|
|
||||||||||
 |
||||||||||
 |
|
||||||||||||||||||||||||||
|
|
ARTICLE IV. Legislative Department. Section 1. The Legislative power of this State shall be vested in two
distinct branches, the one to be styled the Senate, the other the House of Representatives,
and both together the "General Assembly of the State of Florida," and the style
of all the laws shall be, "Be it enacted by the Senate and House of Representatives
of the State of Florida in General Assembly convened." Section 2. The members of the House of Representatives shall be chosen
by the qualified voters, and shall serve for the term of two years from and
after the day of the first election under this amended Constitution, and no
longer; and the sessions of the General Assembly shall be annual, and commence
on the third Monday in November in each year, or at such other times as may
be prescribed by law. Section 3. The Representatives shall be chosen on the first Monday in
October, each and every second year, from and after the first election under
this amended Constitution, or on such other day as may be directed by law. Section 4. The first election for Assemblymen under this Constitution,
shall take place on the first Monday in October, eighteen hundred and sixty-two;
and the first session of the General Assembly, under this amended Constitution,
shall commence on the third Monday in November, in the year eighteen hundred
and sixty-two. Section 5. No person shall be a Representative unless he be a white
man, a citizen of the Confederate States of America, and shall have been an
inhabitant of the State two years next preceding his election, and the last
year thereof a resident of the county for which he shall be chosen, and shall
have attained the age of twenty-one years. Section 6. The Senators shall be chosen by the qualified electors for
the term of four years, at the same time, in the same manner, and in the same
places where they vote for members of the House of Representatives; and no man
shall be a Senator unless he be a white man, a citizen of the Confederate States,
and shall have been an inhabitant of this State two years next preceding his
election, and the last year thereof, a resident of the district or county for
which he shall be chosen, and shall have attained the age of twenty-five years.
Section 7. The House of Representatives, when assembled, shall choose
a Speaker and its other officers, and each House shall be judge of the qualifications,
elections and returns of its members; but a contested election shall be determined
in such manner as shall be directed by law. Section 8. A majority of each House shall constitute a quorum to do
business, but a smaller number may adjourn from day to day, and may compel the
attendance of absent members, in such manner and under such penalties as each
House may prescribe. Section 9. Each House may determine the rules of its own proceedings,
punish its members for disorderly behavior, and with the consent of two-thirds,
expel a member, but not a second time for the same cause. Section 10. Each House, during the session, may punish by imprisonment
any person not a member, for disrespectful or disorderly behavior in its presence,
or for obstructing any of its proceedings, provided such imprisonment shall
not extend beyond the end of the session. Section 11. Each House shall keep a journal of its proceedings, and
cause the same to be published immediately after its adjournment; and the yeas
and nays of the members of each House shall be taken and entered upon the journals
upon the final passage of every bill, and may, by any two members, be required
upon any other question; and any member of either House shall have liberty to
dissent from or protest against any act or resolution which he may think injurious
to the public or an individual, and have the reasons of his dissent entered
on the journal. Section 12. Senators and Representatives shall, in all cases, except
treason, felony or breach of the peace, be privileged from arrest during the
session of the General Assembly, and in going to or returning from the same,
allowing one day for every twenty miles such member shall reside from the place
at which the General Assembly is convened; and for any speech or debate in either
House, they shall not be questioned in any other place. Section 13. The General Assembly shall make provision by law for filling
vacancies that may occur in either House by the death, resignation (or otherwise)
of any of its members. Section 14. The doors of each house shall be open, except on such occasions
as in the opinion of the House the public safety may imperiously require secrecy.
Section 15. Neither House shall, without the consent of the other, adjourn
for more than three days, nor to any other place than that in which they may
be sitting. Section 16. Bills may originate in either House of the General Assembly,
and all bills passed by one House may be discussed, amended or rejected by the
other; but no bill shall have the force of law until on three several days it
be read in each House and free discussion be allowed thereon, unless, in cases
of urgency, four-fifths of the House in which the same shall be depending, may
deem it expedient to dispense with the rule; and every bill having passed both
Houses, shall be signed by the Speaker and President of their respective Houses.
Section 17. Each member of the General Assembly shall receive from the
public treasury such compensation for his services as may be fixed by law, but
no increase of compensation shall take effect during the term for which the
Representatives were elected when such law was passed. Section 18. The number of members of the House of Representatives shall
never exceed sixty. Section 19. The sessions of the General Assembly shall not extend in
duration over thirty days, unless it be deemed expedient by a concurrent majority
of two-thirds of the members of each House, and no member shall receive pay
from the State for his services after the expiration of sixty days continuously
from the commencement of the session. Section 20. The General Assembly may by law authorize the Circuit Court
to grant licenses for building toll-bridges and to establish ferries, and to
regulate the tolls of both; to construct dams across streams not navigable;
to ascertain and declare what streams are navigable; but no special law for
such purpose shall be made. Section 21. The General Assembly shall pass a general law prescribing
the manner in which names of persons may be changed, but no special law for
such purpose shall be passed; and no law shall be made allowing married women
or minors to contract or to manage their estates, or to legitimate bastards.
Section 22. The General Assembly shall have power to tax the lands and
slaves of non-residents higher than the like property of residents. Section 23. The public lands accruing to the State in consequence of
the dissolution of the late Union between Florida and the United States, shall
be applied exclusively to the payment of the debt and necessary expenses of
the State, and no law shall be passed granting such lands for any other purpose.
Section 24. The General Assembly shall pass a general law for
the incorporation of towns, religious, literary, scientific, benevolent, military
and other associations, not commercial, industrial or financial, but no special
act incorporating any such associations shall be passed. Section 25. No act incorporating any railroad, banking, insurance, commercial,
industrial, or financial corporation, shall be introduced into the General Assembly,
unless the person or persons applying for such incorporation shall have deposited
with the Treasurer the sum of one hundred dollars as a bonus to the State. Section 26. Officers shall be removed from office for incapacity, misconduct,
or neglect of duty; and where no special mode of trial is provided by the Constitution,
the General Assembly shall pass a law providing the mode in which such trials
shall be had, which shall be before a jury and in the Circuit Court. Section 27. The General Assembly shall have power to create special tribunals for the trial of offenses committed by slaves, free negroes and mulattoes; and until the General Assembly otherwise provides, there is hereby created a Court in each county, which shall consist of two Justices of the Peace, and twelve citizens, being qualified Jurors of the county, who shall have power to try all cases of felony committed in their county by slaves, free negroes and mulattoes. A majority of said Court may pronounce judgment, and all trials before it shall be had upon the statement of the offense in the warrant of arrest, and without presentment or indictment by a Grand Jury. The Sheriff of the county shall act as the ministerial officer of said Court, and the citizens who, with the Justices, are to compose the same, shall be selected by said Justices and summoned to attend by the Sheriff; and appeals from the judgment of said Court shall be had to the Circuit Court of the county upon an order made by the Judge thereof, upon an inspection of the record of the trial, full minutes of which shall be made by the said Justices, and such appeal, when allowed, shall operate as a supersedeas of the judgment.
|
|
||||||||||||||||||||||||
