Amendments, Election of 11-4-02:

1901 JR 1 (Article V, Sections 2, 4) {Adopted}

1901 JR 2 (Article V, Section 8) {Adopted}

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JOINT RESOLUTION Proposing Amendments to Sections 2 and 4, of Article V of the Constitution of the State of Florida.

Be it Resolved by the Legislature of the State of Florida:

That the following amendments to the Constitution of the State of Florida be, and the same are, hereby agreed to, and shall be submitted to the electors of the State at the general election in 1902 for ratification or rejection.

Section 2, of Article V of the Constitution is hereby amended so as to read as follows:

Section 2. The Supreme Court shall consist of three Justices, except as hereinafter provided, who shall be elected by the qualified electors of the State at the time and places of voting for members of the Legislature, and shall hold their office for the term of six years, except those first elected, one of whom, to be designated by lot in such manner as they may determine, shall hold his office for two years; another, to be designated in like manner, for four years; and the third for six years, so that one shall be elected every two years after the first election. The Chief Justice shall be designated by lot by said Justices, and shall be such during his term of office. The first election for said Justices shall take place at the first election for members of the Legislature after the ratification of this Constitution, and their term of office shall begin on the first Tuesday after the first Monday after their election.

Upon ratification of this amendment to the Constitution, the Governor, by and with the consent of the Senate, shall appoint three more Justices of the Supreme Court, each of whom shall have the same powers and shall receive the same compensation as each of the other Justices of the Supreme Court, and each of the Justices so appointed shall hold office until the first Tuesday after the first Monday of June in the year 1905, and may further hold office until his successor shall be elected and qualified, if it shall be so provided by law. For the year 1905 and for the subsequent years the Legislature may provide by law for the election of such number of Justices of the Supreme Court as it may determine, and prescribe their terms of office, not to exceed six years; Provided, That the number of Justices of the Supreme Court holding office at the same time shall not be less than three, and shall not be greater than six, and provided that no Justice of the Supreme Court can by such an act of the Legislature be deprived of his office during the term for which he was elected.

Section 4 of Article V of the Constitution is hereby amended so as to read as follows:

Section 4. The majority of the Justices of the Supreme Court shall constitute a quorum for the transaction of all business. But when there shall be six Justices of the Supreme Court, the Court may hear and determine cases and exercise any of its powers when sitting either in a body or in two divisions, under such regulations as may be prescribed by law or by the rules of said Court not inconsistent therewith. The concurrence of a majority of the members of the Court sitting in any cause wherein the Court shall sit as one body shall be necessary to a decision; and when any member of a division of the Court shall dissent from the majority of such division on any question, such question shall be submitted to the Court sitting in a body. The number of terms of the Supreme Court and the time of holding the same shall be regulated by law. All terms shall be held at the capital of the State.

Approved May 30, 1901.

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A JOINT RESOLUTION Proposing Amendment to Section 8 of Article V of the Constitution of the State of Florida.

Be it Resolved by the Legislature of the State of Florida:

That the following amendment to the Constitution of the State of Florida be, and the same is, hereby agreed to, and shall be submitted to the electors of the State at the general election in 1902 for ratification or rejection.

Section 8 of Article V of the Constitution is hereby amended so as to read as follows:

Section 8. There shall be eight Circuit Judges who shall be appointed by the Governor, and confirmed by the Senate, and who shall hold their office for six years.

The State shall be divided by the Legislature at its first regular session after the adoption of this section, into eight Judicial Circuits, and one Judge shall be assigned to each Circuit. Such Judge shall hold at least two terms of his Court in each county within his circuit every year, and at such times and places as shall be prescribed by law, and may hold special terms.

The Governor may, in his discretion, order a temporary exchange of circuits by the respective Judges or order any Judge to hold one or more terms or part or parts of any term in any other circuit than that to which he is assigned. The Judge shall reside in the Circuit of which he is Judge.

This section shall not be operative until the Legislature shall have divided this State into eight circuits, as hereinbefore provided for; and the seven Circuit Judges holding office at the time of such division shall continue to exercise jurisdiction over their several existing circuits as constituted at the time of such division, until the Judge of the additional circuit shall have qualified. The Circuit Judges holding office at the time of such division shall severally continue in office until the expiration of their then existing term of office as Judges of the circuits respectively in which, under such division, the county of his residence may be included; and a Judge for the additional circuit shall be appointed for a term equal to the unexpired term of the other Circuit Judges upon such division being made. The salary of each Circuit Judge shall be two thousand seven hundred and fifty dollars.

Approved May 31, 1901.