Laws governing the initiative process in Florida
Laws and procedures
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
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.[1][2][3]
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.
Initiative sponsoring committees are required to submit a letter every third election cycle to prevent signature expiration.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title
A sponsor may only sponsor one initiative.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title
See law: Florida Statutes, Title IX, Chapter 100.371, Section 2
Petition summary
- See also: Starting a petition
Sponsors must file the ballot title, summary, full text, as well as article and section being amended.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title
Beginning July 1, 2025, petition forms were required to prominently display the following:Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title
- the petition number;
- the ballot title;
- the ballot summary;
- a notice that the form becomes a public record once received by the supervisor of elections;
- a notice that it is a misdemeanor of the first degree to knowingly sign a petition more than once;
- a notice that the form will not be validated if all required information is not completed;
- the full fiscal impact statement (applicable to initiatives filed after May 2, 2025);
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 invalid under the United States Constitution."[4]
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 |
|---|---|---|
| 2026 | 880,062 | 1,650,116 |
| 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
Paid circulators must register as petition circulator with the secretary of state and complete training by the division of elections. Individuals are required to register if they will be in physical possession of 25 or more petition sheets.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title
A petition circulator must submit a signed affidavit with their circulator number or barcode, as well as their name and address, stating that each signature was signed in their presence and that they have not been paid per signature.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title
Circulators must be qualified electors, citizens of the U.S., and residents of Florida. If the petition circulator is a convicted felon, they must have had their right to vote restored.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title
Petition circulators' registrations may be challenged in court by any citizen.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title
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.
A bill signed into law in 2025 required petition circulators to submit a signed statement affirming they were not paid based on the number of signatures collected.
See law: Florida Statutes, Title IX, Chapter 99.097, Section 4
Out-of-state circulators
Florida requires petition circulators to be qualified electors, citizens of the U.S., and residents of the state.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title
See law: Florida Statutes, Title IX, Chapter 100.371
Badge requirements
In Florida, a circulator's name, address, and circulator number or barcode must appear on petitions.
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
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
Petition circulators must submit signed petitions to county supervisor of elections in the county in which the voter resides within 10 days after the voter signs the petition.
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.
Reporting invalid signatures to Office of Election Crimes and Security
The county supervisor of elections is required to forward the number of validated and invalidated signatures to the secretary of state on the last day of each month and the last day of each week from December 1 of an odd-numbered year through February 1 of the following even-numbered year. If the percentage of invalid signatures reported during any reporting period exceeds 25% the supervisor is required to notice the Office of Election Crimes and Security to investigate the activities of a sponsor and petition circulators.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title
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 voter;
- (b) the form includes the voter's full name;
- (c) the form includes the voter's address and county of residence;
- (d) the form includes the voter's voter registration number or date of birth; and
- (e) the form includes the voter's Florida driver's license or state identification card number or the last four digits of the voter's social security number.
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 vote. 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.[5]
See law: Florida Constitution, Article XI and Division of Elections Rules, 1S-2.0091 (7)
Funding an initiative campaign
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.
Title IX of the Florida Statutes governs elections and electors. (A full list of legal references to the initiative process can be found here.)
External links
- Florida Division of Elections, "Constitutional Amendments Index"
- Florida Division of Elections, "Initiative Petitions - Process and Procedures"
Footnotes
- ↑ NCSL, "Drafting the Initiative Proposal," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Fiscal Analysis," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Ballot Title and Summary," accessed May 19, 2011
- ↑ Florida State Senate, "Florida Senate Bill 1794," accessed April 13, 2020
- ↑ NCSL, "Banning Same or Similar Measures from the Ballot for a Specified Period of Time," May 2009
Changes in the law
| Contents |
|---|
| 1 Laws and procedures |
| 2 Changes in the law |
| 2.1 Proposed changes by year |
| 2.1.1 2022 |
| 2.1.2 2021 |
| 2.1.3 2010 |
| 2.1.4 2019 |
| 2.1.5 2018 |
| 2.1.6 2017 |
| 2.1.7 2016 |
| 2.1.8 2015 |
| 2.1.9 2014 |
| 2.1.10 2013 |
The list below shows changes to Florida's state initiative process, organized by year. Years without relevant legislation are not included.
Changes by year
2025
- House Bill 1205: Requires petition circulators to register with the secretary of state and complete mandatory training; require circulators to sign a statement affirming they were not paid based on the number of signatures collected; requires signatures to include the voter's Florida driver's license or state identification card number or the last four digits of the voter's social security number; requires the attorney general to ensure compliance of the fiscal impact statement along with the ballot language and constitutionality; changes fiscal impact statement processes; defines petition circulator to exclude individuals who physically possess no more than 25 signed petition forms; requires initiative sponsors to submit a letter every third election cycle to prevent signature expiration; prohibits sponsors from sponsoring more than one amendment; establishes specific requirements for initiative petition formatting including specific font sizes and displaying a notice that it is a misdemeanor to knowingly sign a petition more than once; require sponsors to affirm they are not convicted felons, are residents of the state, and citizens of the U.S.; enacts criminal penalties for violations; directs county supervisors of elections to forward instances when 25% or more of signatures are invalidated to the Office of Election Crimes and Security.[1]
2022
- 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.[2]
- 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.[3]
- On June 15, 2022, U.S. District Judge Allen Winsor issued a permanent injunction against the bill, blocking the changes from taking effect.[4]
2021
- 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.[5]
- On June 15, 2022, U.S. District Judge Allen Winsor issued a permanent injunction against the bill, blocking the requirement from taking effect.[6]
- 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.[7] See also: ACLU v. Lee
2020
- Senate Bill 1794: The legislation made several changes to the laws governing the initiative process in Florida, including:[8]
- 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
- House Bill 5: The legislation made several changes to the laws governing the initiative process in Florida, including:[9]
- 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.
2013
- House Bill 7013: Limit word count on certain ballot summaries. Revises sites and amount of time available for early voting.
2011
The following bills were introduced in the Florida State Legislature:
|
