Amendments, General Assembly, 1874:

Publication of Amendments

Biennial Sessions (Article IV, Section 2) {Adopted 5-4-1875}

Power of Impeachment (Article IV, Section 29) {Adopted 5-4-1875}

State Bonds (Article XII, Section 7) {Adopted 5-4-1875}

Supreme Court Jurisdiction (Article VI, Section 5) {Adopted 5-4-1875}

Circuit Court Jurisdiction (Article VI, Section 8) {Adopted 5-4-1875}

County Court Jurisdiction (Article VI, Section 11) {Adopted 5-4-1875}

Justice of Peace Jurisdiction (Article VI, Section 15) {Adopted 5-4-1875}

Circuit Judges (Article VI, Section 7)

Judicial Circuits (Article XVI, Section 3)

Jury Selection (Article VI, Section 12)

Corporate Property Taxes (Article XVI, Section 24) {Adopted 5-4-1875}

Line-Item Veto (Article V, Section 22) {Adopted 5-4-1875}

Lieutenant Governor (Article V, Section 14) {Adopted 5-4-1875}

Advisory Opinions to Governor (Article V, Section 16) {Adopted 5-4-1875}

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JOINT RESOLUTION

Relating to the Publication of the Constitutional Amendments

Proposed and Adopted by this Legislature.

The people of the State of Florida, represented in Senate and Assembly, do resolve: That the amendments to the Constitution of this State proposed and adopted by this Legislature be published as required by the Constitution, as follows:

In two newspapers in the First Judicial Circuit, in two in the Second Judicial Circuit -- published at the Capital, in two in the Third Judicial Circuit, in two in the Fourth Judicial Circuit, in two in the Fifth Judicial Circuit, in two in the Sixth Judicial Circuit, and in one in the Seventh Judicial Circuit.

Approved February 19, 1874.

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A JOINT RESOLUTION

Proposing Amendments to the Constitution of the State of Florida.

Resolved by the Senate and Assembly of the State of Florida, That the following amendments to the Constitution of said State be, and the same are hereby agreed to and shall be numbered respectively and submitted to the people separately:

ARTICLE I.

Section two [Section 2] of Article four [Article IV] of the Constitution is hereby amended so as to read as follows:

Section 2. From and after the first Tuesday after the first Monday in January, A. D. one thousand eight hundred and seventy-seven, the regular sessions of the Legislature shall be held biennially, commencing on said day and on the corresponding day of every second year thereafter, but the Governor may convene the same in extra session by his proclamation.

ARTICLE II.

Section twenty-nine [Section 29] of Article four [Article IV] of the Constitution is hereby amended so as to read as follows:

Section 29. The Assembly shall have the sole power of impeachment, but a vote of two-thirds of all the members present shall be required to impeach any officer, and all impeachments shall be tried by the Senate. When sitting for that purpose the Senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the Senators present. The Senate may adjourn to a fixed day for the trial of any impeachment, and may sit for the purpose of such trial whether the Assembly be in session or not, but the time fixed for such trial shall not be more than six months from the time articles of impeachment shall be preferred by the Assembly. The Chief Justice shall preside at all trials by impeachment, except in the trial of the Chief Justice, when the Lieutenant Governor shall preside. The Governor, Lieutenant Governor, members of the Cabinet, Justices of the Supreme Court, and Judges of the Circuit Court, shall be liable to impeachment for any misdemeanor in office, but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust, or profit under the State, but the party convicted or acquitted shall nevertheless be liable to indictment, trial, and punishment according to law. All other officers who shall have been appointed to office by the Governor, and by and with the consent of the Senate, may be removed from office upon the recommendation of the Governor and consent of the Senate, but they shall nevertheless be liable to indictment, trial, and punishment according to law for any misdemeanor in office. All other civil officers shall be tried for misdemeanor in office in such manner as the Legislature may provide.

ARTICLE III.

