Florida Statutes
Fla. Stat. § 104.188 (2025)
Petition forms gathered from immediate family; violations.
✓ 2025 Florida Statutes: through the 2025 Regular Session (some sections already show 2026 laws)
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104.188 Petition forms gathered from immediate family; violations.—
(1) For the purposes of this section, the term “immediate family” means a person’s spouse or the parent, child, grandparent, grandchild, or sibling of the person or the person’s spouse.
(2) A person who collects, delivers, or otherwise physically possesses more than 25 signed petition forms in addition to his or her own signed petition form or a signed petition form belonging to an immediate family member, and who is not registered as a petition circulator pursuant to s. 100.371(4)(a), commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section may not be construed to prohibit a person from distributing petition forms designed for personal use as described in s. 100.371(3)(e).
Arrestable Offenses under F.S. 104.188
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§104.188(2)ELECTION LAWSCOLLECT/DELIVER/POSSESS GT 25 SIGNED PETITIONS
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2025–2025 · leading case: Florida Decides Healthcare Inc v. Byrd, 790 F. Supp. 3d 1335 (N.D. Fla. 2025).
Florida Decides Healthcare Inc v. Byrd, 790 F. Supp. 3d 1335 (N.D. Fla. 2025). “FDH and Right to Clean Water have also demonstrated that their injuries are traceable to the State Attorneys, who are tasked with enforcing the criminal provisions prohibiting unregistered petition gathering in violation of the registration requirement, see § 104.188(2), Fla.…”
104.188(2): 1 case
Florida Decides Healthcare Inc v. Byrd, 790 F. Supp. 3d 1335 (N.D. Fla. 2025). “FDH and Right to Clean Water have also demonstrated that their injuries are traceable to the State Attorneys, who are tasked with enforcing the criminal provisions prohibiting unregistered petition gathering in violation of the registration requirement, see § 104.188(2), Fla.…”
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