A Florida Senate bill would make it more difficult to get a citizens initiative on the ballot. A key provision would ban the use of public funds to advocate for or against an issue that is the subject of a proposed constitutional amendment. A companion bill in the House would not go that far.
This discussion comes as Gov. Ron DeSantis spars with the House over accusations that $10 million in Medicaid settlement money landed in the coffers of a political committee whose position he shared.
DeSantis fought hard to defeat proposed Amendments 3 and 4. The latter would’ve broadly legalized abortion. The other would’ve legalized recreational marijuana. He won both battles in November.
Now, Pensacola Republican Rep. Alex Andrade is leading a House investigation into Hope Florida, a nonprofit organization led by first lady Casey DeSantis, who is considering running for governor next year. Andrade has accused Attorney General James Uthmeier, DeSantis’ former chief of staff, of committing criminal fraud and money laundering by using funds from Hope Florida to aid the fight against the marijuana amendment.
Meanwhile, the House and Senate are deep in discussions of bills that Democrats say would end citizens' efforts to alter the state constitution. Republicans backing the bills say the groups behind last year’s marijuana and abortion amendments polluted the process.
“It has been taken over by out-of-state fraudsters looking to make a quick buck and by special interests intent on buying their way into our constitution,” says Fort Myers Republican Rep. Jenna Persons-Mulicka.
She points to a report by the state Office of Election Crimes and Security. The office, in its January report to state leaders, said Florida makes it easy to register and vote but hard to cheat. It also noted that petition fraud has been a concern since the state constitution was revised in 1968 to allow amendment proposals through citizen initiatives. It identifies two groups behind last year's amendments 3 and 4 as violating election laws last year.
“We have already seen evidence of fines over the last couple of years including, as I said, a letter that went out to Smart and Safe Florida just in the last couple of weeks, fining them $121,850," said Persons-Mulicka. "Floridians Protecting Freedom last year was fined $186,000 for violating our current law.”
Persons-Mulicka is the House sponsor of a bill that would change the process of gathering petitions to put a proposed amendment on the ballot.
It would require voters signing petitions to provide sensitive information, such as the last four digits of their Social Security numbers or driver's licenses. It would require supervisors of elections to notify voters who signed petitions that they have the right to change their minds. It would slash from 30 days to 10 days the length of time the groups gathering petitions have to submit them to elections supervisors. And there’s much more.
Panama City Beach Republican Rep. Griff Griffitts says the bill is needed to push back on the propaganda machine behind the ballot proposals.
“This report notes that 17 arrests have been made by FDLE. But what FDLE said is that the arrests and the subpoenas are hard to enforce because they’re out-of-state contractors," he said. "Members, we don’t want out-of-state money, corporate interests and that like telling us how to put stuff on our constitution - or telling us how to vote.”
Democrats say the fines show the process works, and that ballot initiatives have been essential to measures such as raising the minimum wage and enacting free prekindergarten for children - policy changes that lawmakers wouldn’t make.
St. Petersburg Democratic Rep. Lindsay Cross calls the provisions of the bill a death knell for citizen-led ballot initiatives in Florida.
“This process is already timely, expensive and a very heavy lift," she said. "This bill will take the bar from very high to all but impossible.”
The House bill leaves out a key point the Senate includes: Public money can’t be used to advocate for or against a constitutional amendment. Orlando Democratic Rep. Anna Eskamani agrees with the Senate.
“This bill cuts petition time frames, adds more fines and fees, threatens people with criminal charges," she said. "And it’s really just based upon the fact that we have seen these initiatives become more and more successful despite goal post-moving, and we’re intimidated by that. And now we’re attempting to make it nearly impossible to pursue. So, let’s be honest, members: This bill is not about integrity or transparency. It is about control.”
The House bill passed along party lines. The Senate version is being heard on the floor.
