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57-463: Many experts concur that the vast majority of sexual assault victims do not report their assault, often out of fear of retaliation, feelings of shame and experiencing trauma, concern for having to relive their experiences before law enforcement or a court, and the need for time and space to heal and feel safe. Florida’s abortion ban has no real exception for a fatal fetal abnormality that is discovered later in pregnancy, after approximately twenty-weeks from

114-653: A 60-day Regular Legislative Session each year. Regular Legislative Sessions in odd-numbered years must begin on the first Tuesday after the first Monday in March and on the second Tuesday after the first Monday in January of each even-numbered year. Before 1991, the Regular Legislative Session began in April. Senate Joint Resolution 380 (1989) proposed to the voters a Constitutional Amendment (approved November 1990) that shifted

171-549: A chief financial officer, and a commissioner of agriculture with specifically defined powers, and it designates them as elected rather than appointed. 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

228-769: A citizen for the United States for ten years prior to his election, and declaring Florida to be "a sovereign and independent nation." The governor's term was changed from four years to two years starting October 1865, an election never realized due to the Confederacy's defeat. The 1861 Constitution also added several sections affecting the power of General Assembly of Florida, such as limiting the duration of sessions, allowing it to license toll bridges and pass general laws for name changes, prohibiting it from allowing married women or minors to contract or manage their estates, and prohibiting it from legitimizing bastards. The General Assembly

285-471: A constitution and bill of rights for the Territory of Florida. The Constitutional Convention convened on December 3, 1838, with Robert R. Reid presiding as president and Joshua Knowles secretary. The work of the convention was carried out by eighteen committees, whose members were familiar with that particular area of government. The Convention adjourned sine die on January 11, 1839. A handwritten copy of

342-571: A majority of the State Senate, and less than one-third could elect a majority of the Assembly. As stated in a letter to Senator David Yulee , "Under our Constitution the Judiciary & State officers will be appointed & the apportionment will prevent a negro legislature." Freedmen's Bureau agent William J. Furman later bragged that he had prevented Florida from being "niggerized". The Constitution

399-528: A measure attempting to repeal the Blaine Amendment did not win a majority, much less the 60% approval a constitutional amendment requires. A Constitutional Revision Commission was held in 1977–78 with the following delegates: The outcome of the commission was placing, for voter consideration and approval, eight potential constitutional amendments on the Florida ballot. None of them were passed. Article V of

456-457: A new Article VIII which defined law regarding local government. Article V was included from the 1885 constitution as amended. Chesterfield Smith was the chair of the committee which drafted the Constitution; LeRoy Collins was also on the committee. The constitution was ratified via referendum by the electorate on November 5, 1968. The political context of this new Constitution was that it

513-486: A new Constitution. This Constitution, since it limited suffrage to white male citizens, did not meet the requirements of Congress for seating delegates from the former Confederate states, and it was scrapped in favor of the Constitution of 1868. The Reconstruction era constitution returned civilian control of the state after Florida became subject to the military authority of the federal government in 1867. Pursuant to an Act of Congress, General John Pope , Commander of

570-517: A new constitution, "protected by a guard of Federal soldiers outside the hall". When the day came for the legal convention to meet again, soldiers with bayonets prevented the "radicals" from entering the hall. The two constitutions were both submitted to General Meade; the Committee on Reconstruction subsequently adopted the "moderate" one, on Meade's recommendation. Under its terms for reapportionment , less than one-fourth of voters would be able to elect

627-501: A person of negro descent" (Article XVI, Section 24). The current Florida Constitution of 1968 was proposed on June 24 – July 3, 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

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684-415: A poll tax as a prerequisite for voting (Article VI, Section 8), thus effectively causing disfranchisement of blacks and many poor whites. By 1888, voter turnout had decreased by 27%, and additional provisions were adopted that further suppressed voter registration and turnout. This constitution mandated racial segregation in schools (Article XII, Section 12), and prohibited marriage between "a white person and

741-502: A right to withdraw from the Union. The Secession Convention met on January 3, 1861, in Tallahassee , and produced for adoption on January 10 an Ordinance of Secession and a Constitution which largely altered the existing Constitution. Some changes related directly to Florida's secession, such as substituting "Confederate States" for "United States," removing the requirement that the governor be

798-473: A week to hear back from the Reconstruction military commander, General George Meade . On February 10, the 21 "moderate" delegates, with the aid of Democratic governor and ex-Confederate general David S. Walker , broke into the hall at midnight. To ensure a quorum , soldiers seized two of the "radical" delegates (who were in bed), and forced them to the hall. Between midnight and 2 AM, the "moderates" drafted

