Florida Amendment 5, Prosecuting Attorney for Duval County Amendment (1962)

From Ballotpedia
Jump to: navigation, search
Florida Amendment 5

Flag of Florida.png

Election date

November 6, 1962

Topic
County and municipal governance and State judiciary
Status

ApprovedApproved

Type
Legislatively referred constitutional amendment
Origin

State legislature



Florida Amendment 5 was on the ballot as a legislatively referred constitutional amendment in Florida on November 6, 1962. It was approved.

A “yes” vote supported establishing that the State Attorney of the Fourth Judicial Circuit shall be the prosecuting attorney for the Criminal Court of Record of Duval County.

A “no” vote opposed establishing that the State Attorney of the Fourth Judicial Circuit shall be the prosecuting attorney for the Criminal Court of Record of Duval County.


Election results

Florida Amendment 5

Result Votes Percentage

Approved Yes

292,747 66.27%
No 149,012 33.73%
Results are officially certified.
Source


Text of measure

Ballot title

The ballot title for Amendment 5 was as follows:

NO. 5

CONSTITUTIONAL AMENDMENT TO

ARTICLE V, SECTION 9A

Proposing an amendment to Article V, Section 9A providing that on and after the First Tuesday after the first Monday in January 1965 the State Attorney of the Fourth Judicial Circuit shall be the prosecuting attorney of the Criminal Court of Record of Duval County, providing that the office of County Solicitor shall be abolished.

Full Text

The full text of this measure is available here.


Constitutional changes

Section 9A. Additional Judge, Duval County Criminal Court of Record.

On and after the first Tuesday after the first Monday in January, 1965, the State Attorney of the Fourth (4th) Judicial Circuit shall be the prosecuting attorney of the Criminal Court of Record of Duval County, Florida, and the office of County Solicitor, the position of Assistant County Solicitor, the position of Special Investigator for the County Solicitor in Duval County, shall stand abolished and terminated; and thereafter the State Attorney and his Assistant Attorneys, under his direction, shall perform all the duties and functions of office heretofore performed by the County Solicitor. Pending informations filed in the Criminal Court of Record shall not be invalidated hereby, and the State Attorney, or his Assistant State Attorneys, may file amended informations in any such cases if and when necessary. The Legislature may provide for Assistant State Attorneys and Special Investigators for the State Attorney of the Fourth Judicial Circuit, and all Assistant State Attorneys of said Fourth Judicial Circuit shall be appointed by the State Attorney and sworn in by the Court, and such Assistant State Attorneys shall work under the direction of the State Attorney and shall have full authority to do and perform any official duties and acts that the State Attorney may do and perform within said Fourth Judicial Circuit.

Upon this amendment being adopted all funds appropriated by law approved by the Budget Commission and budgeted by the Board of County Commissioners of Duval County, Florida, and for the purpose of employing Assistant County Solicitors and other office personnel shall thereafter be used for the operation of the State Attorney's office of the Fourth (4th) Judicial Circuit, and for the employing of Assistant State Attorneys and other personnel, of that office, and the State Attorney is hereby authorized to employ such personnel, including Assistant State Attorneys and investigators in the same number and to be paid the same salary as the number of Assistant County Solicitors and investigators employed by the County Solicitor of Duval County, Florida.

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


External links

Footnotes