Article XI, Section 3 — Citizens' Initiative: Can It Be Used Outside a General Election, and What Can a Governor Do?

Prepared for: Rodney C. Glover for Governor 2026 Date: March 2026 Subject: Constitutional pathway for Legislative Authority for Citizens outside of a Joint Resolution

The Core Question

You have concluded — correctly — that a Joint Resolution (Article XI, Section 1) requiring three-fifths agreement from both chambers of a legislature that is institutionally resistant to your platform is not a realistic pathway without political compromise you are unwilling to make. The question is whether Article XI, Section 3 — the Citizens' Initiative — provides an independent path, and whether it can be accelerated beyond the standard general election cycle. The answer is nuanced but ultimately encouraging.

What Article XI, Section 3 Actually Says

The full text of the Florida Constitution, Article XI, Section 3 reads:

"The power to propose the revision or amendment of any portion or portions of this constitution by initiative is reserved to the people, provided that, any such revision or amendment, except for those limiting the power of government to raise revenue, shall embrace but one subject and matter directly connected therewith. It may be invoked by filing with the custodian of state records a petition containing a copy of the proposed revision or amendment, signed by a number of electors in each of one half of the congressional districts of the state, and of the state as a whole, equal to eight percent of the votes cast in each of such districts respectively and in the state as a whole in the last preceding election in which presidential electors were chosen."

This is the foundational power. The people — not the Legislature, not the Governor — own this process. No legislative approval is required to begin it, and no legislative approval is required to place the amendment on the ballot once the signature threshold is met.

The Signature Threshold

The 8% requirement is calculated from the 2024 presidential election, in which approximately 10.1 million Floridians voted. The calculation:

This is a substantial but achievable threshold — it is the same process that placed marijuana legalization, minimum wage increases, and felon voting rights restoration on the Florida ballot.

Can It Be Done Outside a General Election?

The direct answer is: No — with one narrow exception.

Article XI, Section 5 governs when initiative amendments go to voters. It states:

"(b) A proposed amendment or revision of this constitution, or any part of it, by initiative shall be submitted to the electors at the general election provided the initiative petition is filed with the custodian of state records no later than February 1 of the year in which the general election is held."

This language is unambiguous. A citizens' initiative must go to a general election. The February 1 deadline is firm — miss it, and the amendment waits for the next general election cycle (2028).

The one exception — special elections for other amendment types:

Article XI, Section 5(a) does allow a special election for amendments proposed by joint resolution, revision commission, or constitutional convention — but only if the Legislature votes by three-fourths supermajority to call one. This exception does not apply to citizens' initiatives. The special election pathway is explicitly limited to non-initiative amendments.

Practical conclusion: For a citizens' initiative, the timeline is:

• Petition filed by February 1, 2028 → appears on November 2028 general election ballot
• If filed by February 1, 2030 → appears on November 2030 general election ballot

Can a Governor Force the Legislature to Move?

While a Governor cannot place a citizens' initiative on a special election ballot, a Governor has significant indirect leverage to create political pressure on the Legislature:

1. Veto Power as a Negotiating Tool

Under Article III, Section 8, the Governor has line-item veto power over the state budget and veto power over all legislation. A Governor committed to Legislative Authority for Citizens could publicly announce a veto posture — refusing to sign any budget or legislation that does not include a commitment to advance the constitutional amendment — creating direct political pressure without quid pro quo.

2. Calling the Legislature into Special Session

Under Article III, Section 3(c)(2), the Governor may convene the Legislature in extraordinary (special) session. The Governor cannot force the Legislature to pass anything during that session, but calling a special session specifically to consider the Legislative Authority for Citizens constitutional amendment forces a public vote — and a public record of every legislator who votes against it. That record becomes campaign material in their next election.

3. Refusing to Call Special Elections for Legislative Vacancies

Under Florida Statute § 100.111, when a vacancy occurs in the Legislature, the Governor has discretion over whether and when to call a special election to fill it. A Governor can use this timing leverage strategically.

4. Using the Bully Pulpit — The Most Powerful Tool

No law prevents a Governor from publicly championing the citizens' initiative process, directing state resources toward civic education about the initiative, using the Governor's office to organize and coordinate the petition drive, and publicly endorsing the effort. A sitting Governor who publicly backs a citizens' initiative and uses the office to mobilize 808,000 signatures fundamentally changes the political calculus for every legislator.

5. Attorney General Direction

The Governor appoints the Attorney General's priorities in certain areas. A Governor can direct the AG to issue formal legal opinions affirming the constitutional basis of Legislative Authority for Citizens, lending official state legal weight to the initiative.

The Strategic Pathway — What This Means in Practice

If you win the Governor's race in November 2026, here is the realistic constitutional pathway:

This is a two-year implementation window from taking office to having the amendment on the ballot — and three years to full implementation. That is not slow. The marijuana legalization campaign took nearly four years. The minimum wage amendment took two years. This timeline is realistic and achievable.

The 60% threshold is the critical hurdle. Article XI, Section 5(e) requires that any constitutional amendment receive at least 60% of the vote to be adopted. This is why building the broadest possible coalition — across party lines — is essential to the strategy.

Why the Citizens' Initiative Is Actually the Better Path

The Joint Resolution path (Article XI, Section 1) requires three-fifths of both chambers of a legislature that is currently controlled by a party with no incentive to reduce its own power. Even if achieved, it could be reversed by a future legislature through another joint resolution.

The citizens' initiative path, by contrast:

• Bypasses the Legislature entirely — no votes needed from legislators who oppose it
• Creates a constitutional mandate that cannot be undone by simple legislation
• Requires 60% of Florida voters to approve — giving it democratic legitimacy that no legislative act can match
• Builds a movement — the petition drive itself becomes the organizing infrastructure for the campaign and the governing coalition

The only thing the Legislature can do to stop a properly filed citizens' initiative is challenge it in court — and the Florida Supreme Court's review is limited to whether the amendment is properly single-subject and whether the ballot summary is accurate. The merits of the policy are not reviewable.

Summary

References

1. Florida Constitution, Article XI, Section 3 — Initiative. https://www.flsenate.gov/Laws/Constitution/Article11#3
2. Florida Constitution, Article XI, Section 5 — Amendment or revision election. https://www.flsenate.gov/Laws/Constitution/Article11#5
3. Florida Constitution, Article III, Section 3(c)(2) — Governor's power to call extraordinary sessions. https://www.flsenate.gov/Laws/Constitution/Article3
4. Florida Constitution, Article IV, Section 1(a) — Governor's executive power. https://www.flsenate.gov/Laws/Constitution/Article4
5. Florida Statute § 100.111 (2025) — Filling vacancy; special elections. https://www.flsenate.gov/Laws/Statutes/2025/100.111
6. Florida Statute § 100.371 (2025) — Initiatives; procedure for placement on ballot. https://www.flsenate.gov/Laws/Statutes/2025/100.371
7. Florida Constitution, Article XI, Section 5(e) — 60% approval requirement for constitutional amendments. https://www.flsenate.gov/Laws/Constitution/Article11#5