The modern Florida Constitution was adopted in 1968.
But it’s still being written.
Floridians have voted to modify the state’s governing charter in almost every election cycle since then.
In this year’s legislative session, lawmakers are trying to put even more constitutional amendments on the ballot. They’re simultaneously trying to make it harder for citizens to do the same.
Floridians can expect plenty of headlines about this throughout the year.
Though distinct processes, the legislative and citizens’ initiative methods can both achieve the same big result: a new law of the land.
Here is what’s important to know.
Citizens' initiative process
In recent years, Floridians have approved a number of widely wanted changes that state leaders either disliked or ignored. These were put on the ballot by citizens:
And in 2026, voters may see a slew of new proposed constitutional amendments on the ballot.
That includes one that would bring recreational marijuana to the state – a 2024 measure doing that fell short of approval.
Another would provide constitutional protections for those with home insurance, and a different proposal would expand Medicaid coverage.
But to actually appear on the 2026 ballot, they would have to make it through the state’s citizens’ initiative process.
That’s not an easy task, especially following years of lawmakers making it more burdensome and expensive.
To qualify a measure for the ballot, it must get nearly 900,000 Floridian signatures.
It then goes to the Florida Supreme Court for review. Justices must decide if a proposed amendment’s language adheres to a single subject and isn’t misleading.
That’s proven to be a challenge for some groups pushing citizens' initiatives. A duo of recreational marijuana measures got nixed in 2021, for example. The year before, the Supreme Court rejected another targeting assault weapons.
But the court did approve two high profile amendments in 2024 that would’ve expanded marijuana and abortion access. That drew criticism from Gov. Ron DeSantis, even though he appointed most of the justices.
Using state dollars and political committees, the governor launched a fierce campaign against those amendments.
They ultimately fell percentage points short of passage.
The 60% approval threshold required of constitutional amendments presents another challenge. Most states only require a simple majority.
That once was the case in Florida, but voters in 2006 approved a legislatively placed amendment that raised it. (Ironically, the “yes” vote didn’t reach 60%.)
Something to watch:
Following the 2024 ballot measure battle, Republican lawmakers, citing fraud concerns, are considering more changes to the petition process — changes that many Democrats and voting rights advocates say would make it significantly harder.
One proposal, though, would ban the use of public funds to advocate for or against a ballot measure.
Legislature's amendment process
As Florida lawmakers contemplate making the amendment-placing process tougher for citizens, they’re also eyeing their own 2026 ballot measures.
For them to get something on the ballot, proposed measures must pass the Senate and House by a three-fifths vote.
Since Republicans have the legislative supermajority, any measure the party at large wants to put on the ballot has a good chance of getting there.
The governor cannot veto it, and there’s no mandatory state Supreme Court review. Voters still have to approve it with at least 60% approval.
But, measures that would create new taxes and fees or increase existing ones must be approved by two-thirds of lawmakers before going to voters.
Lawmakers have filed a multitude of proposed amendments for the 2025 legislative session.
Some of the ones already moving through the Capitol would set term limits on county commissioners and school board members, eliminate the “lieutenant governor” position and create a “Commissioner of Government Efficiency,” and prevent increased property taxes when improvements are made to prevent flood damage.
Other amendment methods
It’s not just citizens and the Legislature that can suggest constitutional changes.
A 37-member “Florida Constitution Revision Commission” convenes every two decades to make proposals. It’s made up of the Florida attorney general and appointees from the governor, legislative leadership and the state Supreme Court’s chief justice.
This won’t happen again until 2037.
Sooner to come a “Florida Taxation and Budget Reform Commission” is supposed to convene in 2027. The last time it did so was also the first time: 2007. Meant to make tax and budget proposals, it was created through constitutional amendments.
Amendments that would raise or create new taxes and fees would have to be approved by at least two-thirds of Florida voters.
If you have any questions about the legislative session, you can ask the Your Florida team by clicking here.
This story was produced by WUSF as part of a statewide journalism initiative funded by the Corporation for Public Broadcasting.
