State Seal Issue Survey

Amendments, Election of 11-4-52:

1951 SJR 7 (Article V, Section ?*) {Defeated}

1951 SJR 96 (Article VIII, Sections ?*, ?*) {Defeated}

1951 SJR 106 (Article XII, Section 18) {Adopted}

1951 CS/SJR 117 (Article VIII, Section 1) {Defeated}

1951 CS/SJR 290 (Article V, Sections 2, 3, 4, 5, 6, 7, 8, 44, 49) {Defeated}

1951 SJR 993 (Article VIII, Section ?*) {Defeated}

1951 SJR 1115 (Article V, Section 50) {Defeated}

1951 HJR 80 (Article VII, Section 6) {Defeated}

1951 HJR 341 (Article VII, Section 6) {Defeated}

1951 HJR 453 (Article V, Section ?*) {Defeated}

1951 HJR 989 (Article VIII, Section ?*) {Defeated}

*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."

Related Material:

"Florida's Proposed Constitutional Amendments 1952," by William F. Larsen.

Civic Information Series No. 12, Public Administration Clearing Service,

University of Florida. 1952.



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SENATE JOINT RESOLUTION NO. 7

A Joint Resolution Proposing an Amendment to Article V of the Constitution of the State of Florida by Adding a New Section Thereto To Be Numbered by the Secretary of State, Relating to Abolishing the Office of County Solicitor in Dade County, Florida, and the Duties of the State Attorney of Dade County, Florida, and His Assistant State Attorneys, and the Appointment of Such Assistant State Attorneys and Special Investigators, and for the enactment of Enabling Statutes.

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 an additional section thereto to be numbered by the Secretary of State, 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, 1952, as follows:

Section __. On and after July 1, 1953, the State Attorney of the Eleventh Judicial Circuit in and for Dade County, Florida, shall be the prosecuting attorney of the Criminal Court of Record and the Court of Crimes, of Dade County; and the office of County Solicitor, and the position of Assistant County Solicitor in Dade County shall stand abolished and terminated, and, thereafter, the State Attorney and his Assistant State Attorneys, under his direction, shall perform all of the duties and functions of office heretofore performed by the County Solicitor. Pending information filed in the Criminal Court of Record or Court of Crimes shall not be invalidated hereby, and the State Attorney, or his Assistant State Attorneys, may file amended informations in any such cases, if and when necessary. The Legislature may provide for Assistant State Attorneys and special investigators for the State Attorney of Dade County, who shall be appointed by the State Attorney and sworn in by the court, and such Assistant State Attorneys shall work under the direction of the State Attorney and shall have full authority to do and perform any official act that the State Attorney may do and perform. It shall be the duty of the said State Attorney concurrently with the Sheriff of Dade County to enforce all of the criminal laws of the State of Florida in said County and the Legislature may, by special or general act, enact such statutes as are necessary to supplement and give full force and effect to this section of the Constitution.

Filed in Office Secretary of State June 11, 1951.



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SENATE JOINT RESOLUTION NO. 96

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 Lee, 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, Port Districts, Drainage Districts, and Any Other Taxing Districts, and Municipalities of the County Which by Ordinance Request Their Taxes To Be So Assessed and Levied, and That the County Tax Collector Shall Collect and Distribute the Said Taxes.

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 relative to the assessment and collection of all taxes in the county of Lee, State of Florida, by adding thereto additional sections to be numbered by the secretary of state, 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, 1952, as follows:

Section __. From and after January 1, 1954, the county tax assessor in the county of Lee, 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, port districts, drainage districts, and any other taxing districts and municipalities which by ordinance request their taxes to be so assessed.

The legislature shall at the Legislative Session in 1953 and from time to time thereafter, enact laws specifying the powers, functions, duties and compensation of county tax assessor, designated in the first paragraph of this section, 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, port districts, drainage districts, and any other taxing districts and municipalities, whose taxes may be assessed by the county tax assessor pursuant to the first paragraph of this section.

Section __. From and after January 1, 1954, the county tax collector in the county of Lee, State of Florida, shall collect all taxes levied in the county by the state, county, county school board, school districts, special tax school districts, port districts, drainage districts, and any other taxing districts and municipalities, whose taxes may be assessed by the county tax assessor pursuant to the first paragraph of the preceding section hereof.

