Omar Bennett
The Florida Constitution outlines the processes by which the constitution can be amended, including legislative proposal, citizen initiative, constitutional convention, and the Taxation and Budget Reform Commission. The Constitution Revision Commission (CRC) also provides an avenue for citizens to propose amendments to the constitution. The CRC is a 37-member commission that convenes every 20 years to receive proposals and hear issues that are important to Floridians. The Florida Constitution has had six constitutions since 1845, with the current version being adopted in 1968.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 6 |
| Year of Current Constitution | 1968 |
| Previous Constitutions | 1812, 1838, 1861, 1868, 1885 |
| Amendment Methods | Legislative, Citizen-Initiated, Convention-Referred, Commission-Referral |
| Commission Referral Bodies | Constitution Revision Commission, Taxation and Budget Reform Commission |
| Citizen-Initiated Amendment Signature Requirement | 8% of votes in the last presidential election |
| Legislative Amendment Requirement | 60% vote during one legislative session |
| Constitutional Convention Requirement | 15% of votes in the last presidential election |
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What You'll Learn
Legislative proposal
The Florida Constitution provides for amendments to 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. The legislative proposal method involves a 60% vote during one legislative session for the Florida State Legislature to place a constitutional 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, assuming no vacancies. Amendments on the ballot must be approved by 60% of voters to pass and do not require the governor's signature.
The Constitution Revision Commission (CRC) is a 37-member commission that convenes every 20 years, beginning in 1977, with the next meeting scheduled for 2037. The CRC provides an important pathway for the people of Florida to amend their constitution, receiving proposals from the public and hearing about issues that matter to Floridians across the state. While the citizen initiative process has become more difficult and expensive due to recent legislative measures, the CRC has been criticised for its lack of reform and the potential for it to diminish direct democracy and citizen voice in state governance.
The Florida Constitution has been amended several times since its adoption in 1968 to adapt to the evolving needs and values of its populace. The 1968 constitution modernised the state government, reflecting the civil rights movements and shifting demographics of the time. It streamlined the process for amendments, making it more accessible for citizens to propose changes. The Constitution is organised into twelve articles, each addressing different aspects of state governance and individual rights, including the right to privacy, freedom of speech, religion, assembly, and the right to bear arms.
The legislative proposal method for amending the Florida Constitution allows for changes to be made through a joint resolution agreed to by three-fifths of the members of each house of the legislature. This process ensures that amendments are carefully considered and approved by a significant majority in the legislative body before being presented to the voters for final approval.
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Citizen initiative
The Florida Constitution provides five mechanisms for amending the state's constitution, one of which is the citizen-initiated process. Citizens of Florida may initiate constitutional amendments or call a constitutional convention via initiative. This is also referred to as an initiative petition or a citizen-initiated ballot measure.
The initiative petition process starts with a registered political committee, which acts 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. For placement on the 2026 General Election ballot, an initiative petition must be signed by 880,062 voters.
In addition, Florida requires a 60% supermajority vote for voters to approve constitutional amendments. This amounts to a minimum of 72 votes in the Florida House of Representatives and 24 votes in the Florida State Senate.
There are no restrictions on the subject matter of initiated measures in Florida. However, no amendment approved from 1994 onwards may impose a new tax or fee without a 2/3 supermajority approval. Furthermore, Florida voters approved a measure—Amendment 3—in 2018 that made voter approval through a citizen initiative the only method to authorize new casino gaming.
Florida is one of 18 states that allow citizens to initiate constitutional amendments. To place a constitutional amendment on the ballot, proponents must collect signatures equal to 8% of the total number of votes cast in the last presidential election. This is equal to around 880,000 signatures. To place a call for a constitutional convention on the ballot, proponents must collect signatures equal to 15% of the total.
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Constitutional convention
The Florida Constitution has been amended several times since its original ratification in 1845, with the current version being adopted in 1968. The state offers five mechanisms for amendments: citizen-initiated, legislative, constitutional convention, and commission referrals from the Constitution Revision Commission and the Taxation and Budget Reform Commission.
A constitutional convention, as outlined in Article XI of the Florida Constitution, can be called through an initiative petition. Proponents of the convention must collect signatures equal to 15% of the total votes cast in the last presidential election. This process is separate from the citizen-initiated amendment process, which requires signatures from 8% of voters in at least half of the state's congressional districts.
