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Florida Courts of Record, Amendment 6 (1904)

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IIIIIIIVVVIVIIVIIIIXXXIXII

The Florida Courts of Record Amendment was a legislatively-referred constitutional amendment in Florida which was defeated on the ballot on November 8, 1904.

This amendment sought to modify Article V of the Florida Constitution in relation to the establishment of Courts of Record.[1]

Election results

Florida Amendment 6 (1904)
ResultVotesPercentage
Defeatedd No5,89769.94%
Yes 2,534 30.06%

Election results via: Report of the Secretary of State of the State of Florida (1903-1904)

Text of measure

The language that appeared on the ballot:

Article V, Section 1, 5, 11, 24, 25, 26, 27, 28, 29, 31 and 32.—Creating courts of Record—Changing jurisdiction of Supreme Court—Changing jurisdiction of Circuit Court—Establishing Courts of Record—Providing for salary and term of office of judge, salary of judge to be paid by county—Civil and criminal jurisdiction of Courts of Record—Six terms in each Appointment of county solicitor—Prosecution upon information—abolishing county courts where courts of record are established—Election of clerk, term of office—Providing rules of practice, for change of venue and special terms of courts of record—May be abolished by Legislature upon petition.[2][3]

Constitutional changes

Section 1, of Article V, of the Constitution of the State of Florida is hereby amended so as to read as follows:

Section 1. The Judicial power of the State shall be vested in a Supreme Court, Circuit Courts, Courts of Record, County Courts, County Judges and Justices of the Peace.

Section 5, of Article V, of the Constitution of the State of Florida is hereby amended so as to read as follows:

Section 5. The Supreme Court shall have appellate jurisdiction in all cases at law and in equity originating in circuit courts, and of appeals from the circuit courts in cases arising before county judges, in matters pertaining to their probate jurisdiction, and in the management of the estates of infants, and in cases of conviction of felony in the courts of record, and in all criminal cases originating in the circuit courts. The court shall have the power to issue writs of mandamus, certiorari, prohibition, quo warranto, habeas corpus, and also all writs necessary or proper to the complete exercise of its jurisdiction. Each of the justices shall have power to issue writs of habeas corpus to any part of the State upon petition by, or on behalf of any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or any justice thereof, or before any circuit judge, and when not returned to the Supreme Court, an appeal to that court shall always lie.

Section 11, of Article V, of the Constitution of the State of Florida is hereby amended so as to read as follows:

Section 11. The Circuit Courts shall have exclusive original jurisdiction in all cases in equity. Also in all cases at law not cognizable by inferior courts, and in all cases involving the legality of any tax, assessment, or toll; of the action of ejectment, and of all actions involving the titles or boundaries of real estate, and of all criminal cases not cognizable by inferior courts; and original jurisdiction of action of forcible entry, and unlawful detainer, and of such other matters as the legislature may provide. They shall have final appellate jurisdiction in all civil and criminal cases arising in the county court, or before the county judge, and of all misdemeanors and civil cases tried in the courts of record, of judgments or sentences of any municipal court, and of all cases arising before justices of the peace in counties in which there is no county court, or court of record, and supervision and appellate jurisdiction of matters arising before county judges pertaining to their probate jurisdiction, or to the estates and interests of minors, and of such other matters as the Legislature may provide. The circuit courts and judges shall have power to issue writs of mandamus, injunction, quo warranto, certiorari, prohibition, habeas corpus and all writs, proper or necessary to the complete exercise of their jurisdiction.

