What are the more ways to amend the Constitution of the Florida Constitution?

Florida’s constitutional history is unique. In less than two centuries, Florida has had six different constitutions. Our current constitution, ratified in 1968, has been amended 144 times—most recently in 2020.

Florida also boasts the greatest number of ways to amend its constitution out of any other state. There are five ways to get a proposed amendment on the statewide ballot: (1) joint resolution by the Florida Legislature; (2) Florida Constitution Revision Commission; (3) Citizens’ Initiative; (4) Constitutional Convention; and (5) Florida Taxation and Budget Reform Commission.

Fortunately, proposed amendments are required to be clear and straightforward. For the 2022 election cycle, there are just three amendments on the ballot for consideration, all of which are joint resolutions from the Florida Legislature. Per constitutional requirements, each of the proposed amendments concern a single subject.

It is our pleasure to provide this 2022 Amendment Guide. We hope it is of value to Florida voters as they evaluate each of the three constitutional amendments that will be presented to them on their ballot. Each amendment is unique and should be considered seriously. Repealing any amendment that has passed would require a new ballot initiative garnering 60 percent of the vote in a subsequent election.

As always, the mission of The James Madison Institute is to inform citizens so that, together, we may chart the course of making Florida an even more prosperous state. It is in that context that we offer this analysis.

Introduction:

Culminating on election day, November 8, 2022, more than 10 million Floridians will cast their votes. In addition to electing a governor, a lieutenant governor, 28 members of Congress, 120 members of the State House and 40 of the 40-member Florida Senate, the ballot tasks Floridians with voting on three proposed constitutional amendments. Constitutional initiatives play a pivotal role in the governance of the State, and thus warrant careful consideration.

For this election, the three proposed constitutional amendments on the November ballot all originate from one source: the Florida Legislature. Regardless of how a measure makes it to the ballot, all amendments require a 60 percent voting majority to pass. Additionally, each source establishes different hurdles before an amendment can reach the ballot. For a legislatively referred proposed amendment, 60 percent 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.

As voters and engaged citizens of Florida, it is our civic duty to responsibly educate ourselves on important changes to the Florida Constitution. On the pages that follow, readers can find an analysis of each ballot initiative. 

Type Title Subject Description
Legislatively-Referred Amendment 1 Taxes Prohibits flood resistance improvements to a home from being considered when determining the property’s assessed value for property taxes
Legislatively-Referred Amendment 2 Direct Democracy Abolishing the Constitution Revision Commission
Legislatively-Referred Amendment 3 Taxes  Providing additional Homestead Property Tax exemption for certain public service workers

The Florida Constitution is the fundamental governing document of the state of Florida.

Features

The Florida Constitution establishes and describes the duties, powers, structure and function of the government of Florida and establishes the basic law of the state. It includes twelve articles.[1]

Background

Preamble

See also: Preamble, Florida Constitution and Preambles to state constitutions

The Preamble to the Florida Constitution states:

We, the people of the State of Florida, being grateful to Almighty God for our constitutional liberty, in order to secure its benefits, perfect our government, insure domestic tranquility, maintain public order, and guarantee equal civil and political rights to all, do ordain and establish this constitution.[1]

Article I: "Declaration of Rights"

See also: Article I, Florida Constitution

The Florida Constitution begins with a Declaration of Rights, which is similar to the U.S. Bill of Rights. The Florida Declaration of Rights, however, is much longer than the federal version, as it has 27 sections including sections that guarantee trial by jury, due process, freedom of the press and of religion, and forbids the passage of ex post facto laws and cruel and unusual punishment.[1]

Click here to read this article of the Florida Constitution.

Article II: "General Provisions"

See also: Article II, Florida Constitution

Article II sets up the state's boundaries and provides for executive, legislative and judicial branches of government.[1]

Click here to read this article of the Florida Constitution.

Article III: "Legislature"

See also: Article III, Florida Constitution

Article III establishes the Florida State Legislature as a bicameral body. The upper house is not to have more than 40 members elected to four year terms, and the lower house is not to have more than 120 members elected to two year terms.[1]

Click here to read this article of the Florida Constitution.

Article IV: "Executive"

See also: Article IV, Florida Constitution

Article IV governs the election of the governor and lieutenant governor, as well as the cabinet. It specifies that the cabinet must consist of an Attorney General, a Chief Financial Officer and a Commissioner of Agriculture, all of whom must be elected rather than appointed.[1]

Click here to read this article of the Florida Constitution.

