Florida Constitution (1968)

Florida Constitution (1968)
Name	Florida Constitution (1968)
Date repealed	n/a
Date effective	1969-01-07
Location	Tallahassee, Florida
Jurisdiction	State of Florida
Supersedes	Florida Constitution of 1885

Florida Constitution (1968) The 1968 Florida Constitution is the current foundational charter for the State of Florida, adopted following a comprehensive revision that replaced the Florida Constitution of 1885. It reorganized state institutions including the Florida Legislature, Governor of Florida, and Florida Cabinet and reshaped statutory frameworks such as the Florida Statutes, Florida Supreme Court, and Florida Administrative Procedure Act. The revision responded to decisions from the United States Supreme Court, political pressures from leaders like C. Farris Bryant and Claude R. Kirk Jr., and civic movements including civil rights organizations active during the Civil Rights Movement.

Background and Constitutional Context

The revision effort emerged amid legal developments including Reynolds v. Sims, Baker v. Carr, and other cases imposing one person, one vote principles on state constitutions, along with federal actions by the United States Department of Justice and political dynamics involving the Democratic Party (United States), Republican Party (United States), and statewide officials. Demographic shifts revealed by the United States Census, 1960 and the United States Census, 1970 and urbanization in Miami, Jacksonville, and Orlando, Florida drove representation debates, while lobbying by business groups such as the Florida Chamber of Commerce and civic associations like the League of Women Voters influenced the revision agenda. The constitutional framework also intersected with regional disputes over water rights in the Everglades and land-use controversies involving entities like the Florida Department of Environmental Protection and the United States Army Corps of Engineers.

Drafting and 1968 Constitutional Revision

A Constitutional Revision Commission (Florida) and a voter-approved Constitutional Convention movement catalyzed the 1968 revision, with proposals debated in Tallahassee, Florida and promoted by figures including Spessard L. Holland allies and opponents from the Florida Bar and Florida Farm Bureau Federation. The process drew testimony from legal scholars affiliated with University of Florida and Florida State University College of Law, and procedural models from prior codifications such as the Texas Constitution (1876) and the California Constitution. Delegates negotiated provisions on apportionment, executive authority, and judicial selection against a backdrop of electoral contests like the Florida gubernatorial election, 1966 and federal oversight under the Voting Rights Act of 1965.

Major Provisions and Structure

The constitution established articles defining the Legislative Branch of Florida, the Executive Branch of Florida including the Governor of Florida and the Florida Cabinet, and the Judicial Branch of Florida anchored by the Florida Supreme Court. It created mechanisms for initiative (direct democracy), referendum, and constitutional amendment procedures, and addressed fiscal policy with provisions for the state budget and taxation including property tax limitations that affected municipal entities like Miami-Dade County and Broward County. The text delineated local governance powers for counties in Florida and municipalities in Florida, set standards for public education affecting the Florida Board of Education and the State University System of Florida, and included environmental protections impacting the Everglades National Park and coastal management along the Florida Reef Tract.

Amendments and Subsequent Revisions

Since ratification, voters and legislative actors have enacted amendments addressing criminal justice (influenced by cases like Gideon v. Wainwright), reapportionment following the United States Census, fiscal restraints such as Amendment 5 (Florida 1996), and policy areas including health care and education finance through ballot measures championed by groups like the AARP and the Florida Education Association. The Florida Supreme Court has interpreted amendment language in rulings that cite precedents including Marbury v. Madison and state decisions such as In re Advisory Opinion to the Governor. Periodic calls for new revisions have involved the Constitution Revision Commission (Florida) and legislative proposals debated during sessions of the Florida Legislature.

Impact on Florida Government and Law

The 1968 constitution restructured legislative reapportionment, altered executive powers exercised by individuals such as Reubin Askew and Lawton Chiles, and influenced landmark litigation in the United States District Court for the Northern District of Florida and appeals to the United States Court of Appeals for the Eleventh Circuit. Its provisions shaped policy outcomes in areas from coastal development disputes involving Royal Dutch Shell and ExxonMobil to education funding controversies linked to the Florida Board of Governors. The document's amendment procedures empowered advocacy by organizations such as the Sierra Club and Florida Rights Restoration Coalition, affecting topics from clemency procedures to voting restoration for persons convicted of felonies.

Controversies and Legal Challenges

The constitution's language has provoked litigation over ballot-title clarity in cases considered by the Florida Supreme Court and federal challenges invoking the First Amendment to the United States Constitution and the Fourteenth Amendment to the United States Constitution. Notable disputes have involved reapportionment litigation connected to Baker v. Carr principles, conflicts over charter schools and the Florida Board of Education, environmental litigation involving the Everglades and the United States Environmental Protection Agency, and contentious ballot measures promoted by interests such as Citizens for Conservative Leadership and labor unions including the American Federation of State, County and Municipal Employees.

Category:Florida law Category:State constitutions of the United States