Omar Bennett
The Florida Constitution is the state constitution of Florida. It 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. The current Florida Constitution was ratified on November 5, 1968, and has been amended several times since. The first article of the Florida Constitution contains the state's bill of rights, which is similar to the United States Bill of Rights, and includes sections guaranteeing trial by jury, due process, freedom of the press and of religion, and more.
| Characteristics | Values |
|---|---|
| Date of ratification | November 5, 1968 |
| Number of state constitutions | 6 |
| Number of articles | 12 |
| Number of amendments | 146 |
| Number of amendments requiring voter approval | All |
| Number of signatures required for an initiated constitutional amendment | Equal to 8% of votes cast in the last presidential election |
| Percentage of votes required for voter approval | 60% |
| First article | State's bill of rights |
| Similarity to US Bill of Rights | Very similar |
| Length of Declaration of Rights | 27 sections |
| Topics covered in the Declaration of Rights | Guarantee of trial by jury, due process, freedom of the press and of religion, and forbids the passage of ex post facto laws and cruel and unusual punishment |
| Article II | Sets up the state's boundaries and provides for executive, legislative and judicial branches of government |
| Article III | Establishes the Florida State Legislature as a bicameral body |
| Article V | Relates to the judiciary |
| Article VI | Relates to suffrage and elections |
| Article VIII | Relates to local government |
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What You'll Learn
The Florida Constitution's history
The Florida Constitution has undergone several changes since the state acceded to the United States. Notably, Florida has been governed by six different constitutions.
Before 1838, only the Spanish Constitution of 1812 was briefly enacted in Florida, with a monument commemorating La Constitución de Cádiz still standing in St. Augustine today. In 1838, Florida's first constitution as a US territory was written and implemented, and on March 3, 1845, Florida officially became the 27th state of the Union.
During the Reconstruction Era, in 1867, Florida was subject to the military authority of the federal government. To restore civilian control of the state, General John Pope, Commander of the Third Military District, divided the state's 39 counties into 19 districts for the election of delegates to draft a new constitution. This new constitution, which conformed to the Federal Constitution and its Thirteenth and Fourteenth Amendments, was framed in 1868.
The current Florida Constitution was ratified on November 5, 1968, and has since been modified through initiatives and referendums. Notably, the 1968 Constitution included revised articles proposed by three joint resolutions, with one article carried forward from the Constitution of 1885. The 1972 amendments to Article V were particularly significant, as they created a unified state courts system under the administrative supervision of Florida's chief justice.
The Florida Constitution is a living document that continues to evolve, with the official text being edited to remove outdated language when amended.
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The rights and freedoms it guarantees
The Florida Constitution is the state constitution of Florida. It 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. The current Florida Constitution was ratified on November 5, 1968, and has been amended multiple times since. Florida has been governed by six different constitutions since it acceded to the United States.
The first article of the Florida Constitution contains the state's bill of rights, which is very similar to the United States Bill of Rights, with some elaborations. These include a clause stating that the freedom of religion cannot be used to justify immoral acts, and that capital punishment is not unconstitutional. Search and seizure and cruel and unusual punishment protections are to be consistent with the United States Supreme Court's interpretation of those rights.
The Florida Constitution also guarantees the right to bear arms, and the right to assemble. It provides for an executive, legislative, and judicial branch, and mandates a separation of powers. The right to freedom of speech and freedom of the press are also guaranteed.
The Constitution also includes provisions on military power, and due process. No person shall be deprived of life, liberty, or property without due process of law, or be twice put in jeopardy for the same offence, or be compelled in any criminal matter to be a witness against oneself.
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The structure of the state government
The Florida Constitution establishes and describes the powers, duties, structure, and function of the government of the U.S. state of Florida. It is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
The current Florida Constitution, adopted on November 5, 1968, has 12 articles and has been amended 146 times. Florida has been governed by six different constitutions since it became a U.S. state in 1845. The first article of the Florida Constitution contains the state's bill of rights, which is very similar to the United States Bill of Rights. It guarantees rights such as freedom of religion, freedom of speech, freedom of the press, the right to assemble, and the right to bear arms.