The legislature shall at the Legislative Session of 1953, and from time to time thereafter enact laws specifying the powers, functions, duties and compensation of county tax collector designated in the first paragraph of this section, and shall likewise provide for the collection, care, custody, reporting and disbursement of all taxes collected by the county tax collector.

Filed in Office Secretary of State May 14, 1951.



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SENATE JOINT RESOLUTION NO. 106

A Joint Resolution Proposing an Amendment to Article XII of the State Constitution, by Adding Thereto Section 18, Providing That Part of the Revenue Derived From the Licensing of Motor Vehicles Shall Be Used for Capital Outlay and Debt Service School Purposes and Prescribing the Method of Distribution and Use Thereof.

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

That the following amendment to Article XII of the State Constitution, by adding thereto Section 18, providing that part of the revenue derived from the licensing of motor vehicles shall be used for capital outlay and debt service school purposes and prescribing the method of distribution and use thereof, 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 1952, as follows:

Section 18. (a) That beginning January 1, 1953, and for thirty (30) years thereafter, the first proceeds of the revenues derived from the licensing of motor vehicles to the extent necessary to comply with the provisions of this amendment, shall, as collected, be placed monthly in the County Capital Outlay and Debt Service School Fund in the State Treasury, and used only as provided in this Amendment. Such revenue shall be distributed annually among the several counties in the ratio of the number of instruction units in each county in each year computed as provided herein. The amount of the first revenues derived from the licensing of motor vehicles to be so set aside in each year and distributed as provided herein shall be an amount equal in the aggregate to the product of four hundred ($400.00) dollars multiplied by the total number of instruction units in all the counties of Florida. The number of instruction units in each county in each year for the purposes of this Amendment shall be the greater of (1) the number of instruction units in each county for the school fiscal year 1951-52 computed in the manner heretofore or hereafter provided by general law, or (2) the number of instruction units in such county for the preceding school fiscal year computed in the manner heretofore or hereafter provided by general law and approved by the State Board of Education (hereinafter called the State Board).

Such funds so distributed shall be administered by the State Board as now created and constituted by Section 3 of Article XII of the Constitution of Florida. For the purposes of this Amendment, said State Board, as now constituted, shall continue as a body corporate during the life of this Amendment and shall have all the powers provided in this Amendment in addition to all other constitutional and statutory powers related to the purposes of this Amendment heretofore or hereafter conferred upon said Board.

(b) The State Board shall, in addition to its other constitutional and statutory powers, have the management, control and supervision of the proceeds of the first part of the revenues derived from the licensing of motor vehicles provided for in subsection (a) hereof. The State Board shall also have power, for the purpose of obtaining funds for the use of any County Board of Public Instruction in acquiring, building, constructing, altering, improving, enlarging, furnishing, or equipping capital outlay projects for school purposes, to issue bonds or motor vehicle tax anticipation certificates, and also to issue such bonds or motor vehicle tax anticipation certificates to pay, fund or refund any bonds or motor vehicle tax anticipation certificates theretofore issued by said State Board. All such bonds shall bear interest at not exceeding four (4) per centum per annum and shall mature serially in annual installments commencing not more than three (3) years from the date of issuance thereof and ending not later than January 1, 1983, and each annual installment shall not be less than three (3) per centum of the total amount of the issue. All such motor vehicle tax anticipation certificates shall bear interest at not exceeding four (4) per centum per annum and shall mature prior to January 1, 1983. The State Board shall have power to determine all other details of said bonds or motor vehicle tax anticipation certificates and to sell at public sale after public advertisement, or exchange said bonds or motor vehicle tax anticipation certificates, upon such terms and conditions as the State Board shall provide.

The State Board shall also have power to pledge for the payment of the principal of and interest on such bonds or motor vehicle tax anticipation certificates, including refunding bonds or refunding motor vehicle tax anticipation certificates, all or any part from the anticipated revenues to be derived from the licensing of motor vehicles provided for in this Amendment and to enter into any covenants and other agreements with the holders of such bond or motor vehicle tax anticipation certificates at the time of the issuance thereof concerning the security thereof and the rights of the holders thereof, all of which covenants and agreements shall constitute legally binding and irrevocable contracts with such holders and shall be fully enforceable by such holders in any court of competent jurisdiction.

