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

Journal

of the

House of Representatives

SPECIAL

SESSION

of the

FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]

Pursuant to
Article IV, Section 8
and Article Ill, Section 2
Florida Constitution

June 24, 1968, through July 3, 1968

-----31 1 II I

- I ----- --- ----- --- ---- -- __ __ __ ___

MEMBERS OF THE HOUSE OF REPRESENTATIVES

SPECIAL SESSION
June 24 through July 3, 1968

[Democrats in roman (76); Republicans in italic (39); Vacancies (4)]

District

District

ESCAMBIA
1 Gordon W. Wells, Pensacola (D)
2 Warren M. Briggs, Pensacola (D)
3 Vacancy (Phil Asher (D) resigned May 31, 1968)
4 James J. Reeves, Pensacola (D)
SANTA ROSA-OKALOOSA-WALTON-
HOLMES-WASHINGTON
5 Edmond M. Fortune, Pace (D)
6 Henton D. Elmore, Crestview (D)
7 L. S. (Sam) Campbell, DeFuniak Springs (R)
BAY-GULF-CALHOUN
8 John Robert Middlemas, Panama City (D)
9 Ben C. Williams, Port St. Joe (D)
LIBERTY-JACKSON-GADSDEN
10 W. M. Inman, Quincy (D)
11 Wayne Mixson, Marianna (D)
FRANKLIN-WAKULLA-LEON
12 Miley L. Miers, II, Tallahassee (D)
13 Donald L. Tucker, Crawfordville (D)
JEFFERSON-MADISON-TAYLOR-
LAFAYETTE
14 Ken Smith, Perry (D)
SUWANNEE-DIXIE-HAMILTON-
GILCHRIST-LEVY
15 Leon N. McDonald, Sr., Live Oak (D)
NASSAU-BAKER-COLUMBIA-BRAD-
FORD-UNION-CLAY
16 Eugene F. Shaw, Starke (D)
17 Ralph C. Tyre, Lake City (D)
DUVAL
18 Dan Scarborough, Jacksonville (D)
19 Ted Alvarez, Jr., Jacksonville (D)
20 George B. Stallings, Jr., Jacksonville (D)
21 Lew Brantley, Jacksonville (D)
22 John Crider, Jacksonville (D)
23 Lynwood Arnold, Jacksonville (D)
24 Fred Schultz, Jacksonville (D)
25 Gifford Grange, Jr., Jacksonville (D)
26 S. Gordon Blalock, Jacksonville (D)
27 Donald G. Nichols, Jacksonville (D)
28 Joseph G. Kennelly, Jr., Jacksonville (D)

ALACHUA-MARION
29 Ralph D. Turlington, Gainesville (D)
30 William V. Chappell, Jr., Ocala (D)
31 William C. Andrews, Gainesville (D)
PUTNAM-FLAGLER-ST. JOHNS-LAKE
32 W. H. (Bill) Reedy, Eustis (D)
33 James N. Beck, East Palatka (D)
34 A. H. (Gus) Craig, St. Augustine (D)
VOLUSIA
35 William R. Conway, Ormond Beach (D)
36 James H. Sweeny, Jr., DeLand (D)
37 William M. Gillespie, New Smyrna Beach (D)
ORANGE-SEMINOLE
38 Henry W. Land, Tangerine (D)
39 John L. Ducker, Winter Park (R)
40 Robert H. Shadley, Orlando (R)
41 David L. Lindsey, Orlando (R)
42 William D. Gorman, Winter Park (R)
43 Jan Fortune, Maitland (R)
44 E. Pope Bassett, Maitland (R)
45 William L. Gibson, Orlando (R)
PINELLAS
46 John J. Savage, North Redington Beach (R)
47 Mary R. Grizzle, Indian Rocks Beach (R)
48 Ray C. Osborne, St. Petersburg (R)
49 Vacancy
(Charles E. Rainey (R) resigned August 4, 1967)
50 Ed S. Whitson, Jr., Clearwater (R)
51 A. S. (Jim) Robinson, St. Petersburg (R)
52 Don H. Stafford, Largo (R)
53 William H. Fleece, St. Petersburg (R)
54 Jack Murphy, Clearwater (R)
POLK-SUMTER
55 John R. Clark, Lakeland (D)
56 Ray Mattox, Winter Haven (D)
57 William H. Bevis, Fort Meade (D)
58 Quillian S. Yancey, Lakeland (D)
59 E. C. Rowell, Wildwood (D)
HILLSBOROUGH-CITRUS-PASCO-
HERNANDO
60 Vacancy
(Robert T. Mann (D) resigned April 22, 1968)
61 James L. Redman, Plant City (D)

District

62 William M. Register, Jr., Tampa (D)
63 Elvin L. Martinez, Tampa (D)
64 Guy W. Spicola, Tampa (D)
65 T. Terrell Sessums, Tampa (D)
66 John L. Ryals, Brandon (D)
67 Paul W. Danahy, Tampa (D)
68 Richard S. Hodes, Tampa (D)
69 John R. Culbreath, Brooksville (D)
70 Tommy Stevens, Dade City (D)
BREVARD-OSCEOLA--INDIAN RIVER-
OKEECHOBEE
71 Charles E. Davis, Jr., Vero Beach (R)
72 Harry H. Pfeiffer, Cocoa Beach (R)
73 Clifford A. McNulty, Melbourne (R)
74 William E. Powell, Indialantic (R)
ST. LUCIE
75 Charles Nergard, Fort Pierce (R)
MARTIN-PALM BEACH
76 Donald H. Reed, Jr., Boca Raton (R)
77 Joseph W. Humphrey, Boynton Beach (R)
78 Jack M. Poorbaugh, Boynton Beach (R)
79 Robert C. De Young, Riviera Beach (R)
80 Robert W. Rust, Palm Beach (R)
81 William G. James, Delray Beach (R)
BROWARD
82 James R. Eddy, Pompano Beach (R)
83 Arthur H. Rude, Fort Lauderdale (R)
84 George L. Caldwell, Fort Lauderdale (R)
85 Richard A. Bird, Fort Lauderdale (R)
86 Henry J. Prominski, Wilton Manors (R)
87 Joel K. Gustafson, Fort Lauderdale (R)
88 Joseph M. Martinez, Jr., Hollywood (R)
89 Charles J. King, Plantation (R)
DADE
90 Maxine E. Baker, Miami (D)
91 Vacancy (Maurice A. Ferre (D) resigned March
1, 1968)

92 Carey Matthews, Miami Beach (D)
93 Louis Wolfson, II, Miami Beach (D)
94 Kenneth M. Myers, Miami (D)
95 Murray H. Dubbin, Miami (D)
96 Gerald Lewis, Coral Gables (D)
97 Richard A. Pettigrew, Miami (D)
98 Talbot (Sandy) D'Alemberte, Miami (D)
99 Jess Yarborough, Miami (D)
100 Walter W. Sackett, Jr., Miami (D)
101 Harold G. Featherstone, Hialeah (D)
102 Vernon C. Holloway, Miami (D)
103 Jeff D. Gautier, Miami (D)
104 Robert C. Hector, Miami (D)
105 Robert Graham, Miami Lakes (D)
106 Robert C. Hartnett, Coral Gables (D)
107 Elton J. Gissendanner, North Miami (D)
108 Marshall S. Harris, Miami (D)
109 Carl A. Singleton, Coral Gables (D)
110 George Firestone, Miami (D)
111 David L. Brower, North Miami (R)
(Mr. Brower changed party affiliation from
Democratic to Republican on November 3, 1967.)

COLLIER-GLADES-HENDRY-LEE-
MONROE
112 M. T. (Ted) Randell, Fort Myers (D)
113 James Lorenzo Walker, Naples (D)
114 Bernie C. Papy, Jr., Key West (D)
HARDEE-MANATEE
115 Jerome Pratt, Palmetto (D)
116 Thomas M. Gallen, Bradenton (D)

117
118
119

DESOTO-HIGHLANDS-CHARLOTTE-
SARASOTA
J. K. Tillman, Sarasota (R)
Kent S. McKinley, Sarasota (R)
Granville H. Crabtree, Jr., Sarasota (R)

OFFICERS OF THE HOUSE OF REPRESENTATIVES
SPECIAL SESSION

Speaker--Ralph D. Turlington
Speaker pro tempore-James Lorenzo Walker

Clerk-Allen Morris
Sergeant-at-Arms-W. A. Ballentine

District

THE JOURNAL OF THE FLORIDA

House of Representatives

PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]

SPECIAL SESSION

MONDAY, JUNE 24, 1968

Beginning of a Special Session of the Forty-first Legislature convened under the Constitution of A.D.
1885, begun and held at the Capitol in the City of Tallahassee, in the State of Florida, on Monday, June 24,
1968.

The House was called to order at 10:00 A.M. by the Honorable
Ralph D. Turlington, Speaker of the Forty-first House, pur-
suant to the following Proclamation of the Governor:

PROCLAMATION
STATE OF FLORIDA
Executive Department
Tallahassee
TO THE HONORABLE MEMBERS OF THE FLORIDA
SENATE AND THE HOUSE OF REPRESENTATIVES:
WHEREAS, the Interim Constitutional Revision Steering
Committee of the Legislature has completed preparation of a
draft Constitution which has endeavored to reconcile the differ-
ences between the Senate and the House versions of a modern
Constitution for the government of the people of the State of
Florida, and
WHEREAS, the Legislature in its deliberation during the
regular legislative session, appears to be in agreement on the
necessity and basic tenets of a modern Constitution, and
WHEREAS, it is in the best interest of the State of Florida
that constitutional revision be accomplished on a time schedule
which will permit the Legislature to submit it to the people for
their consideration at the next regular election to be held on
or about November 5, 1968, and
WHEREAS, it also appears that an emergency exists by
reason of the fact that appropriations for the Florida School
of the Deaf and the Blind are insufficient to meet the needs of
its special programs requiring teaching personnel with advanced
educational skills;
NOW, THEREFORE, I, Claude R. Kirk, Jr., as Governor of
the State of Florida, by virtue of the power and authority
vested in me by Article IV, Section 8 and Article III, Section 2
of the Constitution of the State of Florida, do hereby convene
the Legislature of the State of Florida in special session at the
Capitol at 10 a.m. on June 24, 1968.
This call shall be limited to Constitutional Revision, fixing of
the date for the election to permit the people of the State to
vote upon a proposed revised Constitution, and consideration of
such legislation as may be necessary to adequately compensate
special teaching personnel of the Florida School of the Deaf and
the Blind.
IN WITNESS WHEREOF, I have hereunto
I)_ set my hand and caused the Great Seal of
. the State of Florida to be affixed at Talla-
hassee, the Capitol, this 11 day of June,
A.D. 1968.

CLAUDE R. KIRK, JR.
Governor

ATTEST:
TOM ADAMS
Secretary of State

The following Members were recorded present:

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Beck
Bevis
Bird
Blalock
Brantley
Briggs
Brower
Caldwell
Campbell
Chappell
Clark
Conway
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker

Eddy
Elmore
Featherstone
Firestone
Fleece
Fortune, E. M.
Fortune, J.
Gallen
Gautier
Gibson
Gillespie
Gissendanner
Gorman
Graham
Grange
Grizzle
Gustafson
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
Inman
James
Kennelly
King

Land
Lewis
Lindsey
Martinez, J.
Matthews
Mattox
McDonald
McNulty
Middlemas
Miers
Mixson
Murphy
Nergard
Osborne
Papy
Pfeiffer
Poorbaugh
Powell
Pratt
Prominski
Randell
Redman
Reed
Reedy
Robinson
Rowell
Rude

Rust
Ryals
Savage
M. Scarborough
Schultz
Sessums
Shadley
Shaw
Singleton
Smith
Spicola
Stafford
Stallings
Stevens
Sweeny
Tillman
Tucker
Tyre
Walker
Wells
Whitson
Williams
Wolfson
Yancey
Yarborough

Excused: Representatives Crabtree, E. L. Martinez, McKinley,
Myers, Pettigrew, Register and Reeves; and Representatives
Nichols and Sackett from the Morning Session.
A quorum was present.

Prayer
Prayer by Dr. Fred T. Laughon, Jr., Chaplain
Dear Lord, we know this is your world and that you have
had enough faith in us to let us help you with its govern-
ment. As we begin this Special Session, take care of our
families while we are away so that we can concern our-
selves with all Floridians as if they were our very own
families. Give us what we need these days to create for
our state the kind of constitution you would have us to live
by. Give us a good historical understanding that we may
look gratefully backward. Give us a current awareness
that we may look hopefully forward. Give us prophetic
vision that we may look believingly upward. To the glory
of God and for all Floridians we pray our prayer. Amen.

Pledge
The Members pledged allegiance to the Flag.

Resignations
The Secretary of State reported having received the resig-

1

2

nations of the Honorable Phil Ashler, Member of the House of
Representatives from the 3rd District, and the Honorable Robert
T. Mann, Member of the House of Representatives from the
60th District. The Speaker acknowledged the resignation of the
Honorable Maurice A. Ferre, Member of the House of Repre-
sentatives from the 91st District. Mr. Ferre's resignation was
effective March 1, 1968; Mr. Ashler's resignation was effective
May 31, 1968; and Mr. Mann's resignation was effective April
22, 1968.

Introduction of House Resolution
By Representative Rowell-
HR 1-ORG.-2X-A Resolution providing for the Rules of the
House of Representatives in Special Session.
Be It Resolved by the House of Representatives of the State
of Florida:
1. That the Rules of the House of Representatives adopted
for and during the 1967 Regular Session shall govern the House
in Special Session insofar as these are applicable, with the fol-
lowing specific exceptions:
(a) The Speaker shall constitute such standing committees
provided for the 1967 Regular Session as need may develop
from time to time.
(b) The Speaker shall appoint a Committee on Constitutional
Revision.
(c) All measures for introduction shall be delivered to the
Clerk at least one hour prior to the convening of the House
on any legislative day.
(d) Joint resolutions shall be referred as provided in the
Rules. Other legislative business, including Bills of a Local
Nature, shall be placed in the Committee on Rules & Calendar
for recommendation as to whether introduction shall be allowed.
(e) A motion to reconsider shall be disposed of when made.
(f) All measures shall be transmitted to the Senate forthwith
upon passage.
2. These Rules shall be changed, altered or amended by ma-
jority vote of the House upon recommendation of a majority
of the Committee on Rules & Calendar, which report shall be
acted upon by the House instanter.
-was read the first time by title. On motions by Mr. Rowell,
the resolution was read the second time in full and adopted.

Committee to Senate
On motion by Mr. Yarborough, the Speaker appointed Repre-
sentatives Yarborough, Chairman; Robinson and Ryals as a
committee to inform the Senate that the House has organized
and is ready to transact business.

Committee to Governor
On motion by Mr. Reed, the Speaker appointed Representa-
tives Caldwell, Chairman; Campbell, Pfeiffer and Lindsey as a
committee to wait upon His Excellency, Governor Claude R.
Kirk, Jr., and to notify him that the House has organized and
and is ready to transact business.
The committees returned and reported they had performed
the duties assigned them and were discharged.

Committee from the Senate
A committee consisting of Senators Edwards, Broxson and
Stone was received and announced that the Senate was orga-
nized and ready to transact business.

Announcement

The Speaker announced the appointment of the following
standing committees for this Special Session:

June 24, 1968

RULES & CALENDAR
E. C. Rowell, Chairman; Murray H. Dubbin, Vice-Chairman;
James N. Beck, William V. Chappell, Jr., James R. Eddy, Henry
W. Land, Carey Matthews, Ray Mattox, Leon N. McDonald, Sr.,
Bernie C. Papy, Jr., Ted Randell, Donald H. Reed, Jr., W. H.
Reedy, John J. Savage, Fred Schultz, Terrell Sessums, George
B. Stallings, Jr., Tommy Stevens, James H. Sweeny, Jr., Ralph
C. Tyre, Gordon W. Wells, Louis Wolfson, II, Jess Yarborough,
James Lorenzo Walker, Richard A. Pettigrew and Ken Smith.

CONSTITUTIONAL REVISION
Murray H. Dubbin, Chairman; Gordon W. Wells, Vice-Chair-
man; William V. Chappell, Jr., John L. Ducker, James R. Eddy,
Henry W. Land, Ray C. Osborne, Richard A. Pettigrew, Donald
H. Reed, Jr., Fred H. Schultz, Terrell Sessums, Ken Smith,
George B. Stallings, Jr., James Lorenzo Walker, Louis Wolf-
son, II.

INTRODUCTION AND REFERENCE
By Representatives Dubbin, Reed, Land, Sessums, Walker,
Eddy, Wells, Smith, Wolfson and Schultz-
HJR 1-2X-A joint resolution proposing a revision of portions
of the Constitution of the State of Florida, excepting therefrom
revision of Articles V, VI, and VIII.
-was read the first time in full and referred to the Committee
on Constitutional Revision.

By Representatives Dubbin, Reed, Land, Sessums, Walker,
Eddy, and Schultz-
HJR 2-2X-A joint resolution proposing a revision of Article
V of the Constitution of the State of Florida relating to the
Judicial Department of the government.
-was read the first time in full and referred to the Commit-
tee on Constitutional Revision.

By Representatives Dubbin, Schultz, Land, Sessums, Walker,
Smith and Wolfson-
HJR 3-2X-A joint resolution proposing a revision of Article
VI of the Constitution of the State of Florida relating to suf-
frage and eligibility.
-was read the first time in full and referred to the Commit-
tee on Constitutional Revision.

