CONSTITUTION
OF THE
STATE OF FLORIDA
AS REVISED IN 1968
AND SUBSEQUENTLY AMENDED
The Constitution
of the State of Florida as revised in 1968 consisted
of certain revised articles as proposed by three joint
resolutions which were adopted during the special
session of June 24-July 3, 1968, and ratified by the
electorate on November 5, 1968, together with one
article carried forward from the Constitution of 1885,
as amended. The articles proposed in House Joint
Resolution 1-2X constituted the entire revised
constitution with the exception of Articles V, VI, and
VIII. Senate Joint Resolution 4-2X proposed Article
VI, relating to suffrage and elections. Senate Joint
Resolution 5-2X proposed a new Article VIII, relating
to local government. Article V, relating to the
judiciary, was carried forward from the Constitution
of 1885, as amended.
Sections composing
the 1968 revision have no history notes. Subsequent
changes are indicated by notes appended to the
affected sections. The indexes appearing at the
beginning of each article, notes appearing at the end
of various sections, and section and subsection
headings are added editorially and are not to be
considered as part of the constitution.
PREAMBLE
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
equal civil and political rights to all, do ordain and
establish this constitution.
ARTICLE
I DECLARATION OF RIGHTS
ARTICLE
II GENERAL PROVISIONS
ARTICLE
III LEGISLATURE
ARTICLE
IV EXECUTIVE
ARTICLE
V JUDICIARY
ARTICLE
VI SUFFRAGE AND ELECTIONS
ARTICLE
VII FINANCE AND TAXATION
ARTICLE
VIII LOCAL GOVERNMENT
ARTICLE
IX EDUCATION
ARTICLE
X MISCELLANEOUS
ARTICLE
XI AMENDMENTS
ARTICLE
XII SCHEDULE
ARTICLE
I
DECLARATION OF RIGHTS
SECTION
1. Political power.
SECTION
2. Basic rights.
SECTION
3. Religious freedom.
SECTION
4. Freedom of speech and press.
SECTION
5. Right to assemble.
SECTION
6. Right to work.
SECTION
7. Military power.
SECTION
8. Right to bear arms.
SECTION
9. Due process.
SECTION
10. Prohibited laws.
SECTION
11. Imprisonment for debt.
SECTION
12. Searches and seizures.
SECTION
13. Habeas corpus.
SECTION
14. Pretrial release and detention.
SECTION
15. Prosecution for crime; offenses
committed by children.
SECTION
16. Rights of accused and of victims.
SECTION
17. Excessive punishments.
SECTION
18. Administrative penalties.
SECTION
19. Costs.
SECTION
20. Treason.
SECTION
21. Access to courts.
SECTION
22. Trial by jury.
SECTION
23. Right of privacy.
SECTION
24. Access to public records and meetings.
SECTION
25. Taxpayers' Bill of Rights.
SECTION 1. Political power.--
All political power is inherent in the people. The
enunciation herein of certain rights shall not be
construed to deny or impair others retained by the
people.
SECTION 2. Basic rights.--
All natural persons, female and male alike, are equal
before the law and have inalienable rights, among
which are the right to enjoy and defend life and
liberty, to pursue happiness, to be rewarded for
industry, and to acquire, possess and protect
property; except that the ownership, inheritance,
disposition and possession of real property by aliens
ineligible for citizenship may be regulated or
prohibited by law. No person shall be deprived of any
right because of race, religion, national origin, or
physical disability.
History.--Am. S.J.R. 917, 1974; adopted 1974;
Am. proposed by Constitution Revision Commission,
Revision No. 9, 1998, filed with the Secretary of
State May 5, 1998; adopted 1998.
SECTION 3. Religious freedom.--
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.
SECTION 4. 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. In all
criminal prosecutions and civil actions for defamation
the truth may be given in evidence. If the matter
charged as defamatory is true and was published with
good motives, the party shall be acquitted or
exonerated.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 5. Right to assemble.--
The people shall have the right peaceably to assemble,
to instruct their representatives, and to petition for
redress of grievances.
SECTION 6. Right to work.--
The right of persons to work shall not be denied or
abridged on account of membership or non-membership in
any labor union or labor organization. The right of
employees, by and through a labor organization, to
bargain collectively shall not be denied or abridged.
Public employees shall not have the right to strike.
SECTION 7. Military power.--
The military power shall be subordinate to the civil.
SECTION 8. Right to bear arms.--
(a) 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.
(b) There shall
be a mandatory period of three days, excluding
weekends and legal holidays, between the purchase and
delivery at retail of any handgun. For the purposes of
this section, "purchase" means the transfer
of money or other valuable consideration to the
retailer, and "handgun" means a firearm
capable of being carried and used by one hand, such as
a pistol or revolver. Holders of a concealed weapon
permit as prescribed in Florida law shall not be
subject to the provisions of this paragraph.
(c) The
legislature shall enact legislation implementing
subsection (b) of this section, effective no later
than December 31, 1991, which shall provide that
anyone violating the provisions of subsection (b)
shall be guilty of a felony.
(d) This
restriction shall not apply to a trade in of another
handgun.
History.--Am. C.S. for S.J.R. 43, 1989; adopted
1990.
SECTION 9. Due process.--
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.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 10. Prohibited laws.--
No bill of attainder, ex post facto law or law
impairing the obligation of contracts shall be passed.
SECTION 11. Imprisonment for debt.--
No person shall be imprisoned for debt, except in
cases of fraud.
SECTION 12. Searches and seizures.--
The right of the people to be secure in their persons,
houses, papers and effects against unreasonable
searches and seizures, and against the unreasonable
interception of private communications by any means,
shall not be violated. No warrant shall be issued
except upon probable cause, supported by affidavit,
particularly describing the place or places to be
searched, the person or persons, thing or things to be
seized, the communication to be intercepted, and the
nature of evidence to be obtained. This right shall be
construed in conformity with the 4th Amendment to the
United States Constitution, as interpreted by the
United States Supreme Court. Articles or information
obtained in violation of this right shall not be
admissible in evidence if such articles or information
would be inadmissible under decisions of the United
States Supreme Court construing the 4th Amendment to
the United States Constitution.
