Florida Constitution
Article 1: Declaration of Rights
INTRO TO THE FLORIDA CONSTITUTION
The constitution divided the government into the traditional three branches – an executive headed by the governor elected to a single four year term, a bicameral legislature that met annually, and a judiciary headed by a supreme court. It banned bank officers, clergymen, and duelists from election to the legislature and governorship; and declared free men equal while at the same time preserving slavery. The constitution was approved by popular vote in 1839 and served as Florida’s constitution from statehood in 1845 until Florida seceded from the Union in 1861.
The original 1838 Constitution, signed by forty-one delegates on January 11, 1839, has disappeared. The only surviving handwritten copy is a clerk’s copy signed by Reid and Joshua Knowles, convention secretary, found by the William N. “Bill” Galphin family in Fernandina Beach in 1982. The family inherited the copy from Galphin’s grandfather William Thompson. Thompson married the niece of Judge John C. McGehee, a delegate to the 1838 convention and president of the Secession Convention of 1861.
The 1838 Constitution is one of many historical documents that may be found at the Florida State Archives. Located in the R.A. Gray Building in Tallahassee, the Archives is mandated by law to collect and preserve documentation of Florida’s past; including photographs, state records, and private papers of individuals and organizations.
The Constitution of the State of Florida as revised in 1968 consisted of certain revised articles as proposed by three joint resolutions which were adopted during the special session of June 24 - July 3, 1968, and ratified by the electorate on November 5, 1968, together with one article carried forward from the Constitution of 1885, as amended. The articles proposed in House Joint Resolution 1-2X constituted the entire revised constitution with the exception of Articles V, VI, and VIII. Senate Joint Resolution 4-2X proposed Article VI, relating to suffrage and elections. Senate Joint Resolution 5-2X proposed a new Article VIII, relating to local government. Article V, relating to the judiciary, was carried forward from the Constitution of 1885, as amended.
Sections composing the 1968 revision have no history notes. Subsequent changes are indicated by notes appended to the affected sections. The indexes appearing at the beginning of each article, notes appearing at the end of various sections, and section and subsection headings are added editorially and are not to be considered as part of the constitution.
PREAMBLE TO THE FLORIDA CONSTITUTION
ART. I §1 | POLITICAL POWER
ART. I §2 | BASIC RIGHTS
ART. I §3 | RELIGIOUS FREEDOM
ART. I §4 | FREEDOM OF SPEECH AND PRESS
ART. I §5 | RIGHT TO ASSEMBLE
ART. I §6 | RIGHT TO WORK
ART. I §7 | MILITARY POWER
ART. I §8 | RIGHT TO BEAR ARMS
(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.
ART. I §9 | DUE PROCESS
ART. I §10 | PROHIBITED LAWS
ART. I §11 | IMPRISONMENT FOR DEBT
ART. I §12 | SEARCH AND SEIZURES
ART. I §13 | HABEAS CORPUS
ART. I §14 | PRETRIAL RELEASE AND DETENTION
ART. I §15 | PROSECUTION FOR CRIME; OFFENSES COMMITTED BY CHILDREN
(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.
ART. I §16 | RIGHTS OF ACCUSED AND OF VICTIMS
(2) The right to be free from intimidation, harassment, and abuse.
(3) The right, within the judicial process, to be reasonably protected from the accused and any person acting on behalf of the accused. However, nothing contained herein is intended to create a special relationship between the crime victim and any law enforcement agency or office absent a special relationship or duty as defined by Florida law.
(4) The right to have the safety and welfare of the victim and the victim’s family considered when setting bail, including setting pretrial release conditions that protect the safety and welfare of the victim and the victim’s family.
(5) The right to prevent the disclosure of information or records that could be used to locate or harass the victim or the victim’s family, or which could disclose confidential or privileged information of the victim.