By Representatives Dubbin, Reed, Land, Sessums, Walker,
Eddy, Wolfson and Schultz-
HJR 4-2X-A joint resolution proposing a revision of Article
VIII of the Constitution of the State of Florida relating to
counties and cities.
-was read the first time in full and referred to the Commit-
tee on Constitutional Revision.

By Representatives Reed, Dubbin, Land, Sessums, Eddy, Wells,
Smith, Walker, Osborne, Schultz, and Wolfson-
HJR 5-2X-A joint resolution withdrawing House Joint Reso-
lution No. 100-X(68), adopted at the session of the legislature
of the State of Florida which convened on January 29, 1968, and
entitled, "A joint resolution abolishing the office of Superin-
tendent of Public Instruction as an elected official and abolishing
the State Board of Education as a constitutional board by pro-
posing an amendment to Section 20 of Article IV of the State
Constitution by eliminating the Superintendent of Public In-
struction from the Governor's Cabinet; repealing Section 25 of
Article XII by providing for a board of education to be estab-
lished by law."
-was read the first time in full and referred to the Com-
mittee on Constitutional Revision.

By Representative Grange-
HB 6-2X-A bill to be entitled An act relating to safety

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

equipment inspection of motor vehicles; amending sections
325.12(6) and 325.13, Florida Statutes, to require that safety
inspections be made annually instead of semiannually; pro-
viding an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Grange-
HB 7-2X--A bill to be entitled An act relating to safety
equipment inspection of motor vehicles; amending section
325.19, Florida Statutes, by adding subsection (2A) to provide
that a special sticker authorizing daytime driving only may be
issued for vehicles found deficient only as to their headlights;
providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Wells-
HB 8-2X-A bill to be entitled An act relating to service
of process in civil actions; amending section 48.19, Florida Stat-
utes, to provide for service upon non-residents operating air-
craft in the state; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Reed-
HCR 9-2X-A concurrent resolution expressing regret over
the passing of The Honorable Evans Crary, Sr., former Speaker
of the House of Representatives.
-was placed temporarily in the Committee on Rules & Cal-
endar.

Remarks
The Speaker, Chairman Dubbin of the Committee on Consti-
tutional Revision, Majority Leader Matthews and Minority
Leader Reed reported to the House their views on consideration
of the constitution.

Adjournment
On motion by Mr. Rowell, the House adjourned at 10:46 A.M.
to reconvene at 3:00 P.M. today.

3

AFTERNOON SESSION
The House was called to order by the Speaker at 3:00 P.M.
The following Members were recorded present:

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Beck
Bevis
Bird
Blalock
Brantley
Briggs
Brower
Caldwell
Campbell
Chappell
Clark
Conway
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker

Eddy
Elmore
Featherstone
Firestone
Fleece
Fortune, E. M.
Fortune, J.
Gallen
Gautier
Gibson
Gillespie
Gissendanner
Gorman
Graham
Grange
Grizzle
Gustafson
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
Inman
James
Kennelly
King

Land
Lewis
Lindsey
Martinez, J.
Matthews
Mattox
McDonald
McNulty
Middlemas
Miers
Mixson
Murphy
Nergard
Nichols
Osborne
Papy
Pfeiffer
Poorbaugh
Powell
Pratt
Prominski
Randell
Redman
Reed
Reedy
Robinson
Rowell

Rude
Rust
Ryals
M. Sackett
Savage
Scarborough
Schultz
Sessums
Shadley
Shaw
Singleton
Smith
Spicola
Stafford
Stallings
Stevens
Tillman
Tucker
Tyre
Walker
Wells
Whitson
Williams
Wolfson
Yancey
Yarborough

Excused: Representative Sweeny.
A quorum was present.

REPORT OF STANDING COMMITTEE
The Committee on Constitutional Revision recommends the
following pass:

HJR 1-2X with amendment
HJR 2-2X
HJR 3-2X

HJR 4-2X
HJR 5-2X

The joint resolutions were placed in the Committee on Rules
& Calendar.

Adjournment
On motion by Mr. Rowell, the House adjourned at 3:05 P.M. to
reconvene at 9:30 A.M. tomorrow.

June 24, 1968

THE JOURNAL OF THE FLORIDA

House of Representatives

PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]
SPECIAL SESSION

TUESDAY, JUNE 25, 1968

The House was called to order by the Speaker at 9:30 A.M.
The following Members were recorded present:

Eddy
Elmore
Featherstone
Firestone
Fleece
Fortune, E. M.
Fortune, J.
Gallen
Gautier
Gibson
Gillespie
Gissendanner
Graham
Grange
Grizzle
Gustafson
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
Inman
James
Kennelly
King
Land

Lewis Rowell
Lindsey Rude
Martinez, J. M. Rust
Matthews Ryals
Mattox Sackett
McDonald Savage
McNulty Scarborough
Middlemas Schultz
Miers Sessums
Mixson Shaw
Murphy Singleton
Myers Smith
Nergard Spicola
Nichols Stafford
Osborne Stallings
Papy Stevens
Pettigrew Sweeny
Pfeiffer Tillman
Poorbaugh Tucker
Powell Tyre
Pratt Walker
Prominski Wells
Randell Whitson
Redman Williams
Reed Wolfson
Reedy Yancey
Robinson Yarborough

Excused: Representatives Crabtree, Gorman, E. L. Martinez,
McKinley, Reeves, Register and Shadley.
A quorum was present.

Prayer
Prayer by the Honorable Robert C. De Young:
Almighty God, our heavenly Father-Who hath blessed us
and our State far beyond what we could need or want,
we offer our heartfelt thanks for all the loveliness of our
flowered land from the Panhandle to the Keys. For the
sandy beaches, the fruitful ridge, the piney woods, the
cypress lowlands, the warm sunshine, the wide heavens-
for all Thy beauties which surround us all our days we
are grateful to Thee. But we confess, our Father, that
we have not always lived like Thy grateful people. We
have not always enjoyed Thy gifts in contentment. Our
greed has sometimes led us to want more than we need;
our selfishness has sometimes led us to neglect the needs
of others; our pride has sometimes led us to imagine that
all of these resources are for only a few of Thy children.
Merciful Father, be present with this gathering of Thy
children, bless each one of us especially as Legislators
who represent the citizens of Florida along the corridors of
power-that we may go forth from this place-determined
henceforth, to secure the blessings of liberty and to pro-
mote the general welfare of all our people: rich and poor,
young and old, black and white. Our prayer for our be-
loved Florida is the same prayer we invoke for our nation:
"And crown Thy good with Brotherhood, from Sea to
Shining Sea." Through Jesus Christ our Lord, Amen.

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Beck
Bevis
Bird
Blalock
Brantley
Briggs
Brower
Caldwell
Campbell
Chappell
Clark
Conway
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker

The Journal
The Journal of June 24 was ordered corrected and approved
as follows: On page 2, column 1, line 8 from top, strike "May
16, 1968" and insert "May 31, 1968". On page 3, column 1,
line 2 from top, strike "425.12(6)" and insert "325.12(6)".
On page 3, in the quorum roll call, strike "Granger" and insert
"Grange".

Co-introducers
Representatives Campbell, Crider, Elmore, E. M. Fortune,
Shaw and Tyre were given permission to be recorded as co-
introducers of HB 6-2X.
Representatives Campbell, Elmore, E. M. Fortune and Shaw
were given permission to be recorded as co-introducers of HB
7-2X.

INTRODUCTION AND REFERENCE

By Representatives Bevis and Turlington-
HCR 10-2X-A Concurrent Resolution in memorial of Dr.
Rembert Wallace Patrick.
-was placed temporarily in the Committee on Rules & Calen-
dar.

By Representatives Tyre and Elmore-
HB 11-2X-A bill to be entitled An act relating to concealed
weapons; amending section 790.01, Florida Statutes, to substi-
tute "slung shot" for "sling shot" in the list of weapons that
may not be carried concealed on the person and to add the word
"'dangerous" to the last item in the series; providing an effec-
tive date.
-was placed temporarily in the Committee on Rules & Calendar.

By Representative Tyre-
HB 12-2X-A bill to be entitled An act relating to state de-
partment of public welfare, assistance; repealing section 409.305,
Florida Statutes; providing that acceptance of public assist-
ance payment after certain date shall constitute debt of recip-
ient; providing for filing of claims by welfare department
against estate of recipient for collection of such debt; providing
period for filing such claim; providing exemption for homestead
property; providing for notice to recipient; providing for dis-
position of funds collected; providing administrative powers;
providing effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Redman, Sessums, and Stevens-
HB 13-2X-A bill to be entitled An act relating to circuit
judges in each judicial circuit of the state embracing two (2)
or more counties among which is one (1) county having a popu-
lation of four hundred fifty thousand (450,000) or more ac-
cording to the latest official decennial census and not having
home rule under the Constitution; repealing chapter 67-962,
Laws of Florida, providing for supplementary compensation for
4

JOURNAL OF THE HOUSE

each of the circuit judges in said judicial circuit; providing an
effective date.
-was placed temporarily in the Committee on Rules & Calen-
dar.

By Representatives Yarborough and Gautier-
HB 14-2X-A bill to be entitled An Act relating to jury lists;
repealing section 40.101, F.S., authorizing the use of mailed
questionnaires; providing an effective date.
-was placed temporarily in the Committee on Rules & Calendar.

By Representatives Sessums, Redman, Spicola, E. L. Mar-
tinez, Ryals, Stevens, and Hodes-
HB 15-2X-A bill to be entitled An act amending section
348.56(2), Florida Statutes, relating to the issuance of bonds
of the Tampa-Hillsborough County Expressway Authority; pro-
viding an effective date.
-was placed temporarily in the Committee on Rules & Calen-
dar.

By Representatives Sessums, Redman, Spicola, E. L. Mar-
tinez, Ryals, Stevens, and Hodes-
HB 16-2X-A bill to be entitled An act relating to Tampa-
Hillsborough County Expressway Authority; amending sub-
section (2) of section 7 of chapter 63-447, Laws of Florida, in-
creasing maximum interest payable on bonds; providing an
effective date.
Evidence of notice and publication was
established by the House as to HB 16-2X.
-was placed temporarily in the Committee on Rules & Calen-
dar.
By Representatives Sessums, Redman, Spicola, E. L. Mar-
tinez, Ryals, Stevens, and Hodes-
HB 17-2X-A bill to be entitled An act relating to the pow-
ers of the Tampa-Hillsborough County expressway authority;
amending section 8 of chapter 63-447, Laws of Florida, to speci-
fy bonds that may be refunded; providing an effective date.
Evidence of notice and publication was
established by the House as to HB 17-2X.
-was placed temporarily in the Committee on Rules & Calen-
dar.

By Representatives Sessums, Redman, Spicola, E. L. Mar-
tinez, Ryals, Stevens, and Hodes-
HB 18-2X-A bill to be entitled An act relating to the Tampa-
Hillsborough County expressway authority; amending section
348.57(1) (b), Florida Statutes, to specify bonds that may be
refunded; providing an effective date.
-was placed temporarily in the Committee on Rules & Calen-
dar.

By Representatives Gautier, Firestone, D'Alemberte, and
Rust-
HB 19-2X-A bill to be entitled An act relating to the Flor-
ida bureau of law enforcement; amending subsection 23.086-
(5)(b), Florida Statutes, to provide for the service of arrest
warrants, capias or other court process; granting subpoena
duces tecum authority; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Gautier-
HB 20-2X-A bill to be entitled An act relating to weapons
and firearms; adding sections 790.001, 790.061, 790.062, 790.063,
790.231, 790.232, 790.233, 790.234, 790.235 and 790.236. Florida

Statutes; amending sections 790.01, 790.02, 790.05, 790.06, 790.07,
790.08, 790.10, 790.11, 790.16, 790.161, 790.162, 790.17, 790.18,
790.22, 790.23 and 790.25, Florida Statutes; establishing defini-
tions; defining carrying of concealed weapons and providing

June 25, 1968

Report of the Committee on Rules & Calendar
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

June 24, 1968

Your Committee on Rules & Calendar herewith submits, as

;E OF REPRESENTATIVES 5

penalties therefore; providing for arrest upon probable cause
for carrying concealed weapon; amending penalty for carrying
firearms without license; amending licensing procedure for carry-
ing firearms; providing for investigation of applicants for li-
censes to carry firearms and method of issuance of permit,
renewal or revocation of license; increasing penalty for com-
mitting or attempting to commit criminal offense while armed;
exempting the Florida bureau of law enforcement and the Flor-
ida game and fresh water fish commission from and including
any municipality in any county having home rule in the opera-
tion and effect of section 790.08, Florida Statutes; increasing the
penalty for the improper exhibition of dangerous weapons; ex-
empting law enforcement officers as described in the act from
the provisions of sections 790.11 and 790.16, Florida Statutes;
providing for death penalty for persons guilty under section
790.16, Florida Statutes, when recommended by a majority of
jurors; exempting law enforcement officers as defined in the
act from sections 790.161 and 790.162, Florida Statutes; pro-
hibiting the sale of firearms or weapons other than ordinary
pocket knives to a person under twenty-one years of age with-
out prior written consent of one of the parents and increasing
the penalty therefore; establishing a seven-day waiting period
for the purchase of a firearm and prescribing procedure of sale;
prohibiting possession of firearms by felons; making unlawful
possession of sawed-off shotgun and rifle or machine gun and
"providing penalty therefore; establishing presumption of posses-
sion of sawed-off shotgun and rifle or machine gun; providing
for seizure and forfeiture of property used in the transporta-
tion, storage, deposit or concealment of any sawed-off shotgun
and rifle or machine gun and establishing procedures there-
for; making illegal possession of firearm silencer and providing
penalty therefore; providing that firearms be securely encased
and unloaded while being transported and deleting subsection
(1) from section 790.25, Florida Statutes; providing an effec-
tive date.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representatives Gautier, Firestone, Rust, and D'Alem-
berte-
HB 21-2X-A bill to be entitled An act amending section
11.08, Florida Statutes, to provide for the service of witness
subpoenas by a duly constituted agent of the Florida bureau
of law enforcement; providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representatives Gautier, Firestone, and D'Alemberte-
HB 22-2X-A bill to be entitled An act relating to public
officers and employees; amending sections 112.02 and 112.03,
Florida Statutes; providing that the two year prior residency
of all persons employed by the state and any county of the
state shall not apply to employees of any law enforcement
agency of the state or any county of the state; providing an
effective date.
-was placed temporarily in the Committee on Rules &
Calendar.

"By Representatives Shaw and Tyre-
HB 23-2X-A bill to be entitled An act relating to real or
personal property owned by board of county commissioners
and board of public instruction in all counties of the state
having a population of not less than nineteen thousand two
hundred (19,200) nor more than twenty thousand (20,000),
according to the latest official decennial census; permitting the
transfer of such property from one board to the other without
reimbursement; provided that such property transferred is
surplus or no longer serving a useful purpose; providing an
effective date.
-was placed temporarily in the Committee on Rules &
Calendar.

6

the Special Order Calendar under Rule 8.16 for Tuesday, June
25, 1968, the consideration of the following bills together with
their companion measures:
HJR 1-2X HJR 4-2X
HJR 2-2X HJR 5-2X
HJR 3-2X
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar
On motion by Mr. Rowell, the above report was adopted.

