6. FLORIDA SESSION LAWS
6.1 Introduction
Bills that have passed the Florida Legislature and become law are reproduced in their entirety in the session laws. A session law’s section numbers will be identical to those that appeared in the bill.
The statutes are the selected reproduction of the portions of each session law that have general applicability. For example, the title of the bill and the “Whereas” clauses that appear at the beginning of a bill are not reproduced in the statutes, but they do appear in the session laws, and they are sometimes used by the courts to determine the legislative intent of the act.
The session law should be cited only when it is the subject of discussion. Thus, if the text refers to an earlier legislative action, it is appropriate to cite to the session law because that is the product of the legislative action. Similarly, if a court deals with a new law before it has been codified, a citation to the session law would be required.
6.1.1 In Text
The basic form is:
Legal Documents:
► Florida’s Administrative Procedure Act was extensively revised by chapter 96-159, Laws of Florida.
Scholarly Works:
► Florida’s Administrative Procedure Act was extensively revised by chapter 96-159, Florida Laws.
6.1.2 In Footnotes or Stand-Alone Cites
Legal documents should indicate the official or popular name of the law. For scholarly works, Bluebook Rule 12.4(a) recommends that session laws without official or popular names be identified with the form “Act of [date of enactment].” Dates of enactment, however, are not provided in the official Laws of Florida. Instead, use the secondary identification form recommended by the Bluebook, “Act effective [date of effectiveness].” The effective date is usually found in the last section of the session law. This section may read, “This act shall take effect on becoming a law.” In such cases, the effective date will be the date the act is either approved by the Governor or becomes law without his or her signature, one of which is normally indicated at the end of the session law.
The Florida Constitution (in article III, section 9) provides that when the legislature enacts a law without an effective date, the law goes into effect on the sixtieth day after adjournment sine die of the session of the legislature in which the law was enacted. In such cases, as well as when major provisions within the same law have differing effective dates, the identification form should be omitted.
The basic form is:
Legal Documents:
► Ch. 96-159, Laws of Fla.
Scholarly Works:
► Act effective Oct. 1, 1996, ch. 96-159, 1996 Fla. Laws 147.
6.2 Priority
Always cite to the official Laws of Florida. If the official Laws of Florida are unavailable, cite to West’s Florida Session Laws Service.
The basic form for West’s Florida Session Law Service is:
Legal Documents:
► Ch. 90-50, § 6, 1990 Fla. Sess. Law Serv. 64, 75 (West) (to be codified at § 415.504(4)(c)(1)(g), Fla. Stat.).
Scholarly Works:
► Act effective June 11, 1990, ch. 90-50, § 6, 1990 Fla. Sess. Law Serv. 64, 75 (West) (to be codified at Fla. Stat.§ 415.504(4)(c)(1)(g)).
6.3 Chapter Numbers
Session law chapter numbers appear at the head of each bill that is approved by the legislature, signed by the Governor, and filed with the secretary of state. The secretary of state assigns these numbers in the order the acts are filed with the office. The first two digits of the chapter number represent the year of the legislation; the numbers after the hyphen indicate the numerical order in which the acts appear in the session laws. The numbers assigned in the session laws differ from those assigned in the Florida Statutes. Note that before 1957, the secretary of state used a different numbering system that numbered all session laws from the nineteenth century until 1956 in a consecutive numbering system. When citing to pre-1957 session laws in legal documents, include the year of the law.
Legal Documents:
► Ch. 22000, Laws of Fla. (1943).
Scholarly Works:
► Act effective June 10, 1943, ch. 22000, 1943 Fla. Laws 702.
6.4 Section Numbers
There are two types of section numbers: those in the Florida Statutes, and those in the Laws of Florida. Each act begins with section one and is numbered consecutively throughout. Sometimes the act does not contain the intended location of codification in the Florida Statutes. For example, in the Laws of Florida, the Uniform Trade Secrets Act was divided into ten sections. After becoming a law, it was codified at sections 688.001-.009, Florida Statutes, but the location in the statutes was not established by the enactment.
More frequently, each act also contains the intended location of codification in the Florida Statutes. For example, chapter 88-337, Laws of Florida, created the Family Policy Act. It provided as follows:
Section 13. Section 39.403, Florida Statutes, is amended to read: . . . .
Textual reference to the aforementioned section is “Section thirteen of the Act,” or “Section 39.403, Florida Statutes,” but not “Section 39.403 of the Act.”
6.5 Sections of Acts
Use the section symbol when referring to a specific section within the session law. Provide a pinpoint reference to the page in the Laws of Florida on which the material can be found. In scholarly articles, indicate the page on which the act begins as well. Include a parenthetical reference to the Florida Statutes if it is helpful to identify the specific portion of the section of the act under discussion.
