Amendments, Third General Assembly, 1847:
Biennial Sessions (Article IV, Sections 2, 3, 5, 6) {Adopted} Suffrage (Article VI, Section 1) {Adopted} Judicial Terms (Article V, Section 12)
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AMENDMENTS
to the
CONSTITUTION OF THE STATE OF FLORIDA,
Adopted by the Second and Third General Assemblies of the State of Florida
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AN ACT to amend the Constitution of this State so as to make the sessions of the General Assembly
biennial instead of annual.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Florida in
General Assembly convened, That the second clause [Section 2] of the fourth article [Article IV] of
the Constitution of this State be so amended as to read as follows, viz: 2d. The members of the
House of Representatives shall be chosen by the qualified voters, and shall serve for the term of two
years, from and after the day of the first election under the amended Constitution, and no longer; and
the sessions of the General Assembly shall be biennial, and commence on the fourth Monday in
November, in each and every second year, or at such other times as may be prescribed by law.
Section 2. Be it further enacted, That the third clause [Section 3] of the fourth article [Article
IV] of the Constitution be amended so that the same shall read as follows: 3d. That the
Representatives shall be chosen on the first Monday in the month of October , in each and every
second year, from and after the first election under this amended Constitution, or on such other day
as may be directed by law.
Section 3. Be it further enacted, That the fifth clause [Section 5] of the aforesaid article [Article
IV] be so amended as to read as follows, viz: The Senators shall be chosen by the qualified electors,
for the term of four years, at the same time, in the same manner, and in the same place where they
vote for members of the House of Representatives; and no person shall be a Senator unless he be a
white man, a citizen of the United States, and shall have been an inhabitant of this State for two years
next preceding his election, and the last year a resident of the district or county for which he shall be
chosen, and shall have attained the age of twenty-five years.
Section 4. Be it further enacted, That the sixth clause [Section 6] of the aforesaid article [Article
IV] be so amended as to read as follows, viz: The classification of Senators, as made at the first
session of the General Assembly held in the year 1845, shall continue unchanged; one-half of whom,
as nearly as possible, shall be chosen forever hereafter biennially for the term of four years: Provided,
however, and it is hereby declared, that the term of office of that class of Senators unexpired at the
first election under the amended Constitution, shall extend to, and expire on, the first Monday in
October , eighteen hundred and fifty.
Section 5. Be it further enacted, That the first election for Assemblymen, under this amended
Constitution, shall take place on the first Monday in October, eighteen hundred and forty-eight; and
the first session of the General Assembly, under this amended Constitution, shall commence on the
fourth Monday in November, in the year eighteen hundred and forty-eight.
[Second General Assembly. -- Passed Senate by Constitutional majority, December 22, 1846.
Passed House of Representatives by Constitutional majority, December 29, 1846.]
[Third General Assembly. -- Passed the Senate by the Constitutional majority, December 21,
1847. Passed the House of Representatives by the Constitutional majority, December 23, 1847.]
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AN ACT so to amend the Constitution of this State as to extend to all free white male inhabitants,
being citizens of the United States, who shall have resided within this State one year, the elective
franchise.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Florida in
General Assembly convened, That the first clause [Section 1] of the sixth article [Article VI] of the
Constitution be so amended as follows, viz: Every free white male person of the age of twenty-one
years and upwards, and who shall be, at the time of offering to vote, a citizen of the United States,
and who shall have resided and had his habitation, domicil, home, and place of permanent abode in
Florida for one year next preceding the election at which he shall offer to vote, and who shall, at such
time, and for six months immediately preceding said time, have had his habitation, domicil, home and
place of permanent abode, in the county in which ne may offer to vote, shall be deemed a qualified
voter at all elections under this Constitution, and none others; except in elections by general ticket
in the State or District prescribed by law, in which cases, the elector must have been a resident of the
State one year next preceding the election, and six months within the election district in which he
offers to vote: Provided, That no soldier, seaman or marine, in the Regular Army or Navy of the
United States, unless he were a qualified elector of this State previous to his enlistment as such
soldier, seaman, or marine in the Regular Army or Navy of the United States, or of the revenue
service, shall be considered a resident of the State in consequence of being stationed within the same.
[Second General Assembly. -- Passed Senate by Constitutional majority, December 1, 1846.
Passed House of Representatives by Constitutional majority, December 16, 1846.]
[Third General Assembly. -- Passed Senate by Constitutional majority, December 21, 1847.
Passed House of Representatives by Constitutional majority, December 23, 1847.]
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AMENDMENT
to the
CONSTITUTION OF THE STATE OF FLORIDA,
Proposed and agreed to by the Third General Assembly; Subject to the action of the next
General Assembly.
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AN ACT to amend the 12th Clause [Section 12] of the 5th Article [Article V] of the Constitution of
this State, so that the Judges of the Circuit Courts shall hold their offices for term of eight years,
instead of during good behavior.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Florida in
General Assembly convened, That the 12th Clause [Section 12] of the 5th Article [Article V] of the
Constitution of this State, be so amended as to read as follows, viz: That at the expiration of the
present term of office of the Judges of the Circuit Courts, with the exception hereinafter mentioned,
the Justices of the Supreme Court, and the Judges of the Circuit Courts, shall be elected for a term
of eight years, and shall hold their offices for that term, unless sooner removed under the provisions
made in this Constitution, for the removal of Judges by address or impeachment; and for wilful
neglect of duty, or other reasonable cause, which shall not be sufficient ground for impeachment, the
Governor shall remove any of them, on the address of two-thirds of the General Assembly; Provided,
however, That the cause or causes shall be stated at length in such address and entered on the
Journals of each House. And provided, further, That the cause or causes shall be notified to the
Judge so intended to be removed, and he shall be admitted to a hearing in his own defense, before any
vote for such removal shall pass: and in such cases the vote shall be taken by yeas and nays and
entered on the Journals of each House respectively.
Section 2. Be it further enacted, That the Judges first appointed under this amended Constitution,
shall be divided by lot into four classes. The first class shall hold his or their office or offices for the
term of two years, the second for the term or four years, the third for the term of six years, the fourth
for the term of eight years.
[Third General Assembly. -- Passed the Senate by the Constitutional majority, December 22, 1847. Passed the House of Representatives, by the Constitutional majority, January 6, 1848.] |
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