Constitution of 1885 and proposed Constitution of 1968;

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Material Information

Title:
Constitution of 1885 and proposed Constitution of 1968; section by section analysis
Uniform Title:
Constitution
Physical Description:
ii, 261 p. : ; 22 x 31 cm.
Language:
English
Creator:
Florida
Publisher:
Duplicated by the Office of the Clerk, House of Representatives
Place of Publication:
Tallahassee
Publication Date:

Notes

General Note:
Printed in parallel columns.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 001723735
notis - AJD6249
System ID:
AA00007510:00001

Full Text






















[Constitution of 1885 and proposed constitution of
1968 Section by section analysis]. Duplicated by
the Clerk of the House. July 24, 1968.







Duplicated by the
Office of the Clerk
July 24, 1968 House of Representatives


The purpose of this comparison is to provide a basic analytic document that allows, easily
and accurately, an exact section by section, or even word by word", analysis of the changes made
in the revision of the Constitution of 1885, as amended, submitted by the Legislature to the
voters for ratification at the General Election of November 5, 1968.

The left hand column contains the proposed revision and the right hand column shows the
similar provisions of the Constitution of 1885, as amended.** Many sections of the Constitution
of 1885, have been combined or separated in the proposed revision. Where sections have been
separated and placed opposite different sections of the proposed revision, the procedure has been
denoted by use of the expression "(portion of section)" and the common denotation of to show
deletions. The placement of the deleted portion is shown by an article/section reference TO THE
PROPOSED REVISION; e.g., ..(,2)... denotes that the deleted portion may be found opposite
Article I, Section 2, OF THE PROPOSED REVISION. Where the same phrase of the Constitution of 1885
has been used more than once there is a parenthetical reference, (see also ..), to the other
sections in which the phrase may be found. ALL REFERENCES TO OTHER SECTIONS REFER TO THE ORDER
FOUND IN THE REVISION, unless otherwise noted.

New provisions in the revision will be found opposite the phrase "no comparable section" in
the column containing the Constitution of 1885; while deleted sections of the Constitution of 1885
will be found opposite the phrase "no comparable section" in the column containing the revision
AT THE END OF EACH APPLICABLE ARTICLE OF THE PROPOSED REVISION. Many sections or portions thereof
applicable to similar provisions in the proposed revision will not be found at the end of the
article, but rather may be found only opposite the similar section of the revision (enabling easier
analysis of the inconsistencies and applicability of proposed Article XII, Section 10). There are
some references to sections of Article V in the comparison. This is only for the purpose of show-
ing applicable sections for comparison; they will, of course, continue in effect as part of
Article V, which is not amended.

THIS COMPARISON HAS BEEN VERIFIED TO ASSURE TRAT EVERY WORD OF BOTH THE CONSTITUTION OF 1885,
AS AMENDED, EXCEPT ARTICLE V, AND THE PROPOSED REVISION IS INCLUDED.

*FOR GENERAL INFORMATION: The Constitution of 1885, as amended, contains 36,230 words; the
Revised Constitution of 1968 will contain 21,286 words (HJR 1-2X--ll,658; STR 4-2X--296; SJR 5-2X
(ART. VIII)--1,333; ART. V (1885, not revised)--7,999). The Revision, therefore reduced the
number of words in the Constitution by approximately 420/.

**The copy distributed by the Secretary of State January 9, 1967, with the amendment to
Article XII, Section 2, adopted by the voters May 7, 1968, added thereto, is used.









aY /.2. 737
j7d 36c
/ 9 &












* TABLE OF CONTENTS


Page


. 1


Preamble

ARTICLE

ARTICLE

ARTICLE

ARTICLE

ARTICLE

ARTICLE

ARTICLE

ARTICLE

ARTICLE

ARTICLE

ARTICLE


I, Declaration of Rights .

II, General Provisions ..

III, Legislative .....

IV, Executive ......

VI, Suffrage and Elections

VII, Finance and Taxation

VIII, Local Government ..

IX, Education ......

X, Miscellaneous .....

XI, Amendments ......

XII, Schedule ......


. . 16

. . 30

. . 73

. . 95

. 104

. 126

. . 89

. . 03

. . 219

. . 231


* All Articles shown in the Table of Contents are those of the new,
proposed Florida Constitution, and will be found on the left hand
side of the page listed. The comparable section of the 1885
Florida Constitution appear on the right hand side of the same page.












(KIR 1-2X)

PREAMBLE


CONSTITUTION OF 1885, as AMENDED

PREAMBLE


We, the people of the State of Florida,

being grateful to Almighty God for our consti-

tutional liberty, in order to secure its bene-

fits, perfect our government, insure domestic

tranquility, maintain public order, and

guarantee equal civil and political rights to

all, do ordain and establish this constitution.


ARTICLE I

DECLARATION OF RIGHTS

Section 1. POLITICAL POWER.-- All

political power is inherent in the people. The

enunciation herein of certain rights shall not

be construed to deny or impair others retained

by the people.








Section 2. BASIC RIGHTS.-- All natural

persons are equal before the law and have in-


We, the people of the State of Florida,

being grateful to Almighty God for our constitu-

tional liberty, in order to secure its benefits,

form a more perfect government, insure domestic

tranquility, maintain public order, and guarantee

equal civil and political rights to all, do

ordain and establish this constitution.




DECLARATION OF RIGHTS

Section 2. POLITICAL POWERS; GOVERNMENT;

ALLEGIANCE.-- (Portion of Section)

All political power is inherent in the people.

...(I, Deleted)...

Section 24. ENUNCIATED RIGHTS NO IMPAIRMENT

OF OTHERS.-- This enunciation of rights shall not

be construed to impair or deny others retained by

the people.


Section 1. EQUALITY: INHERENT RIGHTS.-- All

men are equal before the law, and have certain







DECLARATION OF RIGHTS (1885 as amended)



inalienable rights, among which are those of

enjoying and defending life and liberty, acquiring,

possessing and protecting property, and pursuing

[sic] happiness and obtaining safety.

Section 18. EQUAL RIGHTS FOR ALIENS AND

CITIZENS.-- Foreigners who are eligible to become

citizens of the United States under the provisions

of the laws and treaties of the United States shall

have the same rights as to the ownership, inheritance

and disposition of property in the State as citizens

of the State, but the Legislature shall have power

to limit, regulate and prohibit the ownership, in-

heritance, disposition, possession and enjoyment of

real estate in the State of Florida by foreigners

who are not eligible to become citizens of the

United States under the provisions of the laws and

treaties of the United States.

Section 5. RELIGIOUS FREEDOM; LIBERTY OF

CONSCIENCE, ETC.-- (Portion of section)

...(I, 3). and no person shall be rendered

incompetent as a witness on account of his religious

opinions; .(I, 3)...


ARTICLE I

DECLARATION OF RIGHTS (HJlR 1-2X)

alienable rights,among which are the right to

enjoy and defend life and liberty, to pursue

happiness, to be rewarded for industry, and

to acquire, possess and protect property;

except that the ownership, inheritance,

disposition and possession of real property

by aliens ineligible for citizenship may be

regulated or prohibited by law. No person

shall be deprived of any right because of race

or religion.










ARTICLE I

DECLARATION OF RIGHTS (HJR 1-2X)


Section 3. RELIGIOUS FREEDOM.-- There

shall be no law respecting the establishment

of religion or prohibiting or penalizing the

free exercise thereof. Religious freedom shall

not justify practices inconsistent with public

morals, peace or safety. No revenue of the

state or any political subdivision or agency

thereof shall ever be taken from the public

treasury directly or indirectly in aid of any

church, sect, or religious denomination or in

aid of any sectarian institution.


DECLARATION OF RIGHTS (1885 AS AMENDED)




Section 5. RELIGIOUS FREEDOM; LIBERTY OF

CONSCIENCE, ETC.-- (Portion of Section)

The free exercise and enjoyment of religious pro-

fession and worship shall for-ever be allowed in

this State, .(I, 2). but the liberty of

conscience [sic] hereby secured shall not be so con-

strewed [sic] as to justify licentiousness or

practices subversive of, or inconsistent with, the

peace or moral safety of the State or society.

Section 6. RELIGIOUS PREFERENCES; PUBLIC

AID, ETC.-- No preference shall be given by law to

any church, sect or mode of worship and no money

shall ever be taken from the public treasury direct:

or indirectly in aid of any church, sect or religion

denomination or in aid of any sectarian institution

ART. XII, Section 13. RESTRICTION ON USE OF

COUNTY OR DISTRICT SCHOOL FUNDS.--

(Portion of section)

(XII, deleted). nor shall the same, or









DECLARATION OF RIGHTS (1885 as amended)




any part thereof, be appropriated to or used for

the support of any sectarian school.



Section 13. FREEDOM OF SPEECH AND PRESS;

TRUTH AS DEFENSE TO LIBEL; ETC.-- Every person

may fully speak and write his sentiments on all

subjects being responsible for the abuse of that

right, and no laws shall be passed to restrain

or abridge the liberty of speech, or of the press.

In all criminal prosecutions and civil actions

for libel, the truth may be given in evidence to

the jury, and if it shall appear that the matter

charged as libellous is true, and was published

for good motives, the party shall be acquitted

or exonerated.


Section 15. RIGHT OF ASSEMBLAGE; PETITION.--

The people shall have the right to assemble

together to consult for the common good, to

instruct their representatives, and to petition

the Legislature for redress of grievances.


ARTICLE I
DECLARATION OF RIGHTS (KIR 1-2X)



Section 3. RELIGIOUS FREEDOM.--

CONTINUATION



Section 4. FREEDOM OF SPEECH AND PRESS.--

Every person may speak, write and publish his

sentiments on all subjects but shall be

responsible for the abuse of that right. No

law shall be passed to restrain or abridge

the liberty of speech or of the press. In

all criminal prosecutions and civil actions

for defamation the truth may be given in

evidence. If the matter charged as defamatory

is true and was published with good motives,

the party shall be acquitted or exonerated.




Section 5. RIGHT TO ASSEMBLE.-- The people

shall have the right peaceably to assemble, to

instruct their representatives, and to petition

for redress of grievances.









ARTICLE I
DECLARATION OF RIGHTS (HJR 1-2X)


Section 6. RIGHT TO WORK.-- The right of

persons to work shall not be denied or abridged

on account of membership or non-membership in

any labor union or labor organization. The

right of employees, by and through a labor

organization, to bargain collectively shall not

be denied or abridged. Public employees shall

not have the right to strike.









Section 7. MILITARY POWER.-- The

military power shall be subordinate to the

civil.





Section 8. RIGHT TO BEAR ARMS.-- The

right of the people to keep and bear arms in

defense of themselves and of the lawful

authority of the state shall not be infringed,


DECLARATION OF RIGHTS (1885 as AMENDED)



Section 12. DOUBLE JEOPARDY; SELF-INCRIMI-

NATION; EMINENT DOMAIN; RIGHT TO WORK.--

(Portion of section)

(I,9),(X, 6). .. The right of persons to

work shall not be denied or abridged on account

of membership or nonmembership in any labor union,

or labor organization; provided, that this clause

shall not be construed to deny or abridge the

right of employees by and through a labor organi-

zation or labor union to bargain collectively with

their employer.



Section 21. MILITARY SUBORDINATE TO CIVIL

POWERS.-- The military shall in all cases, and

at all times, be in strict subordination to the

civil power.



Section 20. RIGHT TO BEAR ARMS.-- The

right of the people to bear arms in defence [sic]

of themselves, and the lawful authority of the

State, shall not be infringed, but the Legislature










DECLARATION OF RIGHTS (1885 as AMENDED)




may prescribe the manner in which they may be borne.





Section 12. DOUBLE JEOPARDY; SELF-INCRIMI-

NATION; EMINENT DOMAIN; RIGHT TO WORK.--

(Portion of section)

No person shall be subject to be twice put in

jeopardy for the same offense,nor compelled in any

criminal case to be a witness against himself nor

be deprived of life, liberty, or property without

due process of law; ...(X, 6),(I6)..



Section 17. ATTAINDER; EX POST FACTO LAWS;

OBLIGATION OF CONTRACT.-- No bill of attainder,

ex post facto law, nor any law impairing the

obligation of contracts, shall ever be passed.



Section 16. IMPRISONMENT FOR DEBT.-- No

person shall be imprisoned for debt, except in

cases of fraud.


ARTICLE I

DECLARATION OF RIGHTS (KIR 1-2X)


except that the manner of bearing arms may be

regulated by law.



Section 9. DUE PROCESS.-- No person shall

be deprived of life, liberty or property without

due process of law, or be twice put in jeopardy

for the same offense, or be compelled in any

criminal matter to be a witness against himself.









Section 10. PROHIBITED LAWS.-- No bill

of attainder, ex post facto law or law im-

pairing the obligation of contracts shall be

passed.



Section 11. IMPRISONMENT FOR DEBT.-- No

person shall be imprisoned for debt, except in

cases of fraud.









ARTICLE I

DECLARATION OF RIGHTS (IMIR 1-2X)


Section 12. SEARCHES AND SEIZURES.-- The

right of the people to be secure in their per-

sons, houses, papers and effects against un-

reasonable searches and seizures, and against the

unreasonable interception of private communica-

tions by any means, shall not be violated. No

warrant shall be issued except upon probable

cause, supported by affidavit, particularly des-

cribing the place or places to be searched, the

person or persons, thing or things to be seized,

the communication to be intercepted, and the

nature of evidence to be obtained. Articles or

information obtained in violation of this right

shall not be admissible in evidence.



Section 13. HABEAS CORPUS.-- The writ of

habeas corpus shall be grantable of right, freely

and without cost. It shall be returnable with-

out delay, and shall never be suspended unless,

in case of rebellion or invasion, suspension is

essential to the public safety.


DECLARATION OF RIGHTS (1885 as amended)




Section 22. SEARCHES AND SEIZURES.-- The

right of the people to be secure in their persons,

houses, papers and effects against unreasonable

seizures and searches, shall not be violated and

no warrants issued, but upon probable cause,

supported by oath or affirmation, particularly

describing the place or places to be searched

and the person or persons, and thing or things to

be seized.













Section 7. HABEAS CORPUS AND SUSPENSION

THEREOF.-- The writ of habeas corpus shall be

grantable speedily and of right, freely and without

cost, and shall never be suspended unless, in case

of rebellion or invasion, the public safety may

require its suspension.








DECLARATION OF RIGHTS (1885 as amended)




Section 8. EXCESSIVE BAIL, FINES, ETC.;

CRUEL PUNISHMENT.-- (Portion of section)

Excessive bail shall not be required, .(I, 17)..

Section 9. RIGHT TO BAIL; WHEN DENIED.--

All persons shall be bailable by sufficient sureties,

except for capital offences [sic] where the proof

is evident or the presumption great.





