Why Florida's constitutional amendments require approval of 60% of voters

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Published  November 6, 2024 9:14pm EST
FOX 35 Orlando
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Amendments require approval of 60% of voters

A clear majority of voters supported two amendments to the Florida Constitution on Tuesday while rejecting four.

ORLANDO, Fla. - A clear majority of voters supported two amendments to the Florida Constitution on Tuesday – one that enshrines the right to fish and hunt (Amendment 2) and another that adjusts home property tax exemption for inflation (Amendment 5).

Four other amendments were rejected, including two hot-button issues on the ballot – one that would have legalized recreational marijuana (Amendment 3) and the other that would have protected the right to abortion (Amendment 4). Both failed to pass because they did not reach 60% approval. 

"In order to change, the voters must approve any amendment by at least 60%. Other states have different percentages. We in Florida used to have a 50% requirement," said Orlando Attorney Larry Walters.

Walters said that in 2006, Florida voters approved an amendment that required a 60% threshold for changing the Florida Constitution. 

"Oddly enough," he added, "that constitutional amendment only passed by 57%, and not 60%."

University of Central Florida professor Aubrey Jewett said several 50% amendments at the time eventually led to one that prompted state legislators to back raising that bar. 

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"The proverbial straw that broke the camel's back was the 'pregnant pig' amendment, which provided protection for pregnant pigs. If they were being raised commercially in Florida, they had to have a certain amount of space in the cage to turn around and these kinds of things."

Criticism of that threshold seems to fall along partisan lines.

Republican State Rep. Randy Fine, of Palm Bay, said he wished the threshold were even higher. 

"I think it should be difficult to change Florida's constitution, because once you change it, the only way you can fix it is to change it again. So I think it should be hard. I fundamentally don't believe the appropriate use of the constitutional amendment process is to legislate."

Democratic State Rep. Anna Eskamani, of Orlando, said a simple majority should suffice. 

"If politicians don't need 60% to get into office, I think it's unreasonable to put into place a requirement of 60% for amending the constitution."

Despite the high standard for passage, Jewett and Walters both expected well-funded groups to continue backing amendments to the state constitution.

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