Amendments, Election of 11-3-42:

1941 CS/SJR 334 (Article V, Section 46) {Adopted}

1941 CS/SJR 28 (Article IV, Section 30) {Adopted}

1941 SJR 88 (Article XVII, Section 3) {Adopted}

1941 SJR 324 (Article IX, Section 16) {Adopted}

1941 SJR 794 (Article XVI, Section 16) {Defeated}

1941 HJR 97 (Article X, Section 1A) {Defeated}

1941 HJR 560 (Article XVI, Section 33*) {Adopted}

1941 CS/HJR 1801 (Article VII, Section 3) {Defeated}

1941 HJR 858 (Article VIII, Section 11) {Adopted}

*For a number of years, some of the section numbers assigned by the Legislature were erroneous; then for several more years, the Legislature omitted the section number from some proposed amendments with the instruction: "to be assigned by the Secretary of State upon ratification."

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COMMITTEE SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 334

A JOINT RESOLUTION Proposing an Amendment to Article V of the Constitution of Florida by Adding Thereto an Additional Section Relating to the Election of Circuit Judges.

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

That Article V of the Constitution of the State of Florida be amended by adding thereto an additional Section to be known as Section 46 of said Article relating to the Election of Circuit Judges be, and the same is hereby agreed to and shall be submitted to the electors of the State of Florida for ratification or rejection at the General Election to be held on the first Tuesday after the first Monday in November, 1942, as follows:

Section 46. Circuit Judges shall hereafter be elected by the qualified electors of their respective judicial circuits as other State and County officials are elected.

The first election of Circuit Judges shall be held at the General Election in 1948 to take office on the first Tuesday after the first Monday in January, 1949, for a term of six years.

The terms of all such offices as they shall severally exist at the time of adoption of this Amendment shall be and they are hereby extended to terminate on the first Tuesday after the first Monday in January, 1949.

Approved by the Governor June 12, 1941.

Filed in Office Secretary of State June 13, 1941.

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COMMITTEE SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 28

A JOINT RESOLUTION Proposing an Amendment to Article IV of the Constitution of the State of Florida Relative to the Executive Department, by Adding Thereto an Additional Section to Create a Game and Fresh Water Fish Commission.

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

That the following Amendment to Article IV of the Constitution of the state of Florida relative to the Executive Department by adding thereto an additional Section to be known as Section 30 of said Article IV, creating a Game and Fresh Water Fish Commission be and the same is hereby agreed to and shall be submitted to the Electors of the State of Florida for ratification or rejection at the General Election to be held on the first Tuesday after the first Monday in November 1942, as follows:

Section 30. 1. From and after January 1, 1943, the management, restoration, conservation, and regulation, of the birds, game, fur bearing animals, and fresh water fish, of the State of Florida, and the acquisition, establishment, control, and management, of hatcheries, sanctuaries, refuges, reservations, and all other property now or hereafter owned or used for such purposes by the State of Florida, shall be vested in a Commission to be known as the Game and Fresh Water Fish Commission. Such Commission shall consist of five members, one from each congressional district, as existing on January 1, 1941, who shall be appointed by the Governor, subject to confirmation by the Senate. The members so appointed shall annually select one of their members as Chairman of the Commission.

2. The first members of the Commission shall be appointed on January 1, 1943 and shall serve respectively for one, two, three, four, and five years. At the expiration of each of such terms, a successor shall be appointed to serve for a term of five years.

3. The members of the Commission shall receive no compensation for their services as such, but each Commissioner shall receive his necessary traveling or other expenses incurred while engaged in the discharge of his Official duties, but such shall not exceed the sum of $600.00 in any one year.

4. Among the powers granted to the Commission by this Section shall be the power to fix bag limits and to fix open and closed seasons, on a state-wide, regional or local basis, as it may find to be appropriate, and to regulate the manner and method of taking, transporting, storing and using birds, game, fur bearing animals, fresh water fish, reptiles, and amphibians. The Commission shall also have the power to acquire by purchase, gift, all property necessary, useful, or convenient, for the use of the Commission in the exercise of its powers hereunder.

5. The Commission shall appoint, fix the salary of, and at pleasure remove, a suitable person, as Director, and such Director shall have such powers and duties as may be prescribed by the Commission in pursuance of its duties under this Section. Such Director shall, subject to the approval of the Commission, appoint, fix the salaries of, and at pleasure remove, assistants, and other employees who shall have such powers and duties as may be assigned to them by the Commission or the Director. No Commissioner shall be eligible for any such appointment or employment.