The constitutional convention process is one of the unique features of Florida's amendment procedures. The convention method is a significant way to propose changes to the state's fundamental document, which outlines governance, powers, individual rights, and other critical matters. The convention mechanism empowers citizens to directly engage in the amendment process and shape the state's future direction.
Historically, conventions have played a pivotal role in shaping Florida's Constitution. In 1868, during the Reconstruction era, a convention was held in Tallahassee to draft a new constitution after Florida came under the military authority of the federal government. This convention, with a diverse group of delegates, including former slaves, was a crucial step towards civilian control of the state and ensuring compliance with federal amendments.
The Florida Constitution also establishes the Taxation and Budget Reform Commission, which meets every 20 years to refer amendments related to taxation and the state budget. This commission, with its diverse membership, provides another avenue for constitutional amendments outside the regular legislative process, ensuring that the state's fiscal matters are addressed periodically.
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Commission referrals
The Florida Constitution provides for amendments to be made through commission referrals from the Constitution Revision Commission (CRC) and the Taxation and Budget Reform Commission. The CRC is a 37-member commission that meets every 20 years to receive proposals from the public and propose changes to the Florida Constitution. The CRC has been an important pathway for the people of Florida to amend their constitution, although there have been calls for reform to address issues with the commission.
The Constitution Revision Commission and Taxation and Budget Reform Commission are the only two commissions in Florida with the power to refer constitutional amendments to the ballot. The Taxation and Budget Reform Commission specifically addresses issues related to taxation and the state budget. The CRC has convened three times, in 1977-78, 1997-98, and 2017-18, with the next meeting scheduled for 2037. While the CRC has been an important avenue for citizen input, recent legislative measures have made the citizen initiative process more difficult and expensive.
The Constitution Revision Commission was established in 1968 to modernize the Florida Constitution, which had been challenging for a long period. The CRC's proposals did not initially pass in 1977-78, but several were later approved by voters. In 1997-98, eight of the nine CRC proposals were passed by voters. The 2017-18 CRC placed eight measures on the ballot, seven of which passed. Despite some issues, the CRC provides an important pathway for Floridians to amend their constitution, and abolishing it would further diminish direct democracy and citizen voice in state governance.
Reforms to the CRC could include requiring single-issue ballot measures and improving the appointment process to ensure a bipartisan commission with balanced influence from the executive, legislative, and judicial branches of government. While the CRC has faced challenges, it remains a valuable mechanism for Floridians to propose amendments and revisions to their constitution, which must then be approved by voters in a general election. The CRC provides a check on the legislature and ensures that the voices of Florida's citizens are heard in the amendment process.
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Revision Commission
The Florida Constitution Revision Commission (CRC) is a 37-member commission that reviews and proposes changes to the Florida Constitution. It is composed of 37 Commissioners, with 15 appointed by the Governor of Florida, nine by the President of the Florida Senate, nine by the Speaker of the House of Representatives, and three by the Chief Justice of the Florida Supreme Court. The Attorney General of Florida is a standing member of the CRC, and the Governor designates the Chair.
The CRC is unique to Florida and meets approximately once every 20 years to examine the state constitution and propose changes for voter consideration. The CRC holds public hearings to gather ideas and feedback from Floridians and considers proposed constitutional amendments submitted by the public. It sets its own rules and procedures beyond what is required in Section 2 of Article XI of the Florida Constitution, which outlines the amendment process.
The CRC has significant power over Florida's Constitution, impacting various topics such as gambling, education, redistricting, and the courts. The proposals approved by the CRC are placed directly on the General Election ballot for a public vote, and a 60% supermajority vote is required for constitutional amendments to pass.
The CRC of 2017-2018 was the third convening of the commission, following the enactment of the constitution of 1968. On April 16, 2018, the CRC referred eight constitutional amendments to the 2018 ballot, with seven ultimately being approved by voters.
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Frequently asked questions
The amendment process is outlined in Article XI of the Florida Constitution.
The CRC meets every 20 years, with the next meeting scheduled for 2037.
The number of signatures required is equal to 8% of the votes cast in the last presidential election across at least half (14) of the state's 27 congressional districts.
A constitutional amendment requires at least 60% approval from voters to pass.
