Florida Constitutional Amendments of 1956

Amendments, Election of 11-6-56:

1955 SJR 7 (Article VII, Sections 2, 3, 4) {Defeated}

1955 SJR 119 (Article III, Section 2) {Adopted}

1955 SJR 638 (Article XII, Section 10A*) {Adopted}

1955 SJR 642 (Article XVI, Section 34) {Adopted}

1955 CS/SJR 703 (Article XII, Section 2A*) {Adopted}

1955 CS/SJR 777 (Article V, Section 9A*) {Adopted}

1955 SJR 1046 (Article VIII, Section 11) {Adopted}

1955 SJR 1052 (Article V, Section 10*) {Repealed by 1956 HJR 58-XX}

1955 SJR 1201 (Article V, Section 9B*) {Adopted}

1955 HJR 155 (Article VIII, Section 23*) {Adopted}

1955 CS/HJR 810 (Article V Revision) {Adopted}

1955 SCR 555 (Creating Constitution Advisory Commission)

1956 SJR 34-XX (Article XVI, Section 4A) {Adopted}

1956 HJR 58-XX (Article V, Section 10) {Repealed 1955 SJR 1052}

1956 HJR 83-XX (Article V, Section 10) {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."

Related Material:

"Florida's Proposed Constitutional Amendments 1956," by J. E. Dovell, David G. Temple, and Manning J. Dauer

Civic Information Series No. 24, Public Administration Clearing Service,

University of Florida. 1956.

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SENATE JOINT RESOLUTION NO. 7

A JOINT RESOLUTION proposing to amend Article VII of the Constitution of the State of Florida relating to apportionment of the Senate and House of Representatives.

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

That the following amendment of Article VII of the constitution of the state of Florida relating to reapportionment in the state senate and house of representatives be and the same is hereby 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 1956, that is to say that Section 2, 3, and 4, of Article VII of the constitution of the state of Florida be amended to read:

Section 2. Terms of Senate and House Apportionment of Senate. The legislature shall consist of the senate and the house of representatives. House members shall serve for a term as provided in Article III Section 3 hereof; and members of the Senate shall serve for a term of four (4) years. The election for members of the house of representatives and senate shall be at the same time and place. The senate shall consist of one senator from each county of the state of Florida. The senate shall be divided into two (2) groups by the legislature, the larger group thirty-four (34) senators to be elected for four (4) years, and the smaller group fourteen (14) senators, to be elected for two (2) years at the next general election. Thereafter all senators shall be elected for four (4) year terms.

Section 3. Apportionment of House of Representatives. The house of representatives shall consist of one hundred thirty-five (135) members and shall be apportioned by proclamation of the governor based upon the latest official census of the entire state on or before January first next following the official census and each county shall be allowed at least one (1) representative and the remaining representatives shall be apportioned among those counties which have a population in excess of eight thousand (8,000) in each county. The population in excess of eight thousand (8,000) in each county shall be divided by the number of representatives in excess of one (1) for each county and the quotient shall constitute the unit to be used as a basis for apportioning the representatives in excess of one (1) for each county. For each such unit or major portion thereof, in each county, computed on the population in excess of eight thousand (8,000) in each county, the county shall be allowed one (1) additional representative, except that if within the limits set forth herein, any county or counties cannot be allowed a representative for a major portion of such unit, or if there should remain any representatives to be apportioned, then a representative shall be allowed to each of the counties having the greatest portion of such unit until all of said number of representatives shall be apportioned.

Section 4. Effective Date. This amendment shall become effective immediately upon ratification by a majority of the qualified electors of the state. The governor shall apportion the house immediately after ratification based upon the latest official census and call a special election so that new vacancies of the house and senate may be filled prior to the next session of the legislature. Those elected will serve until the next general election.

Filed in Office Secretary of State June 23, 1955.

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SENATE JOINT RESOLUTION NO. 119

A JOINT RESOLUTION proposing an amendment of Section 2, Article III of the Constitution, relating to regular and extra sessions of the Legislature, by adding to said Section a provision for the convening of the Legislature into extra session by the members thereof.

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

That the following amendment to Article III, Section 2 of the constitution of Florida is hereby agreed to and shall be submitted to the electors of the state of Florida for ratification or rejection at the next general election to be held in the year 1956, as follows:

Section 2. Regular and Extra Sessions. The regular sessions of the legislature shall be held biennially, commencing on the first Tuesday after the first Monday in April, 1887, and on the corresponding day of every second year thereafter, but the governor may convene the same in extra session by his proclamation. Regular sessions of the legislature may extend to sixty (60) days, but no special session convened by the governor shall exceed twenty (20) days. The regular sixty (60) day biennial session of the legislature may, by a three-fifths vote of the membership of both houses, be extended not exceeding a total of thirty (30) days which need not be consecutive. Recesses in such extended session shall be taken only by joint action of both houses. No extended session may last beyond September 1st following the regular biennial session. During such extended session, no additional proposed legislation shall be introduced unless consent is first obtained by a two-thirds (2/3) vote of the members of the House into which it is sought to be introduced.

Provided, that the legislature may also be convened in extra session in the following manner: When twenty per cent (20%) of the members of the legislature shall execute in writing and file with the secretary of state their certificates that conditions warrant the convening of the legislature into extra session, the secretary of state shall, within seven (7) days after receiving the requisite number of such certificates, poll the members of the legislature, and upon the affirmative vote of three-fifths (3/5) of the members of both houses, shall forthwith fix the day and hour for convening of such extra session. Notice thereof shall be given each member by registered mail within seven (7) days after receiving the requisite number of said certificates. The time for convening of said session shall be not less than fourteen (14) days nor more than twenty-one (21) days from the date of mailing said notices. In pursuance of said certificates, affirmative vote of the membership and notice, the legislature shall convene in extra session for all purposes as if convened in regular session; provided, however, that any such extra session shall be limited to a period of thirty (30) days. Should the secretary of state fail to receive the requisite number of said certificates requesting the convening of an extra session of the legislature within a period of sixty (60) days after receipt of the first of said certificates, all certificates previously filed shall be rendered null and void and no extra session shall be called and said certificates shall not be used at any future time for the convening of the legislature.

Filed in Office Secretary of State May 17, 1955.

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SENATE JOINT RESOLUTION NO. 638

A JOINT RESOLUTION proposing an amendment to Article XII of the State Constitution by the addition thereto of a new Section to be numbered by the Secretary of State, authorizing abolition of office of County Special Tax School District Trustees and transfer of their duties; subject to referendum; providing method of reinstatement of County Special Tax School District Trustees.

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

That Article XII of the state constitution be amended by the addition of a new section to be numbered by the secretary of state, as follows, is hereby agreed to and shall be submitted to the electors of the state for ratification or rejection at the general election in November of 1956:

Section __. (1) From and after January 1, 1957, the office of county special tax school district trustees shall be abolished and all duties of district trustees shall be vested in the county board of public instruction, including levying taxes provided by Article XII of the constitution, in all counties wherein the proposition is affirmed by a majority vote of the qualified electors of any such county.

