Imágenes de páginas
PDF
EPUB

Laws restricted

SEC. 14. Each law enacted in the Legislature shall embrace to one subject. but one subject, and matter properly connected therewith, which

Amendment and revision of laws.

Formalities in passing bills.

How moneys shall be drawn from treasury. Statement of finances.

Cases in which special or local laws are prohibited.

Laws shall be uniform.

subject shall be briefly expressed in the title, and no law shall be amended or revised by reference to its title only; but in such case, the act as revised, or section as amended, shall be re-enacted and published at length.

15 Fla., 680; 14 Fla., 285; 15 Fla., 369, 735, 739.

SEC. 15. Every bill shall be read by sections on three several days in each House, unless in case of emergency two-thirds of the house where such bill may be pending shall deem it expedient to dispense with this rule; but the reading of a bill by sections on its final passage shall in no case be dispensed with; and the vote on the final passage of every bill, or joint resolution, shall be taken by yeas and nays, to be entered in the journal of each House, and a majority of the members present in each House shall be necessary to pass every bill or joint resolution, and all bills or joint resolutions so passed shall be signed by the presiding officers of the respective Houses, and by the Secretary of the Senate and Clerk of the Assembly.

SEC. 16. No money shall be drawn from the Treasury except by appropriation made by law, and accurate statements of the receipts and expenditures of the public money shall be attached to and published with the laws passed at every regular session of the Legislature.

Sections 8, 9, 10, 11, 12, 13, 14, 15 and 16, Art. 4, Const. of 1858.

SEC. 17. The Legislature shall not pass special or local laws in any of the following enumerated cases; that is to say, regulating the jurisdiction and duties of any class of officers, or for the punishment of crime or misdemeanor; regula[ting] the practices of courts of justice; providing for changing venue of civil and criminal cases; granting divorces; changing the names of persons; vacating roads, town plats, streets, alleys, and public squares; summoning and empannelling grand and petit juries, and providing for their compensation; regulating county, township, and municipal business; regulating the election of county, township, and municipal officers; for the assessment and collection of taxes, for State, county, and municipal purposes; providing for opening and conducting elections for State, county, and municipal officers, and designating the places of voting; providing for the sale of real estate belonging to minors or other persons laboring under legal disabilities; regulating the fees of officers.

17 Fla., 238.

SEC. 18. In all cases enumerated in the preceding section, and in all other cases where a general law can be made applicable, all laws shall be general and of uniform operation throughout the State.

SEC. 19. Provision may be made by general law for bringing suit against the suit against the State as to all liabilities now existing or hereafter originating.

State. Lotteries prohibited.

County, town

SEC. 20. Lotteries are hereby prohibited in this State. SEC. 21. The Legislature shall establish a uniform system of hip and mucounty, township, and municipal government.

nicipal govern

inent.

General law for corрогаtions required.

SEC. 22. The Legislature shall provide by general law for incorporating such municipal, educati mal, agricultural, me- certain corpora chanical, mining, and other useful companies or associations as may be deemed necessary.

17 Fla., 238.

for jurors.

SEC. 23. No person who is not a qualified clector of this Qualifications State, or any person who shall have been convicted of bribery, forgery, perjury, larceny, or other high crime, unless restored to civil rights, shall be permitted to serve on juries.

ence in elections.

SEC. 24. Laws shall be passed regulating elections, and pro- Undue influ hibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice. SEC. 25. Regular sessions of the Legislature may extend to Duration of sessixty days, but any special session convened by the Governor sion of the Legshall not exceed twenty days.

islature.

wife not liable

SEC. 26. All property, both real and personal, of the wife, Property of owned by her before marriage, or acquired afterward by gift, for husband's devise, descent or purchase, shall be her separate property, and debts. not liable for the debts of her husband.