Legal Documents:
► 1. Ch. 90-109, § 13, at 326, Laws of Fla.
► 2.Id.§ 8, at 319 (amending § 713.135(1)(d), Fla. Stat. (1989)).
► 3. Ch. 89-114, § 2, at 310, Laws of Fla. (codified at § 287.133(3)(e)(1), Fla. Stat. (1989)).
Scholarly Works:
► 1. Ch. 90-109, § 13, 1990 Fla. Laws 307, 326.
► 2.Id. § 8, 1990 Fla. Laws at 319 (amending Fla. Stat. § 713.135(1)(d) (1989)).
► 3. Act effective July 1, 1989, ch. 89-114, § 2, 1989 Fla. Laws 307, 310 (codified at Fla. Stat.§ 287.133(3)(e)(1) (1989)).
6.5.1 Subsections of Acts
Sections of an act frequently have subsections that correspond to their anticipated location in the Florida Statutes. Retain the parentheses surrounding the subsection numbers (as well as those surrounding further subdivisions). A parenthetical indicating the location of the subsection in theFlorida Statutes may be used if it is helpful to identify the subsection.
Legal Documents:
► Electronic Signature Act of 1996, ch. 96-224, § 4(3), at 838, Laws of Fla. (codified at § 282.72(3)(a), Fla. Stat. (Supp. 1996)).
Scholarly Works:
► Electronic Signature Act of 1996, ch. 96-224, § 4(3), 1996 Fla. Laws 837, 838 (codified atFla. Stat.§ 282.72(3)(a) (Supp. 1996)).
6.6 Names of Acts
The legal title of an act is found in the language directly following the chapter and bill number. If the title is not reproduced in the statutes it will be in the session laws.
Chapter 91-74, House Bill 1431 is entitled: “An act relating to bias in Florida’s court and justice systems . . . .”
Do not use the legal title to identify an act in the footnotes of scholarly articles unless it is the official or popular name (e.g., the Uniform Trade Secrets Act). For acts without official or popular titles, see supra Rule 6.1.2.
6.6.1 In Text
When referring to an act by its name, capitalize according to its appearance in the statutes. Also, on first reference to the act, include a footnote that cites to the statute or session law that designates the name of the act.
► The Electronic Signature Act of 1996118was intended to . . .
118. Electronic Signature Act of 1996, ch. 96-224, § 1, 1996 Fla. Laws 837, 837 (codified at Fla. Stat.§ 282.70 (Supp. 1996)).
6.6.2 Short Forms
After the first reference to an act by its full name, it is permissible in subsequent references to simply use “Act” as a short form reference.
► The Electronic Signature Act of 1996 was intended to boost confidence in electronic signatures. The Act was also meant to reduce the number of forged electronic signatures.
6.6.3 In Footnotes or Stand-Alone Cites
If an act has an official name, it should be cited the first time the act is referenced, but it is not necessary if the text gives the full name of the act.
Legal Documents:
► The Uniform Trade Secrets Act, ch. 88-254, Laws of Fla. (codified at §§ 688.001-.009, Fla. Stat. (1989)).
Scholarly Works:
► The Uniform Trade Secrets Act, ch. 88-254, 1988 Fla. Laws 1377 (codified at Fla. Stat.§§ 688.001-.009 (1989)).
6.7 Short Forms
6.7.1 Use of “Id.”
“Id.” alone is sufficient when, on subsequent reference in the next footnote, the citation is to the same section. However, if the next footnote is to the same act but to a different section, then include the section number, the session law reporter (except in legal documents), and the page on which the cited section begins.
Legal Documents:
► 1. Ch. 91-74, § 1, at 455, Laws of Fla. (amending § 43.29, Fla. Stat. (1989)); id.§ 4, at 456 (to be codified at § 760.51, Fla. Stat.); id.§ 5, at 456 (to be codified at § 16.57, Fla. Stat.).
► 2. Ch. 90-50, § 6, 1990 Fla. Sess. Law Serv. 64, 75 (West) (to be codified at § 415.504(4)(c)(1)(g), Fla. Stat.).
► 3.Id.
► 4. Ch. 90-109, Laws of Fla.
► 5.Id.§ 3, at 313 (amending § 713.03(1), Fla. Stat. (1989)).
Scholarly Works:
► 1. Act effective Oct. 1, 1991, ch. 91-74, § 1, 1991 Fla. Laws 455, 455 (amending Fla. Stat. § 43.29, (1989)); id. § 4, 1991 Fla. Laws at 456 (to be codified at Fla. Stat.§ 760.51); id. § 5, 1991 Fla. Laws at 456 (to be codified at Fla. Stat.§ 16.57).
► 2. Act effective June 11, 1990, ch. 90-50, § 6, 1990 Fla. Sess. Law Serv. 64, 75 (West) (to be codified at Fla. Stat.§ 415.504(4)(c)(1)(g)).
