Florida Preservation of the Death Penalty, Amendment 2 (1998)

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The Florida Preservation of the Death Penalty Amendment, also known as Amendment 2, was a legislatively-referred constitutional amendment in Florida which was approved on the ballot on November 3, 1998. The amendment was later overturned by the courts.

This amendment modified Article I of the Florida Constitution to ensure continuation of death sentences in the event that the method of execution is changed.[1]


In 2000, the Florida Supreme Court nullified the amendment in their decision, Armstrong v. Harris.[2]

In 2002 the Florida voters approved a new amendment that reaffirmed the contents of this amendment.

Election results

Florida Amendment 2 (1998)
OverturnedotOverturned Case:Armstrong v. Harris No. SC95223
Yes 2,676,043 72.76%

Election results via: Florida Division of Elections

Text of measure

The language that appeared on the ballot:

Preservation Of The Death Penalty; United States Supreme Court Interpretation Of Cruel And Unusual Punishment.—Proposing an amendment to the constitution preserving the death penalty, and permitting any execution method unless prohibited by the Federal Constitution. Requires construction of the prohibition against cruel and/or unusual punishment to conform to U.S. Supreme Court interpretation of the Eighth Amendment. Prohibits reduction of a death sentence based on invalidity of execution method, and provides for continued force of sentence.[1][3]


No information on support for this measure has yet been identified.


The Florida Catholic Conference was opposed to Amendment 2.[4]

See also

Suggest a link

External links