No such bonds or motor vehicle tax anticipation certificates shall ever be issued by the state Board until after the adoption of a resolution requesting the issuance thereof by the County Board of Public Instruction of the county on behalf of which such obligations are to be issued. The State Board of Education shall limit the amount of such bonds or motor vehicle tax anticipation certificates which can be issued on behalf of any county to seventy-five (75) per cent of the amount which it determines can be serviced by the revenue accruing to the county under the provisions of this Amendment. All such bonds or motor vehicle tax anticipation certificates shall be issued in the name of the State Board of Education but shall be issued for and on behalf of the County Board of Public Instruction requesting the issuance thereof, and no election or approval of qualified electors or freeholders shall be required for the issuance thereof.

(c) The State Board shall in each year use the funds distributable pursuant to this Amendment to the credit of each county only in the following manner and order of priority:

(1) To pay all amounts of principal and interest maturing in such year on any bonds or motor vehicle tax anticipation certificates issued under the authority hereof, including refunding bonds or motor vehicle tax anticipation certificates, issued on behalf of the Board of Public Instruction of such county; subject, however, to any covenants or agreements made by the state Board concerning the rights between holders of different issues of such bonds or motor vehicle tax anticipation certificates, as herein authorized.

(2) To establish and maintain a sinking fund or funds to meet future requirements for debt service, or reserves therefor, on bonds or motor vehicle tax anticipation certificates issued on behalf of the Board of Public Instruction of such county, under the authority hereof, whenever the State Board shall deem it necessary or advisable, and in such amounts and under such terms and conditions as the State Board shall in its discretion determine.

(3) To distribute annually to the several Boards of Public Instruction of the counties for use in payment of debt service on bonds heretofore or hereafter issued by any such Board where the proceeds of the bonds were used, or are to be used, in the construction, acquisition, improvement, enlargement, furnishing, or equipping of capital outlay projects in such county, and which capital outlay projects have been approved by the Board of Public Instruction of the county, pursuant to a survey or surveys conducted subsequent to July 1, 1947, in the county, under regulations prescribed by the State Board to determine the capital outlay needs of the county.

The State Board shall have power at the time of issuance of any bonds by any Board of Public Instruction to covenant and agree with such Board as to the rank and priority of payments to be made for different issues of bonds under this Subsection (3), and may further agree that any amounts to be distributed under this subsection (3) may be pledged for the debt service on bonds issued by any Board of Public Instruction and for the rank and priority of such pledge. Any such covenants or agreements of the State Board may be enforced by any holders of such bonds in any court of competent jurisdiction.

(4) To distribute annually to the several Boards of Public Instruction of the counties for the payment of the cost of the construction, acquisition, improvement, enlargement, furnishing, or equipping of capital outlay projects for school purposes in such county as shall be requested by resolution of the County Board of Public Instruction of such county.

(5) When all major capital outlay needs of a county have been met as determined by the State Board, on the basis of a survey made pursuant to regulations of the State Board and approved by the State Board, all such funds remaining shall be distributed annually and used for such school purposes in such county as the Board of Public Instruction of the county shall determine, or as may be provided by general law.

(d) Capital outlay projects of a county shall be eligible to participate in the funds accruing under this Amendment and derived from the proceeds of bonds and motor vehicle tax anticipation certificates and from the motor vehicle license taxes, only in the order of priority of needs, as shown by a survey or surveys conducted in the county under regulations prescribed by the State Board, to determine the capital outlay needs of the county and approved by the State Board; provided, that the priority of such projects may be changed from time to time upon the request of the Board of Public Instruction of the county and with the approval of the State Board; and provided further, that this Subsection (d) shall not in any manner affect any covenant, agreement, or pledge made by the State Board in the issuance by said State Board of any bonds or motor vehicle tax anticipation certificates, or in connection with the issuance of any bonds of any Board of Public Instruction of any county.

(e) The State Board may invest any sinking fund or funds created pursuant to this Amendment in direct obligations of the United States of America or in the bonds or motor vehicle tax anticipation certificates, matured or to mature, issued by the State Board on behalf of the Board of Public Instruction of any county.