6. The funds resulting from the operation of the Commission and from the administration of the laws and regulations pertaining to birds, game, fur bearing animals, fresh water fish, reptiles, and amphibians, together with any other funds specifically provided for such purpose shall constitute the state Game Fund and shall be used by the Commission as it shall deem fit in carrying out the provisions hereof and for no other purposes. The Commission may not obligate itself beyond the current resources of the State Game Fund unless specifically so authorized by the Legislature.

7. The Legislature may enact any laws in aid of, but not inconsistent with, the provisions of this amendment, and all existing laws inconsistent herewith shall no longer remain in force and effect. All laws fixing penalties for the violation of the provisions of this amendment and all laws imposing license taxes, shall be enacted by the Legislature from time to time.

Approved by the Governor May 5, 1941.

Filed in Office Secretary of State May 5, 1941.

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SENATE JOINT RESOLUTION NO. 88

A JOINT RESOLUTION Proposing an Amendment to the Constitution of the State of Florida to be Known as Section 3 of Article XVII, Relating to Amendments.

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

That the following Amendment, to be known as Section 3 of Article XVII of the present Constitution be and the same is hereby agreed to and shall be submitted to the electors of the State at the general election of Representatives to be held in the year A. D. 1942, to-wit:

Section 3. If at any regular or special or extra session, the Legislature, by vote of three-fourths of all members elected to each House, shall determine that an emergency requiring an early decision by the electors of the State exists, an Amendment to this Constitution dealing with the subject matter of such emergency may be proposed, and if the proposed Amendment be agreed to by a three-fourths vote of all the members elected to each House, the same shall be entered upon their respective journals with the yeas and nays thereon. Thereupon, at the same session, the Legislature shall provide for a special election to be held not less than ninety nor more than one hundred eighty days after adjournment and for publication of notice thereof, at which special election the proposed Amendment shall be submitted to the electors of the State for approval or rejection; provided, that if a general election of Representatives is to occur within said period, such Amendment shall be submitted to the electors at such general election.

If a majority of the electors voting upon the proposed Amendment shall adopt the Amendment, the same shall become a part of this Constitution. This Amendment shall not be held to supersede or in anywise affect any existing provision of the Constitution relating to Amendments, but shall be regarded as an additional method of Amendment thereto.

Approved by the Governor May 5, 1941.

Filed in Office Secretary of State May 5, 1941.

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SENATE JOINT RESOLUTION NO. 324

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 Creating a State Board of Administration; Prescribing Its Powers and Duties, and Providing For the Use of Proceeds of Two Cents Per Gallon of the Gasoline or Other Motor Fuel Tax For (1) the Payment and Retirement of All Outstanding Bonds Issued by Any County or Special Road and Bridge District Prior to First Day of July, A. D. 1931, For Road and Bridge Purposes, and For (2) Public Highway Purposes.

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 16 of said Article IX creating a State Board of Administration; prescribing its powers and duties, and providing for the use of the proceeds of two cents per gallon of the gasoline or other motor fuel tax for (1) the payment and retirement of all outstanding bonds issued by any county or special road and bridge district prior to the First day of July, A. D. 1931, for road and bridge purposes, and for (2) public highway purposes, 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 1942, as follows:

Section 16. (a) That beginning January 1, 1943, and for fifty (50) years thereafter, the proceeds of two (2) cents per gallon of the total tax levied by State law upon gasoline and other like products of petroleum, now known as the Second Gas Tax, and upon other fuels used to propel motor vehicles, shall as collected be placed monthly in the "State Roads Distribution Fund" in the State Treasury and divided into three (3) equal parts which shall be distributed monthly among the several counties as follows: one part according to area, one part according to population, and one part according to the counties' contributions to the cost of State road construction in the ratio of distribution as provided in Chapter 15659, Laws of Florida, Acts of 1931, and for the purposes of the apportionment based on the counties' contributions for the cost of State road construction, the amount of the contributions established by the certificates made in 1931 pursuant to said Chapter 15659, shall be taken and deemed conclusive in computing the monthly amounts distributable according to said contributions. Such funds so distributed shall be administered by the State Board of Administration as hereinafter provided.

