Florida Constitution
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The Florida Constitution is the document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of Florida, and establishes the basic law of the state.
Contents |
Florida's Early Constitutions
The 1838 Florida Constitution
One of the requirements for a territory to become a State of the Union is that its constitution be approved by Congress. In order to fulfill that requirement, an Act was passed by the Territorial Council in 1838, approved by Governor Richard Keith Call, calling for the election of delegates in October of 1838 to a convention to be held at St. Joseph, West Florida. The delegates were to draft a constitution and bill of rights for the Territory of Florida. The Constitutional Convention convened on December 3, 1838 with Robert R. Reid presiding as president and Joshua Knowles secretary. The work of the Convention was carried out by eighteen committees, whose members were familiar with that particular area of government. The process was a relatively simple one, since they used the constitutions of several other southern states as models. Only on the subject of banking did much debate take place. The Convention adjourned sine die on January 9, 1839.
A handwritten copy of the 1838 Constitution or "Form of Government for the People of Florida," signed by Convention President, Robert Raymond Reid, and Convention Secretary, Joshua Knowles resides at the State Archives of Florida. Considered "a secretary's copy," this document is the only known copy of the 1838 Constitution. The original Constitution, signed by all the delegates, has never been found.
Ordinance of secession, 1861
The onrush of the Civil War brought in Florida the election in 1860 of a convention "for the purpose of taking into consideration the position of this State in the Federal Union." Pursuant to an Act of the Legislature approved November 30, 1860, Governor Madison S. Perry issued a proclamation calling an election on Saturday, December 22, 1860, for delegates to a Convention to address the issue of whether Florida had a right to withdraw from the Union. The Secession Convention met on January 3, 1861 in Tallahassee and produced for adoption on January 10 an Ordinance of Secession and a Constitution which largely altered the existing Constitution by substituting "Confederate States" for "United States" declaring Florida to be "a sovereign and independent nation." Hon John C. McGehee of Madison County was elected President of the Convention, and the Convention ratified the Constitution adopted by the Confederate States of America on April 13 and adjourned sine die on April 27, 1861.
Since the Convention generally approved of Governor Perry's actions it made no move to interfere with his administration; however, when Governor Milton took office in October of 1861 and reversed some policies of his predecessor, a move was started to reconvene the Convention. President McGehee issued a proclamation on December 13 for the convention to meet on January 14, 1862, at Tallahassee. McGehee expressed concern over two matters: the state's finances and the powers of the Governor during wartime. To remedy the later, the members appointed an Executive Council of four men to share the executive authority because they felt that the powers of a wartime executive should not be placed in the hands of one man. The Convention adjourned sine die on January 27, 1862.
The 1865 Florida Constitution
To re-enter the union under Presidential Reconstruction a constitution was created by a convention called by the appointed governor. On October 10, 1865, the Constitutional Convention met in Tallahassee to nullify the Ordinance of Secession of 1861 and adopt a new constitution for the State of Florida. The new constitution went into effect on November 7, 1865, without being submitted to the people for ratification. The Constitution of 1865 was never fully effective. The U. S. Congress rejected it and put Florida under Radical Reconstruction, i.e. military rule until July, 1868, when a new constitution was written.
The 1868 Florida Constitution
The Reconstruction constitution returned civilian control of the state.
Florida became subject to the military authority of the federal government in 1867. Pursuant to an Act of Congress, General John Pope, Commander of the 3rd Military District, issued an order on April 8, 1867, dividing the 39 counties of the State into 19 districts for the election of delegates to a convention to frame a new State Constitution. The Constitution had to conform with the Federal Constitution and with the 13th and 14th Amendments. The Convention met in Tallahassee on January 20, 1868. As the Convention began its functions, bitter factions were formed, and only under after federal government intervention was the Convention brought under control. The Convention reconvened on February 18, 1868, and Horatio Jenkins, Jr. was elected President. The Constitution was adopted by the people of Florida in May, 1868. It conferred electoral franchise upon "male persons" instead of "white male persons" as by the 1865 Constitution. With its acceptance by the federal military authorities, the State of Florida was recognized as being restored to the Union, and its Senators and Representatives were admitted to Congress.
The 1885 Florida Constitution
The 1885 Constitution reversed some of the aspects of the 1868 Constitution. It established the makeup of the state government that continued until 1968.
The 1885 Legislature enacted Chapter 3577 calling for a Constitutional Convention in order to revise the Constitution of 1868. In May, 1885 a general election for the selection of delegates was held throughout the state. The Convention met in Tallahassee from June 9 to August 3, 1885. Samuel Pasco of Jefferson County presided. Pursuant to Ordinance No. 1 of the Convention, the Constitution was submitted to the citizens of Florida for ratification in November of 1886. The 1885 Constitution was ratified by a 31,803 to 21,243 vote.
The new constitution legitimized poll taxes as prerequisites for voting, thus contributing to the disenfranchisement of blacks.
Proposal and ratification of the current Constitution
The current Florida Constitution, the Constitution of 1968, was proposed on June 24-July 3rd of 1968 via three joint resolutions in special sessions of the Florida Legislature. House Joint Resolution 1-2X included all revisions except for Article V, Artlcle VI, and Article VIII. Senate Resolution 4-2X proposed the new Article VI which relates to elections and suffrage. Senate Resolution 5-2X proposed a new Article VIII which defined law regarding local government. Article V was included from the 1885 constitution as amended.