(f) The State Board shall have power to make and enforce all rules and regulations necessary to the full exercise of the powers herein granted and no legislation shall be required to render this Amendment of full force and operating effect from and after January 1, 1953. The Legislature shall not reduce the levies of said motor vehicle license taxes during the life of this Amendment to any degree which will fail to provide the full amount necessary to comply with the provisions of this Amendment and pay the necessary expenses of administering the laws relating to the licensing of motor vehicles, and shall not enact any law having the effect of withdrawing the proceeds of such motor vehicle license taxes from the operation of this Amendment and shall not enact any law impairing or materially altering the rights of the holders of any bonds or motor vehicle tax anticipation certificates issued pursuant to this Amendment or impairing or altering any covenant or agreement of the State Board, as provided in such bonds or motor vehicle tax anticipation certificates.

The State Board shall have power to appoint such persons and fix their compensation for the administration of the provisions of this Amendment as it shall deem necessary, and the expenses of the State Board in administering the provisions of this Amendment shall be prorated among the various counties and paid out of the proceeds of the bonds or motor vehicle tax anticipation certificates or from the funds distributable to each county on the same basis as such motor vehicle license taxes are distributable to the various counties under the provisions of this Amendment. Interest or profit on sinking fund investments shall accrue to the counties in proportion to their respective equities in the sinking fund or funds.

Filed in Office Secretary of State May 14, 1951.



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COMMITTEE SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 117

A Joint Resolution Proposing an Amendment to Article VIII, Section 1, of the Constitution of Florida Relating to Counties as Political Subdivisions of State.

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

That the following Amendment to Article VIII, Section 1, of the Constitution of Florida relating to counties as political subdivisions of state is hereby agreed to and shall be submitted to the electors of the state for ratification or rejection at the general election in 1952, as follows:

Section 1. Counties as Political Subdivisions of State.

The state shall be divided into political subdivisions to be called counties. The legislature shall have the power to grant to any county a charter under which it may regulate and govern itself in respect to its local and internal affairs not directly related to any state function or responsibility as established by the Legislature. Such charter shall become effective upon its ratification by a majority of the qualified electors of the county at a special election duly called for that purpose by the board of county commissioners or at any primary or general election. The Legislature may provide, by general or special law, the manner in which any county may form its own charter. Any county charter may designate the name of the county, regulate the powers, duties and jurisdiction of all county officers, and designate their classes, terms and jurisdiction, and provide the manner of their selection and compensation; provided, however, that no such charter shall impair the powers and jurisdiction of any court created by the Constitution or the judge or judges thereof, or the County Board of Public Instruction. No county charter shall affect the levy, imposition or collection of any taxes prescribed by general law for state purposes. The Legislature may authorize the adoption of charters by the several counties at a primary, general or special election, which charters may be altered or amended only by the method by which they were adopted, notwithstanding any other provision of this Constitution.

Filed in Office Secretary of State June 11, 1951.



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COMMITTEE SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 290

Proposing an Amendment to Article V of the Constitution of Florida Relating to the Judicial Department; Repealing Sections 2, 3, 4, 5, 6, 7, 8, 44, and 49 Thereof Pertaining to the Organization, Powers and Jurisdiction of the Supreme Court, the Assignment of Judges to Hear and Determine Cases, and Eligibility of Retired Justices and Circuit Judges for Call to Temporary Active Duty; and Inserting in Lieu Thereof the Following Sections Numbered 2 to 8, Inclusive, Pertaining to the Same General Subject Matter.

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

The following amendment to Article V of the Constitution of Florida relating to the Judicial Department 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, 1952, as follows:

Article V of the Constitution of Florida relating to the Judicial Department is hereby amended by striking therefrom present Sections 2, 3, 4, 5, 6, 7, and 8, and Sections 44 and 49 thereof, and substituting in lieu thereof the following Sections to be numbered 2 to 8, inclusive:

Section 2. Supreme Court; Number of Justices; Term; Compensation; Appointment and Election of Justices.

(a) On and after the first day of December, 1952, the Supreme Court shall consist of ten (10) Justices. Except as provided in subsection (b) hereof, the Justices of the Supreme Court shall hold office for the term of six years; but no term of any Justice holding office prior to the ratification of this amendment shall be affected by the provisions hereof. The Justices of the Supreme Court shall receive for their services such compensation as may be fixed by law.

