Art I Sec 8 and Art I Sec 2 of the Florida Constitution

Constitution of the State of Florida equally Revised in 1968 and Subsequently Amended: Article I

The Florida Constitution

The Constitution of the State of Florida equally revised in 1968 consisted of certain revised articles as proposed by three joint resolutions which were adopted during the special session of June 24-July 3, 1968, and ratified by the electorate on November five, 1968, together with one commodity carried frontward from the Constitution of 1885, as amended. The articles proposed in Business firm Joint Resolution 1-2X constituted the unabridged revised constitution with the exception of Articles V, Vi, and VIII. Senate Articulation Resolution 4-2X proposed Article VI, relating to suffrage and elections. Senate Articulation Resolution five-2X proposed a new Commodity Eight, relating to local government. Article V, relating to the judiciary, was carried forward from the Constitution of 1885, as amended.

Sections composing the 1968 revision accept no history notes. Subsequent changes are indicated by notes appended to the affected sections. The indexes appearing at the start of each article, notes appearing at the end of various sections, and section and subsection headings are added editorially and are non to be considered as office of the constitution.

PREAMBLE

Nosotros, the people of the State of Florida, being grateful to Almighty God for our constitutional liberty, in lodge to secure its benefits, perfect our regime, insure domestic tranquility, maintain public guild, and guarantee equal civil and political rights to all, practice ordain and plant this constitution.

Article I Declaration OF RIGHTS

Article II Full general PROVISIONS

ARTICLE Three LEGISLATURE

Commodity IV EXECUTIVE

Article V JUDICIARY

Commodity VI SUFFRAGE AND ELECTIONS

ARTICLE Seven FINANCE AND Revenue enhancement

Commodity 8 LOCAL GOVERNMENT

Article 9 EDUCATION

Commodity 10 MISCELLANEOUS

ARTICLE Eleven AMENDMENTS

ARTICLE XII SCHEDULE

Article I

Declaration OF RIGHTS

SECTION 1. Political power.

Section ii. Basic rights.

Section iii. Religious liberty.

Section 4. Freedom of oral communication and press.

SECTION 5. Right to assemble.

Department half dozen. Correct to piece of work.

Section 7. Military power.

Department 8. Right to conduct arms.

SECTION 9. Due process.

SECTION ten. Prohibited laws.

Department 11. Imprisonment for debt.

Section 12. Searches and seizures.

SECTION xiii. Habeas corpus.

Department 14. Pretrial release and detention.

SECTION 15. Prosecution for crime; offenses committed by children.

Department 16. Rights of accused and of victims.

Section 17. Excessive punishments.

SECTION 18. Administrative penalties.

Section 19. Costs.

Section 20. Treason.

Section 21. Access to courts.

Department 22. Trial past jury.

Section 23. Right of privacy.

SECTION 24. Access to public records and meetings.

Section 25. Taxpayers' Bill of Rights.

SECTION i. Political power.–All political power is inherent in the people. The enunciation herein of sure rights shall not exist construed to deny or impair others retained by the people.

Section 2. Basic rights.–All natural persons, female person and male akin, are equal before the police and take inalienable rights, among which are the correct to enjoy and defend life and liberty, to pursue happiness, to be rewarded for manufacture, and to acquire, possess and protect holding; except that the ownership, inheritance, disposition and possession of real holding by aliens ineligible for citizenship may be regulated or prohibited past police force. No person shall exist deprived of any correct because of race, faith, national origin, or concrete disability.

History.–Am. Southward.J.R. 917, 1974; adopted 1974; Am. proposed by Constitution Revision Commission, Revision No. nine, 1998, filed with the Secretary of Land May 5, 1998; adopted 1998.

SECTION 3. Religious freedom.–There shall be no law respecting the institution of religion or prohibiting or penalizing the free exercise thereof. Religious freedom shall not justify practices inconsistent with public morals, peace or safety. No acquirement of the state or any political subdivision or bureau thereof shall ever be taken from the public treasury directly or indirectly in assistance of any church, sect, or religious denomination or in aid of any sectarian establishment.

Department 4. Freedom of speech and press.–Every person may speak, write and publish sentiments on all subjects but shall be responsible for the abuse of that correct. No law shall be passed to restrain or abridge the liberty of speech or of the printing. In all criminal prosecutions and civil actions for defamation the truth may be given in evidence. If the affair charged every bit defamatory is true and was published with practiced motives, the political party shall be acquitted or exonerated.

History.–Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION five. Right to get together.–The people shall accept the right peaceably to assemble, to instruct their representatives, and to petition for redress of grievances.

Section 6. Right to work.–The right of persons to work shall not be denied or abridged on account of membership or non-membership in whatsoever labor spousal relationship or labor organization. The correct of employees, past and through a labor organisation, to bargain collectively shall not be denied or abridged. Public employees shall non have the right to strike.

SECTION seven. Military power.–The armed forces power shall exist subordinate to the civil.

