Journal of the House of Representatives of the session of ..

Journal
of the

House of Representatives

State of Florida

EXTRAORDINARY SESSION
September 30th through October 9th
1957

I I -- I il-

MEMBERS OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION 1957

Alachua-Ralph D. Turlington, Gainesville
Alachua-J. Emory (Red) Cross, Gainesville
Baker-John J. Crews, Jr., Macclenny
Bay-Dempsey J. Barron, Panama City
Bay-William E. Harris, Panama City
Bradford-Doyle E. Conner, Starke
Brevard-Richard B. Muldrew, Melbourne
Broward-Andrew J. (Jack) Musselman, Jr.,
Pompano Beach
Broward-A. J. Ryan, Jr., Dania
Calhoun-Edwin H. Peters, Blountstown
Charlotte-John M. Hathaway, Punta Gorda
Citrus-Allison R. Strickland, Inverness
Clay-S. D. (Sam) Saunders, Middleburg
Collier-James Lorenzo Walker, Naples
Columbia-B. D. (Georgia Boy) Williams, Lake City
Dade-George L. Hollahan, Jr., South Miami
Dade-John B. Orr, Jr., Miami
Dade-W. C. (Cliff) Herrell, Miami Springs
DeSoto-S. C. Smith, Arcadia
Dixie-Hal Chaires, Oldtown
Duval-John E. Mathews, Jr., Jacksonville
Duval-Harry W. Westberry, Jacksonville
Duval-William H. (Bill) Maness, Jacksonville
Escambia-J. B. Hopkins, Pensacola
Escambia-George Stone, Atmore, Ala.
Flagler-W. L. Wadsworth, Bunnell
Franklin-Mrs. Bryant Patton, Apalachicola
Gadsden-W. M. Inman, Quincy
Gadsden-C. Fred Arrington, Havana
Gilchrist-Howell Lancaster, Trenton
Glades-Joe H. Peeples, Jr., Moore Haven
Gulf-Cecil G. Costin, Jr., Port St. Joe
Hamilton-J. W. McAlpin, White Springs
Hardee-G. W. (Dick) Williams, Wauchula
Hendry-Elbert L. Stewart, Clewiston
Hernando-John L. Ayers, Brooksville
Highlands-Howard Livingston, Sebring
Hillsborough-James S. Moody, Plant City
Hillsborough-Robert T. Mann, Tampa
Hillsborough-Sam M. Gibbons, Tampa
Holmes-Wayne 0. Manning, Ponce de Leon
Indian River-L. B. (Buck) Vocelle, Vero Beach
Jackson-J. Troy Peacock, Marianna
Jackson-John S. Shipp, Jr., Marianna
Jefferson-George H. Anderson, Monticello
Lafayette-Homer T. Putnal, Mayo
Lake-Welborn Daniel, Clermont
Lake-C, E. Duncan, Tavares

Lee-Walter 0. Sheppard, Fort Myers
Leon-Mallory E. Home, Tallahassee
Leon-Richard O. (Dick) Mitchell, Tallahassee
Levy-Frank Marshburn, Bronson
Liberty-J. S. Alexander, Bristol
Madison-Otis R. Peavy, Madison
Manatee-William C. Grimes, Palmetto
Manatee-J. E. Pratt, Bradenton
Marion-William G. O'Neill, Ocala
Marion-William V. Chappell, Jr., Ocala
Martin-Marvin H. Rowell, Stuart
Monroe-Bernie C. Papy, Key West
Monroe-J. Y. Porter, Key West
Nassau-T. H. (Tommy) Askins, Fernandina Beach
Okaloosa-Charles D. Stewart, Ft. Walton Beach
Okaloosa-James H. (Jimmy) Wise, Crestview
Okeechobee-Nathan Zelmenovitz, Okeechobee
Orange-Beth Johnson, Orlando
Orange-Jack C. Inman, Orlando
Osceola-J. J. Griffin, Jr., St. Cloud
Palm Beach-Ralph J. Blank, Jr., West Palm Beach
Palm Beach-Emmett S. Roberts, Belle Glade
Pasco-J. R. A. Williams, Dade City
Pinellas-Fred C. Petersen, St. Petersburg
Pinellas-Thomas M. Carney, St. Petersburg
Pinellas-B. E. Shaffer, Clearwater
Polk-Roy Surles, Lakeland
Polk-Ray Mattox, Winter Haven
Polk-Ben Hill Griffin, Jr., Frostproof
Putnam-James N. (Gator) Beck, Palatka
St. Johns-F. Charles Usina, St. Augustine
St. Johns-Nathan I. (Sonny) Weinstein, St. Augustine
St. Lucie-Rupert Jasen Smith, Ft. Pierce
Santa Rosa-Morrison Kimbrough, Milton
Sarasota-George E. Youngberg, Sr., Venice
Sarasota-Henry S. Bartholomew, Sarasota
Seminole-Mack N. Cleveland, Jr., Sanford
Seminole-Gordon V. Frederick, Sanford
Sumter-E. C. Rowell, Webster
Suwannee-Houston W. Roberts, Live Oak
Taylor-O. W. Jones, Perry
Union-C. A. Roberts, Lake Butler
Volusia-Frederick B. Karl, Daytona Beach
Volusia-James H. Sweeny, Jr., DeLand
Wakulla-Bobby Russ, Crawfordville
Walton-Thos. D. (Tom) Beasley, DeFuniak Springs
Washington-Sam Mitchell, Vernon

OFFICERS OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION 1957

Speaker-Doyle E. Conner
Speaker Pro Tempore-Mack N. Cleveland, Jr.
Chief Clerk-Mrs. Lamar Bledsoe
Sergeant-at-Arms-Amos H. Davis

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

MONDAY, SEPTEMBER 30, 1957

Beginning of an Extraordinary Session of the Florida Legislature, convened by proclamation of His Excellency,
LeRoy Collins, Governor of the State of Florida, under proclamation hereafter set out, held at the Capitol in the
City of Tallahassee in the State of Florida.
Monday, September 30, 1957 thereof, and statutory implementation of such new provisions
of the Constitution as may deal with reapportionment of rep-
The following proclamation of the Governor convening the presentation in the Legislature.
Legislature in Extraordinary Session was read by the Honorable
Doyle E. Conner, Speaker of the House of Representatives: IN WITNESS WHEREOF, I have hereunto
set my hand as Governor, and caused the
A PROCLAMATION BY THE GOVERNOR Great Seal of the State of Florida to be
STATE OF FLORIDA hereto affixed at Tallahassee, Florida, the
EXECUTIVE DEPARTMENT Capital, on this September 26th, A.D. 1957.
TALLAHASSEE LeRoy Collins
TO THE HONORABLE MEMBERS OF GOVERNOR
THE SENATE AND THE HOUSE OF REPRESENTATIVES: ATTEST:
WHEREAS, Senate Concurrent Resolution No. 555 was R. A. GrayI
adopted by the Florida Legislature during its 1955 Biennial SECRETARY OF STATE
Session and provided for the establishment of the Florida The House was called to order by the Speaker at 12:00 Noon,
Constitution Advisory Commission, and Monday, September 30, 1957.
WHEREAS, such Commission was given the duty of sub- The roll was taken and the following Members were recorded
mitting to the Governor and to the members of the Legis- present:
lature prior to the 1957 Regular Session a report and recom-
mendations for the revision of the Constitution of this State, Mr. Speaker Griffin,B.H.,Jr. Mitchell, R. O. Saunders
which duty was discharged by the Commission, and Alexander Griffin,J.J.,Jr. Mitchell, Sam Shaffer
Anderson Grimes Muldrew Shipp
WHEREAS, the Committees on Constitutional Amendments Arrington Harris Musselman Smith, R. J.
of both the Senate and the House of Representatives con- Askins Herrell O'Neill Smith, S. C.
sidered during the 1957 Regular Session the report and recom- Ayers Hollahan Orr Stewart, E. L.
mendations of the Commission and reported to their respective Barron Hopkins Papy Stone
Houses Resolutions proposing the revision of certain of the Bartholomew Horne Patton Strickland
Articles of the Constitution, and Beasley Inman, J. C. Peacock Surles
Beck Inman, W. M. Peavy Turlington
WHEREAS, there was not sufficient time within which to give Blank Johnson Petersen Usina
proper consideration to all of these proposals during the Reg- Blank Jones Porter Vocelle
ular Session, despite the fact that such session was extended Carney Jones Porter Vocele
under the provisions of Article III, Section 2 of the Consti- Chaire Karl Pratt Wadswrth
tution, and Chappell Kimbrough Putnal Weinstein
on, anCleveland Livingston Roberts, C. A. Williams. B.D.
WHEREAS, before its adjournment on June 8, 1957, the Crews Maness Roberts, E. S. Williams, G.W.
Legislature adopted Senate Concurrent Resolution No. 1414, Cross Mann Roberts, H. W. Williams,J.R.A.
pursuant to which there was appointed a joint committee Daniel Manning Rowell, E. C. Wise
composed of five members of the Senate and five members of Duncan Marshburn Rowell, M H. Youngberg
the House of Representatives and given the task of attempting Frederick Mattox Russ Zelmenovitz
to resolve the differences between the two branches of the Gibbons McAlpin Ryan
Legislature as to the proposed Constitutional revision and of Ok ood
reporting its recommendations back to the Senate and House Excused: Messrs. Mathews, Stewart of Okaloosa, Moody, Cos-
of Representatives at the earliest possible time, and tin, Westberry, Walker, Peters, Sheppard and Hathaway.
WHEREAS, said committee has discharged its function and A quorum present.
is ready to report its recommendation pursuant to the pro- The following prayer was offered by the Reverend Oliver
visions of said Resolution No. 1414, and Carmichael, Chaplain, Pastor of Faith Presbyterian Church of
WHEREAS, by said Resolution No. 1414, the Legislature re- Tallahassee:
quested me as Governor to call a special session not earlier Almighty Father, by whose hand all living things were made,
than September 15 nor later than December 1 of this year in and by whose blessings they are nourished and sustained: We
order that such committee might present the revised Consti- give Thee thanks for the State of Florida and our opportunity
tution to a special session of the Legislature, and to live and to work here in this day of opportunity. Help us
i" n w of te f ,egog eio r d o to recognize that we serve best when we seek Thy guidance.
WHEREAS, in view of the foregoing extraordinary condi- Remind us that no motive is ever hidden from Thee. Therefore,
tions, I find that the best interest of the State will be served let all that we do and say begin, continue, and end in Thee.
by consideration of the proposed Constitutional revision without
further delay, Preserve us from all sin, from all error, from all evil. Save
us from pestilence and famine, from calamity by fire or water,
NOW, THEREFORE, I, LeRoy Collins, as Governor of the hail or tempest, from riot and bloodshed, from the violence of
State of Florida, by virtue of the power and authority vested wicked men. And most gracious Lord and God, preserve us
in me by the State Constitution, do hereby call the Legislature from indifference to Thy merits and death, from pride and
of the State of Florida in extraordinary session to be con- self-complacency, from needless perplexity, from the unhappy
vened at 12 o'clock noon on September 30th, A.D. 1957, for desire of becoming great, from hypocrisy and fanaticism, from
the sole purposes of considering and acting upon resolutions envy, hatred, and malice, from the deceitfulness of sin, from

proposing new articles of the Constitution of the State of the influence of the spirit of this world. This our prayer we
Florida, pursuant to the authority of Section 1 of Article XVII say in Thy Holy Name. Amen.
1

2

JOURNAL OF THE HOUW

COMMUNICATIONS
"The following communication was received and read:
September 27, 1957
Honorable Doyle E. Conner
Speaker of the House of Represcntatircs
Capitol
Tallahassee, Florida
Dear Mr. Speaker:
Attached hereto is a certificate listing the names of the
Members of the House of Representatives who were elected
in the September 3, 1957 Special Election in Orange County,
as shown by the records of this office.
Cordially yours,
R. A. Gray
Secretary of State
STATE OF FLORIDA
OFFICE OF SECRETARY OF STATE
I, R. A. GRAY, Secretary of State of the State of Florida, do
hereby certify that the following Members of the House of
Representatives were elected at the Special Election held on the
third day of September, A.D., 1957, as shown by the election
returns on file in this office:
ORANGE COUNTY
Group No. 1-Mrs. George W. (Beth) Johnson
Group No. 2-Jack C. Inman
Given under my hand and the Great Seal of the State of
Florida at Tallahassee, the Capital, this the 27th day of Sep-
tember A.D., 1957.
R. A. GRAY,
Secretary of State
The following members came forward and took the oath of
office prescribed by the Constitution of the State of Florida
before Justice Campbell Thornal of the Supreme Court of the
State of Florida:
ORANGE-Mrs. George W. (Beth) Johnson-Group 1
ORANGE-Jack C. Inman-Group 2
"The following communication was received and read:
STATE OF FLORIDA
Office of the Governor
TALLAHASSEE
September 27, 1957
Honorable Doyle E. Conner
Speaker of House of Representatives
Capitol Building
Tallahassee, Florida
Dear Mr. Speaker:
I would like the privilege of addressing a joint session of the
Senate and House of Representatives on Monday, September
30, concerning the matter of constitutional revision.
I suggest the time of 12:30 p.m., if the same is agreeable to
you and the other members of the Legislature.
Respectfully,
LeROY COLLINS,
Governor
INTRODUCTION OF HOUSE CONCURRENT
RESOLUTION
By Mr. Beasley of Walton-
H. C. R. NO. 1-X-A Concurrent resolution providing that
the House of Representatives and the Senate convene in joint
session in the Chamber of the House of Representatives at
12:20 P. M., September 30, 1957.

WHEREAS, His Excellency, LeRoy Collins, Governor of
Florida, has expressed a desire to address the Legislature of
Florida in Joint Session on this day, Monday, September 30,
1957, at 12:30 P. M.;

iE OF REPRESENTATIVES Sept. 30, 1957

THEREFORE, BE IT RESOLVED BY THE HOUSE OF REP-
RESENTATIVES, THE SENATE CONCURRING:
That the House of Representatives and Senate convene in
Joint Session in the Chamber of the House of Representatives
at 12:20 P. M. this day, Monday, September 30, 1957, for the
purpose of receiving His Excellency's message.
-was read the first time in full.
Mr. Beasley moved that the rules be waived and House Con-
cmarrent Resolution No. 1-X be read the second time in full.
The motion was agreed to by a two-thirds vote, and House
Concurrent Resolution No. 1-X was read the second time in
full.
Mr. Beasley moved the adoption of the concurrent resolu-
tion.
The motion was agreed to, and House Concurrent Resolu-
tion No. 1-X was adopted and ordered certified to the Senate.
Mr. Maness moved that a committee be appointed to wait
upon His Excellency, Governor LeRoy Collins, and notify him
that the House of Representatives was organized and ready
to transact business.
The motion was agreed to.
Thereupon, the Speaker appointed Messrs. Maness of Duval,
Griffin of Osceola and Mrs. Johnson of Orange as the com-
mittee which retired and after a brief absence returned and
reported that they had performed their duty and were there-
upon discharged.
Mr. Horne moved that a committee be appointed to notify
the Senate that the House of Representatives was organized
and ready to transact business.
The motion was agreed to.
Thereupon, the Speaker appointed Messrs. Home of Leon,
Roberts of Palm Beach and Herrell of Dade as the committee
which retired and after a brief absence returned and reported
that they had performed their duty and were thereupon dis-
charged.
A committee consisting of Senators Johnson, Brackin and
Belser appeared at the Bar of the House of Representatives
and reported that the Senate was organized and ready to
transact business.
INTRODUCTION OF HOUSE RESOLUTIONS
By Mr. Beasley of Walton-
H. R. No. 2-X A House Resolution providing for the rules of
procedure and policies of the House of Representatives of the
1957 Extraordinary Session of the Florida Legislature.
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA:
1. That the rules of procedure of the House of Representa-
tives prevailing during the first thirty days of the 1957 Regular
Session of the Florida Legislature shall govern this body until
the Commnittee on Rtules' & Calendar shall otherwise report
and such. report be adopted.
2. That the Speaker of the House of PRepresentativcs ap-
point a Serageamn-at-Arms and a Chaplain.
3. That the Speaker of the House of Representatives is
hereby authorized to employ such attaches as he may deem
necessary for the conduct of the business of the House for
this extraordinary session, taking into consideration the wish
of the House that expenses be kept to the minimum necessary
for the conduct of the business of the House.
4. That each member of the House of Representatives shall
be paid mileage as allowed by law for one round trip between
their homes and the seat of government for each seven days

of this extraordinary session, to include one trip from home
to the seat of government at the start of this session and from
the seat of government to home at the end thereof.
5. That such copies of the Daily Journal and of the Daily
Calendar as may, from time to time, be deemed necessary by
the Speaker be ordered printed each day.

6. That such stamps as each member may require be fur-
nished as authorized by the Speaker.
7. That the Committee on House Administration be author-
ized and directed to furnish to the members of this House all
stationery and other necessary supplies for the use of the mem-
bers.
8. That each member of the House of Representatives shall
be paid per diem during this extraordinary session of the Legis-
lature as authorized by law.
-was read in full.
Mr. Beasley moved the adoption of the resolution.
The motion was agreed to, and House Resolution No. 2-X
was adopted.
The Speaker announced that he had appointed Mr. Amos
H. Davis as Sergeant-at-Arms of the House.
By Mr. Beasley of Walton-
H. R. No. 3-X A RESOLUTION PRESCRIBING A PAY
SCALE OF ATTACHES FOR THE HOUSE OF REPRESENT-
ATIVES.
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA:
Section 1. That the pay of the attaches of the House of
Representatives in the 1957 Extraordinary Session of the
Florida Legislature shall be as follows:
(1) Personal and Committee Secretaries. .$12.00 per day
PBX Operators ..................... 12.00 per day

Postmaster ...... .................
Machine Operators .................
Typists ... .......................
Verifiers ...................... ...
Assistant Sergeant-at-arms .........
Doorman and Night Watchman ...
Messengers ...... ................ .
Pages ............... .............
Chaplain ........................

12.00 per day
12.00 per day
12.00 per day
12.00 per day
12.00 per day
12.00 per day
8.00 per day
8.00 per day
12.00 per day

(2) That the salaries of supervisors, professional or skilled
employees shall be set by the Chairman of the Administration
Committee, Chairman of the Personnel Committee and the
Speaker of the House of Representatives at a rate not to exceed
sixteen Dollars ($16.00) per day.
-was read in full.
Mr. Beasley moved the adoption of the resolution.

The motion was agreed to, and House Resolution No. 3-X
was adopted.

CONSIDERATION OF MESSAGES FROM THE SENATE
The following message from the Senate was received and
read:
Tallahassee, Florida,
September 30, 1957.
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has adopted-
By Mr. Beasley of Walton-
HOUSE CONCURRENT RESOLUTION NO. 1-X
A CONCURRENT RESOLUTION PROVIDING THAT THE
HOUSE OF REPRESENTATIVES AND THE SENATE CON-
VENE IN JOINT SESSION IN THE CHAMBER OF THE

3

HOUSE OF REPRESENTATIVES AT 12:20 P. M., SEPTEM-
BER 30, 1957.
WHEREAS, His Excellency, LeRoy Collins, Governor of
Florida, has expressed a desire to address the Legislature of
Florida in Joint Session on this day, Monday, September 30,
1957, at 12:30 P. M.;
THEREFORE, BE IT RESOLVED BY THE HOUSE OF REP-
RESENTATIVES, THE SENATE CONCURRING:
That the House of Representatives and Senate convene in
Joint Session in the Chamber of the House of Representatives
at 12:20 P. M. this day, Monday, September 30, 1957, for the
purpose of receiving His Excellency's message.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
And House Concurrent Resolution No. 1-X, contained in the
above message, was ordered enrolled.
JOINT SESSION
The hour of 12:20 P. M. having arrived, the Members of the
Senate appeared at the bar of the House and were awarded
seats.
THE PRESIDENT OF THE SENATE IN THE CHAIR.
The roll of the House was taken and the following members
were recorded present:

Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Barron
Bartholomew
Beasley
Beck
Blank
Carney
Chaires
Chappell
Cleveland
Crews
Cross
Daniel
Duncan
Frederick
Gibbons

Griffin,B.H.,Jr. Mitchell, R. 0. Saunders
Griffin,J.J.,Jr. Mitchell, Sam Shaffer
Grimes Muldrew Shipp
Harris Musselman Smith, R. J.
Herrell O'Neill Smith, S. C.
Hollahan Orr Stewart, E. L.
Hopkins Papy Stone
Horne Patton Strickland
Inman, J. C. Peacock Surles
Inman, W. M. Peavy Turlington
Johnson Petersen Usina
Jones Porter Vocelle
Karl Pratt Wadsworth
Kimbrough Putnal Weinstein
Livingston Roberts, C. A. Williams. B.D.
Maness Roberts, E. S. Williams, G.W.
Mann Roberts, H. W. Williams,J.R.A.
Manning Rowell, E. C. Wise
Marshburn Rowell, M H. Youngberg
Mattox Russ Zelmenovitz
McAlpin Ryan

A quorum of the House of Representatives present.

The roll of the Members of the Senate was called and the
following Senators answered to their names:
Mr. President Bronson Edwards Morgan
Adams Cabot Gautier Neblett
Barber Carlton Getzen Pearce
Beall Carraway Hair Pope
Belser Clarke Hodges Rawls
Bishop Connor Houghton Rood
Boyd Davis Johnson Stenstrom
Brackin Dickinson Kelly Stratton
Branch Eaton Kickliter Sutton

A quorum of the Senate present.

Senator Edwards of the 20th District moved that a commit-
tee of the Joint Session be appointed to notify His Excellency,
Governor LeRoy Collins, that the Joint Session was assembled
and ready to receive his message.

The motion was agreed to.

Thereupon, the President of the Senate appointed Senators
Edwards of the 20th District and Pope of the 31st District on
the part of the Senate, and Messrs. Musselman of Broward,
Crews of Baker and Smith of DeSoto on the part of the House,
who retired to perform their mission, and after a brief absence
returned escorting His Excellency, LeRoy Collins, Governor of
Florida.

Sept. 30, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

4 JOURNAL OF THE HOU

The President of the Senate presented Mrs. LeRoy Collins,
wife of the Governor, to the Membership of the House.
The President then presented the Governor, who delivered
the following message:
GOVERNOR'S MESSAGE
TO SPECIAL SESSION OF FLORIDA LEGISLATURE
SEPTEMBER 30, 1957
Mr. President Shands, Mr. Speaker Conner, dis-
tinguished members of the Senate and House of
Representatives of the Florida Legislature, ladies
and gentlemen:
You are here to complete the framing of a new constitution
for our State-a charter not only for those now living but also
for Floridians yet unborn and for those who will move among
us and cast their lots with us.
It is the constitution which expresses the basic aims and
ideals of the people, in whom all political power resides, and
provides the foundation for all government and laws.
This special session is the culmination of almost continuous
efforts over the past two years.
Actually, this is a fleeting period of time in which to arrive
at a new constitution, when one considers that some states have
been struggling toward such a goal for as many as 50 years-
and still have not reached it.
Short as the time may be, it still represents many, many days
and nights of tedious, tiresome and trying work, most recently
on the part of the members of your interim committee.
To all who have labored so long, and in good faith, to make
this possible, I want to express my personal and official ap-
preciation.
This State of ours has had five constitutions, and all were
characterized by the fact that they were designed to meet
limited, specific needs of the moment or reflected what could
be seen by looking backward. This can be Florida's first con-
stitution with its face turned forward.
Our State's first constitution, in 1838, was written for the
sole purpose of transferring Florida from the status of a ter-
ritory to that of a State. Beyond that immediate function,
it had little or no real purpose.
Our second constitution came in 1861 and was designed solely
to take the State out of the Union. It made no provision for
the future, for none could forsee the outcome of the war.
The third constitution was written in 1865-to bring Florida
back into the Union. Nothing more was contemplated.
But this constitution was not accepted by the Union, and our
fourth constitution was written in 1868. This was the one
which was rammed down the throats of a defeated people by
the "carpetbag" forces. In no sense could anyone contend that
it was a forward-looking document.

And, as you know, it was written not to prepare Florida for
the future, but primarily to redress wrongs done in the preced-
ing "carpetbag" constitution.
Today, though, there is no need for looking backward in
assessing our needs. There is every good reason to look for-
ward, to write a document which will be given a special place
in Florida's history-the Florida constitution of 1958-the first
constitution truly conceived and developed in response to the
broad needs of the future, as best we can now foretell them.
I must be frank. By no means am I completely satisfied
with the proposed document as it is recommended by your
interim committee. In my opinion the committee has, para-
phrasing the prayer, "left undone some things it ought to have
done, and done things it ought not to have done."

S

This proposed new constitution does not contain all that I
would like it to contain. Nor does it say everything the way
I would prefer that it be said.
However, I am willing to regard this as generally the result
of honorable compromise-the essence of all constitutions, in-

E OF REPRESENTATIVES Sept. 30, 1957

eluding the Constitution of the United States-and recognition
of inherent realities and practicalities always encountered
along the road to governmental reform.
Admittedly, there are many who look now upon the draft of
your interim committee with skepticism because it does not
represent perfection according to their individual lights. But
that would be true of any proposed constitution, especially one
which could possibly win approval of the required majorities
of your respective legislative bodies.
Judged by any yardstick, however, this proposed constitution
does measure up to the challenge of substantial and sound
progress.
For our own part in it, we can surely takpride and safely
assume that, with the passage of time and the test of experi-
ence, history will recognize the contribution you now have the
opportunity to consummate on Florida's behalf.
We will provide a tree, trim yet sturdy, upon which the
fruits of good government will grow or can be soundly grafted.
It seems inherent in almost every broad constitutional revi-
sion effort that what is done requires almost immediate sup-
plementation.
The United States Constitution could not have been approved
by the required number of states until the first ten amend-
ments were proposed. Several of our sister states, which have
recently pressed forward for general constitutional reform,
have found it necessary to go as far as possible in an overall
effort and, then, back this up with prompt later additions
which, if sought to be carried altogether, would probably have
caused the whole effort to fail. We will probably find our-
selves confronted with this same necessity in Florida.
Much of the proposed revision, of course, represents the cor-
rection of patent errors of grammar, punctuation, style and
arrangement. A major contribution to the clarity of the con-
stitution will be made by the elimination of the obsolete and
the archaic; by arranging the related but now widely scattered
sections and provisions in logical order, and by expressing the
present contents in clear and, to the extent possible, simple
English.
While these improvements alone would have justified our
labors, there are many important changes in substance-too
numerous to delineate in detail-that make of the draft a far
more efficient, understandable and trustworthy charter of basic
law.
It is an altogether deplorable but accurate criticism that
much of the burdensome, unnecessary and confusing detail of
our present constitution was born either because of distrust
of the legislative or executive branches, or dissatisfaction with
the judiciary's exposition of the common law.
The first principle which should be applied to all constitu-
tional draftsmanship was clearly summarized by Mr. Chief
Justice Marshall at a time when the United States was nego-
tiating with Spain for what is now our State. In McColloch
vs. Maryland, he said:
"A Constitution, to contain an accurate detail of all
the subdivisions of which its great power will admit,
and of all the means by which they may be carried
into execution, would partake of the prolixity of
a legal code, and could scarcely be embraced by
the human mind. It would, probably, never be
understood by the public. Its nature, therefore, re-
quires that only its great outlines should be marked,
its important objects designated and the minor in-
gredients which compose those objects be deduced
from the nature of the objects themselves."
The constitution now recommended, to the extent per-
missible by the resolution setting this work in motion, does
generally proceed on the premise that matters that are statu-
tory in nature should be left to legislative enactment.
I would like to mention a few areas of substantive reform
which I regard as having special significance.

It appears the draft carefully preserves and, in some im-
portant aspects, expands the basic rights set forth in the
present Declaration of Rights.

JOURNAL OF THE HOUSE

I am fearful, however, that the draft of the section relating
to condemnation, as it stands, will prove extremely costly
to the State and a serious handicap to our road-building pro-
gram. I strongly feel that the Legislature should have the
power to provide for the consideration of benefits, resulting
from public improvements, in the reduction of compensation.
Such authority is provided in other states, and I know of no
sound reason why we should not have this means, which we
need, to prevent unconscionable private profiteering at public
expense.
In fact, if the committee's recommendation is not amended,
the Legislature may find itself in the position of having pro-
vided the means to invalidate its own constructive action of
last session in this field.
Article II contains provisions of a general nature that are
not readily assignable to the subjects covered in the several
other articles. I consider this a fine contribution to the scheme
of the entire instrument and trust that, in the years to come,
it will not be used as a place in which to drop nondescript
amendments. This can be protected against by the recom-
mended amending process.
Article III, dealing with the legislative branch, embodies
numerous improvements. These include the elimination of
outmoded limitations on the salaries of legislators and on their
eligibility for other offices, the spelling out of necessary powers
for legislative investigations and a much-needed provision
under which local bills may be controlled by general laws.
Article IV, dealing with the executive branch, perhaps is the
most noteworthy of all from the standpoint of adherence to
the principle of framing an instrument that will permit our
government to keep current with changing economic conditions
and varying public needs. It is brief and clear. It retains the
basic cabinet system but not in a strait-jacket. It solves
the problem of successorship to the office of Governor. The
principal need is for a successor elected by all the people. The
recommendation that the Secretary of State be first in line
of succession adequately meets this need.
I would have preferred a provision for a Lieutenant Governor
to meet also the Governor's need for such an appropriately
titled assistant which is becoming more and more important
each day with the rapid growth and changing complexion of
our State. But the provision for the Secretary of State to
succeed to the office on rare and unfortunate occasions is, I
believe, an example of acceptable and necessary compromise.
In the provisions which have been made for continuing the
Game and Fresh Water Fish Commission as a constitutional
body and for a salt water agency, I think your committee has
arrived at a sound answer to a peculiar problem. Restrictive
language considered necessary has been retained without clos-
ing the door to future consolidation if the Legislature ever
finds such to be in order.
In Article VII, which relates to local government, there
seems to me to be one of the most serious omissions. We have
not made the progress toward home rule, which I believe the
people have strongly hoped for and which I feel they badly
need to cope with the surge of problems coming upon our ex-
panding local communities. I again suggest, therefore, that
you give this matter your most serious consideration. I see no
reason for our inability to develop a simple plan under which
the Legislature may confer ordinance-making powers upon
boards of county commissioners, based upon population classi-
fications and confined to specified subjects.
Another fault I find with Article VII is its failure to enable
our State to take advantage, as other states are doing, of the
federal programs for slum clearance and urban renewal. These
are programs which are especially vital to Florida, where so
much of our future depends on our ability to maintain pleasant
communities, and which are especially timely as we enter into
the building of urban expressways.
In this article on local government also, I think the draft
proposes two backward steps which we should avoid. One is
the allowing of "geographic area" as a consideration in re-
districting county commissioners' districts and of district elec-

tion of commissioners and school board members. The latter,
I realize, would be allowed on a local option basis, but at the

Sept. 30, 1957

There is no need to apoligize for compromise unless principle
is sacrificed in the process, and no such sacrifice is involved
here.
If neither side is in a position to claim victory, which also

;E OF REPRESENTATIVES 5

same time the draft permits no such option on appointive
county school superintendents, which I strongly recommend.
Otherwise, the article on local government offers substan-
tial benefits.
For example, it gives the Legislature discretion in fixing local
authority and responsibility for appointing the members of
various purely local boards, rather than having the same vested
exclusively in the Governor.
Article X brings our basic law on education into line with
modern reality. It also accomplishes the goal, sought since
adoption of the Minimum Foundation Program 10 years ago,
of vesting constitutional powers in the county school boards
instead of the school trustees.
Article XII sets out future amending processes and wisely
seeks to assure that this constitution will not, over the future,
become a hodge-podge like the one of 1885.
In this article also, I call your attention to the changes made
in the provisions for a constitutional convention. I do not feel
we are justified in requiring the work of a convention to travel
the same legislative course as any other revision. Since the
convention process cannot be provided in the first place with-
out express legislative authorization, I see no necessity for
the additional encumbrance. The net effect of the approval of
the committee's recommendation will be to create a wholly
unnecessary handicap to the effort to obtain public approval.
Scattered through the various articles which I have men-
tioned and the others are apparent changes in substance which
are not actually changes at all from a practical standpoint.
These are aimed at cases in which the Supreme Court has
been forced to strain the improvident language of the present
constitution so as to produce a practical interpretation of it.
But the judiciary should not be put in a position of changing
the meaning of language to meet the circumstance of poor
draftsmanship.
From the standpoint of the judiciary, our constitution should
mean what it says. From the standpoint of the Legislature, the
executive and people, it should say what it means.
I firmly believe that, while the 1885 constitution failed badly
in this respect, the draft to come before you measures out well.
Obviously I have saved a most important particular subject
to the last.
For more than two years now, we have struggled-you and
I-to settle this issue of reapportionment. It is an issue of
sufficient importance to be worth fighting over and of sufficient
ramifications to make a real battle rather inevitable.
Fair representation of the people in a body which makes the
laws that in many ways affect their daily lives is, of course, a
fundamental need in democratic government.
To my way of thinking, fair representation requires simply
this: That the composite thinking of our people be reflected in
the thinking of a majority of the Legislature.
Only thus can we be reasonably sure that the laws of our
State will be responsive to the needs and wishes and fears of
our people.
I believe this purpose will be largely served by the reappor-
tionment plan which will be placed before you by your interim
committee. This is the plan which provides for a 114-member
House of Representatives and a 45-member Senate.
Admittedly, it is a compromise. To break the stalemate which
has so long endured, we approached the problem, at the close
of the last regular session, in just such a spirit-of arriving
at an honorable compromise by a reasonable amount of "give
and take."
I am satisfied it was in the best interest of our State
that this be done; for continuing the conflict unresolved could
only deny us the unity which we so badly need in this era
of phenomenal growth and constant challenge.

6 JOURNAL OF THE HOU

seems to be the case, perhaps the compromise has passed its
first test. We have been confronted also with the practical
necessity of obtaining the required three-fifths affirmative
vote of both houses before any plan could be approved.
Without such a majority in each house, we have wasted our
time and our efforts for overall revision, because I am satisfied
any new constitution lacking a revised and acceptable plan of
reapportionment would be too disappointing to the people to
obtain their ratification.
If I did not sincerely feel, in my own mind and conscience,
that the proposed plan deserved the support of three-fifths of
you and, thereafter, approval by a majority of the electors, I
would not have called this session.
You are as familiar with the details of the proposal as I am,
but it might be well for me to take advantage of this oppor-
tunity to state my own reasons for believing that this plan is
aimed at answering Florida's most definite reapportionment
needs and thereby represents advancement which we can
present to the people with the pride of accomplishment.
Let us measure first the results of this plan by way of addi-
tional representation for the areas most in need of it, starting
with the House proposal:
All of the additional House members will go to counties in
the top half of the population list based on the 1950 census.
Furthermore, with one or two exceptions, which will be taken
care of by application of the plan on the basis of the next
census, all the additional representatives will go to those coun-
ties which are shown by current population estimates to have
experienced the greatest growth since 1950.
To analyze the House plan another way, the 34 smallest
counties of our 67 will have only one representative each, and
all 33 above that half-way mark will have two or more.
Also indicating to me that the distribution of the House
members resulting from the new formula does, generally speak-
ing, meet the goals of providing additional representation for
the growing areas of the State are these facts:
-Dade County, which certainly is in a class by itself popula-
tion-wise, will have five representatives.
-All counties now estimated to have a population in excess
of 300,000 will have at least four representatives.
-All counties now estimated to have a population in excess
of 100,000 will have at least three representatives.
-With one possible exception, all counties now estimated to
have a population in excess of 20,000 will have at least two
representatives.
I would not be honest if I did not frankly state that in my
opinion additional House members for a few of the counties
just above the half-way mark in the population scale cannot
be justified, but I feel that this inequity is far more than off-
set by the soundness of giving our more populous areas greater
representation.
As to the proposal for 45 senators, I can only speak of the
distribution in terms of the statutory implementation which
has been discussed and which would become effective upon the
adoption of the new constitutional provision.
It is relatively easy to determine where the additional Senate
seats should go on the basis of population.
The 1950 census showed these counties to be the largest
without senators of their own:
Bay, Manatee, Monroe, Sarasota, Okaloosa, Seminole, St.
Johns and Brevard.

Under the redistricting which has been suggested, each of
these counties alone would constitute a senatorial district, with
the exception of St. Johns. Continuing in the district with St.
Johns would be Flagler County, one of the smallest in the
State. This is almost a matter of geographical necessity, be-
cause Flagler is surrounded by counties of sufficient population

to justify senators of their own.
With two reasonable exceptions, justified by geography or
tradition, the senatorial plan will mean that every county now

IS

The motion was agreed to, and it was so ordered.
Mr. Beasley moved that the House now adjourn to reconvene
at 2:15 P. M. today.

;E OF REPRESENTATIVES Sept. 30, 1957

estimated to have a population in excess of 30,000 will con-
stitute a single-county senatorial district.
Putting this analysis another way, it can be said that, once
again with the exception of St. Johns County, a line has been
drawn below Putnam County on the 1950 census chart and
every county above that line has been given a senator of its
own.
It will be said also that five counties scattered below this
line have been given or have retained single-county districts.
But, of these counties, the two having the smallest 1950 census
counts, Nassau and Taylor, are among the fastest growing of
our smaller counties.
Again I frankly state there are inequities in this plan of
Senate apportionment. One just cannot justify making sepa-
rate districts of some of the small counties so favored. But I
repeat that in my opinion there are far more equities than
inequities; that this is the most equitable plan possible of legis-
lative approval, and that it represents substantial progress with
which we should move forward.
I do not feel that a 159-man legislature-45 in the Senate and
114 in the House-will prove unwieldly in either chamber.
Nineteen state legislatures in America have larger total mem-
berships. And six of these are in the South: Georgia, with 259
members, Mississippi with 189, North Carolina and South Caro-
lina with 170 each, Texas with 181 and Oklahoma with 165.
Ten of the states with larger legislative memberships have
less population than Florida.
Again I wish to commend your presiding officers and those
of your members who have labored so hard on this revision
work; also the members of the Constitutional Advisory Com-
mission which prepared the first draft. I hope that you can
finish your task here within a short time. You have labored
so long in and out of session that I am sure each of you feels
the need of a respite.
I am leaving in a few hours for Washington to confer with
the President about discontinuing the use of federal troops in
Arkansas at the earliest possible moment.
Having American citizens, in an American City, driven at
the point of the bayonets of American soldiers has indeed been
a source of great shock and alarm to all of us. This is a time
of national crisis just as it is a time of crisis in our Southland.
If, as Governor of this State, I can make any contribution to
a better understanding, and the finding of sound solutions, I
regard it as my duty to the people of Florida to do so. Accom-
panying me will be a committee of four other southern gover-
nors whom I have designated in my new capacity as chairman
of the Southern Governors' Conference.
I will deeply appreciate your good will, your prayers, and
your cooperation as we seek honorable, lawful and peaceful
solutions to the problems arising from decisions of the United
States Supreme Court.
Good luck and God-speed to you.
At the conclusion of Governor Collins' address, he was
escorted to his office by the committee previously appointed
by the President.
Senator Davis of the 10th District moved that the Joint
Session be dissolved and the Senate resume its Session in the
Senate Chamber.
The motion was agreed to and the Senate retired to the
Senate Chamber.
The House was called to order by the Speaker at 1:05 P.M.
The roll was taken.
A quorum of 82 Members present.
Mr. Beasley moved that the remarks of the Governor be
spread upon the pages of the Journal.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

The motion was agreed to.
Thereupon, at the hour of 1:15 P. M. the House stood ad-
journed until 2:15 P. M. today.
AFTERNOON SESSION
The House reconvened at 2:15 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken and the following Members were re-
corded present:

Mr. Speaker Griffin,J.J.,Jr.
Alexander Grimes
Anderson Herrell
Arrington Hollahan
Askins Hopkins
Ayers Horne
Bartholomew Inman, J. C.
Beasley Inman, W. M.
Beck Johnson
Blank Jones
Carney Karl
Chaires Kimbrough
Chappell Livingston
Cleveland Maness
Crews Mann
Cross Manning
Daniel Marshburn
Duncan Mattox
Frederick McAlpin
Gibbons Mitchell, R. 0.
Griffin,B.H.,Jr. Mitchell, Sam
A quorum present.

Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peacock
Peavy
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders
Shaffer

Shipp
Smith, R. J.
Smith, S. C.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Weinstein
Williams. B.D.
. Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

Mr. Surles moved that a committee be appointed to escort
the Honorable Beth Johnson and the Honorable Jack C. Inman,
newly elected Representatives from Orange County, to the
rostrum.
The motion was agreed to.
Thereupon, the Speaker appointed Messrs, Surles, Usina and
Cleveland as the committee which escorted Mrs. Johnson
and Mr. Inman to the rostrum where each was presented and
briefly addressed the Membership of the House.
CONSIDERATION OF MESSAGES FROM THE SENATE
The following messages from the Senate were received and
read:
Tallahassee, Florida,
September 30, 1957
The Honorable Doyle E, Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-

By Senators Stratton and Pearce-
S. B. No. 1-X(57)-A bill to be entitled An Act relating to
tax on sales, use and certain transactions; amending Section
212.08(7), Florida Statutes, relating to specified exemptions.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate

The Speaker ruled that the introduction and consideration
of Senate Bill No. 1-X, contained in the above message, would
constitute Legislative business other than that for which the
Legislature was especially convened.

Mr. Beasley moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Bill No. 1-X.
The motion was agreed to by the required Constitutional

7

two-thirds vote, and Senate Bill No. 1-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title and ordered referred
to the Committee on Finance & Taxation.
Mr. Surles moved that Senate Bill No. 1-X be withdrawn
from the Committee on Finance & Taxation and placed on the
Calendar.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 1-X was ordered withdrawn from the Committee on
Finance & Taxation and placed on the Calendar.
Mr. Beasley was given unanimous consent to now consider
Senate Bill No. 1-X.
Mr. Beasley moved that the rules be waived and Senate
Bill No. 1-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 1-X was read a second time by title.
Mr. Beasley moved that the rules be further waived and
Senate Bill No. 1-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 1-X was read a third time in full.

When the
result was:

vote was taken on the passage of the bill the

Yeas:
Mr. Speaker Grimes
Alexander Herrell
Anderson Hollahan
Arrington Hopkins
Askins Horne
Ayers Inman, J. C.
Bartholomew Inman, W. M.
Beasley Johnson
Beck Jones
Blank Karl
Carney Kimbrough
Chaires Livingston
Cleveland Maness
Crews Mann
Cross Manning
Duncan Marshburn
Frederick Mattox
Gibbons McAlpin
Griffin,B.H.,Jr. Mitchell, R. O.
Griffin,J.J.,Jr. Mitchell, Sam
Yeas-80.

Nays-None.

Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peacock
Peavy
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders

Shaffer
Shipp
Smith, R. J.
Smith, S. C.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated.

Mr. Mann moved that the rules be further waived and Senate
Bill No. 1-X be immediately certified to the Senate.

The motion was agreed to by a two-thirds vote, and the bill
was ordered immediately certified to the Senate.
Tallahassee, Florida,
September 30, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.

Sir:

I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-

By Senators Kickliter, Carraway, Davis, Pearce and Shands-

S. B. No. 2-X(57)--A bill to be entitled An Act relating to
alcoholic beverages; amending section 561.43, Florida Statutes,
providing for certain exemptions from prohibition of licensing
manufacturers or distributors in dry counties; setting effec-
tive date.

Sept. 30, 1957

8

-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
The Speaker ruled that the introduction and consideration
of Senate Bill No. 2-X, contained in the above message, would
constitute Legislative business other than that for which the
Legislature was especially convened.
Mr. Cross moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Bill No. 2-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 2-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title and ordered referred
to the Committee on Temperance.
Mr. Sweeny moved that Senate Bill No. 2-X be withdrawn
from the Committee on Temperance and placed on the Calen-
dar.
The motion was agreed to by a two-thirds vote, and Senate
Bill No. 2-X was ordered withdrawn from the Committee on
Temperance and placed on the Calendar.
Mr. Cross was given unanimous consent to now consider
Senate Bill No. 2-X.
Mr. Cross moved that the rules be waived and Senate Bill
No. 2-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 2-X was read a second time by title.
Mr. Cross moved that the rules be further waived and Senate
Bill No. 2-X be read a third time in full and placed upon its
passage.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 2-X was read a third time in full.
When the vote was taken on the passage of the bill the
result was:
Yeas:
Mr. Speaker Herrell O'Neill Stewart, E. L.
Alexander Hollahan Orr Stone
Anderson Hopkins Papy Strickland
Arrington Inman, J. C. Patton Surles
Askins Inman, W. M. Peavy Sweeny
Ayers Johnson Petersen Turlington
Bartholomew Jones Porter Usina
Beasley Karl Putnal Vocelle
Beck Kimbrough Roberts, C. A. Wadsworth
Blank Livingston Roberts, E. S. Weinstein
Cleveland Mann Roberts, H. W. Williams. B.D.
Crews Manning Rowell, E. C. Williams, G.W.
Cross Marshburn Rowell, M H. Williams,J.R.A.
Duncan Mattox Russ Wise
Frederick McAlpin Ryan Youngberg
Gibbons Mitchell, R. O. Shaffer Zelmenovitz
Griffin,B.H.,Jr. Mitchell, Sam Shipp
Griffin,J.J.,Jr. Muldrew Smith, R. J.
Grimes Musselman Smith, S. C.
Nays:
Peacock Saunders
Yeas- 73
Nays- 2
So the bill passed, title as stated.
Mr. Mann moved that the rules be further waived and Senate
Bill No. 2-X be immediately certified to the Senate.
The motion was agreed to by a two-thirds vote, and the bill
was ordered immediately certified to the Senate.
Mr. Peters asked to be recorded present.

INTRODUCTION AND REFERENCE OF HOUSE BILLS,

Sept. 30, 1957

JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CONCUR-
RENT RESOLUTIONS AND MEMORIALS
By Messrs. Beasley of Walton, Surles of Polk, Herrell of
Dade, Alexander of Liberty, Anderson of Jefferson, Arrington
of Gadsden, Askins of Nassau, Ayers of Hernando, Bartholomew
of Sarasota, Beck of Putnam, Chaires of Dixie, Chappell of
Marion, Cleveland of Seminole, Conner of Bradford, Crews of
Baker, Cross of Alachua, Daniel and Duncan of Lake, Gibbons
of Hillsborough, Griffin of Polk, Griffin of Osceola, Hollahan of
Dade, Hopkins of Escambia, Horne of Leon, Inman of Gadsden,
Jones of Taylor, Kimbrough of Santa Rosa, Livingston of High-
lands, Mann of Hillsborough, Manning of Holmes, Marshburn
of Levy, Mattox of Polk, McAlpin of Hamilton, Mitchell of Leon,
Mitchell of Washington, Musselman of Broward, O'Neill of
Marion, Peacock of Jackson, Peavy of Madison, Petersen of
Pinellas, Pratt of Manatee, Putnal of Lafayette, Roberts of
Union, Roberts of Palm Beach, Roberts of Suwannee, Rowell of
Martin, Russ of Wakulla, Rowell of Sumter, Ryan of Broward,
Saunders of Clay, Shaffer of Pinellas, Shipp of Jackson, Smith
of DeSoto, Stewart of Hendry, Stone of Escambia, Strickland
of Citrus, Usina of St. Johns, Williams of Columbia, Williams
of Hardee, Williams of Pasco, Wise of Okaloosa, Zelmenovitz
of Okeechobee, Weinstein of St. Johns, Wadsworth of Flagler,
and Mrs. Patton of Franklin-
H. C. R. No. 4-X-A Concurrent Resolution condemning, de-
ploring and resenting the use of federal troops in the City of
Little Rock, Arkansas, and urging their immediate withdrawal
by the President of the United States.
WHEREAS, on Tuesday, September 24, 1957, the President of
the United States, Dwight D. Eisenhower, unlawfully and with-
out lawful authority or reasonable provocation stunned and
shocked the population of the city of Little Rock, state of Ar-
kansas and the entire nation by sending federal troops into
the said city of Little Rock, and
WHEREAS, the President of the United States ordered said
troops into the city of Little Rock without due and adequate
consideration for the rights of the people of the sovereign state
of Arkansas and of the several states of the United States, and
WHEREAS, such unwarranted and unjustified action and
conduct on the part of the President of the United States con-
stitutes the most ignoble deed ever to have been done by a chief
executive of this nation; that the people of Little Rock found
themselves, in the face of armed paratroops and armored tanks,
both bootless and strapless, and
WHEREAS, such unnecessary, unwarranted and unjustified
conduct on the part of the President of the United States is of
grave concern to all the population, both white and negro,
as same may jeopardize the rights of the inhabitants of several
sovereign states of the United States, and which conduct on
the part of the President of the United States could and may
lead to the ultimate loss of the rights which the people of the
several states have historically cherished, NOW, THEREFORE,
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES
OF THE STATE OF FLORIDA, THE SENATE CONCURRING:
Section 1. That the Legislature of the State of Florida, in
session assembled, condemns, deplores and resents the use of
federal troops in Little Rock, and urges the immediate with-
drawal of said troops from the said city of Little Rock and
from the state of Arkansas.
Section 2. That the President of the United States in the
future, give more serious and more mature consideration to
the rights of the citizens of the several states of the United
States before declaring war on the citizens of the said state.
Section 3. That this resolution be spread upon the Journal
of the House of Representatives and the Senate of the state
of Florida, and that a copy of same be sent forthwith to the
President of the United States of America and one to the Gov-
ernor of each of the forty-eight states, and one to each of the
members of the Supreme Court of the United States and the
Attorney General of the United States of America.
The Speaker ruled that the introduction and consideration of
House Concurrent Resolution No. 4-X would constitute Legis-
lative business other than that for which the Legislature was
especially convened.
Mr. Beasley moved that this House determine that it shall

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

transact the Legislative business of the introduction and con-
sideration of House Concurrent Resolution No. 4-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Concurrent Resolution No. 4-X
was admitted for introduction and consideration by the House.
The concurrent resolution was read the first time in full
and referred to the Committee on Resolutions.
Mr. Beasley moved that House Concurrent Resolution No.
4-X be withdrawn from the Committee on Resolutions and
placed on the Calendar.
A roll call was demanded.
When the vote was taken on the motion, the result was:

Yeas:
Anderson
Arrington
Askins
Ayers
Beasley
Chaires
Chappell
Cleveland
Crews
Daniel
Duncan
Gibbons
Griffin,J.J.,Jr.
Grimes
Nays:
Mr. Speaker
Alexander
Bartholomew
Beck
Blank
Carney
Cross
Yeas-53.
Nays-28.

Herrell
Horne
Inman, W. M.
Jones
Kimbrough
Livingston
Mann
Manning
Marshburn
Mattox
McAlpin
Mitchell, R. O.
Mitchell, Sam
O'Neill

Frederick
Griffin,B.H.,Jr.
Hollahan
Hopkins
Inman, J. C.
Johnson
Karl

Patton
Peacock
Peavy
Peters
Putnal
Roberts, C. A.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Saunders
Shaffer
Shipp
Smith, S. C.

Maness
Muldrew
Musselman
Orr
Papy
Petersen
Porter

Stewart, E. L.
Stone
Strickland
Surles
Usina
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Zelmenovitz

Roberts, E. S.
Ryan
Smith, R. J.
Sweeny
Turlington
Vocelle
Youngberg

The motion was not agreed to by a two-thirds vote.
By Messrs. Papy and Porter of Monroe-
H. B. No. 5-X-A bill to be entitled An Act amending Sec-
tion 1 of Chapter 31009, Laws of Florida, Acts of the Legisla-
ture, year 1955, entitled "An Act amending Section 1 of
Chapter 29295, Laws of Florida, Acts of the Legislature year
1953, entitled 'An Act amending Section 16 of Chapter 26042,
Laws of Florida, Acts of the Legislature year 1949, entitled 'An
Act providing for the creation, organization and administra-
tion of anti-mosquito districts in Monroe County, Florida; pro-
viding for the appointment and election of commissioners for
said district; specifying their rights, powers and duties; provid-
ing for the financing by taxation, and for the disbursement of
such finances: naming the duties of county commissioners, tax
assessors and collectors; and providing penalties for damages
to any works of the district'. By changing the method by which
the board of county commissioners of Monroe County, Florida
determines the amount of taxes levied for the Monroe County
anti-mosquito district by limiting the rate of taxation to 1
mill; repealing all laws and parts of laws, whether general or
special, in conflict with this Act to the extent of such con-
flict; and providing when Act shall take effect.' By increas-
ing the rate of taxation to be levied for said district." By in-
creasing the rate of taxation to be levied for said district and
repealing all laws and parts of laws in conflict with this Act.
The Speaker ruled that the introduction and consideration
of House Bill No. 5-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Papy moved that this House determine that it shall
transact the Legislative business of the introduction and
consideration of House Bill No. 5-X.
The moti6n was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 5-X was admitted for
introduction and consideration by the House.

Proof of Publication of notice attached to House Bill No.
5-X
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the bill was read the first time by title.
Mr. Papy was given unanimous consent to now consider
House Bill No. 5-X.
Mr. Papy moved that the rules be waived and House Bill

No. 5-X be read a second time bW title.
The motion was agreed to by a two-thirds vote and House
Bill No. 5-X was read a second time by title.
Mr. Papy moved that the rules be further waived and House
Bill No. 5-X be read a third time in full and placed upon its
passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 5-X was read a third time in full.

When the vote was taken
result was:
Yeas:
Mr. Speaker Herrell
Alexander Hollahan
Anderson Hopkins
Arrington Inman, J. C.
Askins Inman, W. M.
Ayers Johnson
Beasley Jones
Beck Karl
Blank Kimbrough
Chaires Livingston
Chappell Maness
Cleveland Mann
Crews Manning
Cross Marshburn
Daniel Mattox
Frederick McAlpin
Gibbons Mitchell, R. O.
Griffin,B.H.,Jr. Mitchell, Sam
Griffin,J.J.,Jr. Muldrew
Grimes Musselman
Yeas- 78
Nays- None

on the passage of the bill the

O'Neill Smith, R. J.
Orr Smith, S. C.
Papy Stewart, E. L.
Patton Stone
Peacock Strickland
Peavy Surles
Peters Sweeny
Petersen Turlington
Porter Usina
Putnal Vocelle
Roberts, C. A. Wadsworth
Roberts, E. S. Weinstein
Roberts, H. W. Williams. B.D.
Rowell, E. C. Williams, G.W.
Rowell, M H. Williams,J.R.A.
Russ Wise
Ryan Youngberg
Saunders Zelmenovitz
Shaffer
Shipp

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
By Messrs. Moody, Gibbons and Mann of Hillsborough-
H. B. No. 6-X-A bill to be entitled An Act regulating
the establishment of cemeteries in Hillsborough County,
Florida, in which lots are to be sold to the public; providing
for the preparation, filing, and recording of a map or plat of
said cemeteries; requiring the approval of said map or plat
by the Board of County Commissioners; repealing all laws or
parts of laws, both general and special, in conflict therewith
and repealing Chapter 22328, Laws of Florida, Special Acts,
1943; but not regulating the establishment or use of any
church or family cemetery or private burying ground.
The Speaker ruled that the introduction and consideration
of House Bill No. 6-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Mann moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 6-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 6-X was admitted for
introduction and consideration by the House.
Proof of Publication of notice attached to House Bill No. 6-X
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of

Sept. 30, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Article III of the Constitution, has been established in this
Legislature.
And the bill was read the first time by title.
Mr. Mann was given unanimous consent to now consider
House Bill No. 6-X.
Mr. Mann moved that the rules be waived and House Bill
No. 6-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 6-X was read a second time by title.
Mr. Mann moved that the rules be further waived and House
Bill No. 6-X be read a third time in full and placed upon
its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 6-X was read a third time in full.

When the vote was taken
result was:
Yeas:
Mr. Speaker Herrell
Alexander Hollahan
Anderson Hopkins
Arrington Horne
Askins Inman, J. C.
Ayers Inman, W. M.
Bartholomew Johnson
Beasley Jones
Beck Karl
Blank Kimbrough
Chaires Livingston
Chappell Maness
Cleveland Mann
Crews Manning
Cross Marshburn
Daniel McAlpin
Frederick Mitchell, R. O.
Gibbons Mitchell, Sam
Grimes Musselman
Yeas-76.
Nays-None.

on the passage of the bill the

O'Neill
Orr
Papy
Patton
Peacock
Peavy
Peters
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders

Shaffer
Shipp
Smith, R. J.
Smith, S. C.
Stewart, E. L.
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
By Mr. Chaires of Dixie-
H. B. No. 7-X-A bill to be entitled An Act authorizing the
Boards of county commissioners of the counties of this state
having a population of not less than three thousand four hun-
dred and ninety (3,490) and not more than four thousand two
hundred and sixty (4,260) according to the last decennial
federal census, to use county funds and to furnish, when and
as required, lands, easements, rights-of-way and spoil dis-
posal areas, in connection with projects for establishing, im-
proving or expanding public navigation facilities in their coun-
ty, by the United States or any of its agencies, and in provid-
ing and mantatining, without cost to the United States ade-
quate public mooring facilities and utilities, including land-
ings with suitable supply facilities, open to all on equal terms.
The Speaker ruled that the introduction and consideration
of House Bill No. 7-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Chaires moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 7-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 7-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title.
Mr. Chaires was given unanimous consent to now consider
House Bill No. 7-X.

Mr. Chaires moved that the rules be waived and House Bill
No. 7-X be read a second time by title.

Sept. 30, 1957

The motion was agreed to by a two-thirds vote and House
Bill No. 7-X was read a second time by title.
Mr. Chaires moved that the rules be further waived and
House Bill No. 7-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 7-X was read a third time in full.
When the vote was taken on the passage of the bill the
result was:

Yeas:
Mr. Speaker Grimes
Alexander Herrell
Anderson Hollahan
Askins Hopkins
Ayers Horne
Bartholomew Inman, J. C.
Beasley Inman, W. M.
Beck Johnson
Blank Jones
Chaires Karl
Cleveland Kimbrough
Crews Livingston
Cross Maness
Daniel Mann
Frederick Manning
Gibbons Marshburn
Griffin,B.H.,Jr. Mattox
Griffin,J.J.,Jr. McAlpin
Yeas-72.
Nays-None.

Mitchell, Sam
Musselman
Orr
Papy
Patton
Peavy
Peters
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan

Saunders
Shaffer
Smith, S. C.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Weinstein
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
Mr. Cross moved that the rules be waived and the Commit-
tee on Resolutions be permitted to hold a meeting at this time
while the House is in session to consider House Concurrent
Resolution No. 4-X.
The motion was agreed to by a two-thirds vote and it was
so ordered.
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Horne of Leon-
H. J. R. No. 8-X-A Joint Resolution proposing revision of
the preamble of the Constitution of the State of Florida:
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of the Preamble
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or
rejection at an election to be held as provided at this session
of the legislature, that is to say:
PREAMBLE
We, the people of the State of Florida, being grateful to
Almighty God for our constitutional liberty, in order to secure
its blessings and to form a more perfect government, insuring
domestic tranquillity, maintaining public order, and guaran-
teeing equal civil and political rights to all, do ordain and
establish this constitution.
This Preamble is one of a group of fourteen amendments
proposed at the same session of the legislature and submitted
to the electors at the same election, and it shall not become
effective or a part of the constitution unless the electors adopt
simultaneously with this Preamble the amendments consti-
tuting respectively Articles I through IV and VI through XIV.
This paragraph is an integral part of this Preamble and the
entire Preamble shall be invalid if this paragraph is held
invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional provi-
sions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV of
the proposed revised constitution are such that it would be

10

JOURNAL OF THE HOUSE

impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become effec-
tive unless the electors adopt each of said fourteen proposed
amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may by
a single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any one
of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effective
if any portion thereof is held invalid.
-was read the first time in full and referred to the Com-
mittee on Constitutional Amendments.
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Horne of Leon-
H. J. R. No. 9-X-A Joint Resolution proposing revision of
Article I of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article I of
the Constitution of Florida is hereby agreed to and shall be
submitted to the electors of Florida for ratification or rejec-
tion at an election to be held as provided at this session of the
legislature, that is to say:
ARTICLE I
DECLARATION OF RIGHTS
Section 1. Political power-government.-All political pow-
er is inherent in the people. Government is instituted for their
protection, security, and benefit. They have the right to
regulate their government and to amend or repeal this con-
stitution. The enumeration herein of certain rights shall not
be construed to deny or impair others retained by the people.
Section 2. Equality-inalienable rights-property rights of
foreigners.-All persons, including foreigners eligible to be-
come citizens of the United States, are equal before the law
and have inalienable rights. Among these are the right to en-
joy life and liberty, to pursue happiness, to be rewarded for
industry, and to acquire, possess, and protect property; but
the legislature may regulate or prohibit the ownership, in-
heritance, disposition, or possession of real property by persons
ineligible for citizenship.
Section 3. Religious freedom.-The free exercise and en-
joyment of religious belief and worship shall never be abridged,
but this freedom shall not be construed to justify licentious-
ness or practices inconsistent with peace and safety. No person
shall be incompetent as a witness or ineligible for jury duty or
public office because of religious belief. No preference shall be
given by law to any religious denomination or mode of wor-
ship, and no public funds shall be granted directly or indirectly
in aid of any religious denomination or sectarian institution.
Section 4. Freedom of speech and press.-Every person
may freely speak, write, and publish his sentiments on any
subject, being responsible for the abuse of this right, and no
law shall restrain or abridge the freedom of speech or of
the press. The truth of the matter published and good motive
in publishing it shall constitute a complete defense in any
criminal or civil proceeding for defamation.
Section 5. Assembly-petition.-The people may assemble
peaceably to consult for the common good, may instruct their
representatives, and may petition for redress of grievances.
Section 6. Right to work-collective bargaining.-The right
of persons to work shall not be denied or abridged on account
of membership or non-membership in any labor union or labor
organization. This section shall not be construed to deny or
abridge the right of employees by and through a labor organi-
zation or labor union to bargain collectively with their em-

player.