Section seven [Section 7] of Article twelve [Article XII] of the Constitution is hereby amended so as to read as follows:

Section 7. The Legislature shall have power to provide for issuing State bonds bearing interest for securing the debt of the State, for the erection of State buildings, and for the support of State institutions, but the credit of the State shall not be pledged or loaned to any individual company, corporation, or association; nor shall the State become a joint owner or stockholder in any company, association, or corporation. The Legislature shall not authorize any county, city, borough, township, or incorporated district to become a stockholder in any company, association, or corporation, or to obtain or appropriate money for, or to loan its credit to, any corporation, association, institution, or individual.

ARTICLE IV.

Section five [Section 5] of Article six [Article VI] of the Constitution is hereby amended so as to read as follows:

Section 5. The Supreme Court shall have appellate jurisdiction in all cases at law and in equity commenced in Circuit Courts and of appeal from the Circuit Court in cases arising in the County Court as a Court of Probate, and in the management of the estates of infants, and in all criminal cases commenced in the Circuit Court. The court shall have power to issue writs of mandamus, certiorari, prohibition, quo warranto, habeas corpus, and also all writs necessary or proper to the complete exercise of its jurisdiction. Each of the justices shall have the power to issue writs of habeas corpus to any part of the State upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or any justice thereof, or before any Circuit Judge.

Section eight [Section 8] of Article six [Article VI] of the Constitution is hereby amended so as to read as follows:

Section 8. The Circuit Courts shall have original jurisdiction in all cases in equity, also in all cases at law in which the demand or the value of the property involved exceeds one hundred dollars, and of all cases involving the legality of any tax assessment, toll, or municipal fine, and of the action of forcible entry and unlawful detainer, and of actions involving the titles of right of possession of real estate, and of all criminal cases, except such as may be cognizable by law by inferior courts. They shall have appellate jurisdiction of matters pertaining to the probate jurisdiction and the estates and interests of minors in the County Courts, and of such other matters as may be provided by law, and final appellate jurisdiction in all civil cases arising in the court of a justice of the peace in which the amount or value of property involved is twenty-five dollars and upwards, and of misdemeanors tried before any Justice's or Mayor's Court. The Circuit Courts and judges shall have power to issue writs of mandamus, injunction, quo warranto, certiorari, habeas corpus, and all writs proper and necessary to the complete exercise of their jurisdiction.

Section ten [Section 10] of Article six [Article VI] of the Constitution is hereby abrogated.

Section eleven [Section 11] of Article six [Article VI] of the Constitution is hereby amended so as to read as follows:

Section 11. The County Court shall have power to take probate of wills, to grant letters testamentary, and of administration and guardianship, to attend to the settlement of the estates of decedents and of minors, and to discharge the duties usually pertaining to Courts of Probate, subject to the direction and supervision of the appellate and equity jurisdiction of the Circuit court as may be provided by law. And the County Judges shall have and exercise the civil and criminal jurisdiction of justices of the peace. They may also have jurisdiction of such proceedings relating to the forcible entry or unlawful detention of lands and tenements subject to the appellate jurisdiction of the Circuit Court as may be provided by law.

Section fifteen [Section 15] of Article six [Article VI] of the Constitution is hereby amended so as to read as follows:

Section 15. The Governor shall appoint as many Justices of the Peace as he may deem necessary. Justices of the Peace shall have jurisdiction in civil actions at law in cases in which the amount or value involved does not exceed one hundred dollars; and in criminal cases their powers shall be fixed by law. Their powers, duties, and responsibilities shall be regulated by law. They may hold their offices for the term of four years, subject to removal by the Governor for reasons satisfactory to him.

ARTICLE V.

Section seven [Section 7] of Article six [Article VI] of the Constitution is hereby amended so as to read as follows:

Section 7. There shall be five Circuit Judges appointed by the Governor and confirmed by the Senate, who shall hold their respective offices for the term of six years from the time of their qualification. The State shall be divided into five Judicial Circuits as defined in this Constitution, and the judge of each circuit shall reside in the circuit to which he shall be appointed. Each judge shall hold the terms of the court at such times and places as may be prescribed by law, and he may hold special terms with or without juries. The Chief Justice may, in his discretion, order a temporary exchange of circuits by the respective judges, or designate any judge to hold a general or special term, or part of a term, in any other circuit than that one in which he resides.