(6) A victim shall have the following specific rights upon request:
b. The right to be heard in any public proceeding involving pretrial or other release from any form of legal constraint, plea, sentencing, adjudication, or parole, and any proceeding during which a right of the victim is implicated.
c. The right to confer with the prosecuting attorney concerning any plea agreements, participation in pretrial diversion programs, release, restitution, sentencing, or any other disposition of the case.
d. The right to provide information regarding the impact of the offender’s conduct on the victim and the victim’s family to the individual responsible for conducting any presentence investigation or compiling any presentence investigation report, and to have any such information considered in any sentencing recommendations submitted to the court.
e. The right to receive a copy of any presentence report, and any other report or record relevant to the exercise of a victim’s right, except for such portions made confidential or exempt by law.
f. The right to be informed of the conviction, sentence, adjudication, place and time of incarceration, or other disposition of the convicted offender, any scheduled release date of the offender, and the release of or the escape of the offender from custody.
g. The right to be informed of all postconviction processes and procedures, to participate in such processes and procedures, to provide information to the release authority to be considered before any release decision is made, and to be notified of any release decision regarding the offender. The parole or early release authority shall extend the right to be heard to any person harmed by the offender.
h. The right to be informed of clemency and expungement procedures, to provide information to the governor, the court, any clemency board, and other authority in these procedures, and to have that information considered before a clemency or expungement decision is made; and to be notified of such decision in advance of any release of the offender.
(8) The right to the prompt return of the victim’s property when no longer needed as evidence in the case.
(9) The right to full and timely restitution in every case and from each convicted offender for all losses suffered, both directly and indirectly, by the victim as a result of the criminal conduct.
(10) The right to proceedings free from unreasonable delay, and to a prompt and final conclusion of the case and any related postjudgment proceedings.
b. All state-level appeals and collateral attacks on any judgment must be complete within two years from the date of appeal in non-capital cases and within five years from the date of appeal in capital cases, unless a court enters an order with specific findings as to why the court was unable to comply with this subparagraph and the circumstances causing the delay. Each year, the chief judge of any district court of appeal or the chief justice of the supreme court shall report on a case-by-case basis to the speaker of the house of representatives and the president of the senate all cases where the court entered an order regarding inability to comply with this subparagraph. The legislature may enact legislation to implement this subparagraph.
(d) The granting of the rights enumerated in this section to victims may not be construed to deny or impair any other rights possessed by victims. The provisions of this section apply throughout criminal and juvenile justice processes, are self-executing, and do not require implementing legislation. This section may not be construed to create any cause of action for damages against the state or a political subdivision of the state, or any officer, employee, or agent of the state or its political subdivisions.
(e) As used in this section, a “victim” is a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act or against whom the crime or delinquent act is committed. The term “victim” includes the victim’s lawful representative, the parent or guardian of a minor, or the next of kin of a homicide victim, except upon a showing that the interest of such individual would be in actual or potential conflict with the interests of the victim. The term “victim” does not include the accused. The terms “crime” and “criminal” include delinquent acts and conduct.
ART. I §17 | EXCESSIVE PUNISHMENTS
ART. I - §18 | ADMINISTRATIVE PENALTIES
ART. I - §19 | COSTS
ART. I - §20 | TREASON
ART. I - §21 | ACCESS TO COURTS
ART. I - §22 | TRIAL BY JURY
ART. I - §23 | RIGHT OF PRIVACY
ART. I - §24 | ACCESS TO PUBLIC RECORDS AND MEETINGS
(b) All meetings of any collegial public body of the executive branch of state government or of any collegial public body of a county, municipality, school district, or special district, at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall be open and noticed to the public and meetings of the legislature shall be open and noticed as provided in Article III, Section 4(e), except with respect to meetings exempted pursuant to this section or specifically closed by this Constitution.
(c) This section shall be self-executing. The legislature, however, may provide by general law passed by a two-thirds vote of each house for the exemption of records from the requirements of subsection (a) and the exemption of meetings from the requirements of subsection (b), provided that such law shall state with specificity the public necessity justifying the exemption and shall be no broader than necessary to accomplish the stated purpose of the law. The legislature shall enact laws governing the enforcement of this section, including the maintenance, control, destruction, disposal, and disposition of records made public by this section, except that each house of the legislature may adopt rules governing the enforcement of this section in relation to records of the legislative branch. Laws enacted pursuant to this subsection shall contain only exemptions from the requirements of subsections (a) or (b) and provisions governing the enforcement of this section, and shall relate to one subject.
(d) All laws that are in effect on July 1, 1993 that limit public access to records or meetings shall remain in force, and such laws apply to records of the legislative and judicial branches, until they are repealed. Rules of court that are in effect on the date of adoption of this section that limit access to records shall remain in effect until they are repealed.
ART. I - §25 | TAXPAYERS’ BILL OF RIGHTS1
ART. I - §26 | CLAIMANT’S RIGHT TO FAIR COMPENSATION
(b) This Amendment shall take effect on the day following approval by the voters.
ART. I - §27 | MARRIAGE DEFINED
Please get the justice you deserve.
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