Eleanor Finch
Florida has had six different constitutions in less than two centuries. The current constitution, ratified in 1968, has been amended 144 times, most recently in 2024. There are five mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, a state constitutional convention process, and a commission-referral process with two commissions that have the power to refer amendments. All amendments require a 60% voting majority to pass.
| Characteristics | Values |
|---|---|
| Legislative Process | A legislative joint resolution |
| Citizen-Initiated Process | Initiative petition |
| Commission-Referral Process | Constitution Revision Commission or Taxation and Budget Reform Commission |
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What You'll Learn
Legislative, citizen-initiated, and convention-referred constitutional amendment
The Florida Constitution can be amended in three ways: through a legislative process, a citizen-initiated process, or a convention-referred constitutional amendment.
Legislative
The legislative process involves a joint resolution agreed upon by three-fifths of the members of each house of the legislature. This means that a 60% vote is required during one legislative session for the Florida State Legislature to place a constitutional amendment on the ballot. In numbers, this amounts to a minimum of 72 votes in the Florida House of Representatives and 24 votes in the Florida State Senate, assuming no vacancies. Amendments on the ballot must then be approved by 60% of voters to pass and they do not require the governor's signature.
Citizen-Initiated
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Florida is one of 18 states that allow citizens to initiate constitutional amendments. The process starts with a registered political committee, who acts as the petition sponsor. The sponsor can only sponsor one initiative petition per election cycle. For the 2026 General Election ballot, an initiative petition must be signed by 880,062 voters, or 8% of the votes cast in the last presidential election.
Convention-Referred
According to Section 4 of Article XI of the Florida Constitution, a constitutional convention can be called through an initiative petition. Proponents must collect signatures equal to 15% of the total number of votes cast in the last presidential election. The Constitution Revision Commission (CRC) is a 37-member commission that convenes every 20 years, receiving proposals from the public and hearing about issues that matter to Floridians across the state. The CRC was established in 1968 to increase public participation in governance. CRC members are appointed by the governor, legislative leaders, and the Florida Supreme Court. The attorney general also serves on the CRC. CRC proposals are put directly on the ballot for a public vote and require 60% approval to pass.
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Commission referrals from the Constitution Revision Commission
The Constitution Revision Commission (CRC) is a 37-member commission that has the power to review and propose changes to the Florida Constitution and refer constitutional amendments to voters. The CRC is convened every 20 years, with its first meeting taking place in 1968. The CRC receives proposals from the public and hears about issues that matter to Floridians across the state. The commission is composed of members appointed by the governor (15 members), legislative leaders (18), and the Florida Supreme Court (3), with the attorney general also serving on the CRC.
For a proposed amendment to be referred to the ballot, at least 22 of the 37 commissioners (59.5%) need to vote in favour of it. Commissioners are required to be present for votes unless a written note of absence is provided, and they are prohibited from voting on issues that would result in special gains or losses for themselves, a relative, or a business associate. The CRC of 2017-2018 referred eight measures to the ballot for the election on November 6, 2018. One was removed, and the other seven were approved by voters.
The CRC process has led to significant changes in the Florida Constitution, including the right to privacy, accessible polling places, safe and high-quality public schools, public campaign financing, ethics reform, and a ban on offshore drilling. However, the 2017-2018 CRC faced criticism for engaging in "bundling", or combining unrelated issues into a single ballot measure, which can confuse voters and force them to vote yes or no on multiple issues bundled together. Despite this, the CRC remains an important pathway for Floridians to amend their constitution, and attempts to abolish it have failed.
To address the issues from the 2017-2018 CRC, reforms have been suggested, including requiring single-issue ballot measures and improving the appointment process to ensure the commission is bipartisan and has balanced influence from the governor, legislature, and supreme court.
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Legislative joint resolution
The Florida Constitution can be amended through a legislative joint resolution, which is one of three ways to make changes to the constitution. The other two methods are an initiative petition or a proposal from the Constitution Revision Commission or the Taxation and Budget Reform Commission.