History.--Am. H.J.R. 31-H, 1982; adopted 1982.
SECTION 13. Habeas corpus.--
The writ of habeas corpus shall be grantable of right,
freely and without cost. It shall be returnable
without delay, and shall never be suspended unless, in
case of rebellion or invasion, suspension is essential
to the public safety.
SECTION 14. Pretrial release and detention.--
Unless charged with a capital offense or an offense
punishable by life imprisonment and the proof of guilt
is evident or the presumption is great, every person
charged with a crime or violation of municipal or
county ordinance shall be entitled to pretrial release
on reasonable conditions. If no conditions of release
can reasonably protect the community from risk of
physical harm to persons, assure the presence of the
accused at trial, or assure the integrity of the
judicial process, the accused may be detained.
History.--Am. H.J.R. 43-H, 1982; adopted 1982.
SECTION 15. Prosecution for crime; offenses
committed by children.--
(a) No person
shall be tried for capital crime without presentment
or indictment by a grand jury, or for other felony
without such presentment or indictment or an
information under oath filed by the prosecuting
officer of the court, except persons on active duty in
the militia when tried by courts martial.
(b) When
authorized by law, a child as therein defined may be
charged with a violation of law as an act of
delinquency instead of crime and tried without a jury
or other requirements applicable to criminal cases.
Any child so charged shall, upon demand made as
provided by law before a trial in a juvenile
proceeding, be tried in an appropriate court as an
adult. A child found delinquent shall be disciplined
as provided by law.
SECTION 16. Rights of accused and of
victims.--
(a) In all
criminal prosecutions the accused shall, upon demand,
be informed of the nature and cause of the accusation,
and shall be furnished a copy of the charges, and
shall have the right to have compulsory process for
witnesses, to confront at trial adverse witnesses, to
be heard in person, by counsel or both, and to have a
speedy and public trial by impartial jury in the
county where the crime was committed. If the county is
not known, the indictment or information may charge
venue in two or more counties conjunctively and proof
that the crime was committed in that area shall be
sufficient; but before pleading the accused may elect
in which of those counties the trial will take place.
Venue for prosecution of crimes committed beyond the
boundaries of the state shall be fixed by law.
(b) Victims of
crime or their lawful representatives, including the
next of kin of homicide victims, are entitled to the
right to be informed, to be present, and to be heard
when relevant, at all crucial stages of criminal
proceedings, to the extent that these rights do not
interfere with the constitutional rights of the
accused.
History.--Am. S.J.R. 135, 1987; adopted 1988;
Am. proposed by Constitution Revision Commission,
Revision No. 13, 1998, filed with the Secretary of
State May 5, 1998; adopted 1998.
SECTION 17. Excessive punishments.--
Excessive fines, cruel and unusual punishment,
attainder, forfeiture of estate, indefinite
imprisonment, and unreasonable detention of witnesses
are forbidden. The death penalty is an authorized
punishment for capital crimes designated by the
Legislature. The prohibition against cruel or unusual
punishment, and the prohibition against cruel and
unusual punishment, shall be construed in conformity
with decisions of the United States Supreme Court
which interpret the prohibition against cruel and
unusual punishment provided in the Eighth Amendment to
the United States Constitution. Any method of
execution shall be allowed, unless prohibited by the
United States Constitution. Methods of execution may
be designated by the Legislature, and a change in any
method of execution may be applied retroactively. A
sentence of death shall not be reduced on the basis
that a method of execution is invalid. In any case in
which an execution method is declared invalid, the
death sentence shall remain in force until the
sentence can be lawfully executed by any valid method.
This section shall apply retroactively.
History.--Am. H.J.R. 3505, 1998; adopted 1998.
SECTION 18. Administrative penalties.--
No administrative agency, except the Department of
Military Affairs in an appropriately convened
court-martial action as provided by law, shall impose
a sentence of imprisonment, nor shall it impose any
other penalty except as provided by law.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 19. Costs.--
No person charged with crime shall be compelled to pay
costs before a judgment of conviction has become
final.
SECTION 20. Treason.--
Treason against the state shall consist only in
levying war against it, adhering to its enemies, or
giving them aid and comfort, and no person shall be
convicted of treason except on the testimony of two
witnesses to the same overt act or on confession in
open court.
SECTION 21. Access to courts.--
The courts shall be open to every person for redress
of any injury, and justice shall be administered
without sale, denial or delay.
SECTION 22. Trial by jury.--
The right of trial by jury shall be secure to all and
remain inviolate. The qualifications and the number of
jurors, not fewer than six, shall be fixed by law.
SECTION 23. Right of privacy.--
Every natural person has the right to be let alone and
free from governmental intrusion into the person's
private life except as otherwise provided herein. This
section shall not be construed to limit the public's
right of access to public records and meetings as
provided by law.
History.--Added, C.S. for H.J.R. 387, 1980;
adopted 1980; Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 24. Access to public records and
meetings.--
(a) Every
person has the right to inspect or copy any public
record made or received in connection with the
official business of any public body, officer, or
employee of the state, or persons acting on their
behalf, except with respect to records exempted
pursuant to this section or specifically made
confidential by this Constitution. This section
specifically includes the legislative, executive, and
judicial branches of government and each agency or
department created thereunder; counties,
municipalities, and districts; and each constitutional
officer, board, and commission, or entity created
pursuant to law or this Constitution.
(b) All
meetings of any collegial public body of the executive
branch of state government or of any collegial public
body of a county, municipality, school district, or
special district, at which official acts are to be
taken or at which public business of such body is to
be transacted or discussed, shall be open and noticed
to the public and meetings of the legislature shall be
open and noticed as provided in Article III, Section
4(e), except with respect to meetings exempted
pursuant to this section or specifically closed by
this Constitution.
