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Section 33. Term of office of judges appoint
ed to fill vacancies. 34. Legislature may establish mu
nicipal courts. 35. Establishment of other courts
forbidden. 36. Judicial officers conservators of
the peace. 37. Style of process. 38. Jurors.
! Section 7. County commissioners to divide
counties into taxation districts.-Bonds of county officers required before commission can issue.-County officers
not go on bonds. 8. Powers of Legislature over mu1
Suffrage and Eligibility. 1. Who are qualified electors. 2. Legislature shall make registra
tion and election laws. 3. Oath of election. 4. Persons not qualified to vote. 6. Legislature shall exclude from
office and right of suffrage persons convicted of certain
crimes. 6. When vote by ballot, when viva
voce. 7. Naturalized citizens to produce
certificate or make affidavit. 8. Legislature may make poll tax
a prerequisite. 9. Purity of ballot to be preserved.
Taxation and Finance, 1. Taxation shall be equal and
uniform. 2. Sufficient must be raised each
year. 3. Taxes must be levied by law. 4. How money drawn from State
treasury. 5. How taxes imposed by counties
and towns.-Capitation and
license tax. 6. State bonds.-For what purpose
to be issued. 7. No taxes levied for corpora
tions. 8. Illegal taxes not to be removed
until legal taxes are paid. 9. Widows exemption from taxa
tion. 10. Credit State not to be
pledged.-Counties not to be stockholders in or loan credit to corporations.
ARTICLE X. Homestead and Exemptions. 1. Homestead exemption. 2. Exemption to inure to widow
and heirs. 3. To what cases exemption of
Constitution of 1868 applies. 4. Alienation of homestead not for.
bidden. 5. Homestead not to be reduced by
incorporation in city or town. 6. Laws to be passed to enforce
ARTICLE VII. Census and Apportionment. 1. What Senators and Representa
tives to compose first Legisla
ture under this Constitution. 2. Number of Senators and Repre
sentatives.-Terms of same. 3. Apportionment. 4. Organization of senatorial dis
tricts. 6. Census.
Counties and Cities. 1. Counties. 2. To remain as organized. 3. Power of Legislature as to new
counties.-Liabilities of new
counties. 4. County seats. 6. County commissioners, how ap
pointed, duties, etc. 6. County officers.-Terms of office.
ARTICLE XI. Married Women's Property. 1. Property of married woman to
remain her own.-When liable to husband's debts.
Section 2. For what debts property of
married women liable. 3. Laws to enforce this article to
Section 3. Major and brigadier-generals. 4. When to be called out.
Public Health. 1. State and county boards of
health. 2. Powers of State board of health. 3. Powers of county board.
Education. 1. Legislature to provide system
of free schools. 2. Superintendent of public
struction. 3. State board of education,
Powers and duties. 4. State school fund.–To what ap
plied. From what derived. 5. Principal to remain inviolate. 6. One mill tax levied annually. 7. School tax, how distributed. 8. County school tax. 9. County school fund, what to
constitute. 10. School districts.-Duties of trus
tees of same.-Limitation of
school tax. 11. City or town may be school dis
trict.-Purposes for which this
fund may be used. 12. White and colored children to
be kept separate. 13. County and district school fund
to be used solely for school
purposes. 14. Normal schools. 15. Salaries of all county school
officers to be paid from county funds.
Miscellaneous Provisions. 1. Seat of government. 2. Oath of officers of State. 3. Salaries, how payable. 4. County officers to hold offices
at county site. 5. Donation of land to actual
settlers. 6. Law and decisions of Supremo
Court to be published. 7. Limit of term of office. 8. Plurality of votes to constitute
choice at elections. 9. When State is to pay costs in
criminal prosecutions. 10. What State officers to be kept
at seat of government. 11. Extra compensation to officers
and payment of certain claims
ture. 12. State seal and State emblem. 13. Qualifications required of sure
ties on all official bonds. 14. Duration of term of office of all
officers. 15. Persons holding federal or any
foreign office may not hold State office.-No one to hold two State offices at one time.
