Amendments, Election of 11-6-62:

1961 SJR 216 (Article VII, Sections 1 - 5) {Withdrawn by 1962 SJR 18-X}

1961 SJR 218 (Article V, Section 9A) {Adopted}

1961 SJR 344 (Article V, Section 6) {Defeated}

1961 CS/HJR 1443 (Article XII, Section 2B*) {Adopted}

1961 HJR 1730 (Article III, Section 29) {Adopted}

1961 HJR 1853 (Article XVI, Section 4E*) {Adopted}

1961 HJR 1965 (Article I Revision) {Adopted}

1961 HJR 1966 (Preamble Revision) {Adopted}

1961 HJR 1996 (Article II Revision) {Adopted}

1962 SJR 18-X {Withdrawing 1961 SJR 216}

1962 HJR 30-X (Article VII, Sections 1 - 6) {Defeated}

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

Related Materials:

"Reapportionment and Other Constitutional Amendments of 1962," by Ruth McQuown.

Civic Information Series No. 40, Public Administration Clearing Service,

University of Florida. 1962.

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SENATE JOINT RESOLUTION NO. 216

A JOINT RESOLUTION proposing an amendment to Article VII of the State Constitution relating to apportionment and census.

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

That Article VII, of the Florida Constitution be amended as set forth below and that said resolution be submitted to the electors of Florida for ratification or rejection at the general election to be held in November, 1962:

Section 1. Composition of the Legislature. The Legislature of Florida shall consist of a Senate and a House of Representatives. Members of the Senate shall be elected for a term of four (4) years and members of the House of Representatives shall be elected for a term of two (2) years. The term of members of the Legislature shall expire on the first Tuesday after the first Monday in November of each regular election year. Members of the Senate and of the House of Representatives shall be elected as provided by law. Any new county that may be created shall be entitled to one (1) member in the House of Representatives in excess of any limit prescribed in the following sections of this article until the next reapportionment and the county shall be assigned when created to a senatorial district as determined by the Legislature.

Section 2. Senate. The Senate shall consist of 45 members, each representing a numbered district. 23 districts shall be the 23 most populous counties according to the latest Federal decennial census, the 22 districts shall be created by the Legislature from the remaining counties so as to achieve equitable representation among them; provided, however, not more than three (3) counties shall be included in any one district.

No county shall be divided in creating a district. No county shall be separated from the remainder of the district of which it is a part by more than a county which was formerly a part of said district as of 1961.

Hereafter, each county not included in the original 23 most populous according to the 1960 census, shall become a new district when its population reaches 50,000 according to the Federal decennial census, and the membership of the Senate shall be increased as necessary to secure such result; each county among the most populous 23 according to the 1960 Federal census shall continue to constitute a district so long as its population does not decrease below that of the 1960 Federal census.

Section 3. House of Representatives. The House of Representatives shall be composed of 104 members apportioned as follows: The most populous county shall have five (5) representatives; the next three (3) most populous counties shall have four (4) representatives each; the next five (5) most populous counties shall have three (3) representatives each; the next fourteen (14) most populous counties shall have two (2) representatives each; and the remaining counties of the state shall each have one (1) representative.

Section 4. Legislative Apportionment. The 1963 Legislature shall be composed of the legislators elected pursuant to the Constitution of 1885, as amended, and of the additional legislators as provided for herein. If this article is ratified at the general election in November, 1962, the legislature shall be apportioned according to an apportionment bill passed at the 1961 session of the legislature, provided nothing in this amendment shall prohibit any representative elected in the 1962 general election pursuant to the Constitution of 1885, as amended, from serving in said office for the term for which he was elected, and the additional legislative offices herein created shall be filled by and at a special election to be held in the affected counties or districts, as provided by law, such election to be held within one hundred and twenty (120) days after the effective date hereof. The senators elected from the new even-numbered districts shall be elected for a term of four (4) years and the new senators elected from the odd-numbered districts shall be elected for a term of two (2) years; thereafter all senators shall be elected for four (4) year terms.

The legislature shall reapportion its representation in accordance with this article at the 1971 regular session of the legislature and every ten years thereafter based upon the preceding latest federal decennial census.

In the event the legislature shall fail to reapportion the representation as required by this article, the governor shall within thirty (30) days after the adjournment of any regular session call the legislature together in extraordinary session to consider the question of reapportionment, and such extraordinary session shall mandatorily be required to reapportion its membership before adjournment, and such extraordinary session so called shall not expire until reapportionment is effected and shall consider no business other than reapportionment.

