Isabella Carter
The Constitution of Florida establishes the state's bill of rights, which includes basic rights, religious freedom, freedom of speech, the right to assemble, and the right to bear arms. It also outlines the state's political power, judiciary, and local government. The constitution is amended by the Division of Statutory Revision within the Office of Legislative Services, which codifies new amendments and removes obsolete language. The Florida Constitution provides for an executive, legislative, and judicial branch, with a mandated separation of powers. It also includes sections on natural resources, education, and the administration of the state, with specific references to the Florida State University System and the Florida Office of the State Courts Administrator.
| Characteristics | Values |
|---|---|
| Document Type | Constitution |
| Purpose | 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. |
| Number of Articles | 12 |
| Number of Amendments | 146 |
| Last Amendment Date | November 5, 2024 |
| Number of Divisions | 3 |
| Division 1 | Preamble |
| Division 1 Characteristics | Serves as an introduction and states the fundamental principles and purposes of the constitution. Expresses the reasons for establishing the constitution and outlines the values of the state. |
| Division 2 | Articles |
| Division 2 Characteristics | Detail the structure, powers, and responsibilities of the state government, including the legislative, executive, and judicial branches. |
| Division 3 | Amendments |
| Division 3 Characteristics | Include changes or additions to the constitution that have been made since its original adoption. Reflect the evolving needs and values of the state and its citizens over time. |
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What You'll Learn
Suffrage and elections
The current Florida Constitution, the state's sixth, was adopted on November 5, 1968, and has been amended numerous times since. It includes provisions related to suffrage and elections, with Article VI specifically addressing suffrage and elections.
Article IV of the Florida Constitution outlines the election process for the governor and lieutenant governor, as well as the cabinet members, including the Attorney General, Chief Financial Officer, and Commissioner of Agriculture. These officials are elected rather than appointed, ensuring direct representation and accountability to the people of Florida.
The Constitution also establishes the Florida State Legislature as a bicameral body in Article III. The upper house, with a maximum of 40 members serving four-year terms, and the lower house, with up to 120 members serving two-year terms, comprise this legislative branch.
Additionally, Article V of the Florida Constitution pertains to the judiciary and outlines the appointment and jurisdiction of the Florida Supreme Court, District Courts of Appeal, and lower courts. This article, carried forward from the Constitution of 1885 with amendments, ensures an independent judicial system that interprets and upholds the laws of the state, including those related to suffrage and elections.
The Florida Constitution also establishes local governments in Article VIII, outlining the powers and responsibilities of counties and municipalities. This article includes provisions for public education and the election of members to the State Board of Education, ensuring that Florida's citizens have a direct say in shaping educational policies.
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Local government
The Florida Constitution establishes and describes the powers, duties, structure, and function of the government of the state of Florida. It is divided into a preamble, articles, and amendments.
Article VIII of the Florida Constitution establishes local governments, from counties to municipalities, and the transfer of powers. It also sets up the system of public education, from pre-school through college, in the state, as well as the State Board of Education and the election of its members, and the state school fund.
The Florida Constitution provides five methods for proposing amendments: by the Florida Legislature, with a three-fifths vote of the membership of both houses; a citizen-initiated process; a legislative process; 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. Amendments are changes or additions to the constitution that have been made since its original adoption, reflecting the evolving needs and values of the state and its citizens over time.
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The judiciary
The Florida Constitution establishes 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 constitution, which was ratified on November 5, 1968, has been amended several times since. It consists of 12 articles, the last two amendments to which were approved on November 5, 2024.
Article V, which relates to the judiciary, was carried forward from the Constitution of 1885, with subsequent changes indicated by notes appended to the affected sections. 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.
The Florida Supreme Court is the state's highest court, and it has exclusive jurisdiction over a variety of legal matters, including the interpretation of state laws and the state constitution. The Florida District Courts of Appeal are the intermediate appellate courts in the state, and they have jurisdiction to review decisions made by the lower courts.
The circuit courts are the trial courts of general jurisdiction in Florida, and they handle a wide range of civil and criminal cases. The county courts, on the other hand, are the lower courts in the state, and they typically handle misdemeanour cases, small claims, and other civil matters within their jurisdiction.