Sept. 30, 1957

crime following conviction. No person shall be imprisoned for
debt without fraud.
Section 18. Penalties imposed by administrative agencies.-
No administrative agency shall impose a sentence of imprison-
ment. Any penalty imposed by an administrative agency shall

E OF REPRESENTATIVES 11

Section 7. Right to bear arms.-Every person may keep
and bear arms in defense of his home, person, property, and
the lawful authority of the state, but the legislature may pre-
scribe the manner of bearing them.
Section 8. Searches and seizures.-The people shall be
secure in their persons, houses, papers, and effects against
unreasonable searches and seizures; and no warrant to search
any place or seize any person or thing shall issue except upon
oath or affirmation showing probable cause and particularly
describing the place to be searched and the person or thing
to be seized.
Section 9. Access to courts.-The courts shall be open to
every person for redress of any injury, and justice shall be
administered without sale, denial or delay.
Section 10. Condemnation preliminary taking.-Private
property shall not be taken without full compensation determ-
ined by a jury of twelve. Interim possession may be obtained
after commencement of suit upon securing payment by deposit
of money, an equitable part of which shall be released upon
application of the party entitled. Benefits resulting from im-
provements proposed to be made by a private or public corpora-
tion or individual shall not be applied in reduction of com-
pensation. The legislature may provide for drainage of private
land over or through that of another upon payment of full
compensation.
Section 11. Attainder-ex post facto law-impairment of
contract.-No bill of attainder, ex post facto law, or law im-
pairing the obligation of contracts shall be passed.
Section 12. Indictment-information-p lea-sentence.-No
person shall be tried for capital crime without presentment or
indictment by a grand jury, or for other felony without such
presentment or indictment or an information under oath filed
by the prosecuting officer of the court. A person charged with
any crime not capital may be arraigned and may plead thereto
in term or vacation, and the court may at any time pronounce
judgment and sentence on a plea of guilty.
Section 13. Habeas corpus.-The writ of habeas corpus shall
be granted as of right, promptly and without cost.
Section 14. Bail.-Until adjudged guilty, every person is
entitled to release on reasonable bail with sufficient surety
unless charged with a capital offense and the proof of guilt
is evident or the presumption is great.
Section 15. Jury trial-rights of accused.-The right of
trial by jury in criminal and civil proceedings as heretofore
established shall be secured to all and remain inviolate.
In all criminal prosecutions the accused shall have the right
to demand the nature and cause of the accusation, to be
furnished with a copy of the charges, to have compulsory pro-
cess for attendance of witnesses in his favor, to be confronted
in any trial with the witnesses against him, to be heard in
person or by counsel or both, and to have a speedy, public,
and impartial trial by jury in the county where the crime was
committed, if such county is known. If such county is not
known, the indictment or information may charge venue in
two or more counties conjunctively and proof that the crime
was committed in such area shall be sufficient, but the accused
may before pleading elect the county in which to be tried. No
person shall be compelled to pay costs until convicted on final
trial.
No person shall be twice put in jeopardy for the same offense,
or be compelled in any criminal case to be a witness against
himself, or be deprived of life, liberty, or property without
due process of law.
Section 16. Excessive fines-cruel punishment-attainder-
detention of witnesses.-Excessive fines, cruel or unusual pun-
ishment, attainder, indefinite imprisonment, and unreasonable
detention of witnesses are forbidden.
Section 17. Involuntary servitude-imprisonment for debt.-
Involuntary servitude is prohibited except as punishment for

12 JOURNAL OF THE HOU

be prescribed by law and its imposition shall be subject to
judicial review by trial de novo, or otherwise as the legislature
may provide.
Section 19. Treason.-Treason against the state consists
only of levying war against it or of adhering to or aiding its
enemies; and no person shall be convicted thereof without con-
fession in open court or the testimony of two witnesses to the
same overt act.
Section 20. Military subordinate to civil-quartering.-The
military power is in strict subordination to the civil. No member
of the military shall be quartered on private property in time
of peace without the consent of the owner, and in time of war
all quartering shall be as prescribed by law.
Section 21. Effective date of this article.-This article is one
of a group of fourteen amendments proposed at the same ses-
sion of the legislature and submitted to the electors at the same
election, and it shall not become effective or a part of the con-
stitution unless the electors adopt simultaneously with this
article the amendments constituting respectively the Preamble
and Articles II, III, IV, and VI through XIV. This section is
an integral part of this article and the entire article shall be
invalid if this section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV of
the proposed revised constitution are such that it would be im-
practicable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become
effective unless the electors adopt each of said fourteen pro-
posed amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments at
the same election in such manner that each elector may by a
single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any one
of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-was read the first time in full and referred to the Com-
mittee on Constitutional Amendments.
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Horne of Leon-
H. J. R. No. 10-X-A Joint Resolution proposing revision
of Article II of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article II
of the Constitution of Florida is hereby agreed to and shall be
submitted to the electors of Florida for ratification or rejec-
tion an an election to be held as provided at this session of
the legislature, that is to say:

ARTICLE II
GENERAL PROVISIONS
Section 1. Rules of construction.- Unless qualified in the
text the following rules of construction shall apply to this con-
stitution :
(a) "Herein" refers to the entire constitution.
(b) The singular includes the plural.
(c) The masculine includes the feminine and the neuter.

S

(d) "Vote of the electors" means the vote of the majority
of those voting on the matter in an election, general or special,
in which those participating are limited to the qualified electors
of the governmental unit referred to in the text.

E OF REPRESENTATIVES Sept. 30, 1957

(e) Vote or other action of a legislative house or other
governmental body means the vote or action of a majority or
other specified percentage of those members voting on the
matter; the vote or other action "of the membership" means
the vote or action of all members thereof.
(f) Titles and subtitles shall not be used in construction.
Section 2. Branches of government.- The powers of the
state government shall be divided into the Legislative, Execu-
tive, and Judicial branches. No person properly belonging to
one branch shall exercise any powers appertaining to either
of the other branches unless expressly provided herein.
Section 3. State boundaries.- The state boundaries are:
Begin at the mouth of the Perdido River, which for the pur-
poses of this description is defined as the point where latitude
30'16'53" north and longitude 87031'06" west intersect; thence
to the point where latitude 3017'02" north and longitude
8731'06" west intersect; thence to the point where latitude
3018'00" north and longitude 87027'08" west intersect; thence
to the point where the center line of the Intracoastal Canal
(as the same existed on June 12, 1953) and longitude 87'27'00"
west intersect; the same being in the middle of the Perdido
River; thence up the middle of the Perdido River to the point
where it intersects the south boundary of the State of Ala-
bama, being also the point of intersection of the middle of the
Perdido River with latitude 31"00'00" north; thence east, along
the south boundary line of the State of Alabama, the same
being latitude 3100'00", north to the middle of the Chatta-
hoochee River; thence down the middle of said river to its
confluence with the Flint River; thence in a straight line to
the head of the St. Marys River; thence down the middle of
said river to the Atlantic Ocean, and extending therein to a
point three geographic miles from the Florida coast line, mean-
ing the line of ordinary low water along that portion of the
coast which is in direct contact with the open sea and the line
marking the seaward limit of inland waters; thence south-
eastwardly following a line three geographic miles distant from
the Atlantic coast line of the state and three leagues distant
from the Gulf of Mexico coast line of the state to and around
the Tortugas Islands; thence northeastwardly, three leagues
distant from the coast line, to a point three leagues distant
from the coastline of the mainland; thence north and north-
westwardly, three leagues distant from the coast line, to
a point west of the mouth of the Perdido River, three leagues
from the coast line, as measured on a line bearing 0001'00"
west from the point of beginning; thence along said line to
the point of beginning.
The legislature may extend the coastal boundaries to such
limits as the laws of the United States or international law
may permit.
Section 4. Seat of government-location of offices.-The
seat of government shall be the City of Tallahassee, in Leon
County, where the offices of the executive officers and of the
supreme court shall be maintained; provided, when necessary
because of invasion or grave emergency the governor by procla-
mation may for the period necessary transfer the seat of
government to another place. Administrative agencies shall
maintain their offices at the places prescribed by law.
Section 5. State seal and flag.--The design of the great
seal and flag of the state shall be prescribed by the legislature.

Section 6. Felony-definition.- The term "felony" as used
herein and in the laws of this state shall mean any criminal
offense that is punishable under the laws of this state, or that
would be punishable if committed in this state, by death or by
imprisonment in the state penitentiary.
Section 7. Census.- The latest state-wide decennial federal
census shall be the official state census and shall be cited in
all laws based on population and for reapportionment of
representation. County or district censuses may be taken for
all other purposes as provided by law.
Section 8. Public officers-methods of selection-qualifica-
tions-residence and other limitations-appointment-vacancy
-refusal of confirmation-term-duties and personal attention

thereto-oath-bond-payment of compensation.- The legisla-
ture shall provide for election by the people or appointment by
the governor of each state or county officer if the method of
his selection is not provided herein, and except as provided
herein it shall prescribe his qualifications, method of election,

JOURNAL OF THE HOUSE

duties, powers, term, and compensation, and also the member-
ship of each board or commission. Each public officer shall
maintain his residence within the area from which selected
whenever election or appointment from a designated area is
required by law. No person holding or exercising the functions
of any office under a foreign government, the United States,
or another state, shall hold any office of honor or profit under
the government of this state. No person shall at the same time
hold or perform the functions of more than one office under
the government of this state; provided, notaries public and
military officers may be elected or appointed to fill any single
legislative, executive, or judicial office.
Except as provided herein and as may be provided by law
for selection of jury commissioners, the governor shall make
all appointments to each state or county appointive office and
shall fill each vacancy in office. Vacancy occurs upon death,
failure to qualify within fifteen days from commencement of
the term of office to which elected, or, after qualification, upon
removal, impeachment, resignation, succession to another office,
failure to maintain residence within the area from which
selected, or unexplained absence for six months. If confirma-
tion of appointment to an office is required and the senate
disapproves the appointment, the person proposed shall be
ineligible for appointment to that office for four years from
refusal of confirmation.
Except as provided herein no term of office shall exceed four
years and the term of each elective officer shall commence
at noon, standard time at the seat of office, on the first Tues-
day after the first Monday in January following the election.
An officer elected to fill a vacancy shall serve from noon on
such Tuesday for the unexpired portion of the term, and one
appointed to fill a vacancy in elective office shall serve until
his elected successor takes office. An appointive officer whose
term is not fixed by law shall serve at the pleasure of the
appointing authority. Each public officer shall continue in
office until his successor qualifies.
Each public officer or agency shall perform the duties pre-
scribed herein, and all except the governor shall perform all
other duties prescribed by law. Each public officer shall devote
personal attention to the duties of his office. Each legislator
shall take the following oath of office on the first day of the
next session of the legislature following his election but upon
election shall be qualified to participate in all interim legisla-
tive activities, and each other public officer before taking office
shall swear or affirm: "I do solemnly swear [or affirm] that
I will support, protect, and defend the Constitution and Gov-
ernment of the Unitetaed Stats and of the State of Florida; that
I am duly qualified to hold office under the Constitution of
the State; and that I will well and faithfully perform the duties
of [title of office] on which I am now about to enter. So help
me God."
Each public officer shall give bond as provided by law and
shall not be surety upon the official bond of another public
officer. His compensation shall be payable monthly on his own
requisition.
Section 9. Property of married women.--All property of a
wife owned before or acquired after marriage shall be her
separate property and shall not be liable for the debts of her
"husband without her written consent executed according to
law governing conveyance of the subject property.
Section 10. Suits against public bodies-extra compensa-
tion-claim bills.- The legislature may provide by general law
for suits against the state or any public body therein.
No extra compensation shall be paid to any officer, agent,
or employee after the service is rendered, or to any contractor
except in accordance with the terms of the contract. No money
shall be appropriated for or paid on any claim not specifically
identified and provided for by law in force when the claim
accrues unless the compensation or claim has been allowed
by bill passed by two thirds of the members elected to each
house of the legislature.
Section 11. Civil actions-restrictions on statutes of limita-
tion.--The time for bringing a civil action on any existing
cause of action shall not be reduced without providing a
reasonable period for bringing it.
Section 12. Criminal statutes-repeal or modification.-Re-
peal or amendment of a criminal statute shall not affect

Sept. 30, 1957

otherwise provided by law.
Section 2. Governor-message to legislature.-At least once
in each regular session the governor shall by message inform

E OF REPRESENTATIVES 13

prosecution or punishment for any crime committed prior
thereto.
Section 13. Amendments to United States constitution -
prerequisite to state action.-No state convention or legislature
shall take action on any proposed amendment to the constitu-
tion of the United States unless a majority of the members
thereof shall have been elected after its submission to the
states.
Section 14. Lotteries prohibited.-All lotteries are pro-
hibited.
Section 15. Miscegenation prohibited.-Marriage between
a white person and a person of negro descent through the
fourth generation is prohibited.
Section 16. Effective date of this article.-This article is
one of a group of fourteen amendments proposed at the same
session of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part
of the constitution unless the electors adopt simultaneously
with this article the amendments constituting respectively the
Preamble and Articles I, III, IV, and VI through XIV. This
section is an integral part of this article and the entire
article shall be invalid if this section is held invalid
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become ef-
fective unless the electors adopt each of said fourteen pro-
posed amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may by
a single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any
one of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-was read the first time in full and referred to the Com-
mittee on Constitutional Amendments.
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Horne of Leon-
H. J. R. No. 11-X-A Joint Resolution proposing revision
of Article IV of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article IV
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or re-
jection at an election to be held as provided at this session
of the legislature, that is to say:
ARTICLE IV
EXECUTIVE
Section 1. Governor-chief executive-commander-in-chief
-grants-commissions.-The supreme executive power shall be
vested in the governor. He shall take care that the laws are
faithfully executed, be commander-in-chief of all state armed
forces not in the active service of the United States, transact
all executive business with state civil and military officers, and
sign all grants. He shall issue each state and county officer a
commission in the name of the state, bearing its great seal
attested by the secretary of state, and shall sign it unless

14 JOURNAL OF THE HOU

the legislature concerning the condition of the state and
recommend measures in the public interest.
Section 3. Governor-suspensions-filling office during sus-
pensions.-By executive order stating the ground and filed
with the secretary of state, the governor may suspend from
office any state officer not subject to impeachment, any officer
of the militia not in the active service of the United States, or
any county officer, for malfeasance, misfeasance, neglect of
duty, drunkenness, incompetence, permanent inability to per-
form his official duties, or commission of a felony, and may
fill the office by appointment for the period of suspension.
The suspended officer shall be deemed to have acquiesced in
the suspension and surrendered all claim to the office unless
within thirty days from the filing of the suspension order he
shall file with the secretary of state a written demand for a
hearing, which shall be accorded promptly before the governor
or a disinterested cabinet member designated by the governor
in writing. All evidence supporting the suspension and all evi-
dence that the officer has in his defense shall be presented
and recorded at the hearing, and a transcript thereof and all
documentary evidence shall be filed with the secretary of state.
The governor shall thereupon file with the secretary of state
a further order stating his findings and finally confirming or
revoking the suspension. If the order does not revoke the
suspension and reinstate the officer, the secretary of state shall
transmit to the senate, on the next day it is in regular session,
certified copies of the orders and of the record of the hearing;
provided, if these copies are not submitted prior to the forty-
sixth day of the session the senate may postpone consideration
until the next session. The senate may take further evidence
and shall sustain or disapprove the suspension. If it disapproves
before adjourning, the officer shall be reinstated and shall re-
ceive compensation from the state to the date of reinstate-
ment or to the date of expiration of his term of office, which-
ever is earlier. The proceedings hereunder shall not affect his
criminal or civil liability.
Section 4. Cabinet membership election- term -
qualifications. -The Cabinet shall consist of the Governor,
Secretary of State, Attorney General, Comptroller, Treasurer,
Superintendent of Education, and Commissioner of Agriculture.
Each cabinet member shall be elected quadrennially at the
same state-wide general election for a term of four years and
when elected shall be at least twenty-five years of age and
for the ten immediately preceding years shall have been a
citizen and resident of the state. No person who has become
governor by election or succession shall again be governor
until four years after the expiration of the term within which
he served.
Section 5. Cabinet-duties as board of commissioners of
state institutions and as budget commission.-The cabinet shall
constitute the Board of Commissioners of State Institutions,
which shall supervise state institutions in the manner pre-
scribed by law.
Section 6. Appointment of directors-repors-re ts.--The legis-
lature may authorize any board composed entirely of cabinet
members to appoint a director of any department under the
supervision of such board.
The governor may require information in writing from any
state executive or administrative officer and from any county
officer regarding his executive or administrative duties. At
the beginning of each regular session of the legislature, and
at such other times as the governor may request, each state
executive officer shall report in writing his official acts and the
receipts, expenditures, and requirements of his office to the
governor, who shall lay the reports before the legislature at
the beginning of the session.
Each state, county, district, or municipal executive officer,
agency head, or employee shall furnish information regarding
his department, office, or employment upon the request of
either house of the legislature.

Section 7. (a) Pardon board-application for pardon.-The
cabinet shall constitute the Pardon Board. In all cases except
treason the governor and any three others may grant full or
conditional pardons, restore civil rights, commute punishment,

and remit fines and forfeitures. The legislature shall pre-
scribe the manner of applying for pardons.
(b) Governor-reprieves-remissions or suspensions of fines.

S

- L W .M ma w M dlL aAf

by law relating to agriculture, shall maintain the Bureau of
Agricultural Information, and shall be custodian of records
pertaining to public lands.
Section 16. Game and fresh water fish commission-duties
- membership director powers licenses penalties -
State game fund.-(a) The management, restoration, conser-

;E OF REPRESENTATIVES Sept. 30, 1957

-The governor may suspend collection of fines and forfeitures
and grant reprieves not exceeding sixty days in all cases except
treason. In cases of treason the reprieve may extend to the
next legislative session, and at the commencement thereof the
governor shall report the treason cases to the legislature, which
may direct execution of the sentence or grant a pardon or
further reprieve. If it adjourns without disposing of the case
the governor shall enforce the sentence. A record of each
pardon, commutation, remission, reprieve, and suspension
granted shall be filed with the secretary of state.
(c) Parole commission.-The legislature may create a Pa-
role Commission, prescribe the qualifications, method of selec-
tion, and terms of its members, and empower it to supervise
persons on probation and to grant parole or conditional re-
leases to persons under sentence for crime.
Section 8. Advisory opinions of justices.-The governor may
request in writing the opinion of the justices of the supreme
court as to the interpretation of any portion of this constitu-
tion upon any question affecting his executive powers and
duties. The justices shall, subject to their rules of procedure,
permit interested persons to be heard on the questions pre-
sented. They shall render their written opinion not earlier
than ten days from the filing and docketing of such request, un-
less in their judgment such delay would cause public injury.
Section 9. Succession to office of governor-service as acting
governor.-The secretary of state shall become governor upon
failure of the governor-elect to qualify or upon death, resig-
nation, or removal of the governor. Further succession to the
office of governor shall devolve first upon the president of the
senate, next upon the speaker of the house of representatives,
and thereafter as prescribed by law. A successor shall serve
for the remainder of the term.
Upon impeachment of the governor and until completion of
trial thereon, or during his physical or mental incapacity, the
secretary of state shall act as governor. Further succession
as acting governor shall devolve first upon the president of the
senate, next upon the speaker of the house of representatives,
and thereafter as prescribed by law. Incapacity to serve as
governor shall be determined only by the supreme court upon
due notice after docketing of written suggestion thereof by four
cabinet members, and restoration of capacity shall be similarly
determined after docketing of written suggestion thereof by
the governor, the legislature, or four cabinet members; pro-
vided, by certificate filed with the secretary of state the gov-
ernor may declare his incapacity for physical reasons to serve
as governor or may declare that incapacity has ceased.
Section 10. Secretary of state-duties.-The secretary of
state shall keep the records s of official acts of the legislative and
executive departments and when requested by either house of
the legislature shall lay them and all related matters before it.
He shall attest and affix the great seal of the state to all grants
and commissions and be custodian of the great seal of the state.
Section 11. Attorney general-duties.--The attorney general
shall be the legal advisor to each officer of the state executive
branch.
Section 12. Comptroller-duties.-The comptroller shall ex-
amine, preaudit, adjust, and settle all state accounts. He shall
be responsible for collecting all taxes due the state except as
provided by law.
Section 13. Treasurer-duties.-The treasurer, in the man-
ner prescribed by law, shall keep all funds and securities and
make all disbursements, but he shall not disburse funds without
the order of the comptroller, countersigned by the governor as
a ministerial duty enforceable by writ of mandamus.
Section 14. Superintendent of education-duties.-The state
superintendent of education shall supervise the public school
system according to law.
Section 15. Commissioner of agriculture duties.-The
commissioner of agriculture shall perform the duties prescribed

JOURNAL OF THE HOUSE

vation, and regulation of the mammal, bird, reptile, and am-
phibian wildlife, and of the fresh water fish of the state, and
the acquisition, establishment, control, and management of
hatcheries, sanctuaries, refuges, reservations, and property
owned or used for such purposes by the state, shall be vested
in a Game and Fresh Water Fish Commission, a body corporate
composed of five members. The cabinet shall from time to time
divide the state into five districts and, subject to confirmation
by the senate, shall appoint the commissioners, one from each
district, for terms of five years staggered so that one of
the terms expires each year. The commissioners shall an-
nually select one of their members as chairman. They shall
receive travel and per diem allowances and may receive com-
pensation as provided by law.
(b) The commission shall appoint and at pleasure remove
a Director, who shall be its executive head. He shall, subject
to approval by the commission, appoint, fix the salaries of,
and discharge its assistants and employees and shall exercise
other powers and perform other duties prescribed by it. Mem-
bers of the commission are ineligible for employment by it.
(c) The commission may, among its powers, establish bag
limits and open and closed seasons on a state-wide, regional,
or local basis and regulate the manner of taking, transporting,
storing, and using mammals, birds, game, fur-bearing animals,
reptiles, amphibians, and fresh water fish.
(d) The legislature shall have exclusive power to enact
laws imposing license taxes relating to this section and to fix
penalties for violation of regulations made pursuant to it
and may enact laws in aid of but not inconsistent with its
provisions.
(e) Funds derived from the operation of the commission
and from license taxes authorized by this section, and all
other funds appropriated or provided from any source for the
purposes comprehended by it, shall constitute the^State Game
Fund and shall be used exclusively by the commission and
solely for the purposes provided in this section. Unless other-
wise authorized by law the commission shall not incur any
obligations exceeding the current amount of the fund.
Section 17. Conservation of salt water fish, shellfish, and
products.-The legislature shall establish an agency to con-
serve and supervise the salt water fish, salt water shellfish,
and salt water products of the state and shall empower it
to make regulations relating thereto, which need not apply
uniformly throughout the state and may be repealed or modi-
fied by law. Should the game and fresh water fish commission
be established as the agency, it shall thereupon be designated
Game and Fish Commission.
Section 18. Railroad and public utilities commission.-The
legislature shall establish a Railroad and Public Utilities
Commission and prescribe its membership, duties, and powers,
including quasi-judicial powers.
Section 19. Effective date of this article.-This article is
one of a group of fourteen amendments proposed at the same
session of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part of
the constitution unless the electors adopt simultaneously with
this article the amendments constituting respectively the Pre-
amble and Articles I, II, III, and VI through XIV. This section
is an integral part of this article and the entire article shall
be invalid if this section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become
effective unless the electors adopt each of said fourteen pro-
posed amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may by
a single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any one
of them.

Sept. 30, 1957

same election, and it shall not become effective or a part of the
constitution unless the electors adopt simultaneously with this
article the amendments constituting respectively the Preamble
and Articles I through IV and VII through XIV. This section

;E OF REPRESENTATIVES 15

Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effective
if any portion thereof is held invalid.
-was read the first time in full and referred to the Com-
mittee on Constitutional Amendments.
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Home of Leon-
H. J. R. No. 12-X-A Joint Resolution proposing revision
of Article VI of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article VI
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or
rejection at an election to be held as provided at this session
of the legislature, that is to say:
ARTICLE VI
SUFFRAGE AND ELECTIONS
Section 1. Secret vote-direct vote-choice by plurality-
regulation of elections.- Unless otherwise provided herein, all
elections by the people shall be by secret and direct vote and
shall be determined by a plurality of the votes cast. The con-
duct of elections, requirements for absentee voting, methods of
voting, determination of election returns, and procedure in
election contests shall be prescribed by law. Recognition, regul-
ation, and nominating procedure of political parties shall be
provided by law.
Section 2. Electors qualifications registration.- Every
citizen of the United States who is twenty-one years of age,
and who immediately preceding registration has been a perma-
nent resident for one year in the state and for six months in
the county in which he applies to register, shall upon register-
ing be a qualified elector of such county at all elections under
this constitution. The legislature shall provide for registration
of all electors, and may provide for registration of electors
outside the territorial limits of the state, and no person may
vote unless registered according to law. A naturalized citizen
shall exhibit his certificate of naturalization or a duly certified
copy thereof to the registration officer when applying for
registration.
Section 3. Oath of electors.-Each elector shall take the
following oath upon registering: "I do solemnly swear [or
affirm] that I will protect and defend the Constitution of the
United States and the Constitution of the State of Florida,
that I am twenty-one years of age, that I have been a resident
of the State of Florida for one year and of the county for
six months, and that I am qualified to vote under the Con-
stitution and laws of the State of Florida."
Section 4. Disqualifications.-No person convicted in this
state of a felony, or elsewhere convicted of a crime that would
constitute a felony if committed in this state, or judicially de-
termined to be of unsound mind, or under judicial guardianship
because of mental disability, shall be qualified to vote or hold
public office until his civil rights are restored or his disability
removed.
Section 5. General and special elections.-A general elec-
tion shall be held in each county on the first Tuesday after the
first Monday in November of each even-numbered year to
choose a successor to each elective state or county officer whose
term will expire before the next general election and, except
as provided herein, to fill each vacancy in elective office for the
unexpired portion of the term. The month and day of general
elections may be changed by law.
Special elections and referenda shall be held at the time and
in the manner provided by law.
Section 6. Efective date of this article.-This article is one
of a group of fourteen amendments proposed at the same ses-
sion of the legislature and submitted to the electors at the

16 JOURNAL OF THE HOU

is an integral part of this article and the entire article shall be
invalid if his section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become
effective unless the electors adopt each of said fourteen pro-
posed amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may
by a single vote cast his vote for approval or rejection of all
of them and also in such manner that each elector may, in
the alternative, cast his vote for approval or rejection of any
one of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-was read the first time in full and referred to the Com-
mittee on Constitutional Amendments.
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Home of Leon-
H. J. R. No. 13-X-A Joint Resolution proposing revision of
Article VII of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article VII of
the Constitution of Florida is hereby agreed to and shall be
submitted to the electors of Florida for ratification or rejec-
tion at an election to be held as provided at this session of
the legislature, that is to say:
ARTICLE VII
LOCAL GOVERNMENT
Section 1. Counties municipalities special districts -
powers and functions.-All powers of local government shall
be exercised by counties, municipalities, and special districts,
and shall be limited to those delegated herein or by the legis-
lature. They shall also perform such state functions as the
legislature may provide.
Section 2. Counties as political subdivisions. county seats.
-The state shall be divided into political subdivisions called
counties. The counties and their respective county seats as now
established are recognized, and no county seat may be changed
except by vote of the electors; provided, in the formation of
new counties the county seat may be temporarily established
by law.
Section 3. Establishment of new counties.-The legislature
"shall have power to establish new counties and to change county
lines. Every newly established county shall be held liable for
its proportion of the then existing liabilities of the county or
counties from which it shall be formed, rated upon the basis
of the assessed value of the property, both real and personal,
subject to taxation within the territory taken from any county
or counties; and every county acquiring additional territory
from another county shall be held liable for its proportion of
the liabilities of such other county existing at the time of such
acquisition, to be rated upon the basis of the assessed value
of all property subject to taxation within such acquired terri-
tory.
Section 4. Location of county offices-public records.-The
principal offices and permanent records of all county officers
shall be at the county seat; provided, by vote of the electors,

branch offices for the conduct of county business and facilities
for court proceedings may be established elsewhere in the
county. No instrument shall be deemed recorded until filed
in the proper office at the county seat.

S

;E OF REPRESENTATIVES Sept. 30, 1957

Section 5. (a) Commissioner districts-decennial revision-
county commission.-Each county shall be divided into five
commissioner districts numbered consecutively, and its gov-
erning body shall be a Board of County Commissioners, consist-
ing of five members, one from each commissioner district. Upon
certification of each decennial federal census the board of
county commissioners shall forthwith revise the boundaries of
the commissioner districts so that according thereto they will
be approximately equal in population, giving consideration to
geographic area.
(b) County officers-selection-term of office.-The follow-
ing officers shall be elected by and from among the electors of
each county for a term of four years: one member of the board
of county commissioners from each commissioner district, one
member of the County School Board from each commissioner
district unless otherwise provided by law, County Judge or
Judges as provided herein, Clerk of the Circuit Court, Sheriff,
Tax Assessor, Tax Collector, County School Superintendent, and
Supervisor of Registration; provided, by local or general law
subject to the approval of the electors of any county, each
member of the board of county commissioners and of the
county school board shall be elected by and from among the
the electors of the district within which he resides and quali-
fies for office. Each member of the board of county commis-
sioners and of the county school board shall reside in the
district from which elected. Successors to those members of
the board of county commissioners representing odd-numbered
districts and of the county school board representing even-
numbered districts shall be elected in 1960, and successors to
those representing respectively even-numbered districts and
odd-numbered districts shall be elected in 1962; provided, suc-
cession to county school board membership may be changed
by law.
Section 6. Welfare.--Counties shall provide in the manner
prescribed by law for residents having claim upon the aid and
sympathy of society by reason of age, infirmity, or misfortune.
Section 7. Alcoholic beverages-county option.-Upon peti-
tion of one fourth of the electors of a county the board of
county commissioners shall provide for a special election to
determine whether sale of all intoxicating beverages shall
be prohibited therein or to determine the method of such
sale where permitted; and in like manner an election shall be
held in a county prohibiting sale to determine whether such
prohibition shall be removed. The election shall be held within
sixty days from presentation of the petition unless a regular
primary or general election falls within such period, in
which event it shall be held within sixty days thereafter. Not
more than one such election shall be held in any two-year
period.
Section 8. Criminal cases-costs and fines.-In all criminal
cases prosecuted in the name of the state against an insolvent
or discharged defendant, the county in which the case was
prosecuted shall under regulations prescribed by law pay the
legal costs. All fines and forfeitures collected in each county
under the state penal laws shall be applied to payment of
costs and expenses of prosecuting crimes therein.
Section 9. Municipalities establishment abolition -
government protection of creditors.-The legislature may
establish and abolish municipalities, may provide for their
government, and may prescribe and alter at any time their
jurisdiction and powers. Whenever a municipality is abolished,
provision shall be made for the protection of its creditors.
Section 10. Municipal taxes assessment and collection
by county officers.-Subject to approval by vote of the munic-
ipal electors at a special election held separately or with any
other election the legislature may by general, special, or
local law provide for assessment and collection of the taxes
of any municipality by the tax assessor and tax collector
respectively of the county in which it is situated and for pay-
ment by the municipality of reasonable compensation to these
county officers for performance of these additional duties.

Section 11. Special districts lying in one county govern-
ing board.-Unless otherwise provided by law, the governing
board of special districts lying wholly within a county shall
be the board of county commissioners of the county. The
legislature may provide by law for the appointment of the
governing board by the governor or by the board of county
commissioners, or for election thereof by the electors.

JOURNAL OF THE HOUSI

Section 12. Special districts lying in more than one county
-government.-The legislature by special or local law may
create special districts that include territory lying in more
than one county and may prescribe their form of government,
powers, and duties.
Section 13. Local governmental units cooperation with
other governmental units.-Any local governmental unit may
contract and cooperate with other local governmental units,
with the state, or with the United States in the exercise of
any of its authorized proprietary functions for the planning,
development, construction, acquisition, or operation of any
public improvement or facility or for a common service.
Section 14. Effective date of this article.-This article is
one of a group of fourteen amendments proposed at the same
session of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part of
the constitution unless the electors adopt simultaneously with
this article the amendments constituting respectively the Pre-
amble and Articles I, II, III, IV, VI, and VIII through XIV.
This section is an integral part of this article and the entire
article shall be invalid if this section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become effec-
tive unless the electors adopt each of said fourteen proposed
amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may
by a single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any one
of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not
become effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-was read the first time in full and referred to the Com-
mittee on Constitutional Amendments.
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Home of Leon-
H. J. R. No. 14-X-A Joint Resolution proposing revision
of Article VIII of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article VIII
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or re-
jection at an election to be held as provided at this session of
the legislature, that is to say:
ARTICLE VIII
TAXATION AND FINANCE
Section 1. Levy of tax pursuant to law-surrender of tax-
ing power prohibited-drawing money from treasury.-No tax
shall be levied except as provided by law, and the power of
taxation shall never be surrendered, suspended, or contracted
away. No money shall be drawn from the treasury except in
pursuance of appropriations made by law; provided, expenses
of interim legislative committees as provided by concurrent
resolution, including compensation of committee employees,
may be drawn as legislative expense unless otherwise provided
by law.
Section 2. Credit and taxing power limitations. The
credit of the state shall not be pledged or loaned, directly or
indirectly, to any individual, company, corporation, partner-
ship, or association. The state shall not become a joint owner
or stockholder in any company, association, or corporation. No

Sept. 30, 1957

distributed shall be administered by the State Board of Ad-
ministration as hereinafter provided.
(b) The governor as chairman, the state treasurer, and

E OF REPRESENTATIVES 17

tax shall be levied for the benefit of any chartered company.
The legislature shall not authorize any county, municipality,
special district, or agency of any of them to become a stock-
holder in any company, association, or corporation, or to
obtain, or to appropriate money for, or to loan its credit to,
any corporation, association, institution, or individual.
Section 3. State bonds prohibited.- State bonds shall not
be issued for any purpose.
Section 4. County, municipal, or district bonds.-No county,
municipality, or district shall issue any bonds other than re-
funding bonds without prior approval by a majority of the
votes cast in an election in which a majority of the freeholders
who are qualified electors residing therein shall participate.
Such election may be held as a special election on that subject
only, or by the use of separate ballots in conjunction with any
special or general election.
Section 5. Uniform and equal rate-no state ad valorem tax
except on intangibles.- (a) The legislature shall provide for
raising sufficient revenue for each fiscal year to defray the
expenses of the state, including state appropriations for state
institutions of higher learning and the uniform system of free
public schools, but no ad valorem tax shall be levied for any
state purpose on any property except intangible personal prop-
erty. The rate of taxation on all property except intangible
personal property shall be uniform and equal.
(b) The legislature may levy on intangible personal prop-
erty, in lieu of all other state, county, district, and municipal
taxes, a tax at special rates not exceeding two mills of the
assessed valuation, but any such intangible tax relating to an
obligation secured by lien evidenced by writing shall be imposed
only once. The instrument shall not be entitled to record until
the tax is paid.
(c) The legislature may apportion the proceeds of intangible
taxes.
Section 6. Motor vehicle license tax.- Motor vehicles shall
be subject to a license tax for their operation in lieu of all ad
valorem taxes on them as personal property.
Section 7. Income tax prohibited-limit on inheritance or
estate tax.--No tax shall be levied by the state or under its
authority upon the income, inheritances, or estates of citizens
or residents of the state; provided, the legislature may provide
for the assessment, levy, and collection of a tax upon inherit-
ances or estates of decedents not exceeding in the aggregate
the amounts which may by any law of the United States be
credited against or deducted from any similar tax on inherit-
ances, or taxes on estates, assessed or levied by the United
States on the same subject. The legislature may apportion all
taxes collected hereunder to any state, county, or municipal
purposes.
Section 8. Allocation of pari mutuel excise taxes.-The legis-
lature may allocate and distribute to the counties, in equal
amounts and at such times as it shall determine, any portion
or all of the proceeds of state excise taxes on the operation
of pari mutuel pools.
Section 9. (a) Board of administration gasoline and like
taxes distribution and use.-Until January 1, 1993, the pro-
ceeds of two cents per gallon of the total tax levied by state
law upon gasoline and other like products of petroleum, now
known as the Second Gas Tax, and upon other fuels used to
propel motor vehicles, shall as collected be placed monthly
in the State Roads Distribution Fund in the state treasury
and divided into three equal parts which shall be distributed
monthly among the several counties as follows:
One part according to area, one part according to population,
and one part according to the counties' contributions to the
cost of state road construction in the ratio of distribution as
provided in Chapter 15659, Laws of Florida, Acts of 1931, and
for the purposes of the apportionment based on the counties'
contributions for the cost of state road construction, the
amount of the contributions established by the certificates
made in 1931 pursuant to said Chapter 15659, shall be taken
and deemed conclusive in computing the monthly amounts
distributable according to said contributions. Such funds so

18 JOURNAL OF THE HOU

the state comptroller shall constitute a body corporate to be
known as the State Board of Administration. Said board shall
have, in addition to such powers as may be conferred upon
it by law, the management, control and supervision of the
proceeds of said two cents of said taxes and all moneys and
other assets which on January 1, 1943, are applicable or may
become applicable to the bonds of the several counties of
this state, or any special road and bridge district, or other
special taxing district thereof, issued prior to July 1, 1931,
for road and bridge purposes. The word "bonds" as used
herein shall include bonds, time warrants, notes and other
forms of indebtedness issued for road and bridge purposes
by any county or special road and bridge district or other
special taxing district, outstanding on July 1, 1931, or any
refunding issues thereof. Said board shall have the statutory
powers of boards of county commissioners and bond trustees
and of any other authority of special road and bridge dis-
tricts, and other special taxing districts thereof with regard to
said bonds, (except that the power to levy ad valorem taxes
is expressly withheld from said board) and shall take over
all papers, documents and records concerning the same. Said
board shall have the power from time to time to issue refund-
ing bonds to mature prior to January 1, 1993, for any of said
outstanding bonds or interest thereon, and to secure them by
a pledge of anticipated receipts from such gasoline or other
fuel taxes to be distributed to such county as herein provided,
but not at a greater rate of interest than said bonds now bear;
and to issue, sell or exchange on behalf of any county or unit
for the sole purpose of retiring said bonds issued by such
county, or special road and bridge district, or other special
taxing district thereof, gasoline or other fuel tax anticipation
certificates bearing interest at not more than three percent
per annum in such denominations and maturing at such time
prior to January 1, 1993, as the board may determine. In addi-
tion to exercising the powers now provided by statute for the
investment of sinking funds, said board may use the sinking
funds created for said bonds of any county or special road
and bridge district, or other unit hereunder, to purchase the
matured or maturing bonds participating herein of any other
county or any other special road and bridge district, or other
special taxing district thereof, provided that as to said matured
bonds the value thereof as an investment shall be the price paid
therefore, which shall not exceed the par value plus accrued
interest, and that said investment shall bear interest at the
rate of three percent per annum.
(c) The said board shall annually use said funds in each
county account, first, to pay current principal and interest
maturing, if any, of said bonds and gasoline or other fuel
tax anticipation certificates of such county or special road
and bridge district, or other special taxing district thereof;
second, to establish a sinking fund account to meet future
requirements of said bonds and gasoline or other fuel tax
anticipation certificates where it appears the anticipated in-
come for any year or years will not equal scheduled payments
thereon; and third, any remaining balance out of the pro-
ceeds of said two cents of said taxes shall monthly during
the year be remitted by said board as follows: Eighty percent
to the State Road Department for the construction or recon-
struction of state roads and bridges within the county, or for
the lease or purchase of bridges connecting state highways
within the county, and twenty percent to the board of county
commissioners of such county for use on roads and bridges
therein.

(d) Said board shall have the power to make and enforce
all rules and regulations necessary to the full exercise of the
powers hereby granted and no legislation shall be required
to render this section of full force and operating effect from
and after January 1, 1943. The legislature shall continue the
levies of said taxes during the life of this section, and shall
not enact any law having the effect of withdrawing the pro-
ceeds of said two cents of said taxes from the operation of
this section. The board shall pay refunding expenses and
other expenses for services rendered specifically for, or which
are properly chargeable to, the account of any county from
funds distributed to such county; but general expenses of the
board for services rendered all the counties alike shall be

prorated among them and paid out of said funds on the same
basis said tax proceeds are distributed among the several
counties; provided, report of said expenses shall be made to
each regular session of the legislature, and the legislature
may limit the expenses of the board.
Section 10. Tax exemptions.-(a) Personal effects and

14

them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any one
of them.
Section 4. Upon rejection of one or more of said fourteen

SE OF REPRESENTATIVES Sept. 30, 1957

household goods of family head.-No tax shall be levied on
$500 of the assessed valuation of household goods and personal
effects of the head of a family residing in this state, or onr
$500 of the assessed valuation of property of a widow residing
in this state or of a resident who has lost a limb or been
disabled by war or other misfortune. These exemptions shalf
be cumulative.
(b) Exemption of homestead from taxation.-Every person
who has the legal title or beneficial title in equity to real
property in this state and who resides thereon and in good
faith makes the same his or her permanent home, or the per-
manent home of another or others legally or naturally de-
pendent upon said person, shall be entitled to an exemption
from all taxation, except for assessments for special benefits,
up to the assessed valuation of $5,000 on the said home and
contigious real property, as defined in Article IX hereof. Said
title may be held by the entireties, jointly, or in common with
others, and said exemption may be apportioned among such of
the owners as shall reside thereon, as their respective interests
shall appear, but no such exemption of more than $5,000 shall
be allowed to any one person or on any one dwelling house, nor
shall the amount of the exemption allowed any person exceed
the proportionate assessed valuation based on the interest
owned by such person. The legislature may prescribe appro-
priate and reasonable laws regulating the manner of establish-
ing the right to said exemption.
(c) Religious, charitable, and other institutions.- The
legislature may by law exempt from taxation property held and
used exclusively for religious, charitable, educational, literary,
scientific, state, county, or municipal purposes, and the pro-
perty of a corporation authorized to construct a ship or barge
canal for public use.
(d) No tax exemption shall be granted unless authorized
herein.
Section 11. Local taxation.-The legislature shall make
adequate provision for the assessment of property for taxation
and the levying of taxes and of assessments for special benefits
by counties and municipalities and by or for districts, for their
respective purposes and for no other purpose. The legislature
shall prescribe regulations that will insure a just valuation
of all taxable real and personal property, and all assessments
shall be subject to review, equalization, or adjustment as pro-
vided by law. The rate of taxation shall be uniform and equal.
Section 12. Illegal tax. prerequisite to relief---Each tax-
payer shall pay into court the portion of his taxes admitted
to be regularly assessed and legally imposed before he can seek
judicial relief from payment of the remainder, and before
such relief is granted he shall pay any additional amount found
to be due.
Section 13. Effective date of this article.- This article is
one of a group of fourteen amendments proposed at the same
session of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part of
the constitution unless the electors adopt simultaneously with
this article the amendments constituting respectively the Pre-
amble and Articles I, II, III, IV, VI, VII, and IX through
XIV. This section is an integral part of this article and the
entire article shall be invalid if this section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become effec-
tive unless the electors adopt each of said fourteen proposed
amendments at the same election.

Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may by
a single vote cast his vote for approval or rejection of all of

JOURNAL OF THE HOUSE

pruposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-was read the first time in full and referred to the Com-
mittee on Constitutional Amendments.
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Horne of Leon--
H. J. R. No. 15-X-A Joint Resolution proposing revision of
Article IX of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article IX
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or re-
jection at an election to be held as provided at this session
of the legislature, that is to say:
ARTICLE IX
HOMESTEAD
Section 1. Homestead-exemption from forced sale-free-
dom from liens-exceptions-limitations on disposition.- The
following property, owned by the head of a family residing on
the realty in this state, shall be exempt from forced sale under
process of any court for all obligations incurred by him or
imposed thereon, and no judgment, decree, or execution shall
be a lien thereon, except for payment of (a) taxes and assess-
ments thereon, (b) obligations contracted for the purchase
thereof, (c) obligations contracted for erection or repair of
improvements on the realty, or (d) obligations contracted for
house, field, or other labor performed on the realty:
(i) A homestead to the extent of one hundred sixty acres
of contiguous land and improvements thereon located outside
a municipality, which area shall not be reduced without the
owner's consent by reason of subsequent inclusion in a munici-
pality, or one-half acre of contiguous land located within a
municipality, which exemption within a municipality shall be
limited to the residence and business house of the owner;
(ii) Personal property of the value of $1,000.
Said exemptions shall inure to the surviving spouse and heirs
of the owner.
The homestead shall not be subject to devise if the owner
is survived by children. If the owner is married, it shall not
be alienated or encumbered without the consent of the spouse.
If the owner or spouse is incompetent, the method of aliena-
tion or encumbrance shall be as provided by law.
Section 2. Effective date of this article.-This article is one
of a group of fourteen amendments proposed at the same ses-
sion of the legislature and submitted to the electors at the same
election, and it shall not become effective or a part of the
constitution unless the electors adopt simultaneously with this
article the amendments constituting respectively the Preamble
and Articles I, II, III, IV, VI, VII, VIII, and X through XIV.
This section is an integral part of this article and the entire
article shall be invalid if this section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become effec-
tive unless the electors adopt each of said fourteen proposed
amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may by
a single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any one
of them.

Section 4. Upon rejection of one or more of said fourteen

Sept. 30, 1957

Beginning January 1, 1953, and for thirty years thereafter, the
first proceeds of the revenues derived from the licensing of
motor vehicles to the extent necessary to comply with the pro-
visions of this section shall, as collected, be placed monthly
in the County Capital Outlay and Debt Service School Fund
in the state treasury, and used only as provided in this section.
Such revenue shall be distributed annually among the several
counties in the ratio of the number of instruction units in each

E OF REPRESENTATIVES 19

proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-was read the first time in full and referred to the Com-
mittee on Constitutional Amendments.
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Horne of Leon-
H. J. R. No. 16-X-A Joint Resolution proposing revision of
Article X of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article X
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or re-
jection at an election to be held as provided at this session of
the legislature, that is to say:
ARTICLE X
EDUCATION
Section 1. Uniform system of free public schools and higher
institutions.- The legislature shall provide for the establish-
ment, maintenance, and operation of a uniform system of free
public schools, and for institutions of higher learning.
Section 2. State board of education-powers and duties.-
The members of the cabinet shall constitute the State Board
of Education, which shall be a body corporate and have the
management and investment of all state school funds pursuant
to applicable law and such supervision of public schools and
institutions of higher learning as may be provided by law.
Section 3. County school boards- membership- duties.-
In each county the school board members shall constitute the
county school board, which shall operate, control, and super-
vise all public schools within the county, levy the county school
taxes, appoint the county school superintendent in those coun-
ties in which appointment is authorized, and perform other
duties prescribed by law.
Section 4. State school fund-derivation-use.- The State
School Fund shall consist of the proceeds of all lands granted
to the state by the United States for public school purposes,
twenty-five percent of the proceeds of sale of other public
lands now or hereafter owned by the state, proceeds from
escheats and forfeitures, state appropriations, and donations to
this fund or to the state without specification of purpose. The
principal of this fund shall remain inviolate, and interest
derived from investment thereof shall be applied exclusively
to the support of free public schools. Such interest and all
other state means provided for the support and maintenance
of free public schools shall be apportioned and distributed
among the counties according to a principle of classification
prescribed by general law.
Section 5. County school fund-sources-apportionment.-
restrictions on use.-Each county school board shall levy an-
nually for the support of the free public schools of the county
a tax of not less than three or more than ten mills of the as-
sessed valuation of all taxable property therein, and upon vote
of the electors that pay a tax on real or personal property it
may levy an additional tax not exceeding, ten mills. The
County School Fund shall consist of the proceeds of these
taxes, its share of the interest derived from the state school
fund, any state appropriations distributed to it, and revenue
derived from any other source for support and maintenance
of free public schools. The county school board shall disburse
these proceeds solely for the support and maintenance of free
public schools as prescribed by general law, but no law shall be
enacted authorizing the diversion or lending of such funds or
the use of any part for support of any sectarian school.

Section 6. School bonds for capital outlay-issuance.- (a)

20 JOURNAL OF THE HOU

county in each year computed as provided herein. The amount
of the first revenues derived from the licensing of motor ve-
hicles to be so set aside in each year and distributed as pro-
vided herein shall be an amount equal in the aggregate to the
product of four hundred dollars multiplied by the total number
of instruction units in all the counties of the state. The number
of instruction units in each county in each year for the pur-
poses of this section shall be the greater of (1) the number
of instruction units in each county for the school fiscal year
1951-52 computed in the manner heretofore or hereafter pro-
vided by general law, or (2) the number of instruction units
in such county for the preceding school fiscal year computed
in the manner heretofore or hereafter provided by general law
and approved by the state board of education (hereinafter
called the state board).
Such funds so distributed shall be administered by the state
board as now created and constituted by Section 2 of Article
X hereof. For the purposes of this section, the state board, as
now constituted, shall continue as a body corporate during the
life of this section and shall have all the powers provided in
this section in addition to all other constitutional and statutory
powers related to the purposes of this section heretofore or
hereafter conferred upon the state board.
(b) The state board shall, in addition to its other consti-
tutional and statutory powers, have the management, control,
and supervision of the proceeds of the first part of the reve-
nues derived from the licensing of motor vehicles provided for
in subsection (a) hereof. The state board shall also have
power, for the purpose of obtaining funds for the use of any
county school board in acquiring, building, constructing, alter-
ing, improving, enlarging, furnishing, or equipping capital out-
lay projects for school purposes, to issue bonds or motor ve-
hicle tax anticipation certificates, and also to issue such bonds
or motor vehicle tax anticipation certificates to pay, fund,
or refund any bonds or motor vehicle tax anticipation certifi-
cates theretofore issued by said state board. All such bonds
shall bear interest at not exceeding four percent per annum
and shall mature serially in annual installments commencing
not more than three years from the date of issuance thereof
and ending not later than January 1, 1983, and each annual
installment shall not be less than three percent of the total
amount of the issue. All such motor vehicle tax anticipation
certificates shall bear interest at not exceeding four percent
per annum and shall mature prior to January 1, 1983. The
state board shall have power to determine all other details of
said bonds or motor vehicle tax anticipation certificates and
to sell at public sale after public advertisement, or exchange
said bonds or motor vehicle tax anticipation certificates, upon
such terms and conditions as the state board shall provide.

The state board shall also have power to pledge for the
payment of the principal of and interest on such bonds or
motor vehicle tax anticipation certificates, including refund-
ing bonds or refunding motor vehicle tax anticipation certifi-
cates, all or any part from the anticipated revenues to be
derived from the licensing of motor vehicles provided for in
this section and to enter into any covenants and other agree-
ments with the holders of such bonds or motor vehicle tax
anticipation certificates at the time of the issuance thereof
concerning the security thereof and the rights of the holders

tute legally binding and irrevocable contracts with such
holders and shall be fully enforceable by such holders in any
court of competent jurisdiction.

No such bonds or motor vehicle tax anticipation certificates
shall ever be issued by the state board until after the adop-
tion of a resolution requesting the issuance thereof by the
county school board of the county on behalf of which such
obligations are to be issued. The state board shall limit the
amount of such bonds or motor vehicle tax anticipation cer-
tificates which can be issued on behalf of any county to
seventy-five percent of the amount which it determines can
be serviced by the revenue accruing to the county under the
provisions of this section. All such bonds or motor vehicle tax
anticipation certificates shall be issued in the name of the
state board but shall be issued for and on behalf of the county
school board requesting the issuance thereof, and no election

or approval of qualified electors or freeholders shall be re-
quired for the issuance thereof.

(c) The state board shall in each year use the funds dis-

S

United States or in the bonds or motor vehicle tax anticipation
certificates, matured or to mature, issued by the state board
on behalf of any county school board.
(f) The state board shall have power to make and enforce

iE OF REPRESENTATIVES Sept. 30, 1957

tributable pursuant to this section to the credit of each county
only in the following manner and order of priority:

(1) To pay all amounts of principal and interest maturing
in such year on any bonds or motor vehicle tax anticipation
certificates issued under the authority hereof, including re-
funding bonds or motor vehicle tax anticipation certificates,
issued on behalf of the county school board of such county;
subject, however, to any covenants or agreements made by
the state board concerning the rights between holders of dif-
ferent issues of such bonds or motor vehicle tax anticipation
certificates, as herein authorized.
(2) To establish and maintain a sinking fund or funds to
meet future requirements for debt service, or reserves therefore,
on bonds or motor vehicle tax anticipation certificates issued
on behalf of the county school board of such county, under
the authority hereof, whenever the state board shall deem
it necessary or advisable, and in such amounts and under
such terms and conditions as the state board shall in its dis-
cretion determine.

(3) To distribute annually to the several county school
boards for use in payment of debt service on bonds heretofore
or hereafter issued by any such board where the proceeds of
the bonds were used, or are to be used, in the construction,
acquisition, improvement, enlargement, furnishing, or equip-
ping of capital outlay projects in such county, and which
capital outlay projects have been approved by the county
school board pursuant to a survey or surveys conducted sub-
sequent to July 1, 1947 in the county, under regulations pre-
scribed by the state board to determine the capital outlay needs
of the county.
The state board shall have power at the time of issuance
of any bonds by any county school board to covenant and
agree with such board as to the rank and priority of payments
to be made for different issues of bonds under this subsection
(3), and may further agree that any amounts to be distributed
under this subsection (3) may be pledged for the debt service
on bonds issued by any county school board and for the rank
and priority of such pledge. Any such covenants or agreements
of the state board may be enforced by any holders of such
bonds in any court of competent jurisdiction.

(4) To distribute annually to the several county school
boards for the payment of the cost of the construction, ac-
quisition, improvement, enlargement, furnishing, or equipping
of capital outlay projects for school purposes in such county
as shall be requested by resolution of the county school board
of such county.
(5) When all major capital outlay needs of a county have
been met as determined by the state board, on the basis of
a survey made pursuant to regulations of the state board and
approved by the state board, all such funds remaining shall
be distributed annually and used for such school purposes in
such county as the county school board shall determine, or as
may be provided by general law.
(d) Capital outlay projects of a county shall be eligible
to participate in the funds accruing under this section and
derived from the proceeds of bonds and motor vehicle tax
anticipation certificates and from the motor vehicle license
taxes, only in the order of priority of needs, as shown by a
survey or surveys conducted in the county under regulations
prescribed by the state board, to determine the capital outlay
needs of the county and approved by the state board; provided,
the priority of such projects may be changed from time to
time upon the request of the county school board and with
the approval of the state board; and provided further, this
subsection (d) shall not in any manner affect any covenant,
agreement, or pledge made by the state board in the issuance
by the state board of any bonds or motor vehicle tax antici-
pation certificates, or in connection with the issuance of any
bonds of any county school board.

(e) The state board may invest any sinking fund or funds
created pursuant to this section in direct obligations of the

all rules and regulations necessary to the full exercise of the
powers herein granted and no legislation shall be required to
render this section of full force and operating effect from and
after January 1, 1953; provided, the legislature may by general
law of state-wide application repeal or amend rules and regu-
lations promulgated under this section. The legislature shall
not reduce the levies of said motor vehicle license taxes during
the life of this section to any degree which will fail to provide
the full amount necessary to comply with the provisions of this
section and pay the necessary expenses of administering the
laws relating to the licensing of motor vehicles, and shall not
enact any law having the effect of withdrawing the proceeds
of such motor vehicle license taxes from the operation of this
section and shall not enact any law impairing or materially
altering the rights of the holders of any bonds or motor vehicle
tax anticipation certificates issued pursuant to this section or
impairing or altering any convenant or agreement of the state
board as provided in such bonds or motor vehicle tax antici-
pation certificates.
The state board shall have power to appoint such persons
and fix their compensation for the administration of the
provisions of this section as it shall deem necessary, and the
expenses of the state board in administering the provisions
of this section shall be prorated among the various counties
and paid out of the proceeds of the bonds or motor vehicle
tax anticipation certificates or from the funds distributable
to each county on the same basis as such motor vehicle license
taxes are distributable to the various counties under the
provisions of this section. Interest or profit on sinking fund
investments shall accrue to the counties in proportion to their
respective equities in the sinking fund or funds.
Section 7. County school bonds issuance payment
restrictions.-The legislature may authorize county school
boards to issue bonds to raise funds for the exclusive use of the
free public schools of the county whenever the issuance of
such bonds is approved by a majority of the votes cast in
an election in which a majority of the electors who are free-
holders participate; provided, no election shall be necessary
to issue refunding bonds. A special tax on all taxable property
in the county shall be levied at a rate sufficient to meet and
shall be applied exclusively to the payment when due of the
installments of principal and interest on such bonds. Such
bonds shall become payable within thirty years from the date
of issuance in annual installments commencing not more
than three years after the date of issuance. After the first
three years from date of issuing, each annual installment shall
be not less than three percent of the total amount of the issue.
The principal of such bonds, together with the principal of the
existing indebtedness of the county incurred for public school
purposes and unpaid bonds of special tax school districts
thereof shall not exceed twenty percent of the assessed valu-
ation of all taxable property of the county.

Section 8. White and colored separate schools. White
and colored children shall not be taught in the same school, but
impartial provision shall be made for both.
Section 9. Effective date of this article.-This article is one
of a group of fourteen amendments proposed at the same ses-
sion of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part of the
constitution unless the electors adopt simultaneously with this
article the amendments constituting respectively the Preamble
and Articles I through IV, VI through IX, and XI through XIV.
This section is an integral part of this article and the entire
article shall be invalid if this section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become effec-
tive unless the electors adopt each of said fourteen proposed
amendments at the same election.

Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may by

21

a single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any one
of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-was read the first time in full and referred to the Com-
mittee on Constitutional Amendments.
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Horne of Leon-
H. J. R. No. 17-X-A Joint Resolution proposing revision of
Article XI of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article XI
of the Constitution of Florida is hereby agreed to and shall be
submitted to the electors of Florida for ratification or re-
jection at an election to be held as provided at this session of
the legislature, that is to say:
ARTICLE XI
MILITIA
Section 1. Composition of militia.- The militia shall be
composed of all able-bodied inhabitants of the state that are
or have declared their intention to become citizens of the
United States; and no person shall because of religious creed
or opinion be exempted from military duty except upon con-
ditions prescribed by law.
Section 2. Organization equipping housing discip-
line safekeeping of arms.--The legislature may provide for
organizing, equipping, housing, maintaining, and disciplining
the militia of the state, and for the safekeeping of public arms.

Section 3. Officers of militia.- The governor shall appoint
all commissioned officers of the militia, including an adjutant
general. The appointment of all general officers shall be with
the consent of the senate. Officers shall take rank according
to the dates of their commissions. The officers and enlisted
men of the state militia, when uniformed, shall wear the uni-
form prescribed for the United States military service.
Section 4. Call by governor.- The governor shall have
power to call out the militia to preserve the public peace, to
execute the laws of the state, to suppress insurrection, or to
repel invasion.
Section 5. Federally recognized national guard.- Whenever
a federally recognized national guard exists in the state it
shall be sui generis and subject to the lawful orders of the
governor, who shall be commander-in-chief. It shall be sup-
ported and maintained by the state pursuant to the provisions
of federal statutes and regulations of the United States depart-
ment of defense pertaining to organizing, arming, governing,
and disciplining it. Its officers, including the adjutant general,
shall be appointed, and shall be subject to suspension, dis-
charge, removal, or compulsory retirement, solely on the basis
of military proficiency, character, and service determined pur-
suant to United States department of defense regulations and
usages sanctioned by law, and the qualifications of its per-
sonnel shall be those prescribed in military regulations of the
United States department of defense.
Section 6. Effective date of this article.- This article is
one of a group of fourteen amendments proposed at the same
session of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part of
the constitution unless the electors adopt simultaneously with
this article the amendments constituting respectively the Pre-
amble and Articles I through IV, VI through X, and XII
through XIV. This section is an integral part of this article
and the entire article shall be invalid if this section is held
invalid.

Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV

Sept. 30, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

22 JOURNAL OF THE HOU

of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become effec-
tive unless the electors adopt each of said fourteen proposed
amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may by
a single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any one
of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-was read the first time in full and referred to the Com-
mittee on Constitutional Amendments.
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Home of Leon-
H. J. R. No. 18-X-A Joint Resolution proposing revision of
Article XIV of the Constitution of the State of Florida.
EE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article XIV
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or re-
jection at an election to be held as provided at this session of
the legislature, that is to say:
ARTICLE XIV
SPECIAL PROVISIONS
Section 1. Cities of Jacksonville and Key West.-Subject
to vote of the county electors the legislature may establish
or abolish, and without such vote may amend the laws
governing, two municipalities, to be named the City of Jackson-
ville and the City of Key West, extending respectively through-
out the present territory of Duval and Monroe Counties, super-
seding all governmental agencies therein, and succeeding
to the ownership of all property thereof and of municipalities
therein. Subject to the provisions hereof governing special
and local laws other than provisions relating to jurisdiction
and duties of any class of officers, summoning and empaneling
of grand and petit juries, assessment and collection of taxes
for county purposes, and regulation of fees and compensation
of county officers, the legislature may prescribe the functions,
powers, and jurisdiction of each municipality, may divide it
into districts, may determine what portion of it is rural
and subject to the limitations on rural homestead realty,
and may prescribe the system of taxation and liabilities
of the municipality and its districts; provided, upon establish-
ment of each municipality the respective properties taxable
for debts then existing shall be solely liable therefore.
Each municipality may exercise all municipal powers here-
in granted and shall perform all functions and enjoy all powers
and privileges of a county, including representation in the
legislature. County offices shall not be abolished or con-
solidated without providing for performance of state functions
assigned thereto. The legislature shall not abolish the offices
of clerk of the circuit court and sheriff but may prescribe
special methods and times of filling them.
Section 2. Dade County home rule.-(1) The electors
of Dade County are granted power to adopt, revise, and
amend from time to time a home rule charter of government
for Dade County, under which the board of county commis-
sioners of Dade County shall be the governing body. This
charter:
(a) Shall fix the boundaries of each county commission

district, provide a method for changing them from time to
time, and fix the number, terms and compensation of the
commissioners, and their method of election.
(b) May grant full power and authority to the board of

S

E OF REPRESENTATIVES Sept. 30, 1957

county commissioners of Dade County to pass ordinances re-
lating to the affairs, property, and government of Dade County
and provide suitable penalties for the violation thereof; to
levy and collect such taxes as may be authorized by general
law and no other taxes, and to do everything necessary to
carry on a central metropolitan government in Dade County.
(c) May change the boundaries of, merge, consolidate,
and abolish and may provide a method for changing the
boundaries of, merging, consolidating and abolishing from
time to time all municipal corporations, county or district
governments, special taxing districts, authorities, boards or
other governmental units whose jurisdiction lies wholly within
Dade County, whether such governmental units are created by
the constitution or the legislature or otherwise, except the
Dade County Board of County Commissioners as it may be
provided for from time to time by this home rule charter
and the county school board of Dade County.
(d) May provide a method by which any and all of the
functions or powers of any municipal corporation or other
governmental unit in Dade County may be transferred to the
board of county commissioners of Dade County.
(e) May provide a method for establishing new municipal
corporations, special taxing dsitricts, and other governmental
units in Dade County from time to time and provide for their
government and prescribe their jurisdiction and powers.
(f) May abolish and may provide a method for abolishing
from time to time all county offices provided herein or by
the legislature except the county school superintendent and
may provide for the consolidation and transfer of the functions
of such offices, provided, however, that there shall be no
power to abolish or impair the jurisdiction of the circuit court
or to abolish any other court provided for by this constitution
or by general law, or the judges or clerks thereof although
such charter may create new courts and judges and clerks
thereof with jurisdiction to try all offenses against ordinances
passed by the board of county commissioners of Dade County
and none of the other courts provided for by this constitution
or by general law shall have original jurisdiction to try such
offenses, although the charter may confer appellate jurisdic-
tion on such courts, and provided further that if said home
rule charter shall abolish any county office or offices as au-
thorized in this section, that said charter shall contain ade-
quate provision for the carrying on of all functions of said
office or offices as are now or may hereafter be prescribed
by general law.
(g) Shall provide a method by which each municipal cor-
poration in Dade County shall have the power to make,
amend or repeal its own charter. Upon adoption of this home
rule charter by the electors this method shall be exclusive
and the legislature shall have no power to amend or repeal
the charter of any municipal corporation in Dade County.
(h) May change the name of Dade County.
(i) Shall provide a method for the recall of any commis-
sioner and a method for initiative and referendum, including
the initiation of and referendum on ordinances and the amend-
ment or revision of the home rule charter, provided, however,
that the power of the governor and senate relating to the sus-
pension and removal of officers provided for herein shall not
be impaired, but shall extend to all officers provided for in
said home rule charter.
(2) Provision shall be made for the protection of the
creditors of any governmental unit which is merged, consoli-
dated, or abolished or whose boundaries are changed or func-
tions or powers transferred.
(3) This home rule charter shall be prepared by a Metro-
politan Charter Board created by the legislature and shall be
presented to the electors of Dade County for ratification or
rejection in the manner provided by the legislature. Until a
home rule charter is adopted the legislature may from time to
time create additional charter boards to prepare charters to
be presented to the electors of Dade County for ratification
or rejection in the manner provided by the legislature. Such

charter, once adopted by the electors, may be amended only
by the electors of Dade County and this charter shall pro-
vide a method for submitting future charter revisions and
amendments to the electors of Dade County.

