FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.

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Presentation transcript:

FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library

What is legislative history? A collection of related documents produced by the legislature during the enactment, or rejection, of a proposed state law.

Florida Legislative History Pre-1969 materials are non-existent 1969-mid-1970’s – some documentation mid 1970’s to 1988 – Archives From 1988 to present – complete Archives Libraries (some) Online (some)

Florida Legislative History Documents  Bill; companion bills; amendments  Staff analysis  Committee hearings  Floor debates  House or Senate Journal entries  Governor’s statements

Florida Legislative History Documents Order of importance by the courts: 1.Staff analysis 2.Bills 3.House and Senate Journals 4.Committee hearings 5.Debates 6.Governor’s statements

Step 3: Find Staff Analysis Step 4: Find Committee Hearings Step 5: Find Floor Debates Step 6: Governor’s Statements Step 2: Find Bill, Summary, and History Step 1: Identify Bill Number & Date Passed Collecting Florida Legislative History Documents

Start with FSA or Florida Statutes citation Go to the history notes. Find session law number(s). Look in Laws of Florida to find bill number. Step 1: Identify Bill Number & Date Passed

Start with Florida Statutes or FSA cite Go to the history notes Find session law numbers Look in Laws of Florida to find bill number

Laws of Florida CHAPTER Senate Bill No An act relating to the Florida Statutes; repealing various statutory provisions that have become obsolete, have had their effect, have served their purpose, or have been impliedly repealed or superseded; amending s , F.S….

Collecting Florida Legislative History Documents – Florida Legislative Service – History of Legislation 1987-present – Final Legislative Bill Information 1991-present -- Westlaw’s FL-BILLTRK-OLD 1998-present – Online SunshineOnline Sunshine Popularly known as Bill History Book Step 2: Find Bill’s Summary and History

Collecting Florida Legislative History Documents 1972 to 2003 – Law Library (print) 1998 to present – Online Sunshine siteOnline Sunshine Bills at least two years old -- Florida State Archives/Legislative Library House & Senate Journals (sometimes, date of introduction and amendments Step 2: Find Bill Text

Collecting Florida Legislative History Documents Most important document Describes language of the text 1988 to 1996 – microfiche need session law # 1997 to present – Online Sunshine site (go to Laws of Florida) need bill #Online Sunshine Step 3: Find Staff Analysis

Collecting Florida Legislative History Documents Not printed; recorded only on audio tape No index Poor tape quality Discussion is general, not specific Committees keep tapes for 2 years. Legislative Library for one year State Archives (Need bill #, committee name, and date from bill history) Step 4: Find Committee Hearings

Collecting Florida Legislative History Documents Available on audio tape only Not considered official records, but can shed light on bill’s purpose Available from: State Archives (older legislation) Clerk of the House (current legislation) Step 5: Find Floor Debates

Collecting Florida Legislative History Documents Vetoes or addresses Available from: State Archives House or Senate Journals Step 6: Find Governor’s Statements

Collecting Florida Legislative History Documents Finding Companion Bills Bill History refers to companion bills. No other specific source exists to locate them. Must examine all legislative history documents to find mentions.

Collecting Florida Legislative History Documents House and Senate Journals Voting records Text of floor amendments (important) Committee action Governor’s veto statements Not particularly useful in interpreting statutes. Courts use it to look for an accurate accounting of the formal steps taken when a law is passed

Collecting Florida Legislative History Documents House and Senate Journals In print, Law Library KFF18.H6 (1897-present) Online Sunshine (Senate site for both chambers)Online Sunshine From 1998 to present Next day when Legislature is in session

The End!