Simone Lawson
Florida has had six state constitutions since it joined the United States as a territory in 1838. The current Florida Constitution was ratified on November 5, 1968, and has been modified several times since. The 1968 constitution was proposed in three joint resolutions during special sessions of the Florida Legislature between June 24 and July 3, 1968. Before 1838, only the Spanish Constitution of 1812 was briefly enacted in Florida.
| Characteristics | Values |
|---|---|
| Date of the current Florida Constitution | November 5, 1968 |
| Number of state constitutions Florida has had | 6 |
| Number of amendments to the current constitution | 146 |
| Date of the previous constitution | 1885 |
| Date of the first constitution as a U.S. territory | 1838 |
| Date Florida was granted admission into the Union | March 3, 1845 |
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What You'll Learn
Florida's constitution has been amended 146 times
Florida's current constitution, which was ratified on November 5, 1968, has been amended 146 times. The state has had six constitutions since it joined the United States, with the first being written and implemented in 1838. The 1968 constitution was proposed during three joint resolutions in special sessions of the Florida Legislature between June 24 and July 3, 1968. The three joint resolutions were:
- House Joint Resolution 1-2X: This resolution constituted the entire revised constitution, except for Articles V, VI, and VIII.
- Senate Joint Resolution 4-2X: This resolution proposed Article VI, which relates to elections and suffrage.
- Senate Joint Resolution 5-2X: This resolution proposed a new Article VIII, which defines the law regarding local government.
The 1968 constitution also carried forward Article V, relating to the judiciary, from the 1885 Constitution.
Florida's constitution can be amended through a citizen-initiated process, a legislative process, a state constitutional convention process, and a commission-referral process. Amendments require a 60% supermajority vote for approval. The most recent amendments to the Florida Constitution were approved on November 5, 2024.
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The current constitution was ratified in 1968
Florida has had several constitutions throughout its history, with the current state constitution being ratified on November 5, 1968. This constitution has been amended 146 times, with the most recent amendments added on November 5, 2024.
Florida's first constitution as a US territory was written and implemented in 1838, with the state being admitted to the Union in 1845. The 1838 constitution was drafted by a convention of 56 prominent Floridians in the coastal town of St. Joseph. However, the people of Florida only narrowly ratified the new constitution, and Congress did not admit the territory as a new state for several years.
In 1861, Florida seceded from the Union, becoming the third state to do so. The state's constitution was amended to withdraw from the Union and delete references to the United States. However, this constitution was short-lived, as Florida came back into the Union in 1865.
The Florida Constitution of 1868 was drafted by a constitutional convention and ratified by voters on May 4, 1868. This constitution was shaped by the Republican Party's dominance and the enfranchisement of African Americans. It conferred the electoral franchise upon "male persons" instead of "white male persons", as stated in the 1865 Constitution.
The Florida Constitution of 1885 reversed some of the gains made by African Americans in the previous constitution. It established a poll tax, which disenfranchised many African Americans and poor whites, and codified segregation. The 1885 Constitution remained in effect until the current constitution was ratified in 1968.
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The 1868 Constitution was profoundly shaped by the Republican Party
The 1868 Constitution of Florida was profoundly shaped by the Republican Party, as it was drafted during the Reconstruction era following the American Civil War. The Constitution aimed to restore civilian control of the state and reshape the government's powers, duties, structure, and function.
One of the most significant changes brought about by the 1868 Constitution was the expansion of voting rights. The new Constitution conferred the electoral franchise upon "male persons," removing the racial qualifier "white" that was present in the 1865 Constitution. This change enfranchised black males, who were previously excluded from voting. However, it's important to note that the Constitution also included a loyalty oath requirement for voters, which may have been a barrier to some seeking to exercise their newly granted voting rights.
The 1868 Constitution also made provisions for the protection and purity of elections. It included measures to prevent bribery, voter intimidation, and the offering of private benefits to induce voters to refrain from casting their votes or to support particular candidates. These measures were designed to ensure fair and honest elections in the state.
