Isabella Carter
The Florida Constitution has been amended 146 times since it was adopted on November 5, 1968. Florida offers five mechanisms for amending its constitution: a citizen-initiated process, a legislative process, a state constitutional convention process, and a commission-referral process with two commissions that can refer amendments. Florida is the only state where commissions are empowered to place amendments directly on the ballot. The most recent amendments to the Florida Constitution were approved by voters on November 5, 2024, and the state requires a 60% supermajority vote for constitutional amendments to be approved.
| Characteristics | Values |
|---|---|
| Number of mechanisms for amending the constitution | 5 |
| Types of mechanisms | Citizen-initiated process, legislative process, state constitutional convention process, commission-referral process, and commission referrals |
| Minimum vote percentage for approval | 60% |
| Minimum number of signatures for citizen-initiated process | 8% of votes cast in the last presidential election |
| Minimum number of signatures for constitutional convention | 15% of total votes cast in the last presidential election |
| Number of commissions with power to refer amendments | 2 |
| Frequency of Constitution Revision Commission meetings | Every 20 years |
| Frequency of Taxation and Budget Reform Commission meetings | Every 20 years, staggered with the other commission |
| Number of approved constitutional amendments | 146 |
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What You'll Learn
Florida Constitution Revision Commission
The Florida Constitution Revision Commission is one of two commissions in Florida that have the power to place constitutional amendments directly on the ballot for voter approval. The other commission is the Florida Taxation and Budget Reform Commission. The Constitution Revision Commission can propose constitutional amendments on any subject, while the Taxation and Budget Reform Commission can only propose amendments related to taxation and the state budget.
The Constitution Revision Commission meets every 20 years, beginning in 1977. The Taxation and Budget Reform Commission also meets every 20 years, but on a staggered timeline from the Constitution Revision Commission, so that one of the two commissions meets every 10 years. Florida is the only state with commissions empowered to refer constitutional amendments to the ballot.
The most recent meeting of the Constitution Revision Commission took place in 2017–2018, when the commission placed a number of amendments on the 2018 ballot. Voters approved each of the seven amendments that remained on the ballot by Election Day, all by the requisite three-fifths popular vote required to approve most Florida amendments.
The 1998 Constitutional Revision Commission proposed a rewrite of Article IV, Section 4 of the Florida Constitution, reducing the Florida Cabinet from six elected officials to three. The change took effect on January 7, 2003, and the Florida Cabinet now consists of the attorney general, the chief financial officer, and the commissioner of agriculture.
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Citizen-initiated process
Florida's Constitution can be amended through a citizen-initiated process. This process begins with the drafting of an amendment proposal, which must adhere to specific formatting requirements as outlined by the State. These requirements include:
- Being printed on individual sheets of paper
- Displaying "Constitutional Amendment Petition Form" at the top of the form
- Providing adequate space for the signee's name, address, city, county, date of birth, voter registration number, signature, and date of signature
- Allowing only one signature per form
- Including a ballot title of no more than 15 words
- Providing a ballot summary not exceeding 75 words
- Specifying the article and section being created or amended
- Including the full text of the proposed amendment
- Incorporating a disclaimer identifying the sponsoring political committee
- If gathered by a paid petition circulator, including their name and address.
Once the draft amendment is finalized, the next step is to gather signatures from eligible voters in Florida. The number of signatures required for an initiated constitutional amendment in Florida is equivalent to 8% of the votes cast in the previous presidential election. This typically amounts to a substantial number of signatures, demonstrating a significant level of support for the proposed amendment.
After securing the requisite number of signatures, the petition is then submitted to Florida's Attorney General for review. The Attorney General's role is not to approve or disapprove the content of the petition but to ensure that the title is not misleading. The Attorney General has a timeframe of 30 days to forward the petition to the Supreme Court. Concurrently, the Division of Elections sends a copy of the petition to the Financial Impact Estimating Conference.
The Supreme Court's role in this process is to determine that the amendment addresses only one subject and that the title is not misleading. There is no prescribed timeline for the Supreme Court's ruling. While the court evaluates the petition, the circulation of petitions for signature gathering continues. To successfully amend the Florida Constitution through a citizen-initiated process, petition sponsors must ultimately obtain 766,200 verified signatures from half (14) of Florida's congressional districts (27 in total).
The citizen-initiated process for amending the Florida Constitution is a rigorous and demanding endeavor, requiring significant effort in drafting the proposal, gathering a substantial number of signatures, and navigating legal reviews. However, it empowers citizens to take an active role in shaping the state's fundamental governing document.
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Legislative process
The Florida Constitution provides five mechanisms for amending the state's constitution, one of which is a legislative process. The legislative process for amending the Florida Constitution involves the following steps:
Drafting the Amendment
The first step is to draft the proposed amendment according to the State's requirements. This includes formatting specifications such as printing the proposal on individual sheets of paper with "Constitutional Amendment Petition Form" at the top. The form must include spaces for the signee's name, address, city, county, date of birth, voter registration number, signature, and date of signature. Each form can only have one signature. Additionally, a ballot title and summary must be included, adhering to word limits. The specific article and section being created or amended should be referenced, along with the full text of the amendment. A disclaimer identifying the sponsoring political committee is also required. If the signatures are gathered by a paid petition circulator, their name and address must be included as well.
Gathering Signatures
Once the amendment proposal is drafted, the sponsoring committee must gather signatures from voters residing in various congressional districts in Florida. The minimum requirement is 76,632 verified signatures from at least seven congressional districts. These signatures demonstrate support for the proposed amendment and are necessary to proceed with the legislative process.