The constitution was ratified via referendum by the electorate on November 5, 1968.
Provisions of the current Florida Constitution
Declaration of Rights
The Florida Constitution begins with a Declaration of Rights, which is similar to the U.S. Bill of Rights but, like most state bills of rights, is broader than the federal version. Among other things, the Florida Constitution guarantees trial by jury, due process, freedom of the press and of religion. It also forbids, among other things, the passage of ex post facto laws and cruel and unusual punishment.
Structure of the state government
The Florida constitution provides for an executive, legislative, and judicial branch. Unlike the U.S. Constitution, it mandates a separation of powers. Furthermore, the Florida Constitution places eight-year term limits on all legislative and executive office holders.
Article III requires that the Florida Legislature be a bicameral body, with an upper house of not more than 40 members elected to four year terms, and a lower house of not more 120 members elected to two year terms.
Article IV governs the election of the Florida Governor and Lieutenant Governor, and of the Florida Cabinet. It currently specifies that the cabinet will consist of an Attorney General, a Chief Financial Officer, and a Commissioner of Agriculture with specifically defined powers, and it designates them as elected offices rather than appointed.
Article V establishes the Florida Supreme Court and the Florida District Courts of Appeal, describes how they are to be appointed, and sets forth theirheebeejeebee jurisdiction.
The Florida Supreme Court has interpreted the "separation of powers" requirement to prohibit both encroachment by any one branch on the powers held by another, and delegation by any branch of its powers.
Limits on legislation
- Single subject requirement - all bills must embrace a single subject.
- General laws vs. special laws - laws that only affect one area of the state either require notice to the residents of that area, or must be approved by the voters in the area. Some special laws are prohibited, such as those defining crimes differently in different places.
Counties and municipalities
Article VIII covers local government, distinguishing between charter counties and non-charter counties. Two key distinctions are set forth therein:
- Charter counties may pass any laws that are not inconsistent with the Florida Constitution, whereas non-charter counties may only pass laws where the state legislature authorizes them to do so.
- Municipal laws over-ride inconsistent laws passed by non-charter counties; for chartered counties, the charter itself will determine which law governs.
Limitations on taxation and other means of generating revenue
Article VII specifically prohibits the levying of an income tax, and instead requires that revenue be generated through property taxes and bonds. The amendment further delineates the purposes for which bonds can be issued, and requires that certain bonds be approved by the voters in the affected area.
Homestead exemption
Florida's homestead exemption provision, laid out in Article X, section 4, is known for being one of the most protective in the nation for resident property owners.
Amendments
Amendment process
In the Florida Constitution there exist five ways that the Constitution can be amended. The amendment processes are detailed in Article XI of the Constitution. Amendments proposed via all five methods must be ratified via a simple majority by the voters in a referendum held simutaneously with the next general election before they become a part of the Constitution.
Unlike the federal constitution, when the Florida Constitution is amended the official text of the document is edited, removing language that is no longer in force.
However, the constitution ussually includes history notes appended to the sections indicating when parts of it were amended. However, sections that were a part of the 1968 revision do not contain history notes prior to 1968. The section, indexes, headings, and notes are considered editorial features and not part of the Constitution per se.
- Amendments to the constitution may be proposed by the state legislature with a three-fifths vote of the membership of both houses.
- A Constitutional Revision Committee consisting of 37 members meets every 20 years to consider amendments and propose to the Florida Constitution.
- Voters have the ability via gaining a certian number of signatures, and after a simple majority approval by voters in an election, to call a Constitutional Convention.
- The Taxation and Budget Commission, consisting of 22 members, will meet in 2007 and once every 20 years following to propose amendments.
- Via a ballot initiative process where voters may collect a certian number of signatures in support of a ballot initiative, from voters. Upon the necessary number of signatures being acquired in the necessary time frame, the ballot amendment will appear on the ballot in a refendum coinciding with the next general election.
Notable Amendments
Many diverse, and sometimes controversial amendments, have been proposed to the Florida Constitution over the years, from modifications to the amendment process itself to parental notification of a minor's termination pregnancy and minimum wage increases, which appeared in the 2004 ballot.
High Speed Rail Amendment
On the November 5th, 2000 general election, voters approved a citizens initiative referendum to amend the Florida Constitution to require the construction of a state wide high speed rail system connecting all of the states major cities. The rail system would likely run alongside the states interstate system, and would likely be similar to those found in Japan and other locales.
However, in 2004 the amendment was removed from the constitution via another ballot referendum. Gov. Jeb Bush and some other legislators pushed for the inclusion of the ballot item to remove the amendment, claiming the rail network would be too costly to build. Jeb Bush however claims that he is not opposed to the eventual construction of such a system, but that it should be managed by the Florida Department of Transportation. Proponents dispute the claim that the cost would be too high and say the costs were over-exaggerated and taken out of context.
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Sources
Portions of this article have been modelled after the Maryland Constitution article.
External links
- Florida's Early Constitutions The Florida Constitutions of 1838, 1861, 1865, 1868, and 1885 are available with transcripts and digitized images of the original documents. From the State Library & Archives of Florida.
- Florida Constitution The current Constiution, From Florida Legislature Website
