Simone Lawson
Article I of the Florida Constitution is entitled the Declaration of Rights and consists of 28 sections. It was adopted in 1974 and amended in 1998 and 2018. The Florida Constitution was last revised in 1968 and was ratified by the electorate on November 5, 1968, with Article V, relating to the judiciary, carried forward from the Constitution of 1885.
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What You'll Learn
Declaration of Rights
Article I of the Florida Constitution is entitled the "Declaration of Rights". It consists of 28 sections and was adopted in 1974.
The Declaration of Rights outlines the basic rights and freedoms guaranteed to the people of Florida. It includes sections on political power, religious freedom, freedom of speech and the press, the right to assemble, the right to work, military power, the right to bear arms, due process, prohibited laws, and imprisonment for debt.
One notable section within the Declaration of Rights is the Taxpayers' Bill of Rights, which was added in 1992. This section requires the legislature to prescribe and adopt a bill of rights that clearly sets forth the rights and responsibilities of taxpayers, as well as the government's responsibilities in dealing fairly with taxpayers under Florida law.
The Declaration of Rights also includes provisions for the protection of natural resources and scenic beauty. It states that it shall be the policy of the state to conserve and protect its natural resources, and to make adequate provisions for the abatement of air and water pollution, as well as excessive noise.
The Declaration of Rights has been amended several times since its adoption, including in 1988, 1998, and most recently in 2018, to include Marsy's Law Crime Victims' Rights, and the Judicial Retirement Age, among other technical revisions.
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Political power
Article I of the Florida Constitution is entitled the "'Declaration of Rights' and consists of 28 sections.
Section 1 of Article I establishes that:
> We, the people of the State of Florida, being grateful to Almighty God for our constitutional liberty, in order to secure its benefits, perfect our government, insure domestic tranquility, maintain public order, and guarantee equal civil and political rights to all, do ordain and establish this constitution.
Section 1 of Article I, also known as the "Political power" section, establishes the following elected county officers for terms of four years:
- Sheriff
- Tax collector
- Property appraiser
- Supervisor of elections
- Clerk of the circuit court
In addition, Section 1(a) places a constitutional requirement that by 2010, the legislature will provide adequate funding for smaller classroom sizes. Section 1(b) also mandates a voluntary PK-4 program in all public schools.
Other sections within Article I include:
- Section 2: Basic rights
- Section 3: Religious freedom
- Section 4: Freedom of speech and press
- Section 5: Right to assemble
- Section 6: Right to work
- Section 7: Military power
- Section 8: Right to bear arms
- Section 9: Due process
- Section 10: Prohibited laws
- Section 11: Imprisonment for debt
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Basic rights
Article I of the Florida Constitution is entitled the Declaration of Rights and contains 28 sections.
Section 2 of Article I of the Florida Constitution outlines the basic rights of the people of Florida. This includes the right to acquire, possess, and protect property, as well as the right to be rewarded for one's industry. It also guarantees the right to make contracts, inherit, and bequeath property. In addition, it protects against unreasonable deprivation of property through the state's police powers.
Section 6 of Article I guarantees the right to work. It states that the right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or organization.
Section 9 of Article I ensures due process of law. It states that no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be twice put in jeopardy for the same offence. It also protects against self-incrimination and ensures the right to confront one's accusers and obtain witnesses.
Section 13 of Article I addresses revenue shortfalls. In the event of such shortfalls, the governor and cabinet are empowered to make necessary reductions in the state budget to comply with the provisions of Article VII, Section 1(d).
The Florida Constitution also includes a Taxpayers' Bill of Rights, added in 1992. This section requires the legislature to prescribe and adopt a bill of rights that clearly sets forth taxpayers' rights and responsibilities, as well as the government's responsibility to deal fairly with taxpayers under the laws of the state.
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Religious freedom
Article I of the Florida Constitution is entitled the "'Declaration of Rights' and consists of 28 sections. It was adopted in 1974 and has since undergone several amendments, the most recent of which was approved by voters in 2018.
One of the fundamental rights enshrined in Article I is religious freedom. Section 3 of this article guarantees the people of Florida the right to religious liberty. This means that individuals are free to hold and practise their religious beliefs without interference or discrimination from the state. It also protects individuals from being compelled by the state to participate in any religious activity or observance that goes against their own beliefs.
The inclusion of religious freedom in the Florida Constitution reflects the state's commitment to protecting the basic rights and liberties of its citizens. It is a recognition that religious belief and practice are integral aspects of human identity and dignity, and that the state has a duty to ensure that individuals are able to exercise their faith freely and without fear of persecution.
The right to religious freedom in Florida extends beyond mere tolerance of different faiths. It actively promotes respect and understanding among people of different religious backgrounds. It fosters an environment where individuals can openly express their beliefs, engage in dialogue, and participate in activities that enrich their spiritual lives.
Additionally, the Florida Constitution's guarantee of religious freedom also encompasses the right to be free from religious oppression and coercion. Individuals are protected from being forced to adhere to a particular religious belief or practice. The state is obligated to maintain a neutral stance on matters of religion, treating all faiths and non-religious viewpoints equally under the law.
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Freedom of speech and press
Article I of the Florida Constitution is entitled the "Declaration of Rights" and consists of 28 sections.
Section 4 of Article I, also known as the "Freedom of Speech and Press" section, states that:
> "Every person may speak, write and publish sentiments on all subjects but shall be responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press."
This section guarantees the right of individuals in Florida to freely express themselves and share their views without censorship or legal repercussions. It also ensures that individuals are held accountable for any misuse or abuse of this right.
The "Freedom of Speech and Press" provision in the Florida Constitution is similar to the First Amendment to the United States Constitution, which prohibits laws that abridge the freedom of speech or the freedom of the press. This fundamental right is a cornerstone of democratic societies, promoting open discourse, the exchange of ideas, and a well-informed citizenry.
The freedom of speech and press has been a cornerstone of democratic societies, allowing for open discourse, the exchange of diverse ideas, and a well-informed public. This right enables individuals to express their thoughts, opinions, and creativity without fear of censorship or retribution. It also empowers the press to act as a watchdog, holding those in power accountable and ensuring transparency in governance.
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Frequently asked questions
Article I of the Florida Constitution is entitled the Declaration of Rights and has 28 sections.
Article I covers the basic rights of the people of Florida, including political power, religious freedom, freedom of speech and press, the right to assemble, the right to work, military power, the right to bear arms, due process, prohibited laws, and imprisonment for debt.
The current Florida Constitution, including Article I, was proposed on June 24-July 3, 1968, and ratified by the electorate on November 5, 1968.
Yes, Article I has been amended several times since its creation. Notable amendments include the Florida Disability Discrimination Prohibition (Amendment 7) in 1974, the Florida Basic Rights (Amendment 9) in 1998, and the Florida Amendment 11 in 2018, which repealed the prohibition on aliens' property ownership and repealed criminal statutes' effect on prosecution.
