Florida bill wants to make getting citizen initiatives on the ballot more challenging
WLRN
*Note: Please visit the article link to listen to our VP of Policy and Community Engagement, Rachel Prestipino, interviewed for this story.
By Jenny Jacoby, Joshua Ceballos
This article originally appeared on WLRN.org.
A home in Tavernier, Florida, places "Yes on 3" picket signs in support of Amendment 3, the marijuana ballot initiative for the 2024 November elections.
Julia Cooper
A bill that would make it more difficult for citizens to get constitutional amendments on the ballot is advancing in the Florida Senate. Its sister bill, HB1205, has already passed in the House.
Since 1968, Florida voters have been able to amend the state constitution through ballot initiatives. If groups gather enough petition signatures from voters — equal to 8% of the votes cast in the preceding presidential election — an amendment can get on the statewide ballot. Amendments currently need 60% of the vote to pass.
Republican legislators want to set stricter hurdles on that process, due to what they say are fears of fraud.
“The initiative process is broken. We have a duty to fix it to protect our state constitution,” said house bill sponsor Republican Jenna Persons-Mulicka.
Adding parameters to the process to avoid signature fraud was one of DeSantis’ main issues heading into the 2025 legislative session.
The bill advancing the Florida Senate in this year's legislative session would impose the threat of multi-thousand dollar fines as well as financial requirements to groups hoping to get their initiatives on the ballot.
It would also require petitions to be sent to the local Supervisors of Elections within 10 days of receiving a signature, instead of the current 30. Late submission would result in an increased fee from $50 to up to $2,500. An amendment sponsor could be fined up to $5,000 if a signature collector fills in missing information or signs for someone else on a petition. If someone collecting signatures has been convicted for a felony, the initiative sponsor can be fined $50,000 per violator.
The House has adopted a more onerous version of the bill — HB 1205. In the House version, any initiative would be subject to investigation from the Office of Election Crimes and Security if more than 10% of submitted petitions received for a reporting period are invalid.
Additionally, the House has proposed a $1 million bond would have to be put up by any groups sponsoring an initiative. The companion version in the Senate, SB7016, removes some of the more controversial provisions, like the $1 million bond.
The latest crackdown on citizen-led initiatives comes after an amendment to protect abortion rights last year was reported to have had a “large number of forged signatures or fraudulent petitions” in a report issued by the Office of Election Crimes and Security, created by Ron DeSantis amid much fanfare in 2022. Floridians Protecting Freedom, the group responsible for the bill was fined $328,000. The group originally sued the government, but reportedly dropped the case in December.
In 2006, Florida voters passed a constitutional amendment that raised the threshold to approve these ballot initiatives from 505 to 60%. In 2021, the Florida legislature passed a law to put a $3,000 cap on donations for ballot measures, but it did not hold up in courts.
FILE - In this July 29, 2019, file photo, Desmond Meade, president of the Florida Rights Restoration Coalition, talks about Amendment 4 during a news conference at the Miami-Dade County State Attorney's Office in Miami. The Florida activist led the movement to allow former felons to vote.
Sam Navarro/Miami Herald via AP
Almost five decades of amendments
Since 1968, when citizens were permitted to place proposed amendments to the state constitution, dozens have been voted on. Here are some of the constitutional changes Florida has today thanks to ballot initiatives:
Everglades Trust Fund and pollution protection (Amendments 5 and 6, 1996)
In 1996, three Everglades related initiatives made their way onto the ballot, two of which passed.
Amendment 5 made those responsible for water pollution in the Everglades Protection Area and the Everglades Agricultural Area pay to rectify the pollution. Amendment 6 established the Everglades Trust Fund to help raise funds for conservation.
Nonpartisan school boards, Florida Cabinet changes, firearm background checks, gender equality (Amendments 8, 9, 11 and 12, 1988)
Among the citizen measures approved by voters in 1988 were amendments that called for nonpartisan school board elections, restructured the Florida cabinet, gave counties the option to require a criminal background check and waiting period before a firearm sale and declared “all natural persons, female and male alike, are equal before the law.” Of the 9 citizen initiatives on the ballot that year, only one failed.
Free pre-kindergarten (Amendment 8, 2002)
In 2002, 59% of voters supported a citizen ballot initiative to remove the cost barrier to pre-kindergarten, opening up universal schooling and care for four-year olds. This was before the 60% approval requirement that was passed as a legislatively referred constitutional amendment in 2006.
More than 2.6 million children have benefited from the initiative according to the Florida Department of Education.