Section 24, of Article V, of the Constitution of the State of Florida is hereby amended so as to read as follows:

Section 24. Upon the application of a majority of the registered voters of any county in this State, the Legislature shall establish in such county a court of record, and there shall be one judge for each of the said courts, who shall be a practicing attorney at law, and who shall be appointed by the Governor and confirmed by the Senate, and who shall hold his office for four years. The annual salary of the judge of said courts shall be paid quarterly, by the county where such court is established, and shall be as follows: in counties of less than fifteen thousand population, one thousand dollars; in counties of from fifteen thousand to thirty thousand population, sixteen hundred dollars; in counties of from thirty thousand to forty-five thousand population, two thousand dollars; and in counties of more than forty-five thousand population, twenty-four hundred dollars; and all criminal courts of record now established in this State, shall, upon the adoption of this amendment, become and be courts of record as herein provided, and all officers of such criminal courts of record shall be officers of such courts, and discharge the duties and receive the emoluments of such until the expiration of their present term of office.

Section 25, of Article V, of the Constitution of the State of Florida is hereby amended so as to read as follows:

Section 25. The court of record shall have exclusive jurisdiction of all criminal cases, not capital, which shall arise in said county, and of all cases at law, in which the demand, or value of the property does not exceed one thousand dollars, and concurrent with the circuit court, shall have exclusive jurisdiction of proceedings relating to forcible entry and unlawful detainer of lands and tenements.

Section 26, of Article V, of the Constitution of the State of Florida is hereby amended so as to read as follows:

Section 26. There shall be six terms of the court of record in each year.

Section 27, of Article V, of the Constitution of the State of Florida is hereby amended so as to read as follows:

Section 27. There shall be for each court of record, a prosecuting attorney, to be named the county solicitor, who shall be appointed by the Governor and confirmed by the Senate, and who shall hold office for four years. His compensation shall be fixed by law.

Section 28, of Article V, of the Constitution of the State of Florida is hereby amended so as to read as follows:

Section 28. All offenses triable in the courts of record shall be prosecuted upon information under oath, and may be filed at any time, whether the court is in session or not, by the county solicitor, but the grand jury of the circuit court for the county in which said court of record is held, may indict for offenses triable in the court of record. Upon the finding of such indictment, the circuit judge shall commit, or bail, the accused for trial, in the court of record, and the county solicitor of said court shall immediately file therein, and information based upon such indictment, upon which information the accused shall be tried.

Section 29, of Article V, of the Constitution of the State of Florida is hereby amended so as to read as follows:

Section 29. There shall be no county court in any county where a court of record is established.

Section 30, of Article V, of the Constitution of the State of Florida is hereby amended so as to read as follows:

Section 30. The clerk of the court of record shall be elected by the electors of the county in which the court is established, and shall hold office for four years, and his compensation shall be fixed by law. The sheriff of the county shall be the executive officer of said court; his duties and fees shall be fixed by law.

Section 31, of Article V, of the Constitution of the State of Florida is hereby amended so as to read as follows:

Section 31. All rules of practice governing the circuit court, shall be applicable to the courts of record, and all laws relative to criminal courts of record shall apply to courts of record. Changes of venue may be had from a court of record to another court of record, or to the circuit court of another county for the same causes, and under the laws providing for changing the venue from the circuit court of one county to the circuit court of another county. The Governor may, in his discretion, order the circuit judge having jurisdiction of the circuit court of any county, to hold a special term of a court of record of such county, for the purpose of trying cases in which the judge of the court of record shall be disqualified. Parties to any cause at law in a court of record, shall have the same right to trial by judges at litem, or by referees as may exist under this Constitution, or the laws in reference to cases in circuit courts, or may, if the judge of the court of record be disqualified, transfer the cause to the circuit court of the county in which such court of record may be.

Section 32, of Article V, of the Constitution of the State of Florida is hereby amended so as to read as follows:

Section 32. Courts of record shall be abolished by the Legislature, only upon a petition of a majority of the registered voters of the county, where such court is established.[1]

Path to the ballot

  • The amendment was placed on the ballot by Joint Resolution 6 of 1903.[1]

See also

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External links

References

  1. 1.0 1.1 1.2 Florida Constitution Revision Commission, "Amendments, Election of 11-8-04"
  2. The Daily Miami Metropolis, "Educational Ballot," November 7, 1904
  3. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.