art. xx constitution of the state of ... -...

ART. XX CONSTITUTION OF THE STATE OF FLORIDA ART. XX

quent to said referendum election at which electors for President of the United States are voted for; and if any such law respecting the assessment and collection of municipal taxes and assessments, or either of them, by county tax officers is accepted and ratified at the referendum election as provided herein, the same shall become effective on the first day of January next succeeding such referendum election.

Hlotory.-Added, S.J.R. 663, 1946; adopted 1946.

SECTION 2. Referendum election.-Before any law described in the preceding section of this Article shall be of any force and effect, it shall be accepted and ratified by a majority vote of the qualified electors of Orange County, Florida, at a referendum election to be called and held for the purpose of determining whether such law shall be accepted and ratified or rejected by the qualified electors of said county. Such referendum election shall be held within ninety days after the effective date of any such law. The board of county commissioners shall

provide for the holding of any such referendum election and notice thereof shall be published by said Board once each week for at least four successive weeks immediately next prior to the date of such election in a newspaper of general circulation in said county. Except as herein otherwise provided, the laws of the state relating to the holding of general elections shall cover the holding of any such referendum election. If any such law shall be accepted and ratified by the majority of electors participating in any such referendum election, such law shall become and be in full force and effect, but if at any such election a majority of the electors participating therein shall vote against the acceptance and ratification of such law, it shall be null and void and of no force and effect. The canvassing board of such county shall certify the result of any such referendum election to the secretary of state within ten days after the holding thereof.

Hlotor;y -Added, S.J.R. 668, 1946; adopted 1946.

4051

INDEX TO CONSTITUTION OF FLORIDA

Abbreviation: "DR"-Declara.tion of Rights.

ArL ABUSE

Liberty of speech and pre~;~s DR

ACCOUNTS Method of payment; audit; comp

troller ---------------- 4 Public money; receipts, expenditures 3

ACCUSED see: CRIMES: CRIMINAL PROSECUTIONS; COSTS; ATTORNEYS AT LAW

ACQUISITION OF PROPERTY DR

ACQUITTAL Double jeopardy prohibited DR

ACTIONS Civil; appellate jurisdiction __ .............. 5 Civil jury trials, location in certain

cities Brevard county 16 Dade county ___ 16 Highlands county 16 Pasco county 16 Pinellas county 16 Volusia county 16

Constitution, ertect of adoption _____ 18 Criminal prosecutions see: CRIMI-

NAL PROSECUTIONS Jurisdiction see: JURISDICTION Libel, evidence DR Limitations

1 shortening time ___ 3

Referee, tnal before ········---- 5 State, against 3 Venue see:· VENUE

AD VALOREM TAXES s~: TAXATION

ADJUTANT GENERAL see: MILITIA

ADMINISTRATIVE OFFICERS see also: OFFICE!tS Board of state institutions, com-

posed of ------ 4 Civil service systems and boards,

establishment ·-···········-·-·--········· 16 Designation 4 Election 4 Governor's cabinet 4 Impeachment 3 Information

Furnishing to governor 4 Furnishing to legislature 4

Installation, time 4 Offices, location of 16 Reports to governor 4 Salaries __ 4

Payment ___ 16 Seat of government 16 Term of office 4

ADOPTION Children; special or local laws pro-

hibited 3 Constitution

Announcement of 18 Convention, certification of copy

on adjournment 18 Copies, publication 18

Sec.

13

23 19

1

12

6

4D 4F 4C 4E 4A 4B

1

13 33 21 22

27

34 20 20 20 29

5 27 28 10 27 29

3 10 20

20

12

11 12

ArL ADOPTION (cont.)

Constitution (cont.) County officers, commencement

of terms ------- 18 Court's jurisdiction to continue .... 18 Laws continued in force ______ 18 Lieutenant governor, office con-

tinued 18 Officers, continuing in office__ 18 Superseded, constitution of 1868_ 18

AFFIRMATIONS see: OATHS AND AFFIRMATIONS

AGED Benefits for ________ 13

AGRICULTURE see: COMMISSIONER OF AGRICULTURE

ALACHUA COUNTY Superintendent of public instruc

tion, appointment ··············-······------- 12 ALCOHOLIC LIQUORS see: LOCAL

OPTION; INTOXICATING LIQ-UORS

ALIENS Naturalized as citizens; electors__ 6 Property rights R

AMENDMENTS Bills in legislature 3 Constitution of Florida -----------··········· 17 Constitution of United States _________ 16 Criminal statutes, effect of amend-

ment of law Laws

3

Recommendations -·························· 5 Re-enactment and publication at

length --------------- __________ 3 Section, subsection or paragraph 3

APPEAL AND ERROR Circuit court to supreme court. .. _. 5 County court

Appeals from ··-·---·····················- 5 To circuit court .... ·--·-··--····················· 5

Criminal courts o:f. record, circuit court ·················-······-········-· 5

District courts o:t. appeal to supreme court ·························-······-··--·-·----------·· 5

Florida industrial commission orders to district court o:t. appeaL____ 5

Justice of peace io Circuit court ·-·--··-·-··············-··-········- 5 Criminal cases, trial de novo __ 5 Trial de novo, optionaL__________________ 5

Mayor's court to circuit court______ ______ 5 Municipal court to circuit court;

procedure, etc. ···-··-······-······-··-··· 5 Probate jurisdiction_····-··-····················· 5 Referee, cases tried before.................. 5 Supreme court, jurisdiction __ ···-····-· 5

APPOINTMENTS TO OFFICE Adjutant general

Militia 4 National guard 14

Brigadier generals, militia 14 County commissioners ··------ 8 Court commissioners ·-···-··-··-· 5

4052

Sec:.

14 13

2

4 3 1

8

2B

1 18

14 1-4 19

32

6

16 16

4

6 6

6

4

26

6 11 11 6

6 5

21 4

16 5 3 5 6


APPOINTMENTS TO OFFICE (cont.) Art. Game and fresh water fish commis-

sion members 4 Legislators to certain offices pro-

hibited 3 Major generals 14 Mill~~~~ 4 National guard ___ 14 Officers, state and county 3 Tax assessors, assistants 8 Vacancies

Appointment by governor ___ 4 Created, by suspension 4 Elective offices 18 Judges ·····································-----·· 5 Term of appointees to fill 18

APPORTIONMENT Circuit judges ···················-··················· 5 Constitutional convention, members 17 County school funds 12 Legislature, members 7 Pari-mutuel pools; taxes 9 State school fund ---------- 12 Taxes on intangible pl'operty __ 9

APPROPRIATIONS Bills, one subject 3 Claim bills; extra compensation._ 16 County school fund ---------- 12 Public money to corporations, asso-

ciations, etc., prohibited 9 State school fund _______ 12 State treasury, prerequisite to draw-

ing money from ___ 9 Supreme court library 16 Two-thirds vote required, when _ 16 Veto of separate items 4

ARMS Public, safe keeping of 14 Right to bear ____ __ __ R

ARMY see: MILITIA ARRAIGNMENT R ARRESTS

Justices of the peace; process ... ·--·-· 5 ASSEMBLE

Right of people R ASSESSMENTS see: TAXATION ATTAINDER, BILLS OF

Forbidden __________ R

ATTORNEY GENERAL A~mi~i~trative officer; elected __ 4 CircUit JUdges; report defects in law

to .......................................................... 5 Duties 4 Election _____ 4 Governor, report to 4 Legislature, report to, advisable

legislation .......................................... 5 Office at seat of government ____ 16 Outdoor re_cre<l;tional development;

bond validation proceedings handling --------------------- ' 9

Pardon board, member of 4 Salary --------- 4 State board of education· member

ot ------------------ ' 12 Supreme court reporter 4 Term of office _______ 4

ATTORNEYS AT LAW Accused persons; counsel .DR Admissi011 and discipline; supreme

court, exclusive jurisdiction.......... 5

Sec.

30

8,7 3

16 5

27 7

'1 15

6,7 14 6

6 2 9

3,4 15 7 1

30 11 9

10 4

4 27 11 18

2 20

10

11

ATTORNEYS AT LAW (cont.) Art. Court commissioner; qualifications

as ················---···········-·-··--·--················· 5 Judges to be 5 Referee; civil causes 5

AUTOMOBILES see: MOTOR VEHICLES

Sec.

6 13,13A

21

BAG LIMITS see: FISHING AND HUNTING BAIL

Capital cases; sureties in lesser of-fenses ________ _______ DR 9

Excessive amounts prohibited ___ DR 8 Right to R 9

BAKER COUNTY Superintendent of public instruc-

tion, appointment ............................ 12 2B BALLOT See: ELECTIONS BASTARDS

Legitimizing, special or local laws 3 20 BEARING ARMS

Right R 20 BENEVOLENT INSTITUTIONS

Support by state 13 1 BETTING

Elections, effect of conviction __ 6 IS Pari-mutuel pools, distribution of

excise tax on 9 15 BILLS see: LEGISLATIVE BILLS BILLS OF ATTAINDER

Forbidden R BLIND PERSONS

Institutions for, support 13 BOARD OF ADMINISTRATION ___ 9

Institutions of higher learning and junior colleges capital outlay and debt service trust fund; fiscal agent -------------------------·-······· 12

Outdoor recreational development; fiscal agent ---------- 9

BOARD OF COMMISSIONERS OF STATE INSTITUTIONS ----- 4

17

1 16

19

17

17 15 BOARD OF COUNTY COMMISSION

ERS see: COUNTY COMMISSIONERS

17

20

6 22 20 27

BOARD OF EDUCATION 12 Capital outlay, debt service achool

fund, administration _______ 12 Institutions of higher learning and

junior colleges capital outlay and debt service trust fund, adminis-tration, etc. 12

BOARD OF HEALTH 15

3

18

19 1-3

BOARD OF PARDONS 6 Commutations of sentences 4 12

ro M~b~ 4 u BOARD OF PUBLIC INSTRUCTION

17 Capital outlay, debt service, funds 12 for 12 18 29 Capital outlay projects, funds for .... 12 19

Disbursement of county school 3 funds 12 9

22 BONDS 20 Board of administration, power to

issue 9 16 11 Corporate

Issuance; referendums 9 8 23 Taxation to pay interest on--- 9 7

4053

INDEX 1'0 CONS1'11'U1'ION OF FLORIDA

BONDS (cont.) Art. County off1cers

Amount, condition and approval 8 Qualifications of sureties ___ 16 Sureties 8

District, issuance of, conditions _ 9 Elections, when required 9 Institutions of higher learning and

junior colleges, authorizing the issuance of bonds 12

Mun1c1pal, conditwns for issuance _ 9 Outdoor recreational development;

source of financing 9 Payment of special tax school dis-

trict bonds 12 Public off1cials 16 Referendum, for issuance 9 Refunding; district and municipal 9 Road and bridge districts; gasoline

tax revenue 9 Schools

Capital outlay, debt service; issuance; financing 12

Special tax districts 12 State officers, qualification of

sureties ·······················-···-··-··-··-··· 16 State, power to issue 9 Surety companies as bondsmen__ 16 Treasurer; keep official sureties _ 4

BOUNDARIES County commissioners' districts __ 8 Judicial circuits ........................... ....... 5 Jurisdiction over suits involving__ 5 Justice of peace districts, legislative

power over ........................................ 5 State 1

BREVARD COUNTY Branch court house, civil jury

trials in 16 Superintendent of public instruc-

tion, appointment .............................. 12 BRIBERY

Elections 3 Public office, disqualification ___ 6 Suffrage, disqualification 6

BRIGADIER GENERAL Appointment, rank 14

BROWARD COUNTY Assessment, collection, all taxes

levied ------------·· 8 Superintendent of public instruc-

tion, appointment .............................. 12

BUREAU OF IMMIGRATION __ 18

CABINET. STATE Attorney general as advisor ___ 4 Installation of officers _______ 4 Members; governor's assistants _ _ 4 Officers' reports to governor ................ 4 Salaries 4

CANALS see: SHIP CANAL

CANCELLATION OF TAXES ··----- 9

CAPITAL CRIMES see: CRIMES

CAPITAL OUTLAY: DEBT SERVICE SCHOOL FUND

· Deposits in; use .................................. 12 CAPITATION TAX see: TAXATION CAPITOL see: SEAT OF GOVERN

MENT CARRIERS see: COMMON CAR

RIERS

Sec.

7 13 7 6 6

19 6

17

17 13 6 6

16

18 17

13 6

13 24

5 6 6

11

4D

2B

26 5 5

3

18, 19

2B

8

22 28 20 27 29

8

18

CENSUS Art. Apportionment; legislative repre-

sentation 7 Federal to be used as state ___ 7

CERTIFICATE OF ELECTION United States senators and repre

sentatives CERTIORARI

Court of record, Escambia county,

16

issuance by ........................................ 5 Di~trict courts of appeal and judges,

1ssuance by ........................................ 5 Issuance of writ

Circuit court ...................................... 5 Supreme court .................................. 5

Return of writ ........................................ 5 Who may issue 5

CHALLENGE TO FIGHT DUEL Disqualifies as office holder ___ 6

CHANCERY Circuit courts jurisdiction.................. 5

CHARITABLE PURPOSES Corporate property------- 16 Tax exempt property 9

CHARLOTTE COUNTY Superintendent of public instruc-

tion, appointment .............................. 12 CHARTERED COMPANIES see:

CORPORATIONS CHIEF JUSTICE see: SUPREME

COURT CHIEF MAGISTRATE

Governor as CHILDREN see: INFANTS CHURCHES

4

Preferences prohibited DR Public money for aid, prohibited _j)R

CIRCUIT COURTS Appeals to supreme court.................. 5 Appellate jurisdiction ........................ 5 Certiorari, power, to issue writ........ 5 Chancery jurisdiction 5 Circuits, number limited; reappor-

tionment ............................................ 5 Clerk

Compensation Constitution, copies, transmittal

8

to 18 County auditor, to act as.................. 5 County commissioners clerk.......... 5 County court clerk............................ 5 Deputies 16 Duties, powers .................................. 5

8 Election .............................................. 5

8 18

Recorder, county ··························-·· 5 Residence, place of ------ 16 Term of office.................................... 5

8 Court commissioners, appointment.. 5 Duval county; additional judge........ 5 Grand jury; summons --,----VR Habeas corpus, power to issue writ. . 5 Indictment and information, of-

fenses triable in criminal courts of record 5

Injunctions, power to issue................ 5 Judges

Additional .......................................... 5 Age requirement .............................. t5 Assignment --------- 5

4054

Sec.

3 6

20

10

5

6 4

4,5 4-6, 10

5

6

16 1

2B

1

15 6

4 6 6 6

15

6

12 6 6 6 4 6 6 I! 6

10 6 4 6 6 6

26 10

6

9 I!

6, 26 13

2


CIRCUIT COURTS (cont.) Judges (cont.)

Conservator of the peace .............. .. Court commissioners, appoint-

ment .............................................. .. Discipline, procedure for __ _ Duval county .................................. .. Election ............................................ .. Exchange of circuits ...................... .. Impeachment --------

Judicial qualifications commis-sion, composition, duties, etc. _

Number ............................................. . Powers .............................................. .. Prohibited activities ....................... . Qualifications Recall to duty .................................. .. Reduction of number of; effect.. .. .. Removal, procedure for ___ _ Reports to attorney general.. ........ .. Residence ........................................ .. Retired justice or judge, compen-

sation when assigned to service Retirement ... Salary ................................................. . Salary and expenses ...................... .. Selection, procedure for ____ _ Supplemental salaries, authorized Supreme court, subject to call .... .. Term ................................................... .

Duval county ...... - ....................... .. Second circuit .............................. ..

Vacancy in office, how filled ........ .. Writs; issuable by ............................ ..

Judicial circuits see: JUDICIAL CIRCUITS

Judicial power established ................ .. Jurisdiction

Additional circuits ......................... . Appellate ........................................... . Chancery ........................................... . Forcible entry and unlawful

detainer ---------· Mandamus, power to issue ............. . Original ............................................. . Prohibition, power to issue writ.. .. Quo warranto, power to issue writ

Monroe county .................................... .. Procedure, practice ............................ .. Rules for court's operation .............. .. Second circuit; additional judge ...... .. ~upreme justices assigned to ............ ..

erms, general .................................... .. Trial de novo, when ............................ .. Writs

Issued by supreme court; return-Po~~~ i;;··~~~~e ................................... .

CIRCUIT JUDGES .... ;;;:· ... CIRCUIT COURTS .

CIRCUITS see: JUDICIAL CIRCUITS CITIES AND TOWNS see: MUNICI

PAL CORPORATIONS

CITIZENS

Art.

5

5 5 5 5 5 3 5

5 5 5 5 5 5 5 5 5 5

5 5 5 5 5 5 5 5 5 5 5 5

5

5 5 5

5 5 5 5 5 5 5 5 5 5 5 5

5 5

Allegiance DR Electors ---- - ------ .. ·- - - 6 Enunciation of rights in constitu-

tion -----··-----··--------DR Income tax prohibited ....... ___ 9 National elections, eligibility of

electors not meeting qualifica-tions to vote ......... ________ ...... ____ 6

Property rights of foreigners DR

Sec:.

25

6 17A

26 15 2

29 17

17A 6 6

18 13, 13A

19 24

17A 6

6,26

19 17, 17A

26 19

17A 19

2,19 15, 16

28 26 14 6

1

6 6 6

6 6 6 6 6 6 3 3

26 2

16 11

4 6

2 1

24 11

1 18

CIVIL ACTIONS see: ACTIONS Art. CIVIL JURY TRIALS see: ACTIONS, JURY CIVIL POWER

Military subordinate to DR CIVIL RIGHTS

Restoration 6 CIVIL SERVICE SYSTEMS AND BOARDS

Establishment ........................................ 16 CLAIMS

Appropriations to pay 16 Bills 16 Continuance of validity after adop-

tion of constitution 18 CLERKS

County commissioners ........................ 5 Courts see: Specific courts House of representatives, to sign

bills 3 COLLECTIVE BARGAINING

Labor organizations R COLLECTOR OF TAXES see: TAX

ASSESSORS AND COLLECTORS COLLEGES

Board charged with responsibilities of, term of office _...................... 16

Capital outlay, issuance of bonds for 12

COLLIER COUNTY Superintendent of public instruc-

tion, appointment .............................. 12

COLORED PERSONS Children in separate schools ___ 12 Intermarriage with white persons

prohibited 16 COMMANDER IN CHIEF

Governor to be 4

COMMISSIONER OF AGRICULTURE Administrative officer --,.....,---,Commissioner of lands and immi-

gration Duties

14

4

18 4

18 Election 4 Impeachment 3 Office at seat of government ___ 16 Pardon board member .. ...... ___ __ 4 Public lands, amendment eliminat-

ing duty re ------------ ------------ 4 Reports to governor 4 Salary 4 State prison, supervision _____ 4 Term of office 4

COMMISSIONERS County see: COUNTY COMMIS-

SIONERS Court ........................................................ 5 Deeds _____ , _______ 16 Lands and immigration, commis-

sioner of - - - -------- 18 State institutions, board of____ 4

COMMISSIONS County officers 8 Game and fresh water fish ______ 4 Issuance in name of state by

governor ..... ... ---·------COMMITTING MAGISTRATE

4

County judge, as.................................... 5 Judicial officers, as ............................. _ 5

4055

Sec.

21

4

34

11 11

1

6

17

12

7

19

2B

12

24

4 6

20

8 26 8

20 29 10 12

26 27 29 26 20

6 15

8 17

7 30

14

7 25


COMMON CARRIERS Art. Abuses and discrimination by __ 16 Free passes, discount fares 16 Regulation of 16

COMMUTATION OF PUNISHMENT see: PUNISHMENT

COMPENSATION AND SALARIES Adjutant general 4 Appropriation S Attorney general 4 Cabinet officers; governor 4 Circuit court judges-----------··- 5 Clerk

Circuit court 8 Criminal court of record ........... _____ 5

Commissioner of agriculture ___ 4 Comptroller -------- --- ---- 4 Condemnation of property 16

DR Constables 8 County

Commissioners 8 Escambia county; salaries; dis-

position of fees 8 Judge 5 Payment from general county

fund 12 Prosecuting attorney --------------- 5 School officers 12 Superintendent of public instruc-

tiOn 8 Surveyor 8 Tax assessors and collectors; as-

sistants 8 Court commissioners ------·-···--·------------ 5 Criminal courts of record, judges.... 5 Deduction for neglect of duty __ 16 District courts of appeal, judge ------ 5 Drainage over another's land __ 16 Elective officer, fixing 3 Escambia county

County officers, salaries; disposi-tion of fees·-----------··· -·····----------------- 8

Court of record, officers of ___ 5 Extra; forb1dden a1ter contracts

completed 16 Fees

Esc';tmbi~ .county, county officers; dlSPOSltlon ···························-······· 8

Sheriff as executive officer___________ 5 Special or local laws 3

Game and fresh water fish commis-sion, members --------------- 4

Governor 4 Judges and justices............................ 5 Jury, local or special laws S Law, fixed by, when constitution

silent S Legislators S Milit1a, officers 4 Monthly payment 16 Prosecuting attorneys ---------------------·· 5 Public officers 3 Reinstated officers 4 School teachers; payment from dis-

trict school tax 12 Secretary of state 4 Sheriffs _ __ _ _ 8 Spec1al or local laws S State administrative officers ___ 4

Payment --------------------- 16 State superintendent of public in-

structlOn -····· 4 State treasurer 4 Supreme court justices .. ·-·-··~--··-··· 5

Sec. 30 31 so

16 30 29 29

19,26

8 9

29 29 29 12 6

6

23 7

15 8, y

15

6 6

6, 7 6 9

18 19 28 27

23 10

11

23 9

20

so 29 19 20

27 4

16 3

8,9 30 15

11 29

6 20 29 s

29 29 19

COMPENSATION AND SALARIES Art. (cont.) Tax assessors and collectors ___ 8

Broward county 8 Hillsborough county 8 Pinellas county 8 Saint Lucie county 8 Volusia county 8

COMPTROLLER Admimstratlve officer 4 Auditor of state accounts 4 Board of administration, member of 9 Bonds

Approval of; county officers __ 8 Issuance 4

Cabinet officer 4 Duties 4 Election 4 Impeachment S Office at seat of government ___ 16 Pardon board, member of 4 Report to governor 4 Salary 4 State treasury, drawing orders on_ 4 Term of office 4

COMPULSORY PROCESS Accused to have DR Legislative committees to have__ 3

CONDITIONAL RELEASES Parole commission may grant __ 16

CONGRESSMEN Qualifications --------- 16

CONSCIENCE Liberty of _________ _uR

CONSERVATION Game and fresh water fish commis-

sion 4 Salt water fish -------- 16

CONSERVATORS OF THE PEACE Judicial officers as .. ·-·····-··-------··· 5

CONSTABLE3 Compensation ---------Duties ···-··-···-··-·····-----------···

8 5 8

Election __ ------ 5 8

Justice districts, Powers

18 election.___________ 5

Term of office --------CONSTITUTION OF FLORIDA, 1868

Actions; contracts under, continued

8 8

in force 18 Exemptions; application 10 Fines under, continue due 18 Forfeitures under, continue due_ 18 Laws; continued in force ____ 18 Officers under, continue according

to commission 18 Penalties under, continue due __ 18 Rights under, continued in force __ 18 Superseded by constitution of 1885 18 Taxes under, continue due ----- 18 Vacancies before election of 1888

filed according to law - - - - 18 CONSTITUTION OF FLORIDA. 1885

Certify copy to governor__ 18 Method to amend or revise --- 17

CONSTITUTION OF UNITED STATES Alcoholic liquors; 18th amendment 1g Convention or legislature may act

on amendments 16 Oath to defend 6

4056

Sec.

