CONSTITUTION OF THE STATE OF FLORIDA, ADOPTED FEBRUARY 25, 1868. PREAMBLE. Constitution. We, the people of the State of Florida, grateful to Al- Purposes of the mighty God for our freedom, in order to secure its blessings and form a more perfect government, insuring domestic tranquillity, maintaining public order, perpetuating liberty, and guaranteeing equal civil and political rights to all, do establish this Constitution. DECLARATION OF RIGHTS. inalienable SECTION 1. All men are by nature free and equal, and have Natural and certain inalienable rights, among which are those of enjoying rights. and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness. 12 Fla., 191. SEC. 2. All political power is inherent in the people. Gov- Purposes of ernment is instituted for the protection, security, and benefit government. of its citizens, and they have the right to alter or amend the same whenever the public good may require it; but the para- Paramount mount allegiance of every citizen is due to the Federal Gov. allegiance. ernment, and no power exists with the people of this State to dissolve its connection therewith. 13 Fla., 451. SEC. 3. The right of trial by jury shall be secured to all, and Trial by jury, remain inviolate forever; but in all civil cases a jury trial may and when it be waived by the parties in the manner to be prescribed by law. may be waived. freedom. SEC. 4. The free exercise and enjoyment of religious profes- Religious sion and worship shall forever be allowed in this State, and no person shall be rendered incompetent as a witness on account of his religious opinions; but the liberty of conscience hereby secured shall not be so construed as to justify licentiousness or practices subversive of the peace and safety of the State. SEC. 5. The privilege of the writ of habeas corpus shall not corpus may be be suspended unless when, in case of invasion or rebellion, the public safety may require its suspension. When habeas suspended. Excessive bail and fines. Bailable offences. When trials must be by pre what may be otherwise. SEC. 6. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment be inflicted, nor shall witnesses be unreasonably detained. SEC. 7. All persons shall be bailable by sufficient sureties, unless for capital offences when the proof is evident, or the presumption great. SEC. 8. No person shall be tried for a capital or otherwise sentment or im infamous crime, except in cases of impeachment, and in cases peachment, and of the militia when in active service in time of war, or which the State may keep, with the consent of Congress, in time of peace, and in cases of petit larceny, under the regulation of the Legislature, unless on presentment and indictment by a grand jury; and in any trial, by any court, the party accused shall be allowed to appear and defend in person and with counoffence, not to sel, as in civil actions. No person shall be subject to be twice against himself, put in jeopardy for the same offence, nor shall be compelled in prived of prop- any criminal case to be a witness against himself, nor be deprived of life, liberty or property without due process of law; nor shall private property be taken without just compensation. Not to be tried twice for same be witness nor to be de erty without due process of law. Liberty of speech and press. Truth may be given in evidence in libel. People may assemble. Right of petition. Uniform operation of laws. Subordination of military to civil power. When soldiers may be quar 13 Fla., 652; 15 Fla., 421. SEC. 9. Every citizen may fully speak and write his sentiments on all subjects, being responsible for the abuse of that right, and no law shall be passed to restrain or abridge the liberty of speech or the press. In all criminal prosecutions and civil actions for libel the truth may be given in evidence to the jury, and if it shall appear that the matter charged as libellous is true, but was published for good motives, the party shall be acquitted or exonerated. SEC. 10. The people shall have the right to assemble together to consult for the common good, to instruct their representatives, and to petition the Legislature for redress of grievances. SEC. 11. All laws of a general nature shall have a uniform operation. SEC. 12. The military shall be subordinate to the civil power. SEC. 13. No soldier shall, in time of peace, be quartered in any house, except with the consent of the owner, nor in time tered in houses. of war, except in manner prescribed by law. Apportionment SEC. 14. Representation shall be apportioned according to of representa population, as well as may be; but no county shall have more than four representatives, or less than one representative, in the Assembly. Imprisonment for debt. SEC. 15. No person shall be imprisoned for debt, except in case of fraud. SEC. 16. No bill of attainder, or er post facto law, or law im- Bills of atpairing the obligations of contracts, shall ever be passed. facto laws, laws 13 Fla., 417, 461; 15 Wail., 610; 15 Fla.. 658. ainder, ex post impairing obligations of con tracts. fi le residents. SEC. 17. Foreigners who are, or who may hereafter become, Rights of forbona fide residents of the State, shall enjoy the same rights in eigners bona respect to the possession, enjoyment, and inheritance of property as native-born citizens. SEC. 18. Neither slavery nor involuntary servitude, unless slaver not to for the punishment of crime, shall ever be tolerated in this be tolerated. State. secure against SEC. 19. The rights of the people to be secure in their per- People shall be sons, houses, papers, and effects, against unreasonable seizures unreasonable and searches, shall not be violated; and no warrants issued seizures. but in probable cause, supported by oath or affirmation, par-rants, when to ticularly describing the place or places to be searched, and the issue. person or persons, and thing or things to be seized. Search war mony necessary SEC. 20. Treason against the State shall consist only in Treason, what levying war against it, adhering to its enemies, or giving them shall be testi aid and comfort; and no person shall be convicted of treason for conviction. unless on the testimony of two witnesses to the same overt act or confession in open court. the Union. SEC. 21. This State shall ever remain a member of the Ameri- Permanency of can Union, the people thereof a part of the American nation, and any attempt, from whatever source, or upon whatever pretence, to dissolve said Union, or to sever said nation, shall be resisted