes of ch. 119, F.S., the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and
any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency.
49
There is a difference between records the Legislature has determined to be exempt from the Public Records Act and those
which the Legislature has determined to be exempt and confidential. Records designated as “confidential and exempt” are not
subject to inspection by the public and may only be released under the circumstances defined by statute (WFTV, Inc., v. The
Sch. Bd. Of Seminole County, 874 So.2d 48 (Fla. 5th DCA 2004)). Records designated as “exempt” may be released at the
discretion of the records custodian under certain circumstances (Williams v. City of Minneola, 575 So.2d 683 (Fla. 5th DCA
1991)).
50
Section 97.085(1), F.S.
51
Section 97.0585(2), F.S.
52
Section 119.0712(2)(b), F.S., provides that personal information, including highly restricted personal information as
defined in 18 U.S.C. s. 2725, contained in a motor vehicle record is confidential pursuant to the federal Driver’s Privacy
Protection Act of 1994. Such information may be released only as authorized by that act. The term “motor vehicle record” is
defined to mean any record that pertains to a motor vehicle operator’s permit, motor vehicle title, motor vehicle registration,
or identification card issued by the Department of Highway Safety and Motor Vehicles.
53
Section 119.071(5)(a)5., F.S. BILL: CS/SB 7016 Page 9
Sponsors of Initiative Petitions (section 6)
The bill limits sponsorship of initiative petitions to one initiative per political committee.
The bill also limits the number of cycles a sponsor can remain active without achieving the
signature threshold for Court review to three general elections. Proposed amendments filed
before February 1, 2022, must be refiled after February 2, 2026, to remain active. A proposed
amendment that expires under this provision may be refiled as a new initiative.
Petition Forms (section 6)
The bill adds to the petition form that is signed by voters a requirement that a voter provide his
or her Florida driver license or identification card number, or the last four digits of his or her
social security number.
It also:
• Directs the division to create two petition forms, one for circulators and one for personal use.
• Expands the petition circulator affidavit to specify that that the petition was completed and
signed by the voter in the circulator’s presence, and to affirm that if the circulator was paid to
collect the petition, payment was not on a per signature basis.
• Requires the financial impact statement provided by the FIEC to be added to the petition
form once complete.
• Requires petition forms to be in a type of at least 10 points and limits the length of a petition
form to one page, front and back. The full text of the amendment may be in a type not less
than 6 points if 10-point type would cause the length of the petition form to exceed the page
limit.
Petition Circulators (sections 4 and 6)
The bill limits the number of signed petition forms a person may collect before he or she must
register as a petition circulator. Specifically, a person may not distribute, collect, deliver, or
otherwise physically collect more than two signed petition forms in addition to his or her own
petition form or a signed petition form belonging to an immediate family member.
54
This change
expands the definition of petition circulators to include both paid and unpaid persons.
The bill prohibits the following persons from registering as petition circulators:
• A person who has been convicted of a felony violation and has not had his or her right to
vote restored.
• A person who is not a U.S. citizen.
• A person who is not a Florida resident.
The bill requires any signed petition form submitted by an ineligible or unregistered petition
circulator to be invalidated.
54
An immediate family member is a person’s spouse, or the parent, child, grandparent, grandchild, or sibling of the person or
the person’s spouse. BILL: CS/SB 7016 Page 10
The bill also:
• Authorizes the Division to revoke a petition circulator’s registration at the written request of
the sponsor or if the circulator violates statutory requirements.
• Adds to the petition circulator application a requirement that the applicant provide a copy of
his or her driver license or identification card and the last four digits of his or her social
security number.
• Creates a training requirement for petition circulators.
Signature Verification (section 6)
The bill reduces the number of days a sponsor has to submit signed petition forms to the
appropriate supervisor of elections to 10 from 30.
Regarding payment for verification, the bill:
• Clarifies that signatures may not be verified until payment has been received and processed
by the supervisor.
• Allows supervisors to include operational and personnel costs in the verification fee, along
with other costs associated with signature verification.
• Allows supervisors to update costs no later than October 1, 2025, and annually on March 1
thereafter.
• Allows supervisors to post two costs, one for petition forms received more than 60 days
before February 1 of an even-numbered year, and one for petition forms received less than 60
days before that date.
Regarding notification to voters, the bill:
• Requires each supervisor to, upon verifying a signature, mail a notice of such to the voter,
pursuant to a prescribed process.