(2) To submit the proposition contained in subsection (1) above to the electors a special election shall be called by the county commissioners of any county upon the request of the county board of public instruction therein, which election may be held at the same time as the next general election and the result thereof shall determine whether subsection (1) shall be effective in such county.

(3) Any county adopting the provisions of subsection (1) hereof may after four (4) years return to its former status and reject the provisions of this section by the same procedure outlined in subsection (2) hereof for adopting the provisions thereof in the beginning.

Filed in Office Secretary of State June 23, 1955.

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SENATE JOINT RESOLUTION NO. 642

A JOINT RESOLUTION proposing an amendment to Article XVI of the Constitution of Florida by adding thereto an additional Section authorizing the Legislature to establish Civil Service Systems and Boards for Municipal, County and State officers not elected by the people or appointed by the Governor.

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

That the following amendment to Article XVI of the Constitution of Florida by adding thereto an additional Section to be known as Section 34 of said Article XVI, authorizing the Legislature to establish Civil Service Systems and Civil Service Boards for municipal, county and state employees and officers not elected by the people or appointed by the Governor be submitted to the electors of the State of Florida for ratification or rejection at the next general election to be held in 1956, as follows:

Section 34. Civil Service Systems and Boards. The Legislature may by general, special or local laws create Civil Service Systems and Civil Service Boards for municipal, county and state employees and for municipal, county and state officers not appointed by the governor or elected by the people and the Legislature may authorize such Civil Service Boards to provide for the qualifications and method of employing such employees and officers and to prescribe the length of their terms of office or employment.

Filed in Office Secretary of State June 23, 1955.

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COMMITTEE SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 703

A JOINT RESOLUTION proposing an amendment to Article XII of the State Constitution by the addition thereto of a new Section to be numbered by the Secretary of State, authorizing appointment of the County Superintendent in Duval, Sarasota, Dade and Pinellas Counties; subject to referendum or special Act of the Legislature; providing method of reinstatement of County Superintendent.

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

Section __. (1) From and after January 1, 1957, the county superintendent of public instruction shall be appointed by the County board of public instruction in the counties of Duval, Sarasota, Dade and Pinellas wherein the proposition is affirmed by a majority vote of the qualified electors of any such county, or by a special act of the legislature making the office of County Superintendent of public instruction appointive.

(2) To submit the proposition contained in subsection (1) above to the electors a special election shall be called by the county commissioners of such county upon the request of the county board of public instruction therein, which election shall be held within sixty (60) days after request and the result thereof shall determine whether subsection (1) shall be effective in such county.

Filed in Office Secretary of State June 23, 1955.

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COMMITTEE SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 777

A JOINT RESOLUTION proposing an amendment to Article V of the Constitution of the State of Florida by adding thereto an additional Section to provide for two Judges of the Criminal Court of Record in Duval County, Florida.

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 be added as an additional section to be appropriately 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, 1956:

Section __. From and after the adoption of this Amendment, there shall be a Judge of the Criminal Court of Record of Duval County, Florida, in addition to the Judge of said Criminal Court of Record already provided in said County. Said Judge shall be elected at the General Election next succeeding the coming into effect of this Amendment, except as otherwise provided herein, and shall hold office for four years and receive the same salary and allowances for expenses as is provided by law for the Judge of a Criminal Court of Record of Duval County. He shall have all powers and perform all duties and possess all qualifications that are or may be provided or prescribed by the Constitution or by statute for the Judge of the Criminal Court of Record of Duval County, and all statutes concerning said Judge shall apply to him. Provided, however, that if there be a Judge of a Provisional Criminal Court in Duval County upon the adoption of this Amendment, such Judge shall become such additional Judge, and shall be commissioned by the Governor to hold office as a Judge of the Criminal Court of Record of Duval County, until his successor is duly elected and qualified.

Filed in Office Secretary of State June 23, 1955.

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SENATE JOINT RESOLUTION NO. 1046

A JOINT RESOLUTION proposing an amendment to Article VIII of the Constitution providing for Home Rule in Dade County by amending Section 11 thereof.

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

That the following amendment to Article VIII, Section 11, of the Constitution of Florida is hereby agreed to and shall be submitted to the electors of the State of Florida for ratification or rejection at the next general election to be held in November, 1956.

Article VIII, Section 11, is hereby amended to read as follows:

Section 11. (a) The electors of Dade County, Florida, are granted power to adopt, revise and amend from time to time a home rule charter of government for Dade County, Florida, under which the Board of County Commissioners of Dade County shall be the governing body. This charter:

(i) Shall fix the boundaries of each county commission district, provide a method for changing them from time to time, and fix the number, terms and compensation of the commissioners, and their method of election.

(ii) May grant full power and authority to the Board of County Commissioners of Dade County to pass ordinances relating to the affairs, property and government of Dade County and provide suitable penalties for the violation thereof; to levy and collect such taxes as may be authorized by general law and no other taxes, and to do everything necessary to carry on a central metropolitan government in Dade County.

(iii) May change the boundaries of, merge, consolidate and abolish and may provide a method for changing the boundaries of, merging, consolidating and abolishing from time to time all municipal corporations, county or district governments, special taxing districts, authorities, boards, or other governmental units whose jurisdiction lies wholly within Dade County, whether such governmental units are created by the Constitution or the Legislature or otherwise, except the Dade County Board of County Commissioners as it may be provided for from time to time by this home rule charter and the Board of Public Instruction of Dade County.

(iv) May provide a method by which any and all of the functions or powers of any municipal corporation or other governmental unit in Dade County may be transferred to the Board of County Commissioners of Dade County.

(v) May provide a method for establishing new municipal corporations, special taxing districts and other governmental units in Dade County from time to time and provide for their government and prescribe their jurisdiction and powers.

(vi) May abolish and may provide a method for abolishing from time to time all offices provided for by Article VIII, Section 6, of the Constitution or by the Legislature except the Superintendent of Public Instruction and may provide for the consolidation and transfer of the functions of such offices, provided, however, that there shall be no power to abolish or impair the jurisdiction of the Circuit Court or to abolish any other court provided for by this Constitution or by general law, or the judges or clerks thereof although such charter may create new courts and judges and clerks thereof with jurisdiction to try all offenses against ordinances passed by the Board of County Commissioners of Dade County and none of the other courts provided for by this Constitution or by general law shall have original jurisdiction to try such offenses, although the charter may confer appellate jurisdiction on such courts, and provided further that if said home rule charter shall abolish any county office or offices as authorized herein, that said charter shall contain adequate provision for the carrying on of all functions of said office or offices as are now or may hereafter be prescribed by general law.

(vii) Shall provide a method by which each municipal corporation in Dade County shall have the power to make, amend or repeal its own charter. Upon adoption of this home rule charter by the electors this method shall be exclusive and the Legislature shall have no power to amend or repeal the charter of any municipal corporation in Dade County.

(viii) May change the name of Dade County.