SECTION 8. Right to bear arms.–

(a) The right of the people to proceed and bear arms in defense of themselves and of the lawful say-so of the land shall not be infringed, except that the way of bearing artillery may be regulated by law.

(b) There shall exist a mandatory menstruation of 3 days, excluding weekends and legal holidays, between the purchase and delivery at retail of whatever handgun. For the purposes of this section, "purchase" means the transfer of money or other valuable consideration to the retailer, and "handgun" means a firearm capable of beingness carried and used by one hand, such every bit a pistol or revolver. Holders of a curtained weapon permit as prescribed in Florida constabulary shall not be subject to the provisions of this paragraph.

(c) The legislature shall enact legislation implementing subsection (b) of this section, effective no after than Dec 31, 1991, which shall provide that anyone violating the provisions of subsection (b) shall exist guilty of a felony.

(d) This restriction shall non apply to a trade in of some other handgun.

History.–Am. C.S. for S.J.R. 43, 1989; adopted 1990.

Section 9. Due process.–No person shall be deprived of life, liberty or property without due procedure of law, or exist twice put in jeopardy for the aforementioned offense, or be compelled in any criminal matter to exist a witness against oneself.

History.–Am. proposed past Constitution Revision Commission, Revision No. xiii, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

SECTION 10. Prohibited laws.–No beak of attainder, ex post facto law or police force impairing the obligation of contracts shall be passed.

SECTION 11. Imprisonment for debt.–No person shall exist imprisoned for debt, except in cases of fraud.

Section 12. Searches and seizures.–The correct of the people to be secure in their persons, houses, papers and effects confronting unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported past affidavit, specially describing the identify or places to be searched, the person or persons, matter or things to exist seized, the communication to be intercepted, and the nature of prove to be obtained. This right shall be construed in conformity with the quaternary Amendment to the United States Constitution, as interpreted past the United States Supreme Court. Articles or information obtained in violation of this right shall not exist admissible in evidence if such articles or data would be inadmissible under decisions of the United States Supreme Court construing the fourth Subpoena to the United States Constitution.

History.–Am. H.J.R. 31-H, 1982; adopted 1982.

SECTION 13. Habeas corpus.–The writ of habeas corpus shall be grantable of right, freely and without toll. It shall be returnable without filibuster, and shall never be suspended unless, in case of rebellion or invasion, suspension is essential to the public safety.

SECTION 14. Pretrial release and detention.–Unless charged with a capital offense or an crime punishable by life imprisonment and the proof of guilt is axiomatic or the presumption is swell, every person charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release on reasonable conditions. If no conditions of release tin reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may exist detained.

History.–Am. H.J.R. 43-H, 1982; adopted 1982.

Section 15. Prosecution for crime; offenses committed by children.–

(a) No person shall be tried for capital criminal offense without presentment or indictment past a yard jury, or for other felony without such presentment or indictment or an information nether oath filed by the prosecuting officer of the court, except persons on active duty in the militia when tried by courts martial.

(b) When authorized by law, a child as therein divers may exist charged with a violation of law every bit an human activity of delinquency instead of offense and tried without a jury or other requirements applicable to criminal cases. Any child so charged shall, upon demand made as provided past constabulary before a trial in a juvenile proceeding, be tried in an appropriate court as an adult. A child found delinquent shall be disciplined as provided by law.

Section sixteen. Rights of accused and of victims.–

(a) In all criminal prosecutions the defendant shall, upon demand, be informed of the nature and cause of the allegation, and shall be furnished a re-create of the charges, and shall have the right to accept compulsory process for witnesses, to confront at trial agin witnesses, to exist heard in person, by counsel or both, and to have a speedy and public trial by impartial jury in the county where the crime was committed. If the county is not known, the indictment or information may charge venue in two or more counties conjunctively and proof that the criminal offense was committed in that area shall be sufficient; but before pleading the accused may elect in which of those counties the trial will take identify. Venue for prosecution of crimes committed across the boundaries of the state shall be fixed past law.

(b) Victims of offense or their lawful representatives, including the side by side of kin of homicide victims, are entitled to the correct to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do non interfere with the constitutional rights of the accused.

History.–Am. S.J.R. 135, 1987; adopted 1988; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of Country May 5, 1998; adopted 1998.

Section 17. Excessive punishments.–Excessive fines, cruel and unusual punishment, attainder, forfeiture of estate, indefinite imprisonment, and unreasonable detention of witnesses are forbidden. The capital punishment is an authorized punishment for capital crimes designated by the Legislature. The prohibition against brutal or unusual punishment, and the prohibition against cruel and unusual punishment, shall be construed in conformity with decisions of the United States Supreme Courtroom which interpret the prohibition against cruel and unusual penalization provided in the Eighth Amendment to the United States Constitution. Whatever method of execution shall be immune, unless prohibited by the Us Constitution. Methods of execution may be designated by the Legislature, and a modify in whatever method of execution may be applied retroactively. A sentence of expiry shall not be reduced on the basis that a method of execution is invalid. In whatsoever case in which an execution method is declared invalid, the capital punishment shall remain in force until the sentence can exist lawfully executed by any valid method. This section shall utilize retroactively.

