Florida Legal Research: State Constitution

Just as the federal Constitution serves as the foundation for all law in this country, so does the Florida Constitution serve as the basis for all Florida law.  Unlike the federal Constitution, however, the state Constitution is quite long and detailed.  The outline for the powers and structure of the state’s government are delineated.  The Florida Constitution also include provisions covering topics ranging from pregnant pigs to marine net fishing.

Text

• Current

The text of the current version of the Constitution can be found in several places.  Hardcopy versions are available in one of the last volumes of the most recent set of Florida Statutes.  Digital versions can be found in Lexis or Westlaw.  Online Sunshine also provides an online version (http://www.leg.state.fl.us). 

• Old

For conducting historical legal research, previous versions of the Constitution may be needed.  The history of any amendments or changes can be found at the end of each section in the versions available on Online Sunshine and in print.  The Florida Statutes volumes from previous years can be compared to track any changes.

Amendments

The State Constitution is amended much more easily and frequently than the federal Constitution.  As a result, it’s important to ensure that any research includes consultation of the most recent version. 

Amendments to the State Constitution are added by gaining the approval of at least 60% of those voting on them at a general election.  Amendments may be proposed via the following ways:

• Legislative proposal – drafted as Joint Resolutions and voted on by the legislative chambers in much the same manner as a bill.
• Constitutional Revision Commission – must be convened within 30 days of the 2017 session of the Legislature and each 20^th year thereafter.
• Citizen Initiative – citizens may make proposals for amendments.  To make it on the ballot, citizen petitions must be signed by a number equal to at least 8% of the voters in the last presidential election.
• Constitutional convention – once again, citizens in the state may call a convention.  This time, petitions much collect a number equal to at least 15% of the voters in the last presidential election.

Amendment proposals, including their language, sponsor, and brief summaries can be found online at the following links.

• Florida Department of State,  Constitutional Amendments Index: http://election.dos.state.fl.us/constitutional-amendments/consti-amend-index.shtml
• Florida Office of Economic & demographic Research, Constitutional Amendments: http://edr.state.fl.us/Content/constitutional-amendments/index.cfm