Jonah Patel
Florida has had six constitutions: 1812, 1838, 1861, 1868, 1885, and 1968. The current Florida Constitution of 1968 has been amended 146 times, most recently in 2024. The Florida Constitution Revision Commission, which convenes every 20 years, can refer constitutional amendments to the ballot. The 1968 Constitution has been amended several times since its ratification, with notable changes including the creation of a unified state courts system in 1972 and an amendment ending contested elections for Florida's appellate judges in 1976.
| Characteristics | Values |
|---|---|
| Number of revisions | 6 |
| First constitution | 1838 |
| Current constitution | 1968 |
| Number of amendments to the current constitution | 146 |
| Last amendment | November 5, 2024 |
| Article establishing right to privacy | Article I, Section 23 |
| Article establishing the Florida Supreme Court and the Florida District Courts of Appeal | Article V |
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What You'll Learn
Florida's constitution has been amended 146 times
The current Florida Constitution was ratified on November 5, 1968, and has been modified by initiative and referendum several times since. Florida's first constitution as a US territory was written and implemented in 1838, and the state has had six constitutions adopted in 1812, 1838, 1861, 1868, 1885, and 1968. The 1885 Constitution was a revision of the 1868 Constitution, reversing some aspects of the Reconstruction era and establishing a poll tax, which disenfranchised many African Americans and poor whites, and codified segregation.
Article XI of the Florida Constitution states that the Florida Constitution Revision Commission can refer constitutional amendments to the ballot. This commission convenes every 20 years, beginning in 1977. The Florida Taxation and Budget Reform Commission also has the power to refer constitutional amendments related to taxation and the state budget to the ballot. This commission convenes every 20 years, beginning in 2007. Florida is the only state with commissions empowered to refer constitutional amendments to the ballot.
Some notable amendments to the Florida Constitution include modifications to the amendment process itself, parental notification of a minor's intent to terminate a pregnancy, minimum wage increases, and limits on cruel and inhumane confinement of pigs during pregnancy.
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The current constitution was ratified in 1968
Florida has had six constitutions since 1812, with the current version being the sixth. The current Florida Constitution was ratified on November 5, 1968, and has been amended 146 times since. It was proposed on June 24 – July 3, 1968, via three joint resolutions in special sessions of the Florida Legislature. House Joint Resolution 1-2X included all revisions except for Articles V, VI, and VIII. Senate Resolution 4-2X proposed the new Article VI, which relates to elections and suffrage, and Senate Resolution 5-2X proposed a new Article VIII, which defined the law regarding local government. Article V, which establishes the Florida Supreme Court and the Florida District Courts of Appeal, as well as circuit and county courts, was included from the 1885 constitution with amendments.
The 1968 Constitution replaced the 1885 Constitution, which had established a poll tax, disenfranchising many African Americans and poor whites, codified segregation, and established the makeup of the state government. The 1968 Constitution was a necessary step towards fair apportionment of legislative districts, as required by the US Supreme Court in various decisions in the 1960s.
The Florida Constitution can be amended through 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 Florida Constitution Revision Commission, which can refer constitutional amendments to the ballot, convenes every 20 years, beginning in 1977. The Taxation and Budget Reform Commission, which has the same power regarding amendments related to taxation and the state budget, convenes every 20 years beginning in 2007. Florida is the only state with commissions empowered to refer constitutional amendments to the ballot.
The 1968 Constitution has been amended several times since its ratification. Notably, voters approved extensive amendments in 1972 to create a unified state courts system, reducing the number of different kinds of courts in Florida from ten to four and making the system uniform throughout the state for the first time. An amendment ratified in 1976 ended contested elections for Florida's appellate judges, making them subject to merit retention votes under a modified Missouri Plan.
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The 1885 constitution was ratified in 1886
Florida has had several constitutions over the years, with the current one being ratified in 1968. However, the 1885 constitution, which was ratified in 1886, played a significant role in the state's history.
