Amendments, Election of 11-7-44:

1943 SJR 203 (Article XVIII, Sections 6, 7) {Adopted}

1943 SJR 314 (Article VIII, Section 5) {Adopted}

1943 SJR 419 (Article V, Section 21) {Adopted}

1943 SJR 670 (Article VII, Section 3) {Defeated}

1943 SJR 746 (Article VIII, Sections 12*, 13*) {Adopted}

1943 HJR 13 (Declaration of Rights, Section 12) {Adopted}

1943 HJR 55 (Article III, Section 24) {Defeated}

1943 HJR 322 (Article V, Section 47) {Adopted}

1943 HJR 348 (Article IX, Section 1) {Adopted}

1943 HJR 786 (Article XX, Sections 1-9) {Removed}

Related Materials:

Supreme Court Opinion (154 Fla. 881)

{Removing HJR 786 from Ballot}

*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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SENATE JOINT RESOLUTION NO. 203

A Joint Resolution Proposing to Amend Section 6 and Section 7 of Article XVIII of the Constitution of the State of Florida Relating to the Term of Office of Persons Appointed or Elected to Fill Vacancies in Elective Offices Under Said Constitution.

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

That the following amendment to Section 6 and Section 7 be, and the same is hereby agreed to, and the same shall be submitted to the qualified electors of the State of Florida for ratification or rejection at the next ensuing general election, that is to say: That Sections 6 and 7 of Article XVIII of the Constitution of the State of Florida, be amended to read as follows:

Section 6. The term of office for all appointees to fill vacancies in any of the elective offices under this Constitution shall extend only to the first Tuesday after the first Monday in January next after the election and qualification of a successor.

Section 7. In all cases of election to fill vacancies in office such election shall be for that part of the unexpired term commencing on the first Tuesday after the first Monday in January next after such election.

Filed without the Governor's approval.

Filed in Office Secretary of State June 12, 1943.

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SENATE JOINT RESOLUTION NO. 314

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 1944 for approval or rejection. That Section 5, of Article VIII, as amended, shall read as follows:

Section 5. There shall be one County Commissioner in each of the five County Commissioners' districts in each county, which districts shall be numbered one to five inclusive, and shall be as nearly as possible equal in proportion to population. The Board of County Commissioners in the respective counties shall from time to time fix the boundaries of such districts. Said County Commissioners shall be elected by the qualified electors of said county at the time and place of voting for other county officers, and shall hold office for four years, Provided, that the County Commissioners elected from the even-numbered districts in 1944 shall serve for two years, those elected in 1944 from the odd-numbered districts shall serve for four years, and thereafter the terms shall be for four years; Provided, that Section 11 of Article VIII of this Constitution shall not be affected hereby.

Filed without the Governor's approval.

Filed in Office Secretary of State May 27, 1943.

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SENATE JOINT RESOLUTION NO. 419

A Joint Resolution Proposing to Amend Section 21 of Article V of the Constitution of the State of Florida Relating to Justice Districts and Justices of the Peace.

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

That the following amendment to Section 21 of Article V of the Constitution of the State of Florida be and the same is hereby agreed to, and the same shall be submitted to the qualified electors at the general election in 1944 for ratification or rejection:

Section 21. There shall be not more than five Justice Districts in each county, and there shall be elected one Justice of the Peace for each Justice District, who shall hold office for four years. Existing Justice Districts are hereby recognized, but the Legislature may, by special Act, from time to time change the boundaries of any such District now or hereafter established, and may establish new or abolish any such District now or hereafter existing. Provided however that any such changes shall be submitted to the people of any county so affected, by referendum at the next ensuing general election.

Filed without the Governor's approval.

Filed in Office Secretary of State June 10, 1943.

