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


but whenever, by reason of danger from an enemy, or from disease, the Governor may deem the capital unsafe, he may, by proclamation, fix the seat of government at some secure place within the State, until such danger shall cease.

Section 22. No person shall hold the office of Governor and any other office or commission, civil or military, either in this State, or under any State, or the United States, or any other power, at one and the same time, except the Lieutenant Governor or the Speaker of the House of Representatives, when he shall hold the office as aforesaid.

Section 23. A State Treasurer and Comptroller of Public Accounts shall be elected by the qualified electors of the State at the same time, and who shall continue in office for the same term of years as the Governor of the State, and until their successors shall have been duly commissioned and qualified.


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 the laws shall be, "Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened."