Constitution of the State of Florida
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Constitution of the State of Florida - State of Florida
State of Florida
Constitution of the State of Florida
Published by Good Press, 2022
EAN 4064066454203
Table of Contents
PREAMBLE
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 26: Claimant's right to fair compensation
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
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
Article IV: EXECUTIVE
Section 1: Governor
Section 2: Lieutenant governor
Section 3: Succession to office of governor; acting governor
Section 4: Cabinet
Section 5: Election of governor, lieutenant governor and cabinet members; qualifications; terms
Section 6: Executive departments
Section 7: Suspensions; filling office during suspensions
Section 8: Clemency
Section 9: Fish and wildlife conservation commission
Section 10: Attorney General
Section 11: Department of Veterans Affairs
Section 12: Department of Elderly Affairs
Section 13: Revenue Shortfalls
Article V: JUDICIARY
Section 1: Courts
Section 2: Administration; practice and procedure
Section 3: Supreme court
Section 4: District courts of appeal
Section 5: Circuit courts
Section 6: County courts
Section 7: Specialized divisions
Section 8: Eligibility
Section 9: Determination of number of judges
Section 10: Retention; election and terms
Section 11: Vacancies
Section 12: Discipline; removal and retirement
Section 13: Prohibited activities
Section 14: Funding
Section 15: Attorneys; admission and discipline
Section 16: Clerks of the circuit courts
Section 17: State attorneys
Section 18: Public defenders
Section 19: Judicial officers as conservators of the peace
Section 20: Schedule to Article V
Article VI: SUFFRAGE AND ELECTIONS
Section 1:Regulation of elections
Section 2: Electors
Section 3: Oath
Section 4: Disqualifications
Section 5: Primary, general, and special elections
Section 6: Municipal and district elections
Section 7: Campaign spending limits and funding of campaigns for elective state-wide office
Article VII: FINANCE AND TAXATION
Section 1: Taxation; appropriations; state expenses; state revenue limitation
Section 2: Taxes; rate
Section 3: Taxes; exemptions
Section 4: Taxation; assessments
Section 5: Estate, inheritance and income taxes
Section 6: Homestead exemptions
Section 7: Allocation of pari-mutuel taxes
Section 8: Aid to local governments
Section 9: Local taxes
Section 10: Pledging credit
Section 11: State bonds; revenue bonds
Section 12: Local bonds
Section 13: Relief from illegal taxes
Section 14. Bonds for pollution control and abatement and other water facilities
Section 15: Revenue bonds for scholarship loans
Section 16: Bonds for housing and related facilities
Section 17: Bonds for acquiring transportation right-of-way or for constructing bridges
Section 18: Laws requiring counties or municipalities to spend funds or limiting their ability to raise revenue or receive state tax revenue
Article VIII: LOCAL GOVERNMENT
Section 1: Counties
Section 2: Municipalities
Section 3: Consolidation
Section 4: Transfer of powers
Section 5: Local option
Section 6: Schedule to Article VIII.
Article IX: EDUCATION
Section 1: Public education
Section 2: State board of education
Section 3: Terms of appointive board members
Section 4: School districts; school boards
Section 5: Superintendent of schools
Section 6: State school fund
Section 7: State University System
Article X: MISCELLANEOUS
Section 1: Amendments to United States Constitution
Section 2: Militia
Section 3: Vacancy in office
Section 4: Homestead; exemptions
Section 5: Coverture and property
Section 6: Eminent domain
Section 7: Lotteries
Section 8: Census
Section 9: Repeal of criminal statutes
Section 10: Felony; definition
Section 11: Sovereignty lands
Section 12: Rules of construction
Section 13: Suits against the state
Section 14: State retirement systems benefit changes
Section 15: State operated lotteries
Section 16: Limiting marine net fishing
Section 17: Everglades Trust Fund
Section 18: Disposition of conservation lands
Section 19: High speed ground transportation system
Section 20: Workplaces without tobacco smoke
Section 21: Limiting cruel and inhumane confinement of pigs during pregnancy
Section 22: Parental notice of termination of a minor's pregnancy
Section 23: Slot machines
Section 24: Florida minimum wage
Section 25: Patients' right to know about adverse medical incidents
Section 26: Prohibition of medical license after repeated medical malpractice
Article XI: AMENDMENTS
Section 1. Proposal by legislature
Section 2. Revision commission
Section 3. Initiative
Section 4. Constitutional convention
Section 5: Amendment or revision election
Section 6. Taxation and budget reform commission
Section 7: Tax or fee limitation
Article XII: SCHEDULE
Section 1: Constitution of 1885 superseded
Section 2: Property taxes; millages
Section 3: Officers to continue in office
Section 4: State commissioner of education
Section 5: Superintendent of schools
Section 6: Laws preserved
Section 7: Rights reserved
Section 8: Public debts recognized
Section 9: Bonds
Section 10. Preservation of existing government
Section 11: Deletion of obsolete schedule items
Section 12: Senators
Section 13: Legislative apportionment
Section 14: Representatives; terms
Section 15: Special district taxes
Section 16: Reorganization
Section 17: Conflicting provisions
Section 18: Bonds for housing and related facilities
Section 19: Renewable energy source property
Section 20: Access to public records
Section 21: State revenue limitation
Section 22: Historic property exemption and assessment
Section 23: Fish and wildlife conservation commission
Section 24. Executive branch reform
Section 25: Schedule to Article V amendment
PREAMBLE
Table of Contents
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
Table of Contents
Section 1: Political power
Table of Contents
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
Table of Contents
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.
Table of Contents
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
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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
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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
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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
Table of Contents
The military power shall be subordinate to the civil.
Section 8: Right to bear arms
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(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
Table of Contents
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
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No bill of attainder, ex post facto law or law impairing the obligation of contracts shall be passed.
Section 11: Imprisonment for debt.
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No person shall be imprisoned for debt, except in cases of fraud.
Section 12: Searches and seizures
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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
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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
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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
Table of Contents
(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
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(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
Table of Contents
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