Amendments, Election of 11-5-40:

1939 SJR 69 (Article IX, Section 2) {Adopted}

1939 SJR 1001 (Article XVI, Section 32) {Adopted}

1939 CS/HJR 45 (Article IX, Section 15) {Adopted}

1939 HJR 54 (Article V, Sections 2, 4) {Adopted}

1939 HJR 214 (Article VIII, Section 5) {Defeated}

1939 HJR 375 (Article IX, Section 9) {Adopted}

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SENATE JOINT RESOLUTION NO. 69

A Joint Resolution Proposing the Amendment of Section 2 of Article IX of the Constitution, Abolishing Ad Valorem Taxation for State Purposes.

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

That the following amendment to Section 2 of Article IX of the Constitution of the State of Florida, relating to taxation and abolishing ad valorem taxes for State purposes, be, and the same is hereby, agreed to, and shall be submitted to the electors of the State at the General Election of Representatives in 1940, for approval or rejection; that is to say, that the said Section 2 of Article IX be amended so as to read as follows:

Section 2. The Legislature shall provide for raising revenue sufficient to defray the expenses of the State, including State appropriations for the benefit of the uniform system of free public schools provided in accordance with Article XII of the Constitution, and of the State institutions of higher learning, for each fiscal year, and also a sufficient sum to pay the principal and interest of the existing indebtedness of the State; but after December 31, A. D. 1940, no levy of ad valorem taxes upon real or personal property except intangible property, shall be made for any State purpose whatsoever; and Section 6 of Article XII be, and the same is hereby repealed.

Filed in Office Secretary of State, June 12, 1939.

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SENATE JOINT RESOLUTION NO. 1001

A Joint Resolution Proposing an Amendment to Article XVI of the Constitution of Florida Adding Thereto an Additional Section Permitting the Creation of a Commission Empowered to Grant Paroles or Conditional Releases or Probation of Prisoners or Persons With Criminal Offenses, Under Supervision.

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

That the following amendment to Article XVI of the Constitution of the State of Florida relating to Miscellaneous Provisions by adding thereto an additional Section to be known as Section 32 of said Article XVI specifically applicable to the creation of a Commission authorized to grant paroles or conditional releases or probation of prisoners under supervision, is hereby agreed to and shall be submitted to the electors of the State of Florida for ratification or rejection at the next General Election to be held in 1940, as follows:

Section 32. The Legislature may create a Parole Commission empowered to grant paroles or conditional releases or probation under official supervision to prisoners or persons charged with criminal offenses, and may provide for the qualification and method of selecting the Commission members and for their term of office the length of which shall be wholly within the discretion of the Legislature.

Filed in Office Secretary of State, June 12, 1939.

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COMMITTEE SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 45

A Joint Resolution Proposing an Amendment to Article IX of the Constitution of the State of Florida, Relating to Taxation and Finance, by Adding Thereto an Additional Section Authorizing the Legislature of the State of Florida to Allocate and Distribute to the Several Counties of the State, Certain Excise Taxes Now Levied and Collected and to Be Hereafter Levied and Collected By the State of Florida.

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

That the following amendment to Article IX of the Constitution of the State of Florida, relating to taxation and finance, by adding thereto an additional section to be known as Section 15 of said Article IX, authorizing the Legislature of the State of Florida to allocate and distribute to the several counties of the State, certain excise taxes now levied and collected and to be hereafter levied and collected by the State of Florida, is hereby agreed to and shall be submitted to the electors of the State of Florida for ratification or rejection at the next general election of Representatives to be held in 1940, as follows:

Section 15. The Legislature shall have the power to allocate and distribute to the several counties of the State, in equal amounts, and at such times as the Legislature shall determine, any portion of or all excise taxes now levied and collected, or hereafter levied or collected, by the State of Florida from the operation of pari-mutuel pools.

Filed in Office Secretary of State, June 12, 1939.

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HOUSE JOINT RESOLUTION NO. 54

A Joint Resolution Proposing an Amendment to Section 2 and to Section 4 of Article V of the Constitution of Florida Relating to the Judiciary Department.

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

That the following amendment of Section 2 and Section 4, respectively, of Article V of 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 of Florida at the next general election to be held on the first Tuesday after the first Monday in November, 1940, for ratification or rejection.

