Amendments, Election of 11-8-60:

1959 SJR 660 (Article VII, Section 1) {Defeated}

1959 SJR 734 (Article IX, Section 15) {Defeated}

1959 HJR 409 (Article XVI, Sections 4B, 4C) {Adopted}

1959 HJR 813 (Article VI, Section 2) {Adopted}

1959 CS/HJR 835 (Article IV, Section 30) {Defeated}

1959 HJR 1073 (Article XVI, Section 4D*) {Adopted}

1959 HJR 1544 (Article XII, Section ?*) {Defeated}

1959 HJR 1601 (Article V, Section 5) {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 Materials:

"Constitutional Amendments of 1960," by John M. DeGrove & Wylie Kilpatrick.

Civic Information Series No. 36, Public Administration Clearing Service,

University of Florida. 1960.

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SENATE JOINT RESOLUTION NO. 660

A JOINT RESOLUTION relating to apportionment; proposing an amendment to Article VII, of the Florida Constitution; providing for forty-four senatorial districts; providing plan for apportioning House of Representatives; and providing plan for filling vacancies created hereby; and declaring an emergency.

WHEREAS, the Legislature of the State of Florida has determined that an emergency requiring an early decision by the electors of the state does exist, and,

WHEREAS, an amendment to the constitution dealing with the subject matter of reapportionment should be submitted to the voters of the State of Florida at the earliest possible time, NOW, THEREFORE,

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 apportionment in the 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 a special called election as provided by Article XVII, Section 3 of the Florida Constitution.

That three-fourths (3/4) of all members elected to each house of the Legislature does determine that an emergency requiring an early decision by the electors of the state does exist with reference to this amendment to Article VII of the Constitution.

Sections 1, 2, 3, and 4 of Article VII are hereby repealed and in lieu thereof the following section is hereby adopted:

ARTICLE VII

Section 1. Representation; Apportionment.

(a) Senate. The state shall be apportioned into forty-four (44) senatorial districts designated by number in consecutive order. Such apportionment shall provide fairness and equity among districts based upon population, geographic area and economic affinity; provided:

(1) There shall be only one senator for each district.

(2) No district shall be composed of more than three (3) counties.

(3) Counties forming a district shall not be separated by territory of another district and must be contiguous.

(4) No county shall be divided in creating a district.

(5) Vacancies that are created by the reapportionment providing for forty-four (44) senatorial districts of the Senate shall be filled by the electors in the general election in November, 1960. Upon election new senators shall be elected in the new districts for the following terms:

District 39 for four (4) years.

District 40 for two (2) years.

District 41 for four (4) years.

District 42 for two (2) years.

District 43 for four (4) years.

District 44 for two (2) years.

Thereafter, all senators shall be elected for a four-year term.

(b) House of Representatives. The representation in the House of Representatives shall be apportioned as follows:

Five (5) representatives to and for the most populous county; four (4) representatives to and for each of the two (2) next more populous counties; three (3) representatives to and for each of the six (6) next more populous counties; two (2) representatives to and for each of the fourteen (14) next more populous counties; and one (1) representative to and for each of the remaining counties of the state at the time of such apportionment.

(c) First Apportionment; Reapportionment. The first apportionment of each legislative house shall be in accordance with statute designating the senatorial districts and the representation in the house adopted at the 1959 session of the Legislature, and the next apportionment of the Senate shall be at the regular session in 1971, and the next apportionment of the House of Representatives shall be at the regular session in 1961 based upon the 1960 Federal Census; and decennially thereafter, the Legislature shall reapportion its representation in accordance herewith. Should it fail to do so, its duty shall continue in every session of whatever type until reapportionment has been effected.

(d) Failure to Reapportion at Regular Session, and Providing for Extraordinary Session to Perform Reapportionment. Should the legislature fail to reapportion the representation in the Legislature at any regular session as required, the Governor or the Legislature itself shall call the Legislature into extraordinary session to perform its duty within thirty days after adjournment. No other business shall be transacted during such session and the session shall not recess for more than seventy-two hours, except that after a period of sixty days from the date the extraordinary session is convened, the Governor may, by proclamation, or the Legislature may, by concurrent resolution, recess the Legislature to a future date, or may adjourn the Legislature sine die.

(e) Representation of a Newly Created County. A newly created county shall have one representative in the House of Representatives until the succeeding reapportionment and until that time it shall be part of such adjoining senatorial district as the Legislature shall determine.

Filed in Office Secretary of State May 21, 1959.