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SENATE JOINT RESOLUTION NO. 670

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 Osceola and Okeechobee Counties as a Senatorial District, Designate Broward County as a Senatorial District and Designate Calhoun and Gulf Counties 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 Osceola and Okeechobee Counties as the thirty-ninth (39th) Senatorial District, Broward County as the fortieth (40th) Senatorial District, and Calhoun and Gulf Counties as the forty-first (41st) Senatorial District, be and the same is hereby agreed to and shall be submitted to the electors of Florida for ratification or rejection at the General Election to be held on the first Tuesday after the first Monday in November, 1944, as follows:

Section 3. The Legislature that shall meet in regular session, A. D. 1955, and those that shall meet every ten years thereafter, shall apportion the representation in the Senate, and shall provide for forty-one (41) 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 Osceola and Okeechobee Counties, Florida, shall constitute the thirty-ninth (39th) Senatorial District, Broward County, Florida, shall constitute the Fortieth (40th) Senatorial District, and Calhoun and Gulf Counties, Florida, shall constitute the Forty-first (41st) 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 (1) 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 been 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 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). Should this amendment be ratified in the General election in 1944, special elections shall be called within ninety days thereafter for the election of Senators in the Thirty-ninth (39th), Fortieth (40th), and Forty-first (41st) Senatorial Districts. In such special elections, the Senators in the Thirty-ninth (39th) and Forty-first (41st) Districts shall be elected for a term of four years and the Senator from the Fortieth (40th) District elected for a term of two years from the time of the General Election of 1944, and thereafter said Senators shall be elected for a term of four years except in case of a vacancy in office.

Filed without the Governor's approval.

Filed in Office Secretary of State June 14, 1943.

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SENATE JOINT RESOLUTION NO. 746

A Joint Resolution Proposing an Amendment to Article VIII of the Constitution of the State of Florida Relative to Assessment of Property for Taxes and the Collection of Taxes, by Adding Thereto Additional Sections to Provide That in the County of Hillsborough, State of Florida, the County Tax Assessor Shall Assess the Property of the County For the Purpose of Levying State, County, School and Municipal Taxes Levied by the State, County, County School Board, School Districts, Special Tax School Districts and Municipalities of the County.

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

That the following amendment of Article VIII of the Constitution of the State of Florida relative to the assessment and collection of all taxes in the County of Hillsborough, State of Florida, by adding thereto additional sections to be known as Section 11 and Section 12, 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, 1944, as follows:

Section 11. (1) From and after January 1, 1946, the County Tax Assessor in the County of Hillsborough, State of Florida, shall assess all property for all State, County, School and Municipal Taxes to be levied in the County by the State, County, County School Board, School Districts, Special Tax School Districts and Municipalities.

(2) The Legislature shall, at the Legislative Session in 1945 and from time to time thereafter, enact laws specifying the powers, functions, duties and compensation of the County Tax Assessor, designated in Paragraph 1 of this Section 11, and shall likewise, provide by law for the extension on the Assessment Roll of the County Tax Assessor of all taxes levied by the State, County, County School Board, School Districts, Special Tax School Districts and Municipalities.

Section 12. (1) From and after January 1, 1946, the County Tax Collector in the County of Hillsborough, State of Florida, shall collect all taxes levied in the County by the State, County, County School Board, School Districts, Special Tax School Districts and Municipalities.

(2) The Legislature shall, at the Legislative Session of 1945 and from time to time thereafter, enact laws specifying the powers, functions, duties and compensation of County Tax Collector, designated in Paragraph 1 of this Section 12, and shall likewise, provide for the collection, care, custody, reporting and disbursement of all taxes collected by the County Tax Collector.

Filed without the Governor's approval.

Filed in Office Secretary of State June 14, 1943.

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HOUSE JOINT RESOLUTION NO. 13

A JOINT RESOLUTION Proposing an Amendment to Section 12 of the Declaration of Rights in the Constitution of the State of Florida, Relating to Double Jeopardy, Self-Incrimination, Due Process of Law, and the Taking of Private Property Without Just Compensation, by Providing the Right of Persons to Work shall Not Be Denied or Abridged on Account of Membership or Non-Membership in any Labor Union, or Labor Organization; and Providing That the right of Employees to Collectively Bargain Shall Be Preserved.

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

That the following amendment to the Constitution of the State of Florida, Section 12 of the Declaration of Rights of said Constitution, be and the same is hereby agreed to, and the same shall be submitted to the qualified electors of the State of Florida for ratification or rejection at the next ensuing General Election, that is to say, that Section 12 of the Declaration of Rights of the Constitution of the State of Florida, be amended so as to read as follows:

Section 12. No person shall be subject to be twice put in jeopardy for the same offense, nor compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken without just compensation. The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union, or labor organization; provided, that this clause shall not be construed to deny or abridge the right of employees by and through a labor organization or labor union to bargain collectively with their employer.

Filed without the Governor's approval.