855-563: Is authorized by the Florida Constitution to create and amend the laws of the U.S. state of Florida , subject to the Governor's power to veto legislation. To do so, Legislators propose legislation in the forms of bills drafted by a nonpartisan, professional staff. Successful legislation must undergo Committee review, three readings on the floor of each house, with appropriate voting majorities, as required, and either be signed into law by

912-595: Is the upper house of the state legislature. As of 2024, Republicans hold the majority in the Senate with 28 seats; Democrats are in the minority with 12 seats. The House of Representatives is the lower house of the state legislature. As of 2024, Republicans hold the majority in the House of Representatives with 85 seats, and Democrats hold 35 seats. All terms were truncated again in 2016, with all 40 Senate seats up for election, due to court-ordered redistricting. Members of

969-526: The Florida Constitution . The House of Representatives is headed by the speaker of the House , while the Senate is headed by the Senate president . The House speaker and Senate president control the assignment of committees and leadership positions, along with control of the agenda in their chambers. The two leaders, along with the governor of Florida , control most of the agenda of state business in Florida. Florida Constitution The Constitution of

1026-477: The Florida Legislature on April 13, 2023. Governor Ron DeSantis signed it into law on the same day in a meeting behind closed-doors with a few selected guests. Florida Legislature Minority Minority The Florida Legislature is the legislature of the U.S. state of Florida . It is organized as a bicameral body composed of an upper chamber , the Senate , and a lower chamber ,

1083-601: The House of Representatives . Article III, Section 1 of the Florida Constitution , adopted in 1968, defines the role of the legislature and how it is to be constituted. The legislature is composed of 160 state legislators (120 in the House and 40 in the Senate). The primary purpose of the legislature is to enact new laws and amend or repeal existing laws. It meets in the Florida State Capitol building in Tallahassee . The Senate

1140-401: The Reconstruction era 1868 Constitution. It established a poll tax , disenfranchising many African Americans and poor whites. It also codified segregation. It established the makeup of the state government that continued until 1968. The 1885 Legislature enacted Chapter 3577 calling for a Constitutional Convention in order to revise the Constitution of 1868. In May 1885, a general election for

1197-686: The Third Military District , issued an order on April 8, 1867, dividing the 39 counties of the State into 19 districts for the election of delegates to a convention to frame a new State Constitution. The new constitution had to conform with the Federal Constitution , including the Thirteenth and Fourteenth Amendments . The Convention met in Tallahassee on January 20, 1868. As deliberations got under way, bitterly divided factions were formed. Of

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1254-525: The "radical" and "moderate" factions debated. Under the leadership of future governor Harrison Reed , the "moderates" tried to give the sparsely-populated white counties the same voting power as the heavily populated black counties. The "radicals", however, would not agree to such an arrangement. Seeing no chance of victory, 19 of the "moderate" delegates decamped to nearby Monticello, Florida . The "radical" majority proceeded to craft "the initial and legitimate constitution", signed it, and then adjourned for

1311-535: The 1838 Constitution or "Form of Government for the People of Florida", signed by Convention president Robert Raymond Reid and Convention secretary Joshua Knowles, resides at the State Archives of Florida. Considered "a secretary's copy" this document is the only known copy of the 1838 Constitution. The original Constitution, signed by all the delegates, has never been found. The preamble to the Constitution of 1838: We,

1368-561: 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

1425-445: The 46 elected delegates, 18 were black and at least 15 were former slaves, who were described as literate, "gentlemen", and "eloquent" by a Northern reporter who was present. According to historian Adam Wasserman, "The radical delegates were in the vast majority and backed by a large militant black electorate." The "moderates" were "a powerful organized lobby of Southern planters, Northern capitalists, and capitalists". For two weeks,

1482-610: The Bill of Rights by the United States Supreme Court, such as a clause stating that the freedom of religion cannot be used to justify immoral acts. Florida's Declaration of Rights also states that capital punishment is not unconstitutional. Search and seizure and cruel and unusual punishment protections are to be consistent with the United States Supreme Court's interpretation of those rights. The Florida constitution provides for an executive, legislative, and judicial branch. Unlike

1539-556: The Convention generally approved of Governor Perry's actions it made no move to interfere with his administration. However, when Governor John Milton took office in October 1861 and reversed some policies of his predecessor, a movement was started to reconvene the convention. Convention president McGehee issued a proclamation on December 13 for the convention to meet on January 14, 1862 , at Tallahassee. McGehee expressed concern over two matters:

1596-543: The Everglades Protection Area, who cause water pollution, will be primarily responsible for its remediation. Section nine mandates that English is the official language of the state. 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