Section 10. PROSECUTION FOR CRIMES; INDICT-

MENTS; INFORMATIONS; GRAND JURIES, ETC.-- No person

shall be tried for a capital crime unless on pre-

sentment or indictment by a grand jury, and no per-

son shall be tried for other felony unless on pre-

sentment or indictment by a grand jury or upon

information under oath filed by the prosecuting

attorney of the court wherein the information is

filed, except as is otherwise provided in this

Constitution, and except in cases of impeachment,

and in cases in the militia when in active service

in time of war, or which the State, with the consent


ARTICLE I

DECLARATION OF RIGHTS (HJR 1-2X)


Section 14. BAIL.-- Until adjudged

guilty, every person charged with a crime or

violation of municipal or county ordinance

shall be entitled to release on reasonable

bail with sufficient surety unless charged

with a capital offense or an offense punish-

able by life imprisonment and the proof of guilt

is evident or the presumption is great.



Section 15. PROSECUTION FOR CRIME -

OFFENSES COMMITTED BY CHILDREN.--

(a) No person shall be tried for capital

crime without presentment or indictment by a

grand jury, or for other felony without such

presentment or indictment or an information

under oath filed by the prosecuting officer of

the court, except persons on active duty in the

militia when tried by courts martial.









DECLARATION OF RIGHTS (1885 as amended)




of Congress, may keep in time of peace. Any person

under such information, presentment or indictment

for any felony not capital may be arraigned and may

enter a plea in term time or in vacation, and the

judgment and sentence of the court on a plea of

guilty may be made and entered either in term time

or in vacation. The Judge of any circuit court is

authorized to dispense with the summoning, em-

panelling, and convening of the grand jury at any

term of court by making, entering, and filing with

the clerk of said court a written order directing

that no grand jury be summoned at such term of court,

which order of the Circuit Judge may be made in

vacation or term time of said court. The Legislature

shall have power by general legislation to regulate

the number of grand jurors to serve upon, or consti-

tute, a grand jury and to fix the number of grand

jurors required to vote for and return an indictment

or presentment.

This amendment, upon ratification as aforesaid,

shall take effect at midnight on December 31st, 1934,


ARTICLE I

DECLARATION OF RIGHTS (HJR 1-2X)


Section 15. PROSECUTION FOR CRIME -

OFFENSES COMMITTED BY CHILDRE~N.--


CONTINUATION









DECLARATION OF RIGHTS (1885 as amended)




without the necessity of Legislation.







ART. V, Section 12. JUVENILE COURTS; ESTABLISH-

MENT; JURISDICTION; JUDGE; OFFICERS; PROCEDURE.--

The legislature shall have power to create and

establish juvenile courts in such county or counties

or districts within the state as it may deem proper,

and to define the jurisdiction and powers of such

courts and the officers thereof, and to vest in such

courts exclusive original jurisdiction of all or any

criminal cases where minors under any age specified

by the legislature from time to time are accused,

including the right to define any or all offenses

committed by any such persons as acts of delinquency

instead of crimes; to provide for the qualification,

election or selection and appointment of judges,

probation officers and such other officers and

employees of such courts as the legislature may

determine, and to fix their compensation and term


ARTICLE I

DECLARATION OF RIGHTS (HJtR 1-2X)


Section 15. PROSECUTION FOR CRIME -

OFFENSES COMMITTED BY CHILDREN.--

(a) CONTINUATION



[:b) When authorized by law, a child as

therein defined may be charged with a violation

of law as an act of delinquency instead of

crime and tried without a jury or other require-

ments applicable to criminal cases. Any child

so charged shall, upon demand made as provided

by law before a trial in a juvenile proceeding,

be tried in an appropriate court as an adult. A

child found delinquent shall be disciplined as

provided by law.








ARTICLE I
DECLARATION OF RIGHTS (KIR 1-2X)


DECLARATION OF RIGHTS (1885 as amended)



of office; all in such manner, for such time, and

according to such methods as the legislature may

prescribe and determine, without being limited

therein by the provisions in this constitution as

to trial by jury in Sections 3 and 11 of the

Declaration of Rights, as to the use of the terms

"prosecuting attorney" and "information" in Section

10 of the Declaration of Rights, as to election or

appointment of officers in section 27 of Article 3,

as to jurisdiction of criminal cases in Sections 6,

7, 9, and 11 of this Article, as to original juris-

diction of the interests of minors in Section 6 of

this Article, and as to style of process and prose-

cuting in the name of the state in Section 20 of

this Article, or other existing conflicting provi-

sions of this constitution. (This section is still

effective in Art. V.)


Section 11. RIGHTS OF ACCUSED; SPEEDY TRIAL,

ETC.-- In all criminal prosecutions, the accused

shall have the right to a speedy and public trial,

by an impartial jury, in the county where the crime


Continuation


Section 16. RIGHTS OF ACCUSED.-- In all

criminal prosecutions the accused shall, upon

demand, be informed of the nature and cause of

the accusation against him, and shall be fur-









DECLARATION OF RIGHTS (1885 as amended)




was committed, and shall be heard by himself, or

counsel, or both, to demand the nature and cause of

the accusation against him, to meet the witnesses

against him face to face, and have compulsory pro-

cess for the attendance of witnesses in his favor,

and shall be furnished wirth a copy of the indictment

against him.



















Section 8. EXCESSIVE BAIL, FINES, ETC.; CRUEL

PUNISHMENT.-- (Portion of section)

...(I, 14). nor excessive fines be imposed,

nor cruel or unusual punishment or indefinite


ARTICLE I

DECLARATION OF RIGHTS (HJR 1-2X)


nished a copy of the charges, and shall have

t~he right to have compulsory process for wit-

nesses, to confront at trial adverse witnesses,

to be heard in person, by counsel or both, and

to have a speedy and public trial by impartial

jury in the county where the crime was committed.

If the county is not known, the indictment or

information may charge venue in two or more

counties conjunctively and proof that the crime

was committed in that area shall be sufficient;

but before pleading the accused may elect in

which of those counties he will be tried.

Venue for prosecution of crimes committed beyond

the boundaries of the state shall be fixed by

law.



Section 17. EXCESSIVE PUNISHMENTS.--

Excessive fines, cruel or unusual punishment,

attainder, forfeiture of estate, indefinite

imprisonment, and unreasonable detention of









ARTICLE I

DECLARATION OF RIGHTS (RJR 1-2X)


DECLARATION OF RIGHTS (1885 as amended)


witnesses are forbidden.


imprisonment be allowed, nor shall witnesses be

unreasonably detained.

Section 23. TREASON.-- (Portion of Section)

...(I, 20). no conviction for treason shall

work corruption of blood, or forfeiture of estate.


Section 18. ADMINISTRATIVE PENALTIES.--

No administrative agency shall impose a sentence

of imprisonment, nor shall it impose any other

penalty except as provided by law.



Section 19. COSTS.-- No person charged

with crime shall be compelled to pay costs before

a judgment of conviction has become final.



Section 20. TREASON.-- Treason against

the state shall consist only in levying war

against it, adhering to its enemies, or giving

them aid and comfort, and no person shall be

convicted of treason except on the testimony


No Comparable Section









Section 14. COSTS, WHEN PAYABLE.-- No person

shall be compelled to pay costs except after con-

viction, on a final trial.



Section 23. TREASON.-- (Po~rtion of Section)

Treason against the State shall consist only in

levying war against it, adhering to its enemies, or

giving them aid and comfort, and no person shall be

convicted of treason, except on the testimony of two












ARTICLE: I

DECLARATION OF RIGHTS (HJR 1-2X)


of two witnesses to the same overt act or on

confession in open court.



Section 21. ACCESS TO COURTS.-- The

courts shall be open to every person for redress

of any injury, and justice shall be administered

without sale, denial or delay.









Section 22. TRIAL BY JURY.-- The right

of trial by jury shall be secure to all and

remain inviolate. The qualifications and the

number of jurors, not fewer than six, shall

be fixed by law.


DECLARATION OF RIGHTS (1885 as amended)




witnesses to the same overt act, or confession in

Open court, and .(I, 17)...



Section 4. COURTS OPEN TO EVERYONE; REMEDY

FOR WRONGS.-- All courts in this state shall be

open, so that every person for any injury done him

in his lands, goods, person or reputation shall

have remedy, by due course of law, and right and

justice shall be administered [sic] without sale,

denial or delay.



Section 3. TRIAL BY JURY INVIOLATE.-- The

right of trial by jury shall bee [sic] secured to

all, and remain inviolate forever.

Art. V, Section 22. JURIES.-- The number of

jurors for trial of causes in any court may be

fixed by law but shall not be less than six in any

case.









ARTICLE I

DECLARATION OF RIGHTS (HIR 1-2X)


DECLARATION OF RIGHTS (1885 as amended)


No comparable section











No comparable section


Section 19. SLAVERY PROHIBITED: PENAL

SERVITUDE.-- Neither slavery nor involuntary servi-

tude, except as a punishment for crime, whereof the

party has been duly convicted, shall ever be allowed

in this State.



Section 2. POLITICAL POWERS; GOVERNMENT:

ALLEGIANCE.-- (Portion of Section)

...(I, 1) .. Government is instituted for the

protection, security [sic] and benefit of the citi-

zens and they have the right to alter or amend the

same whenever the public good may require it; but

the paramount allegiance of every citizen is due to

the Federal Government, and the people of this State

have no power to dissolve its connection therewith.








CONSTITUTION OF 1885, as amended
ARTICLE I

BOUNDARIES




The state boundaries are: Begin at the

mouth of the Perdido River, which for the purposes

of this description is defined as the point where

latitude 30016 53" north and longitude 87o3110611

west intersect; thence to the point where lati-

tude 30017 02~ north and longitude 87o31 061 west

intersect; thence to the point where latitude

30018 001 north and longitude 87027 08` west

intersect; thence to the point where the center

line of the Intracoastal Canal (as the same

existed on June 12, 1953) and longitude 87027 00"

west intersect; the same being in the middle of

the Perdido River; thence up the middle of the

Perdido River to the point where it intersects

the south boundary of the State of Alabama, being

also the point of intersection of the middle of

the Perdido River with latitude 310001001 north;

thence east, along the south boundary line of the

State of Alabama, the same being latitude 31000 00


ARTICLE II

GENERAL PROVISIONS (HJR 1-2X)


Section 1. STATE BOUNDARIES.--

(a) The state boundaries are: Begin at

the mouth of the Perdido River, which for the

purposes of this description is defined as the

point where latitude 30016'53" north and long-

itude 87031'06" west intersect; thence to the

point where latitude 30017 02" north and long-

itude 87031 061 west intersect; thence to the

point where latitude 30018 00" north and longi-

tude 87027 0811 west intersect; thence to the

point where the center line of the Intracoastal

Canal (as the same existed on June 12, 1953) and

longitude 87o27 0011 west intersect; the same

being in the middle of the Perdido River; thence

up the middle of the Perdido River to the point

where it intersects the south boundary of the

State of Alabama, being also the point of inter-

section of the middle of the Perdido River with

latitude 310001OO" north; thence east, along the

south boundary line of the State of Alabama, the








CONSTITUTION OF 1885, as amended
ARTICLE I
BOUNDARIES


north to the middle of the Chattahoochee River;

thence down the middle of said river to its

confluence with the Flint River; thence in a

straight line to the head of the St. Mary's

River; thence down the middle of said river to the

Atlantic Ocean, and extending therein to a point

three geographic miles from the Florida coast line,

meaning the line of ordinary low water along that

portion of the coast which is in direct contact

with the open sea and the line marking the seaward

limit of inland waters; thence southeastwardly

following a line three geographic miles distant

from the Atlantic coast line of the state and

three leagues distant from the Gulf of Mexico

coast line of the state to and around the Tortugas

Islands; thence northeastwardly, three leagues

distant from the coast line, to a point three

leagues distant from the coast line of the main-

land; thence north and northwestwardly, three

leagues distant from the coast line, to a point

west of the mouth of the Perdido River, three


ARTICLE II
GENERAL PROVISIONS (HJR 1-2X)


same being latitude 31 00 100" north to the

middle of the Chattaboochee River; thence down

the middle of said river to its confluence with

the Flint River; thence in a straight line to

the head of the St. Marys River; thence down

the middle of said river to the Atlantic Ocean;

thence due east to the edge of the Gulf Stream

or a distance of three geographic miles which-

ever is the greater distance; thence in a

southerly direction along the edge of the Gulf

Stream or along a line three geographic miles

from the Atlantic coastline and three leagues

distant from the Gulf of Mexico coastline,

whichever is greater, to and through the Straits

of Florida and westerly, including the Florida

reefs, to a point due south of and three leagues

from the southernmost point of the Marquesas

Keys; thence westerly along a straight line to a

point due south of and three leagues from

Loggerhead Key, the westernmost of the Dry

Tortugas Islands; thence westerly, northerly and









CONSTITUTION of 1885, as amended
ARTICLE I
BOUNDARIES


leagues from the coast line, as measured on a line

bearing 0 01 00' west from the point of beginning;

thence along said line to the point of beginning.






























The legislature may extend the coastal

boundaries to such limits as the laws of the

United States or international law may permit.


ARTICLE II
GENERAL PROVISIONS (HJR 1-2X)


easterly along the are of a curve three leagues

distant from Loggerhead Key to a point due north

of Loggerhead Key; thence northeast along a

straight line to a point three leagues from the

coastline of Florida; thence northerly and

westerly three leagues distant from the coastline

to a point west of the mouth of the Perdido

River three leagues from the coastline as

measured on a line bearing south 0001 001 west

from the point of beginning; thence northerly

along said line to the point of beginning. The

State of Florida shall also include any addi-

tional territory within the United States

adjacent to the Peninsula of Florida lying south

of the St. Marys River, east of the Perdido

River, and south of the States of Alabama and

Georgia.


(lb) The coastal boundaries may be extended

by statute to the limits permitted by the laws of

the United States or international law.










ARTICLE II
GENERAL PROVISIONS


(HJR 1-2X)


CONSTITUTION of 1885, as amended


Section 2. SEAT OF GOVERNMENT.-- The

seat of government shall be the City of

Tallahassee, in Leon County, where the offices

of the governor, lieutenant governor, cabinet

members and the supreme court shall be maintained

and the sessions of the legislature shall be held;

provided that, in time of invasion or grave

emergency, the governor by proclamation may for

the period of the emergency transfer the seat of

government to another place.


ART. XVI, Section 1. LOCATION OF SEAT OF

GOVERNMENT.-- The Seat of Government shall be at

the City of Tallahassee, in the County of Leon.

ART. XVI, Section 10. LOCATION OF STATE OFFICES;

TEMPORARY REMOVAL.-- Th~e Governor, Supreme Court

and all the administrative officers of the

Executive Department shall keep their offices at

the Seat of Government. But in case of invasion

or violent epidemics the Governor may direct that

the offices of the Government be removed

temporarily to some other place. The sessions of

the Legislature may be adjourned for the same

cause to some other place, but in case of such

removal all the Departments of the Government shall

be removed to one place. But such removal shall

not continue longer than the necessity for the

same shall continue.

