Under Florida’s state constitution, any proposed amendment to the constitution requires at least 60 percent of participating voters to approve of it in order for it to pass. According to Ballotpedia, Florida is one of at least 11 states that require a supermajority vote of support for statewide ballot measures, or have in place other requirements beyond just a majority vote of support.
Last November, a statewide ballot measure — Amendment 4 — that aimed to override Florida’s six-week abortion ban and legalize abortion up to viability failed to pass, despite receiving more than 6 million votes of support in Florida, equal to about 57 percent of the vote. Florida’s Amendment 3, which sought to legalize recreational marijuana use, also failed to pass, despite receiving nearly 56 percent of the vote.
Smith’s new proposal (SJR 864), a joint resolution filed for consideration during Florida’s upcoming legislative session, would change the required threshold for passing a constitutional amendment from 60 percent to 50 percent — equal to what it was before voters changed it through a constitutional amendment back in 2006.
“The people of Florida deserve a fair and democratic process for amending our state constitution, but politicians and special interests have worked together to suffocate citizen-led initiatives and tilt the scales in favor of the status quo,” Smith told Orlando Weekly in a statement. “The impact of their effort was on full display in 2024 when Amendments 3 and 4, both of which had the support of a clear majority of voters, failed by falling short of the arbitrary 60 percent threshold.”
That 2006 ballot measure that created the 60 percent threshold was ironically approved by just 57 percent of voters at the time, making it harder for ballot initiatives to pass, even with popular support.
That measure, on the 2006 ballot as Amendment 3, was backed by politically influential industry and developer groups that wanted to curtail voters’ ability to have a say on things like minimum wage increases and other regulatory measures popular among voters, but unpopular among special interest groups. According to reporting at the time, a vote by Floridians to ban caging pregnant pigs just a few years prior was also a motivating factor.
In November 2002, animal-rights advocates ran an effective campaign against the practice of tethering pregnant pigs in a gestation crate too small to move inside. When a majority of voters approved the ban and it was enshrined as an amendment to the Florida Constitution, pork producers and factory farmers were angered enough to lobby the Legislature to make amendments more difficult to pass.
“I think the average voter, whether he or she is a Republican or Democrat, a liberal or conservative, should be concerned about Amendment 3 because it’s essentially insulating the special interests who run things in Tallahassee,” said University of Florida political science professor Daniel Smith at the time. “It really squelches the voice of ordinary citizens.”
Sen. Smith’s proposal, filed for consideration during Florida’s 2025 legislative session that begins March 4, would still require Florida voters’ approval in order for it to take effect. First, however, the proposal would need to overcome the hurdle of securing majority support from Florida’s Republican-controlled state Legislature, which is unlikely (especially since GOP-friendly business groups like the Chamber of Commerce have publicly stated support for increasing, now lowering the threshold).
If that did happen, however, the question of whether to change the threshold for approving constitutional amendments would still (ironically) have to go to Floridians for a vote. That’s because any revision or amendment to the state constitution must be approved by voters.
Under Smith’s proposal, this would occur “at the next general election or at an earlier special election specifically authorized by law.” A 60 percent vote of support, minimum, would be required for it to pass.
“Voters deserve to have their voices heard, and it is past time to reinstate the 50 percent threshold for the passage of Florida constitutional amendments and place power with the people where it belongs,” said Smith.
This post has been updated to include a statement from Sen. Smith.
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This article appears in Feb 19-25, 2025.