Isabella Carter
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 2020. There are five ways to propose a constitutional amendment in Florida: a joint resolution by the Florida Legislature, the Florida Constitution Revision Commission, Citizens' Initiative, a Constitutional Convention, or the Florida Taxation and Budget Reform Commission. Proposed amendments require at least 60% approval from voters to pass. This article will explore the process of drafting constitutional amendments in Florida, including the roles of various organizations and citizens in the process.
| Characteristics | Values |
|---|---|
| Number of ways to amend the constitution | 5 |
| Number of constitutions in under two centuries | 6 |
| Number of amendments to the 1968 constitution | 144 |
| Number of amendments in 2024 | 6 |
| Minimum approval required for an amendment to pass | 60% |
| Number of signatures required for placement on the 2026 General Election ballot | 880,062 |
| Number of ways a proposed amendment can reach the ballot | 5 |
| Number of amendments supported by the ACLU of Florida in 2024 | 2 |
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What You'll Learn
Florida's constitutional history
Florida has been governed by six different constitutions since it acceded to the United States. The current Constitution of the State of Florida, which was ratified on November 5, 1968, establishes and describes the powers, duties, structure, and function of the government of the state of Florida, and establishes the basic law of the state.
The current constitution was framed by a constitutional revision commission and approved in 1968, but many of its provisions date back to the 19th century. The Constitution of 1968 consisted of certain revised articles as proposed by three joint resolutions which were adopted during the special session of June 24–July 3, 1968, and ratified by the electorate on November 5, 1968, together with one article carried forward from the Constitution of 1885, as amended. Article V, relating to the judiciary, was carried forward from the Constitution of 1885.
Florida's original state constitution was drafted by a convention of 56 prominent Floridians in the coastal town of St. Joseph in late 1838 and early 1839. The delegates drew inspiration for the document from neighbouring states, especially Alabama. The convention made numerous changes to the state constitution, altering the terms of office for many officials and deleting references to the United States.
Before 1838, only the Spanish Constitution of 1812 was briefly enacted in Florida. The so-called Republic of East Florida was short-lived and ultimately unsuccessful, but its leaders produced a constitution.
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Ways to propose amendments
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 2020. Florida also has the most ways to amend its constitution compared to any other state.
There are five ways to propose a constitutional amendment in Florida:
- Joint resolution by the Florida Legislature: This involves both the Florida House of Representatives and the Florida Senate agreeing (with a 60% majority) to put a proposed amendment on the ballot.
- Florida Constitution Revision Commission: This commission can propose amendments, which then require a 60% approval from voters to pass.
- Citizens' Initiative: Citizen-initiated amendments begin with a registered political committee acting as the petition sponsor. This sponsor can only support one initiative per election cycle. The initiative must then be signed by a minimum number of registered Florida voters to be placed on the ballot.
- Constitutional Convention: This method involves a gathering of elected representatives or delegates who propose amendments.
- Florida Taxation and Budget Reform Commission: This commission can propose amendments relating to taxation and budget reform.
It is worth noting that regardless of the method used to propose an amendment, a 60% voting majority is required for the amendment to pass.
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Hurdles to reaching the ballot
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 2020. There are five ways to propose an amendment to the statewide ballot:
- Joint resolution by the Florida Legislature
- Florida Constitution Revision Commission
- Citizens' Initiative
- Constitutional Convention
- Florida Taxation and Budget Reform Commission
Each method for proposing constitutional amendments establishes different hurdles before an amendment can reach the ballot. For instance, for a legislatively-referred proposed amendment, 60% of both the Florida House of Representatives and the Florida Senate must agree to put the proposed amendment on the ballot. This is called a joint resolution.
The initiative petition process starts with a registered political committee that acts 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. For placement on the 2026 General Election ballot, an initiative petition must be signed by 880,062 voters.
The Supervisor of Elections may increase the cost of signature verification annually on March 1. The petition sponsor must pay the Supervisor of Elections in advance before signed petitions can be verified unless an Affidavit of Undue Burden has been filed with the county.