(ix) Shall provide a method for the recall of any commissioner and a method for initiative and referendum, including the initiation of and referendum on ordinances and the amendment or revision of the home rule charter, provided, however, that the power of the Governor and Senate relating to the suspension and removal of officers provided for in this Constitution shall not be impaired, but shall extend to all officers provided for in said home rule charter.

(b) Provision shall be made for the protection of the creditors of any governmental unit which is merged, consolidated or abolished or whose boundaries are changed or functions or powers transferred.

(c) This home rule charter shall be prepared by a Metropolitan Charter Board created by the Legislature and shall be presented to the electors of Dade County for ratification or rejection in the manner provided by the Legislature. Until a home rule charter is adopted the Legislature may from time to time create additional Charter Boards to prepare charters to be presented to the electors of Dade County for ratification or rejection in the manner provided by the Legislature. Such Charter, once adopted by the electors, may be amended only by the electors of Dade County and this charter shall provide a method for submitting future charter revisions and amendments to the electors of Dade County.

(d) The County Commission shall continue to receive its pro rata share of all revenues payable by the state from whatever source to the several counties and the state of Florida shall pay to the Commission all revenues which would have been paid to any municipality in Dade County which may be abolished by or in the method provided by this home rule charter; provided, however, the Commission shall reimburse the comptroller of Florida for the expense incurred if any, in the keeping of separate records to determine the amounts of money which would have been payable to any such municipality.

(e) Nothing in this section shall limit or restrict the power of the Legislature to enact general laws which shall relate to Dade County and any other one or more counties in the State of Florida or to any municipality in Dade County and any other one or more municipalities of the State of Florida, and the home rule charter provided for herein shall not conflict with any provision of this Constitution nor of any applicable general laws now applying to Dade County and any other one or more counties of the State of Florida except as expressly authorized in this section nor shall any ordinance enacted in pursuance to said home rule charter conflict with this Constitution or any such applicable general law except as expressly authorized herein, nor shall the charter of any municipality in Dade County conflict with this Constitution or any such applicable general law except as expressly authorized herein, provided however that said charter and said ordinances enacted in pursuance thereof may conflict with, modify or nullify any existing local, special or general law applicable only to Dade County.

(f) Nothing in this section shall be construed to limit or restrict the power of the Legislature to enact general laws which shall relate to Dade County and any other one or more counties of the State of Florida or to any municipality in Dade County and any other one or more municipalities of the State of Florida relating to county or municipal affairs and all such general laws shall apply to Dade County and to all municipalities therein to the same extent as if this section had not been adopted and such general laws shall supersede any part or portion of the home rule charter provided for herein in conflict therewith and shall supersede any provision of any ordinance enacted pursuant to said charter and in conflict therewith, and shall supersede any provision of any charter of any municipality in Dade County in conflict therewith.

(g) Nothing in this section shall be construed to limit or restrict the power and jurisdiction of the Railroad and Public Utilities Commission or of any other state agency, bureau or commission now or hereafter provided for in this Constitution or by general law and said state agencies, bureaus and commissions shall have the same powers in Dade County as shall be conferred upon them in regard to other counties.

(h) If any section, subsection, sentence, clause or provisions of this section is held invalid as violative of the provisions of Section 1 of Article XVII of this Constitution the remainder of this section shall not be affected by such invalidity.

(i) It is declared to be the intent of the Legislature and of the electors of the State of Florida to provide by this section home rule for the people of Dade County in local affairs and this section shall be liberally construed to carry out such purpose, and it is further declared to be the intent of the Legislature and of the electors of the State of Florida that the provisions of this Constitution and general laws which shall relate to Dade County and any other one or more counties of the State of Florida or to any municipality in Dade County and any other one or more municipalities of the State of Florida enacted pursuant thereto by the Legislature shall be the supreme law in Dade County, Florida, except as expressly provided herein and this section shall be strictly construed to maintain such supremacy of this Constitution and of the Legislature in the enactment of general laws pursuant to this Constitution.

Filed in Office Secretary of State June 23, 1955.

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SENATE JOINT RESOLUTION NO. 1052

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 additional Judges 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, 1956, to-wit:

Section __. (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 additional Judges of the Circuit Court of Escambia County in addition to the Circuit Judges of the Circuit Court in which said county is situated. The Judges 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 Judges and shall hold office until the time at which their terms as Judges of the Court of Record in and for Escambia County expires. Thereafter such additional Judges 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, they shall be selected by the qualified electors of Escambia County. They shall reside in Escambia County and they shall, within such county, have all the powers and perform all the duties and serve in such divisions that are or may be provided or prescribed by the Constitution or by statute, and all statutes concerning Circuit Judges shall apply to them. They 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 1957, 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 a 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 Commissioner shall be fixed by the legislature and shall be paid by Escambia County. The terms of office of such Commissioner 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 1957, 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 23, 1955.

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SENATE JOINT RESOLUTION NO. 1201

A JOINT RESOLUTION to provide for an amendment to Article V of the Constitution of the State of Florida by adding an additional Section thereto, to be given a number by the Secretary of State of the State of Florida, abolishing the Office of County Solicitor in Dade County, Florida, and transferring the duties thereof to the State Attorney of the Eleventh Judicial Circuit of Florida, and other matters relating thereto.

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

An amendment to Article V of the Constitution of the State of Florida by adding an additional section thereto, to be given a number by the Secretary of State of the State of Florida, is hereby agreed to, and shall be submitted to the electors of the State of Florida for ratification, or rejection, at the next general election to be held on the first Tuesday after the first Monday in November, 1956, as follows:

Section __. On and after the first Tuesday after the first Monday in January, 1957, 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, the position of Assistant County Solicitor, the positions of process server and investigator in Dade County, shall stand abolished and terminated; and thereafter the State Attorney and his Assistant State Attorneys, under his direction, shall perform all the duties and functions of office heretofore performed by the County Solicitor. Pending informations 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, and all Assistant State Attorneys 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.

Upon this amendment being adopted all funds appropriated by law approved by the Budget Commission and budgeted by the Board of County Commissioners of Dade County for the use of office of County Solicitor of Dade County, Florida, and for the purpose of employing Assistant County Solicitors and other office personnel shall thereafter be used for the operation of the State Attorney's Office of the Eleventh Judicial Circuit in and for Dade County, and the employing of Assistant State Attorneys and other personnel for the operation of that office, and the said State Attorney is hereby authorized to employ such personnel, including Assistant State Attorneys, process servers and investigator, in the same number and to be paid the same salary as the number of Assistant County Solicitors, process servers and investigator employed by the County Solicitor of Dade County, Florida.

Filed in Office Secretary of State June 23, 1955.

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HOUSE JOINT RESOLUTION NO. 155

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 this state for ratification or rejection at the next general election to be held in 1956, as follows:

Section __. On and after the first day of October, 1957, 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 23, 1955.

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COMMITTEE SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 810

A JOINT RESOLUTION proposing the revision of Article V of the Constitution of the State of Florida relating to the Judicial Department of the Government.

