Florida Constitution

Florida Constitution
Preamble
Articles
	I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII

The Florida Constitution is the state constitution of Florida.

The current Florida Constitution was adopted on November 5, 1968.^[1]
Florida has had six state constitutions.
The current state constitution has 12 articles.
The current constitution has been amended 144 times.^[2]
Voters last approved four new amendments to the Florida Constitution on November 3, 2020.

The Florida Constitution can be amended with a legislative, citizen-initiated, or covention-referred constitutional amendment, as well as through commission referrals from the Florida Constitution Revision Commission and the Florida Taxation and Budget Reform Commission. All of constitutional amendments in Florida require voter approval.

A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.

Background

Florida became the 27th state on March 3, 1845. Florida has had six constitutions adopted in the years 1812, 1838, 1861, 1868, and 1885, and 1968. The sixth and current version was ratified by voters at the November general election in 1968.^[3]^[4]

In March 1812, Spanish East Florida was invaded by settlers from Georgia known as the Patriot Army. The group had support from the United States government to try to convince the inhabitants of the area to declare independence from Spain so that the United States might claim them as a territory. By early 2013, the federal government retracted their support, and the Patriot Army abandoned their cause.^[4] The 1812 Patriot Constitution can be viewed here.

The 1838 Constitution was written so that Florida would be recognized as a state. The constitutional convention to establish this document began on December 3, 1838. The final version of this document can be viewed here.

In order to secede from the United States during the Civil War, Florida had to change its constitution. The revised constitution was adopted on January 10, 1861.^[4]

In order to re-enter the United States, Florida drafted a new constitution. The first version of 1865 did not meet Congress' requirements and was rejected, with Congress placing Florida under Radical Reconstruction, or military rule until 1868.^[5]The 1868 Constitution returned control of the state to civilians. Florida's 1885 Constitution reversed some aspects of the 1868 Constitution and established the form of state government that continued until 1968.^[4]

Preamble

See also: Preamble, Florida Constitution and Preambles to state constitutions

The Preamble to the Florida Constitution states:


	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.^[3]

Article I: "Declaration of Rights"

See also: Article I, Florida Constitution

The Florida Constitution begins with a Declaration of Rights, which is similar to the U.S. Bill of Rights. The Florida Declaration of Rights, however, is much longer than the federal version, as it has 27 sections including sections that guarantee trial by jury, due process, freedom of the press and of religion, and forbids the passage of ex post facto laws and cruel and unusual punishment.^[3]