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Florida Revised Statutes

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Florida Revised Statutes
NameFlorida Revised Statutes
JurisdictionState of Florida
EnactedVarious session laws; codification completed 1995 (current consolidation)
StatusActive

Florida Revised Statutes

The Florida Revised Statutes form the consolidated statutory law enacted by the Florida Legislature, codifying session laws passed by the Florida Senate and Florida House of Representatives. The statutes operate alongside the Florida Constitution and are interpreted by the Supreme Court of Florida, with enforcement involving agencies such as the Florida Department of Law Enforcement and tribunals like the Florida District Courts of Appeal and Florida Circuit Courts. Major statutory revisions intersect with events and institutions including the Florida Constitutional Revision Commission, the Governor of Florida, and landmark measures debated during sessions at the Florida State Capitol.

History

The statutory tradition in Florida traces to territorial and early statehood compilations produced under the influence of officials like Territorial Governor William P. DuVal and codifiers such as F. R. Crane and later state legislators during the tenure of governors including LeRoy Collins and Claude Kirk. Codification efforts accelerated after constitutional changes in the 20th century prompted by commissions modeled on national precedents like the American Law Institute and influenced by comparative reforms in states such as New York and California. Key moments include the mid-20th century reorganizations responding to rulings from the United States Supreme Court and procedural reforms following the adoption of the 1968 Florida Constitution revision process led by figures connected to the Florida Constitutional Revision Commission.

Organization and Structure

The statutes are organized into numbered Titles and Chapters mirroring frameworks used in other jurisdictions such as the United States Code and state codes of Texas and Ohio. Each Title addresses a discrete subject area codified with Chapters, Sections, and Subsections; examples of influential structural models include the codes of Illinois and Pennsylvania. The organizational hierarchy supports cross-references to administrative rules promulgated by entities like the Florida Agency for Health Care Administration, the Florida Department of Transportation, and the Florida Department of Education, with statutory provisions often directing action by boards such as the Florida Board of Bar Examiners and commissions like the Florida Public Service Commission.

Codification Process and Updating

Statutory text originates as bills introduced by members of the Florida Senate or Florida House of Representatives and is subject to committee review in panels comparable to those used by the U.S. House Committee on the Judiciary and state counterparts like the Texas Legislative Council. Once enacted and signed or allowed to become law by the Governor of Florida, provisions are incorporated into the codex through a process coordinated with the state’s Office of Legislative Services and influenced by private publishers such as West Publishing and governmental offices akin to the Office of the Federal Register at the federal level. Biennial or sessional updates follow each regular and special session, with supplemental codification responding to rulings from the Supreme Court of Florida and federal decisions from the United States Court of Appeals for the Eleventh Circuit.

Relation to Florida Constitution and Case Law

Statutes must conform to the Florida Constitution and are subject to judicial review by courts ranging from the Supreme Court of Florida to the County Courts of Florida. Doctrinal interplay appears in cases influenced by precedents from the United States Supreme Court and regional circuits, and in litigation involving institutions such as Miami-Dade County, Orange County (Florida), and the City of Jacksonville. Statutory interpretation employs canonical approaches used in opinions by justices linked to notable jurists and cases like those involving Marbury v. Madison analogues and state-level constitutional challenges heard during tenures of justices on the Supreme Court of Florida.

Publication and Access

The codified statutes are published in official and commercial formats similar to printings produced by LexisNexis and Thomson Reuters; public dissemination occurs via state portals maintained by the Florida Legislature and digitized repositories paralleling the federal Government Publishing Office. Libraries at institutions such as the University of Florida Levin College of Law, the Florida State University College of Law, and the Stetson University College of Law hold annotated editions alongside archival records from the State Archives of Florida. Practical access tools mirror systems used by the Library of Congress and legal research platforms relied upon by attorneys appearing before the Supreme Court of Florida and magistrates in the Middle District of Florida.

Statutory provisions carry force through enforcement agencies including the Florida Department of Law Enforcement, local sheriffs such as the Miami-Dade County Police Department, and regulatory bodies like the Florida Department of Business and Professional Regulation. Criminal statutes interact with prosecutorial institutions such as the Office of the State Attorney and appellate review in the District Courts of Appeal of Florida. Civil remedies are pursued in forums including the Florida Circuit Courts and administrative adjudicators such as hearings before the Florida Public Service Commission; compliance obligations often trigger oversight from federal counterparts including the Department of Justice when constitutional issues arise.

Notable Titles and Statutory Examples

Notable Titles and landmark statutory provisions address topics paralleling national debates and state-level priorities reflected in Titles dealing with criminal law, family law, taxation, and administrative procedure, intersecting with entities like the Florida Department of Revenue, the Florida Department of Children and Families, and the Florida Fish and Wildlife Conservation Commission. Prominent statutory examples include revisions to codes affecting election administration overseen by the Florida Division of Elections, reforms to health statutes influenced by litigation involving the Centers for Medicare & Medicaid Services, and changes to land use provisions impacting counties such as Broward County and Palm Beach County. Statutes touching professional licensing, environmental protection, and infrastructure tie into regulatory actions by the Florida Department of Environmental Protection, the Florida Highway Patrol, and regional transportation authorities like the South Florida Regional Transportation Authority.

Category:Florida law