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

That the following proposed revision of Article V of the Constitution of the State of Florida is hereby agreed to and shall be submitted to the electors of this state for ratification or rejection at the next general election to be held in November 1956, that is to say:

ARTICLE V

JUDICIAL DEPARTMENT

Section 1. Courts. The judicial power of the State of Florida is vested in a supreme court, district courts of appeal, circuit courts, Court of Record of Escambia County, criminal courts of record, county courts, county judges' courts, juvenile courts, courts of justices of the peace, and such other courts, including municipal courts, or commissions, as the legislature may from time to time ordain and establish.

Section 2. Administration. The chief justice of the supreme court is vested with, and shall exercise in accordance with rules of that court, authority temporarily to assign justices of the supreme court to district courts of appeal and circuit courts, judges of district courts of appeal and circuit judges to the supreme court, district courts of appeal, and circuit courts, and judges of other courts, except municipal courts, to judicial service in any court of the same or lesser jurisdiction. Any retired justice or judge may, with his consent, be likewise assigned to judicial service.

Section 3. Practice and Procedure. The practice and procedure in all courts shall be governed by rules adopted by the supreme court.

Section 4. Supreme Court.

(a) Organization. The supreme court shall consist of seven members, one of whom shall be the chief justice. Five justices shall constitute a quorum, but the concurrence of four shall be necessary to a decision.

(b) Jurisdiction. Appeals from trial courts may be taken directly to the supreme court, as a matter of right, but only from judgments imposing the death penalty, from final judgments or decrees directly passing upon the validity of a state statute or a federal statute or treaty, or construing a controlling provision of the Florida or federal constitution, and from final judgments or decrees in proceedings for the validation of bonds and certificates of indebtedness. The supreme court may directly review by certiorari interlocutory orders or decrees passing upon chancery matters which upon a final decree would be directly appealable to the supreme court. In all direct appeals and interlocutory reviews by certiorari, the supreme court shall have such jurisdiction as may be necessary to complete determination of the cause on review.

Appeals from district courts of appeal may be taken to the supreme court, as a matter of right, only from decisions initially passing upon the validity of a state statute or a federal statute or treaty, or initially construing a controlling provision of the Florida or federal constitution. The supreme court may review by certiorari any decision of a district court of appeal that affects a class of constitutional or state officers, or that passes upon a question certified by the district court of appeal to be of great public interest, or that is in direct conflict with a decision of another district court of appeal or of the supreme court on the same point of law, and may issue writs of certiorari to commissions established by law.

The supreme court may issue writs of mandamus and quo warranto when a state officer, board, commission, or other agency authorized to represent the public generally, or a member of any such board, commission, or other agency, is named as respondent, and writs of prohibition to commissions established by law, to the district courts of appeal, and to the trial courts when questions are involved upon which a direct appeal to the supreme court is allowed as a matter of right.

The supreme court may issue all writs necessary or proper to the complete exercise of its jurisdiction.

The supreme court or any justice thereof may issue writs of habeas corpus returnable before the supreme court or any justice thereof, or before a district court of appeal or any judge thereof, or before any circuit judge.

The supreme court shall provide for the transfer to the court having jurisdiction of any matter subject to review when the jurisdiction of another appellate court has been improvidently invoked.

(c) Chief Justice. The chief justice of the supreme court shall be chosen by the members of the court and shall serve for a term of two years. In the event of a vacancy, a successor shall be chosen within sixty days for a like term. During a vacancy or whenever the chief justice is unable to act for any reason, the justice longest in continuous service and able to act shall act as chief justice.

(d) Clerk and Marshal; Process. The supreme court shall appoint a clerk and a marshal who shall hold office during the pleasure of the court and perform such duties as the court directs. Their compensation shall be fixed by law. The marshal shall have the power to execute the process of the court throughout the state, and in any county may deputize the sheriff or a deputy sheriff for such purpose.

Section 5. District Courts of Appeal

(a) Appellate Districts. The state shall be divided into three appellate districts of contiguous counties as the legislature may prescribe.

(b) Organization; Number and Selection of Judges. A district court of appeal shall be organized in each appellate district. There shall be three judges of each district court of appeal. Not less than three judges shall consider each case and the concurrence of a majority shall be necessary to a decision. The court shall hold at least one session every year in each judicial circuit within the district wherein there is ready business to transact.

The judges of the district courts of appeal organized hereunder shall be selected as follows: Between June first and July first, 1957, the governor shall appoint three persons to serve as judges of each district court of appeal until their successors are elected, as herein provided. The judges so appointed shall take office and assume their duties on July first, 1957, and shall serve for a term to be designated by the governor in accordance with the following schedule: The governor shall appoint one judge in each district for a term expiring on the first Tuesday after the first Monday in January 1959, following the election of his successor at the general election in November 1958, which judges shall be identified as Group "A"; one judge in each district for a term expiring on the first Tuesday after the first Monday in January 1961, following the election of his successor at the general election in November 1960, which judges shall be identified as Group "B"; and one judge in each district for a term expiring on the first Tuesday after the first Monday in January 1963, following the election of his successor at the general election in November 1962, which judges shall be identified as Group "C".

The successors of the original judges of the district courts of appeal shall be elected at the general election next preceding the expiration of their respective terms of office.

(c) Jurisdiction. Appeals from trial courts in each appellate district, and from final orders or decrees of county judges' courts pertaining to probate matters or to estates and interests of minors and incompetents, may be taken to the court of appeal of such district, as a matter of right, from all final judgments or decrees except those from which appeals may be taken direct to the supreme court or to a circuit court.

The supreme court shall provide for expeditious and inexpensive procedure in appeals to the district courts of appeal, and may provide for review by such courts of interlocutory orders or decrees in matters reviewable by the district courts of appeal.

The district courts of appeal shall have such powers of direct review of administrative action as may be provided by law.

A district court of appeal or any judge thereof may issue writs of habeas corpus returnable before that district court of appeal or any judge thereof, or before any circuit judge in that district. A district court of appeal may issue writs of mandamus, certiorari, prohibition, and quo warranto, and also all writs necessary or proper to the complete exercise of its jurisdiction.

(d) Clerks and Marshals. Each district court of appeal shall appoint a clerk and a marshal who shall hold office during the pleasure of the court and perform such duties as the court may direct. Their compensation shall be fixed by law. The marshal shall have power to execute the process of the court throughout the state, and in any county may deputize the sheriff or a deputy sheriff for such purpose.

Section 6. Circuit Courts.

(a) Judicial Circuits. The legislature may establish not more than sixteen judicial circuits each composed of a county or contiguous counties and of not less than fifty thousand inhabitants according to the last census authorized by law, except that the county of Monroe shall constitute one of the circuits.

(b) Circuit Judges. The legislature shall provide for one circuit judge in each circuit for each fifty thousand inhabitants or major fraction thereof according to the last census authorized by law. In circuits having more than one judge the legislature may designate the place of residence of any such additional judge or judges.

