Florida Court Mandated Debt Compensation, Amendment 8 (1942)

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The Florida Court Mandated Debt Compensation Amendment, also known as Amendment 8, was a legislatively-referred constitutional amendment in Florida which was defeated by voters in the general election on November 3, 1942.

This amendment sought to modify Article X, Section 1, of the Florida Constitution to limit the amount of money that can be taken from a person's income by the courts to pay for debt obligations.[1]

Election results

Florida Amendment 8 (1942)
ResultVotesPercentage
Defeatedd No47,15264.71%
Yes 25,713 35.29%

Election results via: Report of the Secretary of State of the State of Florida (1941-1942)

Text of measure

The language that appeared on the ballot:

Question 8

Constitutional Amendment
Article X

Section 1

To amend Section 1 of Article of the Florida Constitution relating to homestead exemptions, providing that incomes of the head of the family shall be subject to garnishment to the extent of not more than 25% thereof and providing exemptions in case of income of less than $25.00 per week except to the necessities of life as may be defined by the Legislature.[2][3]

Constitutional changes

Section 1-A. That the salary, wages and income from any source whatsoever due and owing, or to become due and owing to any person who is the head of a family residing in this State, shall be the subject of garnishment in the courts of this State as may be provided by law, to the extent of not more than 25% of such salary, wages and income, for the payment of any obligations arising by express or implied contract subsequent to the adoption of this amendment, provided, however, that the Legislature shall not extend the right of garnishment as herein provided where the salary is $25.00 or less per week, except to necessities of life as may from time to time be defined by the Legislature.[1]

Path to the ballot

  • The amendment was placed on the ballot as House Joint Resolution 97 of 1941.
  • The amendment was approved by the Governor on June 11, 1941.
  • The amendment was filed in Office Secretary of State on June 11, 1941.[1]

See also

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External links

News, November 1, 1942)

References

  1. 1.0 1.1 1.2 Florida Constitution Revision Commission, "Amendments, Election of 11-3-42"
  2. The Miami News, "Sample Ballot," November 1, 1942
  3. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.