6, 7 18,19 12,13 20,21 14, Hi 16,17

20 23 16

7 24 20 23 20 29 10 12 27 29 24 20

11 10

32

20

s

30 33

25

8 11

6 11

6 10 11

6 6

1 3 1 1 2

3 1 1 1 1

5

11 1-4

4

19 3


CONSTITUTIONAL CONVENTION Art. Leg1slature; call upon vote of mem-

bers _ 17 President; copy of constitution to

governor 18 CONTEMPT

Leg1slature ---------CONTRACTS

3

Constitution of 1868, under-----:--:-- 18 Extra compensauon after making

of ------------- 16 Homestead, purchase 10 Impairment of oblJgations DR Marr1ed women ____ 11

CONVEYANCES see: DEEDS AND CONVEYANCES

CORPORATIONS Chartered companies

Issuance of bonds :::-----Taxation for benefit

Condemnation of property, compensation----------- 16

DR General law for formation _ 3

9 9 9

Industries; motion picture; tax exemptions ------------- 9

Manufacturers; industries; tax ex-emptions; time limit ________ 9

Municipal see: MUNICIPAL CORPORATIONS

Pledge of credit by state, counties or cities prohibited ________ 9

Special laws relating to; prohibited 3 State tax for benefit of, prohibited_ g Stockholder, state, counties, etc., as 9 Taxation of property; certain ex-

emptions - -------CORRUPTION OF BLOOD

16

Conviction of treason, not to work_DR COSTS

Accused to pay upon conviction__j)R County to pay in certain criminal

cases ------------ 16 Habeas corpus, grantablE> without DR

COUNSEL see: ATTORNEYS AT LAW COUNTIES

Additional territory 8 Auditor ----······················-·····--····-·-·-- 5 Bonds

Issuance, powers 9 State tax for payment prohibited 9

Boundary lines, change ________ 8 Branch offices, maintaining ___ 16 Broward county, assessment and

collection of all taxes levied__ 8 Commissioners see: COUNTY

COMMISSIONERS Corporations; loans prohibited __ 9 Costs, criminal cases; county to pay

in certain cases _ _ __________ 18 County seat see: COUNTY SEAT Courts see: COUNTY COURTS Dade county; home rule charter...... 8 Debt of county from which terri-

tory acquired, liability ----Districts

8

Commissioners 8 Justice of peace................................ 5 School 12

Duval; merged with city of Jack-sonville ------ ---- 8

Fines and forfeitures ------ 16 Gasoline tax; distribution and use 9 Health, boards of 15 Hiiisborough county

Assessment and collection of all taxes levied 8

Sec:.

2

11

9

1

11 1

17 2

7 6 7

29 12 25

14

12

10 25

7 10

16

23

14

9 7

3 6

6 7 3

4A-4F

18,19

10

9

11

3

5 11 10

9 9

16 1,3

COUNTIES (cont.) Art. Hillsborough county (cont.)

Home rule charter 8 Home rule charier

Dade county 8 Hillsborough county ______ 8

Interest on state school fund, ap-portionment -------- 12

Jacksonville; Duval county merged 8 Judges see: COUNTY JUDGES Judicial circuits, assignments .......... - 5 Justice of the peace, districts________ 5 Juvenile court ·-··-··-·---·-·········-·--··-·--····· 5 Monroe; merged with city of Key

West 8 New

County seat 8 Establishment, boundaries __ 8 Liability for proportion of county

debts 8 Senatorial district ____ 7

Officers see: COUNTY OFFICERS Pari-mutuel pools: tax allocation_ 9 Pinellas county, assessment and col-

lection of all taxes levied____ 8 Poor and aged persons; provision for 13 Present, recognized ----------- 8 Race track funds, distribution __ 9 Records, kept at county seat ___ 16 Refunding bonds 9 Representation in house of repre-

sentatives, apportionment 7 Saint Lucie county, assessment and

collection of all taxes lev1ed _____ ___ 8 Schools see: SCHOOLS: SCHOOL

FUND; SCHOOL DISTRICTS Stockholders in companies. as ____ 9 Superintendent, public instruction

see: SUPERINTENDENTS OF PUBLIC INSTRUCTION

Tax for county purposes __ 9 Taxation districts; assistant tax as

sessor: duties ------------------- 8 Venue of prosecution for crime _____ DR Volusia county, assessment and col-

lection of all taxes levied 8 COUNTY AUDITORS

Clerk of circuit court as.................... 5 COUNTY BOARD OF HEALTH 15

Establishment 15 Powers _ _____ 15 Supervision by state board of health 15

COUNTY BOARD OF PUBLIC IN-STRUCTION 12

COUNTY COMMISSIONERS Assistant tax assessors, appoint-

ment ----------------- 8 Bonds, approval; county officers_ 8 Compensation---------- 8 Dade county; powers, duties, etc._ 8 Districts; county division 8 D~~ 8 Election 8 Hillsborough county, home rule

charter 8 Intoxicants; election concerning sale 19 Local option elections ------ 19 Number ___ 8 Orange county; referendum regard-

ing proposed article 20, § 1 ___ 20 Recall election; Dade county............ 8 Taxation districts; assistant tax as-

sessor; duties 8 Term of office -------- 8

12,13

4057

Dade county 8

Sec.

24

11 24

7 II

2 11 12

10

4 3

3 4

15

20,21 3 2

15 4 6

3

14, 15

10

5

7 11

16,17

6

1, 3 1 3 3

9

"' 7 5

11 5 5 5

24 1, 3 1-3

5

2 11

7 D

11


COUNTY COURTS Art. Abolishment ·······················-··-····--·-· 6 Appeals from ·······················-----·-··-··· 5 Appeals to 5 Appellate jurisdiction 5 Clerk

Circuit court, acting when ............ 5 Criminal court_o:f record; duties.... 5

Creation ························--······················· 5 Criminal courts of record, supersede

criminal jurisdiction o:f Forcible entry and unlawful de

tainer, jurisdiction Judges

5

5

Assignment to other courts ........ _ 5 Conservator o:f the peace ····-······ 5

Sec. 8,18

6 8

6,8

6 9 8

9

8

2

COUNTY OFFICERS (cont.) Art. Orange county; legislative controL 20 School district trustees, abolition_ 12 Sheriff 8 Superintendent of public instruc-

tion, appointment of in certain counties ______ 12

Sureties on bonds, forbidden to be 8 Tax assessors and coHecturs see:

TAX ASSESSORS AND COLLECTORS

Terms o:f otfice.____________ 8

Vacation of office by failure to give bond

16 18

8

Sec. 1, 2

lOA 6

2A-2D 7

HI 14

6, 9,14

7

General 5 25

8 8 1 8 3

COUNTY RECORDS ___ _ 16 4,4A-4F Salary ___ 5

Judicial power established ·······-··-··· 5 Jurisdiction ···················-·-·-·------··-··· 5 Procedure, practice ···-··-··-······-······· 5 Prosecuting attorney ······-·-·····-···- 5 Rules for court's operation ................ 5

COUNTY GENERAL FUND 12 COUNTY GOVERNMENT

Uniform system to be established_ 3 COUNTY JUDGES see: COUNTY

COURTS; COUNTY JUDGES' COURTS Appeals to circuit court .................... 5 Compensation ...................................... 5 Copies of constitution transmitted

to ----------- 18 Election 18 Orange county; exempt from legis-

lative authority 20 COUNTY JUDGES' COURTS

Appeals to circuit court ···-··············· 5 Establishment ...................................... 5 Guardianship jurisdiction 5 Judges

Assignment to other courts ............ 5 Committing magistrate ·············-··· 5 Conservator o:f the peace................ 5 Election .............................................. 5 Jurisdiction ...................................... 5 Qualifications 5 Term of office .................................. 5

Judicial power established ................ _ 5 Jurisdiction ............................................ 5 Procedure, practice .............................. 5 Rules for court's operation................ 5

COUNTY OFFICERS see: Specific Officer Appointment -------------------- 3 Bonds; commissions by governor_ 8 Branch offices, maintaining _____ 16 Commissioners see: COUNTY COM-

MISSIONERS Compensation see: COMPENSA

TION AND SALARIES Constables Dade County

8

Home rule charter, effect ___ 8 Suspension and removal ___ 8

Duties ·····················-······--··---- 8 Election see: ELECTIONS Failure to qualify __ 8 Hillsborough county; home rule

charter, effect --------------- 8 Home rule charter; Dade county, ef-

fect ...................................................... 8 Oath of office 16 Office and records at county seat _ 16

8, 9 3

15

24

6 7

12 10

1

6 7 7

2 7

25 7 7 7 7 1 7 3 3

27 7

4A-4F

6

11 11

8

7

.24

11 2

4,4A-4F

COUNTY SCHOOL FUND SCHOOL FUNDS

COUNTY SEAT

see:

Branch offices, maintaining ----- 16 Clerk, residence of ·-·-······- ·--·-··-···· 16 Deputy clerk and deputy sheriff,

residence of--·-····-···-···-····· .. .. 16 New counties,. temporary establish-

ment --------- 8 Offices of county officers 16 Records of county officers 16 Removal or establishment ___ 8 Sheriff, residence of 16

COUNTY SOLICITOR Prosecuting attorneys see: PROSE

CUTING ATTORNEYS COUNTY SUPERINTENDENT OF

PUBLIC INSTRUCTION see: SUPERINTENDENTS OF PUBLIC INSTRUCTION

COUNTY SURVEYOR Compensation, election, duties, etc. 8

COUNTY TAX ASSESSORS AND COLLECTORS see: TAX ASSESSORS AND COLLECTORS

COURT COMMISSIONERS Appointment; power, duties, etc. .... 5

COURT OF RECORD see: Specific Courts Escambia county

Appeals to circuit court ............... . Certiorari, issuance by ___ _ Circuit judge may hold indicted

person for trial in ....................... . Clerk, election, term, etc. . .......... . County solicitor, election, term,

etc .................................................. . Established ....................................... . Grand jury, indictment :for of-

fenses triable in ........................... . Habeas corpus, issuance by __ Judge

Assignment to other courts _ Compensation ·············-·········-······ Election ......................................... . Term o:f office ······-······-··················

Judicial power established __ Jurisdiction ..................................... . Laws and provisions applicable

to ..................................................... . Officers ............................................. . Procedure, practice __ Prosecution, on information un-

der oath ....................................... .

5 5

5 5

5 5

5 5

5 5 5 5 5 5

5 5 5

5

4058

4A-4F 4

4

4 4, 4A-4F 4,4A-4F

4 4

6

6

10 10

10 10

10 10

10 10

2 10 10 10 1

10

10 10

3, 10

10


COURT OF RECORD (cont.) Art. Escambia county (cont.)

Rules for court's operation 5 Sheriff as executive officer __ 5 Vacancies in office, appointment

by governor to fill ........................ 5 Writs, power to issue .................... 5

COURTS see: Specific courts Constitution, adoption; continuing

junsdictlon 18 Costs; criminal cases 16 Establishment ·····---·----------·------------------ 5 Judges see: Specific court; JUDGES Judicial circuits see: JUDICIAL

CIRCUITS Judicial qualifications commission;

creation, duties, etc. 5 JudiCiary department , 5 Jurors; minimum number ·····--··------ 5 Juvenile, establishment ···-········----·-- 5 Open to all for remedies DR Practice, special or local laws_ 3 Procedure, practice ·-----·······-·········--· 5 Referees; practicing attorney .......... 5 Rules for court's operation ---------- 5

CREDENTIALS TO CONGRESS Issuance 16

CREDIT State, county or municipality, pledge

or loan of 9 CREDITORS

Protection on abolishment of mu-nicipality 8

CRIMES Bail; excessive R Bills of attainder DR Capital; bail DR Children committing; juvenile court

to define ·------------------------------······--··--- 5 Conviction; felonies; loss of civil

rights 6 Defendant; insolvent or discharged;

costs__ 16 Delinquency, power of juvenile

courts .................................................. 5 Disqualified to vote 6 Ex post facto laws R Felonies; trial on presentment, in-

dictment or information DR Felony defined 16 Habeas corpus _j)R Indictment and information see: IN-

DICTMENT AND INFORMATION

Infamous crimes, conviction of; effect - - --------------- 6

Prosecutions see: CRIMINAL PROSECUTIONS

Punishment see: PUNISHMENT Searches and seizures DR Special or local laws ______ 3

CRIMINAL COURTS OF RECORD Abolishment by legislature .............. 5 Appeals, circuit court -·--------·-···--------· 5 Circuit judge may hold indicted

person for trial in ··-------·········--------·· 5 Clerk --········-----·--····-···--······················---- 5 County courts, criminal jurisdiction

affected by ------·······························--- 5 Dade county, state attorney as

prosecuting attorney ...................... 5 Duval_county, additional judge for.. 5 Established by legislature ................ 5 Executive officer ··-------·--·-··-·······-··-·· 5

Sec,

3 10

10 10

13 9

1, 6

17A

22 12

4 20 3

21 3

10

8

8 17 9

12

5

9

12 4,5

17

10 25

7

5

22 20

9 6

9 9

9

9B 9A 1, 9

9

CRIMINAL COURTS OF RECORD Ar:t. (cont.) Grand jury, indictment for offenses

triable in 5 Judges

Additional in certain counties ... _ 5 Age requirement ···-··----------·-··---- 5 Compensation ---···············-------------- 5 Conservator of the peace ... ·--····----- 5 Election ···············--·--·····-·-·······-- 5 Qualifications --·-···········- ······--·----······ 5 Reduction of number of; effect.... 5 Term of office ················---···--·-···--· 5 Vacancy in office, how filled -·- 5

Jurisdiction ·-·--·----·-·--··-··-···-·--·--··------··· 5 Palm Beach county, clerk of circuit

court to serve also as clerk __ 5 Prosecuting attorney, electiOn, term,

etc. ·--···------·---···············-----·-···········---- 5 Prosecutions, on information under

oath ...................................................... 5 Sheriff as executive officer ··-········-··· 5 Terms of court -----·-----·---····--··-··- 5

CRIMINAL PROSECUTIONS Accusation, right of accused to de-

mand nature of __DR Adverse witness, right of accused to

face DR Amendment of statute; effect as to

previous crimes 3 Appellate review ···············-----·····--·- 5 Arraignment, when R Conducting in name and by authori-

ty of state ........................................ 5 Copy of indictment; right of ac-

cused to speedy trial DR Costs

Accused to pay, when DR County to pay, when 16 Habeas corpus, grantable with-

out .DR Counsel, right of accused _______ .DR Indictment or information see: IN

DICTMENT AND INFORMATION

Jurisdiction Appellate ··············-··--······--·-··--:.-. 5 Circuit court ········-············-··········-···· 5 County court ···············-··-·········-··· 5 County judge .................................... 5 Court of record of Escambia

county ·······································-··· 5 Criminal court of record -----------··-- 5 Justices of the peace ·---·---··········· 5 Juvenile courts ···············-······--·-··· 5

Jury trial see: JURY Libel, truth given in evidence__DR Nature and cause of accusation,

accused may demand R Pleas, when filed __ R Presentment, indictment, etc., by _ _!)R Punishment, cruel and unusual

prohibited ___ ' R Re~eal of _statute, effect as to pre-

vious crimes 3 Speedy and public trial of ac-

cused, right to ________ .DR Treason, witnesses DR Trial, time, place, etc. R Venue of R Witnesses

Adverse R Compelling accused to be: ____ DR Compulsory process for DR Treason, prosecution DR

4059

Sec.

9

9 13 9

25 9

13 24

9 14

9

9

9

9 9 9

11

11

32 4,6

10

20

11

14 9

7 11

4,6, 8 6 8 7

10 9

11 12

13

11 10 10

8

32

11 23

10, 11 11

11 12 11 23


CRIMINAL STATUTE Art. Repeal or amendment as affecting

prosecution or punishment of pre-vious crimes ___ 3

CRIPPLED PERSONS see: DISABLED PERSONS Tax exemption 9

CROCKERY Manufacturers, tax exemption __ 9

CRUEL Punishment prohibited DR

CURRENT EXPENSES State, appropriation for 3

CUSTODIAN OF CAPITOL Secretary of state as 4

DADE COUNTY Assistant state attorneys, appoint

ment, duties -------------------------------------- 5 Civil jury trials; location in certain

municipalities within county _ 16 Commissioners

Compensat10n ·----·· 8 Districts, county division ___ 8 Election ·-·-----··-···----------- 8 Powers, duties, etc. 8 Recall election • 8 Term of office ·--·-·-·····-··-·······- 8

County solicitor, office of; abolish-ed 5

Home rule charter Adoption ··--··-·· 8 Effect ---····--·------·---·------·--···-····---···· 8

Investigators; appointment, com-pensation 5

Process servers, appointment, com-pensation --·-···----·--------------······----······· 5

State attorney, as prosecuting at-torney; criminal court of record.... 5

Superintendent of public instruction, appointment ···-··-·-··-·-···-·· 12

DEAF PERSONS State support of institutions for_ 13

DEBT Homestead 10 Imprisonment for R Married women's property 11 Merged cities and counties; adjust-

ment of 8 Municipalities 8 New counties, apportiorunent ___ 8 State, provision for 9

DEBT SERVICE. CAPITAL OUTLAY SCHOOL FUND Deposits in; use 12

DECEDENTS' ESTATES Inheritance tax limited 9 Jurisdiction ·------------------------------------------· 5 Sale of real estate of, jurisdiction to

order ------·--------------------------------------------· 5 Settlement, county judge's jurisdic-

tion ·------------------------··-----------------------··· 5 Special or local laws 3 Tax on, restricted 9

DECISIONS Judicial, publication 16

DEEDS AND CONVEYANCES Evidence, prima facie 16 Homesteads 10 Married women's property 11 Recording, prima facie evidence of

execution 16 Special or local laws; validation _ 3

32

9

12

8

30

21

9B

4F

11 11 5

11 11 11

9B

11 11

9B

9B

9B

2A

1

1~ 16

1,2

9,10 8 3 2

18

11 7

7

7 20 11

6

21 1,4 1,2

21 20

DEFENDANT Art. Insolvent or discharged, costs when 16

DEFENSE OF LIFE Liberty and property, right inalien-

able R Right to bear arms R

DEPARTMENTS OF GOVERNMENT Definition and division of powers_ 2 Executive 4 Judiciary 5 Legislative 3

DEPUTY Clerk of circuit court 16 Sheriff 16

DESCENT AND DISTRIBUTION Estate taxes 9 Heirs; participation and homestead 10 Homestead and exemption 10

DISABLED PERSONS Aged and infirm; afflicted 13 Exempt from taxation 9

DISCRIMINATION Unjust, by common carriers 16

DISORDERLY CONDUCT Legislature, members 3

DISQUALIFICATION Electors

Felons 6 Persons non compos mentis -- 6

Foreign officers 16 Holder of lucrative office for

legisl~tor 3 Legislator for certain civil offices - 3 Off1ce, effect of juagment on im-

peachment 3 Persons convicted of certain crimes 6 Witness, because of rellg1ous opm-

ions R

DISTRICT COURTS OF APPEAL Appeals to supreme court ··---···-- 5 Appellate

Districts, four or more 5 Jurisdiction ........................................ 5 Review ................................................ 5

Authorizing legislature to establish.. 5 Certiorari, power to issue ········--·· 5 Clerks

Appointment ·--····--·-·--··········· 5 Compensation···-··················-··········· 5 Duties ·············-··············-··················· 5

Districts .................................................. 5 First district, circuits composing .... 5 Florida industrial commission, or-

ders; review 5 Habeas corpus, power to issue ........ 5 Holding session of court in each

circuit, requirements ···-·········---- 5 Judges

Conservator of the peace ............ 5 Discipline, procedure for --- 5 Election .............................................. 5 Expenses ·······-··--····-··········-··········· 5 Impeachment .................................... 5 Judicial qualifications commis-

sion, composition, duties, etc. 5 Number .............................................. 5 Organization ...................................... 5 Prohibited activities ...................... 5 Qualifications 5 Recall to duty .................................... 5 Reduction of number of; effect .... 5

4060

Sec:. 9

1 20

4 4

11 4 2

3 9

30

6

4 4

15

7 5

29 4,5

5

4

5 5 4

26 5

8 :s 5 5

26

26 5

I

25 17A

5 19 17

17A 5 5

18 13,13A

19 24


DISTRICT COURTS OF APPEAL Art. (cont.) Judges (cont.)