JOURNAL OF THE HOUSE

(4) The county commission shall continue to receive its
pro rata share of all revenues payable by the state from what-
ever source to the several counties and the state shall pay to
the commission all revenues which would have been paid to
any municipality in Dade County which may be abolished by
or in the method provided by this home rule charter; provided,
however, the commission shall reimburse the state comptroller
for the expense incurred if any, in the keeping of separate
records to determine the amounts of money which would
have been payable to any such municipality.
(5) Nothing in this section shall limit or restrict the
power of the legislature to enact general laws which shall re-
late to Dade County and any other one or more counties or to
any municipality in Dade County and any other one or more
municipalities of the state, and the home rule charter pro-
vided for herein shall not conflict with any provision hereof or
of any applicable general laws now applying to Dade County
and any other one or more counties except as expressly au-
thorized in this section, nor shall any ordinance enacted pur-
suant to said home rule charter conflict with this constitution
or any such applicable general law except as expressly au-
thorized in this section, nor shall the charter of any munici-
pality in Dade County conflict with this constitution or any
such applicable general law except as expressly authorized
in this section, provided however that said charter and said
ordinances enacted in pursuance thereof may conflict with,
modify or nullify any existing local, special or general law
applicable only to Dade County.

(6) Nothing in this section shall be construed to limit or
restrict the power of the legislature to enact general laws
which shall relate to Dade County and any other one or
more counties or to any municipality in Dade County and any
other one or more municipalities relating to county or munici-
pal affairs and all such general laws shall apply to Dade County
and to all municipalities therein to the same extent as if this
section had not been adopted and such general laws shall su-
persede any part or portion of the home rule charter provided
for in this section in conflict therewith and shall supersede any
provision of any ordinance enacted pursuant to said charter
and in conflict therewith, and shall supersede any provision of
any charter of any municipality in Dade County in conflict
therewith.

(7) Nothing in this section shall be construed to limit
or restrict the power and jurisdiction of the railroad and
public utilities commission or of any other state agency, bu-
reau or commission now or hereafter provided for herein or
by general law and said state agencies, bureaus and commis-
sions shall have the same powers in Dade County as shall be
conferred upon them in regard to other counties.

(8) If any section, subsection, sentence, clause or provi-
sion of this section is held invalid as violative of the provisions
hereof relating to amendments the remainder of this section
shall not be affected by such invalidity.

(9) It is declared to be the intent of the legislature and of
the electors of the state to provide by this section home rule
for the people of Dade County in local affairs and this section
shall be liberally construed to carry out such purpose, and it
is further declared to be the intent of the legislature and of
the electors of the state that the provisions hereof and of gen-
eral laws which shall relate to Dade County and any other
one or more counties of the state or to any municipality in
Dade County and any other one or more municipalities of the
state enacted pursuant thereto by the legislature shall be the
supreme law in Dade County, except as expressly provided in
this section and this section shall be strictly construed to main-
tain such supremacy hereof and of the legislature in the en-
actment of general laws pursuant hereto.
Section 3. Assessment and collection of taxes in certain
counties.-In Broward, Hillsborough, Monroe, Pinellas, Saint
Lucie, and Volusia Counties the county tax assessor shall assess
all property therein upon which ad valorem taxes are levied by
the county or any other taxing authority, and the county tax
collector of each of these counties except Monroe shall colect
all taxes; provided, no law relating thereto shall become effec-
tive in Saint Lucie until approved by vote of the electors.
The legislature shall prescribe additional compensation corres-

ponding to the additional functions performed.

Sept. 30, 1957

The Speaker ruled that the introduction and consideration
of House Bill No. 19-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.

E OF REPRESENTATIVES 23

Section 4. Consolidation of county offices and transfer of
municipal tax functions-Orange County.-The legislature may
provide for creation, abolition, or consolidation of any Orange
County offices except judicial offices or for assessment or col-
lection of municipal taxes and assessments by the county tax
officers and distribution of the proceeds to the municipal au-
thorities; provided, additional compensation for performance of
additional tax functions shall be provided, and the law shall be
subject to approval by county referendum held within ninety
days of its enactment and after publication of notice in a news-
paper of general circulation once in each of the four weeks im-
mediately preceding the election. Laws so approved relating
respectively to municipal tax assessment or collection and to
creation or consolidation of county offices shall respectively
take effect on the first of the year following the referendum
and on the first Tuesday after the first Monday of the year
following the first United States presidential election held
after the referendum.
Section 5. Appointment of county school superintendent in
certain counties.-Upon authorization by local law or by vote
of the county electors at a special election called by the board
of county commissioners upon request by the county school
board and held within sixty days of receipt thereof, the county
school board of Dade, Duval, Pinellas, and Sarasota Counties
shall appoint the county school superintendent, and not less
than four years after such authorization the county may by
either method revoke it.
Section 6. Escambia County fees.-All charges collected by
the officers of Escambia County shall be paid into its general
fund and disbursed as provided by law, and the compensation
and expenses of its officers shall be provided for by local law.
Section 7. Effective date of this article.--This article is
one of a group of fourteen amendments proposed at the same
session of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part of
the constitution unless the electors adopt simultaneously with
this article the amendments constituting respectively the Pre-
amble and Articles I through IV and VI through XIII. This
section is an integral part of this article and the entire article
shall be invalid if this section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become effec-
tive unless the electors adopt each of said fourteen proposed
amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may by
a single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any one
of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-was read the first time in full and referred to the Com-
mittee on Constitutional Amendments.

By Messrs. Hopkins and Stone of Escambia--
H. B. No. 19-X--A bill to be entitled An Act amending sub-
section (f) of section 4 of chapter 57-1313, laws of Florida,
special acts of 1957, relating to the construction, operation and
maintenance of public utilities in Escambia county by exempt-
ing from the provisions of said subsection (f) any public utility
operating under the jurisdiction of the Florida Railroad and
Public Utilities Commission.

24

Mr. Hopkins moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 19-X.

The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 19-X was admitted for
introduction and consideration by the House.

Proof of Publication of notice attached to House Bill No.
19-X.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the bill was read the first time by title.
Mr. Hopkins was given unanimous consent to now consider
House Bill No. 19-X.
Mr. Hopkins moved that the rules be waived and House Bill
No. 19-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 19-X was read a second time by title.

Mr. Hopkins moved that the rules be further waived and
House Bill No. 19-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 19-X was read a third time in full.

Sept. 30, 1957

When the vote was taken on the passage of the bill the
result was:
Mr. Speaker Grimes Mitchell, Sam Shipp
Alexander Herrell Musselman Smith, R. J.
Anderson Hollahan Orr Smith, S. C.
Arrington Hopkins Papy Stewart, E. L.
Ayers Home Patton Stone
Bartholomew Inman, J. C. Peacock Surles
Beasley Inman, W. M. Peters Sweeny
Blank Johnson Porter Turlington
Carney Jones Pratt Usina
Chappell Karl Roberts, C. A. Wadsworth
Cleveland Kimbrough Roberts, E. S. Weinstein
Daniel Livingston Rowell, E. C. Williams. B.D.
Duncan Mann Rowell, M H. Williams, G.W.
Frederick Manning Russ Williams,J.R.A.
Gibbons Marshburn Ryan Youngberg
Griffin,B.H.,Jr. Mattox Saunders Zelmenovitz
Griffin,J.J.,Jr. Mitchell, R. 0. Shaffer
Yeas-67
Nays-None
So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
Mr. Beasley moved that the House now adjourn to reconvene
at 11:00 A. M. tomorrow.
The motion was agreed to.
Thereupon, at the hour of 3.32 P. M., the House stood ad-
journed until 11:00 A. M. tomorrow.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

TUESDAY, OCTOBER 1, 1957

The House was called to order by the Speaker at 11:00 A. M.
The roll was taken and the following Members were recorded
present:

Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Barron
Bartholomew
Beasley
Beck
Blank
Chaires
Chappell
Cleveland
Costin
Crews
Cross
Daniel
Duncan
Frederick
Gibbons
Griffin,J.J.,Jr.

Grimes
Harris
Hathaway
Herrell
Hollahan
Hopkins
Horne
Inman, J. C.
Inman, W. M.
Johnson
Jones
Karl
Kimbrough
Lancaster
Livingston
Maness
Mann
Manning
Marshburn
Mattox
McAlpin
Mitchell, Sam

Moody Sheppard
Muldrew Shipp
Musselman Smith, R. J.
O'Neill Smith, S. C.
Orr Stewart, E. L.
Papy Stone
Patton Strickland
Peacock Surles
Peters Sweeny
Petersen Turlington
Porter Usina
Pratt Vocelle
Putnal Wadsworth
Roberts, C. A. Walker
Roberts, E. S. Weinstein
Roberts, H. W. Williams. B.D.
Rowell, E. C. Williams, G.W.
Rowell, M H. Williams,J.R.A.
Russ Wise
Ryan Youngberg
Saunders Zelmenovitz
Shaffer

Excused: Messrs. Mathews, Stewart of Okaloosa, Westberry,
Griffin of Polk and Peeples.
A quorum present.
The following prayer was offered by the Reverend Oliver
Carmichael, Chaplain:
O God, our Help in ages past, our Hope today and forever;
have mercy upon our humanity in its blindness, its bitterness,
and its confusion. Thou who hast granted to our age to dis-
cover such wonders of thy mind and such mysteries of thy
handiwork as to give man vast power for good or ill, let us not
use thy beautiful world for cruel and unworthy ends. Stay our
hands, and teach us to use thy power to serve thy will on
earth.
Deliver our world and us, O Lord, from lust of power, from
vanity of spirit, from envy, apathy, and ill will; fill our minds
with wisdom from above, which is pure, peaceable, and full of
mercy. Touch our minds with light, that, having a right under-
standing, we may have compassion and courage and patience
-working with thy help for the better order of the ages.
Create in us a clearer insight, a juster and wiser spirit, and
by thy spirit temper our minds to forbearance.
Bring the people of humanity, bring each of us, to a sound
mind and a kind heart; restore good will and mutual trust.
Visit not upon our children the horror of an age whose spirit
is not steadfast with thee. Lead us in the ways of justice and
honor, in paths of truth and brotherly kindness, till we are
delivered from the bondage of hate and fear into the light of
love; in the Name of Jesus Christ our Lord. Amen.
CORRECTION OF THE JOURNAL
The Journal for Monday, September 30, was ordered cor-
rected, and as corrected was approved.
ANNOUNCEMENTS
The Speaker announced that he had appointed Mrs. Johnson
of Orange as a member of the following standing committees:
Mental Health, Drainage & Water Conservation, County Gov-
ernment, Education-Public Schools, Education-Higher Learn-
ing and Citrus.
The Speaker also announced that he had appointed Mr. In-
man of Orange as a member of the following standing com-
mittees: Appropriations, Judiciary B (Criminal), Education-
Higher Learning and Labor.

INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, CONCURRENT RESOLUTIONS,
HOUSE RESOLUTIONS AND MEMORIALS
By Mr. Beck of Putnam-
H. M. No. 20-X-A MEMORIAL TO THE CONGRESS AND
THE PRESIDENT OF THE UNITED STATES OF AMERICA
URGING THEM TO ENACT SUCH LEGISLATION, OR PRO-
POSE SUCH AMENDMENTS TO THE CONSTITUTION OF
THE UNITED STATES, OR BOTH, AS MAY BE DESIGNED
AND CALCULATED TO REGULATE THE POWERS OF THE
EXECUTIVE AND JUDICIAL AUTHORITY OF THE UNITED
STATES.
WHEREAS, the Fourteenth Amendment to the Constitution
was not legally adopted; and
WHEREAS, even if adopted (which it was not) it did not
prohibit separate but equal schools; and
WHEREAS, even if it prohibited separate but equal schools
(which it did not), it provided no enforcement under laws
passed by Congress; and
WHEREAS, no laws for the enforcement of such alleged
prohibition were ever passed by Congress; and
WHEREAS, the prohibition of separate but equal schools
by the Supreme Court was therefore illegal and unconstitu.
tional, the orders of the Federal District Court in the state
of Arkansas unlawful, and the violation of the sovereignty of
the state of Arkansas an act of dictatorship; and
WHEREAS, if such unconstitutional and unlawful practices
are permitted to go unchallenged, the rights of all Americans
guaranteed by the first ten amendments to the Constitution
are placed in jeopardy, and rest not upon the solid founda-
tion of our historic Constitutional rights, but solely upon
the whim and caprice of one man exercising all the power of
a dictator, NOW, THEREFORE,
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
That the Congress and the President of the United States
are hereby memorialized and respectfully urged to enact such
legislation or propose such amendments to the Constitution
of the United States, or both, as may be designed to regulate
and circumscribe the profligate and intemperate use of
assumed powers by the executive and judicial authority of
the United States, and
BE IT FURTHER RESOLVED, that such amendments re-
gulating the power of the executive and judicial authority be
submitted to the people, in special conventions convened ir.
the several states, where the people, the ultimate reservoir
of authority and of right, shall make the final decision on
these vital and fundamental questions of state sovereignty
and individual liberty, and
BE IT FURTHER RESOLVED, that duly attested copies of
this memorial be transmitted forthwith by the Chief Clerk
of the House of Representatives of the legislature of the
sovereign state of Florida to the President of the United
States, the Secretary of the Senate of the United States,
Clerk of the House of Representatives of the United States,
and the governors of the states of Florida, Arkansas, Georgia,
Louisiana, Maryland, Mississippi, North Carolina, South
Carolina, Oklahoma, Kentucky, Virginia, Missouri, Tennessee.
Texas, West Virginia, and Delaware, and
BE IT FURTHER RESOLVED, that a copy of this memorial
be spread upon the journal of both the senate and house of
representatives of the legislature of the state of Florida.
The Speaker ruled that the introduction and consideration
of House Memorial No. 20-X would constitute Legislative
business other than that for which the Legislature was
especially convened.

25

Mr. Beck moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Memorial No. 20-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Memorial No. 20-X was admitted
for introduction and consideration by the House.
And House Memorial No. 20-X was read the first time in
full and referred to the Committee on Resolutions & Me-
morials.
Mr. Carney asked to be recorded present.
By Mr. Surles of Polk-
H. B. No. 21-X-A bill to be entitled An Act authorizing
the City of Lakeland, Florida, to pay out of the general fund
and the debt service fund of the City of Lakeland, the costs
of revaluation of all the property within the territorial limits
of the City of Lakeland, Florida, for the purpose of promoting
and preserving a more uniform and equal taxation of the
said property, by said city, and providing the manner in which
such authority may be used.
The Speaker ruled that the introduction and consideration
of House Bill No. 21-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Surles moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 21-X.
The motion was agreed to by the required Constitutional two-
thirds vote, and House Bill No. 21-X was admitted for intro-
duction and consideration by the House.
Proof of Publication of notice attached to House Bill No.
21-X.
The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article
III of the Constitution, has been established in this Legis-
lature.

And the above bill was read the first time by title.
Mr. Surles was given unanimous consent to now consider
House Bill No. 21-X.

Mr. Surles moved that the rules be waived and House Bill
No. 21-X be read a second time by title.

The motion was agreed to by a two-thirds vote and House
Bill No. 21-X was read a second time by title.

Mr. Surles moved that the rules be further waived and House
Bill No. 21-X be read a third time in full and placed upon its
passage.

The motion was agreed to by a two-thirds vote and House
Bill No. 21-X was read a third time in full.

When the vote was taken on the passage of the bill the result
was:

Yeas:
Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Barron
Bartholomew
Beasley
Beck
Blank
Carney
Chaires
Cleveland
Costin
Crews
Cross
Daniel

Frederick
Gibbons
Griffin,J.J.,Jr.
Grimes
Harris
Hathaway
Herrell
Hollahan
Hopkins
Home
Inman, J. C.
Inman, W. M.
Johnson
Jones
Karl
Kimbrough
Lancaster
Livingston

Maness
Mann
Manning
Marshburn
Mattox
McAlpin
Mitchell, Sam
Moody
Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peacock
Peters
Petersen
Porter

Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Russ
Ryan
Saunders
Shaffer
Sheppard
Shipp
Smith, R. J.
Smith, S. C.
Stone
Strickland
Surles
Sweeny

Oct. 1, 1957

Usina Weinstein Williams,J.R.A. Zelmenovitz
Wadsworth Williams. B.D. Wise
Walker Williams, G.W. Youngberg
Yeas-82
Nays-0
So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
By Mr. Hathaway of Charlotte-
H. B. No. 22-X-A bill to be entitled An Act providing com-
pensation for the county prosecuting attorney on bond for-
feitures in the county judge's court in all counties having a
population of not more than five thousand three hundred
(5,300) nor less than four thousand two hundred eighty (4,280)
according to the last federal state-wide decennial census; pro-
viding an effective date.
The Speaker ruled that the introduction and consideration
of House Bill No. 22-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Hathaway moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 22-X.
The motion was agreed to by the required Constitutional two-
thirds vote, and House Bill No. 22-X was admitted for intro-
duction and consideration by the House.
The bill was read the first time by title and ordered placed
on the Calendar of General Bills of Local Application.
Mr. Peavy asked to be recorded present.
By Mr. Mattox of Polk-
H. J. R. No. 23-X-A JOINT RESOLUTION PROPOSING
AN AMENDMENT TO ARTICLE III OF THE CONSTITU-
TION PROVIDING CERTAIN PREREQUISITES FOR THE
INTRODUCTION OF GENERAL LEGISLATION OF UNI-
FORM OPERATION THROUGHOUT THE STATE BY
AMENDING SECTION 14 THEREOF.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
That the following amendment to article III, section 14
of the constitution of Florida is hereby agreed to and shall
be submitted to the electors of the State of Florida for
ratification or rejection at the next general election to be
held in November, 1958:
Section 14. Prerequisite for introduction.-Any bill may
originate in either house of the legislature and after
being passed by one house may be amended in the other;
provided, however, that before any general bill of state-wide
operation is introduced, it shall have been filed with the
secretary of state thirty (30) days prior to such introduction
and copies thereof shall have been furnished to all members
of both said houses unless consent is first obtained by a two-
thirds (2/3) vote of the members of the house in which it
is sought to be introduced. Adequate proof of compliance
with this section shall be attached to or shown upon the face
of the bill introduced.
-was read the first time in full and referred to the
Committee on Constitutional Amendments.
By the Committee on Resolutions & Memorials, and Messrs.
Alexander of Liberty, Anderson of Jefferson, Arrington of
Gadsden, Askins of Nassau, Ayers of Hernando, Bartholomew
of Sarasota, Beasley of Walton, Beck of Putnam, Chaires of
Dixie, Chappell of Marion, Cleveland of Seminole, Conner of
Bradford, Crews of Baker, Cross of Alachua, Daniel of Lake,
Frederick of Seminole, Gibbons of Hillsborough, Griffin of
Osceola, Harris of Bay, Hathaway of Charlotte, Herrell and
Hollahan of Dade, Hopkins of Escambia, Home of Leon, In-
man of Orange, Inman of Gadsden, Jones of Taylor, Kim-
brough of Santa Rosa, Lancaster of Gilchrist, Maness of
Duval, Manning of Holmes, Marshburn of Levy, Mattox of
Polk, McAlpin of Hamilton, Mitchell of Washington, Moody
of Hillsborough, Musselman of Broward, O'Neill of Marion,
Peacock of Jackson, Peavy of Madison, Peters of Calhoun,

Petersen of Pinellas, Pratt of Manatee, Putnal of Lafayette,

26

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSI

Roberts of Union, Roberts of Suwannee, Rowell of Sumter,
Russ of Wakulla, Ryan of Broward, Saunders of Clay, Shaffer
of Pinellas, Sheppard of Lee, Shipp of Jackson, Smith of
DeSoto, Stewart of Hendry, Stone of Escambia, Strickland
of Citrus, Surles of Polk, Usina of St. Johns, Wadsworth of
Flagler, Walker of Collier, Weinstein of St. Johns, Williams
of Columbia, Williams of Hardee, Williams of Pasco, Wise of
Okaloosa, Zelmenovitz of Okeechobee, Livingston of High-
lands and Mrs. Patton of Franklin-
H. M. No. 24-X-A memorial to the Congress of the United
States to enact measures tending to cause the withdrawal of
federal military forces from the occupation of Little Rock, Ar-
kansas, and prevent the further intrusion by federal military
troops on the constitutional rights of the sovereign states of the
Union, by withholding of appropriations and public funds from
such troops while so engaged, thereby guaranteeing the sov-
ereign states freedom from military rule as contemplated by the
first four articles to the constitution.
WHEREAS, the Legislature of Florida, during the 1957 Leg-
islative Session, through Senate Concurrent Resolution No. 72,
unequivocally expressed a firm and determined resolution to
maintain and defend the Constitution of the United States
against every attempt, whether foreign or domestic, to under-
mine and destroy the fundamental principles, embodied in our
basic law, by which the liberty of the people and the sovereignty
of the states, in their proper spheres, have long been protected
and assured, and
WHEREAS, the Legislature of Florida doth hereby express
a firm belief that the recent action of the President of the
United States, in inflicting military rule upon the sover-
eign state of Arkansas, is a far more serious threat to the se-
curity of the Nation and our constitutional form of govern-
ment than any possible threat from abroad, and
WHEREAS, the Legislature of Florida lately did explicitly
and peremptorily assert that it viewed the powers of the fed-
eral government as resulting solely from the compact to which
the states are parties, as limited by the plain sense and in-
tention of the instrument creating that compact, which compact
carefully expressed the limited powers of the President of the
United States, and
WHEREAS, the Legislature of Florida did assert most clearly
that the powers of the federal government, including those of
the President, are valid only to the extent that such powers
have been enumerated in the compact to which the various
states assented originally and to which the states have assented
in subsequent amendments validly adopted and ratified, and
WHEREAS, the Legislature of Florida did consider that the
very nature of this basic compact, apparent upon its face, is
that the ratifying states, parties thereto, have agreed volun-
tarily to surrender certain of their sovereign rights, but only
certain of these sovereign rights, to a federal government thus
constituted; and that all powers not delegated to the United
States, including the President thereof, by the Constitution, or
prohibited by it to the states, have been reserved to the states,
respectively, or to the people, and
WHEREAS, the several sovereign states have at no time sur-
rendered to the federal government their right under the Tenth
Amendment to the Constitution to exercise their discretion
in the regulation of matters of strictly local concern, and
WHEREAS, the sovereign states, in ratifying the Fourteenth
Amendment to the Constitution, did not agree that the power
to regulate matters of local concern be prohibited to them
thereby, and
WHEREAS, the Legislature of Florida emphatically denies
that the President of the United States had the right which
he asserted recently to peremptorily use federal troops in the
sovereign state of Arkansas to compel the enforcement of a
questionable judicial edict requiring the enforced integration
of the public schools therein, and
WHEREAS, the threats and coercive measures of the federal
military troops occupying the sovereign state of Arkansas con-
stitute a deliberate, palpable, and dangerous attempt by the
President and the federal government to prohibit to the states
certain rights and powers never surrendered by them, and

WHEREAS, the President of the United States, without the

Oct. 1, 1957

the United States and to flout and defy the supreme law of the
land, the duty and responsibility of protecting life, prop-
erty and the priceless possession of freedom rests with each
government of each individual state of the union, as to all

E OF REPRESENTATIVES 27

request, consent, and in the absence of the Governor, ordered
federal troops to occupy a portion of the sovereign state of
Arkansas, and such troops through the exercise of brute force
and with the high-handed tactics reminiscent of Hitler's storm
troopers declared their intention to rule the citizenry therein,
and thereby proceeded to maliciously and unnecessarily enjoin
the inherent and inalienable rights and powers of the citizens
thereof, and
WHEREAS, the immediate military leader of such troops arro-
gantly and with impunity and with the implied acquiescence
of the President of the United States, entered the public schools
of Arkansas and thrust his views upon the minds of the
children therein, thereby indelibly impressing upon the minds
and hearts of such children the imprint of Fascism and military
arrogance, and
WHEREAS, the President of the United States, in ordering
federal military troops to occupy Little Rock, Arkansas, cited
as authority for such act a clearly unconstitutional law which
was created by a vengeful Reconstruction Congress to give
dictatorial powers to the President of the United States, and

WHEREAS, even if such law were constitutional its provi-
sions were improperly invoked by the President in that no
federal law was being breached, and
WHEREAS, the federal military forces occupying Little Rock,
Arkansas, under the express order of the President of the
United States are not in nature or fact a posse comitatus au-
thorized by federal law to assist a federal marshal in enforce-
ment of a federal law, and
WHEREAS, the President was without authority and juris-
diction to invoke federal military rule in the sovereign state of
Arkansas because (1) the Governor of Arkansas did not provide
the requisite request for military assistance, (2) a state of in-
surrection, rebellion, or need to repel an invasion, did not
exist, (3) no federal law existed upon which a violation was
predicated, and

WHEREAS, if the President of the United States had had
jurisdiction and authority to invoke federal military rule in
the sovereign state of Arkansas, he was powerless to interfere
with the operation of the public schools therein because the
Constitution of the United States does not confer upon the
President, or the federal government, any power or authority
over such schools or over the subject of education, jurisdiction
over these matters being reserved to the states, nor did the
states by the Fourteenth Amendment authorize any interference
on the part of the President or any other department of the
federal government withthe operation by the states of such
public schools as they might in their discretion see fit to
establish and operate, and

WHEREAS, the President of the United States, by his recent
action invoking military rule in the sovereign state of Ar-
kansas, announced his power to adjudge state laws ineffectual
and inoperative on the basis of his opinion of such laws as
tested by the existing climate of political expediency, and
WHEREAS, the President of the United States, by federal-
izing the State Militia of Arkansas, rendered the Governor
thereof powerless to employ such agency of state government
for the protection of the protection of the inhabitants thereof should an emer-
gency arise within the State requiring their use, and

WHEREAS, if the President of the United States is per-
mitted to exercise the power to determine the method of en-
forcing a federal decree, and thereby to invoke military rule
because of the inconvenience attendant in the proper use of
constitutional processes, the states will have been destroyed;
and the indestructible union of indestructible states established
by the Constitution of the United States will have ceased to
exist, and in its stead the President will have created, without
jurisdiction or authority from the people, a dictator form of
government, possessing total, unrestricted power, and

WHEREAS, it is clear that the President of the United
States has deliberately resolved to disobey the Constitution of

28

JOURNAL OF THE HOUSE

those within their respective territorial limits. The state alone
has this responsibility, and

WHEREAS, it is clearly evident to the Legislature of Florida
that the President of the United States, by his action, in the
sovereign state of Arkansas, and his general intent as inad-
vertently disclosed by the Pentagon to occupy southern states
with military forces, is deserving of the censure of the Congress,
and

WHEREAS, the Legislature of Florida asserts that whenever
the President of the United States engages in the deliberate,
palpable and dangerous exercise of powers not granted to him,
the states who are parties to the compact have the right to
expect and require that the Congress of the United States
exercise the powers granted by the compact to arrest the
progress of the evil, and maintain the constitutional guarantees
of the several sovereign states under the Tenth Amendment to
the United States Constitution, and

WHEREAS, a failure on the part of the Congress thus to
assert its authority in this regard would be construed as ac-
quiescence in the surrender thereof; and that such submissive
acquiescence to the seizure of one right by the President would
in the end lead to the surrender of all rights, and inevitably to
the consolidation of all functions of government under one
separate dictatorial head, contrary to the sacred compact by
which this Union of States was created, NOW, THEREFORE,

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:

That the Congress of the United States be and it is hereby
requested to:

(1) withhold all funds and appropriations from any fed-
eral military forces directed to occupy any sovereign state
without the express approval of the governor therein, and

(2) enact legislation designed to assure the several sove-
reign states freedom from federal military control, and

(3) enact an appropriate measure censuring the President
of the United States for his deliberate interference with the
constitutional guarantees of the citizens of Little Rock, Ar-
kansas, and admonishing the President to recognize the Con-
gress of the United States as the legally proper branch of the
government charged with the responsibility of furnishing di-
rection in matters relating to civil rights as contemplated by
the language of Section 2 of the Fourteenth Amendment that
"The Congress shall have power to enforce this article by ap-
propriate legislation."

BE IT FURTHER RESOLVED, that copies of this Memorial
be dispatched to the President of the United States; to the
President of the United States Senate; to the Speaker of the
United States House of Representatives; and to each of the
congressional delegation in the United States Congress.

The Speaker ruled that the introduction and consideration
of House Memorial No. 24-X would constitute Legislative busi-
ness other than that for which the Legislature was especially
convened.
Mr. Cross moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Memorial No. 24-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Memorial No. 24-X was admitted
for introduction and consideration by the House.
And House Memorial No. 24-X was read the first time in full.
Mr. Cross moved that the rules be waived and the House
revert to the order of Consideration of Messages from the
Senate.
The motion was agreed to by a two-thirds vote, and it was
so ordered.

CONSIDERATION OF MESSAGES FROM THE SENATE

The following messages from the Senate were received and

read:

E OF REPRESENTATIVES Oct. 1, 1957

Tallahassee, Florida,
October 1, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and adopted-
By Senators Kickliter, Connor, Hair, Bishop, Morgan, Belser,
Bronson, Boyd, Hodges, Johns, Brackin, Rawls and Johnson-
S. M. No. 19-X(57)-A Memorial to the Congress of the
United States to enact measures tending to cause the with-
drawal of federal military forces from the occupation of Little
Rock, Arkansas, and prevent the further intrusion by federal
military troops on the constitutional rights of the sovereign
states of the Union, by withholding of appropriations and pub-
lic funds from such troops while so engaged, thereby guaran-
teeing the sovereign states freedom from military rules as con-
templated by the first four articles to the constitution.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
The Speaker ruled that the introduction and consideration
of Senate Memorial No. 19-X, contained in the above mes-
sage, would constitute Legislative business other than that
for which the Legislature was especially convened.
Mr. Cross moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Memorial No. 19-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Memorial No. 19-X was admitted
for introduction and consideration by the House.
The memorial was read the first time in full.
Mr. Mitchell of Leon asked to be recorded present.
Mr. Cross moved that Senate Memorial No. 19-X, a com-
panion measure to House Memorial No. 24-X, be substituted
for and considered in lieu of House Memorial No. 24-X.
The motion was agreed to and Senate Memorial No. 19-X
was substituted for House Memorial No. 24-X.
Mr. Cross moved that the rules be waived and Senate Me-
morial No. 19-X, a companion measure to House Memorial
No. 24-X, be read a second time in full.
The motion was agreed to by a two-thirds vote, and Senate
Memorial No. 19-X was read a second time in full.
Mr. Cross moved the adoption of the memorial.
A roll call was ordered.
When the vote was taken on the adoption of the memorial,
the result was:

Yeas:
Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Bartholomew
Beasley
Blank
Chaires
Chappell
Cleveland
Costin
Crews
Cross
Daniel
Duncan
Frederick
Gibbons

Griffin,J.J.,Jr.
Grimes
Harris
Hathaway
Herrell
Hollahan
Hopkins
Horne
Inman, J. C.
Inman, W. M.
Johnson
Jones
Karl
Kimbrough
Lancaster
Livingston
Maness
Mann
Manning

Marshburn
Mattox
McAlpin
Mitchell, R. O.
Mitchell, Sam
Moody
Musselman
O'Neill
Patton
Peacock
Peavy
Peters
Petersen
Pratt
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Russ

Ryan
Saunders
Shaffer
Sheppard
Shipp
Smith, S. C.
Stewart, E. L.
Stone
Surles
Sweeny
Turlington
Usina
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Nays:
Carney Orr Porter Vocelle
Yeas-76
Nays-4
Messrs. Beck and Strickland were given unanimous consent
to be recorded as voting "Yea."
The motion was agreed to, and Senate Memorial No. 19-X
was adopted and ordered certified to the Senate.
Under Rule 46, House Memorial No. 24-X was laid on the
table.
EXPLANATION OF VOTE ON SENATE MEMORIAL
NO. 19-X
When our people become torn and confused by strife and
turmoil our leaders assume an extra measure of responsibility
to rise above the turmoil, to remain calm and to control the
natural impulse to meet force with force. In these situations
they must control the desire to take the most drastic action
in the first instance. It is my honest opinion that our national
leader did not do this, that he acted hastily and that he has
unfortunately established a dangerous precedent. I cannot con-
done the violation of a valid order of court, nor can I concur
in all of the language used in this memorial. I agree in principle
with the memorial, however, and therefore vote yes.
FREDERICK B. KARL
Representative from Volusia County
EXPLANATION OF VOTE ON SENATE MEMORIAL
NO. 19-X
I believe that President Eisenhower should be severely criti-
cized for his failure to assert moral leadership in these troubled
times. I believe this failure is largely responsible for the moral
deterioration which spawned the violence that resulted in the
unfortunate necessity of protecting life and property by use
of the U. S. Army. Perhaps as a consequence of this deplorable
situation in Arkansas, the President will spend less time gazing
down the green fairways of indifference and more time ad-
dressing himself to the solution of the most perplexing domestic
problem of our time.
I could not, however, vote for this memorial because I believe,
at that time, the President had no alternative but to use the
armed forces to prevent violence. Moreover, I could not vote
for any memorial that compares American soldiers, acting
under orders, to Hitler's storm troopers.
JOHN B. ORR, JR.
Representative from Dade County
CONTINUATION OF CONSIDERATION OF MESSAGES
FROM THE SENATE
The following messages from the Senate were received and
read:
Tallahassee, Florida,
September 30, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-

By Senator Kickliter--
S. B, No. 3-X (57)--A Bill to be entitled An Act regulating
the establishment of cemeteries in Hillsborough County, Flor-
ida, in which lots are to be sold to the public; providing for the
preparation, filing, and recording of a map or plat of said
cemeteries; requiring the approval of said map or plat by the
board of county commissioners; repealing all laws or parts of
laws, both general and special, in conflict therewith and re-
pealing Chapter 22328, Laws of Florida, Special Acts, 1943; but
not regulating the establishment or use of any church or family
cemetery or private burying ground.

Proof of Publication attached,

29

-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
The Speaker ruled that the introduction and consideration
of Senate Bill No. 3-X, contained in the above message,
would constitute Legislative business other than that for
which the Legislature was especially convened.
Mr. Mann moved that this House determine that it shall
transact the Legislative business of the introduction and
consideration of Senate Bill No. 3-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 3-X was admitted for
introduction and consideration by the House.
Proof of publication of Notice attached to S. B. No. 3-X.
The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article
III of the Constitution, has been established in this Legislature
And the bill was read the first time by title.
Mr. Mann was given unanimous consent to now consider
Senate Bill No. 3-X.
Mr. Mann moved that the rules be waived and Senate
Bill No. 3-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 3-X was read a second time by title.
Mr. Mann moved that the rules be further waived and
Senate Bill No. 3-X be read third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 3-X was read a third time in full.

When the v(
result was:
Yeas:
Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Beasley
Beck
Blank
Carney
Chaires
Cleveland
Costin
Crews
Cross
Daniel
Duncan
Frederick
Gibbons
Griffin,J.J.,Jr.
Grimes

ote was taken on the passage of the bill the

Hathaway
Herrell
Hollahan
Hopkins
Inman, J. C.
Inman, W. M.
Johnson
Jones
Karl
Kimbrough
Lancaster
Livingston
Maness
Mann
Manning
Marshburn
Mattox
McAlpin
Mitchell, R. 0.
Mitchell, Sam
Moody

Muldrew
Musselman
Orr
Patton
Peacock
Peavy
Peters
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Russ
Ryan
Saunders
Shaffer
Sheppard
Smith, R. J.

Smith, S. C.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

Yeas- 81
Nays-None.
So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
Mr. Mann moved that the House now reconsider the vote
by which House Bill No. 6-X, a companion measure to Senate
Bill No. 3-X, passed.
The motion was agreed to, and the vote by which House
Bill No. 6-X passed was reconsidered, and House Bill No.
6-X was placed back on third reading.

Mr. Mann moved that the House now reconsider the vote
by which House Bill No. 6-X was placed on third reading.
The motion was agreed to, and the vote by which House

Oct. 1, 1957

Bill No. 6-X was placed on third reading was reconsidered, and
House Bill No. 6-X was placed back on second reading.
Mr. Mann moved that further consideration of House Bill
No. 6-X be indefinitely postponed.
The motion was agreed to, and it was so ordered.
Tallahassee, Florida,
September 30, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Rep-
resentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-
By Senators Dickinson and Cabot-
S. B. No. 4-X(57)-A bill to be entitled An Act relating to
the term of court of the Fifteenth Judicial Circuit of the State;
amending Section 26.36, Florida Statutes; providing an ef-
fective date.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
The Speaker ruled that the introduction and consideration
of Senate Bill No. 4-X, contained in the above message, would
constitute Legislative business other than that for which the
Legislature was especially convened.
Mr. Roberts of Palm Beach moved that this House deter-
mine that it shall transact the Legislative business of the in-
troduction and consideration of Senate Bill No. 4-X.

The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 4-X was admitted for
introduction and consideration by the House.

The bill was read the first time by title.
Mr. Roberts of Palm Beach was given unanimous consent to
now consider Senate Bill No. 4-X.

Mr. Roberts of Palm Beach moved that the rules be waived
and Senate Bill No. 4-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 4-X was read a second time by title.
Mr. Roberts of Palm Beach moved that the rules be fur-
ther waived and Senate Bill No. 4-X be read a third time in
full and placed upon its passage.

The motion was agreed to by a two-thirds vote and Senate
Bill No. 4-X was read a third time in full.

When the vote was taken
result was:

Yeas:
Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Bartholomew
Beasley
Beck
Blank
Carney
Chaires
Costin
Crews
Cross
Daniel
Duncan
Griffin,J.J.,Jr.
Grimes

on the passage of the bill the

Harris Moody
Hathaway Muldrew
Herrell Musselman
Hollahan Orr
Hopkins Patton
Inman, J. C. Peacock
Inman, W. M. Peavy
Johnson Peters
Jones Petersen
Karl Porter
Kimbrough Pratt
Lancaster Putnal
Livingston Roberts, C. A.
Maness Roberts, E. S.
Manning Roberts, H. W.
Marshburn Rowell, E. C.
Mattox Russ
Mitchell, R. O. Saunders
Mitchell, Sam Shaffer

Sheppard
Smith, R. J.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
&elmenovitz

Oct. 1, 1957

Yeas-75.
Nays-None.
So the bill passed, title as stated, and was ordered certified
to the Senate.
Mr. Turlington moved that the rules be waived and the
House revert to the order of Introduction and Reference of
House Bills, Joint Resolutions, House Resolutions, Concurrent
Resolutions and Memorials.
The motion was agreed to by a two-thirds vote, and it was
so ordered.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS AND MEMORIALS
By Messrs. Turlington and Cross of Alachua-
H. B. No. 25-X-A bill to be entitled An Act relating to
retirement of state and county officers and employees; amend-
ing subsection (1) of Section 122.16, Florida Statutes, by the
addition of paragraph (e), providing a method of transfer
to division "B" of the retirement system; providing an effec-
tive date.
The Speaker ruled that the introduction and consideration
of House Bill No. 25-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Turlington moved that this House determine that it
shall transact the Legislative business of the introduction and
consideration of House Bill No. 25-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 25-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title and referred to the
Committees on Pensions & Retirement and Appropriations.
Mr. Turlington moved that House Bill No. 25-X be with-
drawn from the Committees on Pensions & Retirement and
Appropriations and placed on the Calendar.
The motion was agreed to by a two-thirds vote, and House
Bill No. 25-X was ordered withdrawn from the Committees on
Pensions & Retirement and Appropriations and placed on the
Calendar.
CONSIDERATION OF HOUSE GENERAL BILLS OF LOCAL
APPLICATION ON SECOND READING
H. B. No. 22-X-A bill to be entitled An Act providing com-
pensation for the county prosecuting attorney on bond for-
feitures in the county judge's court in all counties having a
population of not more than five thousand three hundred
(5,300) nor less than four thousand two hundred eighty (4,280)
according to the last federal state-wide decennial census; pro-
viding an effective date.
-was taken up.
Mr. Hathaway moved that the rules be waived and House
Bill No. 22-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 22-X was read a second time by title.
Mr. Hathaway moved that the rules be further waived and
House Bill No. 22-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 22-X was read a third time in full.
When the vote was taken on the passage of the bill the
result was:
Yeas:
Mr. Speaker Beasley Cross Harris
Alexander Beck Duncan Hathaway
Anderson Blank Frederick Herrell
Asking Chaires Gibbons Hollahan
Ayers Cleveland Griffin,J.J.,Jr. Hopkins

Bartholomew Crews Grimes Inman, J. C.

30

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Inman, W. M. Muldrew Roberts, E. S. Usina
Johnson Musselman Rowell, E. C. Wadsworth
Karl Orr Ryan Walker
Kimbrough Papy Saunders Weinstein
Lancaster Patton Shaffer Williams. B.D.
Livingston Peacock Smith, R. J. Williams, G.W.
Maness Peavy Smith, S. C. Williams,J.R.A.
Manning Peters Stewart, E. L. Wise
Marshburn Petersen Stone Youngberg
Mattox Porter Strickland Zelmenovitz
Mitchell, R. O. Pratt Surles
Mitchell, Sam Putnal Sweeny
Moody Roberts, C. A. Turlington
Yeas- 73
Nays- None
So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
INTRODUCTION OF GUESTS
Mr. Peacock introduced the Honorable Russell Gray of
Marianna, Governor of the 1957 Boys' State, and moved that
a committee of three be appointed to escort him to the
rostrum.
The motion was agreed to.
Thereupon, the Speaker appointed Messrs. Peacock, Shipp
and Mattox as the committee which escorted Mr. Gray to
the rostrum where he was presented and addressed the Mem-
bership of the House.
Mr. Hopkins moved that the rules be waived and the House
revert to the order of Introduction and Reference of House
Bills, Joint Resolutions, House Resolutions, Concurrent Reso-
lutions and Memorials.
The motion was agreed to by a two-thirds vote and it was
so ordered.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS,
CONCURRENT RESOLUTIONS AND MEMORIALS
By Messrs. Hopkins and Stone of Escambia-
H. B. No. 26-X-A bill to be entitled An Act to amend
Sections 5 and 13 of Chapter 26141 Laws of Florida and
Sections 4, 6, and 12 of Chapter 31160 Laws of Florida, relating
to the pensioning of employees of the City of Pensacola and
their dependents.
The Speaker ruled that the introduction and consideration
of House Bill No. 26-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Hopkins moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 26-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 26-X was admitted for
introduction and consideration by the House.
Proof of Publication of notice attached to House Bill No.
26-X.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the bill was read the first time by title.
Mr. Hopkins was given unanimous consent to now consider
House Bill No. 26-X.
Mr. Hopkins moved that the rules be waived and House
Bill No. 26-X be read a second time by title.

The motion was agreed to by a two-thirds vote and House
Bill No. 26-X was read a second time by title.

Mr. Hopkins moved that the rules be further waived and
House Bill No. 26-X be read a third time in full and placed

upon its passage.

31

The motion was agreed to by a two-thirds vote and House
Bill No. 26-X was read a third time in full.

When the v
result was:
Yeas:
Mr. Speaker
Anderson
Arrington
Askins
Ayers
Barron
Bartholomew
Beck
Blank
Carney
Chaires
Cleveland
Costin
Crews
Cross
Daniel
Duncan
Frederick
Gibbons
Griffin,J.J.,Jr.
Grimes
Yeas-82
Nays-N-one

ote was taken on the passage of the bill the

Harris
Hathaway
Herrell
Hollahan
Hopkins
Inman, J. C.
Inman, W. M.
Johnson
Jones
Karl
Lancaster
Livingston
Maness
Mann
Manning
Marshburn
Mattox
McAlpin
Mitchell, R. O.
Mitchell, Sam
Moody

Muldrew
Musselman
Orr
Patton
Peacock
Peavy
Peters
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Russ
Ryan
Saunders
Shaffer
Sheppard
Shipp

Smith, R. J.
Smith, S. C.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
rurlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise

Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
By Messrs. Barron and Harris of Bay-
H. B. No. 27-X-A bill to be entitled An Act authorizing
the County of Bay, Florida to construct or acquire, own,
operate and maintain, water reservoirs, dams, levees, spillways,
artificial lakes and other water storage areas and facilities,
for commercial, industrial, domestic or recreational purposes;
authorizing the acquisition of lands and other properties,
facilities and equipment necessary for such purposes; authori-
zing the issuance of bonds of said county to finance the cost
of the construction or acquisition of such improvements, and
purposes related thereto; authorizing the levy of an ad valorem
tax of not exceeding 3 mills on the dollar of assessed valuation
on all taxable property within said county for the payment
of said bonds and the interest thereon; providing that such
bonds shall not be issued unless the issuance thereof has been
approved by the freeholders of said county; providing for
tax exemption of such bonds issued and the properties acquired
pursuant to this Act, and providing for a referendum.
The Speaker ruled that the introduction and consideration
of House Bill No. 27-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Harris moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 27-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 27-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title.
Mr. Harris was given unanimous consent to now consider
House Bill No. 27-X.
Mr. Harris moved that the rules be waived and House Bill
No. 27-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 27-X was read a second time by title.
Mr. Harris moved that the rules be further waived and House
Bill No. 27-X be read a third time in full and placed upon its
passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 27-X was read a third time in full.
When the vote was taken on the passage of the bill the result
was:

Oct. 1, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Oct. 1, 1957

Yeas:
Mr. Speaker
Anderson
Arrington
Askins
Barron
Bartholomew
Beasley
Beck
Blank
Carney
Chaires
Chappell
Cleveland
Costin
Crews
Cross
Daniel
Frederick
Gibbons
Griffin,J.J.,Jr.
Yeas-79
Nays-None

Grimes
Harris
Hathaway
Herrell
Hollahan
Hopkins
Inman, W. M.
Johnson
Karl
Lancaster
Maness
Mann
Manning
Marshburn
Mattox
McAlpin
Mitchell, R. 0.
Mitchell, Sam
Moody
Muldrew

Musselman
D'Neill
Orr
Patton
Peacock
Peavy
Peters
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Russ
Ryan
3haffer
Sheppard
Shipp

Smith, R. J.
Smith, S. C.
Stewart, E. L.
Stone
Strickland
Surles
3weeny
rurlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
By Messrs. Barron and Harris of Bay-
H. B. No. 28-X-A bill to be entitled An Act to authorize
and empower the Board of County Commissioners of Bay Coun-
ty, Florida, to appropriate the sum of $10,000 annually from the
general fund of the county to the St. Andrew Bay Center for
retarded children and declaring all sums so paid to be for a
county purpose.
The Speaker ruled that the introduction and consideration
of House Bill No. 28-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Barron moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 28-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 28-X was admitted for
introduction and consideration by the House.
Proof of Publication of notice attached to House Bill No.
28-X.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the bill was read the first time by title.
Mr. Barron was given unanimous consent to now consider
House Bill No. 28-X.
Mr. Barron moved that the rules be waived and House Bill
No. 28-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 28-X was read a second time by title.
Mr. Barron moved that the rules be further waived and
House Bill No. 28-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 28-X was read a third time in full.
When the vote was taken on the passage of the bill the result
was:
Yeas:
Mr. Speaker Beasley Costin Griffin,J.J.,Jr.
Anderson Beck Crews Grimes
Arrington Blank Cross Harris
Askins Carney Daniel Hathaway
Barron Chaires Frederick Herrell
Bartholomew Cleveland Gibbons Hollahan

Hopkins
Home
Inman, J. C.
Inman, W. M.
Johnson
Jones
Karl
Lancaster
Livingston
Maness
Mann
Manning
Marshburn
Mattox
Yeas-79
Nays-None

McAlpin
Mitchell, R. O.
Mitchell, Sam
Moody
Muldrew
Musselman
Orr
Patton
Peacock
Peavy
Peters
Petersen
Porter
Pratt

Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Russ
Ryan
Shaffer
Sheppard
Shipp
Smith, R. J.
Smith, S. C.
Stewart, E. L.
Stone
Strickland

Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
Mr. Beasley moved that the House now adjourn to reconvene
at 2:00 P. M. today.
The motion was agreed to.
Thereupon, at the hour of 12:23 P. M., the House stood ad-
journed until 2:00 P. M. today.
AFTERNOON SESSION
The House reconvened at 2:00 P.M.
THE SPEAKER IN THE CHAIR.
The roll was taken and the following Members were re-
corded present:

Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Barron
Bartholomew
Beasley
Beck
Blank
Carney
Chaires
Chappell
Cleveland
Costin
Crews
Cross
Daniel
Duncan
Frederick
Gibbons

Griffin,J.J.,Jr.
Grimes
Harris
Hathaway
Herrell
Hollahan
Hopkins
Horne
Inman, J. C.
Inman, W. M.
Johnson
Jones
Karl
Kimbrough
Lancaster
Livingston
Maness
Mann
Manning
Marshburn
Mattox
McAlpin

Mitchell, R. O.
Mitchell, Sam
Moody
Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peacock
Peavy
Peters
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Rowell, E. C.
Russ
Ryan
Saunders

Shaffer
Sheppard
Shipp
Smith, R. J.
Smith, S. C.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams;,.R.A.
Wise
Youngberg
Zelmenovitz

A quorum present.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS AND MEMORIALS
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Horne of Leon-
H. J. R. No. 29-X-A Joint Resolution proposing revision of
Article III of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article III
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or re-
jection at an election to be held as provided at this session of
the legislature, that is to say:
ARTICLE III
LEGISLATIVE
Section 1. Composition.-The legislative power of the

32

JOURNAL OF THE HOUSE

state shall be vested in a Legislature of the State of Florida,
consisting of a Senate and a House of Representatives, whose
sessions shall be held at the seat of government.
Section 2. (a) Regular sessions extensions.-A regular
legislative session shall be convened on the first Tuesday after
the first Monday in April of each odd-numbered year for not
more than sixty consecutive days; provided, by three-fifths
vote of the membership of each house it may be extended from
time to time for periods not exceeding in the aggregate thirty
calendar days, not necessarily consecutive but not extending
beyond the following August, during which no new legislation
may be introduced without the consent of two-thirds of the
house in which it originates.
(b) Extra sessions.-When within sixty days from the filing
of the first certificate one-fifth of the membership of each
house of the legislature shall have filed with the secretary of
state their certificates that an extra session of the legislature
is required for the common good, he shall within seven days
thereafter give notice thereof to all legislators by registered
mail and poll them on the question: "Shall such session be
held?" If three-fifths of the membership of each house shall
within fifteen days after such mailing file with him their affir-
mative votes thereon, he shall call such session to convene on
a date fixed by him not less than fourteen or more than twenty-
one days after such mailing. Such session shall not exceed
thirty consecutive days.
(c) Special sessions.-The governor may by proclamation
stating the purpose convene the legislature in special session
not to exceed twenty consecutive days, during which only such
legislative business may be transacted as pertains to reappor-
tionment, if action thereon is necessary, or as is within the
purview of the proclamation or of a communication from the
governor or is introduced by consent of two-thirds of each
house.
(d) Reapportionment sessions.-Should the legislature fail
to reapportion its representation at any regular session as
herein provided, the governor shall within thirty days after
adjournment thereof call the legislature into reapportionment
session to perform its duty in that behalf. Such session shall
transact no other business and shall complete reapportionment
before adjournment; provided, after the lapse of sixty days
from the date such session is convened the governor by pro-
clamation or the legislature by concurrent resolution may
adjourn the session to a certain date or sine die.
(e) Organization-expenses.-The legislature may provide
for its organization, expenses, and other incidental matters,
including per diem of members.
(f) Adjournment by governor.-If the two houses cannot
agree upon a time for adjournment, the governor may adjourn
the session sine die or to any date within the period authorized
for such session; provided, at least two legislative days other
than recess days before adjourning the session he shall give
each house formal written notice of his intention to do so,
and agreement reached within that period by both houses on
a time for adjournment shall prevail.
Section 3. (a) First legislature.- The first legislature shall
be composed of the legislators elected pursuant to the constitu-
tion of 1885, whose terms of office shall expire as therein
provided, and of the additional legislators created hereby. If
this article becomes effective as the result of a special election
thereon the additional legislative offices created hereby shall
be filled at the general election in 1958. If this article becomes
effective as the result of a general election the additional
legislative offices created hereby shall be filled by a special
election, as provided by law, as early as practicable after the
effective date hereof. Senators from odd-numbered districts
shall be those elected in 1956 and senators from even-numbered
districts shall be those elected in 1958; provided, the first
senators from the additional odd-numbered districts created
hereby shall be elected, at a general or special election as
provided in this subsection, for a term expiring with the terms
of senators from the other odd-numbered districts.

(b) Terms of legislators-vacancies.- Except as provided
herein for the first senators from the additional odd-numbered
district's created hereby, each representative shall be elected
for a term of two years and each senator for a term of four

years, by the electors of the area within which he qualifies,
at a general election held in the year in which the term of the

Oct. 1, 1957

without the consent of the other. The senate may close its
doors to the public while sitting in executive session. Other
sessions of each house shall be public. Each house shall keep
and publish a journal of its proceedings, in which the yeas
and nays of each member on any question shall be entered

;E OF REPRESENTATIVES 33

incumbent expires. He shall take office upon election. Vacan-
cies shall be filled only by special election as provided by law.
(c) Qualifications of legislators.- Each legislator shall be
at least twenty-one years of age and an elector and resident of
the area from which elected.
(d) Eligibility for other office.- Except as provided herein,
no legislator shall during the term for which elected be ap-
pointed to any state civil office created by the legislature dur-
ing such term.
(e) Compensation-allowances.- Each legislator shall re-
ceive compensation, payable monthly, and travel and per diem
allowances as provided by law.
Section 4. Representation-apportionment.-(a) Senate.-
The state shall be apportioned into forty-five senatorial dis-
tricts designated by number in consecutive order. Such ap-
portionment shall provide fairness and equity among districts,
based upon population and such other pertinent factors as may
be determined by the legislature at the time of apportionment;
provided:
(1) There shall be only one senator for each district;
(2) No district shall be composed of more than three coun-
ties;
(3) Counties forming a district shall not be entirely sepa-
rated by territory of another district; and
(4) No county shall be divided in creating a district.
(b) House of representatives.- The representation in the
house of representatives shall be apportioned as follows:
(1) Five representatives for the most populous county;
(2) Four representatives for each of the next two most
populous counties;
(3) Three representatives for each of the next seven most
populous counties;
(4) Two representatives for each of the next twenty-three
most populous counties; and
(5) One representative for each other county.
(c) First apportionment reapportionment. The first
apportionment of each legislative house shall become effective
upon adoption hereof, and at the regular session in 1965 and
decennially thereafter the legislature shall reapportion its
representation in accordance herewith. Should it fail to do
so, its duty shall continue in every session, of whatever type.
(d) Representation of newly created county. A newly
created county shall have one representative in the house of
representatives until the succeeding reapportionment, and until
that time it shall be part of such adjoining senatorial dis-
trict as the legislature shall designate.
Section 5. Organization officers. Each house shall be
the sole judge of the qualifications, elections, and returns of
its members, and upon convening each regular session shall
choose its officers, including a permanent presiding officer
selected from its membership, who shall be designated in the
senate as President of the Senate, and in the house as Speaker
of the House of Representatives. The senate shall designate
a Secretary, to serve at its pleasure, and the house of repre-
sentatives shall designate a Chief Clerk, to serve at its pleasure.

Each house of the legislature shall provide a liason repre-
sentative to the budget commission. He shall be responsible
to his appointive house only, shall have access to all records
and information available to the budget commission, and may
sit with it at any time.
Section 6. Procedure adjournment open doors -
journal discipline compelling attendance. Except as
provided herein, each house shall determine its rules of pro-
cedure. Neither house may adjourn for more than three days

34 JOURNAL OF THE HOU:

upon request of five members present. Each house may punish
a member for contempt and by two-thirds vote may expel
him. A majority of the members elected to each house shall
constitute a quorum, but less than a quorum may adjourn
from day to day, compel attendance of absent members, and
prescribe penalties for failure to attend.
Section 7. Attendance of witnesses production of evi-
dence contempt and penalties. Each house may when in
session compel attendance of witnesses and production of pub-
lic and private documents and other evidence upon any matter
under investigation before it or any of its committees, and
may punish by fine not exceeding $1,000 or imprisonment not
exceeding ninety days any person not a member who has been
guilty of disorderly or contemptuous conduct in its presence or
has refused to obey its lawful summons or to answer lawful
questions. For making investigations between sessions the
legislature may confer such powers upon any committee of
legislators by a law limited to the committee designated, to
a stated period of operation, and to the matters specifically
assigned. The manner of exercising such powers, including the
fixing of witness fees and expenses and appropriate right of
appeal, shall be prescribed by law.

Section 8. Form of bill one subject title amend-
ment enacting clause. Every law shall embrace but one
subject and matter properly connected therewith, which sub-
ject shall be briefly expressed in the title. No law shall be re-
vised or amended by reference to its title only. Laws to revise
or amend shall set out in full the revised act or amended
section, subsection, or paragraph of a subsection. The enacting
clause of every law shall read: "Be it enacted by the Legis-
lature of the State of Florida."
Section 9. Passage of bills. Any bill may originate in
either house and after passage in one may be amended in the
other. In each house it shall be read on three separate days
unless two-thirds waive this rule. Its first reading shall be by
title only unless one-third order it read in full. Its second
reading shall be in full unless two-thirds order it read by title
only. Its third reading shall be in full unless it is a general
revision of the entire laws, in which instance two-thirds may
order it read by title only. In each house passage of a bill shall
require a majority vote. On final passage the vote in each
house shall be taken by yeas and nays and entered on its
journal. The bill shall be signed by the presiding officers of
the respective houses and by the secretary of the senate and
the chief clerk of the house of representatives.
Section 10. Executive approval-veto-item veto of appro-
priations repassage. Every bill passed by the legislature
shall be presented to the governor for his approval and shall
become a law if he approves and signs it, or fails to do so or
to veto it within seven days after presentation; provided,
if during such period the legislature finally adjourns or takes
a recess of more than thirty days he shall have twenty days
from the date of adjournment or recess to act on the bill. In all
cases except general appropriation bills, the veto shall extend
to the entire bill. The governor may veto specific items of a
general appropriation bill except the expression of legislative
intent as to expenditures.
When a bill or any item of a general appropriation bill
has been vetoed by the governor, he shall transmit his signed
objections thereto to the house in which the bill originated.
If that house is not in session he shall file them with the
secretary of state, who shall lay them before that house at
its next session, and they shall be entered on its journal.
If each house shall reenact the bill or reinstate a vetoed
item of an appropriation bill by two-thirds vote, the yeas and
nays shall be entered on the respective journals, and the bill
shall become law or the item reinstated, the veto notwith-
standing.
Section 11. Effective date of laws.--No law shall take ef-
fect until sixty days from the final adjournment of the session
of the legislature in which enacted; provided, by amendment
adopted separately by two-thirds vote of each house the legis-
lature may set an earlier effective date.

S

The classification by general law of counties, municipalities,
and special districts according to population shall, as to those
falling within a different class by reason of change in popula-
tion, become operative thirty days after the adjournment of

;E OF REPRESENTATIVES Oct. 1, 1957

the regular session of the legislature next convening after
certification of the census establishing such change.
Section 12. Distribution of laws-judicial decisions.-The
legislature shall provide for the speedy publication and distri-
bution of all laws. Laws and judicial decisions shall be free
for publication by any person.
Section 13. Special and local laws-requisites for enactment.
-No special law or local law shall be passed unless notice of
intention to seek enactment thereof has been published in the
manner provided by law, in each county in the area to be
affected thereby, not less than thirty days or more than
ninety days prior to introduction in the legislature. The fact
that publication has been made shall be recited on the journal
of each house and the evidence of publication shall be preserved
with the bill in the office of the secretary of state. Such
notice shall not be necessary when the law is conditioned to
become effective only upon approval by vote of the electors.
Section 14. Types of special and local laws prohibited.-
The legislature shall not pass any special or local law pertain-
ing to:
(1) jurisdiction, duties, fees other than those for special
county purposes, or election, including the opening and
conducting thereof and the designation of places of
voting, of any officers except municipal officers;
(2) assessment or collection of taxes for state or county
purposes, including extension of time therefore, relief
of tax officers from due performance of their duties,
and relief of their sureties from liability;
(3) practice or rules of evidence of any court;
(4) punishment for crime;
(5) grand or petit juries, including compensation of jurors,
except establishment of jury commissions;
(6) change of civil or criminal venue;
(7) conditions precedent to bringing any civil or criminal
proceedings, or limitations of time therefore;
(8) refund of money legally paid or remission of fines,
penalties, or forfeitures;
(9) creation, enforcement, extension, or impairment of
liens, or fixing of interest rates on private contracts;
(10) disposal of public property, including any interest
therein;
(11) vacation of roads;
(12) private incorporation or grant of privilege to a private
corporation, except as to a ship or barge canal across
the state;
(13) effectuation of invalid deeds, wills, or other instru-
ments, or change in the law of descent;
(14) change of name of any person;
(15) divorce;
(16) legitimation or adoption of persons;
(17) relief of minors from legal disabilities;
(18) transfer of any property interest of persons under legal
disabilities or of estates of decedents;
(19) fishing or hunting;
(20) regulation of trades, professions, or occupations.
The legislature may by general law prohibit special or local
laws on any other subject. Repeal thereof shall be by general
law only.
Section 15. Impeachment-effect--filling office during trial.
-The governor, justices of the supreme court, members of the
cabinet, judges of district courts of appeal, and judges of the

circuit court may be removed from office only by impeach-
ment by the house of representatives by two-thirds vote. Im-
peachments shall be tried by the senate, whose members shall
be upon oath or affirmation when sitting for that purpose, and
conviction shall require concurrence by two-thirds vote. The

_ __

JOURNAL OF THE HOUSE

senate may adjourn to a fixed date for the trial, which date
shall not be more than six months from the time articles of
impeachment are preferred. The house of representatives need
not be in session during the trial. The chief justice or an
associate justice appointed by him shall preside at the trial
unless the chief justice is on trial, in which event the governor
shall preside. Judgment shall extend only to removal from
office and disqualification to hold any office of honor, trust,
or profit under the state, and shall not affect the criminal
or civil liability of the convicted officer.
An impeached officer shall immediately be disqualified from
performing any duties until acquitted by the senate, and unless
the governor is impeached he may by appointment fill the
office until completion of trial.
Section 16. Appropriation bills-withdrawal of public funds.
-Laws making appropriations for salaries of public officers
and other current expenses of the state shall contain provisions
on no other subject.
Section 17. Civil service systems and boards.--The legis-
lature may create or abolish civil service systems and boards
for state, county, district, or municipal employees, and also
for such officers thereof as are not appointed by the governor
or elected, and may authorize such boards to prescribe the
qualifications, methods of selection, and tenure of such em-
ployees and officers.
Section 18. Welfare.- The legislature may provide by gen-
eral law for a uniform system of benefits to residents having
claim upon the aid and sympathy of society by reason of age,
infirmity, or misfortune. No person shall receive state bene-
fits unless he has been a resident of the state for five years
immediately preceding application and, if application is based
solely on age, has reached the age of sixty-five; provided,
when necessary to secure st ate participation in federal funds
the legislature may adopt the federal requirements then in
effect.

