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873.FLORIDA.TXT
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1994-02-11
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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.