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Natural resources and scenic beauty
Florida's Constitution includes a section dedicated to the conservation and protection of the state's natural resources and scenic beauty. This section, known as Section 7, outlines the state's commitment to preserving its natural environment and addressing various environmental concerns.
Subsection (a) of Section 7 establishes the policy of the state regarding natural resources and scenic beauty. It states that it shall be the policy of Florida to "conserve and protect its natural resources and scenic beauty." This means that the state recognizes the importance of its natural environment and is committed to preserving and safeguarding its natural assets.
To achieve this goal, the subsection also mandates the provision of adequate legal measures to address several environmental issues. Firstly, it calls for the abatement of air and water pollution, recognizing the need to improve air quality and reduce contaminants in water bodies. Secondly, it addresses the issue of excessive and unnecessary noise, aiming to create a more peaceful and tranquil environment for Florida's residents and ecosystems. Lastly, it emphasizes the conservation and protection of natural resources, ensuring their sustainable use and preservation for future generations.
Subsection (b) of Section 7 specifically addresses water pollution within the Everglades Agricultural Area and the Everglades Protection Area. This subsection assigns primary responsibility for the costs of abating water pollution to those causing the pollution within these areas. By holding accountable those who contribute to environmental degradation, Florida's Constitution aims to encourage sustainable practices and deter activities that harm the state's natural resources.
Subsection (c) focuses on protecting the people of Florida and their environment from the potential impacts of drilling for exploration or extraction of oil and natural gas. While the specific wording and extent of this subsection may vary depending on the version of the constitution and the date of access, the underlying intent is to safeguard both human health and the natural environment from the potential risks associated with drilling activities.
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Capital punishment
In Florida, capital punishment is reserved for the most extreme criminal offenses, specifically capital felonies. Murder is defined as the "unlawful killing of a human being" under Section 782.04 of the Florida Statutes and is considered a capital felony in the following instances:
- When it is premeditated and designed to cause the death of a human being.
- When it is committed during the commission or attempted commission of another serious felony, such as arson, robbery, sexual battery, burglary, or aggravated child abuse.
In addition to murder, other capital felonies in Florida include capital drug trafficking and discharging or using a destructive device causing death.
When a person is convicted of a capital felony, the court conducts a separate sentencing proceeding to determine whether the defendant should be sentenced to death or life imprisonment. This proceeding is held before the same trial jury whenever possible. If unanimous jury approval for the death penalty cannot be reached, a special juror or jurors will be summoned to determine the sentence.
Florida's history with capital punishment dates back to before 1923, when executions were carried out by county governments, typically by hanging. In 1923, the state shifted executions to state control and made electrocution the official method, with the first electrocution taking place in 1924. Lethal injection was introduced as an alternative method of execution, and in 1972, the Supreme Court struck down the death penalty in the Furman v. Georgia trial. Florida reinstated the death penalty in 1976, becoming the first state to do so.
In recent years, there have been legal challenges to Florida's capital punishment laws. In 2014, the Florida Supreme Court ruled in Hurst v. Florida that it was unconstitutional for a judge to impose the death penalty based solely on a jury's non-unanimous recommendation. This led to the requirement that a unanimous jury must recommend the death penalty before a judge can impose it. Additionally, in 2023, Governor Ron DeSantis signed a controversial bill allowing the death penalty for defendants convicted of child rape, despite potential contradiction with the 2008 U.S. Supreme Court case Kennedy v. Louisiana, which found a similar law unconstitutional.
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Frequently asked questions
Florida's constitution provides for an executive, legislative, and judicial branch. It establishes the Florida Supreme Court, the Florida District Courts of Appeal, and sets out their jurisdiction.
Article V, relating to the judiciary, ensures the people's right to due process. It establishes the Florida Supreme Court and sets out its jurisdiction.
Unlike the US Constitution, Florida's constitution mandates a separation of powers. It also includes more elaborations and interpretations similar to those of the US Supreme Court, such as a clause stating that freedom of religion cannot justify immoral acts.
