Omar Bennett
Florida has some of the toughest requirements in the nation for passing constitutional amendments. Amendments must receive at least 60% of the vote to pass, a threshold that was approved by Florida voters in 2006. This requirement has been criticized by some as being too high and undemocratic. Despite the majority of Florida voters approving amendments to legalize recreational marijuana and protect abortion rights, these amendments failed to pass due to not meeting the 60% threshold. Some Florida lawmakers have even proposed stricter requirements, with bills requiring a two-thirds majority, or 66.67%, for an amendment to pass. The process for proposing and passing constitutional amendments in Florida is complex and involves various steps, including legislative resolutions, initiative petitions, and voter approval.
| Characteristics | Values |
|---|---|
| Percentage of votes required to pass an amendment | 60% |
| Minimum number of votes in the Florida House of Representatives | 72 |
| Minimum number of votes in the Florida State Senate | 24 |
| Previous percentage of votes required to pass an amendment | 50% |
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What You'll Learn
- Florida constitutional amendments require 60% voter approval to pass
- Amendments don't need the governor's signature to be referred to the ballot
- The 60% threshold was set by a 2006 state constitutional amendment
- Some lawmakers want a two-thirds majority (66.67%) for amendments to pass
- Amendments can be proposed by a legislative joint resolution or initiative petition
Florida constitutional amendments require 60% voter approval to pass
Florida has some of the toughest requirements in the nation for passing constitutional amendments. Indeed, Florida constitutional amendments require 60% voter approval to pass. This is a relatively recent development, as the state used to require a simple majority of 50% for an amendment to pass.
The change was implemented in 2006, when an amendment raised the threshold for voter approval to 60%. Interestingly, this amendment itself only passed with 57.78% of the vote. The reason for the change was that some Florida lawmakers and large business groups believed it was too easy to change the state's constitution. They argued that a higher threshold would protect the constitution from special interests with the financial resources to push through amendments.
The 60% requirement has been criticised for being undemocratic, as it means that amendments can fail to pass even when the majority of voters approve of them. This was the case with Amendments 3 and 4, which legalised recreational marijuana and protected abortion rights, respectively. Both amendments received majority support, with 55.89% and 57.14% of voters approving, but they failed to reach the required 60% threshold.
To place a constitutional amendment on the ballot in Florida, a 60% vote is required during one legislative session. This amounts to a minimum of 72 votes in the Florida House of Representatives and 24 votes in the Florida State Senate. Amendments do not require the governor's signature to be referred to the ballot.
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Amendments don't need the governor's signature to be referred to the ballot
In the state of Florida, proposed amendments to the constitution require at least 60% approval from voters to pass. This requirement is outlined in Article XI, Section 5(e) of the Florida Constitution. This 60% threshold is one of the toughest in the nation and has been criticized by some as being undemocratic.
To understand how this process works, it is important to distinguish between the stages of proposing and passing an amendment. Firstly, an amendment can be proposed by a legislative joint resolution, an initiative petition, or a proposal from the Constitution Revision Commission or the Taxation and Budget Reform Commission. Once an amendment is proposed, it must then pass through the Florida State Legislature, where it requires a 60% vote during one legislative session to be placed on the ballot. This amounts to a minimum of 72 votes in the Florida House of Representatives and 24 votes in the Florida State Senate. Notably, amendments do not require the governor's signature at this stage to be referred to the ballot.
The requirement for a 60% vote during the legislative session is a relatively recent development. Prior to 2006, Florida, like most other states, only required a simple majority of 50% for an amendment to be placed on the ballot. However, critics argued that this made it too easy to change the state's constitution. As a result, an amendment was passed in 2006, raising the threshold for voter approval to 60%. Interestingly, this particular amendment received only 57.78% of the vote, falling short of the higher standard it imposed.
Once an amendment has successfully passed through the legislature and been placed on the ballot, it must then receive approval from 60% of voters in order to officially become a part of the Florida Constitution. This high threshold has proven challenging to meet, as evidenced by the failure of Amendments 3 and 4, which both received majority support but fell short of the required 60%.
