Laws governing the initiative process in Florida

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Citizens of Florida may initiate constitutional amendments or call a constitutional convention via initiative. Florida residents may not directly initiate legislation or repeal legislation via veto referendum. The Florida State Legislature may also place measures on the ballot as legislatively referred constitutional amendments. Florida also has two commissions, the Taxation and Budget Reform Commission and the Constitution Revision Commission, which meet every 20 years and have the power to place amendments on the ballot.

Crafting an initiative

Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the allowable scope and content of initiated proposals. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates and establish guidelines for adjudicating contradictory measures.

Single-subject rule

See also: Single-subject rule

In Florida, each proposed measure must address only one subject, except measures "limiting the power of government to raise revenue."

See law: Florida Constitution, Article XI, Section 3

Subject restrictions

See also: Subject restrictions (ballot measures)

Florida does not restrict the subject matter of initiated measures. However, no amendment approved from 1994 onward may impose a new tax or fee without being approved by a 2/3 supermajority. A tax or fee is considered new if it was not in effect in 1994.

While not a restriction on the subject matter of initiatives, 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.

See law: Florida Constitution, Article XI, Section 3 and Section 7

Word count limit

If a joint resolution that proposes a constitutional amendment or revision contains only one ballot statement, the ballot summary may not exceed 75 words in length. If a joint resolution that proposes a constitutional amendment or revision contains more than one ballot statement, the first ballot summary, in order of priority, may not exceed 75 words in length.

See law: House Bill 7013

Competing initiatives

See also: Superseding initiative; "Poison pills"; List of Florida ballot measures

Florida law does not establish procedures for adjudicating conflicting measures.

See law: Florida Constitution, Article XI

Starting a petition

Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.

Applying to petition

See also: Approved for circulation

Prior to collecting signatures, potential sponsors must register as a political committee for campaign finance purposes. The group must then submit the text of their proposed amendment and a proof copy of their petition form to the secretary of state. The format for petition sheets is designated by the secretary in accordance with state statute.

See law: Florida Statutes, Title IX, Chapter 100.371, Section 2

Petition summary

See also: Starting a petition

The ballot title and summary are submitted by sponsors along with the text and petition form. These are initially reviewed by the secretary of state. The ballot title and summary appear on each petition sheet.

See law: Florida Statutes, Title IX, Chapter 101.161, Section 2

Proposal review/approval

See also: Approved for circulation

Unlike many states, Florida initiative sponsors can submit petition signatures at any time. In addition, the responsibility for counting these signatures is dispersed to the Supervisor of Elections in each county. Proposed measures are reviewed by the state attorney general and state supreme court after proponents collect 25 percent of the required signatures across the state in each of half of the state's congressional districts. After these preliminary signatures have been collected and proponents have submitted a ballot title and summary (initially approved by the secretary of state), the secretary of state must submit the proposal to the Florida attorney general. The attorney general is required to petition the Florida Supreme Court for an advisory opinion on the measure's compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure "is facially valid under the United States Constitution."

See law: Florida Statutes, Title IV, Chapter 15.21;Chapter 16.061 and Title IX, Chapter 101.161, Section 2

Fiscal review

See also: Fiscal impact statement

Proposed measures are only analysed after sponsors collect 25 percent of the required signatures across the state and 25 percent in half of the state's Congressional districts. After preliminary signatures have been collected and proponents have submitted a ballot title and summary, the secretary of state must submit the proposal to the Financial Impact Estimating Conference. The Conference, after allowing for public input, must draft a concise statement of the effect of the proposed measure on revenue and expenditures. The Conference must also draft a more detailed financial statement of the measure's predicted effects and the methods used in the analysis.

If a financial impact statement is successfully challenged in court, only the Conference is permitted to revise it. If Conference leadership fails to agree on a statement (or revisions to a statement), a notice will appear on the ballot stating, "The financial impact of this measure, if any, cannot be reasonably determined at this time."

