Florida Senate Signs Off On Contribution Limit
TALLAHASSEE (CBSMiami/NSF) - Less than a year after a federal judge struck down a similar measure, the Florida Senate on Monday approved a campaign-finance measure designed to make it more difficult for groups to place proposed constitutional amendments on the ballot.
The bill (HB 921), in part, would place a $3,000 limit on contributions from out-of-state donors to political committees trying to collect enough petition signatures to move forward with citizens' initiatives.
During debate on the measure Monday, Sen. Jeff Brandes, R-St. Petersburg, said the proposal is unconstitutional because it would limit speech.
"We should not limit people's ability to speak, period," he said.
But Sen. Ray Rodrigues, R-Estero, argued the bill targets "billionaires who have contributed literally tens of millions of dollars to influence" states' constitutions.
Florida is one of 18 states that allow citizens' initiatives to make constitutional changes.
"And we need to make sure it's actually citizens," Rodrigues said.
The Senate approved the measure in a 22-16 vote, sending it back to the House.
In July, U.S. District Judge Allen Winsor struck down a similar law that would have capped contributions at $3,000 during the signature-gathering phase. The 2021 law applied to contributions from in-state and out-of-state donors. Winsor found the law unconstitutionally restricted political speech.
"First, contributions to political committees that advocate for ballot initiatives are 'beyond question a very significant form of political expression,'" Winsor wrote, partially quoting from legal precedent.
Winsor also rejected the state's argument, echoed by Rodrigues on Monday, that the cap should be upheld because it would only restrict contributions during the signature-gathering phase of ballot-initiative campaigns. The cap would not apply after committees have submitted enough petition signatures to get on the ballot.
"It is unclear … why this would matter for First Amendment purposes," wrote Winsor, who was appointed by former President Donald Trump, adding that nothing in previous court decisions about campaign contribution limits "suggested that states could restrict speech and expression surrounding ballot initiatives so long as the restriction covered only part of the initiative process."
Supporters of this year's bill have tried to draw a distinction because the proposed limit would only apply to out-of-state donors.
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