ART. III, Section 1. LEGISLATIVE POWERS; SENATE;

HOUSE OF REPRESENTATIVES.-- (Portion of Section)

.. (II,1) .. the sessions thereof shall be










ARTICLE II
GENERAL PROVISIONS


CONSTITUTTION OF 1885, as amended


(HJR 1-2X)


Section 2. SEAT OF GOVERNMENT.--


held at the seat of government of the State.


Continuation


ARTICLE II
DIVISION OF POWERS

The powers of the government of the State shall be

divided into three departments: Legislative,

Executive, and Judicial. No person properly

belonging to one of these departments shall

exercise any powers appertaining to either of

the other departments, except in cases expressly

provided by this constitution.


ARTICLE XVI
Section 12. SEAL OF STATE OF FLORIDA;

STATE FLAG.-- The present seal of the state shall

remain the seal of the state of Florida. The

state flag shall conform with standard commercial

sizes and be of the following proportions and

description: The seal of the state, of diameter

one half the hoist, in the center of a white

ground. Red bars in width one fifth the hoist


Section 3. BRANCHES OF GOVERNMENT.-- The

powers of the state government shall be divided

into legislative, executive and judicial branches.

No person belonging to one branch shall exercise

any powers appertaining to either of the other

branches unless expressly provided herein.







Section 4. STATE SEAL AND FLAG.-- The

design of the great seal and flag of the state

shall be prescribed by law.









CONSTITUTION OF 1885, as amended



extending from each corner toward the center, to

the outer rim of the seal.


ARTICLE III
Section 7. INELIGIBILITY OF STATE AND

FEDERAL OFFICERS.-- No person holding a lucrative

office or appointment under the United States or

this State, shall be eligible to a seat in the

Legislature of this State.


ART. XVI, Section 15. NO PERSON TO HOLD TWO OFFICE

AT SAME TIME.-- No person holding or exercising

the functions of any office under any foreign

Government, under the Government of the United

States, or under any other State, shall hold any

office of honor or profit under the government of

this State; and no person shall hold, or perform

the functions of, more than one office under the

government of this State at the same time; Provided,

Notaries Public, militia officers, county school

officers and Commissioners of Deeds may be elected

or appointed to fill any legislative, executive or

judicial office.


ARTICLE II
GENERAL PROVISIONS (HJR 1-2X)


Section 4. STATE SEAL AND FLAG.--

Continuation



Section 5. PUBLIC OFFICERS.--

(a) No person holding any office of

emolument under any foreign government, or

civil office of emolument under the United

States or any other state, shall hold any office

of honor or of emolument under the government of

this state. No person shall hold at the same

time more than one office under the government

of the state and the counties and municipalities

therein, except that a notary public or military

officer may hold another office, and any officer

may be a member of a constitution revision

commission, constitutional convention,: or

statutory body having only advisory powers.









ARTICLE II
GENERAL PROVISIONS (HJR 1-2X)


(b) Each state and county officer, before

entering upon the duties of the office, shall

give bond as required by law, and shall swear

or affirm:

"I do solemnly swear (or affirm) that I will

support, protect, and defend the Constitu-

tion and Government of the United States and

of the State of Florida; that I am duly

qualified to hold office under the Constitu-

tion of the state; and that I will well and

faithfully perform the duties of (title of

office) on which I am now about to enter.

So help me God.",

and thereafter shall devote personal attention to

the duties of the office, and continue in office

until his successor qualifies.


CONSTITUTION OF 1885, as amended


ART. XVI, Section 2. OATH OF OFFICE OF STATE

OFFICIALS.-- Each and every officer of this State,

including the members of the Legislature, shall

before entering upon the discharge of his official

duties take the following oath of office: I do

solemnly swear (or affirm) that I will support,

protect, and defend the Constitution and Govern-

ment of the United States and of the State of

Florida; that I am duly qualified to hold office

under the Constitution of the State, and that I

will well and faithfully perform the duties of

on which I am now about to enter.

So help me God.



ART. VIII, Section 7. BOND OF COUNTY OFFICERS;

ASSISTANT ASSESSOR OF TAXES.--

(Portion of Section)

...(VIII, deleted) .. All county officers,

except Assistant Assessors of Taxes, shall, before

entering upon the duties of their respective

offices, be commissioned by the Governor; but no










ARTICLE II
GENERAL PROVISIONS (HJR 1-2X)



(:b) Continuation


CONSTITUTION OF 1885, as amended



such commission shall issue to any such officer,

until he shall have filed with the Secretary of

State a good and sufficient bond, in such sum

and upon such conditions, as the Legislature

shall by law prescribe, approved by the County

Commissioners of the county in which such officer

resides, and by the Comptroller. No county officer

shall become security upon the official bond of any

other county officer. .(X,3) .(See also

IV, la).


ART. XVI, Section 13. SURETIES UPON OFFICIAL

BONDS.-- The sureties upon the official bonds of

all State, county, and municipal officers shall

be residents of, and have sufficient visible

property unencumbered within the State, not

exempt from sale under legal process, to make

good their bonds: and the sureties upon the

official bonds of all county and municipal

officers shall reside within the county where









ARTICLE II
GENERAL PROVISIONS (HJR 1-2X)


CONSTITUTION OF 1885, as amended


(lb) Continuation


their principals upon such bonds reside, and shall

have sufficient visible and unencumbered property

in such county, that is not exempt from sale

under legal process, to make good their liability

on such bonds: Provided, "That any duly organized

and responsible Guarantee or Surety Company,

either foreign or domestic, lawfully doing business

in this State, may become and be accepted as

surety on all such official bonds."


ART. XVI, Section 17. PERSONAL ATTENTION TO

DUTIES OF OFFICE REQUIRED.-- No person shall hold

any office of trust or profit under the laws of

this State without devoting his personal attention

to the duties of the same.


ART. XVI, Section 14. OFFICERS TO HOLD UNTIL

SUCCESSORS QUALIFIED.-- All State, County and

Municipal officers shall continue in office

after the expiration of their official terms

until their successors are duly qualified.









ARTICLE II

GENERAL PROVISIONS (HJR 1-2X)


(c) The powers, duties, compensation and

method of payment of state and county officers

shall be fixed by law.


CONSTITUTION OF 1885, as amended


ART. III, Section 4. LEGISLATORS, QUALIFICATIONS,

SALARIES, ETC.-- (Portion of Section)

...(III, 15c) .. The compensation of legis-

lators shall be twelve hundred ($1200.00) dollars

each year and shall be paid in monthly install-

ments of one hundred ($100.00) dollars each.

During the time the legislature is in session

each legislator shall receive per diem and travel

expenses as provided by law, but such may not

exceed the allowances for such expenses provided

for other state officials under general law.


ART. III, Section 27. ELECTION, DUTIES AND

COMPENSATION OF STATE AND COUNTY OFFICERS.--

(Portion of Section)

...(III, 15d & IV, If) ... and fix by law

their duties and compensation.


ART. IV, Section 16. APPOINTMENT OF OFFICERS OF

MILITIA.-- (Portion of Section) .. (X,2c)..

The duties and compensation of all officers so








ARTICLE II

GENERAL PROVISIONS (HJR 1-2X) CONSTITUTION OF 1885, as amended


(c) Continuation appointed shall be as fixed by law. .(III, 13)



ART. IV, Section 29. SALARIES OF CABINET OFFICERS.

The salary of the Governor of the State shall be

thirty-five hundred dollars a year, of the Comp-

troller two thousand dollars a year, of the State

Treasurer two thousand dollars, of the Secretary

of State fifteen hundred dollars, of the Attorney

General fifteen hundred dollars, of the Commis-

sioner of Agriculture fifteen hundred dollars,

of the Superintendent of Public Instruction fifteen

hundred dollars, a year; Provided, That no admini-

strative officer of the Executive Department shall

receive any additional compensation beyond his

salary for any service or services rendered the

State in connection with the Internal Improvement

fund or other interests belonging to the State of

Florida; Provided, further, That the Legislature

may after eight years from the adoption of this

Constitution increase or decrease any or all of

said salaries.










ARTICLE II

GENERAL PROVISIONS (HJR 1-2X) CONSTITUTION OF 1885, as amended



(c) Continuation ART. XVI, Section 3. SALARIES OF OFFICERS PAYABLE

UPON REQUISITION.-- The salary of every officer

shall be payable monthly upon his own requisition.



ART. XII, Section 15. COUNTY SCHOOL OFFICER PAID

FROM COUNTY SCHOOL FUND.-- The compensation of all

county school officers shall be paid from the

school fund of their respective counties, and' all

other county officers receiving stated salaries

shall be paid from the general funds of their

respective counties.



ART. VIII, Section 6. ELECTION OF COUNTY OFFICERS;

TERMS.-- (Portion of Section) .. (VIII, Id)

Their powers, duties and compensation shall be

prescribed by law. .. (VIII, lb)...


ART. XVI, Section 18. SALARY DEDUCTIONS FOR NEG-

LECT OF DUTY.-- The Legislature shall provide

for deductions from the salaries of public officers










ARTICLE II

GENERAL PROVISIONS (HJR 1-2X)


CONSTITUTION OF 1885, as amended


who 'neglect the performance of any duty assigned

them by law.


Section 6. ENEMY ATTACK.-- In periods of

emergency resulting from enemy attack the legis-

lature shall have power to provide for prompt

and temporary succession to the powers and duties

of all public offices the incumbents of which may

become unavailable to execute the functions of

their offices, and to adopt such other measures

as may be necessary and appropriate to insure

the continuity of governmental operations during

the emergency. In exercising these powers, the

legislature may depart from other requirements

of this constitution, but only to the extent

necessary to meet the emergency.


ART. XVI, Section 1A. CONTINUITY OF GOVERNMENT.-

The legislature, in order to insure continuity of

state and local governmental operations in periods

of emergency resulting from disasters caused by

enemy attack, shall have the power and the immedi-

ate duty (1) to provide for prompt and temporary

succession to the powers and duties of public

offices, of whatever nature and whether filled by

election or appointment, the incumbents of which

may become unavailable for carrying on the powers

and duties of such offices, and (2) to adopt such

other measures as may be necessary and proper for

insuring the continuity of governmental operations.

In the exercise of the powers hereby conferred the

legislature shall in all respects cohform to the

requirements of this Constitution except to the

extent that in the judgment of the legislature so










ARTICLE II

GENERAL PROVISIONS (HJR 1-2X)



Section 6. ENEMY ATTACK.-- (Continued)





Section 7. NATURAL RESOURCES AND SCENIC

BEAUTY.-- It shall be the policy of the state to

conserve and protect its natural resources and

scenic beauty. Adequate provision shall be made

by law for the abatement of air and water pollu-

tion and of excessive and unnecessary noise.


CONSTITUTION OF 1885, as amended



to do would be impracticable or would admit of

undue delay.



NO COMPARABLE SECTION







ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


Section 1. LEGISLATIVE POWERS; SENATE;

HOUSE OF REPRESENTATIVES. -- (Portion of Section)

The Legislative authority of this State shall

be vested in a Senate and a House of Represen-

tatives, whidh shall be designated The Legis-

lature of the State of Florida and ...

(II, 2) .


Section 6. ORGANIZATIONS; OFFICERSt RULES;

EXPULSION OF MEMBERS; ETC. -- (Portion of Section)

Each house shall judge of the qualifications,

elections and returns of its own members, choose

its'own officers, ...(III,4a) ... The Senate

shall, at the convening of eadh regular session

thereof, choose from among its own members a

permanent President of the Senate, who shall be

its presiding officer. The House of Representa-

tives shall, at the conviening(sic) of each regu-

lar session thereof, choose from among its own

members a permanent Speaker of the House of Rep-

resentatives, who shall be its presiding officer

... (III, 4d) ...


ARTICLE III

LEGISLATURE (IRJR 1-2X)


Section 1. COMPOSITION. -- The legislative

power of the state shall be vested in a legis-

lature of the State of Florida, consisting of a

senate composed of one senator elected from each

senatorial district and a house of representatives

composed of one member elected from each

representative district.


Section 2. MEMBERS OFFICERS. -

Eadh house shall be the sole judge of the

qualifications, elections, and returns of

its members, and shall biennially choose its

officers, including a permanent presiding

officer selected from its membership, who

shall be designated in the senate as Presi-

dent of the Senate, and in the house as

Speaker of the House of Representatives.

The senate shall designate a Secretary

to serve at its pleasure, and the house of

representatives shall designate a Clerk to serve

at its pleasure. The legislature shall appoint








ARTICLE III

LEGISLATURE (1LTR 1-2X)


an auditor to serve at its pleasure who shall

audit public records and perform related duties

as prescribed by law or concurrent resolution.


Section 3. SESSIONS OF THE LEGISLATURE.--

(a) ORGANIZATION SESSIONS. On the four-

teenth day following each general election the

legislature shall convene for the exclusive pur-

pose or organization and selection of officers.




(b) REGULAR SESSIONS. A regular session

of the legislature shall convene on the first

Tuesday after the first Monday in April of each

odd-numbered year, and on the first Tuesday after

the first Monday in April, or such other date as

may be fixed by law, of each even-numbered year.




(c) SPECIAL SESSIONS.

(1) The governor, by proclamation

stating the purpose, may convene the legisla-

ture in special session during which only such


ARTICLE III (1885 as amended)

LEGISLATIVE DEPARTMENT


Section 6. ORGANIZATION: OFFICERS; RULES:

EXPULSION OF MEMBERS; ETC.--

CONTINUATION


Section 2A. SPECIAL SESSION FOR ORGANIZA-

TIONAL PURPOSES.-- The legislature shall meet

on the first Tuesday in November after the general

election for the purpose of organization, swearing

in new members and selecting officers. No other

business shall be transacted.


Section 2. REGULAR AND EXTRA SESSIONS.--

(Portion of Section)

The regular sessions of the legislature shall be

held biennially, commencing on the first Tuesday

after the first Monday in April, 1887, and on the

corresponding day of every second year thereafter,

...(II, 3c (1) & (2) and 3d)...


Section 2. REGULAR AND EXTRA SESSIONS.--

(Portion of Section)

...(III, 3b). but the governor may convene

the same in extra session by his proclamation








ARTICLE III

LEGISLATURE (KI]R 1-2X)


legislative business may be transacted as is

within the purview of the proclamation, or of

a communication from the governor, or is intro-

duced by consent of two-thirds of the membership

of each house.

























(2) A special session of the legisla-

ture may be convened as provided by law.


ARTICLE III (1885 as amended)

LEGISLATIVE DEPARTMENT


(III, 3d). During such extended session, no

additional proposed legislation shall be introduced

unless consent is first obtained by a two-thirds

vote of the members of the House into which it is

sought to be introduced. (See also III, 3d).