See law: Florida Statutes, Title IX, Chapter 100.371, Section 5

Collecting signatures

Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.

Number required

See also: Florida signature requirements

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. To place a call for a constitutional convention on the ballot, proponents must collect signatures equal to 15% of that total.

The chart below shows election years and the signature requirement for initiatives designed to appear on the ballot in that year, with presidential election years bolded.

Year	Amendment	Convention
2024	891,523	1,671,728
2022	891,589	1,671,728
2020	766,200	1,436,625
2018	766,200	1,436,625
2016	683,149	1,271,127
2014	683,149	1,271,127
2012	676,811	1,267,449
2010	676,811	1,267,449
2008	611,009	1,145,642

See law: Florida Constitution, Article XI, Section 3-4

Distribution requirements

See also: Distribution requirements

Proponents must obtain signatures equaling at least 8 percent of the district-wide vote (in the most recent presidential election) in at least half (14) of the state's 27 congressional districts.

See law: Florida Constitution, Article XI, Section 3

Restrictions on circulators

Circulator requirements

See also: Petition circulator

In Florida there are no laws regarding whether circulators are permitted to sign the petition that they are circulating. The state does not require any circulator affidavits nor any written statement from circulators that they personally witnessed any acts of signing the petition.

Paid circulators must register as petition circulator with the secretary of state. Any citizen may challenge the registration of a circulator in court.

See law: Florida Administrative Code, Rule 1S-2.009(9)

Pay-per-signature

See also: Pay-per-signature

In 2019, House Bill 5 was signed into law in Florida. Among other provisions, House Bill 5 banned pay-per-signature.

Until 2019, Florida allowed paying signature gatherers based on the number of signatures collected.

See law: Florida Statutes, Title IX, Chapter 99.097, Section 4

Out-of-state circulators

See also: Residency requirements for petition circulators

Florida does not require petition circulators to be residents of the state.

See law: Florida Statutes, Title IX, Chapter 100.371

Badge requirements

See also: Badge requirements

Florida law does not require that paid and volunteer circulators be identified as such during circulation. However, upon submission, each petition form must include the name and address of the paid petition circulator, when applicable. In 2006, a Florida appeals court held that failure to include this information does not invalidate the signatures, but does subject sponsors to civil penalties.

See law: Florida Statutes, Title IX, Chapter 106.19, Section 3 and Dockery v. Hood (2006)

Electronic signatures

See also: Electronic petition signatures

Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Florida law does not address electronic petition signatures.

See law: Florida Statutes, Title IX

Deadlines for collection

See also: Petition drive deadlines; Initiative petition circulation periods

In Florida, signatures remain valid until February 1 of even-numbered years. Election officials have 60 days to complete signature verification, except that election officials have 30 days to complete signature verification if the signatures are submitted less than 60 days before February 1 of an even-numbered year.

Note: Before Florida Senate Bill 1794 was signed into law in April 2020, signatures were valid for a period of two years. HB 1355, passed in 2011, reduced the circulation period from 4 to 2 years.

See law: Florida Statutes, Title IX, Chapter 100.371, Section 3

Getting on the ballot

Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.

Signature verification

See also: Signature certification

Initiative petitions are verified by the Supervisor of Elections in the county where the voter who signed the petition is registered. Each county Supervisor of Elections may choose to use a random sample method for verification provided that certain conditions are met. First, the number of signatures estimated to be valid through the random sampling in a local Congressional district must be at least 115 percent of the required number. Second, the process must be sufficient to estimate the total number of valid signature with 99.5 percent accuracy.

Prior to verification, the committee sponsoring the initiative must pay for the actual cost of the verification. As long as the committee has not used paid circulators, it can claim that the fee would create an undue burden and request that the fee be waived by filing an affidavit of undue burden with the Division of Elections. Unlike most states, Florida does not require all signatures to be submitted in one filing. Review of the language, title, summary and fiscal impact of the measure is tied to getting a certain number of preliminary signatures.

