Florida's first constitutional convention, which met from December 1838 to January 1839, drew up the document under which the state entered the Union in 1845. A second constitutional convention, meeting in 1861, adopted the ordinance of secession that joined Florida to the Confederacy. After the war, a new constitution was promulgated in 1865, but not until still another document was drawn up and ratified by the state—the Fourteenth Amendment to the US Constitution—was Florida readmitted to statehood in 1868. A fifth constitution was framed in 1885 and adopted the following year; extensively revised in 1968, this is the document under which the state is now governed. In 1998 Florida voters approved extensive revisions to the constitution; in 2002, voters approved a death penalty amendment, adding the death penalty to the constitution. In addition, in 2002 Florida voters approved several amendments: one requires the state to offer pre-kindergarten for four-year-olds by 2005; another, to reduce class size in schools by 2010; another animal rights measure protects pregnant pigs from unnecessary confinement; and another prohibits smoking in certain work environments. Overall the constitution had been amended 96 times by January 2003.
The 1968 constitutional revision instituted annual (rather than biennial) regular sessions of the legislature, which consists of a 40-member senate and a 120-member house of representatives. Sessions begin the Tuesday after the first Monday of March and are limited to 60 calendar days. The legislature may also call special sessions, by joint call of the presiding officers of both houses. Senators serve four-year terms, with half the senate being elected every two years; representatives serve two-year terms. All legislators must be at least 21 years old, must have been residents of Florida for at least two years, and must be registered voters and residents of the district. The maximum length of a regular legislative session is 60 calendar days, unless it is extended by a three-fifths vote of each house. Special sessions may be called by the governor or by joint action of the presiding officers of the two houses (the president of the senate and speaker of the house of representatives). In addition, a special session may be convened by a three-fifths vote of all legislators, the poll being conducted by mail by the secretary of state upon a written request from at least 20% of the members. The legislative salary in 2002 was $27,900.
The governor is elected for a four-year term; a two-term limit is in effect. The lieutenant governor is elected on the same ticket as the governor. An amendment adopted by voters in 1998, which took effect in 2002, merged the cabinet offices of treasurer and comptroller into one chief financial office. The other cabinet members will be the attorney general and agriculture commissioner; the amendment eliminated the offices of secretary of state and education commissioner from the cabinet. State officials must be at least 30 years old, US citizens, and registered voters, and must have been residents of Florida for at least seven years. In 2002 the governor's salary was $120,171.
Passage of legislation requires a majority vote of those present and voting in both houses. A bill passed by the legislature becomes law if it is signed by the governor; should the governor take no action on it, it becomes law seven days after receipt if the legislature is still in session, or 15 days after presentation to the governor if the legislature has adjourned. The governor may veto legislation and, in general appropriations bills, may veto individual items. Gubernatorial vetoes may be overridden by a two-thirds vote of the elected legislators in each house.
Amendments to the constitution may originate in three ways: by a joint resolution of the legislature passed by a three-fifths majority of the membership of each house; by action of a constitutional revision commission which, under the constitution, must be periodically convened; or by initiative petition (signed by 8% of the total votes cast in the state in the last election for presidential electors), which may call for a constitutional convention. A proposed amendment becomes part of the constitution if it receives a majority vote in a statewide election.
To vote in state elections, a person must be at least 18 years old, a US citizen, and a resident in the county of registration. Restrictions apply to those judged by the court as mentally incapacitated.