Section 5. State Census. The legislature shall no longer be required to provide for an enumeration of the inhabitants of the state. The last preceding decennial federal census beginning with the federal census of 1950 shall also be the state census and shall control in all population acts and constitutional apportionments, unless otherwise ordered by the legislature.

Filed in Office Secretary of State May 5, 1961.

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SENATE JOINT RESOLUTION NO. 218

A JOINT RESOLUTION proposing an amendment to Section 9A, of Article V, of the State Constitution relating to the Duval County Criminal Court of Record.

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

That Section 9A, of Article V, of the Florida constitution be amended by adding a second and third unnumbered paragraph, relating to the state attorney as prosecuting attorney of the Duval county criminal court of record, and that said resolution be submitted to the electors of Florida for ratification or rejection at the general election to be held in November 1962:

Section 9A. Additional Judge, Duval County Criminal Court of Record.

On and after the first Tuesday after the first Monday in January, 1965, the State Attorney of the Fourth (4th) Judicial Circuit shall be the prosecuting attorney of the Criminal Court of Record of Duval County, Florida, and the office of County Solicitor, the position of Assistant County Solicitor, the position of Special Investigator for the County Solicitor in Duval County, shall stand abolished and terminated; and thereafter the State Attorney and his Assistant 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 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 the Fourth Judicial Circuit, and all Assistant State Attorneys of said Fourth Judicial Circuit 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 duties and acts that the State Attorney may do and perform within said Fourth Judicial Circuit.

Upon this amendment being adopted all funds appropriated by law approved by the Budget Commission and budgeted by the Board of County Commissioners of Duval 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 Fourth (4th) Judicial Circuit, and for the employing of Assistant State Attorneys and other personnel, of that office, and the State Attorney is hereby authorized to employ such personnel, including Assistant State Attorneys and investigators in the same number and to be paid the same salary as the number of Assistant County Solicitors and investigators employed by the County Solicitor of Duval County, Florida.

Filed in Office Secretary of State May 30, 1961.

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SENATE JOINT RESOLUTION NO. 344

A JOINT RESOLUTION proposing an amendment to Article V, Section 6, subsection (2) of the State Constitution relating to the number of Circuit Judges provided by Legislature.

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

That Article V, Section 6, subsection (2) of the Florida constitution be amended as set forth below and that said resolution be submitted to the electors of Florida for ratification or rejection at the general election to be held in November, 1962:

Section 6. Circuit Courts.

(2) Circuit Judges. The legislature may provide for one (1) circuit judge in each circuit for each fifty thousand (50,000) inhabitants or major fraction thereof according to the last census authorized by law. In circuits having more than one (1) judge the legislature may designate the place of residence of any such additional judge or judges.

Filed in Office Secretary of State June 8, 1961.

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COMMITTEE SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 1443

A JOINT RESOLUTION proposing an amendment to Article XII of the State Constitution adding a Section to be numbered by the Secretary of State relating to the election or appointment of superintendent of public instruction in Alachua, Charlotte, Collier, Manatee, Orange, Lee, Monroe, Leon, Indian River, St. Lucie, Broward, Baker, Brevard, Hendry and Hillsborough counties.

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

That Article XII of the Florida Constitution be amended as set forth below and that said resolution be submitted to the electors of Florida for ratification or rejection at the general election to be held in November, 1962:

Section __. County Superintendent of Public Instruction; Appointment in Certain Counties.

(1) The county superintendent of public instruction shall be appointed by the county board of public instruction in the counties of Alachua, Charlotte, Collier, Manatee, Orange, Lee, Monroe, Leon, Indian River, St. Lucie, Broward, Baker, Brevard, Hendry and Hillsborough wherein the proposition is affirmed by a majority vote of the qualified electors of any such county making the office of county superintendent of public instruction appointive.

(2) The board of public instruction of the county must request an election, which may be a special election or may be on the ballot of any regular primary or general election to be designated by the board of public instruction, and upon such timely request the board of county commissioners of such county will call such special election or cause to be placed on the ballot at such other election the proposition whether subsection (1) shall be effective in such county.

(3) Any county adopting the provisions of subsection (1) hereof may after four 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 15, 1961.

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HOUSE JOINT RESOLUTION NO. 1730

A JOINT RESOLUTION proposing an amendment to Article III, Section 29 of the State Constitution relating to impeachment of officers.

