State constitution
Constitution of Florida
Data from Florida Senate
Full 12-article structure with condensed section text. Article X (Miscellaneous) and Article XII (Schedule) include every section, but many are narrow ballot-initiative or transitional/tax-schedule provisions condensed to a clause; Art. X §19 is repealed. Read the verbatim text at the source link.
Article I Declaration of Rights
§ 1 Political power
All political power is inherent in the people, and government is instituted for their benefit.
§ 2 Basic rights
All persons are equal before the law and have inalienable rights to enjoy life and liberty, pursue happiness, be rewarded for industry, and acquire and protect property, without discrimination based on race, religion, national origin, or physical disability.
§ 3 Religious freedom
Free exercise of religion is guaranteed, no law may establish religion, and no public revenue may aid any church or sectarian institution.
§ 4 Freedom of speech and press
Every person may speak, write, and publish on all subjects, being responsible for abuse of that right, and no law shall restrain the liberty of speech or press.
§ 5 Right to assemble
The people may peaceably assemble, instruct their representatives, and petition for redress of grievances.
§ 6 Right to work
The right to work may not be denied on account of membership or non-membership in a labor union, and public employees have no right to strike.
§ 7 Military power
The military is subordinate to the civil power.
§ 8 Right to bear arms
The right to keep and bear arms in defense of self and the state is guaranteed, subject to legislative regulation of the manner of bearing arms and a waiting period on handgun purchases.
§ 9 Due process
No person shall be deprived of life, liberty, or property without due process, nor be twice put in jeopardy or compelled to be a witness against oneself.
§ 10 Prohibited laws
No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be passed.
§ 11 Imprisonment for debt
No person shall be imprisoned for debt except in cases of fraud.
§ 12 Searches and seizures
The people are secure against unreasonable searches and seizures, warrants require probable cause, and this right is construed in conformity with the Fourth Amendment.
§ 13 Habeas corpus
The writ of habeas corpus shall be grantable of right, freely and without cost.
§ 14 Pretrial release and detention
Every person charged is entitled to pretrial release on reasonable conditions unless charged with a capital or life offense with evident proof, or found likely to flee or endanger the community.
§ 15 Prosecution for crime; offenses committed by children
Felonies are prosecuted by indictment or information, and the manner of trying children as adults may be provided by law.
§ 16 Rights of accused and of victims
The accused has rights to counsel, notice of the charges, confrontation, compulsory process, and a speedy public trial by an impartial jury, and crime victims have enumerated rights.
§ 17 Excessive punishments
Excessive fines, cruel and unusual punishment, and unreasonable detention of witnesses are forbidden, and the death penalty is authorized.
§ 18 Administrative penalties
No administrative agency may impose a criminal penalty, and it may impose only civil penalties authorized by law.
§ 19 Costs
No person charged with a crime shall be compelled to pay costs before conviction.
§ 20 Treason
Treason against the state consists only in levying war against it, or adhering to its enemies and giving them aid and comfort.
§ 21 Access to courts
The courts shall be open to every person for redress of any injury, and justice shall be administered without denial or delay.
§ 22 Trial by jury
The right of trial by jury shall be secure to all and remain inviolate.
§ 23 Right of privacy
Every natural person has the right to be let alone and free from governmental intrusion into private life, except as otherwise provided.
§ 24 Access to public records and meetings
The public has a right to inspect government records and to attend meetings of collegial public bodies, subject to exemptions.
§ 25 Taxpayers' Bill of Rights
Taxpayers are guaranteed fair and consistent treatment, and the legislature shall provide a taxpayers' bill of rights.
§ 26 Claimant's right to fair compensation
Limits attorney contingency fees in medical-liability claims to protect the claimant's recovery.
§ 27 Marriage defined
(Defined marriage as the union of one man and one woman — now unenforceable under Obergefell v. Hodges.)
§ 28 Fishing, hunting, and the taking of fish and wildlife
Preserves fishing and hunting as a public right and a preferred means of managing fish and wildlife.
