Page images


Taxation and Finance, 1. Taxation shall be equal and

uniform. 2. Sufficient must be raised each

year. 3. Taxes must be levied by law. 4. How money drawn from State

treasury. 5. How taxes imposed by counties

and towns.-Capitation and

license tax. 6. State bonds.-For what purpose

to be issued. 7. No taxes levied for corpora

tions. 8. Illegal taxes not to be removed

until legal taxes are paid. 9. Widows exemption from taxa

tion. 10. Credit State not to be


33. Term of office of judges appoint-

ed to fill vacancies.
34. Legislature may establish mu-

nicipal courts. 35. Establishment of other courts

forbidden. 36. Judicial officers conservators of

the peace.
37. Style of process.
38. Jurors.

! Section
7. County commissioners to divide

counties into taxation dis-
tricts.-Bonds of county offi-
cers required before commis-
sion can issue.-County officers

not go on bonds. 8. Powers of Legislature over mu1




Suffrage and Eligibility. 1. Who are qualified electors. 2. Legislature shall make registra

tion and election laws.
3. Oath of election.
4. Persons not qualified to vote.
6. Legislature shall exclude from

office and right of suffrage
persons convicted of certain

6. When vote by ballot, when viva

voce. 7. Naturalized citizens to produce

certificate or make affidavit. 8. Legislature may make poll tax

a prerequisite. 9. Purity of ballot to be preserved.

pledged.-Counties not to be stockholders in or loan credit to corporations.

ARTICLE X. Homestead and Exemptions. 1. Homestead exemption. 2. Exemption to inure to widow

and heirs. 3. To what cases exemption of

Constitution of 1868 applies. 4. Alienation of homestead not for.

bidden. 5. Homestead not to be reduced by

incorporation in city or town. 6. Laws to be passed to enforce

this article.

ARTICLE VII. Census and Apportionment. 1. What Senators and Representa

tives to compose first Legisla

ture under this Constitution. 2. Number of Senators and Repre

sentatives.-Terms of same. 3. Apportionment. 4. Organization of senatorial dis

tricts. 6. Census.


Counties and Cities. 1. Counties. 2. To remain as organized. 3. Power of Legislature as to new

counties.-Liabilities of new

counties. 4. County seats. 6. County commissioners, how ap

pointed, duties, etc. 6. County officers.-Terms of office.

ARTICLE XI. Married Women's Property. 1. Property of married woman to

remain her own.-When liable to husband's debts.

Section 2. For what debts property of

married women liable. 3. Laws to enforce this article to

be passed.

Section 3. Major and brigadier-generals. 4. When to be called out.


Public Health. 1. State and county boards of

health. 2. Powers of State board of health. 3. Powers of county board.



Education. 1. Legislature to provide system

of free schools. 2. Superintendent of public

struction. 3. State board of education,

Powers and duties. 4. State school fund.–To what ap

plied. From what derived. 5. Principal to remain inviolate. 6. One mill tax levied annually. 7. School tax, how distributed. 8. County school tax. 9. County school fund, what to

constitute. 10. School districts.-Duties of trus

tees of same.-Limitation of

school tax. 11. City or town may be school dis

trict.-Purposes for which this

fund may be used. 12. White and colored children to

be kept separate. 13. County and district school fund

to be used solely for school

purposes. 14. Normal schools. 15. Salaries of all county school

officers to be paid from county funds.


Miscellaneous Provisions. 1. Seat of government. 2. Oath of officers of State. 3. Salaries, how payable. 4. County officers to hold offices

at county site. 5. Donation of land to actual

settlers. 6. Law and decisions of Supremo

Court to be published. 7. Limit of term of office. 8. Plurality of votes to constitute

choice at elections. 9. When State is to pay costs in

criminal prosecutions. 10. What State officers to be kept

at seat of government. 11. Extra compensation to officers

and payment of certain claims
require two-thirds vote
both houses of the Legisla-



Public Institutions, 1. Institutions for insane, blind,

etc., fostered. 2. State prison, house of refuge,

workhouse. 3. Counties to provide for poor and

infirm. 4. Legislature to enforce provisions

of this article.


Militia. 1. Who are to constitute militia. 2. Legislature to provide for or

ture. 12. State seal and State emblem. 13. Qualifications required of sure

ties on all official bonds. 14. Duration of term of office of all

officers. 15. Persons holding federal or any

foreign office may not hold State office.-No one to hold two State offices at one time.

