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ARTICLE V. Executive Department. Section 1. The supreme executive power of the State shall be vested
in a Chief Magistrate, who shall be styled the Governor of Florida. Section 2. The Governor shall be elected by the qualified electors at
the time and places of voting for the members of the Legislature, and shall
hold his office for four years from the 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 of office
prescribed for all State officers. Section 3. No person shall be eligible to the office of Governor 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. Section 4. The Governor shall be Commander-in-chief of the military
forces of the State, except when they shall be called into the service of the
United States. Section 5. He shall transact all executive business with the officers
of the government, civil and military, and may require information in writing
from the officers of the administrative department upon any subject relating
to the duties of their respective offices. Section 6. He shall see that the laws are faithfully executed. Section 7. When any office, from any cause, shall become vacant, and
no mode is provided by this Constitution or by the laws of the State for filling
such vacancy, the Governor shall have the power to fill such vacancy by granting
a commission, which Section 8. The Governor may, on extraordinary occasions, convene the
Legislature by proclamation, and shall state to both houses, when organized,
the purpose for which they have been convened, and the Legislature then shall
transact no legislative business except that for which they are especially 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. Section 9. He shall communicate by message to the Legislature at each
regular session the condition of the State, and recommend such measures as he
may deem expedient. Section 10. In case of a disagreement between the two houses with respect
to the time of adjournment, the Governor shall have power to adjourn the Legislature
to such time as he may think proper, provided it is not beyond the time fixed
for the meeting of the next Legislature. Section 11. The Governor shall have power to suspend the collection
of fines and forfeitures, and grant reprieves for a period not exceeding sixty
days, dating from the time of conviction, for all offenses, except in cases
of impeachment. Upon conviction for treason he shall have power to suspend the
execution of sentence until the case shall be reported to the Legislature at
its next session, when the Legislature shall either pardon, direct the execution
of the sentence, or grant a further reprieve; and if the Legislature shall fail
or refuse to make final disposition of such case, the sentence shall be enforced
at such time and place as the Governor may by his order direct. The Governor
shall communicate to the Legislature, at the beginning 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. Section 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 Section 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. Section 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. If, during a vacancy of the office
of Governor, the Lieutenant Governor shall be impeached, displaced, resign,
die, or become incapable of performing the duties of his office, or be absent
from the State, the President pro tem. of the Senate shall act as Governor
until the office be filled or the disability cease. Section 15. 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 disability shall cease; but the Governor
shall not, without the consent of the Legislature, be out of the State in time
of war. Section 16. The Governor may at any time require the opinion of the
justices of the Supreme Court as to the interpretation of any portion of this
Constitution, or upon any point of law, and the Supreme Court shall render such
opinion in writing. Section 17. The Governor shall be assisted by a Cabinet of administrative
officers, consisting of a Secretary of State, Attorney General, Comptroller,
Treasurer, Surveyor General, Superintendent of Public Instruction, Adjutant
General, and Commissioner of Immigration. Such officers shall be appointed by
the Governor and confirmed by the Senate, and shall hold their offices the same
time as the Governor, or until their successors shall be qualified. Section 18. The Governor shall, by and with the consent of the Senate,
appoint all commissioned officers of the State militia. Section 19. The Governor shall appoint, by and with the consent of the
Senate, in each county an assessor of taxes and a collector of revenue, whose
duties shall be prescribed by law, and who shall hold their offices for two
years, and be subject to removal upon the recommendation of the Governor and
consent of the Senate. The Governor shall appoint in each county a county treasurer,
county surveyor, superintendent of common schools, and five county commissioners,
each of whom shall hold his office for two years, and the duties of each shall
be prescribed by law. Such officers shall be subject to removal by the Governor
when in his judgment the public welfare will be advanced thereby; Provided,
No officer shall be removed except for wilful neglect of duty, or a violation
of the criminal laws of the State, or for incompetency. Section 20. The Governor and Cabinet shall constitute a Board of Commissioners
of State Institutions, which board shall have supervision of all matters connected
therewith, in such manner as shall be prescribed by law. Section 21. The Governor shall have power, in cases of insurrection
or rebellion, to suspend the writ of habeas corpus within the State.
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