Removal, procedure for 5 Retired justice or judge, com

pensation when assigned to service 5

Retirement 5 Salary .................................................. 5 Selection, procedure for 5 Supreme court, subject to call .... 5 Temporary appointments by gov-

ernor ···----··········-··-·-·-··--- 5 Term ---···---····--------······················-- 5 Vacancy in office, how filled ···-- 5

Judgment; exceptions --------······-·- 5 Judicial power established·--··-·-··· 5 Jurisdiction ···-····---···--··-·-··-··-·-··-- 5

Appellate ............................................ 5 Law and rules of court, application,

operation ........ -.... 5 Mandamus, power to issue ---- 5 Marshal

Appointment ···--·------- 5 Compensation ·············---··-··-··-··-·- 5 Duties .................................................. 5 Process, execution; power--·--····· 5

Number of appellate districts __ 5 Number of judges 5 Procedure, practice········--·--··-··--·-· 5 Prohibition, power to issue .............. 5 Quo warranto, power to issue .......... 5 Rules for court's operation, appli-

cation ....................... ___________ 5 Second district, circuits composing.. 5 Session of court .................................... 5 Supreme court justices assigned to 5 Third district, circuits composing .... 5 Writs

Issued by supreme court; return-able to ........................... ·-············· 5

Power to issue ···-----··--···- 5 DISTRICTS

Commissioners' 8 Constables .............................................. 5 Justices of peace---------- 5 School see: SCHOOL DISTRICTS

Fund see: SCHOOL FUND Tax see: SCHOOLS Trustees sE'e: SCHOOLS

DIVISIONS see: GOVERNMENT DIVORCE

Special or local laws, granting pro-hibited --------------- 3

DONATIONS TO STATE 12 DOUBLE JEOPARDY

Prohibited R DRAINAGE

Through private property; compen-sation _____ 16

DRUNKENNESS Ground for removal or suspension

from office 4 DUE PROCESS OF LAW DR DUELS

Prohibited: punishment 6 DUVAL COUNTY

Circuit court; additional circuit judge .................................................... 5

Criminal court of record Compensation .................................. 5 Election .............................................. 5 Term of office .................................. 5 Two judges for ···---·----··--··-····----· 5

Sec.

17A

19 17, 17A

19 17A

2

26 5, 15, 16

14 5 1 5 5

3,26 5

5 5 5 5 5 5 3 5 5

3,26 26

5 2

26

4 6

5 11 11

20 4

12

28

15 12

5

26

9A 9A 9A 9A

DUVAL COUNTY (cont.) Art. Merger with city of Jacksonville;

new powers; jurisdiction ___ 8 Superintendent of public instruc-

tion, appointment ............. ·-·--· 12 EAST FLORIDA SEMINARY

Ocala; claims relative to establish-ment 16

EDUCATION see: SCHOOLS EDUCATIONAL PURPOSES

Associations for, incorporation __ 3 Buildings of state, supervision __ 4 Tax exemptions, property for __ 9

EJECTMENT Jurisdiction of actions of -·--- 5

ELECTIONS Administrative officers ----Attorney general Ballot __ -------

Purity of_--------Use by electors------

Betting upon; punishment----Bond, requirements Capitation tax Certificates of election; to congress Circuit judges ....................................... . Clerks of courts ----·----

4 4 6 6 6 6 9 6

16 5 5

18 Commissioner of agriculture -- 4 Comptroller 4 Constables ---,··-----·-· 5

8 18

Constitution; amendment, revision 17 County auditor, ex officio .................. 5 County commissioners 8

5 County judge ........................................ 5 County officers, provision for __ 3

8

County recorders ............................... . County superintendent of public

18 5

instruction 8 County surveyor 8 County treasurer 18 Dade county commissioners .............. 8 District courts of appeal, judges .... 5 District school tax, levy 12 District school trustee; counties _ 12 Electors see: ELECTORS First; county officers 18 General; time of year 18 Governor 4 House of representatives 7

Vacancy m office - -------- 4 Improper practices, prohibition by

law ------------------------ 3 Judge; criminal court of record........ 5 Justices of the peace ............................ 5 Local option; intoxicants 19 Members of legislature 3 Method of voting 6 National elections, eligibility of

electors not meeting qualifica-tions to vote 6

Oath of electors 6 Officers; state and county 3 Orange county; referendum regard-

ing proposed article 20, §1 ___ 20 Plurality as constituting choice-- 16 Poll tax 6 Polls, designation ..... 3 Prosecuting attorney ......... ·-··-··········· 5

4061

Sec.

9

2A

25 25 1

6

20 20 6 9 6 5 6 8

20 15

6,9 10 20 20 11

6 10

1-4 6 5

15 7

27 6

10 6

G 6

10 5

5, 15 10 10

9,10 9 2 2

19

26 9

11 1 3 6

1 3

27

2 8 8

20 8


ELECTIONS (cont.) Art. Recall; county commissioners; Dade

county ................................................ 8 Referendum see: REFERENDUM Registration of electors 6 Regulation by legislature 3 Representatives in legislature -- 7 Returns to be provided for --- 6 School district trustees 12 Secretary of state 4 Senators

State 7 United States 3

Sherift, first .......................................... 18 Special; amendment to constitution 17 Special and local laws; regulations 3 Special tax school districts, bonds 12 State attorney ...................................... 5 State superintendent of public

instruction 4 Supreme court justices ...................... 5 Tax assessors, collectors_ ____ 8

First 18 Treasurer 4 United States congress; certificate 16 Vacancies; unexpired term only __ 18 Viva voce vote 6 Voting 6 Voting places, designation by special

or local laws 3

ELECTORS Absentee registration certain electors 6 Ap 6 Disqualification

Betting on election as 6 Dueling, sending challenge, etc. _ 6 Felony, conviction of 6

Freeholder electors, bond elections, requirements 9

Legislators to be --······-·------ 3 National elections, eligibility of

electors not meeting qualifica-tions to vote 6

Naturalized citizens; voting; citi-zenship 6

Oath 6 Persons non compos mentis ___ 6 Poll tax 6 Qualifications 6 Regis:tra:tion

Absentee registration of certain electors 6

Legislature to provide for ____ 6 Members of armed forces and

spouses living outside state, eligibility for 6

Oath, form of --·----·--· 6 Prerequisite to voting 6

EMERGENCY Amendment to constitution 17

EMINENT DOMAIN Compensation

Ascertainment by jury in court_ 16 Drainage ditches, etc., for _____ 16 Making or securing before taking 16 Private property, taking DR

ENACTING CLAUSE Law; form 3

ENEMIES Adhering to as treason R Aiding or comforting as treason __DR

ENJOYMENT OF LIFE AND LIBERTY Right of, inalienable DR

Sec:. ENTIRETIES Art.

11

2 26

2 2

1{)

20

2 31 10 3

20 17 6

20 15

II 10 20 20

7 6 6

20

2 1

5 5 4

6 4

1

1 3 4 8

1, 2, 5, 8

2 2

2 3 2

3

29 28 29 12

15

23 23

Homestead. title to _______ 10

EQUALITY Guaranty of, before the law DR Taxation 9

EQUITY Appellate jurisdiction ············----······· 5 Extra territorial jurisdiction ............ 5 Married women's property charged

in 11 Original jurisdiction ···-··················-·· 5

ESCAMBIA COUNTY County officers, salaries; disposition

of fees .................................. . 8 Court of record see: COURT OF

RECORD Criminal court of record; created.... 5 Fees, county officers ; disposition .... 8 Superintendent of public instruc-

tion, appointment 12

ESCHEATED PROPERTY Forfeiture, treason, etc. ____ _...,DR Proceeds to schools 12

ESTATES Decedents see: DECEDENTS' ES-

TATES Forfeiture, treason R Infants see: INFANTS Taxes

Amount permitted 9 Distribution 9 Limited, how 9

EVIDENCE Deeds and mortgages, recorded,

prima facie 16 Libel cases, truth as DR Special or local laws; publication_ 3 Treason R

EX POST FACTO LAWS ----.JJDR

EXCESSIVE Bail, not to be required __ ____DR Charges, by common carrier pro-

hibited ---· 16 Fines, not to be imposed DR

EXECUTIVE BUSINESS Governor to transact ------ 4

EXECUTIVE DEPARTMENT Administrative officers 3 Attorney general as advisor ___ 4 Distribution of powers .. 2 Governor see: GOVERNOR Impeachment - -·--·-·----- 3 Officers of, as board of state insti-

tutions -· 4 Offices, location 16 Powers, etc. - ··------· 4 Records ; kept by secretary of state 4 Salaries, legislature to fix 4

EXECUTIVE POWER Vested in governor ------

EXECUTIVE SESSIONS Senate ------------

EXEMPTIONS see: HOMESTEAD AND EXEMPTION; TAX EXEMP-

3 4

3

1 TIONS

4062

Sec. 'l

1 1

4 6

2 6

23

9 23

2C

23 4

23

11 11 11

21 13 21 23

17

8

30 8

5

29 22

2P

17 10

21 29

28 1, 8,15

13


EXPENDITURES Art. Cabinet officers, reports of ___ 4 Public money, publication of state-

ments 3

EXPULSION Legislators

EXTENDED SESSIONS OF LEGIS·

3

LATURE ___ 3

EXTRA COMPENSATION Forbidden except by two-thirds

vote 16 EXTRA SESSIONS

Legislature Amendment of constitution, emer-

gency ---------------------------------------------· 17 Business of, restriction .................. 4 Extended sessions .. 3 Governor to convene ··········-···---·-··· 3 Representation, reapportionment.. 7

FABRICS Manufacturers; tax exemption __ 9

FEDERAL GOVERNMENT see: UNITED STATES

FEES Escambia county, county officers·

disposition ' 8 Sheriff .................................................... 5 Special or local laws 3

FELONY Definition 16 Electors, disqualifies as, upon con-

viction 6 Removal, suspension from office for

commission 4 Trial on presentment, indictment or

information R FERRIES

Establishment by local or special laws 3

FIBER BOARD Manufacturers; tax exemption __ 9

FINES AND FORFEITURES Collection, suspension of, by gov-

ernor 4 Constitution of 1868, continuing

effect 18 Contempt of legislature; punishment 3 County treasury, payment into __ 16 Estates; conviction of treason· for-

feiture --------- ' DR Excessive fines forbidden .DR

.Remission of; pardon board ___ - 4 FISHING AND HUNTING

Bag limits ___ 4 Game and fresh water fish commis-

sion ---------- 4 Game wardens, appointment __ 4 Open and closed seasons 4 Salt water fish and products conser-

vation; delegation of pow'ers __ 16 FLAG OF STATE 16 FLORIDA INDUSTRIAL COMMISSION

Order of, appeals to district court of appeal ............................................ 5

FLORIDA NATIONAL GUARD __ 14

FORCED SALE see: HOMESTEAD AND EXEMPTIONS

Sec:. 27

19

6

2

11

3 8 2 2 3

12

23 9

20

25

4

15

10

20

12

11

1 9 9

23 8

12

30

30 30 30

33 12

26 5

FORCIBLE ENTRY AND UNLAW-FUL DETAINER Art. Jurisdiction

Circuit court __ IJ County courts -··--··-··---·-··-· 5 County judges ·····--- IJ

FOREIGN OFFICERS Holding office in state 16

FOREIGNERS Property rights R

FORFEITURES see: FINES AND FORFEITURES

FRAUD Imprisonment for debt in cases of ---DR

FREE PASSES Railroad; to legislators or salaried

officers prohibited 16

FREE SCHOOLS ------- 12 FREEDOM OF PRESS ____ ---JDLIR

FREEDOM OF RELIGION FREEDOM OF SPEECH FREEHOLDER ELECTORS

DR DR

Bond elections, requirements __ 9 FUNDS

County general fund 12 Game fund 4 Gasoline and oil products, taxes,

allocation, use of funds _ ___ 9 Pari-mutuel pools, distribution

taxes on ________________ 9 School see: SCHOOL FUNDS State; treasurer to handle 4

GAMBLING Elections, effect 6 Pari-mutuel pools 9

GAME AND FRESH WATER FISH COMMISSION 4

GAME WARDENS A;>pointment 4

GASOLINE AND OIL PRODUCTS Taxes; allocation, use of funds __ 9

GENERAL ELECTIONS see: ELECTIONS

GENERAL LAWS see: LAWS

GLASS MANUFACTURERS Tax exemption 9

GOODS Remedy for injury to DR

GOVERNMENT Alteration or amendment of DR Benefit of citizens, instituted for ---DR Departments

Division 2 Executive 4 Judiciary 5 Legislative 3

Divisions 2 8

Federal, allegiance to R Protection of citizens, instituted for DR Purpose of ___ .DR Security of citizens, instituted for DR

GOVERNOR Adjutant general, appointment __ 4 Administration, boru-d of, member 9 Administrative o_fficers 4

4063

Sec.

6 8 'l

15

18

16

31 1

13 5

13

6

15 30

16

15

24

5 15

30

30

16

12

4

2 2

1 2 2 2 2

16 16

5,27


GOVERNOR (cont.) Art. Appointments see: APPOINT

MENTS TO OFFICE Assistance by ad.rnmJStrative offi-

cers 4 Board of commissioners of state

institutions 4 B onds, coWltersigning 4 Bngad1er general, appointment;

ch1ef of staff 4 Cabinet of 4 Chief magistrate 4 Commander-in-chief of military

forces 4 Commissioned militia officers, ap-

pomtment by 4 Commissions, signing 4 Communication to senate of suspen-

sion of officer 4 Constitution

Certification of copy to 18 Receipt, proclaiming ___________ 18

Countersigning comptroller's orders on treasury ----------------------------- 4

County officers, appointment by, legislature to provide ---------------- 3

Court of record, Escambia coWlty; vacancies in office, filling 5

Dutie~ 4 Education, board of; member ___ 12 Election, term, etc. 4 Executive business, transaction of _ 4 Fines and forfeiti.ll"es, suspending

collection ---------------------------------- 4 Game and fresh water fish com-

mission appointments 4 Generals, appointment 14 Government officers, temporary re-

moval of __ 16 Grants, siening ---------------------------------- 4 Impeachment see: IMPEACHMENT Laws, execution of _ 4 Legal advisor 4 Legislative bills see: LEGISLA-

TIVE BILLS Legislature see: LEGISLATURE Militia, calling out 14 N ational guard, commander-in-chief 14 Office at seat of government 16 Officers, appointment by 4

14 Opinions from supreme court, re-

quiring ------------------- 4 Pardon board, member 4 Pardons, report to legislature __ 4 Powers, generally 3

4

3 President of senate to act as, on

impeachment of --- ----------·---Presiding officer of senate on im

peachment trial of chief justice _ 3 Proclamations by 3

Qualifications Re-election, ineligible for ___ _ Reinstatement of suspended officer_ Remissions, report to legislature _ Removal of officer with senate's

consent - ------ - -----Reports to, by administrative offi-

cers -------------------------Reprieves, granting Residence Resignation Salary

4 18 4 4 4 4

4

4 4 4 4 4

Sec.

20

17 24

16 20 1

4

16 14

15

11 12

24

27

10 5 3 2 5

11

30 3

10 14

6 22

4 5

10 16 3

13 12 11 28

1, 8,15

34

29 2 8

12 3 2

15 11

15

5, 27 11 3

19 29

GOVERNOR (cont.) Art. State boards see: Specific boards State institutions, board of; member 4 Supreme court justices, requinng

written opinion from ___________ 4 Supreme executive power vested in 4 Suspension of officers 4 Term of office ---------------------- ---------- 4 Treason, execution for; fixing time;

Sec.

17

13 1

15 2

suspension 4 11

Vacancy in office of, filling ---Veto

Legislative bill Separate items in appropriation

bill

GRAND JURY CircuJt court, indictment for of-

3 34 4 7, 15,19

3

4

28

18

fenses ------------------------------------ 5 9 Compensation, local or special laws 3 20 Dispensing with ----------- ------ __ ___________ DR 10 Felonies, indictments; legislative

regulations _____________________ _____________ DR 10 Impanelling; local or special laws _ 3 20 Number .DR 10 Powers ____ DR 10 Summoning, special or local laws _ 3 20

GRANTS Authentication, etc. 4 14 Federal; aged, infirm 13 3 Name of state, issuance in____ 4 14

GREAT SEAL OF STATE see: SEAL OF STATE

GUARDIANSHIP County judge's jurisdiction ___ _ Persons under, as electors ___ _

HABEAS CORPUS Crrcuit courts and judges,

5 6

issuance by ------------------ 5 Court commissioners, issuance by _ 5 C~urt of record, Escambia county,

Issuance by ------------- 5 District courts of appeal and judges,

issuance by _ 5 Grantable of right ____________ _ DR Invasion, suspension of DR Return of wri~ ______ -------------- 5 Supreme court, issuance by 5 Suspension of right to DR Who may issue 5

HAPPINESS Right of pursuing, inalienable -DR

HEAD OF FAMILY Homestead Tax exemption

HEALTH

10 9

State and count-.r boards ____ 15 HEIRS

Homestead and exemption, participation in

HENDRY COUNTY Superintendent of public instruc

10

tion, appointment -----12 HIGHLANDS COUNTY

Civil jury trials, location in certain cities ____ ·---- 16

HILLSBOROUGH COUNTY Assessment, collection of all taxes

levied 8

7 4

6 6

10

5 7 7

4-6 4 7

4-6,10

1

' 1 11

1-3

2

2B

4C

12,13

4064


HILLSBOROUGH COUNTY (cont.) Art. Assistant state attorneys, appoint

ment, duties, etc. ---------- 5 County solicitor of criminal court,

election, duties, etc. ______ 5 Home rule charter, consolidation

of municipal and county govern-ments ____ 8

Special investigators, appointment, duties, etc. 5

State attorney, election, duties _ 5 Supt!rmtendent of public instruc

tion, appointment _____ 12

HOME RULE CHARTER Dade county -------------Hillsborough county -----·

8 8

HOMESTEAD AND EXEMPTIO~S Alienation of homestead ---------- 10 Assessments; special benefits ___ 10 Bequest of homestead ________ 10 Constitution of 1868; application_ 10 Debts to which applicable 10 Decrees, lien ---- ------ 10 Devises of, homestead 10 Entireties, title held by _____ 10 Executions, lien 10 Exemptions 9

10 Extent and amount defined ____ 10 Head of family, exemption to ___ 10 Heirs and widow ------------------------- 10 Joint ownership of !:lomestead __ 10 Judgment and decrees _______ 10 Laws relating to, enforcement __ 10 Persons entitled to benefits ___ 10 Process, sale under ----------- 10 Reduction by inclusion with mu-

nicipality --------- 10 Sarasota county; provides first

$2000 assessed valuation be ex-empt from homestead exemption 10

Tax exemption 10 Widow and heirs ________ 10

HORSE RACING Pari-mutuel pools, distribution of

tax from ---------- 9 HOSPITALS

Insane persons, for 13 HOUSE OF REFUGE

Establishment for youthful offend-ers ----------------------------------------------------- 13

HOUSE OF REP~ESENTATIVES see: LEGISLATURE

HOUSE TRAILERS Motor vehicles; subject to license

tax in lieu of all other taxes ___ 9 HOUSEHOLD GOODS

Exemption from taxation 9 HUNTING see: FISHING AND

HUNTING HUSBAND AND WIFE

Debts of husband, liability of wife's property for --------------------------------- 11

Diyorce, spec~al or local laws grantmg. proh1b1ted -------------- 3

Homestead, alienation ------- ---------------- 10 Married women's separate property 11

ILLEGAL TAXES see: TAXATION

IMMIGRATION Commissioner of land and immigra-

tion --------------------------------------- 18

Sec.