Section 19. Mechanics liens.--The legislature shall provide
for giving to mechanics and other laborers an adequate lien on
the subject matter of their labor.
Section 20. Alcoholic beverages-legislative authority.-In
those counties in which the sale of intoxicating beverages is
not prohibited as herein provided, the legislature shall regulate
the manufacture and sale thereof by private persons or provide
for the manufacture or sale thereof by the state or a state
agency.
Section 21. Effective date of this article.--This article is
one o af a group of fourteen amendments proposed at the same
session of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part of the
constitution unless the electors adopt simultaneously with this
article the amendments constituting respectively the Preamble
and Articles I, II, IV, and VI through XIV. This section is an
integral part of this article and the entire article shall be
invalid if this section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become effec-
tive unless the electors adopt each of said fourteen proposed
amendments at tlhe same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may
by a single vote cast his vote for approval or rejection of all
of them and also in such manner that each elector may, in
the alternative, cast his vote for approval or rejection of any
one of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-

tive if any portion thereof is held invalid.

Oct. 1, 1957

A proposed amendment that applies to fewer than all the
counties of the state shall not become a part hereof unless
adopted by vote of the electors of the county or counties
designated and also by vote of the electors of the state.

E OF REPRESENTATIVES 35

-was read the first time in full and referred to the Committee
on Constitutional Amendments.
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Horne of Leon-
H. J. R. No. 30-X-A Joint Resolution proposing revision of
Article XII of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article XII
of the Constitution of Florida is hereby agreed to and shall be
submitted to the electors of Florida for ratification or rejection
at an election to be held as provided at this session of the
legislature, that is to say:

ARTICLE XII
AMENDMENTS
Section 1. Amendment pursuant to legislative action.- The
legislature may by joint resolution adopted as provided in this
section propose an amendment to this constitution. A resolu-
tion proposing an amendment shall confine itself to the subject
matters of one article but may include any provisions in other
articles relating thereto; provided, when the legislature sub-
mits more than one proposed revised article hereof, to be
voted upon in the same general election, any such proposed
article may provide that it shall not become effective unless
other specified proposed articles are adopted by the electors
at such election, and thereupon none of such proposed articles
shall become a part hereof unless all of them are adopted.
The resolution shall be processed in the manner provided
herein for enactment of laws, except that:

(1) It shall forthwith be entered in full on the journal of
the house in which introduced.
(2) The house in which it is introduced shall forthwith
furnish a copy to the attorney general, who shall con-
sider it and within ten days transmit to each house
recommendations or suggestions as to its effect upon
other provisions of the constitution and as to its form
and substance, but his failure to act shall not affect
legislative action thereon.
(3) No vote upon the adoption of the joint resolution shall
be taken until on or after the eighteenth calendar da
after its introduction in the originating house. Amend-
ments thereto shall require a three-fifths majority of
those voting thereon, and final adoption shall require
affirmative vote of three-fifths of the membership of
each house, the yeas and nays to be entered on the
journal; and if the resolution is amended it shall be
entered on the journals as finally adopted.
(4) The resolution shall not be subject to veto.
Section 2. Submission to electors.- A proposed amendment
shall be submitted to the electors for ratification or rejection
at the next general election held more than seventy days after
the adoption of the resolution unless by vote of three-fourths
of the membership of each house the legislature shall provide
for its submission at a special election at an earlier date. The
secretary of state shall cause the proposed amendment, to-
gether with a notice of the date of the election thereon, to
be published twice in one newspaper in each county where a
newspaper is published, the first publication to be not more
than ten or less than eight weeks before the election, and the
second publication to be at least one week after the first and
not less than six weeks before the election.
Section 3. Effective date-approval by electors.- If a ma-
jority of the electors of the state shall vote in favor of the
proposed amendment, it shall take effect at noon on the first
Tuesday after the first Monday in January next after the
election if voted upon in a general election, and on the sixtieth
day after the election if voted upon at a special election, or in
either case at such other date as the joint resolution shall
provide.

36 JOURNAL OF THE HOU!

Section 4. Revision by convention.-Whenever the legis-
lature, by vote of two-thirds of the membership of each house
with the yeas and nays entered on the journals, determines
that revision of the constitution is necessary, it shall provide
for a convention, to be convened within six months thereafter,
to adopt and submit a revision to it for its consideration.
The convention membership shall be equal to and apportioned
among the counties in the same manner as the membership of
the senate and house of representatives. Vacancies shall be
filled by the governor. The legislature shall provide for election
of delegates and notice of election. A legislator or any other
public officer may be elected delegate. The convention shall
determine its own organization, discipline, and rules of pro-
cedure; provided, a majority shall be required for all action
other than compelling attendance of absent members.
The legislature shall at its next regular session, or at
a special session called for the purpose, act upon the revision
submitted, which may be amended by vote of three-fourths of
the membership of each house. If the revision is approved by
vote of three-fifths of the membership of each house it shall
be submitted to the electors for ratification or rejection at
the next general election held more than seventy days after
adoption of the resolution, unless by vote of three-fourths
of the membership of each house the legislature provides for
its submission at an earlier special election. The secretary of
state shall cause the proposed revision and a notice of the
election date to be published twice in one newspaper in each
county where a newspaper is published, the first publication
to be not more than ten or less than eight weeks before the
election, and the second to be at least one week after the
first and not less than six weeks before the election.
Section 5. Effective date. approval by electors.-If a
majority of the electors of the state shall vote in favor of
the revised constitution, it shall take effect at noon on
the first Tuesday after the first Monday in January next
after the election if voted upon in a general election, and
on the sixtieth day after the election if voted upon at a
special election, or in either case at such other date as
the joint resolution shall provide.
Section 6. Effective date of this article.-This article
is one of a group of fourteen amendments proposed at
the same session of the legislature and submitted to the
electors at the same election, and it shall not become effective
or a part of the constitution unless the electors adopt simul-
taneously with this article the amendments constituting
respectively the Preamble and Articles I through IV, VI
through XI, XIII, and XIV. This section is an integral part
of this article and the entire article shall be invalid if this
section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become effec-
tive unless the electors adopt each of said fourteen proposed
amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may
by a single vote cast his vote for approval or rejection of all
of them and also in such manner that each elector may, in
the alternative, cast his vote for approval or rejection of any
one of them.
Section 4. Upon rejection of one or more of said four-
teen proposed amendments each of them shall by its terms not
become effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-was read the first time in full and referred to the Com-
mittee on Constitutional Amendments.
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of

Alachua, Herrell of Dade and Horne of Leon-
H. J. R. No. 31-X-A Joint Resolution proposing revision of
Article XIII of the Constitution of the State of Florida.

S

;E OF REPRESENTATIVES Oct. 1, 1957

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article XIII
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or re-
jection at an election to be held as provided at this session of
the legislature, that is to say:
ARTICLE XIII
SCHEDULE
Section 1. Constitution-effective date-short title.-This
constitution shall take effect at noon, eastern standard time,
on the sixtieth day after its adoption, and as adopted and as
thereafter amended, together with Article V of the constitu-
tion of 1885 as amended, it shall bear the short title: Florida
Constitution of 1958. When the Preamble and Articles I
through IV and VI through XIV hereof become effective all
articles of the constitution of 1885 except Article V shall be
superseded thereby and are repealed as of that date.
Section 2. Existing laws, legal rights, and liabilities-con-
tinuance.- All laws, regulations, ordinances, and rules of court
not in conflict herewith shall continue in force until repealed
or amended. Unless otherwise provided herein, no existing
judgment, decree, writ, action, cause of action, prosecution,
contract, claim, charter, franchise or other existing right or
liability shall be affected hereby.
Section 3. First elections continuance of incumbents. -
Except as provided herein for election of legislators in the first
legislature hereunder, the first elections hereunder shall be at
the general election in 1958. Each person holding public office
at the adoption hereof shall continue therein for the remainder
of the term for which elected; provided, at the effective date
hereof the board of public instruction in each county shall
become the county school board hereunder, the school district
trustees and special tax school district trustees shall cease to
hold office, and their duties not inconsistent herewith shall be
performed by the county school board.
Section 4. Effective date of this article.- This article is one
of a group of fourteen amendments proposed at the same ses-
sion of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part of
the constitution unless the electors adopt simultaneously with
this article the amendments constituting respectively the Pre-
amble and Articles I through IV, VI through XII, and XIV.
This section is an integral part of this article and the entire
article shall be invalid if this section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become effec-
tive unless the electors adopt each of said fourteen proposed
amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may by
a single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any one
of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effective
if any portion thereof is held invalid.
-was read the first time in full and referred to the Com-
mittee on Constitutional Amendments.
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Horne of Leon-

H. J. R. No. 32-X-A Joint Resolution proposing revision of
Section I of Article XVII of the Constitution of the State of
Florida.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The legislature finds as a fact:
(a) that the interlocking details and the framework of
the constitutional amendments contained in the fourteen joint
resolutions constituting the Preamble and Articles I through IV
and VI through XIV of the proposed revised constitution are
such that it would be impracticable to have the provisions of
any of them become operative unless all of them are pre-
sented at the same election and are adopted threat;
(b) that the constitutional amendment proposed in each
of said fourteen joint resolutions should not become effective
unless the electors adopt all of said fourteen proposed amend-
ments at the same election;
(c) that ballots for voting upon said fourteen proposed
amendments at the same election should be prepared in such
manner that each elector may by a single vote cast his vote
for approval or rejection of all of them and also in such
manner that each elector may, in the alternative, cast his
vote for approval or rejection of any one of them;
(d) that upon rejection of one or more of said fourteen
proposed amendments each of them should by its terms not
become effective; and
(e) that an amendment procedure designed to accomplish
the foregoing objectives should be clearly provided by amend-
ing the article of the Constitution of the State of Florida
relating to the amending process.
Section 2. The following amendment repealing and su-
perseding Section 1 of Article XVII of the Constitution of the
State of Florida is hereby agreed to and shall be submitted to
the electors of the state at a special election to be provided
for at this session of the legislature, that is to say:
Section 1. Method of amending constitution.-Either branch
of the Legislature, at any regular session, or at any special
or extraordinary session thereof called for such purpose either
in the governor's original call or any amendment thereof, may
propose the revision or amendment or revisions or amend-
ments of any portion or portions of this Constitution. Any
such revision or revisions or amendment or amendments may
relate to one subject or any number of subjects, but no amend-
ment shall consist of more than one revised article of the
Constitution, except as hereinafter provided.
If the proposed revision or revisions or amendment or
amendments are agreed to by three-fifths of the members
elected to each house, they shall be entered upon the respective
journals with the yeas and nays and published in one news-
paper in each county where a newspaper is published for two
times, one publication to be made not earlier than ten weeks
and the other not later than six weeks, immediately preceding
the election at which the same are to be voted upon, and there-
upon submitted to the electors of the State for approval or
rejection at the next general election, provided, however, that
such revision or revisions or amendment or amendments may
be submitted for approval or rejection in a special election
under the conditions described in and in the manner pro-
vided by Section 3 of Article XVII of this Constitution. If a
majority of the electors voting upon the amendment or amend-
ments adopt such amendment or amendments the same shall
become a part of the Constitution, provided, however, that
when the Legislature submits more than one proposed revised
article of the Constitution to be voted upon in the same elec-
tion, any such proposed revised article may provide that it
shall not become effective unless other specified proposed re-
vised articles are approved by the electors at such election,
and in such case none of such proposed revised articles shall
become a part of the Constitution unless all of them are ap-
proved.
This amendment shall be effective as of September 30, 1957,
and when the proposed amendment constituting Article XII
of the revised Constitution becomes effective this amendment
shall be superseded by it and repealed.
S-was read the first time in full and referred to the Com-
mittee on Constitutional Amendments.
By Mr. Saunders of Clay-

H. B. No. 33-X-A bill to be entitled An Act requiring all

37

hospital authorities in counties in the state having a popula-
tion of not less than fourteen thousand three hundred (14,300)
and not more than fourteen thousand seven hundred (14,700),
according to the last official state-wide decennial census, to
promulgate by-laws and to establish rules and regulations for
the management of the authority and the operation and man-
agement of any hospital, operating or proposed, within the
jurisdiction of such hospital authorities; to elect officers from
among themselves; providing an effective date.
The Speaker ruled that the introduction and consideration
of House Bill No. 33-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Saunders moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 33-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 33-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title.
Mr. Saunders was given unanimous consent to now consider
House Bill No. 33-X.
Mr. Saunders moved that the rules be waived and House
Bill No. 33-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 33-X was read a second time by title.
Mr. Saunders moved that the rules be further waived and
House Bill No. 33-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 33-X was read a third time in full.

When the vote was taken on the passage
result was:

Yeas:
Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Barron
Bartholomew
Beasley
Beck
Carney
Chaires
Cleveland
Costin
Crews
Cross
Frederick
Gibbons
Griffin,J.J.,Jr.
Grimes
Harris
Yeas-81.
Nays-None.

Hathaway
Herrell
Hollahan
Hopkins
Horne
Inman, J. C.
Inman, W. M.
Johnson
Jones
Karl
Kimbrough
Lancaster
Livingston
Maness
Mann
Manning
Marshburn
Mattox
McAlpin
Mitchell, R. O.
Mitchell. Sam

Moody
Muldrew
O'Neill
Orr
Papy
Patton
Peacock
Peters
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Rowell, E. C.
Russ
Ryan
Saunders
Shaffer
Sheppard
Shipp

of the bill the

Smith, R. J.
Smith, S. C.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered imme-
diately certified to the Senate.
By Messrs. Papy and Porter of Monroe-
H. B. No. 34-X-A bill to be entitled An Act to empower
the boards of county commissioners in counties of the state
of Florida having a population of not less than 29,500 nor
more than 34,500 inhabitants according to the last official
census to regulate and restrict within territory particularly
described in said counties, not included in any municipality,
the height, number of stories and size of buildings and other
structures on land and water, the percentage of lot that may
be occupied, the size of yards, courts and other open spaces,
the density of population, the use of land for junk yards and
automobile trailer camps, the use of land or buildings in

Oct. 1, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

connection with or reference to nuisances and objectionable
noises, and the location and use of buildings, structures and
land for trade, industry, residence or other specific use of
the premises; providing for the division of such counties into
districts and within such districts to regulate and restrict the
erection and construction, alteration, repair or use of buildings;
providing for method of procedure; providing for remedies
and penalties for violation of this Act or of any order or resolu-
tion made under authority conferred hereby and conferring
upon the boards of county commissioners of said counties
power to provide for enforcement of this Act and to make
appropriation therefore, and the power to prescribe and enforce
regulations to effectuate the purposes of this Act; and repealing
all laws and parts of laws in conflict herewith to the extent
of said conflict, and providing when this Act shall take effect.
The Speaker ruled that the introduction and consideration
of House Bill No. 34-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Papy moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 34-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 34-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title.
Mr. Papy was given unanimous consent to now consider
House Bill No. 34-X.
Mr. Papy moved that the rules be waived and House Bill
No. 34-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 34-X was read a second time by title.
Mr. Papy moved that the rules be further waived and
House Bill No. 34-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 34-X was read a third time in full.

When the vote was taken
result was:
Yeas:
Mr. Speaker Harris
Alexander Hathaway
Anderson Hollahan
Arrington Hopkins
Askins Horne
Ayers Inman, J. C.
Barron Inman, W. M.
Bartholomew Johnson
Beasley Jones
Beck Karl
Carney Kimbrough
Chaires Lancaster
Cleveland Livingston
Costin Maness
Crews Mann
Cross Manning
Daniel Marshburn
Frederick Mattox
Gibbons McAlpin
Griffin,J.J.,Jr. Mitchell, R. O.
Grimes Mitchell, Sam
Yeas-81.
Nays-None.

on the passage of the bill the

Moody
Muldrew
Musselman
Orr
Papy
Patton
Peacock
Peters
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Rowell, E. C.
Russ
Ryan
Saunders
Shaffer
Sheppard
Shipp

Smith, R. J.
Smith, S. C.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
By Mr. Home of Leon-
H. B. No. 35-X-A bill to be entitled An Act providing for
the payment of mileage and per diem to certain members of
the House of Representatives in attendance of the 1957 Special
Session caucus held in Tallahassee and to members and chair-
men of authorized committees carrying on official duties in

Oct. 1, 1957

Tallahassee prior to convening of the Special Session of the
Legislature.
The Speaker ruled that the introduction and consideration
of House Bill No. 35-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Home moved that this House determine that it shall
transact the Legislative business of the introduction and
consideration of House Bill No. 35-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 35-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title.
Mr. Horne was given unanimous consent to now consider
House Bill No. 35-X.
Mr. Horne moved that the rules be waived and House
Bill No. 35-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 35-X was read a second time by title.
Mr. Horne moved that the rules be further waived and House
Bill No. 35-X be read a third time in full and placed upon
its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 35-X was read a third time in full.
When the vote was taken on the passage of the bill the
result was:

Yeas:
Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Barron
Bartholomew
Beasley
Beck
Blank
Carney
Chaires
Chappell
Cleveland
Costin
Crews
Cross
Daniel
Duncan
Nays:
Gibbons
Moody
Yeas-78
Nays- 6

"Frederick
Griffin,J.J.,Jr.
Grimes
Harris
Hathaway
Herrell
Hollahan
Hopkins
Horne
Inman, J. C.
Inman, W. M.
Johnson
Jones
Karl
Kimbrough
Lancaster
Livingston
Maness
Manning
Marshburn

Mattox
McAlpin
Mitchell, R. O.
Mitchell, Sam
Muldrew
Orr
Papy
Patton
Peavy
Peters
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Rowell, E. C.
Russ
Ryan
Saunders

Shaffer
Sheppard
Smith, R. J.
Smith, S. C.
Stewart, E. L.
Strickland
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

Musselman Stone
Peacock Surles

Mr. Musselman was given unanimous consent to change his
vote from "Nay" to "Yea".
So the bill passed, title as stated, and was ordered certified
to the Senate.
By Messrs. Smith of St. Lucie, Blank and Roberts of Palm
Beach, Vocelle of Indian River, Hollahan of Dade and Karl
of Volusia-
H. J. R. No. 36-X-A JOINT RESOLUTION PROPOSING
AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION
OF FLORIDA BY AMENDING SECTION 4 (b) TO READ AS
FOLLOWS:

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:

That the following amendment to Article III of the Consti-
tution of Florida be amended to read as follows:

38

JOURNAL OF THE HOUSE

Article III.
Section 4.
(b) House of representatives.-The representation in
the house of representatives shall be apportioned as follows:
(1) Five representatives for the most populous county;
(2) Four representatives for each of the next two most
populous counties;
(3) Three representatives for each of the next seven
most populous counties;
(4) Two representatives for each of the next eighteen
most populous counties; and
(5) One representative for each other county.
-was read the first time in full and referred to the Com-
mittee on Constitutional Amendments.
By Messrs. Duncan and Daniel of Lake-
H. B. No. 37-X-A bill to be entitled An Act amending
Chapter 30912, Acts of 1955, creating the position of librarian
for Lake County Law Library; amending Section 2 and provid-
ing an effective date.
The Speaker ruled that the introduction and consideration
of House Bill No. 37-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Duncan moved that this House determine that it shall
transact the Legislative business of the introduction and
consideration of House Bill No. 37-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 37-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title and ordered placed
on the Calendar of Local Bills.
By Messrs. O'Neill and Chappell of Marion, Rowell of Sum-
ter, Daniel and Duncan of Lake, Ayers of Hernando and Strick-
land of Citrus-
H. B. No. 38-X-A bill to be entitled An Act providing for
the appointment and salary of secretaries for each of the
circuit judges of the Fifth Judicial Circuit of Florida, embrac-
ing Citrus, Hernando, Lake, Marion and Sumter Counties,
and providing that a part of the salary of the secretary of
each judge shall be paid from the general revenue fund of
such counties in the proportion that the population of each
county bears to the total population of such circuit as deter-
mined by the last preceding State or Federal census, whichever
shall be later; making the same a county purpose; making an
annual appropriation therefore; repealing all laws in conflict
herewith; and providing an effective date.
The Speaker ruled that the introduction and consideration
of House Bill No. 38-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. O'Neill moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 38-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 38-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title and ordered placed
on the Calendar of General Bills of Local Application.
REPORTS OF STANDING COMMITTEES
October 1, 1957
Mr. Chappell of Marion, Chairman of the Committee on
Constitutional Amendments, reports that the Committee has
carefully considered the following joint resolution and recom-
mends that it pass as amended:
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Horne of Leon--

Oct. 1, 1957

by the President of the United States.
And House Concurrent Resolution No. 4-X, contained in the
above report, was laid on the table under the rule.

;E OF REPRESENTATIVES 39

H. J. R. No. 9-X-A Joint Resolution proposing revision of
Article I of the Constitution of the State of Florida.
which amendment reads as follows:
In Article I, Section 10 strike out the third sentence and
insert the following in lieu thereof: Benefits resulting from
improvements proposed to be made by an individual or a
private or public corporation, except a governmental corpora-
tion when acquiring a road right of way, shall not be applied
in reduction of compensation.
And House Joint Resolution No. 9-X, contained in the above
report, together with Committee amendment thereto, was
placed on the Calendar of Bills and Joint Resolutions for
Second Reading.
October 1, 1957
Mr. Chappell of Marion, Chairman of the Committee on
Constitutional Amendments, reports that the Committee has
carefully considered the following joint resolution and recom-
mends that it pass:
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Horne of Leon-
H. J. R. No. 8-X-A Joint Resolution proposing revision of
the preamble of the Constitution of the State of Florida:
And House Joint Resolution No. 8-X, contained in the above
report, was placed on the Calendar of Bills and Joint Reso-
lutions for Second Reading.
October 1, 1957
Mr. Williams of Pasco, Chairman of the Committee on
Resolutions & Memorials, reports that the Committee has
carefully considered the following memorial and recommends
that it not be adopted:
By Mr. Beck of Putnam-
H. M. No. 20-X-A Memorial to the Congress and the Presi-
dent of the United States of America urging them to enact
such legislation, or propose such amendments to the Consti-
tution of the United States, or both, as may be designed and
calculated to regulate the powers of the executive and judicial
authority of the United States.
And House Memorial No. 20-X, contained in the above re-
port, was laid on the table under the rule.
October 1, 1957
Mr. Williams of Pasco, Chairman of the Committee on
Resolutions & Memorials, reports that the Committee has
carefully considered the following concurrent resolution and
recommends that it not be adopted:
By Messrs. Beasley of Walton, Surles of Polk, Herrell of
Dade, Alexander of Liberty, Anderson of Jefferson, Arrington
of Gadsden, Askins of Nassau, Ayers of Hernando, Bartholomew
of Sarasota, Beck of Putnam, Chaires of Dixie, Chappell of
Marion, Cleveland of Seminole, Conner of Bradford, Crews of
Baker, Cross of Alachua, Daniel and Duncan of Lake, Gibbons
of Hillsborough, Griffin of Polk, Griffin of Osceola, Hollahan of
Dade, Hopkins of Escambia, Home of Leon, Inman of Gadsden,
Jones of Taylor, Kimbrough of Santa Rosa, Livingston of High-
lands, Mann of Hillsborough, Manning of Holmes, Marshburn
of Levy, Mattox of Polk, McAlpin of Hamilton, Mitchell of Leon,
Mitchell of Washington, Musselman of Broward, O'Neill of
Marion, Peacock of Jackson, Peavy of Madison, Petersen of
Pinellas, Pratt of Manatee, Putnal of Lafayette, Roberts of
Union, Roberts of Palm Beach, Roberts of Suwannee, Rowell of
Martin, Russ of Wakulla, Rowell of Sumter, Ryan of Broward,
Saunders of Clay, Shaffer of Pinellas, Shipp of Jackson, Smith
of DeSoto, Stewart of Hendry, Stone of Escambia, Strickland
of Citrus, Usina of St. Johns, Williams of Columbia, Williams
of Hardee, Williams of Pasco, Wise of Okaloosa, Zelmenovitz
of Okeechobee, Weinstein of St. Johns, Wadsworth of Flagler,
and Mrs. Patton of Franklin-
H. C. R. No. 4-X-A Concurrent Resolution condemning, de-
ploring and resenting the use of federal troops in the City of
Little Rock, Arkansas, and urging their immediate withdrawal

40 JOURNAL OF THE HOU

CONSIDERATION OF HOUSE GENERAL BILLS AND JOINT
RESOLUTIONS ON SECOND READING
H. J. R. No. 9-X-A Joint Resolution proposing revision of
Article I of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article I of
the Constitution of Florida is hereby agreed to and shall be
submitted to the electors of Florida for ratification or rejec-
tion at an election to be held as provided at this session of the
legislature, that is to say:
ARTICLE I
DECLARATION OF RIGHTS
Section 1. Political power-government.-All political pow-
er is inherent in the people. Government is instituted for their
protection, security, and benefit. They have the right to
regulate their government and to amend or repeal this con-
stitution. The enumeration herein of certain rights shall not
be construed to deny or impair others retained by the people.
Section 2. Equality-inalienable rights-property rights of
foreigners.-All persons, including foreigners eligible to be-
come citizens of the United States, are equal before the law
and have inalienable rights. Among these are the right to en-
joy life and liberty, to pursue happiness, to be rewarded for
industry, and to acquire, possess, and protect property; but
the legislature may regulate or prohibit the ownership, in-
heritance, disposition, or possession of real property by persons
ineligible for citizenship.
Section 3. Religious freedom.-The free exercise and en-
joyment of religious belief and worship shall never be abridged,
but this freedom shall not be construed to justify licentious-
ness or practices inconsistent with peace and safety. No person
shall be incompetent as a witness or ineligible for jury duty or
public office because of religious belief. No preference shall be
given by law to any religious denomination or mode of wor-
ship, and no public funds shall be granted directly or indirectly
in aid of any religious denomination or sectarian institution.
Section 4. Freedom of speech and press.-Every person
may freely speak, write, and publish his sentiments on any
subject, being responsible for the abuse of this right, and no
law shall restrain or abridge the freedom of speech or of
the press. The truth of the matter published and good motive
in publishing it shall constitute a complete defense in any
criminal or civil proceeding for defamation.
Section 5. Assembly-petition.-The people may assemble
peaceably to consult for the common good, may instruct their
representatives, and may petition for redress of grievances.
Section 6. Right to work-collective bargaining.-The right
of persons to work shall not be denied or abridged on account
of membership or non-membership in any labor union or labor
organization. This section shall not be construed to deny or
abridge the right of employees by and through a labor organi-
zation or labor union to bargain collectively with their em-
ployer.
Section 7. Right to bear arms.-Every person may keep
and bear arms in defense of his home, person, property, and
the lawful authority of the state, but the legislature may pre-
scribe the manner of bearing them.
Section 8. Searches and seizures.-The people shall be
secure in their persons, houses, papers, and effects against
unreasonable searches and seizures; and no warrant to search
any place or seize any person or thing shall issue except upon
oath or affirmation showing probable cause and particularly
describing the place to be searched and the person or thing
to be seized.
Section 9. Access to courts.-The courts shall be open to
every person for redress of any injury, and justice shall be
administered without sale, denial or delay.

Section 10. Condemnation preliminary taking.-Private
property shall not be taken without full compensation deter-
mined by a jury of twelve. Interim possession may be obtained
after commencement of suit upon securing payment by deposit
of money, an equitable part of which shall be released upon

4

Section 21. Effective date of this article.-This article is one
of a group of fourteen amendments proposed at the same ses-
sion of the legislature and submitted to the electors at the same
election, and it shall not become effective or a part of the con-
stitution unless the electors adopt simultaneously with this

SE OF REPRESENTATIVES Oct. 1, 1957

application of the party entitled. Benefits resulting from im-
provements proposed to be made by a private or public corpora-
tion or individual shall not be applied in reduction of com-
pensation. The legislature may provide for drainage of private
land over or through that of another upon payment of full
compensation.
Section 11. Attainder-ex post facto law-impairment of
contract.- No bill of attainder, ex post facto law, or law im-
pairing the obligation of contracts shall be passed.
Section 12. Indictment-information-plea-sentence.-No
person shall be tried for capital crime without presentment or
indictment by a grand jury, or for other felony without such
presentment or indictment or an information under oath filed
by the prosecuting officer of the court. A person charged with
any crime not capital may be arraigned and may plead thereto
in term or vacation, and the court may at any time pronounce
judgment and sentence on a plea of guilty.
Section 13. Habeas corpus.-The writ of habeas corpus shall
be granted as of right, promptly and without cost.
Section 14. Bail.-Until adjudged guilty, every person is
entitled to release on reasonable bail with sufficient surety
unless charged with a capital offense and the proof of guilt
is evident or the presumption is great.
Section 15. Jury trial rights of accused.-The right of
trial by jury in criminal and civil proceedings as heretofore
established shall be secured to all and remain inviolate.
In all criminal prosecutions the accused shall have the right
to demand the nature and cause of the accusation, to be
furnished with a copy of the charges, to have compulsory pro-
cess for attendance of witnesses in his favor, to be confronted
in any trial with the witnesses against him, to be heard in
person or by counsel or both, and to have a speedy, public,
and impartial trial by jury in the county where the crime was
committed, if such county is known. If such county is not
known, the indictment or information may charge venue in
two or more counties conjunctively and proof that the crime
was committed in such area shall be sufficient, but the accused
may before pleading elect the county in which to be tried. No
person shall be compelled to pay costs until convicted on final
trial.
No person shall be twice put in jeopardy for the same offense
or be compelled in any criminal case to be a witness against
himself, or be deprived of life, liberty, or property without
due process of law.
Section 16. Excessive fines-cruel punishment-attainder-
detention of witnesses.-Excessive fines, cruel or unusual pun-
ishment, attainder, indefinite imprisonment, and unreasonable
detention of witnesses are forbidden.
Section 17. Involuntary servitude-imprisonment for debt -
Involuntary servitude is prohibited except as punishment for
crime following conviction. No person shall be imprisoned for
debt without fraud.
Section 18. Penalties imposed by administrative agencies.-
No administrative agency shall impose a sentence of imprison-
ment. Any penalty imposed by an administrative agency shall
be prescribed by law and its imposition shall be subject to
judicial review by trial de novo, or otherwise as the legislature
may provide.
Section 19. Treason.-Treason against the state consists only
of levying war against it or of adhering to or aiding its
enemies; and no person shall be convicted thereof without con-
fession in open court or the testimony of two witnesses to the
same overt act.
Section 20. Military subordinate to civil--quartering.-The
military power is in strict subordinaton to the civil. No member
of the military shall be quartered on private property in time
of peace without the consent of the owner, and in time of war
all quartering shall be as prescribed by law.

JOURNAL OF THE HOUSE

article the amendments constituting respectively the Preamble
and Articles II, III, IV, and VI through XIV. This section is
an integral part of this article and the entire article shall be
invalid if this section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV of
the proposed revised constitution are such that it would be im-
practicable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become
effective unless the electors adopt each of said fourteen pro-
posed amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments at
the same election in such manner that each elector may by a
single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any one
of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-was taken up.
Mr. Chappell moved that House Joint Resolution No. 9-X be
read a second time in full.
The motion was agreed to and House Joint Resolution No.
9-X was read a second time in full.
Mr. Chappell moved that House Joint Resolution No. 9-X be
considered section by section.
The motion was agreed to and it was so ordered.
Section 1 of the joint resolution was taken up.
Section 1 of Article I was taken up.
There were no amendments offered to Section 1.
Section 2 of Article I was taken up.
There were no amendments offered to Section 2.
Section 3 of Article I was taken up.
There were no amendments offered to Section 3.
Section 4 of Article I was taken up.
There were no amendments offered to Section 4.
Section 5 of Article I was taken up.
There were no amendments offered to Section 5.
Section 6 of Article I was taken up.
There were no amendments offered to Section 6.
Section 7 of Article I was taken up.
There were no amendments offered to Section 7.
Section 8 of Article I was taken up.
There were no amendments offered to Section 8.
Section 9 of Article I was taken up.
There were no amendments offered to Section 9.
Section 10 of Article I was taken up.
The Committee on Constitutional Amendments offered the
following amendment to House Joint Resolution No. 9-X:

In Article I, Section 10, strike out the third sentence after
the section title and insert the following in lieu thereof: "Bene-
fits resulting from improvements proposed to be made by an

individual or a private or public corporation, except a govern-

Oct. 1, 1957

The motion was agreed to and the amendment was adopted.
Mr. Chappell moved that the rules be waived and House
Joint Resolution No. 9-X, as amended, be read a third time in
full and placed upon its passage.

5E OF REPRESENTATIVES 41

mental corporation when acquiring a road right of way, shall
not be applied in reduction of compensation."
Mr. Chappell moved the adoption of the amendment.
The motion was agreed to and the amendment was adopted.
Section 11 of Article I was taken up.
There were no amendments offered to Section 11.
Section 12 of Article I was taken up.
There were no amendments offered to Section 12.
Section 13 of Article I was taken up.
There were no amendments offered to Section 13.
Section 14 of Article I was taken up.
There were no amendments offered to Section 14.
Section 15 of Article I was taken up.
There were no amendments offered to Section 15.
Section 16 of Article I was taken up.
There were no amendments offered to Section 16.
Section 17 of Article I was taken up.
There were no amendments offered to Section 17.
Section 18 of Article I was taken up.
There were no amendments offered to Section 18.
Section 19 of Article I was taken up.
There were no amendments offered to Section 19.
Section 20 of Article I was taken up.
There were no amendments offered to Section 20.
Section 21 of Article I was taken up.
There were no amendments offered to Section 21.
Section 2 of the joint resolution was taken up.
There were no amendments offered to Section 2.
Section 3 of the joint resolution was taken up.
There were no amendments offered to Section 3.
Section 4 of the joint resolution was taken up.
There were no amendments offered to Section 4.
Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Horme of Leon offered the fol-
lowing amendment to House Joint Resolution N"o. 9-X:
Add the following section at the end of the joint resolution:
"Section 5. This joint resolution shall not become operative
unless and until House Joint Resolution No. 32-X and all of
said fourteen joint resolutions containing said fourteen pro-
posed amendments, whether originating in the senate or the
house of representatives, are adopted by each house of the
legislature."
Mr. Chappell moved the adoption of the amendment.
The motion was agreed to and the amendment was adopted.
Messrs. Cleveland of Seminole, Crews of Baker, Vocelle of
Indian River and Smith of St. Lucie offered the following
amendment to House Joint Resolution No. 9-X:
In Article I, Section 18, strike out: "By trial de novo, or
otherwise"
Mr. Cleveland moved the adoption of the amendment.

42 JOURNAL OF THE HOUSE

The motion was agreed to by a two-thirds vote and House
Joint Resolution No. 9-X, as amended, was read a third time
in full.
When the vote was taken on the passage of the joint resolu-
tion, which reads as follows:
H. J. R. No. 9-X-A Joint Resolution proposing revision of
Article I of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article I of
the Constitution of Florida is hereby agreed to and shall be
submitted to the electors of Florida for ratification or rejec-
tion at an election to be held as provided at this session of the
legislature, that is to say:
ARTICLE I
DECLARATION OF RIGHTS
Section 1. Political power-government.-All political pow-
er is inherent in the people. Government is instituted for their
protection, security, and benefit. They have the right to
regulate their government and to amend or repeal this con-
stitution. The enumeration herein of certain rights shall not
be construed to deny or impair others retained by the people.
Section 2. Equality-inalienable rights-property rights of
foreigners.- All persons, including foreigners eligible to be-
come citizens of the United States, are equal before the law
and have inalienable rights. Among these are the right to en-
joy life and liberty, to pursue happiness, to be rewarded for
industry, and to acquire, possess, and protect property; but
the legislature may regulate or prohibit the ownership, in-
heritence, disposition, or possession of real property by persons
ineligible for citizenship.
Section 3. Religious freedom.-The free exercise and en-
joyment of religious belief and worship shall never be abridged,
but this freedom shall not be construed to justify licentious-
ness or practices inconsistent with peace and safety. No person
shall be incompetent as a witness or ineligible for jury duty or
public office because of religious belief. No preference shall be
given by law to any religious denomination or mode of wor-
ship, and no public funds shall be granted directly or indirectly
in aid of any religious denomination or sectarian institution.
Section 4. Freedom of speech and press.-Every person
may freely speak, write, and publish his sentiments on any
subject, being responsible for the abuse of this right, and no
law shall restrain or abridge the freedom of speech or of
the press. The truth of the matter published and good motive
in publishing it shall constitute a complete defense in any
criminal or civil proceeding for defamation.
Section 5. Assembly-petition.-The people may assemble
peaceably to consult for the common good, may instruct their
representatives, and may petition for redress of grievances.
Section 6. Right to work-collective bargaining.-The right
of persons to work shall not be denied or abridged on account
of membership or non-membership in any labor union or labor
organization. This section shall not be construed to deny or
abridge the right of employees by and through a labor organi-
zation or labor union to bargain collectively with their em-
ployer.
Section 7. Right to bear arms.-Every person may keep
and bear arms in defense of his home, person, property, and
the lawful authority of the state, but the legislature may pre-
scribe the manner of bearing them.
Section 8. Searches and seizures.-The people shall be
secure in their persons, houses, papers, and effects against
unreasonable searches and seizures; and no warrant to search
any place or seize any person or thing shall issue except upon
oath or affirmation showing probable cause and particularly
describing the place to be searched and the person or thing
to be seized.

Section 9. Access to courts.-The courts shall be open to
every person for redress of any injury, and justice shall be
administered without sale, denial or delay.
Section 10. Condemnation preliminary taking.-Private

II

Section 20. Military subordinate to civil-quartering.-The
military power is in strict subordination to the civil. No member
of the military shall be quartered on private property in time
of peace without the consent of the owner, and in time of war
all quartering shall be as prescribed by law.
Section 21. Effective date of this article.-This article is one
of a group of fourteen amendments proposed at the same ses-

E OF REPRESENTATIVES Oct. 1, 1957

property shall not be taken without full compensation deter-
mined by a jury of twelve. Interim possession may be obtained
after commencement of suit upon securing payment by deposit
of money, an equitable part of which shall be released upon
application of the party entitled. Benefits resulting from im-
provements proposed to be made by an individual or a private
or public corporation, except a governmental corporation when
acquiring a road right of way, shall not be applied in reduc-
tion of compensation. The legislature may provide for drain-
age of private land over or through that of another upon pay-
ment of full compensation.
Section 11. Attainder-ex post facto law-impairment of
contract.-No bill of attainder, ex post facto law, or law im-
pairing the obligation of contracts shall be passed.
Section 12. Indictment-information-plea-sentence.-No
person shall be tried for capital crime without presentment or
indictment by a grand jury, or for other felony without such
presentment or indictment or an information under oath filed
by the prosecuting officer of the court. A person charged with
any crime not capital may be arraigned and may plead thereto
in term or vacation, and the court may at any time pronounce
judgment and sentence on a plea of guilty.
Section 13. Habeas corpus.-The writ of habeas corpus shall
be granted as of right, promptly and without cost.
Section 14. Bail.-Until adjudged guilty, every person is
entitled to release on reasonable bail with sufficient surety
unless charged with a capital offense and the proof of guilt
is evident or the presumption is great.
Section 15. Jury trial rights of accused.-The right of
trial by jury in criminal and civil proceedings as heretofore
established shall be secured to all and remain inviolate.
In all criminal prosecutions the accused shall have the right
to demand the nature and cause of the accusation, to be
furnished with a copy of the charges, to have compulsory pro-
cess for attendance of witnesses in his favor, to be confronted
in any trial with the witnesses against him, to be heard in
person or by counsel or both, and to have a speedy, public,
and impartial trial by jury in the county where the crime was
committed, if such county is known. If such county is not
known, the indictment or information may charge venue in
two or more counties conjunctively and proof that the crime
was committed in such area shall be sufficient, but the accused
may before pleading elect the county in which to be tried. No
person shall be compelled to pay costs until convicted on final
trial.
No person shall be twice put in jeopardy for the same offense,
or be compelled in any criminal case to be a witness against
himself, or be deprived of life, liberty, or property without
due process of law.
Section 16. Excessive fines-cruel punishment-attainder-
detention of witnesses.-Excessive fines, cruel or unusual pun-
ishment, attainder, indefinite imprisonment, and unreasonable
detention of witnesses are forbidden.
Section 17. Involuntary servitude-imprisonment for debt.-
Involuntary servitude is prohibited except as punishment for
crime following conviction. No person shall be imprisoned for
debt without fraud.
Section 18. Penalties imposed by administrative agencies.-
No administrative agency shall impose a sentence of imprison-
ment. Any penalty imposed by an administrative agency shall
be prescribed by law and its imposition shall be subject to
judicial review as the legislature may provide.
Section 19. Treason.-Treason against the state consists only
of levying war against it or of adhering to or aiding its
enemies; and no person shall be convicted thereof without con-
fession in open court or the testimony of two witnesses to the
same overt act.

JOURNAL OF THE HOU

sion of the legislature and submitted to the electors at the same
election, and it shall not become effective or a part of the con-
stitution unless the electors adopt simultaneously with this
article the amendments constituting respectively the Preamble
and Articles II, III, IV, and VI through XIV. This section is
an integral part of this article and the entire article shall be
invalid if this section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV of
the proposed revised constitution are such that it would be im-
practicable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become
effective unless the electors adopt each of said fourteen pro-
posed amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments at
the same election in such manner that each elector may by a
single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any one
of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
Section 5. This joint resolution shall not become operative
unless and until House Joint Resolution No. 32-X and all of
said fourteen joint resolutions containing said fourteen pro-
posed amendments, whether originating in the senate or the
house of representatives, are adopted by each house of the
legislature.
-the result was:
Yeas:
Mr. Speaker Harris Mitchell, Sam Shaffer
Alexander Hathaway Moody Sheppard
Anderson Herrell Muldrew Shipp
Askins Hollahan Musselman Smith, S. C.
Ayers Hopkins O'Neill Stewart, E. L.
Barron Horne Orr Stone
Beasley Inman, J. C. Papy Strickland
Beck Inman, W. M. Patton Surles
Blank Johnson Peavy Sweeny
Chaires Jones Peters Usina
Chappell Karl Petersen Vocelle
Cleveland Kimbrough Porter Wadsworth
Costin Lancaster Pratt Weinstein
Crews Livingston Putnal Williams. B.D.
Daniel Maness Roberts, C. A. Williams, G.W.
Duncan Mann Roberts, E. S. Williams,J.R.A.
Frederick Manning Rowell, E. C. Wise
Gibbons Marshburn Russ Youngberg
Griffin,J.J.,Jr. Mattox Ryan
Grimes Mitchell, R. O. Saunders
Nays:
Carney Peacock
Yeas-78
Nays-2
Messrs. Cross and Smith of St. Lucie were given unanimous
consent to be recorded as voting "Yea."
So the joint resolution passed, as amended, by the required
Constitutional three-fifths vote of all Members elected to the
House of Representatives for the 1957 Extraordinary Session of
the Florida Legislature and was ordered engrossed.

Mr. Hopkins moved that the House reconsider the vote by
which House Joint Resolution No. 9-X passed, as amended,
and requested that the motion be left pending.
H. J. R. No. 8-X-A Joint Resolution proposing revision of

the preamble of the Constitution of the State of Florida:

Oct. 1, 1957

When the vote was taken on the passage of the joint reso-
lution, which reads as follows:
H. J. R. No. 8-X-A Joint Resolution proposing revision of
the preamble of the Constitution of the State of Florida:

SE OF REPRESENTATIVES 43

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of the Preamble
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or
rejection at an election to be held as provided at this session
of the legislature, that is to say:
PREAMBLE
We, the people of the State of Florida, being grateful to
Almighty God for our constitutional liberty, in order to secure
its blessings and to form a more perfect government, insuring
domestic tranquillity, maintaining public order, and guaran-
teeing equal civil and political rights to all, do ordain and
establish this constitution.
This Preamble is one of a group of fourteen amendments
proposed at the same session of the legislature and submitted
to the electors at the same election, and it shall not become
effective or a part of the constitution unless the electors adopt
simultaneously withth is Preamble the amendments consti-
tuting respectively Articles I through IV and VI through XIV.
This paragraph is an integral part of this Preamble and the
entire Preambleshall be invalid if this paragraph is held
invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional provi-
sions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV of
the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become effec-
tive unless the electors adopt each of said fourteen proposed
amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may by
a single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any one
of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
"come effective. This entire resolution shall not become effective
if any portion thereof is held invalid.
-was taken up.
Mr. Chappell moved that House Joint Resolution No. 8-X
be read a second time in full.
The motion was agreed to and House Joint Resolution No.
8-X was read a second time in full.
Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Horne of Leon offered the fol-
lowing amendment to House Joint Resolution No. 8-X:
Add the following section at the end of the joint resolution:
"Section 5. This joint resolution shall not become opera-
tive unless and until House Joint Resolution No. 32-X and all
of said fourteen joint resolutions containing said fourteen
proposed amendments, whether originating in the senate or
the house of representatives, are adopted by each house of
the legislature."
Mr. Chappell moved the adoption of the amendment.
The motion was agreed to and the amendment was adopted.
Mr. Chappell moved that the rules be waived and House
Joint Resolution No. 8-X, as amended, be read a third time
in full and placed upon its passage.
The motion was agreed to by a two-thirds vote, and House
Joint Resolution No. 8-X was read a third time in full.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of the Preamble
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or
rejection at an election to be held as provided at this session
of the legislature, that is to say:
PREAMBLE
We, the people of the State of Florida, being grateful to
Almighty God for our constitutional liberty, in order to secure
its blessings and to form a more perfect government, insuring
domestic tranquility, maintaining public order, and guaran-
teeing equal civil and political rights to all, do ordain and
establish this constitution.
This Preamble is one of a group of fourteen amendments
proposed at the same session of the legislature and submitted
to the electors at the same election, and it shall not become
effective or a part of the constitution unless the electors adopt
simultaneously with this Preamble the amendments consti-
tuting respectively Articles I through IV and VI through XIV.
This paragraph is an integral part of this Preamble and the
entire Preamble shall be invalid if this paragraph is held
invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional provi-
sions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV of
the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become effec-
tive unless the electors adopt each of said fourteen proposed
amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may by
a single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any one
of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effective
if any portion thereof is held invalid.
Section 5. This joint resolution shall not become opera-
tive unless and until House Joint Resolution No. 32-X and
all of said fourteen joint resolutions containing said fourteen
proposed amendments, whether originating in the senate or
the house of representatives, are adopted by each house of
the legislature.
-the result was:
Yeas:

Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Barron
Bartholomew
Beasley
Beck
Blank
Carney
Chaires
Chappell
Cleveland
Costin
Crews
Cross
Daniel
Duncan
Frederick
Gibbons

Griffin,J.J.,Jr.
Grimes
Harris
Hathaway
Herrell
Hollahan
Hopkins
Horne
Inman, J. C.
Inman, W. M.
Johnson
Jones
Karl
Kimbrough
Lancaster
Livingston
Maness
Mann
Manning
Marshburn
Mattox
Mitchell, R. O.

Mitchell, Sam
Moody
Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peacock
Peters
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Rowell, E. C.
Russ
Ryan
Saunders
Shaffer
Sheppard

Shipp
Smith, R. J.
Smith, S. C.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

Oct. 1, 1957

Yeas-85.
Nays--None.
So the joint resolution passed, as amended, by the required
Constitutional three-fifths vote of all Members elected to the
House of Representatives for the 1957 Extraordinary Session
of the Florida Legislature and was ordered engrossed.
Mr. Beasley moved that the rules be waived and the House
revert to the order of Consideration of Messages from the
Senate.
The motion was agreed to by a two-thirds vote, and it was
so ordered.
CONSIDERATION OF MESSAGES FROM THE SENATE
The following messages from the Senate were received and
read:
Tallahassee, Florida,
October 1, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed by the required consti-
tutional three-fifths vote of all members elected to the Senate
for the 1957 Extraordinary Session of the Florida Legislature-
By Senators Johnson, Rawls, Davis and Adams-
Senate Joint Resolution No. 17-X(57)-
A JOINT RESOLUTION PROPOSING REVISION OF THE
PREAMBLE OF THE CONSTITUTION OF THE STATE OF
FLORIDA.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of the Preamble
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or re-
jection at an election to be held as provided at this session of
the legislature, that is to say:
PREAMBLE
We, the people of the State of Florida, being grateful to
Almighty God for our constitutional liberty, in order to se-
cure its blessings and to form a more perfect government, in-
suring domestic tranquillity, maintaining public order, and
guaranteeing equal civil and political rights to all, do ordain
and establish this constitution.
This Preamble is one of a group of fourteen amendments
proposed at the same session of the legislature and submitted to
the electors at the same election, and it shall not become ef-
fective or a part of the constitution unless the electors adopt
simultaneously with this Preamble the amendments consti-
tuting respectively Articles I through IV and VI through XIV.
This paragraph is an integral part of this Preamble and the
entire Preamble shall be invalid if this paragraph is held
invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become effec-
tive unless the electors adopt each of said fourteen proposed
amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may
by a single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the

alternative, cast his vote for approval or rejection of any one
of them.

44

JOURNAL OF THE HOUSE

Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Joint Resolution No. 17-X, contained in the
above message, was read the first time in full and referred
to the Committee on Constitutional Amendments.
Tallahassee, Florida,
October 1, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed-
By the required constitutional three-fifths vote of all mem-
bers elected to the Senate for the 1957 Extraordinary Session
of the Florida Legislature:
By Senators Johnson, Rawls, Davis and Adams-
Senate Joint Resolution No. 5-X(57):
A JOINT RESOLUTION PROPOSING REVISION OF ARTI-
CLE I OF THE CONSTITUTION OF THE STATE OF FLOR-
IDA.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article I of
the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or
rejection at an election to be held as provided at this ses-
sion of the legislature, that is to say:
ARTICLE I
DECLARATION OF RIGHTS
Section 1. Political power government.-All political
power is inherent in the people. Government is instituted
for their protection, security, and benefit. They have the
right to regulate their government and to amend or re-
peal this constitution. The enumeration herein of certain
rights shall not be construed to deny or impair others re-
tained by the people.
Section 2. Equality inalienable rights property rights
of foreigners.-All persons, including foreigners eligible to
become citizens of the United States, are equal before the
law and have inalienable rights. Among these are the right
to enjoy life and liberty, to pursue happiness, to be re-
warded for industry, and to acquire, possess, and protect
property; but the legislature may regulate or prohibit the
ownership, inheritance, disposition, or possession of real
property by persons ineligible for citizenship.
Section 3. Religious freedom.-The free exercise and en-
joyment of religious belief and worship shall never be
abridged, but this freedom shall not be construed to justify
licentiousness or practices inconsistent with peace and
safety. No person shall be incompetent as a witness or in-
eligible for jury duty or public office because of religious
belief. No preference shall be given by law to any religious
denomination or mode of worship, and no public funds shall
be granted directly or indirectly in aid of any religious
denomination or sectarian institution.
Section 4. Freedom of speech and press.-Every person
may freely speak, write, and publish his sentiments on any
subject, being responsible for the abuse of this right, and no
law shall restrain or abridge the freedom of speech or of
the press. The truth of the matter published and good motive
in publishing it shall constitute a complete defense in any
criminal or civil proceeding for defamation.

Oct. 1, 1957

No person shall be twice put in jeopardy for the same of-
fense, or be compelled in any criminal case to be a witness
against himself, or be deprived of life, liberty, or property
without due process of law.

E OF REPRESENTATIVES 45

Section 5. Assembly petition.- The people may assemble
peaceably to consult for the common good, may instruct their
representatives, and may petition for redress of grievances.

Section 6. Right to work-collective bargaining.-The right
of persons to work shall not be denied or abridged on ac-
count of membership or non-membership in any labor union
or labor organization. This section shall not be construed to
deny or abridge the right of employees by and through a
labor organization or labor union to bargain collectively with
their employer.
Section 7. Right to bear arms.-Every person may keep
and bear arms in defense of his home, person, property,
and the lawful authority of the state, but the legislature
may prescribe the manner of bearing them.
Section 8. Searches and seizures.-The people shall be
secure in their persons, houses, papers, and effects against
unreasonable searches and seizures; and no warrant to
search any place or seize any person or thing shall issue
except upon oath or affirmation showing probable cause and
particularly describing the place to be searched and the person
or thing to be seized.
Section 9. Access to courts.-The courts shall be open to
every person for redress of any injury, and justice shall be
administered without sale, denial or delay.
Section 10. Condemnation preliminary taking.- Private
property shall not be taken without full compensation deter-
mined by a jury of twelve. Interim possession may be ob-
tained after commencement of suit upon securing payment by
deposit of money, an equitable part of which shall be released
upon application of the party entitled. Benefits resulting from
improvements proposed to be made by a private or public
corporation or individual shall not be applied in reduction of
compensation. The legislature may provide for drainage of
private land over or through that of another upon payment
of full compensation.
Section 11. Attainder-ex post facto law-impairment of
contract.-No bill of attainder, ex post facto law, or law im-
pairing the obligation of contracts shall be passed.
Section 12. Indictment-information-plea-sentence.-No
person shall be tried for capital crime without presentment
or indictment by a grand jury, or for other felony without
such presentment or indictment or an information under oath
filed by the prosecuting officer of the court. A person charged
with any crime not capital may be arraigned and may plead
thereto in term or vacation, and the court may at any time
pronounce judgment and sentence on a plea of guilty.
Section 13. Habeas corpus.-The writ of habeas corpus shall
be granted as of right, promptly and without cost.
Section 14. Bail.-Until adjudged guilty, every person is
entitled to release on reasonable bail with sufficient surety
unless charged with a capital offense and the proof of guilt
is evident or the presumption is great.

Section 15. Jury trial-rights of accused.-The right of trial
by jury in criminal and civil proceedings as heretofore es-
tablished shall be secured to all and remain inviolate.
In all criminal prosecutions the accused shall have the right
to demand the nature and cause of the accusation, to be fur-
nished with a copy of the charges, to have compulsory process
for attendance of witnesses in his favor, to be confronted in
any trial with the witnesses against him, to be heard in person
or by counsel or both, and to have a speedy, public, and im-
partial trial by jury in the county where the crime was com-
mitted, if such county is known. If such county is not known,
the indictment or information may charge venue in two or
more counties conjunctively and proof that the crime was
committed in such area shall be sufficient, but the accused
may before pleading elect the county in which to be tried.
No person shall be compelled to pay costs until convicted on
final trial.

46

Section 16. Excessive fines-cruel punishment-attainder-
detention of witnesses.-Excessive fines, cruel or unusual pun-
ishment, attainder, indefinite imprisonment, and unreasonable
detention of witnesses are forbidden.
Section 17. Involuntary servitude-imprisonment for debt.
-Involuntary servitude is prohibited except as punishment for
crime following conviction. No person shall be imprisoned for
debt without fraud.
Section 18. Penalties imposed by administrative agencies.-
No administrative agency shall impose a sentence of imprison-
ment. Any penalty imposed by an administrative agency shall
be prescribed by law and its imposition shall be subject to
judicial review by trial de novo, or otherwise as the legislature
may provide.
Section 19. Treason.-Treason against the state consists
only of levying war against it or of adhering to or aiding its
enemies; and no person shall be convicted thereof without con-
fession in open court or the testimony of two witnesses to the
same overt act.
Section 20. Military subordinate to civil-quartering.-The
military power is in strict subordination to the civil. No mem-
ber of the military shall be quartered on private property in
time of peace without the consent of the owner, and in time
of war all quartering shall be as prescribed by law.
Section 21. Effective date of this article.-This article is
one of a group of fourteen amendments proposed at the same
session of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part of
the constitution unless the electors adopt simultaneously with
this article the amendments constituting respectively the Pre-
amble and Articles II, III, IV, and VI through XIV. This sec-
tion is an integral part of this article and the entire article
shall be invalid if this section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional provi-
sions contained in the fourteen joint resolutions constitut-
ing the Preamble and Articles I through IV and VI through
XIV of the proposed revised constitution are such that it
would be impracticable to have the provisions of any of them
become operative unless all of them are presented at the
same election and are adopted threat, and that the consti-
tutional amendment proposed in this joint resolution should
not become effective unless the electors adopt each of said
fourteen proposed amendments at the same election.
Section 3. The secretary of state is directed to prepare bal-
lots for voting upon said fourteen proposed amendments at
the same election in such manner that each elector may by
a single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any one
of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not
become effective. This entire resolution shall not become
effective if any portion thereof is held invalid.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Joint Resolution No. 5-X, contained in the above
message, was read the first time in full and referred to the
Committee on Constitutional Amendments.

Tallahassee, Florida

October 1, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:

I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed by the required Consti-
tutional three-fifths vote of all members elected to the Senate

for the 1957 extraordinary session of the Florida Legislature.

Oct. 1, 1957

By Senators Johnson, Rawls, Davis and Adams-
Senate Joint Resolution No. 8-X(57):
A Joint Resolution proposing revision of Article VI of the
Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article VI
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or
rejection at an election to be held as provided at this ses-
sion of the legislature, that is to say:
ARTICLE VI
SUIMFRAGE AND ELECTIONS
Section 1. Secret vote direct vote choice by plurality -
regulation of elections. Unless otherwise provided herein,
all elections by the people shall be by secret and direct vote
and shall be determined by a plurality of the votes cast.
The conduct of elections, requirements for absentee voting,
methods of voting, determination of election returns, and
procedure in election contests shall be prescribed by law.
Recognition, regulation, and nominating procedure of political
parties shall be provided by law.
Section 2. Electors qualifications registration.- Every
citizen of the United States who is twenty-one years of age,
and who immediately preceding registration has been a perma-
nent resident for one year in the state and for six months
in the county in which he applies to register, shall upon
registering be a qualified elector of such county at all elections
under this constitution. The legislature shall provide for
registration of all electors, and may provide for registration of
electors outside the territorial limits of the state, and no person
may vote unless registered according to law. A naturalized citi-
zen shall exhibit his certificate of naturalization or a duly
certified copy thereof to the registration officer when applying
for registration.
Section 3. Oath of electors.-Each elector shall take the
following oath upon registering: "I do solemnly swear [or
affirm] that I will protect and defend the Constitution of the
United States and the Constitution of the State of Florida,
that I am twenty-one years of age, that I have been a resident
of the State of Florida for one year and of the county for six
months, and that I am qualified to vote under the Constitution
and laws of the State of Florida."
Section 4. Disqualifications. No person convicted in this
state of a felony, or elsewhere convicted of a crime that would
constitute a felony if committed in this state, or judicially
determined to be of unsound mind, or under judicial guardian-
ship because of mental disability, shall be qualified to vote
or hold public office until his civil rights are restored or his
disability removed.
Section 5. General and special elections. A general elec-
tion shall be held in each county on the first Tuesday after
the first Monday in November of each even-numbered year
to choose a successor to each elective state or county officer
whose term will expire before the next general election and,
except as provided herein, to fill each vacancy in elective
office for the unexpired portion of the term. The month and
day of general elections may be changed by law.
Special elections and referenda shall be held at the time
and in the manner provided by law.
Section 6. Effective date of this article. This article is
one of a group of fourteen amendments proposed at the same
session of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part of
the constitution unless the electors adopt simultaneously with
this article the amendments constituting respectively the Pre-
amble and Articles I through IV and VII through XIV. This
section is an integral part of this article and the entire arti-
cle shall be invalid if this section is held invalid.

Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions consti-

JOURNAL OF THE HOUSE OF REPRESENTATIVES

tuting the Preamble and Articles I through IV and VI through
XIV of the proposed revised constitution are such that it
would be impracticable to have the provisions of any of them
become operative unless all of them are presented at the same
election and are adopted threat, and that the constitutional
amendment proposed in this joint resolution should not be-
come effective unless the electors adopt each of said fourteen
proposed amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may
by a single vote cast his vote for approval or rejection of all
of them and also in such manner that each elector may, in
the alternative, cast his vote for approval or rejection of any
one of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not
become effective. This entire resolution shall not become
effective if any portion thereof is held invalid.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
And Senate Joint Resolution No. 8-X, contained in the
above message, was read the first time in full and referred
to the Committee on Constitutional Amendments.
Tallahassee, Florida,
October 1, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.

Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-

By Senator Beall-
S. B. No. 16-X(57)-A bill to be entitled An Act relating to
eating and drinking establishments in and for all counties in
the State of Florida having a population of not less than one
hundred thousand (100,000) and not more than one hundred
fourteen thousand (114,000) inhabitants, according to the
last official state-wide decennial census; amending Section 3,
Chapter 27047, Acts of 1951, relating to fees for laboratory
tests and physical examinations; and providing an effective
date.

Also-

Admitted for introduction and consideration by two-thirds
vote and passed-

By Senator Carlton-

S B. No. 18-X(57)-A bill to be entitled An Act relating to
the compensation of the county judge and the clerk of the cir-
cuit court in all counties of the State of Florida having a popu-
lation of not less than ten thousand (10,000), and not more
than ten thousand one hundred (10,100) according to the
latest official state-wide decennial census; providing that such
county judges and clerks of the circuit court shall each receive
for their official services compensation in the sum of seven
thousand five hundred dollars ($7,500.00) annually; providing
for payment thereof from the whole or part of the fees and
commissions collected by each such officer; providing for pay-
ment of such compensation when fees or commissions are in-
sufficient in any year to pay the same, and providing that this
Act shall, insofar as the same is in conflict with Section 145.01,
Florida Statutes, supersede the same; providing an effective
date.

-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,

Secretary of the Senate.

