Florida Amendment 3, Game and Fresh Water Fish Commission Amendment (1942)

Florida Amendment 3
Election date November 3, 1942
Topic Administrative organization and Administrative powers and rulemaking
Status Approved
Type Legislatively referred constitutional amendment	Origin State legislature

Florida Amendment 3 was on the ballot as a legislatively referred constitutional amendment in Florida on November 3, 1942. It was approved.

A “yes” vote supported this constitutional amendment to: create the Florida Game and Fresh Water Fish Commission; give the commission authority to manage, conserve, and regulate wildlife resources—including setting hunting and fishing seasons, bag limits, and methods of take; and establishing a dedicated Game Fund to support the commission’s operations.

A “no” vote opposed this constitutional amendment to create the Florida Game and Fresh Water Fish Commission.

Election results

Florida Amendment 3
Result		Votes	Percentage
Yes		49,492	61.53%
No		30,948	38.47%

Results are officially certified.

Source

Text of measure

Ballot title

The ballot title for Amendment 3 was as follows:

“

Question 3 Constitutional Amendment Article IV     To amend Article IV of the Florida Constitution by adding section 30 providing for conservation of birds, game, fur bearing animals and fresh water fish, creating a Commission and conferring powers to administer laws for such purposes.

”

Full Text

The full text of this measure is available here.

Constitutional changes

Section 30. 1. From and after January 1, 1943, the management, restoration, conservation, and regulation, of the birds, game, fur bearing animals, and fresh water fish, of the State of Florida, and the acquisition, establishment, control, and management, of hatcheries, sanctuaries, refuges, reservations, and all other property now or hereafter owned or used for such purposes by the State of Florida, shall be vested in a Commission to be known as the Game and Fresh Water Fish Commission. Such Commission shall consist of five members, one from each congressional district, as existing on January 1, 1941, who shall be appointed by the Governor, subject to confirmation by the Senate. The members so appointed shall annually select one of their members as Chairman of the Commission. 2. The first members of the Commission shall be appointed on January 1, 1943 and shall serve respectively for one, two, three, four, and five years. At the expiration of each of such terms, a successor shall be appointed to serve for a term of five years. 3. The members of the Commission shall receive no compensation for their services as such, but each Commissioner shall receive his necessary traveling or other expenses incurred while engaged in the discharge of his Official duties, but such shall not exceed the sum of $600.00 in any one year. 4. Among the powers granted to the Commission by this Section shall be the power to fix bag limits and to fix open and closed seasons, on a state-wide, regional or local basis, as it may find to be appropriate, and to regulate the manner and method of taking, transporting, storing and using birds, game, fur bearing animals, fresh water fish, reptiles, and amphibians. The Commission shall also have the power to acquire by purchase, gift, all property necessary, useful, or convenient, for the use of the Commission in the exercise of its powers hereunder. 5. The Commission shall appoint, fix the salary of, and at pleasure remove, a suitable person, as Director, and such Director shall have such powers and duties as may be prescribed by the Commission in pursuance of its duties under this Section. Such Director shall, subject to the approval of the Commission, appoint, fix the salaries of, and at pleasure remove, assistants, and other employees who shall have such powers and duties as may be assigned to them by the Commission or the Director. No Commissioner shall be eligible for any such appointment or employment. 6. The funds resulting from the operation of the Commission and from the administration of the laws and regulations pertaining to birds, game, fur bearing animals, fresh water fish, reptiles, and amphibians, together with any other funds specifically provided for such purpose shall constitute the state Game Fund and shall be used by the Commission as it shall deem fit in carrying out the provisions hereof and for no other purposes. The Commission may not obligate itself beyond the current resources of the State Game Fund unless specifically so authorized by the Legislature. 7. The Legislature may enact any laws in aid of, but not inconsistent with, the provisions of this amendment, and all existing laws inconsistent herewith shall no longer remain in force and effect. All laws fixing penalties for the violation of the provisions of this amendment and all laws imposing license taxes, shall be enacted by the Legislature from time to time.

Path to the ballot

See also: Amending the Florida Constitution

A 60% vote was required during one legislative session for the Florida State Legislature to place a constitutional amendment on the ballot. That amounted to a minimum of 51 votes in the Florida House of Representatives and 18 votes in the Florida State Senate, assuming no vacancies. Amendments did not require the governor's signature to be referred to the ballot. Amendments on the ballot required a simple majority vote in this year.

See also

1942 Measures

• 1942 Measures
• Administrative powers and rulemaking on the ballot
• Fisheries and fishing regulations on the ballot
• Restricted-use funds on the ballot
• Game and fish commissions on the ballot
• Hunting regulations on the ballot
• Administrative organization on the ballot
• 1942 legislative sessions

Florida

• Florida ballot measures
• Florida ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Florida Constitution Revision Commission, "Florida's Constitutions: The Documentary History"
• The Miami Herald, "These Are the Nine Amendments Upon Which Voters Will Act In General Election On Tuesday," November 1, 1942