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a declaration of rights
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general provisions
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legislature
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executive
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judiciary appeals
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suffrage and elections
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finance and taxation
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education
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miscellaneous
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amendments
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schedule
Its governance touches every aspect of Floridians' daily life, including where and how they build their houses; their safety and health; the taxes they pay; their ability to both vote and participate in government and the quality of their air, water, roads and environment.
The Constitution's Declaration of Rights covers such freedoms as religion, speech, press, assemblage, work and the bearing of arms. It also covers such governmental intervention as searches and seizures, habeas corpus, pretrial release and detention, excessive punishment, prosecution for crimes, and the rights of both victims and those accused.
Q: Does Florida need its own Constitution?
A: The Constitution establishes a system of fundamental laws and principles that prescribe the nature, functions and limits of state government. The document enumerates the rights of the people. The state's first Constitution was established in 1838, when Florida sought statehood. Use of a constitution for governance is deeply rooted in American history; a state constitution serves as an "expression of popular sovereignty and the people's right of self-government,” as Paul G. Kauper described it in "The (Michigan) State Constitution: Its Nature and Purpose.”
Q: How old is the Florida Constitution?
A: The state first adopted a constitution in 1838. That version has been superceded five times since, the latest in 1968, which, with a number of amendments, stands today.
Q: Can citizens demand changes to the Constitution? If so, how?
A: The current Constitution offers five avenues of proposed change or amendment, to be put before Florida voters. They are:
- Proposal by the Legislature with joint resolution
- Proposal by a Constitution Revision Commission that meets every 20 years (next meeting will be in 2017.)
- Proposal by a Tax and Budget Reform Commission that also meets every 20 years, synched with the Revision Commission so one presents amendments every 10 years.
- Proposal by citizen initiative, which requires a voter-signed petition
- Proposal by constitutional convention, which gives power to the people to consider a revision of the entire constitution through a voter-signed petition.
Although the Constitution should not be altered lightly, it is a dynamic document.
Q: Is the Constitution routinely reviewed for proposed changes?
A: Florida is the only state with a regular, appointed Constitution Revision Commission with power to submit its proposed changes directly to the people. The Constitution dictates that this commission meet every 20 years to review the document and draft any revisions — except on matters related to taxation or the state budgetary process. The Commission must submit its proposals to Florida voters. It did so for the first time in 1978 and again in 1998, and it will again in 2018. The Commission consists of 37 members: the Attorney General, 15 members appointed by the governor, nine appointed by the speaker of the House, nine by the president of the Senate and three by the Chief Justice of the state Supreme Court, and it must conduct public hearings.
Furthermore, in 1998, the Tax and Budget Reform Commission was approved by voters via constitutional amendment to conduct a comprehensive review of Florida's tax and budget policies. It can make recommendations directly to the voters without prior legislative review, and it is charged with creating less expensive government and lower taxes while Florida continues to offer improved services, such as health care, roads and a healthy environment. The Commission must meet at least every 20 years, synched with the Revision Commission so one of the groups presents amendments every 10 years. The Tax and Budget Reform Commission comprises 29 members, 11 appointed by the governor, seven by the president of the Senate, seven appointed by the speaker of the House and four non-voting ex-officio members, all of whom are members of the Legislature.
Q: Does the state Constitution provide for any armed services?
A: It provides for Florida's own army and air force. Indeed, Florida has the oldest militia in the United States, formed on Sept. 16, 1565, when the Spanish admiral in charge of the St. Augustine settlement left with his troops but designated the civilians as the militia. Today's governor is commander-in-chief of a well-equipped Florida Army National Guard and Florida Air National Guard. The forces have both state and federal missions, serving as components of the Army and the Air Force of the United States. The Florida Air Guard also has an air sovereignty mission for the eastern seaboard of the United States. In the aftermath of Hurricane Andrew in 1992, a force of 6,300 Florida Guard personnel helped civil authorities in South Florida.
Q: Does the Constitution dictate state symbols —the state's seal and its flag?
A: Yes, it requires both but leaves their designs up to the Legislature. Because of embarrassing inaccuracies of the seal design required in the 1885 Constitution — it depicted an Indian woman dressed as a Plains Indian, a side-wheel steamship that appeared to be sinking, a bag of coffee (not a prime crop of the state), a cocoa palm instead of the state's Sabal palm, and a background in which a mountain range loomed — a change was made in 1968 to allow updates of the seal, and the flag, by a simple majority vote of both houses of the Legislature.
Q: Do Florida's many mobile homes get any special treatment under the Constitution?
A: Hundreds of thousands of mobile homes provide shelter to Floridians, and those in rental parks pay no property tax, just an annual license fee and a sales tax on the purchase of each mobile home. Mobile homes enjoy this exemption, along with such transportation-related vehicles as airplanes, boats, trucks and trailers, due to a measure adopted in 1947; this exemption was incorporated into the Constitution via a special election in 1965.
Q: How many voters must sign petitions to get initiatives on the ballot?
A: Petitions for the 2010 ballot will need 676,811 signatures, eight percent of the number of voters voting in the last presidential election. Those signatures must come from at least 13 of the state's 25 congressional districts.
Q: What information is required if a signature is to be deemed valid?
A: The voter's name; the voter's residential street address (including city and county); the voter's date of birth or voter registration number; the voter's signature; and the date the voter signed the petition, as recorded by the voter.
Q: Can a signer take back his signature?
A: No. The Legislature attempted to change the law to allow signers to change their minds, but in June 2009 the state Supreme Court struck down the measure.
