FLORIDA LEGISLATIVE HISTORY RESEARCH Florida Supreme Court Library June 3, 2009.

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Presentation transcript:

FLORIDA LEGISLATIVE HISTORY RESEARCH Florida Supreme Court Library June 3, 2009

Why do Florida legislative history research? background information/context legislative intent definition of terms statutory construction and application project is assigned to you

What are the relevant Florida legislative history documents? bills: –text of the bill as introduced into the legislature and as amended during the legislative process –companion bills –useful to see the statute section in the context of other statute sections introduced at the same time

Florida legislative history documents committee hearings: –citizens, organizations, and experts are invited to speak about the bill –hearings are taped, but the tapes are not usually transcribed or indexed committee reports: –short fact sheets –only one or two pages

Florida legislative history documents staff analyses: –considered the most important legislative history documents –prepared by committee staff –summarize the bill, its probable effect, and its proposed changes –include statements about the purpose and need for the bill and the potential effects of the legislation –sometimes include fiscal notes or economic impact statements –analysis is updated if the House or Senate amends the bill

Florida legislative history documents floor debates: –sometimes legislators make statements on the floor that shed light on the purpose of the bill –debates are taped, but the tapes are not usually transcribed or indexed

Florida legislative history documents Journal of the Senate Journal of the House of Representatives –don’t provide a full transcript of the proceedings –record only the formal actions taken by the Senate or House, including introduction of bills, reference to committees, and voting records –include the text of floor amendments

Florida legislative history documents governor’s statements: –include the governor’s objection to any act he vetoes –sent to the house where the bill originated –statement will appear in the journal of that house

How far back are Florida legislative history documents available? Documents have existed in an organized, comprehensive way since Very few documents were retained before that time.

What is the process of conducting Florida legislative history research? Look at the relevant Florida statute section. Look at the history line to identify the chapter numbers of the laws that enacted or amended the statute section.

Process of conducting Florida legislative history research If you’re interested in a particular issue, look at the historical notes to see which law enacted or amended the relevant part of the statute section. If not mentioned in the historical notes, you might need to look at all listed laws.

Process of conducting Florida legislative history research Using the chapter number of the relevant law, go to the Laws of Florida for that year, and look at the text of the law that enacted or amended your statute section. The House or Senate bill number is listed immediately below the chapter number of the law. This bill number is used for obtaining relevant documents.

Process of conducting Florida legislative history research Using the House or Senate bill number, go to that year’s History of Legislation ( ) or the Final Legislative Bill Information “Citator” (1988 and after), to get the history of the bill. Look up the bill number in the Senate Bill Actions Report or the House Bill Actions Report (in the History of Legislation) or in the History of Senate Bills or the History of House Bills section (in the Final Legislative Bill Information “Citator”).

Process of conducting Florida legislative history research These sources provide the names of sponsors, dates of each action on the bill, including introduction, and an indication of any companion bills. References are to page numbers in the House or Senate Journal. Both publications are indexed by bill number, by Florida Statute chapter number, and by subject.

Process of conducting Florida legislative history research If useful, look in the Senate or House Journal, to see the text of floor amendments, or vote counts.

How do you obtain Florida legislative history documents? Since 1998, all legislative history documents generated by Florida legislative committees are available on the Internet, in full text. If the bill was enacted before 1998, call the appropriate source for related legislative history documents, depending on when the bill was enacted.

Obtaining Florida legislative history documents Audiotapes/CD’s of committee hearings and floor debates for all bills are available from various sources, depending on when the bill was enacted. When calling, you must provide the law number, bill number, and year of the session when the bill was enacted. Specify whether you need tapes/CD’s of floor debates, committee hearings, or both.

Obtaining Florida legislative history documents Senate sessions from the last 2 – 3 years: Senate Document Center Rm. 304, The Capitol House sessions from the last 2 – 3 years: House Document Center Rm. 334, The Capitol Earlier Senate and House sessions: State Archives of Florida R.A. Gray Building

Obtaining Florida legislative history documents  As a state agency, the Supreme Court is not charged for documents or audiotapes/CD’s.  We are required to go to the appropriate office to pick up the documents or audiotapes/CD’s.  The limit is 100 pages and/or two bill files per day, and requests can often be filled on the same day of the request.

Any questions?