Class size restrictions, no smoking indoors at work (Amendments 6 and 9, 2002)
That same year, citizens put two other landmark amendments on the ballot and passed them both. Amendment 9 placed strict restrictions on class sizes: no more than 18 students to a teacher up to third grade, 22 students for grades four to eight and 25 students for grades nine to 12. In 2011, the Florida legislature voted to expand this slightly, adding up to five students to the previous limits.
Amendment 6 prohibited smoking tobacco in indoor workplaces, barring some exceptions such as hotel rooms.
Definition of marriage initiative (Amendment 2, 2008)
In 2008, citizens put an initiative on the ballot that declared marriage could only be between one man and one woman. The initiative passed, but was struck down after the Supreme Court's ruling in Obergefell v. Hodges in 2015.
Legalization of medical marijuana (Amendment 2, 2016)
The legalization of medical marijuana made its way onto the ballot twice before passing. In 2014 only 42% of voters got behind the amendment, in its second effort more than 70% of Floridian voters supported it. It opened up medical marijuana to patients with one of 10 qualifying conditions, including HIV and cancer, or "other debilitating medical conditions of the same kind or class as or comparable to those enumerated."
As of November, 2024 there were 882,524 qualified patients and 2,405 physicians able to administer marijuana.
Voting restoration for felony convicts, banning offshore drilling and vaping (Amendments 4 and 8, 2018)
2018 was also a buys year for citizen initiatives, with all nine placed on the ballot clearing the 60% approval needed to pass. This year saw citizens initiate the restoration of the right to vote for most people with felony convictions, so long as they completed their sentences. It also saw the banning of offshore drilling for oil and natural gas on lands beneath all state water and vaping in enclosed, indoors spaces.
The process for voting right restoration for people with felony convictions has been far from simple since the 2018 ballot measure, however. In 2019, Gov. DeSantis signed a bill into law that required convicted felons to pay off all legal obligations before they would be allowed to vote again. Civil rights groups have filed multiple lawsuits against the state in response to this law, comparing it to a poll tax and arguing that it is unconstitutional.
Raising minimum wage to $15 (Amendment 2, 2020)
In 2020, a ballot initiative to raise the minimum wage to $15 by 2026 was barely passed by voters with 60.82% approving the amendment. The minimum wage has risen steadily over the past five years as planned, and currently sits at $13 for non-tipped workers.
No initiatives have yet been approved for the 2026 election, but there are 18 potential measures proposed by citizens trying to earn their spot, according to Ballotpedia.
*Note: Please visit the article link to listen to our VP of Policy and Community Engagement, Rachel Prestipino, interviewed for this story.
By Jenny Jacoby, Joshua Ceballos
This article originally appeared on WLRN.org.
A home in Tavernier, Florida, places "Yes on 3" picket signs in support of Amendment 3, the marijuana ballot initiative for the 2024 November elections.
Julia Cooper
A bill that would make it more difficult for citizens to get constitutional amendments on the ballot is advancing in the Florida Senate. Its sister bill, HB1205, has already passed in the House.
Since 1968, Florida voters have been able to amend the state constitution through ballot initiatives. If groups gather enough petition signatures from voters — equal to 8% of the votes cast in the preceding presidential election — an amendment can get on the statewide ballot. Amendments currently need 60% of the vote to pass.
Republican legislators want to set stricter hurdles on that process, due to what they say are fears of fraud.
“The initiative process is broken. We have a duty to fix it to protect our state constitution,” said house bill sponsor Republican Jenna Persons-Mulicka.
Adding parameters to the process to avoid signature fraud was one of DeSantis’ main issues heading into the 2025 legislative session.
The bill advancing the Florida Senate in this year's legislative session would impose the threat of multi-thousand dollar fines as well as financial requirements to groups hoping to get their initiatives on the ballot.
It would also require petitions to be sent to the local Supervisors of Elections within 10 days of receiving a signature, instead of the current 30. Late submission would result in an increased fee from $50 to up to $2,500. An amendment sponsor could be fined up to $5,000 if a signature collector fills in missing information or signs for someone else on a petition. If someone collecting signatures has been convicted for a felony, the initiative sponsor can be fined $50,000 per violator.
The House has adopted a more onerous version of the bill — HB 1205. In the House version, any initiative would be subject to investigation from the Office of Election Crimes and Security if more than 10% of submitted petitions received for a reporting period are invalid.
Additionally, the House has proposed a $1 million bond would have to be put up by any groups sponsoring an initiative. The companion version in the Senate, SB7016, removes some of the more controversial provisions, like the $1 million bond.