The Florida Constitution provides for an executive, legislative, and judicial branch of government. Article II sets up the state's boundaries and establishes these three branches. Article III establishes the Florida State Legislature as a bicameral body, with an upper house of no more than 40 members and a lower house of no more than 120 members.
The Florida Constitution also outlines the qualifications for various government positions. For example, the governor, lieutenant governor, and each cabinet member must be an elector at least thirty years of age who has resided in the state for the preceding seven years. The attorney general must have been a member of the Florida Bar for the preceding five years. No person is eligible for the office of justice of the supreme court or judge of a district court of appeal unless they have been a member of the Florida Bar for the preceding ten years.
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The powers of the government
The Constitution of the State of Florida is the document that establishes and describes the powers, duties, structure, and functions of the government of the U.S. state of Florida, and establishes the basic law of the state. Florida has been governed by six different constitutions since acceding to the United States. The current constitution has 12 articles and has been amended 146 times.
The first article of the Florida Constitution contains the state's bill of rights, which is very similar to the United States Bill of Rights. The Florida Declaration of Rights, however, is much longer than the federal version, with 27 sections, including the right to trial by jury, due process, freedom of the press and religion, and protection from ex post facto laws and cruel and unusual punishment.
The Florida Constitution provides for an executive, legislative, and judicial branch. Unlike the U.S. Constitution, it mandates a separation of powers, prohibiting any one branch from encroaching on the powers held by another. The Florida Supreme Court has interpreted the "separation of powers" requirement to prohibit any branch from delegating its powers.
Article II of the Florida Constitution sets up the state's boundaries and provides for the executive, legislative, and judicial branches of government. Article III establishes the Florida State Legislature as a bicameral body, with an upper house of no more than 40 members serving four-year terms, and a lower house of no more than 120 members serving two-year terms.
Article XI of the Florida Constitution provides for amendments to the constitution. An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. In Florida, the number of signatures required for an initiated constitutional amendment is 8% of the votes cast in the last presidential election across at least half (14) of the state's 27 congressional districts. A 60% vote is required for voter approval.
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How it can be amended
The Florida Constitution has been amended several times since its ratification on November 5, 1968. Florida has been governed by six different constitutions since it became a US state. The current constitution has been amended 146 times, with voters approving two new amendments as recently as November 5, 2024.
The Florida Constitution provides five mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, a state constitutional convention process, and a commission-referral process with two commissions that can refer amendments. All constitutional amendments in Florida require a 60% supermajority vote for approval.
The citizen-initiated process allows citizens to propose constitutional amendments directly. In Florida, this requires gathering signatures from at least 8% of the district-wide vote in at least half (14) of the state's 27 congressional districts.
The legislative process involves the Florida State Legislature proposing amendments. A 60% vote during one legislative session is required to place an amendment on the ballot. This amounts to a minimum of 72 votes in the Florida House of Representatives and 24 votes in the Florida State Senate.
The state constitutional convention process allows for a constitutional convention to be called through an initiative petition. Proponents must collect signatures equal to 15% of the total votes cast in the last presidential election.
The commission-referral process involves two commissions with the power to refer amendments: the Florida Constitution Revision Commission and the Florida Taxation and Budget Reform Commission.
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Frequently asked questions
The preamble to the Florida Constitution is a statement that expresses the intentions and motivations of the people of Florida in establishing their constitution. It begins with the words, "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."
The Florida Constitution includes a Declaration of Rights, which is similar to the U.S. Bill of Rights but contains 27 sections, including the right to trial by jury, due process, freedom of the press and religion, and the prohibition of ex post facto laws and cruel and unusual punishment. It establishes the state's boundaries and provides for executive, legislative, and judicial branches of government. It also establishes the Florida State Legislature as a bicameral body, with an upper house of no more than 40 members and a lower house of no more than 120 members.
The current Florida Constitution, adopted on November 5, 1968, is the state's sixth constitution. It has been amended 146 times, with the most recent amendments approved by voters on November 5, 2024.
The Florida Constitution can be amended through a legislative, citizen-initiated, or convention-referred process. Citizen-initiated amendments require signatures from 8% of voters in at least half of the state's congressional districts and a 60% vote for approval. Amendments proposed by the legislature or a convention also require a 60% vote for approval. All amendments must be approved by voters.
