FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark,...

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

Transcript of FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark,...

Page 1: FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.

FLORIDALEGISLATIVE HISTORY

Presented by

Marin Dell, JD MLIS

Fall 2008

Created by

Margaret Clark, Reference Librarian

FSU College of Law Library

Page 2: 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.

Page 3: FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.

Florida Legislative History

• Pre-1969 materials are non-existent

• 1969-mid-1970’s – some documentation

• mid 1970’s to 1988 – complete @ Archives

• From 1988 to present – complete• Archives

• Libraries (some)

• Online (some)

Page 4: FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.

Florida Legislative History Documents

Bill; companion bills; amendmentsStaff analysisCommittee hearingsFloor debatesHouse or Senate Journal entriesGovernor’s statements

Page 5: FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.

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

Page 6: FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.

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

Page 7: FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.

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

Page 8: FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.

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

Page 9: FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.
Page 10: FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.

Laws of Florida

CHAPTER 2000-211

Senate Bill No. 1788

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. 161.163, F.S….

Page 11: FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.

Collecting Florida Legislative History Documents

• 1949-1963 – Florida Legislative Service• 1965-1987 – History of Legislation• 1987-present – Final Legislative Bill Information• 1991-present -- Westlaw’s FL-BILLTRK-OLD• 1998-present – Online Sunshine

Popularly known as Bill History Book

Step 2: Find Bill’s Summary and History

Page 12: FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.

Collecting Florida Legislative History Documents

• 1972 to 2003 – Law Library (print)

• 1998 to present – Online Sunshine site

• 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

Page 13: FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.

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 #

Step 3: Find Staff Analysis

Page 14: FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.

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

Page 15: FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.

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

Page 16: FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.

Collecting Florida Legislative History Documents

Vetoes or addresses

Available from:• State Archives• House or Senate Journals

Step 6: Find Governor’s Statements

Page 17: FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.

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.

Page 18: FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.

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

Page 19: FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark, Reference Librarian FSU College of Law Library.

Collecting Florida Legislative History Documents

House and Senate Journals

• In print, Law Library KFF18.H6 (1897-present)

• Online Sunshine (Senate site for both chambers)

• From 1998 to present

• Next day when Legislature is in session

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The End!