III. Statutory and Administrative Materials
a. Florida Constitution; Constitutions of Other States and the Federal Constitution
The Florida Constitution is cited:
Art V, § 3(b)(3), Fla. Const.3
The first portion before the comma represents the article of the constitution which one is citing. The second portion represents the section within the Article. Finally, the last portion stands for the state constitution which is being cited, here, the Florida Constitution.
The Florida appellate rules do not set forth model citations for the constitutions of other states or for the Federal Constitution. Accordingly, the Bluebook provides the proper citation methods. The constitutions from other states are cited as follows, using New York and Texas as examples:
N.Y. Const. art. IV, § 7;
Tex. Const. art. II, § 1.
First, cite the particular constitution, then the article, and then the section.
The Federal Constitution is cited:
U.S. Const. art. I, § 6, cl. 1;4 or
U.S. Const. amend. XIV, § 2; or
U.S. Const. pmble.
The citation always begins with U.S. Const. then lists the article or amendment. Subsections within each amendment or article are then cited, with § being used for sections and cl. for clauses. Note that the preamble, “pmbl.,” has no article, section, or clause subsections.
b. Florida Statutes
The Florida Statutes are cited in the following manner:
§ 857.102, Fla. Stat. (1998).5
The Florida Statutes are not republished every year. Supplements are published on a yearly basis to update any statutes that have been amended, enacted, or repealed. When the Florida Statute Supplement contains a version of the statute, that version always should be utilized. In such instances, the supplement should be cited:
§ 857.102, Fla. Stat. (Supp. 1998).
In citing the several Florida Rules, which will be discussed shortly, or other statutory materials which do not appear in the official reporter, one may cite the annotated versions of the statutes. The annotated version of the statutes, which contains cases that have cited the referenced rule or statute, are cited:
§ 857.102, Fla. Stat. Ann. (1998).6
The supplements to these rules are cited in the same manner as the supplements for the Florida Statutes.7
c. Laws of Florida
Generally, the laws of Florida are not cited unless the particular statute does not appear in the general statutes or one wishes to make particular reference to the enactment of the statute. If one is citing the Florida Laws, which are the form in which the statutory materials appear as originally enacted by the Legislature, all such general laws after 1956 are cited:
Ch. 74-177, § 4, at 489, Laws of Fla. (1997).
Before 1957, the Florida laws would be cited:
Ch. 22000, Laws of Fla. (1942).
First, set forth the chapter in which the law appears in the Laws of Florida Reporter. Then, state the particular section referred to and the page at which that section appears. Finally, list the reporter, which is the Laws of Florida. Before 1957, the particular laws were not broken up into sections. Merely use the number which corresponds to the entire law.
d. Florida Rules of Procedure
Florida has twenty-four different rules of procedure. Each one has its own citation form. Generally, state that it is a Florida rule, “Fla.” Next, state the abbreviation for the particular rule. Finally, state the exact rule number. The various rules of procedure are cited:
Florida Rules of Civil Procedure: Fla. R. Civ. P. 1.280.
Florida Rules of Judicial Administration: Fla. R. Jud. Admin. 2.038.
Florida Rules of Criminal Procedure: Fla. R. Crim. P. 3.864.
Florida Rules of Workers’ Compensation: Fla. R. Work. Comp. P. 4.112.
Florida Probate Rules: Fla. Prob. R. 5.130.
Florida Rules of Traffic Court: Fla. R. Traf. Ct. 6.163.
Florida Small Claims Rules: Fla. Sm. Cl. R. 7.060.
Florida Rules of Juvenile Procedure: Fla. R. Juv. P. 8.060.
Florida Rules of Appellate Procedure: Fla. R. App. P. 9.200.
Florida Rules of Mediation: Fla. R. Med. 10.020.
Florida Rules of Arbitration: Fla. R. Arb. 11.020.
Florida Family Law Rules of Procedure: Fla. Fam. L. R. P. 12.030.
Florida Judicial Code of Conduct: Fla. Code Jud. Conduct, Canon 4B.
Rules Regulating the Florida Bar: R. Regulating Fla. Bar 4-1.20.
Florida Bar Foundation Charter: Fla. Bar Found. Charter, art. 3.5.
Florida Board of Bar Examiners Rules: Fla. Bd. Bar Exam. R. II.
Florida Standard Jury Instructions – Civil: Fla. Std. Jury Instr. (Civ.) 6.3(b).
Florida Bar Admission Rules: Fla. Bar Admiss. R., art. II.
Florida Judicial Qualification Commission Rules: Fla. Jud. Qual. Comm’n R. 8.
Florida Bar Foundation By-Laws: Fla. Bar Found. By-Laws, art. 2.17(b).
Florida Standards Imposing Lawyer Sanctions: Fla. Stds. Imposing Law. Sancs. 9.2.
Florida Bar Integrity Rules: Fla. Bar Integr. R., art X, rule 11.08.
Florida Standard Jury Instructions – Criminal: Fla. Std. Jury Insr. (Crim.). [crime]
Florida Bar Code of Professional Responsibility: Fla. Bar Code Prof. Resp. D. R. 1-201(B).
Florida Standards Imposing Lawyers Sanctions - Drug Cases: Fla. Stds. Imposing Law. Sancs. (Drug Cases) 2.
e. Attorney General Opinions
Opinions of the Attorney General of Florida are cited simply. State that it is the opinion of the attorney general, the number given to the particular opinion, and the year of the opinion:
Op. Att’y Gen. Fla. 73-178 (1973).