ART. IV, Section 8. CONVENING LEGISLATURE IN

EXTRA SESSION.-- The Governor may, on extra-

ordinary occasions, convene the Legislature by pro-

clamation, and shall in his proclamation state the

purpose for which it is to be convened, and the

Legislature when organized shall transact no legis-

lative business other than that for which it is

especially convened, or such other legislative

business as the Governor may call to its attention

while in session, except by a two-thirds vote of

each House.


Section 2. REGULAR AND EXTRA SESSIONS.--

(Portion of Section) .(III, 3b,








ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


ARTICLE III

LEGISLATURE (IRJR 1-2X)


(2) CONTINUATION


3c (1), 3d) ... Provided, that the legislature

may also be convened in extra session in the

following manner: when twenty per cent of the

members of the legislature shall execute in

writing and file with the secretary of state,

their certificates that conditions warrant the

convening of the legislature into extra session,

the secretary of state shall, within seven days

after receiving the requisite number of such.

certificates, poll the members of the legislature,

and upon the affirmative vote of three-fifths

of the members of both houses, shall forthwith

fix the day and hour for convening of such extra

session. Notice thereof shall be given each

member by registered mail within seven days

after receiving the requisite number of said

certificates. The time for convening of said

session shall not be less than fourteen days nor

more, than twenty-one days from the date of

mailing said notices. In pursuance of said

certificates, affirmative vote of the membership








A~RTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


and notice, the legislature shall convene in

extra session for all purposes as if convened in

regular session; .. (III, 3d) .. Should the

secretary of state fail to receive the requisite

number of said certificates requesting the con-

vening of an extra session of the legislature

within a period of sixty days after receipt of

the first of said certificates, all certificates

previously filed shall be rendered null and void

and no extra session shall be called and said

certificates shall not be used at any future

time for the convening of the legislature.


Section 2. REGULAR AND EXTRA SESSIONS. -

(Portion of Section) ...(III,3b & 3c(1) (2))

...Regular sessions of the legislature may

extend to sixty days, but no special session

convened by the governor shall exceed twenty days.

The regular sixty day biennial session of the

legislature may, by a three-fifths vote of the

membership of both houses, be extended not


ARTICLE III

LEGISLATURE (IRJR 1-2X)


(2) CONTINUATION
























(d) LENGTH OF SESSIONS. A regular session

of the legislature shall not exceed sixty conse-

cutive days, and a special session shall not

exceed twenty consecutive days, unless extended

beyond such limit by a three-fifths vote of each

house. During such an extension no new business

may be taken up in either house without the
consent of two-thirds of its membership.









ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


exceeding a total of thirty days which need not

be consecutive. Recesses in such extended session

shall be taken only by joint action of both

houses. No extended session may last beyond

September 1st following the regular biennial

session. During such extended session, no

additional proposed legislation shall be

introduced unless consent is first obtained by

a two-thirds vote of the members of the House

into which it is sought to be introduced ...

(III, 3c(2)) (See also III, 3c) .. provided,

however, that any such extra session shall be

limited to a period of thirty days .. (III,

3c(2))...

Section 13. OPEN DOORS; ADJOURNMENT OF

ONE HOUSE. -- (Portion of Section) ...(III, 4b)

...and neither shall, without the consent of

the other, adjourn for more than three days or to

any other town than that in which they may be

holding their session.


ARTICLE III

LEGISLATURE (11LR 1-2X)


(d) CONTINUATION



















(e) ADJOURNMENT. Neither house shall

adjourn for more than seventy-two consecutive

hours except pursuant to concurrent resolution.








ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


ART. IV, Section 10. WHEN GOVERNOR MAY ADJOURN

LEGISLATURE. -- In case of a disagreement between

the two Houses with respect to the time of ad-

journment, the Governor shall have power to

adjourn the Legislature to such time as he may

think proper, provided it be not beyond the time

fixed for the meeting of the next Legislature.












Section 11. QUORUM; ADJOURNMENTS;

COMPULSORY ATTENDANCE OF MEMBERS. -- A majority

of each House shall constitute a quorum to do

business,but a smaller number may adjourn from

day to day, and compel the presence of absent

members in such manner and under such penalties

as it may prescribe.


ARTICLE III

LEGISLATURE (IRJR 1-2X)


(f) ADJOURNMENT BY GOVERNOR. If, during

any regular or special session, the two houses

cannot agree upon a time for adjournment, the

governor may adjourn the session sine die or to

any date within the period authorized for such

session; provided that, at least twenty-four

hours before adjourning the session, he shall,

while neither house is in recess, give each

house formal written notice of his intention

to do so, and agreement reached within that

period by both houses on a time for adjournment

shall prevail.


Section 4. QUORUM AND PROCEDURE. -

(a) A majority of the membership of each

house shall constitute a quorum, but a smaller

number may adjourn from day to day and compel

the presence of absent members in such manner

and under such penalties as it may prescribe.

Each house shall determine its rules of

procedure.








ARTICLE III

LEGISLATURE (HJR 1-2X)


(a) CONTINUATION







(lb) Sessions of each house shall be public;

except sessions of the senate when considering

appointment to or removal from public office may

be closed.



(c) Each house shall keep and publish a

journal of its proceedings; and upon the request

of five members present, the vote of each

member voting on any question shall be entered

on the journal.



(d) Each house may punish a member for

contempt or disorderly conduct and, by a two-

thirds vote of its membership, may expel a

member.


ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


Section 6. ORGANIZATION; OFFICERS; RULES;

EXPULSION OF MEMBERS; ETC. -- (Portion of Section)

...(III,2) .. and determine the rules of

its proceedings .. (III, 2 & 4d)...

Section 13. OPEN DOORS: ADJOURNMENT OF ONE

HOUSE. -- (Portion of Section) The doors of

each House shall be kept open during its session

except the Senate while sitting in Executive

session; .. (III, 3e)...

Section 12. JOURNALS OF PROCEEDINGS. -

Each House shall keep a Journal of its own

proceedings, which shall be published, and the

yeas and nays of the members of either House on

any question shall, at the desire of any five

members present, be entered on the Journal.

Section 6. ORGANIZATION; OFFICERS; RULES;

EXPULSION OF MEMBERS; ETC. -- (Portion of Section)

...(III, 2 & 4a) .. Each house may punish

its own members for disorderly conduct; and each

house with the concurrence of two-thirds of all

its members present, may expel a member.








ARTICLE III (1885, as amended)

LEGISLATURE (HJR 1-2X) LEGISLATIVE DEPARTMENT


Section 10. COMPULSORY ATTENDANCE OF

WITNESSES.-- Either House shall have power to

compel the attendance of witness upon any

investigations held by itself, or by any of its

committees;the manner of the exercise of such

power shall be provided by Law.


Section 9. CONTEMPT OF LEGISLATURE. -

Either House during the session may punish by

fine or imprisonment any person not a member

who shall have been guilty of disorderly or

contemptuous conduct in its presence, or of a

refusal to obey its lawful summons but such

imprisonment shall not extend beyond the final

adjournment of the session.

ART. IV, Section 27. REPORTS OF CABINET

OFFICERS. -- (Portion of Section) ...(IV, la)

...Either House of the Legislature may at

any time call upon any officer of this

Department for information required by it.

(See also IV, la).


Section 5. INVESTIGATIONS WITNESSES. -

Each house, when in session, may compel

attendance of witnesses and production of

documents and other evidence upon any matter

under investigation before it or any of its

committees, and may punish by fine not ex-

ceeding one thousand dollars or imprisonment

not exceeding ninety days, or both, any per-

son not a member who has been guilty of dis-

orderly or contemptuous conduct in its

presence or has refused to obey its lawful

summons or to answer lawful questions. Such

powers, except the power to punish, may be

conferred by law upon committees when the

legislature is not in session. Punishment of

contempt of an interim legislative committee

shall be by judicial proceedings as prescribed

by law.








ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


Section 16. ACTS; ONE SUBJECT; EXPRESSED

IN TITLE; AMENDMENTS. -- Each law enacted in the

Legislature shall embrace but one subject and

matter properly connected therewith, which

subject shall be briefly expressed in the title,

and no law shall be anended or revised (177

reference) to its title only; but in such case

the act as revised or section, or subsection of

a section, or paragraph of a subsection of a -

section, as amended, shall be reenacted and

published at length.


Section 15. ENACTING CLAUSE, FORM.--

The enacting clause of every law shall be as

follows: Be it enacted by the Legislature of

the State of Florida.


Section 14. ORIGIN OF BILLS; AMENDMENTS. -

Any bill may originate in either House of the

Legislature, and after being passed in one House

may be amended in the other.


ARTICLE III

LEGISLATURE (HJR 1-2X)


Section 6. LAWS. -- Every law shall embrace

but one subject and matter properly connected

therewith, and the subject shall be briefly

expressed in the title. No law shall be revised

or amended by reference to its title only. Laws

to revise or amend shall set out in full the

revised or amended act, section, subsection or

paragraph of a subsection. The enacting clause

of every law shall read: "Be It Enacted by the

Legislature of the State of Florida:".


Section 7. PASSAGE OF BILLS. -- Any bill

may originate in either house and after passage

in one may be amended in the other. It shall be

read in each house on three separate days, unless

this rule is waived by two-thirds vote. On each








ARTICLE III

LEGISLATURE (HJR 1-2X)


reading, it shall be read by title only, unless

one-third of the members present desire it read

in full. On final passage, the vote of each

member voting shall be entered on the journal.

Passage of a bill shall require a majority vote

in each house. Each bill and joint resolution

passed in both houses shall be signed by the

presiding officers of the respective houses and

by the secretary of the senate and the clerk of

the house of representatives during the session

or as soon as practicable after its adjournment

sine die.


ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


Section 17. ENACTMENT OF LEGISLATURE;

READING; VOTE; SIGNATURES. -- Every bill shall

be read by its title, on its first reading, in

either house, unless one-third of the members

present desire it read by sections. Every bill

shall be read on three several days, unless two-

thirds of the members present when such bill

may be pending shall deem it expedient to dis-

pense with this rule. Every bill shall be read

by its sections on its second reading and on its

final passage, unless on its second reading two-

thirds of the members present in the House where

such bill may be pending, shall deem it expedient

to dispense with this rule. The vote on the

final passage of every bill or joint resolution

shall be taken by yeas and nays to be entered on

the journal of each house; Provided; -- That any

general revision of the entire laws embodied in

any bill shall not be required to be read by

sections upon its final passage, and its reading

may be wholly dispensed with by a two-thirds vote.









ARTICLE III

LEGISLATURE (IRJR 1-2X)


ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


Section 7. PASSAGE OF BILLS.--

CONTINUATION












Section 8. EXECUTIVE APPROVAL AND VETO.--

(a) Every bill passed by the legislature

shall be presented to the governor for his

approval and shall become a law if he approves

and signs it, or fails to veto it within seven

consecutive days after presentation. If during

that period or on the seventh day the legislature

adjourns sine die or takes a recess of more than

thirty days, he shall have fifteen consecutive

days from the date of presentation to act on the

bill. In all cases except general appropriation

bills, the veto shall extend to the entire bill.

The governor may veto any specific appropriation


A majority of the members present in each house

shall be necessary to pass every bill or joint

resolution. All bills or joint resolutions so

passed shall be signed by the presiding officer

of the respective houses and by the Secretary

of the Senate and the Clerk of the House of

Representatives.


Section 28. EXECUTIVE APPROVAL OF ACTS;

VETO; OVERRIDING VETO.-- (Portion of Section)

Every bill that may have passed the Legislature

shall, before becoming a law, be presented to

the Governor; if he approves it he shall sign

it, ...(III, 8b) ... If any bill shall

not be returned within five days after it shall

have been presented to the Governor, (Sunday

excepted) the same shall be a law, in like

manner as if he had signed it. If the Legis-

lature, by its final adjournment prevent such

action, such bill shall be a law, unless the

Governor within twenty (20) days after the








ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


adjournment, .. (III, 8b & 8c)...

ARTICLE IV, Section 18. VETO OF APPROPRIATIONS.--

(Portion of Section) The Governor shall have

power to disapprove of any item or items of any

bills making appropriations of money embracing

distinct items, and the part or parts of the

bill approved shall be the law, and the item

or items of appropriation disapproved shall be

void ...(III, 8b)...


Section 28. EXECUTIVE APPROVAL OF ACTS;

VETO; OVERRIDING VETO. -- (Portion of Section)

...(III, 8a) .. but if not he shall

return it with his objections to the House in

which it originated, which House shall cause

such objections to be entered upon its Journal,

and proceed to reconsider it; .. (III, 8c)

(III, 8a) .. unless the Governor within

twenty (20) days after the adjournment, shall

file such bill, with his objections thereto,

in the office of the Secretary of State, who


ARTICLE III

LEGISLATURE (HJR 1-2X)


in a general appropriation bill, but may not

veto any qualification or restriction without

also vetoing the appropriation to which it

relates.












(]b) W~hen a bill or any specific appropria-

tion of a general appropriation bill has been

vetoed by the governor, he shall transmit his

signed objections thereto to the house in

which the bill originated if in session. If

that house is not in session, he shall file

them with the secretary of state, who shall

lay them before that house at its next regular

or special session, and they shall be entered

on its journal.









ARTICLE III

LEGISLATURE (HJR 1-2X)


(lb) CONTINUATION













(c) If eadh house shall, by a two-thirds

vote, re-enact the bill or reinstate the vetoed

specific appropriation of a general appropria-

tion bill, the Vote of eadh member voting shall

be entered on the respective journals, and the

bill shall become law or the specific appropria-

tion reinstated, the 'veto notwithstanding.








Section 9. EFFECTIVE DATE OF LAWS.-- Eadh

law shall take effect on the sixtieth day after


ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


shall lay the same before the Legislature at

its next session, .. (III, Sc)...

ART.IV, Section 18. VETO OF APPROPRIATIONS.--

(Portion of Section) ...(III, Sa)...

unless repassed according to the rules and

limitations prescribed for the passage of

other bills over the Executive veto.

Section 28. EXECUTIVE APPROVAL OF

ACTS VETO; OVERRIDING VETO. --

(Portion of Section) .. (III, 8a & 8b)...

if, after such reconsideration, it shall pass

both Houses by a two-thirds vote of members

present, which vote shall be entered on the

Journal of eadh House, it shall become a law.

...(III, 8a &( 8b) .. and if the same

shall receive two-thirds of the votes present

it shall become a law.


Section 18. EFFECTIVE DATE OF ACTS.--

No law shall take effect until sixty days from





44

ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


the final adjournment of the session of the

Legislature at which it may have been enacted,

unless otherwise specially provided in such

law.