47

The Speaker ruled that the introduction and consideration
of Senate Bill No. 16-X, contained in the above message,
would constitute Legislative business other than that for which
the Legislature was especially convened.
Mr. Hopkins moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Bill No. 16-X.
The motion was agreed to by the required Constitutional two-
thirds vote, and Senate Bill No. 16-X was admitted for in-
troduction and consideration by the House.
The bill was read the first time by title.
Mr. Hopkins was given unanimous consent to now consider
Senate Bill No. 16-X.
Mr. Hopkins moved that the rules be waived and Senate
Bill No. 16-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 16-X was read a second time by title.
Mr. Hopkins moved that the rules be further waived and
Senate Bill No. 16-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 16-X was read a third time in full.
When the vote was taken on the passage of the bill the
result was:

Yeas:
Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Beasley
Beck
Blank
Chaires
Chappell
Cleveland
Costin
Cross
Duncan
Frederick
Gibbons
Griffin,J.J.,Jr.
Grimes
Hathaway

Herrell
Hopkins
Horne
Inman, J. C.
Inman, W. M.
Johnson
Jones
Karl
Kimbrough
Lancaster
Livingston
Maness
Mann
Manning
Mattox
Mitchell, R. O.
Mitchell, Sam
Moody
Musselman
O'Neill

Orr
Papy
Patton
Peacock
Peavy
Peters
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Rowell, E. C.
Russ
Ryan
Saunders
Shaffer
Sheppard
Shipp
Smith, R. J.

Smith, S. C.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

Yeas-77.
Nays-None.
So the bill passed, title as stated, and was ordered imme-
diately certified to the Senate.
The Speaker ruled that the introduction and consideration
of Senate Bill No. 18-X, contained in the above message, would
constitute Legislative business other than that for which the
Legislature was especially convened.
Mr. Williams of Hardee moved that this House determine
that it shall transact the Legislative business of the introduc-
tion and consideration of Senate Bill No. 18-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 18-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title.
Mr. Williams of Hardee was given unanimous consent to
now consider Senate Bill No. 18-X.
Mr. Williams of Hardee moved that the rules be waived and
Senate Bill No. 18-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 18-X was read a second time by title.
Mr. Williams of Hardee moved that the rules be further

Oct. 1, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

waived and Senate Bill No. 18-X be read a third time in full
and placed upon its passage.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 18-X was read a third time in full.

When the vote was taken
result was:
Yeas:
Mr. Speaker Grimes
Alexander Hathaway
Anderson Herrell
Arrington Hopkins
Askins Home
Ayers Inman, J. C.
Bartholomew Inman, W. M.
Beasley Johnson
Beck Jones
Blank Karl
Carney Lancaster
Chaires Livingston
Chappell Maness
Cleveland Mann
Costin Manning
Cross Mattox
Duncan Mitchell, R. O.
Frederick Mitchell, Sam
Gibbons Moody
Grlffin,J.J.,Jr. Musselman
Yeas-78.
Nays-None.

on the passage of the bill the

O'Neill
Orr
Papy
Patton
Peacock
Peavy
Peters
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Rowell, E. C.
Russ
Ryan
Saunders
Shaffer
Sheppard
Shipp

Smith, R. J.
Smith, S. C.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
Tallahassee, Florida,
October 1, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-
By Senator Carraway-
S. B. No. 20-X(57)-A Bill to be entitled An Act amending
Section 4 of Chapter 24,914, Laws of Florida, Acts of 1947, the
Same Being Entitled "An Act Authorizing the City of Tallahas-
see to Enlarge and Extend Its Electric Plant and Distribution
System, Authorizing the Issuance of Certificates of Indebt-
edness to Pay Therefor, Authorizing the City to do All Things
Necessary or Incidental to the Enlargement, Extension and
Operation of Such Electric Plant and Distribution System and
the Issuance of Such Certificates of Indebtedness, Providing
for the Payment of Such Certificates Solely from the Net
Revenues to be Derived from the Operation of Said Plant and
System, Authorizing the Refunding of Certain Outstanding
Certificates of Indebtedness, and Providing Remedies in the
Event of a Default by the City," Relating to the Issuance
of Certificates of Indebtedness by the City of Tallahassee for
the Purpose of Enlarging and Extending Its Electric Plant
and Distribution System, by Providing that the Maximum In-
terest Rate That Such Certificates of Indebtedness May Bear
Shall be Increased from the Rate of Four Per Centum (4%)
Per Annum to Six Per Centum (6%) Per Annum.
Proof of publication attached.
Also
Admitted for introduction and consideration by two-thirds
vote and passed-
By Senator Beall-
S. B. No. 21-X(57)-A Bill to be entitled "An Act amending
Section 2.F of Chapter 57-1310 of the Florida Statutes relating
to Escambia County Water Development Authority, so as to
eliminate the part thereof that provides that no water supply
facility as therein defined shall be constructed or operated

Oct. 1, 1957

in such a manner as to subject the said authority to the juris-
diction of the federal power commission under the provisions
of title 16, Section 797, United States Code."
Proof of publication attached.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
The Speaker ruled that the introduction and consideration
of Senate Bill No. 20-X, contained in the above message, would
constitute Legislative business other than that for which the
Legislature was especially convened.
Mr. Mitchell of Leon moved that this House determine that
it shall transact the Legislative business of the introduction
and consideration of Senate Bill No. 20-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 20-X was admitted for
introduction and consideration by the House.
Proof of publication of Notice attached to Senate Bill No.
20-X.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
The bill was read the first time by title.
Mr. Mitchell of Leon was given unanimous consent to now
consider Senate Bill No. 20-X,
Mr. Mitchell of Leon moved that the rules be waived and
Senate Bill No. 20-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 20-X was read a second time by title.
Mr. Mitchell of Leon moved that the rules be further waived
and Senate Bill No. 20-X be read a third time in full and
placed upon its passage.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 20-X was read a third time in full.

When the vote was taken
result was:

Yeas:
Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Bartholomew
Beasley
Beck
Blank
Carney
Chaires
Chappell
Cleveland
Costin
Daniel
Duncan
Frederick
Gibbons
Griffin,J.J.,Jr.
Yeas-78.

Grimes
Hathaway
Herrell
Hopkins
Horne
Inman, J. C.
Inman, W. M.
Johnson
Jones
Karl
Kimbrough
Lancaster
Livingston
Maness
Mann
Manning
Marshburn
Mattox
Mitchell, R. 0.
Mitchell, Sam

on the passage of the bill the

Moody
Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peacock
Peavy
Peters
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Rowell, E. C.
Russ
Ryan
Saunders

Shaffer
Sheppard
Shipp
Smith, R. J.
Smith, S. C.
Stone
Strickland
Surles
Sweeny
Vocelle
Wadsworth
Walker
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

Nays-None.

So the bill passed, title as stated, and was ordered imme-
diately certified to the Senate.

The Speaker ruled that the introduction and consideration
of Senate Bill No. 21-X, contained in the above message,
would constitute Legislative business other than that for
which the Legislature was especially convened.

48

Mr. Stone moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Bill No. 21-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 21-X was admitted for
introduction and consideration by the House.
Proof of publication of Notice attached to Senate Bill No.
21-X.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
The bill was read the first time by title.
Mr. Stone was given unanimous consent to now consider
Senate Bill No. 21-X.
Mr. Stone moved that the rules be waived and Senate Bill
No. 21-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 21-X was read a second time by title.
Mr. Stone moved that the rules be further waived and Senate
Bill No. 21-X be read a third time in full and placed upon its
passage.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 21-X was read a third time in full.

When the vote was taken
result was:
Yeas:
Mr. Speaker Hollahan
Alexander Hopkins
Anderson Horne
Arrington Inman, J. C.
Askins Inman, W. M.
Bartholomew Johnson
Beasley Jones
Beck Karl
Blank Kimbrough
Carney Lancaster
Chaires Maness
Chappell Mann
Daniel Manning
Duncan Marshburn
Gibbons Mattox
Griffin,J.J.,Jr. Mitchell, R. O.
Grimes Mitchell, Sam
Harris Moody
Hathaway Muldrew
Herrell Musselman
Yeas-77
Nays-None

on the passage of the bill the

O'Neill
Orr
Papy
Patton
Peacock
Peavy
Peters
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Rowell, E. C.
Russ
Ryan
Saunders
Shaffer
Sheppard
Shipp

Smith, R. J.
Smith, S. C.
Stone
Strickland
Surles
Sweeny
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
Tallahassee, Florida,

October 1, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.

Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-
By Messrs. Hopkins and Stone of Escambia-
H. B. No. 19-X-a bill to be entitled An Act amending sub-
section (f) of section 4 of chapter 57-1313, laws of Florida,
special acts of 1957, relating to the construction, operation and
maintenance of public utilities in Escambia county by exempt-
ing from the provisions of said subsection (f) any public utility
operating under the jurisdiction of the Florida Railroad and
Public Utilities Commission.

49

Proof of Publication attached.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
Tallahassee, Florida,
October 1, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-
By Mr. Chaires of Dixie-
H. B. No. 7-X-A bill to be entitled An Act authorizing the
Boards of county commissioners of the counties of this state
having a population of not less than three thousand four hun-
dred and ninety (3,490) and not more than four thousand two
hundred and sixty (4,260) according to the last decennial
federal census, to use county funds and to furnish, when and
as required, lands, easements rights-of-way and spoil dis-
posal areas, in connection with projects for establishing, im-
proving or expanding public navigation facilities in their coun-
ty, by the United States or any of its agencies, and in provid-
ing and maintaining, without cost to the United States, ade-
quate public mooring facilities and utilities, including land-
ings with suitable supply facilities, open to all on equal terms.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
And House Bills Nos. 19-X and 7-X, contained in the above
messages, were ordered enrolled.
CONSIDERATION OF HOUSE GENERAL BILLS OF
LOCAL APPLICATION ON SECOND READING
H. B. No. 38-X-A bill to be entitled An Act providing for
the appointment and salary of secretaries for each of the
circuit judges of the Fifth Judicial Circuit of Florida, embrac-
ing Citrus, Hernando, Lake, Marion and Sumter Counties,
and providing that a part of the salary of the secretary of
each judge shall be paid from the general revenue fund of
such counties in the proportion that the population of each
county bears to the total population of such circuit as deter-
mined by the last preceding State or Federal census, whichever
shall be later; making the same a county purpose; making an
annual appropriation therefore; repealing all laws in conflict
herewith; and providing an effective date.
-was taken up.
Mr. O'Neill moved that the rules be waived and House
Bill No. 38-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 38-X was read a second time by title.
Mr. O'Neill moved that the rules be further waived and
House Bill No. 38-X be read a third time in full and placed
uon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 38-X was read a third time in full.
When the vote was taken on the passage of the bill the result
was:
Yeas:
Mr. Speaker Crews Horne Mattox
Alexander Cross Inman, J. C. Mitchell, R. O.
Anderson Daniel Inman, W. M. Mitchell, Sam
Arrington Duncan Johnson Moody
Askins Frederick Jones Muldrew
Ayers Gibbons Karl Musselman
Bartholomew Griffin,J.J.,Jr. Kimbrough O'Neill
Beasley Grimes Lancaster Orr
Beck Hathaway Livingston Papy
Carney Herrell Maness Patton
Chaires Hollahan Mann Peacock
Cleveland Hopkins Manning Peavy

Oct. 1, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

w

y

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Oct. 1, 1957

Peters Russ Stone Weinstein
Petersen Ryan Strickland Williams. B.D.
Porter Saunders Surles Williams, G.W.
Pratt Shaffer Sweeny Williams,J.R.A.
Putnal Shipp Usina Youngberg
Roberts, C. A. Smith, R. J. Vocelle Zelmenovitz
Roberts, E. S. Smith, S. C. Wadsworth
Rowell, E. C. Stewart, E. L. Walker
Yeas-78
Nays- None
So the bill passed, title as stated.
Mr. O'Neill moved that the rules be further waived and
House Bill No. 38-X be immediately certified to the Senate.
The motion was agreed to by a two-thirds vote, and the
bill was ordered immediately certified to the Senate.
CONSIDERATION OF HOUSE LOCAL BILLS ON
SECOND READING
H. B. No. 37-X-A bill to be entitled An Act amending
Chapter 30912, Acts of 1955, creating the position of librarian
for Lake County Law Library; amending Section 2 and provid-
ing an effective date.
-was taken up.
Mr. Duncan moved that the rules be waived and House
Bill No. 37-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 37-X was read a second time by title.
Mr. Duncan moved that the rules be further waived and
House Bill No. 37-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 37-X was read a third time in full.
When the vote was taken on the passage of the bill the result
was:

Yeas:
Mr. Speaker
Alexander
Anderson
Arrington
Askins
Bartholomew
Beasley
Beck
Carney
Chaires
Chappell
Cleveland
Crews
Cross
Duncan
Frederick
Gibbons
Griffin,J.J.,Jr.
Grimes
Hathaway

Herrell
Hollahan
Hopkins
Horne
Inman, J. C.
Inman, W. M.
Johnson
Karl
Kimbrough
Lancaster
Livingston
Maness
Mann
Manning
Marshburn
Mattox
McAlpin
Mitchell, R. 0.
Mitchell, Sam
Moody

Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peacock
Peavy
Peters
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Rowell, E. C.
Ryan
Saunders
Shaffer
Shipp

Smith, R. J.
Smith, S. C.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Youngberg
Zelmenovitz

Yeas-78.

Nays-None.
So the bill passed, title as stated.

Mr. Duncan moved that the rules be further waived and
House Bill No. 37-X be immediately certified to the Senate.

The motion was agreed to by a two-thirds vote, and the bill
was ordered immediately certified to the Senate.

Mr. Beasley moved that the House now adjourn to reconvene
at 11:00 A. M. tomorrow.

The motion was agreed to.

Thereupon, at the hour of 3:36 P. M., the House stood ad-
journed until 11:00 A. M. tomorrow.

50

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

WEDNESDAY, OCTOBER 2, 1957

The House was called to order by the Speaker at 11:00 A. M.
The roll was taken and the following Members were recorded
present:

Mr. Speaker Hathaway
Alexander Herrell
Anderson Hollahan
Arrington Hopkins
Askins Horne
Ayers Inman, J. C.
Bartholomew Inman, W. M.
Beasley Johnson
Beck Jones
Blank Karl
Carney Kimbrough
Chaires Lancaster
Chappell Livingston
Cleveland Maness
Costin Mann
Crews Manning
Cross Marshburn
Duncan Mathews
Frederick Mattox
Gibbons McAlpin
Griffin,B.H.,Jr. Mitchell, R. 0.
Griffin,J.J.,Jr. Mitchell, Sam
Grimes Moody

Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peacock
Peavy
Peeples
Peters
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders
Shaffer

Sheppard
Shipp
Smith, R. J.
Smith, S. C.
Stewart, C. D.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

Excused: Messrs. Westberry, Harris and Barron.
A quorum present.
The following prayer was offered by the Reverend Robert
G. Walker, Pastor of St. Stephen's United Lutheran Church
of Tallahassee:
Let us pray. Almighty and most gracious Heavenly Father,
Thou Who hast power and authority over all the world and
all the universe, we lift our voices unto Thee this day in sup-
plication. Thou hast established in our midst law-making
bodies dedicated to the upholding of order and liberty. We
beseech Thee, bless and preserve our form of government in
State and union. Grant that our legislators may ever be mind-
ful of the welfare of all their constituents. Grant that they
be guided to serve unselfishly the common good of the people.
Preserve them from all double-dealing, pettiness, and self-
seeking. Protect, we beseech Thee, those liberties of rule by
representation which are the cornerstone of our Government.
Teach us Christians the grace to use our freedom to proclaim
Thy Word and use each and every opportunity to serve our
fellow men. May we give proof of our gratitude in seeking
the welfare of our State, in using our privileges of ballot and
freedom of press and speech for the improvement of our own
community and our entire nation. These blessings grant us,
Dear Lord, for Jesus' sake. Amen.
CORRECTION OF THE JOURNAL
The Journal for Monday, September 30, was ordered further
corrected as follows:
On page 16, column 2, in line 33, counting from the bottom
of the page, strike out the word "or" at the beginning of the
line.
On page 19, column 1, line 8, counting from the top of the
page, strike out the word "Join" and insert in lieu thereof the
word "Joint". On line 10, counting from the bottom of the
page, between the word "fourteen" and the part of the word
"amend-", insert the word "proposed".
On page 21, column 2, following line 20, counting from the
top of the page, insert the following: "the legislature, that is
to say:".
On page 22, column 1, line 16, counting from the bottom of
the page, strike out the word "officers" and insert in lieu
thereof the word "offices".

51

The Journal for Monday, September 30, as further corrected
was approved.
The Journal for Tuesday, October 1, was ordered corrected,
and as corrected was approved.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS,
CONCURRENT RESOLUTIONS AND MEMORIALS
By Messrs. Blank and Roberts of Palm Beach-
H. B. No. 39-X-A bill to be entitled An Act providing for
the salary of each circuit judge of the Fifteenth Judicial Cir-
cuit of Florida residing in Palm Beach County to be paid by
the State of Florida and providing for the additional supple-
mental compensation to be paid by the County of Palm Beach,
making the county payment a county purpose, and suspending
the operation of all laws in conflict herewith, and providing
for the effective date hereof.
The Speaker ruled that the introduction and consideration
of House Bill No. 39-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Blank moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 39-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 39-X was admitted for
introduction and consideration by the House.

The bill was read the first time by title.
Mr. Blank was given unanimous consent to now consider
House Bill No. 39-X.

Mr. Blank moved that the rules be waived and House Bill
No. 39-X be read a second time by title.

The motion was agreed to by a two-thirds vote and House
Bill No. 39-X was read a second time by title.
Messrs. Blank and Roberts of Palm Beach offered the follow-
ing amendment to House Bill No. 39-X:
Following Section 2 insert the following:

"Section 3. The provisions hereof shall be and are hereby
made retroactive to July 1, 1957."

And renumber all subsequent sections.
Mr. Blank moved the adoption of the amendment.

The motion was agreed to and the amendment was adopted.
Messrs. Blank and Roberts of Palm Beach offered the follow-
ing amendment to House Bill No. 39-X:
In the title, following the words "Laws In Conflict Herewith",
insert the following: "Providing That Provisions Hereof Be
Retroactive to July 1, 1957,"

Mr. Blank moved the adoption of the amendment.
The motion was agreed to and the amendment was adopted.
Mr. Blank moved that the rules be further waived and House
Bill No. 39-X, as amended, be read a third time in full and
placed upon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 39-X, as amended, was read a third time in full.
When the vote was taken on the passage of the bill the re-
sult was:

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Oct. 2, 1957

Yeas:
Mr. Speaker Grimes
Alexander Hathaway
Anderson Herrell
Askins Hollahan
Ayers Home
Bartholomew Inman, J. C.
Beasley Inman, W. M.
Beck Johnson
Blank Jones
Carney Karl
Chaires Kimbrough
Chappell Lancaster
Cleveland Maness
Costin Mann
Crews Manning
Duncan Marshburn
Frederick Mathews
Gibbons Mattox
Griffin,B.H.,Jr. McAlpin
Griffin,J.J.,Jr. Mitchell, R. O.
Yeas-80
Nays-None

Mitchell, Sam Ryan
Moody Saunders
Muldrew Shaffer
O'Neill Sheppard
Orr Smith, R. J.
Papy Smith, S. C.
Patton Stewart, C. D.
Peacock Stone
Peavy Strickland
Peeples Surles
Peters Sweeny
Petersen Turlington
Pratt Usina
Putnal Wadsworth
Roberts, C. A. Weinstein
Roberts, E. S. Williams. B.D.
Roberts, H. W, Williams, G.W.
Rowell, E. C. Williams,J.R.A.
Rowell, M H. Youngberg
Russ Zelmenovitz

So the bill passed, as amended, and was ordered engrossed.
By Mr. Sweeny of Volusia-
H. B. No. 40-X-A bill to be entitled An Act creating and
incorporating a special tax district in Volusia County, Florida,
to be known as the West Volusia Hospital Authority; fixing
and prescribing the boundaries of said district; providing for
the governing and administration of the same; providing and
defining the powers and purposes of said district and of the
board of commissioners thereof; authorizing and empowering
such board to establish, contract, operate and maintain such
hospital or hospitals as may be established and constructed
by said board in said district, for indigents of said district and
pay patients; authorizing and providing for the issuance and
sale of bonds of said district; authorizing and empowering
such board to borrow money on the note or notes of said
district; authorizing and providing for the levy and collection
of taxation for the payment of the said bonds and the interest
thereon, and for the payment of said notes or the interest
thereon, and authorizing and providing for the levy and col-
lection of additional taxes for the repair and maintenance of
said hospital or hospitals; authorizing and providing generally
the powers and duties of said board on its behalf and provid-
ing for a referendum.
The Speaker ruled that the introduction and consideration
of House Bill No. 40-X would constitute Legislative business
other than that for which the Legislature was especially
convened.
Mr. Sweeny moved that this House determine that it shall
transact the Legislative business of the introduction and
consideration of House Bill No. 40-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 40-X was admitted for in-
troduction and consideration by the House.
The bill was read the first time by title.

Mr. Sweeny was given unanimous consent to now consider
House Bill No. 40-X.

Mr. Sweeny moved that the rules be waived and House Bill
No. 40-X be read a second time by title.

The motion was agreed to by a two-thirds vote and House
Bill No. 40-X was read a second time by title.
Mr. Sweeny moved that the rules be further waived and
House Bill No. 40-X be read a third time in full and placed
upon its passage.

The motion was agreed to by a two-thirds vote and House
Bill No. 40-X was read a third time in full.

When the vote was taken on the passage of the bill the
result was:

Yeas:
Mr. Speaker Hathaway
Alexander Herrell
Anderson Hollahan
Arrington Hopkins
Ayers Horne
Beasley Inman, J. C.
Beck Inman, W. M.
Blank Johnson
Carney Jones
Chaires Karl
Chappell Kimbrough
Cleveland Lancaster
Costin Livingston
Crews Maness
Cross Manning
Duncan Mathews
Frederick Mattox
Gibbons McAlpin
Griffin,B.H.,Jr. Mitchell, R. O.
Griffin,J.J.,Jr. Mitchell, Sam
Grimes Moody
Yeas-84.
Nays-None.

Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peacock
Peavy
Peeples
Peters
Petersen
Porter
Pratt
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders

Shaffer
Sheppard
Shipp

Smith, R. J.
Smith, S. C.
Stewart, C. D.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Wadsworth
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
Mr. Daniel asked to be recorded present.
By Messrs. McAlpin of Hamilton, Rowell of Sumter, Marsh-
burn of Levy, Chaires of Dixie, Duncan of Lake, Hathaway of
Charlotte, Kimbrough of Santa Rosa, Saunders of Clay, Rob-
erts of Union, Putnal of Lafayette, Peacock of Jackson, Wil-
liams of Hardee, Williams of Columbia, Jones of Taylor,
Muldrew of Brevard, Anderson of Jefferson, Mitchell of Wash-
ington, Manning of Holmes, Mattox of Polk, Peavy of Madison,
Strickland of Citrus, Wise of Okaloosa, Surles of Polk and
Peters of Calhoun-
H. B. No. 41-X-A bill to be entitled An Act relating to pub-
lic facilities and institutions; authorizing local authorities to
suspend under certain circumstances any public facility or in-
stitution within its jurisdiction as an emergency measure in
the public interest pursuant to petition and referendum; pro-
viding procedures for the reactivation of a suspended public
facility or institution; providing an effective date.
The Speaker ruled that the introduction and consideration
of House Bill No. 41-X would constitute Legislative business
other than that for which the Legislature was especially
convened.
Mr. McAlpin moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 41-X.
A roll call was demanded.
When the vote was taken on the motion, the result was:

Yeas:
Mr. Speaker
Anderson
Arrington
Askins
Ayers
Beck
Chaires
Chappell
Crews
Cross
Duncan
Griffin,J.J.,Jr.
Grimes
Hathaway
Nays:
Alexander
Bartholomew
Beasley
Blank

Horne
Inman, W. M.
Jones
Kimbrough
Lancaster
Livingston
Manning
Marshburn
Mattox
McAlpin
Mitchell, R. 0.
Mitchell, Sam
Muldrew
O'Neill

Carney
Cleveland
Frederick
Gibbons

Patton Smith, S. C.
Peacock Stewart, C. D.
Peavy Stewart, E. L.
Peeples Stone
Peters Strickland
Petersen Surles
Putnal Wadsworth
Roberts, C. A. Williams. B.D.
Roberts, H. W. Williams, G.W.
Rowell, E. C. Williams,J.R.A.
Rowell, M H. Wise
Russ
Shaffer
Sheppard

Griffin,B.H.,Jr. Inman, J. C.
Herrell Johnson
Hollahan Karl
Hopkins Maness

52

Mann ?orter Smith, R. J. Weinstein
Mathews Pratt Sweeny Youngberg
Moody Roberts, E. S. Turlington Zelmenovitz
Musselman Ryan Usina
Orr Shipp Vocelle
Yeas-53
Nays-34
Mr. Daniel was given unanimous consent to be recorded as
voting "Yea".
The motion was not agreed to by the required Constitutional
two-thirds vote, and House Bill No. 41-X was not admitted for
introduction and consideration by the House.
EXPLANATION OF VOTE ON MOTION THAT HOUSE
BILL NO. 41-X BE ADMITTED FOR INTRODUCTION
AND CONSIDERATION
I voted for this bill during the regular session but voted
against the introduction of the bill at this time solely on the
ground that we have been called into special session to con-
sider only one controversial subject, to-wit: Constitutional
Revision. The Legislature can and should at a later date, if
our pupil assignment law is questioned, enact legislation au-
thorizing the closing of certain public schools.
JAMES S. MOODY
Representative from Hillsborough County

EXPLANATION OF VOTE ON MOTION THAT HOUSE
BILL NO. 41-X BE ADMITTED FOR INTRODUCTION
AND CONSIDERATION
Our Governor has not returned from Washington and re-
ported to the people of Florida on the Southern Governors'
conference with the President. I feel that we should wait and
hear his report and further we should reflect objectively on
all such legislation and gain the best advice possible as we
did before when we passed the legislation at the special ses-
sion which considered the report of the Fabisinski Committee.
I have the utmost, absolute faith in our Governor's leader-
ship and intentions. I abhor what has happened in Little
Rock and the apparent abolishment of the last vestige of
States' Rights. I do not, however, feel that this bill is the
smart step to take at this time.
ANDREW J. MUSSELMAN, JR.
Representative from Broward County

By Mr. Smith of St. Lucie-

H. J. R. No. 42-X-A Joint Resolution proposing an amend-
ment to the Constitution of the State of Florida by amending
Section 2 of Article III of the Constitution relating to regular
and extra sessions of the legislature.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:

That the following amendment to Section 2 of Article III
of the Constitution of Florida is hereby agreed and shall be
submitted to the electors of the state of Florida for ratification
or rejection at the next general election to be held in A. D.
1958, as follows:
Section 2. Regular and extra sessions.-The regular sessions
of the legislature shall be annually, commencing on the first
(1st) Tuesday after the first (1st) Monday in April, A. D.
1959, and on the corresponding day of every year thereafter,
but the Governor may convene the same in extra session by his
proclamation. Regular sessions of the legislature may extend
to forty-five (45) days, but no special session convened by
the Governor shall exceed twenty (20) days. The regular
forty-five (45) days annual session of the legislature may,
by a three-fifths (3/5) vote of the membership of both houses,
be extended not exceeding a total of thirty (30) days which
need not be consecutive. Recesses in such extended sessions
shall be taken only by joint action of both houses. No extended
session may last beyond September 1st following the regular
annual session. During such extended session, no additional
proposed legislation shall be introduced unless consent is
first obtained by a two-thirds (2/3) vote of the members of

the house into which it is sought to be introduced.

53

-was read the first time in full and referred to the Com-
mittee on Constitutional Amendments.
By Mr. Russ of Wakulla-
H. B. No. 43-X-A bill to be entitled An Act to amend
Section 7 of Chapter 57-868, Acts of 1957, entitled "An Act
relating to each county in the state having a population of
not less than five thousand (5,000) nor more than five thousand
five hundred (5,500), by the latest official state-wide decennial
census of 1950, fixing the compensation of the counselor of the
juvenile court, the tax collector, assessors of taxes, supervisors
of registration, and the members of the county board of public
instruction in each such county; amending Section 1 of Chap-
ter 27110, Laws of Florida, Acts of 1951, repealing Chapters
30383 and 30384, Laws of Florida, Acts of 1955; providing an
effective date;" fixing an effective date.
The Speaker ruled that the introduction and consideration
of House Bill No. 43-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Russ moved that this House determine that it shall trans-
act the Legislative business of the introduction and considera-
tion of House Bill No. 43-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 43-X was admitted for in-
troduction and consideration by the House.
The bill was read the first time by title.
Mr. Russ was given unanimous consent to now consider
House Bill No. 43-X.
Mr. Russ moved that the rules be waived and House Bill No.
43-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 43-X was read a second time by title.
Mr. Russ moved that the rules be further waived and House
Bill No. 43-X be read a third time in full and placed upon its
passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 43-X was read a third time in full.
When the vote was taken on the passage of the bill the re-
sult was:

"Yeas:
Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Bartholomew
Beasley
Beck
Blank
Carney
Chaires
Chappell
Cleveland
Costin
Crews
Duncan
Frederick
Gibbons
Yeas-76
Nays-None

Griffin,B.H.,Jr. Mitchell, Sam
Griffin,J.J.,Jr. Moody
Grimes Muldrew
Hathaway O'Neill
Herrell Orr
Hollahan Papy
Hopkins Patton
Inman, J. C. Peavy
Inman, W. M. Peeples
Jones Peters
Karl Pratt
Kimbrough Putnal
Lancaster Roberts, C. A.
Maness Roberts, E. S.
Mann Rowell, E. C.
Manning Rowell, M H.
Marshburn Russ
Mathews Ryan
Mattox Saunders

Shaffer
Sheppard
Shipp
Smith, R. J.
Smith, S. C.
Stewart, C. D.
Stewart, E. L.
Strickland
Surles
Sweeny
Usina
Vocelle
Wadsworth
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered im-
mediately certified to the Senate.
INTRODUCTION OF GUESTS
Mr. Vocelle introduced Mr. and Mrs. Ellis Duncan of
Vero Beach.
Mr. Surles moved that a committee of three be appointed
to escort the Honorable Spessard Holland, United States Sena-
tor from Florida, to the rostrum.

Oct. 2, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

The motion was agreed to.
Thereupon, the Speaker appointed Messrs. Surles, Cleveland
and Sweeny as the committee which escorted Senator Hol-
land to the rostrum where he was presented by the Speaker
and briefly addressed the Membership of the House.
By Messrs. Ryan and Musselman of Broward-
H. B. No. 44-X-A bill to be entitled An Act relating to the
sale and issuance of drivers' licenses in all counties having a
population of not less than seventy-five thousand (75,000) nor
more than one hundred thousand (100,000) inhabitants by the
latest decennial federal census; authorizing the appointment
by county judges of agents for the sale and issuance of drivers'
licenses and collecting the fees to be paid therefore; providing
the number of agents authorized to be appointed and their
qualifications; prescribing penalties for violations and pro-
viding an effective date.
The Speaker ruled that the introduction and consideration
of House Bill No. 44-X would constitute Legislative business
other than that for which the Legislatiure was especially
convened.
Mr. Ryan moved that this House determine that it shall
transact the Legislative business of the introduction and
consideration of House Bill No. 44-X
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 44-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title.
Mr. Ryan was given unanimous consent to now consider
House Bill No. 44-X.
Mr. Ryan moved that the rules be waived and House
Bill No. 44-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 44-X was read a second time by title.
Mr. Ryan moved that the rules be further waived and
House Bill No. 44-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 44-X was read a third time in full.
When the vote was taken on the passage of the bill the
result was:

Yeas:
Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Bartholomew
Beck
Blank
Carney
Chaires
Chappell
Cleveland
Costin
Crews
Cross
Daniel
Duncan
Frederick
Gibbons
Griffin,B.H.,Jr.

Griffin,J.J.,Jr. Mitchell, Sam
Grimes Moody
Hathaway Muldrew
Herrell Musselman
Hollahan O'Neill
Hopkins Orr
Home Patton
Inman, J. C. Peavy
Inman, W. Peeples
Johnson Peters
Jones Petersen
Karl Pratt
Kimbrough Putnal
Lancaster Roberts, C. A.
Livingston Roberts, E. S.
Maness Roberts, H. W.
Mann Rowell, E. C.
Manning Rowell, M H.
Marshburn Russ
Mathews Ryan
Mattox Saunders

Shaffer
Sheppard
Smith, R. J.
Smith, S. C.
Stewart, C. D.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

Yeas- 84
Nays- None
So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
By Mr. Ryan of Broward-
H. B. No. 45-X--A bill to be entitled An Act to amend Sec-
tions 18, 23, 27, 134, 147 and 149, Chapter 30836, Special Acts

Oct. 2, 1957

of 1955, and as amended by Chapter 57-1401, Special Acts of
1957, said Chapter 30836 being: "An Act relating to the City
of Hollywood, Broward County, Florida, to abolish the present
municipal government of said city and to create, establish and
organize a municipality to be known and designated as the
"City of Hollywood' and to define its territorial boundaries
and to provide for its government, jurisdiction, powers, fran-
chises and privileges; and providing for a referendum."
The Speaker ruled that the introduction and consideration
of House Bill No. 45-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Ryan moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 45-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 45-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title.
Mr. Ryan was given unanimous consent to now consider
House Bill No. 45-X.
Mr. Ryan moved that the rules be waived and House Bill No.
45-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 45-X was read a second time by title.
Mr. Ryan moved that the rules be further waived and House
Bill No. 45-X be read a third time in full and placed upon its
passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 45-X was read a third time in full.
When the vote was taken on the passage of the bill the result
was:

Yeas:
Mr. Speaker Grimes
Alexander Hathaway
Anderson Herrell
Arrington Hollahan
Askins Hopkins
Ayers Home
Bartholomew Inman, J. C.
Beasley Inman, W. M.
Beck Johnson
Blank Jones
Carney Karl
Chaires Kimbrough
Chappell Lancaster
Cleveland Livingston
Costin Maness
Crews Mann
Daniel Manning
Duncan Marshburn
Frederick Mathews
Gibbons Mattox
Griffin,B.H.,Jr. McAlpin
Griffin,J.J.,Jr. Mitchell, Sam
Yeas-86.
Nays-None.

Moody Sheppard
Muldrew Shipp
Musselman Smith, R. J.
O'Neill Smith, S. C.
Orr Stewart, C. D.
Papy Stone
Patton Strickland
Peacock Surles
Peavy Sweeny
Peeples Turlington
Peters Usina
Petersen Wadsworth.
Pratt Walker
Putnal Weinstein
Roberts, C. A. Williams. B.D.
Roberts, E. S. Williams, G.W.
Roberts, H. W. Williams,J.R.A.
Rowell, M H. Wise
Russ Youngberg
Ryan Zelmenovitz
Saunders
Shaffer

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
CONSIDERATION OF MESSAGES FROM THE SENATE
The following messages from the Senate were received and
read:
Tallahassee, Florida,
October 2, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-

54

sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-
By Senators Beall and Carraway-
S. B. No. 24-X(57)-A bill to be entitled An Act amending
chapter 30285, Laws of Florida, acts of 1955, providing that
parts of state road ninety (90) also known as U. S. 41, state
road forty-five (45) also known as U. S. 41, state road fifty-
five (55) also known as U. S. 19, state road twenty (20) also
known as U. S. 27, and state road ten (10) also known as U. S.
90 shall form the parts of a highway extending from Miami,
Florida, to the Alabama-Florida state line west of Pensacola,
Florida, to be known as "Blue Star Memorial Highway".
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.

The Speaker ruled that the introduction and consideration
of Senate Bill No. 24-X, contained in the above message, would
constitute Legislative business other than that for which the
Legislature was especially convened.
Mr. Hopkins moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Bill No. 24-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 24-X was admitted for in-
troduction and consideration by the House.
The bill was read the first time by title and referred to the
Committee on Public Roads and Highways.

The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:

Tallahassee, Florida,
October 2, 1957

I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-
By Senator Connor-
S. B. No. 34-X(57)-A bill to be entitled An Act amending
chapter 57-773 relating to the limitation of the number of bev-
erage licenses and amending section 561.20(2) and (4), Florida
Statutes; clarifying legislative intent relating to application of
this law by amending section 3; providing effective date.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate
The Speaker ruled that the introduction and consideration
of Senate Bill No. 34-X, contained in the above message, would
constitute Legislative business other than that for which the
Legislature was especially convened.
Mr. Sheppard moved that this House determine that it
shall transact the Legislative business of the introduction and
consideration of Senate Bill No. 34-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 34-X was admitted for
introduction and consideration by the House.

The bill was read the first time by title and referred to
the Committee on Hotels & Restaurants.

Mr. Sheppard moved that Senate Bill No. 34-X be withdrawn
from the Committee on Hotels & Restaurants and placed on
the Calendar.
The motion was agreed to by a two-thirds vote and it was
so ordered.

Mr. Sheppard was given unanimous consent to now con-
sider Senate Bill No. 34-X.

55

Mr. Sheppard moved that the rules be waived and Senate
Bill No. 34-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 34-X was read a second time by title.
Mr. Sheppard moved that the rules be further waived and
Senate Bill No. 34-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 34-X was read a third time in full.
When the vote was taken on the passage of the bill the
result was:

Yeas:

Mr. Speaker
Alexander
Anderson
Arrington
Askins
Bartholomew
Beasley
Beck
Blank
Carney
Chaires
Chappell
Cleveland
Costin
Crews
Cross
Daniel
Duncan
Frederick
Gibbons
Yeas- 79
Nays- None

Griffin,B.H.,Jr. Mitchell, Sam
Grimes Moody
Hathaway Muldrew
Herrell Musselman
Hollahan O'Neill
Hopkins Orr
Horne Papy
Inman, J. C. Patton
Inman, W. M. Peeples
Johnson Peters
Jones Petersen
Karl Porter
Kimbrough Pratt
Lancaster Putnal
Livingston Roberts, C. A.
Mann Roberts, E. S.
Manning Rowell, E. C.
Marshburn Russ
Mattox Saunders
Mitchell, R. O. Shaffer

Sheppard
Shipp
Smith, R. J.
Smith, S. C.
Stewart, C. D.
Stone
Strickland
Surles
Sweeny
Usina
Vocelle
Wadsworth
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

Mr. Ryan was given unanimous consent to be recorded as
voting "Yea."
So the bill passed, title as stated.
Mr. Sheppard moved that the rules be further waived and
Senate Bill No. 34-X be immediately certified to the Senate.
The motion was agreed to by a two-thirds vote, and the
bill was ordered immediately certified to the Senate.
Tallahassee, Florida,
October 2, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-
By Senators Shands and Pope-
S. B. No. 32-X(57)-A bill to be entitled An Act relating to
retirement of state and county officers and employees; amend-
ing subsection (1) of section 122.16, Florida Statutes, by the
addition of paragraph (e), providing a method of transfer to
division "B" of the retirement system; providing an effective
date.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. PAVIS,
Secretary of the Senate.
The Speaker ruled that the introduction and consideration
of Senate Bill No. 32-X, contained in the above message, would
constitute Legislative business other than that for which the
Legislature was especially convened.
Mr. Cross moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Bill No. 32-X.

Oct. 2, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE

The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 32-X was admitted for in-
troduction and consideration by the House.
The bill was read the first time by title and ordered placed on
the Calendar without reference, being a companion measure to
House Bill No. 25-X, now on the Calendar.
CONSIDERATION OF HOUSE BILLS AND JOINT
RESOLUTIONS ON SECOND READING
H. B. No. 25-X-A bill to be entitled An Act relating to
retirement of state and county officers and employees; amend-
ing subsection (1) of Section 122.16, Florida Statutes, by the
addition of paragraph (e), providing a method of transfer
to division "B" of the retirement system; providing an effec-
tive date.
-was taken up.
Mr. Cross moved that the House now take up and consider
Senate Bill No. 32-X, a companion measure to House Bill No.
25-X, now on the Calendar.
The motion was agreed to, and-
S. B. No. 32-X(57)-A bill to be entitled An Act relating to
retirement of state and county officers and employees; amend-
ing subsection (1) of section 122.16, Florida Statutes, by the
addition of paragraph (e), providing a method of transfer to
division "B" of the retirement system; providing an effective
date.
-was taken up.
Mr. Cross moved that Senate Bill No. 32-X be substituted for
and considered in lieu of House Bill No. 25-X.
The motion was agreed to and Senate Bill No. 32-X was sub-
stituted for House Bill No. 25-X.
Mr. Cross moved that the rules be waived and Senate Bill No.
32-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 32-X was read a second time by title.
Mr. Cross moved that the rules be further waived and Senate
Bill No. 32-X be read a third time in full and placed upon its
passage.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 32-X was read a third time in full.
When the vote was taken on the passage of the bill the result
was:

Yeas:
Mr. Speaker Grimes
Alexander Hathaway
Anderson Herrell
Arrington Hollahan
Askins Hopkins
Bartholomew Inman, J. C.
Beasley Inman, W. M.
Beck Johnson
Blank Jones
Chaires Karl
Cleveland Kimbrough
Costin Lancaster
Crews Maness
Cross Mann
Daniel Manning
Frederick Marshburn
Gibbons Mathews
Griffin,B.H.,Jr. Mattox
Griffin,J.J.,Jr. Mitchell, Sam

Muldrew
O'Neill
Orr
Papy
Patton
Peeples
Peters
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Rowell, E. C.
Russ
Ryan
Saunders
Shaffer
Sheppard

Shipp
Smith, R. J.
Smith, S. C.
Stewart, C. D.
Stone
Strickland
Surles
Sweeny
Turlington
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

Yeas-75.
Nays-None.
So the bill passed, title as stated.

Mr. Cross moved that the rules be further waived and Senate
Bill No. 32-X be immediately certified to the Senate,

56

ENGROSSING REPORTS
October 2, 1957
Your Engrossing Clerk to whom was referred-
House Joint Resolution No. 9-X
-with amendments, begs leave to report the amendments have
been incorporated in the resolution, and the same has been
carefully examined and correctly engrossed and is herewith
returned.
Very respectfully,
IRMA W. LINN
Engrossing Clerk
-And House Joint Resolution No. 9-X was ordered certified
to the Senate.
October 2, 1957
Your Engrossing Clerk to whom was referred-
House Joint Resolution No. 8-X
-with amendment, begs leave to report the amendment has
been incorporated in the resolution and the same has been
carefully examined and correctly engrossed and is herewith
returned.
Very respectfully,
IRMA W. LINN
Engrossing Clerk
-And House Joint Resolution No. 8-X was ordered certified
to the Senate.
October 2, 1957
Your Engrossing Clerk to whom was referred-
House Bill No. 39-X
-with amendments, begs leave to report the amendments have

E OF REPRESENTATIVES Oct. 2, 1957

The motion was agreed to by a two-thirds vote, and the bill
was ordered immediately certified to the Senate.
Under Rule 46, House Bill No. 25-X was laid on the table.
Mr. Orr moved that the rules be waived and the House
revert to the order of Introduction and Reference of House
Bills, Joint Resolutions, House Resolutions, Concurrent Reso-
lutions and Memorials.
The motion was agreed to by a two-thirds vote, and it
was so ordered.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS AND MEMORIALS
By Messrs. Orr of Dade, Maness of Duval and Horne of
Leon-
H. B. No. 46-X-A bill to be entitled An Act making an
appropriation for compensation and expenses to House Man-
agers in preparation and prosecution of impeachment pro-
ceedings.
The Speaker ruled that the introduction and consideration
of House Bill No. 46-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Orr moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 46-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 46-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title and referred to
the Committee on Appropriations.
MATTERS ON RECONSIDERATION
The question recurred on the motion by Mr. Hopkins that
the House reconsider the vote by which House Joint Resolu-
tion No. 9-X passed as amended.
Pending consideration thereof-
Mr. Hopkins withdrew the motion.

JOURNAL OF THE HOUSE

been incorporated in the bill and the same has been carefully
examined and correctly engrossed and is herewith returned.
Very respectfully,
IRMA W. LINN
Engrossing Clerk
-And House Bill No. 39-X was ordered certified to the Senate.
REPORTS OF STANDING COMMITTEES
October 2, 1957
Mr. Chappell of Marion, Chairman of the Committee on
Constitutional Amendments, reports that the Committee has
carefully considered the following joint resolution and recom-
mends that it pass as amended:
By. Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Horne of Leon-
H. J. R. No. 10-X-A Joint Resolution proposing revision
of Article II of the Constitution of the State of Florida.
which amendment reads as follows: Add the following section
at the end of the resolution:
Section 5. This joint resolution shall not become operative
unless and until House Joint Resolution No. 32-X and all of
said fourteen joint resolutions containing said fourteen pro-
posed amendments, whether originating in the senate or the

Oct. 2, 1957

E OF REPRESENTATIVES 57

house of representatives, are adopted by each house of the
legislature.
And House Joint Resolution No. 10-X, contained in the
above report, together with Committee amendment thereto,
was placed on the Calendar of Bills and Joint Resolutions for
Second Reading.
October 2, 1957
Mr. Chappell of Marion, Chairman of the Committee on
Constitutional Amendments, reports that the Committee has
carefully considered the following joint resolution and recom-
mends that it not pass:
By Mr. Mattox of Polk-
H. J. R. No. 23-X-A joint resolution proposing an amendment
to Article III of the Constitution providing certain prerequi-
sites for the introduction of general legislation of uniform
operation throughout the state by amending section 14 thereof.
And House Joint Resolution No. 23-X, contained in the
above report, was laid on the table under the rule.
Mr. Beasley moved that the House now adjourn to reconvene
at 11:00 A. M. tomorrow.
The motion was agreed to.
Thereupon, at the hour of 12:08 P. M., the House stood
adjourned until 11:00 A. M. tomorrow.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

THURSDAY, OCTOBER 3, 1957

The House was called to order by the Speaker at 11:00 A. M.
The roll was taken and the following Members were recorded
present:

Mr. Speaker Griffin,J.J.,Jr.
Alexander Grimes
Anderson Harris
Arrington Hathaway
Askins Herrell
Ayers Hollahan
Barron Home
Bartholomew Inman, J. C.
Beasley Inman, W. M.
Beck Johnson
Blank Jones
Carney Kimbrough
Chaires Lancaster
Chappell Livingston
Cleveland Maness
Costin Mann
Crews Manning
Cross Marshburn
Daniel Mathews
Duncan Mattox
Frederick McAlpin
Gibbons Mitchell, Sam
Griffin,B.H.,Jr. Muldrew

Musselman
O'Neill
Orr
Papy
Patton
Peacock
Peavy
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders
Shaffer
Sheppard
Shipp

Smith, R. J.
Smith, S. C.
Stewart, C. D.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

Excused: Messrs. Westberry, Karl, Hopkins, Peters and
Moody.
A quorum present.
The following prayer was offered by the Reverend Oliver
Carmichael, Chaplain:
Send us, O God, as thy messengers, to hearts without a
home, to lives without love, to the crowds without a guide.
Send us to the children whom none have blessed, to the
famished whom none have visited, to the fallen whom none
have lifted, to the bereaved whom none have comforted.
Kindle thy flame on the altars of our hearts, that others
may be warmed thereby; cause thy light to shine in our
souls, that others may see the way; keep our sympathies
and insight ready, our wills keen, our hands quick to help
our brothers in their need; for Christ's sake. Amen.
CORRECTION OF THE JOURNAL
The Journal for Wednesday, October 2, was ordered corrected
and as corrected was approved.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CONCUR-
RENT RESOLUTIONS AND MEMORIALS.
By Mr. Kimbrough of Santa Rosa-
H. B. No. 47-X-A bill to be entitled An Act to amend sec-
tion 1, chapter 31258, special laws of Florida, 1955, relating to
priority of secondary road construction in Santa Rosa county
by the state road department; to provide that the Pace-Flor-
idatown highway be constructed and be given number 1 prior-
ity on the list for hard-surfacing; changing the description of
the Holley Field road and to provide for the construction,
priority and description of access roads thereto; providing an
effective date.
The Speaker ruled that the introduction and consideration
of House Bill No. 47-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Kimbrough moved that this House determine that it
shall transact the Legislative business of the introduction and
consideration of House Bill No. 47-X.
The motion was agreed to by the required Constitutional

two-thirds vote, and House Bill No. 47-X was admitted for
introduction and consideration by the House.
Proof of Publication of notice attached to House Bill No.
47-X.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by title.
Mr. Kimbrough was given unanimous consent to now con-
sider House Bill No. 47-X.
Mr. Kimbrough moved that the rules be waived and House
Bill No. 47-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 47-X was read a second time by title.
Mr. Kimbrough moved that the rules be further waived and
House Bill No. 47-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 47-X was read a third time in full.

When the vote was taken on the passage
result was:

Yeas:
Mr. Speaker Grimes
Alexander Harris
Anderson Hathaway
Arrington Herrell
Askins Hollahan
Ayers Home
Bartholomew Inman, J. C.
Beasley Inman, W. M.
Beck Johnson
Blank Jones
Carney Kimbrough
Chaires Lancaster
Chappell Livingston
Cleveland Maness
Costin Mann
Crews Manning
Daniel Marshburn
Duncan Mathews
Frederick Mattox
Gibbons McAlpin
Griffin,B.H.,Jr. Mitchell, R. 0.
Griffin,J.J.,Jr. Mitchell, Sam
Yeas-85

Nays-None

Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peacock
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders
Shaffer
Sheppard

of the bill the

Shipp
Smith, R. J.
Smith, S. C.
Stewart, C. D.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Vocelle
Wadsworth
Walker
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.

By Mr. Surles of Polk-
H. C. R. No. 48-X-A Concurrent Resolution inviting the
Governor to address a joint session of the Legislature.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES
OF THE STATE OF FLORIDA, THE SENATE CON-
CURRING:

Section. 1. The Honorable Leroy Collins, Governor of Flor-
ida, is hereby invited to address a joint session of the legisla-
ture at a time agreeable with the Governor in order to afford
the Governor an opportunity, if he desires, to report fully to the
legislature on his recent conference with the President of the
United States and to comment upon proposals agreed upon

58

JOURNAL OF THE HOUSE OF REPRESENTATIVES

with particular reference to the matter of preservation of state
rights.
The Speaker ruled that the introduction and consideration of
House Concurrent Resolution No. 48-X would constitute Legis-
lative business other than that for which the Legislature was
especially convened.
Mr. Surles moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Concurrent Resolution No. 48-X.
A roll call was ordered.
When the vote was taken on the motion by Mr. Surles, the
result was:

Yeas:
Mr. Speaker
Anderson
Arrington
Askins
Bartholomew
Beck
Carney
Chaires
Costin
Cross
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hathaway
Nays:
Alexander
Beasley
Blank
Chappell
Cleveland
Crews
Daniel
Duncan
Frederick
Gibbons
Yeas-50
Nays-37

Home
Inman, W. M.
Lancaster
Livingston
Manning
Marshburn
Mattox
McAlpin
Mitchell, Sam
Muldrew
Musselman
Papy
Patton

Grimes
Harris
Herrell
Hollahan
Inman, J. C.
Johnson
Jones
Kimbrough
Maness
Mann

Peacock Stone
Peavy Strickland
Petersen Surles
Porter Sweeny
Putnal Turlington
Roberts, H. W. Walker
Rowell, E. C. Williams. B.D.
Rowell, M H. Williams, G.W.
Ryan Williams,J.R.A.
Shaffer Wise
Sheppard Youngberg
Smith, S. C.
Stewart, C. D.

Mathews Smith, R. J.
O'Neill Stewart, E. L.
Orr Usina
Peeples Vocelle
Pratt Wadsworth
Roberts, C. A. Weinstein
Roberts, E. S. Zelmenovitz
Russ
Saunders
Shipp

The motion was not agreed to by the required Constitutional
two-thirds vote, and House Concurrent Resolution No. 48-X
was not admitted for introduction and consideration by the
House.
By Messrs. Hopkins and Stone of Escambia-
H. B. No. 49-X-A bill to be entitled An Act relating to
the City of Pensacola, amending Chapter 57-1723, Laws of
Florida, Special Acts of 1957, authorizing, directing, and re-
quiring the City of Pensacola to reduce the millage levied by
said city on real property in the event of a reassessment of
real property at a higher valuation, repealing all laws in con-
flict; providing an effective date.
The Speaker ruled that the introduction and consideration
of House Bill No. 49-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Stone moved that this House determine that it shall
transact the Legislative bu, iness of the introduction and con-
sideration of House Bill No 49-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and Houct Bill No. 49-X was admitted for
introduction and consideration by the House.
Proof of Publication of notice attached to House Bill No.
49-X.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of Article
III of the Constitution, has been established in this Legislature.
And the above bill was read the first time by title.
Mr. Stone was given unanimous consent to now consider
House Bill No. 49-X.

59

Mr. Stone moved that the rules be waived and House
Bill No. 49-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 49-X was read a second time by title.
Mr. Stone moved that the rules be further waived and House
Bill No. 49-X be read a third time in full and placed upon
its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 49-X was read a third time in full.

When the vote was taken
result was:
Yeas:
Mr. Speaker Grimes
Alexander Harris
Anderson Hathaway
Arrington Herrell
Askins Hollahan
Ayers Horne
Bartholomew Inman, J. C.
Beasley Inman, W. M.
Beck Johnson
Blank Jones
Carney Kimbrough
Chaires Lancaster
Chappell Livingston
Cleveland Maness
Costin Mann
Crews Manning
Daniel Marshburn
Duncan Mathews
Frederick Mattox
Gibbons McAlpin
Griffin,B.H.,Jr. Mitchell, R. O.
Griffin,J.J.,Jr. Mitchell, Sam
Yeas- 85
Nays- None

on the passage of the bill the

Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peacock
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders
Shaffer
Sheppard

Shipp
Smith, R. J.
Smith, S. C.
Stewart, C. D.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Vocelle
Wadsworth
Walker
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
By Messrs. Maness and Mathews of Duval-
H. B. No. 50-X-A bill to be entitled An Act to amend
Section 129 of Chapter 29965, Laws of Florida of 1955, also
designated as Section 338.19, Florida Statutes, 1955, as amend-
ed by Chapter 57-135, Laws of Florida of 1957, relating to
relocation of utilities; to provide that the State Road Depart-
ment may require relocation of utility facilities for Federal
aid projects; to provide for payment of costs and repeal of
conflicting laws and fixing the effective date of this Act.
The Speaker ruled that the introduction and consideration
of House Bill No. 50-X would constitute Legislative business
other than that for which the Legislature was especially
convened.
Mr. Maness moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 50-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 50-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title and referred to
the Committee on Public Roads & Highways.

Mr. Mathews moved that House Bill No. 50-X be withdrawn
from the Committee on Public Roads & Highways and placed
pn the Calendar.

The motion was agreed to by a two-thirds vote, and House
Bill No. 50-X was ordered withdrawn from the Committee on
Public Roads & Highways and placed on the Calendar.

By the Committee on Welfare-
H. C. R. No. 51-X-A Concurrent Resolution requesting the
State Welfare Board to increase the present allotment as now
provided under Sections 409.16, 409.17 and 409.40, Florida Stat-

Oct. 3, 1957

60 JOURNAL OF THE HOU

utes, by an increase of one dollar and twenty-five cents ($1.25)
to each recipient now on the welfare rolls for clothing.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES
OF THE STATE OF FLORIDA, THE SENATE CONCUR-
RING:
Section 1. The welfare board of this state is hereby re-
quested to increase the present allotment for clothing by one
dollar and twenty-five cents ($1.25) to every recipient on the
welfare rolls receiving aid under section 409.16, old age assist-
ance, 409.17, aid to the blind and 409.40, aid to permanently
and totally disabled, as provided in the Florida Statutes, and
to pay such additional allotment for clothing out of the in-
crease as provided under chapter 57-263.
Section 2. The welfare board is further requested to make
this allotment to begin at the earliest possible moment in
order to carry out the intent of the Legislature in awarding an
increase in welfare funds to provide an across-the-board in-
crease to each recipient under the above sections, regardless
of the amount being received at the time this law was effec-
tive on July 1, 1957.
The Speaker ruled that the introduction and consideration
of House Concurrent Resolution No. 51-X would constitute
Legislative business other than that for which the Legislature
was especially convened.
Mr. Beck moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Concurrent Resolution No. 51-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Concurrent Resolution No. 51-X
was admitted for introduction and consideration by the House.
And House Concurrent Resolution No. 51-X was read the
first time in full and referred to the Committee on Appropria-
tions.
Mr. Beck moved that House Concurrent Resolution No. 51-X
be withdrawn from the Committee on Appropriations and
placed on the Calendar.
The motion was agreed to by a two-thirds vote, and House
Concurrent Resolution No. 51-X was ordered withdrawn from
the Committee on Appropriations and placed on the Calendar.
Mr. Beck was given unanimous consent to now consider
House Concurrent Resolution No. 51-X.
Mr. Beck moved that the rules be waived and House Con-
current Resolution No. 51-X be read the second time in full.
The motion was agreed to by a two-thirds vote, and House
Concurrent Resolution No. 51-X was read the second time in
full.
Mr. Beck moved the adoption of the concurrent resolution.
The motion was agreed to, and House Concurrent Resolu-
tion No. 51-X was adopted and ordered certified to the Senate.
Mr. Harris introduced Colonel C. R. Mathis, former Mem-
ber of the House from Holmes County.
Mr. Weinstein introduced Messrs. Jimmy Blanton and C. R.
Donohoe of St. Augustine.
Mr. Manning introduced Mr. Franklin Curry of Ponce de
Leon, Florida, a student at Florida State University.
By Mr. Anderson of Jefferson--
H. B. No. 52-X-A bill to be entitled An Act designating
state road No. 158 between U. S. highway 90 and Lloyd, Florida,
the Lester C. Lawrence highway.
The Speaker ruled that the introduction and consideration
of House Bill No. 52-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.

Mr. Anderson moved that this House determine that it shall
transact the Legislative business of the introduction and
consideration of House Bill No. 52-X.
The motion was agreed to by the required Constitutional

IS

When the vote was taken
result was:
Yeas:
Mr. Speaker Grimes
Alexander Harris
Anderson Hathaway
Arrington Herrell
Askins Hollahan
Ayers Horne
Bartholomew Inman, J. C.
Beasley Inman, W. M.
Beck Johnson
Blank Jones
Carney Kimbrough
Chaires Lancaster
Chappell Livingston
Cleveland Maness
Costin Mann
Crews Manning
Daniel Marshburn
Duncan Mathews
Frederick Mattox
Gibbons McAlpin
Griffin,B.H.,Jr. Mitchell, R. O.
Griffin,J.J.,Jr. Mitchell, Sam
Yeas-85.
Nays-None.

on the passage of the bill the

Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peacock
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders
Shaffer
Sheppard

Shipp
Smith, R. J.
Smith, S. C.
Stewart, C. D.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Vocelle
Wadsworth
Walker
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
By Mr. Walker of Collier-
H. B. No. 53-X-A bill to be entitled An Act relating to the
powers and duties of boards of county commissioners in coun-
ties with a population not less than six thousand three hundred
fifteen (6,315) and not more than six thousand six hundred
ninety (6,690), according to the latest official state-wide de-
cennial census; providing an effective date.
The Speaker ruled that the introduction and consideration of
House Bill No. 53-X would constitute Legislative business other
than that for which the Legislature was especially convened.
Mr. Walker moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 53-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 53-X was admitted for in-
troduction and consideration by the House.
The bill was read the first time by title.
Mr. Walker was given unanimous consent to now consider
House Bill No. 53-X.
Mr. Walker moved that the rules be waived and House Bill
No. 53-X be read a second time by title.

The motion was agreed to by a two-thirds vote and House
Bill No. 53-X was read a second time by title.
Mr. Walker moved that the rules be further waived and

;E OF REPRESENTATIVES Oct. 3, 1957

two-thirds vote, and House Bill No. 52-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title.
Mr. Anderson was given unanimous consent to now con-
sider House Bill No. 52-X.
Mr. Anderson moved that the rules be waived and House
Bill No. 52-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 52-X was read a second time by title.
Mr. Anderson moved that the rules be further waived and
House Bill No. 52-X be read a third in full and placed upon its
passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 52-X was read a third time in full.

House Bill No. 53-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 53-X was read a third time in full.
When the vote was taken on the passage of the bill the result
was:
Yeas:
Mr. Speaker Grimes Muldrew Shipp
Alexander Harris Musselman Smith, R. J.
Anderson Hathaway O'Neill Smith, S. C.
Arrington Herrell Orr Stewart, C. D.
Askins Hollahan Papy Stewart, E. L.
Ayers Horne Patton Stone
Bartholomew Inman, J. C. Peacock Strickland
Beasley Inman, W. M. Peeples Surles
Beck Johnson Petersen Sweeny
Blank Jones Porter Turlington
Carney Kimbrough Pratt Vocelle
Chaires Lancaster Putnal Wadsworth
Chappell Livingston Roberts, C. A. Walker
Cleveland Maness Roberts, E. S. Williams. B.D.
Costin Mann Roberts, H. W. Williams, G.W.
Crews Manning Rowell, E. C. Williams,J.R.A.
Daniel Marshburn Rowell, M H. Wise
Duncan Mathews Russ Youngberg
Frederick Mattox Ryan Zelmenovitz
Gibbons McAlpin Saunders
Griffin,B.H.,Jr. Mitchell, R. O. Shaffer
Griffin,J.J.,Jr. Mitchell, Sam Sheppard
Yeas-85
Nays-None
So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
Mr. Mitchell of Leon asked to be recorded present.
By Mr. Sheppard of Lee-
H. B. No. 54-X-A bill to be entitled An Act relating to Lee
county; creating and establishing a county mosquito control
district excepting therefrom certain territory of said county;
dividing said county into districts for purposes of selecting
members of the board of commissioners; naming the first
board of commissioners of said district and their terms of
office; providing qualifications for said members and the
method and time of elections; prescribing the powers and
duties of said board; setting the compensation of said board;
providing books to be audited and time of meetings; provid-
ing procedure for adopting a budget; granting said board the
power of eminent domain and the power to tax; dissolving the
existing mosquito control districts in said county and trans-
ferring the assets and liabilities of said districts; relieving the
boards of commissioners of said districts of duty; providing
a limitation on actions against the said districts; providing
for a referendum.
The Speaker ruled that the introduction and consideration
of House Bill No. 54-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Sheppard moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 54-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 54-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title.
Mr. Sheppard was given unanimous consent to now consider
House Bill No. 54-X.
Mr. Sheppard moved that the rules be waived and House
Bill No. 54-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 54-X was read a second time by title.

