Florida Constitution ARTICLE XII SCHEDULE
Florida Constitution – Article XII: Schedule
Article XII of the Florida Constitution is titled "Schedule" and serves a transitional and procedural purpose. It provides guidance on how to implement, interpret, and transition from older versions of the constitution to the current one, especially following major revisions like the complete revision adopted in 1968.
🔑 Purpose of Article XII:
To ensure legal continuity and clarify how new constitutional provisions apply to existing laws, offices, rights, and obligations.
To preserve certain existing provisions temporarily or permanently.
To phase in new constitutional provisions over time.
📌 Key Provisions (Selected Highlights):
(Note: Article XII contains many sections, each dealing with a specific transitional matter. Below are highlights from some important sections.)
Section 1 – Constitution of 1885 Superseded
States that the 1968 revision replaces the 1885 Constitution, except for provisions expressly retained.
Section 2 – Senators
Addresses senatorial terms and apportionment during the transition to the new constitution.
Section 5 – Superintendent of Public Instruction
Specifies that this office becomes part of the new structure as the Commissioner of Education.
Section 9 – Bonds
Preserves the legality of bonds issued under prior constitutional authority.
Section 20 – State Lottery
Added in 1986: Establishes the State Lottery and directs proceeds to public education.
Section 22 – High Speed Rail (Repealed)
Previously mandated a high-speed rail system, but was repealed by voters in 2004.
Section 25 – Medical Liability Claims
Limits attorneys’ contingency fees in medical malpractice cases, following a voter-approved amendment in 2004.
Section 27 – Marriage Definition
Added in 2008: Defined marriage as between one man and one woman, but overridden by federal court rulings (e.g., Obergefell v. Hodges in 2015).
⚠️ Note:
Article XII is frequently amended as new constitutional amendments include their own transitional clauses in this article.
Each section stands independently, applying to a specific amendment or issue.
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