(b) On or after the first day of December, 1952, the Governor shall appoint a qualified person to fill the vacancy in each of the three additional offices of Justice hereby created, for a term extending only to the first Tuesday after the first Monday in January following the next succeeding general election. A successor to each such additional Justice shall be elected by the qualified electors of the State at the times and places of voting for members of the Legislature at the next succeeding general election following such appointment; one of whom shall be elected for a term of two years, one for a term of four years, and one for a term of six years. Thereafter, the successor to each such additional Justice shall be elected for a term of six years.

(c) Except as provided in subsection (b) hereof, each Justice of the Supreme Court shall be elected for a six-year term by the qualified electors of the State at the times and places of voting for members of the Legislature, at the general election next preceding the expiration of each term of such office; provided, that in the event of a vacancy in the office of any Justice and there be an unexpired term, the successor shall be elected only for the balance of the unexpired term.

Section 3. Judges; Qualifications. No person shall ever be appointed or elected as a Justice of the Supreme Court, or Judge of a Circuit Court or Criminal Court, who is not at least twenty-five years of age, a citizen and resident of Florida, and an attorney at law duly licensed to practice in Florida.

Section 4. Supreme Court; Quorum; Division; Chief Justice, Selection, Powers and Duties.

(a) A majority of the Justices of the Supreme Court shall constitute a quorum for the dispatch of business, except as hereinafter provided in this section.

(b) All cases involving capital punishment, or 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, shall be considered and determined by the Chief Justice and not less than six other Justices of the Court designated by him; and a judgment concurred in by a majority of the Justices considering the case shall be the judgment of the Court.

(c) All other cases may be considered and determined by a division of the Court consisting of not less than three Justices and the judgment of a majority of any such division shall be the judgment of the Court.

(d) The Chief Justice shall from time to time be selected by the Justices of the Supreme Court to serve for such term of office as they shall determine. He shall be the Chief Administrative officer of all Courts of the State, and it shall be his duty to see that litigation in the Courts of the State is dispatched promptly. He shall have the exclusive power to direct a Judge of any Court to serve temporarily as judge in a coordinate or inferior court; and it shall be the duty of every judge to obey such direction unless excused by the Chief Justice for sufficient cause.

Section 5. Jurisdiction of Supreme Court. The Supreme Court shall have appellate jurisdiction in all cases at law and in equity originating in Circuit Courts, and of appeals from the Circuit Courts in cases arising before Judges of the County Courts in matters pertaining to their probate jurisdiction and in the management of the estates of infants, and in cases of conviction of felony in the criminal courts, and in all criminal cases originating in the Circuit Courts. The Court shall have the 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 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.

The Supreme Court shall have the power to make rules governing the administration of all courts in the State, and the practice and procedure in all such courts. The Supreme Court shall have jurisdiction over the admission to the practice of law and the discipline of persons admitted.

Section 6. Eligibility of Circuit Judges to Serve Temporarily as Associate Justices of Supreme Court. Circuit Judges may be called by the Chief Justice for temporary duty on the Supreme Court to act in the place and stead of any absent, disqualified or disabled justice, or to help relieve congestion of the Court docket; provided that a division of the Court shall not include more than one such Judge.

Section 7. Eligibility of Retired Justices and Circuit Judges to Serve Temporarily as Substitute Justices and Judges.

(a) Justices of the Supreme Court and Judges of the Circuit Courts who have retired with compensation may be called by the Chief Justice for temporary duty on the Supreme Court to act in the place and stead of any absent, disqualified or disabled Justice, or to help relieve congestion of the Court docket; provided that a division of the Court shall not include more than one such Justice or Judge. While on temporary duty with the Supreme Court such Justice or Judge shall have the same powers and jurisdiction, with respect to matters referred to him for consideration as an active Justice of the Supreme Court.

(b) Justices of the Supreme Court and Judges of the Circuit Courts who have retired with compensation may be called by the Chief Justice for temporary duty in a Circuit Court, to act in the place and stead of any absent, disqualified or disabled judge or to help relieve congestion of the Court docket. While on temporary duty pursuant to such call such retired Justice or Circuit Judge shall have the same powers and jurisdiction as an active Judge of the Court to which he has been assigned.

