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The Constitution of Florida is a document that establishes and describes the powers, duties, structure, and function of the government of the state of Florida, and establishes the basic law of the state. Florida has had six different constitutions since its admission to the Union in 1845, with the current one being ratified in 1968. The constitution is organized into twelve articles, each addressing different aspects of state governance and individual rights. Article I, for example, is entitled the Declaration of Rights and has 28 sections. This article guarantees civil liberties such as freedom of speech, religion, and assembly, the right to bear arms, and protection against unreasonable searches and seizures.
| Characteristics | Values |
|---|---|
| Due process | No person shall be deprived of life, liberty, or property without due process of law, nor be twice put in jeopardy for the same offense, nor be compelled in any criminal matter to be a witness against oneself |
| Religious freedom | No law shall be made respecting the establishment of religion, nor prohibiting or penalizing the free exercise thereof |
| Freedom of speech and press | Every person may speak, write, and publish sentiments on all subjects but shall be responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press |
| Right to privacy | Individuals are granted a broad right to privacy, which has been the basis for significant judicial decisions, including those related to reproductive rights and medical records |
| Sunshine Law | The government guarantees public access to governmental meetings and records, ensuring transparency and accountability in state and local government operations |
| Homestead Exemption | A person’s primary residence is protected from forced sale under most circumstances, offering significant protection to homeowners |
| English as the official language | English is the official language of the State of Florida, and the legislature has the power to enforce this by appropriate legislation |
| Civilian control | The Reconstruction era constitution returned civilian control of the state after Florida became subject to the military authority of the federal government in 1867 |
| Searches and seizures | Citizens are protected against unreasonable searches and seizures |
| Right to bear arms | Citizens have the right to bear arms |
| Freedom of assembly | Citizens have the freedom of assembly |
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Freedom of religion
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 state of Florida, and it also establishes the basic law of the state. Florida has been governed by six different constitutions since it joined the United States as the 27th state in 1845. The current Constitution of Florida was ratified on November 5, 1968, and has been modified by initiative and referendum several times since.
One of the requirements for Florida to become a state and join the Union was that its constitution must be approved by the United States Congress. 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 delegates at a convention held in St. Joseph, Florida, and presided over by Robert R. Reid.
The Reconstruction era constitution returned civilian control of the state after Florida became subject to the military authority of the federal government in 1867. The new constitution had to conform with the Federal Constitution, including the Thirteenth and Fourteenth Amendments.
In terms of freedom of religion, the Florida Constitution states:
> "There shall be no law respecting the establishment of religion or prohibiting or penalizing the free exercise thereof. Religious freedom shall not justify practices inconsistent with public morals, peace or safety. No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution."
This means that people in Florida have the right to practice their religion freely, but this does not extend to practices that may be harmful to public morals, peace, or safety. Additionally, no state funds can be used to support any religious institutions.
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Freedom of speech
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 been governed by six different constitutions since it became a state. The current Constitution of Florida was ratified on November 5, 1968, and has been modified by initiative and referendum several times since.
One of the civil liberties enshrined in the Florida Constitution is freedom of speech. Section 4 of the Florida Constitution states:
> Every person may speak, write and publish sentiments on all subjects but shall be responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press.
This is in line with the First Amendment of the United States Constitution, which exists to protect all forms of expression, from political dissent to offensive and controversial speech, from government suppression. The Florida Constitution also protects the right to exercise free speech in connection with public issues, and the rights to peacefully assemble, instruct representatives, and petition for redress of grievances.
The American Civil Liberties Union (ACLU) of Florida has been instrumental in defending the speech rights of protesters and ensuring that groups have the right to express themselves, no matter the content of their speech.
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Right to privacy
The Florida Constitution 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 been governed by six different constitutions since it acceded to the United States. 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 contains an express right to privacy. Article I, Section 23 of the Florida Constitution states that every natural person has the right to be left alone and free from government intrusion into their private life. This right to privacy is broader in scope than the minimum Federal guarantee and provides greater privacy rights than those implied by the U.S. Constitution.
The Florida Supreme Court has held that the state's constitutional right to privacy extends to a woman's decision to continue her pregnancy. In the case of In re T.W., the Court found that prior to the end of the first trimester, the abortion decision must be left to the woman and may not be significantly restricted by the state. After this point, the state may impose restrictions, but only in the least intrusive manner designed to safeguard the mother's health.
