Florida Amendment 2, Abolish the Constitution Revision Commission Measure (2022)

Florida Amendment 2
Election date November 8, 2022
Topic Direct democracy measures and Administration of government
Status d Defeated
Type Constitutional amendment	Origin State legislature

Florida Amendment 2, the Abolish the Constitution Revision Commission Measure, was on the ballot in Florida as a legislatively referred constitutional amendment on November 8, 2022. The measure was defeated.

A "yes" vote supported abolishing 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.

A "no" vote opposed abolishing the Florida Constitution Revision Commission.

Supermajority requirement: A 60 percent supermajority vote was required for the approval of Amendment 2.

Election results

Florida Amendment 2
Result		Votes	Percentage
Yes		3,744,930	53.87%
No		3,206,762	46.13%

Results are officially certified.

Source

Overview

What would Amendment 2 have done?

See also: Text of measure

This measure would have abolished the Florida Constitution Revision Commission.

The Florida Constitution Revision Commission (CRC) is a 37-member commission provided for in the state constitution that convenes every 20 years to review and propose changes to the Florida Constitution. The CRC refers constitutional amendments directly to the ballot for a public vote, which makes the commission unique amongst the states. Florida is the only state with a commission that can refer constitutional amendments to the ballot. The CRC convenes every 20 years on the following schedule: 1977, 1997, 2017, 2037, 2057, and so on. Beyond what is required in Section 2 of Article XI of the Florida Constitution, the CRC sets its own rules and procedures.

Why was this amendment on the ballot?

See also: Path to the ballot and Background

This amendment was introduced by Senator Jeff Brandes (R) on December 7, 2020. It was passed by the Florida State Senate by a vote of 27-12. All 24 Senate Republicans voted in favor of the measure. Of the 16 Senate Democrats, 12 voted against, three voted in favor, and one did not vote but later voted against the measure after the official vote was tallied. The measure was passed in the House by a vote of 86-28 with six members not voting. Of House Republicans, 75 voted in favor, none voted against, and three did not vote. Of House Democrats, 11 voted in favor, 28 voted against, and 11 did not vote.

Calls to abolish the Florida Constitution Revision Commission came after the CRC referred eight amendments to the ballot for the election on November 6, 2018, of which, seven were involved in lawsuits alleging that they were composed of multiple subjects bundled into one or that their ballot language was inaccurate or misleading.

What did supporters and opponents say about this measure?

See also: Support, and Opposition

Amendment sponsor, Republican Senator Jeff Brandes said, "The CRC meets once every 20 years and they place amendments onto the ballot for everyone to vote on. They’re one of the only methods of constitutional amendment that allow compounding—that is placing unrelated propositions in one amendment that the voter has to vote up or down on." Brandes said the CRC "has no rules, players have no experience, once it starts it can’t stop, crazy things pop out, and you never know how damaging they will be. Election night, you yell ‘Jumanji.’"

Democratic Senator Darryl Rouson said, "The CRC may not be perfect, but as lawmakers, we should work to improve it rather than scrap it. Abolishing the CRC along with other efforts to make it more difficult and more expensive to circulate citizens' petitions to amend the Florida Constitution will make it harder for citizen voices to be heard in shaping the future of their state. “Florida gives its citizens a rare and innovative opportunity to play an active role in Democracy. Enshrined in the state constitution, this 37-member body convenes only every 20 years, travels the state to hear about the issues that matter most to Floridians and proposes constitutional amendments that go right to the ballot for a public vote."

What did the CRC refer to the 2018 ballot?

The Florida Constitution Revision Commission (CRC) of 2017-2018 proposed changes to the state constitution for voters to approve or reject in the November 2018 general election. The CRC received 2,013 proposals from the public and 103 from the commission's members. The CRC referred eight measures to the 2018 ballot. All of the amendments were approved except for Amendment 8, which was blocked from appearing on the ballot by a court ruling. Plaintiffs argued that the measure combined three separate and unrelated measures and that the ballot language was misleading. The court ruled that the measure's ballot language was misleading and the measure was kept off the ballot. Seven of the eight CRC referrals had been targeted in lawsuits with plaintiffs alleging that the amendments combined multiple subjects and/or had misleading or unclear ballot language.

Text of measure

Ballot title

The ballot title was as follows:

“

ABOLISHING THE CONSTITUTION REVISION COMMISSION.

