Florida 2025 Regular Session

Florida Senate Bill S7016 Latest Draft

Bill / Comm Sub Version Filed 04/10/2025

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