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

That Article III, Section 29 of the Florida constitution be amended as set forth below and that said resolution be submitted to the electors of Florida for ratification or rejection at the general election to be held in November, 1962:

Section 29. Impeachment of Officers. The House of Representatives shall have the sole power of impeachment. The speaker of the House may appoint a committee to investigate alleged grounds for impeachment against any officer subject to impeachment either during or between legislative sessions; but a vote of two-thirds (2/3) of all members present shall be required to impeach any officer; and all impeachments shall be tried by the Senate. When sitting for that purpose the senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds (2/3) of the Senate present. The Senate may adjourn to a fixed time for the trial of any impeachment, and may sit for the purpose of such trial whether the House of Representatives be in session or not, but the time fixed for such trial shall not be more than six (6) months from the time articles of impeachment shall be preferred by the House of Representatives. The Chief Justice shall preside at all trials by impeachment except in the trial of the Chief Justice, when the Governor shall preside. The Governor, Administrative officers of the Executive Department, Justices of the Supreme Court, and Judges of the Circuit Court shall be liable to impeachment for any misdemeanor in office, but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust or profit under the State; but the party convicted or acquitted shall nevertheless be liable to indictment, trial and punishment according to law.

Filed in Office Secretary of State June 15, 1961.

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HOUSE JOINT RESOLUTION NO. 1853

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 Pasco 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, 1962:

Section __. Civil Jury Trials in Pasco County; Location in Certain Branch Court Houses Within said County. The Legislature may, from time to time, and as the business of Pasco 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 branch court house, within said county. 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 8, 1961.

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HOUSE JOINT RESOLUTION NO. 1965

A JOINT RESOLUTION proposing revision of Article I of the Constitution of the State of Florida.

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

The following proposed revision of Article I of the Constitution of Florida is hereby agreed to and shall be submitted to the electors of the State for approval or rejection at the next general election, that is to say:

ARTICLE I

BOUNDARIES

The state boundaries are: Begin at the mouth of the Perdido River, which for the purposes of this description is defined as the point where latitude 30 degrees 16 minutes 53 seconds north and longitude 87 degrees 31 minutes 06 seconds west intersect; thence to the point where latitude 30 degrees 17 minutes 02 seconds north and longitude 87 degrees 31 minutes 06 seconds west intersect; thence to the point where latitude 30 degrees 18 minutes 00 seconds north and longitude 87 degrees 27 minutes 08 seconds west intersect; thence to the point where the center line of the Intracoastal Canal (as the same existed on June 12, 1953) and longitude 87 degrees 27 minutes 00 seconds west intersect; the same being in the middle of the Perdido River; thence up the middle of the Perdido River to the point where it intersects the south boundary of the State of Alabama, being also the point of intersection of the middle of the Perdido River with latitude 31 degrees 00 minutes 00 seconds north; thence east, along the south boundary line of the State of Alabama, the same being latitude 31 degrees 00 minutes 00 seconds north, to the middle of the Chattahoochee River; thence down the middle of said river to its confluence with the Flint River; thence in a straight line to the head of the St. Marys River; thence down the middle of said river to the Atlantic Ocean, and extending therein to a point three (3) geographic miles from the Florida coast line, meaning the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters; thence southeastwardly following a line three (3) geographic miles distant from the Atlantic coast line of the state and three (3) leagues distant from the Gulf of Mexico coast line of the state to and around the Tortugas Islands; thence northeastwardly, three (3) leagues distant from the coast line, to a point three (3) leagues distant from the coast line of the mainland; thence north and northwestwardly, three (3) leagues distant from the coast line, to a point west of the mouth of the Perdido River, three (3) leagues from the coast line, as measured on a line bearing 00 degrees 01 minutes 00 seconds west from the point of beginning; thence along said line to the point of beginning.

The legislature may extend the coastal boundaries to such limits as the laws of the United States or international law may permit.

Filed in Office Secretary of State June 15, 1961.

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HOUSE JOINT RESOLUTION NO. 1966

A JOINT RESOLUTION proposing revision of the Preamble of the Constitution of the State of Florida.

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

The following proposed revision of the Preamble of the Constitution of Florida is hereby agreed to and shall be submitted to the electors of the State for approval or rejection at the next general election, that is to say:

PREAMBLE

We, the people of the State of Florida, being grateful to Almighty God for our constitutional liberty, in order to secure its benefits, form a more perfect government, insure domestic tranquility, maintain public order, and guarantee equal civil and political rights to all, do ordain and establish this constitution.

Filed in Office Secretary of State June 15, 1961.

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HOUSE JOINT RESOLUTION NO. 1996

A JOINT RESOLUTION proposing revision of Article II of the Constitution of the State of Florida.

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

The following proposed revision of Article II of the Constitution of Florida is hereby agreed to and shall be submitted to the electors of the State for approval or rejection at the next general election, that is to say:

ARTICLE II

DIVISION OF POWERS

The powers of the government of the State shall be divided into three departments: Legislative, Executive, and Judicial. No person properly belonging to one of these departments shall exercise any powers appertaining to either of the other departments, except in cases expressly provided by this constitution.