Article II General Provisions
§ 1 State boundaries
Describes the boundaries of the State of Florida.
§ 2 Seat of government
The seat of government is the City of Tallahassee, where the principal state offices are maintained.
§ 3 Branches of government
The powers of state government are divided into legislative, executive, and judicial branches, and no branch may exercise powers belonging to another.
§ 4 State seal and flag
The design of the great seal and the flag of the state is prescribed by law.
§ 5 Public officers
Sets eligibility, oath, and dual-officeholding rules for public officers.
§ 6 Enemy attack
Authorizes emergency continuity-of-government measures in case of enemy attack.
§ 7 Natural resources and scenic beauty
It is state policy to conserve natural resources and scenic beauty; provides the Land Acquisition Trust Fund and abrogates any right to pollute.
§ 8 Ethics in government
Public office is a public trust; requires financial disclosure, lobbying restrictions, and a code of ethics.
§ 9 English is the official language of Florida
English is the official language of the State of Florida.
Article III Legislature
§ 1 Composition
Legislative power is vested in a Senate and a House of Representatives.
§ 2 Members; officers
Each house chooses its own officers, including a Senate President and a House Speaker.
§ 3 Sessions of the legislature
Provides for annual regular sessions and for special sessions.
§ 4 Quorum and procedure
A majority of each house is a quorum, and each house determines its rules and keeps a journal.
§ 5 Investigations; witnesses
Each house may conduct investigations and compel the attendance of witnesses and production of records.
§ 6 Laws
Every law shall embrace but one subject, which must be briefly expressed in its title.
§ 7 Passage of bills
Bills must be read on three separate days unless waived and passed by recorded vote of a majority present.
§ 8 Executive approval and veto
Bills are presented to the governor, who may approve or veto them, and vetoes may be overridden by two-thirds of each house.
§ 9 Effective date of laws
Laws take effect on the sixtieth day after adjournment unless otherwise provided.
§ 10 Special laws
A special or local law may be passed only after published notice or approval by local referendum.
§ 11 Prohibited special laws
Lists the subjects on which no special or local law may be enacted.
§ 12 Appropriation bills
Laws making appropriations for salaries and the operation of government shall be confined to those subjects.
§ 13 Term of office
Fixes when the terms of legislators begin.
§ 14 Civil service system
Authorizes a civil service system for state employees.
§ 15 Terms and qualifications of legislators
Senators serve four years and Representatives two, and members must be electors residing in their districts.
§ 16 Legislative apportionment
Provides for decennial reapportionment of Senate and House districts, subject to Supreme Court review.
§ 17 Impeachment
The House may impeach officers, and the Senate tries impeachments with conviction requiring two-thirds.
§ 18 Conflict of Interest
Members may not represent others for compensation before state agencies as provided by law.
§ 19 State Budgeting, Planning and Appropriations Processes
Prescribes the state budgeting, planning, and appropriations process, including trust-fund and reserve requirements.
§ 20 Standards for establishing congressional district boundaries
Sets neutral standards for congressional districts — no favoring of party or incumbent, and compact, contiguous districts.
§ 21 Standards for establishing legislative district boundaries
Applies the same neutral redistricting standards to state legislative districts.
Article IV Executive
§ 1 Governor
Supreme executive power is vested in a governor who takes care that the laws are faithfully executed.
§ 2 Lieutenant governor
Provides for a lieutenant governor elected jointly with the governor.
§ 3 Succession to office of governor; acting governor
Provides the line of succession and for an acting governor upon vacancy or disability.
§ 4 Cabinet
Establishes the cabinet — the attorney general, chief financial officer, and commissioner of agriculture — and their duties.
§ 5 Election of governor, lieutenant governor and cabinet members; qualifications; terms
Sets election, qualifications, and four-year terms with a two-term limit for these officers.
§ 6 Executive departments
All executive functions are allotted among not more than twenty-five departments.