16 Fla., 83.

County, State

vided for by

shall be elected

how exercised.

bilis may be

SEC. 27. The Legislature shall provide for the election by and municipal the people, or appointment by the Governor, of all State officers not pro county, or municipal officers not otherwise provided for by this Constitution, Constitution, and fix by law their duties and compensation. or appoi .ted. SEC. 28. Every bill which may have passed the Legislature Veto power of shall, before becoming a law, be presented to the Governor; if the Governor, he approves it he shall sign it, but if not he shall return it with his objections to the house in which it originated, which house shall cause such objections to be entered upon its jour nal, and proceed to reconsider it; if, after such reconsideration, How vetoed it shall pass both houses by a two-thirds vote of the members come laws. present, which vote shall be entered on the journal of each house, it shall become a law. If any bill shall not be returned Bills not rewithin five days after it shall have been presented to the Gov- turned in five ernor, (Sundays excepted,) the same shall be a law, in like manner as if he had signed it. If the Legislature, by its final When bills left adjournment, prevent such action, such bill shall be a law, upon adjournunless the Governor, within ten days next after the adjourn- come laws. ment, shall file such bill with his objections thereto in the office. of the Secretary of State, who shall lay the same before the Legislature at its next session, and if the same shall receive two-thirds of the votes present it shall become a law. Sections 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28, Art. 4, Const. of 1838.

days to be laws.

ment shall be

Impeachment trials.

Laws making

SEC. 29. The Assembly shall have the sole power of impeachment; but a vote of two-thirds 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 of the Senators present. The Senate may adjourn to a fixed day for the trial of any impeachment, and may sit for the purpose of such trial whether the Assembly be in session or not; but the time fixed for such trial shall not be more than six months from the time articles of impeachment shall be preferred by the Assembly. The Chief-Justice shall preside at all trials by impeachment except in the trial of the Chief-Justice, when the Lieutenant-Governor shall preside. The Governor, LieutenantGovernor, members of the Cabinet, 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 acquired shall, nevertheless, be liable to indictment, trial, and punishment, according to law. All other officers who shall have been appointed to office by the Governor, and by and with the consent of the Senate, may be removed from office upon the recommendation of the Governor and consent of the Senate; but they shall, nevertheless, be liable to indictment, trial, and punishment according to law for any misdemeanor in office. All other civil officers shall be tried for misdemeanor in office in such manner as the Legislature may provide.

Amendment of 1875. 12 Fla., 653.

SEC. 30. Laws making appropriation for the salaries of pubappropriations. lic officers, and other current expenses of the State, shall contain provisions on no other subject.

U. S. Senators, how elected.

14 Fla., 283.

SEC. 31. The Legislature shall elect United States Senators in the manner prescribed by the Congress of the United States and by this Constitution.

Sections 30 and 31, Art. 4, Const. of 1868.

ARTICLE V.

Exe utive pow

EXECUTIVE DEPARTMENT.

SECTION 1. The supreme executive power of the State shall er, how vested. be vested in a Chief Magistrate, who shall be styled the Governor of Florida.

Governor, how

SEC. 2. The Governor shall be elected by the qualified elecelected, when, tors at the time and places of voting for the members of the Legislature, and shall hold his office for four years from the

and term.

time of his installation: Provided, That the term of the first
Governor elected under this Constitution shall expire at the
opening of the regular session of the Legislature of A. D. 1873,
and until his successor shall be qualified. He shall take the Oath.
oath of office prescribed for all State officers.

SEC. 3. No person shall be eligible to the office of Governor Who eligible. who is not a qualified elector, and who has not been nine years

a citizen of the United States, and three years a citizen of the

State of Florida, next preceding the time of his election.

mander in-chief

SEC. 4. The Governor shall be Commander-in-Chief of the Shall be commilitary forces of the State, except when they shall be called into the service of the United States.

executive busi

SEC. 5. He shall transact all executive business with the offi- Shall transact cers of the government, civil and military, and may require in- ness. formation in writing from the officers of the administrative de- May require inpartment upon any subject relating to the duties of their re- departments. spective offices.

formation from

To see to exe

SEC. 6. He shall see that the laws are faithfully executed. cution of laws. SEC. 7. When any office, from any cause, shall become va- May fill vacancant, and no mode is provided by this Constitution or by the cies, when. laws of the State for filling such vacancy, the Governor shall have the power to fill such vacancy by granting a commission, which shall expire at the next election.