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SENATE JOINT RESOLUTION NO. 734

A JOINT RESOLUTION amending Section 15 of Article IX of the Constitution of the State of Florida, providing for the allocation of excise taxes collected by the state or under its authority from the operation of pari-mutuel pools.

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

That the following amendment of Section 15 of Article IX of the Constitution of the State of Florida be and the same is hereby agreed to and shall be submitted to the electors of the State of Florida for approval or rejection at the general election to be held in November, 1960, or at any special general election held prior to that date:

Section 15. Allocation of Excise Taxes. Not less than forty-five per cent (45%) of all excise taxes levied and collected by the State, or under its authority, from the operation of pari-mutuel pools shall be allocated and distributed in equal parts to the several counties of the State.

Filed in Office Secretary of State May 25, 1959.

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HOUSE JOINT RESOLUTION NO. 409

A JOINT RESOLUTION proposing an amendment to Article XVI of the State Constitution, relating to location of county officers, by adding two new sections, numbered 4B and 4C, providing for jury trials of civil suits in certain municipalities within Volusia and Highlands counties.

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

That Article XVI of the state constitution be amended as follows, is hereby agreed to and shall be submitted to the electors of the state for ratification or rejection at the general election of 1960, by addition of a new section to be numbered 4B to Article XVI of the constitution of the state of Florida, as follows:

Section 4B. Civil Jury Trials in Volusia County; Location in Certain Municipalities within Said County. The legislature may, from time to time and as the business of Volusia 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 addition to the county seat in any municipality, within said county, designated by any circuit judge of the 7th judicial circuit. 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 have available 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.

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

That Article XVI of the state constitution be amended as follows, is hereby agreed to and shall be submitted to the electors of the state for ratification or rejection at the general election of 1960, by addition of a new section to be numbered 4C to Article XVI of the constitution of the state of Florida, as follows:

Section 4C. Civil Jury Trials in Highlands County; Location in Certain Municipalities Within Said County. The legislature may, from time to time and as the business of Highlands 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 addition to the county seat in any municipality, within said county, designated by any circuit judge of the 10th judicial circuit. 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 have available 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 June 12, 1959.

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HOUSE JOINT RESOLUTION NO. 813

A JOINT RESOLUTION proposing an amendment to Article VI, Section 2 of the State Constitution, to provide for original absentee registration of electors.

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

That Article VI, Section 2 of the state constitution be amended as follows, is hereby agreed to and shall be submitted to the electors of the state for ratification or rejection at the general election of November, 1960:

Section 2. Registration of Electors. The legislature, at its first session after the ratification of this constitution, shall provide by law for the registration of all the legally qualified voters in each county, and for the returns of elections; and shall also provide that after the completion, from time to time, of such registration, no person not duly registered according to law shall be allowed to vote.

The legislature may provide for the registration of electors who are members of the armed forces, and their spouses, living outside the territorial limits of the state.

Filed in Office Secretary of State June 12, 1959.

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COMMITTEE SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 835

A JOINT RESOLUTION proposing an amendment to the Constitution of Florida by amending Section 30, Subsections (1), (2), (3), (5) and (6) of Article IV relating to the Game and Fresh Water Fish Commission; powers and duties, etc.

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

That the following amendment to Article IV, of the Constitution of Florida amending subsections (1), (2), (3), (5) and (6) of Section 30, is hereby agreed to and shall be submitted to the electors of Florida for ratification or rejection at the general election to be held in November, 1960, or at any special general election held prior to that date:

Section 30. Game and Fresh Water Fish Commission; Powers and Duties, etc.

(1) From and after January 1, 1961, the management, restoration, conservation and regulation of the birds, game, fur-bearing animals and fresh-water fish of the State of Florida, and the acquisition, establishment, control and management, of hatcheries, sanctuaries, refuges, reservations, and all other property now or hereafter owned or used for such purposes by the State of Florida, shall be vested in a commission to be known as the Game and Fresh Water Fish Commission. Such commission shall consist of five (5) members, one from each Congressional district, as existing on January 1, 1941, who shall be appointed by the cabinet. The members so appointed shall annually select one of their members as chairman of the commission.

(2) The first members of the commission shall be appointed on January 1, 1961, and shall serve respectively for one (1), two (2), three (3), four (4), and five (5) years. At the expiration of each of such terms, a successor shall be appointed to serve for a term of five (5) years.