(c) Jurisdiction. The circuit courts shall have exclusive original jurisdiction in all cases in equity except such equity jurisdiction as may be conferred on juvenile courts, in all cases at law not cognizable by subordinate courts, in all cases involving the legality of any tax, assessment or toll, in the action of ejectment, in all actions involving the titles or boundaries of real estate, and in all criminal cases not cognizable by subordinate courts. They shall have original jurisdiction of actions of forcible entry and unlawful detainer, and of such other matters as the legislature may provide. They shall have final appellate jurisdiction in all civil and criminal cases arising in the county court, or before county judges' courts, of all misdemeanors tried in criminal courts of record, and of all cases arising in municipal courts, small claims courts, and courts of justices of the peace. The circuit courts and judges shall have power to issue writs of mandamus, injunction, quo warranto, certiorari, prohibition and habeas corpus, and all writs necessary or proper to the complete exercise of their jurisdiction.

The circuit courts and circuit judges shall have such extraterritorial jurisdiction in chancery cases as may be prescribed by law.

(d) Court Commissioners. A circuit judge may appoint in each county in his circuit one or more attorneys at law, to be court commissioners, who shall have power in the absence from the county of the circuit judge, to allow writs of injunction and to issue writs of habeas corpus, returnable before himself or the circuit judge. Their orders in such matters may be reviewed by the circuit judge, and confirmed, qualified or vacated. They may be removed by the circuit judge. The legislature may confer upon them further powers, not judicial, and shall fix their compensation.

(e) Recommendation to Attorney General; Report to Legislature. It shall be the duty of the judges of the circuit courts to report to the attorney general at least thirty days before each session of the legislature such defects in the laws as may have been brought to their attention, and to suggest such amendments or additional legislation as may be deemed necessary. The attorney general shall report to the legislature at each session such legislation as he may deem advisable.

(f) State Attorneys. In each judicial circuit a state attorney shall be elected by the qualified electors of that circuit in the same manner as other state and county officials, to serve a term of four years and to fulfill duties prescribed by law.

(g) Clerks of the Circuit Courts. In each county a clerk of the circuit court, who shall also be clerk of the board of county commissioners, recorder and ex officio auditor of the county, shall be elected by the qualified electors of that county in the same manner as other state and county officials, to serve a term of four years and to fulfill duties prescribed by law.

Section 7. County Judges' Courts.

(a) Establishment. There shall be a county judge's court in each county.

(b) County Judges. There shall be in each county not less than one county judge who shall be elected by the qualified electors of said county at the time and places of voting for other county officers and shall hold his office for four years. His compensation shall be provided for by law.

In any county having a population in excess of one hundred and twenty-five thousand, and not more than two hundred and fifty thousand, according to the last decennial federal census, or census authorized by the legislature and paid for by the county, the legislature may provide for an additional county judge for such county, provided, that any law having for its purpose the creating of an additional county judge in such county shall not become effective unless ratified by a majority of the participating voters of such county at an election presenting the same for approval or rejection. In any county having a population of more than two hundred and fifty thousand according to such census, the legislature may, without referendum thereon, provide for one additional county judge for each additional 250,000 of population or major fraction thereof.

(c) Jurisdiction. The county judges' courts shall have original jurisdiction in all cases at law in which the demand or value of property involved shall not exceed one hundred dollars; of proceedings relating to the forcible entry or unlawful detention of lands and tenements; and of such criminal cases as the legislature may prescribe. The county judges' courts shall have jurisdiction of the settlement of the estate of decedents and minors, to order the sale of real estate of decedents and minors, to take probate of wills, to grant letters testamentary and of administration and guardianship, and to discharge the duties usually pertaining to courts of probate. The county judges shall have the power of committing magistrates and shall issue all licenses required by law to be issued in the county.

Section 8. County Courts; Organization and Officers. The legislature may organize in such counties, as it may think proper, county courts which shall have jurisdiction of all cases at law in which the demand or value of the property involved shall not exceed five hundred dollars; of proceedings relating to the forcible entry or unlawful detention of lands and tenements, and of misdemeanors. The county judge shall be the judge of said court. There shall be elected by the qualified electors of said county at the time when the said judge is elected a prosecuting attorney for said county, who shall hold office for four years. His duties and compensation shall be prescribed by law. Such courts may be abolished at the pleasure of the legislature.

Section 9. Criminal Courts of Record.

(a) Organization and Judges. The legislature may provide for the establishment of a criminal court of record in any county. Judges of criminal courts of record shall be elected for a term of four years by the qualified electors of the county, in the same manner as other state and county officials. Their compensation shall be fixed by law and paid by the county.

In any county having a population in excess of 125,000, and not more than 250,000, according to the last decennial federal census, or census authorized by the legislature and paid for by the county, the legislature may provide for an additional judge of the criminal court of record for such county, provided that any law having for its purpose the creating of an additional judge of said court in such county shall not become effective unless ratified by a majority of the participating voters of such county in an election presenting the same for approval or rejection. In any county having a population of more than 250,000 according to such census, the legislature may, without referendum thereon, provide for one additional county judge for each additional 250,000 of population or major fraction thereof.

(b) Jurisdiction. The said courts shall have jurisdiction of all criminal cases not capital which shall arise in said counties respectively.

(d) Prosecuting Attorney; Term. There shall be for each of said courts a prosecuting attorney who shall be elected for a term of four years by the qualified electors of the county as other state and county officials are elected and whose compensation shall be fixed by law.

(e) Indictment and Information. All offenses triable in said court shall be prosecuted upon information under oath, to be filed by the prosecuting attorney, but the grand jury of the circuit court for the county in which said criminal court is held may indict for offenses triable in the criminal court. Upon the finding of such indictment the circuit judge shall commit or bail the accused for trial in the criminal court, which trial shall be upon information.

(f) Criminal Courts of Record Supersede Criminal Jurisdiction of County Courts. The county courts in counties where such criminal courts are established shall have no criminal jurisdiction and no prosecuting attorney.

(g) Clerk. The clerk of said court shall be elected by the electors of the county in which the court is held and shall hold office for four years, and his compensation shall be fixed by law. He shall also be clerk of the county court. The sheriff of the county shall be the executive officer of said court, and his duties and fees shall be fixed by law.

(h) State Attorney Eligible for Appointment as County Solicitor. The state attorney residing in the county where such court is held shall be eligible for appointment as county solicitor for said county.

(i) Criminal Courts of Record May be Abolished by Legislature. Such courts may be abolished by the legislature.

Section 10. Court of Record of Escambia County. In Escambia County there shall be a court of record with two or more judges as the legislature may provide, who shall be elected for a term of six years by the qualified electors of said county as other county officials are elected, and whose compensation shall be fixed by the legislature. Said court shall have exclusive jurisdiction of all criminal cases not capital and, concurrent with the circuit court of said county and the judges thereof, the same original jurisdiction of all cases and matters and the same power and authority to issue all writs as the circuit court of said county and the judges thereof, excepting the power to summon and empanel a grand jury, and the jurisdiction of such other matters as the legislature may provide. The rules of procedure and practice applicable to the circuit court of said county shall obtain in the court of record.

