Florida Constitution ARTICLE I DECLARATION OF RIGHTS
Here is a structured overview of Article I – Declaration of Rights from the Florida Constitution, which outlines fundamental rights and protections for Floridians:
📜 Article I – Declaration of Rights
Section 1. Political Power
“All political power is inherent in the people…” — underscores popular sovereignty and clarifies that enumerated rights don’t deny others retained by the people (fcit.usf.edu).
Section 2. Basic Rights
Guarantees rights to life, liberty, and the pursuit of happiness, along with protection against involuntary servitude and deprivation of rights without due process .
Section 3. Religious Freedom
Protects free exercise of religion, while prohibiting use of public funds in support of any religious institution (flsenate.gov).
Section 4. Freedom of Speech and Press
Allows free expression and publication, holds publishers responsible for abuse of that freedom, and permits truth and motive as defenses in defamation cases (codes.findlaw.com).
Section 5. Right to Assemble
Affirms the right to assemble peacefully and petition government for redress.
Section 6. Right to Work
Ensures individuals can seek or retain work without compulsory union affiliation.
Section 7. Military Power
Declares the state's militia subordinate to civilian authority and prohibits martial law, except when public safety requires.
Section 8. Right to Bear Arms
Protects the individual right to bear arms in defense of self and the state.
Section 9. Due Process
States that no person will be deprived of life, liberty, or property without due process, nor be tried twice for the same offense, nor forced to testify against themselves (ballotpedia.org, leg.state.fl.us, flsenate.gov).
Section 10. Prohibited Laws
Prohibits bills of attainder, ex post facto laws, and laws impairing contractual obligations (ballotpedia.org).
Section 11. Imprisonment for Debt
Forbids imprisonment for debt except in cases involving fraud (ballotpedia.org).
Section 12. Searches and Seizures
Protects against unreasonable searches and seizures, requiring warrants based on probable cause, with specific descriptions and sworn affidavits (ballotpedia.org).
Section 13. Habeas Corpus
Guarantees the right to challenge unlawful detention through habeas corpus.
Section 14. Pretrial Release and Detention
Ensures rights to reasonable bail, prompt hearings, or release under least restrictive conditions.
Section 15. Prosecution for Crime; Offenses by Children
Details rules around prosecution, including those involving minors.
Section 16. Rights of Accused and Victims
Secures rights to counsel, notice of charges, speedy trial, jury trial, confrontation, and provides victims with rights to be informed and heard.
Section 17. Excessive Punishment
Prohibits cruel or unusual punishment and excessive bail or fines.
Section 18. Administrative Penalties
Protects individuals against excessive or unwarranted administrative sanctions.
Section 19. Costs
Ensures protections relating to court costs, particularly for indigent defendants.
Section 20. Treason
Defines treason and limits its punishment.
Section 21. Access to Courts
Grants broad access to courts for relief against injuries, excluding insignificant claims.
Section 22. Trial by Jury
Guarantees jury trial rights in criminal cases and eligible civil cases.
Section 23. Right of Privacy
Declares a constitutional right to privacy — “Every natural person … has the right to be let alone and free from governmental intrusion.” (ballotpedia.org, fl.elaws.us, statecourtreport.org).
Section 24. Access to Public Records and Meetings
Ensures transparency and accountability by guaranteeing public access to governmental records and meetings.
Section 25. Taxpayers’ Bill of Rights
Sets taxpayer protections regarding state spending and tax limitations.
Section 26. Claimant’s Right to Fair Compensation
Guards private property from state infringement without just compensation.
Section 27. Marriage Defined
Defines marriage under Florida law.
✅ Why It Matters
Expansive rights framework: Florida’s Declaration goes beyond the U.S. Bill of Rights by explicitly defining privacy, taxpayer protections, public record access, and more.
Refined state protections: Many guarantees reflect interpretations in line with federal jurisprudence but sometimes include stronger or broader language.
Adapted over time: Numerous sections have been added or clarified via amendments to address evolving legal and social issues in Florida.
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