(c) This
section shall be self-executing. The legislature,
however, may provide by general law for the exemption
of records from the requirements of subsection (a) and
the exemption of meetings from the requirements of
subsection (b), provided that such law shall state
with specificity the public necessity justifying the
exemption and shall be no broader than necessary to
accomplish the stated purpose of the law. The
legislature shall enact laws governing the enforcement
of this section, including the maintenance, control,
destruction, disposal, and disposition of records made
public by this section, except that each house of the
legislature may adopt rules governing the enforcement
of this section in relation to records of the
legislative branch. Laws enacted pursuant to this
subsection shall contain only exemptions from the
requirements of subsections (a) or (b) and provisions
governing the enforcement of this section, and shall
relate to one subject.
(d) All laws
that are in effect on July 1, 1993 that limit public
access to records or meetings shall remain in force,
and such laws apply to records of the legislative and
judicial branches, until they are repealed. Rules of
court that are in effect on the date of adoption of
this section that limit access to records shall remain
in effect until they are repealed.
History.--Added, C.S. for C.S. for H.J.R.'s
1727, 863, 2035, 1992; adopted 1992.
1
SECTION 25. Taxpayers' Bill of Rights.--
By general law the legislature shall prescribe and
adopt a Taxpayers' Bill of Rights that, in clear and
concise language, sets forth taxpayers' rights and
responsibilities and government's responsibilities to
deal fairly with taxpayers under the laws of this
state. This section shall be effective July 1, 1993.
History.--Proposed by Taxation and Budget
Reform Commission, Revision No. 2, 1992, filed with
the Secretary of State May 7, 1992; adopted 1992.
1Note.--This section, originally
designated section 24 by Revision No. 2 of the
Taxation and Budget Reform Commission, 1992, was
redesignated section 25 by the editors in order to
avoid confusion with section 24 as contained in
H.J.R.'s 1727, 863, 2035, 1992.
ARTICLE
II
GENERAL PROVISIONS
SECTION
1. State boundaries.
SECTION
2. Seat of government.
SECTION
3. Branches of government.
SECTION
4. State seal and flag.
SECTION
5. Public officers.
SECTION
6. Enemy attack.
SECTION
7. Natural resources and scenic beauty.
SECTION
8. Ethics in government.
SECTION
9. English is the official language of
Florida.
SECTION 1. State boundaries.--
(a) The state
boundaries are: Begin at the mouth of the Perdido
River, which for the purposes of this description is
defined as the point where latitude 30°16'53"
north and longitude 87°31'06" west intersect;
thence to the point where latitude 30°17'02"
north and longitude 87°31'06" west intersect;
thence to the point where latitude 30°18'00"
north and longitude 87°27'08" west intersect;
thence to the point where the center line of the
Intracoastal Canal (as the same existed on June 12,
1953) and longitude 87°27'00" west intersect;
the same being in the middle of the Perdido River;
thence up the middle of the Perdido River to the point
where it intersects the south boundary of the State of
Alabama, being also the point of intersection of the
middle of the Perdido River with latitude 31°00'00"
north; thence east, along the south boundary line of
the State of Alabama, the same being latitude 31°00'00"
north to the middle of the Chattahoochee River; thence
down the middle of said river to its confluence with
the Flint River; thence in a straight line to the head
of the St. Marys River; thence down the middle of said
river to the Atlantic Ocean; thence due east to the
edge of the Gulf Stream or a distance of three
geographic miles whichever is the greater distance;
thence in a southerly direction along the edge of the
Gulf Stream or along a line three geographic miles
from the Atlantic coastline and three leagues distant
from the Gulf of Mexico coastline, whichever is
greater, to and through the Straits of Florida and
westerly, including the Florida reefs, to a point due
south of and three leagues from the southernmost point
of the Marquesas Keys; thence westerly along a
straight line to a point due south of and three
leagues from Loggerhead Key, the westernmost of the
Dry Tortugas Islands; thence westerly, northerly and
easterly along the arc of a curve three leagues
distant from Loggerhead Key to a point due north of
Loggerhead Key; thence northeast along a straight line
to a point three leagues from the coastline of
Florida; thence northerly and westerly three leagues
distant from the coastline to a point west of the
mouth of the Perdido River three leagues from the
coastline as measured on a line bearing south 0°01'00"
west from the point of beginning; thence northerly
along said line to the point of beginning. The State
of Florida shall also include any additional territory
within the United States adjacent to the Peninsula of
Florida lying south of the St. Marys River, east of
the Perdido River, and south of the States of Alabama
and Georgia.
(b) The coastal
boundaries may be extended by statute to the limits
permitted by the laws of the United States or
international law.
SECTION 2. Seat of government.--
The seat of government shall be the City of
Tallahassee, in Leon County, where the offices of the
governor, lieutenant governor, cabinet members and the
supreme court shall be maintained and the sessions of
the legislature shall be held; provided that, in time
of invasion or grave emergency, the governor by
proclamation may for the period of the emergency
transfer the seat of government to another place.
SECTION 3. Branches of government.--
The powers of the state government shall be divided
into legislative, executive and judicial branches. No
person belonging to one branch shall exercise any
powers appertaining to either of the other branches
unless expressly provided herein.
SECTION 4. State seal and flag.--
The design of the great seal and flag of the state
shall be prescribed by law.
SECTION 5. Public officers.--
(a) No person
holding any office of emolument under any foreign
government, or civil office of emolument under the
United States or any other state, shall hold any
office of honor or of emolument under the government
of this state. No person shall hold at the same time
more than one office under the government of the state
and the counties and municipalities therein, except
that a notary public or military officer may hold
another office, and any officer may be a member of a
constitution revision commission, taxation and budget
reform commission, constitutional convention, or
statutory body having only advisory powers.