The provisions of this constitution and all laws enacted in consonance therewith pertaining to circuit courts and the officers thereof and to appeals and writs of error from circuit courts, including the manner of the appointment or election and the terms of office and compensation of said officers, shall apply with like effect to the court of record of Escambia County and the officers thereof except as otherwise provided in this section; provided that the compensation and expense allowances of said judges of said court of record shall be paid by Escambia County and shall be the same as paid to and received from all sources by judges of the circuit court of said county resident in said county.

At the request of a judge of the circuit court of Escambia County evidenced as now provided by law a judge of the court of record may assume and perform in every respect the jurisdiction and duties of the circuit court of Escambia County or a judge thereof, including the trial of capital cases and the power to summon and empanel a grand jury; and at the request of a judge of the court of record evidenced as now provided by law a judge of the circuit court of Escambia County may assume and perform in every respect the duties and jurisdiction of the court of record of Escambia County or a judge thereof.

Nothing herein contained shall operate to lengthen or shorten the term of any officer, nor alter the expiration date of such officer's commission, nor the date of any election.

Section 11. Courts of Justices of the Peace.

(a) Districts and Presiding Officer. 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.

(b) Jurisdiction. The justices of the peace shall have jurisdiction in cases at law in which the demand or value of the property involved does not exceed $100.00, and in which the cause of action accrued or the defendant resides in his district; and in such criminal cases, except felonies, as may be prescribed by law, and he shall have power to issue process for the arrest of all persons charged with felonies and misdemeanors not within his jurisdiction to try, and make the same returnable before himself or the county judge for examination, discharge, commitment or bail of the accused. Justices of the peace shall have the power to hold inquests of the dead. Appeal from justices of the peace courts in criminal cases may be tried de novo under such regulations as the legislature may prescribe.

(c) Constables. A constable shall be elected by the registered voters in each justice's district, who shall perform such duties, and under such regulations as may be prescribed by law.

Section 12. Juvenile Courts; Establishment; Jurisdiction; Judge; Officers; Procedure. The legislature shall have power to create and establish juvenile courts in such county or counties or districts within the state as it may deem proper, and to define the jurisdiction and powers of such courts and the officers thereof, and to vest in such courts exclusive original jurisdiction of all or any criminal cases where minors under any age specified by the legislature from time to time are accused, including the right to define any or all offenses committed by any such persons as acts of delinquency instead of crimes; to provide for the qualification, election or selection and appointment of judges, probation officers and such other officers and employees of such courts as the legislature may determine, and to fix their compensation and term of office; all in such manner, for such time, and according to such methods as the legislature may prescribe and determine, without being limited therein by the provisions in this constitution as to trial by jury in Sections 3 and 11 of the Declaration of Rights, as to the use of the terms "prosecuting attorney" and "information" in Section 10 of the Declaration of Rights, as to election or appointment of officers in Section 27 of Article III, as to jurisdiction of criminal cases in Sections 6, 7, 9, and 11 of this Article, as to original jurisdiction of the interests of minors in Section 6 of this Article, and as to style of process and prosecuting in the name of the state in Section 20 of this Article, or other existing conflicting provisions of this constitution.

Section 13. Eligibility Requirements for Justices and Judges. No person shall be eligible for the office of justice of the supreme court or judge of a district court of appeal unless he is a citizen of this state, and unless he is, at the time, a member of the Florida Bar in good standing and for a period of at least ten years has been, a member of the bar of Florida; and no person shall be eligible for the office of judge of a circuit court or criminal court of record who is not twenty-five years of age and a member of the bar of Florida. Any senator or member of the house of representatives otherwise qualified shall be eligible for appointment or election to any judicial office which may have been created, or the emoluments whereof may have been increased, during the time for which he was elected.

Section 14. Vacancies in Office of Judge, How Filled. When the office of any judge shall become vacant from any cause, the successor to fill such vacancy shall be appointed or elected only for the unexpired term of the judge whose death, resignation, retirement or other cause created such vacancy.

Section 15. Election of Judges. Circuit judges shall be elected by the qualified electors of their respective judicial circuits as other state and county officials are elected.

Judges of district courts of appeal shall be elected by the qualified electors of their respective districts as other state and county officials are elected.

Justices of the supreme court shall be elected by the qualified electors of the state as other state and county officials are elected.

The judges of district courts of appeal identified as belonging to Group "A" shall be elected in 1958 and every six years thereafter; those identified as belonging to Group "B" shall be elected in 1960 and every six years thereafter; and those identified as belonging to Group "C" shall be elected in 1962 and every six years thereafter.

Election of circuit judges shall be held in the year 1960 and every six years thereafter.

Two justices of the supreme court shall be elected in 1958 and every six years thereafter; three justices of the supreme court shall be elected in 1960 and every six years thereafter; two justices of the supreme court shall be elected in 1962 and every six years thereafter.

Such elected justices and judges shall take office on the first Tuesday after the first Monday in the following January.

Section 16. Terms of Office of Certain Judges. The terms of office of justices of the supreme court, judges of district courts of appeal, and circuit judges shall be six years.

Section 17. Retirement, Suspension and Removal of Judges. Notwithstanding the provisions of this Article relating to terms of office:

(a) All justices and judges shall automatically retire at age 70.

(b) Subject to rules of procedure to be established by the supreme court, and after notice and hearing, any justice or judge may be retired for disability at retirement pay to be fixed by law, which shall be not less than two-thirds of his then compensation if he has served for ten years or more, by a commission composed of one justice of the supreme court to be selected by that court, two judges of the district courts of appeal to be selected by the judges of said district courts of appeal, and two circuit judges and two county judges to be selected by the supreme court.

(c) Any justice of the supreme court, judge of the district court of appeal, or circuit judge shall be liable to impeachment for any misdemeanor in office.

Section 18. Prohibited Activities of Judges. Justices of the supreme court, judges of district courts of appeal and circuit judges shall devote full time to their judicial duties, shall not engage in the practice of law or hold any office or position of profit under this state or any office of profit under the United States, and shall not hold office in any political party.

Compensation for service in the state militia or the armed forces of the United States or other defense agencies recognized by the supreme court for such periods of time as may be determined by the supreme court shall not be deemed profit.

Section 19. Judicial Salaries and Expenses. Justices of the supreme court and judges of all other courts shall receive for their services salaries or compensation provided by law. A retired justice or judge assigned to active judicial service shall, while so serving, receive as additional compensation the difference between his retirement benefits and the compensation applicable to such service. Salaries of circuit judges may be supplemented in any county or counties when authorized by law. Judicial officers shall be paid such actual and necessary expenses as may be authorized by law.

Section 20. Style of Process. The style of all process shall be "The State of Florida" and all prosecutions shall be conducted in the name and by the authority of the State.

Section 21. Referees. Any civil cause may be tried before a practicing attorney as referee upon the applications of the parties and an order from the court in whose jurisdiction the case may be, authorizing such trial and appointing such referee. The referee shall keep a complete record of the case, including the evidence taken, and such record shall be filed with the papers in the case in the office of the clerk; and the cause shall be subject to an appeal in the manner prescribed by law.

