Florida Uniform Municipal Laws, Amendment 2 (1938)

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The Florida Uniform Municipal Laws Amendment was a legislatively-referred constitutional amendment in Florida which was approved by voters in the general election on November 8, 1938.

This amendment modified Article III of the Florida Constitution to require state laws regarding municipalities be uniform and require publication of proposed changes to state laws regarding municipalities.[1]

Text of measure

The language that appeared on the ballot:

CONSTITUTIONAL AMENDMENT
ARTICLE III, SECTION 21

To Amend Section 21 of Article III of the Constitution of the State of Florida requiring general and uniform laws on the subjects mentioned in Section 20 and providing that no local or special bill shall be passed abolishing municipalities or affecting their government jurisdiction and powers unless notice of intention to apply therefor shall have been published at least thirty days prior to the introduction into the Legislature of any such bill and requiring the Legislature to establish publication of the same and recite the same upon the Journals of the Legislature, but not requiring the same in laws containing provisions for a referendum election before said law becomes effective.[2][3]

Constitutional changes

Section 21. In all cases enumerated in the preceding Section, all laws shall be general and of uniform operation throughout the State, but in all cases not enumerated or excepted in that Section, the Legislature may pass special or local laws, except as now or hereafter otherwise provided in the Constitution; Provided that no local or special bill shall be passed, nor shall any local or special law establishing or abolishing municipalities, or providing for their government, jurisdiction and powers, or altering or amending the same, be passed, unless notice of intention to apply therefor shall have been published in the manner provided by law where the matter or thing to be affected may be situated, which notice shall be published in the manner provided by law at least thirty days prior to introduction into the Legislature of any such bill. The evidence that such notice has been published shall be established in the Legislature before such bill shall be passed, and such evidence shall be filed or preserved with the bill in the office of the Secretary of State in such manner as the Legislature shall provide, and the fact that such notice was established in the Legislature shall in every case be recited upon the Journals of the Senate and of the House of Representatives; Provided, however, no publication of any such law shall be required hereunder when such law contains a provision to the effect that the same shall not become operative or effective until ratified or approved at a referendum election to be called and held in the territory affected in accordance with a provision therefor contained in such bill, or provided by general law.[1]

Path to the ballot

  • The amendment was placed on the ballot as Senate Joint Resolution 81 of 1937.
  • The amendment was not approved by the Governor.
  • The amendment was filed in Office Secretary of State on May 10, 1937.[1]


See also

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References

  1. 1.0 1.1 1.2 Florida Constitution Revision Commission, "Amendments, Election of 11-8-38"
  2. The Palm Beach Post, "Sample Ballot," November 6, 1938
  3. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.