Florida Amendments: When Do They Become Law?

when do the florida amendments to the constitution become law

The Florida Constitution has been amended 146 times and has had six state constitutions. The current constitution, proposed in 1968, has been amended several times since its ratification, with voters most recently approving two new amendments on November 5, 2024. Amendments to the Florida Constitution can be proposed through various mechanisms, including legislative, citizen-initiated, or convention-referred processes, as well as through commission referrals from the Constitution Revision Commission and the Taxation and Budget Reform Commission. For an amendment to become law, it must gain approval from at least 60% of voters in a referendum, unless it involves new state taxes or fees, in which case two-thirds approval is required.

Characteristics Values
Number of state constitutions 6
Number of amendments to the current constitution 146
Number of articles in the current constitution 12
Last date when voters approved amendments November 5, 2024
Minimum approval required for an amendment to pass 60%
Minimum approval required for amendments involving new state taxes or fees Two-thirds
Minimum approval required for a special election date on any amendment Three-fourths
Minimum signatures required for an initiative petition 8% of votes cast in the last presidential election
Minimum signatures required for a constitutional convention 15% of votes cast in the last presidential election
Year of the current constitution 1968

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Florida's constitution amendment methods

Florida has had six state constitutions, with the current one being ratified in 1968 and amended 144 or 146 times since. Florida also has the greatest number of ways to amend its constitution of any other state. 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.

The Florida Constitution Revision Commission and the Florida Taxation and Budget Reform Commission are the two commissions that can refer amendments to the ballot. The Taxation and Budget Reform Commission deals specifically with amendments related to taxation and the state budget. These commissions convene every 20 years, with the Constitution Revision Commission beginning in 1977 and the Taxation and Budget Reform Commission beginning in 2007. Florida is the only state with commissions empowered to refer constitutional amendments to the ballot.

The legislative process for proposing constitutional amendments is called a joint resolution. This requires 60% of both the Florida House of Representatives and the Florida Senate to agree to put the proposed amendment 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.

The citizen-initiated process is called an initiative petition. This requires a minimum number of signatures from registered Florida voters to be proposed on the ballot. The number of signatures required is equal to 8% of the votes cast in the last presidential election, which must be obtained in at least half (14) of the state's 27 congressional districts. For the 2026 General Election ballot, an initiative petition must be signed by 880,062 voters.

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Voter approval requirements

Florida has had six state constitutions, with the current one being ratified in 1968. This constitution has been amended 146 times, with the last two amendments being approved on November 5, 2024.

The Florida Constitution provides 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 constitutional amendments in Florida require voter approval.

The citizen-initiated process, also known as an initiative petition, starts with a registered political committee acting as the petition sponsor. The petition sponsor can only sponsor one initiative petition per election cycle. In addition to other requirements, getting a proposed initiative on the ballot requires petitions to be signed by a minimum number of registered Florida voters. The number of signatures required for an initiated constitutional amendment is 8% of the votes cast in the last presidential election. Proponents must obtain signatures equaling at least 8% of the district-wide vote in the most recent presidential election in at least half (14) of the state's 27 congressional districts.

The legislative process involves a legislative joint resolution. A 60% vote is required during one legislative session for the Florida State Legislature to place a constitutional amendment on the ballot. That 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 be approved by 60% of voters to pass.

The Constitution Revision Commission and the Taxation and Budget Reform Commission are the two commissions that have the power to refer amendments. The Constitution Revision Commission convenes every 20 years, beginning in 1977, while the Taxation and Budget Reform Commission convenes every 20 years beginning in 2007. Florida is the only state with commissions empowered to refer constitutional amendments to the ballot.

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The role of the Constitution Revision Commission

The Florida Constitution Revision Commission (CRC) is a 37-member commission that reviews and proposes changes to the Florida Constitution. The CRC is unique in that it provides an opportunity for citizens to have a direct voice in the periodic review and revision of the state's constitution. The commission is independent and convenes every 20 years, beginning in 1977. The next scheduled convening of the CRC is in 2037.