Section 22. Juries. The number of jurors for trial of causes in any court may be fixed by law but shall not be less than six in any case.

Section 23. Admission and Discipline of Attorneys. The supreme court shall have exclusive jurisdiction over the admission to the practice of law and the discipline of persons admitted. It may provide for an agency to handle admissions subject to its supervision. It may also provide for the handling of disciplinary matters in the circuit courts and the district courts of appeal, or by commissions consisting of members of the bar to be designated by it, the supreme court, subject to its supervision and review.

Section 24. Effect of Reduction of Number of Judges. Any law reducing the number of judges of any court shall not shorten the term of any judge then in office.

Section 25. Judicial Officers as Conservators of the Peace. All judicial officers in this state shall be conservators of the peace.

Section 26. Schedule.

(1) This Article shall become effective on the first day of July 1957 and shall replace all of Article V, and shall supersede any other provisions of the present constitution of Florida in conflict herewith, which shall then stand repealed.

(2) Until changed by law as authorized in this Article, the appellate districts shall be composed as follows:

FIRST DISTRICT: The 1st, 2nd, 3rd, 4th, 5th, 7th, 8th, and 14th judicial circuits as presently constituted.

SECOND DISTRICT: The 6th, 9th, 10th, 12th, and 13th judicial circuits as presently constituted.

THIRD DISTRICT: The 11th, 15th and 16th judicial circuits as presently constituted.

(3) The provisions of the Article governing eligibility for office shall not affect the right of any incumbent to continue in office or to seek reelection.

(4) Except to the extent inconsistent with the provisions of this Article, all provisions of law and rules of court in force on the effective date of this Article shall continue in effect until superseded in a manner authorized by the constitution.

(5) Judges of the district courts of appeal appointed by the governor shall take office on the effective date of this article.

(6) The supreme court may transfer to the respective district courts of appeal such causes, matters and proceedings as are pending in the supreme court on the effective date of this Article which are within the jurisdiction of such courts as the supreme court may see fit. No case that has been orally argued before the supreme court shall be so transferred. The supreme court shall have and retain jurisdiction and authority over all causes, matters and proceedings not so transferred to the district courts of appeal.

(7) All trial courts as organized and constituted on the effective date of this Article shall, except as otherwise provided herein, continue with their jurisdiction, judges and officers, including the manner of their election or appointment, until otherwise provided by the legislature.

(8) Until otherwise provided by law, there shall be an additional judge for the Fourth Judicial Circuit who shall reside in Duval County, and shall receive the same salary and allowances for expenses as other circuit judges in and for the circuit court of said county, which salary and expenses shall be paid by said county out of its general revenue. The additional judge of the circuit court of Duval County holding office on the effective date of this Article under former Section 42 of Article V shall become the additional judge here provided for until the expiration of his then term of office.

(9) There shall be an additional circuit judge for the circuit court of the judicial circuit wherein the state capital is located. Subsequent to the first Tuesday after the first Monday in January 1957, the governor shall appoint the first judge hereunder to serve for a term expiring on the first Tuesday after the first Monday in January 1959, following the election of his successor at the general election in November 1958, which successor shall serve for a term expiring on the first Tuesday after the first Monday in January 1961, following the election of his successor at the general election in November 1960, which successor shall serve for the full term and his successors chosen as otherwise provided for circuit judges.

(10) Until otherwise provided by the legislature, orders of the Florida Industrial Commission shall be subject to review only by petition to the district courts of appeal for writ of certiorari.

(11) All provisions of law pertaining to the State Board of Law Examiners shall continue in effect until superseded in a manner authorized by this Article.

(12) This Article shall not disturb the terms of incumbent judges.

(13) The provision for automatic retirement in Section 17 of this article does not apply to any person now holding office.

(14) Upon the adoption of this Article, the legislature shall enact such laws and make such appropriations and the supreme court shall make such rules as may be necessary or proper to give effect to its provisions.

Filed in Office Secretary of State June 23, 1955.

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SENATE CONCURRENT RESOLUTION NO. 555

SENATE CONCURRENT RESOLUTION relating to constitutional revision.

WHEREAS, a well ordered and properly arranged constitution should be so framed and projected as to provide a simple, direct and easily understandable reference to the basic law of the land, and thus become an object of veneration and confidence, strengthening the sense of unity of the state and loyalty of our citizens;

WHEREAS, during the seventy (70) years since the adoption of our state constitution, the economic and social conditions of the people of Florida have gone through an evolution and change unequaled in any like period in history;

WHEREAS, ninety-four (94) amendments to the constitution have been adopted at various times through the years without logical relationship to subject matter until at the present time this, our most important guarantee of rights and liberties, has become a puzzle in many of its concepts;

WHEREAS, many sections in the constitution are contradictory in language and vague to such an extent in meaning that there exists a state of confusion resulting in hardships, delays and injustices, as well as the necessity of judicial interpretations;

WHEREAS, there is an imperative need to eliminate obsolete, conflicting and unnecessary provisions thereof; and

WHEREAS, much work, study and planning must necessarily be done as an integral part of any such revision; NOW THEREFORE,

Be it Resolved by the Senate of the State of Florida, the House of Representatives Concurring:

Section 1. It is hereby declared:

(a) That the legislature is cognizant of its exclusive prerogative to submit to the people for ratification or rejection any proposal for amendment of the constitution;

(b) That this resolution shall not be taken or construed as indicating a desire on the part of the legislature that it be called in special session for any purpose relating to this resolution:

Section 2. There is hereby designated an advisory commission to be known as the Florida Constitution Advisory Commission, to be composed of thirty-seven (37) members, consisting of the president of the senate, the speaker of the house of representatives, the attorney general, the eight members of the senate and the eight members of the house of representatives who serve as members of the Legislative Council, eight to be appointed by the governor, five to be appointed by the chief justice of the Supreme Court, and five to be appointed by the board of governors of the Florida Bar. Appointments shall be designated by filing same in the office of the Secretary of State not later than June 20, 1955, and if not so filed, the governor shall make such appointments as are necessary to complete the membership. Vacancies in the membership shall be replaced by the source from which was provided the original membership in which the vacancy occurs. If the same be not filled within thirty (30) days after the vacancy occurs, the governor shall make the appointment. The governor shall appoint from the membership a temporary chairman who shall serve as chairman until said commission shall meet and elect a permanent chairman.

Section 3. The members of said commission shall assemble in Tallahassee, Florida, in the chamber of the house of representatives at noon on July 1, 1955, and shall elect a chairman, a secretary and an executive committee. The executive committee shall consist of the chairman and of one (1) member from each congressional district and shall have authority to set up such procedures as in its judgment are necessary and proper, subject to change or confirmation by the full commission, and to handle the business of the commission in the interim between meetings of the full commission. The executive committee shall divide said commission into such special committees as may be expedient, and each special committee shall elect a chairman and shall hold meetings upon the call of such chairman or of the executive committee.