Mr. Sheppard moved that the rules be further waived and

61

House Bill No. 54-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 54-X was read a third time in full.
When the vote was taken on the passage of the bill the
result was:
Yeas:
Mr. Speaker Grimes Muldrew Shipp
Alexander Harris Musselman Smith, R. J.
Anderson Hathaway O'Neill Smith, S. C.
Arrington Herrell Orr Stewart, C. D.
Askins Hollahan Papy Stewart, E. L.
Ayers Horne Patton Stone
Bartholomew Inman, J. C. Peacock Strickland
Beasley Inman, W. M. Peeples Surles
Beck Johnson Petersen Sweeny
Blank Jones Porter Turlington
Carney Kimbrough Pratt Vocelle
Chaires Lancaster Putnal Wadsworth
Chappell Livingston Roberts, C. A. Walker
Cleveland Maness Roberts, E. S. Williams. B.D.
Costin Mann Roberts, H. W. Williams, G.W.
Crews Manning Rowell, E. C. Williams,J.R.A.
Daniel Marshburn Rowell, M H. Wise
Duncan Mathews Russ Youngberg
Frederick Mattox Ryan Zelmenovitz
Gibbons McAlpin Saunders
Griffin,B.H.,Jr. Mitchell, R. O. Shaffer
Griffin,J.J.,Jr. Mitchell, Sam Sheppard

Yeas- 85
Nays- None
So the Bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
By Messrs. Gibbons, Moody and Mann of Hillsborough-
H. B. No. 55-X-A bill to be entitled An Act to authorize
the Board of County Commissioners of Hillsborough County,
Florida, to make an appropriation of Five Thousand ($5,000.-
00) Dollars to MacDonald Training Center Foundation for
capital outlay purposes, either for buildings or equipment,
which will include moving of buildings, and declaring such
appropriation to be for a public county purpose.
The Speaker ruled that the introduction and consideration
of House Bill No. 55-X would constitute Legislative business
other than that for which the Legislature was especially
convened.
Mr. Gibbons moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 55-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 55-X was admitted for
introduction and consideration by the House.

Proof of publication of Notice attached to House Bill No.
55-X.

The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.

And the above bill was read the first time by title.

Mr. Gibbons was given unanimous consent to now consider
House Bill No. 55-X.

Mr. Gibbons moved that the rules be waived and House
Bill No. 55-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 55-X was read a second time by title.
Mr. Gibbons moved that the rules be further waived and
House Bill No. 55-X be read a third time in full and placed
upon its passage.

Oct. 3, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Oct. 3, 1957

The motion was agreed to by a two-thirds vote and House
Bill No. 55-X was read a third time in full.

When the vote was taken
result was:

Yeas:
Mr. Speaker Grimes
Alexander Harris
Anderson Hathaway
Arrington Herrell
Askins Hollahan
Ayers Horne
Bartholomew Inman, J. C.
Beasley Inman, W. M.
Beck Johnson
Blank Jones
Carney Kimbrough
Chaires Lancaster
Chappell Livingston
Cleveland Maness
Costin Mann
Crews Manning
Daniel Marshburn
Duncan Mathews
Frederick Mattox
Gibbons McAlpin
Griffin,B.H.,Jr. Mitchell, R. O.
Griffin,J.J.,Jr. Mitchell, Sam
Yeas- 85

Nays- None

on the passage of the bill the

Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peacock
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders
Shaffer
Sheppard

Shipp
Smith, R. J.
Smith, S. C.
Stewart, C. D.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Vocelle
Wadsworth
Walker
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
By Messrs. Grimes and Pratt of Manatee-

H. B. No. 56-X-A bill to be entitled An Act providing for
annual salaries for the constables in all counties of the State of
Florida, having a population of not less than thirty four thou-
sand six hundred fifty (34,650) nor more than thirty six thou-
sand (36,000) inhabitants according to the last official census;
providing that all fees collected shall be delivered monthly to
the general fund of the counties; providing for the method of
payment; repealing conflicting laws; providing an effective
date.

The Speaker ruled that the introduction and consideration
of House Bill No. 56-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.

Mr. Pratt moved that this House determine that it shall
transact the Legislative business of the introduction and
consideration of House Bill No. 56-X.

The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 56-X was admitted for
introduction and consideration by the House.

The bill was read the first time by title.

Mr. Pratt was given unanimous consent to now consider
House Bill No. 56-X.

Mr. Pratt moved that the rules be waived and House Bill
No. 56-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 56-X was read a second time by title.

Mr. Pratt moved that the rules be further waived and House
Bill No. 56-X be read a third time in full and placed upon
its passage.

The motion was agreed to by a two-thirds vote and House
Bill No. 56-X was read a third time in full.

When the vote was taken on the passage of the bill the
result was:

Yeas:
Mr. Speaker Grimes
Alexander Harris
Anderson Hathaway
Arrington Herrell
Askins Hollahan
Ayers Home
Bartholomew Inman, J. C.
Beasley Inman, W. M.
Beck Johnson
Blank Jones
Carney Kimbrough
Chaires Lancaster
Chappell Livingston
Cleveland Maness
Costin Mann
Crews Manning
Daniel Marshburn
Duncan Mathews
Frederick Mattox
Gibbons McAlpin
Griffin,B.H.,Jr. Mitchell, R. 0.
Griffin,J.J.,Jr. Mitchell, Sam
Yeas-85.

Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peacock
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders
Shaffer
Sheppard

Shipp
Smith, R. J.
Smith, S. C.
Stewart, C. D.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Vocelle
Wadsworth
Walker
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

Nays-None.
So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
By Mr. Saunders of Clay-
H. B. No. 57-X-A bill to be entitled An Act to amend article
III and article VII, section 2, of chapter 6738 of the Laws of
Florida, entitled "An Act to abolish the present municipal gov-
ernment of the town of Orange Park and to organize a com-
mission form of government for said town and to provide for its
jurisdiction and powers," approved May 28, 1913; prohibiting
the sale of municipal real property, with certain exceptions, ex-
cept after a special municipal election; prohibiting the closing
of streets in the municipal limits, if ten or more electors own-
ing real estate in the town of Orange Park object thereto, ex-
cept after a special municipal election; and increasing the total
amount of improvement bonds which may be issued and out-
standing; providing an effective date, according to referendum.
The Speaker ruled that the introduction and consideration of
House Bill No. 57-X would constitute Legislative business other
than that for which the Legislature was especially convened.
Mr. Saunders moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 57-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 57-X was admitted for in-
troduction and consideration by the House.
The bill was read the first time by title.
Mr. Saunders was given unanimous consent to now consider
House Bill No. 57-X.
Mr. Saunders moved that the rules be waived and House Bill
No. 57-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 57-X was read a second time by title.
Mr. Saunders moved that the rules be further waived and
House Bill No. 57-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 57-X was read a third time in full.
When the vote was taken on the passage of the bill was result
was:
Yeas:
Mr. Speaker Ayers Carney Crews
Alexander Bartholomew Chaires Daniel
Anderson Beasley Chappell Duncan
Arrington Beck Cleveland Frederick
Askins Blank Costin Gibbons

62

Oct. 3, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Grimes
Harris
Hathaway
Herrell
Hollahan
Horne
Inman, J. C.
Inman, W. M.
Johnson
Jones
Kimbrough
Lancaster
Livingston
Maness
Mann
Yeas-85
Nays-None

Manning
Marshburn
Mathews
Mattox
McAlpin
Mitchell, R. O.
Mitchell, Sam
Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peacock
Peeples
Petersen
Porter

So the bill passed, title as
ately certified to the Senate.

Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders
Shaffer
Sheppard
Shipp
Smith, R. J.
Smith, S. C.
Stewart, C. D.
Stewart, E. L.

Stone
Strickland
Surles
Sweeny
Turlington
Vocelle
Wadsworth
Walker
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

stated, and was ordered immedi-

By Mr. Saunders of Clay-
H. B. No. 58-X-A bill to be entitled An Act providing for
the creation, organization and administration of an anti-mos-
quito district in the municipality of Orange Park, Florida; pro-
viding for the appointment and election of commissioners of
such district; specifying their rights, powers and duties;
authorizing taxation by such district; authorizing state match-
ing funds; providing for a referendum.
The Speaker ruled that the introduction and consideration
of House Bill No. 58-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Saunders moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 58-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 58-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title.
Mr. Saunders was given unanimous consent to now consider
House Bill No. 58-X.
Mr. Saunders moved that the rules be waived and House
Bill No. 58-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 58-X was read a second time by title.
Mr. Saunders moved that the rules be further waived and
House Bill No. 58-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 58-X was read a third time in full.

When the vote was taken on the passage of the bill the
result was:
Yeas:

Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Bartholomew
Beasley
Beck
Blank
Carney
Chaires
Chappell
Cleveland
Costin
Crews

Daniel
Duncan
Frederick
Gibbons
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Grimes
Harris
Hathaway
Herrell
Hollahan
Home
Inman, J. C.
Inman, W. M.
Johnson
Jones

Kimbrough
Lancaster
Livingston
Maness
Mann
Manning
Marshburn
Mathews
Mattox
McAlpin
Mitchell, R. 0.
Mitchell, Sam
Muldrew
Musselman
O'Neill
Orr

Papy
Patton
Peacock
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders

Shaffer Stewart, E. L. Vocelle Wise
Sheppard Stone Wadsworth Youngberg
Shipp Strickland Walker Zelmenovitz
Smith, R. J. Surles Williams. B.D.
Smith, S. C. Sweeny Williams, G.W.
Stewart, C. D. Turlington Williams,J.R.A.
Yeas-85
Nays-None
So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
By Mr. Saunders of Clay-
H. B. No. 59-X-A bill to be entitled An Act relating to all
counties in the state having a population of not less than
fourteen thousand three hundred (14,300) and not more than
fourteen thousand seven hundred (14,700), according to the
last official state-wide decennial census, in which there ex-
ists a development authority; making property of such de-
velopment authorities immune from any zoning laws; pro-
viding an effective date.
The Speaker ruled that the introduction and consideration
of House Bill No. 59-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Saunders moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 59-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 59-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title.
Mr. Saunders was given unanimous consent to now consider
House Bill No. 59-X.
Mr. Saunders moved that the rules be waiveed and House
Bill No. 59-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 59-X was read a second time by title.
Mr. Saunders moved that the rules be further waived and
House Bill No. 59-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 59-X was read a third time in full.
When the vote was taken on the passage of the bill the
result was:
Yeas:

Mr. Speaker Grimes
Alexander Harris
Anderson Hathaway
Arrington Herrell
Askins Hollahan
Ayers Horne
Bartholomew Inman, J. C.
Beasley Inman, W. M.
Beck Johnson
Blank Jones
Carney Kimbrough
Chaires Lancaster
Chappell Livingston
Cleveland Maness
Costin Mann
Crews Manning
Daniel Marshburn
Duncan Mathews
Frederick Mattox
Gibbons McAlpin
Griffin,B.H.,Jr. Mitchell, R. 0.
Griffin,J.J.,Jr. Mitchell, Sam
Yeas-85.
Nays-None.

Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peacock
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M. H.
Russ
Ryan
Saunders
Shaffer
Sheppard

Shipp
Smith, R. J.
Smith, S. C.
Stewart, C. D.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Vocelle
Wadsworth
Walker
Williams, B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

63

64

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
CONSIDERATION OF MESSAGES FROM THE SENATE
The following messages from the Senate were received and
read:
Tallahassee, Florida
October 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate had admitted for introduction and
consideration by two-thirds vote and passed-
By Senator Dickinson-
S. B. No. 39-X(57)-A bill to be entitled An Act relating to
the Town of Riviera Beach, Palm Beach County, Florida,
ratifying, validating and confirming the annexation of certain
lands in Sections 22, 23, 26 and 27, Township 42 South, Range
43 East, to the Town of Riviera Beach; providing for an effec-
tive date and for other purposes.
Proof of publication attached.
Also-
Admitted for introduction and consideration by two-thirds
vote and passed-
By Senator Dickinson-
S. B. No. 38-X(57)-A bill to be entitled An Act to repeal
C. 57-1773, Special Laws of Florida, Acts of 1957, the same
being an Act relating to the Town of Riviera Beach, Palm
Beach County, Florida, amending the provisions of Section 1
of Chapter 9894, Acts of the Legislature of the State of Florida
of 1923, as amended, renaming and redefining the boundaries
of the town so as to include within the corporate limits of the
town certain additional lands located upon Singer Island and
certain lands in Sections 30 and 31, all in Township 42 South,
Range 43 East, Palm Beach County, Florida.
Proof of publication attached.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
The Speaker ruled that the introduction and consideration
of Senate Bill No. 39-X, contained in the above message, would
constitute Legislative business other than that for which the
Legislature was especially convened.
Mr. Blank moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Bill No. 39-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 39-X was admitted for
introduction and consideration by the House.
Proof of publication of Notice attached to Senate Bill No.
39-X.
The House of Representatives thereupon determined that the
Notice and evidence thereof required by Section 21 of Article
III of the Constitution, has been established in this Legislature.
The bill was read the first time by title.
Mr. Blank was given unanimous consent to now consider
Senate Bill No. 39-X.
Mr. Blank moved that the rules be waived and Senate Bill
No. 39-X be read a second time by title.

The motion was agreed to by a two-thirds vote and Senate
Bill No. 39-X was read a second time by title.
Mr. Blank moved that the rules be further waived and Senate
Bill No. 39-X be read a third time in full and placed upon its

passage.

Oct. 3, 1957

The motion was agreed to by a two-thirds vote and Senate
Bill No. 39-X was read a third time in full.
When the vote was taken on the passage of the bill the
result was:

Yeas:
Mr. Speaker Griffin,J.J.,Jr.
Alexander Grimes
Anderson Harris
Arrington Hathaway
Askins Herrell
Ayers Hollahan
Barron Inman, J. C.
Bartholomew Inman, W. M.
Beasley Johnson
Beck Jones
Blank Kimbrough
Carney Lancaster
Chaires Livingston
Chappell Maness
Cleveland Mann
Costin Manning
Crews Marshburn
Daniel Mathews
Frederick Mattox
Gibbons Mitchell, R. O.
Griffin,B.H.,Jr. Mitchell, Sam
Yeas-82.
Nays-None.

Muldrew
Musselman
O'Neill
Orr
Patton
Peavy
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders
Shaffer
Sheppard

Shipp
Smith, R. J.
Stewart, C. D.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
The Speaker ruled that the introduction and consideration
of Senate Bill No. 38-X, contained in the above message,
would constitute Legislative business other than that for
which the Legislature was especially convened.
Mr. Blank moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Bill No. 38-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 38-X was admitted for
introduction and consideration by the House.
Proof of publication of Notice attached to Senate Bill No.
38-X.
The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article
III of the Constitution, has been established in this Legislature.
The bill was read the first time by title.
Mr. Blank was given unanimous consent to now consider
Senate Bill No. 38-X.
Mr. Blank moved that the rules be waived and Senate Bill
No. 38-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 38-X was read a second time by title.
Mr. Blank moved that the rules be further waived and Senate
Bill No. 38-X be read a third time in full and placed upon
its passage.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 38-X was read a third time in full.

When the vote was taken on the passage of the bill the
result was:

Yeas:
Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Barron
Bartholomew

Beasley
Beck
Blank
Carney
Chaires
Chappell
Cleveland
Costin

Crews Hathaway
Daniel Herrell
Frederick Hollahan
Gibbons Inman, J. C.
Griffin,B.H.,Jr. Inman, W. M.
Griffin,J.J.,Jr. Johnson
Grimes Jones
Harris Kimbrough

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Oct. 3, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Lancaster
Livingston
Maness
Mann
Manning
Marshburn
Mathews
Mattox
Mitchell, R. O.
Mitchell, Sam
Muldrew
Musselman
O'Neill
Yeas-82.

Orr
Patton
Peavy
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.

Russ
Ryan
Saunders
Shaffer
Sheppard
Shipp
Smith, R. J.
Stewart, C. D.
Stone
Strickland
Surles
Sweeny
Turlington

Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

Nays-None.
So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
Tallahassee, Florida,
Oct. 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-
By Senator Boyd-
S. B. No. 43-X(57)-A bill to be entitled An Act repealing
Chapter 57-1482, Laws of Florida, Acts of 1957, relating to
plats and platting; providing for the approval, recording and
vacating of plats and fixing an effective date.
Also
Admitted for introduction and consideration by two-thirds
vote and passed
By Senator Rawls-
S. B. No. 33-X(57)-A bill to be entitled An Act amending
Chapter 361, Florida Statutes, relating to eminent domain
and public utilities, by providing for an additional Section to
be known as Section 361.06, granting the right of eminent
domain and other rights to petroleum and petroleum products
pipeline companies.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
The Speaker ruled that the introduction and consideration
of Senate Bill No. 43-X, contained in the above message, would
constitute Legislative business other than that for which the
Legislature was especially convened.
Mr. Daniel moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Bill No. 43-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 43-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title and ordered placed
on the Calendar of Local Bills.
The Speaker ruled that the introduction and consideration
of Senate Bill No. 33-X, contained in the above message, would
constitute Legislative business other than for which the Legis-
lature was especially convened.
Mr. Duncan moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Bill No. 33-X .
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 33-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title and referred to the
Committee on Public Roads & Highways.

Tallahassee, Florida,
October 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-
By Senator Neblett-
S. B. No. 37-X (57)-A bill to be entitled An Act creating
and establishing the City of Boca Grande, in Lee County,
Florida; to define its boundaries, jurisdiction, powers, priv-
ileges, and immunities; to provide its form of government,
election of officers; to create a municipal court and defining
its powers and jurisdiction, authorizing the assessment and
levying of taxes therein for municipal purposes; to provide
for a referendum election before the act shall take effect;
and other matters necessary in and to the administration of
the affairs of such municipality.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
The Speaker ruled that the introduction and consideration
of Senate Bill No. 37-X, contained in the above message, would
constitute Legislative business other than that for which the
Legislature was especially convened.
Mr. Sheppard moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Bill No. 37-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 37-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title.
Mr. Sheppard was given unanimous consent to now consider
Senate Bill No. 37-X.
Mr. Sheppard moved that the rules be waived and Senate
Bill No. 37-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 37-X was read a second time by title.
Mr. Sheppard moved that the rules be further waived and
Senate Bill No. 37-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 37-X was read a third time in full.
When the vote was taken on the passage of the bill the
result was:

Yeas:
Mr. Speaker Griffin,J.J.,Jr.
Alexander Grimes
Anderson Harris
Arrington Hathaway
Askins Herrell
Ayers Hollahan
Barron Inman, J. C.
Bartholomew Inman, W. M.
Beasley Johnson
Beck Jones
Blank Kimbrough
Carney Lancaster
Chaires Livingston
Chappell Maness
Cleveland Mann
Costin Manning
Crews Marshburn
Daniel Mathews
Frederick Mattox
Gibbons Mitchell, R. 0.
Griffin,B.H.,Jr. Mitchell, Sam
Yeas-82
Nays-None

Muldrew
Musselman
O'Neill
Orr
Patton
Peavy
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders
Shaffer
Sheppard

Shipp
Smith, R. J.
Stewart, C. D.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Wenstemn
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

65

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
Tallahassee, Florida,
October 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-
By Senator Pope-
S. B. No. 36-X(57-A bill to be entitled An Act relating to the
taking and sale of live shrimp for bait purposes by fishing
camp operators in counties having a population of not less
than 23,675 and not more than 26,500 according to the latest
official census; providing for permits to use certain size nets;
providing fees be paid the board of conservation for permit;
providing for revocation and providing penalty and effective
date.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
The Speaker ruled that the introduction and consideration
of Senate Bill No. 36-X, contained in the above message, would
constitute Legislative business other than that for which the
Legislature was especially convened.
Mr. Usina moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Bill No. 36-X.
The motion was agreed to by the required Constitutional two-
thirds vote, and Senate Bill No. 36-X was admitted for intro-
duction and consideration by the House.
The bill was read the first time by title.
Mr. Usina was given unanimous consent to now consider Sen-
ate Bill No. 36-X.
Mr. Usina moved that the rules be waived and Senate Bill No.
36-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 36-X was read a second time by title.
Mr. Usina moved that the rules be further waived and Senate
Bill No. 36-X be read a third time in full and placed upon its
passage.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 36-X was read a third time in full.

When the vote was taken on the passage of the bill the result
was:

Yeas:
Mr. Speaker Griffin,J.J.,Jr.
Alexander Grimes
Anderson Harris
Arrington Hathaway
Askins Herrell
Ayers Hollahan
Barron Inman, J. C.
Bartholomew Inman, W. M.
Beasley Johnson
Beck Jones
Blank Kimbrough
Carney Lancaster
Chaires Livingston
Chappell Maness
Cleveland Mann
Costin Manning
Crews Marshburn
Daniel Mathews
Frederick Mattox
Gibbons Mitchell, R. 0.
Griffin,B.H.,Jr. Mitchell, Sam

Muldrew Shipp
Musselman Smith, R. J.
O'Neill Stewart, C. D.
Orr Stone
Patton Strickland
Peavy Surles
Peeples Sweeny
Petersen Turlington
Porter Usina
Pratt Vocelle
Putnal Wadsworth
Roberts, C. A. Walker
Roberts, E. S. Weinstein
Roberts, H. W. Williams. B.D.
Rowell, E. C. Williams, G.W.
Rowell, M H. Williams,J.R.A.
Russ Wise
Ryan Youngberg
Saunders Zelmenovitz
Shaffer
Sheppard

Oct. 3, 1957

Yeas-82
Nays-None
So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
Tallahassee, Florida,
October 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-
By Senator Beall-
S. B. No. 31-X(57)-A bill to be entitled "An Act creating
Quadricentennial Commission of Pensacola: providing for the
organization thereof and the appointment, removal and duties
of its directors, who will be known as Commissioners; granting
certain powers and authority to such commission and provid-
ing for the duties of the officers and employees thereof; finding
certain facts to exist and authorizing said Commission to pro-
mote, sponsor and operate a quadricentennial public celebra-
tion in Escambia County, commemorating the 400th anniver-
sary of the establishment of a Spanish colony in Pensacola,
Florida; authorizing the acquisition, purchase, construction,
operation, lease and sale of property of all kinds and facilities;
authorizing the improvement and development of lands on
Santa Rosa Island and of transportation thereto; authorizing
the execution of instruments and agreements with persons,
firms, corporations, municipal corporations, the State of Flor-
ida and the Board of County Commissioners of Escambia Coun-
ty and any Departments or Agencies of said State or Coun-
ty; authorizing the issuance of promissory notes, debentures,
revenue bonds, certificates of indebtedness, time warrants and
other evidences of indebtedness or obligations and providing for
the terms and provisions to be contained therein; providing
that such promissory notes, debentures, revenue bonds, certifi-
cates of indebtedness, time warrants and other evidences of in-
debtedness or obligations are securities in which funds belong-
ing to or under the control of the state, municipalities, counties,
insurance companies and associations, savings banks and bank-
ing institutions, including savings and loan associations, ad-
ministrators, guardians, executors, trustees, and other fiduci-
aries, may be legally invested; providing that the officers and
employees of the Commission shall not be subject to civil service
rules and regulations nor to provisions of law relating to con-
tracts by public bodies, and repealing all conflicting legislation."
Proof of publication attached.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT.. W. DAVIS,
Secretary of the Senate.
The Speaker ruled that the introduction and consideration
of Senate Bill No. 31-X, contained in the above message, would
constitute Legislative business other than that for which the
Legislature was especially convened.
Mr. Stone moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Bill No. 31-X.
The motion was agreed to by the required Constitutional two-
thirds vote, and Senate Bill No. 31-X was admitted for intro-
duction and consideration by the House.
Proof of publication of Notice attached to Senate Bill No.
31-X.

The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article
III of the Constitution, has been established in this Legislature.
The bill was read the first time by title.
Mr. Stone was given unanimous consent to now consider
Senate Bill No. 31-X.

66

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Mr. Stone moved that the rules be waived and Senate Bill No.
31-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate Bill
No. 31-X was read a second time by title.
Mr. Stone moved that the rules be further waived and Senate
Bill No. 31-X be read a third time in full and placed upon its
passage.
The motion was agreed to by a two-thirds vote and Senate
Bill 1No. 31-X was read a third time in full.
When the vote was taken on the passage of the bill the result
was:

Yeas:
Mr. Speaker Griffin,J.J.,Jr.
Alexander Grimes
Anderson Harris
Arrington Hathaway
Askins Herrell
Ayers Hollahan
Barron Inman, J. C.
Bartholomew Inman, W. M.
Beasley Johnson
Beck Jones
Blank Kimbrough
Carney Lancaster
Chaires Livingston
Chappell Maness
Cleveland Mann
Costin Manning
Crews Marshburn
Daniel Mathews
Frederick Mattox
Gibbons Mitchell, R. O.
Griffin,B.H.,Jr. Mitchell, Sam
Yeas-82
Nays-None

Muldrew
Musselman
O'Neill
Orr
Patton
Peavy
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders
Shaffer
Sheppard

Shipp
Smith, R. J.
Stewart, C. D.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
Tallahassee, Florida,
October 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-
By Senator Beall-
S. B. No. 30-X (57)-A Bill to be entitled "An Act to declare
that all of the powers conferred upon the Quadricentennial
Commission of Pensacola by law, and the exercise of such
powers, or any of them, to be county purposes and to exempt
from state, county, municipal and all other ad valorem taxes,
all of the real and personal property owned, controlled or used
by said Quadricentennial Commission of Pensacola under or
by virtue of any law and for any of the purposes authorized
by any law, including real and personal property occupied,
rented or leased to others by said Quadricentennial Commis-
sion of Pensacola; providing for a referendum election to de-
termine whether the act shall become a law."
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
The Speaker ruled that the introduction and consideration
of Senate Bill No. 30-X, contained in the above message, would
constitute Legislative business other than that for which the
Legislature was especially convened.
Mr. Stone moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Bill No. 30-X,

67

The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 30-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title.
Mr. Stone was given unanimous consent to now consider
Senate Bill No. 30-X.
Mr. Stone moved that the rules be waived and Senate Bill
No. 30-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 30-X was read a second time by title.
Mr. Stone moved that the rules be further waived and
Senate Bill No. 30-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 30-X was read a third time in full.
When the vote was taken on the passage of the bill the
result was:

Yeas:
Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Barron
Bartholomew
Beasley
Beck
Blank
Carney
Chaires
Chappell
Cleveland
Costin
Crews
Daniel
Frederick
Gibbons
Griffin,B.H.,Jr.
Yeas-82
Nays-None

Griffin,J.J.,Jr.
Grimes
Harris
Hathaway
Herrell
Hollahan
Inman, J. C.
Inman, W. M.
Johnson
Jones
Kimbrough
Lancaster
Livingston
Maness
Mann
Manning
Marshburn
Mathews
Mattox
Mitchell, R. O.
Mitchell, Sam

Muldrew
Musselman
O'Neill
Orr
Patton
Peavy
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders
Shaffer
Sheppard

Shipp
Smith, R. J.
Stewart, C. D.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.

The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:

Tallahassee, Florida,
October 3, 1957

I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-
By Senator Beall-
S. B. No. 29-X(57)- A Bill to be entitled "An Act authoriz-
ing the City of Pensacola to amend its budget for the fiscal
year of 1957-1958 at any time prior to October 1, 1958, so as
to include an appropriation for an amount not to exceed
$10,000 to be used as a contribution by the city to the Quadri-
centennial Commission of Pensacola and to make such contri-
bution notwithstanding the fact that such appropriation and
contribution may result in a budgetary or actual deficit for the
fiscal year of 1957-1958 to the extent of such appropriation
and contribution: all laws and parts of laws in conflict here-
with be and the same are hereby repealed."
Proof of Publication attached.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.

Oct. 3, 1957

The Speaker ruled that the introduction and consideration
of Senate Bill No. 29-X, contained in the above message, would
constitute legislative business other than that for which
the Legislature was especially convened.
Mr. Stone moved that this House determine that it shall
transact the Legislative business of introduction and con-
sideration of Senate Bill No. 29-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 29-X was admitted for
introduction and consideration by the House.
Proof of publication of Notice attached to Senate Bill No.
29-X.
The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article
III of the Constitution, has been established in this Legislature.
The bill was read the first time by title.
Mr. Stone was given unanimous consent to now consider
Senate Bill No. 29-X.
Mr. Stone moved that the rules be waived and Senate
Bill No. 29-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 29-X was read a second time by title.
Mr. Stone moved that the rules be further waived and
Senate Bill No. 29-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 29-X was read a third time in full.

When the vote was taken on the passage
result was:

Yeas:
Mr. Speaker Griffin,J.J.,Jr.
Alexander Grimes
Anderson Harris
Arrington Hathaway
Askins Herrell
Ayers Hollahan
Barron Inman, J. C.
Bartholomew Inman, W. M.
Beasley Johnson
Beck Jones
Blank Kimbrough
Carney Lancaster
Chaires Livingston
Chappell Maness
Cleveland Mann
Costin Manning
Crews Marshburn
Daniel Mathews
Frederick Mattox
Gibbons Mitchell, R. O.
Griffin,B.H.,Jr. Mitchell, Sam
Yeas- 82
Nays- None

Muldrew
Musselman
O'Neill
Orr
Patton
Peavy
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders
Shaffer
Sheppard

of the bill the

Shipp
Smith, R. J.
Stewart, C. D.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
Tallahassee, Florida
October 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.....
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-

By Senator Beall-
S. B. No. 28-X(57)-A Bill to be entitled "An Act author-
izing, empowering and requiring the City of Pensacola to levy
a tax for the purpose of aiding, promoting and sponsoring
the quadricentennial celebration of 1959 and to contribute

Oct. 3, 1957

and donate funds and to loan and advance to the quadri-
centennial commission of Pensacola, or its duly authorized
nominee or successor, so as to provide in part for the develop-
ment of public properties and to partly defray the cost of
the public celebration of the 400th anniversary of the establish-
ment of a Spanish colony at Pensacola, Florida; authorizing
the execution of instruments and agreements for the contri-
bution of specified funds to such commission for certain per-
iods; authorizing the issuance of notes, time warrants and
certificates of indebtedness in anticipation of the receipt of
taxes to be levied and collected hereunder; providing that
such notes, time warrants and certificates are securities in
which funds belonging to or under the control of the state,
municipalities, counties, insurance companies and associa-
tions, savings banks and banking institutions, including savings
and loan associations, administrators, guardians, executors,
trustees, and other fiduciaries, may be legally invested, and
providing that such act shall not become effective unless
ratified by a majority of the qualified electors of the City of
Pensacola participating in a special election which shall be
called and held as herein provided; providing for the appoint-
ment of election officials and that such special election may be
held without limitation on any date designated by the City
Council; providing for a canvass of the votes cast at said
election, and the effective date of this act, and repealing Chap-
ter 57-1719, Florida Statutes (Senate Bill S1274) and all
conflicting legislation."
Proof of publication attached.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
The Speaker ruled that the introduction and consideration
of Senate Bill No. 28-X, contained in the above message, would
constitute Legislative business other than that for which the
Legislature was especially convened.
Mr. Stone moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Bill No. 28-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 28-X was admitted for
introduction and consideration by the House.
Proof of publication of Notice attached to Senate Bill No.
28-X.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
The bill was read the first time by title.
Mr. Stone was given unanimous consent to now consider
Senate Bill No. 28-X.
Mr. Stone moved the the rules be waived and Senate Bill
No. 28-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 28-X was read a second time by title.
Mr. Stone moved that the rules be further waived and
Senate Bill No. 28-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 28-X was read a third time in full.
When the vote was taken on the passage of the bill the
result was:
Yeas:
Mr. Speaker Bartholomew Cleveland Griffin,J.J.,Jr.
Alexander Beasley Costin Grimes
Anderson Beck Crews Harris
Arrington Blank Daniel Hathaway
Askins Carney Frederick Herrell
Ayers Chaires Gibbons Hollahan
Barron Chappell Griffin,B.H.,Jr. Inman, J. C.

68

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Oct. 3, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Inman, W. M.
Johnson
Jones
Kimbrough
Lancaster
Livingston
Maness
Mann
Manning
Marshburn
Mathews
Mattox
Mitchell, R. O.
Mitchell, Sam

Muldrew
Musselman
O'Neill
Orr
Patton
Peavy
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.

Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders
Shaffer
Sheppard
Shipp
Smith, R. J.
Stewart, C. D.
Stone
Strickland
Surles
Sweeny

Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

Yeas-82.
Nays-None.
So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
Tallahassee, Florida,
October 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-
By Senator Brackin-
S. B. No. 25-X (57)-A Bill to be entitled An Act repealing
chapter 57-1623, reassessing taxes in all counties of the state
having a population of not less than twenty seven thousand
(27,000) nor more than twenty eight thousand (28,000) ac-
cording to the latest official state-wide decennial census; pro-
viding an effective date.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
The Speaker ruled that the introduction and consideration
of Senate Bill No. 25-X, contained in the above message,
would constitute Legislative business other than that for which
the Legislature was especially convened.
Mr. Wise moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Bill No. 25-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 25-X was admitted for
introduction and consideration by the House.

The bill was read the first time by title.
Mr. Wise was given unanimous consent to now consider
Senate Bill No. 25-X.
Mr. Wise moved that the rules be waived and Senate Bill
No. 25-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill N1o. 25-X was read a second time by title.

Mr. Wise moved that the rules be further waived and Senate
Bill No. 25-X be read a third time in full and placed upon its
passage.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 25-X was read a third time in full.
When the vote was taken on the passage of the bill the
result was:
Yeas:

Mr. Speaker
Alexander
Anderson
Arrington

Askins
Ayers
Barron
Bartholomew

Beasley
Beck
Blank
Carney

Chaires
Chappell
Cleveland
Costin

Crews
Daniel
Frederick
Gibbons
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Grimes
Harris
Hathaway
Herrell
Hollahan
Inman, J. C.
Inman, W. M.
Johnson
Jones
Kimbrough
Lancaster

Yeas-82

Nays-None

Livingston
Maness
Mann
Manning
Marshburn
Mathews
Mattox
Mitchell, R. O.
Mitchell, Sam
Muldrew
Musselman
O'Neill
Orr
Patton
Peavy
Peeples
Petersen

Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M H.
Russ
Ryan
Saunders
Shaffer
Sheppard
Shipp
Smith, R. J.
Stewart, C. D.
Stone

So the bill passed, title as stated, and was
ately certified to the Senate.

Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams. B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

ordered immedi-

Tallahassee, Florida,
October 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.

Sir:

I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-

By Senator Beall-
S. B. No. 27-X(57)-A Bill to be entitled "An Act authori-
zing, empowering and requiring the Board of County Com-
missioners of Escambia County, Florida, to levy a tax for the
purpose of aiding, promoting and sponsoring the quadricen-
tennial celebration of 1959 and to contribute and donate funds
and to loan and advance to the Quadricentennial Commis-
sion of Pensacola, or its duly authorized nominee or successor,
so as to provide in part for the development of public proper-
ties and to partly defray the cost of the public celebration of
the 400 anniversary of the establishment of a Spanish colony
at Pensacola, Florida; authorizing the execution of instruments
and agreements for the contribution of specified funds to such
commission for certain periods; authorizing the issuance of
notes, time warrants and certificates of indebtedness in anti-
cipation of the receipt of taxes to be levied and collected
hereunder; authorizing the Board of County Commissioners
of Escambia County, Florida, on behalf of said county, to
accept transfers of personal property and conveyances or real
property on Santa Rosa Island lying west of the properties
now owned by said county including improvements thereon,
and in event of the acceptance of any such conveyance, re-
quiring said board, after all indebtedness of the Quadricen-
tennial Commission has been paid, to pro-rate between Escam-
bia County and the City of Pensacola, according to the amounts
contributed to the Quadricentennial Commission of Pensacola
by each, until the City of Pensacola has been reimbursed in
full for any contribution made to the Quadricentennial Com-
mission of Pensacola, the net revenues accruing to the county
from any properties acquired under the provisions of this
Act from the Quadricentennial Commission of Pensacola or
the State of Florida, (and after such reimbursement all net
revenues) shall inure to the benefit of Escambia County,
Florida; providing that such notes, time warrants and certi-
ficates are securities in which funds belonging to or under the
control of the state, municipalities, counties, insurance com-
panies and associations, savings banks and banking institu-
tions, including savings and loan associations, administrators,
guardians, executors, trustees, and other fiduciaries, may be
legally invested, and providing that such Act shall not become
effective unless ratified by a majority of the qualified electors
of the County of Escambia participating in a special election
which shall be called and held as herein provided; providing
for the appointment of election officials and that such special
election may be held without limitation on any date designated
by the Board of County Commissioners; providing for a canvass
of the votes cast at said election, and the effective date of

69

JOURNAL OF THE HOUSE OF REPRESENTATIVES

this Act, and repealing Chapter 57-1311, Florida Statutes
(Senate Bill S 1273) and all conflicting legislation."
Proof of publication attached.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate
The Speaker ruled that the introduction and consideration of
Senate Bill No. 27-X, contained in the above message, would
constitute Legislative business other than that for which the
Legislature was especially convened.
Mr. Stone moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Bill No. 27-X.
The motion was agreed to by the required Constitutional two-
thirds vote, and Senate Bill No. 27-X was admitted for intro-
duction and consideration by the House.
Proof of publication of Notice attached to Senate Bill No.
27-X.
The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article III
of the Constitution, has been established in this Legislature.
The bill was read the first time by title.
Mr. Stone was given unanimous consent to now consider Sen-
ate Bill No. 27-X.
Mr. Stone moved that the rules be waived and Senate Bill
No. 27-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 27-X was read a second time by title.
Mr. Stone moved that the rules be further waived and Senate
Bill No. 27-X be read a third time in full and placed upon
its passage.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 27-X was read a third time in full.
When the vote was taken on the bill the result was:

Yeas:
Mr. Speaker Griffin,J.J.,Jr.
Alexander Grimes
Anderson Harris
Arrington Hathaway
Askins Herrell
Ayers Hollahan
Barron Inman, J. C.
Bartholomew Inman, W. M.
Beasley Johnson
Beck Jones
Blank Kimbrough
Carney Lancaster
Chairiies Livingston
Chappell Maness
Cleveland Mann
Costin Manning
Crews Marshburn
Daniel Mathews
Frederick Mattox
Gibbons Mitchell, R. 0.
Griffin,B.H.,Jr. Mitchell, Sam
Yeas-82
Nays-None

Muldrew
Musselman
O'Neill
Orr
Patton
Peavy
Peeples
Pete sien
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M. H.
Russ
Ryan
Saunders
Shaffer
Sheppard

Shipp
Smith, R. J.
Stewart, C. D.
Stone
Strickland
Surles
Sweeny
Turlington

Vocelle
Wadsworth
Walker
Weinstein
Williams, B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the bill passed, title as stated, and was ordered im-
mediately certified to the Senate.
Tallahassee, Florida,
October 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Rep-

Oct. 3, 1957

resentatives that the Senate has admitted for introduction
and consideration by two-thirds vote and passed-
By Senator Beall-
S. B. No. 26-X(57)-A bill to be entitled "An Act authorizing
the granting of leaves of absence, for a period not to exceed
a total of eighteen months, to employees of Escambia County,
Florida, and employees of any municipality therein in order to
permit such employees to perform services for the quadricen-
tennial commission of Pensacola; providing that such leaves of
absence when granted shall be without prejudice to the civil
service status, seniority, compensation, retirement or pension
rights or any other rights of such employees under any law in
effect and providing for the effective date of this act, if ap-
proved at a referendum election authorized hereafter to be
called and held."
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
The Speaker ruled that the introduction and consideration
of Senate Bill No. 26-X, contained in the above message,
would constitute Legislative business other than that for which
the Legislature was especially convened.
Mr. Stone moved that this House determine that it shall
transact the Legislative business of the introduction and
consideration of Senate Bill No. 26-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 26-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title.
Mr. Stone was given unanimous consent to now consider
Senate Bill No. 26-X.
Mr. Stone moved that the rules be waived and Senate Bill
No. 26-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 26-X was read a second time by title.
Mr. Stone moved that the rules be further waived and Senate
Bill No. 26-X be read a third time in full and placed upon its
passage.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 26-X was read a third time in full.
When the vote was taken on the passage of the bill the result
was:

Yeas:
Mr. Speaker Griffin,J.J.,Jr.
Alexander Grimes
Anderson Harris
Arrington Hathaway
Askins Herrell
Ayers Hollahan
Barron Inman, J. C.
Bartholomew Inman, W. M.
Beasley Johnson
Beck Jones
Blank Kimbrough
Chaires Lancaster
Carney Livingston
Chappell Maness
Cleveland Mann
Costin Manning
Crews Marshburn
Daniel Mathews
Frederick Mattox
Gibbons Mitchell, R. 0.
Griffin,B.H.,Jr. Mitchell, Sam
Yeas-82
Nays-None

Muldrew
Musselman
O'Neill
Orr
Patton
Peavy
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M. H.
Russ
Ryan
Saunders
Shaffer
Sheppard

Shipp
Smith, R. J.
Stewart, C. D.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams, B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zeimenovitz

So the bill passed, title as stated, and was ordered im-
mediately certified to the Senate.

70

JOURNAL OF THE HOUSI

Tallahassee, Florida,
October 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed by the required consti-
tutional three-fifths vote of all members elected to the Sen-
ate for the 1957 Extraordinary Session of the Florida Legis-
lature-
By Senators Johnson, Rawls, Davis and Adams-
SENATE JOINT RESOLUTION NO. 6-X(57) A JOINT
RESOLUTION PROPOSING REVISION OF ARTICLE II OF
THE CONSTITUTION OF THE STATE OF FLORIDA.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article II of
the Constitution of Florida is hereby agreed to and shall be
submitted to the electors of Florida for ratification or rejec-
tion at an election to be held as provided at this session of
the legislature, that is to say:
ARTICLE II
GENERAL PROVISIONS
Section 1. Rules of construction.-Unless qualified in the
text the following rules of construction shall apply to this
constitution:
(a) "Herein" refers to the entire constitution.
(b) The singular includes the plural.
(c) The masculine includes the feminine and the neuter.
(d) "Vote of the electors" means the vote of the majority
of those voting on the matter in an election, general or special,
in which those participating are limited to the qualified elec-
tors of the governmental unit referred to in the text.
(e) Vote or other action of a legislative house or other
governmental body means the vote or action of a majority or
other specified percentage of those members voting on the
matter; the vote or other action "of the membership" means
the vote or action of all members thereof.
(f) Titles and subtitles shall not be used in construction.
Section 2. Branches of government.-The powers of the
state government shall be divided into the Legislative, Execu-
tive, and Judicial branches. No person properly belonging to
one branch shall exercise any powers appertaining to either of
the other branches unless expressly provided herein.
Section 3. State boundaries.-The state boundaries are:
Begin at the mouth of the Perdido River, which for the pur-
poses of this description is defined as the point where latitude
30016'53" north and longitude 87031'06" west intersect; thence
to the point where latitude 30017'02" north and longitude
8731'06" west intersect; thence to the point where latitude
30018'00" north and longitude 8727'08" west intersect; thence
to the point where the center line of the Intracoastal Canal
(as the same existed on June 12, 1953) and longitude 8727'00"
west intersect; the same being in the middle of the Perdido
River; thence up the middle of the Perdido River to the point
where it intersects the south boundary of the State of Ala-
bama, being also the point of intersection of the middle of the
Perdido River with latitude 31000'00" north; thence east, along
the south boundary line of the State of Alabama, the same
being latitude 31000'00", north to the middle of the Chatta-
hoochee River; thence down the middle of said river to its
confluence with the Flint River; thence in a straight line to
the head of the St. Marys River; thence down the middle of
said river to the Atlantic Ocean, and extending therein to a
point three geographic miles from the Florida coast line,
meaning the line of ordinary low water along that portion of
the coast which is in direct contact with the open sea and the
line marking the seaward limit of inland waters; thence south-
eastwardly following a line three geographic miles distant from
the Atlantic coast line of the state and three leagues distant

Oct. 3, 1957

such Tuesday for the unexpired portion of the term, and one
appointed to fill a vacancy in elective office shall serve until
his elected successor takes office. An appointive officer whose
term is not fixed by law shall serve at the pleasure of the
appointing authority. Each public officer shall continue in
office until his successor qualifies.

E OF REPRESENTATIVES 71

from the Gulf of Mexico coast line of the state to and around
the Tortugas Islands; thence northeastwardly, three leagues
distant from the coast line of the island of Dry Tortugas, to
a point three leagues distant from the coast line of the main-
land; thence north and northwestwardly, three leagues dis-
tant from the coast line, to a point west of the mouth of the
Perdido River, three leagues from the coast line, as measured
on a line bearing 001'00" west from the point of beginning;
thence along said line to the point of beginning.
The legislature may extend the coastal boundaries to such
limits as the laws of the United States or international law
may permit.
Section 4. Seat of government-location of offices.-The
seat of government shall be the City of Tallahassee, in Leon
County, where the offices of the executive officers and of the
supreme court shall be maintained; provided, when necessary
because of invasion or grave emergency the governor by procla-
mation may for the period necessary transfer the seat of
government to another place. Administrative agencies shall
maintain their offices at the places prescribed by law.
Section 5. State seal and flag.-The design of the great
seal and flag of the state shall be prescribed by the legislature.
Section 6. Felony-definition.-The term "felony" as used
herein and in the laws of this state shall mean any criminal
offense that is punishable under the laws of this state, or
that would be punishable if committed in this state, by death
or by imprisonment in the state penitentiary.

Section 7. Census.-The latest state-wide decennial federal
census shall be the official state census and shall be cited in
all laws based on population and for reapportionment of repre-
sentation. County or district censuses may be taken for all
other purposes as provided by law.
Section 8. Public officers-methods of selection-qualifica-
tions-residence and other limitations-appointment-vacancy
--refusal of confirmation-term-duties and personal atten-
tion thereto--oath-bond-payment of compensation. The
legislature shall provide for election by the people or appoint-
ment by the governor of each state or county officer if the
method of his selection is not provided herein, and except as
provided herein it shall prescribe his qualifications, method
of election, duties, powers, term, and compensation, and also
the membership of each board or commission. Each public
officer shall maintain his residence within the area from which
selected whenever election or appointment from a designated
area is required by law. No person holding or exercising the
functions of any office under a foreign government, the United
States, or another state, shall hold any office of honor or profit
under the government of this state. No person shall at the
same time hold or perform the functions of more than one
office under the government of this state; provided, notaries
public and military officers may be elected or appointed to
fill any single legislative, executive, or judicial office.
Except as provided herein and as may be provided by law
for selection of jury commissioners, the governor shall make
all appointments to each state or county appointive office and
shall fill each vacancy in office. Vacancy occurs upon death,
failure to qualify within fifteen days from commencement
of the term of office to which elected, or, after qualification,
upon removal, impeachment, resignation, succession to an-
other office, failure to maintain residence within the area from
which selected, or unexplained absence for six months. If
confirmation of appointment to an office is required and the
senate disapproves the appointment, the person proposed shall
be ineligible for appointment to that office for four years
from refusal of confirmation.
Except as provided herein no term of office shall exceed four
years and the term of each elective officer shall commence
at noon, standard time at the seat of office, on the first Tues-
day after the first Monday in January following the election.
An officer elected to fill a vacancy shall serve from noon on

72 JOURNAL OF THE HOU

Each public officer or agency shall perform the duties pre-
scribed herein, and all except the governor shall perform all
other duties prescribed by law. Each public officer shall de-
vote personal attention to the duties of his office. Each
legislator shall take the following oath of office on the first
day of the next session of the legislature following his election
but upon election shall be qualified to participate in all interim
legislative activities, and each other public officer before tak-
ing office shall swear or affirm: "I do solemnly swear [or
affirm] that I will support, protect, and defend the Constitu-
tion and Government of the United States and of the State
of Florida; that I am duly qualified to hold office under the
Constitution of the State; and that I will well and faithfully
perform the duties of [title of office] on which I am now
about to enter. So help me God."
Each public officer shall give bond as provided by law and
shall not be surety upon the official bond of another public
officer. His compensation shall be payable monthly on his
own requisition.
Section 9. Property of married women.-All property of
a wife owned before or acquired after marriage shall be her
separate property and shall not be liable for the debts of her
husband without her written consent executed according to
law governing conveyance of the subject property.
Section 10. Suits against public bodies-extra compensation
-claim bills.-The legislature may provide by general law for
suits against the state or any public body therein.
No extra compensation shall be paid to any officer, agent,
or employee after the service is rendered, or to any contractor
except in accordance with the terms of the contract. No
money shall be appropriated for or paid on any claim not
specifically identified and provided for by law in force when
the claim accrues unless the compensation or claim has been
allowed by bill passed by two thirds of the members elected
to each house of the legislature.
Section 11. Civil actions-restrictions on statutes of limita-
tion.- The time for bringing a civil action on any existing
cause of action shall not be reduced without providing a
reasonable period for bringing it.
Section 12. Criminal statutes-repeal or modification. -
Repeal or amendment of a criminal statute shall not affect
prosecution or punishment for any crime committed prior
thereto.
Section 13. Amendments to United States constitution-
prerequisite to state action.-No state convention or legislature
shall take action on any proposed amendment to the constitu-
tion of the United States unless a majority of the members
thereof shall have been elected after its submission to the
states.
Section 14. Lotteries prohibited.-All lotteries are pro-
hibited.
Section 15. Miscegenation prohibited.-Marriage between
a white person and a person of negro descent through the
fourth generation is prohibited.
Section 16. Effective date of this Article.--This article
is one of a group of fourteen amendments proposed at the
same session of the legislature and submitted to the electors
at the same election, and it shall not become effective or a
part of the constitution unless the electors adopt simultane-
ously with this article the amendments constituting respectively
the Preamble and Articles I, III, IV, and VI through XIV.
This section is an integral part of this article and the entire
article shall be invalid if this section is held invalid.

Section 2. The legislature finds as as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would
be impracticable to have the provisions of any of them be-
come operative unless all of them are presented at the same
election and are adopted threat, and that the constitutional

amendment proposed in this joint resolution should not be-
come effective unless the electors adopt each of said fourteen
proposed amendments at the same election.
Section 3. The secretary of state is directed to prepare

Is

time of such acquisition, to be rated upon the basis of the
assessed value of all property subject to taxation within such
acquired territory.
Section 4. Location of county offices-public records.-The
principal offices and permanent records of all county officers

--- -- I -

SE OF REPRESENTATIVES Oct. 3, 1957

ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may
by a single vote cast his vote for approval or rejection of all
of them and also in such manner that each elector may, in
the alternative, cast his vote for approval or rejection of any
one of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not
become effective. This entire resolution shall not become ef-
fective if any portion thereof is held invalid.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
And Senate Joint Resolution No. 6-X, contained in the
above message, was read the first time in full and referred to
the Committee on Constitutional Amendments.
Tallahassee, Florida,
October 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Rep-
resentatives that the Senate has passed by the required con-
stitutional three-fifths vote of all members elected to the
Senate for the 1957 Extraordinary Session of the Florida Leg-
islature:
By Senators Johnson, Rawls, Davis and Adams-
Senate Joint Resolution No. 9-X(57) :
A JOINT RESOLUTION PROPOSING REVISION OF
ARTICLE VII OF THE CONSTITUTION OF THE STATE
OF FLORIDA.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. The following proposed revision of Article VII
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or re-
jection at an election to be held as provided at this session
of the legislature, that is to say:
ARTICLE VII
LOCAL GOVERNMENT
Section 1. Counties-municipalities-special districts-pow-
ers and functions.-All powers of local government shall be
exercised by counties, municipalities, and special districts, and
shall be limited to those delegated herein or by the legislature.
They shall also perform such state functions as the legislature
may provide.
Section 2. Counties as political subdivisions-county seats.
--The state shall be divided into political subdivisions called
counties. The counties and their respective county seats as
now established are recognized, and no county seat may be
changed except by vote of the electors; provided, in the forma-
tion of new counties the county seat may be temporarily es-
tablished by law.
Section 3. Establishment of new counties.--The legislature
shall have power to establish new counties and to change
county lines. Every newly established county shall be held
liable for its proportion of the then existing liabilities of the
county or counties from which it shall be formed, rated upon
the basis of the assessed value of the property, both real and
personal, subject to taxation within the territory taken from
any county or counties; and every county acquiring additional
territory from another county shall be held liable for its pro-
portion of the liabilities of such other county existing at the

JOURNAL OF THE HOUW

shall be at the county seat; provided, by vote of the electors,
branch offices for the conduct of county business and facilities
for court proceedings may be established elsewhere in the coun-
ty. No instrument shall be deemed recorded until filed in the
proper office at the county seat.
Section 5. (a) Commissioner districts-decennial revision-
county commission.-Each county shall be divided into five
commissioner districts numbered consecutively, and its gov-
erning body shall be a Board of County Commissioners, con-
sisting of five members, one from each commissioner district.
Upon certification of each decennial federal census the board
of county commissioners shall forthwith revise the boundaries
of the commissioner districts so that according thereto they
will be approximately equal in population, giving consideration
to geographic area.
(b) County officers-selection-term of office.-The follow-
ing officers shall be elected by and from among the electors of
each county for a term of four years: one member of the
board of county commissioners from each commissioner dis-
trict, one member of the County School Board from each
commissioner district unless otherwise provided by law, County
Judge or Judges as provided herein, Clerk of the Circuit Court,
Sheriff, Tax Assessor, Tax Collector, County School Superin-
tendent, and Supervisor of Registration; provided, by local or
general law subject to the approval of the electors of any
county, each member of the board of county commissioners and
of the county school board shall be elected by and from
among the electors of the district within which he resides
and qualifies for office. Each member of the board of county
commissioners and of the county school board shall reside In
the district from which elected. Successors to those members
of the board of county commissioners representing odd-num-
bered districts and of the county school board representing
even-numbered districts shall be elected in 1960, and succes-
sors to those representing respectively even-numbered districts
and odd-numbered districts shall be elected in 1962; provided,
succession to county school board membership may be changed
by law.
Section 6. Welfare.-Counties shall provide in the manner
prescribed by law for residents having claim upon the aid and
sympathy of society by reason of age, infirmity, or misfortune.
Section 7. Alcoholic beverages-county option.-Upon peti-
tion of one fourth of the electors of a county the board of
county commissioners shall provide for a special election to
determine whether sale of all intoxicating beverages shall be
prohibited therein or to determine the method of such sale
where permitted; and in like manner an election shall be held
in a county prohibiting sale to determine whether such pro-
hibition shall be removed. The election shall be held within
sixty days from presentation of the petition unless a regular
primary or general election falls within such period, in which
event it shall be held within sixty days thereafter. Not more
than one such election shall be held in any two-year period.
Section 8. Criminal cases-costs and fines.-In all criminal
cases prosecuted in the name of the state against an insolvent
or discharged defendant, the county in which the case was
prosecuted shall under regulations prescribed by law pay the
legal costs. All fines and forfeitures collected in each county
under the state penal laws shall be applied to payment of
costs and expenses of prosecuting crimes therein.
Section 9. Municipalities establishment abolition -
government protection of creditors.- The legislature may
establish and abolish municipalities, may provide for their
government, and may prescribe and alter at any time their
jurisdiction and powers. Whenever a municipality is abolished,
provision shall be made for the protection of its creditors.
Section 10. Municipal taxes-assessment and collection by
county officers.-Subject to approval by vote of the muni-
cipal electors at a special election held separately or with any
other election the legislature may by general, special, or local
law provide for assessment and collection of the taxes of any
municipality by the tax assessor and tax collector respectively
of the county in which it is situated and for payment by the
municipality of reasonable compensation to these county offi-
cers for performance of these additional duties.

Section 11. Special districts lying in one county--governing
board.-Unless otherwise provided by law, the governing board
of special districts lying wholly within a county shall be the

Oct. 3, 1957

FLORIDA.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:

SE OF REPRESENTATIVES 73

board of county commissioners of the county. The legislature
may provide by law for the appointment of the governing
board by the governor or by the board of county commission-
ers, or for election thereof by the electors.
Section 12. Special districts lying in more than one county-
government.-The legislature by special or local law may
create special districts that include territory lying in more
than one county and may prescribe their form of government,
powers, and duties.
Section 13. Local governmental units cooperation with
other governmental units.-Any local governmental unit may
contract and cooperate with other local governmental units,
with the state, or with the United States in the exercise
of any of its authorized proprietary functions for the planning,
development, construction, acquisition, or operation of any
public improvement or facility or for a common service.
Section 14. Effective date of this article.-This article is
one of a group of fourteen amendments proposed at the same
session of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part of
the constitution unless the electors adopt simultaneously with
this article the amendments constituting respectively the Pre-
amble and Articles I, II, III, IV, VI, and VIII through XIV.
This section is an integral part of this article and the entire
article shall be invalid if this section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would
be impracticable to have the provisions of any of them be-
come operative unless all of them are presented at the same
election and are adopted threat, and that the constitutional
amendment proposed in this joint resolution should not be-
come effective unless the electors adopt each of said fourteen
proposed amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may
by a single vote cast his vote for approval or rejection of
all of them and also in such manner that each elector may,
in the alternative, cast his vote for approval or rejection of
any one of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not
become effective. This entire resolution shall not become ef-
fective if any portie if a on thereof is held invalid.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate
And Senate Joint Resolution No. 9-X, contained in the above
message, was read the first time in full and referred to the
Committee on Constitutional Amendments.
Tallahassee, Florida,
October 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed by the required consti-
tutional three-fifths vote of all members elected to the Senate
for the 1957 Extraordinary Session of the Florida Legisla-
ture-
By Senators Johnson, Rawls, Davis and Adams-
Senate Joint Resolution No. 11-X(57):
A JOINT RESOLUTION PROPOSING REVISION OF AR-
TICLE IX OF THE CONSTITUTION OF THE STATE OF

74

Section 1. The following proposed revision of Article IX
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or re-
jection at an election to be held as provided at this session
of the legislature, that is to say:
ARTICLE IX
HOMESTEAD
Section 1. Homestead-exemption from forced sale-free-
dom from liens-exceptions-limitations on disposition.-The
following property, owned by the head of a family residing on
the realty in this state, shall be exempt from forced sale under
process of any court for all obligations incurred by him or
imposed thereon, and no judgment, decree, or execution shall
be a lien thereon, except for payment of (a) taxes and assess-
ments thereon, (b) obligations contracted for the purchase
thereof, (c) obligations contracted for erection or repair of
improvements on the realty, or (d) obligations contracted for
house, field, or other labor performed on the realty;
(i) A homestead to the extent of one hundred sixty acres
of contiguous land and improvements thereon located outside
a municipality, which area shall not be reduced without the
owner's consent by reason of subsequent inclusion in a muni-
cipality, or one-half acre of contiguous land located within a
municipality, which exemption within a municipality shall be
limited to the residence and business house of the owner;
(ii) Personal property of the value of $1,000.
Said exemptions shall inure to the surviving spouse and
heirs of the owner.
The homestead shall not be subject to devise if the owner
is survived by children. If the owner is married, it shall not
be alienated or encumbered without the consent of the spouse.
If the owner or spouse is incompetent, the method of aliena-
tion or encumbrance shall be as provided by law.
Section 2. Effective date of this article.-This article is
one of a group of fourteen amendments proposed at the
same session of the legislature and submitted to the electors
at the same election, and it shall not become effective or a
part of the constitution unless the electors adopt simultan-
eously with this article the amendments constituting re-
spectively the Preamble and Articles I, II, III, IV, VI, VII,
VIII, and X through XIV. This section is an integral part
of this article and the entire article shall be invalid if this
section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions consti-
tuting the Preamble and Articles I through IV and VI
through XIV of the proposed revised constitution are such
that it would be impracticable to have the provisions of any
of them become operative unless all of them are presented
at the same election and are adopted threat, and that the
constitutional amendment proposed in this joint resolution
should not become effective unless the electors adopt each
of said fourteen proposed amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may
by a single vote cast his vote for approval or rejection of all
of them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any
one of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
And Senate Joint Resolution No. 11-X, contained in the
above message, was read the first time in full and referred
to the Committee on Constitutional Amendments.
Tallahassee, Florida,
October 3, 1957
The Honorable Doyle E. Conner,

Oct. 3, 1957

Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed by the required consti-
tutional three-fifths vote of all members elected to the Senate
for the 1957 Extraordinary Session of the Florida Legisla-
ture-
By Senators Johnson. R.awls, Davis and Adams-
Senate Joint Resolution No. 22-X(57)-A Joint Resolution
proposing revision of Article III of the Constitution of the
State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article III
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or re-
jection at an election to be held as provided at this session of
the legislature, that is to say:
ARTICLE III
LEGISLATIVE
Section 1. Composition.-The legislative power of the state
shall be vested in a Legislature of the State of Florida, con-
sisting of a Senate and a House of Representatives, whose
sessions shall be held at the seat of government.
Section 2. (a) Regular sessions-extensions.-A regular leg-
islative session shall be convened on the first Tuesday after
the first Monday in April of each odd-numbered year for
not more than sixty consecutive days; provided, by three-
fifths vote of the membership of each house it may be ex-
tended from time to time for periods not exceeding in the
aggregate thirty calendar days, not necessarily consecutive
but not extending beyond the following August, during which
no new legislation may be introduced without the consent
of two-thirds of the house in which it originates.
(b) Extra sessions.-When within sixty days from the
filing of the first certificate one-fifth of the membership
of each house of the legislature shall have filed with the
secretary of state their certificates that an extra session of
the legislature is required for the common good, he shall
within seven days thereafter give notice thereof to all leg-
islators by registered mail and poll them on the question:
"Shall such session be held?" If three-fifths of the member-
ship of each house shall within fifteen days after such mail-
ing file with him their affirmative votes thereon, he shall
call such session to convene on a date fixed by him not less
than fourteen or more than twenty-one days after such
mailing. Such session shall not exceed thirty consecutive days.
(c) Special sessions.-The governor may by proclamation
stating the purpose convene the legislature in special session
not to exceed twenty consecutive days, during which only
such legislative business may be transacted as pertains to
reapportionment, if action thereon is necessary, or as is within
the purview of the proclamation or of a communication from
the governor or is introduced by consent of two-thirds of
each house.
(d) Reapportionment sessions.-Should the legislature fail
to reapportion its representation at any regular session as
herein provided, the governor shall within thirty days after
adjournment thereof call the legislature into reapportionment
session to perform its duty in that behalf. Such session shall
transact no other business and shall complete reapportion-
ment before adjournment; provided, after the lapse of sixty
days from the date such session is convened the governor
by proclamation or the legislature by concurrent resolution
may adjourn the session to a certain date or sine die.
(e) Organization-expenses.-The legislature may provide
for its organization, expenses, and other incidental matters,
including per diem of members.
(f) Adjournment by governor.-If the two houses cannot
agree upon a time for adjournment, the governor may ad-
journ the session sine die or to any date within the period
authorized for such session; provided, at least two legisla-
tive days other than recess days before adjourning the ses-
sion he shall give each house formal written notice of his
intention to do so, and agreement reached within that
period by both houses on a time for adjournment shall prevail.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE

Section 3. (a) First legislature.-The first legislature shall
be composed of the legislators elected pursuant to the consti-
tution of 1885, whose terms of office shall expire as therein
provided, and of the additional legislators created hereby.
If this article becomes effective as the result of a special
election thereon the additional legislative offices created hereby
shall be filled at the general election in 1958. If this article
becomes effective as the result of a general election the addi-
tional legislative offices created hereby shall be filled by a
special election, as provided by law, as early as practicable after
the effective date hereof. Senators from odd-numbered districts
shall be those elected in 1956 and senators from even-numbered
districts shall be those elected in 1958; provided, the first sena-
tors from the additional odd-numbered districts created hereby
shall be elected, at a general or special election as provided
in this subsection, for a term expiring with the terms of
senators from the other odd-numbered districts.
(b) Terms of legislators-vacancies.-Except as provided
herein for the first senators from the additional odd-numbered
districts created hereby, each representative shall be elected
for a term of two years and each senator for a term of four
years by the electors of the area within which he qualifies, at
a general election held in the year in which the term of the
incumbent expires. He shall take office upon election. Vacancies
shall be filled only by special election as provided by law.
(c) Qualifications of legislators.-Each legislator shall be
at least twenty-one years of age and an elector and resident
of the area from which elected.
(d) Eligibility for other office.- Except as provided herein,
no legislator shall during the term for which elected be ap-
pointed to any state civil office created by the legislature
during such term.
(e) Compensation-allowances.---Each legislator shall re-
ceive compensation, payable monthly, and travel and per diem
allowances as provided by law.
Section 4. Representation-apportionment.- (a) Senate.
-The state shall be apportioned into forty-five senatorial
districts designated by number in consecutive order. Such
apportionment shall provide fairness and equity among dis-
tricts, based upon population and such other pertinent factors
as may be determined by the legislature at the time of ap-
portionment; provided:
(1) There shall be only one senator for each district;
(2) No district shall be composed of more than three
counties;
(3) Counties forming a district shall not be entirely sepa-
rated by territory of another district; and
(4) No county shall be divided in creating a district.
(b) House of representatives.-The representation in the
house of representatives shall be apportioned as follows:
(1) Five representatives for the most populous county;
(2) Four representatives for each of the next two most
populous counties;
(3) Three representatives for each of the next seven
most populous counties;
(4) Two representatives for each of the next twenty-three
most populous counties; and
(5) One representative for each other county.
(c) First apportionment-reapportionment.-The first ap-
portionment of each legislative house shall become effective
upon adoption hereof, and at the regular session in 1965 and
decennially thereafter the legislature shall reapportion its rep-
resentation in accordance herewith. Should it fail to do so,
its duty shall continue in every session, of whatever type.
(d) Representation of newly created county.-A newly cre-
ated county shall have one representative in the house of
representatives until the succeeding reapportionment, and
until that time it shall be part of such adjoining senatorial
district as the legislature shall designate.
Section 5. Organization-officers.-Each house shall be the
sole judge of the qualifications, elections, and returns of its
members, and upon convening each regular session shall
choose its officers, including a permanent presiding officer
selected from its membership, who shall be designated in
the senate as President of the Senate, and in the house as

Oct. 3, 1957

When a bill or any item of a general appropriation bill
has been vetoed by the governor, he shall transmit his signed
objections thereto to the house in which the bill originated.

