home *** CD-ROM | disk | FTP | other *** search
-
-
-
- CONSTITUTION OF THE STATE OF FLORIDA
- (as revised in 1968 and amended to 1975)
-
- PREAMBLE
-
- We, the people of the State of Florida, being grateful to
- Almighty God for our constitutional liberty, in order to
- secure its benefits, perfect our government, insure
- domestic tranquility, maintain public order, and guarantee
- equal civil and political rights to all, do ordain and
- establish this constitution.
-
- ARTICLE I
-
- DECLARATION OF RIGHTS
-
- Sec. 1. All political power is inherent in the people. The enuncia-
- tion herein of certain rights shall not be construed to deny
- or impair others retained by the people.
-
- Sec. 2. All natural persons are equal before the law and have in-
- alienable rights, among which are the right to enjoy and
- defend life and liberty, to pursue happiness, to be rewarded
- for industry, and to acquire, possess and protect property;
- except that the ownership, inheritance, disposition and
- possession of real property by aliens ineligible for citi-
- zenship may be regulated or prohibited by law. No person
- shall be deprived of any right because of race, religion or
- physical handicap.
-
- Sec. 3. There shall be no law respecting the establishment of relig-
- ion or prohibiting or penalizing the free exercise thereof.
- Religious freedom shall not justify practices inconsistent
- with public morals, peace or safety. No revenue of the state
- or any political subdivision or agency thereof shall ever be
- taken from the public treasury directly or indirectly in aid
- of any church, sect, or religious denomination or in aid of
- any sectarian institution.
-
- Sec. 4. Every person may speak, write and publish his sentiments on
- all subjects but shall be responsible for the abuse of that
- right. No law shall be passed to restrain or abridge the
- liberty of speech or of the press. In all criminal prosecu-
- tions and civil actions for defamation the truth may be
- given in evidence. If the matter charged as defamatory is
- true and was published with good motives, the party shall be
- acquitted or exonerated.
-
- Sec. 5. The people shall have the right to peaceably to assemble, to
- instruct their representatives, and to petition for redress
- of grievances.
-
- Sec. 6. The right of persons to work shall not be denied or abridged
- on account of membership or non- membership in any labor
- union or labor organization. The right of employees, by and
- through a labor organization, to bargain collectively shall
- not be denied or abridged. Public employees shall not have
- the right to strike.
-
- Sec. 7. The military shall be subordinate to the civil.
-
- Sec. 8. The right of the people to keep and bear arms in defense of
- themselves and of the lawful authority of the state shall
- not be infringed, except that the manner of bearing arms may
- be regulated by law.
-
- Sec. 9. No person shall be deprived of life, liberty, or property
- without due process of law, or be twice put in jeopardy for
- the same offense, or be compelled in any crimianl matter to
- be a witness against himself.
-
- Sec. 10. No bill of attainder or ex post facto law or law impairing
- the obligation of contracts shall be passed.
-
- Sec. 11. No person shall be imprisoned for debt, except in cases of
- fraud.
-
- Sec. 12. The right of the people to be secure in their persons,
- houses, papers and effects against unreasonable searches and
- seizures, and against the unreasonable interception of pri-
- vate communications by any means, shall not be violated. No
- warrants shall be issued except upon probable cause, sup-
- ported by affidavit, particularly describing the place or
- places to be searched, the person or persons, thing or
- things to be seized, the communication to be intercepted,
- and the nature of evidence to be obtained. Articles or in-
- formation obtained in violation of this right shall not be
- admissible in evidence.
-
- Sec. 13. The writ of habeas corpus shall be grantable of right, free-
- ly and without cost. It shall be returnable without delay,
- and shall never be suspended unless, in case of rebellion or
- invasion, suspension is essential to the public safety.
-
- Sec. 14. Until adjudged guilty, every person charged with a crime or
- violation of municipal or county ordinance shall be entitled
- to release on reasonable bail with sufficient surety unless
- charged with a capital offense or an offense punishable by
- life imprisonment and the proof of guilt is evident or the
- presumption great.
-
- Sec. 15. (a) No person shall be tried for capital crime without
- presentment or indictment by a grand jury, or for other
- felony without such presentment or indictment or an in-
- formation under oath filed by the prosecuting officer or the
- court, except persons on active duty in the militia when
- tried by courts martial. (b) When authorized by law, a
- child as therein defined may be charged with a violation of
- law as an act of delinquency instead of crime and tried
- without a jury or other requirements applicable to criminal
- cases. Any child so charged shall, upon demand made as pro-
- vided by law before a trial in a juvenile proceeding, be
- tried in an appropriate court as an adult. A child found
- delinquent shall be disiplined as provided by law.
-
- Sec. 16. In all criminal prosecutions the accused shall, upon demand,
- be informed of the nature and cause of the accusation
- against him, and shall be furnished a copy of the charges,
- and shall have the right to have compulsory process for
- witnesses, to confront at trial adverse witnesses, to be
- 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 in-
- dictment or information may charge venue in two or more
- counties conjunctively and proof that the crime was com-
- mitted in that area shall be sufficient; but before pleading
- the accused may elect in which of those counties he will be
- tried. Venue for prosecution of crimes committed beyond the
- boundaries of the state shall be fixed by law.
-
- Sec. 17. Excessive fines, cruel or unusual punishment, attainder,
- forfeiture of estate, indefinite imprisonment, and un-
- reasonable detention of witnesses are forbidden.
-
- Sec. 18. No administrative agency shall impose a sentence of impris-
- onment, nor shall it impose any other penalty except as pro-
- vided by law.
-
- Sec. 19. No person charged with crime shall be compelled to pay costs
- before a judgement of conviction has become final.
-
- Sec. 20. Treason agaist the State shall consist only in levying war
- against it, adhering to its enemies, or giving them aid and
- comfort, and no person shall be convicted of treason except
- on the testimony of two witnesses to the same overt act or
- on confession in open court.
-
- Sec. 21. The courts shall be open to every person for redress of any
- injury, and justice shall be administered without sale,
- denial or delay.
-
- Sec. 22. The right of trial by jury shall be secure to all and remain
- inviolate. The qualifications and the number of jurors, not
- fewer than six, shall be fixed by law.
-
-
-
-