CONSIDERATION OF THE SPECIAL ORDER
HJR 1-2X-A joint resolution proposing a revision of portions
of the Constitution of the State of Florida, excepting therefrom
revision of Articles V, VI and VIII.
-was taken up.
On motion by Mr. Dubbin, the rules were waived and HJR
1-2X was read the second time by title.
Mr. Pratt moved the previous question on HJR 1-2X and
all pending amendments which was not agreed to.
Representative Scarborough offered the following amendment:
In Article I, Section 8, on page 2, beginning at line 29, strike
"may be regulated by law." and insert the following: may be
regulated by general law.
Mr. Scarborough moved the adoption of the amendment.
Pending consideration thereof-
Representative Pratt offered the following substitute amend-
ment:
In Article I, Section 8, page 2, line 29, after "regulated by
law." insert the following: The legislature is prohibited from
requiring the citizenry to register rifles or shotguns except peo-
ple who have been convicted of a serious crime.
Mr. Pratt moved the adoption of the substitute amendment
which failed of adoption.
The question recurred on the amendment as offered by Mr.
Scarborough which failed of adoption. The vote was:
Yeas-41
Bassett Fortune, E. M. Miers Sackett
Bevis Grange Mixson Scarborough
Bird Humphrey Nergard Stafford
Blalock Inman Nichols Stallings
Brower James Osborne Tucker
Campbell Kennelly Poorbaugh Tyre
Chappell King Powell Walker
Craig Lindsey Pratt Whitson
Davis Martinez, J. M. Randell
Ducker Mattox Rude
Elmore McNulty Rust
Nays-62
Mr. Speaker Danahy Graham Myers
Alvarez De Young Gustafson Papy
Andrews Dubbin Harris Pettigrew
Arnold Eddy Hartnett Pfeiffer
Baker Featherstone Hector Redman
Brantley Firestone Hodes Reed
Briggs Fleece Holloway Reedy
Caldwell Fortune, J. Land Robinson
Clark Gallen Lewis Rowell
Conway Gautier Matthews Ryals
Crider Gibson McDonald Savage

Culbreath Gillespie Middlemas Schultz
D'Alemberte Gissendanner Murphy Sessums

June 25, 1968

Singleton Stevens Wells Yarborough
Smith Sweeny Wolfson
Spicola Tillman Yancey
Representative Pratt offered the following amendment:
In Article I, Section 16, page 4, line 26, after "committed,"
strike balance of section.
Mr. Pratt moved the adoption of the amendment which
failed of adoption.
Representative Pratt offered the following amendment:
In Article I, Section 3, page 1, line 26, strike "Religious
freedom shall not justify practices inconsistent with public
morals, peace or safety." and insert the following: The liberty
of religion hereby secured shall not be so construed as to justify
licentiousness or practices subversive of, or inconsistent with,
the peace or moral safety of the State or society.
Mr. Pratt moved the adoption of the amendment which
failed of adoption.
Representative Pratt offered the following amendment:
In Article I, Section 12, page 3, line 17, strike "the communi-
cation to be intercepted,"
Mr. Pratt moved the adoption of the amendment which was
adopted.
Representative Pratt offered the following amendment:
In Article I, Section 5, page 2, line 13, after "to" and before
"petition" insert "lawfully".
Mr. Pratt moved the adoption of the amendment which
failed of adoption.
Representative Pratt offered the following amendment:
In Article I, Section 14, page 3, line 27, strike entire section
and insert the following: Section 14. Bail-All persons charged
with a crime or violation of municipal or county ordinance
shall be entitled to release on reasonable bail of sufficient
surety unless charged with a capital offense and the proof
of guilt is evident.
Mr. Pratt moved the adoption of the amendment. Pending
consideration thereof-
Representative Gautier offered the following substitute
amendment:
In Article I, Section 14, page 3, line 27, strike entire section
and insert:
Section 14. BAIL.-Until adjudged guilty, every person
charged with a crime or violation of municipal or county ordi-
nance shall be entitled to release on reasonable bail with suffi-
cient surety unless charged with a capital offense or an offense
punishable by life imprisonment and the proof of guilt is evi-
dent or the presumption is great.
Mr. Gautier moved the adoption of the substitute amendment
which was adopted.
Representative Blalock offered the following amendment:
In Article I, Section 6, page 2, line 18, strike all after the
word "of" down through the word "organization" on line 20 and
insert the following: private employees, by and through a labor
organization
Mr. Blalock moved the adoption of the amendment which
was adopted. The vote was:

Yeas-53
Bassett
Bevis
Bird
Blalock
Briggs
Caldwell
Campbell
Chappell
Conway
Craig
Culbreath

Davis
De Young
Ducker
Eddy
Fortune, E. M.
Fortune, J.
Gallen
Gibson
Gillespie
Grizzle
Gustafson

Humphrey
James
Kennelly
King
Lindsey
Mattox
McDonald
Miers
Nergard
Osborne
Papy

Pfeiffer
Poorbaugh
Powell
Pratt
Prominski
Redman
Reed
Robinson
Rowell
Rude
Sackett

JOURNAL OF THE HOUSE OF REPRESENTATIVES

June 25, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Savage
Shaw
Smith
Nays-46
Mr. Speaker
Andrews
Arnold
Baker
Brantley
Brower
Clark
Crider
D'Alemberte
Danahy
Dubbin
Elmore

Representative Tyre changed his vote from Yea to Nay.
Mr. Pratt moved that the House now reconsider the vote by
which Mr. Gautier's substitute amendment to Section 14 was
adopted, which was not agreed to.
Representative Brantley offered the following amendment:
In Article I, Section 6, page 2, line 15, strike all of Section 6
and re-number other sections.
Mr. Brantley moved the adoption of the amendment which
failed of adoption.
Representative Pfeiffer offered the following amendment:
In Article I, Section 2, on page 1, line 22, strike the period
and add the following: or sex.
Mr. Pfeiffer moved the adoption of the amendment which
failed of adoption.
Representatives Humphrey, De Young and Rust offered the
following amendment:
In Article I, Section 20, page 5, line 16, strike "or giving
them aid and comfort" and insert the following: giving them
aid and comfort or inciting the populace to riot or forceful over-
throw of the state government or any of its political subdi-
visions
Mr. Humphrey moved the adoption of the amendment which
failed of adoption.
Mr. Stallings moved that the House now reconsider the vote
by which the amendment by Representatives Humphrey, De
Young and Rust to Section 20 failed to pass.
The absence of a quorum was suggested. A quorum of 105
was present.
The question recurred on the motion to reconsider which was
agreed to. The vote was:

Ducker
Elmore
Featherstone
Gibson
Grange
Grizzle
Humphrey
James
Kennelly
King
Lindsey
Mattox

Davis
Dubbin
Eddy
Fleece
Gautier
Gillespie
Gissendanner
Graham
Harris

McDonald
McNulty
Mixson
Nergard
Nichols
Osborne
Papy
Pfeiffer
Poorbaugh
Pratt
Prominski
Randell

Hartnett
Hector
Hodes
Land
Lewis
Middlemas
Miers
Murphy
Myers

Reedy
Rude
Rust
Sackett
Scarborough
Shaw
Stafford
Stallings
Stevens
Tucker
Tyre

Pettigrew
Powell
Redman
Robinson
Ryals
Savage
Sessums
Singleton
Smith

Spicola Tillman Williams
Sweeny Wells Wolfson
The question recurred on the adoption of
which was adopted. The vote was:

Stafford
Stallings
Sweeny

Featherstone
Firestone
Gautier
Gissendanner
Graham
Grange
Harris
Hector
Hodes
Holloway
Land
Lewis

Martinez, J. M. Schultz
Matthews Sessums
McNulty Singleton
Middlemas Spicola
Murphy Stevens
Myers Walker
Nichols Wells
Pettigrew Wolfson
Randell Yancey
Rust Yarborough
Ryals
Scarborough

Representative Holloway

M.

Mixson
Nergard
. Nichols
Osborne
Papy
Pfeiffer
Poorbaugh
Pratt
Prominski
Randell
Reed
Robinson
Rowell
Rude

7

Tucker
Tyre
Whitson

Yeas-55
Alvarez
Bassett
Beck
Bevis
Blalock
Brantley
Brower
Campbell
Chappell
Craig
Crider
Culbreath
De Young
Ducker
Nays-45
Mr. Speaker
Andrews
Arnold
Baker
Bird
Caldwell
Clark
Conway
D'Alemberte
Danahy
Davis
Dubbin

In Article I, Section 3, page 1, line 30, strike "or indirectly"
Mr. Holloway moved the adoption of the amendment which
failed of adoption.
Representative Sackett offered the following amendment:
In Article I, on page 1, line 13, strike all of Section 2 and
insert:
Section 2. BASIC RIGHTS.-All natural persons are equal
before the law and have inalienable rights, among which are
the right to enjoy and defend life and liberty, to be permitted
to die with dignity, to pursue happiness, to be rewarded for
industry, and to acquire, possess and protect property; except
that the ownership, inheritance, disposition and possession of
real property by aliens ineligible for citizenship may be regu-
lated or prohibited by law. No person shall be deprived of any
right because of race or religion.
Dr. Sackett moved the adoption of the amendment which
failed of adoption.
Representative Redman offered the following amendment:
In Article II, Section 2, page 7, lines 27 and 28, strike "lieu-
tenant governor"
Mr. Redman moved the adoption of the amendment which
failed of adoption. The vote was:
Yeas-33
Alvarez Elmore Middlemas Scarborough
Arnold Featherstone Miers Shaw
Beck Fortune, E. M. Mixson Stallings
Bevis Gallen Papy Tucker
Blalock Gissendanner Pratt Tyre
Brantley Grange Randell Walker
Brower Kennelly Redman
Campbell Mattox Rowell
Craig McDonald Ryals
Nays-67
Mr. Speaker Briggs Crider De Young
Baker Caldwell D'Alemberte Dubbin
Bassett Clark Danahy Ducker
Bird Conway Davis Eddy

Yancey
Yarborough
the amendment

Rust
Sackett
Scarborough
Stafford
Stallings
Stevens
Tillman
Tucker
Tyre
Walker
Whitson
Williams
Yarborough

Eddy
Fleece
Fortune, E.
Gibson
Grange
Grizzle
Humphrey
James
Kennelly
Lindsey
Mattox
McDonald
McNulty
Miers

Elmore
Featherston
Firestone
Gautier
Gillespie
Gissendanne
Graham
Gustafson
Harris
Hector
Hodes
Holloway

King Schultz
Le Land Sessums
Lewis Singleton
Matthews Smith
Middlemas Spicola
ar Murphy Sweeny
Myers Wells
Pettigrew Wolfson
Powell Yancey
Redman
Ryals
Savage
offered the following amendment:

Yeas-47
Alvarez
Bassett
Beck
Bevis
Blalock
Brantley
Brower
Campbell
Chappell
Craig
Crider
De Young
Nays-44
Mr. Speaker
Arnold
Baker
Bird
Caldwell
Clark
Conway
D'Alemberte
Danahy

- 1 v

- 4

Firestone James Pettigrew Sessums
Fleece King Pfeiffer Singleton
Fortune, J. Land Poorbaugh Smith
Gautier Lewis Powell Stafford
Gibson Lindsey Prominski Stevens
Graham Martinez, J. M. Reed Sweeny
Grizzle Matthews Reedy Tillman
Gustafson McNulty Robinson Wells
Hartnett Murphy Rude Whitson
Hector Myers Rust Williams
Hodes Nergard Sackett Wolfson
Holloway Nichols Savage Yarborough
Humphrey Osborne Schultz
Representatives Spicola and Yancey were recorded as voting
Yea. Representative Walker changed his vote from Yea to
Nay, and Representative Yarborough changed his vote from
Nay to Yea.
Representative Powell offered the following amendment to
Article II, Section 1(a), on page 7, line 15, after the word
"bearing" insert "south" and on line 16, after the word "thence"
insert "northerly"
Mr. Powell moved the adoption of the amendment which
was adopted.
Representative Savage offered the following amendment:
In Article III, Section 15, page 17, lines 24 and 25, strike
"Two years in each even-numbered year." and insert the fol-
lowing: Four years, those from odd-numbered districts in the
years the numbers of which are multiples of four, and those
from even-numbered districts in even-numbered years the num-
bers of which are not multiples of four; except, at the election
next following a reapportionment, some representatives shall
be elected for terms of two years when necessary to maintain
staggered terms.
Mr. Savage moved the adoption of the amendment. Pending
consideration thereof-
Representative Shaw offered the following substitute amend-
ment:
In Article III, Section 15, on page 17, on line 16 strike
"four", on line 24 strike "two" and on line 16 insert "five",
on line 24 insert "three"
Mr. Shaw moved the adoption of the substitute amendment
which failed of adoption.
The question recurred on the adoption of the amendment
by Mr. Savage, which was adopted. The vote was:
Yeas-65

Mr. Speaker
Alvarez
Andrews
Arnold
Bassett
Beck
Blalock
Brantley
Brower
Campbell
Conway
Craig
Crider
Culbreath
D'Alemberte
Danahy
De Young
Nays-34
Baker
Bird
Briggs
Caldwell
Clark
Davis
Dubbin
Eddy
Firestone

Ducker
Elmore
Featherstone
Fleece
Fortune, E. M.
Fortune, J.
Gallen
Gibson
Grange
Gustafson
Hartnett
Hector
Holloway
Humphrey
Kennelly
King
Lewis

Gautier
Gillespie
Gissendanner
Graham
Hodes
James
Land
Matthews
Mattox

Lindsey Scarborough
Martinez, J. M. Shaw
McDonald Smith
Miers Spicola
Nichols Stafford
Osborne Stallings
Papy Stevens
Pfeiffer Tillman
Poorbaugh Tucker
Prominski Tyre
Reed Walker
Reedy Whitson
Robinson Williams
Rude Yarborough
Ryals
Sackett
Savage

McNulty
Middlemas
Mixson
Murphy
Myers
Pettigrew
Pratt
Randell
Redman

Rowell
Rust
Singleton
Sweeny
Wells
Wolfson
Yancey

June 25, 1968

Representative Bevis was recorded as voting Yea, and Rep-
resentative Gissendanner changed his vote from Nay to Yea.
Representatives Stafford and Savage offered the following
amendment:
In Article III, Section 4, on page 12, add subsection (e) as
follows:
(e) Senators and Representatives shall, in all cases except
treason, felony and breach of peace, be privileged from arrest
during their attendance at the session of their respective houses
and in going to and returning from the same; and for any
speech or debate in either House or Committee they shall not
be questioned in any other place.
Mr. Stafford moved the adoption of the amendment which was
adopted.
Representative Beck offered the following amendment:
In Article III, Section 16, on page 18, line 22, strike ", and
it shall be the mandatory duty of the legislature to adopt a
joint resolution of apportionment" and insert a period.
Mr. Beck moved the adoption of the amendment which failed
of adoption.
Representative Reed offered the following amendment:
In Article III, Section 16, on page 18, line 11, strike "forty"
and insert the following: fifty
Mr. Reed moved the adoption of the amendment which was
adopted.
Representative Gissendanner offered the following amend-
ment:
In Article III, Section 16, on page 18, line 24 insert the fol-
lowing new subsection (b) and renumber remaining:
(b) The legislature at its regular session in the second year
following each decennial census by joint resolution, shall appor-
tion the state into congressional districts in accordance with
the constitution and laws of the United States.
Dr. Gissendanner moved the adoption of the amendment
which failed of adoption.
Representative Sweeny offered the following amendment:
In Article III, Section 3, on page 10, lines 30 and 31, strike
"on the first Tuesday after the first Monday in April, or such
other" and insert the following: and on such
Mr. Sweeny moved the adoption of the amendment which
failed of adoption.
Representative Lewis offered the following amendment:
In Article III, Section 16, page 18, line 14, strike the word
"twenty"
Mr. Lewis moved the adoption of the amendment which
failed of adoption.
Representative Holloway offered the following amendment:
In Article III, Section 2, page 10, line 12, strike "permanent"
Mr. Holloway moved the adoption of the amendment which
failed of adoption.
Representative Pratt offered the following amendment:
In Article IV, Section 6, page 26, line 26, after "impeach-
ment," and before "any officer" insert the following: provided
however that any suspension must be based on competent evi-
dence and not suspicion,
Mr. Pratt moved the adoption of the amendment which failed
of adoption.
Representative Pratt offered the following amendment:
In Article IV, page 28, line 5, strike entire Section 8.

Mr. Pratt moved the adoption of the amendment which failed
of adoption.
Representative Pratt offered the following amendment:

8

JOURNAL OF THE HOUSE OF REPRESENTATIVES

June 25, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

In Article IV, Section 6, page 27, line 7, insert the following:
A Member of the Supreme Court of the State of Florida shall
sit as legal advisor in such Senate sessions for the purpose of
ruling on the admissibility of evidence submitted to said tri-
bunal.
Mr. Pratt moved the adoption of the amendment which failed
of adoption.
Representative Blalock offered the following amendment:
In Article IV, Section 4, on page 25, lines 15 and 16, strike
"and in party primaries, if held"

Mr. Blalock moved the adoption of the
failed of adoption. The vote was:
Yeas-44

Culbreath Kennelly
Elmore Lewis
Featherstone Mattox
Fortune, E. M. McDonald
Gautier Middlemas
Gillespie Miers
Graham Nergard
Grange Osborne
Harris Papy
Hartnett Pratt
Inman Randell

Firestone Mixson
Fleece Murphy
Gallen Myers
Gibson Nichols
Gissendanner Pettigrew
Hector Pfeiffer
Hodes Poorbaugh
Humphrey Powell
James Reed
Lindsey Reedy
Martinez, J. M. Robinson
Matthews Rude
McNulty Rust

amendment which

Redman
Sackett
Savage
Shaw
Spicola
Stallings
Tucker
Tyre
Whitson
Williams
Yancey

Ryals
Scarborough
Sessums
Singleton
Smith
Stevens
Sweeny
Tillman
Wells
Wolfson
Yarborough

Representative Rude changed his vote from Nay to Yea.
Representative Blalock offered the following amendment:
In Article IV, Section 4(b), page 25, lines 27-31, strike all
of the sentence beginning "No person" and insert the fol-
lowing: No person who has, or but for resignation would have,
served as governor or acting governor for more than two
years shall be elected governor for the succeeding term.
Mr. Blalock moved the adoption of the amendment which
failed of adoption.
Representative Wells offered the following amendment to
Article IV, Section 2, page 23, line 15, strike subsection (a)
and insert:
(a) DUTIES. There shall be a lieutenant governor. He shall
perform such duties pertaining to the office of governor as shall
be assigned to him by the governor, except when otherwise pro-
vided by law, and such other duties as may be prescribed by law.
Mr. Wells moved the adoption of the amendment which was
adopted.
Representative Harris offered the following amendment:
In Article VII, Section 8, page 32, line 19, strike entire
subsection (b)
Mr. Harris moved the adoption of the amendment which was
adopted. The vote was:
Yeas-53

Ducker
Eddy
Elmore
Featherstone
Firestone
Fleece
Gautier

Gissendanner
Graham
Grizzle
Gustafson
Harris
Hartnett
Hector

Hodes
Holloway
Humphrey
James
King
Lewis
Lindsey

Martinez, J. M. Pettigrew
Matthews Pfeiffer
McDonald Poorbaugh
Middlemas Prominski
Murphy Reed
Myers Robinson
Osborne Rude
Nays-46

Mr. Speaker
Alvarez
Andrews
Arnold
Beck
Bevis
Brantley
Briggs
Brower
Campbell
Conway
Craig

Crider
Culbreath
Davis
Dubbin
Fortune, E. M.
Gibson
Gillespie
Grange
Kennelly
Land
Mattox
McNulty