See law: Florida Statutes, Title IX, Chapter 100.371; Chapter 99.097 and Division of Elections Rules, 1S-2.008

Requirements of a valid signature

In Florida, signatures are only valid if the following conditions are met:

(a) The form contains the original signature of the purported elector.

(b) The purported elector has accurately recorded on the form the date on which he or she signed the form.

(c) The form sets forth the purported elector’s name, address, city, county, and voter registration number or date of birth.

(d) The purported elector is, at the time he or she signs the form and at the time the form is verified, a duly qualified and registered elector in the state.

See law: Florida Statutes, Title IX, Chapter 100.371, Section 3 and Chapter 99.097

Ballot title and summary

See also: Ballot title

Prior to verification, the ballot title and ballot summary are proposed by the initiative sponsors and approved by the secretary of state and Florida Supreme Court. Certified measures are also assigned a number depending on the order in which they are certified or referred by the legislature. (Amendment 1, Amendment 2, etc...)

See law: Florida Statutes, Title IX, Chapter 100.371, Section 4 and Chapter 101.161, Section 2-3

The election and beyond

Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.

Supermajority requirements

See also: Supermajority requirements

Florida amendments require a 60 percent supermajority for approval. This requirement was adopted as a legislatively referred constitutional amendment in 2006 as the Florida Broader Public Support for Constitutional Amendments or Revisions Amendment.

In addition, no amendment approved from 1994 onward may impose a new tax or fee without being approved by a 2/3 supermajority. A tax or fee is considered new if it was not in effect in 1994.

See law: Florida Constitution, Article XI, Section 5 and Section 7

Effective date

Approved amendments take effect on the first Tuesday after the first Monday in January following the election unless otherwise specified by the amendment.

See law: Florida Constitution, Article XI, Section 5

Litigation

See also: Ballot measure lawsuit news

In the event that a county chooses to employ the random sample method of signature verification, challenges should be filed in the state district court for the county. If the case involves multiple counties, the challenge should be filed in the state district court for Leon County (home to Tallahassee). Florida law also stipulates that challenges to fiscal impact statements must be decided by the State Supreme Court.

See law: Florida Statutes, Title IX, Chapter 99.097, Section 4 and Chapter 100.371, Section 5

Legislative alteration

See also: Legislative alteration

Since initiated constitutional amendments are the only kind of ballot initiative permitted under Florida law, lawmakers must use the ordinary amendment process to overturn successful ballot measures. In order to place an amendment on the ballot, lawmakers in each chamber must pass a resolution with a three-fifths majority vote. The repeal/revision amendment must receive the usual 60 percent supermajority for passage.

See law: Florida Constitution, Article XI, Section 1 and Section 5

Re-attempting an initiative

Florida does not limit how soon an initiative can be re-attempted.

See law: Florida Constitution, Article XI and Division of Elections Rules, 1S-2.0091 (7)

Funding an initiative campaign

See also: Campaign finance requirements for Florida ballot measures

Some of the notable features of Florida's campaign finance laws include:

• Florida treats most groups in support of or opposition to an initiative or referendum the same as other political committees.
• Florida has a separate registration status for groups solely funding advertisements through independent expenditures.
• Florida bans groups that are designated as Electioneering Communications organizations to accept money from organizations that are listed as 501(c)(4) or 527 by the Internal Revenue Service (IRS).
• Florida has mandatory electronic reporting for campaign finance disclosure.
• Florida uses an all-in-one electronic reporting system eliminating the need for paper forms.

State initiative law

Article XI of the Florida Constitution provides authority for the initiative process.

• Florida Constitution, Article XI

Title IX of the Florida Statutes governs elections and electors. (A full list of legal references to the initiative process can be found here.)