§ 7 Suspensions; filling office during suspensions
The governor may suspend officers for cause, with the Senate empowered to remove or reinstate them.
§ 8 Clemency
The governor with cabinet members may grant pardons and commutations and restore civil rights.
§ 9 Fish and wildlife conservation commission
Establishes the commission with regulatory authority over fish and wildlife.
§ 10 Attorney General
The attorney general is the chief state legal officer.
§ 11 Department of Veterans' Affairs
Authorizes creation of a department of veterans' affairs.
§ 12 Department of Elderly Affairs
Authorizes creation of a department of elderly affairs.
§ 13 Revenue Shortfalls
Provides procedures to address state revenue shortfalls.
Article V Judiciary
§ 1 Courts
Judicial power is vested in a supreme court, district courts of appeal, circuit courts, and county courts.
§ 2 Administration; practice and procedure
The supreme court adopts rules of practice and procedure and oversees court administration.
§ 3 Supreme court
The supreme court has seven justices and defined appellate and original jurisdiction.
§ 4 District courts of appeal
Provides for intermediate appellate courts and their jurisdiction.
§ 5 Circuit courts
Circuit courts are the general trial courts with broad original jurisdiction.
§ 6 County courts
County courts have the jurisdiction prescribed by law.
§ 7 Specialized divisions
Courts may establish specialized divisions.
§ 8 Eligibility
Sets bar-membership and residency qualifications for judges.
§ 9 Determination of number of judges
Provides for setting the number of judges based on need.
§ 10 Retention; election and terms
Appellate justices and judges face merit-retention votes, and trial judges are elected to six-year terms.
§ 11 Vacancies
Judicial vacancies are filled by gubernatorial appointment from judicial nominating commission nominees.
§ 12 Discipline; removal and retirement
Establishes the Judicial Qualifications Commission to investigate and recommend discipline of judges.
§ 13 Ethics in the judiciary
Justices and judges are prohibited from other employment and outside compensation.
§ 14 Funding
Provides for state funding of the court system.
§ 15 Attorneys; admission and discipline
The supreme court has exclusive jurisdiction over the admission and discipline of attorneys.
§ 16 Clerks of the circuit courts
Provides for elected clerks of the circuit courts.
§ 17 State attorneys
Provides for elected state attorneys as prosecutors in each circuit.
§ 18 Public defenders
Provides for elected public defenders in each circuit.
§ 19 Judicial officers as conservators of the peace
Judicial officers are conservators of the peace.
§ 20 Schedule to Article V
Transitional provisions implementing the 1972 revision of the judiciary article.
§ 21 Judicial interpretation of statutes and rules
Courts may not defer to an agency's interpretation of a statute or rule and must interpret them anew.
Article VI Suffrage and Elections
§ 1 Regulation of elections
Elections are regulated by law to ensure fairness, and public campaign financing may be provided.
§ 2 Electors
Every citizen 18 or older who is a permanent resident and registers is a qualified elector.
§ 3 Oath
Each elector must subscribe an oath to protect the constitution and government.
§ 4 Disqualifications
Persons convicted of a felony or adjudicated mentally incompetent lose voting rights, restored on completion of sentence except for murder or a felony sexual offense.
§ 5 Primary, general, and special elections
Provides for the conduct of primary, general, and special elections.
§ 6 Municipal and district elections
Registration and elections in municipalities and districts are as provided by law.
§ 7 Campaign spending limits and funding of campaigns for elective state-wide office
Provides spending limits and public financing for statewide campaigns.
Article VII Finance and Taxation
§ 1 Taxation; appropriations; state expenses; state revenue limitation
No tax shall be levied except by law, funds are drawn only by appropriation, and state revenue growth is capped.
§ 2 Taxes; rate
Ad valorem taxes are levied at a uniform rate within each taxing unit.
§ 3 Taxes; exemptions
Exempts specified property — government, municipal, religious, charitable, and educational — from taxation.