9C

9C

24

9C 9C

2B

11 24

1,4 7 4 3

1,2 1 4 7 1

11 1-3,7

1 1 2 7

1-3 6

1, 2 1

5

7 1, 7

2

15

1

2

13

11

1

20 1,4 1,2

IMPEACHMENT Attorney general Chief justice, presiding at trial by_ Circuit judges

Commissioner of agriculture __ _ Comptroller Disqualification of officers im-

Art. 3 3 3 5 3 3

peached 3 District court of appeal judges __ 5 Governor 3

Grounds for House of representatives, powers _ Indictment or information not re-

quired in cases of Judgment Liability to Misdemeanor in office cause for __ Pardon after, exceptions -------President of senate acting as gov-

ernor on impeachment of governor

Reprieve in cases of - - ---Secretary of state--------State treasurer Superintendent of public instruc

tion Supreme court justices - ----

4 3 3

R 3 3 3 4

3 4 3 3

3 3 5

Trial by senate -------------- 3 Vacancy in offices due to, appoint

ments 3 IMPRISONMENT

Contempt of legislature; punish-ment 3 Debt ___________________________ DR

Indefinite, forbidden _DR Limitation ____ ------------------------ 3 Penalties see: PENALTIES Punishment see: PUNISHMENT State prison, felony--------------- 16

IMPROPER PRACTICES Election, prohibition by law ___ 3

IMPROVEMENTS Benefit from, estimating in con

demnation cases ----------------- 16 Homestead exemption _________ 10 Married women's property, liability

for -------------------- - -- 11 INALIENABLE RIGHTS

Guaranteed ·------·-DR INCOME TAX

Levy forbidden 9 INCOMPETENTS

Estates, appellate jurisdiction __ 5 INDEBTEDNESS

Bonded, school districts ______ 12 Capital outlay; debt service school

fund ------------- 12 Gasoline and like taxes, etc. 9

INDIAN RIVER COUNTY Superintendent of public instruc-

tion, appointment -------- 12

INDICTMENT AND INFORMATION Capital crimes requiring ______ DR Copy of, to accused _______________________ DR Costs; Habeas corpus, grantable without _____________________________________________ DR Criminal courts of record, prosecu-

tion and trial ---------------------------------- - 5 Impeachment _DR

8

4065

3

Sec. 29 29 29 17 29 29

34 17

29,34 19 29 29

10 29 29 29 12

34 11 29 29

29 29 17 29

34

9 16 8

29

26

26

29 1

2

1

11

5

17

18 16

2B

10 11

7

9 10 29


INDICTMENT AND INFORMATION Art. S.C. (cont.) Juvenile court 5 12 Oath, must be under, when DR 10 Presentment, indictment, etc., by _DR 10 Trial of offenses on, when DR 10

INDIVIDUALS Appropriation of money for or loan

of credit by counties, etc., pro-hibited 9 10

State credit, pledge prohibited -- 6 5

INDUSTRIAL COMMISSION, FLORIDA See: FLORIDA INDUSTRIAL COMMISSION

INDUSTRIES Tax exemptions -------- 9

INFAMOUS CRIMES Conviction of, effect ------ 6

INFANTS Adoption; special or local laws -- 3 County judges, jurisdiction 5 Crimes, accused; jurisdiction--- 5 Delinquents, jurisdiction 5 Estates

Appellate jurisdiction 5 Original jurisdiction ........................ 5

Legal disabilities, special or local laws 3

Legitimizing, special or local laws _ 3 Real estate, sale 3

5 White and colored, separate schools 12

INFIRM PERSONS Benefits 13 Tax exemption 9

INFORMATION see: INDICTMENT AND INFORMATION

INHERENT POWERS In people ----------J.JR

INHERITANCE Aliens ___ -,-,----------uR Tax; limitation 9

INJUNCTIONS

12,14

5

20 7

12 12

5 'l

20 20 20 7

12

3 9

2

18 11

Circuit courts and judges may issue 5 6 Court commissioners, issuance by .. 5 6

INJURY Legal remedy for -------.uR

INQUESTS Justice of peace .. , __________________ ,_ 5 11

INSANE PERSONS Electors, not qualified as ____ 6 Hospital for 13

INSOLVENCY

4 1

Defendants, criminal cases; costs _ _ 16 9

INSTALLMENTS Payment of special tax school dis-

trict bonds 12 17

INSTITUTIONS Appropriation of public money or

loan of credit prohibited 9 10 Benevolent, state to maintain __ 13 1 Sectarian, public money for __ __j)R 6 State, see: STATE INSTITUTIONS

INSTITUTIONS OF HIGHER LEARNING AND JUNIOR COLLEGES CAPITAL OUTLAY AND DEBT SERVICE TRUST FUND Art. Administration 12 Bonds, issuance; interest rate, ma-

turity, etc. 12 Gross receipts taxes, revenue de-

rived from; payment into __ 12 Investment of moneys, authorized _ 12 Source of financing 12 State board of education, adminis-

tration of fund, powers, etc. __ 12 Tax funds, pledging of certain

moneys for 12 INSURRECTION

Militia, calling out to suppress __ 14 State bonds, issuance to suppress._ 9

INTANGIBLE PROPERTY Taxation; special rates 9

INTERMARRIAGE White and colored 16

INTOXICATING LIQUORS Local option 19 Officers suspension for drunkenness 4

INVASION Habeas corpus, suspension of --DR Militia, calling out to repel ___ 14 State bonds; issuance to suppress _ 9

INVENTORY Exemption in part from ad valorem

taxation 9 INVESTIGATIONS

Legislative, attendance of witnesses 3 INVESTIGATORS

Dade county; appointment, compen-sation .................................................. 5

INVOLUNTARY SERVITUDE Prohibited except as punishment for cr~e R

JACKSONVILLE, CITY OF Duval county, merger with ___ 8 Legislative power to alter, abolish

or establish 8 JEOPARDY

Double, prohibited R JOINT OWNERSHIP

Homestead 10 State not to be in corporation__ 9

JOURNALS see: LEGISLATURE JUDGES

Age, qualifications .............................. 5 Assignment to other courts _ __ 5 Circuit see: CIRCUIT COURTS Conservator of the peace ................ 5 County see: COUNTY COURTS;

COUNTY JUDGES; COUNTY JUDGES' COURTS

Court of record of Escambia county 5 Cr~inal court of record see:

CRIMINAL COURT OF RECORD Expenses ................................................ 5 Impeachment, liability to 3

5 Juvenile court 5

Prohibited activities ............................ 5 Qualifications 5 Recall to duty 5 Reduction of number of; effect ........ 5

4066

Sec:. 19

19

19 19 19

19

19

4 6

1

24

15

7 4 6

14A

10

9B

19

9

9

12

7 10

13 2

25

2,10

19 29 17

1, 2, 12,25

18 13, 13A

19 24


JUDGES (cont.) Art. Retired justice or judge, compensa-

tion when assigned to service ···- 5 Retirement ...........................................• 5 Salary ...................................................... 5 Supreme court justices see: SU

PREME COURT Terms of office see: TERMS OF

OFFICE Vacancy in office, filling for unex-

pired term .......................................... 5 JUDGMENTS AND DECREES

Homesteads 10 Lien on exempt property 10 Married women's property 11 Supreme court; effective date __ 5

16

JUDICIAL CIRCUITS Additional; creation by legislature.. 5

Number .............................................. 5 Assignment of judges to .................... 5 Composition of .................................... 5 Division of state .................................. 5 Increasing number of 5 Legislative designation .................... 5 Monroe county ···-······-··-··········-······· 5 Num~er .................................................. 5 Population requirements 5 Reapportioned, circuit judges a!-

fected by population, limited ···- 5 Second, additional judge ···········-······· 5

JUDICIAL DECISIONS Publication of 16

JUDICIAL DEPARTMENT Distribution of powers -----

JUDICIAL OFFICERS

2

Conservators of peace ........................ 5

JUDICIAL POWER OF STATE Courts 5

JUDICIAL QUALIFICATIONS COMMISSION Creation, duties, etc. 5

JUNIOR COLLEGES Bonds for capital outlay, authorizing

the issuance of bonds for certain _ 12

JURISDICTION Admission to practice law ................ 5 Attorneys at law, discipline of per-

sons admitted .................................. 5 Circuit courts; circuits .................... 5 Continuing, until new court set up_ 18

8 County courts ...................................... 5 County judge ........................................ 5 Court of record, Escambia county.... 5 Criminal court of record .................. 5 Forcible entry and unlawful de-

tainer 5 Guardianship 5 Justices of the peace .......................... 5 Juvenile courts 5 Municipalities 3 Probate 5 Supreme court .................................... 5

JURY Compensation of, special or local

laws 3 Eminent domain

Compensation, determining -- 16 Jurors, number 16

Sec.

19 17 19

14

1-3 1 2 4 6

1 6 2 6 6 6 6 6 6 6

6 26

6

25

1

17A

19

23

23 6

13 8 8 7

10 9

6-8 7

11 12 24

5, 7 4

20

29 29

JURY (cont.) Art. Grand jury see: GRAND JURY

Wu~~~lofj~~~~t~~~~ ......................... D~ Special or local laws for summon

ing, empaneling and compen-sating 3

Trial by Accused R Branch court house, civil

trials in 16 Civil suits. location in certain cities

Brevard county 16 Dade county 16 Highlands county 16 Pasco county 16 Pinellas county 16 Volusia county 16

Juvenile court 5 Right inviolate R

JUSTICE To be administered without sale,

denial or delay R

JUSTICES OF SUPREME COURT see: SUPREME COURT

JUSTICES OF THE PEACE Appeals to

Circuit court ...................................... 5 County court, civil cases 5

Arrests, power to issue process for.. 5 Districts

Constables .......................................... 5 Number ............................................. 5

Election .................................................. 5 Inquests, holding ................................ 5 Judges, assignment to other courts.. 5 Judicial power established .............. 5 Jurisdiction ............................................ 5 Orange county, revising boundaries

of justice of peace districts __ 5 Procedure, practice ............................ 5 Process, power to issue ...................... 5 Rules for court's operation ................ 5 Term of office ...................................... 5

JUVENILE COURTS Authorizing legislature to establish 5 Counties .................................................. 5 Crimes .................................................... 5 Delinquency .......................................... 5 Establishment ...................................... 5 Indictment and information ............ 5 Infants, delinquents ............................ 5 Judges

Assignment to other courts .......... 5 Conservator of the peace ............ 5 Terms of office ................................ 5

Judicial power established .............. 5 Jurisdiction ............................................ 5 Jury, trial by ........................................ 5 Legislature

Authorization to ···············-··-········· 5 Establishment .................................. 5

Probation officers ................................ 5 Procedure, practice ···············-············· 5 Prosecuting attorney .......................... 5 Rules for court's operation ................ 5

JUVENILE OFFENDERS Establishment of house of refuge

for 13

KEY WEST, CITY OF Monroe county, merger with ___ 8

4067

Sec.

11 22

20

11

4A-4F

4D 4F 4C 4E 4A 4B 12 3

6, 11 11 11

11 11 11 11 2 1

11

11A 3

11 3

11

12 12 12 12 12 12 12

2 25 12 1

12 12

12 12 12

3 12 3

2

10


LABOR Art. Collective bargaining R Lien for; laws to be provided -- 16 Married women's property; liability 11 Real property not exempt from sale

for debt for 10 Right to work; unions and member-

ship R

LAKE COUNTY Superintendent of public instruc-

tion, appointment 12 LAND ACQUISITION TRUST FUND

Outdoor recreational development; source of financing 9

LANDS see also: PROPERTY Commissioner of land and immigra-

tion 18 Condemnation, compensation of

Necessity R Payment 16

Drainage, private property; com-pensation 16

Married women see: MARRIED WOMEN'S SEPARATE PROPERTY

Public see: PUBLIC LANDS Remedy for injury to R

LARCENY Conviction; disqualification for

office, suffrage 6

LAWS Actions, limitat ion of; reducing

time 3 Additional; recommendations ___ 5 Amendment by legislature; pro-

cedure 3 Appropriations 3 Claims, requisites for passage __ 16 Consistent with constitution, con-

tinued in force _ _ _____ _ _ _ 18 Contracts; impairing obligations of DR County seats; new counties ___ 8 Criminal; effect of amendment __ 3 Distribution of printed 16 Effective date; exception 3 Election 3 Enacting clause; form 3 Ex post facto R Execution of, governor's duty with

respect to 4 Free speech, abridging _____ .uR General

County seats, removal 8 Incor:poration of companies __ 3 Intoxicants 19 Legislation, when by 3 Suits against state 3

Levy of taxes 9 Liberty of speech or press, abridg-

ing _j)R Local see: SPECIAL OR LOCAL

LAWS Paragraph, amendment by _____ 3 Passage in legislature; process __ 3 Publication 16 Religious sects; preference pro-

hibited Revision ---------~R 3 School funds, authorizing diversion

of 12 Section of law, how amended __ 3 Sects, preference, prohibited DR

Sec. 12 22 2

1

12

2C

17

8

12 29

28

33 13

16 30 11

2 17 4

32 6

18 26 15 17

6 13

4 25

2 20,21

22 3

13

16 17

6

6 16,17

13 16

6

LAWS (cont) Art. Special or local see: SPECIAL OR

LOCAL LAWS Statement of receipts and expendi

tures attached to and published with 3

Statutes see: STATUTES Subject, expressed in title 3 Subsection, amendment by ____ 3 Title to laws 3 Uniform operation 3 Veto power of governor 3

LEE COUNTY Superintendent of public instruc

tion, appointment ·--·····--····--·······---·-- 12 LEGAL ADVISOR

Attorney general as 4 LEGAL DISABILITIES

Criminals, certain denied right to vote or hold office --. ----- 6

Special or local laws relating to per-sons under 3

LEGISLATION Attorney general to recommend .... 5 Circuit judges to report advisable

legislation .......................................... 5

LEGISLATIVE BILLS see: LAWS; STATUTES; SPECIAL OR LOCAL LAWS Adjournment of legislature, effect .. 3 Amendment

By reference to title only, pro-hibited 3

Constitution 16 17

Either house 3 Appropriation

Current expenses 3 Two-thirds vote in certain cases_ 16 Veto of separate items 4

Approval by governor _____ 3 Authenticated, how ____ __ 3 Consideration of, proceedings in_ 3 Disapproval by governor ____ 3 Effective date 3 Enacting clause, form _____ 3 Governor, authority . re 3

4 Journal, entry of governor's objec-

tions _ 3 Majority required to pass 3 Municipal tax assessments; local

acts authorized ·-···-·····-··················· 8 Origin in either house 3 Presentation to governor after pas-

sage 3 Reading on three several days__ 3 Reconsideration in case of veto__ 3 Signing of, by presiding officers_ 3 Subject, expressed in . title ___ ____ 3 Subsequent session, laying vetoed

bill before legislature at _ _ _ 3 Title _____ 3 Veto by governor --····---------- 3

Appropriation bill - ------ 4 Reconsideration ------------- 3

Vote see: LEGISLATURE

LEGISLATIVE DEPARTMENT Apportionment of 7 Distribution of powers _ _ 2 Members see: LEGISLATORS

4068

Sec.

19

16 16

16,17 21 28

2B

22

II

20

6

6

28

16 19 1

14

20 11 18 28 17 17 28 18 15 28 18

28 17

22 14

28 17 28 17 16

28 16,17

28 18 28

3


LEGISLATORS Art. Civil offices to which ineligible for

appointment 3 Compensation 3 Compulsory attendance 3 Disorderly conduct 3 Election 3

7 Eligibility, holding lucrative offices 3 Expulsion of ---------------- 3 Extra session; convening by ------------ 3 First legislature ---------- 7 Free railroad passes to, prohibited 16 Judge of qualifications, elections and

returns, each house to be --- 3 Mileage 3 Number 7 Oath

Of office 16 Trial of impeachments; senators 3

Pay ___ 3 Per diem ------------------------------------············ 3 Qualifications 3 Quorum -----------·---------- 3 Residence, change; effect ---- 3 Salary ·····-------·-------····--·····-·······-·············· 3 Sessions, extending ·········---················ 3 Term of office --------- 7

LEGISLATURE Adjournment

Bills vetoed after, procedure_ _ 3 Day to day, by less than quorum 3 Governor may order, when dis-

agreement _ 4 Imprisonment for contempt of

legislature, after ----------- 3 Laws take effect 60 days after

final ----- 3 Less than quorum, by 3 Time of 3 To place other than seat of gov-

ernment ----------- 16 Veto of bills after, procedure___ 3

Administrative officers' reports laid before _ 4

Aliens, property of ________ DR Apportionment of members in, basis 7 Arms

Prescribing manner of bearing __ DR Public safekeeping ----- ----- 14

Attorney general to recommend ad-visable legislation ·······················--- 5

Authority vested in -------- 3 Ballot, provision for preserving pur-

ity of - ------------------- 6 Bills see: LEGISLATIVE BILLS Board of administration, creation,

powers, etc. - ------------------- 9 Board of regents, creation of office

with longer term than four years 16 Boards of health, establishment__ 15 Broward county tax assessor and

collector, to provide compensa-tion, duties, etc. for ________ 8

Cabinet members, may fix compensation of - ------------------ 4

Capitation tax, providing for -- 9 Census

Not to provide for -------------· 7 Reapportionment according to__ 7

Circuit courts Clerk; election, etc. _____ 8 Jurisdiction ·--··-··-···········-··-·-----·---······ 5

Sec.

5 4

11 6 3 2 7 6 2 1

31

6 4

2,3

2 29

4 4

4, 6, 7 11 8 4 2 2

:!8 11

10

9

18 11 13

10 28

27 18

3,4

20 2

6 1

9

16

7 1

18, 19

29 5

5 3

e 6

LEGISLATURE (cont.) Circuit judges

Art.

Additional, providing for appoint-ment of ···---···············--·········-··········- 5

Compensation ----·····---·····---·-······---··· 5 Committees; compelling attendance

of witnesses------------------ 3 Common carriers; regulation ---- 16 Communication of cause of officers

suspension to senate ---- 4 Compensation

16 5

Extra, vote required Judges, fixing ------

Consists of senate and house of representatives ------------- 3

Constitution of United States, amendment to, action on ----- 16

Constitutional amendment or revi-sion ------------

Contempt, punishment for --Convening of extra sessions See:

Extra sessions of, this head

17 18 3

Convicts, providing for excluding from office or suffrage ---- 6

Corporations Appropriations of public money,

etc., prohibited ---------- 9 General laws providing for -- 3

Counties Assistant tax assessors, appoint-

ment, etc. 8 Boundaries 8 Commissioners districts 8 Division into school districts -- 12 Grant of powers to 9 Taxation districts 8 Uniform system of government- 3

County boards of health, establish-ment 15

County courts, establishment and abolishment ·--·----------····-----·-··---------·· 5

County government, establishment of uniform system for 3

County judges, compensation .......... 5 County lines, changing 8 County officers' bonds, providing

for 8 County officers, providing for elec

tion of ----------- 8 County school fund, apportionment 12 County seat

New county, establishment--- 8 Providing general laws for ___ 8 Removal 8

Courts, establishment, limitation...... 5 Creation of office with longer term

than four years 16 Creditors of abolished municipality,

providing for 8 Criminal courts of record, establish

ment and abolishment -------------------- 5 Decennial census, provision for __ 7 Deduction from officer's salary for

neglect of duty, providing for ___ 16 Designation of ---------------------------------------- 3 Disorderly conduct, punishment______ 3 Distribution of laws 16 District school trustees, providing

for election of 12 Doors to be open during sessions _ 3 Drainage through private lands -- 16

4069

6 19

10 30,31

15

11 19

1

19

1-4 1 9

5

10 25

7 3 5

10 10 7

24

1

8

24 7 3

7

6 9

4 4 4 1

7,32

8

9 II

18 1 6 6

10 13 28


LEGISLATURE (cont.) Art. Elections

Ballots, purity preserved 6 Laws to regulate 3 Local or special laws 3 Members of legislature 3 State or county officers 3 Voting, method 6

Emergency succession of public officials; filling of vacancies ; moving of capitol to safer location_ 16

Executive officers Calling for information from _ 4 Salaries, change of 4

Expenditures of state, publication _ 3 Extended session

Legislature may call ---·--·······-··--· 3 Extra sessions of 3

First legislature Commissioner of agriculture's

4 7

17

duties, prescribing 18 Composition of 7 Normal schools, providin~ for_ 12 Public institutions, art1cle on,

carrying into effect 13 Registration law, passing ___ 6

Free railroad passes, etc., to officers of 16

Free school system, providing for _ 12 Gasoline and like taxes, duties re _ 9 Governor

Adjournment; disagreement _ _ Administrative officers' reports_ Extra or special sessions ___ _

4 4 3 4 7

Message to 4 Report of pardons, etc. 4 Salary, changing 4

Grand juries; power over ___________ DR Hillsborough county tax assessor

and collector, to provide compen-sation, duties, etc. for _ _ _____ 8

Homestead and exemption, enforcement of article -------- 10

House of representatives Clerk, authentication of bills __ 3 Impeachment, power of 3 Journals of proceedings _ ___ 3 Membership see: LEGISLATORS New counties, representation in _ 7 Officers, choosing of 3 Organization 3 Proceedings, rules of 3 Quorum ------- ------- - -- 3 Speaker see: SPEAKER OF

HOUSE OF REPRESENTATIVES

Impeachment proceedings 3 Incorporation laws, providing __ 3 Intoxicating liquors, enforcement

of local option --------- ---------- - 19 Investigations, compelling attend-

ance of witnesses ---------------------- - 3 Jacksonville, city of, merged with

Duval county ___ ______ 8 Joint resolutions, passage 3 Journals

Determination of necessity for constitutional revision to be entered on ______ 17

Governor's veto, entry on 3

Sec.

9 26 20

3,6 27 6

1A

27 29 19

2 2 8 3 3

8 1

14

4 2

31 1

16

10 27 1 8 3 9

11 29 10

12,13

6

17 29

12,28

2,4 6 6 6

11

29 25

2

10

9 17

2 28

LEGISLATURE (cont.) Journals (cont.)

Art.