• Allows a voter who believes his or her signature was misrepresented or forged to notify the
OECS and have that petition invalidated.
The bill also, for any reporting period in which the percentage of invalid signatures exceeds 25
percent, requires the supervisor to notify the OECS, and requires the OECS to investigate the
potential fraud of sponsors and/or circulators.
Record Retention and Transmittal (section 6)
The bill eliminates the requirement that supervisors retain received petition forms for one year
and revises the requirement that supervisors separate valid from invalid forms to instead require
that supervisors identify forms as valid or invalid, to facilitate supervisors’ business practices.
The bill also requires supervisors to electronically transmit received petition forms to the
Division at the same intervals they are required to post reports online. As soon as practicable
following the processing of the last timely submitted petition form, each supervisor must deliver
the physical forms to the Division, which must retain all petition forms for one year following
the election for which the petition was circulated.
BILL: CS/SB 7016 Page 11
Penalties (sections 6, 12, 13, 14, 15, and 19)
The bill revises fines regarding late- or not-submitted signed petition forms to the supervisor of
elections to:
• Increase fines for late-submitted petition forms to $50 per each day late, and to $2,500 for
each petition form if the sponsor or petition circulator acted willfully.
• Increase fines for non-submitted petition forms to $5,000 if the sponsor or petition circulator
acted willfully.
• Create a new fine for submission of a signed petition form after the deadline, specifically
$100 per each day late, up to a maximum of $5,000, for each petition form, or $5,000 for
each petition form if the sponsor or petition circulator acted willfully.
The bill creates a substantive prohibition against basing any kind of compensation for petition
circulators on the number of petition forms gathered. A person who violates the prohibition will
be subject to an existing third-degree felony.
The bill expands:
• The existing third-degree felony for signing another person’s name or a fictitious name to a
petition form to also prohibit filling in missing information on a form.
• The existing racketeering provision to include a violation of the Election Code relating to
irregularities or fraud involving issue petition activities.
The bill creates the following new prohibitions and penalties:
• A third-degree felony for a person collecting forms on behalf of a sponsor to copy or retain a
voter’s personal identifying information for any reason other than to provide such
information to the sponsor.
• If a person collecting petition forms on behalf of a sponsor signs another person’s name or a
fictitious name or fills in missing information, the sponsor is liable for a $5,000 fine for each
such petition.
• Prohibit a sponsor, or a person collecting forms on behalf of a sponsor, from mailing or
otherwise providing a petition form with a voter’s information prefilled, and specify a fine of
$50 for each such petition.
• A third-degree felony for a person who violates the new limit on collecting signed petition
forms.
FIEC and Financial Impact Statement (sections 2, 3, and 8)
The bill adds compliance of the financial impact statement with statutory requirements to the
subjects the Court must review regarding the initiative petition.
55
It also requires the financial
impact statement to be added to the petition form once completed.
The bill specifies that:
55
The Court has previously declined jurisdiction to review the fiscal impact statement as part of the automatic initiative
review process because it was not part of the petition (see Floridians Protecting Freedom, Inc., et al., v. Passidomo, 392
So.3d 777 (Fla. 2024). BILL: CS/SB 7016 Page 12
• The FIEC may be convened only by the President of the Senate and the Speaker of the House
of Representatives, jointly.
• The FIEC principals are professional staff of the Governor or an executive branch agency
and the Legislature and not outside entities.
Certification and Challenge of Election Results (sections 6, 9, 10, and 11)
The bill:
• Directs the Secretary to rescind a petition initiative’s certificate of ballot position if an
advisory opinion issued by the Court pursuant to the automatic initiative review process
deems the initiative petition invalid.
• Adds constitutional amendments to the types of elections the state Elections Canvassing
Commission must certify.
• Adds to the existing contest of elections statute the ability to challenge a constitutional
amendment under specified circumstances.
Use of Public Funds to Advocate Regarding a Proposed Amendment (section 16)
The bill defines “public funds” to mean all moneys under the jurisdiction or control of the state
government. Similar to the existing restrictions on local governments, the bill specifies that the
state government or any person acting on behalf of the state government may not expend or
authorize the expenditure of, and a person or group may not accept, public funds for a political
advertisement or any other communication sent to electors concerning any proposed
constitutional amendment or revision that is subject to a vote of the electors. The prohibition
applies to a communication initiated by the state government or a person acting on behalf of the
state government, irrespective of whether the communication is limited to factual information or
advocates for the passage or defeat of a proposed amendment.
