The Florida Constitution

The current Florida Constitution, the Constitution of 1968, was proposed on June 24-July 3 of 1968 via three joint resolutions in special sessions of the Florida Legislature. House Joint Resolution 1-2X included all revisions except for Article V, Article VI, and Article VIII. Senate Resolution 4-2X proposed the new Article VI which relates to elections and suffrage. Senate Resolution 5-2X proposed a new Article VIII which defined law regarding local government. Article V was included from the 1885 constitution as amended.

The constitution was ratified via referendum by the electorate on November 5, 1968.

Article I: "Declaration of Rights"
The Florida Constitution begins with a Declaration of Rights, which is similar to the U.S. Bill of Rights but, like most state bills of rights, is broader than the federal version. Among other things, the Florida Constitution guarantees trial by jury, due process, freedom of the press and of religion. It also forbids, among other things, the passage of ex post facto laws and cruel and unusual punishment.

Section 6 guarantees workers' right-to-work (though right to work laws are common in southern US states where unions are not strong, only Arkansas, Arizona, Mississippi, and Oklahoma have similar constitutional provisions).

Section 8 affirms 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.

Section 26 contains a unique provision regarding awards in medical liability claims, whereby in any contingency fee arrangement the claimant is entitled to 70% of the first $250,000 of award and 90% of any amount exceeding $250,000.

Article II: "General Provisions"
The Florida constitution provides for an executive, legislative, and judicial branch. Unlike the U.S. Constitution, it mandates a separation of powers. The Florida Supreme Court has interpreted the "separation of powers" requirement to prohibit both encroachment by any one branch on the powers held by another, and delegation by any branch of its powers.

Section 1 denotes the official state boundaries.

Section 2 denotes basic rights

Section 3 proscribes for separation of powers

Section 7 mandates that those living in the Everglades Protection Area, who cause water pollution, will be primarily responsible for its remediation.

Section 9 mandates that English is the official language of the state.

Article III: "Legislature"
Article III requires that the Florida Legislature be a bicameral body, with an upper house of not more than 40 members elected to four year terms, and a lower house of not more 120 members elected to two year terms.

Sections 10 and 11 discuss special laws (those affecting portions of the state, not the entire) and prohibitions against.

Section 6 discusses the "single subject requirement" limitation on laws.

Sections 20 and 21 set standards for drawing congressional and legislative districts.

Article IV: "Executive"
Article IV governs the election of the Florida Governor and Lieutenant Governor, and of the Florida Cabinet. It currently specifies that the cabinet will consist of an Attorney General, a Chief Financial Officer, and a Commissioner of Agriculture with specifically defined powers, and it designates them as elected rather than appointed.

Article V: "Judiciary"
Article V establishes the Florida Supreme Court and the Florida District Courts of Appeal, as well as circuit and county courts, describes how they are to be appointed, and sets forth their jurisdiction. It has been amended a number of times since ratification of the 1968 Constitution. Most notably, the voters approved extensive amendments in 1972 to create a unified state courts system, placing all lower courts under the administrative supervision of Florida's chief justice. This change required the creation of a new Florida Office of the State Courts Administrator, which assists the chief justice. The 1972 amendments further reduced the different kinds of courts that existed in Florida from ten to four, and made this system uniform throughout the state for the first time in Florida history. An amendment ratified in 1976 ended contested elections for Florida's appellate judges and made them subject to merit retention votes under a modified Missouri Plan. 

Article VI: "Suffrage and Elections"
Discusses the requirements for voters and when voting rights are disqualified.

Section 4(b) places eight-year term limits on all legislative and executive office holders. (The section also places limits on Congressional officeholders; however, these provisions were ruled unconstitutional elsewhere and thus have no effect.)

Article VII: "Finance and Taxation"
Article VII specifically prohibits the levying of an income tax, except via very strict limitations.

The article further delineates the purposes for which bonds can be issued, and requires that certain bonds be approved by the voters in the affected area.

Article VIII: "Local Government"
Article VIII covers local government, distinguishing between charter counties and non-charter counties. Two key distinctions are set forth therein:


 * 1) Charter counties may pass any laws that are not inconsistent with the Florida Constitution, whereas non-charter counties may only pass laws where the state legislature authorizes them to do so.
 * 2) Municipal laws over-ride inconsistent laws passed by non-charter counties; for chartered counties, the charter itself will determine which law governs.

Article IX: "Education"
Discusses both PK-12 and college/university public education.

Though many states have laws requiring smaller classroom sizes, Section 1(a) places this as a constitutional requirement that, by 2010, the legislature will provide adequate funding so that PK-3 classes do not exceed 18 students/teacher, 4-8 classes do not exceed 22 students/teacher, and 9-12 classes do not exceed 25 students/teacher. Extracurricular classes are specifically exempt.

Section 1(b) also mandates a voluntary PK-4 program in all public schools.

Under Section 2, each county is a separate school district, though contiguous counties may combine into one school district upon voter approval.

Section 5 requires that the county school superintendent be elected by the voters, unless legislation has been passed which allows the individual to be employed by the school board.

Section 7 discusses the Florida State University System and its bi-level governing structure.