9

Rust
Sackett
Savage
Scarborough
Sessums
Stafford
Stevens

Miers
Mixson
Nichols
Papy
Powell
Pratt
Randell
Redman
Reedy
Rowell
Ryals
Schultz

Tucker
Wolfson
Yancey
Yarborough

Singleton
Smith
Spicola
Stallings
Sweeny
Tyre
Walker
Wells
Whitson
Williams

Representatives Elmore and Wolfson changed their vote from
Yea to Nay.
Representative Sweeny offered the following amendment:
In Article VII, Section 5(c), page 31, line 27, strike "for"
and insert "by"
Mr. Sweeny moved the adoption of the amendment which was
adopted.
Representative Sweeny offered the following amendment:
In Article VII, Section 5(c), page 31, line 27, strike "has been
a resident of the state for the preceding five years" and insert
the following: is a resident of the state as of January 1, 1970

Mr. Sweeny moved the adoption of the amendment. Pending
consideration thereof-
Representative Pratt offered the following substitute amend-
ment:
In Article VII, Section 5(c), page 31, line 26, strike subpara-
graph (c) of Section 5.
Mr. Pratt moved the adoption of the substitute amendment
which failed of adoption. The vote was:
Yeas-29

Baker
Bassett
Bird
Caldwell
Davis
Ducker
Elmore
Firestone

Nays-66

Mr. Speaker
Alvarez
Andrews
Arnold
Beck
Bevis
Blalock
Brantley
Briggs
Brower
Campbell
Chappell
Conway
Craig
Crider
Culbreath
D'Alemberte

Fleece
Gustafson
Hartnett
James
King
Lindsey
Mattox
McNulty

De Young
Dubbin
Featherstone
Fortune, E. M.
Gautier
Gibson
Gillespie
Gissendanner
Graham
Grange
Harris
Hector
Hodes
Holloway
Humphrey
Kennelly
Land

Miers
Poorbaugh
Pratt
Reed
Robinson
Rude
Savage
Scarborough

Lewis
Matthews
McDonald
Middlemas
Mixson
Murphy
Myers
Nichols
Pettigrew
Pfeiffer
Powell
Randell
Reedy
Rowell
Rust
Ryals
Sackett

Stafford
Tillman
Tucker
Whitson
Yancey

Schultz
Sessums
Shaw
Singleton
Smith
Spicola
Stallings
Stevens
Sweeny
Tyre
Walker
Wells
Williams
Wolfson
Yarborough

The question recurred on the adoption of the amendment by
Mr. Sweeny, which failed of adoption. The vote was:

Alvarez
Arnold
Beck
Bevis
Blalock
Brantley
Campbell
Chappell
Conway
Craig
Crider
Nays-50
Mr. Speaker
Andrews
Baker
Bassett
Briggs
Clark
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker
Eddy

Baker
Bird
Blalock
Caldwell
Clark
D'Alemberte
De Young

JOURNAL OF THE HOUSE OF REPRESENTATIVES

June 25, 1968

Yeas-45
Andrews
Baker
Bevis
Bird
Brower
Clark
Conway
Craig
D'Alemberte
Davis
De Young
Ducker
Nays-49
Mr. Speaker
Arnold
Bassett
Beck
Blalock
Brantley
Briggs
Caldwell
Campbell
Chappell
Crider
Culbreath
Dubbin

Elmore
Firestone
Fleece
Gillespie
Gissendanner
Gustafson
Harris
Hartnett
Humphrey
James
Lindsey
Mattox

Featherstone
Fortune, E. M.
Gautier
Gibson
Graham
Grange
Hector
Holloway
Kennelly
King
Land
Lewis
Matthews

McNulty
Miers
Murphy
Nergard
Osborne
Papy
Pfeiffer
Poorbaugh
Powell
Robinson
Rowell
Rust

McDonald
Middlemas
Mixson
Myers
Nichols
Pettigrew
Pratt
Prominski
Randell
Reed
Reedy
Rude
Ryals

Sackett
Savage
Sessums
Stallings
Stevens
Sweeny
Tillman
Yancey
Yarborough

Scarborough
Schultz
Shaw
Singleton
Smith
Spicola
Tyre
Walker
Williams
Wolfson

Representative Redman was recorded as voting Nay.
Representative Beck offered the following amendment:
In Article VII, Section 5, on page 31, line 9, after the words
"to the extent of" and before the words "five thousand dollars
of" add "the first"
Mr. Beck moved the adoption of the amendment which failed
of adoption.
Representative McNulty offered the following amendment:
In Article VII, Section 5(a), on page 31, line 11, strike "the
real estate may be held by legal or equitable title, by the en-
tireties, jointly, in common, as a condominium, or indirectly by
stock ownership or membership representing the owner's or
member's proprietary interest in a corporation owning a fee or
a leasehold initially in excess of ninety-eight years." and insert
the following: Said title may be held by the entireties, jointly,
or in common with others, and said exemption may be appor-
tioned among such of the owners as shall reside thereon, as
their respective interests shall appear, but no such exemption
of more than five thousand dollars 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 appropriate and reasonable laws
regulating the manner of establishing the right to said exemp-
tion.
Mr. McNulty moved the adoption of the amendment which
failed of adoption.
Representatives Stallings and Kennelly offered the following
amendment:
In Article VII, Section 8, page 32, line 18, add a sentence to
read: No real property shall be taxed in the aggregate in excess
of three per cent of its just valuation, anything contained in
this constitution to the contrary notwithstanding.
Mr. Stallings moved the adoption of the amendment which
was adopted. The vote was:
Yeas-49

Alvarez
Arnold
Bassett
Bevis
Bird
Blalock
Brantley
Brower
Campbell
Chappell
Conway
Craig
Crider

Ducker Mattox
Featherstone McNulty
Fortune, E. M. Miers
Fortune, J. Mixson
Gallen Nergard
Gibson Nichols
Gillespie Papy
Grange Pratt
Inman Prominski
James Reedy
Kennelly Robinson
Lindsey Rowell
Martinez, J. M. Rude

Rust
Ryals
Sackett
Scarborough
Shaw
Stallings
Sweeny
Tucker
Tyre
Whitson

Nays-48
Mr. Speaker
Andrews
Baker
Beck
Briggs
Caldwell
Clark
Culbreath
D'Alemberte
Davis
De Young
Dubbin

Eddy
Firestone
Fleece
Gautier
Gissendanner
Graham
Gustafson
Hartnett
Hector
Hodes
Holloway
Humphrey

King
Land
Lewis
Matthews
McDonald
Middlemas
Murphy
Myers
Pettigrew
Pfeiffer
Poorbaugh
Powell

Randell
Redman
Reed
Savage
Singleton
Smith
Stevens
Tillman
Williams
Wolfson
Yancey
Yarborough

The absence of a quorum was suggested. A quorum of 102
Members was present.
Representative Myers offered the following amendment:
In Article VII, Section 1, on page 29, line 19, add a new sub-
paragraph as follows: (e) Except as provided in this constitu-
tion, there shall be no earmarking of revenues based on source
of funds.
Mr. Myers moved the adoption of the amendment which
failed of adoption.
Representative Blalock offered the following amendment:
In Article VII, page 29, strike all of Section 2(a) and insert
the following: (a) The tax on intangible personal property shall
be as provided by general law; provided further that as to any
obligations secured by mortgage, deed of trust, or other lien
on real estate wherever located, an intangible tax of not more
than two mills on the dollar may be levied by law to be in
lieu of all other intangible assessments on such obligations.
Mr. Blalock moved the adoption of the amendment which
failed of adoption. The vote was:
Yeas-27

Alvarez
Bird
Blalock
Brantley
Brower
Campbell
Clark
Nays-70
Mr. Speaker
Baker
Bassett
Beck
Bevis
Briggs
Chappell
Conway
Culbreath
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker
Eddy
Featherstone
Firestone

Craig
Crider
Elmore
Fortune, E. M.
Gallen
Gillespie
Gissendanner

Fleece
Fortune, J.
Gautier
Gibson
Graham
Gustafson
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
Inman
James
King
Land
Lewis
Lindsey

Grange
Kennelly
McDonald
Middlemas
Nichols
Poorbaugh
Pratt

Martinez, J. M.
Matthews
Mattox
McNulty
Miers
Mixson
Murphy
Myers
Osborne
Pettigrew
Pfeiffer
Powell
Prominski
Randell
Redman
Reed
Rowell
Rude

Robinson
Scarborough
Shaw
Stallings
Tyre
Yarborough

Rust
Sackett
Savage
Schultz
Sessums
Singleton
Spicola
Stafford
Stevens
Sweeny
Tillman
Tucker
Walker
Whitson
Wolfson
Yancey

Representative Papy was recorded as voting Nay and Repre-
sentative Yarborough changed his vote from Yea to Nay.

Recess
On motion by Mr. Rowell, the House stood in informal recess
at 2:05 P.M. to reconvene at 2:35 P.M.

Reconvened
The House was called to order by the Speaker at 2:35 P.M.
A quorum was present.

10

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Representative Gillespie offered the following amendment:
In Article VII, Section 2(b), on page 29, line 30, strike entire
paragraph and insert the following: All property owned by a
municipality and used exclusively by such municipality for mu-
nicipal or public purposes shall be exempt from taxation.
By general law other property owned by a municipality and
used for municipal or public purposes, and property used for
educational, literary, scientific, religious or charitable purposes
may be exempted from taxation.
Mr. Gillespie moved the adoption of the amendment which
failed of adoption.
Representative D'Alemberte offered the following amend-
ment:
In Article VII, Section 2, Subsection b, on page 29, beginning
at line 30, strike subsection (b) and insert the following:
(b) All property owned by a municipality and used exclu-
sively by such municipality for municipal or public purposes
within the county in which the municipality is located shall
be exempt from taxation. By general law other property owned
by a municipality and used exclusively for municipal or public
purposes, and property used exclusively for educational, liter-
ary, scientific, religious or charitable purposes, or held by a
trustee pursuant to an employee benefit plan if the trust has
qualified for exemption from federal income tax under the laws
of the United States of America, may be exempted from taxa-
tion.

Mr. D'Alemberte moved the adoption
which was adopted. The vote was:

Yeas-45
Alvarez
Andrews
Arnold
Baker
Bird
Blalock
Brantley
Brower
Caldwell
Campbell
Chappell
Clark
Nays-39
Mr. Speaker
Bevis
Briggs
Danahy
De Young
Dubbin
Ducker
Eddy
Elmore
Gibson

Conway Graham
Craig Grange
Crider Hartnett
D'Alemberte Hector
Davis Holloway
Featherstone Inman
Firestone Lewis
Fleece Matthews
Fortune, E. M. Mattox
Gautier Middlemas
Gillespie Myers
Gissendanner Nergard

Gustafson Murphy
Hodes Nichols
Humphrey Pfeiffer
James Powell
King Pratt
Lindsey Prominski
Martinez, J. M. Redman
McNulty Reedy
Miers Robinson
Mixson Rust

of the amendment

Papy
Pettigrew
Randell
Sackett
Schultz
Smith
Stevens
Sweeny
Wells

Savage
Scarborough
Singleton
Stafford
Tucker
Whitson
Wolfson
Yancey
Yarborough

Representative Dubbin changed his vote from Nay to Yea.
Representative Hartnett offered the following amendment:
In Article VII, Section 2(b), page 30, line 5, strike "exclu-
sively"
Mr. Hartnett moved the adoption of the amendment. Pending
consideration thereof-
Representative Pettigrew offered the following substitute
amendment:
In Article VII, Section 2(b), line 5, before the word "prop-
erty" insert the following: such portions of
Mr. Pettigrew moved the adoption of the substitute amend-
ment which was adopted. The vote was:
Yeas-55
Mr. Speaker Bevis Chappell Danahy
Alvarez Bird Clark Davis
Andrews Brantley Conway Dubbin
Arnold Briggs Craig Ducker
Baker Brower D'Alemberte Eddy

Firestone
Fleece
Fortune, E. M.
Gautier
Gillespie
Gissendanner
Graham
Hector
Hodes
Nays-38
Bassett
Blalock
Campbell
Crider
Culbreath
De Young
Elmore
Featherstone
Gibson
Grange

Inman
Land
Lewis
Matthews
Mattox
McDonald
McNulty
Middlemas
Mixson

Gustafson
Hartnett
Holloway
Humphrey
James
Kennelly
King
Lindsey
Miers
Murphy

11

Myers
Nichols
Osborne
Pettigrew
Poorbaugh
Powell
Rust
Sackett
Schultz

Nergard
Papy
Pfeiffer
Randell
Redman
Reed
Rowell
Rude
Ryals
Savage

Sessums
Shaw
Smith
Sweeny
Tyre
Whitson
Yancey
Yarborough

Scarborough
Singleton
Spicola
Stallings
Stevens
Tucker
Wells
Wolfson

Representative Spicola changed his vote from Nay to Yea.
Representative King offered the following amendment:
In Article VII, Section 2(c), on page 30, line 13, insert after
"disabled," the following: tangible personal
Mr. King moved the adoption of the amendment which failed
of adoption.
Representative Humphrey offered the following amendment:
In Article VII, Section 4, page 30, line 29, strike "residents
or citizens of" and insert the following: persons or corporations
within
Mr. Humphrey moved the adoption of the amendment which
failed of adoption.
Representative Dubbin offered the following amendment:
In Article VII, Section 5(a), on page 31, line 12, strike "en-
tirities" and insert the following: entireties
Mr. Dubbin moved the adoption of the amendment which was
adopted.
Representative Lewis offered the following amendment:
In Article VII, on page 31, add new Section 5 and renumber
remaining sections:
Section 5. No sales or use taxes exceeding 5% shall be levied
by the state, or under its authority, and in no event shall any
sales or use tax be levied upon the sale of foods for human
consumption or medicine.
Mr. Lewis moved the adoption of the amendment which failed
of adoption. The vote was:

Yeas-23
Bassett
Bird
Brower
Caldwell
Elmore
Featherstone
Nays-62
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bevis
Blalock
Brantley
Briggs
Campbell
Clark
Conway
Craig
Crider
Culbreath
D'Alemberte

Gissendanner
Gustafson
Harris
Kennelly
Lewis
Lindsey

Davis
De Young
Dubbin
Ducker
Fleece
Fortune, E. M.
Gautier
Gibson
Gillespie
Grange
Hodes
Humphrey
Inman
James
King
Land

Martinez, J. M. Reed
Nergard Rust
Osborne Sackett
Papy Savage
Pratt Whitson
Prominski

Matthews
Mattox
McDonald
McNulty
Middlemas
Miers
Mixson
Murphy
Myers
Nichols
Pettigrew
Pfeiffer
Poorbaugh
Powell
Randell
Redman

Robinson
Rude
Ryals
Scarborough
Schultz
Sessums
Shaw
Smith
Spicola
Stallings
Sweeny
Tucker
Wells
Yancey

June 25, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

June 25, 1968

Representatives Graham and Yarborough were recorded as
voting Nay.
Representative Whitson offered the following amendment:
In Article VII, Section 5, on page 31, line 9, strike "to the
extent of five thousand dollars of assessed value" and insert
the following: up to the assessed valuation of five thousand
dollars
Mr. Whitson moved the adoption of the amendment which
was adopted. The vote was:

Yeas-60
Mr. Speaker De Young
Alvarez Featherstone
Arnold Gillespie
Beck Graham
Bevis Grange
Bird Gustafson
Blalock Hector
Brantley Hodes
Briggs Humphrey
Campbell Inman
Clark Kennelly
Conway King
Craig Lewis
Crider Martinez, J. M.
D'Alemberte Matthews
Nays-32
Baker Firestone
Bassett Fleece
Brower Fortune, E. M.
Culbreath Gautier
Davis Gibson
Dubbin Holloway
Ducker James
Elmore Land
Representative King offered

Mattox
McDonald
Middlemas
Miers
Myers
Nergard
Nichols
Poorbaugh
Powell
Pratt
Randell
Reedy
Rowell
Ryals
Savage

Scarborough
Schultz
Sessums
Shaw
Smith
Spicola
Stallings
Sweeny
Tillman
Tucker
Tyre
Wells
Whitson
Yancey
Yarborough

Lindsey Redman
McNulty Reed
Mixson Robinson
Murphy Rude
Osborne Rust
Papy Sackett
Pettigrew Singleton
Pfeiffer Wolfson
the following amendment:

In Article VII, Section 5(c), on page 31, line 26, strike all
of subsection (c) and insert the following: (c) The legislature
may provide for an increased homestead exemption up to ten
thousand dollars of assessed value for owners who are over
the age of sixty-five or who are totally disabled as defined by
law, or who otherwise are in a special class deserving of
such relief as may be provided by law.
Mr. King moved the adoption of the amendment which
failed of adoption.
Representative King offered the following amendment:
In Article VII, Section 5(c), on page 31, line 29, after
"totally" insert the following: and permanently
Mr. King moved the adoption of the amendment which was
adopted.
Representative Shaw offered the following amendment:
In Article VII, Section 6, on page 32, line 1, strike all of Sec-
tion 6 and insert the following:
Section 6. The Legislature shall have the power to allocate
and distribute to the several counties of the State, in equal
amounts, and at such times as the Legislature shall determine,
any portion of or all excise taxes now levied and collected, or
hereafter levied or collected, by the State of Florida from the
operation of pari-mutuel pools.
Mr. Shaw moved the adoption of the amendment which failed
of adoption. The vote was:
Yeas-36

Andrews
Bassett
Beck
Bevis
Caldwell
Campbell
Craig
Ducker
Elmore

Fortune, E. M.
Gallen
Gibson
Grange
Inman
Kennelly
Martinez, J. M.
Mattox
McDonald

McNulty
Miers
Mixson
Nergard
Papy
Powell
Pratt
Randell
Rowell

Sackett
Shaw
Smith
Tillman
Tucker
Tyre
Walker
Whitson
Yarborough

Nays-57
Mr. Speaker
Arnold
Baker
Blalock
Brantley
Briggs
Clark
Conway
Crider
Culbreath
D'Alemberte
Davis
De Young
Dubbin
Eddy