• Florida Statutes, Title IX

External links

• Florida Division of Elections, "Constitutional Amendments Index"
• Florida Division of Elections, "Initiative Petitions - Process and Procedures"

Changes in the law

The following laws have been proposed that modify ballot measure law in Florida. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.

Proposed changes by year

2022

See also: Changes in 2022 to laws governing ballot measures

Senate Bill 524: The legislation made changes to the state's election policies, including but not limited to ballot initiatives. SB 524 required state officials to discontinue reviewing an initiated amendment should signatures expire during the review process; these officials have 30 days to review an initiated amendment. The bill also increased criminal penalties for forging someone's signature on an initiative petition and for paying a circulator based on the number of petition forms gathered. House Bill 777: The legislation required that local referendums dealing with certain local tax levies, such as tourist development taxes, children’s services special district taxes, local option fuel taxes, school district millage taxes, and others, be voted on at general elections. Therefore, the bill required that these referendum votes cannot be held as special elections. House Bill 921: The legislation was designed to make multiple changes to campaign finance rules regarding ballot measures, including a provision to prohibit an out-of-state donor from giving more than $3,000 to support or oppose an initiative during signature gathering and to prohibit a political action committee that does not have an office in Florida from accepting a contribution of more than $3,000 and a provision banning political contributions surrounding Florida elections from foreign nationals. On June 15, 2022, U.S. District Judge Allen Winsor issued a permanent injunction against the bill, blocking the changes from taking effect.

2021

See also: Changes in 2021 to laws governing ballot measures

Senate Bill 1194: The legislation was a transportation-related omnibus bill, which included a provision prohibiting the use of local ballot measures to restrict maritime commerce, such as cruise ships, at ports. Senate Bill 1890: The legislation created a $3,000 limit on campaign contributions to ballot initiative committees until the state certifies the measure for the ballot and assigns a number designation. On June 15, 2022, U.S. District Judge Allen Winsor issued a permanent injunction against the bill, blocking the requirement from taking effect. Senate Joint Resolution 204 (Amendment 2): Voters rejected the constitutional amendment on November 8, 2022. The constitutional amendment would have abolished the Florida Constitution Revision Commission, a 37-member commission that meets every 20 years to propose changes to the state's constitution and refer them to the statewide ballot for voter approval or rejection. See also: ACLU v. Lee ACLU v. Lee See also: U.S. District Court for Northern Florida, ACLU v. Lee, July 1, 2021 On July 1, 2021, Judge Allen Winsor issued an injunction blocking the enforcement of Florida Senate Bill 1890 (SB 1890), which established a $3,000 limit on campaign contributions to ballot initiative committees before the initiative is certified for the ballot. Attorney General Ashley B. Moody (R) did not appeal the court's decision. Winsor wrote that the state “bears the burden of justifying restrictions on political expression by advancing at least ‘a significantly important interest’ that is ‘closely drawn to avoid unnecessary abridgment of associational freedoms.' [...] Binding decisions from the U.S. Supreme Court and the 5th Circuit (Court of Appeals) applied those principles and concluded that the First Amendment forbids limitations like those SB 1890 imposes."

2020

See also: Changes in 2020 to laws governing ballot measures

Senate Bill 1794: The legislation made several changes to the laws governing the initiative process in Florida, including: making signatures invalid after February 1 of even-numbered years each cycle instead of allowing signatures to remain valid for a period of two years; increasing the signature threshold to trigger a court review of an initiative petition from 10% to 25% of the total required signatures and in half of the state's congressional districts; requiring the Florida Supreme Court to review whether a proposed amendment is "facially invalid under the United States Constitution" in addition to existing requirements for reviewing the ballot title and reviewing the initiative for compliance with the state's single-subject rule; requiring petitioners to reimburse counties for the actual cost of verifying signatures, rather than the then-existing fee of 10 cents per signature or the actual cost, whichever is less. providing 60 days, rather than 30 days, for elections supervisors to validate signatures, except within 60 days from the deadline; allowing citizens to challenge the registration of a paid circulator; and requiring specific statements concerning the impact of the measure on the state budget (negative, positive, or indeterminate) to be included on the ballot, among other changes.