Section 21. GENERAL LAWS ON CERTAIN SUB-

JECTS: GENERAL AND UNIFORM OPERATION; NOTICE

OF INTENTION TO APPLY FOR LOCAL LEGISLATION.--

In all cases enumerated in the preceding

Section't all laws shall be general and of uni-

form operation throughout the State, but in

all cases not enumerated or excepted in that

Section, the Legislature may pass special or

local laws, except as now or hereafter other-

wise provided in the Constitution; PROVIDED

that no local or special bill shall be passed,


ARTICLE III

LEGISLATURE (HJR 1-2X)


adjournment sine die of the session of the

legislature in which enacted or as otherwise

provided therein. If the law is passed over

the veto of the governor it shall take effect

on the sixtieth day after adjournment sine die

of the session in which the veto is overridden,

on a later date fixed in the law, or on a date

fixed by resolution passed by both houses of

the legislature.


Section 10. SPECIAL LAWS. -- No special

law shall be passed unless notice of intention

to seek enactment thereof has been published

in the manner provided by general law. Such

notice shall not be necessary when the law,

except the provision for referendum, is con-

ditioned to become effective only upon

approval by vote of the electors of the area

affected.


* Refers to Section 20. See III, 11.









ARTICLE III

LEGISLATURE (KIR 1-2X)


Section 10. SPECIAL LAWS.--

CONTINUATION


ARTICLE III (1885 as amended)

LEGISLATIVE: DEPARTMENT


nor shall any local or special law establishing or

abolishing municipalities, or providing for their

government, jurisdiction and powers, or altering or

amending the same, be passed, unless notice of

intention to apply therefore shall have been pub-

lished in the manner provided by law where the

matter or thing to be affected may be situated,

which notice shall be published in the manner pro-

vided by law at least thirty days prior to introduc-

tion into the Legislature of any such bill. The

evidence that such notice has been published shall

be established in the Legislature before such bill

shall be passed, and such evidence shall be filed or

preserved with the bill in the office of the Secre-

tary of State in such manner as the Legislature shall

provide, and the fact that such notice was estab-

lished in the Legislature shall in every case be

recited upon the Journals of the Senate and of the

House of Representatives; PROVIDED, however,

no publication of any such law shall be required









ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


ARTICLE III

LEGISLATURE (HJR 1-2X)


hereunder when such law contains a provision to

the .effect that the same shall not become opera-

tive or effective until ratified or approved

at a referendum election to be called and held

in the territory affected in accordance with a

provision therefore contained in such bill, or

provided by general law. (See also VI, 5).


Section 20. SPECIAL AND PRIVATE LAWS, WHEN

PROHIBITED. -- The Legislature shall not pass

special or local laws in any of the following

enumerated cases: that is to say,


Section 20. (Portion of Section)...

regulating the jurisdiction and duties of any

class of officers, except municipal officers,

...for opening and conducting elections for

State and County officers, and for designating

the places of voting;


Section 24. UNIFORM COUNTY AND MUNICIPAL

GOVERNMENT: CLASSIFICATION OF CITIES AND TOWNS.--


Section 10. SPECIAL LAWS.--

CONTINUATION












Section 11. PROHIBITED SPECIAL LAWS.--

(a) There shall be no special law or

general law of local application pertaining to:




(1) election, jurisdiction or duties

of officers, except officers of municipalities,

chartered counties, special districts or local

governmental agencies;









ARTICLE III

LEGISLATURE (HJR 1-2X)


Section 11. PROHIBITED SPECIAL LAWS. -


CONTINUTATION









()assessment or collection of taxes

for state or county purposes, including exten-

sion of time therefore, relief of tax officers

from due performance of their duties, and

relief of their sureties from liability;

(3) rules of evidence in any court;






(4) punishment for crime;




(5) petit juries, including compen-

sation of jurors, except establishment of jury

commissions;


ARTICLE III(1885,as amended)

LEGISLATIVE DEPARTMENT


(Portion of Section) .. (VIII, 2a; III,11b)

...no special or local laws incorporating

cities or towns, providing for their govern-

ment, jurisdiction, powers, duties and

privileges shall be passed by the Legislature.

(See also VIII, 2a)


Section 20. (Portion of Section)...

for assessment and collection of taxes for

State and county purposes;





Section 20. (Portion of Section)...

regulating the practice of courts of justice,

except municipal courts;


Section 20. (Portion of Section)...

or for the punishment of crime or misdemeanor,


Section 20. (Portion of Section)...

summoning and empanneling [sic] grand and petit

juries, and providing for their compensation;










ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


Section 20. (Portion of Section)...

providing for changing venue of civil and

criminal cases;


Section 33. LIMITATIONS, REDUCING TIME.--

No statute shall be passed lessening the time

within which a civil action may be commenced

on any cause of action existing at the time of

its passage.

NO COMPARABLE PARAGRAPH



NO COMPARABLE PARAGRAPH





NO COMPARABLE PARAGRAPH


ARTICLE III

LEGISLATURE (]RJR 1-2X)


(6) change of civil or criminal venue;






(7) conditions precedent to bringing any

civil or criminal proceedings, or limitations of

time therefore;





(8) refund of money legally paid or

remission of fines, penalties or forfeitures;

(9) creation, enforcement, extension or

impairment of liens based on private contracts,

or fixing of interest rates on private contracts;

(10) disposal of public property, including

any interest therein, for private purposes;

(ll) vacation of roads;


Section 20.

vacating roads;


(Portion of Section)...









ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


Section 25. INCORPORATION OF COMPANIES

AND ASSOCIATIONS; SPECIAL AND LOCAL LAWS. --

The Legislature shall provide by general law

for incorporating such educational, agricultural,

mechanical, mining, transportation, mercantile

and other useful companies or associations as

may be deemed necessary; but it shall not pass

any special law on any such subject, and any

such special law shall be of no effect; Provided,

however, That nothing herein shall preclude

special legislation as to a university or the

public schools, or as to a ship canal across the

State.


Section 20. (Portion of Section)...

giving effect to informal or invalid deeds or

wills;


Section 20. (Portion of Section)...

changing the names of persons;


ARTICLE III

LEGISLATURE (HJR 1-2X)


(12) private incorporation or grant of

privilege to a private corporation;

























(13) effectuation of invalid deeds, wills

or other instruments, or change in the law of

descent;


(14) change of name of any person:








ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


ARTICLE III

LEGISLATURE (HJR 1-2X)


(15) divorce;


Section 20. (Portion of Section)...

granting devorces; (sic)


Section 20. (Portion of Section)...

legitimizing children; providing for the

adoption of children;


Section 20. (Portion of Section)...

relieving minors from legal disabilities;


Section 20. (Portion of Section)...

for the sale of real estate belonging to minors,

estates of descendents [sic] and of persons

laboring under legal disabilities;

NO COMPARABLE PARAGRAPH

NO COMPARABLE PARAGRAPH



NO COMPARABLE PARAGRAPH

(Two items were deleted from Art. III, Section

20. regulating the fees of officers of the State

and County; and for the establishment of ferries.


(16) legitimation or adoption of

persons;




(17) relief of minors from legal

disabilities;


(18) transfer of any property interest

of persons under legal disabilities or of

estates of decedents;



(19) bunting or fresh water fishing;

(20) regulation of occupations which are

regulated by a state agency; or

(21) any subject when prohibited by general

law passed by a three-fifths vote of the member-

ship of each house. Such law may be amended or


repealed by like vote.









ARTICLE III

LEGISLATURE (linR 1-2X)


ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


(b) In the enactment of general laws on

other subjects, political subdivisions or other

governmental entities may be classified only on

a basis reasonably related to the subject of the

law.










Section 12. APPROPRIATION BILLS. -- Laws

making appropriations for salaries of public

officers and other current expenses of the

state shall contain provisions on no other

subject.


Section 13. TERM OF OFFICE.-- No office shall

be created the term of which shall exceed four

years except as provided herein.


Section 24. UNIFORM COUNTY AND MUNICIPAL

GOVERNMENT; CLASSIFICATION OF CITIES AND TOWNS.--

(Portion of Section) ...(VIII, 2a)...

The Legislature shall by general law classify

cities and towns according to population, and

shall by general law provide for their incor-

poration, government, jurisdiction, powers,

duties and privileges under such classifications,

and .. (III, 11a(1)) .(See also VIII, 2a)


Section 30. APPROPRIATION BILLS. -- Laws

making appropriations for the salaries of

public officers and other current expenses

of the State shall contain provisions on no

Other subject.


ART. XVI. Section 7. TERMS OF OFFICES CREATED

BY LEGISLATURE. -- (Portion of Section)...

The legislature shall not create any office,

the term of which shall be longer than four

years, .. (rk, 2)...






52

ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


ART. IV, Section 16. APPOINTMENT OF OFFICERS

OF MILITIA. -- (Portion of Section...

(:K, 2c; II,5c).. The terms of office of all

commissioned officers of the organized militia

shall be continuous during the pleasure of the

Governor; subject to such laws as may be enacted

by the -Legislature providing for their retire-

ment for age or other causes.


ART. XVI, Section 34. CIVIL SERVICE SYSTEM

AND BOARDS. -- The Legislature may by general,

special or local laws create Civil Service

systems and Civil Service Boards for municipal,

county and state employees and for municipal,

county and state officers not appointed by the

governor or elected by the people and the

Legislature may authorize such Civil Service

Boards to provide for the qualifications and

method of employing such employees and officers

and to prescribe the length of their terms of

office or employment.


ARTICLE III

LEGISLATURE (IRJR 1-2X)


Section 13. TERM OF OFFICE. -- CONTINUED

















Section 14. CIVIL SERVICE SYSTEM. -- By law

there shall be created a civil service system

for state employees, except those expressly

exempted, and there may be created civil

service systems and boards for county, dis-

trict or municipal employees and for such offices

thereof as are not elected or appointed by the

governor, and there may be authorized such boards

as are necessary to prescribe the qualifica-

tions, method of selection and tenure of such

employees and officers.









ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


ART. VII, Section 2. NUMBER OF MEMBERS OF SENATE

AND HOUSE OF REPRESENTATIVES: TERMS. -

(Portion of Section)... (III, 16(a) & 15(a))

...the members of the Senate shall be elected

for terms of Four years except as hereinafter

provided ..(VI, 5) (III, 16a)...













ART.III Setio LEGISLATORS, HOW CHOSEN.-

The members of the House of Representatives

of the State of Florida shall be chosen biennially

beginning with the general election on the first

Tuesday after the first Monday in November 1898,

and thereafter on the corresponding day of every

second year.

ART. VII, Section 2. NUMBER OF MEMBERS OF SENATE


ARTICLE III

LEGISLATURE (HJR 1-2X)


Section 15. TERMS AND QUALIFICATIONS OF

LEGISLATORS. -

(a) SENATORS. Senators shall be elected for

terms of four years, those from odd-numbered

districts in the years the numbers of which

are multiples of four and those from even-

numbered districts in even-numbered years the

numbers of which are not multiples of four;

except, at the election next following a re-

apportionment, some senators shall be elected

for terms of two years when necessary to maintain

staggered terms.

[b) REPRESENTATIVES. Members of the house

of representatives shall be elected for terms

of two years in eadh even-numbered year.









ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


ARTICLE III

LEGISLATURE (HJR 1-2X)


(b) CONTINUATION


AND HOUSE OF REPRESENTATIVES; TERMS.--

(Portion of Section) ...(III, 16a)...

The members of the House of Representatives

shall be elected for terms of two years, and

...(III, 15a & 16a)...


Section 4. LEGISLATORS, QUALIFICATIONS,

SALARIES, ETC.-- (Portion of Section)...

Senators and members of the House of Represen-

tatives shall be duly qualified electors in

the respective counties and districts for

which they were chosen ..(II, 15 (c))...


Section 27. ELECTION, DUTIES AND COM~PENSA-

TION OF STATE AND COUNTY OFFICERS.-- The Legis-

lature shall provide for the election by the

people or appointment by the Governor of all

State and county officers not otherwise provided

for by this Constitution, (see also IV, 1(f))

(II, 5(c)) .


(c) QUALIFICATIONS. Each legislator shall

be at least twenty-one years of age, an elector

and resident of the district from which elected

and shall have resided in the state for a period

of two years prior to election.




(ad) ASSUMING OFFICE VACANCIES. Members

of the legislature shall take office upon elec-

tion. Vacancies in legislative office shall be

filled only by election as provided by law.









ARTICLE III

LEGISLATURE (ILOR 1-2X)


Section 16. LEGISLATIVE APPORTIONMENT.--

(a) SENATORIAL AND REPRESENTATIVE DISTRICTS.

The legislature at its regular session in the

second year following each decennial census, by

joint resolution, shall apportion the state in

accordance with the constitution of the state

and of the United States into not less than

thirty nor more than forty consecutively num-

bered senatorial districts of either con-

tiguous, overlapping or identical territory,

and into not less than eighty nor more than

one hundred twenty consecutively numbered rep-

resentative districts of either contiguous,

overlapping or identical territory. Should that

session adjourn without adopting such joint

resolution, the governor by proclamation shall

reconvene the legislature within thirty days in

special apportionment session which shall not

exceed thirty consecutive days, during which no

other business shall be transacted, and it shall


ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


ART.VII, Section 2. NUMBER OF MEMBERS

OF SENATE AND HOUSE OF REPRESENTATIVES; TERMS.--

(Portion of Section) .. The Legislature shall

consist of not more than thirty-two members of

the Senate, and of not more than sixty-eight

members of the House of Representatives ..

(III, 15; VI,5) .. The terms of office of

the~ Senators elected in Oct. A. D. 1896, shall

expire on the first Tuesday after the first

Monday in Novemb~er A. D. 1900 and the terms of

office of those elected in November A. D. 1898

shall expire on the first Tuesday after the first

Monday in November A. D. 1902, and thereafter

all senators shall be elected for Four Years.








ARTICLE III ARTICLE III (1885, as amended)

LEGISLATURE (HJR 1-2X) LEGISLATIVE DEPARTMENT


be tihe mandatory duty of the legislature to ART.VII, Section 2. NUMBER OF MEMBERS OF SENATE

adopt a joint resolution of apportionment. AND HOUSE OF REPRESENTATIVES; TERMS.--

CONTINUATION


ART. VII, Section 3. APPORTIONMENT OF REPRESEN-

TATION IN SENATE AND HOUSE OF REPRESENTATIVES.--

The Legislature that shall meet in regular

session A. D. 1925, and those that shall meet

every ten years thereafter, shall apportion the

Representation in the Senate, and shall provide

for thirty-eight (38) Senatorial Districts, such

Districts to be as nearly equal in population as

practicable, but no county shall be divided in

making such apportionment, and each district

shall have one Senator; and, at the same time,

the Legislature shall also apportion the

Representation in the House of Representatives

and shall allow three (3) Representatives to

each of the five most populous counties, and

two (2) Representatives to each of the next

eighteen more populous counties, and one









ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


ARTICLE III

LEGISLATURE (HJR 1-2X)


Section 16.(a) SENATORIAL AND REPRESENTATIVE

DISTRICTS. CONTINUATION


Representative to each of the remaining counties

of the State at the time of such apportionment.

