Simone Lawson
The initiative process was added to the Florida Constitution in 1968, when the state adopted a new constitution. This new constitution included a provision that allowed citizens to amend the constitution by initiative. The first use of the initiative provision was in 1976, when the Sunshine Amendment was passed, requiring public disclosure of campaign contributions.
| Characteristics | Values |
|---|---|
| Year added to the Florida Constitution | 1968 |
| First use of the initiative provision | 1976 |
| Type of ballot initiative permitted under Florida law | Initiated constitutional amendments |
| Minimum approval from voters to pass a proposed amendment | 60% |
| Minimum number of signatures required for the 2026 General Election ballot | 880,062 |
| Requirements for petition circulators from July 1, 2025 | Take and pass an online training program |
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What You'll Learn
- The initiative process was added to the Florida Constitution in 1968
- Article XI of the Florida Constitution provides authority for the initiative process
- Proposed amendments can be made by a legislative joint resolution, initiative petition, or proposal
- Petition sponsors must pay for signature verification in advance
- Florida law does not establish procedures for adjudicating conflicting measures
The initiative process was added to the Florida Constitution in 1968
To get an initiative on the ballot, a petition sponsor—a registered political committee—must collect a minimum number of signatures from registered Florida voters. The specific number of signatures required depends on the election cycle and is set by each Supervisor of Election in their respective county. Starting in July 2025, petition circulators, who must be registered with the state, will need to complete an online training program before they can begin collecting signatures. Only registered voters can sign an initiative petition.
Once an initiative is on the ballot, it must receive at least 60% of votes to pass. Florida does not restrict the subject matter of initiatives, but no amendment approved from 1994 onwards can impose a new tax or fee without a 2/3 supermajority. Amendments can only be overturned using the ordinary amendment process, which requires a 60% supermajority.
Since 1976, 38 initiated amendments have appeared on Florida's ballots, with 34 approved and eight rejected.
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Article XI of the Florida Constitution provides authority for the initiative process
The initiative process in Florida is authorized by Article XI of the state's constitution. This provision was first introduced in 1968 when Florida adopted a new state constitution, allowing citizens to amend the constitution by initiative.
The process is governed by specific laws and procedures. Proposed amendments to the Florida Constitution can be made through a legislative joint resolution, an initiative petition, or a proposal from the Constitution Revision Commission or the Taxation and Budget Reform Commission. Each proposed measure must address only one subject, except for measures related to limiting the government's power to raise revenue.
The initiative petition process is sponsored by a registered political committee, and each sponsor can only support one initiative petition per election cycle. Petition circulators, who must be registered with the state, collect the petitions. Starting July 1, 2025, these circulators must complete an online training program before registering. Only registered voters can sign an initiative petition, and for the 2026 General Election ballot, a minimum of 880,062 signatures are required.
Once an initiative is on the ballot, it requires at least 60% voter approval to pass. Florida does not restrict the subject matter of initiated measures, but amendments approved from 1994 onwards that impose new taxes or fees need a 2/3 supermajority approval. This restriction does not apply to measures that were in effect before 1994.
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Proposed amendments can be made by a legislative joint resolution, initiative petition, or proposal
The initiative process in Florida began in 1968 when the state adopted a new constitution. This constitution included a provision allowing citizens to amend the constitution by initiative. However, the initiative provision was first put to use in 1976 when voters adopted the Sunshine Amendment, which required public disclosure of campaign contributions.
Proposed amendments to the Florida Constitution can 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. Each proposed measure must address only one subject, except for measures limiting the government's power to raise revenue. Florida does not restrict the subject matter of initiated measures, but no amendment approved from 1994 onwards can impose a new tax or fee without a 2/3 supermajority approval.
The initiative petition process starts with a registered political committee acting as the petition sponsor. This sponsor can use circulators to collect petitions, and these circulators must be registered with the state. Starting July 1, 2025, petition circulators must take and pass an online training program before registering with the state. Only registered voters can sign an initiative petition, and the petition must be signed by a minimum number of registered Florida voters to be placed on the ballot. For the 2026 General Election ballot, an initiative petition must be signed by 880,062 voters.
If a joint resolution proposing a constitutional amendment contains only one ballot statement, the ballot summary cannot exceed 75 words. If there is more than one ballot statement, the first summary, in order of priority, must not exceed this word limit.
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Petition sponsors must pay for signature verification in advance
Florida's initiative process is governed by Article XI of the state's constitution, which grants citizens the authority to propose constitutional amendments directly. This process is a form of direct democracy that allows citizens to bypass the legislature and propose laws or constitutional amendments directly to the voters.
The process begins with a registered political committee acting as the petition sponsor. This sponsor must pay the Supervisor of Elections in advance for signature verification before signed petitions can be verified, unless an Affidavit of Undue Burden has been filed with the county. The supervisor must be paid either 10 cents for each signature checked or the actual cost of checking such a signature, whichever is less. The sponsor can also use circulators to collect petitions, but these circulators must be registered with the state and have completed an online training program.
Once the petitions are circulated and signed, the sponsor must submit the signed forms to the supervisor of elections for their county of residence for verification of the number of valid signatures obtained. The supervisor then has 60 days to verify the signatures after receiving the petition forms and payment of the fee for signature verification. The supervisor must also post the cost of signature verification on their website and may increase this cost on February 2 of each even-numbered year.
In addition to signature verification, Florida has other requirements for initiative petitions. For instance, each petition must address only one subject, except for measures limiting the government's power to raise revenue. Petitions must also be signed by a minimum number of registered Florida voters to be placed on the ballot. For context, an initiative petition for the 2026 General Election ballot must be signed by 880,062 voters, which amounts to 8% of the votes cast in the previous election where presidential electors were chosen.
Overall, the process of initiative petitions in Florida involves petition sponsors paying for signature verification in advance, submitting signed petitions for verification, and adhering to various legal requirements to ultimately secure a place on the ballot.
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Florida law does not establish procedures for adjudicating conflicting measures
The initiative process in Florida is provided for by Article XI of the Florida Constitution. 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.
However, Florida law does not establish procedures for adjudicating conflicting measures. This is particularly evident in the state's circuit courts, which function in both trial and appellate capacities. When conflicting opinions exist within the same circuit, there is no en banc review to resolve the conflicting precedent. Circuit courts also lack the statutory authority to certify a conflict with an appellate opinion issued within the same judicial circuit.
This has resulted in an increasing number of conflicting opinions within Florida's circuit courts, impacting the county courts' ability to efficiently adjudicate issues. While courts have suggested different methods for resolving intra-circuit conflicts, there is no standardized procedure in place.
Additionally, Florida law does not authorize circuit appellate courts to certify questions of great public importance or intra-circuit conflicts for review by the district courts of appeal or the Florida Supreme Court. This further contributes to the challenges in resolving conflicting measures within the state's legal system.
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Frequently asked questions
The initiative process was added to the Florida Constitution in 1968.
The amendment process involves proposing an amendment through a legislative joint resolution, an initiative petition, or a proposal from the Constitution Revision Commission or the Taxation and Budget Reform Commission. The amendment must then receive at least 60% approval from voters to pass.
A registered political committee can act as the petition sponsor. The sponsor can use circulators to collect petitions, and these circulators must be registered with the state.
Yes, each proposed measure must address only one subject, except for measures related to limiting the government's power to raise revenue. There are also restrictions on imposing new taxes or fees without a 2/3 supermajority approval.
Lawmakers must use the ordinary amendment process to overturn a successful ballot initiative. This involves passing a resolution with a three-fifths majority vote in each chamber, followed by a 60% supermajority for the repeal/revision amendment.