The right to privacy also applies to medical information. In Tyson v. State, the court held that the state must demonstrate a compelling interest in the disclosure of medical records. Generally, this burden can be met if the state can show a reasonable, founded suspicion that the records contain information relevant to an ongoing criminal investigation.
The "Winfield" court explained that the expectation of privacy analysis under the Florida Constitution is subjective and depends on the expectation of the specific individual asserting the right. However, in the "Kurtz" case, the Florida Third District Court of Appeal held that requiring job applicants to abstain from using tobacco for one year as a prerequisite for government employment did not violate the applicants' right to privacy.
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Due process
The Constitution of Florida establishes and describes the powers, duties, structure, and functions of the government of the U.S. state of Florida, and outlines the basic law of the state. Florida has been governed by six different constitutions since it became a state. The current Constitution of Florida was ratified on November 5, 1968, and has been modified by initiative and referendum several times since.
One of the civil liberties outlined in the Florida Constitution is due process. Section 9 of the Florida Constitution states that:
> No person shall be deprived of life, liberty or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself.
This right to due process is also protected by the Fourteenth Amendment of the U.S. Constitution, which guarantees privileges and immunities of citizenship, due process, and equal protection. Under this amendment, the Court has held that a standard at least as stringent as clear and convincing evidence is required in a civil proceeding to commit an individual involuntarily to a state mental hospital indefinitely. Similarly, the state may not terminate parental rights without proving that the parents are unfit by clear and convincing evidence.
The Florida Constitution also establishes a Fish and Wildlife Conservation Commission, which must establish procedures to ensure adequate due process in the exercise of its regulatory and executive functions.
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Right to bear arms
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 been governed by six different constitutions since acceding to the United States. The current Constitution of Florida was ratified on November 5, 1968, and has been modified by initiative and referendum several times since.
One of the civil liberties found in the Florida Constitution is the right to bear arms. According to the Florida Constitution:
> "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."
The Florida Constitution recognizes that adult citizens of the state retain their constitutional right to keep and bear firearms for hunting and sporting activities, and for the defense of self, family, home, and business, as well as for collectibles. The manner of bearing arms, however, may be regulated by law.
Holders of a concealed weapon permit as prescribed in Florida law are exempt from certain provisions. For example, the legislature shall enact legislation to provide that anyone violating the provisions shall be guilty of a felony. Additionally, this restriction does not apply to the trade-in of another handgun.
The right to bear arms in Florida is further supported by the state's recognition of the Second Amendment rights of its citizens. The legislature of the State of Florida, in its "Weapons and Firearms" statute, explicitly recognizes the right of adult citizens to keep and bear firearms for legitimate purposes. Governor Ron DeSantis has also recently signed legislation to protect Second Amendment rights during a state of emergency.
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Frequently asked questions
The Florida Constitution has 12 articles, each addressing different aspects of state governance and individual rights. Some civil liberties found in the Florida Constitution include:
- Freedom of speech, religion, and assembly
- Right to bear arms
- Right to privacy
- Protection against unreasonable searches and seizures
- Due process
- Religious freedom
Florida has had six different constitutions since its admission to the Union in 1845. The first constitution was adopted in 1838, predating Florida’s statehood. Subsequent versions were crafted in 1861, 1865, 1868, 1885, and the most current version, which was adopted in 1968. The 1968 constitution modernized the state government, reflecting the civil rights movements and shifting demographics of the time. It also streamlined the process for amendments, making it more accessible for citizens to propose changes.
There are multiple avenues through which amendments can be proposed:
- Legislative Proposal: The Florida Legislature can propose amendments by a three-fifths vote in each chamber.
- Citizen Initiative: Citizens can propose amendments by gathering signatures from a specific percentage of voters in each congressional district.
- Constitutional Convention: A constitutional convention can be called to propose amendments or draft a new constitution if approved by voters in a referendum.
- Taxation and Budget Reform Commission: This commission, which meets every 20 years, can propose amendments related to state finance and taxation.
Once proposed, amendments must be approved by a 60% majority of voters in a general election to be adopted.