Article V: "Judiciary"

See also: Article V, Florida Constitution

Article V establishes the appointment and jurisdiction of the Florida Supreme Court and the Florida District Courts of Appeal, as well as circuit and county courts.[1]

Click here to read this article of the Florida Constitution.

Article VI: "Suffrage and Elections"

See also: Article VI, Florida Constitution

Article VI addresses election regulations and requirements of voters.[1]

Click here to read this article of the Florida Constitution.

Article VII: "Finance and Taxation"

See also: Article VII, Florida Constitution

Article VII establishes tax rules and regulations.[1]

Click here to read this article of the Florida Constitution.

Article VIII: "Local Government"

See also: Article VIII, Florida Constitution

Article VIII establishes local governments, from counties to municipalities and the transfer of powers.[1]

Click here to read this article of the Florida Constitution.

Article IX: "Education"

See also: Article IX, Florida Constitution

Article VIII sets up the system of public education, pre-school through college, in the state, the State Board of Education and the election of its members and the state school fund.[1]

Click here to read this article of the Florida Constitution.

Article X: "Miscellaneous"

See also: Article X, Florida Constitution

Article X has various provisions, including for a militia, vacancies in offices, the lottery and minimum wage.[1]

Click here to read this article of the Florida Constitution.

Article XI: "Amendments"

See also: Article XI, Florida Constitution

Article XI establishes the process to amend the Florida Constitution.[1]

Click here to read this article of the Florida Constitution.

Article XII: "Schedule"

See also: Article XII, Florida Constitution

Article XII set up the transition between the 1885 and 1968 Constitutions.[1]

Click here to read this article of the Florida Constitution.

Amending the constitution

See also: Amending state constitutions

What are the more ways to amend the Constitution of the Florida Constitution?

There are more ways to put proposed amendments to the state constitution before voters in Florida than in any other state. For any proposed amendment to take effect, at least 60 percent of statewide voters casting a vote on the proposal must vote "yes." Article XI specifies the following different methods for putting an amendment to a vote of the people:

  • To place a constitutional amendment on the ballot, proponents must collect signatures equal to 8 percent of the total number of votes cast in the last presidential election in Florida.
  • Section 4 grants the people the right to put a question on the ballot as to whether a convention shall be called. The question asked is, "Shall a constitutional convention be held?"
  • To place a call for a constitutional convention on the ballot, proponents must collect signatures equal to 15 percent of the total number of votes cast in the last presidential election in Florida.

History

Florida went through six constitutions before the current version was ratified by voters at the November general election in 1968.[1][4]

1812 Patriot Constitution

In March 1812, Spanish East Florida was invaded by settlers from Georgia known as the Patriot Army. The group had support from the United States government to try to convince the inhabitants of the area to declare independence from Spain so that the United States might claim them as a territory. By early 2013, the federal government retracted their support, and the Patriot Army abandoned their cause.[4] The 1812 Patriot Constitution can be viewed here.

The 1838 Florida Constitution

The 1838 Constitution was written so that Florida would be recognized as a state. The constitutional convention to establish this document began on December 3, 1838. The final version of this document can be viewed here.

Ordinance of secession, 1861

In order to secede from the United States, Florida had to change its constitution. A copy of the revised constitution was adopted on January 10, 1861.[4]

The 1865 Florida Constitution

In order to re-enter the United States, Florida had to construct a new constitution. The first adopted version did not meet Congress' requirements and was rejected, with Congress placing Florida under Radical Reconstruction, or military rule until 1868.[5]

The 1868 Florida Constitution

The 1868 Constitution returned control of the state to civilians.[4]

The 1885 Florida Constitution

Florida's 1885 Constitution reversed some aspects of the 1868 Constitution and established the set up of the state government that continued until 1968.[4]

What are the more ways to amend the Constitution of the Florida Constitution?

What are the more ways to amend the Constitution of the Florida Constitution?

Suggest a link

  1. ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 Florida State Senate, "Florida Constitution," accessed March 26, 2014
  2. The Florida Constitutional Amendments Project, "Florida's Constitution," accessed April 3, 2015
  3. This number is based on the number of approved constitutional amendments to the Florida 1968 Constitution. A list of these amendments can be found here.
  4. ↑ 4.0 4.1 4.2 4.3 4.4 Florida Memory, "Florida's Early Constitutions"," accessed June4, 2014
  5. Florida State Archives, "Constitution of 1865," accessed April 16, 2021