Eleanor Finch
Florida has had six constitutions since it became a state in 1845, with the current one being implemented in 1968. The Florida Constitution has 12 articles and has been amended 146 times, with amendments requiring a 60% supermajority vote for approval. The 1968 Constitution notably eliminated the ban on racially integrated schools, and it also includes a provision that affords more protection to the right to privacy than the Federal Constitution. Other differences include the establishment of a system of public education, the right to bear arms, and the protection of natural resources and scenic beauty.
| Characteristics | Values |
|---|---|
| Number of senators per county | Fixed number regardless of population |
| Racially integrated schools | Banned until the 1968 Constitution |
| Public funding for sectarian private schools | Banned by the Blaine Amendment |
| Number of elected officials in the Florida Cabinet | Reduced from six to three |
| Governor's term | Changed from four years to two years |
| Power of the General Assembly of Florida | Affected by several sections in the 1861 Constitution |
| Taxation powers | Allowed to tax the lands and slaves of non-residents higher than residents |
| Offenses committed by slaves, freemen, and mulattoes | Allowed to create special tribunals to try these offenses |
| Natural resources and scenic beauty | State policy to conserve and protect |
| Right to privacy | Extends to the private lives of all natural persons, including minors |
| Number of articles | 12 |
| Number of amendments | 146 |
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What You'll Learn
- Florida's constitution has been amended 146 times, with the most recent in 2024
- Florida's constitution has 12 articles, the US constitution has 7
- Florida's constitution has a stronger right to privacy than the US constitution
- Florida's constitution bans lotteries, the US constitution does not
- Florida's constitution has a specific focus on conserving natural resources
Florida's constitution has been amended 146 times, with the most recent in 2024
Florida has had six state constitutions. The current constitution, which was adopted in 1968, has been amended 146 times, most recently in 2024. Florida's 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, with a 60% supermajority vote needed for approval.
The 1968 Constitution was proposed via three joint resolutions in special sessions of the Florida Legislature. The Constitution eliminated the prior ban on racially integrated schools and included a new Article VI, relating to elections and suffrage, and a new Article VIII, defining law regarding local government. Article V, relating to the judiciary, was carried forward from the Constitution of 1885, as amended.
The 1861 Constitution added several sections affecting the power of the General Assembly of Florida, such as limiting the duration of sessions, allowing it to license toll bridges and pass general laws for name changes, and prohibiting it from legitimizing children born out of wedlock.
The 1998 Constitutional Revision Commission proposed a rewrite of Article IV, Section 4 of the Florida Constitution, reducing the Florida Cabinet from six elected officials to three.
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Florida's constitution has 12 articles, the US constitution has 7
The number of articles is one of the most noticeable differences between the US Constitution and the Florida Constitution. The US Constitution has seven articles, whereas the Florida Constitution has 12.
The US Constitution's seven articles outline the framework of the US government and its powers. They include the legislative, executive, and judicial branches, as well as the states' relationship with the federal government.
On the other hand, the Florida Constitution's 12 articles cover a broader range of topics. These articles not only outline the structure and powers of Florida's state government but also address specific issues such as elections, local governments, public education, natural resources, and individual rights.
The Florida Constitution has been amended multiple times since its inception, with the current version being adopted in 1968. This version eliminated the prior ban on racially integrated schools and included provisions for suffrage, elections, and local governments. The Florida Constitution also provides for a right to privacy, which offers more protection than the equivalent right under the US Constitution.
Both the US Constitution and the Florida Constitution share similarities in their purpose to establish a framework for governance and secure individual rights. However, the Florida Constitution's additional articles reflect the state's unique history, legal context, and the specific needs of its citizens.
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Florida's constitution has a stronger right to privacy than the US constitution
The Florida Constitution of 1968 was proposed via three joint resolutions in special sessions of the Florida Legislature. It was ratified by the electorate on November 5, 1968. The political context of this new constitution was that it was a necessary step toward fair apportionment of legislative districts, as required by the US Supreme Court in various decisions in the 1960s. The 1968 Constitution eliminated the prior ban on racially integrated schools.
The Florida Constitution provides a stronger right to privacy than the US Constitution. The Florida Supreme Court concluded that Florida's Constitutional Right to Privacy, found in Article I, Section 12, provides greater privacy rights than those implied by the US Constitution. In the In re T.W. case, the Florida Supreme Court found that, prior to the end of the first trimester, the abortion decision must be left to the woman and may not be significantly restricted by the state.