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The 60% threshold was set by a 2006 state constitutional amendment
Florida has some of the toughest requirements in the nation for passing constitutional amendments. Amendments must receive at least 60% approval from voters to pass. This threshold was set by a 2006 state constitutional amendment.
Prior to 2006, Florida, like most other states, required only a simple majority (50%) for a constitutional amendment to pass. However, some Florida lawmakers and large business groups argued that this made it too easy to change the state's constitution. They pushed for a higher threshold, and in 2005, the Legislature voted on a resolution to place the measure on the ballot. The amendment raising the threshold to 60% passed with 57.78% of the vote in 2006.
The 60% threshold has been criticised for being undemocratic and making it difficult to pass amendments, even those with strong public support. For example, in 2024, Amendment 3 (recreational marijuana) and Amendment 4 (abortion rights) both received majority support from voters, but failed to pass due to not meeting the 60% threshold. This has led some lawmakers to propose even stricter requirements, such as a two-thirds majority (66.67%) for an amendment to pass.
Despite the criticisms, supporters of the 60% threshold argue that it is necessary to protect the state's constitution from special interests and ensure that only well-considered amendments are passed. This higher standard makes it more challenging for any single interest group to dominate the process and requires broader consensus for constitutional changes.
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Some lawmakers want a two-thirds majority (66.67%) for amendments to pass
In recent years, some Florida lawmakers have pushed for stricter requirements for passing constitutional amendments. While the current threshold for an amendment to pass in Florida is 60%, some lawmakers want to increase this to a two-thirds majority, or 66.67%. This proposed change reflects a desire to protect the state's constitution and prevent special interests from easily influencing it.
The push for stricter requirements is not new. In 2006, Florida voters approved an amendment raising the threshold for voter approval from 50% to 60%. This amendment was a response to concerns that the state's constitution was too easily changed. The 2006 amendment itself ironically passed with just 57.78% of the vote, highlighting the challenges of implementing such requirements.
Despite the support for stricter requirements, some critics argue that a 60% threshold is already too high and makes it challenging for amendments to become law, even with strong voter support. For example, in 2024, Amendments 3 and 4 on recreational marijuana and abortion rights, respectively, received majority support but failed to pass due to the 60% threshold.
The proposal for a two-thirds majority has been advocated by lawmakers such as Sen. Joe Gruters (R-Sarasota) and Rep. Rick Roth (R-West Palm Beach). Roth, in a statement to The Florida Bar in 2023, emphasized the importance of holding the constitution sacred to protect Americans' freedoms. However, these stricter bills have not gained significant traction and have died in committees.
While the current 60% threshold remains in place, the ongoing debate highlights the differing perspectives on how best to protect Florida's constitution and balance the interests of the state's citizens.
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Amendments can be proposed by a legislative joint resolution or initiative petition
In the state of Florida, proposed amendments to the constitution can be made via a legislative joint resolution, an initiative petition, or a proposal from the Constitution Revision Commission or the Taxation and Budget Reform Commission. To pass, an amendment must receive at least 60% approval from voters, which amounts to a minimum of 72 votes in the Florida House of Representatives and 24 votes in the Florida State Senate. This 60% threshold was introduced by a constitutional amendment passed in 2006, which received 57.78% of the vote.
Initiative petitions are started by a registered political committee, who acts as the petition sponsor. Only one initiative petition per election cycle can be sponsored. To be placed on the ballot for the 2026 General Election, an initiative petition must be signed by 880,062 voters. From July 1, 2025, petition circulators must take and pass an online training program before registering with the State. Once registered, they can circulate petitions for more than one petition sponsor.
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Frequently asked questions
Florida constitutional amendments need to secure 60% of the votes to pass.
No, before 2006, Florida only required a simple 50% majority for a ballot measure to pass.
The voters of Florida. The 60% threshold was approved by voters in 2006.
Amendments 3 and 4, which pertained to recreational marijuana and abortion rights, respectively, received majority support but failed to pass due to not meeting the 60% threshold.
Yes, in recent years, some Florida lawmakers have proposed stricter bills to require a two-thirds majority (approximately 66.67%) for an amendment to pass. However, these bills have not gained significant traction.