14 Fla., 9, 252; 13 Fla., 9.

ture.

SEC. 8. The Governor may, on extraordinary occasions, con- when may convene the Legislature by proclamation, and shall state to both yene Legisla Houses, when organized, the purpose for which they have been convened, and the Legislature then shall transact no legisla- Extent of pow tive business except that for which they are especially con- ers when convened, or such other legislative business as the Governor may call to the attention of the Legislature while in session, except by the unanimous consent of both Houses.

vened.

care condition

SEC. 9. He shall communicate by message to the Legislature shall communiat each regular session the condition of the State, and recom- of State to each mend such measures as he may deem expedient.

session.

between houses

SEC. 10. In case of a disagreement between the two Houses Powers in case with respect to the time of adjournment, the Governor shall of disagreement have power to adjourn the Legislature to such time as he may as to adjourn think proper, provided it is not beyond the time fixed for the ment. meeting of the next Legislature.

Art. 5, Const. of 1838.

collection of

SEC. 11. The Governor shall have power to suspend the col- May suspend lection of fines and forfeitures, and grant reprieves for a period fes and fornot exceeding sixty days, dating from the time of conviction, feitures, and for all offences, except in cases of impeachment. Upon convic. grant repriev8. tion for treason he shall have power to suspend the execution In cases of treaof sentence until the case shall be reported to the Legislature son, his powers. at its next session, when the Legislature shall either pardon, direct the execution of the sentence, or grant a further re

prieve; and if the Legislature shall fail or refuse to make final disposition of such case, the sentence shall be enforced at such Shall communi- time and place as the Governor may by his order direct. The cate fines remit Governor shall communicate to the Legislature, at the beginning

ted and pardons.

Pardoning

power, where vested.

Forms of grants

and commissions.

Lieut-Governor election of.

Power and duties of.

of every session, every case of fine or forfeiture remitted or reprieved, pardon or commutation granted, stating the name of the convict, the crime for which he was convicted, the sentence, its date, and the date of its remission, commutation, pardon, or reprieve.

SEC. 12. The Governor, Justices of the Supreme Court, and Attorney-General, or a major part of them, of whom the Governor shall be one, may, upon such conditions, and with such limitations and restrictions as they may deem proper, remit fines and forfeitures, commute punishment, and grant pardons after conviction, in all cases, except treason and impeachment, subject to such regulations as may be provided by law relative to the manner of applying for pardons.

14 Fla., 318; 4 Wall., 350.

SEC. 13. All grants and commissions shall be in the name, and under the authority of the State of Florida, sealed by the great seal of the State, signed by the Governor, and countersigned by the Secretary of State.

Secs, 11, 12 and 13, Art. 5, Const. of 1868.

SEC. 14. A Lieutenant-Governor shall be elected at the same time and places and in the same manner as the Governor, whose term of office and eligibility shall also be the same. He shall be the President of the Senate, but shall only have a casting vote therein. In the case of the impeachment of the Governor, or his removal from office, death, inability to discharge his official duties, or resignation, the power and duties of the office shall devolve upon the Lieutenant-Governor for the residue of the term, or until the disab lity shall cease. In case of the impeachment of the Lieutenant-Governor, or his removal from office, death, inability to discharge his official duties, or resignation, the power and duties of the office shall deVacancy in the volve upon the President pro tem. of the Senate. In case a vaernor and Lien- cancy shall occur both in the offices of Governor and Lieutenant-Governor, the Legislature shall, at its next session, order an election to fill such vacancies. But the Governor shall not, without the consent of the Legislature, be out of the State in time of war.

office of Gov

tenant-Gov

ernor.

Amendment of 1875.

13 Fla., 20, 21; 12 Fla.. 190.

SEC. 15. Section fifteen of Article five of the Constitution is hereby abrogated.

Amendment of 1875.

« AnteriorContinuar »