Eleanor Finch
The US Constitution and the Florida Constitution differ in several ways. The US Constitution, ratified in 1789, is significantly older and shorter than Florida's, which was last adopted in 1968 and is currently on its sixth version. The US Constitution is about 4,400 words long, while the Florida Constitution exceeds 50,000 words. The Florida Constitution has gone through multiple iterations, including an 1868 version that provided suffrage for men of colour and a non-voting seat for members of the Seminole Tribe in each house of the legislature. Florida's current constitution is more flexible and can be amended through various methods, including two revision commissions. Despite their differences, both constitutions share a similar structure, defining three branches of government: legislative, executive, and judicial. They are also organised into a preamble, articles, and amendments, with the preamble explaining the philosophy of the government and the articles outlining the function of each governmental part.
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What You'll Learn
- The Florida Constitution provides for an executive, legislative, and judicial branch
- The Florida Constitution mandates a separation of powers
- The Florida Constitution includes the right to bear arms
- The Florida Constitution prohibits drilling for oil and natural gas
- The Florida Constitution includes the right to freedom of speech and press
The Florida Constitution provides for an executive, legislative, and judicial branch
The Florida Constitution, like the US Constitution, provides for an executive, legislative, and judicial branch. The Florida Constitution was revised in 1968, and this current version remains in place today. The 1968 revision was necessary to ensure fair apportionment of legislative districts, as required by the US Supreme Court. The Florida Constitution consists of a bill of rights, similar to the US Bill of Rights, with additional interpretations and elaborations.
The Florida Constitution establishes the state's government structure and outlines the rights and freedoms of its citizens. It includes sections on political power, basic rights, religious freedom, freedom of speech and the press, the right to assemble, the right to work, and military power. The right to bear arms is also included, along with due process rights and prohibited laws.
The executive branch of the Florida government is headed by the governor, whose term was changed from four years to two years in 1865. The legislative branch consists of the Florida Legislature, which plays a crucial role in enacting laws and policies for the state. The 1968 Constitution also addressed issues of malapportionment, eliminating the advantage previously held by rural North Florida legislators.
The judicial branch of Florida's government is led by the Florida Supreme Court, which interprets the state's laws and ensures the "separation of powers" between the three branches. This separation of powers is a key mandate in the Florida Constitution, prohibiting any one branch from encroaching on the powers of another.
The Florida Constitution also includes provisions specific to the state, such as the prohibition of drilling for oil and natural gas exploration on certain state-owned lands and waters. It also addresses issues like ethics in government, the right to own and bear handguns, and the protection of the environment.
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The Florida Constitution mandates a separation of powers
The Florida Constitution, currently in force, was drafted in 1968. It consists of a bill of rights, which is very similar to the United States Bill of Rights, and provisions for an executive, legislative, and judicial branch of government.
The Florida Constitution has a unique history, with the state initially allotting a fixed number of senators per county, regardless of population size. This was changed in the 1968 Constitution, which aimed to ensure fairer apportionment of legislative districts. The 1968 Constitution also eliminated the ban on racially integrated schools and reduced the Florida Cabinet from six elected officials to three.
The Florida Constitution has been amended several times since its inception, with changes including the prohibition of drilling for oil and natural gas exploration or extraction on state-owned lands, and the protection of the right to bear arms, due process, and freedom of speech and the press.
The Florida Constitution, therefore, has both similarities and differences when compared to the U.S. Constitution, with its own unique provisions and interpretations.
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The Florida Constitution includes the right to bear arms
The Florida Constitution and the US Constitution differ in various ways, one of which pertains to the right to bear arms. While the Second Amendment of the US Constitution guarantees this right, the Florida Constitution also includes specific provisions related to firearm ownership and usage.
Article I, Section 8(a) of the Florida Constitution, also known as the "Right to Bear Arms" provision, states: "The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law." This provision recognises the importance of firearms for self-defence and upholding law and order in the state.
The Florida Constitution thus acknowledges the right of its citizens to possess and carry weapons for protective purposes. However, it also grants the state legislature the authority to regulate the manner in which arms are borne. This regulatory power allows for the enactment of laws that promote public safety and prevent the misuse of firearms. For instance, Florida law prohibits the possession of certain types of weapons, such as short-barrelled long guns or machine guns, which are typically used for criminal activities.
Additionally, Florida has established specific restrictions on the concealed carry of firearms. It is unlawful to carry a concealed firearm without a license, and doing so may result in felony charges, including potential prison time, probation, and fines. These regulations aim to balance the right to bear arms with the need to maintain public order and safety.