Additionally, the 1868 Constitution addressed issues related to taxation and finance. It suspended the collection of all taxes, including state, county, and municipal taxes, and ordered the release of individuals imprisoned for non-payment of taxes. This provision was likely a response to the financial hardships faced by Floridians in the aftermath of the Civil War.
The 1868 Constitution also included a schedule of amendments, indicating that it was intended to be a living document that could be revised and updated over time. This is evident in the subsequent constitutional conventions and amendments that have taken place in Florida's history.
Overall, the 1868 Constitution played a crucial role in shaping the Republican Party's influence in Florida during the Reconstruction era, addressing issues of voting rights, election integrity, taxation, and governance. It laid the foundation for the state's ongoing commitment to refining and improving its constitutional framework.
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The 1885 Constitution codified segregation
Florida has been governed by six different constitutions since it joined the United States. The 1885 Constitution was one of these, and it was particularly significant because it codified segregation.
The 1885 Constitution was produced by the Florida Constitutional Convention of 1885. This convention was called for by the 1885 Legislature, which enacted Chapter 3577, calling for a Constitutional Convention to revise the Constitution of 1868. The 1868 Constitution had been created during the Reconstruction era following the Civil War, and it conferred the electoral franchise upon "male persons" instead of "white male persons".
The 1885 Constitution reversed some of the changes made by the 1868 Constitution. Notably, it established a poll tax as a prerequisite for voting, which effectively disenfranchised many African Americans and poor whites. By 1888, voter turnout had decreased by 27%, and additional provisions were adopted that further suppressed voter registration and turnout. The 1885 Constitution also mandated racial segregation in schools and prohibited marriage between "a white person and a person of negro descent". These measures were part of a broader trend in the Southern and border states, where legal barriers were devised to circumvent the Fifteenth Amendment and prohibit Black voting.
The 1885 Constitution established the makeup of the state government that continued until 1968, when a new constitution was proposed via three joint resolutions in special sessions of the Florida Legislature. The 1968 Constitution included revisions to articles on suffrage, elections, and local government. However, it carried forward Article V, relating to the judiciary, from the 1885 Constitution, as amended.
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The 1838 Constitution was written for statehood
Florida has been governed by six different constitutions since it became a US state. Before 1838, only the Spanish Constitution of 1812 was briefly enacted in Florida. Florida's first constitution as a US territory was written and implemented in 1838. The 1838 Constitution, also known as the "Form of Government for the People of Florida", was drafted by a convention of delegates that convened on December 3, 1838, with Robert R. Reid as president and Joshua Knowles as secretary. The convention was carried out by eighteen committees, each with expertise in a particular area of government. The convention adjourned on January 11, 1839, and the constitution was signed by Reid and Knowles. Notably, the original copy of the 1838 Constitution, signed by all the delegates, has never been found. The only known copy is the "secretary's copy," signed by Reid and Knowles and housed at the State Archives of Florida.
The 1838 Constitution was written to fulfill the requirement for Florida to become a state and join the Union. An act was passed by the Florida Territorial Council in 1838, approved by Governor Richard Keith Call, calling for the election of delegates to a convention to be held in St. Augustine. The preamble to the 1838 Constitution expressed the people of Florida's intention to "form ourselves into a Free and Independent State, by the name of the State of Florida." On March 3, 1845, Florida was officially granted admission into the Union as the 27th state.
The 1838 Constitution was amended but not replaced by Confederate Florida in 1865. In 1868, a new constitution was adopted as part of the process of restoring Florida to the Union, which conferred the electoral franchise upon "male persons" instead of "white male persons." This constitution was further revised in 1885 and 1968, with the current constitution being ratified on November 5, 1968, and subsequently modified several times.
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Frequently asked questions
Florida's first constitution as a U.S. territory was written and implemented in 1838.
The current constitution of Florida was ratified on November 5, 1968, and has been modified by initiative and referendum several times since.
Florida's first constitution as a state was drafted in late 1838 and early 1839.