(3) The members of the Commission shall receive no compensation for their services, but each Commissioner shall receive per diem as provided by law while attending meetings or business in connection with the discharge of his official duties, and mileage as provided by law.

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

(6) The funds resulting from the operation of the Commission and from the administration of the laws and regulations pertaining to birds, game, fur-bearing animals, fresh-water fish, reptiles, and amphibians, together with any other funds specifically provided for such purpose shall be deposited with the state treasurer to a fund designated the State Game Fund, and shall be used by the Commission in carrying out the provisions hereof and for no other purposes. The Commission shall not obligate itself beyond the current resources of the state Game Fund unless specifically authorized by the legislature. The Commission, as a state agency, shall submit a budget estimate of the amounts needed in the operation of the Commission for approval by the legislature through the Budget Commission as provided by general law.

Filed in Office Secretary of State June 19, 1959.

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HOUSE JOINT RESOLUTION NO. 1073

A JOINT RESOLUTION proposing an amendment to Article XVI of the Constitution of Florida by adding thereto an additional section to be numbered by the Secretary of State authorizing the County of Brevard to hold civil jury trials in any branch court house within the county.

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

That the following amendment to Article XVI of the Constitution of Florida be added and numbered by the secretary of state and be submitted to the electors of the State of Florida for ratification or rejection at the general election of November, 1960:

Section __. Civil Jury Trials in Branch Court Houses in Brevard County. Civil trials by jury may be held as provided by law in designated branch court houses within Brevard County. All records of any civil trial conducted in any such branch court houses shall be filed in the main court house at the county seat.

Filed in Office Secretary of State June 18, 1959.

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HOUSE JOINT RESOLUTION NO. 1544

A JOINT RESOLUTION proposing an amendment to Article XII of the Florida Constitution, relating to the election or appointment of the County Superintendent of Public Instruction for Broward County, Florida.

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

That the following amendment to Article XII of the Florida Constitution, to be added as an additional section to be designated by an appropriate number by the secretary of state of the state of Florida, provided the same is approved by a majority of the qualified electors of Broward county, Florida, who vote on the question of whether or not this proposed amendment shall be submitted to the electors of the state at a special election, to be called by the board of county commissioners, prior to the general election to be held in November, 1960, and which special election shall be held with the school millage election to be held in November, 1959, or, if for any reason the same may not be held with said school millage election, at any other county-wide election to be held prior to November, 1960, be and the same is hereby agreed to and shall be submitted to the electors of the state at the general election to be held on the first Tuesday after the first Monday in November, 1960, for ratification or rejection, to-wit:

Section __. County Superintendent of Public Instruction for Broward County. (1) From and after the first Tuesday after the first Monday in January, 1961, the county superintendent for Broward county, Florida, shall be appointed by the county board of public instruction of said county notwithstanding any election of a county superintendent at the 1960 general election who, if qualified and holding office shall cease to hold said office after the said appointment.

(2) The board of county commissioners of said county shall, upon written request by the county board of public instruction, submit to the electors of the county, at a special election which may be held with any special, primary or general election, the question of whether the county shall return to the election of its said superintendent instead of appointing him. Similarly, the county may return to the appointment of its superintendent.

(3) The legislature shall also have the right to return the county, by special or local act, to the election of its county superintendent or to his appointment, as the case may be.

Filed in Office Secretary of State June 17, 1959.

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HOUSE JOINT RESOLUTION NO. 1601

A JOINT RESOLUTION proposing an amendment of Subsections (1) and (2) of Section 5 of Article V of the Constitution of the State of Florida relative to the number and organization of the district courts of appeal and the number of judges for each district court of appeal and the composition of the district courts of appeal for the consideration of cases.

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

That the following amendment of subsections (1) and (2) of Section 5 of Article V of the Constitution of the State of Florida relating to the number and organization of the district courts of appeal and the number of judges for each district court of appeal and the composition of the district courts of appeal for the consideration of cases 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, A. D. 1960, that is to say: Said subsections shall be amended, and as amended shall read as follows:

Section 5. District Courts of Appeal.

(1) Appellate Districts. The state shall be divided into three appellate districts of contiguous counties as the Legislature may prescribe, and there shall be organized a district court of appeal in each district.

(2) Organization; Number and Selection of Judges. There shall initially be three judges of each district court of appeal. The Legislature may provide not more than two additional judges for any district court of appeal and may reduce the number for any district to not less than three. Three judges shall constitute a panel for and shall consider each case, and the concurrence of a majority of the panel 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.

Filed in Office Secretary of State June 19, 1959.