Section 4. It shall be the duty of the Florida Constitution Advisory Commission to prepare and submit to the governor and to the members of the legislature at least sixty (60) days and not more than seventy-five (75) days prior to the convening of the 1957 regular session of the legislature its report and recommendations for revision of the constitution of the state.

Section 5. The said commission in performing its duties and responsibilities shall invite and consider recommendations from the governor, the supreme court and members of the executive department of the state government, as to proposed material for inclusion in its report.

Section 6. Upon being called on by said commission, the several state departments and all public bodies and officials, especially the Legislative Reference Bureau, are requested to render all possible aid and assistance to said commission.

Section 7. In proposing revision of the constitution the Florida Constitution Advisory Commission shall not curtail the inalienable and immemorial rights of the people which are presently set forth in the Declaration of Rights of the Florida Constitution; and the recommendations of said commission in respect to any proposal for revision of Sections 6, 7, 8, 9, 10, 11, 15 and 16 of Article IX, and of Section 7 of Article X, and of Section 18 of Article XII shall preserve the full meaning and effect thereof.

Section 8. The Florida Constitution Advisory Commission shall hold public hearings from time to time as it may deem advisable and in such various locations of the state as it may choose, in order that all interested persons may be afforded the opportunity to appear and present their views in respect to any subject relating to the work of said commission; and the recommendations of said commission shall be presented on the basis of an article by article revision of those articles which are found to be in apparent need of change or revision.

Section 9. Notice of the time and place of all general meetings of the Florida Constitution Advisory Commission shall be given to its members and to each member of the legislature by writing sent by ordinary mail at least ten (10) days in advance of any such meeting.

Section 10. In the event an appropriation is made to carry out the purpose of this resolution, the membership of said commission shall receive no compensation for their services, and shall be paid only the necessary travel and subsistence when engaged at the direction of the general chairman, or of the chairman of a subcommittee on which he is serving, in performing work of said commission.

Approved by the Governor June 6, 1955.

Filed in Office Secretary of State June 6, 1955.

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SENATE JOINT RESOLUTION NO. 34-XX

A JOINT RESOLUTION proposing to amend Article XVI of the Constitution, relating to location of county offices, by adding a new section, numbered 4A, providing for jury trials of civil suits in certain municipalities within Pinellas County.

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

That the following amendment to Article XVI of the Constitution of the State of Florida, relating to the location of county offices, be and the same is hereby 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 A. D. 1956, that is to say that a new section, to be numbered Section 4A, be added to Article XVI of the Constitution of the state of Florida, said new Section 4A to read:

Section 4A. Civil Jury Trials in Pinellas County; Location in Certain Municipalities Within said County. The legislature may, from time to time and as the business of Pinellas county may require, provide that trial by jury of all civil suits, properly triable by jury according to law, may be had and held in any municipality, within said county, having a population of more than seventy-five thousand (75,000) inhabitants according to the latest official census. The legislature may provide also that the clerk of any court or any other court officer, within said county, shall maintain such offices within such municipality, and keep such official books and records therein, as may be necessary to accomplish the purposes of this amendment; provided, however, that the principal offices of such clerks or other officers shall not be removed from the county seat.

Filed in Office Secretary of State August 8, 1956.

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HOUSE JOINT RESOLUTION NO. 58-XX

A JOINT RESOLUTION repealing Senate Joint Resolution No. 1052, of the 1955 Legislature, abolishing the Court of Record of Escambia County.

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

That senate joint resolution No. 1052, adopted at the regular session of the legislature of 1955, amending Article V of the constitution of the State of Florida, is hereby repealed.

Filed in Office Secretary of State August 8, 1956.

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HOUSE JOINT RESOLUTION NO. 83-XX

A JOINT RESOLUTION amending Section 10 of House Joint Resolution No. 810, of the 1955 Legislature, proposing a revision of Article V of the Constitution of the State of Florida, by providing for a county solicitor and clerk of the Court of Record of Escambia County.

WHEREAS, House Joint Resolution No. 810, of the 1955 regular Session of the Legislature, the revision of Article V, relating to the judiciary, made provision for the Judge of the Court of Record, but failed to specifically include a provision for the County Solicitor and Clerk of the Court of Record, and

WHEREAS, this Legislature is lawfully clothed with authority to correct this error in said House Joint Resolution No. 810, whereby the Court of Record of Escambia County is left with only a judicial branch and no prosecutor or clerk, NOW, THEREFORE,

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

That Section 10 of House Joint Resolution No. 810 of the 1955 regular Session of the Legislature of the State of Florida, is amended to read as follows:

Section 10. Court of Record of Escambia County. In Escambia County there shall be a court of record with two or more judges as the legislature may provide, who shall be elected for a term of six (6) years by the qualified electors of said county as other county officials are elected, and whose compensation shall be fixed by the legislature. Said court shall have exclusive jurisdiction of all criminal cases not capital and, concurrent with the circuit court of said county and the judges thereof, the same original jurisdiction of all cases and matters and the same power and authority to issue all writs as the circuit court of said county and the judges thereof, excepting the power to summon and empanel a grand jury, and jurisdiction of such other matters as the legislature may provide. The rules of procedure and practice applicable to the circuit court of said county shall obtain in the court of record.

There shall hereafter be elected for a term of four (4) years by the qualified electors of Escambia County, Florida, a prosecuting attorney, who shall be known as "County Solicitor of Escambia County, Florida", and who shall be the prosecuting attorney in the Court of Record in and for Escambia County, Florida, and his duties and compensation shall be fixed by law. An election for County Solicitor shall be held at the general election in 1958, and each four (4) years thereafter, and the person elected at any such election shall take office the first Tuesday after the first Monday in January succeeding the date of the election. Any person now occupying such office or who shall hereafter be appointed to fill any vacancy therein shall continue in office until the election and qualification of a County Solicitor hereunder.

All offenses triable in the Court of Record in and for Escambia County, Florida, shall be prosecuted upon information under oath, to be filed by the County Solicitor, but the Grand Jury of the Circuit Court for Escambia County, Florida, may indict for offenses triable in said Court. Upon the finding of any such indictment the Circuit Judge shall admit to bail or commit the accused pending trial in the Court of Record in and for Escambia County, Florida, and trial shall be upon information filed by the County Solicitor.

The Clerk of said Court shall be elected by the electors of Escambia County at the General Election in 1960 and each four (4) years thereafter, and the person elected shall hold office for four (4) years. The compensation and duties of the Clerk shall be fixed by law. The Clerk of the Court of Record in and for Escambia County, Florida, elected at the General Election of 1956 and any successor appointed to fill any vacancy in said office which may occur, shall hold office until the first Tuesday after the first Monday, January, 1961.

The Sheriff of the County shall be the executive officer of said Court and his duties and compensation shall be fixed by law.

In event of vacancy in the office of County Solicitor, Clerk or other officer of the Court of Record in and for Escambia County, Florida, from any cause, the successor to fill such vacancy shall be appointed by the Governor to serve for the unexpired term of such office which has become vacant.

Filed in Office Secretary of State August 8, 1956.