”

Ballot summary

The ballot summary was follows:

“

Proposing an amendment to the State Constitution to abolish the Constitution Revision Commission, which meets at 20-yea intervals and is scheduled to next convene in 2037, as a method of submitting proposed amendments or revisions to the State Constitution to electors of the state for approval. This amendment does not affect the ability to revise or amend the State Constitution through citizen initiative, constitutional convention, the Taxation and Budget Reform Commission, or legislative joint resolution.

”

Constitutional changes

See also: Article II, Florida Constitution and Article XI, Florida Constitution

The measure would have repealed Section 2 of Article XI and amend Section 5 of Article II and 5 of Article XI of the Florida Constitution. The following struck-through text would have been deleted and underlined text would have been added.

Note: Hover over the text and scroll to see the full text.

ARTICLE II GENERAL PROVISIONS

SECTION 5. Public officers.—

(a) No person holding any office of emolument under any foreign government, or civil office of emolument under the United States or any other state, shall hold any office of honor or of emolument under the government of this state. No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein, except that a notary public or military officer may hold another office, and any officer may be a member of the a constitution revision commission, taxation and budget reform commission, constitutional convention, or a statutory body having only advisory powers.

(b) Each state and county officer, before entering upon the duties of the office, shall give bond as required by law, and shall swear or affirm:

“I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the state; and that I will well and faithfully perform the duties of (title of office) on which I am now about to enter. So help me God.”,and thereafter shall devote personal attention to the duties of the office, and continue in office until a successor qualifies.

(c) The powers, duties, compensation and method of payment of state and county officers shall be fixed by law.

ARTICLE XI AMENDMENTS

SECTION 2. Revision Commission. —

(a) Within thirty days before the convening of the 2017 regular session of the legislature, and each twentieth year thereafter, there shall be established a constitution revision commission composed of the following thirty-seven members:

(1) the attorney general of the state;

(2) fifteen members selected by the governor;

(3) nine members selected by the speaker of the house of representatives and nine members selected by the president of the senate; and

(4) three members selected by the chief justice of the supreme court of Florida with the advice of the justices.

(b) The governor shall designate one member of the commission as its chair. Vacancies in the membership of the commission shall be filled in the same manner as the original appointments.

(c) Each constitution revision commission shall convene at the call of its chair, adopt its rules of procedure, examine the constitution of the state, hold public hearings, and, not later than one hundred eighty days prior to the next general election, file with the custodian of state records its proposal, if any, of a revision of this constitution or any part of it.

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 or report of a revision commission, constitutional convention or the 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 year in which the general election is held.

(c) 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) Once in the tenth 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) Unless otherwise specifically provided for elsewhere in this constitution, if the proposed amendment or revision is approved by vote of at least sixty percent of the electors voting on the measure, 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 may be specified in the amendment or revision.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 22, and the FRE is -52. The word count for the ballot title is 5.

The FKGL for the ballot summary is grade level 22, and the FRE is 5. The word count for the ballot summary is 74.

Support

Supporters

Officials

• State Rep. Jeff Brandes (R)

Political Parties

• Orange County Democratic Party
• Volusia County Democratic Party

Arguments

• State Sen. Jeff Brandes (R): "The CRC is bipartisanly detested and should be abolished." Brandes also said the individuals appointed to the commission aren't held accountable. "The simple truth is we don’t need it. Other states don’t have it, and what it does is deny the people of the state of Florida the opportunity to hold these individuals accountable, because they’re literally accountable to no one," Brandes said.
• State Sen. Jeff Brandes (R): "[The CRC] is rediscovered every 20yrs, has no rules, players have no experience, once it starts it can’t stop, crazy things pop out, and you never know how damaging they will be. Election night, you yell ‘Jumanji.’"
• State Rep. Mike Beltran (R): "The CRC meets once every 20 years and they place amendments onto the ballot for everyone to vote on. They’re one of the only methods of constitutional amendment that allow compounding—that is placing unrelated propositions in one amendment that the voter has to vote up or down on."