(c) No retired Justice or Circuit Judge shall be required to serve without his consent.

Section 8. Clerk; Marshal; Librarian. The Supreme Court shall appoint a Clerk, who shall be the reporter for the Court and perform such other duties as the Court may direct. The Supreme Court shall appoint a Marshal, who shall have the power, and be obligated, to execute all orders of the Court, including orders of arrest. He shall perform such other duties as the Court may direct. The Supreme Court may appoint a Librarian whose duties shall be defined by the Court. The salaries of such officers shall be fixed by law and such officers shall hold office during the pleasure of the Court.

Approved by the Governor June 7, 1951.

Filed in Office Secretary of State June 7, 1951.



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SENATE JOINT RESOLUTION NO. 993

A Joint Resolution Proposing an Amendment to Article VIII of the Constitution of Florida Relating to Counties and Cities by Adding Thereto a Section Relating to the Fees and Compensation of County Officers of Escambia County.

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

That the following amendment to Article VIII of the Constitution of Florida, by adding a section to be designated by an appropriate section number of Article VIII, 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 1952, as follows:

Section __. All fees, revenues or other charges collected by the several county officers of Escambia County shall be paid into the general county fund of Escambia County subject to disbursement as provided by law. The legislature shall provide by local or special legislation for the salaries, expenses and compensation to be paid the several county officers of Escambia County. Any legislation which shall have heretofore been enacted in contemplation of the ratification of this amendment is hereby confirmed and shall have the same force and effect as if the said legislation were enacted subsequent to the ratification of this amendment.

Filed in Office Secretary of State June 11, 1951.



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SENATE JOINT RESOLUTION NO. 1115

A Joint Resolution Proposing an Amendment to Article V of the Constitution of the State of Florida by Adding Thereto an Additional Section to Abolish the Court of Record in and for Escambia County, Florida, and Vest All Its Jurisdiction in the Circuit Court of Escambia County; Provide for an Additional Judge of the Circuit Court of Escambia County, Florida, and for Prosecuting Attorneys in Said Court and County, and for Their Appointment, Compensation and Authority; to Provide for Not Less Than Six (6) Terms of the Circuit Court of Escambia County in Each Year; and to Provide for the Appointment by the Circuit Court of Escambia County of Commissioners of Said Court and for Their Duties, Authority and Compensation.

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

That the following amendment to Article V of the Constitution of the State of Florida, to be added as an additional section to be designated by an appropriate section number to Article V aforesaid by the Secretary of State, 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, 1952, to-wit:

Section 50. (a) The Court of Record in and for Escambia County shall, from and after the taking effect of this amendment, be abolished and upon such abolition of said Court the Circuit Court of Escambia County, Florida, and the Judges thereof, in addition to their present jurisdiction, shall have in Escambia County jurisdiction of all criminal cases which shall arise in said County;

(b) There shall be another Judge of the Circuit Court of Escambia County in addition to the Circuit Judges of the Circuit Court in which said county is situated. The Judge of the Court of Record in and for Escambia County holding office at the time of the taking effect of this amendment shall become such additional Circuit Judge and shall hold office until the time at which his term as Judge of the Court of Record in and for Escambia County expires. Thereafter such additional Judge of the Circuit Court of Escambia County shall be selected in the same manner as other Circuit Judges are selected, except that, if selected by election, he shall be selected by the qualified electors of Escambia County. He shall reside in Escambia County and he shall, within such county, have all the powers and perform all the duties that are or may be provided or prescribed by the Constitution or by statute, and all statutes concerning Circuit Judges shall apply to him. He shall hold office for six (6) years and shall receive the same salary and allowances for expenses as other Circuit Judges, in Escambia County, but the same shall be paid by the County of Escambia out of the general revenues of said county, unless and until the legislature provides otherwise by law. There shall be an additional official Court Reporter of the Circuit Court of Escambia County and the official Court Reporter of the Court of Record in and for Escambia County holding such position at the time of the taking effect of this amendment shall become such additional official Court Reporter of said Circuit Court and until and unless otherwise provided by law all statutes concerning the official Circuit Court Reporter shall apply to him.

