Jonah Patel
The Florida Constitution is the state constitution of Florida and outlines 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 Florida Constitution was adopted on November 5, 1968, and has since been amended 146 times. Florida has had six constitutions since acceding to the United States, with the first constitution as a US territory being written and implemented in 1838. The current constitution consists of 12 articles and provides for an executive, legislative, and judicial branch, with a mandated separation of powers.
| Characteristics | Values |
|---|---|
| Date of ratification | November 5, 1968 |
| Number of articles | 12 |
| Number of amendments | 146 |
| Number of times Florida has been governed by a different constitution | 6 |
| First article | State's bill of rights |
| Other sections | Political power, basic rights, freedom of speech and press, right to assemble, right to work, military power, right to bear arms, due process, imprisonment for debt, etc. |
| Amendments | Citizen-initiated, legislative, convention-referred, or through commission referrals from the Florida Constitution Revision Commission and the Florida Taxation and Budget Reform Commission |
| Voter approval for amendments | Required and achieved a 60% vote |
| Number of signatures required for citizen-initiated amendments | 8% of votes cast in the last presidential election |
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What You'll Learn
Florida's state constitution
The Constitution of the State of Florida is the document that 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. Florida has had six state constitutions, the first of which was written and implemented in 1838, after Florida became a U.S. territory. The current Constitution of Florida was ratified on November 5, 1968, and has been modified by initiative and referendum several times since.
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. This includes the right to religious freedom, freedom of speech and press, the right to assemble, and the right to bear arms. The Florida constitution also provides for an executive, legislative, and judicial branch, and mandates a separation of powers.
The Florida Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, as well as 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. Citizens can initiate constitutional amendments by gathering signatures equal to 8% of the votes cast in the last presidential election across at least half of the state's 27 congressional districts, and a 60% vote is required for voter approval.
The Florida Constitution has been amended 146 times as of 2024. Voters last approved two new amendments to the Florida Constitution on November 5, 2024.
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Bill of rights
The Florida Constitution is the state constitution of Florida. The current constitution, adopted on November 5, 1968, is the state's sixth and contains 12 articles. The first article contains the state's Bill of Rights, which is very similar to the United States Bill of Rights. However, there are some notable elaborations and differences.
The Florida Constitution's Bill of Rights includes a clause stating that the freedom of religion cannot be used to justify immoral acts. It also specifies that capital punishment is not unconstitutional and that search and seizure and cruel and unusual punishment protections are to align with the United States Supreme Court's interpretations. Additionally, it provides for an executive, legislative, and judicial branch, mandating a separation of powers.
The Bill of Rights also guarantees the right to bear arms, freedom of speech and the press, the right to assemble, and the right to work. It ensures due process, prohibiting the deprivation of life, liberty, or property without it. It also includes provisions related to military power and prohibited laws, such as imprisonment for debt.
Florida's Constitution can be amended through various processes, including legislative amendments, citizen-initiated amendments, and amendments referred by constitutional conventions or commissions. Citizen-initiated amendments require signatures from 8% of voters in at least half of the state's congressional districts and a subsequent 60% voter approval for passage. The Constitution Revision Commission, which meets every 20 years, also plays a crucial role in proposing constitutional amendments.
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Amendments
The Florida Constitution has been amended 146 times as of November 5, 2024, when voters approved two new amendments. Amendments to the Florida Constitution can be made through a legislative, citizen-initiated, or convention-referred constitutional amendment, as well as 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.
The Florida Constitution Revision Commission and the Taxation and Budget Reform Commission are unique to Florida and are empowered to refer constitutional amendments to the ballot. The Constitution Revision Commission convenes every 20 years, beginning in 1977, while the Taxation and Budget Reform Commission convenes every 20 years, beginning in 2007.
Citizen-initiated constitutional amendments in Florida require signatures from at least 8% of the district-wide vote in at least half (14) of the state's 27 congressional districts. A 60% vote is required for voter approval of citizen-initiated amendments.
The Florida Constitution has been amended to include a variety of rights and provisions, including the right to bear arms, due process protections, and the prohibition of certain laws. The Constitution also provides for an executive, legislative, and judicial branch, with a mandated separation of powers between the branches.
The Florida Constitution has been modified several times since its ratification in 1968 to reflect changes in legislation and to remove obsolete language. The current constitution consists of 12 articles, with the most recent amendments being adopted on November 5, 2024.
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Separation of powers
The Florida Constitution is the document that outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Florida has been governed by six different constitutions since it joined the United States, and the current constitution was ratified on November 5, 1968, and has been amended several times since.
The Florida Constitution provides for an executive, legislative, and judicial branch of government, with a mandated separation of powers between these branches. This means that no one branch can encroach upon the powers held by another, nor can any branch delegate its powers. The Florida Supreme Court has interpreted this "separation of powers" requirement to maintain the independence and integrity of each branch of government.
The executive branch of the Florida government is headed by the Governor, who is responsible for enforcing the state's laws and overseeing the day-to-day management of the state. The legislative branch is composed of the Senate and the House of Representatives, which are responsible for creating and passing laws. The judicial branch, led by the Florida Supreme Court, interprets the laws and ensures that they are applied fairly and consistently.
The Florida Constitution also establishes the basic rights and freedoms of the people of Florida, including religious freedom, freedom of speech and the press, the right to assemble, the right to work, and the right to bear arms. It guarantees equal civil and political rights for all citizens and ensures due process and protection from unreasonable searches and seizures.
The Constitution can be amended through a legislative, citizen-initiated, or convention-referred process, with all amendments requiring voter approval. The Florida Constitution Revision Commission, which convenes every 20 years, and the Florida Taxation and Budget Reform Commission are also empowered to refer constitutional amendments to the ballot.
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The right to bear arms
The Florida Constitution 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 Constitution of Florida was ratified on November 5, 1968, and has been modified by initiative and referendum several times since.
The Florida Constitution Article 1, Section 8(a) or Section 20 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 is very similar to the United States Bill of Rights, which includes the Second Amendment defining the Right to Bear Arms: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
The Supreme Court of Florida has held that the Florida Legislature has broad authority to regulate firearms for public health and safety purposes. For example, the legislature shall enact legislation to ensure that anyone violating the provisions of subsection (b) of the following shall be guilty of a felony: "Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph."
The Justifiable Use of Force law (Florida Statutes, Chapter 776) says that individuals have no "duty to retreat" and may meet force with force when attacked in a place they lawfully have the right to be. Force can include deadly force with a gun if the individual reasonably believes it’s necessary to prevent imminent death and bodily harm to themselves.
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Frequently asked questions
The Florida Constitution is the state constitution of Florida. It is a document that 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.
I cannot find information on the length of the Florida Constitution. However, it is divided into 12 articles and has been amended 146 times.
The Florida Constitution includes rights such as freedom of speech and press, the right to assemble, the right to bear arms, and the right to work.
The Florida Constitution can be amended through a legislative, citizen-initiated, or convention-referred constitutional amendment, as well as 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.