Opposition

Opponents

If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Arguments

• State Sen. Darryl Rouson (D): "The CRC may not be perfect, but as lawmakers, we should work to improve it rather than scrap it. Abolishing the CRC along with other efforts to make it more difficult and more expensive to circulate citizens' petitions to amend the Florida Constitution will make it harder for citizen voices to be heard in shaping the future of their state. “Florida gives its citizens a rare and innovative opportunity to play an active role in Democracy. Enshrined in the state constitution, this 37-member body convenes only every 20 years, travels the state to hear about the issues that matter most to Floridians and proposes constitutional amendments that go right to the ballot for a public vote."
• Carol Weissert, professor of political science at Florida State University and director of the LeRoy Collins Institute and Lester Abberger, board chair of the LeRoy Collins Institute: "The most recent CRC engaged in "bundling" — lumping several unrelated issues into a single ballot question that required a single up-or-down vote. This led to some confusion among voters. ... The bundling problem can be dealt with by improving, not abolishing, the CRC. The Legislature could amend the process by requiring future CRCs to abide by the single subject provision. ... Florida’s CRC process is worth saving. The CRC follows the advice of Thomas Jefferson, who thought every generation should have the 'solemn' opportunity to update its constitution. This duty should not be lightly revoked."

Media editorials

See also: 2022 ballot measure media endorsements

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.

Support

Submit links to editor@ballotpedia.org.

Opposition

• The Sun-Sentinel Editorial Board: "... The last review commission, which met in 2017-18, did badly overall. Gov. Rick Scott and House Speaker Richard Corcoran sabotaged it by appointing too many partisan members, including professional lobbyists. That vulnerability can be fixed. Instead of repealing the review commission, the Legislature should be mending it. It’s important to remember why it was created. Florida had been misruled for decades by a backward clique of rural legislators who represented fewer than 20 percent of the people and refused to modernize the 1885 state Constitution. After the U.S. Supreme Court threw them out, the ensuing reforms included the Constitution Review Commission and the initiative petition process. The intent was to protect Florida from ever being paralyzed again by the self-interests of an entrenched political empire."
• Tampa Bay Times Editorial Board: "The commission has its flaws. But a better remedy is for the governor and Legislature to make bipartisan appointments, and for CRC members to propose single-issue questions for the ballot. Eliminating the CRC reduces the number of ways that Floridians can modify their Constitution. Citizens have launched petition drives in recent years to address a number of priorities (the environment, felon voting rights) in the face of the Legislature’s refusal to act. In response, the Legislature has already made it harder for citizen petitions to reach the ballot. This measure is just yet another move by the power brokers in Tallahassee to consolidate power and ignore the voters’ will. And with the commission not scheduled to convene again until 2037, voters hardly have a reason to entertain this nonsense now."
• Palm Beach Post Editorial Board: "Every 20 years, the Constitutional Revision Commission meets to make changes to the state Constitution. In an ideal world, those changes would be helpful in addressing real problems or removing unwanted and outdated constitutional amendments. Alas, this is Florida and the last time the commission "improved" the Constitution, it proposed a series of partisan changes that did anything but. That can happen when the bulk of commission appointees come from the Governor and the Florida Legislature. Still, the commission remains one way the public can have input in shaping policies through amending the Constitution, along with ballot initiatives and amendments filed directly by their representatives and senators in the Legislature."
• Orlando Sentinel and South Florida Sun Sentinel Editorial Boards: "... If its future were judged only by the poor performance of the last commission, which met in 2017-18, abolition makes sense. ... The blame for that commission’s failures belongs mostly to former Gov. Rick Scott and ex-House Speaker Richard Corcoran, for playing political games with the Constitution. But the revision process needs reform, not ruin. Logrolling should be banned, registered lobbyists should be banned from serving, and the Legislature’s minority leaders should have a say in CRC appointments."

Campaign finance

See also: Campaign finance requirements for Florida ballot measures

Total campaign contributions:
Support:	$0.00
Opposition:	$0.00

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

Background

Constitution Revision Commission (CRC)

See also: Florida Constitution Revision Commission

The Florida Constitution Revision Commission (CRC) is a 37-member commission provided for in the state constitution that reviews and proposes changes to the Florida Constitution. The CRC refers constitutional amendments directly to the ballot for a public vote. Florida is the only state with a commission that can refer constitutional amendments to the ballot. The CRC was established in 1968 and was set to convene every 20 years on the following schedule: 1977, 1997, 2017, 2037, 2057, and so on. Beyond what is required in Section 2 of Article XI of the Florida Constitution, the CRC sets its own rules and procedures.