E OF REPRESENTATIVES 75

Speaker of the House of Representatives. The senate shall
designate a Secretary, to serve at its pleasure, and the house
of representatives shall designate a Chief Clerk, to serve at
its pleasure.
Each house of the legislature shall provide a liason rep-
resentative to the budget commission. He shall be responsible
to his appointive house only, shall have access to all records
and information available to the budget commission, and may
sit with it at any time.
Section 6. Procedure-adjournment-open doors-journal-
discipline-compelling attendance.-Except as provided herein,
each house shall determine its rules of procedure. Neither
house may adjourn for more than three days without the con-
sent of the other. The senate may close its doors to the public
while sitting in executive session. Other sessions of each house
shall be public. Each house shall keep and publish a journal
of its proceedings, in which the yeas and nays of each member
on any question shall be entered upon request of five members
present. Each house may punish a member for contempt and
by two-thirds vote may expel him. A majority of the members
elected to each house shall constitute a quorum, but less than
a quorum may adjourn from day to day, compel attendance
of absent members, and prescribe penalties for failure to
attend.
Section 7. Attendance of witnesses-production of evidence
-contempt and penalties.-Each house may when in session
compel attendance of witnesses and production of public and
private documents and other evidence upon any matter under
investigation before it or any of its committees, and may
punish by fine not exceeding $1,000 or imprisonment not ex-
ceeding ninety days any person not a member who has been
guilty of disorderly or contemptuous conduct in its presence
or has refused to obey its lawful summons or to answer lawful
questions. For making investigations between sessions the leg-
islature may confer such powers upon any committee of leg-
islators by a law limited to the committee designated, to a
stated period of operation, and to the matters specifically as-
signed. The manner of exercising such powers, including the
fixing of witness fees and expenses and appropriate right
of appeal, shall be prescribed by law.
Section 8. Form of bill-one subject-title-amendment-
enacting clause.-Every law shall embrace but one subject
and matter properly connected therewith, which subject shall
be briefly expressed in the title. No law shall be revised or
amended by reference to its title only. Laws to revise or
amend shall set out in full the revised act or amended sec-
tion, subsection, or paragraph of a subsection. The enacting
clause of every law shall read: "Be it enacted by the Legisla-
ture of the State of Florida."
Section 9. Passage of bills.-Any bill may originate in ei-
ther house and after passage in one may be amended in the
other. In each house it shall be read on three separate days
unless two-thirds waive this rule. Its first reading shall be
by title only unless one-third order it read in full. Its sec-
ond reading shall be in full unless two-thirds order it read
by title only. Its third reading shall be in full unless it is a
general revision of the entire laws, in which instance two-
thirds may order it read by title only. In each house passage
of a bill shall require a majority vote. On final passage the
vote in each house shall be taken by yeas and nays and en-
tered on its journal. The bill shall be signed by the presiding
officers of the respective houses and by the secretary of the
senate and the chief clerk of the house of representatives.
Section 10. Executive approval-veto-item veto of appro-
priations-repassage.-Every bill passed by the legislature
shall be presented to the governor for his approval and shall
become a law if he approves and signs it, or fails to do so or
to veto it within seven days after presentation; provided,
if during such period the legislature finally adjourns or takes
a recess of more than thirty days he shall have twenty days
from the date of adjournment or recess to act on the bill.
In all cases except general appropriation bills, the veto shall
extend to the entire bill. The governor may veto specific
items of a general appropriation bill except the expression of
legislative intent as to expenditures.

76 JOURNAL OF THE HOU

If that house is not in session he shall file them with the
secretary of state, who shall lay them before that house at
its next session, and they shall be entered on its journal.
If each house shall reenact the bill or reinstate a vetoed
item of an appropriation bill by two-thirds vote, the yeas and
nays shall be entered on the respective journals, and the bill
shall become law or the item reinstated, the veto notwith-
standing.
Section 11. Effective date of laws.-No law shall take ef-
fect until sixty days from the final adjournment of the ses-
sion of the legislature in which enacted; provided, by amend-
ment adopted separately by two-thirds vote of each house
the legislature may set an earlier effective date.
The classification by general law of counties, municipali-
ties, and special districts according to population shall, as
to those falling within a different class by reason of change
in population, become operative thirty days after the ad-
journment of the regular session of the legislature next con-
vening after certification of the census establishing such
change.
Section 12. Distribution of laws-judicial decisions.-The
legislature shall provide for the speedy publication and dis-
tribution of all laws. Laws and judicial decisions shall be
free for publication by any person.
Section 13. Special and local laws-requisites for enact-
ment.-No special law or local law shall be passed unless
notice of intention to seek enactment thereof has been pub-
lished in the manner provided by law, in each county in the
area to be affected thereby, not less than thirty days or more
than ninety days prior to introduction in the legislature. The
fact that publication has been made shall be recited on the
journal of each house and the evidence of publication shall
be preserved with the bill in the office of the secretary of
state. Such notice shall not be necessary when the law is
conditioned to become effective only upon approval by vote
of the electors.
Section 14. Types of special and local laws prohibited.-
The legislature shall not pass any special or local law per-
taining to:
( 1) jurisdiction, duties, fees other than those for special
county purposes, or election, including the opening
and conducting thereof and the designation of places
of voting, of any officers except municipal officers;
( 2) assessment or collection of taxes for state or county
purposes, including extension of time therefore, relief
of tax officers from due performance of their duties,
and relief of their sureties from liability;
( 3) practice or rules of evidence of any court;
( 4) punishment for crime;
( 5) grand or petit juries, including compensation of jur-
ors, except establishment of jury commissions;
( 6) change of civil or criminal venue;
( 7) conditions precedent to bringing any civil or criminal
proceedings, or limitations of time therefore;
(8) refund of money legally paid or remission of fines,
penalties, or forfeitures;
( 9) creation, enforcement, extension, or impairment of
liens, or fixing of interest rates on private contracts;
(10) disposal of public property, including any interest
therein;
(11) vacation of roads;
(12) private incorporation or grant of privilege to a
private corporation, except as to a ship or barge
canal across the state;

(13) effectuation of invalid deeds, wills, or other instru-

ments, or change in the law of descent;
(14) change of name of any person;
(15) divorce;

S

E OF REPRESENTATIVES Oct. 3, 1957

(16) legitimation or adoption of persons;
(17) relief of minors from legal disabilities;
(18) transfer of any property interest of persons under
legal disabilities or of estates of decedents;
(19) fishing or hunting;

(20) regulation of trades, professions, or occupations.

The legislature may by general law prohibit special or local
laws on any other subject. Repeal thereof shall be by general
law only.
Section 15. Impeachment-effect-filling office during tri-
al.-The governor, justices of the supreme court, members
of the cabinet, judges of district courts of appeal, and
judges of the circuit court may be removed from office only
by impeachment by the house of representatives by two-thirds
vote. Impeachments shall be tried by the senate, whose mem-
bers shall be upon oath or affirmation when sitting for
that purpose, and conviction shall require concurrence by
two-thirds vote. The senate may adjourn to a fixed date
for the trial, which date shall be not more than six months
from the time articles of impeachment are preferred. The
house of representatives need not be in session during the
trial. The chief justice or an associate justice appointed by
him shall preside at the trial unless the chief justice is on
trial, in which event the governor shall preside. Judgment
shall extend only to removal from office and disqualification
to hold any office of honor, trust, or profit under the state,
and shall not affect the criminal or civil liability of the con-
victed officer.
An impeached officer shall immediately be disqualified from
performing any duties until acquitted by the senate, and
unless the governor is impeached he may by appointment fill
the office until completion of trial.

Section 16. Appropriation bills-withdrawal of public funds.
-Laws making appropriations for salaries of public officers
and other current expenses of the state shall contain pro-
visions on no other subject.
Section 17. Civil service systems and boards.-The legis-
lature may create or abolish civil service systems and boards
for state, county, district, or municipal employees, and also
for such officers thereof as are not appointed by the governor
or elected, and may authorize such boards to prescribe the
qualifications, methods of selection, and tenure of such em-
ployees and officers.
Section 18. Welfare.-The legislature may provide by gen-
eral law for a uniform system of benefits to residents having
claim upon the aid and sympathy of society by reason of age,
infirmity, or misfortune. No person shall receive state bene-
fits unless he has been a resident of the state for five years
immediately preceding application and, if application is based
solely on age, has reached the age of sixty-five; provided,
when necessary to secure state participation in federal funds
the legislature may adopt the federal requirements then in
effect.
Section 19. Mechanics liens.-The legislature shall pro-
vide for giving to mechanics and other laborers an adequate
lien on the subject matter of their labor.
Section 20. Alcoholic beverages-legislative authority.-In
those counties in which the sale of intoxicating beverages
is not prohibited as herein provided, the legislature shall
regulate the manufacture and sale thereof by private persons
or provide for the manufacture or sale thereof by the state or
a state agency.
Section 21. Effective date of this article.-This article is
one of a group of fourteen amendments proposed at the same
session of the legislature and submitted to the electors at
the same election, and it shall not become effective or a part
of the constitution unless the electors adopt simultaneously

with this article the amendments constituting respectively the
Preamble and Articles I, II, IV, and VI through XIV. This
section is an integral part of this article and the entire article
shall be invalid if this section is held invalid.

JOURNAL OF THE HOUSE

-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
And Senate Joint Resolution No. 22-X, contained in the
above message, was read the first time in full and referred to
the Committee on Constitutional Amendments.
Tallahassee, Florida,
October 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed with amend-
ment-
By Mr. Hathaway of Charlotte-
H. B. No. 22-X-A bill to be entitled An Act providing com-
pensation for the county prosecuting attorney on bond for-
feitures in the county judge's court in all counties having a
population of not more than five thousand three hundred
(5,300) nor less than four thousand two hundred eighty (4,280)
according to the last federal state-wide decennial census; pro-
viding an effective date.
Which amendment reads as follows:
In (typewritten bill) strike out the words and figures
"five thousand three hundred (5,300)" wherever they appear in
the title and the bill and insert in lieu thereof the following:
"five thousand (5,000)"
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
Mr. Hathaway moved that the House do concur in Senate
amendment to House Bill No. 22-X.
The motion was agreed to, and the House concurred in the
Senate Amendment to House Bill No. 22-X.
The action of the House was ordered certified to the Senate,
and House Bill No. 22-X was ordered engrossed.
Tallahassee, Florida,
October 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed with amend-
ment-
By Messrs. Papy and Porter of Monroe-
H. B. No. 5-X-A bill to be entitled An Act amending Sec-
tion 1 of Chapter 31009, Laws of Florida, Acts of the Legisla-
ture, year 1955, entitled "An Act amending Section 1 of
Chapter 29295, Laws of Florida, Acts of the Legislature year
1953, entitled 'An Act amending Section 16 of Chapter 26042,
Laws of Florida, Acts of the Legislature year 1949, entitled 'An
Act providing for the creation, organization and administra-
tion of anti-mosquito districts in Monroe County, Florida; pro-
viding for the appointment and election of commissioners for
said district; specifying their rights, powers and duties: provid-
ing for the financing by taxation, and for the disbursement of
such finances: naming the duties of county commissioners, tax
assessors and collectors; and providing penalties for damages
to any works of the district'. By changing the method by which
the board of county commissioners of Monroe County, Florida
determines the amount of taxes levied for the Monroe County
anti-mosquito district by limiting the rate of taxation to 1

Oct. 3, 1957

Chappell Jones Peacock Saunders
Cleveland Lancaster Peavy Shaffer
Crews Livingston Peeples Sheppard
Cross Manning Petersen Smith, S. C.

E OF REPRESENTATIVES 77

mill; repealing all laws and parts of laws, whether general or
special, in conflict with this Act to the extent of such con-
flict; and providing when Act shall take effect.' By increas-
ing the rate of taxation to be levied for said district." By in-
creasing the rate of taxation to be levied for said district and
repealing all laws and parts of laws in conflict with this Act.
Which amendment reads as follows:
In Section 3, (typewritten bill) Strike out entire Section 3
and insert in lieu thereof the following:
Section 3. This act shall not become effective until voted
upon by the electors of Monroe county at any special, primary
or general election and approved by a majority of electors
voting in the election.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
Mr. Porter moved that the House do concur in the Senate
amendment to House Bill No. 5-X.
The motion was agreed to, and the House concurred in
the Senate amendment to House Bill No. 5-X.
The action of the House was ordered certified to the Senate,
and House Bill No. 5-X was ordered engrossed.
Tallahassee, Florida,
October 2, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and
consideration by two-thirds vote and passed-
By Senators Hodges, Hair, Johns, Brackin, Bishop, Connor,
Belser, Bronson, Pearce, Boyd Getzen-
S. B. No. 35-X(57)-A Bill to be entitled An Act relating
to public facilities and institutions; authorizing local author-
ities to suspend under certain circumstances any public facility
or institution within its jurisdiction as an emergency measure
in the public interest pursuant to petition and referendum;
providing procedures for the re-activation of a suspended public
facility or institution; providing an effective date.

-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
The Speaker ruled that the introduction and consideration
of Senate Bill No. 35-X would constitute Legislative business
other than that for which the Legislature was especially
convened.
Mr. Cross moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of Senate Bill No. 35-X.
A roll call was demanded.
When the vote was taken on the motion by Mr. Cross, the
the result was:
Yeas:
Mr. Speaker Daniel Marshburn Pratt
Anderson Duncan Mattox Putnal
Arrington Griffin,J.J.,Jr. McAlpin Roberts, C. A.
Askins Grimes Mitchell, R. O. Roberts, H. W.
Ayers Hathaway Mitchell, Sam Rowell, E. C.
Beck Horne Muldrew Rowell, M. H.
Chaires Inman, W. M. Patton Russ

78

Stewart, C. D. Strickland Williams, B.D. Wise
Stewart, E. L. Surles Williams, G.W.
Stone Walker Williams,J.R.A.
Nays:
Alexander Gibbons Mann Smith, R. J.
Barron Griffin,B.H.,Jr. Mathews Sweeny
Bartholomew Harris Musselman Turlington
Beasley Herrell Orr Usina
Blank Hollahan Porter Vocelle
Carney Inman, J. C. Roberts, E. S. Weinstein
Costin Johnson Ryan Youngberg
Frederick Maness Shipp Zelmenovitz
Mr. Usina was given permission to change his vote from
"Nay" to "Yea."
Yeas-55
Nays-31
The motion was not agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 35-X was not admitted
for introduction and consideration by the House.
PAIR VOTE
I am paired with Mr. Hopkins of Escambia. If he were here
he would vote "Nay" and I would vote "Yea."
William G. O'Neill
Representative from Marion County
PAIR VOTE
I am paired with Mr. Moody of Hillsborough. If he were
here he would vote "Nay" and I would vote "Yea."
Morrison Kimbrough
Representative from Santa Rosa County
PAIR VOTE
I am paired with Mr. Karl of Volusia. If he were here he
would vote "Nay" and I would vote "Yea."
W. L. Wadsworth
Representative from Flagler County
EXPLANATION OF VOTE ON MOTION THAT SENATE
BILL NO. 35-X BE ADMITTED FOR INTRODUCTION
AND CONSIDERATION
The legislature was called into session to consider Consti-
tutional Revision only at this time. Should our pupil assign-
ment law be questioned, the legislature can and should enact
legislation authorizing the closing of certain public schools
at a later date. I believe firmly in states' rights, however, at
this time in the heat of anger I do not feel we should consider
this bill and sidetrack the important work of Constitutional
Revision.
EMMETT S. ROBERTS
Representative from Palm Beach County
EXPLANATION OF VOTE ON MOTION THAT SENATE
BILL NO. 35-X BE ADMITTED FOR INTRODUCTION
AND CONSIDERATION
I voted against the introduction of this bill because it is
my firm conviction that this last resort bill would promote
the cause of integration. Florida's pupil assignment law has
been unattacked so far; by statute, each local school board
now has the authority to close any school in case of an emer-
gency; the Governor also has this authority. This last resort
bill might destroy our carefully planned and adopted pupil
assignment law on which, after consultation with our state's
best legal minds, we have based our plans for continued seg-
regation in our schools.
BETH JOHNSON
Representative from Orange County
EXPLANATION OF VOTE ON MOTION THAT SENATE
BILL NO. 35-X BE ADMITTED FOR INTRODUCTION
AND CONSIDERATION
Opposed as I am to integration in our schools, I am con-
vinced that the continuing of the education of our white

Oct. 3, 1957

children in its present excellence would be impossible under the
provisions of the "last resort" bill. The pupil assignment
law we now have has been framed by experts in the field
of constitutional law, and I am convinced not only that it is
a more effective means of preserving segregation in our
schools than the "last resort" bill, but that it would be weak-
ened by the passage of this bill.
Both the Governor and the county school boards are now
empowered to preserve segregation. Should further means be
needed to insure the continuation of segregation in our schools.
the legislature can be called into session for that purpose.
JACK C. INMAN
Representative from Orange County
Mr. Cross moved that the House reconsider the vote by
which Senate Bill No. 35-X was not admitted for introduction
and consideration by the House. and requested that the motion
be left pending.
Mr. Sheppard introduced the Honorable Norwood R. Stray-
horn, former Member of the House from Lee County.
Mr. Beasley moved that the House now adjourn to re-
convene at 2:30 P. M. today.
The motion was agreed to.
Thereupon, at the hour of 12:28 P. M., the House stood ad-
journed until 2:30 P. M. today.
AFTERNOON SESSION
The House reconvened at 2:30 P. M.
THE SPEAKER IN THE CHAIR.
"The roll was taken and the following Members were re-
corded present:

Mr. Speaker Griffin,J.J.,Jr.
Alexander Grimes
Anderson Harris
Arrington Hathaway
Askins Herrell
Ayers Hollahan
Barron Home
Bartholomew Inman, J. C.
Beasley Inman, W. M.
Beck Johnson
Blank Jones
Carney Kimbrough
Chaires Lancaster
Chappell Livingston
Cleveland Maness
Costin Mann
Crews Manning
Cross Marshburn
Daniel Mathews
Duncan Mattox
Frederick McAlpin
Gibbons Mitchell, R. 0.
Griffin,B.H.,Jr. Mitchell, Sam
A quorum present.

Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peacock
Peavy
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Roberts, H. W.
Rowell, E. C.
Rowell, M. H.
Russ
Ryan
Saunders
Shaffer
Sheppard

Shipp
Smith, R. J.
Smith, S. C.
Stewart, C. D.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams, B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

REPORTS OF STANDING COMMITTEES
October 3, 1957
Mr. Chappell of Marion, Chairman of the Committee on
Constitutional Amendments, reports that the Committee has
carefully considered the following joint resolution and recom-
mends that it pass as amended:
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Home of Leon-
H. J. R. No. 12-X-A Joint Resolution proposing revision
of Article VI of the Constitution of the State of Florida.
Which amendment reads as follows:
Add the following section at the end of the joint resolution:

Section 5. This joint resolution shall not become operative
unless and until House Joint Resolution No. 32-X and all of

JOURNAL OF THE HOUSE OF REPRESENTATIVES

said fourteen joint resolutions containing said fourteen pro-
posed amendments, whether originating in the senate or the
house of representatives, are adopted by each house of the
legislature.
And House Joint Resolution No. 12-X, contained in the
above report, together with Committee amendment thereto,
was placed on the Calendar of Bills and Joint Resolutions on
Second Reading.
October 3, 1957
Mr. Chappell of Marion, Chairman of the Committee on
Conistlitutional Amendments, reports that the Committee has
carefully considered the following joint resolution and recom-
mends that it pass as amended:
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrnll of Dade and Horne of Leon-
H. J. R. No. 13-X-A Joint Resolution proposing revision of
Article VII of the Constitution of the State of Florida.
Which amendments read as follows:
Amendment No. 1-
In Section 4 of Article VII strike out all of the section after
the caption and insert the following in lieu thereof: The prin-
cipal offices and permanent records of all county officers shall
be at the county seat; provided, branch offices for the con-
duct of county business and facilities for court proceedings
may be established by law elsewhere in the county. No instru-
ment shall be deemed recorded until filed at the county seat
according to law.
Amendment No. 2-
In Section 5, Sub-section (b) of Article VII strike out Sub-
section (b) and insert the following in lieu thereof: (b)
County officers-selection-term of office.-The following of-
ficers shall be elected by and from among the electors of
each county for a term of four years: one member of the
board of county commissioners from each commissioner dis-
trict, one member of the County School Board from each
commissioner district unless otherwise provided by law, Coun-
ty Judge or Judges as provided herein, Clerk of the Circuit
Court, Sheriff, Tax Assessor, Tax Collector, County School
Superintendent except in those counties where he is ap-
pointed according to law at the effective date hereof, and
Supervisor of Registration; provided, by local or general law
subject to the approval of the electors of any county, the
county school superintendent shall be appointed by and
serve at the pleasure of the county school board, and not less
than four years after so providing the county may by the
same method provide for his election. Successors to those
members of the board of county commissioners representing
odd-numbered districts and of the county school board rep-
resenting even-numbered districts shall be elected in 1960,
and successors to those representing respectively even-num-
bered districts and odd-numbered districts shall be elected in
1962; provided, this method of electing county school board
members may be changed by law.
Amendment No. 3-
In Section 12 of Article VII strike out all of the section
after the caption and insert the following in lieu thereof:
The legislature by special or local law may for special pur-
poses create special districts that include territory lying in
more than one county and may prescribe the composition,
powers, and duties of their governing bodies.

Amendment No. 4-
Add the following section at the end of the resolution: Sec-
tion 5. This joint resolution shall not become operative unless
and until House Joint Resolution No. 32-X and all of said
fourteen joint resolutions containing said fourteen proposed
amendments, whether originating in the senate or the house
of representatives, are adopted by each house of the legislature.

And House Joint Resolution No. 13-X, contained in the
above report, together with Committee amendments thereto,
was placed on the Calendar of Bills and Joint Resolutions on

79

October 3, 1957
Mr. Chappell of Marion, Chairman of the Committee on
Constitutional Amendments, reports that the Committee has
carefully considered the following joint resolution and recom-
mends that it pass as amended:
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade, Home of Leon-
H.J.R. No. 17-X-A Joint Resolution proposing revision of
Article XI of the Constitution of the State of Florida.
which amendments read as follows:
Amendment No. 1. In Section 3 of Article XI strike out
the final sentence of the section, and insert the following in
lieu thereof: The personnel of the state militia, when uni-
formed, shall wear the uniform prescribed by law.
Amendment No. 2. In Section 5 of Article XI at the begin-
ning of the second sentence after the caption strike out: "It
shall be" and insert the following in lieu thereof; "It may
be".
Amendment No. 3. In Section 6 of Article XI, in line five,
strike out "effection" and insert the following in lieu thereof:
"effective."
Amendment No. 4. Add the following section at the end
of the resolution: Section 5. This joint resolution shall not
become operative unless and until House Joint Resolution No.
32-X and all of said fourteen joint resolutions containing said
fourteen proposed amendments, whether originating in the
senate or the house of representatives, are adopted by each
house of the legislature.
And House Joint Resolution No. 17-X, contained in the above
report, together with Committee amendments thereto, was
placed on the Calendar of Bills and Joint Resolutions on
Second Reading.
October 3, 1957
Mr. Chappell of Marion, Chairman of the Committee on
Constitutional Amendments, reports that the Committee has
carefully considered the following Joint Resolution and recom-
mends that it pass as amended:
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Horne of Leon-
H. J. R. No. 15-X-A joint resolution proposing revision of
Article IX of the Constitution of the State of Florida.
which amendment reads as follows:
Add the following section at the end of the resolution:
Section 5. This joint resolution shall not become operative
unless and until House Joint Resolution No. 32-X and all of
said fourteen joint resolutions containing said fourteen pro-
posed amendments, whether originating in the senate or the
house of representatives, are adopted by each house of the
legislature.
And House Joint Resolution No. 15-X, contained in the above
report, together with Committee amendment thereto, was
placed on the Calendar of Bills and Joint Resolutions on
Second Reading.
October 3, 1957
Mr. Chappell of Marion, Chairman of the Committee on
Constitutional Amendments, reports that the Committee has
carefully considered the following joint resolution and recom-
mends that it pass as amended:
By Messrs. Chappell of Marion, Chaires of Dixie, Cross of
Alachua, Herrell of Dade and Home of Leon-
H. J. R. No. 32-X--A joint resolution proposing revision of
Section 1 of Article XVII of the Constitution of the State of
Florida.
which amendments read as follows:

Amendment No. 1. In Section 2, fourth line strike out "a spe-
cial election" and insert the following in lieu thereof: "an elec-
tion".

Second Reading.

Oct. 3, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Amendment No. 2. In the final paragraph of Section 1 of

80 JOURNAL OF THE HOL

Article XVII, which section appears in Section 2 of the resolu-
tion on page three thereof, strike out: "September 30" and
insert the following in lieu thereof: "October 1".
And House Joint Resolution No. 32-X, contained in the
above report, together with Committee amendments thereto,
was placed on the Calendar of Bills and Joint Resolutions on
Second Reading.
October 3, 1957
Mr. Duncan of Lake, Chairman of the Committee on Public
Roads and Highways, reports that the Committee has care-
fully considered the following bill and recommends that it pass:
By Senator Rawls-
S. B. No. 33-X(57)--A Bill to be entitled An Act amending
Chapter 361, Florida Statutes, relating to eminent domain and
public utilities, by providing for an additional section to be
known as Section 361.06, granting the right of Eminent Domain
and other rights to petroleum and petroleum products pipe-
line companies.
And Senate Bill No. 33-X(57), contained in the above report,
was placed on the Calendar of Bills and Joint Resolutions on
Second Reading.
CONSIDERATION OF HOUSE BILLS AND JOINT
RESOLUTIONS ON SECOND READING
Mr. Maness moved that the House now take up and consider
House Bill No. 50-X out of its regular order.
The motion was not agreed to.
H. J. R. No. 10-X-A Joint Resolution proposing revision
of Article II of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article II
of the Constitution of Florida is hereby agreed to and shall be
submitted to the electors of Florida for ratification or rejec-
tion at an election to be held as provided at this session of
the legislature, that is to say:
ARTICLE II
GENERAL PROVISIONS
Section 1. Rules of construction.-Unless qualified in the
text the following rules of construction shall apply to this con-
stitution:
(a) "Herein" refers to the entire constitution.
(b) The singular includes the plural.
(c) The masculine includes the feminine and the neuter.
(d) "Vote of the electors" means the vote of the majority
of those voting on the matter in an election, general or special,
in which those participating are limited to the qualified electors
of the governmental unit referred to in the text.
(e) Vote or other action of a legislative house or other
governmental body means the vote or action of a majority or
other specified percentage of those members voting on the
matter; the vote or other action "of the membership" means
the vote or action of all members thereof.
(f) Titles and subtitles shall not be used in construction.
Section 2. Branches of government.-The powers of the
state government shall be divided into the Legislative, Execu-
tive, and Judicial branches. No person properly belonging to
one branch shall exercise any powers appertaining to either
of the other branches unless expressly provided herein.
Section 3. State boundaries.-The /.^ate boundaries are:
Begin at the mouth of the Perdido River, which for the pur-
poses of this description is defined as the point where latitude
3016'53" north and longitude 87o31'06" west intersect; thence
to the point where latitude 30017'02" north and longitude

87031'06" west intersect; thence to the point where latitude
30018'00" north and longitude 8727'08" west intersect; thence
to the point where the center line of the Intracoastal Canal
(as the same existed on June 12, 1953) and longitude 87027'00"

IS

the term of office to which elected, or, after qualification, upon
removal, impeachment, resignation, succession to another of-
fice, failure to maintain residence within the area from which
selected, or unexplained absence for six months. If confirma-

- ---

;E OF REPRESENTATIVES Oct. 3, 1957

west intersect; the same being in the middle of the Perdido
River; thence up the middle of the Perdido River to the point
where it intersects the south boundary of the State of Ala-
bama, being also the point of intersection of the middle of the
Perdido River with latitude 31000'00" north; thence east, along
the south boundary line of the State of Alabama, the same
being latitude 3100'00", north to the middle of the Chatta-
hoochee River; thence down the middle of said river to its
confluence with the Flint River; thence in a straight line to
the head of the St. Marys River; thence down the middle of
said river to the Atlantic Ocean, and extending therein to a
point three geographic miles from the Florida coast line, mean-
ing the line of ordinary low water along that portion of the
coast which is in direct contact with the open sea and the line
marking the seaward limit of inland waters; thence south-
eastwardly following a line three geographic miles distant from
the Atlantic coast line of the state and three leagues distant
from the Gulf of Mexico coast line of the state to and around
the Tortugas Islands; thence northeastwardly, three leagues
distant from the coast line, to a point three leagues distant
from the coastline of the mainland; thence north and north-
westwardly, three leagues distant from the coast line, to
a point west of the mouth of the Perdido River, three leagues
from the coast line, as measured on a line bearing 0001'00"
west from the point of beginning; thence along said line to
the point of beginning.
The legislature may extend the coastal boundaries to such
limits as the laws of the United States or international law
may permit.
Section 4. Seat of government location of offices.-The
seat of government shall be the City of Tallahassee, in Leon
County, where theoffices o f the executive officers and of the
supreme court shall be maintained; provided, when necessary
because of invasion or grave emergency the governor by procla-
mation may for the period necessary transfer the seat of
government to another place. Administrative agencies shall
maintain their offices at the places prescribed by law.
Section 5. State seal and flag.-The design of the great
seal and flag of the state shall be prescribed by the legislature.
Section 6. Felony-definition.-The term "felony" as used
herein and in the laws of this state shall mean any criminal
offense that is punishable under the laws of this state, or that
would be punishable if committed in this state, by death or by
imprisonment in the state penitentiary.
Section 7. Census.-The latest state-wide decennial federal
census shall be the official state census and shall be cited in
all laws based on population and for reapportionment of
representation. County or district censuses may be taken for
all other purposes as provided by law.
Section 8. Public officers-methods of selection-qualifica-
tions-residence and other limitations-appointment-vacancy
-refusal of confirmation-term-duties and personal attention
thereto-oath-bond-payment of compensation.-The legisla-
ture shall provide for election by the people or appointment by
the governor of each state or county officer if the method of
his selection is not provided herein, and except as provided
herein it shall prescribe his qualifications, method of election,
duties, powers, term, and compensation, and also the member-
ship of each board or commission. Each public officer shall
maintain his residence within the area from which selected
whenever election or appointment from a designated area is
required by law. No person holding or exercising the functions
of any office under a foreign government, the United States,
or another state, shall hold any office of honor or profit under
the government of this state. No person shall at the same
time hold or perform the functions of more than one office
under the government of this state; provided, notaries public
and military officers may be elected or appointed to fill any
single legislative, executive, or judicial office.
Except as provided herein and as may be provided by law
for selection of jury commissioners, the governor shall make
all appointments to each state or county appointive office and
shall fill each vacancy in office. Vacancy occurs upon death,
failure to qualify within fifteen days from commencement of

JOURNAL OF THE HOUSI

tion of appointment to an office is required and the senate
disapproves the appointment, the person proposed shall be
ineligible for appointment to that office for four years from
refusal of confirmation.
Except as provided herein no term of office shall exceed four
years and the term of each elective officer shall commence
at noon, standard time at the seat of office, on the first Tues-
day after the first Monday in January following the election.
An officer elected to fill a vacancy shall serve from noon on
such Tuesday for the unexpired portion of the term, and one
appointed to fill a vacancy in elective office shall serve until
his elected successor takes office. An appointive officer whose
term is not fixed by law shall serve at the pleasure of the
appointing authority. Each public officer shall continue in
office until his successor qualifies.
Each public officer or agency shall perform the duties pre-
scribed herein, and all except the governor shall perform all
other duties prescribed by law. Each public officer shall devote
personal attention to the duties of his office. Each legislator
shall take the following oath of office on the first day of the
next session of the legislature following his election but upon
election shall be qualified to participate in all interim legisla-
tive activities, and each other public officer before taking office
shall swear or affirm: "I do solemnly swear [or affirm] that
I will support, protect, and defend the Constitution and Gov-
ernment of the United States and of the State of Florida; that
I am duly qualified to hold office under the Constitution of
the State; and that I will well and faithfully perform the duties
of [title of office] on which I am now about to enter. So help
me God."
Each public officer shall give bond as provided by law and
shall not be surety upon the official bond of another public
officer. His compensation shall be payable monthly on his own
requisition.
Section 9. Property of married women.-All property of a
wife owned before or acquired after marriage shall be her
separate property and shall not be liable for the debts of her
husband without her written consent executed according to
law governing conveyance of the subject property.
Section 10. Suits against public bodies-extra compensa-
tion-claim bills.-The legislature may provide by general law
for suits against the state or any public body therein.
No extra compensation shall be paid to any officer, agent,
or employee after the service is rendered, or to any contractor
except in accordance with the terms of the contract. No money
shall be appropriated for or paid on any claim not specifically
identified and provided for by law in force when the claim
accrues unless the compensation or claim has been allowed
by bill passed by two thirds of the members elected to each
house of the legislature.
Section 11. Civil actions-restrictions on statutes of limita-
tion.-The time for bringing a civil action on any existing
cause of action shall not be reduced without providing a
reasonable period for bringing it.
Section 12. Criminal statutes-repeal or modification.-Re-
peal or amendment of a criminal statute shall not affect
prosecution or punishment for any crime committed prior
thereto.
Section 13. Amendments to United States constitution -
prerequisite to state action.-No state convention or legislature
shall take action on any proposed amendment to the constitu-
tion of the United States unless a majority of the members
thereof shall have been elected after its submission to the
states.
Section 14. Lotteries prohibited. All lotteries are pro-
hibited.
Section 15. Miscegenation prohibited.-- Marriage between
a white person and a person of negro descent through the
fourth generation is prohibited.
Section 16. Effective date of this article.-This article is
one of a group of fourteen amendments proposed at the same
session of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part
of the constitution unless the electors adopt simultaneously
with this article the amendments constituting respectively the

Oct. 3, 1957

Section 12 of Article II was taken up.
There were no amendments offered to Section 12.
Section 13 of Article II was taken up.

E OF REPRESENTATIVES 81

Preamble and Articles I, III, IV, and VI through XIV. This
section is an integral part of this article and the entire
article shall be invalid if this section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become ef-
fective unless the electors adopt each of said fourteen pro-
posed amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may by
a single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any
one of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-was taken up.
Mr. Chappell moved that House Joint Resolution No. 10-X
be read a second time in full.
The motion was agreed to, and House Joint Resolution No.
10-X was read a second time in full.
Mr. Chappell moved that House Joint Resolution No. 10-X
be considered section by section.
The motion was agreed to and it was so ordered.
Section I of the joint resolution was taken up.
Section 1 of Article II was taken up.
There were no amendments offered to Section 1.
Section 2 of Article II was taken up.
There were no amendments offered to Section 2.
Section 3 of Article II was taken up.
There were no amendments offered to Section 3.
Section 4 of Article II was taken up.
There were no amendments offered to Section 4.
Section 5 of Article II was taken up.
There were no amendments offered to Section 5.
Section 6 of Article II was taken up.
There were no amendments offered to Section 6.
Section 7 of Article II was taken up.
There were no amendments offered to Section 7.
Section 8 of Article II was taken up.
There were no amendments offered to Section 8.
Section 9 of Article II was taken up.
There were no amendments offered to Section 9.
Section 10 of Article II was taken up.
There were no amendments offered to Section 10.
Section 11 of Article II was taken up.
There were no amendments offered to Section 11.

82 JOURNAL OF THE HOL

There were no amendments offered to Section 13.
Section 14 of Article II was taken up.
There were no amendments offered to Section 14.
Section 15 of Article II was taken up.
There were no amendments offered to Section 15.
Section 16 of Article II was taken up.
There were no amendments offered to Section 16.
Section 2 of the joint resolution was taken up.
There were no amendments offered to Section 2.
Section 3 of the joint resolution was taken up.
There were no amendments offered to Section 3.
Section 4 of the joint resolution was taken up.
There were no amendments offered to Section 4.
The Committee on Constitutional Amendments offered the
following amendment to House Joint Resolution No. 10-X:
Add the following section at the end of the resolution:
Section 5. This joint resolution shall not become operative
unless and until House Joint Resolution No. 32-X and all of
said fourteen joint resolutions containing said fourteen pro-
posed amendments, whether originating in the senate or the
house of representatives, are adopted by each house of the
legislature.
Mr. Chappell moved the adoption of the amendment.
The motion was agreed to and the amendment was adopted.
Mr. Chappell moved that the rules be waived and House
Joint Resolution No. 10-X, as amended, be read a third time
in full and placed upon its passage.
The motion was agreed to by a two-thirds vote, and House
Joint Resolution No. 10-X was read a third time in full.
When the vote was taken on the passage of the joint reso-
lution, which reads as follows:
H. J. R. No. 10-X-A Joint Resolution proposing revision
of Article II of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article II
of the Constitution of Florida is hereby agreed to and shall be
submitted to the electors of Florida for ratification or rejec-
tion at an election to be held as provided at this session of
the legislature, that is to say:
ARTICLE II
GENERAL PROVISIONS
Section 1. Rules of construction.-Unless qualified in the
text the following rules of construction shall apply to this con-
stitution :
(a) "Herein" refers to the entire constitution.
(b) The singular includes the plural.
(c) The masculine includes the feminine and the neuter.
(d) "Vote of the electors" means the vote of the majority
of those voting on the matter in an election, general or special,
in which those participating are limited to the qualified electors
of the governmental unit referred to in the text.
(e) Vote or other action of a legislative house or other
governmental body means the vote or action of a majority or
other specified percentage of those members voting on the
matter; the vote or other action "of the membership" means

the vote or action of all members thereof.
(f) Titles and subtitles shall not be used in construction.
Section 2. Branches of government.-The powers of the

JI

SE OF REPRESENTATIVES Oct. 3, 1957

state government shall be divided into the Legislative, Execu-
tive, and Judicial branches. No person properly belonging to
one branch shall exercise any powers appertaining to either
of the other branches unless expressly provided herein.
Section 3. State boundaries.-The state boundaries are:
Begin at the mouth of the Perdido River, which for the pur-
poses of this description is defined as the point where latitude
30016'53" north and longitude 87o31'06" west intersect; thence
to the point where latitude 30017'02" north and longitude
87031'06" west intersect; thence to the point where latitude
3018'00" north and longitude 8727'08" west intersect; thence
to the point where the center line of the Intracoastal Canal
(as the same existed on June 12, 1953) and longitude 87o27'00"
west intersect; the same being in the middle of the Perdido
River; thence up the middle of the Perdido River to the point
where it intersects the south boundary of the State of Ala-
bama, being also the point of intersection of the middle of the
Perdldo River with latitude 31000'00" north; thence east, along
the south boundary line of the State of Alabama, the same
being latitude 31000'00", north to the middle of the Chatta-
hoochee River; thence down the middle of said river to its
confluence with the Flint River; thence in a straight line to
the head of the St. Marys River; thence down the middle of
said river to the Atlantic Ocean, and extending therein to a
point three geographic miles from the Florida coast line, mean-
ing the line of ordinary low water along that portion of the
coast which is in direct contact with the open sea and the line
marking the seaward limit of inland waters; thence south-
eastwardly following a line three geographic miles distant from
the Atlantic coast line of the state and three leagues distant
from the Gulf of Mexico coast line of the state to and around
the Tortugas Islands; thence northeastwardly, three leagues
distant from the coast line, to a point three leagues distant
from the coastline of the mainland; thence north and north-
westw hardly, three leagues distant from the coast line, to
a point west of the mouth of the Perdido River, three leagues
from the coast line, as measured on a line bearing 0001'00"
west from the point of beginning; thence along said line to
the point of beginning.
The legislatkiue may extend the coastal boundaries to such
limits as the laws of the United States or international law
may permit.
Section 4. Seat of government location of offices.-The
seat of government shall be the City of Tallahassee, in Leon
County, where the offices of the executive officers and of the
supreme court shall be maintained; provided, when necessary
because of invasion or grave emergency the governor by procla-
mation may for the period necessary transfer the seat of
government to another place. Administrative agencies shall
maintain their offices at the places prescribed by law.
Section 5. State seal and flag.-The design of the great
seal and flag of the state shall be prescribed by the legislature.
Section 6. Felony-definition.-The term "felony" as used
herein and in the laws of this state shall mean any criminal
offense that is punishable under the laws of this state, or that
would be punishable if committed in this state, by death or by
imprisonment in the state penitentiary.
Section 7. Census.-The latest state-wide decennial federal
census shall be the official state census and shall be cited in
all laws based on population and for reapportionment of
representation. County or district censuses may be taken for
all other purposes as provided by law.
Section 8. Public officers-methods of selection-qualifica-
tions-residence and other limitations--appointment---vacancy
-refusal of confirmation-term-duties and personal attention
thereto-oath-bond-payment of compensation.-The legisla-
ture shall provide for election by the people or appointment by
the governor of each state or county officer if the method of
his selection is not provided herein, and except as provided
herein it shall prescribe his qualifications, method of election,
duties, powers, term, and compensation, and also the member-
ship of each board or commission. Each public officer shall
maintain his residence within the area from which selected
whenever election or appointment from a designated area is

required by law. No person holding or exercising the functions
of any office under a foreign government, the United States,
or another state, shall hold any office of honor or profit under
the government of this state, No person shall at the same

Oct. 3, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

time hold or perform the functions of more than one office
under the government of this state; provided, notaries public
and military officers may be elected or appointed to fill any
single legislative, executive, or judicial office.
Except as provided herein and as may be provided by law
for selection of jury commissioners, the governor shall make
all appointments to each state or county appointive office and
shall fill each vacancy in office. Vacancy occurs upon death,
failure to qualify within fifteen days from commencement of
the term of office to which elected, or, after qualification, upon
removal, impeachment, resignation, succession to another of-
fice, failure to maintain residence within the area from which
selected, or unexplained absence for six months. If confirma-
tion of appointment to an office is required and the senate
disapproves the appointment, the person proposed shall be
ineligible for appointment to that office for four years from
refusal of confirmation.
Except as provided herein no term of office shall exceed four
years and the term of each elective officer shall commence
at noon, standard time at the seat of office, on the first Tues-
day after the first Monday in January following the election.
An officer elected to fill a vacancy shall serve from noon on
such Tuesday for the unexpired portion of the term, and one
appointed to fill a vacancy in elective office shall serve until
his elected successor takes office. An appointive officer whose
term is not fixed by law shall serve at the pleasure of the
appointing authority. Each public officer shall continue in
office until his successor qualifies.
Each public officer or agency shall perform the duties pre-
scribed herein, and all except the governor shall perform all
other duties prescribed by law. Each public officer shall devote
personal attention to the duties of his office. Each legislator
shall take the following oath of office on the first day of the
next session of the legislature following his election but upon
election shall be qualified to participate in all interim legisla-
tive activities, and each other public officer before taking office
shall swear or affirm: "I do solemnly swear [or affirm] that
I will support, protect, and defend the Constitution and Gov-
ernment of the United States and of the State of Florida; that
I am duly qualified to hold office under the Constitution of
the State; and that I will well and faithfully perform the duties
of [title of office] on which I am now about to enter. So help
me God."
Each public officer shall give bond as provided by law and
shall not be surety upon the official bond of another public
officer. His compensation shall be payable monthly on his own
requisition.
Section 9. Property of married women.-All property of a
wife owned before or acquired after marriage shall be her
separate property and shall not be liable for the debts of her
husband without her written consent executed according to
law governing conveyance of the subject property.
Section 10. Suits against public bodies-extra compensa-
tion-claim bills.-The legislature may provide by general law
for suits against the state or any public body therein.
No extra compensation shall be paid to any officer, agent,
or employee after the service is rendered, or to any contractor
except in accordance with the terms of the contract. No money
shall be appropriated for or paid on any claim not specifically
identified and provided for by law in force when the claim
accrues unless the co nati cpensation or claim has been allowed
by bill passed by two thirds of the members elected to each
house of the legislature.
Section 11. Civil actions-restrictions on statutes of limita-
tion.-The time for bringing a civil action on any existing
cause of action shall not be reduced without providing a
reasonable period for bringing it.
Section 12. Criminal statutes-repeal or modification.-Re-
peal or amendment of a criminal statute shall not affect
prosecution or punishment for any crime committed prior
thereto.
Section 13. Amendments to United States constitution -
prerequisite to state action.-No state convention or legislature
shall take action on any proposed amendment to the constitu-
tion of the United States unless a majority of the members
thereof shall have been elected after its submission to the
states.

Section 14. Lotteries prohibited. All lotteries are pro-
hibited.
Section 15. Miscegenation prohibited. Marriage between
a white person and a person of negro descent through the
fourth generation is prohibited.
Section 16. Effective date of this article.-This article is
one of a group of fourteen amendments proposed at the same
session of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part
of the constitution unless the electors adopt simultaneously
with this article the amendments constituting respectively the
Preamble and Articles I, III, IV, and VI through XIV. This
section is an integral part of this article and the entire
article shall be invalid if this section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen join fourteent resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become ef-
fective unless the electors adopt each of said fourteen pro-
posed amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may by
a single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any
one of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
Section 5. This joint resolution shall not become opera-
tive unless and until House Joint Resolution No. 32-X and all
of said fourteen joint resolutions containing said fourteen pro-
posed amendments, whether originating in the senate or the
house of representatives, are adopted by each house of the
legislature.
-the result was:
Yeas:

Mr. Speaker Grimes
Alexander Harris
Anderson Hathaway
Arrington Herrell
Askins Hollahan
Barron Horne
Bartholomew Inman, J. C.
Beasley Inman, W. M.
Beck Johnson
Blank Jones
Chaires Kimbrough
Chappell Lancaster
Cleveland Livingston
Costin Maness
Crews Mann
Daniel Manning
Duncan Marshburn
Frederick Mathews
Gibbons Mattox
Griffin,B.H.,Jr. Mitchell, R. O.
Griffin,J.J.,Jr. Mitchell, Sam
Nays:

Carney

Muldrew Sheppard
Musselman Shipp
O'Neill Smith, R. J.
Orr Stewart, C. D.
Papy Stone
Patton Strickland
Peavy Surles
Peeples Sweeny
Petersen Turlington
Porter Usina
Pratt Vocelle
Putnal Wadsworth
Roberts, C. A. Walker
Roberts, E. S. Weinstein
Roberts, H. W. Williams, B.D.
Rowell, E. C. Williams, G.W.
Rowell, M. H. Williams,J.R.A.
Russ Wise
Ryan Youngberg
Saunders Zelmenovitz
Shaffer

Peacock

Yeas-83.
Nays-2.
So the joint resolution passed, as amended, by the required
Constitutional three-fifths vote of all Members elected to the
House of Representatives for the 1957 Extraordinary Session
of the Florida Legislature and was ordered engrossed.

83

84 JOURNAL OF THE HOU

Mr. Chappell moved that the rules be further waived and
House Joint Resolution No. 10-X be immediately certified to the
Senate.
The motion was agreed to by a two-thirds vote, and the
bill was ordered immediately certified to the Senate, after
engrossment.

H. J. R. No. 12-X.-A Joint Resolution proposing revision
of Article VI of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article VI
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or
rejection at an election to be held as provided at this session
of the legislature, that is to say:
ARTICLE VI
SUFFRAGE AND ELECTIONS
Section 1. Secret vote-direct vote-choice by plurality-
regulation of elections.-Unless otherwise provided herein, all
elections by the people shall be by secret and direct vote and
shall be determined by a plurality of the votes cast. The con-
duct of elections, requirements for absentee voting, methods of
voting, determination of election returns, and procedure in
election contests shall be prescribed by law. Recognition, regu-
lation, and nominating procedure of political parties shall be
provided by law.
Section 2. Electors qualifications registration.-Every
citizen of the United States who is twenty-one years of age,
and who immediately preceding registration has been a perma-
nent resident for one year in the state and for six months in
the county in which he applies to register, shall upon register-
ing be a qualified elector of such county at all elections under
this constitution. The legislature shall provide for registration
of all electors, and may provide for registration of electors
outside the territorial limits of the state, and no person may
vote unless registered according to law. A naturalized citizen
shall exhibit his certificate of naturalization or a duly certified
copy thereof to the registration officer when applying for
registration.
Section 3. Oath of electors.-Each elector shall take the
following oath upon registering: "I do solemnly swear [or
affirm that I will protect and defend the Constitution of the
United States and the Constitution of the State of Florida,
that I am twenty-one years of age, that I have been a resident
of the State of Florida for one year and of the county for
six months, and that I am qualified to vote under the Con-
stitution and laws of the State of Florida."
Section 4. Disqualifications.-No person convicted in this
state of a felony, or elsewhere convicted of a crime that would
constitute a felony if committed in this state, or judicially de-
termined to be of unsound mind, or under judicial guardian-
ship because of mental disability, shall be qualified to vote or
hold public office until his civil rights are restored or his dis-
ability removed.
Section 5. General and special elections.-A general elec-
tion shall be held in each county on the first Tuesday after the
first Monday in November of each even-numbered year to
choose a successor to each elective state or county officer whose
term will expire before the next general election and, except
as provided herein, to fill each vacancy in elective office for the
unexpired portion of the term. The month and day of general
elections may be changed by law.
Special elections and referenda shall be held at the time and
in the manner provided by law.
Section 6. Effective date of this article.-This article is one
of a group of fourteen amendments proposed at the same ses-
sion of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part of the

constitution unless the electors adopt simultaneously with this
article the amendments constituting respectively the Preamble
and Articles I through IV and VII through XIV. This section
is an integral part of this article and the entire article shall be
invalid if this section is held invalid.

Is

SE OF REPRESENTATIVES Oct. 3, 1957

Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become
effective unless the electors adopt each of said fourteen pro-
posed amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may
by a single vote cast his vote for approval or rejection of all
of them and also in such manner that each elector may, in
the alternative, cast his vote for approval or rejection of any
one of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-was taken up.
Mr. Chappell moved that House Joint Resolution No. 12-X
be read a second time in full.
The motion was agreed to, and House Joint Resolution No.
12-X was read a second time in full.
The Committee on Constitutional Amendments offered the
following amendment to House Joint Resolution No. 12-X:
Add the following section at the end of the resolution:
Section 5. This joint resolution shall not become opera-
tive unless and until House Joint Resolution No. 32-X and
all of said fourteen joint resolutions containing said fourteen
proposed amendments, whether originating in the senate or
the house of representatives, are adopted by each house of
the legislature.
Mr. Chappell moved the adoption of the amendment.
The motion was agreed to and the amendment was adopted.
Mr. Chappell moved that House Joint Resolution No. 12-X
be considered section by section.
The motion was agreed to and it was so ordered.
Section 1 of the joint resolution was taken up.
Section 1 of Article VI was taken up.
There were no amendments offered to Section 1.
Section 2 of Article VI was taken up.
Mr. Peacock of Jackson offered the following amendment
to House Joint Resolution No. 12-X:
In Article VI, Section 2, line 2, following the words "who is"
strike out: "twenty-one years of age" and insert the following
in lieu thereof: "eighteen years of age"
Mr. Peacock moved the adoption of the amendment.
A roll call was demanded.
When the vote was taken on the adoption of the amend-
ment, the result was:
Yeas:
Mr. Speaker Hollahan Peavy Turlington
Barron Kimbrough Porter Usina
Bartholomew Manning Putnal Vocelle
Beasley Mitchell, Sam Roberts, H. W. Wadsworth
Blank Musselman Ryan Williams, B.D.
Costin Orr Shipp Williams, G.W.

Cross Papy Stone Williams,J.R.A.
Grimes Peacock Strickland Wise
Nays:
Alexander Arrington Beck Chappell
Anderson Askins Chaires Cleveland

JOURNAL OF THE HOUSE

Crews Jones Peeples Smith, R. J.
Daniel Lancaster Petersen Smith, S. C.
Frederick Maness Pratt Stewart, C. D.
Gibbons Mann Roberts, C. A. Stewart, E. L.
Griffin,B.H.,Jr. Marshburn Roberts, E. S. Surles
Griffin,J.J.,Jr. Mathews Rowell, E. C. .Sweeny
Hathaway Mattox Rowell, M. H. Walker
Herrell Mitchell, R. O. Russ Weinstein
Horne Muldrew Saunders Youngberg
Inman, J. C. O'Neill 3haffer
Johnson Patton Sheppard
Yeas-32.

Nays-50.

The motion was not agreed to and the amendment was not
adopted.
Section 3 of Article VI was taken up.
There were no amendments offered to Section 3.
Section 4 of article VI was taken up.
The Committee on Constitutional Amendments offered the
following amendment to House Joint Resolution No. 12-X:

In Article VI, Section 4, following the words "of a felony"
strike out: "or elsewhere convicted of a crime that would con-
stitute a felony if committed in this state,"
Mr. Mathews moved the adoption of the amendment.
The motion was agreed to and the amendment was adopted.
The Committee on Constitutional Amendments offered the
the following amendment to House Joint Resolution No. 12-X:
In Article VI, Section 4, following the words "no person
convicted" strike out: "In this state".

Mr. Mathews moved the adoption of the amendment.
The motion was agreed to and the amendment was adopted.
Section 5 of Article VI was taken up.
There were no amendments offered to Section 5.
Section 6 of Article VI was taken up.
There were no amendments offered to Section 6.
Section 2 of the joint resolution was taken up.
There were no amendments offered to Section 2.
Section 3 of the joint resolution was taken up.
There were no amendments offered to Section 3.
Section 4 of the joint resolution was taken up.
There were no amendments offered to Section 4.
Mr. Chappell moved that the rules be waived and House
Joint Resolution No. 12-X, as amended, be read a third time
in full and placed upon its passage.

The motion was agreed to by a two-thirds vote, and House
Joint Resolution No. 12-X was read a third time in full.
When the vote was taken on the passage of the joint reso-
lution, which reads as follows:
H. J. R. No. 12-X.-A Joint Resolution proposing revision
of Article VI of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:

Section 1. The following proposed revision of Article VI
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or

rejection at an election to be held as provided at this session
of the legislature, that is to say:

Oct. 3, 1957

by a single vote cast his vote for approval or rejection of all
of them and also in such manner that each elector may, in
the alternative, cast his vote for approval or rejection of any
one of them.

Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-

E OF REPRESENTATIVES 85

ARTICLE VI
SUFFRAGE AND ELECTIONS
Section 1. Secret vote--direct vote-choice by plurality-
regulation of elections.-Unless otherwise provided herein, all
elections by the people shall be by secret and direct vote and
shall be determined by a plurality of the votes cast. The con-
duct of elections, requirements for absentee voting, methods of
voting, determination of election returns, and procedure in
election contests shall be prescribed by law. Recognition, regu-
lation, and nominating procedure of political parties shall be
provided by law.
Section 2. Electors qualifications registration.-Every
citizen of the United States who is twenty-one years of age,
and who immediately preceding registration has been a perma-
nent resident for one year in the state and for six months in
the county in which he applies to register, shall upon register-
ing be a qualified elector of such county at all elections under
this constitution. The legislature shall provide for registration
of all electors, and may provide for registration of electors
outside the territorial limits of the state, and no person may
vote unless registered according to law. A naturalized citizen
shall exhibit his certificate of naturalization or a duly certified
copy thereof to the registration officer when applying for
registration.
Section 3. Oath of electors.-Each elector shall take the
following oath upon registering: "I do solemnly swear [or
affirm] that I will protect and defend the Constitution of the
United States and the Constitution of the State of Florida,
that I am twenty-one years of age, that I have been a resident
of the State of Florida for one year and of the county for
six months, and that I am qualified to vote under the Con-
stitution and laws of the State of Florida."
Section 4. Disqualifications.- No person convicted of a
felony, or judicially determined to be of unsound mind, or
under judicial guardianship because of mental disability,
shall be qualified to vote or hold public office until his civil
rights are restored or his disability removed.
Section 5. General and special elections.-A general elec-
tion shall be held in each county on the first Tuesday after the
first Monday in November of each even-numbered year to
choose a successor to each elective state or county officer whose
term will expire before the next general election and, except
as provided herein, to fill each vacancy in elective office for the
unexpired portion of the term. The month and day of general
elections may be changed by law.
Special elections and referenda shall be held at the time and
in the manner provided by law.
Section 6. Effective date of this article.-This article is one
of a group of fourteen amendments proposed at the same ses-
sion of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part of the
constitution unless the electors adopt simultaneously with this
article the amendments constituting respectively the Preamble
and Articles I through IV and VII through XIV. This section
is an integral part of this article and the entire article shall be
invalid if this section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become
effective unless the electors adopt each of said fourteen pro-
posed amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Oct. 3, 1957

come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
Section 5. This joint resolution shall not become operative
unless and until House Joint Resolution No. 32-X and all of
said fourteen joint resolutions containing said fourteen pro-
posed amendments, whether originating in the senate or the
house of representatives, are adopted by each house of the
legislature.
-the result was:
Yeas:

Mr. Speaker Griffin,J.J.,Jr.
Alexander Grimes
Anderson Harris
Askins Hathaway
Ayers Herrell
Barron Hollahan
Bartholomew Horne
Beasley Inman, J. C.
Beck Inman, W. M.
Blank Johnson
Chaires Jones
Chappell Kimbrough
Cleveland Lancaster
Costin Livingston
Crews Mann
Cross Manning
Daniel Marshburn
Duncan Mathews
Frederick Mattox
Griffin,B.H.,Jr. Mitchell, R. 0.

Mitchell, Sam
Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peavy
Peeples
Petersen
Porter
Putnal
Roberts, C. A.
Roberts, E. S.
Rowell, E. C.
Russ
Ryan
Saunders
Shaffer
Sheppard

Shipp
Smith, R. J.
Smith, S. C.
Stewart, C. D
Stone
Strickland
Surles
Sweeny
Turlington
Vocelle
Wadsworth
Weinstein
Williams, B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg

Peacock

Yeas-77.
Nays-2.
So the joint resolution passed, as amended, by the required
Constitutional three-fifths vote of all Members elected to the
House of Representatives for the 1957 Extraordinary Session
of the Florida Legislature and was ordered engrossed.
Mr. Chappell moved that the rules be further waived and
House Joint Resolution No. 12-X be immediately certified to
the Senate.
The motion was agreed to by a two-thirds vote, and the bill
was ordered immediately certified to the Senate, after en-
grossment.
H. J. R. No. 13-X-A Joint Resolution proposing revision of
Article VII of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article VII of
the Constitution of Florida is hereby agreed to and shall be
submitted to the electors of Florida for ratification or rejec-
tion at an election to be held as provided at this session of
the legislature, that is to say:
ARTICLE VII
LOCAL GOVERNMENT
Section 1. Counties municipalities special districts -
powers and functions.- All powers of local government shall
be exercised by counties, municipalities, and special districts,
and shall be limited to those delegated herein or by the legis-
lature. They shall also perform such state functions as the
legislature may provide.
Section 2. Counties as political subdivisions-county seats.
-The state shall be divided into political subdivisions called
counties. The counties and their respective county seats as now
established are recognized, and no county seat may be changed
except by vote of the electors; provided, in the formation of
new counties the county seat may be temporarily established
by law.
Section 3. Establishment of new counties.-The legislature
shall have power to establish new counties and to change county

lines. Every newly established county shall be held liable for
its proportion of the then existing liabilities of the county or
counties from which it shall be formed, rated upon the basis
of the assessed value of the property, both real and personal,
subject to taxation within the territory taken from any county
or counties; and every county acquiring additional territory
from another county shall be held liable for its proportion of
the liabilities of such other county existing at the time of such
acquisition, to be rated upon the basis of the assessed value
of all property subject to taxation within such acquired terri-
tory.
Section 4. Location of county offices-public records.-The
principal offices and permanent records of all county officers
shall be at the county seat; provided, by vote of the electors,
branch offices for the conduct of county business and facilities
for court proceedings may be established elsewhere in the
county. No instrument shall be deemed recorded until filed
in the proper office at the county seat.
Section 5. (a) Conmmissioner districts-decennial revision-
county conmmission.-Each county shall be divided into five
commissioner districts numbered consecutively, and its gov-
erning body shall be a Board of County Commissioners, consist-
ing of five members, one from each commissioner district. Upon
certification of each decennial federal census the board of
county commissioners shall forthwith revise the boundaries of
the commissioner districts so that according thereto they will
be approximately equal in population, giving consideration to
geographic area.
(b) County officers-selection-term of office.-The follow-
ing officers shall be elected by and from among the electors of
each county for a term of four years: one member of the board
of county commissioners from each commissioner district, one
member of the County School Board from each commissioner
district unless otherwise provided by law, County Judge or
Judges as provided herein, Clerk of the Circuit Court, Sheriff,
Tax Assessor, Tax Collector, County School Superintendent, and
Supervisor of Registration; provided, by local or general law
subject to the approval of the electors of any county, each
member of the board of county commissioners and of the
county school board shall be elected by and from among the
the electors of the district within which he resides and quali-
fies for office. Each member of the board of county commis-
sioners and of the county school board shall reside in the
district from which elected. Successors to those members of
the board of county commissioners representing odd-numbered
districts and of the county school board representing even-
numbered districts shall be elected in 1960, and successors to
those representing respectively even-numbered districts and
odd-numbered districts shall be elected in 1962; provided, suc-
cession to county school board membership may be changed
by law.
Section 6. Welfare.-Counties shall provide in the manner
prescribed by law for residents having claim upon the aid and
sympathy of society by reason of age, infirmity, or misfortune.
Section 7. Alcoholic beverages-county option.-Upon peti-
tion of one fourth of the electors of a county the board of
county commissioners shall provide for a special election to
determine whether sale of all intoxicating beverages shall
be prohibited therein or to determine the method of such
sale where permitted; and in like manner an election shall be
held in a county prohibiting sale to determine whether such
prohibition shall be removed. The election shall be held within
sixty days from presentation of the petition unless a regular
primary or general election falls within such period, in which
event it shall be held within sixty days thereafter. Not more
than one such election shall be held in any two-year period.
Section 8. Criminal cases-costs and fines.-In all criminal
cases prosecuted in the name of the state against an insolvent
or discharged, defendant, the county in which the case was
prosecuted shall under regulations prescribed by law pay the
legal costs. All fines and forfeitures collected in each county
under the state penal laws shall be applied to payment of
costs and expenses of prosecuting crimes therein.
Section 9. Municipalities establishment abolition -
government protection of creditors.-The legislature may
establish and abolish municipalities, may provide for their
government, and may prescribe and alter at any time their

jurisdiction and powers. Whenever a municipality is abolished,
provision shall be made for the protection of its creditors.

