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ARTICLE
IV. 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 of the State at the time and places
of voting for members of the Legislature, and shall hold his office for four
years from the time of his installation, but shall not be eligible for re-election
to said office the next succeeding term; Provided, That the first election
for Governor under this Constitution shall be had at the time and places of
voting for members of the Legislature and State officers, A. D. 1888, and the
term of office of the Governor then elected shall begin on the first Tuesday
after the first Monday in January after his election. Section
3. No person
shall be eligible to the office of Governor who is not a qualified elector,
and who has not been ten years a citizen of the United States, and five years
a citizen and resident of the State of Florida, next preceding the time of his
election; Provided, That these limitations of time shall not apply to
the President of the Senate or Speaker of the House of Representatives when,
under this Constitution, the powers and duties of Governor shall devolve upon
them. 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. The Governor
shall transact all Executive business with the officers of the Government, civil
and military, and may require information in writing from the administrative
officers of the Executive Department upon any subject relating to the duties
of their respective offices. Section
6. The Governor
shall take care that the laws be 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 va Section
8. The Governor
may, on extraordinary occasions, convene the Legislature by proclamation, and
shall in his proclamation state the purpose for which it is to be convened,
and the Legislature when organized shall transact no legislative business other
than that for which it is especially convened, or such other legislative business
as the Governor may call to its attention while in session, except by a two-thirds
vote of each House. Section
9. The Governor
shall communicate by message to the Legislature at each regular session information
concerning 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 be 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, for all offenses, except in
cases of impeachment. In cases of 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 disposition of such case, the sentence shall be
enforced at such time and place as the Governor may direct. He shall communicate
to the Legislature, at the beginning of every session, every case of fine or
forfeiture remitted, or reprieve, 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 prescribed by law relative
to the manner of applying for pardons. Section
13. 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 upon any question
affecting his Executive powers and duties, and the Justices shall render such
opinion in writing. Section
14. All grants
and commissions shall be in the name and under the authority of the State of
Florida, sealed with the great seal of the State, signed by the Governor, and
countersigned by the Secretary of State. Section
15. All officers
that shall have been appointed or elected, and that are not liable to impeachment,
may be suspended from office by the Governor for malfeasance, or misfeasance,
or neglect of duty in office, for the commission of any felony, or for drunkenness
or incompetency, and the cause of suspension shall be communicated to the officer
suspended and to the Senate at its next session. And the Governor, by and with
the consent of the Senate, may remove any officer, not liable to impeachment,
for any cause above named. Every suspension shall continue until the adjournment
of the next session of the Senate, unless the officer suspended shall, upon
the recommendation of the Governor, be removed; but the Governor may reinstate
the officer so suspended upon satisfactory evidence that the charge or charges
against him are untrue. If the Senate shall refuse to remove, or fail to take
action Section
16. The Governor
shall appoint all commissioned officers of the State Militia, including an Adjutant
General for the State. The Adjutant General shall be the chief officer of the
Governor's staff, with the rank of Major General. His duties and compensation
shall be prescribed by law; Provided, That this Constitution shall work
no vacancy in the office of Adjutant General, as now constituted, until the
expiration of the present term. Section
17. The Governor
and the administrative officers of the Executive Department shall constitute
a Board of Commissioners of State Institutions, which Board shall have supervision
of all matters connected with such institutions in such manner as shall be prescribed
by law. Section
18. The Governor shall have power to disapprove of any item or items of
any bills making appropriations of money embracing distinct items, and the part
or parts of the bill approved shall be the law, and the item or items of appropriation
disapproved shall be void, unless repassed according to the rules and limitations
prescribed for the passage of other bills over the Executive veto. Section
19. In case of
the impeachment of the Governor, his removal from office, death, resignation
or inability to discharge his official duties, the powers and duties of Governor
shall devolve upon the President of the Senate for the residue of the term,
or until the disability shall cease; and in case Section
20. The Governor
shall be assisted by administrative officers as follows: A Secretary of State,
Attorney General, Comptroller, Treasurer, Superintendent of Public Instruction,
and Commissioner of Agriculture, who shall be elected at the same time as the
Governor, and shall hold their offices for the same term; Provided, That
the first election of such officers shall be had at the time of voting for Governor
A. D. 1888. Section
21. The Secretary
of State shall keep the records of official acts of the Legislative and Executive
Departments of the Government, and shall, when required, lay the same, and all
matters relative thereto, before either branch of the Legislature; and shall
be the custodian of the Great Seal of the State. He shall also have charge of
the Capitol building and grounds, and perform such other duties as shall be
prescribed by law. Section
22. The Attorney
General shall be the legal adviser of the Governor, and of each of the officers
of the Executive Department, and shall perform such other duties as may be prescribed
by law. He shall be Reporter for the Supreme Court. Section
23. The Comptroller shall examine, audit, adjust and settle the accounts
of all officers of the State and perform such other duties as may be prescribed
by law. Section
24. The Treasurer shall receive and keep all funds, bonds, and other securities,
in such manner as may be prescribed by law, and shall disburse no funds, nor
issue bonds, or other securities, except upon the order of the Comptroller countersigned
by the Governor, Section
25. The Superintendent
of Public Instruction shall have supervision of all matters pertaining to public
instruction; the supervision of State buildings devoted to educational purposes,
and perform such other duties as the Legislature may provide by law. Section
26. The Commissioner
of Agriculture shall perform such duties in relation to agriculture as may be
prescribed by law; shall have supervision of all matters pertaining to the public
lands under regulations prescribed by law, and shall keep the Bureau of Immigration.
He shall also have supervision of the State Prison, and shall perform such other
duties as may be prescribed by law. Section
27. Each officer
of this Department shall make a full report of his official acts, of the receipts
and expenditures of his office, and of the requirements of the same, to the
Governor at the beginning of each regular session of the Legislature, or whenever
the Governor shall require it. Such report, shall be laid before the Legislature
by the Governor at the beginning of each regular session thereof. Either House
of the Legislature may at any time call upon any officer of this department
for information required by it. Section
28. The administrative officers of the Executive Department shall be installed
on the same day as the Governor. Section
29. The salary of the Governor of the State shall be thirty-five hundred
dollars a year, of the Comptroller two thousand dollars, of the State Treasurer
two thousand dollars, of the Secretary of State fifteen hundred dollars, of
the Attorney General fifteen hundred dollars, of the Commissioner of Agriculture
fifteen hundred dollars,
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