2018 CRC proposals

The Florida Constitution Revision Commission (CRC) convened most recently in 2017-2018. The CRC received 2,013 proposals from the public and 103 from the commission's members and referred eight measures—addressing 20 proposals—to the ballot for the election on November 6, 2018. All of the amendments were approved except for Amendment 8, which was blocked from the ballot by a court ruling. Plaintiffs argued that the measure combined three separate and unrelated measures and that the ballot language was misleading. The court ruled that the measure's ballot language was misleading and the measure was kept off the ballot.

Seven of the eight CRC referrals had been targeted in lawsuits with plaintiffs alleging that the amendments combined multiple subjects and/or had misleading or unclear ballot language.

To read about all of the CRC proposals since 1977, click here.

Lawsuits concerning CRC referrals on 2018 ballot

Harry Lee Anstead and Robert J. Barnas v. Florida Secretary of State Ken Detzner On August 14, 2018, Retired Florida chief justice Harry Lee Anstead and former Florida Elections commissioner Robert J. Barnas filed a lawsuit against Florida Secretary of State Ken Detzner in the Florida Supreme Court alleging that six measures placed on the ballot by the Florida Constitution Revision Commission should be removed from the ballot because they combine independent and unrelated subjects into one amendment. Additionally, the lawsuit alleged that the ballot language for Amendment 8 failed to clearly specify its intent, and was deceptive and misleading. The plaintiffs wanted the court to order the secretary of state to justify why the measures are allowed to be on the ballot or remove them from the ballot. Involved in different lawsuits, the Florida Supreme Court ordered Amendments 6 and 10 to appear on the ballot while Amendment 8 was removed from the ballot. On October 17, 2018, the Supreme Court overturned a lower court's ruling and ordered Amendments 7, 9, and 11 to remain on the ballot also. The amendments that were challenged in the lawsuit are listed below: Type Title Subject Description CR Amendment 6 Judiciary Adds a Marsy's Law to state constitution, increases judicial retirement age to 75, and prohibits judges from deferring to administrative agencies in interpreting law CR Amendment 7 Education Requires death benefits for first responders and military members, a supermajority vote for college fees, and adds state college system structure to constitution CR Amendment 8 Education Establishes school board term limits, allows state to operate non-board established schools, and requires civic literacy in public education CR Amendment 9 Environment Bans offshore oil and gas drilling and vaping in enclosed indoor workplaces CR Amendment 10 Admin of Gov't Prohibits counties from abolishing certain local offices, changes start date of legislative sessions, and adds an executive office and executive department to constitution CR Amendment 11 Admin of Gov't Repeals the following: (a) a prohibition against aliens owning property, (b) a requirement for a high-speed ground transportation system, and (c) a provision saying that changes to a criminal statute are not retroactive Timeline On October 17, 2018, the Supreme Court overturned the lower court's ruling, instead ordering Amendments 7, 9, and 11 to remain on the ballot and votes on the measures to be counted. On September 12, 2018, the Florida Supreme Court accepted the case. By September 24, 2018, briefs had been filed by both parties. On September 7, 2018, Leon County Circuit Court Judge Karen Gievers ruled that Amendments 7, 9, and 11 must be removed from the ballot. Gievers said Amendments 7 and 9 combined independent and unrelated provisions in a single amendment, preventing voters from making a single decision on what provisions of the amendment to support. She also ruled that Amendment 11 was misleading. Secretary of State Ken Detzner appealed the case to the First District Court of Appeals. Gievers' ruling did not concern Amendments 6, 8, or 10 because they were involved in other lawsuits. Amendments 6 and 10 were ordered to appear on the ballot while Amendment 8 was removed from the ballot by the Supreme Court. On August 29, 2018, the Florida Supreme Court transferred the case down to a lower court, the Leon County Circuit Court. The justices wrote, "The transfer of this case should not be construed as an adjudication or comment on the merits of the petition nor that the petition has been properly denominated as a petition for writ of quo warranto. The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition." Florida Attorney General Pam Bondi responded to the suit on behalf of Secretary of State Ken Detzner. Bondi argued that only initiatives proposed by the public are subject to the single-subject rule and that amendments placed on the ballot by the Constitution Revision Commission are not bound to abide by the single-subject rule. According to documents filed by Bondi, the state also argued that Detzner did not violate Florida law by placing the amendments on the ballot.