§ 4 Taxation; assessments
Requires just valuation of property for tax purposes, with classifications for agricultural and other lands.
§ 5 Estate, inheritance and income taxes
Limits estate and income taxes and bars an income tax on natural persons beyond federal-conformity limits.
§ 6 Homestead exemptions
Provides the homestead exemption from ad valorem taxation.
§ 7 Allocation of pari-mutuel taxes
Governs the allocation of pari-mutuel tax revenue among counties.
§ 8 Aid to local governments
The state may provide financial aid to local governments.
§ 9 Local taxes
Counties, municipalities, and districts may be authorized to levy taxes within limits.
§ 10 Pledging credit
The state and local governments may not lend or pledge credit to private entities, with limited exceptions.
§ 11 State bonds; revenue bonds
Authorizes state bonds for capital projects, generally requiring voter approval for full-faith-and-credit bonds.
§ 12 Local bonds
Local governments may issue bonds for capital projects, generally with elector approval.
§ 13 Relief from illegal taxes
Provides remedies against illegal taxes.
§ 14 Bonds for pollution control and abatement and other water facilities
Authorizes revenue bonds for pollution control and water facilities.
§ 15 Revenue bonds for scholarship loans
Authorizes revenue bonds to fund student scholarship loans.
§ 16 Bonds for housing and related facilities
Authorizes bonds for housing programs.
§ 17 Bonds for acquiring transportation right-of-way or for constructing bridges
Authorizes bonds for transportation rights-of-way and bridges.
§ 18 Laws requiring counties or municipalities to spend funds or limiting their ability to raise revenue or receive state tax revenue
Restricts unfunded state mandates on local governments.
§ 19 Supermajority vote required to impose, authorize, or raise state taxes or fees
Requires a two-thirds legislative vote to impose or raise state taxes or fees.
Article VIII Local Government
§ 1 Counties
Provides for county government, charter counties, and elected county officers.
§ 2 Municipalities
Municipalities may be established and exercise broad home-rule powers.
§ 3 Consolidation
Authorizes consolidation of county and municipal governments upon voter approval.
§ 4 Transfer of powers
Functions may be transferred between local governments with voter approval.
§ 5 Local option
Provides for local-option elections on matters such as alcohol sales.
§ 6 Schedule to Article VIII
Transitional provisions carrying forward prior local-government arrangements, including Dade County home rule.
§ 9 Legislative power over city of Jacksonville and Duval County
Preserves special legislative provisions for the consolidated Jacksonville–Duval government.
§ 10 Legislative power over city of Key West and Monroe county
Preserves special provisions for Key West and Monroe County.
§ 11 Dade County, home rule charter
Preserves the Miami-Dade County home-rule charter.
§ 24 Hillsborough County, home rule charter
Authorizes and preserves a Hillsborough County home-rule charter.
Article IX Education
§ 1 Public education
Making adequate provision for a uniform, efficient, high-quality system of free public schools is a paramount duty of the state, with class-size limits and voluntary pre-kindergarten.
§ 2 State board of education
Establishes the state board of education as head of a kindergarten-through-university system.
§ 3 Terms of appointive board members
Sets the terms of appointed board members.
§ 4 School districts; school boards
Each county constitutes a school district governed by an elected school board.
§ 5 Superintendent of schools
Provides for a district superintendent of schools, elected or appointed.
§ 6 State school fund
Establishes the state school fund and dedicates its income to public schools.
§ 7 State University System
Establishes the State University System governed by a board of governors and boards of trustees.
§ 8 State College System
Establishes the Florida College System.
Article X Miscellaneous
§ 1 Amendments to United States Constitution
Regulates how the legislature ratifies or applies for amendments to the United States Constitution.
§ 2 Militia
Provides for the organization of the state militia.
§ 3 Vacancy in office
Defines when a public office becomes vacant.
§ 4 Homestead; exemptions
Protects the homestead from forced sale and restricts its devise and alienation.
§ 5 Coverture and property
A married person's property is not liable for the debts of the other spouse.
