Introduction
The current Florida Constitution was proposed and ratified in 1968. It contains, among others, the following provisions:
● Declaration of Rights
The Declaration of Rights is similar to the U.S. Bill of Rights. But, like most state bills of rights, it is broader than the federal version.
● Structure of the State Government
The Constitution creates an executive, legislative, and judicial branch. Unlike the U.S. Constitution, the Florida Constitution mandates a separation of powers. The Florida Constitution places eight-year term limits on all legislative and executive offices. The Constitution requires the Florida Legislature to 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. The Constitution prescribes the election of the Governor and Lieutenant Governor, and of the Cabinet members, consisting of an Attorney General, a Chief Financial Officer, and a Commissioner of Agriculture. The Constitution also establishes the Florida Supreme Court and the Florida District Courts of Appeal, describes how their judges are to be appointed, and sets forth their jurisdiction.
● Limitations on Taxation and Other Means of Generating Revenue
Article VII specifically prohibits the levying of an income tax but authorizes local property taxes and bonds. The Constitution further delineates the purposes for which bonds can be issued, and requires that certain bonds be approved by the voters in the affected area.
● Counties and Municipalities
Article VIII covers local government and distinguishes between charter and non-charter counties.
● Homestead Exemption
Florida's homestead exemption provision, laid out in Article X, section 4, is known for being one of the most protective in the nation for homestead property owners.
● Amendment Process
There are five ways that the Florida Constitution can be amended. The amendment processes are detailed in Article XI. Amendments proposed by all five methods must be ratified by a 60 percent vote before they become a part of the Constitution.
• Amendments to the Constitution may be proposed by the state legislature with a three-fifths vote of the membership of both houses.
• A Constitutional Revision Commission consisting of 37 members meets every 20 years to consider amendments to the Florida Constitution.
• Voters have the ability to call a constitutional convention, by gaining a certain number of signatures and after a simple majority approval by voters in an election.
• The Taxation and Budget Commission, consisting of 22 members, which met in 2007-08 and meets every 20 years to proposes amendments.
• Through a ballot initiative process, voters may collect a certain number of voter signatures in support of a ballot initiative. Upon the necessary number of signatures being acquired in the necessary time frame, the ballot amendment will appear on the ballot in a referendum coinciding with the next general election.
For a print version of the complete "Guide to the November 2010 Ballot", click here.
Proposed 2010 Constitutional Amendments
Amendment No. 1 - REPEAL OF PUBLIC CAMPAIGN FINANCING REQUIREMENT
Amendment No. 2 - HOMESTEAD AD VALOREM TAX CREDIT FOR DEPLOYED MILITARY PERSONNEL
Amendment No. 4 - REFERENDA REQUIRED FOR ADOPTION AND AMENDMENT OF LOCAL GOVERNMENT COMPREHENSIVE LAND USE PLANS
Amendment No. 5 - STANDARDS FOR LEGISLATURE TO FOLLOW IN LEGISLATIVE REDISTRICTING
Amendment No. 6 - STANDARDS FOR LEGISLATURE TO FOLLOW IN CONGRESSIONAL REDISTRICTING
Amendment No. 8 - REVISION OF THE CLASS SIZE REQUIREMENTS FOR PUBLIC SCHOOLS (**Challenged)
For a detailed analysis of the amendments, click on the Collins Center website.