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 Ethics and Elections
BILL: SJR 536
INTRODUCER: Senator Ingoglia
SUBJECT: Term Limits Applicable to State Representatives and State Senators
DATE: March 7, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Biehl Roberts EE Pre-meeting
2. JU
3. RC
I. Summary:
SJR 536 proposes an amendment to the Florida Constitution to make existing term limits for
state legislators cumulative instead of consecutive and provides a schedule for implementation of
the changes.
If adopted by the Legislature, the proposed amendment will be submitted to Florida’s electors for
approval or rejection at the next general election in November 2026.
If approved by at least 60 percent of the electors voting on the measure, the proposed amendment
takes effect upon such approval.
II. Present Situation:
Term Limits in Florida’s Constitution
Florida’s Constitution establishes term limits for the following elected officials:
• Florida Governor;
• Florida representatives;
• Florida senators;
• Florida Lieutenant Governor;
• Florida Cabinet members;
• U.S. representatives from Florida; and
• U.S. senators from Florida.
1
1
Article VI, s. 4(c), FLA. CONST. See also art. IV, s. 5(b), FLA. CONST.
REVISED: BILL: SJR 536 Page 2
Term limits imposed by states for federal elected officials were held to be unconstitutional, and
thus unenforceable, by the U.S. Supreme Court in 1995.
2
The Florida Constitution states that none of the specified officials, except for the office of
Governor, which is governed by a slightly different provision, may appear on a ballot for
reelection if, by the end of the current term of office, the person will have served or, but for
resignation, would have served in that office for eight consecutive years.
3
These term limits
became effective in 1992 and were prospective, so that officials reelected to a consecutive term
in 1992 could serve another consecutive eight years before reaching the term limit.
4
Requirements for Proposed Constitutional Amendments
The Florida Constitution authorizes the Legislature to propose amendments to the Florida
Constitution by joint resolution approved by a three-fifths vote of the membership of each
house.
5
Such amendment must be placed before the electorate at the next general election
6
held
more than 90 days after the proposal has been filed with the Secretary of State or at a special
election held for that purpose.
7
Constitutional amendments submitted to the electors must be
printed in clear and unambiguous language on the ballot.
8
Proposed amendments or constitutional revisions must be published in a newspaper of general
circulation in each county where a newspaper is published.
9
The amendment or revision must be
published once in the 10th week and again in the 6th week immediately preceding the week the
election is held.
The Florida Constitution requires approval by 60 percent of electors voting on a measure for a
constitutional amendment to take effect.
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The amendment, if approved, becomes effective on
the first Tuesday after the first Monday in January following the election, or on such other date
as may be specified in the amendment
III. Effect of Proposed Changes:
SJR 536 proposes an amendment to the Florida Constitution to revise existing term limits of
eight consecutive years for state senators and state representatives. Instead, the joint resolution
provides for a cumulative term limit of sixteen total years in state legislative office.
2
See U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995). See also Ray v. Mortham, 742 So. 2d 1276 (Fla. 1999)
(holding that term limits imposed on elected state officials were severable from provisions imposing term limits on elected
federal officials).
3
Article VI, s. 4(c), FLA. CONST.
4
See Art. VI, s. 4, FLA. CONST. (1992); Billy Buzzett and Steven J. Uhlfelder, Constitution Revision Commission: A
Retrospective and Prospective Sketch, The Florida Bar Journal (April 1997), https://www.floridabar.org/the-florida-bar-
journal/constitution-revision-commission-a-retrospective-and-prospective-sketch (last visited January 12, 2024).
5
Article XI, s. 2, FLA. CONST.
6
Section 97.021(16), F.S., defines “general election” as an election held on the first Tuesday after the first Monday in
November in the even-numbered years, for the purpose of filling national, state, county, and district offices and for voting on
constitutional amendments not otherwise provided for by law.
7
Article XI, s. 5(a), FLA. CONST.
8
Section 101.161(1), F.S.
9
Article XI, s. 5(d), FLA. CONST.
10
Article XI, s. 5(e), FLA. CONST. BILL: SJR 536 Page 3
If adopted by the Legislature, the proposed amendment will be submitted to Florida’s electors for
approval or rejection at the next general election in November 2026. The joint resolution
provides the following ballot statement:
TERM LIMITS FOR STATE SENATORS AND STATE REPRESENTATIVES. -The
State Constitution provides that state representatives and state senators are limited to
serving 8 consecutive years in either office. This amendment specifies that state
representatives and state senators are limited to 16 nonconsecutive years of service. This
revised term limit would take effect after the November 3, 2026, general election, and
provides that those seeking re-election during such election or election or re-election in
subsequent elections may complete their terms, regardless of such limits.
If approved by at least 60 percent of the electors voting on the measure, the proposed amendment
takes effect upon such approval. The joint resolution provides a schedule for implementation of
the amendment that specifies:
• A sitting state legislator who has already served a total of at least sixteen years in state
legislative office may, if reelected, still serve out the total of eight consecutive years in that
office that he or she would be allowed under current law. Such person may not serve in
excess of twenty-four total years regardless of whether such service was consecutive or
nonconsecutive.
• A state legislator whose allowable eight consecutive years in one office are shortened as a
result of reapportionment may run for one more term.
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. BILL: SJR 536 Page 4
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
Article XI, Section 5(d) of the Florida Constitution requires proposed amendments or
constitutional revisions to be published in a newspaper of general circulation in each
county where a newspaper is published. The amendment or revision must be published in
the 10th week and again in the 6th week immediately preceding the week the election is
held.
The Division of Elections (division) within the Department of State pays for publication
costs to advertise all constitutional amendments in both English and Spanish,
11
typically
paid from non-recurring General Revenue funds.
12
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
newspapers.
There is an unknown additional cost for the printing and distributing of the constitutional
amendments, in poster or booklet form, in English and Spanish, for each of the 67
Supervisors of Elections to post or make available at each polling room or each voting
site, as required by s. 101.171, F.S. Historically, the division has printed and distributed
booklets that include the ballot title, ballot summary, text of the constitutional
amendment, and, if applicable, the financial impact statement.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This resolution amends Article VI, section 4 of the Florida Constitution.
This resolution creates a new Article XII of the Florida Constitution.
11
Pursuant to Section 203 of the Voting Rights Act (52 U.S.C.A. § 10503)
12
See, e.g., Ch. 2022-156, Specific Appropriation 3137, Laws of Fla. BILL: SJR 536 Page 5
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.