1653-690: The Florida Constitution, relating to the Judicial Branch, was not included in the 1968 revision. Not until 1971 in a special session did the Legislature pass Senate Joint Resolution 52-D proposing to the voters the "modern" Article V. The first article of the Florida Constitution contains the state's bill of rights which is very similar to the United States Bill of Rights except that there are more elaborations very similar to interpretations of

1710-478: The Governor or enacted through a veto override approved by two-thirds of the membership of each legislative house. Its statutes, called "chapter laws" or generically as " slip laws " when printed separately, are compiled into the Laws of Florida and are called " session laws ". The Florida Statutes are the codified statutory laws of the state. In 2009, legislators filed 2,138 bills for consideration. On average,

1767-458: The House of Representatives and one in the Senate were to be allocated to the Seminoles ; the seats were to be filled by a member of their tribe "and in no case by a white man." However, these positions were never filled, and this provision was not carried over into subsequent constitutions. The Florida Constitutional Convention of 1885 produced a constitution that reversed some of the aspects of

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1824-590: The House of Representatives are elected for terms of two years in each even-numbered year. In 1992 voters passed Amendment 9 to amend the State Constitution to limit federal and state officials to eight-year terms. In 1995, the U.S. Supreme Court ruled that states could not enact congressional term limits. Florida legislators must be at least twenty-one years old, an elector and resident of their district, and must have resided in Florida for at least two years before an election. The Florida Legislature meets in

1881-417: The Legislature has passed about 300 bills into law annually. In 2013, the legislature filed about 2000 bills. About 1000 of these are "member bills." The remainder are bills by committees responsible for certain functions, such as budget. In 2016, about 15% of the bills were passed. In 2017, 1,885 lobbyists registered to represent 3,724 entities. The Legislature also has the power to propose amendments to

1938-662: The People of the Territory of Florida, by our Delegates in Convention, assembled at the City of St. Joseph, on Monday the 3d day of December, A.D. 1838, and of the Independence of the United States the sixty-third year, having and claiming the right of admission into the Union, as one of the United States of America, consistent with the principles of the Federal Constitution, and by virtue of the Treaty of Amity, Settlement, and Limits between

1995-490: 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. The current Constitution of Florida was ratified on November 5, 1968. Florida has been governed by six different constitutions since acceding to the United States. Before 1838, only the Spanish Constitution of 1812

2052-462: The State of Florida. The articles pertaining to the militia and corporations were largely reworded. The General Assembly lost the ability to amend the Constitution, leaving a State convention as the only method of amendment. The prohibition on the General Assembly forbidding emigrants to the State from bringing their slaves with them was repealed. The article pertaining to the seat of government

2109-449: 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 one denotes the official state boundaries. Section two denotes basic rights. Section three prescribes for separation of powers. Section seven mandates that those living in

2166-502: The United States of America and the King of Spain, ceding the Provinces of East and West Florida to the United States; in order to secure to ourselves and our posterity the enjoyment of all the rights of life, liberty, and property, and the pursuit of happiness, do mutually agree, each with the other, to form ourselves into a Free and Independent State, by the name of the State of Florida. In 1860,

2223-460: The ban by making it a third-degree felony with up to five years in prison, up to a $ 5000 fine, and potentially losing their medical license. The ban states that  “any person who willfully performs, or actively participates in, a termination of pregnancy in violation” of the law “commits a felony of the third-degree.” Unlike many other states, Florida’s ban does not clearly exempt pregnant people themselves from criminal prosecution. The bill passed

2280-564: The expiration of a year from having left their prior position were removed. The 1861 Constitution was the first Florida Constitution to contain a clause prohibiting individuals from holding two offices simultaneously with limited exceptions. No citizen of any of the States or Territories of the United States then at war with the Confederate States could be admitted to Florida citizenship, be eligible to vote or be elected, hold property, or work in

2337-539: The legislative elections in the Fall. Special Legislative Sessions may be called by the governor, by a joint proclamation of the Senate president and House speaker, or by a three-fifths vote of all Legislators. During any Special Session, the Legislature may only address legislative business that is within the purview of the purpose or purposes stated in the Special Session Proclamation. The Florida Legislature

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2394-457: The new Constitution, had strongly favored rural, North Florida legislators, including the Pork Chop Gang , over legislators from more populous, urban districts. In 1960, "12.3% of the population could elect a majority in the state senate and 14.7% could do the same in the lower house." The 1968 Constitution eliminated the prior ban on racially integrated schools. A Blaine Amendment banned