§ 6 Eminent domain
Private property may be taken only for a public purpose and with full compensation, limiting transfer of taken property to private parties.
§ 7 Lotteries
Prohibits lotteries except as otherwise authorized by the constitution.
§ 8 Census
Adopts the federal census as the basis for population figures.
§ 9 Repeal of criminal statutes
Repeal of a criminal statute does not affect prosecution for offenses committed before repeal.
§ 10 Felony; definition
Defines a felony as an offense punishable by death or imprisonment in a state penitentiary.
§ 11 Sovereignty lands
The state holds title to lands under navigable waters in trust for the public.
§ 12 Rules of construction
Provides rules for construing the constitution.
§ 13 Suits against the state
The state's sovereign immunity may be waived only by general law.
§ 14 State retirement systems benefit changes
Benefit increases in state retirement systems must be funded concurrently.
§ 15 State operated lotteries
Authorizes a state-operated lottery with net proceeds dedicated to education.
§ 16 Limiting marine net fishing
Limits the use of nets in Florida marine waters.
§ 17 Everglades Trust Fund
Establishes the Everglades Trust Fund for restoration of the Everglades.
§ 18 Disposition of conservation lands
Restricts the disposition of state conservation lands.
§ 19 [Repealed]
(Repealed.)
§ 20 Workplaces without tobacco smoke or vapor
Prohibits tobacco smoking and vaping in enclosed indoor workplaces.
§ 21 Limiting cruel and inhumane confinement of pigs during pregnancy
Bans the tight confinement of pregnant pigs.
§ 22 Parental notice of termination of a minor's pregnancy
Authorizes a law requiring parental notice before termination of a minor's pregnancy.
§ 23 Slot machines
Authorizes slot machines at specified pari-mutuel facilities in Miami-Dade and Broward counties upon local approval.
§ 24 Florida minimum wage
Establishes a state minimum wage with annual adjustments and scheduled increases toward fifteen dollars.
§ 25 Patients' right to know about adverse medical incidents
Gives patients access to records of adverse medical incidents.
§ 26 Prohibition of medical license after repeated medical malpractice
Bars licensure of physicians with repeated instances of malpractice.
§ 27 Comprehensive Statewide Tobacco Education And Prevention Program
Dedicates funds to a statewide tobacco education and prevention program.
§ 28 Land Acquisition Trust Fund
Dedicates a share of documentary-stamp revenue to conservation land acquisition and management.
§ 29 Medical marijuana production, possession and use
Authorizes the medical use of marijuana for qualifying patients.
§ 30 Voter control of gambling in Florida
Requires a citizen initiative and statewide vote to authorize new casino gambling.
§ 31 Death benefits for survivors of first responders and military members
Provides death benefits to survivors of first responders and military members.
§ 32 Prohibition on racing of and wagering on greyhounds or other dogs
Bans greyhound and other dog racing and wagering on it.
Article XI Amendments
§ 1 Proposal by legislature
The legislature may propose amendments by a three-fifths vote of each house.
§ 2 Revision commission
Establishes a Constitution Revision Commission that meets every twenty years to propose revisions.
§ 3 Initiative
Citizens may propose amendments by petition, limited to a single subject.
§ 4 Constitutional convention
Voters may call a constitutional convention.
§ 5 Amendment or revision election
Proposed amendments are submitted to the electors and take effect if approved by at least sixty percent.
§ 6 Taxation and budget reform commission
Establishes a Taxation and Budget Reform Commission meeting every twenty years.
§ 7 Tax or fee limitation
Restricts new state taxes or fees proposed by initiative.
Article XII Schedule
§ 1 Constitution of 1885 superseded
The 1968 constitution supersedes the Constitution of 1885 as amended.
§ 2 Property taxes; millages
Continues existing property-tax millages until changed by law.
§ 3 Officers to continue in office
Existing officers continue in office until their terms expire.
§ 4 State commissioner of education
Transitional provision for the office of state commissioner of education.
