Florida’s Office of Election Crimes and Security (OECS) has issued a $121,850 fine against Smart & Safe Florida, a campaign seeking to legalize recreational cannabis, citing multiple alleged violations of state election law—including forgery.
Smart & Safe Florida was the proponents of 2024’s Amendment 3, which received over 50% support in the November election but failed to reach the required 60% threshold. The group is now pushing for a new, similar initiative, which would also legalize cannabis for everyone 21 and older, attempting to put it to a vote in 2026.
According to two letters sent by OECS last week, the agency claims the campaign violated several state rules. Among the accusations: submitting petition forms more than 30 days after they were signed, failing to include the full amendment text when collecting signatures, and turning in petitions allegedly containing forged or fraudulent signatures—including one from a voter who had died months earlier.
The fine itself stems from the submission of 2,437 late petitions. OECS also issued a cease-and-desist order, alleging the campaign used an unapproved petition format. Additionally, officials say Smart & Safe sent voters both blank and pre-filled forms, which they argue led to voters submitting multiple petitions and increased the risk of fraud.
Smart & Safe Florida says that the fines are politically motivated, and an attempt to circumvent voters.
The full letter states:
Dear Chairperson Bellamy:
The Division of Elections (“DOE”) and Office of Election Crimes & Security (“OECS”) received information from the Supervisor of Elections’ offices indicating that Smart & Safe Florida, the sponsoring committee for initiative petition entitled: Adult Personal Use of Marijuana,¹ violated Florida election law.
Under Florida law, a sponsor that collects petition forms or uses a petition circulator to collect petition forms serves as a fiduciary to the elector signing the petition form. See § 100.371(7)(a), Fla. Stat. The law requires each sponsor that collects petition forms to “promptly deliver[]” those petitions to the supervisor of elections within 30 days after the elector signs the form or be liable for a fine. Id.; Rule 1S-2.0091(2)(b), F.A.C. For each petition form that is delivered later than 30 days from the date the elector signed the form, the fine is $50, or $250 if the sponsor or petition circulator acted willfully. See § 100.371(7)(a)1., Fla. Stat. For each petition form that is not submitted to the supervisor of elections, the fine is $500, or $1,000 if the sponsor or petition circulator acted willfully. See § 100.371(7)(a)2., Fla. Stat.
Records received by the DOE and OECS from the Alachua County Supervisor of Elections, the Clay County Supervisor of Elections, the Citrus County Supervisor of Elections, the Columbia County Supervisor of Elections, and the Leon County Supervisor of Elections reflect that your committee delivered 2,437 petition forms for initiative petition 22-05 to the Supervisor of Elections’ offices after the statutory deadline.
Based on information provided by the respective Supervisors of Elections, the Department finds you in violation of section 100.371(7)(a)1. Therefore, the Department is imposing a $121,850.00 fine.
Enclosed with this letter is a USB flash drive containing the signed petition forms for initiative 22-05 that were submitted to DOE and OECS from the Supervisor of Elections. Please contact the Department if you would like the petition forms in a different format.
You may either remit payment of this fine to the Florida Department of State within 25 days, or you may respond to this letter within 25 days if you are able to show cause why a fine should not be imposed. See § 100.371(7)(b), Fla. Stat. (stating that the fines may be waived “upon a showing that the failure to deliver the petition form promptly is based upon force majeure or impossibility of performance”). The check should be made out to the Florida Department of State. If you fail to remit payment or show cause within 25 days from the date of this letter, the Secretary may refer the matter to the Attorney General for enforcement. See § 100.371(8), Fla. Stat. Payment should be mailed to:
Florida Department of State
c/o Brad McVay, Deputy Secretary of State
for Legal Affairs & Election Integrity
500 South Bronough Street
Tallahassee, Florida 32399You also have administrative rights outlined on next page of this letter.
Initiative petition efforts must be undertaken in compliance with the law. If you have questions about this letter, please contact me at (850) 245-5611.
Sincerely,
signature
Brad McVay
Deputy Secretary of State
for Legal Affairs & Election Integrity
Florida Department of State
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