2451-540: The onrush of the American Civil War brought the election in Florida of a convention "for the purpose of taking into consideration the position of this State in the Federal Union." Pursuant to an Act of the Legislature approved November 30, 1860, Governor Madison S. Perry issued a proclamation calling an election on Saturday, December 22, 1860, for delegates to a Convention to address the issue of whether Florida had

2508-509: The pregnant woman’s first missed period. Florida’s abortion ban contains a very narrow exception to “save the pregnant woman’s life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function - This determination must be made by two physicians, certified in writing . Florida’s ban also criminalizes the delivery of abortion pills through the mail and criminalizes telehealth appointments. Florida’s abortion ban imposes legal penalties for doctors who violate

2565-560: The requirements for Florida to become a state and join the Union was that its constitution must be approved by the United States Congress . In order to fulfill that requirement, an act was passed by the Florida Territorial Council in 1838, approved by Governor Richard Keith Call , calling for the election of delegates in October 1838 to a convention to be held at St. Joseph, Florida . The delegates were to draft

2622-497: The responsibility of the governor. The revised constitution also created a new State Board of Education with seven members appointed by the governor to oversee the Department of Education. The Cabinet offices of Florida state treasurer/insurance commissioner/fire marshal and comptroller were combined into the new position of chief financial officer who serves as head of the newly created Department of Financial Services . In 2012,

2679-512: The selection of delegates was held throughout the state. The Convention met in Tallahassee from June 9 to August 3, 1885. Samuel Pasco of Jefferson County presided. Pursuant to Ordinance No. 1 of the convention, the Constitution was submitted to the citizens of Florida for ratification in November 1886. The 1885 Constitution was ratified by a 31,803 to 21,243 vote. The new constitution legitimized

2736-422: The starting date of Regular Legislative Session from April to February. Subsequently, Senate Joint Resolution 2606 (1994) proposed to the voters a Constitutional Amendment (approved November 1994) shifting the start date to March, where it remains. In recent years, the Legislature has opted to start in January to allow lawmakers to be home with their families during school spring breaks, and to give more time ahead of

2793-585: 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 . 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 specifically prohibits

2850-468: The state's finances and the powers of the governor during wartime. To remedy the latter, the members appointed an Executive Council of four men to share the executive authority because they felt that the powers of a wartime executive should not be placed in the hands of one man. The Convention adjourned sine die on January 27, 1862. In October 1865, delegates met to revoke the Ordinance of Secession and write

2907-466: The state, not the entire) and prohibitions against it. Section six discusses the "single subject requirement" limitation on laws. Sections 20 and 21 set standards for drawing congressional and legislative districts. 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,

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2964-598: The use of public funds to support sectarian private schools. The 1998 Constitutional Revision Commission proposed a rewrite of Article IV, Section 4 of the Florida Constitution that reduced the Florida Cabinet from six elected officials to three. The change became effective January 7, 2003, and the Florida Cabinet now consists of the attorney general, the chief financial officer and the commissioner of agriculture. The secretary of state and commissioner of education became appointed positions and their respective agencies became

3021-468: Was a necessary step toward fair apportionment of legislative districts, required by the US Supreme Court in various decisions in the 1960s. Many states, including Florida, had allotted a fixed number of senators per county, regardless of population, since the republic began. This violated the new federal court decisions. The regular political process had failed to remedy this. The malapportionment, until

3078-499: Was adopted by the people of Florida in May 1868. It conferred the electoral franchise upon "male persons" instead of "white male persons", as in the 1865 Constitution. With its acceptance by the Federal military authorities, the State of Florida was recognized as being restored to the Union, and its senators and representatives were admitted to Congress. This constitution stated that one seat in

3135-507: Was also allowed to tax the lands and slaves of non-residents higher than residents and create special tribunals to try offenses committed by slaves, freemen, and mulattoes. Public lands previously ceded to the United States government were deemed reclaimed by Florida but were to be used exclusively for paying the State's debts and necessary expenses, and such lands could not be granted for any other purpose. Prohibitions on certain bankers and certain previous office holders from being elected until

3192-576: Was briefly enacted in Florida. A monument commemorating La Constitución de Cádiz still stands in front of the Government House in St. Augustine . Florida's first constitution as a U.S. territory was written and implemented in 1838. On March 3, 1845, Florida was granted admission into the Union as the 27th 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

3249-407: Was removed. Other changes included removing obsolete language stemming from Florida's creation as a State and codifying legislation enacted since Florida attained statehood. John C. McGehee of Madison County was elected president of the convention, and the Convention ratified the Constitution adopted by the Confederate States of America on April 13 and adjourned sine die on April 27, 1861. Since

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