Section 2. (a) The Supreme Court shall consist of seven (7) Justices and the term of office of each Justice shall be six years; no term of any incumbent shall be affected by this amendment.

(b) Each Justice of the Supreme Court shall be elected by the qualified electors of the State at the time and places of voting for members of the legislature, at the general election next preceding the expiration of each term of such office.

(c) In the event of the ratification of this amendment it shall thereupon be the duty of the then Governor to appoint one additional Justice of the Supreme Court and he shall hold office from the date of his appointment until Tuesday after the first Monday in January, 1943, and his successor shall be elected at the general election in 1942 to hold office for a term of six years beginning Tuesday after the first Monday in January, 1943.

(d) The successors of the Justices of the Supreme Court shall be elected at the general election next preceding the expiration of their respective terms of office, but in event of a vacancy in office of any Justice and there be an unexpired term the successor shall be elected for the balance of the unexpired term.

Section 4. (a) The Supreme Court may hear, consider and determine cases and exercise all its powers and jurisdiction as a single body in which case a majority of the members of the Court shall constitute a quorum for the dispatch of business; or it may exercise its powers and jurisdiction in divisions.

(b) The Circuit Judges shall at all times be subject to call to the Supreme Court by that Court or the Chief Justice thereof, and during the call shall be members thereof as associate justices to act in place of any absent, disqualified or disabled justice or for assignment to a division, but no division shall include more than one circuit judge. A division shall consist of three members of said court exclusive of the Chief Justice, and the judgment of a division concurred in by the Chief Justice shall be the judgment of the Court unless such case involves (1) capital punishment, or (2) the determination of a State or Federal constitutional question wherein shall be brought into controversy the constitutionality of a Federal or State statute, rule, regulation or municipal ordinance, or (3) there be a dissent to the proposed judgment of a division by a member thereof or the Chief Justice, or (4) ordered by the Chief Justice to be considered by two divisions; whereupon it shall require the consideration of two divisions and the Chief Justice.

(c) The Chief Justice shall be the chief administrative officer of the Court and responsible for the dispatch of business and procuring consistent decisions; he shall not be required to examine the record of a cause but may accept the conclusions of fact found by a division and state in the opinion or accompanying statement and act upon the law so stated and discussed and its application to such fact, but in event of an equal division between those members properly considering a cause, he shall examine the record and participate therein as other justices. In the event the Chief Justice be unable to act for any cause the Justice longest in continuous service and able to act shall act instead with like effect.

Filed in Office Secretary of State, June 12, 1939.

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HOUSE JOINT RESOLUTION NO. 214

A Joint Resolution Proposing to Amend Section 5 Article VIII of the Constitution of the State of Florida Relating to County Commissioners.

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

That Section 5, of Article VIII of the Constitution of the State of Florida, relating to County Commissioners, be and the same is hereby amended, and as amended is agreed to and shall be submitted to the electors of the State of Florida at the general election of Representatives to be held in 1940 for approval or rejection. Said Section 5 of Article VIII, as amended, shall read as follows:

Section 5. That there shall be in each of the County Commissioner's districts, as shall exist by law from time to time in each county a Commissioner who shall be elected by the qualified electors of said county, at the time and place of voting for other county officers, and shall hold his office for four years, provided, however, that the County Commissioners elected in the general election in 1940, from the even-numbered districts shall serve for two years, and those from the odd-numbered districts shall serve for four years, and thereafter the terms shall be four years. The powers, duties and compensation of such County Commissioners shall be prescribed by law.

Filed in Office Secretary of State, June 12, 1939.

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HOUSE JOINT RESOLUTION NO. 375

A Joint Resolution Proposing to Amend Section 9 of Article IX of the Constitution of the State of Florida Relating to the Exemption of Certain Property From Taxation.

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

That Section 9 of Article IX of the Constitution of the State of Florida relating to the exemption of certain property from taxation be and the same is hereby amended, and as amended is agreed to and shall be submitted to the electors of the State of Florida at the next general election to be held on the first Tuesday after the first Monday in November, 1940, for ratification or rejection.

Said Section 9 of Article IX, as amended, shall read as follows, to-wit:

Section 9. There shall be exempt from taxation property to the value of Five Hundred Dollars to every widow and to every person who is a bona fide resident of the State and has lost a limb or been disabled in war or by misfortune.

Filed in Office Secretary of State, June 12, 1939.