History.–Am. H.J.R. 3505, 1998; adopted 1998.

Annotation.–The changes made by 1998 Constitutional Amendment No. ii, adopted in November 1998 and which are reflected in this department were held unconstitutional past the Florida Supreme Court. Armstrong five. Harris, 773 So.second seven (Fla. 2000). In accordance with the terminal judgment in Armstrong 5. Harris, No. 98-5826 (Fla. 2nd Cir. Ct. Feb. 2, 2001), s. 17, Art. I, State Constitution, as it appeared prior to November 3, 1998, is the law that is in full strength and upshot. Prior to November 3, 1998, s. 17 read every bit follows:

SECTION 17. Excessive punishments.–Excessive fines, roughshod or unusual punishment, attainder, forfeiture of estate, indefinite imprisonment, and unreasonable detention of witnesses are forbidden.

SECTION 18. Administrative penalties.–No administrative bureau, except the Department of War machine Affairs in an appropriately convened court-martial action as provided past police, shall impose a sentence of imprisonment, nor shall it impose any other penalty except as provided by law.

History.–Am. proposed by Constitution Revision Commission, Revision No. xiii, 1998, filed with the Secretary of Country May v, 1998; adopted 1998.

Department 19. Costs.–No person charged with crime shall exist compelled to pay costs before a judgment of conviction has go final.

SECTION 20. Treason.–Treason confronting the state shall consist merely in levying war against it, adhering to its enemies, or giving them aid and condolement, and no person shall be bedevilled of treason except on the testimony of two witnesses to the same overt act or on confession in open court.

Section 21. Access to courts.–The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, deprival or delay.

Section 22. Trial by jury.–The right of trial by jury shall exist secure to all and remain inviolate. The qualifications and the number of jurors, not fewer than six, shall exist stock-still past law.

SECTION 23. Right of privacy.–Every natural person has the right to exist let lonely and free from governmental intrusion into the person's individual life except as otherwise provided herein. This department shall not be construed to limit the public'south right of access to public records and meetings as provided by constabulary.

History.–Added, C.South. for H.J.R. 387, 1980; adopted 1980; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretarial assistant of State May v, 1998; adopted 1998.

SECTION 24. Access to public records and meetings.–

(a) Every person has the right to inspect or copy any public tape made or received in connection with the official concern of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to records exempted pursuant to this department or specifically made confidential past this Constitution. This section specifically includes the legislative, executive, and judicial branches of government and each bureau or department created thereunder; counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or this Constitution.

(b) All meetings of whatever collegial public body of the executive branch of state government or of any collegial public torso of a canton, municipality, schoolhouse district, or special district, at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall exist open and noticed to the public and meetings of the legislature shall exist open up and noticed as provided in Article III, Section 4(e), except with respect to meetings exempted pursuant to this department or specifically closed by this Constitution.

(c) This section shall be self-executing. The legislature, nevertheless, may provide by general law for the exemption of records from the requirements of subsection (a) and the exemption of meetings from the requirements of subsection (b), provided that such law shall country with specificity the public necessity justifying the exemption and shall exist no broader than necessary to accomplish the stated purpose of the law. The legislature shall enact laws governing the enforcement of this section, including the maintenance, command, destruction, disposal, and disposition of records fabricated public by this department, except that each business firm of the legislature may adopt rules governing the enforcement of this section in relation to records of the legislative co-operative. Laws enacted pursuant to this subsection shall incorporate merely exemptions from the requirements of subsections (a) or (b) and provisions governing the enforcement of this section, and shall chronicle to one subject.

(d) All laws that are in effect on July one, 1993 that limit public access to records or meetings shall remain in force, and such laws use to records of the legislative and judicial branches, until they are repealed. Rules of court that are in outcome on the engagement of adoption of this section that limit access to records shall remain in outcome until they are repealed.

History.–Added, C.S. for C.South. for H.J.R.'s 1727, 863, 2035, 1992; adopted 1992.

Section 25. Taxpayers' Bill of Rights.–By general law the legislature shall prescribe and adopt a Taxpayers' Bill of Rights that, in articulate and curtailed language, sets forth taxpayers' rights and responsibilities and government's responsibilities to deal fairly with taxpayers under the laws of this state. This section shall be constructive July i, 1993.

History.–Proposed by Taxation and Budget Reform Commission, Revision No. 2, 1992, filed with the Secretary of State May 7, 1992; adopted 1992.

Note.–This department, originally designated section 24 by Revision No. 2 of the Taxation and Budget Reform Commission, 1992, was redesignated section 25 by the editors in order to avoid confusion with section 24 as contained in H.J.R.'south 1727, 863, 2035, 1992.

Source:
The Florida Senate
http://flsenate.gov

Adjacent: Commodity Two

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Source: https://fcit.usf.edu/florida/docs/c/const/const01.htm

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