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 1. All Militia officers shall be elected or appointed, under such rules and regulations as the General Assembly may from time to time direct and establish.

Section 2. All offenses against the Militia laws shall be tried by Court Martial, or before a court and jury, as the General Assembly may direct.

Section 3. No commission shall be vacated except by sentence of a Court Martial.


Taxation and Revenue.

Section 1. The General Assembly shall devise and adopt a system of revenue, having regard to an equal and uniform mode of taxation, throughout the State.

Section 2. No other or greater amount of tax or revenue shall at any time be levied, than may be required for the necessary expenses of the Government.

Section 3. No money shall be drawn from the Treasury but in consequence of an appropriation by law, and a regular statement of the receipts and expenditures of all public monies shall be published and promulgated annually with the laws of the General Assembly.