Citizen Initiative to Amend the Florida Constitution
A grassroots group, Floridians for Clean Water, wants to place a constitutional amendment on the 2026 ballot. The amendment would require the Legislature to fund wastewater treatment upgrades and would create a new commission. They have collected 400,000 valid signatures statewide, including 3% of voters in 8 congressional districts. They have 14 months before the signature deadline. Florida law requires 8% of the total votes cast in the last presidential election (about 891,589 signatures) and at least 8% in half of the congressional districts, plus a 60% approval threshold. The group also wants to include a provision that would take effect immediately and override an existing statute. The Attorney General has not yet reviewed the ballot title. They ask whether they are on track and what obstacles remain.
1. What must the group do to qualify for the ballot? Identify the specific requirements it has not yet met.
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The group is short on both signature counts. It needs about 891,589 valid signatures statewide, and it has 400,000, so it must gather roughly 491,589 more. It also needs signatures equal to 8% of voters in at least half of Florida's congressional districts; it currently has only 3% in 8 districts. The 14-month timeline makes the petition drive feasible but tight, and invalid signatures will raise the effective target. The group must also submit the ballot title and summary to the Attorney General for review, and the Florida Supreme Court can review whether the title and summary comply with the law. A financial impact statement must be prepared. The amendment must satisfy the single-subject rule, meaning it cannot combine unrelated changes. The 60% approval threshold applies on election day, not during qualification, but it is a major hurdle because it requires broad bipartisan support.
2. The group wants the amendment to take effect immediately and override an existing statute. How does the Florida Constitution treat that request?
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If the amendment is approved by 60% of voters, it becomes part of the Constitution and prevails over conflicting statutes. The group may specify an immediate effective date, but that does not excuse it from the single-subject rule or the requirement that the ballot title and summary be clear and accurate. The Supreme Court will scrutinize whether the amendment bundles separate subjects, such as a funding mandate and a new commission, without a logical connection. If the provisions are germane to the same water-quality purpose, they may survive; if they are logrolling, the amendment can be kept off the ballot. The amendment also cannot conflict with the U.S. Constitution. The group should expect legal challenges to the title and summary, so precise drafting matters as much as signature collection.