When Does Florida Require a Supermajority Vote?

Florida requires a supermajority vote in a handful of specific situations, and the threshold depends on what is being decided. The Florida supermajority vote requirements range from 60% of voters approving a constitutional amendment to two-thirds of the full legislative membership for raising taxes, exceeding the state revenue cap, or expelling a sitting legislator. Veto overrides and legislative proposals of constitutional amendments sit between those poles, and local governments face their own graduated thresholds for raising property tax rates.

Passing a Constitutional Amendment

Any proposed amendment or revision to the Florida Constitution must receive at least 60% of the votes cast on the measure before it takes effect. Article XI, Section 5(e) sets this threshold, and it applies no matter how the amendment reached the ballot: through the Legislature, a citizen petition, the Constitution Revision Commission, or the Taxation and Budget Reform Commission.1Florida Senate. The Florida Constitution

A measure that clears a simple majority but falls short of 60% fails. That has happened repeatedly since voters themselves raised the bar in 2006.

The Legislature Proposing an Amendment

Before voters ever see a legislatively proposed amendment, the Legislature has to clear its own supermajority. Article XI, Section 1 requires a three-fifths vote of the membership of each house to propose an amendment or revision by joint resolution.2Justia Law. Florida Constitution

Because the threshold runs against the full membership and not just those present, the math is fixed. In the 120-member House, that is at least 72 votes. In the 40-member Senate, at least 24. The amendment then still has to clear the 60% voter threshold at the general election.

Raising State Taxes or Fees

Article VII, Section 19 of the Florida Constitution requires a two-thirds vote of the full membership of each house to impose a new state tax or fee, or to raise an existing one.1Florida Senate. The Florida Constitution That works out to at least 80 votes in the House and 27 in the Senate.

The provision defines “raise” more broadly than most people assume. Under Section 19, each of the following counts:

  • Increasing the percentage or per-mill rate of an existing tax or fee.
  • Raising the dollar amount of a fixed tax or fee.
  • Decreasing or eliminating an existing state tax exemption or credit.

Shrinking a tax break triggers the supermajority the same way a straight rate hike does. Section 19 also requires each tax or fee change to appear in a standalone bill with no other subject, so revenue increases cannot be tucked inside unrelated legislation.1Florida Senate. The Florida Constitution

One boundary matters here: Section 19 governs state taxes and fees only. Taxes and fees imposed by counties, municipalities, school boards, or special districts are governed by separate rules and are specifically excluded.

Exceeding the State Revenue Cap

Florida caps total annual state revenue under Article VII, Section 1(e). The cap equals the prior year’s allowed revenue plus an adjustment tied to the growth of Florida personal income over the most recent twenty quarters.3FindLaw. Florida Constitution Art VII 1

The Legislature can authorize revenue above the cap, but only by a two-thirds vote of the full membership of each house, in a separate bill addressing nothing else. That vote cannot occur until at least 72 hours after the bill’s third reading.

Overriding a Governor’s Veto

Article III, Section 8(c) lets the Legislature override a gubernatorial veto if each house re-enacts the bill by a two-thirds vote.1Florida Senate. The Florida Constitution The same mechanism applies to a line-item veto of the general appropriations bill.

The constitutional text says “two-thirds vote” without adding “of its membership.” The Florida House of Representatives defines this as two-thirds of the members voting in each chamber,4Florida House of Representatives. Legislative Glossary a lower bar than the tax supermajority, which explicitly requires two-thirds of the full membership. Veto overrides are rare in Florida regardless of the distinction.

Expelling a Legislator

Each chamber can remove one of its own members, but only by a two-thirds vote of its membership under Article III, Section 4(d).2Justia Law. Florida Constitution Because the threshold runs against total elected members, expulsion takes at least 80 votes in the House and 27 in the Senate.

The same section allows either chamber to punish a member for contempt or disorderly conduct by a simple majority. Expulsion is reserved for the two-thirds standard.

Local Property Tax Rate Increases

Local governments face their own supermajority requirements when they want to set a millage rate above the rolled-back rate. Section 200.065 of the Florida Statutes uses a tiered structure:

  • Up to 110% of the rolled-back rate requires a two-thirds vote of the full membership of the governing body.
  • Above 110% of the rolled-back rate requires either a unanimous vote of the governing body (or three-fourths if the body has nine or more members), or voter approval in a referendum.

Counties and municipalities can also hold referendums to temporarily exceed statutory millage caps, but any such increase is limited to two years.5The Florida Legislature. Florida Statutes Chapter 200 Individual county and municipal charters may impose additional supermajority requirements for actions like amending the charter or issuing general obligation bonds, and those thresholds vary from one jurisdiction to the next.