Furthermore, Florida counties have actively participated in the "Right to Bear Arms" discussion, with the majority passing Second Amendment sanctuary resolutions. These resolutions reinforce the commitment to protecting citizens' rights to own and carry firearms, often allowing for open carry within specific parameters, such as during travel to and from hunting or fishing activities.
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The Florida Constitution prohibits drilling for oil and natural gas
The Constitution of the State of Florida, as revised in 1968, consists of certain revised articles proposed by three joint resolutions. The Florida Constitution grants people specific rights and liberties, such as religious freedom, freedom of speech and press, the right to assemble, and the right to bear arms. Notably, it also addresses the issue of drilling for oil and natural gas.
The Florida Constitution, through Amendment 9, explicitly prohibits drilling for exploration or extraction of oil or natural gas in state waters. This prohibition includes the ocean from the shoreline to the outermost boundaries of the state's territorial seas, approximately 10 miles off Florida's Gulf Coast and 3 miles off the Atlantic Coast. The amendment seeks to protect the state's environment and economy, particularly safeguarding Florida's natural resources and ecosystems.
The proposal for Amendment 9, also known as Proposal 91, was led by Commissioner Jacqui Thurlow-Lippisch. It was designed to address the longstanding bipartisan opposition to drilling in both state and federal waters, especially off the Gulf Coast. On March 19, 2018, Proposal 91 received overwhelming approval, with a vote of 32 to one, allowing it to move forward.
Amendment 9 also includes a provision that addresses electronic smoking and vaping. It prohibits the use of vapor-generating electronic devices in enclosed indoor workplaces, consistent with the constitutional amendment banning tobacco smoking in public workplaces approved in 2002. This extension to vaping devices is justified due to the harmful health effects of secondhand inhalation.
While the Florida Constitution prohibits drilling for oil and natural gas in state waters, it is important to note that it does not affect the transportation of oil and gas products produced outside of those waters. This distinction allows for the continued flow of oil and gas products while protecting Florida's territorial seas from the environmental impacts of drilling.
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The Florida Constitution includes the right to freedom of speech and press
The Florida Constitution, like the US Constitution, includes a Bill of Rights, which guarantees freedom of speech and freedom of the press. The Florida Constitution's Bill of Rights is very similar to the United States Bill of Rights, with some additional elaborations and clarifications. For example, while both constitutions protect religious freedom, the Florida Constitution includes a clause stating that this freedom does not justify immoral acts.
The Florida Constitution also includes provisions that are unique to the state and its history. For example, the Constitution addresses the state's environmental concerns by prohibiting drilling for oil and natural gas exploration or extraction on certain state-owned lands. Additionally, it includes sections that pertain to the power of the General Assembly of Florida, such as limiting the duration of sessions and granting the power to license toll bridges and pass general laws for name changes.
The Florida Constitution also differs from the US Constitution in its structure and the separation of powers. The Florida Constitution provides for an executive, legislative, and judicial branch, with a mandated separation of powers between these branches. This means that each branch of the state government has its own distinct roles and responsibilities, and they are prohibited from encroaching on the powers of the other branches.
One of the key differences between the US Constitution and the Florida Constitution is the frequency of amendments and revisions. The Florida Constitution has undergone several revisions since its original adoption, with the most recent major revision taking place in 1968. This revision addressed issues such as fair apportionment of legislative districts and the elimination of the ban on racially integrated schools.
The Florida Constitution's inclusion of the right to freedom of speech and press is fundamental to the state's governance and aligns with the principles established in the US Constitution. It ensures that the people of Florida have the right to express their opinions and ideas freely and that the press can operate without censorship or restriction from the state government.
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Frequently asked questions
The US Constitution applies to the entire country, whereas the Florida Constitution applies only to the state of Florida.
The Florida Constitution includes a bill of rights, which is very similar to the US Bill of Rights, but with more elaborations. It also includes a declaration of rights, which states that capital punishment is not unconstitutional. The Florida Constitution also includes sections on prohibited lotteries, limitations on marine net fishing, and a prohibition against smoking in all indoor workplaces.
The Florida Constitution has been revised multiple times since its original adoption in 1885. Notable changes include the elimination of the prior ban on racially integrated schools in 1968, the reduction in the size of the Florida Cabinet in 1998, and the addition of various amendments over the years.
Both constitutions guarantee certain basic rights, such as religious freedom, freedom of speech, the right to assemble, and the right to bear arms. They also both provide for due process and outline the powers of the government.
