Democrats and other critics slammed Republicans for trying to destroy the citizen-led constitutional amendment process during a House committee hearing.
“This bill, as currently written, really is just a death knell for the citizen-led ballot initiatives,” said Democrat Rep. Lindsay Cross.
Despite an hour of public testimony against HB 1205, the House State Affairs Committee advanced the bill in its final committee stop with a 17-7 party-line vote.
“Our citizen initiative petition process is broken, and we are the ones that must fix it,” argued Rep. Jenna Persons-Mulicka, a Fort Myers Republican who sponsored the bill. “This process has been taken over by out-of-state fraudsters looking to make a quick buck and by special interest intent on buying their way into the constitution.”
The proposed changes to the ballot initiative process come after last year’s abortion rights initiative fell short of the 60% threshold to pass.
Amendment 4 became a target of Gov. Ron DeSantis, who accused the political committee sponsoring it of fraud. The Floridians Protecting Freedom (FPF) political action committee later paid a $164,000 settlement with the state over allegations that paid petition circulators submitted fraudulent petitions. FPF and Democrats said DeSantis went on a political witch hunt.
Now, Republicans are trying to change the requirements for future initiatives. HB 1205 would require citizen-led ballot initiatives to put down a $1 million bond, which Persons-Mulicka proposed must be paid once 25% of the needed signatures to get on the ballot are collected.
The bill’s changes include slashing the deadline so groups would need to submit petitions within 10 days of getting them signed, instead of the current 30-day window. It would also increase penalties and upgrade the criminal charges for groups that don’t follow the stricter rules.
One of the more interesting provisions in the bill also strikes back at DeSantis who, as the public face against last year’s abortion rights and legalized marijuana initiatives, reportedly spent millions of public dollars to fight them.
Republicans pushed back against the Governor and added a measure in the bill that would ban public funds spent on “communications” during constitutional amendments.
“Do you think it would prohibit some of the activity we saw this past session with the Office of the Governor using public funds — what they said were PSAs, but felt more like political ads?” asked Democratic Rep. Anna Eskamani.
Persons-Mulicka declined to definitively answer the question saying, “I think there’s a lot of different factual scenarios and speculation that can be made.”
The committee also amended the bill to strip the state’s top economist as a voting member from the Financial Impact Estimating Conference.
Last year, the conference featured a political showdown pitting Florida economic chief Amy Baker against a DeSantis office representative and a Heritage Foundation staffer during the conference, as they debated putting a “financial impact statement” on the ballot next to the Amendment 4 abortion rights language. Baker lost as the lone dissenting vote.
“I would just say that the Office of Economic and Demographic Research will still be at the table. They still will have an advisory role. They still have an opinion. But with that being said, they need to be ex officio,” said Rep. Griff Griffitts, who filed the amendment. “I think it’s good policy.”
Democrats’ attempts to water down the bill failed Wednesday.
Cecile Scoon, Co-President of the League of Women Voters of Florida, argued that citizen-led initiatives take shape because the public is disappointed in the Legislature’s inaction.
“The only reason that they’re doing it is the citizens often feel that their elected officials are not listening to their needs,” she said. “They go to their elected officials and they say, ‘We need more money for our work. We need a minimum wage to be raised.’ Nothing is done, so the citizens take that on.”
The bill’s measures, especially shortening the timeline to submit petitions, would be “detrimental,” she said.
Republicans are dancing around the issue and masking their true intentions, argued Larry Colleton, a member of Orange County’s NAACP.
“You don’t want citizen initiatives. Just say that. Don’t pretend with this $1 million bond,” he said.
Added Democratic Rep. Debra Tendrich, “There is a big difference between restrictions and protections. We’ve kind of crossed that line from protecting our rights to creating additional restrictions and barriers.”
Republicans brushed off the opposition.
“I’m in favor of this good bill,” said Rep. Mike Caruso. “When we speak about ballot initiatives, we are speaking about our constitution, which is the foundation of Florida, and as a foundation, it should be strong. It should be solid and not be subject to the whims of the moment, like the shifting sands of our beaches.”
Rep. Meg Weinberger fought back as the bill’s critics said the public’s voice will be silenced if the measure passes.
“What amazes me about this process in the Legislature is that any citizen can bring an idea to the legislator and advocate for that idea to turn into law. So I think that some people are misinformed,” she said. “As far as the bill is, if you read it, if I’m correct, it’s really just protecting the petition process and the initiatives. It’s safeguarding from fraud.”
Florida Politics asked Lauren Brenzel, FPF’s former Campaign Director, if advocates were planning to sue if the bill passes this Session.
“We are going to continue to apply as much pressure as we can on the Legislature to stop this bill. It’s a bad bill,” she said during Wednesday’s press conference with the Ballot Initiative Strategy Center.
“I know that after Legislative Session, depending on whether or not the bill passes, partners in the state will be looking for all available options available to them to make sure that they’re able to protect citizens’ rights to amend their Constitution.”
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