(c) After the First Tuesday after the First Monday in January, 1953, and until otherwise provided by law applicable only to Escambia County, the Solicitor of the Court of Record in and for Escambia County shall act as prosecuting attorney of the Circuit Court in and for Escambia County, Florida, for all criminal cases, including capital cases, and he shall be the State Attorney of Escambia County and there shall be no other prosecuting officer for said Circuit Court in Escambia County, and thereafter said State Attorney shall hold office until the time at which his term as Solicitor of the Court of Record in and for Escambia County expires. Thereafter such State Attorney shall be selected in the same manner and for the same term as the Solicitor of the Court of Record in and for Escambia County is now selected except that if selected by election he shall be selected by the qualified electors of Escambia County. He shall reside in Escambia County and he shall within such County have all the powers and perform all the duties that are or may hereafter be provided or prescribed by the Constitution or by statute, and until otherwise provided by law he shall be paid by the County of Escambia in the same manner and at the same rate of compensation as the Solicitor of the Court of Record in and for Escambia County is now paid and until otherwise provided by law he shall be allowed the same assistants and their compensation and the expenses of his office shall be as now or hereafter provided for by law. The State Attorney of the First Judicial Circuit shall have no jurisdiction in Escambia County, and shall not reside therein; he shall be selected in the same manner as State Attorneys of other Circuits are selected, by the qualified electors of the counties wherein he exercises jurisdiction, and shall be a resident thereof.

(d) There shall be not less than six (6) terms of the Circuit Court of Escambia County in each year, to be held at such times as may be prescribed by the legislature.

(e) In the exercise of its jurisdiction to try misdemeanors, the Circuit Court of Escambia County shall have the power to appoint one or more of the several Justices of the Peace of said County for their respective districts as Commissioner or Commissioners who shall have authority to try for the said Circuit Court and without a jury, upon waiver of jury trial as now provided by law, any person charged with a misdemeanor. All defendants so tried, or the State, shall have the right to a trial de novo by said Court or the Judge thereof upon written application filed in the office of the Clerk of said Court. The appointment of a Justice of the Peace as a Commissioner as aforesaid shall be made for such term and upon such conditions as said Circuit Court of Escambia County shall see fit to prescribe and any appointment so made may be summarily revoked by said Circuit Court for any cause whatever. If in the future the offices of Justices of the Peace in Escambia County shall be abolished then, in such event, the Circuit Court of Escambia County shall have the power to appoint not to exceed three (3) Commissioners from among the members of the Bar of Escambia County. After the appointment and qualification of a Commissioner or Commissioners of said Circuit Court, all warrants for the arrest of persons charged with a misdemeanor shall be made returnable before a Commissioner of said Court and, unless a preliminary hearing before a committing magistrate be requested by a person arrested pursuant to any such warrant, the trial shall be had before the Commissioner as soon after the arrest as may be expedient. The Circuit Court of Escambia County shall have the right to prescribe, by court rule, the procedure before such Commissioner and where a Commissioner may sit and the manner in which each of such Commissioners shall transmit his records and judgments to the Clerk of said Court. The compensation and allowances of such Commissioners shall be fixed by the legislature and shall be paid by Escambia County. The terms of office of such Commissioners shall be fixed by the legislature.

(f) Upon the taking effect of this amendment the records of the Court of Record of Escambia County shall be delivered by the then Clerk of said Court to the Clerk of the Circuit Court of Escambia County who shall become the official custodian of the said records.

(g) This Amendment shall take effect at ten o'clock A. M. on the day following the date of the adjournment sine die of the regular session of the Legislature of 1953, and upon its taking effect, jurisdiction of all matters and causes then pending in said Court of Record shall vest in the Circuit Court of Escambia County, with powers to dispose of the same.

Filed in Office Secretary of State June 11, 1951.



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HOUSE JOINT RESOLUTION NO. 80

A Joint Resolution Proposing an Amendment to Article VII of the state Constitution, by Adding Thereto an Additional Section Creating a Senatorial District for Monroe County.