Referred amendments on the ballot

See also: List of Florida ballot measures

In Florida, a total of 63 legislatively referred constitutional amendments appeared on the statewide ballot in Florida during even-numbered years between 1986 and 2020, of which, 47 were approved and 16 were defeated.

Florida referred amendments, 1986-2020
Total number	Annual average	Annual minimum	Annual maximum	Approved		Defeated
				#	%	#	%
63	3.71	0	11	47	74.60	16	25.40

Path to the ballot

See also: Amending the Florida Constitution

To put a legislatively referred constitutional amendment before voters, a 60 percent vote is required in both the Florida State Senate and the Florida House of Representatives.

This amendment was introduced as Senate Joint Resolution 204 by Senator Jeff Brandes (R) on December 7, 2020. On March 25, 2021, the state Senate passed the measure in a vote of 27-12. All 24 Senate Republicans voted in favor of the measure. Of the 16 Senate Democrats, 12 voted against, three voted in favor, and one did not vote, but voted against the measure after the official vote was tallied. The measure was passed in the House on April 27, 2021, by a vote of 86-28 with six members not voting. Of House Republicans, 75 voted in favor, none voted against, and three did not vote. Of House Democrats, 11 voted in favor, 28 voted against, and 11 did not vote.

Vote in the Florida State Senate March 25, 2021
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 24  a
	Yes	No	Not voting
Total	27	12	1
Total percent	67.5%	30.0%	2.5%
Democrat	3	12	1
Republican	24	0	0

Vote in the Florida House of Representatives April 27, 2021
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 72  a
	Yes	No	Not voting
Total	86	28	6
Total percent	71.66%	23.33%	5.00%
Democrat	11	28	3
Republican	75	0	3

How to cast a vote

See also: Voting in Florida

Click "Show" to learn more about voter registration, identification requirements, and poll times in Florida.

How to cast a vote in Florida

Poll times In Florida, all polls are open from 7:00 a.m. to 7:00 p.m. local time. Florida is divided between the Eastern and Central time zones. An individual who is in line at the time polls close must be allowed to vote. Registration requirements Check your voter registration status here. To vote in Florida, one must be at least 18 years of age, a citizen of the United States, and a legal resident of Florida and the county in which he or she intends to vote. Pre-registration is available beginning at 16 years of age. Voters may retrieve registration applications at the following locations: Local elections offices Public assistance agencies Disability services agencies Independent living centers Military recruitment offices Public libraries Drivers license office Tax collector's office The office of any entity authorized by the Florida Fish and Wildlife Conservation Commission to issue fishing, hunting, or trapping permits A registration form is also available online. The form can be printed and submitted via mail. Click here to find your county Supervisor of Elections. Automatic registration Florida does not practice automatic voter registration. Online registration See also: Online voter registration Florida has implemented an online voter registration system. Residents can register to vote by visiting this website. Voters may also apply for or modify their voter registration status while renewing their driver's license through the Florida Department of Highway Safety and Motor Vehicles’ online renewal system here. Same-day registration Florida does not allow same-day voter registration. Residency requirements To register to vote in Florida, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Florida does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, "it is a 3rd degree felony to submit false information." All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registration The page Voter Information Lookup, run by the Florida Department of State, allows residents to check their voter registration status online. Voter ID requirements Florida requires voters to present photo identification with a signature while voting. The following list of accepted ID was current as of July 2024. Click here for the Florida Secretary of State's page on accepted ID to ensure you have the most current information. Florida driver’s license Florida identification card issued by the Department of Highway Safety and Motor Vehicles United States passport Debit or credit card Military identification Student identification Retirement center identification Neighborhood association identification Public assistance identification Veteran health identification card issued by the United States Department of Veterans Affairs License to carry a concealed weapon or firearm issued pursuant to s. 790.06 Employee identification card issued by any branch, department, agency, or entity of the federal government, the state, a county, or a municipality A voter who presents an ID without a signature must show a second form of identification that includes the voter’s signature.

See also

2022 measures

• 2022 ballot measures
• Direct democracy measures on the ballot
• Administration of government on the ballot

Florida

• Florida ballot measures
• Florida ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Senate Joint Resolution 204 (2021)
• SJR 204 (2021) full text