Filed in Office Secretary of State May 8, 1943.

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HOUSE JOINT RESOLUTION NO. 55

A Joint Resolution Proposing an Amendment to Section 24 of Article III of the Constitution of the State of Florida, Relating to Uniform County and Municipal Government and the Classification of Cities and Towns.

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

That the following amendment of Section 24 of Article III of the Constitution of the State of Florida, relating to uniform county and municipal government and the classification of cities and towns, be, and the same is, hereby agreed to and shall be submitted to the electors of the State of Florida at the General Election of Representatives to be held in 1944 for approval or rejection; that is to say, that Section 24 of Article III of the Constitution of the State of Florida be amended so as to read as follows:

Section 24. The Legislature shall establish a uniform system of county and municipal government which shall be applicable, except in cases where local or special laws are provided, or may hereafter be provided, by the Legislature that may be inconsistent therewith.

Filed without the Governor's approval.

Filed in Office Secretary of State June 10, 1943.

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HOUSE JOINT RESOLUTION NO. 322

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 State Attorneys, Judges of Criminal Courts of Record and County Solicitors (Except the Judge and Solicitor of the Court of Record of Escambia County), and Providing for Filling Vacancies in Any of Such Offices Prior to the First Tuesday after the First Monday in January, 1949, by Appointment by the governor and Confirmation by the Senate.

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 47 of said Article, relating to the election of State Attorneys, Judges of Criminal Courts of Record and County Solicitors (except the Judge and Solicitor of the Court of Record of Escambia County) 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, 1944, as follows:

Section 47. State Attorneys, Judges of the Criminal Courts of Record and County Solicitors (except the Judge and Solicitor of the Court of Record of Escambia County) shall hereafter be elected by the qualified electors of their respective judicial circuits or counties as other State and County officials are elected.

The first election of State Attorneys, Judges of Criminal Courts of Record and County Solicitors (except the Judge and Solicitor of the Court of Record of Escambia County) shall be held at the General Election in 1948 to take office the first Tuesday after the first Monday in January, 1949, for a term of four years.

The term or tenure of office of anyone heretofore or hereafter appointed to any of the offices herein mentioned shall not be extended hereby. Any vacancy in any of such offices prior to said first Tuesday after the first Monday in January, 1949, shall be filled by appointment by the Governor and confirmation by the Senate as heretofore provided by the Constitution but in no case for any longer than until the first Tuesday after the first Monday in January, 1949.

Any provision of the Constitution in conflict herewith is hereby repealed.

Filed without the Governor's approval.

Filed in Office Secretary of State May 18, 1943.

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HOUSE JOINT RESOLUTION NO. 348

A Joint Resolution Proposing the Amendment of Section 1 of Article IX of the Constitution of Florida Relating to Taxation.

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

That the following amendment to Section 1 of Article IX of the Constitution of Florida relating to taxation 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 1944, as follows:

Section 1. The Legislature shall provide for a uniform and equal rate of taxation, except that it may provide for special rate or rates on intangible property, but such special rate or rates shall not exceed two (2) mills on the dollar of the assessed valuation of such intangible property; provided, that as to any obligations secured by mortgage, deed of trust, or other lien, the Legislature may prescribe an intangible tax of not more than two (2) mills on the dollar, which shall be payable at the time such mortgage, deed of trust, or other lien is presented for recordation, said tax to be in lieu of all other intangible assessments on such obligations. The special rate or rates, or the taxes collected therefrom, may be apportioned by the Legislature, and shall be exclusive of all other State, County, District and municipal taxes; and shall prescribe such regulations as shall secure a just valuation of all property, both real and personal, excepting such property as may be exempted by law for municipal, education, literary, scientific, religious or charitable purposes.

Approved by the Governor May 20, 1943.

Filed in Office Secretary of State May 20, 1943.

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HOUSE JOINT RESOLUTION NO. 786

A JOINT RESOLUTION Proposing an Amendment to the Constitution of the State of Florida to Be Known as Article XX, Sections 1-9 thereof, Relating to the Consolidation of Certain Offices in the Counties of Dade and Orange, State of Florida, and Providing in said Counties for the Combination of Assessments and Collections and Equalization of County, Municipal and District Taxes, and Permitting Municipal Referendum, and the Consolidation of the Office of County Prosecutor and Solicitor with that of State Attorney, and Combining the Clerk of the Criminal and Civil Courts and Duties of Tax Collector with the Clerk of the Circuit Court.