Featherstone
Firestone
Fleece
Gautier
Gissendanner
Graham
Gustafson
Harris
Hector
Hodes
Holloway
Humphrey
James
King
Land

Lewis
Lindsey
Matthews
Middlemas
Myers
Nichols
Osborne
Pettigrew
Pfeiffer
Poorbaugh
Prominski
Redman
Reed
Rude
Rust

Ryals
Savage
Scarborough
Schultz
Sessums
Singleton
Spicola
Stallings
Stevens
Wells
Wolfson
Yancey

Representative Sweeny was recorded as voting Nay.
Representative Lewis offered the following amendment:
In Article VII, Section 6, on page 32, line 4, strike "When
allocated to the counties, the distribution shall be in equal
amounts to the several counties."
Mr. Lewis moved the adoption of the amendment which
failed of adoption.
Mr. Ryals moved that the House now reconsider the vote by
which the following amendment by Representatives Stallings
and Kennelly was adopted:
In Article VII, Section 8, page 32, line 18, add a sentence to
read: No real property shall be taxed in the aggregate in excess
of three per cent of its just valuation, anything contained in
this constitution to the contrary notwithstanding.
The absence of a quorum was suggested. A quorum of 94
was present.
The question recurred on Mr. Ryals' motion to reconsider,
which was agreed to. The vote was:

Yeas-64
Mr. Speaker
Andrews
Arnold
Baker
Bevis
Brantley
Briggs
Caldwell
Clark
Conway
Culbreath
D'Alemberte
Davis
De Young
Dubbin
Ducker
Nays-33
Alvarez
Bassett
Beck
Bird
Blalock
Brower
Campbell
Chappell
Crider

Eddy
Elmore
Featherstone
Firestone
Fleece
Gautier
Gillespie
Gissendanner
Graham
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
Land

Fortune, E. M.
Gibson
Grange
Gustafson
Inman
James
Kennelly
King
Lindsey

Lewis
Matthews
McDonald
Middlemas
Murphy
Myers
Osborne
Papy
Pettigrew
Pfeiffer
Poorbaugh
Powell
Randell
Redman
Reed
Ryals

Martinez, J
Mattox
McNulty
Miers
Mixson
Nergard
Nichols
Pratt
Prominski

The question recurred on the adoption
which failed of adoption. The vote was:
Yeas-36
Alvarez Crider Mattox
Bassett Fortune, E. M. McNulty
Beck Gallen Miers
Bird Gibson Mixson
Blalock Grange Nergard
Brower Inman Nichols
Campbell James Papy
Chappell Kennelly Pratt
Craig Lindsey Prominski

Savage
Scarborough
Schultz
Sessums
Shaw
Singleton
Smith
Spicola
Stevens
Sweeny
Tillman
Tyre
Walker
Wolfson
Yancey
Yarborough

M. Rowell
Rude
Rust
Sackett
Stallings
Whitson

of the amendment,

Reedy
Rowell
Rude
Rust
Shaw
Stallings
Tucker
Tyre
Whitson

12

June 25, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Nays-61
Mr. Speaker Elmore Lewis Ryals
Andrews Featherstone Martinez, J. M. Sackett
Arnold Firestone Matthews Savage
Baker Fleece McDonald Schultz
Bevis Gautier Middlemas Sessums
Brantley Gillespie Murphy Singleton
Briggs Gissendanner Myers Smith
Clark Graham Osborne Spicola
Conway Gustafson Pettigrew Stevens
Culbreath Harris Pfeiffer Sweeny
D'Alemberte Hartnett Poorbaugh Walker
Davis Hector Powell Wolfson
De Young Hodes Randell Yancey
Dubbin Holloway Redman Yarborough
Ducker Humphrey Reed
Eddy Land
Representatives Schultz, Harris, Graham, Pettigrew, Wolf-
son, Danahy, Hodes and Briggs offered the following amend-
ment:
In Article VII, add a new Section 8(b):

(b) Ad valorem taxes, exclusive of taxes levied for the
payment of bonds and taxes levied when authorized by vote
of the electors who are the owners of freeholds therein not
wholly exempt from taxation, shall not be levied in excess
of the following millages upon the assessed value of real
estate and tangible personal property: for all county purposes,
ten mills; for all municipal purposes, ten mills; for all school
purposes, ten mills; and for special districts a millage author-
ized by law approved by vote of the electors who are owners
of freeholds therein not wholly exempt from taxation. A county
furnishing municipal services may, to the extent authorized
by law, levy additional taxes within the limits fixed for muni-
cipal purposes.

Mr. Schultz moved the adoption of the amendment. Pending
consideration thereof-

Representatives Stallings and Kennelly offered the following
amendment to the amendment:
In line 2, strike "and taxes levied"
Mr. Kennelly moved the adoption of the amendment.
The absence of a quorum was suggested. A quorum of 88 was
present.

The question recurred on the amendment to the amendment,
which failed of adoption. The vote was:
Yeas---16

Alvarez
Beck
Campbell
Crider

Nays-69
Mr. Speaker
Andrews
Arnold
Baker
Bassett
Bevis
Bird
Blalock
Brantley
Briggs
.Caldwell
Clark
Conway
Craig
D'Alemberte
Danahy
Davis
De Young

Fortune, E. M.
Grange
James
Kennelly

Dubbin
Ducker
Eddy
Elmore
Firestone
Fleece
Gallen
Gautier
Gibson
Gissendanner
Graham
Gustafson
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey

King Rust
Mixson Stallings
Pratt Tillman
Rude Tyre

Land Savage
Lewis Scarborough
Martinez, J. M. Schultz
Matthews Sessums
McDonald Singleton
Miers Smith
Murphy Spicola
Myers Sweeny
Nichols Tucker
Osborne Walker
Pettigrew Wells
Pfeiffer Whitson
Powell Wolfson
Prominski Yancey
Randell Yarborough
Redman
Reed
Sackett

The question recurred on the adoption of the amendment by
Representative Schultz and others, which was adopted. The vote
was:

Yeas-78
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Beck
Bevis
Brantley
Briggs
Campbell
Conway
Craig
Crider
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker
Nays-11
Bird
Blalock
Caldwell

Eddy
Elmore
Firestone
Fleece
Fortune, E. M.
Gautier
Gibson
Gissendanner
Graham
Grange
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
James
Kennelly
King
Land

Clark
Gallen
Gustafson

13

Lewis
Matthews
Mattox
McDonald
Middlemas
Miers
Mixson
Murphy
Myers
Nichols
Osborne
Pettigrew
Pfeiffer
Powell
Randell
Redman
Reed
Rude
Rust
Ryals

Martinez, J.
Pratt
Prominski

Sackett
Savage
Scarborough
Schultz
Sessums
Singleton
Smith
Spicola
Stallings
Stevens
Sweeny
Tucker
Tyre
Walker
Wells
Whitson
Wolfson
Yancey

M. Tillman
Yarborough

Representative Pratt offered the following amendment:
In Article VII, Section 8, page 32, line 14, strike "and may
be authorized by general law to levy other taxes",
Mr. Pratt moved the adoption of the amendment which
failed of adoption.
Representatives Stallings and Kennelly offered the following
amendment:
In Article VII, Section 8, page 32, line 30, after the period,
add a new sentence to read: "No millage for special districts
shall exceed three mills upon the assessed value of real estate
and tangible personal property."
Mr. Stallings moved the adoption of the amendment which
failed of adoption.
Representative Conway offered the following amendment:
In Article VII, Section 10, on page 34, line 6, between the
words "may" and "be" insert the following: upon approval
by a two-thirds vote of the membership of each house of the
legislature,
Mr. Conway moved the adoption of the amendment which
failed of adoption.
Representative Conway offered the following amendment:
In Article VII, Section 10, on page 34, line 8, strike "average
interest cost rate" and insert the following: average cost and
interest rate
Mr. Conway moved the adoption of the amendment which
failed of adoption.
Representative Conway offered the following amendment:
In Article VII, Section 10, on page 34, line 9, between the
words "principal" and "of" insert the following: and interest
Mr. Conway moved the adoption of the amendment which
failed of adoption.
Representative Conway offered the following amendment:
In Article VII, Section 10, on page 34, line 18, strike "finance
or"
Mr. Conway moved the adoption of the amendment which
failed of adoption.
Representative Middlemas offered the following amendment to
add Article VIII:
ARTICLE VIII
LOCAL GOVERNMENT
Section 1. COUNTIES.-
(a) POLITICAL SUBDIVISIONS. The state shall be di-

14 JOURNAL OF THE HOU

vided by law into political subdivisions called counties. Counties
may be created, abolished or changed by law, with provision for
payment or apportionment of the public debt.
(b) COUNTY FUNDS. The care, custody and method of
disbursing county funds shall be provided by general law.
(c) GOVERNMENT. Pursuant to general or special law
a county government may be established by charter which shall
be adopted, amended or repealed only upon vote of the electors
of the county in a special election called for that purpose.
(d) COUNTY OFFICERS. There shall be elected by the
electors of each county, for terms of four years, a sheriff, a
tax collector, a tax assessor, a supervisor of elections, and a
clerk of the circuit court; except, when provided by county
charter or special law approved by vote of the electors of the
county, any county officer may be chosen in another manner
therein specified, or any county office may be abolished when all
the duties of the office prescribed by general law are trans-
ferred to another office. When not otherwise provided by county
charter or special law approved by vote of the electors, the
clerk of the circuit court shall be ex officio clerk of the board
of county commissioners, auditor, recorder, and custodian of all
county funds. In each magistrates court district the office of
constable with a term of four years may be established or
abolished by county charter or law approved by vote of the
electors.
(e) COMMISSIONERS. Except when otherwise provided
by county charter, the governing body of each county shall be
a board of county commissioners composed of five members
serving staggered terms of four years. After each decennial
census the board of county commissioners shall divide the coun-
ty into districts of contiguous territory as nearly equal in popu-
lation as practicable. One commissioner residing in each dis-
trict shall be elected by the electors of the county.
(f) NON-CHARTER GOVERNMENT. Counties not oper-
ating under county charters shall have the power of self-
government except as otherwise provided by general or special
law. The board of county commissioners of a county not operat-
ing under a charter may enact, in a manner prescribed by
general law, county ordinances not inconsistent with law, but
an ordinance in conflict with a municipal ordinance shall not
be effective within the municipality to the extent of such con-
flict.
(g) CHARTER GOVERNMENT. Counties operating un-
der county charters shall have all powers of local self-
government not inconsistent with general law, or with special
law approved by vote of the electors. The legislative body of a
county operating under a charter may enact county ordinances
not inconsistent with general law. The charter shall provide
which shall prevail in the event of conflict between county and
municipal ordinances.
(h) TAXES-LIMITATION. Property situate within mu-
nicipalities shall not be subject to taxation for services ren-
dered by the county exclusively for the benefit of the property
or residents in unincorporated areas.
(i) COUNTY ORDINANCES. Each county ordinance shall
be filed with the secretary of state and shall become effective at
such time thereafter as fixed by general law.
(j) VIOLATION OF ORDINANCES. Persons violating
county ordinances shall be prosecuted and punished as pro-
vided by law.
(k) COUNTY SEAT. In every county there shall be a
county seat at which shall be located the principal offices and
permanent records of all county officers. The county seat may
not be moved except as provided by general law. Branch offices
for the conduct of county business may be established else-
where in the county by resolution of the governing body of the
county in the manner prescribed by law. No instrument shall
be deemed recorded in the county until filed at the county seat
according to law.
Section 2. MUNICIPALITIES.-

S

(a) ESTABLISHMENT. Municipalities may be established
or abolished and their charters amended pursuant to general
or special law. When any municipality is abolished, provision
shall be made for the protection of its creditors.
(b) POWERS. Municipalities shall have governmental,
corporate and proprietary powers to enable them to conduct

E OF REPRESENTATIVES June 25, 1968

municipal government, perform municipal functions and render
municipal services, and may exercise any power for municipal
purposes except as otherwise provided by law. Each municipal
legislative body shall be elective.
(c) ANNEXATION. Municipal annexation of unincorpo-
rated territory, merger of municipalities, and exercise of extra-
territorial powers by municipalities shall be as provided by
general or special law.
Section 3. CONSOLIDATION.-The government of a county
and the government of one or more municipalities located there-
in may be consolidated into a single government which may
exercise any and all powers of the county and the several
municipalities. By special law a consolidation plan may be
proposed which shall become effective only if approved by vote
of the electors of the county, or of the county and municipali-
ties affected as may be provided in the plan. Consolidation shall
not extend the territorial scope of taxation for the payment
of pre-existing debt except to areas whose residents receive a
benefit from the facility or service for which the indebtedness
was incurred.
Section 4. TRANSFER OF POWERS.-By law or by reso-
lution of the governing bodies of each of the governments
affected, any functions or powers of a municipality or a special
district may be transferred to the county in which the munic-
ipality or special district is located or to any other municipality
or special district in the county, after approval by vote of the
electors of the transferor and approval of the governing body
of the transferee.
Section 5. LOCAL OPTION.-Local option on the legality
or prohibition of the sale of intoxicating liquors, wines or beers
shall be preserved to each
The status of a county with respect thereto shall be changed
only by vote of the electors in a special election called upon
the petition of twenty-five per cent of the electors of the county,
and not sooner than two years after an earlier election on the
same question. Where legal, the 'sale of intoxicating liquors,
wines and beers shall be regulated by law.
Section 6. SCHEDULE.-
(a) This article shall replace all of Article VIII of the
Constitution of 1885, as amended, except those sections ex-
pressly retained and made a part of this article by reference.
(b) COUNTIES COUNTY SEATS MUNICIPALI-
TIES- DISTRICTS. The status of the following items as
they exist on the date this article becomes effective is recog-
nized and shall be continued until changed in accordance with
law: the counties of the state; their status with respect to the
legality of the sale of intoxicating liquors, wines and beers;
the method of selection of county officers; the performance of
municipal functions by county officers; the county seats; and
the municipalities and special districts of the state, their pow-
ers, jurisdiction and government.
(c) OFFICERS TO CONTINUE IN OFFICE. Every per-
son holding office when this article becomes effective shall con-
tinue in office for the remainder of the term if that office is not
abolished. If the office is abolished the incumbent shall be paid
adequate compensation, to be fixed by law, for the loss of
emoluments for the remainder of the term.
(d) ORDINANCES. Local laws relating only to unincor-
porated areas of a county on the effective date of this article
may be amended or repealed by county ordinance.
(e) CONSOLIDATION AND HOME RULE. Article VIII,
Sections 9, 10, 11 and 24, of the Constitution of 1885, as
amended, shall remain in full force and effect as to each county
affected, as if this article had not been adopted, until that
county shall expressly adopt a charter or home rule plan pur-
suant to this article. All provisions of the Metropolitan Dade
County Home Rule Charter, heretofore or hereafter adopted by
the electors of Dade County pursuant to Article VIII, Section
11, of the Constitution of 1885, as amended, shall be valid, and
any amendments to such charter shall be valid, provided that
the said provisions of such charter and the said amendments
thereto are authorized under said Article VIII, Section 11, of

the Constitution of 1885, as amended.
(f) DADE COUNTY POWERS CONFERRED UPON
MUNICIPALITIES. To the extent not inconsistent with the
powers of existing municipalities or general law the Metro-
politan Government of Dade County may exercise all the pow-

JOURNAL OF THE HOUSE OF REPRESENTATIVES

ers conferred now or hereafter by general laws upon munic-
ipalities.
(g) DELETION OF OBSOLETE SCHEDULE ITEMS.
The legislature shall have power, by joint resolution, to delete
from this article any subsection of this Section 6, including this
subsection, when all events to which the subsection to be de-
leted is or could become applicable have occurred. A legisla-
tive determination of fact made as a basis for application of
this subsection shall be subject to judicial review.
Mr. Middlemas moved the adoption of the amendment.
Mr. Dubbin moved that the amendment be laid on the table.
The absence of a quorum was suggested. A quorum of 94
was present.