Keeping of, by each house _ _ _ 3 Local acts, proof of publication,

to show ----·- ----Proceedings, entry on --=------::Proposed constitutional amend-

3 3

ment, er.try 17 Publication of 3 Veto message, entry of 3 Vote on vetoed bill, entry of _ _ 3 Yeas and nays, entry of, when_ 3

Judges' compensation, prescribing_ 5

Judicial circuits Additional, creation Designation

Jurors, fixing number------Justice of peace

5 5 5

Courts ; criminal trials; appeals_ 5 Districts; power to alter, abolish,

etc. - -------------- 5 Juvenile courts, authorized --- 5 Key West, city of, merged with

Monroe county ---- ------ - 8 Legislators ; organizational session,

special ; new members; election of officers - ------------ 3

Legitimizing children, special or locallaws 3

Licenses, providing for tax on __ 9 Lien laws, providing - -------------- - 16 Local laws see: SPECIAL OR

LOCAL LAWS Local option, enforcement ____ 19 Married women's separate property,

enforcement of article ··-· ·····- - 11 Members see: LEGISLATORS Militia, organization and discipline_ 14 Misconduct, power to punish for _ 3 Municipal courts, establishment _ 5 Municipalities

Appropriations, loans to individuals, etc. - ------------ 9

Establishment, abolition, power over 8

Uniform system of government _ 3 National guard 14 New counties

Election in 1888 ------Establishing Representation in

Ocala's claim against state, provid-

7 8 7

ing for ------------- 16 Officers, providing for election, etc. 3 Official designation ----------------- 3 Old age benefits, provision for __ 13 Orange county; creation, abolition

of county officers 20 Organization of ---- -------- 3 Pardon, etc., in cases of treason,

providing for -------------- 4 Parole commission, creation 16 Petition, right of people to ________ DR Pinellas county tax assessor and col-

lector, to provide compensation, duties, etc. for

Place of holding sessions ___ _

Probation officers

8 3

16 5

Prohibition, enacting laws for enforcement - --- ----------------------- 19

Public arms, providing for safe keeping of --------·-------- - - 14

Public institutions, regulations __ 13 Public lands, donation to settlers _ 16

4070

Sec.

12

21 12

1 12 28 28

12,17 19

6 6

22

11

11 12

10

2A

20 5

22

2

3

2 9 1

10

8 24 5

1 3 4

26 2A,27

1 3

1 6

11 32 15

20,21 1

10 12

2

2 1 5


LEGISLATURE (cont.) Art. Public officers

Prohibiting free railroad passes to 16 Salary reduced for neglect of duty 16

Publication of laws, providing for_ 16 Quorum 3 Race track funds, distribution ______ 9 Reapportionment of representation

in ---------------------------------- 7 Receipts of state, publication ___ 3 Records of; duties of secretary of

state ------------------ 4 Registration of electors ------ 6 Regular sessions 3 ReJ?resentation, decennial appor-

tiOnment 7 Reprieves, power to grant _____ 4 Return of legislation to, effect of

failure ------------------------------- 3 Revenue, sufficient, providing for _ 9 Rules of procec'.ure --------------- 3 Saint Lucie county tax assessor and

collector, to provide compensation, duties, etc. for 8

Salary of members------------ 3 Salt water fish and products, dele-

gation of authority re 16 School districts

Division of counties 12 Special tax distl :cts, providing for 12

School funds, division of --------------- 12 Schools, providing for free public _ 9

12 Senate

Communication to, of cause of of-ficer's suspension ___________________ 4

Confirmation of appointments; generals of militia ------------------ 14

Consent to removal of officer ___ 4 Executive session, doors closed

during 3 First, how composed ________ 7 Impeachments, trial of _____ _ 3 Members see: LEGISLATORS New election, in 1888 7 Officers, choosing 3 Organization -------------- 3 President see: PRESIDENT OF

SENATE Proceedings, rules of --------------- 3 Remstatement of suspended offi-

cer by action of -------------------------- 4 Secretary to authenticate bills__ 3

Senatorial districts ______ 7 Sessions

Adjournment see: Adjournment this index

Doors of houses to be open during 3 Executive session, doors closed

during __________ 3 Extended sessions 3 Extra sessions 3

4 7

17 Imprisonment for contempt dur-

ing --------------------- 3 Organizational session, special;

new members; election of officers ___ 3

Place of holding 3 16

Regular 3 Special

Governor may call ____ 3 4

Sec.

31 18

6 11 15

3,4 19

21 2 2

3 11

28 2 6

14,15 4

33

10 17 13 2 1

15

3 15

13 1

29

1 6 6

6

15 17

3,4

13

13 2 2 8 3 3

9

2A 1

10 2

2 8

LEGISLATURE (cont.) Art. Sessions (cont.)

Special (cont.) Limitation of business 4 Organizational session 3 Reapportionment of repre-

sentation in legislature___ 7 Temporary removal 16

Special and local legislation see: SPECIA!. OR LOCAL LAWS

Special sessions see: Sessions Special tax school district bonds,

providing for issuing ----------- 12 State board of health, establish-

ment ---------- 15 State bonds, issuance 9 State prison guard, providing for_ 14 Suits against state, providing gen-

eral law for 3 Supreme court

Justices 5 Library, annual appropriations _ 16

Taxation Authority of counties and cities _ 9 Rates of, prescribing ____ 9

Terms of office created by 16 Treason, pardoning 4 United States

Constitution, proposed amend-ment to, action on 16

Senators ------------- 3 Vagrants; home, workhouse, estab-

lishment 13 Veto of bills ------------- 3 Volunteer corps, providing for en

couragement of -------------------- 14 Volusia county tax assessor and col

lector, to provide compensation, duties, etc., for 8

Vote Wb 3 Claims or extra compensation,

bills allowing 16 Constitutional revision ____ 17 Expulsion of member 3 Extended session

Calling ____________ 3 Number required 3

Impeachment 3 Journal entries---------------------- 3 Proposed c~n:;titutional amend-

ments, rev1s10n -------------------------- 17 Reading of bill by sections, dis-

pensing with 3 Vetoes bill 3 Viva voce----------------------------- 6 Yeas and nays, final passage of

bill --------------------------------------------- 3 Witnesses, compelling attendance _ 3 Workhouse for vagrants __ __ 13

LEGITIMIZING CHILDREN Special or local laws 3

LEON COUNTY Seat of state government ----------- 16 Superintendent of public instruc

tion, appointment --------------------------- 12 LETTERS OF ADMINISTRATION

AND GUARDIANSHIP Jurisdiction 5

LIBEL Truth as discharge for publication _DR

LIBERTY Conscience, secured to all __ DR Deprivation of, without due process

of law forbidden R

4071

Sec.

8 2A

3 10

17

1 6 2

22

4, 19 27

5 1

7,32 11

19 31

2 28

2

16,17

17

11 2 6

2 2

29 12

1-4

17 28

6

17 10

2

20

1

2B

7

13

5

12


LIBERTY (cont.) Art. Right to enjoy and defend, inalien-

able ______ DR Speech and press, freedom of DR

LIBRARIES Schools, district school tax expended

toward 12 Supreme court

Annual appropriation 16 Selection of books for 16

LICENSES Legislature may provide license

taxes 9 Motor vehicle

Pledge for school capital outlay _ 12 Tax limitation 9

LICENTIOUSNESS Liberty of conscience shall not jus-

tify DR

LIENS Exempt ~roperty, on ---------- 10 Laborers , legislature to provide for 16 Mechanics', legislature to provide

for 16

LIEUTENANT GOVERNOR Existing office not vacated ____ 18

LIFE Deprivation of, without due process

of law _________________ DR Right of enjoying and defending,

inalienable DR

LIMITATIONS Reduction of statute of 3

LIVESTOCK Exemption in part from ad valorem

taxation 9

LITERARY PURPOSES Tax exemption 9

LOCAL LAWS see: SPECIAL OR LOCAL LAWS

LOCAL OPTION

16

Effective date of law 19 Elections for 19 Laws for enforcement 19 Statutes of 1918 preserved 19

LOTTERIES Prohibited in state 3

LUCRATIVE OFFICE Disqualification for seat in legisla-

ture 3 MAJ'OR-GENERALS

Appointment; rank 14

MALFEASANCE Suspension or removal of officers

for 4 MANATEE COUNTY

Superintendent of public instruction, appointment ·-·-··--······-·-···········-- 12

MANDAMUS Circuit courts and judges, issuance

by ························································ 5 Court of record, Escambia county,

issuance by -·-·-······················-·········-·· 5

Sec.

1 13

11

27 27

5

18 13

5

1 22

2

4

12

1

33

14A

1 16

4 1,2

2 3

23

7

3

15

2B

6

MANDAMUS (cont). Art. District courts of appeal and judges,

issuance by 5 Return of writ ···································--· 5 Supreme court, issuance by .............. 5 Who may issue 5

MANUFACTURERS Tax exemption for certain 9

MARRIAGE Between white persons and negroes

forbidden 16

MARRIED WOMEN'S SEPARATE PROPERTY Debts for which may be sold or se-

questered 11 Husband's debts, liability for___ 11 Legislature to enact laws to pro-

tect 11 What to be deemed as 11

MARTIN COUNTY Superintendent of public instruc-


MECHANICAL COMPANIES General law for incorporation oL 3

MECHANICS' LIENS Homesteads 10 Legislature to provide for ____ 16

MESSAGE OF GOVERNOR Legislature

MILEAGE

4

Legislators 3

MILITARY Disabled soldiers; tax exemptions_ 9 Duty of citizens; exemptlOns ______ 14 Governor as commander-m-chief_ 4 Quartering soldiers ------- 16 Subordination to civil power DR

MILITIA Adjutant general 4 Appointment of officers_____ 4 Brigadier generals, appointment_ 14 Calling out, authority of governor_ 14 Chief of staff__ 4 Commander-in-chief 4 Commissioned officers, governor to

appoint 4 Compensation, officers 4 Composition 14 Discipline 14 Executive office, officers may hold 16 Exemptions from duty _______ 14 Felonies in, trial on indictment__DR Indictment or information _____ _ DR Insurrection, calling out to suppress 14 Invasion, insurrection; calling out_ 14 Judicial office, officers may hold_ 16 Legislative office, officers may hold 16 Major-generals, appointment --- 14 National guard 14 Officers _____ 14

Appointment ___ 4 Holding other office 16 Rank __ 14 Retirement 4 Term of office 4

Organization 14 10

4072

Uniforms 14

Sec.

5 4, 5

4 4-6, 10

12,14

24

2 1

3 1

2C

25

1 22

9

4

9 1 4

23 21

16 16

3 4

16 4

16 16 1 2

15 1

10 10

4 4

15 15

3 5 3

16 15

3 16 16 2 3


MINING COMPANIES Art. General law for incorporation___ 3

MINORS see: INFANTS

MISCEGENATION Circuit court, appellate jurisdiction 5 County courts, jurisdiction 5 Forbidden 16 hnpeachment for misdemeanor in

office of certain officers 3 MISFEASANCE

Suspension or removal of officer for 4

MOBILE HOMES Motor vehicles; subject to license

tax in lieu of all other taxes __ 9

MONEY see: PUBLIC MONEY; PURCHASE MONEY

MONROE COUNTY Judicial circuit created for 5 Merger with city of Key West; new

powers, jurisdiction; legislature_ 8 Superintendent of public instruc-

tion, appointment 12 Tax assessments, consolidation of

state, county and municipal as-sessments ····-·······-··----····--······· 8

MORTGAGES Certified copy of record, prima facie

evidence 16 Homestead 10

MOTION PICTURE STUDIOS Tax exemption 9

MOTOR VEHICLES Ad valorem tax on, prohibited __ 9 License f:ax

House trailers 9 Mobile homes 9 Only --···--·-· 9 Pledge for school capital outlay_ 12 Trailer coaches 9

Manufacturers of Parts, tires; tax exemption___ 9 Tax exemption 9

Taxation Anticipation certificates, issu

ance for school capital outlay __ 12 Exemption 9 Form of 9

MUNICIPAL CORPORATIONS Abolishment by legislature ____ . 8 Alteration, amendment by legisla

ture of government, jurisdiction and powers --------------------------------------- 8

Appropriations to individuals, com-panies, etc. prohibited ·-----···--···-•··- 9

Assessments --·-··-------- 9 Bonds; purpose for issuing 9 Classification -·---······----···-······----··- - 3 Courts see: MUNICIPAL COURTS Credit, loaning ------------ 9 Creditors of, protection on abolish-

ment _____ __ 8 Establishment by legislature____ 8 Government of, legislature may pro-

vide for _____ 8 Gross receipts taxes, placing in

capital outlay fund _________ 12 Home rule charter, Dade and Hills

borough counties, effect --------------- 8 Homesteads; lnclusion in city limits 10 Incorporation, general law______ 3

Sec. 25

6 8

24

29

15

13

6

10

2B

lOA

21 4

14

13

13 13 13 18 13

12 12

18 12 13

8

8

10 5 6

24

10

8 8

8

19

11,24 5

24

MUNICIPAL CORPORATIONS (cont.) Art. Investment in private corporations

prohibited Jacksonville, city of; merged with

Duval county Jurisdiction, legislature may pre

scribe

9

8

8 Key West, city of; merged with

Monroe county ------- 8 Officers ----------- 3

16 Powers, legislature may prescribe_ 8 School districts 12 Special and local acts 3 Stockholder in company, etc., pro-

hibited Taxation

Assessment, collection within certain counties See: Specific counties

Assessments by county tax asses-

9

sor ······-······-··-·-···---··-··········· 8 Authority 9 Exemption, property for munici

pal purpose -------- 9 16

Uniform system of government for 3

MUNICIPAL COURTS Appellate jurisdiction, cases arising

in ·········-·-·············································· 5 Established by legislature ................ 5 Officers, special or local laws regu

lating jurisdiction and duties_ _ 3 Practice in, special or local laws

regulating 3

MUNICIPALITIES see: MUNICIPAL CORPORATIONS

NAMES Changing by special or local law _ 3

NATIONAL GUARD 14

NATURALIZED PERSONS Registration as elector 6

NATURE OF ACCUSATION Accused entitled to DR

NEGLECT OF DUTY Deduction from official salaries for 16 Suspension or removal of officers for 4

NEGROES Inter-marriage with white persons

forbidden 16 Schools for ________ 12

NEW COUNTIES see: COUNTIES NON COMPOS MENTIS

Qualification as electors 6 NORMAL SCHOOLS

Provided by legislature _____ 12

NOTARIES PUBLIC Authority to fill legislative, execu-

tive or judicial offices 16 OATHS AND AFFIRMATIONS

Electors ---------------------- 6 Information in criminal courts ........ 5 Office, form prescribed ________ 16 Senators, impeachment trial ____ 3 Warrants for search and seizure to

be supported by __________ .DR

OBLIGATION OF CONTRACTS Laws impairing, forbidden __ ____l)R

4073

Sec.

10

9

8

10 20 14 8

11 21,24

10

22 5

1 16 24

6 1

20

20

20 5

1

11

18 15

24 12

4

14

15

3 9 2

29

22

17


OCALA. CITY OF Art. Claim against state ------ 16

OFFENSES Bailable ----------LJR

OFFICERS see also: ADMINISTRATIVE OFFICERS Accounts of, adjustment by comp-

troller 4 Appointment to be provided __ 3 Beginning of term 18 Bonds, sureties on 16 Civil service systems and boards,

establishments ·····-··························· 16 Compensation see: COMPENSA

TION AND SALARIES Continuance in office after constitu

tion ratified ------ --- - 18 County see: COUNTY OFFICERS Discount of fare to salaried, pro

hibited 16 Drunkenness, grounds for removal

or suspens1on from office __ _ Duties Election

4 3 3

18 Elective offices; term for appointees 18 Emergency succession of public

officials __ 16 Fees, special or local laws regulat-

ing · Filling of vacancies Foreign officers, holding office in

3 4

state ____ 16 Forfeiture of part of salary for

neglect of duty _ 16 Free railroad, etc., passes to___ 16 Governor to transact all executive

business with -~---Holding over until successor is

4

qualified -:-------- 16 Impeachment of 3 Indictment not barred by suspen-

sion or removal _ ____ 4 Malfeasance or misfeasance ___ 4 Militia, appointment - ------ 4 Neglect of duty

Forfeiture of part of salary for_ 16 Suspension for 4

Oath of office 16 Personal attention to duties ________ 16 Presiding officers see: PRESIDING

OFFICER Reinstatement after suspension__ 4 Removal _______ 4

12 Salaries see: COMPENSATION

AND SALARIES Special or local laws regulating

jurisdiction, duties, etc., forbidden 3 Successors to suspended officers_ 4 Sureties on bonds 16 Suspension

Causes of 4 Communication of causes to sen-

ate 4 Duration of 4 Governor's authority 4 Indictment; not bar to_____ 4 Reinstatement 4 Treason 4

Term of office see: TERM OF OFFICE

Vacancies, filling of as result of enemy attack 16

Sec. 26

9

23 27 14 13

34

3

31

15 27 27

9 6

1A

20 15

15

18 31

5

14 29,34

15 15 15

18 15 2

17

15 ll\ 3

20 15 13

15

15 15 15 15 15 11

OFFICES Art. Appointments to office see:

APPOINTMENTS TO OFFICE Convicts excluded from holdmg_ 6 Government

Location at seat of government_ 16 Temporary removal ______ 16

Holding United States or foreign, as disqualifying 16

Impeachment, effect of judgment on 3 Larceny conviction; disqualification

for office, suffrage 6 Legislators, inehg1ble to certain_ 3 Lucrative, holding as disqualifying

for legislature 3 Oath of office 16 One person to hold only one _ __ 16 Personal attention to duties, by

persons holding 16 Reinstatement in _ _ 4 Removal from : impeachment __ 3 Suspension from -------------- - ----- 4 Terms of office see: TERMS OF

OFFICE , Vacancy in see: VACANCY IN

OFFICE OFFICIAL ACTS

Record of 4 OFFICIAL BONDS see: BONDS OIL REFINERIES

Tax exemption 9 OKEECHOBEE COUNTY

Superintendent of public instruc-tion, appointment 12

OLD AGE BENEFITS 13 OPINIONS

Religious Exemption from militia duty be-

cause of 14 Witness not rendered incompetent

by . ..DR Supreme court justices; rendered to

governor 4 ORANGE COUNTY

County officers Abolition, creation. consolidation 20 Referendum - - ------ 20

Justice of peace districts, revising boundaries ----------··---------------- 5

Superintendent of public instruction, appointment ----------------------------- 12

OUTDOOR RECREATIONAL DEVELOPMENT Attorney general; validation pro-

ceedings, handling 9 Bonds

Maximum interest rates and dis-counts 9

Revenue, issuance 9 Council, powers and responsibilities 9 Land acquisition trust fund

Administration - - - ------ 9 Creation, purpose and duration_ 9 Sources of financing --- ------- 9

Lands, water areas and related re-sources, acquisition; financing ___ 9

State board of administration, as fiscal agent _________ 9

PALM BEACH COUNTY Criminal court of record, clerk of

circuit court to serve also as clerk 5 Superintendent of public instruc-

1A

4074


Sec:.

5

10 10

15 29

5 5

7 2

15

17 15

29,34 11,15

21

12

2C 3,4

1

5

13

1 2

llA

2B

17

17 17 17

17 17 17

17

17

9

2C


PAPER MANUFACTURERS Art. Tax exemption 9

PAPERS Sear ch for, requisites DR

PARDONS Board of

Fines and forfeitures; remission ~ 4

Members __ 4 Commutation of punishment __ 4 Conditional, by parole commission 16 Legislature grants in treason __ 4 Reports of convictions of treason by

governor to legislature 4 PARI-MUTUEL POOLS

Distribution of taxes on 9

PAROLE COMMISSION Conditional releases 16 Creation, powers, terms----··-·-·--········-· 16 Probation ---····················-········-··-··········· 16

PASCO COUNTY Civil jury suits; location in certain

cities 16

PAUPERS Costs, criminal cases ----- 16

PEACE Judicial officers as conservators of.. 5 Officers see: CONSTABLES,

SHERIFF Practices subversive to general wel-

fare; religious freedom ______ DR Public peace, preservation of; call-

ing out militia 14

PENALTIES Common carriers, enforcement of

laws -------·-···---------------···-······--·····----- 16 Imprisonment see: IMPRISONMENT Legislators, against ----------------------- 3 Punishment see: PUNISHMENT Under constitution of 1868, due __ 18

PENITENTIARY see: PRISONS

PEOPLE Arms, right to bear .DR Assembly, right of .DR Federal government, paramount al-

legiance to ______ .DR Instruction, right of DR Petition, right of ____ ___ .DR Political power inherent in .DR Remedy for injury to .. _____ _ _ .DR Rights not enumerated in constitu-

tion, retention of _______ DR Searches and seizures, right of

security against DR

PERJURY Conviction of, disqualified for office

or suffrage 6

PERMANENT HOME Tax exemption -------- 10

PERSONAL PROPERTY see: PROPERTY

PETITION Right of DR

PETROLEUM AND LIKE PRODUCTS Taxes, distribution and use ___ 9

Sec. 12

22

12 12 12 32 11

11

15

32 32 32

4E

9

25

5

4

30

11

1

20 15

2 15 15

2 4

24

22

7

15

PINELLAS COUNTY Art. Assessment, collection of all taxes

levied 8 Civil jury trials; location in certain

municipalities within county·-····-- 16 Superintendent of public instruc-

tion, appointment ···---·····-- ······--· 12 PLEAS

Criminal cases, when filed ln DR PLURALITY AT ELECTIONS

As constituting choice 16

POLITICAL DIVISIONS Counties of state 8 Existing at time of adoption of

constitution, recognition 8 POLITICAL POWER

Inherent in citizens R

POLL TAX --------- 6

POOR. INFIRM. AGED CITIZENS Counties to provide aid and homes 13

POSSESSION OF PROPERTY Inalienable right -------.JJR

POWERS State government; distribution -- 2

PREFERENCE To church or sect, forbidden __DR

PRESENTMENT Felonies tried on -------~R

PRESIDENT OF SENATE Act as governor

Qualifications of governor not ap-plicable 4

When governor's office vacant_ 4 Choosing of ··················-··--··--···--··-··--··· 3 hnpeachment proceedings against

governor, pending; acting as gov-ernor 3

Qualifications for office 4 S ign bills and joint resolutions __ 3

PRESIDING OFFICER Acting as governor, when __ _ 3

4 House of representatives 3 Senate--------- -- 3 Signing bills passed by legislature _ 3

PRESS Freedom of ---------...JJR

PRIMA FACIE EVIDENCE Recorded mortgages and deeds __ 16

PRISONS County ----------- 13 State 13 Supervision 4

PRIVATE HOMES Soldiers quartering .u...----- 16

PRIVATE PROPERTY see: PROPERTY

PROBABLE CAUSE Searches and seizures, warrant

issued on DR PROBATE JURISDICTION

Appellate; district courts of appeal 5 Original, county judge ········-·-····-···-· 5

PROBATION

16

4075

Officers, for juvenile court ····-········ 5 Parole commission may grant __ 16

Sec:.

