The Florida Constitution

Thursday, April 6, 2017
 Today’s bellwork:
Developed by The Florida Law Related Education
Association, Inc, www.flrea.org
Fun Facts……
 India has the longest written Constitution of any
sovereign country in the world
 444 Articles, 12 schedules, 94 amendments
 US Constitution is the shortest
 7 Articles and 27 Amendments
Developed by The Florida Law Related Education
Association, Inc, www.flrea.org
EQ: What is the process to amend
Florida’s Constitution?
Developed by The Florida Law Related Education
Association, Inc, www.flrea.org
Basic 2 steps
Propse
Ratify
Developed by The Florida Law Related Education
Association, Inc, www.flrea.org
Amendment Processes
 Article XI in Florida Constitution outlines 5 ways to
amend
1.
2.
3.
4.
5.
Constitutional Revision Commission
Taxation and Budget Commission
Voter initiative to call a Constitutional Convention
Florida Legislature (Joint Resolution)
Voter (ballot) initiative
Developed by The Florida Law Related Education
Association, Inc, www.flrea.org
I. Florida Legislature may propose
amendments to the Constitution
 Article XI, Section 1 Florida Constitution
 The only way the Florida Legislature can propose an
amendment to the Florida Constitution is through a
Joint Resolution
 Need 3/5 votes of the membership of both houses
for the proposed amendment to pass.
 Goes directly on the ballot for voter
review unless challenged in the
courts.
Developed by The Florida Law Related Education
Association, Inc, www.flrea.org
II. Voter Initiative Proposals
 Also called Citizen Initiative Petition or Ballot
Initiative
 Article XI, Section 3 Florida Constitution
 Florida Constitution grants the people the power
to propose amendments to the Constitution

Voter initiatives MUST have their proposed
wording reviewed by the Florida Supreme Court
before they are put on the ballot.
Developed by The Florida Law Related Education
Association, Inc, www.flrea.org
For both types of initiatives
 The voters ultimately vote to decide if the
proposal is added to the Florida Constitution.
Requires 60% of voters to approve the proposal.
 The courts may or may not have a role in reviewing the
initiative PRIOR to its placement on the ballot
depending on the type of initiative.
 Once passed by the voters, it is
included in the Florida
Constitution.
Developed by The Florida Law Related Education
Association, Inc, www.flrea.org
Role of the Courts
 The constitutional role of the courts in assessing a
ballot title and summary to a proposed constitutional
amendment is to ensure they:
 Fairly inform voters of the chief purpose of the
amendment
 Are not misleading to the public
Developed by The Florida Law Related Education
Association, Inc, www.flrea.org
You be the Voter
 Now to demonstrate the difference between what
judges look for and what voters look for, pretend that
the amendment proposal did pass the court’s review.
 Now it is your turn as a voter to determine if you want
each proposal to be added to the Florida Constitution.
 What questions would you ask yourself in voting on
this proposal as a voter now, not a judge?
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Association, Inc, www.flrea.org
What do you think?
 IS IT CLEAR AND UNAMBIGUOUS?
 DOES IT ADDRESS A SINGLE SUBJECT?
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Association, Inc, www.flrea.org
Florida Government
Accountability Amendment
 The state constitution will add a fourth branch of
government charged with ensuring duty and
accountability in the state and local governments, as
well as, maintaining the system of checks and balances
written into them.
 How would you vote?
 Did it pass?
Developed by The Florida Law Related Education
Association, Inc, www.flrea.org
Florida Transportation Initiative
 To reduce traffic and increase travel alternatives, this
amendment provides for development of a high speed
monorail……linking Florida's five largest urban areas
and providing for access [to airports] ……………with
construction beginning by November 1, 2003.
 How would you vote?
 Did it pass?
Developed by The Florida Law Related Education
Association, Inc, www.flrea.org
Florida Minimum
Wage Amendment
 This amendment creates a Florida minimum wage
covering all employees in the state covered by the
federal minimum wage. The state minimum wage will
start at $6.15 per hour six months after enactment, and
thereafter be indexed to inflation each
year…………………………….It forbids retaliation against
employees for exercising this right
 How would you vote?
 Did it pass?
Developed by The Florida Law Related Education
Association, Inc, www.flrea.org
DECLARATION OF RIGHTS
 Proposing an amendment to the State Constitution to
delete provisions [that prohibit] the ownership……and
possession of real property by aliens ineligible for
citizenship
 How would you vote?
 Did it pass?
Developed by The Florida Law Related Education
Association, Inc, www.flrea.org