The CRC refers constitutional amendments directly to the ballot for a public vote. The commission must examine the constitution, hold public hearings, and refer constitutional amendments to the ballot no later than 180 days before the election. The CRC holds two sets of public hearings: the first set of hearings is to gather ideas from the public, and the second set is to obtain feedback on the proposals. After the proposals have been approved by the CRC, they are placed directly on the ballot for the general election.

The CRC has the power to refer constitutional amendments to the ballot, and it sets its own rules and procedures. The commission's decisions on topics such as gambling, education, redistricting, and the courts can significantly impact Florida's families and businesses for the next 20 years. The CRC's role is to propose revisions to the Florida Constitution that promote the state's economic, political, and social growth.

The CRC's work is not always successful. In 1978, voters rejected all eight of the proposed amendments, some by a very small margin. However, despite the commission's comprehensive and detailed review of the Constitution, many observers and constitutional scholars believe that external factors, such as Gov. Askew's fight to stop casino gambling, played a significant role in the defeat of the commission's proposed amendments.

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The legislative process

The Florida Constitution provides five mechanisms for amending the state's constitution, one of which is the legislative process. The legislative process involves a legislative joint resolution, which is one of three ways to propose amendments to the Florida Constitution. The other two methods are an initiative petition and a proposal from the Constitution Revision Commission or the Taxation and Budget Reform Commission.

A legislative joint resolution is a proposal by the Florida State Legislature to place a constitutional amendment on the ballot. This requires a minimum number of votes during one legislative session, which is 72 votes in the Florida House of Representatives and 24 votes in the Florida State Senate, assuming no vacancies. This amounts to a 60% supermajority vote, which is the requirement for voter approval of constitutional amendments in Florida.

Once an amendment is approved by the legislature, it is referred to the ballot without requiring the governor's signature. The Florida Constitution Revision Commission and the Taxation and Budget Reform Commission also have the power to refer amendments to the ballot. These commissions consist of members selected by the governor, the Speaker of the Florida House, and the Leader of the Florida Senate.

The Florida Constitution can also be amended through a constitutional convention, which can be called by a two-thirds vote of both chambers of the state legislature. If a simple majority of voters approve the question, "Shall there be a Convention to revise the Constitution and amend the same?" on a statewide ballot, then a convention will be held.

It is important to note that Florida is the only state with commissions empowered to refer constitutional amendments to the ballot. The legislative process for amending the Florida Constitution involves collaboration between the legislature, commissions, and voters, with the ultimate goal of enacting changes that reflect the will of the people.

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Citizen-initiated amendments

Florida has had six state constitutions, with the current constitution being amended 146 times. The Florida Constitution provides 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.

The citizen-initiated amendment process in Florida is a 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 acting as the petition sponsor. 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 number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast in the last presidential election. Proponents must obtain signatures equaling at least 8% of the district-wide vote in at least half (14) of the state's 27 congressional districts. There are no laws regarding whether circulators are permitted to sign the petition that they are circulating. The state does not require any circulator affidavits or any written statement from circulators that they personally witnessed any acts of signing the petition. Paid circulators must register as petition circulators with the secretary of state. Any citizen may challenge the registration of a circulator in court. Starting 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.

Florida voters approved a measure in 2018—Amendment 3—that made voter approval through a citizen initiative the only method to authorize new casino gaming.

In addition to citizen-initiated amendments, Florida also has two commissions, the Taxation and Budget Reform Commission and the Constitution Revision Commission, which meet every 20 years and have the power to place amendments on the ballot.

Frequently asked questions

The Florida Constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.

Proposed amendments to the Florida Constitution may be made by a legislative joint resolution, an initiative petition, or a proposal from the Constitution Revision Commission or the Taxation and Budget Reform Commission.

All constitutional amendments in Florida require voter approval. A 60% supermajority vote is required for voters to approve constitutional amendments.

Amendments proposed to the Florida Constitution must be approved by 60% of voters in a referendum held simultaneously with the next general election (that is, the next one at least 90 days after the amendment is filed with the custodian of state records) before they become a part of the Constitution.

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