Omar Bennett
Florida has had six constitutions, adopted in 1812, 1838, 1861, 1868, 1885, and 1968. The sixth and current version was ratified by voters in the November 1968 general election. The Constitution of the State of Florida, as revised in 1968, consisted of certain revised articles proposed by three joint resolutions. The current constitution has been amended 146 times, with voters most recently approving two new amendments in November 2024.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 6 |
| Current Constitution | Adopted on November 5, 1968 |
| Number of Articles in Current Constitution | 12 |
| Number of Amendments | 146 |
| First Article | Contains the state's bill of rights |
| Number of Words | 39,000 |
| Last Amendment | November 5, 2024 |
| Amendment Methods | Legislative, citizen-initiated, convention-referred, commission referrals |
| Amendment Requirements | All amendments require voter approval |
| Previous Constitutions | Adopted in 1812, 1838, 1861, 1868, and 1885 |
Explore related products
What You'll Learn
Florida has had six constitutions
The second constitution was written in 1838 so that Florida could be recognized as a state. The third constitution was adopted in 1861 and included several sections affecting the power of the General Assembly of Florida, such as limiting the duration of sessions and allowing it to license toll bridges and pass general laws for name changes. This constitution also declared Florida "a sovereign and independent nation."
The fourth constitution was drafted in 1868, as Florida attempted to re-enter the United States after the Civil War. The fifth constitution was adopted in 1885 and reversed some aspects of the 1868 constitution. It established the form of state government that continued until 1968.
The sixth and current Florida Constitution was ratified by voters in the November 1968 general election. It consists of 12 articles and has been amended 146 times. The most recent amendments were approved by voters on November 5, 2024.
Offer Letters: Are They Legally Binding Contracts in the UK?
You may want to see also
The current version was ratified in 1968
Florida has had six constitutions adopted in 1812, 1838, 1861, 1868, 1885, and 1968. The current version, which is the sixth, was ratified by voters at the November general election in 1968.
The 1968 Constitution of Florida consists of 12 articles. The current constitution has been amended 146 times, with the most recent amendments being approved by voters on November 5, 2024. 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 1968 Constitution of Florida includes a bill of rights, which is very similar to the United States Bill of Rights. However, it includes more elaborations that are similar to interpretations of the Bill of Rights by the United States Supreme Court. For example, there is a clause stating that the freedom of religion cannot be used to justify immoral acts. Additionally, Florida's Declaration of Rights states that capital punishment is not unconstitutional.
The 1968 Constitution of Florida also includes provisions related to the state's government structure. For instance, Article IV outlines the election process for the governor, lieutenant governor, and cabinet members, specifying that certain positions must be elected rather than appointed. Article V 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 VIII establishes local governments and the transfer of powers.
The USS Constitution's Historic Battle Victories
You may want to see also
The 1861 Constitution affected the power of the General Assembly
The Constitution of Florida has undergone several revisions since the state's inception, with the first constitution being drafted during the onset of the American Civil War in 1860. This initial constitution was significantly altered in 1861, and subsequent revisions have been made over the years to adapt to changing societal needs and legal interpretations.
The 1861 Constitution of Florida introduced several changes that directly impacted the authority and functions of the General Assembly, the legislative branch of Florida's government. One notable alteration was the limitation on the duration of the General Assembly's sessions. This restriction curtailed the assembly's ability to deliberate and pass legislation, potentially limiting its legislative power and influence.
The 1861 Constitution also empowered the General Assembly with specific authorities. For instance, the assembly was granted the ability to license toll bridges and enact general laws for name changes. This provision expanded the assembly's regulatory reach and allowed it to shape the literal and figurative landscape of the state.
Additionally, the 1861 Constitution included provisions that restricted the General Assembly's authority over certain matters. The assembly was prohibited from allowing married women or minors to contract or manage their estates. This restriction reflected the societal norms and legal framework of the time, which often limited the agency and legal autonomy of women and minors.
Another significant change pertained to the taxation powers of the General Assembly. The 1861 Constitution allowed the assembly to impose higher taxes on the lands and slaves of non-residents compared to residents. This provision granted the assembly a tool to shape the state's economy and revenue streams, while also reflecting the socio-economic dynamics of the time, particularly regarding land ownership and slavery.