The Florida Constitution states that every natural person has the right to be let alone and free from governmental intrusion into their private life. This right extends to the private lives of all natural persons, including minors, but only protects them from intrusion by the government, not private individuals or corporations. It affords more protection than the right to privacy under the Federal Constitution.
The "Winfield" court explained that, under the Florida Constitution, the expectation of privacy analysis is subjective and depends on the expectation of the specific individual asserting the right. This means that, in Florida, the expectation of privacy is not based on the expectation of a reasonable person. For example, in the "Kurtz" case, the Florida Third District Court of Appeal concluded that any expectation of privacy as to the disclosure of whether an individual smokes is not reasonable.
In addition to the right to privacy, the Florida Constitution also includes provisions for the protection of natural resources and scenic beauty. It states that it shall be the policy of the state to conserve and protect its natural resources and scenic beauty, and to make adequate provision for the abatement of air and water pollution and of excessive and unnecessary noise.
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Florida's constitution bans lotteries, the US constitution does not
Florida's constitution is different from the US constitution in that it bans lotteries, whereas the US constitution does not.
The Florida Constitution, as revised in 1968, includes a provision that prohibits lotteries in the state. This provision is found in Section 7 of the Constitution, which states that it shall be the policy of the state to conserve and protect its natural resources and scenic beauty. While lotteries are not directly mentioned in this section, they are included in the list of prohibited activities that fall under "excessive and unnecessary noise" and activities that interfere with the conservation and protection of natural resources.
The Florida Constitution makes a distinction between lotteries conducted by for-profit organizations and those carried out by non-profit organizations. Florida Statute 849.09 prohibits individuals from conducting private lotteries, with specific charges outlined in Florida Statute 849.09(1)(b) and Florida Statute 849.09(1)(c). These statutes target the organizers and leaders behind the lotteries, rather than those simply facilitating them. Florida Statute 849.09(1)(d) also addresses assisting in a lottery, while Florida Statute 849.0935(2) provides an exception for non-profit organizations that comply with certain requirements.
On the other hand, the Florida Constitution allows for a state-sanctioned lottery, with Florida Statute 24.102 permitting a department of the State of Florida to operate a lottery. This has led to the creation of the Florida Lottery, which is an exception to the general prohibition on lotteries in the state.
In contrast, the US constitution does not specifically address lotteries. While certain forms of gambling may be regulated or prohibited at the federal level, there is no blanket ban on lotteries across the nation. Each state has the autonomy to decide how to regulate or prohibit lotteries and other forms of gambling within its borders.
The difference in approach between Florida's constitution and the US constitution regarding lotteries highlights the unique cultural, social, and political perspectives on this form of entertainment. While Florida has chosen to restrict lotteries to protect its natural environment and maintain order, the US constitution leaves the decision to individual states, reflecting a broader interpretation of personal freedoms and state rights.
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Florida's constitution has a specific focus on conserving natural resources
The Florida Constitution, which was ratified in 1968, has been amended 146 times as of 2024. The state constitution outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. One notable aspect of Florida's constitution is its focus on conserving natural resources and protecting the state's scenic beauty.
Section 7 of the Florida Constitution outlines the state's commitment to environmental conservation. It states that it shall be the policy of the state to "conserve and protect its natural resources and scenic beauty." This includes provisions for the abatement of air and water pollution, as well as excessive and unnecessary noise. The constitution also addresses specific environmental concerns, such as drilling for exploratory oil wells and the protection of the Everglades.
For example, subsection (c) of Section 7 states that those in the Everglades Agricultural Area who cause water pollution within the Everglades Protection Area or the Everglades Agricultural Area shall be responsible for paying the costs of abating that pollution. This subsection demonstrates the constitution's recognition of the environmental importance of the Everglades and its commitment to holding accountable those who contribute to its degradation.
In addition to its focus on environmental conservation, the Florida Constitution also has unique provisions regarding elections and suffrage, the judiciary, and local government. For instance, it eliminated the prior ban on racially integrated schools and included a Blaine Amendment banning the use of public funds to support sectarian private schools.
The Florida Constitution also provides five mechanisms for amending the document: a citizen-initiated process, a legislative process, a state constitutional convention process, and a commission-referral process with two commissions empowered to refer amendments. This flexibility allows the state to adapt its constitution to the changing needs and priorities of its citizens.
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Frequently asked questions
The US Constitution governs the country, while the Florida Constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
The current Florida Constitution has been amended 146 times.
The Florida Constitution provides five mechanisms for amendment: a citizen-initiated process, a legislative process, a state constitutional convention process, and a commission-referral process with two commissions that can refer amendments. All amendments require a 60% supermajority vote for approval.