Attorney General Review
After obtaining the required number of signatures, the petition is sent to Florida's Attorney General for review. The Attorney General examines the petition to ensure that the title is not misleading and provides a non-binding opinion on the proposal. This process typically takes up to 30 days, after which the petition is forwarded to the Supreme Court for further evaluation.
Supreme Court Evaluation
The Supreme Court receives the petition from the Attorney General and determines whether the amendment addresses only one subject and has a non-misleading title. Their ruling focuses solely on these aspects, and there is no prescribed timeline for their decision. While the Supreme Court evaluates the petition, circulation of petitions for signature gatherings can continue, aiming to obtain signatures from a more comprehensive range of congressional districts in Florida.
Legislative Session Vote
If the proposed amendment satisfies the requirements of the Supreme Court, it proceeds to a vote during a legislative session. For a constitutional amendment to be placed on the ballot, it must receive a 60% vote in favour, which equates to a minimum of 72 votes in the Florida House of Representatives and 24 votes in the Florida State Senate, assuming no vacancies. It is important to note that amendments do not require the governor's signature to be referred to the ballot.
Voter Approval
Finally, for a constitutional amendment to take effect, it must be approved by Florida voters. A supermajority of 60% voter approval is required for the amendment to pass. This step ensures that any changes to the Florida Constitution reflect the will of the people and have their consent.
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Commission-referral process
Florida's Constitution can be amended through a commission-referral process. This involves two separate commissions that have the power to refer constitutional amendments directly to the ballot for voter approval. These commissions are:
The Constitution Revision Commission
This commission meets every 20 years, beginning in 1977. It can propose constitutional amendments on any subject. The most recent meeting of this commission took place in 2017-2018, when it placed a number of amendments on the 2018 ballot.
The Taxation and Budget Reform Commission
This commission also meets every 20 years, on a staggered timeline from the Constitution Revision Commission. This means that one of the two commissions meets every 10 years. The Taxation and Budget Reform Commission can only propose amendments related to taxation and the state budget.
To amend the Florida Constitution through the commission-referral process, a petition must be sent to Florida's Attorney General for review. The Attorney General does not approve the contents of the petition but checks to make sure the title is not misleading. The Attorney General has 30 days to send the petition to the Supreme Court. The Supreme Court rules on whether the amendment is on a single subject and has a non-misleading title. Petitions require 76,632 verified signatures from voters residing in at least seven congressional districts in Florida. To be placed on the ballot, a constitutional amendment requires a 60% supermajority vote during one legislative session.
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Requirements for a petition
The Florida Constitution can be amended through a citizen-initiated process, a legislative process, a state constitutional convention process, or a commission-referral process. All constitutional amendments in Florida require voter approval, with a 60% supermajority vote required for voters to approve constitutional amendments.
The requirements for a petition to amend the Florida Constitution are as follows:
- The petition must be printed on individual sheets of paper with "Constitutional Amendment Petition Form" at the top.
- Each sheet must have adequate space for the signee's name, address, city, county, date of birth, voter registration number, signature, and date of signature. Only one signature is allowed per form.
- The ballot title must not exceed 15 words in length, and the ballot summary must not exceed 75 words.
- The petition must include the article and section being created or amended, as well as the full text of the amendment.
- A disclaimer must be included, reading, "Initiative petition sponsored by [name and address of the sponsoring political committee]."
- If gathered by a paid petition circulator, the petition must include space for the name and address of the paid petition circulator.
- The petition must meet congressional district signature requirements: 76,632 verified signatures from voters residing in at least seven congressional districts in Florida.
- Once the sponsoring committee meets the signature requirements, the petition is sent to Florida's Attorney General for review. The Attorney General does not approve the contents of the petition but checks to make sure the title is not misleading and issues a non-binding opinion.
- The Attorney General has 30 days to send the petition to the Supreme Court, which determines that the amendment addresses only one subject and that the title is not misleading.
- Petitions sponsors must have 766,200 verified signatures from one-half (14) of the congressional districts (27) in Florida.
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Frequently asked questions
The Florida Constitution is the state constitution of Florida. It is the fundamental document that outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The current Florida Constitution was adopted on November 5, 1968, and has been amended 146 times.
The Florida Constitution can be amended through five mechanisms: a citizen-initiated process, a legislative process, a state constitutional convention process, a commission-referral process, and through commission referrals from the Florida Constitution Revision Commission and the Florida Taxation and Budget Reform Commission. All amendments require a 60% supermajority vote for approval.
The process begins with drafting an amendment petition that meets state requirements. The petition must include specific elements, such as a ballot title, a summary, the article and section being amended, and the full text of the amendment. Once the petition form is finalized, the sponsoring committee must gather signatures from voters residing in at least seven congressional districts in Florida. After meeting the congressional district signature requirements, the petition is sent to Florida's Attorney General for review. The Attorney General ensures that the title is not misleading and issues a non-binding opinion within 30 days. The petition is then sent to the Supreme Court for a ruling on whether the amendment addresses only one subject and has a non-misleading title. Simultaneously, the petition continues to circulate for gathering additional signatures. Ultimately, the petition sponsors must obtain 766,200 verified signatures from one-half (14 out of 27) of Florida's congressional districts.
The Florida Constitution Revision Commission is authorized to place constitutional amendments directly on the ballot for voter approval. This commission meets every 20 years and can propose amendments on any subject. The most recent meeting took place in 2017-2018, where they placed several amendments on the 2018 ballot.