20,21

4A

2A

10

8

1

2

2 8

3

1

8

10

3 19

6

34 3

17

34 3,19

6 6

17

13

21

2 2

26

23

22

5 7

12 32


PROCESS Due process of law, deprivation of

life, liberty, or property without DR Homestead, sale under 10 Justices of peace; power to issue.... 5 Style of .................................................. 5 Witnesses, compulsory, for attend-

ance of R 3

PROCESS SERVERS Dade county; appointment, com-

pensation ............................................ 5

PROCLAMATION BY GOVERNOR Calling extra session of legislature _ 3

4 Copy of constitution, announcing

receipt of 18 PROHIBITION

Court of record, Escambia county, issuance by ........................................ 5

District courts of appeal and judges issuance by ........................................ 5

Local option 19 Return of writ .................................... 5 Who may issue 5 Writ of

Circuit courts and judges, issu-ance by ····································-···· 5

Supreme court, issuance by ........ 5 PROPERTY

Acquisition, possession, right of_ .. DR Aliens, rights of. __DR Corporation, taxation 16 Deprivation of, without due process

of law - ----·----·--···DR Drainage through private property 16 Exemption from taxation ____ 10

9 Foreigners to have rights of citizens

in ---- - - -- R Judgments and decrees see:

JUDGMENTS AND DECREES Labor, real property not exempt

from sale for debt for IO Married women's separate ___ 11 Minors, sale 3

5 Taking, without compensation for-

bidden .DR 16

Taxation see: TAXATION Title, jurisdiction of. cases involv-

ing ........................................................ 5

PROSECUTING ATTORNEY Assistants, appointment, etc., Hills-

borough county _________ 5 County court

Compensation, duties, election, etc ................................................... 5

Criminal court, effect of existence 5 County solicitor; court of record,

Escambia county ............................ 5 Dade county, state attorney as

prosecuting attorney, criminal court of record 5

Election, term, etc. .............................. 5 Eligibility of state attorney for ap-

pointment as .................................... 5 Hillsborough county, separate offices

from state attorney -------··--·---- - 5 Intormation under oath, filing __ 5 Juvenile court ...................................... 5 Power to .file intormation_ ___ _DR

12 1

11 20

11 10

9B

2 8

12

10

5 1

4, 5 4-6, 10

6 4

I 18 16

12 28

I, 7 1, 9

18

1 1. 2 20 7

12 29

6

9C

8 9

10

9B 9

9

9C 9

12 10

PROSECUTIONS see: CRIMINAL Art. PROSECUTIONS

PROTECTING PROPERTY Inalienable right R

PUBLIC FREE SCHOOLS see: SCHOOLS

PUBLIC HEALTH see: COUNTY BOARD OF HEALTH; STATE BOARD OF HEALTH

PUBLIC INSTITUTIONS see: STATE INSTITUTIONS

PUBLIC INSTRUCTION see: SUPERINTENDENTS OF PUBLIC INSTRUCTION

PUBLIC LANDS Commissioner of agriculture,

amendment eliminating his su-pervision re __ 4

Commissioner of land and immigra-tion ...................................................... 18

Donation to settlers ............................ 16 Proceeds to state school fund .......... 12

PUBLIC MONEY Administrative officers, reports of.... 4 Appropriation, drawing without,

forbidden ............................................ 9 Church or sect, aid prohibited ........ DR Disbursement, comptroller's order

required 4 Publication of receipts and expendi-

tures 3 PUBLIC OFFICE

Certain convicted persons excluded 6 PUBLIC OFFICERS see: OFFICERS;

also Specific Heads PUBLIC PEACE

Preservation of, calling out militia _ 14 PUBLIC SAFETY

Suspension of habeas corpus DR PUBLIC SCHOOLS see: SCHOOLS PUBLIC SERVICE

Regulation 16 PUBLICATION

Determination of necessity for constitutional revision 17

Journal of le~islature 3 Judicial decis10ns 16 Laws 16 Proclamation of receipt of copy of

constitution -------··-- ·-- 18 Proposed constitutional amend-

ments; referendum _ ______ 17 Receipts and disbursements of pub-

lic money ------------ 3 Special or local laws, intention to

apply for 3 PULP WOOD

Manufacturers, tax exemption, time limit 9

PUNISHMENT Amendment or repeal of statute

as affecting 3 Commutation of 4 Contempt of legislature _____ 3 Cruel or unusual, prohibited _ _ .DR Fraud, imprisonment for debts

in cases of _ R Impeached officers 3

4076

Sec.

1

26

8 5 4

27

4 6

24

19

5

4

7

30

2 12

6 6

12

1

19

21

12

32 11,12

9 8

16 29


PUNISHMENT (cont.) Art. Imprisonment see: IMPRISONMENT Involuntary servitude DR Legislators, disorderly conduct_ 3 Penalties see: PENALTIES Previous crime unaffected by repeal

or amendment of statute _____ 3 Special or local laws regulating__ 3

PURCHASE MONEY Married women's property ___ 11 Obligations enforceable against

property 10

PURSUIT OF HAPPINESS Inalienable right of R

PUTNAM COUNTY Superintendent of public

instruction, appointment 12

QUALIFICATIONS see: Specific heads

QUO WARRANTO Circuit courts and judges, issuance

by -----------------------------------···················· 5 Court of record, Escambia county,

issuance by ........................................ 5 District courts of appeal and judges,

issuance by ........................................ 5 Return of writ .................................... 5 Supreme court justices, issuance by 5 Who may issue 5

QUORUM Legislative houses 3 Supreme court ...................................... 5

RACE TRACK FUNDS Distribution 9

RAILROADS Free passes or reduced fare pro-

hibited to state officers 16

REAL PROPERTY see: PROPERTY

REAPPORTIONMENT Legislature ----------

REBELLION 7

Suspension of habeas corpus DR

RECOMMENDATIONS Governor to legislature 4 Proposed legislation by circuit

judges ·······-············-----········--··········· 5 RECORDER

County, clerk of circuit court to be.. 5

RECORDS Deeds, mortgages; evidence ____ 16 Legislative and executive, secretary

of state to keep 4 Referees; keeping and filing ............ 5

REDRESS Right of petition for R

RE-ELECTION Governor, ineligible for 4

REFEREE Appeal from judgment of ................ 5 Appointment, in civil cases ............ 5 Practicing attorney at law, must be 5 Record, keeping and filing ·······-······· 5

Sec.

19 6

32 20

2

1

1

2C

6

10

5 4,5

4 4-6,10

11 4

15

31

3,4

7

9

6

6

21

21 21

15

2

21 21 21 21

REFERENDUM Art. Abolition of county school trustees .. 12 Amendment, revision of constitution 17 Bonds 9 Broward county, taxation _____ 8 Dade and Hillsborough counties;

home rule charter 8 Hillsborough county, taxation-- 8 Local option laws __________ 19 Municipal tax assessments; local

acts ...................................................... 8 Orange county; regarding proposed

article 20, section 1 20 Pinellas county, taxation 8 Saint Lucie county, taxation___ 8 Special or local laws 3 Superintendent of public instruc-

tion; appointment of in certain counties 12

Volusia county, taxation 8 REFUNDING BONDS

Referendum, when required___ 9 REGISTRATION OF ELECTORS see:

ELECTORS RELIGION

Exemption from military duty on account of religious creed ____ -'14

Freedom of R Preference prohibited _])R Tax exempt property 9 Witnesses, incompetency for relig-

ious opinion __J)R REMEDY BY LAW

For injury; all persons DR REMOVAL FROM OFFICE

Impeachment 3 Officers, generally 4 Subordinate school officers 12

REPORTS Administrative officers ------ 4 Attorney general, to legislature ...... 5 Circuit judges to attorney generaL.. 5 Governor, pardons, remissions, etc. 4

REPRESENTATIVES see: LEGISLATORS; LEGISLATURE

REPRIEVES Governor's power to p-ant 4 Legislature's power to grant___ 4 Report of, to legislature 4

REPUTATION Remedy for injury to _____ .DR

RESIDENCE Circuit judges ·····-····-·····················- 5

Duval county .................................... 5 County clerk 16 Governor 4 Homesteads 10 Old age benefits 13 Sheriffs 16 Sureties on official bonds 16

RESOLUTIONS Legislative joint resolutions;

procedure for enactment ---RETIREMENT

3

Circuit judges 5 District courts of appeal judges __ 5 Judges; vacancies caused by, filling 5 Militia officers 4 National guard officers 14 Supreme court justices 5

4077

Sec. lUA 1-4

6 18,19

11,24 12,13

2

22

2 20,21 14,15

21

2A 16,17

6

1 5 6 1

5

4

29,34 15 3

27 6 6

11

11 11 11

4

6 26

4 3 1 3 4

30

17

17, 19 17, 19

14 16

5 17,19


RETURNS ~ Elections, legislature to provide_ 6

REVENUE see also: PUBLIC MONEY; TAXATION Legislature to provide sufficient__ 9

REVISION Constitution

Additional method----- 17 Convention for 17 Election on question o 17 Necessity for, determined by leg-

islature 17 Laws, proceedings on passage of_ 3

BIGHT OF WAY Appropriation, compensation ___ 16

BIGHT TO WORK Privilege of all persons, ____ _J..JDR

BIGHTS Adoption of constitution, continue

valid after 18 Assembly of -:---,---,----_uR Enunciation of, not impairment of

others retained by people DR Inalienable, all men have severaL...DR Trial by jury R

ROADS Special or local laws vacating, for

bidden ----------

SAFETY Practices subversive of public safe-

3

ty, not justified _DR Right of obtaining, inalienable__DR Suspension of habeas corpus, re

quirement for public safety __DR

ST. LUCIE COUNTY Assessment, collection, all taxes

levied 8 Superintendent of public instruc

tion, appointment ···- ······-········-····· 12 SALARIES OF OFFICERS see: COM

PENSATION AND SALARIES SALT WATER FISH AND PROD

UCTS Conservation, delegation of powers 16

SARASOTA COUNTY Homestead exemption, provides first

$2000 assessed valuation be exempt from 10

Superintendent of public instruc-tion, appointment -························· 12

SCHOOL DISTRICTS Abolition of county school district

trustees .............................................. 12 Broward county; tax levy, collection 8 City or town may constitute ___ 12 Division of counties into 12 Hillsborough county; tax levy, col-

lection 8 Pinellas county; tax levy, collection 8 Saint Lucie county; tax levy, col-

lection 8 School tax, levy, expenditure, etc._ 12 Special tax, bonds 12 Supervision of schools within__ 12

12 Trustees, county school district ........ 12 Trustees of districts 12

12 Volusia county; tax levy, collection 8

Sec. 2

2

4 2 2

2 17

29

12

1 15

24 1 3

20

5 1

7

14,15

2B

33

7

2A

lOA 18,19

11 10

12, 13 20,21

14,15 10 17 10

lOA lOA

10 lOA

16,17

SCHOOL FUND Art. Capital outlay and debt service; ad-

ministration; expenditures ___ 12 County

Apportionment ----,,.....----- 12 Capitation taxes go into 6

9 12

Derived how -------- 12 Disbursement 12 Diversion of, from school pur-

poses 12 School officers paid fromL---- 12

District Diversion from school purposes_ 12 Equitable distribution o 12 Expended, how 12 Raised, how 12

Sectarian schools, use for, forbidden 12 State

Control by state board of education

Derived, how--.,--~---Diversion from school purposes,

forbidden Interest

12 12

12

Application to use of public free schools ·------ - 12

County's proportion to go into county school fund _____ 12

Distribution among counties_ 12 Principal to be inviolate 12

SCHOOLS Buildmgs, construction; repair; fin-

ancing 12 Capital outlay, debt service 12 Capitation tax; use for____ _ _ 9 Districts see: SCHOOL DISTRICTS Escheated property, proceeds to _ 12 Free schools 12 Funds see: SCHOOL FUNDS Houses, building and repairing from

district school fund.------ 12 Legislature to provide for:____ 9

12 Libraries, expending district school

tax for 12 12 Normal, establishment ____ _

Officers Compensation, payment ____ 12 County 12 Eli~ibility to legislative, execu-

tive and judicial offices ___ 16 Removal of subordinate 12

Public system, free 12 Revenue to support 9 Sectarian, use of public school funds

for 12 Separate schools; white and colored 12 Special or local laws_ 3 State board of education; members 12 Superintendents of public instruc-

tion see: Specific heads Tax

County Part of county school fund_ 12 Tax millage to be levied 12

District Amount not to exceed ten mills

on the dollar 12 Levy and collection 12 Special tax school district__ 12

State, distribution among coun-ties 12

Teachers' salaries ------- 12

4078

Sec:.

18

9 8 5 9

8, 9 9

13 15

13 11 11 10 13

3 4

13

4

9 7 0

18 18 I

4 1

11 2 1

11 14

15 10

15 3 1 2

13 12 25 3

9 8

10 10 17

'I 11


SCHOOLS (cont.) Art. Textbooks, purchase 12 Trustees, county school district__ 12 Uniform system 12 Vocational technical schools-- 12

SCIENTIFIC PURPOSES Exemption of property used for_ 9

SEAL OF THE STATE Commissions, attachment to 4 Custodian, secretary of state___ 4 Grants, attachment to 4 Present seal continue 16

SEARCHES AND SEIZURES Unreasonable, security againsL_DR Warrants, probable cause DR

SEAT OF GOVERNMENT Buildings, custodian 4 Legislative session held a 3 Location 16 Offices of government. 16 Relocating state capitol to safer

location during certain emergencies 16

Temporary removal 16

SECRETARY OF SENATE Signing bills passed by senate__ 3

SECRETARY OF STATE Administrative officer 4 Bills vetoed after adjournment of

le~islature filed wit 3 Copies of constitution, sending to

circuit clerks and county judges 18 County officers' bonds filed with- 8 Duties 4 Education, board of, member ___ 12 Election 4 Extra session, legislature; duties re.. 3 Governor, assistance to 4 Grants and commissions by gover-

nor, countersigning 4 Impeachment of 3 Legislature, extra sessions, duties re 3 Office at seat of governmen 16 Pardon board member of. 4 Records of official acts, keeping__ 4 Salary 4 Seal of state, custodian of 4 Special or local laws, notice of inten-

tion to enact, filed with 3 Term of office 4

SECTARIAN INSTITUTIONS Public money not to be taken in

aid of R School fund not to be used for sec-

tarian schools 12 SECTS

Preference to, by law, forbidden__DR Public money not to be taken in aid

of R SECURITIES

Treasurer to keep 4

SELF ACCUSATION Not to be compelled DR

SEMINOLE COUNTY Superintendent of public

instruction, appointment 12

SENATE see: LEGISLATURE

SENATORIAL DISTRICTS..._ __ _ 7

See. 11 10 1

19

1

14 21 14 12

22 22

21 1 1

10

1A 10

17

20

28

12 7

21 3

20 2

20

14 29 2

10 12 21 29 21

21 21

6

13

6

6

24

12

2C

SENATORS see: LEGISLATORS; Art. UNITED STATES SENATORS

SENTENCE Courts; plea of guilty, time DR Execution of 4

SENTIMENT Every person may speak or write_DR

SEPARATE PROPERTY Married women's 11

SEQUESTRATION Married women's property 11

SERVITUDE Allowed only as punishment for

crime R SETTLERS

Donation of public lands to 16 SHERIFF

Compensation ·····-··-······-········--------- 8 Deputies -----------------······················---------· 16 Duties and powers ................................ 8 Election ····--········-································· 8 18 Executive officer of criminal court

of record, fees and duties .............. 5 Residence ···········--································ 16 Term of office ···········-····-····················· 8

SHIP CANAL Exemption from taxation of cor-

poration to construct 16 Special legislation o 3

SLAVERY Prohibited R

SMALL CLAIMS COURTS Appeals to circuit court --··-········-··· 5

SOLDIERS Disabled; tax exemptio 9 Militia see: MILITIA National guard 14 Quartering in private house forbid-

den 16 SPEAKER OF HOUSE OF REPRE

SENTATIVES Acting as governor

Pending impeachment proceed-ings against governor 3

Qualifications of governor not ap-plicable 4

Vacancy left by governor--- 4 Choice of 3 Signing bills passed by house___ 3

SPECIAL OR LOCAL LAWS Claims; two thirds vote of legisla-

ture 16 County government, for 3 Enactment 3 Forbidden in certain cases 3 Intoxicants, sale; referendum___ 19 Municipal governments 3 Municipal tax assessments ···-········· 8 Passage forbidden for

Adoption of childre 3 Agricultural associations or com-

panies 3 County seat, removal o 8 Courts, practice in 3 Crimes, punishment 3 Decedent's lands, sale o 3 Deeds, validation 3 Divorce, granting 3 Educational associations or com-

3,4

4079

panies 3

Sec.

10 11

13

1-3

2

19

6 4 6 6

10

9 4 6

16 25

19

6

9

5

23

34

3 19 6

17

11 24 21 20

2 21,24

22

20

25 4

20 20 20 20 20

25


SPECIAL OR LOCAL LAWS (cont.) Art. Passage forbidden for (cont.)

Elections, conducting 3 Fees of officers _ 3 Ferries, establishment 3 Grand juries, summoning1 etc.__ 3 Incorporation of comparues, asso-

ciations, etc. 3 Juries, summoning, etc. 3 Legal disabilities, removing___ 3 Legitimizing children 3 Mechanical associations or com-

panies 3 Mercantile associations or com-

panies 3 Mming associations or companies 3 Minors

Disability, removal 3 Real estate, sale 3

Names, changing 3 Officers, jurisdiction and duties- 3 Real estate, sale of minors', etc._ 3 Roads, vacating 3 Taxes, assessment and collection_ 3 Transportation associations and

companies 3 Venue, changing 3 Voting, designating place for __ 3 Wills, validating 3

Passage when not forbidden 3 Public schools, as to 3 Publication of intention to apply

Journals to show 3 Proof of 3 Referendum in lieu o 3

Schools 3 Ship canal, as to 3 Umversity, as to 3

SPECIAL SESSION OF LEGISLATURE see: Sessions under LEGISLATURE

SPECIAL TAX SCHOOL DISTRICTS Bonds, referendum when required._ 12 Taxes, see: Specific counties

SPEECH Freedom of R

SPEEDY AND PUBLIC TRIAL Accused person entitled to DR

STATE Administrative officers see: AD

MINISTRATIVE OFFICERS Attorney see: STATE ATTORNEY Attorney general see: ATTORNEY

GENERAL Boards see: Specific heads Bonds, purpose of issuance 9 Boundaries, defined 1 Buildings

Capitol and grounds, custodian_ 4 Educational purposes, supervision 4

Census 7 Commissioner of agriculture see:

COMMISSIONER OF AGRICULTURE

Compensation claims, extra, against 16 Comptroller see: COMPTROLLER Corporations, owner or stockholder

in 9 Counties, division into 8 Credit, pledge or loan of 9 Debt, legislature to provide for__ 9 Donations to _ 12 Expenses, current, appropriations

for 3

Sec.

20 20 20 20

20 20 20 20

25

25 25

20 20 20 20 20 20 20

25 20 20 20 21 25

21 21 21 25 25 25

17

13

11

6

21 25 5

11

10 1

10 2 4

STATE (cont.) Art. Federal government, dissolution of

connections with R Flag 16 Funds

Game fund 4 Public see: PUBLIC MONEY Road distribution fund 9 School see: SCHOOL FUNDS

Government see: STATE GOVERNMENT; SEAT OF GOVERNMENT

Joint owner or stockholder in com-pany, etc. 9

Militia see: MILITIA National guard __________ 14 Officers see: ADMINISTRATIVE

OFFICERS; OFFICERS Offices

Location 16 Temporary removal 16

Prison see: STATE PRISON Prosecutions in name of -- ----------------- 5 Seal see: SEAL OF STATE Secretary of state see: SECRE-

TARY OF STATE Suits against authorized 3 Superintendent of public

instruction see: SUPERINTENDENTS OF PUBLIC INSTRUCTION

Treasurer see: STATE TREASURER

Warrant see: WARRANT STATE ADMINISTRATIVE OF

FICERS see: ADMINISTRATIVE OFFICERS; OFFICERS

STATE ATTORNEY Assistants, appointment, etc., Hills-

borough county ___ 5 County solicitor, eligibility for ap-

pointment as ------------------------------------ 5 Dade county, state attorney as pros-

ecuting attorney, criminal court of record .5

Duties ---------------------------------·-------------------- 5 Election -------------------------------------------------- 5 Hillsborough county, separate offices

from county solicitor _____ 5 Number -------------------------------------------------· 5 Term of office --------------··-·-·---·-··--·-··-···· 5

STATE BOARD OF LAW EXAMINERS Statutes effective -·····-·-··-······--··--·······- 5

STATE BOARDS Administration 9 Education 12 Health _ 15 State institutions, commissioners of 4

STATE COMPTROLLER see: COMPTROLLER

STATE CONSTITUTION see: CONSTITUTION OF FLORIDA

STATE FLAG 16 STATE GAME FUND

Creation; use

STATE GOVERNMENT 4

Located at Tallahassee 16 Offices of government 16

STATE INSTITUTIONS

30

4080

Benevolent; state maintained 13 Blind and deaf persons; care=== 13 Board of commissioners of 4

Sec.