2019

See also: Changes in 2019 to laws governing ballot measures

House Bill 5: The legislation made several changes to the laws governing the initiative process in Florida, including: require paid petition circulators to register with the state and provide an affidavit; prohibit paying petition circulators based on the number of signatures gathered and making a violation a misdemeanor offense; require petition forms to be submitted to elections officials within 30 days of being signed or receive a fine of $50 per petition sheet; require ballot language for a statewide initiative to contain an estimate of the impact on the state and local economy and effect on the state budget; require a two-thirds (66.67%) vote at a general election to approve local discretionary sales taxes.

2018

See also: Changes in 2018 to laws governing ballot measures

2017

See also: Changes in 2017 to laws governing ballot measures

See also: Laws governing ballot measures in Florida d Florida Senate Joint Resolution 866 was designed to amend the state constitution to increase the supermajority requirement to approve constitutional amendments from 60 percent to 66.67 percent (two-thirds). As a proposed constitutional amendment, HRJ 866 would require voter approval by a 60 percent majority. d Florida House Joint Resolution 321 was designed to amend the state constitution to increase the supermajority requirement to approve constitutional amendments from 60 percent to 66.67 percent (two-thirds). As a proposed constitutional amendment, HRJ 866 would require voter approval by a 60 percent majority. d Florida House Joint Resolution 349 was designed to amend the state constitution to allow for initiated state statute—initiatives used to propose state statutes. Going into 2017, Florida law only allowed for initiated constitutional amendments. d Florida Senate Joint Resolution 1332 was designed to amend the state constitution to allow for initiated state statute—initiatives used to propose state statutes. Going into 2017, Florida law only allowed for initiated constitutional amendments.

2016

See also: Changes in 2016 to laws governing ballot measures

See also: Laws governing ballot measures in Florida d FLorida Senate Bill 1404: Was designed to amend the Florida Constitution to allow initiated state statutes. As of 2016, Florida allowed initiated constitutional amendments but not initiated state statutes. d Florida House Joint Resolution 609: Was designed to amend the Florida Constitution to allow initiated state statutes. As of 2016, Florida allowed initiated constitutional amendments but not initiated state statutes. d Florida House Joint Resolution 7113: Proposed an amendment to the Florida Constitution to specify that the power to expand gambling in Florida is "reserved to people." It would have prohibited "expansion of gambling unless proposed and approved as constitutional amendment by initiative petition." d Florida Senate Bill 1100: Was designed to prevent local tax referendums from going on special election ballots and require a 60 percent supermajority to enact local tax referendums at primary elections.

2015

See also: Changes in 2015 to laws governing ballot measures

2014

See also: Changes in 2014 to laws governing ballot measures

2013

See also: Changes in 2013 to laws governing ballot measures

The following bills were introduced in the Florida State Legislature: d H 1045: Permits elector who changes his or her legal residence to vote in precinct to which he or she has moved. Limits length of ballot summaries. Deletes provisions authorizing use of multiple ballot statements when explaining joint resolutions. d H 397: Limits word count on ballot summaries. Deletes authority of state attorney general to revise ballot titles and summaries if the joint resolution is defective. a H 7013: Limits word count on certain ballot summaries. Revises sites and amount of time available for early voting. d S 668: Limits word count on certain ballot summaries. Deletes judicial authority over ballot titles and summaries revised by the attorney general.

2012

See also: Changes in 2012 to laws governing ballot measures

The following bills were introduced in the Florida State Legislature: d HJR 1231: Proposes a constitutional amendment to establish a state veto referendum process. d HJR 7: Proposes a constitutional amendment to establish a recall process for the offices of Governor, Lieutenant Governor, member of the Cabinet, and legislator. d SJR 1490: Proposes a constitutional amendment to establish a state veto referendum process. d SJR 422: Proposes a constitutional amendment to establish a recall process for the offices of Governor, Lieutenant Governor, member of the Cabinet, and legislator.