The question recurred on Mr. Dubbin's
agreed to. The vote was:
Yeas-74

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Blalock
Brantley
Briggs
Campbell
Clark
Conway
D'Alemberte
Davis
De Young
Dubbin
Ducker
Eddy
Featherstone
Nays-20
Bevis
Bird
Caldwell
Chappell
Craig

Firestone
Fleece
Fortune, E. M.
Gallen
Gibson
Gillespie
Gissendanner
Graham
Grange
Gustafson
Hartnett
Hector
Hodes
Holloway
Humphrey
James
Kennelly
King
Land

Danahy
Elmore
Gautier
Harris
Lewis

Lindsey
Matthews
Mattox
McDonald
Miers
Mixson
Murphy
Myers
Nergard
Osborne
Papy
Pettigrew
Pfeiffer
Poorbaugh
Pratt
Randell
Redman
Reed
Reedy

motion which was

Robinson
Rowell
Rust
Sackett
Savage
Sessums
Singleton
Smith
Spicola
Sweeny
Tillman
Walker
Wells
Whitson
Wolfson
Yancey
Yarborough

Martinez, J. M. Prominski
McNulty Rude
Middlemas Scarborough
Nichols Stevens
Powell Tyre

Mr. Scarborough moved that the House now reconsider the
vote by which the following amendment by Mr. Blalock failed
of adoption:
In Article IV, Section 4, on page 25, lines 15 and 16, strike
the words "and in party primaries, if held"
The motion to reconsider was not agreed to. The vote was:
Yeas-46

Alvarez
Andrews
Arnold
Bevis
Blalock
Brantley
Campbell
Chappell
Clark
Craig
Elmore
Featherstone

Fortune, E. M.
Gallen
Gautier
Gissendanner
Graham
Grange
Harris
Hartnett
Kennelly
King
Lewis
Mattox

McDonald
Middlemas
Miers
Mixson
Nergard
Nichols
Papy
Pratt
Randell
Redman
Rowell
Rust

Savage
Scarborough
Shaw
Spicola
Sweeny
Tillman
Tyre
Wells
Whitson
Yancey

Nays-49
Mr. Speaker
Baker
Bassett
Beck
Bird
Briggs
Caldwell
Conway
D'Alemberte
Danahy
Davis
De Young
Dubbin

Ducker
Eddy
Firestone
Fleece
Gibson
Gustafson
Hector
Hodes
Holloway
Humphrey
James
Land
Lindsey

Martinez, J. M. Rude
Matthews Sackett
McNulty Schultz
Murphy Sessums
Myers Singleton
Osborne Smith
Pettigrew Stevens
Pfeiffer Walker
Powell Wolfson
Prominski Yarborough
Reed
Reedy
Robinson

Representative Pratt offered the following amendment:
In Article IX, Section 4, page 36, line 21, strike "by law" and
insert the following: by a majority vote of the electors in each
of the school districts to be combined
Mr. Pratt moved the adoption of the amendment which was
adopted. The vote was:
Yeas-50

Alvarez
Andrews
Arnold
Beck
Bevis
Blalock
Brantley
Briggs
Brower
Campbell
Chappell
Clark
Conway
Nays-45
Mr. Speaker
Baker
Bassett
Bird
Caldwell
Danahy
De Young
Dubbin
Ducker
Featherstone
Firestone
Fleece

Craig
Crider
D'Alemberte
Davis
Elmore
Fortune, E. M.
Gallen
Grange
Kennelly
Land
Lindsey
Mattox
McDonald

Fortune, J.
Gautier
Gibson
Gissendanner
Graham
Gustafson
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey

McNulty
Miers
Mixson
Nergard
Nichols
Papy
Pratt
Randell
Reedy
Rowell
Rust
Ryals
Sackett

James
King
Lewis
Matthews
Middlemas
Murphy
Osborne
Pettigrew
Poorbaugh
Powell
Prominski
Redman

Savage
Scarborough
Schultz
Shaw
Smith
Stevens
Tillman
Tyre
Walker
Williams
Yancey

Reed
Robinson
Rude
Sessums
Singleton
Spicola
Whitson
Wolfson
Yarborough

Representative Smith offered the following amendment:
In Article IX, Section 5, on page 37, line 6, after "board"
insert the following: or by special law
Mr. Smith moved the adoption of the amendment which
failed of adoption.
Mr. Dubbin moved that the House reconsider the vote by
which the amendment failed of adoption and left the motion
pending.

Adjournment
On motion by Mr. Rowell, the House adjourned at 5:55 P.M.
to reconvene at 10:00 A.M. tomorrow.

15

June 25, 1968

THE JOURNAL OF THE FLORIDA

House of Representatives

PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]
SPECIAL SESSION

WEDNESDAY, JUNE 26, 1968

The House was called to order by the Speaker at 10:00 A.M.
The following Members were recorded present:

Mr. Speaker Elmore
Alvarez Featherstone
Andrews Firestone
Arnold Fleece
Baker Fortune, E. M.
Bassett Fortune, J.
Beck Gallen
Bevis Gautier
Bird Gibson
Blalock Gillespie
Brantley Gissendanner
Briggs Gorman
Brower Graham
Caldwell Grange
Campbell Grizzle
Chappell Gustafson
Clark Harris
Conway Hartnett
Craig Hector
Crider Hodes
Culbreath Holloway
D'Alemberte Humphrey
Danahy Inman
Davis James
De Young Kennelly
Dubbin King
Ducker Land
Eddy Lewis
Excused: Representatives Ci
Reeves, Register and Stallings.
A quorum was present.

Prayer

Lindsey Rust
Martinez, J. M. Ryals
Matthews Sackett
Mattox Savage
McDonald Scarborough
McNulty Schultz
Middlemas Sessums
Miers Shadley
Mixson Shaw
Murphy Singleton
Myers Smith
Nergard Spicola
Nichols Stafford
Osborne Stevens
Papy Sweeny
Pettigrew Tillman
Pfeiffer Tucker
Poorbaugh Tyre
Powell Walker
Pratt Wells
Prominski Whitson
Randell Williams
Redman Wolfson
Reed Yancey
Reedy Yarborough
Robinson
Rowell
Rude
rabtree, E. L. Martinez, McKinley,

Prayer by the Honorable Leon N. McDonald, Sr.:
Eternal God, our Father, as we come to Thy throne of
grace this morning, we do, 0 God, with humble hearts of
thanksgiving for the privilege of coming to Thee in prayer
at the beginning of this beautiful and glorious day. Our
Father, as we begin our work this morning, may the spirit
from on high be with us and guide us in our deliberations
and in our every action. May, 0 God, what we do be pleas-
ing and acceptable to Thee and be right for the ones whom
we are working for. Bless Father, the people of this great
State. Guide us this day and we will be careful to give
Thee the praise. For we ask it all in Thy name. Amen.

The Journal
The Journal of June 25 was ordered corrected and approved
as follows: On page 5, column 1, line 8 from top, strike "etc."
and insert: "providing an effective date." and in column 2, line
11 from top, after "section" strike "79.08" and insert "790.08",
and in line 23 from bottom, after "state" insert "shall". On
page 9, column 1, line 16 from bottom, after "and such" insert
"other". On page 11, column 1, line 19 from top, after "general"
insert "law", and in the Nay votes at the bottom of column 2,
after "Matthews" insert "Mattox". On page 14, column 2, line
19 from bottom, strike executive and insert "effective".

Announcement
The Speaker announced the appointment of the following
standing committee for this Special Session:

APPROPRIATIONS
Henry W. Land, Chairman; Terrell Sessums, Vice-Chairman;
William C. Andrews, William R. Conway, Granville H. Crab-
tree, Jr., John Crider, Robert C. De Young, Murray H. Dubbin,
James R. Eddy, Tom Gallen, Robert Graham, Mary R. Grizzle,
Leon N. McDonald, Sr., Miley Miers, Wayne Mixson, Richard
A. Pettigrew, W. H. Reedy, John J. Savage, Fred Schultz, Ken
Smith, Louis Wolfson, II and Jess Yarborough.
Co-introducers
Representative King was given permission to be recorded as
a co-introducer of HJR 1-2X.
Representative Culbreath was given permission to be recorded
as a co-introducer of HB's 15-2X, 16-2X, 17-2X, and 18-2X.

INTRODUCTION AND REFERENCE
By Representatives Craig, Beck, and Reedy-
HB 24-2X-A bill to be entitled An act authorizing the Board
of Trustees for the Florida School for the Deaf and the Blind
to employ teaching personnel and child care counselors for
twelve months beginning July 1, 1968, providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.
By Representatives Craig, Beck, and Reedy-
HB 25-2X-A bill to be entitled An act relating to the Flor-
ida School for the Deaf and the Blind; appropriating funds
from the general revenue fund to the Board of Trustees and
for its use and benefit; creating new positions; authorizing the
Board of Trustees to establish salary scales for educational
personnel; exempting same from State Personnel Board regu-
lation; providing an effective date.
-was read the first time by title and referred to the Commit-
tee on Appropriations.
By Representative Wolfson-
HB 26-2X-A bill to be entitled An act creating a contingency
fund from the existing legislative appropriation to assist in
financing the cost of hosting the National Legislative Confer-
ence in August, 1968; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.
By Representatives Murphy, Matthews, Gissendanner, Fleece,
Savage, Mattox, Reed, Ryals, Spicola, Stevens, Culbreath, and
Tillman-
HB 27-2X-A bill to be entitled An act relating to the Florida
Probation and Parole Commission; appropriating funds for em-
ployment of additional employees and for implementation of
new professional salary scale; providing a minimum entrance
salary; providing an effective date.

16

June 26, 1968 JOURNAL OF THE HOUSE OF REPRESENTATIVES 17

-was placed temporarily in the Committee on Rules & Cal- In Article IX, Section 5, on page 37, line 10, after "resolu-
endar. tion" insert "or special law"
By Representative Stallings- Mr. Smith moved the adoption of the amendment which was
adopted.
HJR 28-2X-A joint resolution proposing an amendment to
Section 1 of Article IX of the State Constitution, relating to Representative Humphrey offered the following amendment:
uniform and equal rates for property taxation.
In Article IX, Section 4(b), on page 36, line 29, strike the
-was read the first time in full and referred to the Commit- period and insert the following: within the limits as otherwise
tee on Constitutional Revision. provided in this constitution.
By Representative Stallings- Mr. Humphrey moved the adoption of the amendment which
was adopted.
HJR 29-2X-A joint resolution proposing an amendment of
Section 2 of Article IX of the Constitution of the State of Representative Kennelly offered the following amendment:
Florida, relating to taxation and finance.
In Article IX, Section 4, on page 36, line 29, strike the period
-was read the first time in full and referred to the Com- and insert unless otherwise provided by law."
mittee on Constitutional Revision.
Mr. Kennelly moved the adoption of the amendment which
By Representatives Gallen and Pratt- failed of adoption.
HB 30-2X-A bill to be entitled An act amending section 11 Representatives Stallings and Kennelly offered the following
of Chapter 65-1607, Special Acts of Florida, Acts of 1965, as amendment:
amended by Chapter 67-1438, Special Acts of Florida, Acts of
1967, providing for an increase of the maximum interest rate In Article IX, Section 4, page 36, line 30, after the period
to six percent (6%) per annum; providing for the certificates add a new sentence to read: No millage for school district taxes
to mature not exceeding forty (40) years from date of issuance shall exceed one per cent upon the assessed value of real estate
as may be determined by the Hospital District Board of Hardee and tangible personal property.
County; and providing for a referendum. Mr. Kennelly moved the adoption of the amendment which
Evidence of notice and publication was failed of adoption.
established by the House as to HB 30-2X. Representative Pratt offered the following amendment:
-was placed temporarily in the Committee on Rules & Cal- In Article X, Section 4, page 39, line 25, strike subparagraph
endar. (2)

Mr. Pratt moved the adoption of the amendment which failed
of adoption.
Report of the Committee on Rules & Calendar
Representative King offered the following amendment:
June 25, 1968
The Honorable Ralph D. Turlington In Article X, Section 4 (a) (1), on page 39, line 24, strike
Speaker, House of Representatives "the residence of the owner or his family" and insert the
following: such land and the residence of the owner or his
Sir: family on it
Your Committee on Rules & Calendar herewith submits, as Mr. King moved the adoption of the amendment which failed
the Special Order Calendar under Rule 8.16 for Wednesday, of adoption.
June 26, 1968, the consideration of the following bills together
with their companion measures: Representative King offered the following amendment:
HJR 1-2X HJR 4-2X In Article X, Section 4, on page 40, line 1, strike sale or
HJR 2-2X HJR 5-2X gift" and insert the following: or sale
HJR 3-2X
Mr. King moved the adoption of the amendment which failed
A quorum of the Committee was present in person, and a of adoption.
majority of those present agreed to the above Report. Representative Pratt offered the following amendment:
Representative Pratt offered the following amendment:
Respectfully submitted,
E. C. ROWELL In Article X, Section 5, page 40, line 9, after "personal"
Chairman, Committee on strike remainder of sentence and insert a period.
Rules & Calendar
Mr. Pratt moved the adoption of the amendment which failed
On motion by Mr. Rowell, the above report was adopted. of adoption.
Representative Whitson offered the following amendment:
CONSIDERATION OF THE SPECIAL ORDER In Article X, Section 6(d), on page 41, line 3, strike entire
A f subsection (d) and insert the following: (d) Provision may be
HJR 1-2X-A joint resolution proposing a revision of portions made by law for the taking, by like proceedings, for the drainage
of the Constitution of the State of Florida, excepting therefrom of the land of one person over or through the land of another.
revision of Articles V, VI, and VIII.
Mr. Whitson moved the adoption of the amendment which
-was taken up, having been read the second time on June 25on moved the adoption of the amendment which
and now pending on motion by Mr. Dubbin to reconsider the
vote by which an amendment offered by Mr. Smith failed of Representatives Randell and Arnold offered the following
adoption, which amendment reads as follows: amendment:
In Article IX, Section 5, on page 37, line 6, after "board" In Article X, Section 6, on page 40, line 13, strike all of sec-
insert the following: or by special law tions (a), (b), and (c), and insert "(a) No private property
shall be taken except for a public purpose and with just com-
The question recurred on the motion to reconsider which was sensation therefore paid to each owner or secured by deposit in
agreed to. the registry of the court and available to the owner." and (d)
The question then recurred on the adoption of the amendment shall be renumbered as (b).
which was adopted.
Mr. Randell moved the adoption of the amendment which
Representative Smith offered the following amendment: failed of adoption. The vote was:

18 JOURNAL OF THE HOUSE OF REPRESENTATIVES June 26, 1968

Yeas-43 Elmore Holloway Osborne Schultz
Featherstone Humphrey Papy Sessums
Mr. Speaker De Young Matthews Reedy Firestone Inman Pettigrew Shadley
Arnold Ducker Mattox Rowell Fleece James Pfeiffer Shaw
Beck Firestone McDonald Schultz Fortune, E. M. Kennelly Poorbaugh Singleton
Bevis Fortune, E. M. Middlemas Shadley Fortune, J. King Powell Smith
Brantley Gibson Miers Smith Gallen Land Pratt Spicola
Briggs Gissendanner Myers Stevens Gautier Lewis Prominski Stafford
Conway Gorman Nergard Tillman Gibson Lindsey Randell Stevens
Craig Graham Papy Tucker Gillespie Matthews Redman Sweeny
Culbreath Hartnett Pettigrew Walker Gissendanner Mattox Reed Tillman
D'Alemberte Hector Pfeiffer Yarborough Gorman McDonald Reedy Tucker
Davis Humphrey Randell Graham McNulty Robinson Tyre
Nays-55 Grange Middlemas Rowell Walker
Grizzle Miers Rude Wells
Alvarez Fleece Murphy Scarborough Gustafson Mixson Rust Whitson
Andrews Grange Nichols Sessums Harris Murphy Ryals Williams
Baker Grizzle Osborne Shaw Hartnett Myers Sackett Wolfson
Bassett Gustafson Poorbaugh Singleton Hector Nergard Savage Yancey
Bird Harris Powell Spicola Hodes Nichols Scarborough Yarborough
Blalock Hodes Pratt Stafford
Brower Holloway Prominski Sweeny A quorum was present.
Campbell Inman Redman Tyre
Chappell James Reed Wells
Clark Kennelly Rude Whitson
Crider King Rust Williams CONTINUATION OF THE SPECIAL ORDER
Danahy Land Ryals Wolfson HJR 1-2X-A joint resolution proposing a revision of portions
Eddy Lewis Sackett Yancey of the Constitution of the State of Florida, excepting therefrom
Featherstone Lindsey Savage revision of Articles V, VI, and VIII.
Representative Pratt offered the following amendment: -was taken up, on second reading.
In Article X, page 41, line 7, strike Section 7 and renumber Representative Pratt offered the following amendment:
remaining sections.
r. It m d te a n of te a which failed In Article X, Section 11, page 42, line 6, insert the following:
Mr. Pratt moved the adoption of the amendment which failed The upland owner shall own the riparian rights to the channel
of adoption. of any navigable stream, river or body of water. The upland
Representative Nichols offered the following amendment: owner in the event of alienation by the state will have a vested
right to make the first offer of purchase.
In Article X, Section 7, on page 41, strike Section 7 and in-
sert the following: Mr. Pratt moved the adoption of the amendment which failed
sert the following: of adoption.
of adoption.
Section 7. Lotteries and Gambling.-Lotteries and Gambling,
other than the types of pari-mutuel pools authorized by law as Representative Tucker offered the following amendment:
of the effective date of this Constitution, are hereby prohibited In Article X, Section 12, on page 42, line 26, strike "special
in this state. or local law" and insert the following: a law that does not apply
Mr. Nichols moved the adoption of the amendment which in equal force to all counties in the state.
failed of adoption. Mr. Tucker moved the adoption of the amendment which
Representatives Fleece and Rust offered the following amend- failed of adoption.
ment: Representatives Rust and Pfeiffer offered the following amend-
In Article X, Section 10, page 41, line 24, strike all of Section ment:
10 and insert the following: In Article X, Section 12, on page 42, line 21, strike "voting
Section 10. FELONY-DEFINITION.-The term "felony" on the matter" and insert the following: elected and serving
as used herein and in the laws of this state shall mean any Mr. Rust moved the adoption of the amendment which failed
criminal offense punishable in this state or that would be pun- of adoption. The vote was:
ishable if committed in this state by death or imprisonment
exceeding one year. Such imprisonment shall be in the state Yeas-32
penitentiary unless otherwise provided by law. Bassett Gallen Mattox Robinson
Mr. Fleece moved the adoption of the amendment which was Bird Grizzle Miers Rust
adopted. Caldwell Humphrey Osborne Sackett
Campbell Inman Pfeiffer Shaw
De Young James Poorbaugh Stafford
Fleece Kennelly Powell Tucker
Adjournment Fortune, E. M. King Pratt Tyre
On motion by Mr. Rowell, the House adjourned at 11:55 A.M. Fortune, J. Lindsey Reed Whitson
to reconvene at 1:00 P.M. today. Nays-58
Mr. Speaker Davis Land Scarborough
Alvarez Dubbin Lewis Schultz
AFTERNOON SESSION Andrews Ducker Matthews Sessums
"Arnold Featherstone McDonald Shadley
The House was called to order by the Speaker at 1:00 P.M. Baker Firestone Middlemas Singleton
Bevis Gautier Nergard Smith
The following Members were recorded present: Blalock Gibson Pettigrew Stevens
Brantley Gissendanner Prominski Sweeny
Mr. Speaker Bevis Campbell D'Alemberte Briggs Gorman Randell Walker
Alvarez Bird Chappell Danahy Clark Graham Redman Wells
Andrews Blalock Clark Davis Conway Grange Reedy Wolfson
Arnold Brantley Conway De Young Craig Harris Rowell Yancey
Baker Briggs Craig Dubbin Crider Hector Rude Yarborough
Bassett Brower Crider Ducker Culbreath Hodes Ryals
Beck Caldwell Culbreath Eddy D'Alemberte Holloway' Savage