(b) Each state
and county officer, before entering upon the duties of
the office, shall give bond as required by law, and
shall swear or affirm:
"I do solemnly
swear (or affirm) that I will support, protect, and
defend the Constitution and Government of the United
States and of the State of Florida; that I am duly
qualified to hold office under the Constitution of the
state; and that I will well and faithfully perform the
duties of
on which I am now about
to enter. So help me God.",
and
thereafter shall devote personal attention to the
duties of the office, and continue in office until a
successor qualifies.
(c) The powers,
duties, compensation and method of payment of state
and county officers shall be fixed by law.
History.--Am. H.J.R. 1616, 1988; adopted 1988;
Am. proposed by Constitution Revision Commission,
Revision No. 13, 1998, filed with the Secretary of
State May 5, 1998; adopted 1998.
SECTION 6. Enemy attack.--
In periods of emergency resulting from enemy attack
the legislature shall have power to provide for prompt
and temporary succession to the powers and duties of
all public offices the incumbents of which may become
unavailable to execute the functions of their offices,
and to adopt such other measures as may be necessary
and appropriate to insure the continuity of
governmental operations during the emergency. In
exercising these powers, the legislature may depart
from other requirements of this constitution, but only
to the extent necessary to meet the emergency.
SECTION 7. Natural resources and scenic
beauty.--
(a) 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.
(b) 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. For the purposes of this subsection,
the terms "Everglades Protection Area" and
"Everglades Agricultural Area" shall have
the meanings as defined in statutes in effect on
January 1, 1996.
History.--Am. by Initiative Petition filed with
the Secretary of State March 26, 1996; adopted 1996;
Am. proposed by Constitution Revision Commission,
Revision No. 5, 1998, filed with the Secretary of
State May 5, 1998; adopted 1998.
SECTION 8. Ethics in government.--
A public office is a public trust. The people shall
have the right to secure and sustain that trust
against abuse. To assure this right:
(a) All elected
constitutional officers and candidates for such
offices and, as may be determined by law, other public
officers, candidates, and employees shall file full
and public disclosure of their financial interests.
(b) All elected
public officers and candidates for such offices shall
file full and public disclosure of their campaign
finances.
(c) Any public
officer or employee who breaches the public trust for
private gain and any person or entity inducing such
breach shall be liable to the state for all financial
benefits obtained by such actions. The manner of
recovery and additional damages may be provided by
law.
(d) Any public
officer or employee who is convicted of a felony
involving a breach of public trust shall be subject to
forfeiture of rights and privileges under a public
retirement system or pension plan in such manner as
may be provided by law.
(e) No member
of the legislature or statewide elected officer shall
personally represent another person or entity for
compensation before the government body or agency of
which the individual was an officer or member for a
period of two years following vacation of office. No
member of the legislature shall personally represent
another person or entity for compensation during term
of office before any state agency other than judicial
tribunals. Similar restrictions on other public
officers and employees may be established by law.
(f) There shall
be an independent commission to conduct investigations
and make public reports on all complaints concerning
breach of public trust by public officers or employees
not within the jurisdiction of the judicial
qualifications commission.
(g) A code of
ethics for all state employees and nonjudicial
officers prohibiting conflict between public duty and
private interests shall be prescribed by law.
(h) This
section shall not be construed to limit disclosures
and prohibitions which may be established by law to
preserve the public trust and avoid conflicts between
public duties and private interests.
(i)
Schedule--On the effective date of this amendment and
until changed by law:
1(1)
Full and public disclosure of financial interests
shall mean filing with the secretary of state by July
1 of each year a sworn statement showing net worth and
identifying each asset and liability in excess of
$1,000 and its value together with one of the
following:
a. A copy of
the person's most recent federal income tax return; or
b. A sworn
statement which identifies each separate source and
amount of income which exceeds $1,000. The forms for
such source disclosure and the rules under which they
are to be filed shall be prescribed by the independent
commission established in subsection (f), and such
rules shall include disclosure of secondary sources of
income.
(2) Persons
holding statewide elective offices shall also file
disclosure of their financial interests pursuant to
subsection (i)(1).
(3) The
independent commission provided for in subsection (f)
shall mean the Florida Commission on Ethics.
History.--Proposed by Initiative Petition filed
with the Secretary of State July 29, 1976; adopted
1976; Ams. proposed by Constitution Revision
Commission, Revision Nos. 8 and 13, 1998, filed with
the Secretary of State May 5, 1998; adopted 1998.
1Note.--Section 24(a), Art. XII, State
Constitution, provides for the amendment to s.
8(h)(1), Art. II, State Constitution, by Revision No.
8 (1998) to take effect January 7, 2003. Section
8(h)(1), Art. II, State Constitution, was redesignated
as s. 8(i)(1) by Revision No. 13 (1998). As amended by
Revision No. 8 (1998), effective January 7, 2003, s.
8(i)(1), Art. II, State Constitution, will read:
(1) Full and
public disclosure of financial interests shall mean
filing with the custodian of state records by July 1
of each year a sworn statement showing net worth and
identifying each asset and liability in excess of
$1,000 and its value together with one of the
following:
a. A copy of
the person's most recent federal income tax return; or
b. A sworn
statement which identifies each separate source and
amount of income which exceeds $1,000. The forms for
such source disclosure and the rules under which they
are to be filed shall be prescribed by the independent
commission established in subsection (f), and such
rules shall include disclosure of secondary sources of
income.
SECTION 9. English is the official language
of Florida.--
(a) English is
the official language of the State of Florida.
(b) The
legislature shall have the power to enforce this
section by appropriate legislation.
History.--Proposed by Initiative Petition filed
with the Secretary of State August 8, 1988; adopted
1988.
ARTICLE
III
LEGISLATURE
SECTION
1. Composition.
SECTION
2. Members; officers.
SECTION
3. Sessions of the legislature.
SECTION
4. Quorum and procedure.
SECTION
5. Investigations; witnesses.
SECTION
6. Laws.
SECTION
7. Passage of bills.
SECTION
8. Executive approval and veto.
SECTION
9. Effective date of laws.
SECTION
10. Special laws.
SECTION
11. Prohibited special laws.
SECTION
12. Appropriation bills.
SECTION
13. Term of office.
SECTION
14. Civil service system.
SECTION
15. Terms and qualifications of legislators.
SECTION
16. Legislative apportionment.
SECTION
17. Impeachment.
SECTION
18. Conflict of Interest.
SECTION
19. State Budgeting, Planning and
Appropriations Processes.
