The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: SJR 204
INTRODUCER: Senator Brandes
SUBJECT: Abolishing the Constitution Revision Commission
DATE: February 16, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McVaney McVaney GO Favorable
2. McVaney Phelps RC Favorable
I. Summary:
SJR 204 abolishes the Constitution Revision Commission by repealing provisions establishing it
in the State Constitution. Currently, the State Constitution requires that a constitution revision
commission be convened once every 20 years to examine the State Constitution and propose any
amendments that it deems appropriate.
If this joint resolution is agreed to by three-fifths of the membership of each house of the
legislature, the constitutional amendment proposed in the resolution will be placed on the 2022
General Election ballot or at an earlier special election specifically authorized by law for that
purpose. If approved by at least 60 percent of the votes cast on the measure, the proposed
amendment will take effect January 3, 2023.
II. Present Situation:
Overview
The State Constitution requires that a constitution revision commission (commission) be
established every 20 years and that it have the authority to propose to voters a revision of all or
any part of the State Constitution. The most recent commission convened in 2017-2018, and
proposed seven amendments to the State Constitution which appeared on the 2018 General
Election ballot.
Constitution Revision Commission
Origin and History
The State Constitution was revised extensively in 1968 by way of three joint resolutions
proposed by the legislature and approved by the voters. The revisions included the establishment
of a constitution revision commission as a means of proposing constitutional revisions to the
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voters, and the requirement that it convene once every 20 years, beginning in 1977. Accordingly,
three Commissions have convened: in 1977-1978, 1997-1998, and most recently in 2017-2018.1
Members
The State Constitution requires that the commission be comprised of 37 members, and it
provides guidelines for the selection of these members. The Attorney General must serve on the
commission, and the rest of the members must be chosen by the Governor (15), Speaker of the
House (9), President of the Senate (9), and the Chief Justice of the Florida Supreme Court (3).
Additionally, the Governor must appoint a chair from among the 37 members.2
Task, Procedures, and Authority
The commission’s task is to examine the State Constitution and decide which, if any,
amendments to propose to the voters. The amendments must be submitted to the Secretary of
State at least 180 days before the next general election.3 In turn, the amendments must be
submitted to the voters at the next general election held more than 90 days after submission to
the Secretary of State. To become effective, an amendment must be approved by at least 60
percent of the votes cast on the measure.4
The constitutional provision giving rise to the commission does little to prescribe how a
commission must go about its task. Indeed, it says only that the commission must convene at the
call of its chair, adopt rules of procedure, and “hold [an unspecified number of] public
hearings.”5
The State Constitution May Be Amended Only through the Processes it Prescribes
The State Constitution provides that it may be amended if the voters approve an amendment
originating from one of five sources: the legislature, a constitution revision commission, a citizen
initiative, a constitutional convention, or a taxation and budget reform commission.6
The Florida Supreme Court has stated that these processes are the only ways by which it may be
amended:
The Constitution is the charter of our liberties. It cannot be changed, modified or
amended by [governmental] fiat. It provides within itself the only method for its
amendment, and . . . When a constitution directs how a thing shall be done, that is
in effect a prohibition to its being done in any other way.7
1
Constitution Revision Commission, History, https://crc.law.fsu.edu/about/history.html (last visited Sept. 11, 2019).
2
FLA. CONST. art. XI, s. 2.
3
FLA. CONST. art. XI, s. 2.
4
FLA. CONST. art. XI, s. 5.
5
FLA. CONST. art. XI, s. 2.
6
FLA. CONST. art. XI.
7
Browning v. Florida Hometown Democracy, Inc., PAC, 29 So. 3d 1053, 1064 (Fla. 2010) (internal citations and quotations
omitted); accord State v. Florida State Imp. Com'n, 60 So. 2d 747, 754 (Fla. 1952) (Terrell, J., and Adams, C.J., concurring)
abrogated on other grounds by Boschen v. City of Clearwater, 777 So. 2d 958 (Fla. 2001).
BILL: SJR 204 Page 3
Joint Resolution
A joint resolution by the legislature is one of the ways in which an amendment to the State
Constitution may originate.8 Like a bill, it may begin in either house of the legislature.
To be submitted to the voters, a joint resolution must be agreed to by three-fifths of the
membership of each house.9 Unless expedited by the legislature, the joint resolution is then
submitted to the voters at the next general election. If the amendment proposed in the resolution
is approved by at least 60 percent of the votes cast on the measure, it becomes effective in the
January following the election unless otherwise specified in the amendment or in a revision of
the constitution.10
III. Effect of Proposed Changes:
SJR 204 proposes to amend the State Constitution to repeal the provisions that establish a
constitution revision commission. The joint resolution also amends other constitutional
provisions that reference a constitution revision commission. These changes effectively abolish
the constitution revision commission and a commission’s authority to propose constitutional
amendments to be placed on the ballot for approval by the voters.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
8
FLA. CONST. art. XI. An amendment or revision may originate as a proposal by the legislature, a constitution revision
commission, a constitutional convention, a taxation and budget reform commission, or the people directly, by way of an
initiative.
9
FLA. CONST. art. XI, s. 1.
10
FLA. CONST. art XI, s. 5.
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V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The Department of State, Division of Elections, provided the following information
regarding the cost of advertising the proposed amendment contained in the resolution:
The statewide average cost for the Division of Elections to advertise
constitutional amendments, in English and Spanish, in newspapers for the
2020 election cycle was $86.85 per English word of the originating
document. This cost does not reflect the cost of the initial Spanish
translation. This cost also does not include the cost of printing and
distributing required by section 101.71, Fla. Stat., to provide a sufficient
number of copies in poster or booklet form of the constitutional
amendments for each of the 67 Supervisors of Elections to post or make
available at each polling room or each voting site. Again the state law
requirement has historically been implemented to print and distribute
booklets which include the ballot title, ballot summary, the full text of the
constitutional amendment, and if applicable the financial impact
statement.
With the 2019 legislative change in section 100.371(13)(e)4., Fla. Stat.,
the summary of the initiative financial information statement (distinct
from the financial impact statement) was also included as part of the
booklets but not the newspaper advertising for 2020 and thereafter. This
did increase costs of printing/distributing the booklets and the cost of
Spanish translation, as required by law, including the Voting Rights Act.
Accurate cost estimates for the next constitutional amendment advertising
cannot be determined until the total number of amendments to be
advertised is known and updated quotes are obtained from the
newspapers.11
11
Email from W. Pierce Schuessler, Director of Policy and Budget, Florida Department of State (Jan. 20, 2021) (on file with
the Senate Committee on Governmental Oversight and Accountability).
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VI. Technical Deficiencies:
Considering that a taxation and budget reform commission (TBRC) is substantially similar to a
constitution revision commission, the Legislature may wish to consider proposing an amendment
to the State Constitution to abolish the TBRC.
The TBRC, created by Article VI, s. 6 of the State Constitution, is comprised of appointees who
have the power to propose constitutional amendments directly to the electors. These amendments
may include a “revision of this constitution or any part of it dealing with taxation or the state
budgetary process.”12
VII. Related Issues:
None.
VIII. Statutes Affected:
None.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
12
FLA. CONST. art. XI, s. 6(e).