Section three [Section 3] of Article sixteen [Article XVI] of the Constitution is hereby amended so as to read as follows:

Section 3. The several Judicial Circuits of the Circuit Courts shall be as follows:

The First Judicial Circuit shall be composed of the counties of Escambia, Santa Rosa, Walton, Holmes, Washington, Jackson, Calhoun, and Franklin.

The Second Judicial Circuit shall be composed of the counties of Liberty, Gadsden, Leon, Wakulla, Jefferson, Madison, Taylor, and Lafayette.

The Third Judicial Circuit shall be composed of the counties of Hamilton, Suwannee, Columbia, Baker, Bradford, Alachua, and Levy.

The Fourth Judicial Circuit shall be composed of the counties of Nassau, Duval, Clay, St. Johns, Putnam, Volusia, Orange, Brevard, and Dade.

The Fifth Judicial Circuit shall be composed of the counties of Marion, Sumter, Hernando, Hillsborough, Polk, Manatee, and Monroe.

ARTICLE VI.

Section twelve [Section 12] of Article six [Article VI] of the Constitution is hereby amended so as to read as follows:

Section 12. Grand and petit jurors shall be taken from the registered voters of the respective counties. The number of jurors for the trial of causes in any court may be fixed by law.

ARTICLE VII.

Sections seven and eight [Sections 7 and 8] of Article sixteen [Article XVI] of the Constitution are hereby abrogated.

ARTICLE VIII.

Section twenty-four [Section 24] of Article sixteen [Article XVI] of the Constitution is hereby amended so as to read as follows:

Section 24. The property of all corporations, whether heretofore or hereafter incorporated, shall be subject to taxation, unless such property be held and used exclusively for religious, educational, or charitable purposes.

ARTICLE IX.

Section twenty-two [Section 22] of Article five [Article V] of the Constitution shall read as follows:

Section 22. The Governor shall have power to disapprove of any item or items of any bill making appropriations of money embracing distinct items, and the part or parts of the bill approved shall be the law, and the item or items of appropriation disapproved shall be void unless repassed according to the rules and limitations prescribed for the passage of other bills over the Executive veto.

ARTICLE X.

Section fourteen [Section 14] of Article five [Article V] of the Constitution is hereby amended so as to read as follows:

Section 14. A Lieutenant Governor shall be elected at the same time and places and in the same manner as the Governor, whose term of office and eligibility shall also be the same. He shall be the President of the Senate, but shall only have a casting vote therein. In the case of the impeachment of the Governor or his removal from office, death, inability to discharge his official duties, or resignation, the power and duties of the office shall devolve upon the Lieutenant Governor for the residue of the term, or until the disability shall cease. In the case of the impeachment of the Lieutenant Governor or his removal from office, death, inability to discharge his official duties or resignation, the power and duties of the office shall devolve upon the president pro tem. of the Senate.

In case a vacancy shall occur both in the offices of Governor and Lieutenant Governor, the Legislature shall at its next session order an election to fill such vacancies. But the Governor shall not, without the consent of the Legislature, be out of the State in time of war.

Section fifteen [Section 15] of Article five [Article V] of the Constitution is hereby abrogated.

ARTICLE XI.

Section sixteen [Section 16] of Article five [Article V] of the Constitution is hereby amended so as to read as follows:

Section 16. The Governor may at any time require the opinion of the Justices of the Supreme Court as to the interpretation of any portion of this Constitution upon any question affecting his executive powers and duties, and the justices shall render such opinion in writing.

Passed the Assembly January 31, 1874, by a two-thirds vote of the members of the Assembly.

Passed the Senate February 5, 1874, by a two-thirds vote of the Senators.