June 26, 1968 JOURNAL OF THE HOUSE OF REPRESENTATIVES 19

Representative Spicola was recorded as voting Nay. Powell Rude Shaw Wells
Prominski Rust Smith Williams
Representatives Randell and Walker offered the following Randell Sackett Spicola Wolfson
amendment: Reed Scarborough Stevens Yarborough
In Article X, on page 42, line 29, strike all of Section 13, and Reedy Schultz Tyre
insert the following: Representative Reed changed his vote from Nay to Yea.
Section 13. SOVEREIGN IMMUNITY.-Provision may be Representatives Hodes and Conway offered the following
made by general law for bringing suits against the state as to amendment:
all liabilities now existing or hereafter originating.
Mr. Randl m d te a n o t a nd nt In Article XII, on page 48, line 8, add a new Section 2 and
Mr. Randell moved the adoption of the amendment, renumber the following sections:
The absence of a quorum was suggested. A quorum of 93 Section 2. PROPERTY TAXES-MILLAGES.-Notwith-
Members was present. standing provisions herein to the contrary the status of the
The question recurred on the amendment by Mr. Randell millage authorized upon assessed value of property in munici-
which was adopted. The vote was: palities, counties and special districts of the state, as they
exist on the date this constitution becomes effective, is recog-
Yeas-51 nized and may be continued until reduced by law.
Andrews Fortune, E. M. Lindsey Rowell Dr. Hodes moved the adoption of the amendment which was
Arnold Fortune, J. McDonald Rude adopted.
Bassett Gibson MNulty Rust The Committee on Constitutional Revision offered the follow-
Beck Gorman Miers Shadley ing amendment:
Bevis Grizzle Myers Shaw
Bird Gustafson Poorbaugh Smith In Article XII, Section 9, Subsection (e), on page 55, line 2,
Campbell Hartnett Pratt Stafford strike "Section 10" and insert "Section 9"
Clark Hector Prominski Sweeny
Conway Humphrey Randell Tucker Mr. Schultz moved the adoption of the amendment which was
Davis Inman Redman Tyre adopted.
De Young James Reed Walker
Ducker Kennelly Reedy Yarborough Representatives James, De Young, Humphrey, Poorbaugh,
Elmore King Robinson Reed and Rust offered the following amendment:
Nays-45 In Article XII, Section 9(c), on page 54, line 9, add new para-
graph (6) as follows: (6) One of the factors to be considered by
Mr. Speaker Featherstone Middlemas Scarborough the agencies allocating funds to acquire, construct and improve
Alvarez Firestone Murphy Schultz roads shall be the number of fatalities and accidents upon the
Baker Fleece Nergard Sessums roads of their respective districts.
Blalock Gautier Nichols Singleton Mr. James moved the adoption of the amendment which
Brantley Gissendanner Osborne Stevens failed of adoption.
Caldwell Graham Papy Wells
Chappell Harris Pettigrew Williams Representative Graham offered the following amendment:
Crider Hodes Pfeiffer Wolfson
Culbreath Holloway Powell Yancey In Article XII, Section 9(a), on page 50, line 17, strike all of
D'Alemberte Land Ryals subsection (a) and insert the following: (a) No additional rev-
Dubbin Lewis Sackett enue bonds shall be issued pursuant to Article IX, Section 17,
Eddy Mattox Savage of the Constitution of 1885, as amended, or after June 30, 1969,
pursuant to Article XII, Section 19, of the Constitution of 1885,
Representative Spicola was recorded as voting Nay and as amended. The provisions for interest rates contained in sub-
Representative Chappell changed his vote from Nay to Yea. section (d) of this section shall apply to such bonds as may be
issued under this subsection (a)
Representative Redman offered the following amendment:
In Article X, Section 4, subparagraph 1, on page 39, line 24, Mr. Gram moved the adoption of the amendment which
after the semi-colon insert the following: provided, however, was adopted.
contiguous land acquired subsequent to a judgment, decree or Representative Gissendanner offered the following amend-
execution shall not be included in the homestead for the pur- ment:
"poses of this section.
Mr. Redman moved the adoption of the amendment which In Article XII, on page 52, lines 10-14, strike "of one-fourth
failed of adoption. The vote was: in the ratio of county area to state area, one-fourth in the
ratio of the total county population to the total population of
Yeas-38 the state in accordance with the latest available federal census,
and one-half"
Bassett Gorman Mixson Sessums
Bevis Grizzle Murphy Shadley Dr. Gissendanner moved the adoption of the amendment
Clark Hector Nergard Singleton which failed of adoption.
Conway Humphrey Papy Stafford
Ducker Inman Pfeiffer Sweeny Representative Pratt offered the following amendment:
Featherstone Kennelly Poorbaugh Tucker
Fleece Lindsey Redman Whitson In Article XII, Section 9, page 51, line 1, strike all of sub-
Fortune, J. Mattox Robinson Yancey section (c) and insert the following: Article IX, Section 16, of
Gibson McDonald Rowell the Constitution of 1885, as amended, is adopted by this refer-
Gillespie Miers Savage ence as a part of this Constitution as completely as though
incorporated therein verbatim.
Nays-55
Mr. Speaker Crider Fortune, E. M. King Mr. Pratt moved the adoption of the amendment which failed
Baker Culbreath Gautier Land of adoption.
Beck D'Alemberte Gissendanner Lewls Representative Pratt offered the following amendment:
Bird Davis Graham McNulty
Blalock De Young Gustafson Middlemas In Article XII, Section 9 (d), page 54, line 20, strike from
Brantley Dubbin Harris Myers "Bonds" to "election" on line 25.
Caldwell Eddy Hartnett Nichols
Campbell Elmore Hodes Osborne Mr. Pratt moved the adoption of the amendment which failed
Craig Firestone James Pettigrew of adoption. The vote was:

20 JOURNAL OF THE HOUSE OF REPRESENTATIVES June 26, 1968

Yeas-44 Section 16. URBAN RENEWAL.-Any urban renewal pro-
posal for any particular county or municipality must have ap-
Alvarez Elmore McDonald Rude proval of the elector in the county or municipality affected
Bassett Fortune, E. M. McNulty Sackett proval of the elector in the county or municipality af
Bassett Fortune, E.M. McNulty Sackett prior to execution of the initial contract.
Beck Gibson Miers Scarborough
Bevis Gillespie Mixson Shadley Mr. Pratt moved the adoption of the amendment which failed
Blalock Gorman Nergard Shaw of adoption.
Campbell Grizzle Nichols Singleton
Conpay Inman Pratt Smith Representative Sweeny offered the following amendment:
Craig Kennelly Randell Sweeny In Article IX, Section 5, on page 37, line 9, following the
Culbreath King Reedy Tucker words "school board" strike the period and insert the follow-
D'Alemberte Lindsey Robinson Tyre ing: ; as provided by general law.
Ducker Mattox Rowell Walker
Mr. Sweeny moved the adoption of the amendment which was
Nays-48 adopted.
Mr. Speaker Eddy Humphrey Reed Mr. Gustafson moved that the House now reconsider the vote
Andrews Featherstone James Rust by which an amendment to Article VII, Section 5, offered by
Arnold Fleece Land Savage Mr. King failed of adoption yesterday, which was agreed to.
Baker Gautier Lewis Schultz
Bird Graham Middlemas Sessums The question recurred on the adoption of the amendment,
Brantley Grange Murphy Stafford which reads as follows:
Clark Gustafson Osborne Stevens
Crider Harris Pettigrew Wells In Article VII, Section 5(c), page 31, line 26, strike all of
Danahy Hartnett Pfeiffer Williams subsection (c) and insert the following: (c) The legislature may
Davis Hector Poorbaugh Wolfson provide for an increased homestead exemption up to ten thou-
De Young Hodes Powell Yancey sand dollars of assessed value for owners who are over the age
Dubbin Holloway Prominski Yarborough of sixty-five, or who are totally disabled as defined by law, or
who otherwise are in a special class deserving of such relief as
Representative Myers was recorded as voting Nay. may be provided by law.
Representative Myers offered the following amendment: Pending consideration thereof-
In Article XII, Section 9, on page 54, lines 15-19, strike the Representative Caldwell offered the following substitute
sentence beginning "Bonds or tax anticipation certificates ." amendment:
and insert the following: The legislature may impose restrictions
on the bonds and tax anticipation certificates issued hereafter, In Article VII, Section 5(c), on page 31, line 26, strike entire
including the fixing of maximum interest rates and discounts, subsection and insert the following: (c) By law passed by a
three-fifths vote of the membership of each house of the legis-
Mr. Myers moved the adoption of the amendment which was lature and subject to conditions specified therein, the exemption
adopted. The vote was: may be increased to an amount not exceeding ten thousand
Yea 5 dollars of the assessed value of the real estate if the owner has
Yeias-55 attained age sixty-five.
Alvarez Featherstone Hodes Robinson Mr. Caldwell moved the adoption of the substitute amend-
Andrews Firestone Holloway Rude ment.
Arnold Fleece Lewis Sackett
Baker Fortune, E. M. Matthews Shadley Representative Reed offered the following amendment to the
Bevis Fortune, J. Mattox Shaw substitute amendment:
Bird Gautier Middlemas Singleton S e "s ve o t m a
Briggs Gillespie Murphy Smith Strike "three-fifths vote of the membership" and insert the
Caldwell Gissendanner Myers Spicola following: majority
Clark Graham Nergard Tyre Mr. Reed moved, the adoption of the amendment to the sub-
Conway Grizzle Papy Wells stitute amendment which was adopted.
Craig Gustafson Pettigrew Whitson
Culbreath Harris Pfeiffer Wolfson Representative Hodes offered the following amendment to the
Danahy Hartnett Powell Yarborough substitute amendment:
Davis Hector Prominski
Strike the period after "sixty-five" and insert the following:
Nays-43 or is totally and permanently disabled.
Mr. Speaker Eddy Miers Scarborough
Blalock Gibson Mixson Schultz Dr. Hodes moved the adoption of the amendment to the sub-
Brantley Gorman Nichols Sessums stitute amendment which was adopted.
Brower Grange Osborne Stafford
Campbell Humphrey Prattne Stevens The question recurred on the adoption of the substitute amend-
Chappell James Randell Sweeny ment, as amended, which was adopted.
Crider Kennelly Redman Tucker On motion by Mr. Dubbin, the rules were waived and HJR
DAlembertee Young Lndsey Ruseed Williams 1-2X, as amended, was read the third time in full, as follows:
De Young Lindsey Rust Williams
Dubbin McDonald Ryals Yancey HJR 1-2X-A joint resolution proposing a revision of por-
Ducker McNulty Savage tions of the Constitution of the State of Florida, excepting
therefrom revision of Articles V, VI, and VIII.
Representative Elmore was recorded as voting Nay.
Be It Resolved by the Legislature of the State of Florida:
Representative Shaw offered the following amendment: That the following proposed revision of portions of the Con-
stitution of the State of Florida, excepting therefrom revision
In Article XII, Section 9, on page 53, line 4, strike the period of Articles V, VI, and VIII is hereby agreed to and shall be
and insert the following: unless otherwise provided by general submitted to the electors of the state for ratification or rejection
law. at the next general election to be held in November 1968:
Mr. Shaw moved the adoption of the amendment which was
adopted. PREAMBLE
Representative Pratt offered the following amendment: We, the people of the State of Florida, being grateful to
Almighty God for our constitutional liberty, in order to
In Article XII, page 56, line 11, add a new section as follows: secure its benefits, perfect our government, insure domestic

June 26, 1968 JOURNAL OF THE HOUSE OF REPRESENTATIVES 21

tranquility, maintain public order, and guarantee equal civil nance shall be entitled to release on reasonable bail with suffi-
and political rights to all, do ordain and establish this cient surety unless charged with a capital offense or an offense
constitution. punishable by life imprisonment and the proof of guilt is evi-
ARTICLE I dent or the presumption is great.
ARTICLE I
Section 15. PROSECUTION FOR CRIME-OFFENSES
DECLARATION OF RIGHTS COMMITTED BY CHILDREN.-
Section 1. POLITICAL POWER.-All political power is (a) No person shall be tried for capital crime without pre-
inherent in the people. The enunciation herein of certain rights sentiment or indictment by a grand jury, or for other felony
shall not be construed to deny or impair others retained by the without such presentment or indictment or an information under
people. oath filed by the prosecuting officer of the court, except persons
Section 2. BASIC RIGHTS.-All natural persons are equal on active duty in the militia when tried by courts martial.
before the law and have inalienable rights, among which are (b) When authorized by law, a child as therein defined may
the right to enjoy and defend life and liberty, to pursue happi- be charged with a violation of law as an act of delinquency
ness, to be rewarded for industry, and to acquire, possess and instead of crime and tried without a jury or other require-
protect property; except that the ownership, inheritance, dispo- ments applicable to criminal cases. Any child so charged shall,
sition and possession of real property by aliens ineligible for upon demand made as provided by law before a trial in a
citizenship may be regulated or prohibited by law. No person juvenile proceeding, be tried in an appropriate court as an
shall be deprived of any right because of race or religion, adult. A child found delinquent shall be disciplined as provided
Section 3. RELIGIOUS FREEDOM.-There shall be no law by law.
respecting the establishment of religion or prohibiting or penal- Section 16. RIGHTS OF ACCUSED.-In all criminal prose-
izing the free exercise thereof. Religious freedom shall not jus- cautions the accused shall, upon demand, be informed of the
tify practices inconsistent with public morals, peace or safety. nature and cause of the accusation against him, and shall be
No revenue of the state or any political subdivision or agency furnished a copy of the charges, and shall have the right to
thereof shall ever be taken from the public treasury directly or have compulsory process for witnesses, to confront at trial
indirectly in aid of any church, sect, or religious denomination adverse witnesses, to be heard in person, by counsel or both,
or in aid of any sectarian institution, and to have a speedy and public trial by impartial jury in the
Section 4. FREEDOM OF SPEECH AND PRESS.-Every county where the crime was committed. If the county is not
person may speak, write and publish his sentiments on all sub- known, the indictment or information may charge venue in two
"jects but shall be responsible for the abuse of that right. No or more counties conjunctively and proof that the crime was
law shall be passed to restrain or abridge the liberty of speech committed in that area shall be sufficient; but before pleading
or of the press. In all criminal prosecutions and civil actions for te accused may elect in which of those counties he will be
defamation the truth may be given in evidence. If the matter tried. Venue for prosecution of crimes committed beyond the
charged as defamatory is true and was published with good boundaries of the state shall be fixed by law.
motives, the party shall be acquitted or exonerated. Section 17. EXCESSIVE PUNISHMENTS.-Excessive
Section 5. RIGHT TO ASSEMBLE.-The people shall have fines, cruel or unusual punishment, attainder, forfeiture of es-
the right peaceably to assemble, to instruct their representatives, tate, indefinite imprisonment, and unreasonable detention of
and to petition for redress of grievances, witnesses are forbidden.
Section 6. RIGHT TO WORK.-The right of persons to Section 18. ADMINISTRATIVE PENALTIES.-No admin-
work shall not be denied or abridged on account of membership istrative agency shall impose a sentence of imprisonment, nor
or non-membership in any labor union or labor organization. shall it impose any other penalty except as provided by law.
The right of private employees, by and through a labor organi- Section 19. COSTS.-No person charged with crime shall
zation, to bargain collectively shall not be denied or abridged. be compelled to pay costs before a judgment of conviction has
Public employees shall not have the right to strike, become final.
Section 7. MILITARY POWER.-The military power shall Section 20. TREASON.-Treason against the state shall
be subordinate to the civil. consist only in levying war against it, adhering to its enemies,
Section 8. RIGHT TO BEAR ARMS.-The right of the giving them aid and comfort or inciting the populace to riot
people to keep and bear arms in defense of themselves and of or forceful overthrow of the state government or any of its
the lawful authority of the state shall not be infringed, except political subdivisions, and no person shall be convicted of treason
that the manner of bearing arms may be regulated by law. except on the testimony of two witnesses to the same overt act
or on confession in open court.
Section 9. DUE PROCESS.-No person shall be deprived
of life, liberty or property without due process of law, or be Section 21. ACCESS TO COURTS.-The courts shall be
twice put in jeopardy for the same offense, or be compelled in open to every person for redress of any injury, and justice
any criminal matter to be a witness against himself. shall be administered without sale, denial or delay.
Section 10. PROHIBITED LAWS.-No bill of attainder, Section 22. TRIAL BY JURY.-The right of trial by jury
ex post facto law or law impairing the obligation of contracts shall be secure to all and remain inviolate. The qualifications
shall be passed. and the number of jurors, not fewer than six, shall be fixed
by law.
Section 11. IMPRISONMENT FOR DEBT.-No person
shall be imprisoned for debt, except in cases of fraud. ARTICLE II
Section 12. SEARCHES AND SEIZURES.-The right of GENERAL PROVISIONS
the people to be secure in their persons, houses, papers and
effects against unreasonable searches and seizures, and against Section 1. STATE BOUNDARIES.-
the unreasonable interception of private communications by (a) The state boundaries are: Begin at the mouth of the
any means, shall not violated. No warrant shall be issued P(ai The state budaries are: Begin atfor thpro ofe mouth ofn itse
except upon probable cause, supported by affidavit, particularly deido atierp whre lapues0o6 3this scripdloni
describing the place or places to be searched, the person or tude 87031'06" west intersect; thence to the point where latitude
persons, thing or things to be seized, and the nature of evidence td817'02" worth and longitude 87t1h west intersect; thence
to be obtained. Articles or information obtained in violation of to the point where latitude 3'00'8 north and longitude
this right shall not be admissible in evidence. 8727'08" west intersect; thence to the point where the center
Section 13. HABEAS CORPUS.-The writ of habeas corpus line of the Intracoastal Canal (as the same existed on June 12,
shall be grantable of right, freely and without cost. It shall be 1953) and longitude 87027'00" west intersect; the same being
returnable without delay, and shall never be suspended unless, in the middle of the Perdido River; thence up the middle of
in case of rebellion or invasion, suspension is essential to the the Perdido River to the point where it intersects the south
public safety. boundary of the State of Alabama, being also the point of inter-
section of the middle of the Perdido River with latitude
Section 14. BAIL.-Until adjudged guilty, every person 31000,00, north; thence east, along the south boundary line of
charged with a crime or violation of municipal or county ordi- the State of Alabama, the same being latitude 3100'00" north

