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The Florida Constitution is the state constitution of Florida, which outlines the state's framework for governance, including powers, structure, and limitations of the state government, individual and civil rights, and other matters. Florida has had six constitutions, adopted in 1812, 1838, 1861, 1868, 1885, and 1968. The current constitution, adopted in 1968, has been amended 146 times. It includes a Declaration of Rights, which is similar to the US Bill of Rights, but with more sections, guaranteeing rights such as trial by jury, due process, freedom of the press, and freedom of religion.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 6 |
| Current Constitution | Ratified on November 5, 1968 |
| Number of Articles | 12 |
| Number of Amendments | 146 |
| Last Amendment | November 5, 2024 |
| First Constitution | Spanish Constitution of 1812 |
| First Constitution as a U.S. Territory | 1838 |
| First Article | State's Bill of Rights |
| Second Article | Sets up the state's boundaries and provides for executive, legislative and judicial branches of government |
| Third Article | Establishes the Florida State Legislature as a bicameral body |
| Fifth Article | Establishes the appointment and jurisdiction of the Florida Supreme Court and the Florida District Courts of Appeal, as well as circuit and county courts |
| Eighth Article | Establishes local governments, from counties to municipalities and the transfer of powers |
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What You'll Learn
Florida's 1838 Constitution
Florida has been governed by six different constitutions since it joined the United States. The first constitution of Florida as a US territory was written and implemented in 1838.
The 1838 Constitution, also known as the "Form of Government for the People of Florida", was drafted by delegates from across the Territory of Florida who gathered in the town of Saint Joseph on December 3, 1838. The convention was presided over by Robert R. Reid, with Joshua Knowles as secretary. The delegates used the constitutions of several other southern states as models.
The 1838 Constitution established a one-term governor, a bicameral legislature, tight restrictions on banking, and a strict separation of church and state. It was approved by the United States Congress in 1845, and Florida was admitted to the Union as the 27th state. This constitution remained the basic governing document of the state through the Civil War.
In 1860, as the American Civil War loomed, an election was held for delegates to a convention to address the issue of whether Florida had the right to withdraw from the Union. The Secession Convention met in January 1861 and produced an Ordinance of Secession and a new Constitution, which made several changes directly related to Florida's secession, including substituting "Confederate States" for "United States" and declaring Florida "a sovereign and independent nation."
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The state's bill of rights
The Florida Constitution is the state constitution of Florida. It establishes and describes the powers, duties, structure, and function of the government of the U.S. state of Florida, and establishes the basic law of the state. Florida has had six constitutions, adopted in 1812, 1838, 1861, 1868, 1885, and 1968. The current version was ratified on November 5, 1968, and has been amended 146 times since.
The first article of the Florida Constitution contains the state's bill of rights, which is very similar to the United States Bill of Rights. The Florida Declaration of Rights, however, is much longer than the federal version, with 27 sections. It includes rights such as the right to trial by jury, due process, freedom of the press and of religion, and it forbids the passage of ex post facto laws and cruel and unusual punishment. The Florida Constitution also provides for an executive, legislative, and judicial branch, and unlike the U.S. Constitution, it mandates a separation of powers.
The Florida Constitution begins with a preamble that establishes the state's independence and its intention to secure the rights of life, liberty, property, and the pursuit of happiness for its citizens. The preamble also expresses gratitude to Almighty God for constitutional liberty.
The Florida Constitution has 12 articles in total, which cover a range of topics such as the state's boundaries, the establishment of the Florida State Legislature as a bicameral body, the appointment and jurisdiction of the Florida Supreme Court and District Courts of Appeal, and the system of public education.
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Separation of powers
The Florida Constitution is the state constitution of Florida, which outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual rights, civil rights, and other matters. Florida has had six constitutions, with the current version being the sixth and final iteration, which was ratified on November 5, 1968.
The first article of the Florida Constitution contains the state's bill of rights, which is very similar to the United States Bill of Rights. One notable difference is that the Florida Constitution provides for an executive, legislative, and judicial branch, and unlike the U.S. Constitution, it mandates a separation of powers. This means that the Florida Supreme Court has interpreted the "separation of powers" requirement to prohibit any one branch from encroaching on the powers held by another, as well as the delegation of powers by any branch.
Article II of the Florida Constitution sets up the state's boundaries and provides for the executive, legislative, and judicial branches of government. It establishes the appointment and jurisdiction of the Florida Supreme Court and the Florida District Courts of Appeal, as well as circuit and county courts. Article III establishes the Florida State Legislature as a bicameral body, with an upper house of no more than 40 members serving four-year terms, and a lower house of no more than 120 members serving two-year terms.