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

That the Constitution of the State of Florida be and the same is hereby amended by adding Article XX thereto, and as amended is agreed to, and shall be submitted to the electors of the State of Florida for adoption or rejection at the next general election to be held in the year 1944, to-wit:

ARTICLE XX

Section 1. That on and after midnight, December 31, 1944, the County Tax Assessors of the Counties of Dade and Orange, State of Florida, shall each become and be the assessors of all property in their respective Counties, and they shall after that date make all assessments of ad valorem and acreage taxes, and other taxes that are or may be imposed upon real or personal property or their use, including by way of a single valuation all assessments upon property for each municipality, town, district, or other special taxing district, in Dade and Orange Counties. Such ad valorem assessments shall be subject to review and equalization by the County Board of Equalization of each County, which in each County shall consist of the several County Commissioners and one member appointed from and by each municipality or town in each County, which in each municipality or town in each County having a population of more than 3,000 at the last census; said Board of Equalization shall otherwise be governed by the general law from time to time in force pertaining to the equalization of taxes; provided, every municipality in each County having a population of 3,000 or less may appoint an additional member who shall be or become a part of the Board of Equalization for the purpose of equalization of taxes as respects any property within such municipality, or town, and not otherwise.

The Counties of Dade and Orange and each municipality, town, district and other special taxing districts now created by law, or which may be hereafter created by law, in each of said Counties, shall retain and control the power to fix their respective budgets for the purpose of measuring and imposing the millage to be imposed upon property in said Counties, subject to ad valorem or other like taxes within each respective municipality, town, district or other special taxing area, and the County Tax Assessor of each of said Counties shall in determining each assessment add the amount levied and imposed by such millage to the amount imposed by the respective Counties of Dade and Orange.

Section 2. That on and after midnight, December 31, 1944, the County Tax collectors of the Counties of Dade and Orange, State of Florida, shall each become the Tax Collector for all ad valorem and acreage taxes levied and imposed for the calendar year 1945 and subsequent years (except taxes now required to be collected by the Clerk of the Circuit Court) within each of said Counties and including all County taxes and all ad valorem and acreage taxes imposed by any municipality, town, district, or other taxing district upon property within each of said Counties, and the Legislature may provide that each of said Collectors shall also collect any other taxes, licenses or excises within said Counties. Such Collectors shall each remit to the designated proper officials of each taxing authority in their respective Counties all such taxes collected, forthwith, or as may be provided by law. Each Tax Collector shall collect each tax statement in full, and shall issue but one tax statement, which shall include all ad valorem or acreage taxes assessed during any one calendar year upon each parcel of real property, and upon each lot of personal property, and all tax certificates shall be issued to cover all taxes upon each parcel of real property for each calendar year and shall be sold by each Collector, as is or may be provided by law, as relates to County Taxes, and tax certificates not sold, and which by law or foreclosure are converted into title, may be so converted by the respective Counties and the property sold for the pro rata benefit of each interested taxing authority; sales shall be made and penalties and interest for delinquencies imposed as provided by law for County taxes; each taxing authority, where it has a tax interest, may purchase property sold for taxes or on foreclosure, and all monies derived from such sales, and from penalties and interest shall be collected and distributed pro rata to the respective Counties, municipalities, towns, drainage districts, or other taxing districts according to the proportion of taxes levied by each upon each parcel or piece of property involved.

Section 3. Municipalities in each of said Counties may by special election to be held prior to December 31, 1944, retain the right to assess and collect taxes. Upon adoption of this Article, any municipal government within the Counties of Dade and Orange may, after not less than fifteen (15) days notice by publication, call a special election to be participated in by the qualified freeholders of such municipality only, who shall determine by a majority whether Sections 1 and 2 hereof be, or not be, effective within such municipality. Such freeholders voting may by majority vote elect to have such municipality come under said Sections, or by a like majority of those voting, determine that it shall not come under said Sections. If by such vote the majority votes to come under Sections 1 and 2 hereof, or if any municipality fails to call and hold such election prior to December 31, 1944, then in either such event, Sections 1 and 2 hereof shall be effective upon such municipality. In the event any municipality elects not to come under Sections 1 and 2 hereof, such election shall not affect Sections 4, 5, 6, 7, 8, and 9 of this Article, except as to the assessment and collection of taxes in such municipality, which shall remain as is now provided by law; provided however, that at any general city or town election held thereafter upon petition filed at least thirty (30) days prior to such election by ten per cent (10%) of the freeholders entitled to vote in such election, the question of whether or not such municipality shall be bound by Sections 1 and 2 shall be placed on the ballot, and upon a vote to be so bound, such municipality shall thereafter be bound by said Sections.