The overall system is governed by a 17-member Board of Governors, of which 14 members are appointed by the Governor of Florida with consent of the Florida Senate and serve staggered seven-year terms. The remaining three members consist of the Florida Commissioner of Education, the chair of the advisory council of faculty senates (or the equivalent), and the president of the Florida Student Association.

In addition, each university is governed by a 13-member Board of Trustees, of which six members are appointed by the Governor and five members appointed by the Board of Governors, with consent of the Florida Senate and serve staggered five-year terms. The remaining two members consist of the chair of the university's faculty senate and the president of the university's student body.

Article X: "Miscellaneous"
Includes various provisions.

Section 4 lays out Florida's homestead exemption provision, considered one of the most protective in the nation for resident property owners. The provision exempts from forced sale (except to pay taxes, mortgages, or mechanic's lien) 160 acres of contiguous land plus all improvements (if located outside a municipality) or 1/2 acre of contiguous land plus all improvements (if located inside a municipality), regardless of the property's value, plus personal property up to US$1,000. Upon the owner's death, the exemptions extend to the surviving spouse or to the heirs.

Section 6c, resulting from the Kelo v. City of New London decision, prohibits the conveyance of property taken by eminent domain to another person or private entity without 3/5ths approval of both houses of the Florida Legislature.

This article contains sections both prohibiting lotteries (Section 7) and simultaneously allowing them (Section 15).

Section 16 discusses the limitations on marine net fishing.

Section 20 contains a constitutional prohibition against smoking in indoor workplaces.

Section 21 contains a prohibition "[l]imiting cruel and inhumane confinement of pigs during pregnancy".

Section 22 requires parental notification prior to a minor obtaining an abortion.

Section 24 specifies the state minimum wage. Unlike the Federal and other state minimum wage laws, this section contains an annual index to adjust the wage for inflation (the wage is adjusted effective January 1 of each year).

Section 26 requires the automatic revocation of any medical license where the provider has committed three or more incidents of medical malpractice.

Article XI: "Amendments"
The method of "compilation" for the Florida Constitution is unlike that of the federal constitution. When the Florida Constitution is amended the official text of the document is edited, removing language that is no longer in force.

However, the constitution usually includes history notes appended to the sections indicating when parts of it were amended. However, sections that were a part of the 1968 revision do not contain history notes prior to 1968. The section, indexes, headings, and notes are considered editorial features and not part of the Constitution per se.

Amendment process
In the Florida Constitution there exist five ways that the Constitution can be amended:
 * By the Florida Legislature, with a three-fifths vote of the membership of both houses.
 * By a Constitutional Revision Committee, consisting of 37 members; the Committee will initially meet in 2017 and every 20 years thereafter to consider and propose amendments.
 * By the Taxation and Budget Commission, consisting of 22 members; the Committee will initially meet in 2007 and every 20 years thereafter to consider and propose amendments.
 * By voter initiative, and after a simple majority approval by voters in an election, to call a Constitutional Convention to consider and propose amendments.
 * By voter initiative, as a proposed amendment to appear on the ballot (limited to a single subject).

Amendment approval
Except as noted below, all amendments proposed, regardless of the method of amendment, must be approved by 60 percent of the voters in a referendum held simultaneously with the next general election (that is, the next one at least 90 days after the amendment is filed with the custodian of state records) before they become a part of the Constitution.
 * Amendments involving creation of "new State taxes or fees" require a two-thirds approval of the voters.
 * The Florida Legislature, via a three-fourths majority, may pass a law calling for a special election date on any amendment (again, which must be 90 days after the amendment is filed with the custodian of state records).

Notable amendments
Many diverse, and sometimes controversial amendments, have been proposed to the Florida Constitution over the years. From modifications to the amendment process itself, to parental notification of a minor's intent to terminate a pregnancy, to minimum wage increases, to limiting cruel and inhumane confinement of pigs during pregnancy.

Article XII: "Schedule"
This article provides a transition between the 1885 and 1968 Constitutions.

Constitutional Revision Commission
Once every twenty years Florida's Constitution provides for the creation of a thirty-seven member revision commission to review Florida's Constitution and propose changes for voter approval. The Commission meets for approximately 12 months, traveling the State of Florida, identifing issues, performing research, receiving citizen input and possibly recommending changes to the Constitution. The last comprehensive review of Florida's Constitution was in 1997-1998 when Florida's population had grown by 63 percent since the 1977-1978 commission convened. It is projected that Florida's population will exceed 17 million by the year 2010, impacting the state's transportation, education, health care, natural resources, pollution and crime. The state's Constitution guides the government's actions regarding these issues and the Revision Commission looks to the citizens for direction.

Constitutional Challenge
In 2010 the Florida Supreme Court adopted a rule of civil procedure creating special requirements for challenges to the Florida Constituion.

Pursuant to [http://www.floridacivpro.com/Rule1071.php Fla. R. Civ. P. 1.071], a party that files a pleading, written motion, or other paper drawing into question the constitutionality of a state statute or a county or municipal charter, ordinance, or franchise must promptly file a “notice of constitutional question” that identifies the paper raising the question. And serve by certified or registered mail the notice and paper on the Attorney General or state attorney in the judicial circuit in which the action is pending.