Florida House cracks down on ballot initiatives | FOX 51 Gainesville
Expand / Collapse search
☰

Florida House cracks down on ballot initiatives

Published  April 3, 2025 9:14pm EDT
Florida
FOX 35 Orlando

Florida House cracks down on ballot initiatives

Building on a years-long effort to make it harder to change the state Constitution, the Florida House on Thursday approved a controversial measure that would impose new requirements on the ballot-initiative process and increase penalties for wrongdoing.

The Brief

    • The Florida House passed a controversial bill (HB 1205) that would impose stricter rules on the ballot-initiative process, including shorter petition submission deadlines and higher penalties.
    • Critics argue the bill could hinder citizen-led constitutional amendments.
    • The measure now heads to the Senate for consideration.

ORLANDO, Fla. - Building on a years-long effort to make it harder to change the state Constitution, the Florida House on Thursday approved a controversial measure that would impose new requirements on the ballot-initiative process and increase penalties for wrongdoing.

Florida has one of country’s strictest ballot-initiative processes

What we know:

On April 3, 2025, the Florida House approved a controversial bill (HB 1205) that would impose significant changes to the state's ballot-initiative process. The bill shortens the time for signature gatherers to submit petitions from 30 days to 10 days, introduces new penalties for late-filed petitions, and requires voters to provide identifying information, such as a driver’s license number, when signing petitions. It also imposes a $50,000 fine for violations of rules regarding collecting or handling signatures and introduces additional hurdles for citizen-led initiatives.

What we don't know:

The specific impact on future ballot initiatives is unclear, especially regarding the practical effects of the increased penalties and shortened timelines. Additionally, while the bill has passed the House, the final outcome depends on whether the Senate will approve a similar bill, and how courts might address legal challenges regarding the broad "collecting or handling" language.

The backstory:

The ballot-initiative process has long been an essential tool for Floridians to amend the state Constitution, particularly when lawmakers have refused to act on certain issues. However, the process has faced increasing scrutiny in recent years, especially after high-profile failed initiatives, such as those attempting to legalize abortion and recreational marijuana. Governor Ron DeSantis has made cracking down on the initiative process a key priority, citing concerns over fraud and corporate influence in the system.

What they're saying:

Bill sponsor Jenna Persons-Mulicka, R-Fort Myers, said the state’s ballot-initiative system "is broken," and the proposed changes aim to fix what she called a "quality control problem."

"We’ve seen widespread and rampant fraud in this state in this process. We have evidence that we can’t turn a blind eye to. We must take further action," Persons-Mulicka said.

But in opposing the bill, Democrats pointed to a number of initiatives that have received voter approval, including raising the minimum wage, ensuring free pre-kindergarten for children and restoring voting rights to felons who’ve completed their sentences.

"The process is working. It is not broken. The bad actors are being caught. Stop putting up these hurdles and protect the people," Rep. Robin Bartleman, D-Weston, said.

The legislation equates to "a death knell for our citizen-led ballot initiatives in Florida," Rep. Lindsay Cross, D-St. Petersburg, said.

"This process is already timely, expensive and a very heavy lift. Well, this bill will take the bar from very high to all but impossible," she added.

Rep. Griff Griffitts, R-Panama City Beach, urged House members to support the bill.

"The Constitution shouldn’t be easy to change," Griffitts argued. "The integrity is gone. Corporate interests have driven this debate. The money has driven this debate."

But Democrats argued that Florida already has one of the country’s strictest ballot-initiative processes.

"They are trying to make it impossible for everyday Floridians to put citizen-led amendments on the ballot. They don’t want us to be able to directly pass policies that we know our communities need," Amy Keith, executive director of Common Cause Florida, told reporters before Thursday’s House floor session.

Supporters of proposed constitutional amendments often submit more signatures than are needed to get on the ballot, with the expectation that some will be rejected. The proposed 90 percent validation rate poses a virtually insurmountable hurdle, critics argue.

The measure would allow any voter to challenge the certification of ballot placement in circuit court and give the Legislature more power to carry out constitutional amendments that pass.

"If the text of a constitutional amendment proposed by initiative does not define the terms of art used throughout the amendment or describe any newly created rights, requirements, prohibitions, or authorizations, the Legislature is presumed to have the authority to define such terms and describe such rights, requirements, prohibitions, or authorizations," the bill says.

What's next:

The House passed the bill along party lines in a 76-31 vote. The bill now moves to the Senate, where a similar bill (SB 7016) is expected to be reviewed. If passed, the bill could significantly alter the process for future constitutional amendments. Legal challenges are likely to follow, especially regarding the proposed changes to signature collection and penalties. 

If enacted, the law could further restrict the ability of Floridians to use the initiative process to make constitutional changes.

STAY CONNECTED WITH FOX 35 ORLANDO:

The Source: This story was written based on information shared by The News Service of Florida.

 

FloridaPoliticsNews