Furthermore, the 1861 Constitution impacted the General Assembly's role in the state's judicial processes. The assembly was authorized to establish special tribunals to try offenses committed by slaves, freemen, and individuals of mixed race (referred to as "mulattoes" in the historical context). This provision expanded the assembly's influence in the judicial sphere, allowing it to shape the administration of justice within the state.
In conclusion, the 1861 Constitution of Florida had a substantial impact on the powers and responsibilities of the General Assembly. The changes introduced in this version of the constitution reflected the unique historical context of the time, including Florida's secession and the broader societal dynamics of the American Civil War. The revisions to the General Assembly's authority demonstrate the evolving nature of governance and the ongoing quest for a more perfect union.
Equality for All: The Constitutional Promise
You may want to see also
Explore related products
The 1885 Constitution reversed aspects of the 1868 Constitution
Florida has had several constitutions over the years, with the current one being implemented in 1968. The 1885 Constitution was the state's fifth and was created to reverse aspects of the previous 1868 Constitution, also known as the "Carpetbag" Constitution. The 1885 Constitution was drafted by a Constitutional Convention held in Tallahassee, Florida, from June 9 to August 3, 1885, with the explicit goal of reforming the 1868 Constitution.
The 1885 Constitution made significant changes to the state's governance structure. It restored the election of many public officials, reduced the salaries of the governor and other state officers, and made the governor ineligible for reelection. The office of lieutenant governor was abolished, and a legislature with a fixed number of members was established. Additionally, a residency requirement was added, and the cabinet was made elected instead of appointed, with many state and local offices becoming elective.
One of the most notable reversals from the 1868 Constitution was the change in representation. The 1868 Constitution had granted each new county one to three representatives based on population, but this led to overrepresentation of rural, conservative areas as the state's population shifted towards central and southern Florida in the twentieth century. The 1885 Constitution weighted representation in favour of counties, with each county entitled to a minimum of one representative and larger counties receiving more. This change contributed to increasing tension in Florida politics and was a significant factor in the eventual shift to the current 1968 Constitution, which addressed this issue by changing apportionment.
Another key aspect of the 1885 Constitution was its impact on voting rights. While it did not explicitly mention a poll tax, it gave the legislature the option to require poll tax payment as a condition for voting (Article VI, Section 8). This provision could be used to restrict voting access, particularly for poorer individuals. The 1885 Constitution also included other measures that reflected the regression to racial discrimination occurring in the post-Reconstruction era South.
Understanding the US Constitution: House vs. Senate
You may want to see also
The Florida Constitution can be amended in five ways
Florida has had six state constitutions, adopted in the years 1812, 1838, 1861, 1868, 1885, and 1968. The current state constitution has 12 articles and has been amended 146 times. The Florida Constitution can be amended in five ways:
Citizen-Initiated Process
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Florida is one of 18 states that allow citizens to initiate constitutional amendments. To get a proposed amendment on the ballot, a petition must be signed by 880,062 voters, or 8% of the votes cast in the last presidential election. This must include signatures from at least half of the state's 27 congressional districts.
Legislative Process
The Florida State Legislature can place a constitutional amendment on the ballot with a 60% vote during one legislative session. This amounts to a minimum of 72 votes in the Florida House of Representatives and 24 votes in the Florida State Senate. Amendments on the ballot must then be approved by 60% of voters to pass.
State Constitutional Convention Process
According to Section 4 of Article XI of the Florida Constitution, a constitutional convention can be called through an initiative petition. Proponents must collect signatures equal to 15% of the total number of votes cast in the last presidential election.
Commission-Referral Process
Florida is the only state with commissions empowered to refer constitutional amendments to the ballot. The Constitution Revision Commission and the Taxation and Budget Reform Commission can refer amendments to the ballot. These commissions convene every 20 years, beginning in 1977 and 2007, respectively.
Direct Vote
In some cases, a proposed amendment can be put directly to the electorate by the commission as part of a package of provisions in a single amendment. This was the case with the 1978 privacy provision, which failed to pass in that form but was later approved by voters in the 1980 general election.
Swearing In: Muslim Oath and the US Constitution
You may want to see also
Frequently asked questions
There have been six versions of the Florida Constitution, with the current version being adopted on November 5, 1968.
The Constitution of the State of Florida was revised in 1968, with the ratification of certain revised articles that were proposed by three joint resolutions.
Since the 1968 Constitution, there have been 136 amendment proposals, with 102 passing, 31 rejected, and three removed by the Florida Supreme Court. The Florida Constitution has been amended 146 times in total.