Should the Legislature fail to apportion the

Representation in the Senate and in the House

of Representatives, at any regular session of

the Legislature at any of the times herein

designated, it shall be the duty of the Legisla-

ture or Legislatures succeeding such regular

session of the Legislature, either in special or

regular session, to apportion the Representation

in the Senate and in the House of Representatives

as herein provided. The preceding regular Federal

or regular State Census, which ever [sic] shall

have been taken nearest any apportionment of

Representatives in the Senate and in the House

of Representatives, shall control in making any

such apportionment. In the event the Legislature

shall fail to reapportion the representation in

the Legislature as required by this amendment,








ARTICLE III

LEGISLATURE (HJR 1-2X)


Section 16(a) SENATORIAL AND REPRESENTATIVE

DISTRICTS. CONTINUATION


ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


the Governor shall (within thirty days after

the adjournment of the regular session), call

the Legislature together in extraordinary

session to consider the question of reapportion-

ment and such extraordinary session of the Legis

lature is hereby mandatorily required to re-

apportion the representation as required by

this amendment before its adjournment (and

such extraordinary session so called for re-

apportionment shall not be limited to expire

at the end of twenty days or at all, until

reapportionment is affected, and shall consider

no business other than such reapportionment).

ART. VII, Section 4. SENATORIAL DISTRICT TO BE

COMPOSED OF CONTIGUOUS COUNTIES.-- Where any

Senatorial District is composed of two or more

counties, the counties of which such district

consists, shall not be entirely separated by any

county, belonging to another district. Any new

county that may be created, shall be entitled

to one member in the House of Representatives,









ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


ARTICLE III

LEGISLATURE (ILER 1-2X)


Section 16 (a) SENATORIAL AND REPRESENTATIVE

DISTRICTS. CONTINUATION









(b) FAILURE OF LEGISLATURE TO

APPORTION JUDICIAL REAPPORTIONMENT. In the

event a special apportionment session of the

legislature finally adjourns without adopting a

joint resolution of apportionment, the attorney

general shall, within five days, petition the

supreme court of the state to make such apportion-

ment. No later than the sixtieth day after the

filing of such petition, the supreme court shall

file with the secretary of state an order making

such apportionment.

(c) JUDICIAL REVIEW OF APPORTIONMENT.

Within fifteen days after the passage of the

joint resolution of apportionment, the attorney


in excess of the limit prescribed in Sec. 2

of this Article until the apportionment following

next thereafter, and shall be assigned when

created to one of the adjoining Senatorial

Districts as shall be determined by the

Legislature.

NO COMPARABLE SUBSECTION





















NO COMPARABLE SUBSECTION








ARTICLE III

LEGISLATURE (HJR 1-2X)


ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


NO COMPARABLE SUBSECTION













NO COMPARABLE SUBSECTION


general shall petition the supreme court of the

state for a declaratory judgment determining the

validity of the apportionment. The supreme court,

in accordance with its rules, shall permit

adversary interests to present their views and,

within thirty days from the filing of the

petition, shall enter its judgment.

(d) EFFECT OF JUDGMENT IN APPORTION-

MENT EXTRAORDINARY APPORTIONMENT SESSION. A

judgment of the supreme court of the state

determining the apportionment to be valid shall

be binding upon all the citizens of the state.

Should the supreme court determine that the

apportionment made by the legislature is invalid,

the governor by proclamation shall reconvene the

legislature within five days thereafter in

extraordinary apportionment session which shall

not exceed fifteen days, during which the legis-

lature shall adopt a joint resolution of appor-

tionment conforming to the judgment of the supreme

court.










ARTICLE III (1885 as amended)


ARTICLE III

LEGISLATURE (HJR 1-2X)


(e) EXTRAORDINARY APPORTIONMENT SESSION -

REVIEW OR APPORTIONMENT. Within fifteen days

after the adjournment of the extraordinary appor-

tionment session, the attorney general shall file a

petition in the supreme court of the state setting

forth the apportionment resolution adopted by the

legislature, or if none has been adopted reporting

that fact to the court. Consideration of the validity

of a joint resolution of apportionment shall be had

as provided for in cases of such joint resolution

adopted at a regular or special apportionment session.

(f) JUDICIAL REAPPORTIONMENT. Should an

extraordinary apportionment session fail to adopt a

resolution of apportionment or should the supreme

court determine that the apportionment made is invalid,

the court shall, not later than sixty days after re-

ceiving the petition of the attorney general, file with

the secretary of state an order making such

apportionment.


NO COMPARABLE SECTION





















NO COMPARABLE SECTION









ARTICLE III (1885 as amended)

LEGISLATIVE DEPARTMENT


ARTICLE III

LEGISLATURE (HJR 1-2X)


Section 17. IMPEACHMENT.--

(a) The governor, lieutenant governor, members

of the cabinet, justices of the supreme court,

judges of district courts of appeal and judges

of circuit courts shall be liable to impeach-

ment for misdemeanor in office. The house of

representatives by two-thirds vote shall have the

power to impeach an officer. The speaker of the

house of representatives shall have power at any

time to appoint a committee to investigate

charges against any officer subject to im-

peachment.


Section 29. IMPEACHMENT OF OFFICERS.-

s (Portion, of Section) The House of

Representative shall have the sole power of impeach-

ment. The speaker of the House may appoint a

committee to investigate alleged grounds for im-

peachment against any officer subject to impeachment

either during or between legislative sessions; but a

vote of two-thirds of all members present shall be

required to impeach any officer; .(III, 17c). .

The Governor, Administrative officers of the Execu-

tive Department, Justices of the Supreme Court, and

Judges of the Circuit Court shall be liable to

impeachment for any misdemeanor in office,...



ART. V, Section 17. RETIREMENT, SUSPENSION AND

REMOVAL OF JUDGES.-- (Portion of Section)

(3) Any justice of the supreme court,

judge of the district court of appeal, or circuit

judge shall be liable to impeachment for any

misdemeanor in office.









ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


Section 34. IMPEACHED OFFICERS; EFFECT

OF IMPEACHMENT.-- (Portion of Section)...

Immediately upon the impeachment of any officer

by the House of Representatives, he shall be

disqualified from performing any of the duties

of his office until acquitted by the Senate,

and the Governor in such case shall at once

appoint an incumbent to fill such office pending

the impeachment proceedings. (See also IV,

1(f)). .. (IV, 3 (b))...


Section 29. IMPEACHMENT OF OFFICERS. -

(Portion of Section) ...(III, 17 (a))...

and all impeachments shall be tried by the

Senate. When sitting for that purpose the

senators shall be upon oath or affirmation,

and no person shall be convicted without the

concurrence of two-thirds of the Senate present.

The Senate may adjourn to a fixed time for the

trial of any impeachment, and may sit for the

purpose of such trial whether the House of


ARTICLE III

LEGISLATURE (HJR 1-2X)


(b) An officer impeached by the

house of representatives shall be disqualified

from performing any official duties until ac-

quitted by the senate, and unless the governor

is impeached he may b appointment fill the

office until completion of the trial.










(c) All impeachments by the house

of representatives shall be tried by the senate.

The chief justice of the supreme court, or another

justice designated by him, shall preside at the

trial, except in a trial of the chief justice, in

which case the governor shall preside. The senate

shall determine the time for the trial of any

impeachment and may sit for the trial whether the

house of representatives be in session or not. The

time fixed for trial shall not be more than six









ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT



Representatives be in session or not, but the

time fixed for such trial shall not be more than

six months from the time articles of impeach-

ment shall be preferred by the House of

Representatives. The Chief Justice shall

preside.at all trials by impeachment except

in the trial of the Chief Justice, when the

Governor shall preside ...(I,1a

but judgment in such cases shall extend only

to removal from office and disqualification

to hold any office of honor, trust or profit

under the State; but the party convicted or

acquitted shall nevertheless be liable to

indictment, trial and punishment according to

law.


NO COMPARABLE SECTION


ARTICLE III

LEGISLATURE (HJR 1-2X)



months after the impeachment. During an

impeachment trial senators shall be upon

their oath or affirmation. No officer shall

be convicted without the concurrence of two-

thirds of the members of the senate present.

Judgment of conviction in cases of impeach-

ment shall remove the offender from office

and, in the discretion of the senate, may

include disqualification to hold any office of

honor, trust or profit. Conviction or acquittal

shall not affect the civil or criminal respon-

sibility of the officer.








Section 18. CONFLICT OF INTEREST.-- A code

of ethics for all state employees and non-judicial

officers prohibiting conflict between public duty

and private interests shall be prescribed by law.









ARTICLE III

LEGISLATURE (HJR 1-2X)


NO COMPARABLE SECTION


ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


Section 5. INELIGIBILITY OF LEGISLATORS

TO OFFICE.-- No Senator or member of the

House of Representatives shall during the time

for which he was elected, be appointed, or

elected to any civil office under the

Constitution of this State that has been

created, or the emoluments whereof shall have

been increased during such time.


Section 31. UNITED STATES SENATORS.--

The Legislature shall elect United States

Senators in the manner prescribed by the

Congress of the United States and by this

Constitution.


ART. VII,Section 1. COMPOSITION OF FIRST

LEGISLATURE.-- The Senators representing the

odd numbered districts, as said districts are

now designated, whose terms have not expired,

and those Senators representing even numbered

districts, to be elected A. D. 1886, under the


NO COMPARABLE SECTION


NO COMPARABLE SECTION









ARTICLE III

LEGISLATURE (IRJR 1-2X)


NO COMPARABLE SECTION



























NO COMPARABLE SECTION


ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


Constitution of 1868, shall be the first Senate

under this Constitution; and the members of the

AssembJly to be elected A. D. 1886, shall be the

first House of Representatives under this

Constitution, and the Senate and House of

Representatives thus constituted shall be the

first Legislature under this Constitution, and

the terms of office of each of the said Senators

and members of the House of Representatives shall

expire at the election for Senators and members

of the House of Representatives A. D. 1888, and

in that year a new Senate and House of Represen-

tatives shall be elected.


Section 19. ACCOUNTS OF PUBLIC MONEY:

PUBLICATION. -- Accurate statements of the

receipts and expenditures of the public money

shall be attached to and published with the

laws passed at every regular session of the

Legislature.









ARTICLE III

LEGISLATURE (HJR 1-2X)


NO COMPARABLE SECTION


ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


ART.XVI, Section 6. PUBLICATION AND DISTRIBU-

TION OF LAWS.-- The legislature shall provide

for the speedy publication and distribution

of all laws it may enact. Decisions of the

Supreme Court and all laws and judicial decisions

shall be free for publication by any person.

But no judgment of the Supreme Court shall take

effect until the decision of the Court in such

case shall be filed with the clerk of said

Court,.


ART.XVI, Section 22. MECHANICS LIENS.--

The Legislature shall provide for giving to

mechanics and laborers an adequate lien on

the subject matter of their labor.


ART.XVI, Section 26. PROVISION FOR CLAIMS

CONNECTED WITH ESTABLISHMENT OF EAST FLORIDA

SEMINARY.-- The Legislature may make provision

for the proper adjustment and settlement of

the claim of the citizens of Ocala against the


NO COMPARABLE SECTION


NO COMPARABLE SECTION








ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


ARTICLE III

LEGISLATURE (HJR 1-2X)


NO COMPARABLE SECTION








NO COMPARABLE SECTION












NO COMPARABLE SECTION


State for certain aid given by the town of

Ocala for the establishment of the East

Florida Seminary in 1852, and conditional

upon its location at the said town.


ART. XVI, Section 27. PURCHASE OF BOOKS FOR

SUPREME COURT LIBRARY.-- The Legislature shall

appropriate at least five hundred dollars

each year for the purchase of such books for

the Supreme Court Library as the Court may

direct.


ART.XVI, Section 30. LEGISLATIVE POWER OVER

COMMON CARRIERS.-- The Legislature is

invested with full power to pass laws for the

correction of abuses and to prevent unjust

discrimination and excessive charges by per-

sons and corporations engaged as common

carriers in transporting persons and property,

or performing other services of a public

nature; and shall provide for enforcing such

laws by adequate penalties or forfeitures.













ART.XVI, Section 33 (32)* SALT WATER FISH AND

SALT WATER PRODUCTS; REGULATIONS, ETC.--

The Legislature may vest in such board or

commission, now created or that may be created

by it, authority to make and establish rules

and regulations without regard to uniformity

of application, relating to the conservation

of salt water fish and salt water products.


ART.XIII, Section 1. INSTITUTIONS SUPPORTED

BY STATE.-- Institutions for the benefit of

the insane, blind and deaf, and such other

benevolent institutions as the public good

may require, shall be fostered and supported

by the State, subject to such regulations as

may be prescribed by law.


ART.XIII, Section 2. STATE PRISON.-- A State

Prison shall be established and maintained in

such manner as may be prescribed by law. Pro-

vision may be made by law for the establishment

*Erroneously numbered (32) by legislature.


ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


ARTICLE III

LEGISLATURE (HJR 1-2X)


NO COMPARABLE SECTION
















NO COMPARABLE SECTION














NO COMPARABLE SECTION






"70


ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


ARTICLE III

LEGISLATURE (HJR 1-2X)


and maintenance of a house of refuge for juvenile

offenders; and the Legislature shall have power

to establish a home and work house for common

vagrants.


ART. XIII, Section 3. COUNTIES TO PROVIDE FOR

BENEVOLENT BENEFITS.-- The respective counties

of the State shall provide in the manner pre-

scribed by law, for those of the inhabitants

who by reason of age, infirmity or misfortune,

may have claims upon the aid and sympathy of

society; provided, however, the Legislature

may by general law provide for a uniform State-

wide system for such benefits, and appropriate

money therefore; but no such general law shall

provide benefits to any person who shall not

have been a resident of the State of Florida

for a period of five years continuously next

preceding his application therefore, nor shall

such general law provide for benefits to any


NO COMPARABLE SECTION








NO COMPARABLE SECTION








ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


ARTICLE III

LEGISLATURE (ILOR 1-2X)


NO COMPARABLE SECTION


person solely on account of age who has not

attained the age of sixty-five years; Provided,

further, that where by any law of the United

States, a lessor or different period of residence,

age or citizenship shall be fixed in order for

the State of Florida to participate in any

Federal grants that might be made for such

purposes, the Legislature may prescribe such

requirements as to citizenship, age and residence

as will be consistent with and not in conflict

with such Federal law.


ART.XIII, Section 4. FIRST LEGISLATURE TO ENACT

LAWS TO ENFORCE ARTICLE.-- The first Legislature

that convenes after the adoption of this

Constitution shall enact the necessary laws to

carry into effect the provisions of this

Article.


