When was the Florida Constitution written?
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Florida's first constitution as a U.S. territory was written and implemented in 1838. On March 3, 1845, Florida was granted admission into the Union as the 27th state. The current Constitution of Florida was ratified on November 5, 1968, and has been modified by initiative and referendum several times since.
Constitution of Florida
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One of the requirements for a United States territory to become a State of the Union is that its constitution must be approved by the United States Congress. In order to fulfill that requirement, an Act was passed by the Florida Territorial Council in 1838, approved by Governor Richard Keith Call, calling for the election of delegates in October 1838 to a convention to be held at St. Joseph, Florida. The delegates were to draft a constitution and bill of rights for the Territory of Florida. The Constitutional Convention convened on December 3, 1838, with Robert R. Reid presiding as president and Joshua Knowles secretary. The work of the Convention was carried out by eighteen committees, whose members were familiar with that particular area of government. The process was a relatively simple one since they used the constitutions of several other Southern states as models. Only on the subject of banking did much debate take place. The Convention adjourned "sine die" on January 11, 1839.
Constitution of Florida
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A handwritten copy of the 1838 Constitution or "Form of Government for the People of Florida," signed by Convention President, Robert Raymond Reid, and Convention Secretary, Joshua Knowles resides at the State Archives of Florida. Considered "a secretary's copy" this document is the only known copy of the 1838 Constitution. The original Constitution, signed by all the delegates, has never been found. The preamble to the Constitution of 1838:
Florida Constitutional Convention of 1838
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One of the requirements for a United States territory to become a state of the Union is that its constitution be approved by the United States Congress. In order to fulfill that requirement, an Act was passed by the Florida Territorial Council in 1838, approved by Governor Richard Keith Call, calling for the election of delegates in October 1838 to a convention to be held at St. Joseph, Florida. The delegates were to draft a constitution and bill of rights for the Territory of Florida. The Constitutional Convention convened on December 3, 1838, with Robert R. Reid presiding as president and Joshua Knowles secretary. The work of the Convention was carried out by eighteen committees, whose members were familiar with that particular area of government. The process was a relatively simple one, since they used the constitutions of several other Southern states as models. Only on the subject of banking did much debate take place. The Convention adjourned "sine die" on January 11, 1839.
Legislative Council of the Territory of Florida
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Florida's Constitution of 1885, its fifth, was drawn up by the Constitutional Convention of 1885. The convention was held from June 9, 1885 until August 3, 1885
in Tallahassee, Florida "for the purpose of reforming the "Carpetbag" Constitution of 1868", according to course literature from the University of Virginia. It was Florida's fifth constitutional convention and restored the election of many public officials, reduced the salaries of the governor and other state officers, made the governor ineligible for reelection, abolished the office of lieutenant governor, and provided for a legislature of fixed numbers.
Florida Constitution of 1885
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The provision was proposed during the 1978 Constitutional Revision Commission by Chief Justice Overton of the Florida Supreme Court. It was put to the electorate by the Commission as part of a package of provisions in a single amendment, which failed. In 1980, the Florida Legislature, believing there was significant public interest in this provision, passed a resolution placing the provision as a single amendment on the 1980 general election that was approved by voters, becoming a part of the Florida Constitution.
Constitution of Florida
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After Florida's entrance into the union in 1845, and the ratification of the State's first Constitution, the Supreme Court of the State of Florida was born. It is the successor to the Florida Territorial Court of Appeals and the court system that existed under Spain prior to the acquisition of Florida through the Adams-Onis Treaty. Though the constitution created a Supreme Court, it vested it with no judges and little power. Florida Circuit Court judges served in the capacity of Supreme Court Justices until 1851 when an 1848 constitutional amendment took effect granting the state legislature power to choose three justices. In 1853, another constitutional amendment was adopted that provided for the popular election of Justices to serve six-year terms.
Supreme Court of Florida
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The onrush of the American Civil War brought in Florida the election in 1860 of a convention "for the purpose of taking into consideration the position of this State in the Federal Union." Pursuant to an Act of the Legislature approved November 30, 1860, governor Madison S. Perry issued a proclamation calling an election on Saturday, December 22, 1860, for delegates to a Convention to address the issue of whether Florida had a right to withdraw from the Union. The Secession Convention met on January 3, 1861, in Tallahassee, and produced for adoption on January 10 an Ordinance of Secession and a Constitution which largely altered the existing Constitution by substituting "Confederate States" for "United States" and by declaring Florida to be "a sovereign and independent nation." John C. McGehee of Madison County was elected president of the Convention, and the Convention ratified the Constitution adopted by the Confederate States of America on April 13 and adjourned sine die on April 27, 1861.
Constitution of Florida
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The current Florida Constitution of 1968 was proposed on June 24-July 3 of 1968 via three joint resolutions in special sessions of the Florida Legislature. House Joint Resolution 1-2X included all revisions except for Article V, Article VI, and Article VIII. Senate Resolution 4-2X proposed the new Article VI which relates to elections and suffrage. Senate Resolution 5-2X proposed a new Article VIII which defined law regarding local government. Article V was included from the 1885 constitution as amended. Chesterfield Smith was the chair of the committee which drafted the Constitution; LeRoy Collins was also on the committee.
Constitution of Florida
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The 1885 Legislature enacted Chapter 3577 calling for a Constitutional Convention in order to revise the Constitution of 1868. In May 1885 a general election for the selection of delegates was held throughout the state. The Convention met in Tallahassee from June 9 to August 3, 1885. Samuel Pasco of Jefferson County presided. Pursuant to Ordinance No. 1 of the Convention, the Constitution was submitted to the citizens of Florida for ratification in November 1886. The 1885 Constitution was ratified by a 31,803 to 21,243 vote.
Constitution of Florida