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Voting requirements
Florida's current constitution, ratified in 1968, has been amended 144 times, most recently in 2020. There are five ways to propose a constitutional amendment in Florida:
- Joint resolution by the Florida Legislature
- Florida Constitution Revision Commission
- Citizens' Initiative
- Constitutional Convention
- Florida Taxation and Budget Reform Commission
Regardless of the method of proposal, all amendments require at least 60% approval from voters to pass. For a legislatively-referred proposed amendment, 60% of both the Florida House of Representatives and the Florida Senate must agree to put the proposed amendment on the ballot. This is called a joint resolution.
For the 2024 election cycle, there are six amendments on the ballot for consideration, all of which are joint resolutions from the Florida Legislature or citizen-initiated. On election day, November 5, 2024, more than 10 million Floridians will cast their votes. In addition to electing a U.S. President, 29 members of Congress, 120 members of the State House, and 20 of the 40-member Florida Senate, the ballot tasks Floridians with voting on six proposed constitutional amendments.
- Amendment 1 - A legislatively proposed amendment to change school board elections from nonpartisan to partisan.
- Amendment 5 - A legislatively proposed amendment to provide for an annual adjustment for inflation to the value of the homestead property tax exemption.
- Amendment 6 - A legislatively proposed amendment to repeal a constitutional provision stating that “it is the policy of this state to provide for state-wide elections in which all qualified candidates may compete effectively” and ensuring that there exists a method of public financing to accomplish this goal.
- Amendment 3 - A citizen-initiated ballot initiative that would allow adults 21 years old and older to possess, purchase, or use a limited amount of marijuana.
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Past amendments
The Florida Constitution of 1885 required voter approval for any constitutional amendments, and this system remained in place until 1968. In that year, an amendment was passed, creating a system by which citizens could place amendments on the ballot using the initiative process. The Constitution of the State of Florida was revised in 1968, consisting of certain revised articles proposed by three joint resolutions. These were adopted during a special session held between June 24 and July 3, 1968, and were ratified by the electorate on November 5, 1968. The articles proposed in the House Joint Resolution 1-2X constituted the entire revised constitution, with the exception of Articles V, VI, and VIII.
Senate Joint Resolution 4-2X proposed Article VI, relating to suffrage and elections, while Senate Joint Resolution 5-2X proposed a new Article VIII, relating to local government. Article V, concerning the judiciary, was carried forward from the Constitution of 1885, as amended.
In 2000, a ballot measure was passed requiring a high-speed rail project to be started within three years, with an estimated cost of at least $5 billion. This was repealed in 2004, after little progress was made. In 2008, Amendment 2 banning same-sex marriages was passed with 62% of the vote. A decade later, in 2018, Florida voters passed Amendment 4, which extended voting rights to most former felons who had completed their sentences. However, the implementation of this amendment was slow, and in 2022, Amendment 4 was reintroduced after Governor Ron DeSantis announced the prosecution of twenty former felons who had been misled about their eligibility to vote.
Other notable amendments include S.J.R. 135, 1987, which was adopted in 1988, and proposed by the Constitution Revision Commission, and S.J.R. 135, 1987, which was also adopted in 1988. This amendment addressed excessive punishments, forbidding excessive fines, cruel and unusual punishment, attainder, forfeiture of estate, indefinite imprisonment, and unreasonable detention of witnesses. It also affirmed the death penalty as an authorized punishment for capital crimes designated by the legislature.
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Frequently asked questions
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.
The initiative petition process starts with a registered political committee, who acts as the petition sponsor. The petition sponsor can only sponsor one initiative petition per election cycle, and petitions must be signed by a minimum number of registered Florida voters to be placed on the ballot.
All amendments require at least 60% approval from voters to pass. For a legislatively-referred proposed amendment, 60% of both the Florida House of Representatives and the Florida Senate must agree to put the proposed amendment on the ballot.
Florida's current constitution, ratified in 1968, has been amended 144 times as of 2020. Examples of amendments proposed or adopted in recent years include Amendment 3 to legalise the adult personal use of marijuana, Amendment 1 to change school board elections from non-partisan to partisan, and Amendment 6 to repeal a constitutional provision for statewide elections with all qualified candidates.