ART.XV, Section 1. STATE AND COUNTY BOARDS OF

HEALTH.-- The Legislature shall establish a State

Board of Health and also County Boards of


NO COMPARABLE SECTION


NO COMPARABLE SECTION








ARTICLE III (1885, as amended)

LEGISLATIVE DEPARTMENT


ARTICLE III

LEGISLATURE (HJR 1-2X)


NO COMPARABLE SECTION


NO COMPARABLE SECTION












NO COMPARABLE SECTION


Health in all counties where it may be necessary.


ART. XV, Section 2. POWERS AND SUPERVISION

OF STATE BOARD OF HEALTH.-- The State Board of

Health shall have supervision of all matters

relating to public health, with such duties,

powers and responsibilities as may be prescribed

by law.


ART. XV, Section 3. POWERS AND SUPERVISION OF

COUNTY BOARDS OF HEALTH.-- The County Boards

of Health shall have such powers and be under

the supervision of the State Board to such

extent as the Legislature may prescribe.







ARTICLE IV (HJR 1-2X)
EXECUTIVE


Section 1. GOVE~RNOR.--

(a) The supreme executive power shall be

vested in a governor. He shall be commander-

in-chief of all military forces of the state not

in active service of the United States. He

shall take care that the laws be faithfully

executed, commission all officers of the state

and counties, and transact all necessary busi-

ness with the officers of government. He may

require information in writing from all execu-

tive or administrative state, county or munici-

pal officers upon any subject relating to the

duties of their respective offices.


ARTICLE IV (1885 as amended)
EXECUTIVE DEPARTMENT


Section 1. GOVERNOR, CHIEF EIXECUTIVE.--

The Supreme Executive power of the State shall be

vested in a Chief Magistrate, who shall be styled

t~he Governor of Florida.

Section 4. COMMANDER-IN-CHIEF OF MILITIA.--

The Governor shall be commander in Chief of the

military forces of the State, except when they shall

be called into the service of the United States.

ART. XIV, Section 5(a). Whenever there shall be

in the State of Florida a federally recognized

National Guard, the same shall be sui generis and

subject to the lawful orders of the Governor, who

shall be Commander in Chief.

Section 6. EXECUTION OF LAWS.-- The

Governor shall take care that the laws be faithfully

executed.

Section 14. GRANTS AND COMMISSIONS.-- All

grants and commissions shall be in the name and

under the authority of the State of Florida, sealed

with the great seal of the State, signed by the

Governor, and countersigned by the Secretary of

State.








ARTICLE IV (HJR 1-2X)
EXECUTIVE


Section 1. GOVERNOR.--

(a) CONTINUATION


ARTICLE IV (1885 as amended)
EXECUTIVE DEPARTMENT


Section 5. DUTIES OF GOVERNOR.-- The Governor

shall transact all Executive business with the

officers of the Government, civil and military, and

may require information in writing from the

administrative officers of the Executive Department

upon any subject relating to the duties of their

respective offices.

Section 27. REPORTS OF CABINET OFFICERS.--

Each officer of this Department shall make a full

report of his official acts, of the receipts and

expenditures of his office, and the requirements of

the same, to the Governor at the beginning of each

regular session of the Legislature, or whenever the

Governor shall require it. Such reports shall be

laid before the Legislature by the Governor at the

beginning of each regular session thereof. Either

House of the Legislature may at any time call upon

any officer of this Department for information

required by it. (See also III, 5).








ARTICLE IV (KI]R 1-2X)

EXECUTIVE


Section 1. GOVERNOR.--

(a) CONTINUATION















(lb) The governor may initiate judicial

proceedings in the name of the state against

any executive or administrative state, county

or municipal officer to enforce compliance with

any duty or restrain any unauthorized act.



(c) The governor may request in writing

the opinion of the justices of the supreme court

as to the interpretation of any portion of this

constitution upon any question affecting his exe-

cutive powers and duties. The justices shall,

subject to their rules of procedure, permit


ARTICLE IV (1885 as amended)

EXECUTIVE DEPARTMENT


ART. VIII, Section 7. BOND OF COUNTY OFFICERS;

ASSISTANT ASSESSOR OF TAXES.--

(Portion of Section)

...(VIII, deleted). All county officers,

except Assistant Assessors of Taxes, shall, before

entering upon the duties of their respective offices,

be commissioned by the Governor; .(II, 5b,

X, 3)...



No Comparable Subsection











Section 13. OBTAINING OPINION OF JUSTICES.--

The Governor may, at any time, require the opinion

of the Justices of the Supreme Court, as to the

interpretation of any portion of this Constitution

upon any question affecting his Executive powers

and duties, and the Justices shall render such







ARTICLE IV (KIR 1-2X)

EXECUTIVE


interested persons to be heard on the questions

presented and shall render their written opinion

not earlier than ten days from the filing and

docketing of the request, unless in their judg-

ment the delay would cause public injury.



(d) The governor shall have power to call

out the militia to preserve the public peace,

execute the laws of the state, suppress in-

surrection, or repel invasion.





(e) The governor shall by message at least

once in each regular session inform the legisla-

ture concerning the condition of the state,

propose such reorganization of the executive

department as will promote efficiency and

economy, and recommend measures in the public

interest.


(f) When not otherwise provided for in

this constitution, the governor shall fill by


ARTICLE IV (1885 as amended)

EXECUTIVE DEPARTMENT


opinion in writing.











ART. XIV, Section 4. GOVERNOR MAY CALL OUT

MILITIA.-- The Governor shall have power to call

out the Militia to preserve the public peace, to

execute the Laws of the State, to suppress in-

surrection or to repel invasion.



Section 9. GOVERNOR'S MESSAGE TO LEGISLATUJRE.--

The Governor shall communicate by message to the

Legislature at each regular session information

concerning the condition of the State, and

recommend such measures as he may deem expedient.






Section 7. VACANCIES IN OFFICE; APPOINTMENTS. -

When any office, from any cause, shall become











ARTICLE IV (KIR 1-2X)

EXECUTIVE


appointment any vacancy in state or county

office for the remainder of the term of an

appointive office, and for the remainder of

the term of an elective office if less than

twenty-eight months, otherwise until the first

Tuesday after the first Monday following the

next general election.


ARTICLE IV (1885 as amended)

EXECUTIVE DEPARTMENT


vacant, and no mode is provided by this Constitution

or by the laws of the State for filling such vacancy,

the Governor shall have the power to fill such

vacancy by granting a commission for the unexpired

term. (See also III, 17b; IV, 7a).

ART. XVIII, Section 6. TERM OF APPOINTEESTO

FILL VACANCIES.-- The term ofloffice for all

appointees to fill vacancies in any of the elective

offices under this Constitution shall extend only to

the first Tuesday after the first Monday in January

next after the election and qualification of a

successor.

ART. III, Section 34. IMPEACHED OFFICERS; EFFECT

OF IMPEACHMENT.-- (Portion of Section)

...(III, 17b). and the Governor in such case

shall at once appoint an incumbent to fill such

office pending the impeachment proceedings.

(IV, 3b) .








ARTICLE IV (1885 as amended)

EXECUTIVE DEPARTMENT


NO COMPARABLE SECTION













Section 19. IMPEACHMENT, DEATH, RESIGNATION,

ETC., OF GOVERNOR; WHO TO ACT.-- In case of the

impeachment of the Governor, his removal from

office, death, resignation or inability to discharge

his official duties, the powers and duties of

Governor shall devolve upon the President of the

Senate for the residue of the term, or until the

disability shall cease; and in case of the im-

peachment, removal from office, death, resignation

or inability of the of the [sic] President of

the Senate, the powers and duties of the office

shall devolve upon the Speaker of the House of

Representatives. But should there be a general

election for members of the Legislature during


ARTICLE IV (KIR 1-2X)

EXECUTIVE


Section 2. LIEUTENANT GOVERNOR.-- There shall

be a lieutenant governor. He shall perform such

duties pertaining to the office of governor as shall

be assigned to him by the governor, except when

otherwise provided by law, and such other duties as

may be prescribed by law.



Section 3. SUCCESSION TO OFFICE OF GOVERNOR -

ACTING GOVERNOR.--

(a) Upon vacancy in the office of governor,

the lieutenant governor shall become governor.

Further succession to the office of governor shall

be prescribed by law. A successor shall serve for

the remainder of the term.



(10) Upon impeachment of the governor and

until completion of trial thereof, or during his

physical or mental incapacity, the lieutenant

governor shall act as governor. Further

succession as acting governor shall be prescribed

by law. Incapacity to serve as governor may be








ARTICLE IV (KIR 1-2X)

EXECUTIVE


determined by the supreme court upon due notice

after docketing of a written suggestion thereof

by four cabinet members, and in such case

restoration of capacity shall be similarly

determined after docketing of written sugges-

tion thereof by the governor, the legislature

or four cabinet members. Incapacity to serve

as governor may also be established by certifi-

cate filed with the secretary of state by the

governor declaring his incapacity for physical

reasons to serve as governor, and in such case

restoration of capacity shall be similarly

established.


Section 4. CABINET.--

(a) There shall be a cabinet composed of a

secretary of state, an attorney general, a

comptroller, a treasurer, a commissioner of

agriculture and a commissioner of education.

In addition to the powers and duties specified

herein, they shall exercise such powers and


ARTICLE IV (1885 as amended)

EXECUTIVE DEPARTMENT


such vacancy, an election for Governor to fill the

same shall be had at the same time.

ART. III, Section 34. IMPEACHED OFFICERS;

EFFECT OF IMPEACHMENT.-- (Portion of section)

.(I,7b),(ry, If). .. In case of the

impeachment of the Governor, the President of the

Senate, or in case of the death, resignation or

inability of the President of the Senate, the

Speaker of the House of Representatives, shall act

as Governor pending the impeachment proceedings

against the Governor.

(IV, 3, exempts above named officers from the

Constitutional time requirements for the office

of Governor)
Section 20. GOVERNOR'S CABINET.--

(Portion of section)

The governor shall be assisted by administrative

officers as follows: A secretary of state, attor-

ney general, comptroller, treasurer, superintendent

of public instruction, and commissioner of agri-

culture, .(rV, 5)...







ARTICLE IV (1885 as amended)

EXECUTIVE DEPARTMENT


Section 20. GOVERNOR'S CABINET.--

CONTINUATION


Section 21. SECRETARY OF STATE, DUTIES, ETC.--

The Secretary of State shall keep the records of

official acts of the Legislative and Executive

Departments of the Government, and shall, when

required, lay the same, and all matters relative

thereto, before either branch of the Legislature;

and shall be the custodian of the Great Seal of the

State. He shall also have charge of the Capitol

building and grounds, and perform such other duties

as shall be prescribed by law.


Section 22. ATTORNEY GENERAL, DUTIES, ETC.--

The Attorney-General shall be the legal advisor of

the Governor, and of each of the officers of the

Executive Department, and shall perform such other

legal duties as may be prescribed by law. He shall

be Reporter for the Supreme Court.


ARTICLE IV (HJ1R 1-2X)

EXECUTIVE


perform such duties as may be prescribed by law.




(b) The secretary of state shall keep the

records of the official acts of the legislative

and executive departments.
















(c) The attorney general shall be the chief

state legal officer.







ARTICLE IV (KIR 1-2X) '

EXECUTIVE


(d) The comptroller shall serve as the

Lef fiscal officer of the state, and shall

ftle and approve accounts against the state.




(e) The treasurer shall keep all state funds

1 securities. He shall disburse state funds

Ly upon the order of the comptroller, counter-

gned by the governor. The governor shall

Intersign as a ministerial duty subject to

iginal mandamus.






(f) The commissioner of agriculture shall

ve supervision of matters pertaining to agri-

lture except as otherwise provided by law.


ARTICLE IV (1885 as amended)

EXECUTIVE DEPARTMENT


Section 23. COMPTROLLER, DUTIESr ETC.-- The

Comptroller shall examine, audit, adjust and settle

the accounts of all officers of the State and per-

form such other duties as may be prescribed by law.


Section 24. TREASURER., DUTIES, ETC.-- The

Treasurer shall receive and keep all funds, bonds,

and other securities, in such manner as may be

prescribed by law, and shall disburse no funds, nor

issue bonds, or other securities, except upon the

order of the Comptroller, countersigned by the

Governor, in such manner as shall be prescribed by

law.


Section 26. COMMISSIONER OF AGRICULTURE,

DUTIES, ETC.-- The commissioner of agriculture

shall perform such duties in relation to agricul-

ture as may be prescribed by law. He shall also

have supervision of the state prison, and shall

perform such other duties as may be prescribed by

law.







ARTICLE IV (KER 1-2X)

EXECUTIVE


(g) The commissioner of education shall

supervise the public education system in the

manner prescribed by law.











Section 5. ELECTION OF GOVERNOR, LIEUTEN-

PiNT GOVERNOR AND CABINET MEMBERS QUALIFICA-

TIONS TERMS.--

(a) At a state-wide general election in

each calendar year the number of which is even

but not a multiple of four, the electors shall

choose a governor and a lieutenant governor and

members of the cabinet each for a term of four

years beginning on the first Tuesday after the

first Monday in January of the succeeding year.

In the general election and in party primaries,

if held, all candidates for the offices of

governor and lieutenant governor shall form joint


ARTICLE IV (1885 as amended)

EXECUTIVE DEPARTMENT


Section 25. SUPERINTENDENT OF PUBLIC INSTRUC

TION, DUTIES, ETC.~-- The Superintendent of Public

Instruction shall have supervision of all matters

pertaining to public instruction; the supervision

of State buildings devoted to educational purposes

and perform such other duties as the Legislature

may provide by law.


Section 2. ELECTION AND TERM OF GOVERNOR.--
(Portion of Section)
The governor shall be elected by the qualified

electors of the state. The first election for

governor under this section shall be at the genera

election of 1964, for a term of two years and therl

after commencing with the general election of 1966

the governor shall be elected for a term of four

years. The term of office shall begin the first

Tuesday after the first Monday in January next afts

this election. .(IV, 5b)...

Section 20. GOVERNOR'S CABINET.--

(Portion of Section)

...(IV, 4a) ...who shall be elected at the same







ARTICLE IV (HJR 1-2X)

EXECUTIVE


candidacies in a manner prescribed by law so that

each voter shall cast a single vote for a candi-

date for governor and a candidate for lieutenant

governor running together.

















(b) When elected, the governor, lieuten-

ant governor and each cabinet member must be

an elector not less than thirty years of age

who has resided in the state for the preceding

seven years. The attorney general must have

been a member of the bar of Florida for the

preceding five years. No person who has, or but

for resignation would have, served as governor

or acting governor for more than six years in


ARTICLE IV (1885 as amended)

EXECUTIVE DEPARTMENT


time as the governor, and shall hold their offices

for the same term; provided, that the first election

of such officers under this section shall be had

at the time of voting for governor in 1964 for a

term of two years and thereafter commencing with the

time of voting for governor in 1966, said officers

shall be elected for a term of four years.