2011

See also: Changes in 2011 to laws governing ballot measures

The following bills were introduced in the Florida State Legislature: d Florida House Joint Resolution 1259: Bill description/summary: "Proposes amendment to s. 5, Art. XI of State Constitution to require amendments to or revisions of State Constitution to be presented to voters in form & manner prescribed by general law enacted by Legislature." d Florida House Bill 1261: Bill description/summary: "Revises terminology relating to election ballots; transfers to new subsection requirements applicable to joint resolutions; provides that joint resolution may include ballot summary or alternate ballot summaries, listed in order of preference, describing chief purpose of amendment or revision in clear & unambiguous language; requires joint resolution to specify placement on ballot of ballot title & either ballot summary embodied in joint resolution or full text of proposed amendment or revision; requires placement on ballot of full text of amendment or revision if court determines that each ballot summary embodied in joint resolution is defective unless Secretary of State certifies to court that placement of full text on ballot is incompatible with voting systems; requires Attorney General to revise ballot summary under certain circumstances; requires challenges to be filed within certain time; creates presumptions; establishes rules of construction; requires courts to accord challenges priority over other pending cases & issue orders expeditiously; provides for retroactive application." a Florida House Bill 1355 (2011): HB 1355 contains extensive modifications to Florida's election law. With respect to initiative and referendum, the bill cuts the signature gathering period from 4 to 2 years. It also shortens the window for challenging legislatively referred ballot questions. Citizens in Charge Foundation rating: Reduces initiative rights. d Florida House Joint Resolution 785: HJR 785 proposes an amendment to the Florida Constitution, establishing a system for recalling the Governor, the Lt. Governor, a Cabinet member, or a legislator. d Florida House Bill 787: HB 787 proposes legislation required to implement the system of recall proposed in HJR 785. d Florida Senate Bill 1504: SB 1504 would reduce the petition circulation time from 4 years to 30 months. In addition, it would ban out-of-state petition circulators, per-signature payment, and petition circulators that have been convicted of fraud, forgery or identity theft in the past five years. If a petition sponsor is convicted of hiring circulators contrary to these provisions, the sponsor would be subject to criminal penalties. The bill's authors have included a severability clause since a legal challenge of the residency requirement is likely. Five circuit courts in other parts of the country have struck down residency requirements. Citizens in Charge Foundation rating: Reduces initiative rights. d Florida Senate Bill 1700: SB 1700 proposes legislation required to implement the system of recall proposed in HJR 785. d Florida Senate Bill 2086: Bill description/summary: "Expands the list of responsibilities of the Secretary of State when acting in his or her capacity as chief election officer. Replaces a requirement for the Department of State to print copies of a pamphlet containing the Election Code with a requirement that the pamphlet be made available. Requires that third-party voter registration organizations register with the Division of Elections. Requires such organizations to provide the division with certain information, etc." d Florida Senate Bill 7220: Bill description/summary: "Specifies a time period to initiate an action to challenge an amendment to the State Constitution proposed by the Legislature. Requires the court, including an appellate court, to accord the case priority over other cases. Requires the Attorney General to revise a ballot title or ballot summary for an amendment proposed by the Legislature under certain circumstances. Requires the Department of State to furnish a designating number and the revised ballot title and substance to the supervisor of elections, etc."

2010

See also: Changes in 2010 to laws governing ballot measures

The following bills were introduced in the Florida State Legislature: d S 1494: Would require all fiscal impact statements to written at eighth grade reading level. The bill died in committee without seeing a vote in either house of the Legislature. d S 2610: An amendment to the Florida Constitution that would allow people who sign a petition to revoke their signature. The bill died in committee without seeing a vote in either house of the Legislature.