In the upcoming 2023 Florida election, voters will have the opportunity to weigh in on several proposed amendments to the state constitution. These amendments cover a wide range of topics, from criminal justice and taxation to the environment and education. If approved by a majority of voters, these amendments will go into effect on January 1, 2024.
The Florida Constitution Revision Commission, a 37-member citizen panel, meets every 20 years to review the state constitution and propose amendments. The commission's proposals are then placed on the ballot for voters to decide. In 2023, there are nine amendments on the ballot.
Let's take a closer look at each amendment and its potential impact on Floridians.
florida amendments 2023
Voters to decide on nine amendments.
- Criminal justice reform.
- Tax breaks for homeowners.
- Improved solar energy access.
- Increased affordable housing.
- Expanded voter access.
- Environmental protection.
- Ethics and lobbying reform.
- Judicial retention changes.
Election day is November 8, 2023.
Criminal justice reform.
Amendment 6 on the 2023 Florida ballot proposes several changes to the state's criminal justice system.
- Restores voting rights to felons.
Currently, felons in Florida are permanently barred from voting unless they have their voting rights restored by the governor and cabinet. Amendment 6 would automatically restore voting rights to felons who have completed their sentences, including probation and parole. However, the amendment would not apply to people convicted of murder or sexual offenses.
- Prohibits excessive fines and fees.
Amendment 6 would prohibit courts from imposing excessive fines and fees on defendants. This provision is intended to reduce the financial burden on people who are arrested or convicted of crimes.
- Requires unanimous jury verdicts in felony cases.
Currently, Florida is one of only two states that allow non-unanimous jury verdicts in felony cases. This means that a defendant can be convicted of a crime even if one or more jurors believe they are innocent. Amendment 6 would require unanimous jury verdicts in all felony cases.
- Bans solitary confinement for juveniles.
Amendment 6 would prohibit the use of solitary confinement for juveniles in Florida prisons and jails. This provision is intended to protect the mental and physical health of young people who are incarcerated.
If approved by voters, Amendment 6 would go into effect on January 1, 2024.
Tax breaks for homeowners.
Amendment 2 on the 2023 Florida ballot proposes a homestead tax exemption for certain homeowners. If approved by voters, the amendment would provide a $50,000 property tax exemption for owner-occupied homes with a just value of $250,000 or less. The exemption would be phased in over two years, with a $25,000 exemption in 2024 and a $50,000 exemption in 2025.
The amendment also includes a provision that would allow homeowners to transfer their Save Our Homes benefit to a new homestead property of equal or lesser value. This provision is intended to help homeowners who are downsizing or moving to a new home.
Amendment 2 is supported by a number of groups, including the Florida Association of Realtors and the Florida Chamber of Commerce. Opponents of the amendment argue that it would benefit wealthy homeowners at the expense of renters and businesses.
The Florida Legislature referred Amendment 2 to the ballot during its 2022 legislative session. If approved by voters, the amendment would go into effect on January 1, 2024.
Here are some additional details about Amendment 2:
- The amendment would apply to all owner-occupied homestead properties, regardless of the owner's age or income.
- The amendment would not affect the existing homestead exemption for disabled veterans and their surviving spouses.
- The amendment would not increase taxes for renters or businesses.
Improved solar energy access.
Amendment 1 on the 2023 Florida ballot proposes to expand solar energy access in the state. If approved by voters, the amendment would make it easier for homeowners and businesses to install solar panels and sell excess solar energy back to the grid.
Specifically, the amendment would:
- Remove the cap on net metering.
Currently, Florida has a cap on net metering, which limits the amount of solar energy that homeowners and businesses can sell back to the grid at retail rates. Amendment 1 would remove this cap, allowing solar customers to receive full retail value for the solar energy they generate.
- Prohibit local governments from imposing fees or restrictions on solar energy systems.
Some local governments in Florida have imposed fees or restrictions on solar energy systems. Amendment 1 would prohibit local governments from doing this, ensuring that solar energy is treated fairly.
