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Florida Prohibition by Counties, Amendment 3 (1934)

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IIIIIIIVVVIVIIVIIIIXXXIXII

The Florida Prohibition by Counties Amendment, also known as Amendment 3, was a legislatively-referred constitutional amendment in Florida which was approved by voters in the general election on November 6, 1934.

This amendment modified Article XIX of the Florida Constitution in relation to county choice over prohibition of alcohol.[1]

Election results

Florida Amendment 3 (1934)
ResultVotesPercentage
Approveda Yes 98,851 69.92%
No42,53230.08%

Election results via: Report of the Secretary of State of the State of Florida (1933-1934)

Text of measure

The language that appeared on the ballot:

NO. THREE

Proposing to Amend Article XIX of the Constitution, Relating to Prohibition, by Amending the Same so as to Provide that the Board of County Commissioners of each County, Not Oftener Than once in Every Two Years, Upon the Application of One-Fourth of the Registered Voters of Any County, Shall Call and Provide for an Election in Such County, to Decide Whether the Sale of Intoxicating Liquors, Wines or Beer Shall be Prohibited Therein, the Question to be Determined by A Majority of Those Voting at Such Election, and Such Election to Be Conducted in the Manner Prescribed by Law for Holding General Elections; Providing the Time Within Which Such Election shall be Held after the Presentation of such Application; Granting to the Legislature Power to Provide by General or Special or Local Legislation Laws to Carry out and Enforce such Amendment; and Providing that all Laws Relating to Intoxicating Liquors, Wines and Beer, Which Were in Effect on December 31, 1918, unless charged by the Legislature by laws Expressly Made Effective Concurrently with this Amendment shall as no Change Become Effective with this Amendment; the Power of the Legislature to Provide the Necessary Laws, to Include the Right to Provide for Manufacture or Sale by Private Individuals, Firms and Corporations or by the State, Counties, Cities or Political Subdivisions, or Any Government Commission or Agency to be Created for that Purpose; providing that until Changed by Elections Called under this Amendment, the Status of all Territory as to Whether Sale is Permitted or Prohibited, Shall be the Same as It Was on December 31, 1918, Provided that at the General Election in 1934 or at any Time Within Two Years After This Amendment Becomes Effective, Upon Application of Five Per Cent of the Register Voters of Any County, an Election to Decide the Question of Whether the Sale Shall Be Prohibited in such county Shall be Called.[2][3]

Constitutional changes

ARTICLE XIX

Section 1. The Board of County Commissioners of each County in the State, not oftener than once in every two years, upon the application of one-fourth of the registered voters of any County, shall call and provide for an election in the County in which application is made, to decide whether the sale of intoxicating liquors, wines or beer shall be prohibited therein, the question to be determined by a majority of those voting at the election called under this Section, which election shall be conducted in the manner prescribed by law for holding general elections. Elections under this Section shall be held within sixty days from the time of presenting said application, but if any such election should thereby take place within sixty days of any State or National election, or primary, it shall be held within sixty days after such State or National election, or primary.

Section 2. The Legislature shall provide by general or special or local Legislation laws to carry out and enforce the provisions of this Article. All laws relating to intoxicating liquors, wines and beer which were in effect on December 31, 1918, unless changed by the Legislature by laws expressly made, effective concurrently with this amendment, shall as so changed become effective with this Article and shall so remain until thereafter changed by the Legislature. The power of the Legislature to provide necessary laws to carry out and enforce this article shall include the right to provide for manufacture or sale by private individuals, firms and corporations or by the State or by Counties, Cities or political sub-divisions, or by any governmental commission or agency to be created for that purpose.

Section 3. Until changed by elections called under this Article, the status of all territory in the State of Florida as to whether the sale is permitted or prohibited shall be the same as it was on December 31, 1918, provided that at the General Election in 1934 or at any time within two years after this Article becomes effective the Board of County Commissioners of any County shall, upon the application of five per cent. of the registered voters of the County, call and provide for an election to decide whether the sale shall be prohibited in such County, said election to be otherwise as provided in Article I hereof.

Section 4. This Article shall become effective immediately upon its adoption and the repeal of Article XVIII of the Amendments to the Constitution of the United States of America.[1]

Path to the ballot

  • The amendment was placed on the ballot as House Joint Resolution 83 of 1933.
  • The amendment was approved for the ballot on May 8, 1933.[1]

See also

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References

  1. 1.0 1.1 1.2 Florida Constitution Revision Commission, "Amendments, Election of 11-6-34"
  2. The Miami News, "Educational Ballot," November 5, 1934
  3. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.