Why 57% isn't enough: The history of Florida's 60% rule for amendments

In Florida, winning a majority is not enough to change the state constitution. Since 2007, a proposed amendment must win at least 60% of the vote to pass, and several measures that won clear majorities have failed because of it.

How the rule was adopted

The Legislature put the 60% requirement on the November 2006 ballot as Amendment 3. House Joint Resolution 1723 passed the House 86-30 and the Senate 37-3 in 2005, according to Wikipedia's entry on the measure. Before then, 50% plus one was enough.

Supporters argued special interests were taking over the citizen initiative process, WFSU reported. Wikipedia's entry also points to a 2002 amendment that banned cramped cages for pregnant pigs, which drew backlash in Tallahassee.

The new rule also kept a separate, higher bar: an amendment that creates a new state tax or fee needs two-thirds of the vote.

Passed without 60%

Amendment 3 itself did not clear the bar it created. It won 57.78% of the vote, with 42.22% against, according to NBC 6 South Florida. Because it was decided under the old majority rule, it passed and took effect in January 2007.

Majorities that fell short

In 2014, a medical marijuana amendment won 57.6% and failed, according to WFSU. University of Florida political scientist Dan Smith told the station that level of support was higher than most medical marijuana measures that passed elsewhere.

In 2024, two high-profile measures met the same fate. Amendment 3, which would have legalized recreational marijuana for adults, got 55.9% of the vote. Amendment 4, which would have protected abortion access, got 57.2%, according to NBC 6. Each drew more than 5.9 million yes votes, and both failed. WFLX reported the same outcome, noting that more than 100 amendments have been proposed in Florida since 1986.

Why it matters

The practical effect is that a measure can win the most votes and still lose. Under the 60% rule, a bloc of just over 40% of voters is enough to block a proposed change.

How we reported this: This explainer was drafted with AI assistance from the sources linked above, and every fact was checked against those sources. See an error? Contact us and we'll correct it.

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