The prohibition does not preclude:
• The state government or a person acting on behalf of the state government from reporting on
official actions of the state government in an accurate, fair, and impartial manner; posting
factual information on a government website or in printed materials; hosting and providing
information at a public forum; providing factual information in response to an inquiry; or
providing information as otherwise authorized or required by law.
• An elected official of the state government from expressing an opinion on any issue at any
time.
Implementation/Effective Dates (sections 7 and 20)
The bill “grandfathers” in initiative petitions filed with the Secretary prior to the bill’s effective
date, so no verified petitions are impacted. By July 1, 2025, the DOS must update petition forms
for existing initiatives to include the newly required fields.
By June 1, 2025, the DOS must make available a new petition circulator application. Existing
circulator registrations will expire on July 1. No later than 7 days after the bill becomes law, the BILL: CS/SB 7016 Page 13
DOS must notify each circulator that his or her registration will expire on July 1, and that he or
she may reregister by completing the new application.
By June 1, 2025, the Department must develop the petition circulator training required by the
bill.
Supervisors must pause verification of signatures between July 1, 2025, and September 1, 2025,
to allow for implementation of new provisions. They must continue to accept signed petitions
during that time.
The financial impact statement must be included on petitions filed after the bill becomes law.
Except as otherwise provided, the bill takes effect upon becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Article VII, s. 18 of the Florida Constitution exempts election laws from the
county/municipality “mandates” provision within that section.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
The United States Supreme Court has issued numerous opinions defining First
Amendment freedom of speech limits on election laws, including some specifically
related to ballot-initiative petitions.
The Court has concluded that the circulation of such petitions represents core political
speech and merits the highest level of protection.
56
However, the Court also has
recognized that regulation of elections is necessary to ensure fairness and order.
57
States
allowing ballot initiatives have considerable leeway to protect the integrity and reliability
of the initiative process, as they have with respect to election processes generally.
58
So,
56
Meyer v. Grant, 486 U.S. 414 (1988).
57
Storer v. Brown, 415 U.S. 724 (1974); see Timmons v. Twin Cities Area New Party, 520 U.S. 351 (1997); Anderson v.
Celebrezze, 460 U.S. 780 (1983).
58
Biddulph v. Mortham, 89 F.3d 1491 (11th Cir. 1996). BILL: CS/SB 7016 Page 14
restrictions on an initiative process will be upheld against a First Amendment challenge if
such restrictions “protect the integrity and reliability of the initiative process” and do not
“unjustifiably inhibit the circulation of ballot-initiative petitions.”
59
In First Amendment challenges to laws governing initiative petitions, the Court has
analyzed whether the restrictions in question significantly inhibit communication with
voters about proposed political change and, if so, whether they are warranted by the state
interests alleged to justify those restrictions.
60
A key factor considered by the Court in
this context is whether the effect of the law will limit the number of persons who carry
the initiative proponents’ message, and, consequently, reduce the size of the audience
initiative proponents can reach.
61
In striking down a ban on paid petition circulators, the
Court held that the challenged restriction reduced the chances that initiative proponents
would gather signatures sufficient in number to qualify for the ballot, and thus limited
proponents’ ability to make the matter the focus of statewide discussion; the restriction
imposed a burden on political expression that the state failed to justify.
62
Additional examples of initiative petition restrictions struck down by the Court include:
• A requirement that petition circulators be registered voters.
63
• A requirement that petition circulators wear a name badge.
64
• A requirement that initiative sponsors disclose specified information about all petition
circulators.
65
• A $250 limit on contributions to committees formed to support or oppose ballot
measure referenda.
66
Examples of initiative petition restrictions upheld by the courts include:
• A minimum age requirement for petition circulators.
67
• A six-month limit on the time period in which petitions can be circulated.
68
• A requirement that a circulator attach to each petition section an affidavit containing
the circulator’s identifying information and a statement that he or she has read and
understands the laws governing the circulation of petitions.
69
• Single subject and unambiguous title requirements.
70
59
Buckley v. American Constitutional Law Found., Inc., 525 U.S. 182 (1999).
60
Meyer, 486 U.S. 414; Buckley, 525 U.S. 182 at 192.
