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 20. 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 association shall be passed.

Section 21 . No act incorporating any Railroad, Banking, Insurance, Commercial or Financial corporation shall be introduced into the General Assembly, unless the person or persons applying for such corporation shall have deposited with the Treasurer the sum of one hundred dollars as a bonus to the State.

Section 22. Officers shall be removed from office for incapacity, misconduct or neglect of duty, in such manner as may be provided by law, when no mode of trial or removal is provided in this Constitution.


Judicial Department.

Section 1. The Judicial power of this State, both as to matters of law and equity, shall be vested in a Supreme Court, Courts of Chancery, Circuit Courts, and Justices of the Peace, provided the General Assembly may also vest such civil or criminal jurisdiction as may be necessary in Corporation Courts, and such other courts as the General Assembly may establish; but such jurisdiction shall not extend to capital cases.