SECTION 1. Composition.--
The legislative power of the state shall be vested in
a legislature of the State of Florida, consisting of a
senate composed of one senator elected from each
senatorial district and a house of representatives
composed of one member elected from each
representative district.
SECTION 2. Members; officers.--
Each house shall be the sole judge of the
qualifications, elections, and returns of its members,
and shall biennially choose its officers, including a
permanent presiding officer selected from its
membership, who shall be designated in the senate as
President of the Senate, and in the house as Speaker
of the House of Representatives. The senate shall
designate a Secretary to serve at its pleasure, and
the house of representatives shall designate a Clerk
to serve at its pleasure. The legislature shall
appoint an auditor to serve at its pleasure who shall
audit public records and perform related duties as
prescribed by law or concurrent resolution.
SECTION 3. Sessions of the legislature.--
(a)
ORGANIZATION SESSIONS. On the fourteenth day
following each general election the legislature shall
convene for the exclusive purpose of organization and
selection of officers.
(b) REGULAR
SESSIONS. A regular session of the legislature
shall convene on the first Tuesday after the first
Monday in March of each odd-numbered year, and on the
first Tuesday after the first Monday in March, or such
other date as may be fixed by law, of each
even-numbered year.
(c) SPECIAL
SESSIONS.
(1) The
governor, by proclamation stating the purpose, may
convene the legislature in special session during
which only such legislative business may be transacted
as is within the purview of the proclamation, or of a
communication from the governor, or is introduced by
consent of two-thirds of the membership of each house.
(2) A special
session of the legislature may be convened as provided
by law.
(d) LENGTH OF
SESSIONS. A regular session of the legislature
shall not exceed sixty consecutive days, and a special
session shall not exceed twenty consecutive days,
unless extended beyond such limit by a three-fifths
vote of each house. During such an extension no new
business may be taken up in either house without the
consent of two-thirds of its membership.
(e)
ADJOURNMENT. Neither house shall adjourn for
more than seventy-two consecutive hours except
pursuant to concurrent resolution.
(f) ADJOURNMENT
BY GOVERNOR. If, during any regular or special
session, the two houses cannot agree upon a time for
adjournment, the governor may adjourn the session sine
die or to any date within the period authorized for
such session; provided that, at least twenty-four
hours before adjourning the session, and while neither
house is in recess, each house shall be given formal
written notice of the governor's intention to do so,
and agreement reached within that period by both
houses on a time for adjournment shall prevail.
History.--Am. C.S. for S.J.R. 380, 1989;
adopted 1990; Am. S.J.R. 2606, 1994; adopted 1994; Am.
proposed by Constitution Revision Commission, Revision
No. 13, 1998, filed with the Secretary of State May 5,
1998; adopted 1998.
SECTION 4. Quorum and procedure.--
(a) A majority
of the membership of each house shall constitute a
quorum, but a smaller number may adjourn from day to
day and compel the presence of absent members in such
manner and under such penalties as it may prescribe.
Each house shall determine its rules of procedure.
(b) Sessions of
each house shall be public; except sessions of the
senate when considering appointment to or removal from
public office may be closed.
(c) Each house
shall keep and publish a journal of its proceedings;
and upon the request of five members present, the vote
of each member voting on any question shall be entered
on the journal. In any legislative committee or
subcommittee, the vote of each member voting on the
final passage of any legislation pending before the
committee, and upon the request of any two members of
the committee or subcommittee, the vote of each member
on any other question, shall be recorded.
(d) Each house
may punish a member for contempt or disorderly conduct
and, by a two-thirds vote of its membership, may expel
a member.
(e) The rules
of procedure of each house shall provide that all
legislative committee and subcommittee meetings of
each house, and joint conference committee meetings,
shall be open and noticed to the public. The rules of
procedure of each house shall further provide that all
prearranged gatherings, between more than two members
of the legislature, or between the governor, the
president of the senate, or the speaker of the house
of representatives, the purpose of which is to agree
upon formal legislative action that will be taken at a
subsequent time, or at which formal legislative action
is taken, regarding pending legislation or amendments,
shall be reasonably open to the public. All open
meetings shall be subject to order and decorum. This
section shall be implemented and defined by the rules
of each house, and such rules shall control admission
to the floor of each legislative chamber and may,
where reasonably necessary for security purposes or to
protect a witness appearing before a committee,
provide for the closure of committee meetings. Each
house shall be the sole judge for the interpretation,
implementation, and enforcement of this section.
History.--Am. S.J.R.'s 1990, 2, 1990; adopted
1990.
SECTION 5. Investigations; witnesses.--
Each house, when in session, may compel attendance of
witnesses and production of documents and other
evidence upon any matter under investigation before it
or any of its committees, and may punish by fine not
exceeding one thousand dollars or imprisonment not
exceeding ninety days, or both, any person not a
member who has been guilty of disorderly or
contemptuous conduct in its presence or has refused to
obey its lawful summons or to answer lawful questions.
Such powers, except the power to punish, may be
conferred by law upon committees when the legislature
is not in session. Punishment of contempt of an
interim legislative committee shall be by judicial
proceedings as prescribed by law.
SECTION 6. Laws.--
Every law shall embrace but one subject and matter
properly connected therewith, and the subject shall be
briefly expressed in the title. No law shall be
revised or amended by reference to its title only.
Laws to revise or amend shall set out in full the
revised or amended act, section, subsection or
paragraph of a subsection. The enacting clause of
every law shall read: "Be It Enacted by the
Legislature of the State of Florida:".
SECTION 7. Passage of bills.--
Any bill may originate in either house and after
passage in one may be amended in the other. It shall
be read in each house on three separate days, unless
this rule is waived by two-thirds vote; provided the
publication of its title in the journal of a house
shall satisfy the requirement for the first reading in
that house. On each reading, it shall be read by title
only, unless one-third of the members present desire
it read in full. On final passage, the vote of each
member voting shall be entered on the journal. Passage
of a bill shall require a majority vote in each house.
Each bill and joint resolution passed in both houses
shall be signed by the presiding officers of the
respective houses and by the secretary of the senate
and the clerk of the house of representatives during
the session or as soon as practicable after its
adjournment sine die.
History.--Am. S.J.R. 1349, 1980; adopted 1980.
SECTION 8. Executive approval and veto.--
(a) Every bill
passed by the legislature shall be presented to the
governor for approval and shall become a law if the
governor approves and signs it, or fails to veto it
within seven consecutive days after presentation. If
during that period or on the seventh day the
legislature adjourns sine die or takes a recess of
more than thirty days, the governor shall have fifteen
consecutive days from the date of presentation to act
on the bill. In all cases except general appropriation
bills, the veto shall extend to the entire bill. The
governor may veto any specific appropriation in a
general appropriation bill, but may not veto any
qualification or restriction without also vetoing the
appropriation to which it relates.
1(b)
When a bill or any specific appropriation of a general
appropriation bill has been vetoed, the governor shall
transmit signed objections thereto to the house in
which the bill originated if in session. If that house
is not in session, the governor shall file them with
the secretary of state, who shall lay them before that
house at its next regular or special session,
whichever occurs first, and they shall be entered on
its journal. If the originating house votes to
re-enact a vetoed measure, whether in a regular or
special session, and the other house does not consider
or fails to re-enact the vetoed measure, no further
consideration by either house at any subsequent
session may be taken. If a vetoed measure is presented
at a special session and the originating house does
not consider it, the measure will be available for
consideration at any intervening special session and
until the end of the next regular session.
(c) If each
house shall, by a two-thirds vote, re-enact the bill
or reinstate the vetoed specific appropriation of a
general appropriation bill, the vote of each member
voting shall be entered on the respective journals,
and the bill shall become law or the specific
appropriation reinstated, the veto notwithstanding.
History.--Ams. proposed by Constitution
Revision Commission, Revision Nos. 8 and 13, 1998,
filed with the Secretary of State May 5, 1998; adopted
1998.
1Note.--Section 24(a), Art. XII, State
Constitution, provides for the amendment to s. 8(b),
Art. III, State Constitution, by Revision No. 8 (1998)
to take effect January 7, 2003. As amended by Revision
No. 8 (1998), effective January 7, 2003, s. 8(b), Art.
III, State Constitution, will read:
(b) When a bill
or any specific appropriation of a general
appropriation bill has been vetoed, the governor shall
transmit signed objections thereto to the house in
which the bill originated if in session. If that house
is not in session, the governor shall file them with
the custodian of state records, who shall lay them
before that house at its next regular or special
session, whichever occurs first, and they shall be
entered on its journal. If the originating house votes
to re-enact a vetoed measure, whether in a regular or
special session, and the other house does not consider
or fails to re-enact the vetoed measure, no further
consideration by either house at any subsequent
session may be taken. If a vetoed measure is presented
at a special session and the originating house does
not consider it, the measure will be available for
consideration at any intervening special session and
until the end of the next regular session.
SECTION 9. Effective date of laws.--
Each law shall take effect on the sixtieth day after
adjournment sine die of the session of the legislature
in which enacted or as otherwise provided therein. If
the law is passed over the veto of the governor it
shall take effect on the sixtieth day after
adjournment sine die of the session in which the veto
is overridden, on a later date fixed in the law, or on
a date fixed by resolution passed by both houses of
the legislature.
SECTION 10. Special laws.--
No special law shall be passed unless notice of
intention to seek enactment thereof has been published
in the manner provided by general law. Such notice
shall not be necessary when the law, except the
provision for referendum, is conditioned to become
effective only upon approval by vote of the electors
of the area affected.
SECTION 11. Prohibited special laws.--
(a) There shall
be no special law or general law of local application
pertaining to:
(1) election,
jurisdiction or duties of officers, except officers of
municipalities, chartered counties, special districts
or local governmental agencies;
(2) assessment
or collection of taxes for state or county purposes,
including extension of time therefor, relief of tax
officers from due performance of their duties, and
relief of their sureties from liability;
(3) rules of
evidence in any court;
(4) punishment
for crime;
(5) petit
juries, including compensation of jurors, except
establishment of jury commissions;
(6) change of
civil or criminal venue;
(7) conditions
precedent to bringing any civil or criminal
proceedings, or limitations of time therefor;
(8) refund of
money legally paid or remission of fines, penalties or
forfeitures;
(9) creation,
enforcement, extension or impairment of liens based on
private contracts, or fixing of interest rates on
private contracts;
(10) disposal
of public property, including any interest therein,
for private purposes;
(11) vacation
of roads;
(12) private
incorporation or grant of privilege to a private
corporation;
(13)
effectuation of invalid deeds, wills or other
instruments, or change in the law of descent;
(14) change of
name of any person;
(15) divorce;
(16)
legitimation or adoption of persons;
(17) relief of
minors from legal disabilities;
(18) transfer
of any property interest of persons under legal
disabilities or of estates of decedents;
(19) hunting or
fresh water fishing;
(20) regulation
of occupations which are regulated by a state agency;
or
1(21)
any subject when prohibited by general law passed by a
three-fifths vote of the membership of each house.
Such law may be amended or repealed by like vote.
(b) In the
enactment of general laws on other subjects, political
subdivisions or other governmental entities may be
classified only on a basis reasonably related to the
subject of the law.
1Note.--See the following for
prohibited subject matters added under the authority
of this paragraph:
s. 112.67, F.S.
(Pertaining to protection of public employee
retirement benefits).
s. 121.191, F.S.
(Pertaining to state-administered or supported
retirement systems).
s. 145.16, F.S.
(Pertaining to compensation of designated county
officials).
s. 189.404(2), F.S.
(Pertaining to independent special districts).
s. 190.049, F.S.
(Pertaining to the creation of independent special
districts having the powers enumerated in two or more
of the paragraphs of s. 190.012, F.S.).
s. 215.845, F.S.
(Pertaining to the maximum rate of interest on bonds).
s. 235.26(10), F.S.
(Pertaining to the "State Uniform Building Code
for Public Educational Facilities Construction").
s. 236.014, F.S.
(Pertaining to taxation for school purposes and the
Florida Education Finance Program).
s. 298.76(1), F.S.
(Pertaining to the grant of authority, power, rights,
or privileges to a water control district formed
pursuant to ch. 298, F.S.).
s. 370.083, F.S.
(Pertaining to the sale or purchase of speckled sea
trout or weakfish).
s. 370.172(4), F.S.
(Pertaining to spearfishing in salt waters and
saltwater tributaries).
s. 373.503(2)(b), F.S.
(Pertaining to allocation of millage for water
management purposes).
SECTION 12. Appropriation bills.--
Laws making appropriations for salaries of public
officers and other current expenses of the state shall
contain provisions on no other subject.
SECTION 13. Term of office.--
No office shall be created the term of which shall
exceed four years except as provided herein.
SECTION 14. Civil service system.--
By law there shall be created a civil service system
for state employees, except those expressly exempted,
and there may be created civil service systems and
boards for county, district or municipal employees and
for such offices thereof as are not elected or
appointed by the governor, and there may be authorized
such boards as are necessary to prescribe the
qualifications, method of selection and tenure of such
employees and officers.
SECTION 15. Terms and qualifications of
legislators.--
(a) SENATORS.
Senators shall be elected for terms of four years,
those from odd-numbered districts in the years the
numbers of which are multiples of four and those from
even-numbered districts in even-numbered years the
numbers of which are not multiples of four; except, at
the election next following a reapportionment, some
senators shall be elected for terms of two years when
necessary to maintain staggered terms.
(b)
REPRESENTATIVES. Members of the house of
representatives shall be elected for terms of two
years in each even-numbered year.
(c)
QUALIFICATIONS. Each legislator shall be at
least twenty-one years of age, an elector and resident
of the district from which elected and shall have
resided in the state for a period of two years prior
to election.
(d) ASSUMING
OFFICE; VACANCIES. Members of the legislature
shall take office upon election. Vacancies in
legislative office shall be filled only by election as
provided by law.
SECTION 16. Legislative apportionment.--
(a) SENATORIAL
AND REPRESENTATIVE DISTRICTS. The legislature at
its regular session in the second year following each
decennial census, by joint resolution, shall apportion
the state in accordance with the constitution of the
state and of the United States into not less than
thirty nor more than forty consecutively numbered
senatorial districts of either contiguous, overlapping
or identical territory, and into not less than eighty
nor more than one hundred twenty consecutively
numbered representative districts of either
contiguous, overlapping or identical territory. Should
that session adjourn without adopting such joint
resolution, the governor by proclamation shall
reconvene the legislature within thirty days in
special apportionment session which shall not exceed
thirty consecutive days, during which no other
business shall be transacted, and it shall be the
mandatory duty of the legislature to adopt a joint
resolution of apportionment.
1(b)
FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL
REAPPORTIONMENT. In the event a special
apportionment session of the legislature finally
adjourns without adopting a joint resolution of
apportionment, the attorney general shall, within five
days, petition the supreme court of the state to make
such apportionment. No later than the sixtieth day
after the filing of such petition, the supreme court
shall file with the secretary of state an order making
such apportionment.
(c) JUDICIAL
REVIEW OF APPORTIONMENT. Within fifteen days
after the passage of the joint resolution of
apportionment, the attorney general shall petition the
supreme court of the state for a declaratory judgment
determining the validity of the apportionment. The
supreme court, in accordance with its rules, shall
permit adversary interests to present their views and,
within thirty days from the filing of the petition,
shall enter its judgment.
(d) EFFECT OF
JUDGMENT IN APPORTIONMENT; EXTRAORDINARY APPORTIONMENT
SESSION. A judgment of the supreme court of the
state determining the apportionment to be valid shall
be binding upon all the citizens of the state. Should
the supreme court determine that the apportionment
made by the legislature is invalid, the governor by
proclamation shall reconvene the legislature within
five days thereafter in extraordinary apportionment
session which shall not exceed fifteen days, during
which the legislature shall adopt a joint resolution
of apportionment conforming to the judgment of the
supreme court.
(e)
EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF
APPORTIONMENT. Within fifteen days after the
adjournment of an extraordinary apportionment session,
the attorney general shall file a petition in the
supreme court of the state setting forth the
apportionment resolution adopted by the legislature,
or if none has been adopted reporting that fact to the
court. Consideration of the validity of a joint
resolution of apportionment shall be had as provided
for in cases of such joint resolution adopted at a
regular or special apportionment session.
1(f)
JUDICIAL REAPPORTIONMENT. Should an
extraordinary apportionment session fail to adopt a
resolution of apportionment or should the supreme
court determine that the apportionment made is
invalid, the court shall, not later than sixty days
after receiving the petition of the attorney general,
file with the secretary of state an order making such
apportionment.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 8, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
1Note.--Section 24(a), Art. XII, State
Constitution, provides for the amendment to s. 16(b)
and (f), Art. III, State Constitution, by Revision No.
8 (1998) to take effect January 7, 2003. As amended by
Revision No. 8 (1998), effective January 7, 2003, s.
16(b) and (f), Art. III, State Constitution, will
read:
(b) FAILURE OF
LEGISLATURE TO APPORTION; JUDICIAL REAPPORTIONMENT.
