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. Show
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.
The Florida Constitution is the fundamental governing document of the state of Florida. FeaturesThe 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] BackgroundPreambleSee also: Preamble, Florida Constitution and Preambles to state constitutionsThe Preamble to the Florida Constitution states:
Article I: "Declaration of Rights"See also: Article I, Florida ConstitutionThe 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 ConstitutionArticle 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 ConstitutionArticle 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 ConstitutionArticle 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 ConstitutionArticle 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 ConstitutionArticle 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 ConstitutionArticle 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 ConstitutionArticle 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 ConstitutionArticle 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 ConstitutionArticle 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 ConstitutionArticle 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 ConstitutionArticle XII set up the transition between the 1885 and 1968 Constitutions.[1] Click here to read this article of the Florida Constitution. Amending the constitutionSee also: Amending state constitutionsThere 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:
HistoryFlorida went through six constitutions before the current version was ratified by voters at the November general election in 1968.[1][4] 1812 Patriot ConstitutionIn 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 ConstitutionThe 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, 1861In 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 ConstitutionIn 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 ConstitutionThe 1868 Constitution returned control of the state to civilians.[4] The 1885 Florida ConstitutionFlorida's 1885 Constitution reversed some aspects of the 1868 Constitution and established the set up of the state government that continued until 1968.[4]
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