The 1885 Florida Constitutional Convention was held in Tallahassee from June 9 to August 3, 1885. This convention was convened to revise the Constitution of 1868, which had been shaped by the dominance of the Republican Party and the enfranchisement of African Americans. By the early 1880s, conservative Democrats had gained control of state politics and sought to reverse some of the provisions of the 1868 Constitution.
The 1885 Constitution made significant changes to the state's government. It established a poll tax, which disenfranchised many African Americans and poor whites, and codified segregation, making segregation in public schools mandatory. It also made intermarriage between whites and African Americans illegal. In addition, the new constitution changed the makeup of the state government, which continued until 1968. Many offices that had previously been filled by appointment became elective under the 1885 Constitution.
The 1885 Constitution was submitted to the citizens of Florida for ratification in November 1886 and was approved by a vote of 31,803 to 21,243. This constitution had a significant impact on the state, solidifying the conservative Democratic control and reversing some of the gains made by African Americans during Reconstruction.
While the 1885 Constitution was a significant document in Florida's history, it was eventually replaced by the current Constitution of 1968. The 1968 Constitution was proposed via three joint resolutions in special sessions of the Florida Legislature and ratified by referendum on November 5, 1968. It addressed issues such as fair apportionment of legislative districts and the structure of the state's court system.
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Article XI allows for amendment referrals to the ballot
Florida's constitution has been revised several times since it was first written and implemented in 1838. The current Florida Constitution was ratified in 1968 and has been modified by initiative and referendum multiple times since. Article XI allows for amendment referrals to the ballot, and many diverse and controversial amendments have been proposed over the years.
One notable example of a proposed amendment to the Florida Constitution is the Right of Privacy, outlined in Article I, Section 23. This provision states that "every natural person has the right to be let alone and free from governmental intrusion into the person's private life." While this amendment was proposed during the 1978 Constitutional Revision Commission, it failed to pass.
Another notable amendment to the Florida Constitution is Article V, which establishes the Florida Supreme Court and the Florida District Courts of Appeal, as well as circuit and county courts. Article V has been amended numerous times since the ratification of the 1968 Constitution. In 1972, voters approved extensive amendments to Article V, creating a unified state courts system and placing all lower courts under the administrative supervision of Florida's chief justice.
In addition to amendments to Article V, there have been proposals to modify the amendment process itself, as well as amendments related to parental notification of a minor's intent to terminate a pregnancy, minimum wage increases, and limits on cruel and inhumane confinement of pigs during pregnancy.
The process of revising the Florida Constitution involves the legislature authorizing a military court-martial, which can be conducted by military judges of the Florida National Guard. Any decisions made can be directly appealed to the District Court of Appeal, First District.
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Article I, Section 23 provides for a right to privacy
Florida's first constitution as a US territory was written and implemented in 1838. The current Florida Constitution, ratified on November 5, 1968, has been modified several times since. The Constitution of 1968 was proposed via three joint resolutions in special sessions of the Florida Legislature. The Constitution was ratified via referendum by the electorate.
Article I, Section 23 of the Florida Constitution provides for a right to privacy. It states that every natural person has the right to be left alone and free from government intrusion into their private life. This right was added in 1980 and further amended in 1998. The text of this provision is as follows:
> Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.
The right to privacy in Florida affords greater privacy rights than those provided by the US Constitution. This is because, unlike the US Constitution, Article I, Section 23 of the Florida Constitution contains an express right to privacy. The US Supreme Court has noted that state constitutions may provide greater protections than those provided by the federal Constitution.
The Florida Supreme Court concluded in the In re T.W. case that Florida's Constitutional Right to Privacy found in Article I, Section 12 provides greater privacy rights than those implied by the US Constitution.
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Frequently asked questions
The Florida Constitution has been revised six times, in the years 1812, 1838, 1861, 1868, 1885, and 1968. The current constitution, which was ratified in 1968, has been amended 146 times.
Florida's first constitution as a U.S. territory was written and implemented in 1838.
The Florida Constitution Revision Commission convenes every 20 years, beginning in 1977.
