Omar Bennett
Florida's current constitution has been in effect since its ratification on November 5, 1968. The state has had six constitutions since it acceded to the United States, with the previous ones being adopted in 1812, 1838, 1861, 1868, and 1885. The current constitution, which was proposed in 1968 via three joint resolutions in special sessions of the Florida Legislature, has been amended multiple times since its ratification.
| Characteristics | Values |
|---|---|
| Date of Effect | 5 November 1968 |
| Number of Constitutions | 6 |
| Number of Articles | 12 |
| Number of Amendments | 146 |
| Last Amendment | 5 November 2024 |
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What You'll Learn
Florida's current constitution was ratified in 1968
Florida's current constitution was ratified on November 5, 1968, and has been in effect since then. It is the sixth constitution in the state's history, with previous constitutions dating back to 1812. The current constitution has been amended several times since its ratification, with voters approving the latest amendments in 2024.
The constitution-making process in Florida has a rich history. Florida has had a long and varied constitutional evolution, with its earliest constitution dating back to 1812. This early constitution was short-lived, as it was only briefly enacted in Spanish East Florida before being superseded by subsequent documents. The state's path to statehood and the ebb and flow of political ideologies have shaped its constitutional landscape over the years.
The current constitution of 1968 was proposed during a series of special sessions of the Florida Legislature held between June 24 and July 3, 1968. It was ratified by the voters in the November general election of that year. This constitution has served as the foundational document outlining the state's governance framework, encompassing the powers, structure, and functions of Florida's government.
The constitution establishes the basic laws of the state and defines the roles of various entities, including the governor, lieutenant governor, and cabinet members. It also governs the election process for these positions, specifying the qualifications and requirements for candidates. Over time, amendments have been made to this constitution to address evolving needs and circumstances.
Florida's constitution-making journey exemplifies the dynamic nature of governance and the ongoing pursuit of a more perfect union. The state's constitutional evolution reflects the changing social, political, and legal landscape, with each new document aiming to better define and protect the rights and responsibilities of its citizens.
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Florida has had six constitutions since 1812
Florida has been governed by six different constitutions since it joined the United States. Before 1838, the only constitution in effect was the Spanish Constitution of 1812, which was briefly enacted in Florida. A monument commemorating La Constitución de Cádiz stands in front of the Government House in St. Augustine.
Florida's first constitution as a US territory was written and implemented in 1838. This was followed by the Reconstruction era constitution in 1868, which returned civilian control of the state after Florida became subject to the military authority of the federal government in 1867. The 1885 Constitution legitimized a poll tax as a prerequisite for voting, effectively causing the disenfranchisement of Black people and many poor White people. It also mandated racial segregation in schools and prohibited interracial marriage.
The current Florida Constitution was ratified on November 5, 1968, and has been modified by initiative and referendum several times since. The 1968 Constitution eliminated the prior ban on racially integrated schools. It has 12 articles and has been amended 146 times. The voters last approved two new amendments on November 5, 2024.
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The constitution outlines the government's powers and responsibilities
Florida's current constitution, which outlines the government's powers and responsibilities, has been in effect since 1968. It is the sixth constitution in the state's history, and it was ratified by voters on November 5, 1968.
The Constitution of the State of Florida is the foundational document that establishes and describes the powers, duties, structure, and function of the government. It also outlines the basic law of the state. The constitution is comprised of 12 articles, which have been amended numerous times since 1968. Amendments to the constitution can be made through a citizen-initiated process, a legislative process, a state constitutional convention process, and a commission-referral process. Notably, all constitutional amendments in Florida require voter approval, with a 60% supermajority vote being necessary for their ratification.
Article IV of the constitution, for instance, governs the election of the Florida governor, lieutenant governor, and cabinet members. It specifies the composition of the cabinet and designates these positions as elected rather than appointed. Additionally, Article V establishes the state's court system, including the Florida Supreme Court and the Florida District Courts of Appeal. It also describes the appointment process and sets forth the jurisdiction of these courts.
The constitution also includes provisions for a range of other matters. For example, Article X addresses various topics such as the establishment of a militia, vacancies in offices, the lottery, and minimum wage. Furthermore, it outlines environmental protections, such as prohibiting drilling for oil and natural gas extraction in specific areas to safeguard Florida's natural environment.
The constitution also addresses education, with Section 1(a) requiring smaller classroom sizes and mandating that the legislature provide adequate funding to achieve this by 2010. It also requires a voluntary PK-4 program in all public schools, as outlined in Section 1(b).
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The constitution is amended via a citizen-initiated process
The current Florida Constitution, which was ratified on November 5, 1968, has been amended 146 times. The constitution can be amended through a citizen-initiated process, a legislative process, a state constitutional convention process, or a commission referral process.
The citizen-initiated process, also known as an initiated constitutional amendment, is a ballot measure that amends a state's constitution. This process requires an extensive number of signatures for a constitutional amendment to be proposed. In Florida, the number of signatures needed is equivalent to 8% of the votes cast in the previous presidential election. This means that proponents of the amendment must obtain signatures from at least 8% of voters in at least half (14) of the state's 27 congressional districts. This high threshold ensures that any changes to the constitution reflect the will of a significant portion of the state's population.
Once the required number of signatures is obtained, the proposed amendment is placed on the ballot for voter approval. Florida requires a supermajority vote of 60% for constitutional amendments to be approved. This means that a large majority of voters must support the amendment for it to become part of the state's constitution. The citizen-initiated process empowers Floridians to directly participate in shaping their state's constitution and governance.
The citizen-initiated amendment process in Florida has been utilized to address various issues and make significant changes to the state's governing document. For example, in 2006, voters approved an amendment requiring a 60% vote for future constitutional amendments. This example illustrates how Floridians have used the citizen-initiated process to impact the structure and function of their state government.
The citizen-initiated process for amending Florida's constitution is a powerful tool for citizens to have a direct say in how their state is governed. By requiring a substantial number of signatures and a supermajority vote, this process ensures that any changes to the constitution reflect the values and desires of a large portion of Florida's citizens. This amendment process is a key mechanism for maintaining a responsive and adaptable state constitution that can evolve alongside the needs and priorities of its people.
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The constitution has been modified several times since 1968
Florida's current constitution was ratified in 1968, on November 5, and has been modified several times since. The state has had six constitutions since it acceded to the United States, with the first being written and implemented in 1838.
The 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 these amendments to be approved.
In 1972, voters approved extensive amendments to create a unified state courts system, placing all lower courts under the administrative supervision of Florida's chief justice. This led to the creation of a new Florida Office of the State Courts Administrator, which assists the chief justice.
In 1996, an amendment was made to prohibit drilling for exploration or extraction of oil or natural gas on lands beneath all state waters that have not been alienated and that lie between the mean high water line and the outermost boundaries of the state's territorial seas.
In 1998, amendments were proposed by the Constitution Revision Commission, and these were adopted that same year. One of these amendments stated that each law shall take effect on the sixtieth day after adjournment sine die of the session of the legislature in which it was enacted. Another specified that the legislature may, by general law, authorize a military court-martial to be conducted by military judges of the Florida National Guard, with direct appeal of a decision to the District Court of Appeal, First District.
The Florida Constitution was last amended in 2018, and voters approved two new amendments to the constitution as recently as November 5, 2024.
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Frequently asked questions
Florida's current constitution has been in effect since it was ratified on November 5, 1968.
Florida has had six state constitutions.
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.
Florida's first state constitution was drafted in 1812, but it was short-lived. The state's first long-lasting constitution was drafted in 1838.
The current Florida Constitution has been amended 146 times. The most recent amendments were approved by voters on November 5, 2024.