-Exceptions. 16. Property of corporations not

exempt from taxation, except a ship canal across Florida, and religious and charitable

corporations. 17. Persons holding office must give

personal attention to same. 18. Salaries to be deducted for tall

ure to perform duty.

ganization of the same,

[ocr errors]

Section 19. When amendments to Constitu

tion of United States are to

be acted on. 20. Qualifications required of Sena

tors and congressmen. 21. Deeds and mortgages duly re

corded to be evidence.--Force

and effect of copies. 22. Mechanics' lien. 23. When and how soldiers may be

quartered in private houses. 24. Inter-marriage of races pro

hibited. 25. Felony construed. 26. Legislature to make provision

for claims of Ocala for aid

given East Florida seminary. 27. Appropriation for Supreme

Court. 28. Legislature to make provision

for drainage of lands. 29. Private property not to be taken

without full compensation.How compensation is to be

ascertained. 80. Power of Legislature to correct

abuses and prevent discrimi

nation by common carriers. 81. Free passes to State officers for



Amendments. 1. Constitution, how amended. 2. General revision, how to


| Section
7. Elections to fill vacancies must

be for unexpired term.
8. Commissioner of lands and im-

migration to assume duties of

commissioner of agriculture. 9. When elections for county offi

cers occur. 10. When first election for county

officers is to be held. 11. President of convention to cer

tify copy of Constitution to

Governor. 12. Duty of Governor thereon. 13. Courts to continue as now or

ganized till changed by Legis

lature. 14. Terms of county officers, when

to commence.



Local Option. 1. Duty of county commissioners

as to elections for sale of intoxicating liquors in each county.-How such elections

are held. 2. Legislature to provide for en

forcement of this article.




1. Constitution of 1868 superseded.

--All vested rights under said

Constitution protected. 2. What laws esteemed to be in

force. 3. Persons now holding office, how

continued. 4. Lieutenant-Governor. Present

office not vacated, 5. Vacancies in office prior to elec

tion of 1888. 6. When terms of officers appoint

ed to fill vacancies expire.


Ordinance 1. 1. How this Constitution is to be

submitted to the people. 2. How Constitution is to be voted on.

Ordinance 2. 1. How article 19 is to be voted on.

Ordnancei 3. 1. Pay and mileage of members of

convention. 2. Pay of officers and attaches of

convention.-How printing is

to be paid. 3. Duty of Comptroller as to is

suing warrant to each mem

ber. 4. President to issue interest-bear

ing certificates for unpaid

balance due each member. 5. Legislature to make appropria

tion to pay such certificates. 6. Secretary of convention to audit

all accounts.


We, the people of the State of Florida, grateful to Almighty

God for our constitutional liberty, in order to secure its blessings and to form a more perfect government, insuring domestic tranquility, maintaining public order, and guaranteeing equal, civil and political rights to all, do ordain and establish this Constitution.

DECLARATION OF RIGHTS. Section 1. All men are equal before the law, and have a certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing happiness and obtaining safety.

Sec. 2. All political power is inherent in the people. Govern. ment is instituted for the protection, security and benefit of the citizens, and they have the right to alter or amend the same whenever the public good may require it; but the paramount allegiance of every citizen is due to the Federal government, and the people of this State have no power to dissolve its connection therewith.

Sec. 3. The right of trial by jury shall be secured to all, and remain in violate forever.

Sec. 4. All courts in this State shall be open, so that every person for any injury done him in his lands, goods, person or reputation shall have remedy, by due course of law, and right and justice shall be administered without sale, denial or delay.

Sec. 5. The free exercise and enjoyment of religious profession and worship shall forever be allowed in this State, and no person shall be rendered incompetent as a witness on account of his religious opinions; but the liberty of conscience hereby secured shall not be so construed as to justify licentiousness or practices subversive of, or inconsistent with, the peace or moral safety of the State or Society.

Sec. 6. No preference shall be given by law to any church, bect or mode of worship, and no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or religious denomination, or in aid of any sectarian institution.

Sec. 7. The writ of habeas corpus shall be grantable speedily and of right, freely and without cost, and shall never be sus

[ocr errors]

pended unless, in case of rebellion or invasion, the public safety may require its suspension.

Sec. 8. Excessive bail shall not be required, nor excessive fines be imposed, nor cruel or unusual punishment or indefinite imprisonment be allowed, nor shall witnesses be unreasonably detained.

Sec. 9. All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the presumption great.

Sec. 10. No person shall be tried for a capital crime or other felony, unless on presentment or indictment by a grand jury, except as is otherwise provided in this Constitution, and except in cases of impeachment, and in cases in the militia when in active service in time of war, or which the State, with the conBent of Congress, may keep, in time of peace.

Sec. 11. In all criminal prosecutions the accused shall have the right to a speedy and public trial, by an impartial jury, in the county where the crime was committed, and shall be heard by himself, or counsel, or both, to demand the nature and cause of the accusation against him, to meet the witnesses against him face to face, and have compulsory process for the attendance of witnesses in his favor, and shall be furnished with a copy of the indictment against him.

Sec. 12. No person shall be subject to be twice put in jeopardy for the same offense, nor compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property without due process of law; nor shall private property be taken without just compensation.

Sec. 13. Every person may fully speak and write his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions and civil actions for libel the truth may be given in evidence to the jury, and if it shall appear that the matter charged as libelous is true, and was published for good motives, the party shall be acquitted or exonerated.

Sec. 14. No person shall be compelled to pay costs except after conviction, on a final trial.

Sec. 15. The people shall have the right to assemble together to consult for the common good, to instruct their representatives, and to petition the Legislature for redress of grievances.

« PreviousContinue »