Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1S - Division of Elections › Chapter 1S-2 - ELECTIONS › Section 1S-2.0091 - Constitutional Amendment Initiative Petition; Submission Deadline; Signature Verification

Current through Reg. 50, No. 138; July 16, 2024
(1) Application
				and Forms. The process in this rule applies solely to constitutional amendments
				proposed by initiative. The form referenced herein is incorporated by reference
				and is available online on the Division of Elections' website at
https://www.dos.myflorida.com/elections
under header for forms, through the rule as adopted under
www.flrules.org
, or from the Florida
				Department of State, Division of Elections, Room 316, R.A. Gray Building, 500
				S. Bronough Street, Tallahassee, 32399-0250, (850)245-6200.
(2) Submission.
(a) Signed initiative petition forms
				proposing amendments to the Florida Constitution shall be submitted by the
				sponsoring political committee (hereinafter "petition sponsor") to the
				Supervisor of Elections for the county of residence listed by the person
				signing the form.
(b) If a form
				submitted by a paid petition circulator is not timely submitted within 30 days
				after the voter signs the form, the petition sponsor is liable for the fines
				set forth in Section 100.371(7)(a)1. and 2., F.S. If the 30th day falls on a
				weekend, holiday, or other day on which the Supervisor of Elections office is
				closed, the petition form must be delivered to the Supervisor of Elections by
				the following business day. Supervisors shall submit copies of untimely filed
				petitions filed by paid petition circulators to the Division of Elections via
				file utility transfer utilizing the Supervisor of Elections portal. The
				Division will then review and provide notification to petition sponsors and
				impose statutory fines. The untimely filing of a form does not invalidate the
				signature on the form.
(c) If the
				Supervisor of Elections determines that the signer of the petition is a
				registered voter in another county, the Supervisor of Elections shall notify
				the petition sponsor that the petition has been misfiled. It is the
				responsibility of the petition sponsor thereafter to ensure that the misfiled
				petition form is properly filed with the Supervisor of Elections for the county
				in which the signer is a registered voter. In the case of a misfiled petition
				by a paid petition circulator, the filing date of the petition is the date such
				petition is filed with a Supervisor of Elections. The petition sponsor shall
				make all reasonable efforts to file in the the proper county. The initially
				receiving Supervisor of Elections shall submit copies of any untimely filed
				forms to the Division, as may be necessary pursuant to subsection (b), above,
				and notate the forms so as to alert the subsequent receiving Supervisor of
				Elections that the forms have been previously received and reported as
				untimely.
(d) For petition forms
				submitted less than 60 days before February 1, of an even-numbered year, the
				petition sponsor shall ensure that the forms are bundled or separated in some
				manner by circulator prior to submitting the forms to the Supervisor of
				Elections.