§ 5 Superintendent of schools
Transitional provision for district superintendents of schools.
§ 6 Laws preserved
Existing laws remain in force until they expire or are repealed.
§ 7 Rights reserved
Existing rights and obligations are preserved.
§ 8 Public debts recognized
Existing public debts are recognized and continued.
§ 9 Bonds
Continues authorization of previously approved bonds.
§ 10 Preservation of existing government
Existing governmental structures continue under the new constitution.
§ 11 Deletion of obsolete schedule items
Authorizes the removal of obsolete schedule provisions.
§ 12 Senators
Transitional provision for the terms of senators.
§ 13 Legislative apportionment
Transitional legislative apportionment provision.
§ 14 Representatives; terms
Transitional provision for the terms of representatives.
§ 15 Special district taxes
Continues special-district taxing authority.
§ 16 Board of administration; gasoline and like taxes, distribution and use
Continues the State Board of Administration and dedicates fuel taxes to roads and bridges.
§ 17 Bonds; land acquisition for outdoor recreation development
Authorizes bonds for outdoor-recreation land acquisition.
§ 18 School bonds for capital outlay, issuance
Authorizes school capital-outlay bonds.
§ 19 Institutions of higher learning and junior college capital outlay trust fund bonds
Authorizes higher-education capital-outlay bonds.
§ 20 Access to public records
Transition for the public-records amendment.
§ 21 State revenue limitation
Transition for the state revenue limitation.
§ 22 Historic property exemption and assessment
Transition for historic-property tax exemption and assessment.
§ 23 Fish and wildlife conservation commission
Transition creating the Fish and Wildlife Conservation Commission.
§ 24 Executive branch reform
Transition for executive-branch reorganization and cabinet changes.
§ 25 Schedule to Article V amendment
Transition for amendments to the judiciary article.
§ 26 Increased homestead exemption
Effective date of the increased homestead exemption.
§ 27 Property tax exemptions and limitations on property tax assessments
Effective dates for property-tax exemption and assessment caps (Save Our Homes).
§ 28 Property tax exemption and classification and assessment of land used for conservation purposes
Transition for conservation-land tax treatment.
§ 29 Limitation on the assessed value of real property used for residential purposes
Transition for a residential-property assessment cap.
§ 30 Assessment of working waterfront property
Transition for the assessment of working-waterfront property.
§ 31 Additional ad valorem tax exemption for certain members of the armed forces deployed on active duty outside of the United States
Transition for a deployed-servicemember tax exemption.
§ 32 Veterans disabled due to combat injury; homestead property tax discount
Transition for a combat-disabled veteran homestead discount.
§ 33 Ad valorem tax relief for surviving spouses of veterans who died from service-connected causes and first responders who died in the line of duty
Transition for surviving-spouse tax relief.
§ 34 Solar devices or renewable energy source devices; exemption from certain taxation and assessment
Transition for a renewable-energy device tax exemption.
§ 35 Tax exemption for totally and permanently disabled first responders
Transition for a disabled first-responder tax exemption.
§ 36 Additional ad valorem exemption for persons age sixty-five or older
Transition for a senior homestead exemption.
§ 37 Eligibility of justices and judges
Transition raising the mandatory retirement age for judges.
§ 38 Prohibitions regarding lobbying for compensation and abuse of public position by public officers and public employees
Transition for lobbying and abuse-of-office restrictions.
§ 39 Prohibition on racing of or wagering on greyhounds or other dogs
Transition for the greyhound-racing ban.
§ 40 Transfer of the accrued benefit from specified limitations on homestead property tax assessments; increased portability period
Transition for homestead-assessment portability.
§ 41 Ad valorem tax discount for surviving spouses of certain permanently disabled veterans
Transition for a surviving-spouse veteran tax discount.
§ 42 Annual adjustment to homestead exemption value
Transition for annual inflation adjustment of the homestead exemption.
Full, verbatim text at Florida Senate