2 12

30

16

10

5

10 10

20

22

9C

9

9B 6 6

9C 6 6

26

16 3

1-3 17

12

30

1 10

1 1

17


STATE INSTITUTIONS (cont.) Art. Deaf persons, care _________ 13 First legislature; duty to enact cer-

tain laws __ 13 Insane persons; care 13 Juvenile offenders, house of refuge

for 13 State prison 13 Support ______ 13 Vagrants, home for 13

STATE MILITIA see: MILITIA

STATE OFFICERS see: ADMINISTRATIVE OFFICERS; OFFICERS

STATE PRISON Establishment 13 Guard for 14 Supervision 4

STATE REVENUE see also: TAXATION Legislature to provide 9

STATE ROAD DISTRIBUTION FUND Depository for state gasoline tax__ 9

STATE SCHOOL FUND see: SCHOOL FUND

STATE SEAL see: SEAL OF THE STATE

STATE SUPERINTENDENT OF PUB· LIC INSTRUCTION see: SUPERINTENDENTS OF PUBLIC INSTRUCTION

STATE TREASURER Administrative officer ·······---------- 4 Duties 4 Election 4 Impeachment 3 Office at seat of government __ 16 Report to governor 4 Salary 4 State board of administration, mem-

ber 9 State board of education, member_ 12 Term of office 4

STATE TREASURY Appropriation as prerequisite to

drawing money from ________ 9 Disbursements from, only on comp

troller's warrant --------- 4

STATE UNIVERSITIES Capital outlay, issuance of bonds

for 12 STATE WELFARE

General laws for 13 STATUTE OF LIMITATIONS

Not to be lessened against existing causes of action_ 3

STATUTES see: LAWS; LEGISLATIVE BILLS; SPECIAL OR LOCAL LAWS Amendments by reference to sec

tion, subsection, paragraph __ 3 Amendments not to affect prosecu

tion or punishment for previous crime 3

Limitation on existing causes of ac-tion, lessening prohibited 3

Repeal not to affect prosecution or punishment for previous crime_ 3

Sec. 1

4 1

2 2 1 2

2 2

26

2

16

20 24 20 29 10 27 29

16 3

20

4

24

19

3

33

16

32

33

STEEL VESSELS Art. Manufacture, tax exemption 9

STOCK IN TRADE Exemption in part from ad valorem

taxation 9

STOCKHOLDER State, county or municipal corpora-

tion not to be 9

STUDIOS Motion picture, tax exemption__ 9

SUBORDINATION Military to civil _ R

SUBPOENAS see: PROCESS

SUBVERSIVE PRACTICES Not to be justified R

SUFFRAGE see: ELECTIONS; ELECTORS

SUGAR REFINERIES Tax exemptions 9

SUITS see: ACTIONS; JURISDICTION

SUPERINTENDENTS OF PUBLIC INSTRUCTION Appointment of, in certain counties 8 County

Appointment of, in certain coun-ties 12

Compensation, duties, term of of-fice 8

Election 8 First___ 18

Term of office 8 State

Administrative officer _____ 4 Duties 4

12 Election 4

12 Impeachment -------- 3 Office at seat of government_ 16 Reports to governor 4 Salary 4 State board of education, member

and secretary o __ 12 Term of office 4

12 SUPREME COURT

Acting chief justice ............................ 5 Appellate jurisdiction ........................ 5 Certiorari, power to issue ................ 5 Chief justice

Administrative officer .................... 5 Administrative powers .................. 5 Duties, powers, etc. ........................ 5 Impeachment trials, presiding_ 3 Rules for court's operation ............ 5 Term as, selection ·············-············· 5 Vacancy, filling ................................ 5

Clerk Appointment .................................... 5 Compensation .................................... 5 Duties .................................................. 5 Opinions of court, filing_ 16

Decisions, free; publication ______ 16 Governor; request of opinions__ 4 Habeas corpus, power to issue _ 5 Impeachment proceedings ___ 3 Judgment ········--·-··················-············· 5

32

4081

Effective date 16

Sec. 12

14A

10

14

21

5

12

6A

2A-2D

6 6

10 6,6A

20 25 2

20 2

29 10 27 29

3 20

2

4 4 4

2 2

2,4 29

2 4 4

4 4 4 6 6

13 4

29 4 8


SUPREME COURT (cont.) Art. Sec. Judicial power established 5 1 Jurisdiction --··-···------ 5 4. Justices

Chief justice see: Chief justice Circuit judge substituted for ···-- 5 2 Compensation, legislature may

prescribe ···············-··-··---······-- 5 19 Conservator of the peace ·······-··· 5 25 Discipline, procedure for ___ 5 17A District court judge substituted

for ···········-··········-··-··········-·-··-··· 5 2 Election ···-··-··-··-··-······-··-··-········· 5 15 Expenses ···········-······-··-····--··-··--· 5 19 Impeachment 3 29

5 17 Judicial qualifications commis-

sion, composition, duties, etc. 5 Number on bench 5 Prohibited activities ·······-··-·-···-· 5 Qualifications 5 Quorum ·······----··----·········---············-··· 5 Reduction of number of; effect··- 5 Removal, procedure for 5 Retired justice or judge, com-

pensation when assigned to

17A 4

18 13, 13A

4 24

17A

service ···-··-··-······-······---··-··-· 5 19 Retirement 517,17A,26 Salary ----·--------·--·---·---·----······-······-··- 5 19 Selection, procedure for 5 17A Term -------·····------·-·······-·---·-···········-·- 5 15, 16 Vacancy in office, how filled ___ 5 14

Library Annual appropriation 16 Selection of books for 16

Mandamus, power to issue ··-·---··· 5 Marshal

Appointment ···-··········-··········-··-··· 5 Compensation--·-··········-······-······-··· 5 Duties ········--···---·-·····--··········-······-··-· 5 Process, execute; power .............. 5

Matters subject to review, transfer.. 5 Office at seat of government._ 16 Opinions

General 16 Governor's request 4

Prohibition, power to issue ----··-····· 5 Quo warranto, power to issue ···-··· 5 Quorum ·········-·············-·-············--·-·-··· 5 Reporter, attorney general as 4 Rules and regulations ···--··-···-··----·- 5 Rules for court's operation -------·-··· 5 Transfer of cause ···-··········------- 5 Writs

Power to issue ·····························-··- 5 Retl!-rllable before judge of dis-

trict court of appeal or circuit court ----------

SUPREME COURT CLERIC see: SUPREME COURT

SUPREME COURT JUSTICES see: SUPREME COURT

SURETIES

5

27 27 4

4 4 4 4 4

10

8 13 4 4 4

22 26

2 4,26

4

4

Criminal cases R 9 Official bonds 18 13

SURETY COMPANIES As sureties on official bonds ___ 16 13

SUSPENSION FROM OFFICE see: OFFICERS

TALLAHASSEE Seat of state governmen 16 1

TAX ASSESSORS AND COLLEC- Art. TORS Assistant assessors; appointment,

duties 8 Broward county; duties, compensa-

tion 8 Duties, powers, term of office, etc_ 8 Election 8

First 18 Hillsborough county; duties, com-

pensation 8 Municipal tax assessments; special

acts ···-··--·-······-·······--·-·-······-······· 8 Pinellas county; duties, compensa-

tion 8 Saint. Lucie county; duties, compen-

sation 8 Volusia county; duties, compensa-

tion 8

TAX COLLECTORS see: TAX AsSESSORS AND COLLECTORS

TAX EXEMPTIONS Aircraft manufacturers 9 Automobiles,farts, tires, etc., manu-

facturers o 9 Charitable purposes, property for_ 9 Corporations, certain 16 Disabled persons, whe 9 Educational purposes, property for 9 Homesteads 10 House trailers 9 Household and personal effects __ 9 Industries, certain 9 Literary purposes, property for__ 9 Loss of limbs, whe 9 Mobile homes 9 Motion picture studios 9 Motor vehicles 9 Mu~i~ipal purposes, property for_ 9 Rehg1ous purposes, property for_ 9 Sarasota county; homestead ex-

emption; provides first $2000 assessed valuation be exempt __ 10

Scientific purposes, property for_ 9 Trailer coaches 9 Veterans, disabled 9 Widows 9

TAXATION Ad valorem taxes

Motor vehicles; license tax in lieu of 9

Restrictions 9 Apportionment; intangible property 9 AssessmeD.U

County 9 Homesteads, liability for 10 lilegali payment 9 Jurisdiction of cases involving .... 5 Municipalities 9 Rate, uniform and equaL__ 9

Assessors see: TAX ASSESSORS AND COLLECTORS

Cancellation, conditions for 9 Capitation taxes

Amount 9 Apportionment to county ___ 12 Legislative provision for levy of 9 Payment as prerequisite to voting 8 School fund, county, payment into 8

9 12

4082

Sec.

7

18,19 6 8

10

12,13

22

20,21

14,15

16,17

1J

13 1

18 9 1

1, 7 13 11 12 1 9

13 14 13 1 1

7 1

13 9 9

13 2 1

5 7 8 6 5 1

8

II g II 8 8 II 8


TAXATION (cont.) Art. Chartered companies, levy for bene-

fit of 9 Cities and towns; authorization_ 9 Comptroller's order on treasury for

use of state 4 Constitution of 1868, taxes under,

due 18 Corporations

Levy for benefit. prohibited __ 9 Propert,y 16

Counties, assessment and collection of taxes by ···········-··-----······-······· 9

County school taxes ···············-··--··-· 12 District school taxe 12

Districts 8 Equality of rate 9 Estate taxes, restrictions 9 Exemptions see: TAX EXEMP-

TIONS Gasoline; distribution and use;

county road and bridge bonds__ 9 Goods, wares, commodities, etc.,

exemption in part from ad valorem taxation -------- 9

Homestead and exemption from sale for taxes; limitatio 10

House trailers, subject to license tax in lieu of all other taxes 9

nlegal taxes Conditions for cancellation ___ 9 Jurisdiction of cases involving _ 5

Income tax forbidden 9 Inheritance tax, limited 9 Intangible tax, spec1al rates___ 9 Jacksonville; legislative power to

prescribe tax system 8 Levy of taxes 9 License taxes 9 Mobile homes, subject to license tax

in lieu of all other taxes ___________ 9 Motion picture studios; exemption _ 9 Motor vehicles; subJect only to li-

cense tax 9 Municipal corporations 9 Municipal taxes; assessments .......... 8 New counties; liabilities of acquired

territory 8 Pari-mutuel pools; proceeds___ 9 Personal property, Just valuation__ 9 Poll .tax, may be prerequisite to

votmg 6 Principle of taxation ···-······················· 9 Property; ad valorem tax abolished 9

Intangible; rates --------- 9 Race track funds, distribution._ 9 Rate, uniform and equal 9 Real property, just valuation____ 9 Relief against illegal taxes, condi-

tions of 9 Revenue; raised by legislature __ 9 Sarasota county; homestead ex

emption; provides first $2000 assessed valuation be exempt from 10

School taxes see: SCHOOLS Special or local laws.. 3 State ad valorem, restrictions____ 9 Stock in trade, exemption in part

from ad valorem taxation _________ 9 Towns, assessment and collection of

taxes -------------- 9 Trailer coaches, subject to license

tax in lieu of all other taxes 9 Uniform rate -- 9 Valuation of property, regulations_ 9

Sec:.

7 5

24

1

7 16

5 8,9

10,10A, 11

7 1

11

16

14A

1, 7

13

8 6

11 11 1

9 3 II

13 14

13 li

22

3 15 1

8 li 2 1

15 1 1

8 ll

7

20 2

14A

li

13 1 1

TAYLOR COUNTY Art. Superintendent of public instruc

tion, elected or appointed; local option election 12

TEACHERS Salaries; use of district school tax 12

TERMS OF COURT Circuit courts ·······················-··-··-··- 5 Criminal courts of record ···-··---· 5

TERMS OF OFFICE Administrative officers ----Appointees to fill vacancies

4

Elective offices 18 Judges ···············-··-··-··-···-·····-··-·-·· 5

Attorney general 4 Beginning of 18

4 Board of regents ------- 16 Circu1t court clerks 8 Circuit judges ·············--··-··········-····- 5

Duval county .................................... 5 Second circuit; additional judge.. 5

Clerks Circuit court ·······················-·········- 5 Criminal court of record ·····--····· 5

Commissioner of agriculture ___ 4 Comptroller 4 Constables 8 Continuance of, until qualification

of successor ·-------- 16 County commissioners 8

Dade county 8 Hillsborough county 8

County judges ···············-············-···-·· 5 County officers 8

County school district trustees __ County solicitors ................................. . County superintendent of public in-

18 12 5

struction 8 County surveyor 8 County treasurer 8 Created by legislature 16 Criminal courts of record, judge .... 5 District courts of appeal, judge ...... 5 Game and fresh water fish commis-

sion ------------------Governor Judges Justices of the peace ......................... . Juvenile court judges ....................... . Legislators

4 4 5 5 5 3 7

Limitation on 16 Limited __ 16 Militia, officers 4 Offices created by legislature ___ 16 Parole commission 16 Prosecuting attorney .......................... 5

County court ·······························-··· 5 Recorder, counties .............................. 5 Representatives in legislature_ 7 Secretary of state 4 Senators 7 State attorneys .................................... 5 State officers, when term begins__ 4 State superintendent of public in-

struction 4

State treasurer Supreme court, chief justice __ _ Tax assessors and collectors __ _ Vacancy see: VACANCY IN

OFFICE

12 4 5 8

4083

Sec:.

2D

11

16 9

20

6 14 20 14 28 7 I

6, 15, 16 26 26

6 g

20 20 6

14 5

11 24 7 6

14 10 9

6 6 6

7,32 9

15,16

30 2

24 11 12 8

1, 2 7

7,14 16 7

32 9 8 6

1, 2 20

' 1,2 6

2,20

20 2

20 4 6


TEXTBOOKS Art. Purchase with district school tax- 12

TEXTILES Manufacturers; tax exempt; time

limit 9

TITLE OF LAWS Amendments by reference tO--- 3 Reading bill by 3 Subject to be expressed in 3

TOLLS Illegal, circuit courts' original juris-

diction over ...................................... 5

TOWNS see: MUNICIPAL CORPO-RATIONS

TRADE UNIONS Membership or non-membership,

effect R TRAILER COACHES

Motor vehicles ; subject to license tax in lieu of all other taxes __ 9

TRANSPORTATION COMPANIES Grant of free passes to legislators or

salaried officers forbidden 16 Incorporating laws 3

TREASON Conviction, effect of DR Definition R Evidence necessary to convict DR Pardon after conviction, exception._ 4 Sentence, how executed 4 Suspension of execution in 4

TREASURER see: STATE TREASURER

TREASURY see: STATE TREASURY

TRIAL BY JURY see: JURY

TRUSTEES

Sec. 11

12

16 17 16

6

12

13

31 25

23 23 23 12 11 11

Abolition of county school trustees 12 lOA County school districts 12 10:- 10A

TUMULT In elections 3 26

UNIFORMITY Laws Taxati-on __________ __

UNIFORMS

3 9

Militia ···················-····························- ··· 14 UNITED STATES

Allegiance due to R Census; to be used as state _____ 7 Constitution

Oath to defend 6 Proposed amendment, action on_ 16

Officers, eligibility to hold state office 3

16 Old age benefits ________ 13 Representatives in congress 16 Senators

Certificate of electio,u_ _____ 16 Election 3

War department; over national guard --::-:----:-------. 14

Withdrawal from union DR

UNLAWFUL DETAINER see: FORCIBLE ENTRY AND UNLAWFUL DETAINER

21 1

3

2 5

3 19

7 15 3

20

20 31

5 2

UNREASONABLE DETENTION Art. Witnesses ___j)fi

UNREASONABLE SEARCHES AND SEIZURES Security against R

UNUSUAL PUNISHMENT Prohibition against R

VACANCY IN OFFICE Adjutant general 4 Appointment by governor to fill _ 4

5 18

Bond, failure of county officer to give, as causing 8

Change of residence _ ________ 3 Constitution of 1868, filling accord-

ing to 18 Elective offices, filling ----- 18 Governor 4 Judges ·····························--······-··-······· 5 Lieutenant governor 18 Suspension of officer as causing_ 4 Unexpired terms, filling

Appointment by governor for _ 4 Elections to fill 18

VACATING ROADS Special or local laws, _____ _ 3

VAGRANTS Home and workhouse for ____ 13

VENUE Criminal cases generally DR Special or local laws for change of_ 3

VETERANS Disabled; tax exemptio, ........ ___ __ 9

VETO POWERS OF GOVERNOR Right to veto; message to legislature 3 Separate items of appropriation bill 4

VOCATIONAL TECHNICAL SCHOOLS Bonds for capital outlay, author

izing the issuance of bonds for certain 12

VOLUNTEER CORPS Legislature may encourage ___ 14 Uniforms 14

VOLUSIA COUNTY Assessment, collection, all taxes

levied - ---·--- 8 Civil jury trials, location in

certain cities 16

VOTING see: ELECTIONS; ELECTORS; LEGISLATURE

WAR DEPARTMENT Regulations for national guard···- 14

WARDENS,GAME 4

WAREHOUSES Tax exempt for certain manufactur-

ers, industries 9

WARRANT

4084

Searches and seizures, issued on probable cause --------------------DR

State Appropriation required 9 Payment of 9

Governor to countersign ............ 4

Sec. 8

22

8

16 7

10 6

7 8

5 7, 9

19 14 4

15

7 7

20

2

11 20

9

28 18

19

2 s

16,17

4B

5

30

12,14

22

4 4

24


WEAPONS AND FIREARMS Art:. Right of citizen to bear arms DR

WELFARE BOARDS County and state 13 General laws 13

WIDOWS Homestead and exemption 10 Taxation, exemption from 9

WIFE Homestead, joinder in alienation or

mortgage of 10 Separate property see: MARRIED

WOMEN'S SEPARATE PROPERTY

WILLS Homestead 10 Probate, jurisdiction -------------------------- 5 Special or local laws relating to__ 3

WITNESSES Accused compelled to be witness

against himself_ R Adverse; right to face R Competency R Legislature; compulsory process__ 3

Sec. WITNESSES (cont.) Art. 20 Treason; number required for con-

viction DR 3 Unreasonable detention forbiddeiL...DR 3 WOOD PULP

Manufacturers, tax exemption__ 9 2 WORK 9 Denial of righ R

WORKHOUSE Establishment for vagrants 13

1,4 WORSHIP Free exercise R Preferences forbidden R

WRITS Certiorari see: CERTIORARI

4 Escambia county court or record .... 5 7 Habeas corpus see: HABEAS

20 CORPUS Issuance by

Circuit courts ------------------------------------ 5 District courts of appeal ---------------- 5

12 Supreme court .. .. ...... ... ........ 5 11 Prohibition see: PROHIBITION 11 Quo warranto see: QUO WARRANTO 10 Return of 5

4085

Sec.

23 8

12

12

2

5 6

10

6 5 4

4-6

CONSTITUTION OF THE UNITED STATES

PREAMBLE We the people of the United States, in order

to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

ARTICLE I SECTION 1. All legislative powers herein

granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

SECTION 2. 1 The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature.

• No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.

• [Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons.] The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each State shall have at least one representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvaina eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

Note.-The part of this clause relating to the mode of apportionment of Representatives was changed after the Clvll War · by section 2 of the Fourteenth Amendment and as to taxes on Incomes without apportionment, by the Sixteenth Amendment.

• When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies.

• The House of Representatives shall chuse their speaker and other officers; and shall have the sole power of impeachment.

SECTION 3. 1 [The Senate of the United States shall be composed of two senators from e~ch State, chosen by the legislature thereof, for SIX years; and each senator shall have one vote.]

Nole.-Thls provision has now been changed by the seven· teenth Amendment to the Constitution.

. • Immediately after they shall be assembled 1~ ~onsequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year of the second class at the expiration of the fourth year,. and of the third class at the expiration of the sixth year, so that one third may be chosen eve~y se~ond year; [and if vacancies happen by res1gna;t10n, or otherwise, during the recess of the legislature of any State, the executive thereof may make tempoLary appointments until the next meeting of. the legislature, which shall then fill such vacames.]

Note.-That part of the above paragraph In brackets wu changed by the seventeenth Amendment.

• No person shall be a senator who shall not h~ve attained t~ ~he age of thirty years, and been nme years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.

' The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.

• The Senate shall chuse their other officers and also .a president pro tempore, in the absenc~ of the VICe President, or when he shall exercise the office of the President of the United States.

