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FLORIDA LEGISLATIVE HISTORY

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?.

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FLORIDA LEGISLATIVE HISTORY

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

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

  3. 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)

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

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

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

  7. 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

  8. 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

  9. 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provisions that have become obsolete, have had their effect, have served their purpose, or have been impliedly repealed or superseded; amending s. 161.163, F.S….

  10. 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

  11. 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

  12. 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

  13. 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

  14. 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

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

  16. 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.

  17. 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

  18. 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

  19. The End!

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