61
Meyer, 486 U.S. 414 at 422-423.
62
Meyer, 486 U.S. 414 at 423-425.
63
Buckley, 525 U.S. 182 at 197.
64
Buckley, 525 U.S. 182 at 200.
65
Buckley, 525 U.S. 182 at 204.
66
Citizens Against Rent Control/Coalition for Fair Housing v. City of Berkeley, California, 102 U.S. 434 (1981). In this case,
the Court determined that the restraint imposed by the ordinance on rights of association and in turn on individual and
collective rights of expression contravened both the right of association and the speech guarantees of the First Amendment.
67
American Constitutional Law Found., Inc., v. Meyer, 120 F.3d 1092 (10th Cir. 1997).
68
Id. at 1099.
69
American Constitutional Law Found., Inc., 120 F.3d 1092 at 1100.
70
Biddulph, 89 F.3d 1491. BILL: CS/SB 7016 Page 15
• A requirement that the names of contributors and the amounts contributed be
disclosed.
71
• A prohibition against persons convicted of certain felonies related to elections or
fraud from collecting completed voter registration applications on behalf of a third-
party voter registration organization.
72
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Sponsors of initiative amendments may incur indeterminate costs related to the new
limits on sponsors and increased fines.
C. Government Sector Impact:
The supervisors of elections will incur costs associated with implementation of the new
voter notification requirement. Annual cost estimates provided by supervisors range from
$9,927 for a small county to $301,445 for a large county.
73
Supervisors may also incur
costs to comply with the new requirement that they send signed petition forms to the
division. The authorization for supervisors to adjust costs for signature verification
annually and to post two costs, as well as to include costs related to the voter notification
requirement, is likely to offset much of the cost increases resulting from the bill.
The DOS may incur costs related to implementation of the bill’s provisions. Any such
costs are likely to be managed within existing resources.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
71
American Constitutional Law Found., Inc., 120 F.3d 1092 at 1104-1105. Specifically, the court held that disclosure of the
names of initiative sponsors, and of the amounts they had spent gathering support for their initiatives, responded to a
substantial state interest in maintaining a check on domination of the initiative process by affluent special interest groups.
72
Hispanic Federation, et al., v. Cord Byrd, 719 F.Supp.3d 1236, United States District Court, N.D. Florida, March 2024.
The same order ruled against a prohibition against noncitizens from collecting completed voter registration applications. The
issue is on appeal in the 11th Circuit.
73
Email from Florida Supervisors of Elections, March 6, 2025 (on file with the Senate Committee on Ethics and Elections). BILL: CS/SB 7016 Page 16
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 15.21, 16.061,
97.021, 99.097, 100.371, 101.161, 102.111, 102.121, 102.168, 104.185, 104.186, 104.187,
106.19, 212.055, and 895.02.
This bill creates the following sections of the Florida Statutes: 104.188 and 106.151.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Fiscal Policy on April 8, 2025:
The committee substitute:
• Revises the title to conform to the bill content.
• Clarifies the new provisions limiting possession of signed petition forms.
• Requires Florida residency for petition circulators.
• Removes the requirement for a $1 million bond.
• Expands the authorization for the Division to revoke a circulator’s registration to also
allow revocation at the written request of the sponsor.
• Removes the requirement that initiative sponsors keep a deposit on balance with
supervisors of elections for the purpose of paying for signature verification.
• Requires, instead of authorizes, the new petition circulator training to be available
online.
• Directs the Division to create two petition forms, one for petition circulators and one
for personal use.
• Revises the new font size and page length requirements for petition forms to permit
printing of the full text of the amendment in no smaller than 6-point font size if a
larger size would not fit on a single page, front and back.
• Revises the new provision triggering an OECS investigation to clarify that such an
investigation is into the activities of the initiative sponsor and/or petition circulators.
• Clarifies that all postage costs, including return postage on signature verification
notices, may be included in the actual cost of verification.
• Provides for return of a fraudulent signature notice directly to the OECS instead of to
the supervisor of elections.
• Revises fields required on the return notice to facilitate implementation.
• Revises the prohibition on the use of public funds to advocate for or against a
constitutional amendment.
• Expands the addition to racketeering offenses of petition-related fraud.
• Makes technical changes to improve consistency and clarity.
• Revises implementation dates. BILL: CS/SB 7016 Page 17
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.