As a lifelong Floridian who cares deeply about the future of our state, I was pleased to see the passage of important reforms to Florida’s citizens’ initiative process. House Bill 1205, recently signed into law by Gov. DeSantis, brings needed changes to how we, as Floridians, can propose constitutional amendments.
These reforms are crucial for preserving the integrity of constitutional amendments and, perhaps more importantly, ensuring that the power to shape Florida’s laws remains in the hands of its residents, rather than being manipulated by out-of-state special interests with deep pockets.
The need for these reforms became even more apparent with the release of the more than 900-page report from the Office of Election Crimes and Security (OECS) earlier this year that revealed extremely concerning levels of petition fraud leading up to the 2024 election. “While the abortion initiative was by far the most prolific in terms of the number and volume of complaints OECS received alleging fraud or illegal conduct during 2023 and 2024, it was not alone. The agents of political committees sponsoring other initiative petitions also engaged in petition fraud throughout Florida in the leadup to the 2024 general election.”
Since OECS was formed in 2022, at least 17 arrests have been made by FDLE of petition gatherers collecting on behalf of four different initiatives. Meanwhile, hundreds of criminal investigations remain open and pending, and additional arrests are likely.
Key provisions of these new reforms include a requirement that both paid and volunteer petition gatherers must be Florida residents, ensuring that those collecting signatures have a vested interest in the state’s governance.
Accountability and transparency are also enhanced under these reforms, withindividuals collecting more than 25 signatures now mandated to register with the state, as well as stricter deadlines, and penalties for violations of these requirements.
Additionally, the timeframe for submitting petitions has been reduced and penalties for non-compliance have been increased, thus deterring potential misuse of the initiative process.
Finally, enhanced verification measures now require petition signers to provide additional identification, such as a driver’s license or partial Social Security number, to validate authenticity and prevent fraudulent signatures. This will help to ensure that when people sign a petition, it’s really them and not someone trying to push through fake signatures.
These measures are important tools in combatting signature fraud and preventing the circumvention of the legislative process and manipulation of Florida’s constitution by out-of-state entities.
While these reforms are facing some criticism and, predictably, lawsuits — HB 1205 is a proactive step towards preserving the sanctity of Florida’s democratic processes. Recent James Madison Institute polling suggests 1-in-3 Floridians already believe the requirement for voters to approve constitutional amendments should be higher than the current 60%, so concerns exist, and Floridians want their constitution protected.
By reinforcing the integrity of citizen-led initiatives and by holding bad actors accountable, Florida can ensure that constitutional amendments are brought to the ballot legally and that they genuinely reflect the will of its residents.
In essence, this legislation seeks to return the citizens’ initiative process to its foundational purpose: empowering Floridians to have a direct and authentic voice in shaping their constitution, free from undue, and unwanted external influence.
Doug Wheeler is the director of the George Gibbs Center for Economic Prosperity at The James Madison Institute.