Section 4. The County Tax Assessors and the County Tax Collectors of Dade and Orange Counties shall impose no charge by way of fee or otherwise upon the municipalities, towns, districts, or other taxing areas within said Counties for their services in making assessments and collections of ad valorem or acreage taxes or other duties imposed or to be imposed hereunder. The Legislature of the State of Florida may, by law, provide for payments to the respective County or Counties in an amount not to exceed one per cent (1%) of collections made and paid by the Collector to each taxing authority, to cover all costs of collection and assessment incurred by the respective Counties.

Section 5. That on and after the expiration of the term of the County Tax Collectors of the Counties of Dade and Orange, State of Florida, for which said Collectors have been elected as of the date of January 1, 1945, the duties imposed upon the County Tax Collectors of the Counties of Dade and Orange by law and this Article, shall be assumed and taken over by the respective Clerks of the Circuit Court in and for Dade and Orange Counties, who shall then each take over the books, funds, and accounts of the Collector for each County, and who thereafter shall be known and termed as both the "Clerk of the Circuit Court" and "Tax Collector" of the respective County for which he is Clerk.

Section 6. On and after the expiration of the terms of the County Solicitors of Dade and Orange Counties, Florida, for which they shall be each serving at the time this Article is adopted, the State Attorneys of Dade and Orange Counties, respectively, shall be and become the Prosecuting Officers of all the Criminal Courts of Dade and Orange Counties, respectively, and on and after the expiration of the term of each of said County Solicitors of said Counties, the office of the County Solicitor and Prosecuting Attorney shall be abolished within said Counties, and all of the duties of the County Solicitor within each of said Counties shall become the duties of the State Attorney in each of said Counties.

Section 7. On and after the expiration of the terms of the Clerks of the Criminal Court of Record of Dade and Orange Counties, for which they each are serving or have been elected on January 1, 1945, the offices of the Clerks of the Criminal Court of Record in both Counties and the Clerks of the Civil Courts of Record and the Court of Crimes in Dade County shall all be abolished, and the duties of the Clerks of the Criminal Court of Record in both Counties and the duties of the Clerk of the Civil Court of Record and the duties of the Clerk of the Court of Crimes in Dade County shall all be assumed, taken over, and become a part of the duties of the respective Clerks of the Circuit Court in Dade and Orange Counties.

Section 8. The assumption of new duties under the provisions of this Article shall not entitle any officer to increased compensation; but the officers upon whom such new duties shall be imposed shall continue to be governed by the general law of the State as it now is, or may be hereafter, as relates to the fixing of their respective salaries or prescribing their maximum compensation from fees; provided, however, that each officer may, as he assumes the herein stated additional duties, take over and be allowed such assistants, employees and expenses of the office assumed as may be approved by the Budget Commissions of such Counties, or by such other supervisory authority as may be established by the Legislature. Notwithstanding any general or special laws the provisions of this Article shall be self-executing. The Legislature may give reasonable interpretation to the words, phrases and Sections of this Article and direct their effect by related laws. The Legislature may by law control the compensation of each officer, and the expense and conduct of each office affected hereby, and may abolish fee systems where they exist in Dade and Orange Counties, and may control all fees and charges of offices or officials within each of said Counties.

Section 9. Section 20 of Article III, and Sections 5, 27 and 30 of Article V, and Section 6 of Article VIII, and Section 5 of Article IX of the Constitution of the State of Florida shall remain in full force and effect and said Sections of said Articles and the other provisions of the Constitution of the State of Florida relating to the offices consolidated by this Article shall remain in full force and effect, save and except as they may each relate to such offices and the system of taxation and fees in Dade and Orange Counties, Florida, and as to such offices, system and fees within said Counties, such Sections and the Constitution shall be modified and changed by this Article.

Filed without the Governor's approval.

Filed in Office Secretary of State June 10, 1943.