Constitution of 1865

In October 1865, delegates convened to reestablish Florida as part of the United States by revoking the state’s Ordinance of Secession and passing a new state constitution. The state remained under martial law, however, and Congress refused to seat legislators from the former Confederate states until more stringent requirements were met. Florida ultimately scrapped the Constitution of 1865 in favor of a new version created in 1868.

Constitution of 1865


Section 16. Vacancies that happen in offices, the appointment to which is vested in the General Assembly, or given to the Governor, with the advice and consent of the Senate, shall be filled by the Governor during the recess of the General Assembly, by granting commissions which shall expire at the end of the next session.

Section 17. Every bill which shall have passed both Houses of the General Assembly, shall be presented to the Governor; if he approve, he shall sign it; but if not, he shall return it with his objections to the House in which it shall have originated, who shall enter the objections at large upon the journals, and proceed to reconsider it; and if, after such reconsideration, two-thirds of the whole number voting shall agree to pass the bill, it shall be sent with the objections to the other House, by which it shall be reconsidered; and if approved by two-thirds of the whole number voting, it shall become a law: but in such cases the votes of both Houses shall be by yeas and nays, and the names of the members voting for or against the bill shall be entered on the journals of each House respectively; and if any bill shall not be returned by the Governor within five days (Sundays excepted,) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly by their adjournment prevent its return, in which case it shall not be law.

Section 18. Every order, resolution or vote to which the concurrence of both Houses may be necessary, (except on questions of adjournment,) shall