Article V, relating to the judiciary, was carried forward from the Constitution of 1885 and revised in 1968. It establishes the system of public education, from preschool through college, in the state, as well as the State Board of Education and the election of its members. Article VIII establishes local governments, from counties to municipalities, and the transfer of powers.
The Florida Constitution also includes a Declaration of Rights, which is similar to the U.S. Bill of Rights but contains additional sections guaranteeing certain rights and prohibiting others. These include the right to trial by jury, due process, freedom of the press and religion, and the prohibition of ex post facto laws and cruel and unusual punishment. The Florida Constitution also prohibits public officers and employees from abusing their positions for personal gain or for the benefit of their spouses, children, employers, or businesses with which they are associated.
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Florida's secession
Florida has been governed by six different constitutions since it joined the United States. The first constitution as a US territory was written and implemented in 1838. On 3 March 1845, Florida was admitted into the Union as the 27th state.
In January 1861, Florida became the third state to secede from the Union, following the November 1860 presidential election victory of Abraham Lincoln. A special convention of 69 delegates from across the state, all of whom were white males, met in Tallahassee, Florida's capital, to debate the issue of secession. The majority of the delegates owned slaves, and the primary topic of debate was whether Florida should secede immediately or wait until other southern states, such as Alabama, had formally seceded.
The delegates voted sixty-two to seven in favour of secession on 10 January 1861, and the next day, they signed a formal Ordinance of Secession. Florida's reasons for leaving the Union were listed in its Declaration of Causes for Seceding, and every complaint related to slavery. The state's secession helped propel the country into four years of civil war.
Florida's Ordinance of Secession declared that the "nation of Florida" had withdrawn from the "American Union". The state's constitution was then changed to reflect its secession, including substituting "Confederate States" for "United States", removing the requirement that the governor be a citizen of the United States for ten years prior to their election, and declaring Florida "a sovereign and independent nation".
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Amending the constitution
The Florida Constitution is the state constitution of Florida. It establishes and describes the powers, duties, structure, and function of the government of the state of Florida, and establishes the basic law of the state. Florida has had six constitutions, adopted in 1812, 1838, 1861, 1868, 1885, and 1968. The current constitution has been amended 146 times.
The Florida Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, as well as through commission referrals from the Florida Constitution Revision Commission and the Florida Taxation and Budget Reform Commission. All constitutional amendments in Florida require voter approval.
The first article of the Florida Constitution contains the state's bill of rights, which is very similar to the United States Bill of Rights. The Florida Declaration of Rights, however, is much longer than the federal version, with 27 sections that include the right to trial by jury, due process, freedom of the press and of religion, and prohibitions against ex post facto laws and cruel and unusual punishment.
The Constitution of 1838, also known as the "Form of Government for the People of Florida", was drafted by delegates elected for this purpose. It included a preamble that declared the intention of the People of the Territory of Florida to form themselves into a "Free and Independent State" and to secure for themselves and their posterity the enjoyment of all the rights of life, liberty, and property, and the pursuit of happiness. This was necessary for Florida to become a state and join the Union.
The current constitution, adopted in 1968, consists of 12 articles. Voters most recently approved two new amendments to the Florida Constitution on November 5, 2024.
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Frequently asked questions
The Florida Constitution has a preamble that is similar to a Declaration of Independence. The preamble of 1838 states: "We, the People of the Territory of Florida, by our Delegates in Convention, assembled at the City of St. Joseph, on Monday the 3d day of December, A.D. 1838, and of the Independence of the United States the sixty-third year, having and claiming the right of admission into the Union, as one of the United States of America, consistent with the principles of the Federal Constitution, and by virtue of the Treaty of Amity, Settlement, and Limits between the United States of America and the King of Spain, ceding the Provinces of East and West Florida to the United States; in order to secure to ourselves and our posterity the enjoyment of all the rights of life, liberty, and property, and the pursuit of happiness, do mutually agree, each with the other, to form ourselves into a Free and Independent State, by the name of the State of Florida."
The Florida Constitution is the state constitution of Florida. It establishes and describes the powers, duties, structure, and function of the government of the state of Florida, and establishes the basic law of the state.
Florida has had six state constitutions. The current state constitution was ratified on November 5, 1968, and has been amended 146 times.
The Florida Constitution includes a bill of rights, which is similar to the United States Bill of Rights, as well as a declaration of rights, which guarantees trial by jury, due process, freedom of the press and religion, and forbids the passage of ex post facto laws and cruel and unusual punishment. The constitution also establishes the appointment and jurisdiction of the Florida Supreme Court and the Florida District Courts of Appeal, as well as circuit and county courts.
Yes, the Florida Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, as well as through commission referrals from the Florida Constitution Revision Commission and the Florida Taxation and Budget Reform Commission. All constitutional amendments in Florida require voter approval.