In the event a special apportionment session of the
legislature finally adjourns without adopting a joint
resolution of apportionment, the attorney general
shall, within five days, petition the supreme court of
the state to make such apportionment. No later than
the sixtieth day after the filing of such petition,
the supreme court shall file with the custodian of
state records an order making such apportionment.
(f) JUDICIAL
REAPPORTIONMENT. Should an extraordinary
apportionment session fail to adopt a resolution of
apportionment or should the supreme court determine
that the apportionment made is invalid, the court
shall, not later than sixty days after receiving the
petition of the attorney general, file with the
custodian of state records an order making such
apportionment.
SECTION 17. Impeachment.--
(a) The
governor, lieutenant governor, members of the cabinet,
justices of the supreme court, judges of district
courts of appeal, judges of circuit courts, and judges
of county courts shall be liable to impeachment for
misdemeanor in office. The house of representatives by
two-thirds vote shall have the power to impeach an
officer. The speaker of the house of representatives
shall have power at any time to appoint a committee to
investigate charges against any officer subject to
impeachment.
(b) An officer
impeached by the house of representatives shall be
disqualified from performing any official duties until
acquitted by the senate, and, unless impeached, the
governor may by appointment fill the office until
completion of the trial.
(c) All
impeachments by the house of representatives shall be
tried by the senate. The chief justice of the supreme
court, or another justice designated by the chief
justice, shall preside at the trial, except in a trial
of the chief justice, in which case the governor shall
preside. The senate shall determine the time for the
trial of any impeachment and may sit for the trial
whether the house of representatives be in session or
not. The time fixed for trial shall not be more than
six months after the impeachment. During an
impeachment trial senators shall be upon their oath or
affirmation. No officer shall be convicted without the
concurrence of two-thirds of the members of the senate
present. Judgment of conviction in cases of
impeachment shall remove the offender from office and,
in the discretion of the senate, may include
disqualification to hold any office of honor, trust or
profit. Conviction or acquittal shall not affect the
civil or criminal responsibility of the officer.
History.--Am. S.J.R. 459, 1987; adopted 1988;
Am. proposed by Constitution Revision Commission,
Revision No. 13, 1998, filed with the Secretary of
State May 5, 1998; adopted 1998.
1
SECTION 18. Conflict of Interest.--
A code of ethics for all state employees and
nonjudicial officers prohibiting conflict between
public duty and private interests shall be prescribed
by law.
History.--Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
1Note.--This section was repealed
effective January 5, 1999, by Am. proposed by
Constitution Revision Commission, Revision No. 13,
1998, filed with the Secretary of State May 5, 1998;
adopted 1998. See s. 5(c), Art. XI, State
Constitution, for constitutional effective date.
Identical language to s. 18, Art. III, State
Constitution, was enacted in s. 8(g), Art. II, State
Constitution, by Revision No. 13, 1998.
SECTION 19. State Budgeting, Planning and
Appropriations Processes.--
(a) ANNUAL
BUDGETING. Effective July 1, 1994, general law
shall prescribe the adoption of annual state budgetary
and planning processes and require that detail
reflecting the annualized costs of the state budget
and reflecting the nonrecurring costs of the budget
requests shall accompany state department and agency
legislative budget requests, the governor's
recommended budget, and appropriation bills. For
purposes of this subsection, the terms department and
agency shall include the judicial branch.
(b)
APPROPRIATION BILLS FORMAT. Separate sections
within the general appropriation bill shall be used
for each major program area of the state budget; major
program areas shall include: education enhancement
"lottery" trust fund items; education (all
other funds); human services; criminal justice and
corrections; natural resources, environment, growth
management, and transportation; general government;
and judicial branch. Each major program area shall
include an itemization of expenditures for: state
operations; state capital outlay; aid to local
governments and nonprofit organizations operations;
aid to local governments and nonprofit organizations
capital outlay; federal funds and the associated state
matching funds; spending authorizations for
operations; and spending authorizations for capital
outlay. Additionally, appropriation bills passed by
the legislature shall include an itemization of
specific appropriations that exceed one million
dollars ($1,000,000.00) in 1992 dollars. For purposes
of this subsection, "specific
appropriation," "itemization," and
"major program area" shall be defined by
law. This itemization threshold shall be adjusted by
general law every four years to reflect the rate of
inflation or deflation as indicated in the Consumer
Price Index for All Urban Consumers, U.S. City
Average, All Items, or successor reports as reported
by the United States Department of Labor, Bureau of
Labor Statistics or its successor. Substantive bills
containing appropriations shall also be subject to the
itemization requirement mandated under this provision
and shall be subject to the governor's specific
appropriation veto power described in Article III,
Section 8. This subsection shall be effective July 1,
1994.
(c)
APPROPRIATIONS REVIEW PROCESS. Effective July 1,
1993, general law shall prescribe requirements for
each department and agency of state government to
submit a planning document and supporting budget
request for review by the appropriations committees of
both houses of the legislature. The review shall
include a comparison of the major issues in the
planning document and budget requests to those major
issues included in the governor's recommended budget.
For purposes of this subsection, the terms department
and agency shall include the judicial branch.
(d) SEVENTY-TWO
HOUR PUBLIC REVIEW PERIOD. All general
appropriation bills shall be furnished to each member
of the legislature, each member of the cabinet, the
governor, and the chief justice of the supreme court
at least seventy-two hours before final passage by
either house of the legislature of the bill in the
form that will be presented to the governor.
(e) FINAL
BUDGET REPORT. Effective November 4, 1992, a
final budget report shall be prepared as prescribed by
general law. The final budget report shall be produced
no later than the 90th day after the beginning of the
fiscal year, and copies of the report shall be
furnished to each member of the legislature, the head
of each department and agency of the state, the
auditor general, and the chief justice of the supreme
court.
(f) TRUST
FUNDS.
(1) No trust
fund of the State of Florida or other public body may
be created by law without a three-fifths (3/5) vote of
the membership of each house of the legislature in a
separate bill for that purpose only.