(b) The Governor as chairman, the State Treasurer, and the State Comptroller shall constitute a body corporate to be known as the "State Board of Administration," which Board shall succeed to all the power, control and authority of the statutory Board of Administration. Said Board shall have, in addition to such powers as may be conferred upon it by law, the management, control and supervision of the proceeds of said two (2) cents of said taxes and all monies and other assets which on the effective date of this amendment are applicable or may become applicable to the bonds of the several counties of this State, or any special road and bridge district, or other special taxing district thereof, issued prior to July 1, 1931, for road and bridge purposes. The word "bonds" as used herein shall include bonds, time warrants, notes and other forms of indebtedness issued for road and bridge purposes by any county or special road and bridge district or other special taxing district, outstanding on July 1, 1931, or any refunding issues thereof. Said Board shall have the statutory powers of Boards of County Commissioners and Bond Trustees and of any other Authority of special road and bridge districts, and other special taxing districts thereof with regard to said bonds, (except that the power to levy ad valorem taxes is expressly withheld from said Board) and shall take over all papers, documents and records concerning the same. Said Board shall have the power from time to time to issue refunding bonds to mature within the said fifty (50) year period, for any of said outstanding bonds or interest thereon, and to secure them by a pledge of anticipated receipts from such gasoline or other fuel taxes to be distributed to such county as herein provided, but not at a greater rate of interest than said bonds now bear; and to issue, sell or exchange on behalf of any county or unit for the sole purpose of retiring said bonds issued by such county, or special road and bridge district, or other special taxing district thereof, gasoline or other fuel tax anticipation certificates bearing interest at not more than three (3) per cent per annum in such denominations and maturing at such time within the fifty (50) year period as the Board may determine. In addition to exercising the powers now provided by statute for the investment of sinking funds, said Board may use the sinking funds created for said bonds of any county or special road and bridge district, or other unit hereunder, to purchase the matured or maturing bonds participating herein of any other county or any other special road and bridge district, or other special taxing district thereof, provided that as to said matured bonds, the value thereof as an investment shall be the price paid therefor, which shall not exceed the par value plus accrued interest, and that said investment shall bear interest at the rate of three (3) per cent per annum.

(c) The said Board shall annually use said funds in each county account, first, to pay current principal and interest maturing, if any, of said bonds and gasoline or other fuel tax anticipation certificates of such county or special road and bridge district, or other special taxing district thereof; second, to establish a sinking fund account to meet future requirements of said bonds and gasoline or other fuel tax anticipation certificates where it appears the anticipated income for any year or years will not equal scheduled payments thereon; and third, any remaining balance out of the proceeds of said two (2) cents of said taxes shall monthly during the year be remitted by said Board as follows: Eighty per cent (80%) to the State Road Department for the construction or reconstruction of State Roads and bridges within the county, or for the lease or purchase of bridges connecting State highways within the County, and twenty per cent (20%) to the Board of County Commissioners of such county for use on roads and bridges therein.

(d) Said Board shall have the power to make and enforce all rules and regulations necessary to the full exercise of the powers hereby granted and no legislation shall be required to render this amendment of full force and operating effect from and after January 1, 1943. The Legislature shall continue the levies of said taxes during the life of this Amendment, and shall not enact any law having the effect of withdrawing the proceeds of said two (2) cents of said taxes from the operation of this amendment. The Board shall pay refunding expenses and other expenses for services rendered specifically for, or which are properly chargeable to, the account of any county from funds distributed to such county; but general expenses of the Board for services rendered all the counties alike shall be prorated among them and paid out of said funds on the same basis said tax proceeds are distributed among the several counties; provided, report of said expenses shall be made to each Regular Session of the Legislature, and the Legislature may limit the expenses of the Board.

Approved by the Governor May 13, 1941.

Filed in Office Secretary of State May 13, 1941.

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SENATE JOINT RESOLUTION NO. 794

A JOINT RESOLUTION Proposing the Amendment of Section 16 of Article XVI of the Constitution of Florida, Relating to Taxation of Property of Corporations, With Certain Exemptions For Religious, Scientific, Municipal, Educational, Literary, Fraternal or Charitable Purposes.

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

That the following amendment to Section 16 of Article XVI of the Constitution of the State of Florida, relating to taxation of the property of corporations, with certain exemptions for religious, scientific, municipal, educational, literary, fraternal or charitable purposes, be, and the same 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 1942; that is to say, that the said Section 16 of Article XVI of the Constitution of the State of Florida be amended so as to read as follows:

Section 16. The property of all corporations, except the property of a corporation which shall construct a ship or barge canal across the peninsula of Florida, if the Legislature should so enact, whether heretofore or hereafter incorporated, shall be subject to taxation, unless such property be held and used to the extent of at least one-fourth thereof, for religious, scientific, municipal, educational, literary, fraternal or charitable purposes.