- Require utilities to offer solar energy programs.
Amendment 1 would require utilities to offer solar energy programs to their customers. These programs could include things like rebates, financing, and net metering.
Amendment 1 is supported by a number of groups, including the Florida Solar Energy Industries Association and the Southern Alliance for Clean Energy. Opponents of the amendment argue that it would increase costs for non-solar customers.
The Florida Legislature referred Amendment 1 to the ballot during its 2022 legislative session. If approved by voters, the amendment would go into effect on January 1, 2024.
Here are some additional details about Amendment 1:
- The amendment would apply to all homeowners and businesses in Florida.
- The amendment would not increase taxes for non-solar customers.
- The amendment would not require utilities to generate solar energy.
Increased affordable housing.
Amendment 3 on the 2023 Florida ballot proposes to increase the supply of affordable housing in the state. If approved by voters, the amendment would dedicate a portion of documentary stamp tax revenue to affordable housing programs.
Specifically, the amendment would:
- Dedicate a portion of documentary stamp tax revenue to affordable housing programs.
Documentary stamp taxes are paid when real estate is sold in Florida. Amendment 3 would dedicate a portion of this revenue to affordable housing programs, such as down payment assistance, rental assistance, and homeownership counseling.
- Create a new state fund for affordable housing.
The amendment would create a new state fund to receive the documentary stamp tax revenue dedicated to affordable housing. This fund would be used to provide grants and loans to affordable housing developers.
- Establish a new state agency to oversee affordable housing programs.
The amendment would create a new state agency to oversee affordable housing programs. This agency would be responsible for developing and implementing affordable housing policies and programs.
Amendment 3 is supported by a number of groups, including the Florida Housing Coalition and the Florida Association of Realtors. Opponents of the amendment argue that it would increase the cost of housing and that the state should not be involved in affordable housing.
The Florida Legislature referred Amendment 3 to the ballot during its 2022 legislative session. If approved by voters, the amendment would go into effect on January 1, 2024.
Here are some additional details about Amendment 3:
- The amendment would dedicate a portion of documentary stamp tax revenue to affordable housing programs, but it would not increase taxes.
- The amendment would create a new state fund for affordable housing, but it would not create a new state agency.
- The amendment would require the state to develop a plan for spending the documentary stamp tax revenue dedicated to affordable housing.
Expanded voter access.
Amendment 4 on the 2023 Florida ballot proposes to expand voter access in the state. If approved by voters, the amendment would make it easier for people to register to vote and cast a ballot.
Specifically, the amendment would:
- Allow same-day voter registration.
Currently, Florida is one of only a handful of states that does not allow same-day voter registration. Amendment 4 would allow people to register to vote on the same day they cast a ballot.
- Extend the early voting period.
Amendment 4 would extend the early voting period from 14 days to 21 days. This would give people more time to vote early, either in person or by mail.
- Make it easier to vote by mail.
Amendment 4 would make it easier to vote by mail by eliminating the requirement for a witness or notary signature. The amendment would also allow people to request a mail-in ballot online.
- Restore voting rights to felons who have completed their sentences.
Amendment 4 would restore voting rights to felons who have completed their sentences, including probation and parole. This provision is similar to Amendment 6, which is also on the 2023 ballot.
Amendment 4 is supported by a number of groups, including the League of Women Voters of Florida and the Florida Democratic Party. Opponents of the amendment argue that it would make it easier for people to commit voter fraud.
The Florida Legislature referred Amendment 4 to the ballot during its 2022 legislative session. If approved by voters, the amendment would go into effect on January 1, 2024.
Here are some additional details about Amendment 4:
- The amendment would allow same-day voter registration at all polling places.
- The amendment would extend the early voting period from 14 days to 21 days, but it would not change the hours that polling places are open during the early voting period.
- The amendment would make it easier to vote by mail, but it would not require all voters to vote by mail.
- The amendment would restore voting rights to felons who have completed their sentences, but it would not apply to people convicted of murder or sexual offenses.
