Florida Legislation and Legislative History
Robin R. Gault March 3, 2005
Researching Florida Legislation
• The first question to ask is whether the statute you are seeking is a permanent, general law (as opposed to an appropriations act or a special/local law). • Permanent, general laws are codified in Florida Statutes, which is divided into titles, chapters, and sections. They are normally cited by section numbers.
Florida Statutes
• Since 1999 the official Florida Statutes has been published every year. Prior to that it was issued in odd-numbered years, with a bound supplement in even years. • Florida Statutes was first published in 1941. Regular publication begin in 1949. • [KFF 30 (year) A27]
• Useful features in official Florida Statutes: • Preface (printed in each volume) • Table of Section Changes from the most recent legislature • Table Tracing Session Laws to Florida Statutes (current vol. begins with 1995 session) • Table of Repealed and Transferred Sections (1943-present).
• Final volume has comprehensive index. Note that popular names of acts are listed under SHORT TITLES in index.
• Florida Statutes are also available on the Web: • http://www.flsenate.gov
Florida Statutes Annotated
• Florida Statutes Annotated (West) – contains more detailed history notes, references to other sources, case annotations. [KFF 30 1943 A4] • F.S.A. also contains annotated court and bar rules and older constitutions. • Updated with pocket parts, interim supplements, replacement volumes. Paperbound index published yearly.
Florida Annotated Statutes
• Florida Annotated Statutes (Lexis/Nexis) – newest unofficial version. Paperbound set is published yearly. [KFF 30 2002 A4] • Fewer (and different!) case annotations, different references to other materials. • F.A.S. is smaller than F.S.A., does not contain court rules.
Florida Session Laws
• Moving between Fla. Statutes and session laws:
• The History note at the end of each section of the Fla. Statutes lists the session laws that created or amended that section. Annotated statutes have more detailed history notes. • The Table Tracing Session Laws to Florida Statutes (in last vol. of official statutes) lets you see where a session law is codified.
• Session laws are available on web from Division of Elections: • http://election.dos.state.fl.us/laws/laws_pr oced.shtml • Official print version is Laws of Florida, in paper or microfiche. [KFF 25 A3]
• Session laws are numbered as chapters. • Since 1957, numbering includes year as well as sequential number: Ch. 99-178, Ch. 2002-65. Prior to that, numbers were continuous sequence beginning 1845. Example: Ch. 28156 (passed in 1953).
• General laws are numbered in sequence as they are passed; special laws (affecting only limited area/group) are assigned numbers at the end. • Index to general laws in Laws of Florida is separate from index to special laws. • Special and local laws have their own published index in two volumes: 18451970 and 1971-present. [KFF 40 L43]
Florida Legislative History
• Beginning with Florida Statutes:
• Examine History notes at the end of each section. These are usually most extensive in Florida Statutes Annotated. • History notes indicate the derivation of the statute. They indicate the sections of the session laws that created and amended this legislation.
• Moving to Laws of Florida:
• Take your session law references and go to the session law to see whether it is relevant. • Session laws 1997 to present are on Dept. of State webpage: • http://election.dos.state.fl.us/laws/laws_proc ed.shtml#GL • Printed Laws of Florida in Law Library: [KFF 25 A3]
• If the session law is relevant, note the session law number, the section within the session law, and the bill number. • Remember that section numbers within the session laws do not correspond to Florida Statutes section numbers.
• Once you have the bill number, you can start looking to see what information is available about that bill, including other versions of the bill and other published and unpublished information about it.
• To understand the Florida legislative process, see “How an Idea Becomes a Law” on Fla. Senate page. (Click on links under “Information Center.) • http://www.flsenate.gov/Welcome/index.c fm
• Bills in Florida go through a lengthy process of consideration by one or more committees, as well as floor debates. However, very little documentation of this process is published.
• Printed legislative history documentation: • Bills:
• Numbers will have a letter added for a special session. Committee substitute bills have C or CS added. The Law Library has bills back to 1972 at KFF 6. • Bills are on the Web since 1998. Go to link under Session on Senate page.
• Staff Analysis:
• Prepared by staff of each committee that considers a bill. • Cautionary language on current staff analyses: “This Senate staff analysis does not reflect the intent or official position of the bill’s sponsor or the Florida Senate.” Similar language on House staff analyses.
• Staff Analysis, cont.:
• Since 1998 they are on the web, linked to the individual bills. Search by House or Senate bill number. • Private company microfilmed them 19881996. (Law Library MICR KFF 11.6 .A2) They produced 1997 and 1998 on CD, available on Law Library computers. See catalog entry for “Florida Legislative History Documentation.”
• House and Senate Journals:
• Official records of the formal actions of each house. They do not contain the text of hearings or debates. • Law Library has journals 1897-present at KFF 18. • Senate journals are on Senate web page beginning 1998. Click on Session link, choose Journals and session date.
• House Journals:
• House journals are available from Senate link for 1998-2001. For more recent journals, go to: • http://www.myfloridahouse.gov/publications. aspx • Click on Session link.
• Bill History:
• Lists the action taken on each bill, with dates. On the Web this is linked to each specific bill. The printed version has various titles, such as History of Legislation. [KFF 6 .Z2] • This information tells you what dates are relevant for your search for action on your legislation.
• Unpublished documentation: • Committee files:
• Legislative committees may collect information from a variety of sources. These files (or some portion of them) will eventually end up in the State Archives.
• Audiotapes:
• Committee hearings and floor debates on bills are audiotaped. The tapes are kept in the State Archives, which can provide copies. The tapes are organized chronologically, not by subject, so you need to know when your bill was discussed. The Bill History and Official Journals can help with this.
• Research in the State Archives:
• Present system of archiving information was created with 1968 Constitution. Archives has very limited information from 1969 - 1975. • Very recent committee information may not yet have reached the Archives. Committees typically hold their files for several years. • Information from State Archives: • http://dlis.dos.state.fl.us/barm/fsa/legislativeresearch .htm
• State Archives does limited research for a fee. They can also supply names of research companies.
• You can also directly contact the sponsor of a bill or the committee that considered a bill. Legislative web pages have contact information.
Bill Tracking
• To identify upcoming bills that you may want to track, check the Subject Index under Bill Information Citator on Senate page. • You can search bills by number on the Senate page. Be sure that you are searching the correct session.