The legislative joint resolution process involves both houses of the state legislature, with the potential for a joint resolution to be amended in the second house after passage in the first. This means that a proposed amendment can be modified as it moves through the legislative process, requiring careful consideration and negotiation between the houses.
To illustrate, the 1968 revision of the Florida Constitution was proposed through three joint resolutions: the House Joint Resolution 1-2X, the Senate Joint Resolution 4-2X, and the Senate Joint Resolution 5-2X. These resolutions were adopted during a special session held from June 24 to July 3, 1968, and subsequently ratified by the voters on November 5, 1968.
The House Joint Resolution 1-2X encompassed the majority of the revised constitution, excluding Articles V, VI, and VIII. The Senate Joint Resolution 4-2X proposed Article VI, pertaining to suffrage and elections, while the Senate Joint Resolution 5-2X introduced a new Article VIII, concerning local government. Notably, Article V, relating to the judiciary, was retained from the 1885 Constitution with amendments.
It is important to note that any proposed amendment to the Florida Constitution, regardless of the method of proposal, requires at least 60% voter approval to pass, as outlined in the Florida Constitution, Article XI, Section 5(e). This democratic process ensures that any changes to the state's foundational document reflect the will of the people of Florida.
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Initiative petition
The Florida Constitution can be amended through three methods: a legislative joint resolution, an initiative petition, or a proposal from the Constitution Revision Commission or the Taxation and Budget Reform Commission. This answer will focus on the initiative petition process.
The initiative petition process for amending the Florida Constitution starts with a registered political committee, which acts as the petition sponsor. It's important to note that the petition sponsor can only sponsor one initiative petition per election cycle. To get a proposed initiative on the ballot, petitions must be signed by a minimum number of registered Florida voters. The specific number of signatures required varies and is based on the number of votes cast in the previous presidential election. For example, for placement on the 2026 General Election ballot, an initiative petition must be signed by 880,062 voters.
The initiative petition process allows citizens to have a direct say in amending the Florida Constitution. It empowers registered political committees to propose amendments that are important to Floridians and ensures that these proposed changes are put to a vote. This process contributes to direct democracy and citizen engagement in the state's governance.
In recent years, there have been concerns about the increasing difficulty and expense of the citizen initiative process for amending the Florida Constitution. These challenges highlight the importance of maintaining and improving pathways for citizen participation in the amendment process, such as the initiative petition process.
The initiative petition process for amending the Florida Constitution is a vital mechanism for citizen engagement and direct democracy. By requiring a significant number of signatures from registered voters, it ensures that proposed amendments have a broad base of support before being placed on the ballot for a vote. This process underscores Florida's commitment to involving its citizens in shaping the state's constitution and governance.
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Taxation and Budget Reform Commission
The Taxation and Budget Reform Commission (TBRC) is one of two commissions in Florida that have the power to propose amendments to the state's constitution. The other is the Constitution Revision Commission (CRC). The TBRC is unique to Florida and meets every 20 years, beginning in 2007. It is empowered to refer constitutional amendments related to taxation and the state budget directly to the ballot.
The TBRC is part of a five-mechanism process for amending the Florida Constitution. The other four mechanisms are:
- Citizen-initiated process
- Legislative process
- State constitutional convention process
- Commission-referral process
The CRC, on the other hand, convenes every 20 years, beginning in 1977. It is composed of 37 members who are appointed by the governor, legislative leaders, and the Florida Supreme Court. The attorney general also serves on the CRC. The CRC receives proposals from the public and hears about issues that matter to Floridians across the state. Its proposals are put directly on the ballot for a public vote and require 60% approval to pass.
The CRC was established in 1968 to increase public participation in governance. Changes to the Florida Constitution that have arisen directly or indirectly through the CRC process include the right to privacy, accessible polling places, safe and high-quality public schools, public campaign financing, and ethics reform.
In 2022, Floridians voted against Amendment 2, which proposed abolishing the CRC. The measure failed to reach the required 60% threshold.
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