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Florida Initiative Requirements, Amendment 2 (2004)

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The Florida Initiative Requirements Amendment, also known as Amendment 2, was a legislatively-referred constitutional amendment on the November 2, 2004 election ballot in Florida, where it was approved.

The amendment modifies Article IV, Section 10 and Article XI, Section 5of the Florida Constitution to require initiatives be filed with the Secretary of State by February 1 and for the Supreme Court to issue an advisory opinion of the legality of the initiative by April 1.[1]

Election results

Florida Amendment 2 (2004)
Approveda Yes 4,574,361 68.44%

Results via: the Florida Department of State, Division of Elections

Text of measure

The ballot title read:


The ballot summary read:

Proposing amendments to the State Constitution to require the sponsor of a constitutional amendment proposed by citizen initiative to file the initiative petition with the Secretary of State by February 1 of the year of a general election in order to have the measure submitted to the electors for approval or rejection at the following November's general election, and to require the Florida Supreme Court to render an advisory opinion addressing the validity of an initiative petition by April 1 of the year in which the amendment is to be submitted to the electors.[1][2]

Constitutional changes

The text of the amendment read:



SECTION 10. Attorney General.--The attorney general shall, as directed by general law, request the opinion of the justices of the supreme court as to the validity of any initiative petition circulated pursuant to Section 3 of Article XI. The justices shall, subject to their rules of procedure, permit interested persons to be heard on the questions presented and shall render their written opinion no later than April 1 of the year in which the initiative is to be submitted to the voters pursuant to Section 5 of Article XI expeditiously.



SECTION 5. Amendment or revision election.—

(a) A proposed amendment to or revision of this constitution, or any part of it, shall be submitted to the electors at the next general election held more than ninety days after the joint resolution, initiative petition or report of revision commission, constitutional convention or taxation and budget reform commission proposing it is filed with the custodian of state records, unless, pursuant to law enacted by the affirmative vote of three-fourths of the membership of each house of the legislature and limited to a single amendment or revision, it is submitted at an earlier special election held more than ninety days after such filing.

(b) A proposed amendment or revision of this constitution, or any part of it, by initiative shall be submitted to the electors at the general election provided the initiative petition is filed with the custodian of state records no later than February 1 of the y ear in which the general election is held.

(c) (b) The legislature shall provide by general law, prior to the holding of an election pursuant to this section, for the provision of a statement to the public regarding the probable financial impact of any amendment proposed by initiative pursuant to section 3.

(d) (c) Once in the tent h week, and once in the sixth week immediately preceding the week in which the election is held, the proposed amendment or revision, with notice of the date of election at which it will be submitted to the electors, shall be published in one newspaper of general circulation in each county in which a newspaper is published.

(e) (d) If the proposed amendment or revision is app roved by vote of the electors, it shall be effective as an amendment to or revision of the constitution of the state on the first Tuesday after the first Monday in January following the election, or on such other date as ma y be specified in the amendment or revision. [1]

Campaign contributions contributed a total of $654,808 towards passage of the proposed amendment, while Hands Off Florida No On 2 spent $11, 034 in opposition.[3]


On October 26, 2004, the lawsuit Florida Hometown Democracy v. Sue Cobb was filed as a challenge to the constitutionality of Amendment 2. The court upheld Amendment 2's constitutionality.[4]

See also

Suggest a link

External links


  1. 1.0 1.1 1.2 1.3 "CONSTITUTIONAL AMENDMENTS PROPOSED BY INITIATIVE," Florida Department of State, Division of Elections
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
  3. Follow the Money, Florida Amendment 2 Donations
  4. Text of Hometown v. Cobb