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

That the following amendment to Article VII of the State Constitution by adding thereto Section 6 creating a senatorial district for Monroe county is hereby agreed to and [shall be] submitted to the electors of the State for ratification or rejection at the general election in 1952, as follows:

Section 6. There is hereby created a senatorial district for Monroe county to be known as the thirty-ninth (39th) senatorial district. Nothing herein shall disturb the thirty-eight (38) existing senatorial districts, except that Monroe county shall no longer be a part of said existing districts. A special election shall be called and held in said thirty-ninth (39th) senatorial district within 75 days after the general election in 1952 to elect a senator from said district. The senator elected from the thirty-ninth (39th) district shall hold office from his election for a term ending on the first Tuesday after the first Monday in November, 1956; and thereafter senators elected from said district shall hold office for terms of four years.

Approved by the Governor June 7, 1951.

Filed in Office Secretary of State June 7, 1951.



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HOUSE JOINT RESOLUTION NO. 341

A Joint Resolution Proposing an Amendment to Article VII of the State Constitution, by Adding Thereto an Additional Section Creating a Senatorial District for Bay and Washington Counties.

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

That the following amendment to Article VII of the State Constitution by adding thereto Section 6 creating a Senatorial District for Bay and Washington Counties is hereby agreed to and [shall be] submitted to the electors of the State for ratification or rejection at the general election in 1952, as follows:

Section 6. There is hereby created a senatorial district for Bay and Washington Counties to be known as the fortieth (40th) senatorial district. Nothing herein shall disturb the thirty-eight (38) existing senatorial districts, except that Bay and Washington Counties shall no longer be a part of said existing districts. A special election shall be called and held in said fortieth (40th) senatorial district within 75 days after the general election in 1952 to elect a senator from said district. The senator elected from the fortieth (40th) district shall hold office from his election for a term ending on the first Tuesday after the first Monday in November, 1956; and thereafter senators elected from said district shall hold office for terms of four years.

Approved by the Governor June 8, 1951.

Filed in Office Secretary of State June 9, 1951.



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HOUSE JOINT RESOLUTION NO. 453

A Joint Resolution Proposing an Amendment to Article V of the Constitution of the State of Florida by Adding Thereto an Additional Section to Be Numbered by the Secretary of State, Providing for an Additional Circuit Judge for the Second Judicial Circuit Embracing the State Capital to Assist in the Disposition of a Large Volume of Litigation Involving the State, or Officer Thereof, His Powers and Duties, and Further Providing for the Appointment by the Governor and Confirmation by the Senate of the First Such Circuit Judge, and His Election Thereafter.

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

That the following amendment to Article V of the Constitution of the State of Florida, by adding thereto an additional section to be numbered by the Secretary of State, is agreed to and shall be submitted to the electors of the State of Florida for approval or rejection at the next General Election to be held in November of the year 1952, as follows:

Section __. There shall always be an additional Circuit Judge for the Second Judicial Circuit, embracing the State Capital, in addition to the other judges authorized by this Constitution, to assist in the disposition of a large volume of litigation involving the state, or officer thereof, who shall be appointed by the governor and confirmed by the Senate to serve until the first Tuesday after the first Monday in January 1955. His successor shall be elected in the manner provided by law. Such Circuit Judge shall have the same power, jurisdiction and salary as the other judges of said Circuit.

Approved by the Governor June 8, 1951.

Filed in Office Secretary of State June 9, 1951.



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HOUSE JOINT RESOLUTION NO. 989

A Joint Resolution Proposing an Amendment to Article VIII of the Constitution of the State of Florida Relative to Assessment of Property for Taxes by Adding Thereto an Additional Section to Provide That in the County of Monroe, 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, Port Districts, Drainage Districts, and Any Other Taxing Districts and Municipalities of the County Which by Ordinance Request Their Taxes To Be so Assessed and Levied.

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 relative to the assessment of all taxes in the county of Monroe, State of Florida, by adding thereto an additional section to be numbered by the secretary of state, 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, 1952, as follows:

Section __. From and after January 1, 1954, the county tax assessor in the county of Monroe, 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 district, special tax school districts, port districts, drainage districts, and any other taxing districts and municipalities which by ordinance request their taxes to be so assessed.

The legislature shall at the legislative session in 1953 and from time to time thereafter, enact laws specifying the powers, functions, duties and compensation of the county tax assessor, designated in the first paragraph of this section, 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, port districts, drainage districts, and any other taxing districts and municipalities whose taxes may be assessed by the county tax assessor pursuant to the first paragraph of this section.

Filed in Office Secretary of State May 29, 1951.

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