with the whole power of the State. SEC. 22. The people shall have the right to bear arms in de- Right to bear fence of themselves and of the lawful authority of the State. arms. SEC. 23. No preference can be given by law to any church, equality. sect, or mode of worship. Religious SEC. 24. This enunciation of rights shall not be construed Retained to impair or deny others retained by the people. ARTICLE I. BOUNDARIES. rights. The boundaries of the State of Florida shall be as follows: General boundaries. Commencing at the mouth of the river Perdido; from thence up the middle oť said river to where it intersects the south boundary line of the State of Alabama and the thirty-first degree of north latitude; then due east to the Chattahoochee river; then down the middle of said river to its confluence with the Flint river; from thence straight to the head of the St. Mary's river; then down the middle of said river to the Atlantic ocean; thence southeastwardly along the coast to the edge of the Gulf Stream; thence southwestwardly along the edge of the Gulf stream and Florida Reefs, to and including the Tortugas Islands; thence northeastwardly to a point three leagues from the mainland; thence northwestwardly three Seat of govern ment, how changed. General distribution of powers. Blending pow different de leagues from the land to a point west of the mouth of the Perdido river; thence to the place of beginning. ARTICLE II. SEAT OF GOVERNMENT. The seat of government shall be and remain permanent at the City of Tallahassee, in the County of Leon, until otherwise located by a majority vote of the Legislature, and by a majority vote of the people. Arts. 1 and 2, Const. of 1868. ARTICLE III. DISTRIBUTION OF POWERS. The powers of the government of the State of Florida shall be divided into three departments: Legislative, Executive and ers belonging to Judicial; and no person properly belonging to one of the departments shall exercise any functions appertaining to either of the others, except in those cases expressly provided for by this Constitution. partments prohibited. Art. 3, Const. of 1888. 12 Fla., 191; 15 Fla.. 791. Legislative power vested. ARTICLE IV. LEGISLATIVE DEPARTMENT. SECTION 1. The legislative authority of this State shall be vested in a Senate and Assembly, which shall be designated Where sessions "The Legislature of the State of Florida," and the sessions thereof shall be held at the seat of government of the State. Sec. 1, Art. 4, Const. of 1868. shall be held. Biennial sessions. When members of Assembly 13 Fla., 393; 12 Fla., 190; 14 Fla., 587; 16 Fla., 330, 791. SEC. 2. From and after the first Tuesday after the first Monday in January A. D. one thousand eight hundred and seventyseven, the regular sessions of the Legislature shall be held biennially, commencing on said day, and on the corresponding day of every second year thereafter; but the Governor may convene the same in extra session by his proclamation. Amendment of 1875. 15 Fla., 739. SEC. 3. The members of the Assembly shall be chosen biennially, those of the first Legislature on the first Monday, Tuesshall be chosen, day and Wednesday of May, A. D. 1868, and thereafter on the first Tuesday after the first Monday of November, commencing with the year A. D. 1870. and term. Senators, their term. SEC. 4. Senators shall be chosen for the term of four years, at the same time and place as members of the Assembly; Pro vided, That the Senators elected at the first election from the Senatorial districts designated by even numbers shall vacate their seats at the expiration of two years, and thereafter all Senators shall be elected for the term of four years, so that one-half of the whole number shall be elected biennially. tors. SEC. 5. Senators and members of the Assembly shall be duly Shall be clecqualified electors in the respective counties and districts which they represent. of members to SEC. 6. Each House shall judge of the qualifications, elec- Qualifications tions, and returns of its own members; choose its own officers, be judged by except the President of the Senate; determine the rules of its each House. General powers proceedings, and may punish its members for disorderly con- of each House. duet, and, with the concurrence of two-thirds of all the members present, expel a member. SEC. 7. Either House, during the session, may punish by im- Each House prisonment any person not a member who shall have been guilty orderly conduct may punish disof disorderly or contemptuous conduct in its presence; but such imprisonment shall not extend beyond the final adjournment of the session. Secs. 3, 4, 5, 6 and 7, Art. 4, Const. 1868. powers of a SEC. 8. A majority of each House shall constitue a quorum Quorum, and to do business, but a smaller number may adjourn from day to smaller number day, and may compel the presence of absent members in such than a quorum. manner and under such penalties as each House may prescribe. 12 Fla., 653. of State funds. elections. SEC. 9. Any person who shall be convicted of embezzlement Embezzlement or defalcation of the funds of the State, or of having given or offered a bribe to secure his election or appointment to office, or of having received a bribe to aid in the procurement of Bribes to secure office for any other person, shall be disqualified from holding any office of honor, profit, or trust in the State; and the Legislature shall, as soon as practicable, provide by law for the punishment of such embezzlement, defalcation, or bribery as a felony. journal. when to be entered. SEC. 10. Each House shall keep a journal ofits own proceed- Each House ings, which shall be published, and the yeas and nays of the hall keep members of either House on any question shall, at the desire of Yeas and nays, any three members present, be entered on the journal. SEC. 11. The doors of each House shall be kept open during Sessions to be its session, except the Senate while sitting in executive ses- public, except sion; and neither shall, without the consent of the other, ad- sions. journ for more than three days, or to any other town than that Adjournments. in which they may be holding their session. executive ses bills, and SEC. 12. Any bill may originate in either House of the Leg- Originating islature, and after being passed in one House, may be amended amendment in the other. of same. SEC. 13. The enacting clause of every law shall be as fol- Enacting lows: "The people of the State of Florida, represented in clause. Senate and Assembly, do enact as follows." |