Malcolm Rivera
The Florida Constitution has been amended several times since its ratification in 1968, with changes made to various sections. The constitution provides for an executive, legislative, and judicial branch, with a mandated separation of powers. It begins with a preamble, which starts 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....
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What You'll Learn
Suffrage and elections
The Florida Constitution provides for an executive, legislative, and judicial branch, with a mandated separation of powers. Suffrage and elections are covered in Article VI, which was proposed by the Senate Joint Resolution 4-2X.
Article VI legitimized a poll tax as a prerequisite for voting, which led to the disenfranchisement of Black people and poor White people. This caused a 27% decrease in voter turnout by 1888, and additional provisions were adopted that further suppressed voter registration and turnout.
Article IV of the Florida Constitution governs the election of the Florida governor, lieutenant governor, and cabinet members. It specifies that the cabinet will consist of an attorney general, a chief financial officer, and a commissioner of agriculture, and it designates them as elected rather than appointed. The governor and lieutenant governor are elected for a term of four years, and in primary elections, candidates for governor may choose to run without a lieutenant governor candidate.
The Florida Constitution also establishes the Florida Supreme Court and the Florida District Courts of Appeal, as well as circuit and county courts, and sets forth their jurisdiction. The legislature is also required to divide the state into appellate court districts and judicial circuits following county lines.
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Local government
The Florida Constitution establishes the government of Florida, outlining the three branches of government: the executive, the legislative, and the judicial. The executive branch is led by the governor of Florida, who is the chief executive and administrative officer of the state. The legislative branch, the Florida Legislature, consists of the Senate and the House of Representatives, with the Senate comprising 40 members and the House 120. The judicial branch is made up of the Supreme Court of Florida and lower courts.
Municipalities, which can be referred to as towns, cities, or villages, often have their own police and fire departments and provide essential services such as water and waste collection. They may also enter into agreements with counties to provide certain services. School districts are another form of local government in Florida, with one district for each county. The Florida Constitution permits adjoining counties to merge their school districts upon voter approval.
Special districts, such as community development districts, possess similar powers to cities or counties but notably lack police power. These districts are governed by Chapter 190 of the Florida Statutes. Local governments in Florida are incorporated by special acts of the Florida Legislature, which can include the creation of smaller municipal governments within a consolidated municipality or county.
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Natural resources and scenic beauty
The Florida Constitution begins with a preamble, as is the case with most constitutions, which reads:
"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 to ourselves and our posterity the blessings of liberty, do ordain and establish this constitution."
Now, here is the content focused on 'Natural resources and scenic beauty':
Section 7 of the Florida Constitution is dedicated to the conservation and protection of the state's natural resources and scenic beauty. It recognises the importance of addressing air and water pollution, excessive noise, and the overall conservation of natural resources.
Part (a) of Section 7 outlines the state's commitment to environmental protection and conservation:
> "It shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise and for the conservation and protection of natural resources."
This part establishes the state's responsibility to address environmental issues through legal measures.
Part (b) of the same section addresses specific concerns regarding water pollution in the Everglades Agricultural Area:
> "Those in the Everglades Agricultural Area who cause water pollution within the Everglades Protection Area or the Everglades Agricultural Area shall be primarily responsible for paying the costs of the abatement of that pollution."
Here, the constitution clearly assigns responsibility for pollution remediation to the polluters themselves, ensuring that the financial burden of cleaning up pollution falls on those who caused it.
Part (c) further emphasises the state's commitment to protecting its citizens and their environment from the potential risks associated with drilling for exploration or extraction of oil and natural gas:
> "To protect the people of Florida and their environment, drilling for exploration or extraction of oil or natural gas is prohibited on lands beneath all state waters which have not been alienated and that lie between the mean high water line and the outermost boundaries of the state's coastal wetlands, as defined by law."
This part ensures that the state's natural beauty and the wellbeing of its citizens are prioritised over potential industrial endeavours.
The inclusion of Section 7 in the Florida Constitution demonstrates the state's recognition of the importance of environmental conservation and its commitment to protecting Florida's natural resources and scenic beauty for future generations.
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Due process
The Florida Constitution provides for an executive, legislative, and judicial branch, with a mandated separation of powers. Section 9 of the Florida Constitution outlines the right to due process, stating that no person shall be deprived of life, liberty, or property without due process of law. This is a fundamental principle that protects individuals from arbitrary deprivation of their rights by the government.
The due process clause serves as a safeguard against unjust deprivation of life, liberty, or property, ensuring that fair procedures are followed when the government seeks to take such actions. It requires that individuals be given notice and an opportunity to be heard before any adverse action is taken against them. This provision is designed to prevent the government from acting in an arbitrary or capricious manner and to ensure that individuals have a meaningful opportunity to defend their rights.
The right to due process is a cornerstone of a fair and just legal system, and it applies to both civil and criminal matters. In the context of criminal proceedings, the due process clause guarantees additional rights, such as the right to be free from self-incrimination and the right to be protected from double jeopardy, which is also explicitly stated in Section 9 of the Florida Constitution. This means that an individual cannot be tried or punished twice for the same offense, providing further protection against governmental overreach.
The due process clause also encompasses the concept of substantive due process, which protects fundamental rights that are not explicitly mentioned in the Constitution. These rights are inherent and implied, and courts have interpreted them to include liberties such as the right to privacy, the right to marry, and the right to bodily autonomy. Substantive due process serves as a check on government actions that infringe upon these fundamental rights, ensuring that they are not violated without a compelling state interest and that any infringement is narrowly tailored to achieve that interest.
In conclusion, the due process clause in Section 9 of the Florida Constitution is a critical safeguard for the protection of individual rights and liberties. It ensures that fair procedures are followed, prevents arbitrary deprivation of life, liberty, or property, and provides additional guarantees in criminal proceedings. Furthermore, the concept of substantive due process expands the scope of protected rights, ensuring that the government respects and upholds fundamental freedoms.
Transcription: Understanding the Process and Its True Nature
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Judicial circuits
The Florida Constitution establishes the state's judicial system, which includes the Supreme Court, six district courts of appeal, 20 circuit courts, and 67 county courts. Each layer of the Florida judicial system has distinct roles and responsibilities in administering justice across the state.
The 20 circuit courts in Florida are trial courts with general jurisdiction, handling the majority of jury trials in the state. They are courts of original jurisdiction for most controversies, with powers not vested in the county courts. This includes handling felony criminal cases, family law matters, civil cases with amounts in controversy exceeding $50,000, probate, guardianship, and mental health cases, as well as juvenile dependency and delinquency matters. The circuit courts also oversee appeals of decisions in specific administrative, non-criminal infractions, and other types of cases.
Florida's circuit courts are divided into judicial circuits, with 15 of the 20 circuits spanning multiple counties. For instance, the First Circuit includes Escambia, Okaloosa, Santa Rosa, and Walton counties, while the Second Circuit comprises Franklin, Gadsden, Jefferson, Leon, Liberty, and Wakulla counties.
Some of Florida's circuit courts have specialized divisions or programs. For example, the Ninth Judicial Circuit (Orange and Osceola Counties) has a Business Court, while the Eleventh Judicial Circuit (Miami-Dade County) features a Complex Business Litigation Division and an International Commercial Arbitration Court. The Thirteenth Judicial Circuit (Hillsborough County) and the Seventeenth Judicial Circuit (Broward County) also have specialized divisions for complex business litigation and complex tort cases.
Circuit courts in Florida play a crucial role in the state's judicial system, providing a forum for jury trials and handling a diverse range of cases, including criminal, civil, family law, and other specialized matters.
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Frequently asked questions
Section one denotes the official state boundaries.
Section two denotes basic rights.
Section three prescribes a separation of powers.
Section 5 refers to the election of the governor, lieutenant governor, and cabinet members, as well as their qualifications and terms.
Section 7 refers to the conservation and protection of the state's natural resources and scenic beauty, including specific provisions for the Everglades Protection Area.