-Exceptions. 16. Property of corporations not
exempt from taxation, except a ship canal across Florida, and religious and charitable
corporations. 17. Persons holding office must give
personal attention to same. 18. Salaries to be deducted for tall
ure to perform duty.
Section 19. When amendments to Constitu
tion of United States are to
be acted on. 20. Qualifications required of Sena
tors and congressmen. 21. Deeds and mortgages duly re
corded to be evidence.--Force
and effect of copies. 22. Mechanics' lien. 23. When and how soldiers may be
quartered in private houses. 24. Inter-marriage of races pro
hibited. 25. Felony construed. 26. Legislature to make provision
for claims of Ocala for aid
given East Florida seminary. 27. Appropriation for Supreme
Court. 28. Legislature to make provision
for drainage of lands. 29. Private property not to be taken
without full compensation.How compensation is to be
ascertained. 80. Power of Legislature to correct
abuses and prevent discrimi
nation by common carriers. 81. Free passes to State officers for
Ordinance 1. 1. How this Constitution is to be
submitted to the people. 2. How Constitution is to be voted on.
Ordinance 2. 1. How article 19 is to be voted on.
Ordnancei 3. 1. Pay and mileage of members of
convention. 2. Pay of officers and attaches of
convention.-How printing is
to be paid. 3. Duty of Comptroller as to is
suing warrant to each mem
ber. 4. President to issue interest-bear
ing certificates for unpaid
balance due each member. 5. Legislature to make appropria
tion to pay such certificates. 6. Secretary of convention to audit
PREAMBLE. We, the people of the State of Florida, grateful to Almighty
God for our constitutional liberty, in order to secure its blessings and to form a more perfect government, insuring domestic tranquility, maintaining public order, and guaranteeing equal, civil and political rights to all, do ordain and establish this Constitution.
DECLARATION OF RIGHTS.
Section 1. All men are equal before the law, and have a certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing happiness and obtaining safety.
Sec. 2. All political power is inherent in the people. Govern. ment is instituted for the protection, security and benefit of the citizens, and they have the right to alter or amend the same whenever the public good may require it; but the paramount allegiance of every citizen is due to the Federal government, and the people of this State have no power to dissolve its connection therewith.
Sec. 3. The right of trial by jury shall be secured to all, and remain in violate forever.
Sec. 4. All courts in this State shall be open, so that every person for any injury done him in his lands, goods, person or reputation shall have remedy, by due course of law, and right and justice shall be administered without sale, denial or delay.
Sec. 5. The free exercise and enjoyment of religious profession 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, or inconsistent with, the peace or moral safety of the State or Society.
Sec. 6. No preference shall be given by law to any church, bect or mode of worship, and no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or religious denomination, or in aid of any sectarian institution.
Sec. 7. The writ of habeas corpus shall be grantable speedily and of right, freely and without cost, and shall never be sus
pended unless, in case of rebellion or invasion, the public safety may require its suspension.
Sec. 8. Excessive bail shall not be required, nor excessive fines be imposed, nor cruel or unusual punishment or indefinite imprisonment be allowed, nor shall witnesses be unreasonably detained.
Sec. 9. All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the presumption great.
Sec. 10. No person shall be tried for a capital crime or other felony, unless on presentment or indictment by a grand jury, except as is otherwise provided in this Constitution, and except in cases of impeachment, and in cases in the militia when in active service in time of war, or which the State, with the conBent of Congress, may keep, in time of peace.
Sec. 11. In all criminal prosecutions the accused shall have the right to a speedy and public trial, by an impartial jury, in the county where the crime was committed, and shall be heard by himself, or counsel, or both, to demand the nature and cause of the accusation against him, to meet the witnesses against him face to face, and have compulsory process for the attendance of witnesses in his favor, and shall be furnished with a copy of the indictment against him.
Sec. 12. No person shall be subject to be twice put in jeopardy for the same offense, nor compelled in 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.
Sec. 13. Every person may fully speak and write his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech or of 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 libelous is true, and was published for good motives, the party shall be acquitted or exonerated.
Sec. 14. No person shall be compelled to pay costs except after conviction, on a final trial.
Sec. 15. 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.