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What is in the Florida Constitution?
What is a constitution?
• Similar to a rule book for government
– Outlines structure and function of government
– Limits the powers of government
– Lists some of our rights
– Reflects principles and values
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Comparing Constitutions
U.S. Constitution
Florida Constitution
Sets up the structure of federal
government
Sets up the structure of state
government
Limits the powers of the
federal government
Limits the powers of the state
government
Bill of Rights
Declaration of Rights
Outlines two amendment
processes
Outlines five amendment
processes
Highest law in the United
States
Highest state law in Florida
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Defining the Florida Constitution
The Florida Legislature website defines the Florida
Constitution as an organized system of fundamental
principles for the government of the state. It is of a
permanent and general nature and originates from
the people rather than from the Legislature.
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Provisions of the Florida Constitution
 Preamble
 Article I: Declaration of Rights
 Article II: General Provisions
 Article III: Legislative
 Article IV: Executive
 Article V: Judicial
 Article VI: Suffrage and
Elections
 Article VII: Finance and Taxation
 Article VIII: Local Government
 Article IX: Education
 Article X: Miscellaneous
 Article XI: Amendments
 Article XII: Schedule
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Three Co-Equal Branches of Government
LEGISLATIVE
BRANCH
EXECUTIVE
BRANCH
JUDICIAL
BRANCH
Makes the Law
Executes/enforces
the Law
Interprets and
Applies the
Law
Article III
FL Constitution
Article IV
FL Constitution
Article V
FL Constitution
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The Hierarchy of Law
If there is a conflict
between a lower law and a
higher one, the higher one
generally “prevails”.
United States
Constitution
Acts of Congress
(Federal Laws)
State
Constitutions
State Statutes
(state laws)
City and County
Ordinances
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The U.S.
Constitution is the
“Supreme Law of
the Land.”
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Constitutions v. Statutes
• What is the difference between a constitution and a
statute?
– Should one be more general than the other?
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Amending the Florida Constitution
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How Often Should We Change a
Constitution?
U.S. Constitution
Florida Constitution
• 27 amendments ratified
– More than 11,000
amendments have been
proposed
– The U.S. Constitution has
been amended only 17
times since the first 10-which make up the Bill of
Rights-- were ratified in 1791.
• More than 120 amendments
since 1968
– Amendments are integrated
within specific Articles as
opposed to listing at the end of
the document. .
– Compare to the number of
amendments in other state
constitutions.
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Amendment Processes
• 5 ways to amend the Florida Constitution (Article XI):
1.
2.
3.
4.
5.
Proposal by Legislature
Revision Commission every 20 years (2017-2018)
Initiative (Citizen Initiative)
Constitutional convention
Taxation and Budget Reform Commission every 20 years
(2027)
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Who decides?
• The voters decide if a proposal is added to the Florida
Constitution.
• Requires 60% of voters to approve the proposal (Article XI,
Section 5(e) Florida Constitution).
– Changed from a simple majority (50%+) approval in 2006;
amendment to the FL Constitution sponsored by the FL
Legislature
• Once passed by the voters, it is included in the Florida
Constitution.
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What does the Florida Constitution
Revision Commission do?
• Every 20 years the Commission is appointed to:
– Adopt rules of procedure
– Examine the Florida Constitution
– Hold public hearings
– File recommended changes to the Florida Constitution for voter
consideration in next general election (Art. X, Sec 2(c))
• Recommendations are placed directly on the ballot for voter
consideration without automatic judicial review
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1977-1978 FCRC
• The 2017-2018 FCRC is the third CRC in state’s history
• First FCRC: 1978
– Chaired by Sandy D’Alemberte
– Eight proposals; none adopted
– 1978 Ballot issues included declaration
of rights (mini ERA), legislative single
member districts and reappointment
commission, executive cabinet
restructuring, merit selection of trial court
judges, and more
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1997-98 Commission
• Chaired by Dexter Douglas
• Nine proposals on ballot
• Eight were successful including:
– Creation of fish and wildlife conservation
commission (72% passage)
– Restructuring of state cabinet (56% passage)
– Ballot access, public campaign financing and
election process revisions (72% passage)
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Composition of the Constitution Revision
Commission
37
Total number of
commissioners
serving on the Florida
Constitution Revision
Commission.