Environmental protection.
Amendment 11 on the 2023 Florida ballot proposes to strengthen environmental protections in the state. If approved by voters, the amendment would:
- Require the state to maintain and restore the natural resources and environment of Florida.
This provision would require the state to take actions to protect and restore Florida's natural resources, including its water, air, land, and wildlife.
- Prohibit drilling for oil and gas in state waters.
This provision would ban offshore oil and gas drilling in state waters, which extend three miles from the coast.
- Increase funding for land conservation.
This provision would dedicate a portion of documentary stamp tax revenue to land conservation programs. Documentary stamp taxes are paid when real estate is sold in Florida.
- Create a new state agency to oversee environmental protection.
This provision would create a new state agency to oversee environmental protection and land conservation. The agency would be responsible for developing and implementing policies and programs to protect Florida's natural resources.
Amendment 11 is supported by a number of groups, including the Florida Conservation Voters and the Sierra Club. Opponents of the amendment argue that it would increase the cost of living and harm the state's economy.
The Florida Legislature referred Amendment 11 to the ballot during its 2022 legislative session. If approved by voters, the amendment would go into effect on January 1, 2024.
Ethics and lobbying reform.
Amendment 3 on the 2023 Florida ballot proposes a number of ethics and lobbying reforms. If approved by voters, the amendment would:
- Prohibit state officials from accepting gifts from lobbyists.
This provision would prohibit state officials, including legislators, from accepting gifts from lobbyists. The amendment defines a gift as anything of value, including meals, drinks, tickets to events, and travel expenses.
- Require lobbyists to register with the state.
This provision would require lobbyists to register with the state and disclose their clients and the issues they are lobbying on. The amendment would also require lobbyists to report all expenditures related to lobbying activities.
- Limit the amount of money that lobbyists can contribute to political campaigns.
This provision would limit the amount of money that lobbyists can contribute to political campaigns. The amendment would also prohibit lobbyists from bundling contributions, which is the practice of collecting contributions from multiple donors and then giving them to a candidate in a single contribution.
- Create a new state ethics commission.
This provision would create a new state ethics commission to oversee ethics and lobbying laws. The commission would be responsible for investigating ethics complaints and enforcing ethics laws.
Amendment 3 is supported by a number of groups, including Common Cause and the Florida League of Women Voters. Opponents of the amendment argue that it would make it more difficult for businesses to lobby the government and that the new ethics commission would be unnecessary.
The Florida Legislature referred Amendment 3 to the ballot during its 2022 legislative session. If approved by voters, the amendment would go into effect on January 1, 2024.
Judicial retention changes.
Amendment 5 on the 2023 Florida ballot proposes to change the way that judges are retained in office. If approved by voters, the amendment would:
- Require judges to face merit retention elections every six years.
Currently, judges in Florida are appointed by the governor and serve for life unless they are removed from office by impeachment or judicial discipline. Amendment 5 would require judges to face merit retention elections every six years. In these elections, voters would decide whether or not to retain the judge in office.
- Allow voters to remove judges from office for cause.
Amendment 5 would also allow voters to remove judges from office for cause. This provision would allow voters to recall a judge who has engaged in misconduct or who is unable to perform their duties.
Amendment 5 is supported by a number of groups, including the Florida Bar Association and the League of Women Voters of Florida. Opponents of the amendment argue that it would make judges more political and that it would undermine the independence of the judiciary.
The Florida Legislature referred Amendment 5 to the ballot during its 2022 legislative session. If approved by voters, the amendment would go into effect on January 1, 2024.
Here are some additional details about Amendment 5:
- The amendment would apply to all judges in Florida, including circuit court judges, county court judges, and appellate court judges.
- The amendment would not change the way that judges are appointed. Judges would still be appointed by the governor, but they would have to face merit retention elections every six years.
- The amendment would allow voters to remove judges from office for cause, but it would not allow voters to remove judges from office without cause.