► 3.Id.
► 4. Ch. 90-109, 1990 Fla. Laws 307.
► 5.Id. § 3, 1990 Fla. Laws at 313 (amending Fla Stat.§ 713.03(1)(1989)).
6.7.2 Other Acceptable Short Citation Forms
In addition to the “id.” form, other short citation forms for Florida session laws may be used in scholarly works only. The following examples illustrate the use of acceptable short forms to refer to cited session laws:
► 1. Electronic Signature Act of 1996, ch. 96-224, 1996 Fla. Laws 837.
► 2. Act effective Oct. 1, 1996, ch. 96-159, 1996 Fla. Laws 147.
► 3. Electronic Signature Act § 5, 1996 Fla. Laws at 838.
► 4. Ch. 96-159, § 13, 1996 Fla. Laws at 174.
6.8 Parenthetical Indicating Statutory Change
6.8.1 General Rule
Include a parenthetical reference to aid the reader in finding the law in the current version of the Florida Statutes. This is not needed if the law is no longer in force and there is no current version to cite. However, in such a case, indicate that the law has been repealed, amended, or transferred. See supra Rule 5.7 for guidance on the citation format for Florida Statutes in these instances.
6.8.2 Creation of New Statutes: “To Be Codified At”
If it is a new law, indicate parenthetically where it is to be codified if the official statutes containing the new act are not yet published. If relying upon the bill or session laws for the citation, the parenthetical should read “(to be codified at § xxx.xx, Fla. Stat.)” in legal documents or “(to be codified at Fla. Stat.§ xxx.xx )” in scholarly works, with no year for the statute indicated.
Legal Documents:
► Ch. 91-74, § 10, at 457, Laws of Fla. (to be codified at § 943.1715, Fla. Stat.).
Scholarly Works:
► Act effective Oct. 1, 1991, ch. 91-74, § 10, 1991 Fla. Laws 455, 457 (to be codified at Fla. Stat.§ 943.1715).
6.8.3 Creation of New Statutes: Codification Completed
Once the session law is codified in the official statutes, indicate parenthetically its location in the current code. Use the form “codified at” if indicating a historical fact or the legislation as it appeared when first codified. Use the form “current version at” to reflect any amendments since enactment when referencing the current codification of the act. If the codification is to a supplement to the Florida Statutes, which came out in the even-numbered years prior to 1999, use the form “(Supp. 19xx)” for the year of the statute.
► Ch. 88-337, § 21, at 1773-76, Laws of Fla. (codified at § 415.504(4)(a), Fla. Stat. (1989)).
► Ch. 85-55, § 14(g), at 230, Laws of Fla. (current version at § 163.3202(2)(g), Fla. Stat. (1989)).
Scholarly Works:
► Ch. 88-337, § 21, 1988 Fla. Laws 1750, 1773-76 (codified at Fla. Stat.§ 415.504(4)(a) (1989)).
► Ch. 85-55, § 14(g), 1985 Fla. Laws 207, 230 (current version at Fla. Stat.§ 163.3202(2)(g) (1989)).
6.8.4 AmendingExisting Law
If the session law amends an existing law, then the parenthetical must indicate the existing statute and the year of the statute being amended. This information will be indicated in the act.
Legal Documents:
► Ch. 91-75, § 1, at 459, Laws of Fla. (amending § 581.192, Fla. Stat. (1989)).
Scholarly Works:
► Act effective July 1, 1991, ch. 91-75, § 1, 1991 Fla. Laws 459, 459 (amending Fla. Stat.§ 581.192 (1989)).
See supraRule 5.7.2 for citations to statutes which have subsequently been amended.
6.8.5 Amending and RecodifyingExisting Law
If the session law amends an existing law and directs that it be codified at a new location, then indicate both the amended section as well as the new location in a single parenthetical.
Legal Documents:
► Ch. 91-74, § 3, at 456, Laws of Fla. (amending § 39.024(2)(b), Fla. Stat. (Supp. 1990), to be codified at § 39.024(2)(c), Fla. Stat.).
Scholarly Works:
► Act effective Oct. 1, 1991, ch. 91-74, § 3, 1991 Fla. Laws 455, 456 (amending Fla. Stat.§ 39.024(2)(b) (Supp. 1990), to be codified at Fla. Stat.§ 39.024(2)(c)).
6.8.6 Reenacting Law
If the session law reenacts a previously repealed statute, indicate the reenactment in a parenthetical.
Legal Documents:
► Ch. 91-187, § 3, at 1588, Laws of Fla. (reenacting § 270.22, Fla. Stat.).
Scholarly Works:
► Act effective Oct. 1, 1991, ch. 91-187, § 3, 1991 Fla. Laws 1587, 1588 (reenacting Fla. Stat.§ 270.22).