Automatic appointment per the
Florida Constitution
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2017 – 2018 Florida Constitution Revision
Commission Overview
• 37 Appointments
• From 17 of Florida’s 67 counties
• Professions include:
–
–
–
–
Attorneys
Business professionals
Education professionals
Law enforcement/criminal justice
agencies
– Medical professionals
– State and local government officials
– Real estate developers and Realtors
For biographies of the Commissioners
on the 2017 – 2018 CRC, visit
http://flcrc.gov/CommissionerBios.pdf
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Commissioners Appointed by
Governor Rick Scott
• Jose Armas,
Miami
• Emery Gainey,
Tallahassee
• Carlos Beruff
(Chairman), Bradenton
• Brecht Heuchan,
Tallahassee
• Lisa Carlton,
Sarasota
• Marva Johnson,
Winter Garden
• Timothy Cerio,
Tallahassee
• Darlene Jordan,
Palm Beach
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Commissioners Appointed by
Governor Rick Scott
• Fred Karlinsky,
Weston
• Belinda Keiser,
Parkland
• Gary Lester,
Oxford
• Jimmy Patronis,
Panama City
• Pam Stewart,
Tallahassee
• Frank Kruppenbacher,
Orlando
• Nicole Washington,
Miami Beach
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Commissioners Appointed by Florida
Senate President Joe Negron
• Anna Marie Hernandez Gamez,
Coral Gables
• Chris Smith,
Fort Lauderdale
• Don Gaetz,
Niceville
• Bob Solari,
Vero Beach
• Patricia Levesque,
Tallahassee
• Jacqui Thurlow-Lippisch,
Town of Sewall’s Point
• Sherry Plymale,
Palm City
• Bill Schifino Jr.,
Tampa
• Carolyn Timmann,
Stuart
For biographies of the Commissioners on the 2017 – 2018 CRC,
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Commissioners Appointed by Florida
House Speaker Richard Corcoran
• Jose Felix Diaz,
Miami
• Erika Donalds,
Naples
• Tom Lee,
Thonotosassa
• Rich Newsome,
Orlando
• Chris Nocco,
New Port Richey
• Jeanette Nuñez,
Miami
• Darryl Rouson,
St. Petersburg
• Chris Sprowls,
Palm Harbor
• John Stemberger,
Orlando
For biographies of the CommissionersAon
the 2017 – 2018 CRC,
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Commissioners Appointed by Chief
Justice Jorge Labarga
• Hank Coxe, Jacksonville
• Arthenia Joyner, Tampa
• Roberto Martinez, Coral Gables
For biographies of the Commissioners on the 2017 – 2018 CRC, visit
http://flcrc.gov/CommissionerBios.pdf
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How can citizens be involved in the
constitution revision process?
Citizen Participation
Visit http://flcrc.gov/CRCPublicHearings.pdf for a list of past
and upcoming CRC “Floridians Speak, We Listen” Tour
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Keep Informed and Stay Involved!
www.flcrc.gov
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What do you think?
• Open primaries in Florida
• Removing restrictions on voting after felons serve their
sentences
• Elimination of state student assessments
• Judicial term limits: imposing and blocking term limits
• Impeachment of judges for unfavorable decisions
• Composition of the Constitution Revision Commission
• Permitting the use of electronic voting
• Others…
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Public Proposals
(submitted online)
Available to view on www.flcrc.gov/Proposals/Public
•
•
•
•
•
•
•
•
•
Right to Health Care
School Access for Children
To Allow the People to Veto a Law
Establishment of Florida Community College System
To Ensure That All Workers Get Fair Pay
Open Florida Primaries
Establish Rules for Lobbying
Accountability Within the State’s Charter, Private, and Magnet Schools
And more…
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Considerations for a Growing Sunshine State
Considerations for keeping up with a
growing Sunshine State:
Florida's Growing Population
30
Transportation
25.88 million
25
Natural Resources
Population (millions)
20.75 million
20.27 million
Crime
20
Representation
15.23 million
15
Education
Healthcare
10
Youth, Elderly, and the Underserved
9.1 million
Gun Control
6.43 million
Immigration
5
Economy
0
1968
1978
*Projected data
1998
2015
2018*
2038*
What would you add?
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Working in a small group with persons seated near you,
discuss an issue from the ones provided in the public
hearings, public proposals online, or one of your own choosing
that you believe should be included or changed in the Florida
Constitution.
Also consider the commission members: who might be the
best point of contact for your issue based on geographic
location or professional background?
Examine the Issues
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The Hierarchy of Law
United States
Constitution
Acts of Congress
State
Constitutions
(Federal Laws)
State Statutes
(laws)
City and County
Ordinances
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The U.S.
Constitution is the
“Supreme Law of
the Land.”
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Online Submission of Proposals to the
CRC
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Provisions of the Florida Constitution
 Preamble
 Article I: Declaration of Rights
 Article II: General Provisions
 Article III: Legislative
 Article IV: Executive
 Article V: Judicial
 Article VI: Suffrage and
Elections
 Article VII: Finance and Taxation
 Article VIII: Local Government
 Article IX: Education
 Article X: Miscellaneous
 Article XI: Amendments
 Article XII: Schedule
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Looking Forward
Corresponding with the FCRC
• Consider the specific language of your proposed
Constitutional amendment.
• The CRC website at http://flcrc.gov/ will allow you to
submit proposed constitutional amendments and
comments online.
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Keep Informed and Stay Involved!
www.flcrc.gov/Proposals/Submit
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Current Contact Information for the
FCRC
CRC Mailing Address:
Jeff Woodburn, Executive Director
Constitution Revision Commission
The Capitol
400 S. Monroe Street
Tallahassee, FL 32399
http://flcrc.gov/
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Who has the power?
• The voters decide if a proposal is added to the Florida
Constitution.
• Requires 60% of voters to approve the proposal (Article XI,
Section 5(e) Florida Constitution).
• Once passed by the voters, it is included in the Florida
Constitution.
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Other Amendments on the Ballot
• Not all amendments on the 2018 ballot will be the result of
the Florida Constitution Revision Commission
– Others may be proposed by either the legislature or citizens
• Other proposed amendments can be viewed at
http://dos.elections.myflorida.com/initiatives/
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Stay Informed
http://www.revisefl.com/
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“If men were angels no government would be necessary.”
– James Madison
The Government
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Citations




http://election.dos.state.fl.us/constitutional-amendments/init-peti-process.shtml
http://www.law.fsu.edu/journals/lawreview/downloads/251/martin.pdf
http://www.sagepub.com/lippmanstudy/state/fl/Ch01_Florida.pdf
http://www.tampabay.com/news/business/corporate/florida-legislatures-proposedconstitutional-amendments-keep-getting/1112920
 http://www.law.fsu.edu/journals/lawreview/issues/232/jameson.html#FNR138
 http://www.miamiherald.com/news/local/community/miamidade/article143234014.html
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