Provided, however, this amendment shall not affect the provisions of Sections 12 and 14 of Article IX of the Constitution of Florida.

Approved by the Governor June 11, 1941.

Filed in Office Secretary of State June 11, 1941.

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HOUSE JOINT RESOLUTION NO. 97

A JOINT RESOLUTION Proposing an Amendment to Section 1, of Article X of the Constitution of Florida, Relating to Homestead and Exemption, So as to Permit the Wages, Salary or Income From Any Source Whatsoever Due to Any Person the Head of a Family as Provided Therein, to be the Subject of Garnishment to the Extend of Not More Than 25% Thereof in the Courts of This State, as May be Provided by Law, For the Payment of Any Obligations Arising by Express or Implied Contract Subsequent to the Adoption of This Amendment; and Further Providing Exemptions Thereto in Cases of Income of Less Than Twenty-Five Dollars Per Week Except as to Necessities of Life as May be Defined by the Legislature.

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

That the following amendment to Section 1, Article X of the Constitution of Florida, authorizing the garnishment of any wages, salary or income due any person who is the head of a family, as provided therein, to the extent of 25% thereof, be, and the same is hereby agreed to and shall be submitted to the electors of the State in the General Election of Representatives in 1942 for their approval or rejection; that is to say, that Section 1 of Article X be amended by adding thereto the following Section:

Section 1-A. That the salary, wages and income from any source whatsoever due and owing, or to become due and owing to any person who is the head of a family residing in this State, shall be the subject of garnishment in the courts of this State as may be provided by law, to the extent of not more than 25% of such salary, wages and income, for the payment of any obligations arising by express or implied contract subsequent to the adoption of this amendment, provided, however, that the Legislature shall not extend the right of garnishment as herein provided where the salary is $25.00 or less per week, except to necessities of life as may from time to time be defined by the Legislature.

Approved by the Governor June 11, 1941.

Filed in Office Secretary of State June 11, 1941.

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HOUSE JOINT RESOLUTION NO. 560

A JOINT RESOLUTION Proposing an Amendment to Article XVI of the Constitution of Florida, by Adding Thereto an Additional Section Permitting the Legislature to Vest the Power of Making Rules and Regulations Relating to the Conservation of Salt Water Fish and Salt Water Products in a Board or Commission.

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

That Article XVI of the Constitution of the State of Florida be amended by adding thereto an additional Section to be known as Section 32 of said Article XVI, authorizing the Legislature to vest the power of making rules and regulations relating to conservation of salt water fish and salt water products in a board or commission, be and the same is hereby agreed to, and shall be submitted to the electors of the State of Florida for ratification or rejection at the General Election to be held on the first Tuesday after the first Monday in November, 1942, as follows:

Section 32. The Legislature may vest in such board or commission, now created or that may be created by it, authority to make and establish rules and regulations without regard to uniformity of application, relating to the conservation of salt water fish and salt water products.

Approved by the Governor June 12, 1941.

Filed in Office Secretary of State June 12, 1941.

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COMMITTEE SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 1801

A JOINT RESOLUTION Proposing an Amendment to Article VII, Section 3, of the Constitution of the State of Florida, Relative to Census and Apportionment, by Amending Section 3 of Said Article So as to Designate Broward County as a Senatorial District and Designate Calhoun County and Gulf County as a Senatorial District.

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

That the following amendment to Section 3 of Article VII of the Constitution of the State of Florida, relative to Census and apportionment, designating Broward County as the thirty-ninth (39th) Senatorial District, and Calhoun County and Gulf County as the fortieth (40th) Senatorial District, be and the same is hereby agreed to, and shall be submitted to the electors of the State of Florida, for ratification or rejection at the General Election to be held on the first Tuesday after the first Monday in November, 1942, as follows:

Section 3. The Legislature that shall meet in regular session A. D. 1925, and those that shall meet every ten years thereafter, shall apportion the representation in the Senate, and shall provide for forty (40) Senatorial Districts, such Districts to be as nearly equal in population as practicable, but no County shall be divided in making such apportionment, and each District shall have one Senator; provided that Broward County, Florida, shall constitute the Thirty-ninth (39th) Senatorial District, and Calhoun County, Florida, and Gulf County, Florida, shall constitute the Fortieth (40th) Senatorial District; and, at the same time, the Legislature shall also apportion the representation in the House of Representatives, and shall allow three (3) Representatives to each of the five most populous counties, and two (2) Representatives to each of the next eighteen more populous counties, and one Representative to each of the remaining counties of the State at the time of such apportionment. Should the Legislature fail to apportion the representation in the Senate and in the House of Representatives, at any regular session of the Legislature at any of the times herein designated, it shall be the duty of the Legislature or Legislatures succeeding such regular session of the Legislature, either in Special or Regular session, to apportion the representation in the Senate and in the House of Representatives, as herein provided. The preceding regular Federal or regular State Census, whichever shall have taken nearest any apportionment of Representatives in the Senate and in the House of Representatives, shall control in making such apportionment. In the event the Legislature shall fail to reapportion the representation in the Legislature as required by this amendment, the Governor shall (within thirty days after the adjournment of the regular session), call the Legislature together in extraordinary session to consider the question of reapportionment and such extraordinary session of the Legislature is hereby mandatorily required to reapportion the representation as required by this amendment before its adjournment (and such extraordinary session so called for reapportionment shall not be limited to expire at the end of twenty days or at all, until reapportionment is effected, and shall consider no business other than such reapportionment).

Approved by the Governor June 7, 1941.

Filed in Office Secretary of State June 9, 1941.

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HOUSE JOINT RESOLUTION NO. 858

A JOINT RESOLUTION Proposing an Amendment to Article VIII of the Constitution of the State of Florida, Relating to County and Municipal Governments.

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

That the following amendment to Article VIII of the Constitution of the State of Florida relating to County and Municipal Governments, to be numbered Section 11 of said Article VIII, be and the same is hereby agreed to and shall be submitted to the electors of the State for ratification or rejection at the next general election, to be held in November, 1942, to-wit:

Section 11. The County Commissioners of Dade County who shall be elected at the general election in 1942 shall, immediately after the beginning of their terms of office, redistrict Dade County into five County Commissioners' Districts to be numbered by the said Commissioners from one to five respectively, and delineate the boundaries of such Districts in such manner as to include within the respective Districts territory as follows:

One of the said Commissioners' Districts shall comprise the territory which was on the first day of April, 1941, embraced within Election Precincts numbered 24 to 32, inclusive, and also such parts of Election Precincts numbered 10, 56, 60 and 61 as lie East of the Western shore of Biscayne Bay, all as established by a resolution of the County Commissioners of said County adopted November 14, 1939, designated as Resolution No. 1077;

Another of the said Districts shall comprise the territory, and only the territory, which was on the first day of April, 1941, embraced in Commissioners' District No. 4 and Commissioners' District No. 5, as described in Book "F" of the Minutes of the County Commissioners of said County, at page 194 et seq.;

Another of the said Commissioners' Districts shall comprise the territory which was on the first day of April, 1941, embraced in Commissioners' District No. 1, as described in Book "F" of the Minutes of the County Commissioners of said County, at page 194 et seq., and also all the territory which was on the first day of April, 1941, embraced in Election Precincts numbered 75 to 82, inclusive, as established by the aforesaid Resolution No. 1077;

Another of the said Districts shall comprise the territory which was on the first day of April, 1941, embraced in Commissioners' District No. 3, as described in Book "F" of the Minutes of the County Commissioners of said County, at page 194 et seq., except the territory embraced in the aforesaid Election Precincts numbered 75 to 82, inclusive, and 26 to 32, inclusive, and except such parts of Election Precincts numbered 56, 60 and 61 as lie East of the Western shore of Biscayne Bay.

Another of the said Commissioners' Districts shall comprise the territory which was on the first day of April, 1941, embraced in Commissioners' District No. 2 as described in Book "F" of the Minutes of the County Commissioners of said County, at page 194 et seq., except the territory embraced in the aforesaid Election Precincts numbered 24 and 25, and such part of Election Precinct number 10 as lies East of the Western shore of Biscayne Bay.

The County Commissioners who shall be elected in Dade County at the general election in 1942 shall hold office for the term of two years for which they shall have been elected and their terms of office shall not be affected by this amendment; but thereafter there shall be in each of the Districts established by, and in pursuance of, this amendment a County Commissioner who shall reside in his District but who shall be nominated and elected from the County at large. Every County Commissioner of Dade County who shall be elected at the general election in 1944 and thereafter shall hold office for a term of four years. The powers, duties and compensation of such County commissioners shall be as from time to time provided by law.

Approved by the Governor May 28, 1941.

Filed in Office Secretary of State May 28, 1941.