Do You Have a Second to Talk About Citizens’ Rights? HB 1205’s Impact on Citizen Ballot Initiatives in Florida

Writer: Samantha Mason

Article Editor: Hannah Mumford

Associate Editors: Harper West & Leona Rindle

I. Introduction

During the 2025 session, the Florida Legislature passed HB 1205, which made significant changes to the way state-level citizen petition campaigns operate.¹ Since 1968, Florida citizens have had the ability to place constitutional amendments on the ballot for consideration without legislative approval.² The process operates as follows: motivated citizens can organize to collect petitions for a certain issue, and once a threshold is reached, it can be placed on the ballot to be directly considered by the voters.³ The intention behind this idea is to allow citizens to make changes to the state constitution when they feel the legislature has done an inadequate job of addressing those issues. It is an incredibly powerful tool, and one that only nineteen states possess.⁴ Some successful initiatives enshrined into law because of this policy include the $15 minimum wage and legalized medical marijuana.⁵ Citizens deserve the right to institutionally advocate for themselves and their communities when lawmakers fail to address their needs, which is why a policy like this is an invaluable part of putting decision-making power back in the hands of voters.

II. Previous Changes

The procedure has received criticism before, and HB 1205⁶ is not the first time that state officials have tried to lessen its impact. In 2005, the Legislature voted to place an initiative on the ballot that raised the voting threshold to a 60 percent yes in order for constitutional amendments to be enshrined, as opposed to a simple majority before that point.⁷ Lawmakers cited concerns over how easy it had become for small groups of citizens to make significant changes to the Constitution. One of those lawmakers who supported the resolution was then Representative Alan Hayes, who now serves as the supervisor of elections in Lake County. His belief was that the state constitution should serve as a “…guiding framework document that should not be changed just because of the whim of some group of people who all of a sudden…can muster up a simple majority and go with it.” One opponent to the resolution was Representative Bruce Antone, who still stands by his no vote years later: “I still think it’s a bad idea…At the time, they passed that to make it more difficult because they were just trying to keep these amendments out of the Constitution, but I still think it’s a bad idea that we require 60%.” Ultimately, it was the voters themselves who had the final say on the matter, and they voted yes when the amendment was on the ballot that election year. One interesting aspect of this discussion was that the initiative to raise the threshold to 60 percent didn’t even reach the minimum, and only 57.78 percent of voters voted yes on the amendment.⁸ One could argue that this change was necessary, but the purpose behind this initiative was clear: to make it harder for citizens to put constitutional amendments on the ballot, thereby limiting their power. It calls into question the intention of lawmakers when they attempt to suppress citizens’ power not only through intimidation tactics, but through institutional change that lessens their control over the process.

III. Impact of HB 1205

HB 1205 represents a paradigm shift. This piece of legislation did not just change the way voters interact with citizen initiatives on the ballot; it fundamentally changed the way that the statewide campaigns are run. First, it requires that anyone in possession of 25 or more signed forms be registered with and trained by the state; if an individual is not registered, they will be charged with a third-degree felony.⁹ The bill also changed who is and is not allowed to collect petitions for campaigns; collectors may not have a current felony conviction and have not had their right to vote restored, and must be a citizen and a Florida resident. The law established a $50,000 fine on campaigns that have unregistered or ineligible petitioners collecting forms. It also requires the Supervisor of Elections (SOE) for each county to mail a confirmation notice to all voters who submit a valid petition, and the petition now requires voters to provide their driver’s license number or the last four digits of a Social Security number when filling out the form.¹⁰ Additionally, the law shortened the turnaround rate from signature to the SOE from thirty days to ten days, with a $50 fine per form per day late, and imposes a $500 additional fee if the form is submitted to the wrong county.

IV. Broader Implications

The justification behind this bill is that it is protection against fraud, but it is interesting that this law passed right after the controversial Amendments 3 and 4, the initiatives attempting to legalize recreational marijuana and protect abortion access, received high approval ratings from voters, with 55 percent and 57 percent of Floridians voting yes in 2024, respectively.¹¹ These two cases are particularly related to this discussion because both are actively opposed by the legislature but supported by voters. In any case, the law has already had major impacts on the 2026 election, with the Department of State recently announcing that not a single citizen petition initiative collected enough signatures to qualify on the 2026 ballot.¹² The fact that none of the twenty-two proposed campaigns gained enough momentum to reach the ballot demonstrates that HB 1205 is making an already difficult process more expensive and inaccessible, effectively excluding smaller grassroots campaigns from the citizen petition process. The broader implications of this bill is clear: HB 1205 takes further power from citizens and gives sole decision-making power back to the Legislature, almost eliminating one of the most influential resources constituents have to make their voices heard when their elected officials refuse to listen. Even if deemed necessary by governing powers, any policy changes that take away tools from everyday citizens and limit opportunities for change to only those who have enough to pay the entry fee should be approached with caution

V. Moving Forward

Currently, one of the campaigns affected by this policy has filed suit against the state on free speech grounds.¹³ The case is now at the district court level, and advocacy organizations like the Campaign Legal Center are helping the “Florida Right to Clean Water” organization so that their claims can be fully heard.

1. Ch. 2025-21, § 6, 2025 Fla. Laws 8. ↩︎
2. John B. Anderson & Nancy C. Ciampa, Ballot Initiatives: Recommendations for Change, 71 Fla. B.J. 71 (Apr. 1997). ↩︎
3. Movement Advancement Project, Direct Citizen Initiative States, Democracy Maps, https://www.lgbtmap.org/democracy-maps/direct_citizen_initiative_states (on file with the Undergraduate Law Review at FSU). ↩︎
4. Id. ↩︎
5. List of Florida Ballot Measures, Ballotpedia, https://ballotpedia.org/List_of_Florida_ballot_measures (on file with the Undergraduate Law Review at FSU). ↩︎
6.  C.S. for H.B. 1205, 2025 Leg., Reg. Sess. (Fla. 2025), https://www.flhouse.gov/sections/bills/billsdetail.aspx?BillId=81899 (on file with the Undergraduate Law Review at FSU). ↩︎
7. Florida Amendment 3, 60% Majority Requirement for Constitutional Amendments Amendment (2006), Ballotpedia, https://ballotpedia.org/Florida_Amendment_3,_60%25_Majority_Requirement_for_Constitutional_Amendments_Amendment_ (on file with the Undergraduate Law Review at FSU). ↩︎
8. Id. ↩︎
9. Common Cause Fla., Explainer: How Does HB1205 Impact Citizen-Led Amendments in Florida?, Common Cause Fla. (May 2025), https://www.commoncause.org/florida/articles/explainer-how-does-hb1205-impact-citizen-led-amendments-in-florida/ (on file with the Undergraduate Law Review at FSU). ↩︎
10. Id. ↩︎
11. Florida 2024 Ballot Measures, Ballotpedia, https://ballotpedia.org/Florida_2024_ballot_measures (on file with the Undergraduate Law Review at FSU). ↩︎
12. Associated Press, Recreational Marijuana and 21 Other Citizen Initiatives Fail to Qualify for Florida’s 2026 Ballot (Feb. 2026), https://apnews.com/article/10fb3f1a9936e94692335b7329f600dd (on file with the Undergraduate Law Review at FSU). ↩︎
13. Complaint for Declaratory and Injunctive Relief, Florida Right to Clean Water & Melissa Martin v. Byrd, No. 4:25-cv-00211-MW-MAF (N.D. Fla. 2025), ECF No. 116.
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