FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark,...
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Transcript of FLORIDA LEGISLATIVE HISTORY Presented by Marin Dell, JD MLIS Fall 2008 Created by Margaret Clark,...
FLORIDALEGISLATIVE 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 – complete @ Archives
• From 1988 to present – complete• Archives
• Libraries (some)
• Online (some)
Florida Legislative History Documents
Bill; companion bills; amendmentsStaff analysisCommittee hearingsFloor debatesHouse or Senate Journal entriesGovernor’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
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
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 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provisions that have become obsolete, have had their effect, have served their purpose, or have been impliedly repealed or superseded; amending s. 161.163, F.S….
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
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
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
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)
• From 1998 to present
• Next day when Legislature is in session
The End!