•. The Senate shall have the sole power to try all Impeachments. When sitting for that purpose they .shall be on oath or affirmation. When th~ President of the United States is tried the chief justice shall preside: and no person sh~ll be convicted without the concurrence of two thirds of the members present.

' Judgment in cases of impeachment shall not e~tend .f~rth.er than to removal from office, and disqualifiCatiOn to hold and enjoy any office of honor, trust or profit under the United States· but the party convicted shall nevertheless be liabl~ and subject to indictment, trial, judgment and punishment, according to law.

SECTION 4. 1 The times, places and manner of holding elections for senators and representatives, shall be prescribed in each State by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of chusing senators.

• [The Congress shall assemble at least once

4086

CONSTITUTION OF THE UNITED STATES ART. I

in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.]

Note.-This provision of the Constitution has been superseded by the Twentieth Amendment.

SECTION 5. 1 Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.

1 Each House may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two thirds, expel a member.

• Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one fifth of those present, be entered on the journal.

' Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

SECTION 6. • The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States. They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.

• No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been encreased during such time; and no person holding any office under the United States, shall be a member of either House during his continuance in office.

SECTION 7. 1 All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with ~tmendments as on other bills.

1 Every bill which shall have passed the House of Representatives and the Senate, shall, before . it becomes a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House,

by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.

• Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

SECTION 8. The Congress shall have power 1 To lay and collect taxes, duties, imposts, and

excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States;

• To borrow money on the credit of the United States;

• To regulate commerce with foreign nations, and among the several States, and with the Indian tribes;

' To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

• To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

• To provide for the punishment of counterfeiting the securities and current coin of the United States;

• To establish post offices and post roads; • To promote the progress of science and use

ful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

• To constitute tribunals inferior to the Supreme Court;

•• To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

11 To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

11 To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

•• To provide and maintain a navy; " To make rules for the government and regu

lation of the land and naval forces;

4087

ART. II CONSTITUTION OF THE UNITED STATES

11 To provide for calling forth the militia to execute the Jaws of the Union, suppress insurrections and repel invasions;

'" To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

11 To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings; -and

•• To make all Jaws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

SECTION 9. 1 The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eig~t hundred and eight, but a tax or duty may be Imposed on such importation, not exceeding ten dollars for each person.

1 The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

• No bill of attainder or ex post facto law shall be pass~d.

' [No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.]

Note.-Thls provision was changed In 1913 by the SIXteenth Amendment to the Constitution.

' No tax or duty shall be laid on articles exported from any State.

• No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another: nor shall vessels bound to, or from, one State be obliged to enter, clear, or pay duties in another.

• No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

• No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present emolument, office, or title, of any kind whatever' from any king, prince, or foreign State. '

SECTION 10. 1 No State shall enter into any treaty, alliance, or confederation; grant letters

of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto Jaw, or law impairing the obligation of contracts, or grant any title of nobility.

1 No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the United States; and all such laws shall be subject to the revision and controul of the Congress.

• No State shall, without the consent of the Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into an agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

ARTICLE II

SECTION 1. 1 The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and together with the Vice President, chosen for the same term, be elected as follows:

1 Eacn State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the State may be entitled in the Congress: but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

[The electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a Jist of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the Senate. The president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately chuse by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner chuse the President. But in chusing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the States, and a majority of all the States

4088

CONSTITUTION OF THE UNITED STATES ART. III

shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall chuse from them by ballot the Vice President.)

Note.-Clause enclosed 1n brackets superseded by Twelfth Amendment.

• The Congress may determine the time of chusing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.

' No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

• In case of the removal of the President from office, or at his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.

• The President shall, at stated times, receive for his services, a compensation which shall neither be encreased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.

• Before he enter on the execution of his office, he shall take the following oath or affirmation:"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

SECTION 2. 1 The President shall be commander in chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.

• He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls judges of the Supreme Court, and all other of: ficers of the United States, whose appointments

are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

• The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

SECTION 3. He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

SECTION 4. The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

ARTICLE III

SECTION 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

SECTION 2. 1 The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ;-to all cases affecting ambassadors, other public ministers and consuls ;-to all cases of admiralty and maritime jurisdiction; -to controversies to which the United States shall be a party ;-to controversies between two or more States; between a State and citizens of another State; -between citizens of different States ;-between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects.

• In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

• The trial of all crimes, except in cases of

4089

ART. Vll CONSTITUTION OF THE UNITED STATES

impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.

SECTION 3. 1 Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

1 The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

ARTICLE IV

SECTION 1. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.

SECTION 2. 1 The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.

1 A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.

1 No person held to service or labour in one State, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up on claim of the party to whom such service or labour may be due.

SECTION 3. 1 New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned as well as of the Congress.

1 The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular States.

SECTION 4. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legis-

lature cannot be convened) against domestic violence.

ARTICLE V

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several States, shall call a convention for proposing amendments, which in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several States, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; Provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.

ARTICLE VI 1 All debts contracted and engagements enter

ed into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

1 This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding.

1 The senators and representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

ARTICLE VII

The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same. Done in Convention by the unanimous consent of

the States present the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America the twelfth. In Witness whereof we have hereunto subscribed our names.

[Names omitted]

Articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the legislatures of the several States pursuant

4090

CONSTITUTION OF THE UNITED STATES AM. XII

to the fifth article of the original Constitution.

Amendments First Ten amendments passed by Congress

Sept. 25, 1789. Ratified December 15, 1791.

AMENDMENT I. Congress shall make no law respecting an es

tablishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

AMENDMENT II. A well regulated militia, being necessary to the

security of a free State, the right of the people to keep and bear arms, shall not be infringed.

AMENDMENT III. No soldier shall, in time of peace be quartered

in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

AMENDMENT IV. The right of the people to be secure in their

persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

AMENDMENT V. No person shall be held to answer for a capital,

or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

AMENDMENT VI. In all criminal prosecutions, the accused shall

enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, wliich district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.

AMENDMENT VII. In suits at common law, where the value in

controversy shall exceed twenty dollars, the right

of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common Jaw.

AMENDMENT VIII. Excessive bail shall not be required, nor ex

cessive fines imposed, nor cruel and unusual punishments inflicted.

AMENDMENT IX. The enumeration in the Constitution, of certain

rights, shall not be construed to deny or disparage others retained by the people.

AMENDMENT X. The powers not delegated to the United States

by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

AMENDMENT XI. The judicial power of the United States shall

not be construed to extend to any suit in law or equity commenced or prosecuted against one of the U~ited States by citizens of ano~her State, or by citizens or subjects of any foreign State.

RATIFIED JANUARY 8, 1798.

AMENDMENT XII. The electors shall meet in their respective

States, and vote by ballot for President and VicePresident, one of whom, at least, .shall not be an inhabitant of the same State with themselves; they shall name in the.ir b~ll?ts the person voted for as President, and m distmct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for. as President, and of all persons voted for as VIcePresident, and of the number of ~otes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of t~e Senate;-The President of the Senate shall, 1D presence of the Senate and House of Representatives open all the certificates and the votes shall then' be counted ;-The person having the greatest number of votes for President,. sh~ll be the President, if such number be a maJority of the whole number of electors appointed; and if no person have such majority, then from the P.ersons having the highest numbers not exce~dmg three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose s.hall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The

4091

AM. XVIII CONSTITUTION OF THE UNITED STATES

person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

RATIFIED SEPTEMBER 25, 1804.

AMENDMENT Xliii. SECTION 1. Neither slavery nor involun

tary servitude, except as a punishment for crime whereof the party shall have been duly convicted shall exist within the United States, or any plac~ subject to their jurisdiction.

SECTION 2. Congress shall have power to enforce this article by appropriate legislation.

RATIFIED DECEMBER 18, 1865.

AMENDMENT XIV. SECTION 1. All persons born or naturalized

in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United State; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

SECTION 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, representatives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crimes, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

SECTION 3. No person shall be a senator or representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given

aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.

SECTION 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. '

SECTION 5. The Congress shall have power to enforce by appropriate legislation, the provisions of this article.

RATIFIED JULY 28, 1868.

AMENDMENT XV. ~ECTION 1. The right of citizens of the

Umted States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

SECTION 2. The Congress shall have power to enforce this article by appropriate legislation.

RATIFIED MARCH 30, 1870.

AMENDMENT XVI. The Congress shall have power to lay and col

lect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

RATIFIED FEBRUARY 25, 1913.

AMENDMENT XVII. The Senate of the United States shall be corn

posed of two senators from each state, elected by the people thereof, for six years; and each senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. •

This amendment shall not be so construed as to affect the election or term of any senator chosen before it becomes valid as part of the Constitution.

RATIFIED MAY 31, 1913.

AMENDMENT XVIII. Section 1. [After one year from the ratifica

tion of this article, the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territories.

4092

CONSTITUTION OF THE UNITED STATES AM. XXIII

subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2. The Congress and the several . States shall have concurrent power to enforce this article by appropriate legislation.

Section 3. This 'ftrticle shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by Congress.]

Note.-Twenty-!!rst Amendment to Constitution repealed the Eighteenth Amendment.


AMENDMENT XIX. The right of citizens of the United States to

vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

RATIFIED AUGUST 26, 1920.

AMENDMENT XX. SECTION 1. The terms of the President and

Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

SECTION 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

SECTION 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

SECTION 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

SECTION 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

SECTION '6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.


AMENDMENT XXI. SECTION 1. The eighteenth

amendment to the Constitution of States is hereby repealed.

article of the United

SECTION 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors in violation of the laws thereof, is hereby prohibited.

SECTION 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission thereof to the States by the Con-gress.

RATIFIED DECEMBER 16, 1933.

AMENDMENT XXII. SECTION 1. No person shall be elected to

the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative, from holding the office of President or acting as President during the remainder of such term.

SECTION 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.


AMENDMENT XXIII.

SECTION 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors ap-

4093

AM. XXV CONSTITUTION OF THE UNITED STATES

pointed by a State; and they shall 'meet in the District and perform such duties as provided by the twelfth article of amendment.


RATIFIED APRIL 3, 1961.

AMENDMENT XXIV.

SECTION 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.



AMENDMENT XXV.

SECTION 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

SECTION 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

SECTION 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and

duties shall be discharged by the Vice President as Acting President.

SECTION 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress s~all decide the issue, assembling within fortyeight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge- the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the Pres,ident shall resume the powers and duties of his office.


4094

FLORIDA RULES OF COURT

PROCEDURE FOR ADOPTION AND AMENDMENT OF COURT RULES

On May 8, 1965, Chief Justice Harris Drew and Justices Thomas, Roberts, O'Connell, Caldwell and Ervin of the Florida Supreme Court, in conference, adopted the following motion relative to the procedure for the adoption and amendment of court rules:

1. The Supreme Court shall receive recommendations from The Florida Bar on proposed new rules of court procedure or amendments to existing rules of court procedure and hold hearings on such proposals biennially, in odd-numbered years, under the following procedure.

2. All proposed rules or amendments shall be submitted to the Florida Court Rules Committee of The Florida Bar on or before September 1 of the year in which a hearing before the Supreme Court on such proposals is to be held.

8. The Chairman of the Committee shall assign each proposed rule or amendment to the chairman of the [o.pproJ:riate subcommittee, such as the Subcommittee on Appellate Court Rules or on Civil Procedure Rules or on Criminal Court Rules or on Probate Court Rules or on Courts of Lesser Jurisdiction Rules.

4. The Florida Court Rules Committee, upon consideration of the proposals, shall present its recommendations on the proposals to the Board of Governors of The Florida Bar for its con-

sideration at its meeting in or prior to the month of Novembe:.. of the year preceding the year in which a hearing is to be held before the Supreme Court on such proposals.

5. The Board shall submit its final recommendations on the proposals to the Supreme Court of Florida on or before February 1 of the year in which a hearing is to be held before the Supreme Court on such proposals.

6. A hearing on the proposals shall be held before the Supreme Court at an early date, but no later than the following June 1, after publication of the petition, filed by The Florida Bar, in The Florida Bar Journal.

7. The Supreme Court shall consider the proposals and should it adopt any proposed new rule of court procedure or amendment to an existing rule of court procedure, it shall make the new rule or amendment effective July 1 after its hearing on the proposals.

8. The foregoing procedure shall not control in any situation when the Court concludes that an emergency amendment to the Rules is required. It is also understood that the Florida Bar Court Rules Committee will report to the Supreme Court all proposed Court Rules Amendments which it disapproves as well as those which it approves.

4095

FLORIDA RULES OF CIVIL PROCEDURE

1967 REVISION

®rber of tbe ~uprelne <!ourt IN THE SUPREME COURT OF FLORIDA JANUARY TERM, A. D. 1966

IN RE: FLORIDA RULES OF CIVIL PROCEDURE 1967 REVISION

Opinion filed June 15, 1966

PER CURIAM.

The opinion and compilation appended thereto filed May 18, 1966, are withdrawn and this opinion and attached compilation substituted therefor.

Appended to this order is a complete compilation of the Florida Rules of Civil Procedure and all amendments, revisions, forms or additions which have been made since June 20, 1962, adopted pursuant to the power vested in this .. Court by Article V of the Florida Constitution. This compilation and revision shall govern all proceedings within the scope of these rules after midnight December 31, 1966. This compilation and revision shall supersede all conflicting rules and statutes. All statutes not superseded hereby or in conflict herewith shall remain in effect as rules promulgated by the Supreme Court.

Adopted and approved by the Court en bane June 15, 1966.

It is so ordered.

THORNAL, C. J., THOMAS, ROBERTS, DREW, O'CONNELL, CALDWELL and ERVIN, JJ., concur.

4097

FLORIDA

RULES OF CIVIL PROCEDURE 1967 Revision

SUBCOMMITTEE NOTE*

The * * * consolidation of civil procedure rul es for law and chancery is basically the 1965 Florida Rules of Civil Procedure which become effective January 1, 1966.

In the consolidation the following rules which are now in force were omitted. The reason for omission is given opposite each rule. Rule numbers are those of the 1965 rules.

Rule 1.1 (e)

1.2(b)

1.2(c)

1.4(f) (2) 1.14(c)

1.39(a)

2.4(c)

2.10(b)

2.11 (b) thru (g)

2.14

Reason for Omission It is combined with Rule 1.1(d)

in new Rule 1.020(d). Separate law and equity dockets

are not appropriate after consolidation.

Docketing special statutory proceeding at common law is impossible under consolidation.

The rule is unnecessary. To the extent this rule grants

the court authority to strike, it is superfluous and the remainder is no longer necessary.

Transfers between law and chancery are unnecessary.

Service of motions is covered by Rule 1.4 including motions for a continuance.

Provision for attachment procedure to follow that in personal actions is covered by Rule A.

Substitution and adding parties in ejectment, as well as other cases, is covered by Rules 1.18 and 1.19.

The judgment and execution docket is partly covered by the progress docket of the clerk required by 28.21 (2) Florida Statutes and otherwise by the sheriff's execution docket required by 30.17 Florida Statutes.

*Subcommittee on Civil Procedural Rules of The Florida Bar.

Rule 2.16

3.1

3.2

3.7

3.16

Reason for Omission Provision that the rule govern

ing an extraordinary remedy shall be applicable when the rule itself is set forth is redundant.

The rule that nominal parties need not answer the complaint in chancery is obsolete. The procedure on nominal parties should be the same as that on all other parties.

A rule stating the substantive law that a plaintiff may sue one or more parties on joint and several demands is unnecessary.

Joinder of causes of action is covered by Rule 1.8(g) except to the extent that Rule 3.7 conflicts with it and to this extent, it should be repealed.

Petitions for rehearing are covered in the rule on motions for new trial.

The following have been added to the consolidation. The proposed rule number is given and the reason for its inclusion is set opposite each proposal.

Rule 1.030(e)

Reason for Inclusion This sets out the existing law

for substitution of attorneys as stated in Diem v. Diem, 187 So. 569 and other cases. The rule is recommended to make the ruling readily available to the practitioner.

4098

Rule 1.110(d)

1.390(b)

1.410(b)

FLORIDA RULES OF CIVIL PROCEDURE

Reason for Inclusion The last sentence has been

added to the present Rule 1.8(d) to permit a motion to dismiss for failure to state a ·cause of aetion to take advantage of an affirmative defense appearing on the face of the pleading to which the motion is directed. If the pleader affirmative show that he has no claim in his pleading, the claim should be disposed of at the earliest possible stage. This will eliminate the conflicts between Tuggle v. Maddox, 60 So.2d 158; Hinchee v. Fisher, 93 So.2d 531; Flye v. Jeffords, 106 So.2d 229; Fletcher v. Williams, 153 So.2d 759 and Martin v. Highway Equipment Supply Co., 172 So.2d 246.

The last sentence eliminates the confusion about introduction of expert's depositions resulting from Cook v. Lichtblau, 176 So.2d 523 and permits the intent of rule to control as shown by its earlier legislative history.

Provision for a notice to produce at trial which can be served on the opposing attorney in lieu of a subpoena duces tecum being served on the party has been made. It is intended to make the procedure for obtaining documentary evidence for trial easier.

Rule 1.040

1.600

1.650

Reason for Inclusion Thi~ is Federal Rule 2 and pro

VIdes for one form of action.

This is Federal Rule 67 and provides for deposits in court. It merely declares the law of Florida set out in Phipps v. Watson, 147 So. 234 as that case relates to procedure.

The last sentence paraphrases 80.06 F.S. which sets out the requirements for the petition for prohibition.

A new default rule (Rule 1.500) . based on Federal Rule 55 is proposed as a substitute for Rules 2.9, 3.9, 3.10 and 3.11. The only substantial difference between the proposal and the federal rule is one which forbids the clerk to enter a default against a party who has appeared. The court is required to enter such a default after notice and to this extent the proposal is intended to overrule Capers v. Lee, 91 So.2d 337. The proposal will eliminate entry of final judgments consequent on default by clerks.

Rule 3.14 about masters in chancery has not ~een rev:ised since 1873. Much of the language Is archaic and many of the subdivisions of the r?le duplicate each other. Some of the provisiOns are obsolete. The duplication and obsolete provisions have been removed and the entire rule framed in more modern language.

Many other minor changes in style, grammar and punctuation have been made throughout the rules. None of these changes affect the meaning or intent of any rule.

The last sentence in Rule 1.420(a) (1) has been added to clarify the status of a lis pendens when an action is voluntarily dismissed.

4099

COMPARISON TABLE

Florida Rules of Civil Procedure

Prior Rules to 1967 Revision

The consolidation of Procedural Rules for law and chancery was prepared by the Subcommittee on Civil Procedural Rules of The Florida Bar. The consolidation is basically the Florida Rules of Civil Procedure as amended and in effect January 1, 1966.

While many minor changes in style, grammar and punctuation have been made throughout the Rules, none of these changes affect the meaning or intent of any Rule. Where new provisions have been added to the consolidated Rules, the Rule number is listed in this Table and the reason for their inclusion is explained in the footnotes. The comments in the footnotes are taken from the explanatory notes of the Subcommittee.

The following Table shows the disposition of the prior Rules as amended in the 1967 Revision of the Florida Rules of Civil Procedure.

Prior 1967 Revision Rules Rules A ___ .1.010 B Omitted c Omitted D Omitted E Omitted F 1.010 l.l(a)-d ---- 1.020 1.l(e) Omitted' 1.2ta) 1.050 1.2(b) Omitted• 1.2(c) Omitted" 1.3(a) Omitted 1.3(b)-(j) 1.070(a)-(i) 1.4(a)-(f) (1) 1.080 1.4£(2) _ Omitted' 1.5 1.030"

1.0408

1.6 1.090 1.7 1.100

1. Combined with 1954 Rule 1.1(d) in 1967 Revised Rule 1.020(d).

2. Separate law and equity dockets are not appropriate after consolidation.

3. Docketing special statutory proceeding at common law is impossible under consolidation.

4. The Rule is unnecessary.

5. 1967 Revised Rule 1.030(e) sets out the existing law for substitution of attorneys as stated in Diem v. Diem, 187 So. 569, and other cases. The rule was recommended to make the ruling readily available to the practitioner.

6. This is Federal Rule 2 and provides for one form of action.

7. The last sentence has been added to 1954 Rule 1.8(d) to permit a motion to dismiss for failure to state a cause of action to take advan-

Prior Rules 1.8 1.9

1967 Revision Rules 1.11o• 1.120

1.10 -------------- 1.130 1.11 1.140 1.12 ------------- 1.160 1.13 1.14(a) 1.14(c) 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25

(b) 1.170 1.150

Omitted" 1.190 1.200

1.210 (a) (b) 1.250 1.260 1.270 1.280 1.290 1.300 1.310 1.320

tage of an affirmative defense appearing on the face of the pleading to which tne motwn is directed. If the pleader affirmatively shows that he has no claim in his pleading, tne claim should be disposed of at the earliest possible stage. This wi!l eliminate the conflicts between Tuggle v. Maddox, 60 So.2d 158; Hinchee v. Fisher, 93 So.2d 531; Flye v. Jeffords, 106 So.2d 229; Fletcher v. Williams, 153 So.2d 759, and Martin v. Highway Equipment Supply Co., 172 So.2d 246.

8. To the extent this Rule granted the court authority to strike, it was superfluous and the remainder was no longer necessary.

9. The last sentence of 1967 Revised Rule 1.390(b) eliminates the confusion about introduction of expert's depositions resulting from Cook v. Lichtblau, 176 So.2d 523, and permits the intent of the Rule to control as shown by its earlier legislative history.

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art. xx constitution of the state of ... -...

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