Section 28. INSTALLATION OF CABINET OFFICERS.--

The administrative officers of the Executive Depart-

ment shall be installed on the same day as the

Governor.



Section 3. ELIGIBILITY OF GOVERNOR.-- No

person shall be eligible to the office of Governor

who is not a qualified elector, and who has not

been ten years a citizen of the United States, and

five years a citizen and resident of the State of

Florida, next preceding the time of his election;

Provided, that these limitations of time shall not

apply to the President of the Senate or Speaker of

the House of Representatives when, under this








ARTICLE IV (KT1R 1-2X)

EXECUTIVE


two consecutive terms shall be elected governor

for the succeeding term.






















Section 6. EXECUTIVE DEPARTMENTS.-- All

functions of the executive branch of state govern-

ment shall be allotted among not more than twenty-

five departments, exclusive of those specifically

provided for or authorized in this constitution.

The administration of each department, unless

otherwise provided in this constitution, shall be

placed by law under the direct supervision of the

governor, the lieutenant governor, the governor


ARTICLE IV (1885 as amended)

EXECUTIVE DEPARTMENT


Constitution, the powers and duties of Governor

shall devolve upon them. (See also ART. IV, Sec. 3)

Section 2. ELECTION AND TERM OF GOVERNOR.--

(Portion of Section)

...(IV, 5a). The governor elected at the

general election of 1964 shall be eligible for re-

election to said office in the general election of

1966, but the governor elected at the general

election of 1966 and thereafter shall not be eligible

for re-election to said office the next succeeding

term.



No Comparable Section









ARTICLE IV (HJR 1-2X)

EXECUTIVE


and cabinet, a cabinet member, or an officer or

board appointed by and serving at the pleasure

of the governor, except:

(a) When provided by law, confirmation by

the senate or the approval of three members of

the cabinet shall be required for appointment to

or removal from any designated statutory office.

(b) Boards authorized to grant and revoke

licenses to engage in regulated occupations shall

be assigned to appropriate departments and their

members appointed for fixed terms, subject to

removal only for cause.


ARTICLE IV (1885 as amended)

EXECUTIVE DEPARTMENT


No Comparable Section (Cont.)


Section 15. REMOVAL OR SUSPENSION OF OFFICERS.
(Portion of Section)

All officers that shall have been appointed or

elected, and that are not liable to impeachment,

may be suspended from office by the Governor for

malfeasance, or misfeasance, or neglect of duty in

office, for the commission of any felony, or for


Section 7. SUSPENSIONS FILLING OFFICE

DURING SUSPENSIONS.--

(a) By executive order stating the grounds

and filed with the secretary of state, the gover-

nor may suspend from office any state officer not

subject to impeachment, any officer of the militia









ARTICLE IV (HJR 1-2X)
EXECUTIVE


not in the active service of the United States,

or any county officer, for malfeasance, misfeasance,

neglect of duty, drunkenness, incompetence, perma-

nent inability to perform his official duties, or

commission of a felony, and may fill the office by

appointment for the period of suspension. The

suspended officer may at any time before removal

be reinstated by the governor.


ARTICLE IV (1885 as amended)
EXECUTIVE DEPARTMENT


drunkenness or incompetency, and the cause of

suspension shall be communicated to the officer

suspended and to the Senate at its next session.

And the Governor. (IV, 7b). .may remove any

officer, not liable to impeachment, for any cause

above named. .. .(IV, 7b). .. the officer sus-

pended shall, upon the recommendation of the

Governor, be removed; but the Governor may rein-

state the officer so suspended upon satisfactory

evidence that the charge or charges against him

are untrue. .(IV, 7b). .. The Governor shall

have power to fill by appointment any office, the

incumbent of which has been suspended. No officer

suspended who shall under this section resume the

duties of his office, shall suffer any loss of

salary or other compensation in consequence of such

suspension. The suspension or removal herein

authorized shall not relieve the officer from

indictment for any misdemeanor in office.

(See also III, 17by IV, If).







ARTICLE IV (HIR 1-2X)
EXECUTIVE


(lb) The senate may, in proceedings pre-

scribed by law, remove from office or rein-

state the suspended official and for such pur-

pose the senate may be convened in special

session by its president or by a majority of its

member sh ip.










(c) By order of the governor any elected

municipal officers indicted for crime may be

suspended from office until acquitted and the

office filled by appointment for the period of

suspension,not to extend beyond the term, unless

these powers are vested elsewhere by law or the

municipal charter.


Section 8. CLEMENCY.--

(a) Except in cases of treason and in cases

where impeachment results in conviction, the

governor may, by executive order filed with the


ARTICLE IV (1885 as amended)
EXECUTIVE DEPARTMENT


Section 15. REMOVAL OR SUSPENSION OF OFFICERS.-

(Portion of Section)

.(IV, 7a). by and with the consent of

the senate. (IV, 7a). .Every suspension shall

continue until the adjournment of the next session

of the Senate, unless. (IV, 7a). If the

Senate shall refuse to remove, or fail to take

action before its adjournment, the officer sus-

pended shall resume the duties of the office...

(IV, 7a)...


No Comparable subsection














Section 11. REPRIEVES; SUSPENSION OF FINES;

ETC.-- (Portion of Section)

The Governor shall have power to suspend the

collection of fines and forfeitures, and grant









ARTICLE IV (HJR 1-2X)
EXECUTIVE


secretary of state, suspend collection of fines

and forfeitures, grant reprieves not exceeding

sixty days and, with the approval of three

members of the cabinet, grant full or condi-

tional pardons, restore civil rights, commute

punishment, and remit fines and forfeitures for

offenses.


ARTICLE IV (1885 as amended)
EXECUTIVE DEPARTMENT


reprieves for a period not exceeding sixty days,

for all offenses, except in cases of impeachment.

...IV, 8(b). ,He shall communicate to the

Legislature, at the beginning of every session,

every case of fine or forfeiture remitted, or

reprieved, pardon or commutation granted, stating

the name of the convict, the crime for which he was

convicted, the sentence, its date, and the date of

its remission, commutation, pardon or reprieve.

Section 12. PARDON BOARD.-- The Governor,

Secretary of State, Camptroller, Attorney General

and Commissioner of Agriculture or a major part of

them, of whom the Governor shall be one, may upon

such conditions, and with such limitations and

restrictions as they may deem proper, remit fines

and forfeitures, commute punishment and grant

pardon after conviction, in all cases except treason

and impeachment subject to such regulations as may

be prescribed by law relative to the manner of

applying for pardons.






ARTICLE IV (KJR 1-2X)
EXECUTIVE


(lb) In cases of treason the governor may

grant reprieves until adjournment of the regular

session of the legislature convening next after

the conviction, at which session the legislature

may grant a pardon or further reprieve; other-

wise the sentence shall be executed.














(c) There may be created by law a parole

and probation commission with power to supervise

persons on probation and to grant paroles or

conditional releases to persons under sentences

for crime. The qualifications, method of

selection and terms, not to exceed six years, of

members of the commission shall be prescribed

by law.


ARTICLE IV (1885 as amended)
EXECUTIVE DEPARTMENT


Section 11. REPRIEVES; SUSPENSION OF FINES;

ETC.-- (Portion of Section)

...(IV, 8a). In cases of conviction, for

treason he shall have power to suspend the

execution of sentence until the case shall be

reported to the Legislature at its next session,

when the Legislature shall either pardon, direct

the execution of the sentence, or grant a further

reprieve; and if the Legislature shall fail or

refuse to make disposition of such case, the

sentence shall be enforced at such time and place

as the Governor may direct. ..(IV, 8a)...


ART. XVI, Section 32. LEGISLATURE MAY CREATE

PAROLE COMMISSION.-- The Legislature may create

a Parole Commission empowered to grant paroles or

conditional releases or probation under official

supervision to prisoners or persons charged with

criminal offenses, and may provide for the quali-

fication and method of selecting the Commission

members and for their term of office the length of

which shall be wholly within the discretion of the

Legislature.







ARTICLE IV (1885 as amended)
EXECUTIVE DEPARTMENT


Section 30. GAME AND FRESH WATER FISH

-COMMISSION: POWERS, DUTIES, ETC.--

(1) From and after January 1, 1943, the manage-

ment, restoration, conservation, and regulation of

the birds, game, fur-bearing animals, and fresh-

water fish,of the State of Florida, and the ac-

quisition, establishment, control, and management,

of hatcheries, sanctuaries, refuges, reservations,

and all other property now or hereafter owned or

used for such purposes by the State of Florida, shall

be vested in a Commission to be known as the Game

and Fresh Water Fish Commission. Such Commission

shall consist of five members, one from each

congressional district, as existing on January 1,

1941, who shall be appointed by the Governor, sub-

ject to confirmation by the Senate. The members so

appointed shall annually select one of their

members as Chairman of the Commission.

(2) The first members of the Commission shall

be appointed on January 1, 1943, and shall serve

respectively for one, two, three, four, and five

years. At the expiration of each of such terms, a


ARTICLE IV (HJR 1- 2X)
EXECUTIVE


Section 9. GAME AND FRESH WATER FISH

COMMISSION.-- There shall be a game and fresh

water fish commission, composed of five members

appointed by the governor for staggered terms of

five years. The commission shall exercise the

non-judicial powers of the state with respect to

wild animal life and fresh water aquatic life,

except that all license fees for taking wild

animal life and fresh water aquatic life and

penalties for violating regulations of the

commission shall be prescribed by specific statute.







ARTICLE IV (HJR 1-2X)
EXECUTIVE


Section 9. GAME AND FRESH WATER FISH

COMMISSION.-- CONTINUATION


ARTICLE IV (1885 as amended)
EXECUTIVE DEPARTMENT


successor shall be appointed to serve for a term

of five years.

(3) The members of the Commission shall receive

no compensation for their services as such,but

each Commissioner shall receive his necessary

traveling or other expenses incurred while engaged

in the discharge of his official duties, but such

shall not exceed the sum of $600.00 in any one year.

(-4) Among the powers granted to the Commission

by this section shall be the power to fix bag limits

and to fix open and closed seasons, on a state-wide,

regional or local basis, as it may find to be

appropriate, and to regulate the manner and method

of taking, transporting, storing and using birds,

game, fur-bearing animals, fresh-water fish,

reptiles, and amphibians. The Commission shall also

have the power to acquire by purchase, gift, all

property necessary, useful, or convenient, for the

use of the Commission in the exercise of its powers

hereunder.

(5) The Commission shall appoint, fix the

salary of, and at pleasure remove, a suitable






ARTICLE IV (HJR 1-2X)
EXECUTIVE


Section 9. GAME AND FRESH WATER FISH

COMMISSION.-- CONTINUATION


ARTICLE IV (1885 as amended)
EXECUTIVE DEPARTMENT


person, as Director, and such Director shall have

such powers and duties as may be prescribed by the

Commission in pursuance of its duties under this

section. Such Director shall, subject to the

approval of the Commission, appoint, fix the

salaries of, and at pleasure remove, assistants,

and other employees who shall have such powers and

duties as may be assigned to them by the Commission

or the Director. No Commissioner shall be eligible

for any such appointment or employment.

(6) The funds resulting from the operation of

the Commission and from the administration of the

laws and regulations pertaining to birds, game,

fur-bearing animals, fresh-water fish, reptiles,

and amphibians, together with any other funds

specifically provided for such purpose shall con-

stitute the State Game Fund and shall be used by

the Commission as it shall deem fit in carrying

out the provisions hereof and for no other purposes.

The Commission may not obligate itself beyond the

current resources of the State Game Fund unless

specifically so authorized by the Legislature.








ARTICLE IV (KJR 1-2X)
EXECUTIVE


Section 9. GAME AND FRESH WATER FISH

COMMISSION.-- CONTINUATION















NO COMPARABLE SECTION














NO COMPARABLE SECTION


ARTICLE IV (1885 as amended)
EXECUTIVE DEPARTMENT


(7) The Legislature may enact any laws in aid

of but not inconsistent with, the provisions of

this amendment, and all existing laws inconsistent

herewith shall no longer remain in force and

effect. All laws fixing penalties for the violation

of the provisions of this amendment and all laws

imposing license taxes, shall be enacted by the

legislature from time to time.



Section 17. BOARD OF COMMISSIONERS OF STATE

INSTITUTIONS.-- The Governor and the administrative

officers of the Executive Department shall constitute

a Board of Commissioners of State Institutions,

which Board shall have supervision of all matters

connected with such institutions in such manner

as shall be prescribed by law.


ART. XVIII, Section 8. COMMISSIONER OF LANDS AND

IMMIGRATION TO ASSUME OFFICE OF COMMISSIONER OF

AGRICULTURE.-- Upon the radification [sic] of this

Constitution the Commissioner of Lands and Imm~iga-

tion [sic] shall assume the office of Commissioner of









ARTICLE IV (HIR 1-2X)
EXECUTIVE


ARTICLE IV (1885 as amended)
EXECUTIVE DEPARTMENT


..Agriculture and his duties as such shall be pre-

scribed by the first Legislature assembled under

this Constitution.


ART. XVI, Section 20. CERTIFICATE OF ELECTION TO

HOUSE OF REPRESENTATIVES OR SENATE OF UNITED STATES:

PREREQUISITE.-- The Governor and every State

officer are hereby prohibited from giving certifi-

cates of election or other credentials to any per-

son as having been elected to the House of Repre-

sentatives of the United States Congress or the

United States Senate, who has not been five years a

citizen of the State and ten years a citizen of the

United States, and a qualified voter.


NO COMPARABLE SECTION









ARTICLE VI (SJR 4-2X)
SUFFRAGE AND ELECTIONS



Section 1. REGULATION OF ELECTIONS.--

All elections by the people shall be by direct

and secret vote. General elections shall be

determined by a plurality of votes cast.

Registration and elections shall, and politi-

cal party functions may, be regulated by law.


ARTICLE VI (1885 as amended)
SUFFRAGE AND ELIGIBILITY



Section 6. ELECTIONS; METHOD OF VOTING.--

(Portion of Section) .. (VI, deleted) ...

and in all elections by the people, the vote

shall be by ballot.



Section 9. LEGISLATURE TO ENACT LAWS TO

PRESERVE PURITY OF BALLOT.-- The Legislature

shall enact such laws as will preserve the purity

of the ballot given under this Constitution.



ART. XVI, Section 8. DETERMINATION OF CHOICE

AT ELECTIONS.-- A plurality of votes given at an

election of officers shall constitute a choice

when not otherwise provided by this Constitution.


Section 2. REGISTRATION OF ELECTORS.--

The legislature, at its first session- after the

ratification of this constitution, shall provide

by law for the registration of all the legally

qualified voters in each county, and for the

returns of elections; and shall also provide