Malcolm Rivera
The Florida Constitution establishes the state's framework for governance, outlining the powers, structure, and limitations of its government, as well as individual and civil rights. Florida's current constitution, ratified in 1968, consists of 12 articles and has been amended 146 times. It provides for an executive, legislative, and judicial branch, with a mandated separation of powers. This diagrammatic representation of Florida's Constitution visually illustrates the distribution of powers and the organisational structure of the state's government, offering a concise and accessible overview of the key elements that govern the state.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 6 |
| Current Constitution Ratified | November 5, 1968 |
| Number of Amendments | 146 |
| Last Amendment | November 5, 2024 |
| Number of Articles | 12 |
| Branches of Government | Executive, Legislative, Judicial |
| State Boundaries | Defined in Section 1 |
| Official Language | English |
| Seat of Government | City of Tallahassee, Leon County |
| Public Officers | Cannot hold office in another state or country |
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What You'll Learn
State boundaries
Florida, like all US states, has established its boundaries and defined its territorial jurisdiction through a combination of historical treaties, legal agreements, and legislative acts. The state's boundaries are defined by a unique combination of geographic features and political divisions, which have evolved over time through negotiations and legal proceedings.
The northern boundary of Florida is defined by the Georgia-Florida line, which runs along the Chattahoochee River and was established by the 1850 Treaty of Washington. This treaty resolved a long-standing border dispute between the two states and set the stage for the eventual creation of Florida's northern boundary. The western boundary of the state is primarily defined by the Perdido River and the Gulf of Mexico, with the river serving as the border between Florida and Alabama, and the Gulf of Mexico forming the southern and western coastline. The eastern boundary of Florida is, of course, defined by the Atlantic Ocean.
The southern boundary with Florida's neighboring state, Georgia, has a unique history. It was established through a series of treaties and land purchases, with the initial boundary set by the Treaty of Moultrie Creek in 1823, which provided for the relocation of Seminole Indians to a reservation in the central part of the state. This boundary was later adjusted through the Treaty of Payne's Landing in 1832 and the purchase of land from the Seminole tribe, eventually establishing the current southern border that runs along the course of the Mauvilla River and a straight-line extension to the Gulf of Mexico.
In addition to these external boundaries, Florida's constitution also defines internal political boundaries, including the creation of counties and the establishment of legislative districts. The state is divided into 67 counties, each with its own local government and administrative responsibilities. The constitution outlines the powers and duties of these county governments, including their role in administering state laws and providing local services.
The Florida Constitution also addresses the issue of boundary changes and provides a mechanism for altering or adjusting state boundaries. Any proposed alteration to the boundaries must go through a rigorous process, including approval by a majority of voters in a statewide referendum, ensuring that any changes to Florida's boundaries reflect the will of the state's citizens.
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Bill of rights
The Florida Constitution establishes the framework of the state government, outlining the rights of its citizens and the responsibilities and limitations of government officials. It has undergone numerous amendments and revisions to adapt to the evolving needs and values of its populace.
The current Constitution of Florida was ratified on November 5, 1968, and has been modified by initiative and referendum several times since. Florida has been governed by six different constitutions since acceding to the United States. The first constitution was adopted in 1838, predating Florida’s statehood.
The Florida Constitution's Bill of Rights guarantees fundamental rights such as freedom of speech, religion, and assembly, the right to bear arms, and protection against unreasonable searches and seizures. It also includes unique provisions, like the right to privacy and access to public records.
Article I of the Florida Constitution is entitled "Declaration of Rights" and has 28 sections. It includes the right to privacy, which grants individuals a broad right to privacy, forming the basis for significant judicial decisions related to reproductive rights and medical records. It also includes the Sunshine Law, which guarantees public access to governmental meetings and records, ensuring transparency and accountability in state and local government operations.
The Constitution also outlines the state’s boundaries, the seat of government, and the official language (English). It includes provisions related to ethics in government and environmental conservation, such as the preservation of fishing, hunting, and the taking of fish and wildlife as a public right.
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Branches of government
The Florida Constitution establishes and describes the powers, duties, structure, and function of the government of the state of Florida, and establishes the basic law of the state. Florida has been governed by six different constitutions since it became a state in 1845. The current Constitution of Florida was ratified on November 5, 1968, and has been modified by initiative and referendum several times since.
The Constitution provides for an executive, legislative, and judicial branch of government. Unlike the U.S. Constitution, it mandates a separation of powers. The Florida Supreme Court has interpreted the "separation of powers" requirement to prohibit both encroachment by any one branch on the powers held by another and delegation by any branch of its powers.
The legislative branch is bicameral, consisting of an upper house of no more than 40 members elected to four-year terms, and a lower house of no more than 120 members elected to two-year terms. The Public Service Commission is an arm of the legislative branch.
The executive branch includes the Governor, Lieutenant Governor, and Cabinet members. The Cabinet must consist of an Attorney General, a Chief Financial Officer, and a Commissioner of Agriculture, all of whom must be elected rather than appointed. The Administration Commission and the Land and Water Adjudicatory Commission are composed of the Governor and the Cabinet.
The judicial branch includes the Florida Supreme Court and the Florida District Courts of Appeal, as well as circuit and county courts.
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Local government
The Florida Constitution recognises four types of local governments: counties, municipalities, school districts, and special districts. Municipalities may be referred to as towns, cities, or villages, but there is no legal distinction between these terms.
Municipalities often have police and fire departments, and they provide essential services such as water and waste collection. They may also enter into agreements with the county to provide certain services. Each county has a sheriff with concurrent jurisdiction with municipal police departments.
Both counties and cities may have a legislative branch (commissions or councils) and an executive branch (mayor or manager). Local governments are subject to the state's court system, with violations being brought before a county court.
Water management districts have individual governing boards, but the Department of Environmental Protection may exercise general supervisory authority over them.
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Public education
Article IX of the Florida Constitution is dedicated to education. It establishes that the education of children is a fundamental value of the people of Florida and that it is the duty of the state to provide for public education. This includes the requirement to establish a uniform system of free public schools that are efficient, safe, secure, and high quality.
The Constitution Revision Commission has offered an amended version of Article IX, which strengthens the state's duty to provide for public education. This proposal is a response to disputes over the existing constitutional standards for education, marking a shift from the previous requirement that merely stated, "adequate provision shall be made by law" for public schools. The new standards provide a clear expression of public will and a measurable constitutional definition to guide courts in future litigation.
The impetus for this change came from a comparison of Florida's education article with the provisions of other states. Scholars categorized state education clauses into four categories based on the level of duty imposed on the state legislature, with Florida previously falling into Category II, indicating a minimal level of support required for education. However, with the proposed revisions, Florida's commitment to education has substantially strengthened.
Additionally, Florida's Constitution also establishes trust funds for various purposes, including the Florida Education Lotteries, which contribute to the state's educational endeavours.
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Frequently asked questions
The Florida Constitution is the document that establishes and describes the powers, duties, structure, and function of the government of the U.S. state of Florida. It establishes the basic law of the state.
The Florida Constitution provides for an executive, legislative, and judicial branch. It mandates a separation of powers, prohibiting any one branch from encroaching on the powers of another.
Florida has had six state constitutions, written and implemented in 1812, 1838, 1861, 1868, 1885, and 1968. The current constitution has been amended 146 times.