86

Nays:
Carney

JOURNAL OF THE HOUSE

Section 10. Municipal taxes assessment and collection
by county officers.-Subject to approval by vote of the munici-
pal electors at a special election held separately or with any
other election the legislature may by general, special, or
local law provide for assessment and collection of the taxes
of any municipality by the tax assessor and tax collector
respectively of the county in which it is situated and for pay-
ment by the municipality of reasonable compensation to these
county officers for performance of these additional duties.
Section 11. Special districts lying in one county govern-
ing board.-Unless otherwise provided by law, the governing
board of special districts lying wholly within a county shall
be the board of county commissioners of the county. The
legislature may provide by law for the appointment of the
governing board by the governor or by the board of county
commissioners, or for election thereof by the electors.
Section 12. Special districts lying in more than one county
-government.-The legislature by special or local law may
create special districts that include territory lying in more
than one county and may prescribe their form of government,
powers, and duties.
Section 13. Local governmental units cooperation with
other governmental units.-Any local governmental unit may
contract and cooperate with other local governmental units,
with the state, or with the United States in the exercise of
any of its authorized proprietary functions for the planning,
development, construction, acquisition, or operation of any
public improvement or facility or for a common service.
Section 14. Effective date of this article.-This article is
one of a group of fourteen amendments proposed at the same
session of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part of
the constitution unless the electors adopt simultaneously with
this article the amendments constituting respectively the Pre-
amble and Articles I, II, III, IV, VI, and VIII through XIV.
This section is an integral part of this article and the entire
article shall be invalid if this section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Article I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become effec-
tive unless the electors adopt each of said fourteen proposed
amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may
by a single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any one
of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not
become effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-was taken up.

Mr. Chappell moved that Senate Joint Resolution No. 9-X
be withdrawn from the Committee on Constitutional Amend-
ments and placed on the Calendar.
The motion was agreed to by a two-thirds vote and it was
so ordered.
Mr. Chappell moved that the House now take up and con-
sider Senate Joint Resolution No. 9-X, a companion measure
to House Joint Resolution No. 13-X, now on the Calendar.

The motion was agreed to, and -.

Senate Joint Resolution No. 9-X(57) :

A JOINT RESOLUTION PROPOSING REVISION OF

Oct. 3, 1957

bered districts and of the county school board representing
even-numbered districts shall be elected in 1960, and succes-
sors to those representing respectively even-numbered districts
and odd-numbered districts shall be elected in 1962; provided,
succession to county school board membership may be changed
by law.

E OF REPRESENTATIVES 87

ARTICLE VII OF THE CONSTITUTION OF THE STATE
OF FLORIDA.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. The following proposed revision of Article VII
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or re-
jection at an election to be held as provided at this session
of the legislature, that is to say:
ARTICLE VII
LOCAL GOVERNMENT
Section 1. Counties-municipalities-special districts-pow-
ers and functions.-All powers of local government shall be
exercised by counties, municipalities, and special districts, and
shall be limited to those delegated herein or by the legislature.
They shall also perform such state functions as the legislature
may provide.
Section 2. Counties as political subdivisions-county seats.
-The state shall be divided into political subdivisions called
counties. The counties and their respective county seats as
now established are recognized, and no county seat may be
changed except by vote of the electors; provided, in the forma-
tion of new counties the county seat may be temporarily es-
tablished by law.
Section 3. Establishment of new counties.-The legislature
shall have power to establish new counties and to change
county lines. Every newly established county shall be held
liable for its proportion of the then existing liabilities of the
county or counties from which it shall be formed, rated upon
the basis of the assessed value of the property, both real and
personal, subject to taxation within the territory taken from
any county or counties; and every county acquiring additional
territory from another county shall be held liable for its pro-
portion of the liabilities of such other county existing at the
time of such acquisition, to be rated upon the basis of the
assessed value of all property subject to taxation within such
acquired territory.
Section 4. Location of county offices-public records.-The
principal offices and permanent records of all county officers
shall be at the county seat; provided, by vote of the electors,
branch offices for the conduct of county business and facilities
for court proceedings may be established elsewhere in the coun-
ty. No instrument shall be deemed recorded until filed in the
proper office at the county seat.
Section 5. (a) Commissioner districts-decennial revision-
county commission.-Each county shall be divided into five
commissioner districts numbered consecutively, and its gov-
erning body shall boy ale a Board of County Commissioners, con-
sisting of five members, one from each commissioner district.
Upon certification of each decennial federal census the board
of county commissioners shall forthwith revise the boundaries
of the commissioner disiritricts so that according thereto they
will be approximately equal in population, giving consideration
to geographic area.
(b) County officers-selection--term of office.-The follow-
ing officers shall be elected by and from among the electors of
each county for a term of four years: one member of the
board of county commissioners from each commissioner dis-
trict, one member of the County School Board from each
commissioner district unless otherwise provided by law, County
Judge or Judges as provided herein, Clerk of the Circuit Court,
Sheriff, Tax Assessor, Tax Collector, County School Superin-
tendent, and Supervisor of Registration; provided, by local or
general law subject to the approval of the electors of any
county, each member of the board of county commissioners and
of the county school board shall be elected by and from
among the electors of the district within which he resides
and qualifies for office. Each member of the board of county
commissioners and of the county school board shall reside in
the district from which elected. Successors to those members
of the board of county commis:;sionrer-s representing odd-num-

88 JOURNAL OF THE HOL

Section 6. Welfare.-Counties shall provide in the manner
prescribed by law for residents having claim upon the aid and
sympathy of society by reason of age, infirmity, or misfortune.
Section 7. Alcoholic beverages-county option.-Upon peti-
tion of one fourth of the electors of a county the board of
county commissioners shall provide for a special election to
determine whether sale of all intoxicating beverages shall be
prohibited therein or to determine the method of such sale
where permitted; and in like manner an election shall be held
in a county prohibiting sale to determine whether such pro-
hibition shall be removed. The election shall be held within
sixty days from presentation of the petition unless a regular
primary or general election falls within such period, in which
event it shall be held within sixty days thereafter. Not more
than one such election shall be held in any two-year period.
Section 8. Criminal cases-costs and fines.-In all criminal
cases prosecuted in the name of the state against an insolvent
or discharged defendant, the county in which the case was
prosecuted shall under regulations prescribed by law pay the
legal costs. All fines and forfeitures collected in each county
under the state penal laws shall be applied to payment of
costs and expenses of prosecuting crimes therein.
Section 9. Municipalities establishment abolition -
government protection of creditors.- The legislature may
establish and abolish municipalities, may provide for their
government, and may prescribe and alter at any time their
jurisdiction and powers. Whenever a municipality is abolished,
provision shall be made for the protection of its creditors.
Section 10. Municipal taxes-assessment and collection by
county officers.-Subject to approval by vote of the muni-
cipal electors at a special election held separately or with any
other election the legislature may by general, special, or local
law provide for assessment and collection of the taxes of any
municipality by the tax assessor and tax collector respectively
of the county in which it is situated and for payment by the
municipality of reasonable compensation to these county offi-
cers for performance of these additional duties.
Section 11. Special districts lying in one county-governing
board.-Unless otherwise provided by law, the governing board
of special districts lying wholly within a county shall be the
board of county commissioners of the county. The legislature
may provide by law for the appointment of the governing
board by the governor or by the board of county commission-
ers, or for election thereof by the electors.
Section 12. Special districts lying in more than one county-
government.-The legislature by special or local law may
create special districts that include territory lying in more
than one county and may prescribe their form of government,
powers, and duties.
Section 13. Local governmental units cooperation with
other governmental units.-Any local governmental unit may
contract and cooperate with other local governmental units,
with the state, or with the United States in the exercise of
any of its authorized proprietary functions for the planning,
development, construction, acquisition, or operation of any
public improvement or facility or for a common service.
Section 14. Effective date of this article.-This article is
one of a group of fourteen amendments proposed at the same
session of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part of
the constitution unless the electors adopt simultaneously with
this article the amendments constituting respectively the Pre-
amble and Articles I, II, III, IV, VI, and VIII through XIV.
This section is an integral part of this article and the entire
article shall be invalid if this section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would
be impracticable to have the provisions of any of them be-
come operative unless all of them are presented at the same
election and are adopted threat, and that the constitutional

amendment proposed in this joint resolution should not be-
come effective unless the electors adopt each of said fourteen
proposed amendments at the same election.
Section 3. The secretary of state is directed to prepare

J

following amendment to Senate Joint Resolution No. 9-X:
In Article VII, Section 5, Sub-section (b), strike out Sub-
section (b) and insert the following in lieu thereof:

-- -

SE OF REPRESENTATIVES Oct. 3, 1957

ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may
by a single vote cast his vote for approval or rejection of
all of them and also in such manner that each elector may,
in the alternative, cast his vote for approval or rejection of
any one of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not
become effective. This entire resolution shall not become ef-
fective if any portion thereof is held invalid.
-was taken up.
Mr. Chappell moved that Senate Joint Resolution No. 9-X
be substituted for and considered in lieu of House Joint Reso-
lution No. 13-X.
The motion was agreed to and Senate Joint Resolution No.
9-X was substituted for House Joint Resolution No. 13-X.
Mr. Chappell moved that Senate Joint Resolution No. 9-X
be read a second time in full.
The motion was agreed to, and Senate Joint Resolution No.
9-X was read a second time in full.
Mr. Chappell moved that Senate Joint Resolution No. 9-X
be considered section by section.
The motion was agreed to and it was so ordered.
Section 1 of the joint resolution was taken up.
Section 1 of Article VII was taken up.
There were no amendments offered to Section 1.
Section 2 of Article VII was taken up.
There were no amendments offered to Section 2.
Section 3 of Article VII was taken up.
There were no amendments offered to Section 3.
Section 4 of Article VII was taken up.
The Committee on Constitutional Amendments offered the
following amendment to Senate Joint Resolution No. 9-X.
In Article VII, Section 4, strike out all of the section after
the caption and insert the following in lieu thereof: "The
principal offices and permanent records of all county officers
shall be at the county seat; provided, branch offices for the
conduct of county business and facilities for court proceedings
may be established by law elsewhere in the county. No instru-
ment shall be deemed recorded until filed at the county seat
according to law."
Mr. Chappell moved the adoption of the amendment.
Pending consideration thereof-
Messrs. Karl and Sweeny of Volusia offered the following
amendment to the amendment to Senate Joint Resolution No.
9-X:
In Article VII, Section 4, following the words "and facilities
for court proceedings" insert the following: "including Jury
Trials in civil cases"
Mr. Sweeny moved the adoption of the amendment to the
amendment.
The motion was agreed to and the amendment to the amend-
ment was adopted.
The question then recurred on the adoption of the amend-
ment, as amended.
The motion was agreed to and the amendment, as amended,
was adopted.
Section 5 of Article VII was taken up.
The Committee on Constitutional Amendments offered the

"(b) County officers-selection-term of office.- The fol-
lowing officers shall be elected by and from among the electors
of each county for a term of four years: one member of the
board of county commissioners from each commissioner dis-
trict, one member of the County School Board from each com-
missioner district unless otherwise provided by law, County
Judge or Judges as provided herein, Clerk of the Circuit Court,
Sheriff, Tax Assessor, Tax Collector, County School Superin-
tendent except in those counties where he is appointed accord-
ing to law at the effective date hereof, and Supervisor of
Registration; provided, by local or general law subject to the
approval of the electors of any county, the county school
superintendent shall be appointed by and serve at the pleasure
of the county school board, and not less than four years after
so providing the county may by the same method provide for
his election. Successors to those members of the board of
county commissioners representing odd-numbered districts
and of the county school board representing even-numbered
districts shall be elected in 1960, and successors to those repre-
senting respectively even-numbered districts and odd-numbered
districts shall be elected in 1962; provided, this method of
electing county school board members may be changed by law."
Mr. Chappell moved the adoption of the amendment.
The motion was agreed to and the amendment was adopted.
Section 6 of Article VII was taken up.
There were no amendments offered to Section 6.
Section 7 of Article VII was taken up.
There were no amendments offered to Section 7.
Section 8 of Article VII was taken up.
There were no amendments offered to Section 8.
Section 9 of Article VII was taken up.
There were no amendments offered to Section 9.
Section 10 of Article VII was taken up.
There were no amendments offered to Section 10.
Section 11 of Article VII was taken up.
There were no amendments offered to Section 11.
Section 12 of Article VII was taken up.
The Committee on Constitutional Amendments offered the
following amendment to Senate Joint Resolution No. 9-X:
In Article VII, Section 12, strike out all of the section after
the caption and insert the following in lieu thereof: "The legis-
lature by special or local law may for special purposes create
special districts that include territory lying in more than
one county and may prescribe the composition, powers, and
duties of their governing bodies."
Mr. Chappell moved the adoption of the amendment.
The motion was agreed to and the amendment was adopted.
Section 13 of Article VII was taken up.
There were no amendments offered to Section 13.
Section 14 of Article VII was taken up.
There were no amendments offered to Section 14.
Section 2 of the joint resolution was taken up.
There were no amendments offered to Section 2.
Section 3 of the joint resolution was taken up.
There were no amendments offered to Section 3.
Section 4 of the joint resolution was taken up.
There were no amendments offered to Section 4.
The Committee on Constitutional Amendments offered the
following amendment to Senate Joint Resolution No. 9-X:
Add the following section at the end of the resolution:

89

Section 5. This joint resolution shall not become operative
unless and until House Joint Resolution No. 32-X and all of
said fourteen joint resolutions containing said fourteen pro-
posed amendments, whether originating in the senate or the
house of representatives, are adopted by each house of the
legislature.
Mr. Chappell moved the adoption of the amendment.
The motion was agreed to and the amendment was adopted.
Messrs. Musselman and Ryan of Broward, Gibbons of Hills-
borough, Sweeny and Karl of Volusia, Cross of Alachua and
Inman of Orange, and Mrs. Johnson of Orange offered the
following amendment to Senate Joint Resolution No. 9-X:
In Article VII, after Section 5, insert the following as Section
6:
"Section 6. County ordinances legislative grant of au-
thority to enact.-The legislature may by special or local law
authorize any board of county commissioners to enact county
ordinances. Each law shall specify the subjects to which the
ordinances shall be confined. No such law shall conflict with
any general law; no ordinance shall conflict with any general,
special, or local law; and the legislature may amend or repeal
any ordinance."
and renumber the remaining sections of the article.
Mr. Musselman moved the adoption of the amendment.
A roll call was demanded.
When the vote was taken on the adoption of the amendment,
the result was:
Yeas:
Mr. Speaker Griffin,B.H.,Jr. Mitchell, R. O. Smith, S. C.
Alexander Griffin,J.J.,Jr. Muldrew Stewart, C. D.
Askins Grimes Musselman Stone
Barron Harris O'Neill Surles
Bartholomew Herrell Orr Sweeny
Beasley Hollahan Papy Turlington
Beck Horne Petersen Vocelle
Blank Inman, J. C. Porter Wadsworth
Chappell Johnson Pratt Walker
Cleveland Livingston Roberts, E. S. Williams, B.D.
Crews Maness Ryan Williams,J.R.A.
Cross Mann Shaffer Youngberg
Frederick Mathews Shipp Zelmenovitz
Gibbons Mattox Smith, R. J.
Nays:
Anderson Inman, W. M. Patton Saunders
Arrington Jones Peavy Sheppard
Ayers Kimbrough Peeples Stewart, E. L.
Chaires Lancaster Putnal Strickland
Costin Manning Roberts, C. A. Williams, G.W.
Daniel Marshburn Rowell, E. C. Wise
Duncan McAlpin Rowell, M. H.
Hathaway Mitchell, Sam Russ
Yeas-55.
Nays-30.
The motion was agreed to and the amendment was adopted.
Mr. Chappell moved that the rules be waived and Senate
Joint Resolution No. 9-X, as amended, be read a third time in
full and placed upon its passage.
The motion was agreed to by a two-thirds vote, and Senate
Joint Resolution No. 9-X, as amended, was read a third time
in full.
Pending roll call-
The roll was taken to determine the presence of a quorum.
A quorum of 87 Members present.
The question recurred on the final passage of Senate Joint
Resolution No. 9-X, as amended.
Pending roll call-

Oct. 3, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

90 JOURNAL OF THE HOt

Mr. Chappell moved that further consideration of Senate
Joint Resolution No. 9-X be temporarily deferred.
The motion was agreed to and it was so ordered.
INTRODUCTION OF GUESTS
Mr. Inman of Orange introduced the Honorable Earle Kipp,
Superintendent of Public Instruction of Orange County.
Mr. Youngberg introduced Miss Judy Gernhart of Sarasota
and Mr. Dink Wise of Palatka, Students at Florida State
University.
H. J. R. No. 17-X-A Joint Resolution proposing revision of
Article XI of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article XI
of the Constitution of Florida is hereby agreed to and shall be
submitted to the electors of Florida for ratification or re-
jection at an election to be held as provided at this session of
the legislature, that is to say:
ARTICLE XI
MILITIA
Section 1. Composition of militia.-The militia shall be
composed of all able-bodied inhabitants of the state that are
or have declared their intention to become citizens of the
United States; and no person shall because of religious creed
or opinion be exempted from military duty except upon con-
ditions prescribed by law.
Section 2. Organization equipping housing disci-
pline safekeeping of arms.-The legislature may provide for
organizing, equipping, housing, maintaining, and disciplining
the militia of the state, and for the safekeeping of public arms.
Section 3. Officers of militia.-The governor shall appoint
all commissioned officers of the militia, including an adjutant
general. The appointment of all general officers shall be with
the consent of the senate. Officers shall take rank according
to the dates of their commissions. The officers and enlisted
men of the state militia, when uniformed, shall wear the uni-
form prescribed for the United States military service.
Section 4. Call by governor. The governor shall have
power to call out the militia to preserve the public peace, to
execute the laws of the state, to suppress insurrection, or to
repel invasion.
Section 5. Federally recognized national guard.-Whenever
a federally recognized national guard exists in the state it
shall be sui generis and subject to the lawful orders of the
governor, who shall be commander-in-chief. It shall be sup-
ported and maintained by the state pursuant to the provisions
of federal statutes and regulations of the United States depart-
ment of defense pertaining to organizing, arming, governing,
and disciplining it. Its officers, including the adjutant general,
shall be appointed, and shall be subject to suspension, dis-
charge, removal, or compulsory retirement, solely on the basis
of military proficiency, character, and service determined pur-
suant to United States department of defense regulations and
usages sanctioned by law, and the qualifications of its per-
sonnel shall be those prescribed in military regulations of the
United States department of defense.
Section 6. Effective date of this article.-This article is
one of a group of fourteen amendments proposed at the same
session of the legislature and submitted to the electors at the
same election, and it shall not become effection or a part of
the constitution unless the electors adopt simultaneously with
this article the amendments constituting respectively the Pre-
amble and Articles I through IV, VI through X, and XII
through XIV. This section is an integral part of this article
and the entire article shall be invalid if this section is held
invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting

the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become effec-

I!

SE OF REPRESENTATIVES Oct. 3, 1957

tive unless the electors adopt each of said fourteen proposed
amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may by
a single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any one
of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-was taken up.
Mr. Chappell moved that House Joint Resolution No. 17-X
be read a second time in full.
The motion was agreed to, and House Joint Resolution No.
17-X was read a second time in full.
Mr. Chappell moved that House Joint Resolution No. 17-X
be considered section by section.
The motion was agreed to and it was so ordered.
Section 1 of the joint resolution was taken up.
Section 1 of Article XI was taken up.
There were no amendments offered to Section 1.
Section 2 of Article XI was taken up.
There were no amendments offered to Section 2.
Section 3 of Article XI was taken up.
The Committee on Constitutional Amendments offered the
following amendment to House Joint Resolution No. 17-X:
In Article XI, Section 3, strike out the final sentence of the
section and insert the following in lieu thereof:
"The personnel of the state militia, when uniformed, shall
wear the uniform prescribed by law."
Mr. Chappell moved the adoption of the amendment.
The motion was agreed to and the amendment was adopted.
Section 4 of Article XI was taken up.
There were no amendments offered to Section 4.
Section 5 of Article XI was taken up.
The Committee on Constitutional Amendments offered the
following amendment to House Joint Resolution No. 17-X:
In Article XI, Section 5, at the beginning of the second
sentence after the caption strike out: "It shall be"
and insert the following in lieu thereof: "It may be"
Mr. Chappell moved the adoption of the amendment.
The motion was agreed to and the amendment was adopted.
Section 6 of Article XI was taken up.
The Committee on Constitutional Amendments offered the
following amendment to House Joint Resolution No. 17-X:
In Article XI, Section 6, in line five, strike out: "effection"
and insert the following in lieu thereof: "effective"
Mr. Chappell moved the adoption of the amendment.
The motion was agreed to and the amendment was adopted.
Section 2 of the joint resolution was taken up.
There were no amendments offered to Section 2.
Section 3 of the joint resolution was taken up.
There were no amendments offered to Section 3.
Section 4 of the joint resolution was taken up.
There were no amendments offered to Section 4.
The Committee on Constitutional Amendments offered the
following amendment to House Joint Resolution No. 17-X:
Add the following section at the end of the resolution:
Section 5. This joint resolution shall not become operative
unless and until House Joint Resolution No. 32-X and all of
said fourteen joint resolutions containing said fourteen pro-
posed amendments, whether originating in the senate or the
house of representatives, are adopted by each house of the
legislature.

Mr. Chappell moved the adoption of the amendment.
The motion was agreed to and the amendment was adopted.
Mr. Chappell moved that the rules be waived and House

Joint Resolution No. 17-X, as amended, be read a third time
in full and placed upon its passage.
The motion was agreed to by a two-thirds vote, and House
Joint Resolution No. 17-X, as amended, was read a third
time in full.
When the vote was taken on the passage of the joint reso-
lution, which reads as follows:
H. J. R. No. 17-X-A Joint Resolution proposing revision of
Article XI of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The following proposed revision of Article XI
of the Constitution of Florida is hereby agreed to and shall be
submitted to the electors of Florida for ratification or re-
jection at an election to be held as provided at this session of
the legislature, that is to say:
ARTICLE XI
MILITIA
Section 1. Composition of militia.-The militia shall be
composed of all able-bodied inhabitants of the state that are
or have declared their intention to become citizens of the
United States; and no person shall because of religious creed
or opinion be exempted from military duty except under con-
ditions prescribed by law.
Section 2. Organization equipping housing disci-
pline safekeeping of arms.-The legislature may provide for
organizing, equipping, housing, maintaining, and disciplining
the militia of the state, and for the safekeeping of public arms.
Section 3. Officers of militia.-The governor shall appoint
all commissioned officers of the militia, including an adjutant
general. The appointment of all general officers shall be with
the consent of the senate. Officers shall take rank according
to the dates of their commissions. The personnel of the state
militia, when uniformed, shall wear the uniform prescribed
by law.
Section 4. Call by governor. The governor shall have
power to call out the militia to preserve the public peace, to
execute the laws of the state, to suppress insurrection, or to
repel invasion.
Section 5. Federally recognized national guard.-Whenever
a federally recognized national guard exists in the state it
shall be sui generis and subject to the lawful orders of the
governor, who shall be commander-in-chief. It may be sup-
ported and maintained by the state pursuant to the provisions
of federal statutes and regulations of the United States depart-
ment of defense pertaining to organizing, arming, governing,
and disciplining it. Its officers, including the adjutant general,
shall be appointed, and shall be subject to suspension, dis-
charge, removal, or compulsory retirement, solely on the basis
of military proficiency, character, and service determined pur-
suant to United States department of defense regulations and
usages sanctioned by law, and the qualifications of its per-
sonnel shall be those prescribed in military regulations of the
United States department of defense.
Section 6. Effective date of this article.-This article is
one of a group of fourteen amendments proposed at the same
session of the legislature and submitted to the electors at the
same election, and it shall not become effective or a part of
the constitution unless the electors adopt simultaneously with
this article the amendments constituting respectively the Pre-
amble and Articles I through IV, VI through X, and XII
through XIV. This section is an integral part of this article
and the entire article shall be invalid if this section is held
invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions constituting
the Preamble and Articles I through IV and VI through XIV
of the proposed revised constitution are such that it would be
impracticable to have the provisions of any of them become
operative unless all of them are presented at the same election
and are adopted threat, and that the constitutional amend-
ment proposed in this joint resolution should not become effec-
tive unless the electors adopt each of said fourteen proposed
amendments at the same election.
Section 3. The secretary of state is directed to prepare

ballots for voting upon said fourteen proposed amendments

91

at the same election in such manner that each elector may by
a single vote cast his vote for approval or rejection of all of
them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any one
of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
Section 5. This joint resolution shall not become operative
unless and until House Joint Resolution No. 32-X and all of
said fourteen joint resolutions containing said fourteen pro-
posed amendments, whether originating in the senate or the
house of representatives, are adopted by each house of the
legislature.
-the result was:

Yeas:
Mr. Speaker
Alexander
Anderson
Askins
Ayers
Bartholomew
Beasley
Beck
Blank
Chaires
Chappell
Cleveland
Costin
Crews
Cross
Daniel
Duncan
Frederick
Gibbons
Nays:
Carney
Manning
Yeas-76
Nays-5

Griffin,B.H.,Jr. Mitchell, Sam
Grimes Musselman
Hathaway O'Neill
Herrell Orr
Hollahan Papy
Horne Patton
Inman, J. C. Peeples
Inman, W. M. Petersen
Johnson Porter
Jones Pratt
Kimbrough Putnal
Lancaster Roberts, C. A.
Livingston Roberts, E. S.
Maness Rowell, M. H.
Mann Russ
Marshburn Ryan
Mathews Saunders
Mattox Shaffer
Mitchell, R. O. Sheppard

McAlpin

Peacock

Smith, R. J.
Stewart, C. D.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams, B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

Peavy

So the joint resolution passed, as amended, by the required
Constitutional three-fifths vote of all Members elected to the
House of Representatives for the 1957 Extraordinary Session
of the Florida Legislature and was ordered engrossed.
Mr. Chappell moved that the rules be further waived and
House Joint Resolution No. 17-X be immediately certified to
the Senate.
The motion was agreed to by a two-thirds vote, and the bill
was ordered immediately certified to the Senate, after en-
grossment.
H. J. R. No. 15-X-A Joint Resolution proposing revision of
Article IX of the Constitution of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. The following proposed revision of Article IX
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or re-
jection at an election to be held as provided at this session
of the legislature, that is to say:
ARTICLE IX
HOMESTEAD
Section 1. Homestead-exemption from forced sale-free-
dom from liens-exceptions-limitations on disposition.-The
following property, owned by the head of a family residing on
the realty in this state, shall be exempt from forced sale under
process of any court for all obligations incurred by him or
imposed thereon, and no judgment, decree, or execution shall
be a lien thereon, except for payment of (a) taxes and assess-
ments thereon, (b) obligations contracted for the purchase
thereof, (c) obligations contracted for erection or repair of
improvements on the realty, or (d) obligations contracted for
house, field, or other labor performed on the realty;
(i) A homestead to the extent of one hundred sixty acres
of contiguous land and improvements thereon located outside

Oct. 3, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

92 JOURNAL OF THE HOU

a municipality, which area shall not be reduced without the
owner's consent by reason of subsequent inclusion in a muni-
cipality, or one-half acre of contiguous land located within a
municipality, which exemption within a municipality shall be
limited to the residence and business house of the owner;
(ii) Personal property of the value of $1,000.
Said exemptions shall inure to the surviving spouse and
heirs of the owner.
The homestead shall not be subject to devise if the owner
is survived by children. If the owner is married, it shall not
be alienated or encumbered without the consent of the spouse.
If the owner or spouse is incompetent, the method of aliena-
tion or encumbrance shall be as provided by law.
Section 2. Effective date of this article.-This article is
one of a group of fourteen amendments proposed at the
same session of the legislature and submitted to the electors
at the same election, and it shall not become effective or a
part of the constitution unless the electors adopt simultan-
eously with this article the amendments constituting re-
spectively the Preamble and Articles I, II, III, IV, VI, VII,
VIII, and X through XIV. This section is an integral part
of this article and the entire article shall be invalid if this
section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions consti-
tuting the Preamble and Articles I through IV and VI
through XIV of the proposed revised constitution are such
that it would be impracticable to have the provisions of any
of them become operative unless all of them are presented
at the same election and are adopted threat, and that the
constitutional amendment proposed in this joint resolution
should not become effective unless the electors adopt each
of said fourteen proposed amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may
by a single vote cast his vote for approval or rejection of all
of them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any
one of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-was taken up.
Mr. Chappell moved that Senate Joint Resolution No. 11-X
be withdrawn from the Committee on Constitutional Amend-
ments and placed on the Calendar.
The motion was agreed to and it was so ordered.
Mr. Chappell moved that the House now take up and con-
sider Senate Joint Resolution No. 11-X, a companion measure
to House Joint Resolution No. 15-X, now on the Calendar.
The motion was agreed to, and-
Senate Joint Resolution No. 11-X(57)
A JOINT RESOLUTION PROPOSING REVISION OF AR-
TICLE IX OF THE CONSTITUTION OF THE STATE OF
FLORIDA.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. The following proposed revision of Article IX
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or re-
jection at an election to be held as provided at this session
of the legislature, that is to say:
ARTICLE IX
HOMESTEAD

Section 1. Homestead-exemption from forced sale-free-
dom from liens-exceptions-limitations on disposition.-The
following property, owned by the head of a family residing on
the realty in this state, shall be exempt from forced sale under
process of any court for all obligations incurred by him or
imposed thereon, and no judgment, decree, or execution shall
be a lien thereon, except for payment of (a) taxes and assess-

i

Mr. Chappell moved the adoption of the amendment.
The motion was agreed to and the amendment was adopted.
Mr. Chappell moved that the rules be waived and Senate

SE OF REPRESENTATIVES Oct. 3, 1957

ments thereon, (b) obligations contracted for the purchase
thereof, (c) obligations contracted for erection or repair of
improvements on the realty, or (d) obligations contracted for
house, field, or other labor performed on the realty;
(i) A homestead to the extent of one hundred sixty acres
of contiguous land and improvements thereon located outside
a municipality, which area shall not be reduced without the
owner's consent by reason of subsequent inclusion in a muni-
cipality, or one-half acre of contiguous land located within a
municipality, which exemption within a municipality shall be
limited to the residence and business house of the owner;
(ii) Personal property of the value of $1,000.
Said exemptions shall inure to the surviving spouse and
heirs of the owner.
The homestead shall not be subject to devise if the owner
is survived by children. If the owner is married, it shall not
be alienated or encumbered without the consent of the spouse.
If the owner or spouse is incompetent, the method of aliena-
tion or encumbrance shall be as provided by law.
Section 2. Effective date of this article.-This article is
one of a group of fourteen amendments proposed at the
same session of the legislature and submitted to the electors
at the same election, and it shall not become effective or a
part of the constitution unless the electors adopt simultan-
eously with this article the amendments constituting re-
spectively the Preamble and Articles I, II, III, IV, VI, VII,
VIII, and X through XIV. This section is an integral part
of this article and the entire article shall be invalid if this
section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions consti-
tuting the Preamble and Articles I through IV and VI
through XIV of the proposed revised constitution are such
that it would be impracticable to have the provisions of any
of them become operative unless all of them are presented
at the same election and are adopted threat, and that the
constitutional amendment proposed in this joint resolution
should not become effective unless the electors adopt each
of said fourteen proposed amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may
by a single vote cast his vote for approval or rejection of all
of them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any
one of them.
Section 4. Upon rejection of one or more of said fourteen
proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
-was taken up.
Mr. Chappell moved that Senate Joint Resolution No. 11-X
be substituted for and considered in lieu of House Joint Resolu-
tion No. 15-X.
The motion was agreed to and Senate Joint Resolution No.
11-X was substituted for House Joint Resolution No. 15-X.
Mr. Chappell moved that Senate Joint Resolution No. 11-X
be read a second time in full.
The motion was agreed to, and Senate Joint Resolution No.
11-X was read a second time in full.
The Committee on Constitutional Amendments offered the
following amendment to Senate Joint Resolution No. 11-X:
Add the following section at the end of the resolution:
Section 5. This joint resolution shall not become operative
unless and until House Joint Resolution No. 32-X and all of
said fourteen joint resolutions containing said fourteen pro-
posed amendments, whether originating in the senate or the
house of representatives, are adopted by each house of the
legislature.

Joint Resolution No. 11-X, as amended, be read a third time
in full and placed upon its passage.
The motion was agreed to by a two-thirds vote, and Senate
Joint Resolution No. 11-X, as amended, was read a third time
in full.
When the vote was taken on the passage of the joint reso-
lution, which reads as follows:
Senate Joint Resolution No. 11-X(57)
A JOINT RESOLUTION PROPOSING REVISION OF AR-
TICLE IX OF THE CONSTITUTION OF THE STATE OF
FLORIDA.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. The following proposed revision of Article IX
of the Constitution of Florida is hereby agreed to and shall
be submitted to the electors of Florida for ratification or re-
jection at an election to be held as provided at this session
of the legislature, that is to say:
ARTICLE IX
HOMESTEAD
Section 1. Homestead-exemption from forced sale-free-
dom from liens-exceptions-limitations on disposition.-The
following property, owned by the head of a family residing on
the realty in this state, shall be exempt from forced sale under
process of any court for all obligations incurred by him or
imposed thereon, and no judgment, decree, or execution shall
be a lien thereon, except for payment of (a) taxes and assess-
ments thereon, (b) obligations contracted for the purchase
thereof, (c) obligations contracted for erection or repair of
improvements on the realty, or (d) obligations contracted for
house, field, or other labor performed on the realty;
(i) A homestead to the extent of one hundred sixty acres
of contiguous land and improvements thereon located outside
a municipality, which area shall not be reduced without the
owner's consent by reason of subsequent inclusion in a muni-
cipality, or one-half acre of contiguous land located within a
municipality, which exemption within a municipality shall be
limited to the residence and business house of the owner;
(ii) Personal property of the value of $1,000.
Said exemptions shall inure to the surviving spouse and
heirs of the owner.
The homestead shall not be subject to devise if the owner
is survived by children. If the owner is married, it shall not
be alienated or encumbered without the consent of the spouse.
If the owner or spouse is incompetent, the method of aliena-
tion or encumbrance shall be as provided by law.
Section 2. Effective date of this article.-This article is
one of a group of fourteen amendments proposed at the
same session of the legislature and submitted to the electors
at the same election, and it shall not become effective or a
part of the constitution unless the electors adopt simultan-
eously with this article the amendments constituting re-
spectively the Preamble and Articles I, II, III, IV, VI, VII,
VIII, and X through XIV. This section is an integral part
of this article and the entire article shall be invalid if this
section is held invalid.
Section 2. The legislature finds as a fact that the inter-
locking details and the framework of the constitutional pro-
visions contained in the fourteen joint resolutions consti-
tuting the Preamble and Articles I through IV and VI
through XIV of the proposed revised constitution are such
that it would be impracticable to have the provisions of any
of them become operative unless all of them are presented
at the same election and are adopted threat, and that the
constitutional amendment proposed in this joint resolution
should not become effective unless the electors adopt each
of said fourteen proposed amendments at the same election.
Section 3. The secretary of state is directed to prepare
ballots for voting upon said fourteen proposed amendments
at the same election in such manner that each elector may
by a single vote cast his vote for approval or rejection of all
of them and also in such manner that each elector may, in the
alternative, cast his vote for approval or rejection of any
one of them.

Section 4. Upon rejection of one or more of said fourteen

93

proposed amendments each of them shall by its terms not be-
come effective. This entire resolution shall not become effec-
tive if any portion thereof is held invalid.
Section 5. This joint resolution shall not become operative
unless and until House Joint Resolution No. 32-X and all of
said fourteen joint resolutions containing said fourteen pro-
posed amendments, whether originatinging the senate or the
house of representatives, are adopted by each house of the
legislature.
-the result was:

Yeas:
Mr. Speaker Grimes
Alexander Harris
Anderson Hathaway
Arrington Herrell
Askins Hollahan
Ayers -Horne
Bartholomew Inman, J. C.
Beasley Inman, W. M.
Beck Johnson
Blank Jones
Chaires Kimbrough
Chappell Lancaster
Cleveland Livingston
Costin Maness
Crews Mann
Cross Manning
Daniel Marshburn
Duncan Mathews
Frederick Mattox
Gibbons McAlpin
Griffin,B.H.,Jr. Mitchell, R. O.
Griffin,J.J.,Jr. Mitchell, Sam
Nays:

Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peavy
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Rowell, E. C.
Rowell, M. H.
Russ
Ryan
Saunders
Shaffer
Sheppard
Shipp

Smith, R. J.
Smith, S. C.
Stewart, C. D.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle
Walker
Weinstein
Williams, B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

Carney
Yeas-85
Nays-1
Mr. Peacock was given unanimous consent to be recorded as
voting "Yea".
So the joint resolution passed, as amended, by the required
Constitutional three-fifths vote of all Members elected to the
House of Representatives for the 1957 Extraordinary Session
of the Florida Legislature and was ordered engrossed.
Mr. Chappell moved that the rules be further waived and
Senate Joint Resolution No. 11-X be immediately certified to
the Senate.
The motion was agreed to by a two-thirds vote, and the
bill was ordered immediately certified to the Senate, after
engrossment.
Under Rule 46, House Joint Resolution No. 15-X was laid
on the table.
H. J. R. No. 32-X-A Joint Resolution proposing revision of
Section 1 of Article XVII of the Constitution of the State of
Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:

Section 1. The legislature finds as a fact:
(a) that the interlocking details and the framework of
the constitutional amendments contained in the fourteen joint
resolutions constituting the Preamble and Articles I through IV
and VI through XIV of the proposed revised constitution are
such that it would be impracticable to have the provisions of
any of them become operative unless all of them are pre-
sented at the same election and are adopted threat;

(b) that the constitutional amendment proposed in each
of said fourteen joint resolutions should not become effective
unless the electors adopt all of said fourteen proposed amend-
ments at the same election.

(c) that ballots for voting upon said fourteen proposed
amendments at the same election should be prepared in such
manner that each elector may by a single vote cast his vote

Oct. 3, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

94 JOURNAL OF THE HOU

for approval or rejection of all of them and also in such
manner that each elector may, in the alternative, cast his
vote for approval or rejection of any one of them;
(d) that upon rejection of one or more of said fourteen
proposed amendments each of them should by its terms not
become effective; and
(e) that an amendment procedure designed to accomplish
the foregoing objectives should be clearly provided by amend-
ing the article of the Constitution of the State of Florida
relating to the amending process.
Section 2. The following amendment repealing and su-
perseding Section 1 of Article XVII of the Constitution of the
State of Florida is hereby agreed to and shall be submitted
to the electors of the state at a special election to be provided
for at this session of the legislature, that is to say:
Section 1. Method of amending constitution.-Either branch
of the Legislature, at any regular session, or at any special
or extraordinary session thereof called for such purpose either
in the governor's original call or any amendment thereof, may
propose the revision or amendment or revisions or amend-
ments of any portion or portions of this Constitution. Any
such revision or revisions or amendment or amendments may
relate to one subject or any number of subjects, but no amend-
ment shall consist of more than one revised article of the
Constitution, except as hereinafter provided.
If the proposed revision or revisions or amendment or
amendments are agreed to by three-fifths of the members
elected to each house, they shall be entered upon the respective
journals with the yeas and nays and published in one news-
paper in each county where a newspaper is published for two
times, one publication to be made not earlier than ten weeks
and the other not later than six weeks, immediately preceding
the election at which the same are to be voted upon, and there-
upon submitted to the electors of the State for approval or
rejection at the next general election, provided, however, that
such revision or revisions or amendment or amendments may
be submitted for approval or rejection in a special election
under the conditions described in and in the manner pro-
vided by Section 3 of Article XVII of this Constitution. If a
majority of the electors voting upon the amendment or amend-
ments adopt such amendment or amendments the same shall
become a part of the Constitution, provided, however, that
when the Legislature submits more than one proposed revised
article of the Constitution to be voted upon in the sameelec-
tion, any such proposed revised article may provide that it
shall not become effective unless other specified proposed re-
vised articles are approved by the electors at such election,
and in such case none of such proposed revised articles shall
become a part of the Constitution unless all of them are ap-
proved.
This amendment shall be effective as of September 30, 1957,
and when the proposed amendment constituting Article XII
of the revised Constitution becomes effective this amendment
shall be superseded by it and repealed.
-was taken up.
Mr. Chappell moved that House Joint Resolution No. 32-X
be read a second time in full.
The motion was agreed to, and House Joint Resolution
No. 32-X was read a second time in full.
The Committee on Constitutional Amendments offered the
following amendment to House Joint Resolution No. 32-X:
In Section 2, fourth line, strike out: "a special election"
and insert the following in lieu thereof: "an election."
Mr. Chappell moved the adoption of the amendment.
The motion was agreed to and the amendment was adopted.
The Committee on Constitutional Amendments offered the
following amendment to House Joint Resolution No. 32-X:
In the final paragraph of Section 1 of Article XVII, which
section appears in Section 2 of the resolution on page three

thereof, strike out: "September 30" and insert the following in
lieu thereof: "October 1"
Mr. Chappell moved the adoption of the amendment.
The motion was agreed to and the amendment was adopted.

)q

become a part of the Constitution, provided, however, that
when the Legislature submits more than one proposed revised
article of the Constitution to be voted upon in the same elec-
tion, any such proposed revised article may provide that it
shall not become effective unless other specified proposed re-
vised articles are approved by the electors at such election,
and in such case none of such proposed revised articles shall

SE OF REPRESENTATIVES Oct. 3, 1957

Mr. Chappell moved that the rules be waived and House
Joint Resolution No. 32-X, as amended, be read a third time
in full and placed upon its passage.
The motion was agreed to by a two-thirds vote, and House
Joint Resolution No. 32-X, as amended, was read a third time
in full.
When the vote was taken on the passage of the joint
resolution, which reads as follows:
H. J. R. No. 32-X-A Joint Resolution proposing revision of
Section 1 of Article XVII of the Constitution of the State of
Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. The legislature finds as a fact:
(a) that the interlocking details and the framework of
the constitutional amendments contained in the fourteen joint
resolutions constituting the Preamble and Articles I through IV
and VI through XIV of the proposed revised constitution are
such that it would be impracticable to have the provisions of
any of them become operative unless all of them are pre-
sented at the same election and are adopted threat;
(b) that the constitutional amendment proposed in each
of said fourteen joint resolutions should not become effective
unless the electors adopt all of said fourteen proposed amend-
ments at the same election;
(c) that ballots for voting upon said fourteen proposed
amendments at the same election should be prepared in such
manner that each elector may by a single vote cast his Vote
for approval or rejection of all of them and also in such
manner that each elector may, in the alternative, cast his
vote for approval or rejection of any one of them;
(d) that upon rejection of one or more of said fourteen
proposed amendments each of them should by its terms not
become effective; and
(e) that an amendment procedure designed to accomplish
the foregoing objectives should be clearly provided by amend-
ing the article of the Constitution of the State of Florida
relating to the amending process.
Section 2. The following amendment repealing and su-
perseding Section 1 of Article XVII of the Constitution of the
State of Florida is hereby agreed to and shall be submitted
to the electors of the state at an election to be provided
for at this session of the legislature, that is to say:
Section 1. Method of amending constitution.-Either branch
of the Legislature, at any regular session, or at any special
or extraordinary session thereof called for such purpose either
in the governor's original call or any amendment thereof, may
propose the revision or amendment or revisions or amend-
ments of any portion or portions of this Constitution. Any
such revision or revisions or amendment or amendments may
relate to one subject or any number of subjects, but no amend-
ment shall consist of more than one revised article of the
Constitution, except as hereinafter provided.
If the proposed revision or revisions or amendment or
amendments are agreed to by three-fifths of the members
elected to each house, they shall be entered upon the respective
journals with the yeas and nays and published in one news-
paper in each county where a newspaper is published for two
times, one publication to be made not earlier than ten weeks
and the other not later than six weeks, immediately preceding
the election at which the same are to be voted upon, and there-
upon submitted to the electors of the State for approval or
rejection at the next general election, provided, however, that
such revision or revisions or amendment or amendments may
be submitted for approval or rejection in a special election
under the conditions described in and in the manner pro-
vided by Section 3 of Article XVII of this Constitution. If a
majority of the electors voting upon the amendment or amend-
ments adopt such amendment or amendments the same shall

JOURNAL OF THE HOUSE OF REPRESENTATIVES

become a part of the Constitution unless all of them are ap-
proved.
This amendment shall be effective as of October 1, 1957,
and when the proposed amendment constituting Article XII
of the revised Constitution becomes effective this amendment
shall be superseded by it and repealed.
-the result was:

Yeas:
Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Barron
Bartholomew
Beasley
Beck
Carney
Chaires
Chappell
Cleveland
Costin
Crews
Cross
Daniel
Duncan
Frederick
Yeas-79.
Nays-None.

Gibbons Mitchell, Sam
Griffin,B.H.,Jr. Muldrew
Griffin,J.J.,Jr. Musselman
Harris O'Neill
Hathaway Orr
Herrell Papy
Hollahan Patton
Inman, J. C. Peeples
Inman, W. M. Petersen
Johnson Porter
Jones Pratt
Kimbrough Putnal
Lancaster Roberts, C. A.
Maness Roberts, E. S.
Mann Rowell, E. C.
Manning Russ
Marshburn Ryan
Mathews Saunders
Mattox Shaffer
Mitchell, R. O. Sheppard

Smith, R. J.
Smith, S. C.
Stewart, C. D.
Stewart, E. L.
Stone
Strickland
Surles
Turlington
Usina
Vocelle
Wadsworth
Walker
Weinstein
Williams, B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

So the joint resolution passed, as amended, by the required
Constitutional three-fifths vote of all Members elected to the
House of Representatives for the 1957 Extraordinary Session
of the Florida Legislature and was ordered engrossed.
Mr. Beasley moved that the rules be further waived and
House Joint Resolution No. 32-X be immediately certified to
the Senate.
The motion was agreed to by a two-thirds vote, and the bill
was ordered immediately certified to the Senate, after en-
grossment.
H. B. No. 50-X-A bill to be entitled An Act to amend Sec-
tion 129 of Chapter 29965, Laws of Florida of 1955, also desig-
nated as Section 338.19, Florida Statutes, 1955, as amended
by Chapter 57-135, Laws of Florida of 1957, relating to re-
location of utilities; to provide that the State Road Department
may require relocation of utility facilities for federal aid pro-
jects; to provide for payment of costs and repeal of conflicting
laws and fixing the effective date of this act.
-was taken up.
Mr. Maness moved that the rules be waived and House Bill
No. 50-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 50-X was read a second time by title.
Mr. Maness moved that the rules be further waived and
House Bill No. 50-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 50-X was read a third time in full.
When the vote was taken on the passage of the bill the result
was:
Yeas:

Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Barron
Bartholomew
Beasley
Beck
Blank
Carney
Chaires
Chappell
Cleveland
Costin
Crews

Cross
Daniel
Duncan
Frederick
Gibbons
Griffin,B.H.,Jr.
Grimes
Harris
Hathaway
Herrell
Hollahan
Home
Inman, J. C.
Inman, W. M.
Johnson
Karl
Kimbrough

Lancaster
Livingston
Maness
Mann
Manning
Mathews
Mattox
McAlpin
Mitchell, R. O.
Mitchell, Sam
Muldrew
Musselman
O'Neill
Orr
Papy
Patton
Peacock

Peavy
Peeples
Petersen
Porter
Pratt
Putnal
Roberts, C. A.
Roberts, E. S.
Rowell, E. C.
Rowell, M. H.
Russ
Ryan
Saunders
Shaffer
Sheppard
Shipp
Smith, R. J.

95

Stewart, C. D. Sweeny Wadsworth Williams, G.W.
Stone Turlington Walker Williams,J.R.A.
Strickland Usina Weinstein Wise
Surles Vocelle Williams, B.D. Youngberg
Yeas-84
Nays-None
So the bill passed, title as stated.
Mr. Maness moved that the rules be further waived and
House Bill No. 50-X be immediately certified to the Senate.
The motion was agreed to by a two-thirds vote, and the bill
was ordered immediately certified to the Senate.
Mr. Beasley moved that the rules be waived and the House
revert to the order of Introduction and Reference of House
Bills, Joint Resolutions, House Resolutions, Concurrent Reso-
lutions and Memorials.
The motion was agreed to by a two-thirds vote and it was
so ordered.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS,
CONCURRENT RESOLUTIONS AND
MEMORIALS
By Messrs. O'Neill and Chappell of Marion-
H. B. No. 60-X-A bill to be entitled An Act creating the
Marion County Water Conservation and Control Authority
extending throughout the present limits of Marion County,
Florida; providing for a governing board of the Authority
and defining its powers and duties; declaring the purposes
for which the Authority is created and declaring these to be
public purposes; authorizing the levy of an annual tax of not
exceeding one-half mill upon all of the taxable real and per-
sonal property within the territorial limits of the Authority,
empowering the Authority to acquire real and personal prop-
erty or any rights therein by gift, purchase, lease, condem-
nation or eminent domain or otherwise; authorizing the Au-
thority to use and possess state land not used for a state
purpose; authorizing the Authority to acquire, construct, main-
tain and operate all works necessary to carry out the purposes
of the Act and to borrow money for use of the Authority;
providing for a referendum.
The Speaker ruled that the introduction and consideration
of House Bill No. 60-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. O'Neill moved that this House determine that it shall
transact the Legislative business of the introduction and con-
sideration of House Bill No. 60-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 60-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title.
Mr. O'Neill was given unanimous consent to now consider
House Bill No. 60-X.
Mr. O'Neill moved that the rules be waived and House Bill
No. 60-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 60-X was read a second time by title.
Mr. O'Neill moved that the rules be further waived and
House Bill No. 60-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 60-X was read a third time in full.
When the vote was taken on the passage of the bill the
result was:
Yeas:

Mr. Speaker
Alexander
Anderson
Arrington
Askins
Ayers
Barron
Bartholomew
Beasley
Beck
Blank

Carney
Chaires
Chappell
Cleveland
Costin
Crews
Cross
Daniel
Duncan
Frederick
Gibbons

Griffin,B.H.,Jr. Karl
Griffin,J.J.,Jr. Kimbrough
Grimes Lancaster
Harris Livingston
Hathaway Maness
Herrell Mann
Hollahan Manning
Horne Marshburn
Inman, J. C. Mathews
Inman, W. M. Mattox
Johnson McAlpin

Oct. 3, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Oct. 3, 1957

Mitchell, R. O. Porter
Mitchell, Sam Pratt
Muldrew Putnal
Musselman Roberts, C. A.
O'Neill Roberts, E. S.
Orr Rowell, E. C.
Papy Rowell, M. H.
Patton Russ
Peacock Ryan
Peavy Saunders
Peeples Shaffer
Petersen Sheppard

Shipp
Smith, R. J.
Smith, S. C.
Stewart, C. D.
Stewart, E. L.
Stone
Strickland
Surles
Sweeny
Turlington
Usina
Vocelle

Wadsworth
Walker
Weinstein
Williams, B.D.
Williams, G.W.
Williams,J.R.A.
Wise
Youngberg
Zelmenovitz

Yeas-89
Nays-None
So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.
By Mr. Griffin of Polk-
H. B. No. 61-X-A bill to be entitled An Act relating to all
counties in this state having a population of not less than
one hundred twenty thousand (120,000) and not more than
one hundred fifty thousand (150,00) inhabitants, according to
the last official state-wide decennial census; providing for the
salary of the superintendent of public instruction; providing
for superseding that portion of section 230.302, Florida Statutes,
relating to payment of salary; and providing an effective date.
The Speaker ruled that the introduction and consideration
of House Bill No. 61-X would constitute Legislative business
other than that for which the Legislature was especially con-
vened.
Mr. Griffin of Polk moved that this House determine that
it shall transact the Legislative business of the introduction
and consideration of House Bill No. 61-X.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 61-X was admitted for
introduction and consideration by the House.
The bill was read the first time by title.
Mr. Griffin of Polk was given unanimous consent to now
consider House Bill No. 61-X.
Mr. Griffin of Polk moved that the rules be waived and
House Bill No. 61-X be read a second time by title.
The motion was agreed to by a two-thirds vote and House
Bill No. 61-X was read a second time by title.
Mr. Griffin of Polk moved that the rules be further waived
and House Bill No. 61-X be read a third time in full and placed
upon its passage.
The motion was agreed to by a two-thirds vote and House
Bill No. 61-X was read a third time in full.
When the vote was taken on the passage of the bill the
result was:
Yeas:
Mr. Speaker Griffin,J.J.,Jr. Muldrew Smith, R. J.
Alexander Grimes Musselman Smith, S. C.
Anderson Harris O'Neill Stewart, C. D.
Arrington Hathaway Orr Stewart, E. L.
Askins Herrell Papy Stone
Ayers Hollahan Patton Strickland
Barron Horne Peacock Surles
Bartholomew Inman, J. C. Peavy Sweeny
Beasley Inman, W. M. Peeples Turlington
Beck Johnson Petersen Usina
Blank Karl Porter Vocelle
Carney Kimbrough Pratt Wadsworth
Chaires Lancaster Putnal Walker
Chappell Livingston Roberts, C. A. Weinstein
Cleveland Maness Roberts, E. S. Williams, B.D.
Costin Mann Rowell, E. C. Williams, G.W.
Crews Manning Rowell, M. H. Williams,J.R.A.
Cross Marshburn Russ Wise
Daniel Mathews Ryan Youngberg
Duncan Mattox Saunders Zelmenovitz
Frederick McAlpin Shaffer
Gibbons Mitchell, R. O. Sheppard
Griffin,B.H.,Jr. Mitchell, Sam Shipp
Yeas-89
Nays-None
So the bill passed, title as stated, and was ordered immedi-
ately certified to the Senate.

CONSIDERATION OF MESSAGES FROM THE SENATE
The following messages from the Senate were received and
read:

The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:

Tallahassee, Florida,
October 3, 1957

I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction
and consideration by two-thirds vote and passed-
By Mr. Surles of Polk-
H. B. No. 21-X-A bill to be entitled An Act authorizing
the City of Lakeland, Florida, to pay out of the general fund
and the debt service fund of the City of Lakeland, the costs
of revaluation of all the property within the territorial limits
of the City of Lakeland, Florida, for the purpose of promoting
and preserving a more uniform and equal taxation of the
said property, by said city, and providing the manner in which
such authority may be used.
Proof of publication attached.
Also-
Admitted for introduction and consideration by two-thirds
vote and passed.
By Messrs. Hopkins and Stone of Escambia-
H. B. No. 26-X-A bill to be entitled An Act to amend
Sections 5 and 13 of Chapter 26141 Laws of Florida and
Sections 4, 6, and 12 of Chapter 31160 Laws of Florida, relating
to the pensioning of employees of the City of Pensacola and
their dependents.
Proof of publication attached.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
Tallahassee, Florida,
October 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction
and consideration by two-thirds vote and passed-
By Messrs. Barron and Harris of Bay-
H. B. No. 27-X-A bill to be entitled An Act authorizing
the County of Bay, Florida, to construct or acquire, own,
operate and maintain, water reservoirs, dams, levees, spillways,
artificial lakes and other water storage areas and facilities,
for commercial, industrial, domestic or recreational purposes;
authorizing the acquisition of lands and other properties,
facilities and equipment necessary for such purposes; authori-
zing the issuance of bonds of said county to finance the cost
of the construction or acquisition of such improvements, and
purposes related thereto; authorizing the levy of an ad valorem
tax of not exceeding 3 mills on the dollar of assessed valuation
on all taxable property within said county for the payment of
of said bonds and the interest thereon; providing that such
bonds shall not be issued unless the issuance thereof has been
approved by the freeholders of said county; providing for
tax exemption of such bonds issued and the properties acquired
pursuant to this Act, and providing for a referendum.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
Tallahassee, Florida,
October 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction
and consideration by two-thirds vote and passed-
By Messrs. Barron and Harris of Bay-
H. B. No. 28-X-A bill to be entitled An Act to authorize
and empower the Board of County Commissioners of Bay Coun-

96

ty, Florida, to appropriate the sum of $10,000 annually from the
general fund of the county to the St. Andrew Bay Center for
retarded children and declaring all sums so paid to be for a
county purpose.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
Tallahassee, Florida,
October 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction
and consideration by two-thirds vote and passed-
By Mr. Saunders of Clay-
H. B. No. 33-X-A bill to be entitled An Act requiring all
hospital authorities in counties in the state having a popula-
tion of not less than fourteen thousand three hundred (14,300)
and not more than fourteen thousand seven hundred (14,700),
according to the last official state-wide decennial census, to
promulgate by-laws and to establish rules and regulations for
the management of the authority and the operation and
management of any hospital, operating or proposed, within
the jurisdiction of such hospital authorities; to elect officers
from among themselves; providing an effective date.
Also-
Admitted for introduction and consideration by two-thirds
vote and passed.
By Messrs. Papy and Porter of Monroe-
H. B. No. 34-X-A bill to be entitled An Act to empower
the boards of county commissioners in counties of the state
of Florida having a population of not less than 29,500 nor
more than 34,500 inhabitants according to the last official
census to regulate and restrict within territory particularly
described in said counties, not included in any municipality,
the height, number of stories and size of buildings and other
structures on land and water, the percentage of lot that may
be occupied, the size of yards, courts and other open spaces,
the density of population, the use of land for junk yards and
automobile trailer camps, the use of land or buildings in
connection with or reference to nuisances and objectionable
noises, and the location and use of buildings, structures and
land for trade, industry, residence or other specific use of
the premises; providing for the division of such counties into
districts and within such districts to regulate and restrict the
erection and construction, alteration, repair or use of buildings;
providing for method of procedure; providing for remedies
and penalties for violation of this Act or of any order or resolu-
tion made under authority conferred hereby and conferring
upon the boards of county commissioners of said counties
power to provide for enforcement of this Act and to make
appropriation therefore, and the power to prescribe and enforce
regulations to effectuate the purposes of this Act; and repealing
all laws and parts of laws in conflict herewith to the extent
of said conflict, and providing when this Act shall take effect.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
Tallahassee, Florida,
October 3, 1957
The Honorable Doyle E. Conner,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction
and consideration by two-thirds vote and passed--
By Messrs. Duncan and Daniel of Lake-
H. B. No. 37-X-A bill to be entitled An Act amending
Chapter 30912, Acts of 1955, creating the position of librarian
for Lake County Law Library; amending Section 2 and provid-
ing an effective date.

Also-

97

Admitted for introduction and consideration by two-thirds
vote and passed-
By Messrs. O'Neill and Chappell of Marion, Rowell of Sum-
ter, Daniel and Duncan of Lake, Ayers of Hernando and Strick-
land of Citrus-
H. B. No. 38-X-A bill to be entitled An Act providing for
the appointment and salary of secretaries for each of the
circuit judges of the Fifth Judicial Circuit of Florida, embrac-
ing Citrus, Hernando, Lake, Marion and Sumter Counties,
and providing that a part of the salary of the secretary of
each judge shall be paid from the general revenue fund of
such counties in the proportion that the population of each
county bears to the total population of such circuit as deter-
mined by the last preceding State or Federal census, whichever
shall be later; making the same a county purpose; making an
annual appropriation therefore; repealing all laws in conflict
herewith; and providing an effective date.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
And House Bills Nos. 21-X, 26-X, 27-X, 28-X, 33-X, 34-X,
37-X and 38-X, contained in the above messages, were ordered
enrolled.
Mr. Beasley moved that the House stand in informal recess
subject to the call of the Speaker.
The motion was agreed to.
Thereupon, at the hour of 4:40 P. M., the House stood in
informal recess.
The House reconvened at 5:00 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a quorum.
A quorum of 88 Members present.
ENGROSSING REPORT
October 3, 1957
Your Engrossing Clerk to whom was referred-
House Bill No. 22-X
-with amendment, begs leave to report the amendment has
been incorporated in the bill and the same has been carefully
examined and correctly engrossed and is herewith returned.
Very respectfully,
IRMA W. LINN
Engrossing Clerk
-And House Bill No. 22-X was ordered enrolled.
ENROLLING REPORTS
Your Enrolling Clerk to whom was referred-
House Concurrent Resolution No. 1-X
--begs leave to report same has been properly enrolled, signed
by the Speaker and Chief Clerk of the House of Representa-
tives, and by the President and Secretary of the Senate, and
presented to the Governor on October 3, 1957.
Very respectfully,
IRMA W. LINN,
Enrolling Clerk
Your Enrolling Clerk, to whom were referred-
S. B. No. 1-X(57)
S. B. No. 2-X(57)
-begs leave to report same have been properly enrolled, signed
by the President and Secretary of the Senate, and by the
Speaker and Chief Clerk of the House of Representatives, and
presented to the Governor on October 3, 1957, for his ap-
proval.
Very respectfully,
IRMA W. LINN,
Enrolling Clerk
Mr. Beasley moved that the House now adjourn to re-
convene at 12:00 Noon, Monday, October 7.
The motion was agreed to.

Thereupon, at the hour of 5:05 P. M., the House stood
adjourned until 12:00 Noon Monday, October 7.

Oct. 3, 1957

JOURNAL OF THE HOUSE OF REPRESENTATIVES

	Title Page
	Members of the House of Repres...
	September 1957
	October 1957
	Index

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