The latest crackdown on citizen-led initiatives comes after an amendment to protect abortion rights last year was reported to have had a “large number of forged signatures or fraudulent petitions” in a report issued by the Office of Election Crimes and Security, created by Ron DeSantis amid much fanfare in 2022. Floridians Protecting Freedom, the group responsible for the bill was fined $328,000. The group originally sued the government, but reportedly dropped the case in December.
In 2006, Florida voters passed a constitutional amendment that raised the threshold to approve these ballot initiatives from 505 to 60%. In 2021, the Florida legislature passed a law to put a $3,000 cap on donations for ballot measures, but it did not hold up in courts.
FILE - In this July 29, 2019, file photo, Desmond Meade, president of the Florida Rights Restoration Coalition, talks about Amendment 4 during a news conference at the Miami-Dade County State Attorney's Office in Miami. The Florida activist led the movement to allow former felons to vote.
Sam Navarro/Miami Herald via AP
Almost five decades of amendments
Since 1968, when citizens were permitted to place proposed amendments to the state constitution, dozens have been voted on. Here are some of the constitutional changes Florida has today thanks to ballot initiatives:
Everglades Trust Fund and pollution protection (Amendments 5 and 6, 1996)
In 1996, three Everglades related initiatives made their way onto the ballot, two of which passed.
Amendment 5 made those responsible for water pollution in the Everglades Protection Area and the Everglades Agricultural Area pay to rectify the pollution. Amendment 6 established the Everglades Trust Fund to help raise funds for conservation.
Nonpartisan school boards, Florida Cabinet changes, firearm background checks, gender equality (Amendments 8, 9, 11 and 12, 1988)
Among the citizen measures approved by voters in 1988 were amendments that called for nonpartisan school board elections, restructured the Florida cabinet, gave counties the option to require a criminal background check and waiting period before a firearm sale and declared “all natural persons, female and male alike, are equal before the law.” Of the 9 citizen initiatives on the ballot that year, only one failed.
Free pre-kindergarten (Amendment 8, 2002)
In 2002, 59% of voters supported a citizen ballot initiative to remove the cost barrier to pre-kindergarten, opening up universal schooling and care for four-year olds. This was before the 60% approval requirement that was passed as a legislatively referred constitutional amendment in 2006.
More than 2.6 million children have benefited from the initiative according to the Florida Department of Education.
Class size restrictions, no smoking indoors at work (Amendments 6 and 9, 2002)
That same year, citizens put two other landmark amendments on the ballot and passed them both. Amendment 9 placed strict restrictions on class sizes: no more than 18 students to a teacher up to third grade, 22 students for grades four to eight and 25 students for grades nine to 12. In 2011, the Florida legislature voted to expand this slightly, adding up to five students to the previous limits.
Amendment 6 prohibited smoking tobacco in indoor workplaces, barring some exceptions such as hotel rooms.
Definition of marriage initiative (Amendment 2, 2008)
In 2008, citizens put an initiative on the ballot that declared marriage could only be between one man and one woman. The initiative passed, but was struck down after the Supreme Court's ruling in Obergefell v. Hodges in 2015.
Legalization of medical marijuana (Amendment 2, 2016)
The legalization of medical marijuana made its way onto the ballot twice before passing. In 2014 only 42% of voters got behind the amendment, in its second effort more than 70% of Floridian voters supported it. It opened up medical marijuana to patients with one of 10 qualifying conditions, including HIV and cancer, or "other debilitating medical conditions of the same kind or class as or comparable to those enumerated."
As of November, 2024 there were 882,524 qualified patients and 2,405 physicians able to administer marijuana.
Voting restoration for felony convicts, banning offshore drilling and vaping (Amendments 4 and 8, 2018)
2018 was also a buys year for citizen initiatives, with all nine placed on the ballot clearing the 60% approval needed to pass. This year saw citizens initiate the restoration of the right to vote for most people with felony convictions, so long as they completed their sentences. It also saw the banning of offshore drilling for oil and natural gas on lands beneath all state water and vaping in enclosed, indoors spaces.
The process for voting right restoration for people with felony convictions has been far from simple since the 2018 ballot measure, however. In 2019, Gov. DeSantis signed a bill into law that required convicted felons to pay off all legal obligations before they would be allowed to vote again. Civil rights groups have filed multiple lawsuits against the state in response to this law, comparing it to a poll tax and arguing that it is unconstitutional.
Raising minimum wage to $15 (Amendment 2, 2020)
In 2020, a ballot initiative to raise the minimum wage to $15 by 2026 was barely passed by voters with 60.82% approving the amendment. The minimum wage has risen steadily over the past five years as planned, and currently sits at $13 for non-tipped workers.
No initiatives have yet been approved for the 2026 election, but there are 18 potential measures proposed by citizens trying to earn their spot, according to Ballotpedia.