Filed in Office Secretary of State June 15, 1961.

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SENATE JOINT RESOLUTION NO. 18-X

A JOINT RESOLUTION withdrawing Senate Joint Resolution No. 216, entitled "a joint resolution proposing an amendment to Article VII of the state constitution relating to apportionment and census."

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

That senate joint resolution No. 216 proposing to amend Article VII of the state constitution shall not be submitted to the electors of Florida for ratification or rejection at the next general election to be held in November 1962.

That the legislature does rescind the resolution No. 216 and directs the secretary of state to withdraw resolution No. 216 from the 1962 November general election ballot.

Filed in Office Secretary of State August 30, 1962.

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HOUSE JOINT RESOLUTION NO. 30-X

A JOINT RESOLUTION proposing an amendment to Article VII of the Constitution of the State of Florida, providing for apportionment of the Florida Legislature; providing for a State Census and Special Elections.

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

That the following amendment of Article VII of the Constitution of Florida is agreed to and shall be submitted to the electors of this state for ratification or rejection at the general election to be held in November, 1962:

ARTICLE VII

APPORTIONMENT AND CENSUS

Section 1. Composition of the Legislature. The legislature of the State of Florida shall consist of a senate and a house of representatives. Members of the senate shall be elected for a term of four (4) years and members of the house shall be elected for a term of two (2) years. The term of members of the legislature shall expire on the first Tuesday after the first Monday in November in each regular election year. Members of the senate and house of representatives shall be elected as provided by law. Any new county that may be created shall be entitled to one (1) member in the house of representatives in excess of any limit prescribed in the following sections of this article until the next reapportionment and the county shall be assigned when created to a senatorial district as determined by the legislature.

Section 2. Representation in the House of Representatives. Representation in the house of representatives of the Florida legislature shall be apportioned among the several counties of the state as follows: Each county shall be entitled to one representative. Each county shall have one additional representative for each representative ratio or major fraction thereof. Any county having more than four (4) representative ratios shall have one representative in addition to all others herein provided. The representative ratio shall be the quotient obtained by dividing the population of the state according to the latest federal census by the number of counties; provided that until the general election in 1964 no county shall have fewer representatives than it would have been entitled to under the Constitution of 1885, as amended in 1924.

Section 3. Senate. The representation in the senate of the Florida legislature shall consist of forty-six (46) members, each representing a district. Twenty-four (24) districts shall consist of the twenty-four (24) most populous counties according to the latest federal decennial census. Twenty-two (22) districts shall be created from the remaining counties of the state with the view of effecting as equitable representation as practical.

No county shall be divided in creating a district. No county shall be separated from the remainder of the district of which it is part by more than a county which was formerly a part of the same district in 1961.

Section 4. Legislative Apportionment. The 1963 Legislature shall be composed of the legislators elected pursuant to the Constitution of 1885, as amended, and of the additional legislators as provided for herein. If this article is ratified at the general election in November, 1962, the legislature shall be apportioned according to apportionment bills passed at the 1962 Extraordinary Session of the Legislature, provided nothing in this amendment shall prohibit any representative or senator elected in the 1962 general election pursuant to the Constitution of 1885, as amended, from serving in said office for the term for which he was elected, nor shall this amendment prohibit a senator now serving from completing his term to which he was elected, and the additional legislative offices herein created shall be filled by and at a special election to be held in the affected counties or districts, as provided by law, such election to be held within one hundred and twenty (120) days after the effective date hereof. The senators elected from the new even-numbered districts shall be elected for a term of four (4) years and the new senators elected from the odd-numbered districts shall be elected for a term of two (2) years; thereafter all senators shall be elected for four (4) year terms.

The legislature shall reapportion its representation in accordance with this article at the 1971 regular session of the legislature and every ten (10) years thereafter based upon the preceding latest federal decennial census.

In the event the legislature shall fail to reapportion the representation as required by this article, the governor shall call the legislature together in extraordinary session to consider the question of reapportionment, and such extraordinary session shall mandatorily be required to reapportion its membership before adjournment, and such extraordinary session so called shall not expire until reapportionment is effected and shall consider no business other than reapportionment.

Section 5. State Census. The legislature shall no longer be required to provide for an enumeration of the inhabitants of the state. The last preceding decennial federal census beginning with the federal census of 1960 shall also be the state census and shall control in all population acts and constitutional apportionments unless otherwise ordered by the legislature.

Section 6. If any part of this joint resolution is declared unconstitutional or null and void then the entire resolution shall be null, void and inoperative.

Filed in Office Secretary of State August 14, 1962.