22 JOURNAL OF THE HOUSE OF REPRESENTATIVES June 26, 1968

to the middle of the Chattahoochee River; thence down the during the emergency. In exercising these powers, the legisla-
middle of said river to its confluence with the Flint River; ture may depart from other requirements of this constitution,
thence in a straight line to the head of the St. Marys River; but only to the extent necessary to meet the emergency.
thence down the middle of said river to the Atlantic Ocean;
thence due east to the edge of the Gulf Stream or a distance ARTICLE III
of three geographic miles whichever is the greater distance; LEGISLATURE
thence in a southerly direction along the edge of the Gulf
Stream or along a line three geographic miles from the Atlantic Section 1. COMPOSITION.-The legislative power of the
coastline and three leagues distant from the Gulf of Mexico state shall be vested in a legislature of the State of Florida,
coastline, whichever is greater, to and through the Straits of consisting of a senate composed of one senator elected from
Florida and westerly, including the Florida reefs, to a point each senatorial district and a house of representatives composed
due south of and three leagues from the southernmost point of of one member elected from each representative district.
the Marquesas Keys; thence westerly along a straight line to
a point due south of and three leagues from Loggerhead Key, Section 2. MEMBERS-OFFICERS.-Each house shall be
the westernmost of the Dry Tortugas Islands; thence west- the sole judge of the qualifications, elections, and returns of
early, northerly and easterly along the arc of a curve three its members, and shall biennially choose its officers, including
leagues distant from Loggerhead Key to a point due north of a permanent presiding officer selected from its membership,
Loggerhead Key; thence northeast along a straight line to a who shall be designated in the senate as President of the Sen-
point three leagues from the coastline of Florida; thence ate, and in the house as Speaker of the House of Representa-
northerly and westerly three leagues distant from the coastline tives. The senate shall designate a Secretary to serve at its
to a point west of the mouth of the Perdido River three leagues pleasure, and the house of representatives shall designate a
from the coastline as measured on a line bearing south 001'00" Clerk to serve at its pleasure. The legislature shall appoint an
west from the point of beginning; thence northerly along said auditor to serve at its pleasure who shall audit public records
line to the point of beginning. The State of Florida shall also and perform related duties as prescribed by law or concurrent
include any additional territory within the United States ad- resolution.
jacent to the Peninsula of Florida lying south of the St. Marys
River, east of the Perdido River, and south of the States of Section 3. SESSIONS OF THE LEGISLATURE.-
Alabama and Georgia. (a) ORGANIZATION SESSIONS. On the fourteenth day
(b) The Legislature may extend the coastal boundaries to following each general election the legislature shall convene
such limits as the laws of the United States or international for the exclusive purpose of organization and selection of offi-
law may permit. cers.
Section 2. SEAT OF GOVERNMENT.-The seat of gov- (b) REGULAR SESSIONS. A regular session of the leg-
ernment shall be the City of Tallahassee, in Leon County, islature shall convene on the first Tuesday after the first
where the offices of the governor, lieutenant governor, cabinet Monday in April of each odd-numbered year, and on the first
members and the supreme court shall be maintained and the Tuesday after the first Monday in April, or such other date as
sessions of the legislature shall be held; provided that, in time may be fixed by law, of each even-numbered year.
of invasion or grave emergency, the governor by proclamation
may for the period of the emergency transfer the seat of gov- (c) SPECIAL SESSIONS.
eminent to another place.
(1) The governor, by proclamation stating the purpose,
Section 3. BRANCHES OF GOVERNMENT.-The powers may convene the legislature in special session during which
of the state government shall be divided into legislative, execu- only such legislative business may be transacted as is within
tive and judicial branches. No person belonging to one branch the purview of the proclamation, or of a communication from
shall exercise any powers appertaining to either of the other the governor, or is introduced by consent of two-thirds of the
branches unless expressly provided herein, membership of each house.
Section 4. STATE SEAL AND FLAG.-The design of the (2) A special session of the legislature may be convened
great seal and flag of the state shall be prescribed by law. as provided by law.
Section 5. PUBLIC OFFICERS (d) LENGTH OF SESSIONS. A regular session of the
(a) No person holding any office of emolument under any legislature shall not exceed sixty consecutive days and a special
foreign government, or civil office of emolument under the session shall not exceed twenty consecutive days. unless extended
United States or any other state, shall hold any office of honor beyond such limit by a three-fifths vote of each house. During
or of emolument under the government of this state. No person such an extension no new business may be taken up in either
shall hold at the same time more than one office under the gov- house without the consent of two-thirds of its membership.
ernment of the state and the counties and municipalities there-
in, except that a notary public or military officer may hold (e) ADJOURNMENT. Neither house shall adjourn for more
another office, and any officer may be a member of a consti- than seventy-two consecutive hours except pursuant to concur-
tution revision commission, constitutional convention, or statu- rent resolution.
tory body having only advisory powers.
(f) ADJOURNMENT BY GOVERNOR. If, during any
(b) Each state and county officer, before entering upon the regular or special session, the two houses cannot agree upon
duties of the office, shall give bond as required by law, and a time for adjournment, the geovernor may adiourn the session
shall swear or affirm: sine die or to any date within the period authorized for such
"I do solemnly swear (or affirm) that I will support, pro- session; provided that, at least twenty-four hours before ad-
tect, and defend the Constitution and Government of the journing the session, he shall, while neither house is in recess,
United States and of the State of Florida; that I am duly give each house formal written notice of his intention to do
qualified to hold office under the Constitution of the state; so, and agreement reached within that period by both houses
and that I will well and faithfully perform the duties of on a time for adjournment shall prevail.
(title of office) on which I am now about to enter. So help
me God.", Section 4. QUORUM AND PROCEDURE.-
and thereafter shall devote personal attention to the duties of (a) A majority of the membership of each house shall con-
the office, and continue in office until his successor qualifies. stitute a quorum, but a smaller number may adjourn from day
(c) The powers, duties, compensation, and method of pay- to day and cornel the presence of abset members in such
meant of state and county officers shall be fixed by law. manner and under such eates s it may prescribe. Each
house shall determine its rules of procedure.
Section 6. ENEMY ATTACK.-In periods of emergency
resulting from enemy attack the legislature shall have power (b) Sessions of each house shall be public; except sessions
to provide for prompt and temporary succession to the powers of the senate when considering appointment to or removal from
and duties of all public offices the incumbents of which may public office may be closed.
become unavailable to execute the functions of their offices, and
to adopt such other measures as may be necessary and appro- (c) Each house shall keep and publish a journal of its
private to insure the continuity of governmental operations proceedings; and upon the request of five members present, the

June 26, 1968 JOURNAL OF THE HOUSE OF REPRESENTATIVES 23

vote of each member voting on any question shall be entered Section 10. SPECIAL LAWS.-No special law shall be
on the journal, passed unless notice of intention to seek enactment thereof has
been published in the manner provided by general law. Such
(d) Each house may punish a member for contempt or notice shall not be necessary when the law, except the provision
disorderly conduct and, by a two-thirds vote of its membership, for referendum, is conditioned to become effective only upon
may expel a member. approval by vote of the electors of the area affected.
(e) Senators and Representatives shall, in all cases except Section 11. PROHIBITED SPECIAL LAWS.-
treason, felony and breach of peace, be privileged from arrest
during their attendance at the session of their respective houses (a) There shall be no special law or general law of local
and in going to and returning from the same; and for any speech application pertaining to:
or debate in either House or Committee, they shall not be ques-
tioned in any other place. (1) election, jurisdiction or duties of officers, except officers
of municipalities, chartered counties, special districts or local
Section 5. INVESTIGATIONS-WITNESSES.-Each house, governmental agencies;
when in session, may compel attendance of witnesses and pro-
duction of documents and other evidence upon any matter under (2) assessment or collection of taxes for state or county
investigation before it or any of its committees, and may punish purposes, including extension of time therefore, relief of tax
by fine not exceeding one thousand dollars or imprisonment not officers from due performance of their duties, and relief of
exceeding ninety days, or both, any person not a member who their sureties from liability;
has been guilty of disorderly or contemptuous conduct in its of evidence in an court
presence, or has refused to obey its lawful summons or to answer) rules evidence n c
lawful questions. Such powers, except the power to punish, may (4) punishment for crime;
be conferred by law upon committees when the legislature is
not in session. Punishment of contempt of an interim legisla- (5) petit juries, including compensation of jurors, except
tive committee shall be by judicial proceedings as prescribed by establishment of jury commissions;
law.
(6) change of civil or criminal venue;
Section 6. LAWS.-Every law shall embrace but one subject
and matter properly connected therewith, and the subject shall (7) conditions precedent to bringing any civil or criminal
be briefly expressed in the title. No law shall be revised or proceedings, or limitations of time therefore;
amended by reference to its title only. Laws to revise or amend one e i o ef f
shall set out in full the revised or amended act, section, sub- (8) refund of money legally paid or remission of fines,
section or paragraph of a subsection. The enacting clause of penalties or forfeitures;
every law shall read: "Be It Enacted by the Legislature of the (9) creation, enforcement, extension or impairment of liens
State of Florida:". based on private contracts, or fixing of interest rates on pri-
Section 7. PASSAGE OF BILLS.-Any bill may originate vate contracts;
in either house and after passage in one may be amended in (10) disposal of public property, including any interest
the other. It shall be read in each house on three separate days, therein, for private purposes;
unless this rule is waived by two-thirds vote. On each reading,
it shall be read by title only, unless one-third of the members (11) vacation of roads;
present desire it read in full. On final passage, the vote of each
member voting shall be entered on the journal. Passage of a bill (12) private incorporation or grant of privilege to a pri-
shall require a majority vote in each house. Each bill and vate corporation;
joint resolution passed in both houses shall be signed by the
presiding officers of the respective houses and by the secretary (13) effectuation of invalid deeds, wills or other instru-
of the senate and the clerk of the house of representatives ments, or change in the law of descent;
during th session or as soon as practicable after its adjourn- (14) change of name of any person;
ment sine die.
Section 8. EXECUTIVE APPROVAL AND VETO.- (15) divorce;
(a) Every bill passed by the legislature shall be presented (16) legitimation or adoption of persons;
to the governor for his approval and shall become a law if he (17) relief of minors from legal disabilities;
approves and signs it, or fails to veto it within seven consecu-
tive days after presentation. If during that period or on the (18) transfer of any property interest of persons under
seventh day the legislature adjourns sine die or takes a recess legal disabilities or of estates of decedents;
of more than thirty days, he shall have fifteen consecutive days
from the date of presentation to act on the bill. In all cases (19) hunting or fresh water fishing;
except general appropriation bills, the veto shall extend to the (20) regulation of occupations which are regulated by a
entire bill. The governor may veto any specific appropriation
in a general appropriation bill, but may not veto any qualifi- state agency; or
cation or restriction without also vetoing the appropriation to (21) any subject when prohibited by general law passed
which it relates. by a three-fifths vote of the membership of each house. Such
(b) When a bill or any specific appropriation of a general law may be amended or repealed by like vote.
appropriation bill has been vetoed by the governor, he shall (b) In the enactment of general laws on other subjects,
transmit his signed objections thereto to the house in which political subdivisions or other governmental entities may be
the bill originated if in session. If that house is not in session, classified only on a basis reasonably related to the subject of
he shall file them with the secretary of state, who shall lay the law.
them before that house at its next regular or special session,
and they shall be entered on its journal. Section 12. APPROPRIATION BILLS.-Laws making ap-
propriations for salaries of public officers and other current
(c) If each house shall, by a two-thirds vote, re-enact the expenses of the state shall contain provisions on no other
bill or reinstate the vetoed specific appropriation of a general subject.
appropriation bill, the vote of each member voting shall be
entered on the respective journals, and the bill shall become Section 13. TERM OF OFFICE.-No office shall be created
law or the specific appropriation reinstated, the veto notwith- the term of which shall exceed four years except as provided
standing. herein.
Section 9. EFFECTIVE DATE OF LAWS.-Each law Section 14. CIVIL SERVICE SYSTEM.-By law there shall
shall take effect on the sixtieth day after adjournment sine die be created a civil service system for state employees, except
of the session of the legislature in which enacted or as other- those expressly exempted, and there may be created civil service
wise provided therein. If the law is passed over the veto of the systems and boards for county, district or municipal employees
governor it shall take effect on the sixtieth day after adjourn- and for such offices thereof as are not elected or appointed by
ment sine die of the session in which the veto is overridden, the governor, and there may be authorized such boards as are
on a later date fixed in the law, or on a date fixed by resolution necessary to prescribe the qualifications, method of selection
passed by both houses of the legislature, and tenure of such employees and officers.

JOURNAL OF THE HOUSE

Section 15. TERMS AND QUALIFICATIONS OF LEGIS-
LATORS.-
(a) SENATORS. Senators shall be elected for terms of
four years, those from odd-numbered districts in the years the
numbers of which are multiples of four, and those from even-
numbered districts in even-numbered years the numbers of
which are not multiples of four; except, at the election next
following a reapportionment, some senators shall be elected for
terms of two years when necessary to maintain staggered terms.
(b) REPRESENTATIVES. Members of the house of rep-
resentatives shall be elected for terms of four years, those
from odd-numbered districts in the years the numbers of which
are multiples of four, and those from even-numbered districts
in even-numbered years the numbers of which are not multiples
of four; except, at the election next following a reapportion-
ment, some representatives shall be elected for terms of two
years when necessary to maintain staggered terms.
(c) QUALIFICATIONS. Each legislator shall be at least
twenty-one years of age, an elector and resident of the district
from which elected and shall have resided in the state for a
period of two years prior to election.
(d) ASSUMING OFFICE-VACANCIES. Members of the
legislature shall take office upon election. Vacancies in legisla-
tive office shall be filled only by election as provided by law.
Section 16. LEGISLATIVE APPORTIONMENT.-
(a) SENATORIAL AND REPRESENTATIVE DIS-
TRICTS. The legislature at its regular session in the second
year following each decennial census, by joint resolution, shall
apportion the state in accordance with the constitution of the
state and of the United States into not less than thirty nor more
than fifty consecutively numbered senatorial districts of either
contiguous, overlapping or identical territory, and into not less
than eighty nor more than one hundred twenty consecutively
numbered representative districts of either contiguous, over-
lapping or identical territory. Should that session adjourn
without adopting such joint resolution, the governor by procla-
mation shall reconvene the legislature within thirty days in
special apportionment session which shall not exceed thirty
consecutive days, during which no other business shall be trans-
acted, and it shall be the mandatory duty of the legislature to
adopt a joint resolution of apportionment.
(b) FAILURE OF LEGISLATURE TO APPORTION-
JUDICIAL REAPPORTIONMENT. In the event a special ap-
portionment session of the legislature finally adjourns without
adopting a joint resolution of apportionment, the attorney
general shall, within five days, petition the supreme court of the
state to make such apportionment. No later than the sixtieth
day after the filing of such petition, the supreme court shall
file with the secretary of state an order making such appor-
tionment.
(c) JUDICIAL REVIEW OF APPORTIONMENT. Within
fifteen days after the passage of the joint resolution of appor-
tionment, the attorney general shall petition the supreme court
of the state for a declaratory judgment determining the valid-
ity of the apportionment. The supreme court, in accordance
with its rules, shall permit adversary interests to present their
views and, within thirty days from the filing of the petition,
shall enter its judgment.
(d) EFFECT OF JUDGMENT IN APPORTIONMENT--
EXTRAORDINARY APPORTIONMENT SESSION. A judg-
ment of the supreme court of the state determining the appor-
tionment to be valid shall be binding upon all the citizens of
the state. Should the supreme court determine that the appor-
tionment made by the legislature is invalid, the governor by
proclamation shall reconvene the legislature within five days
thereafter in extraordinary apportionment session which shall
not exceed fifteen days, during which the legislature shall adopt
a joint resolution of apportionment conforming to the judgment
of the supreme court.
(e) EXTRAORDINARY APPORTIONMENT SESSION-
REVIEW OF APPORTIONMENT. Within fifteen days after

the adjournment of an extraordinary apportionment session,
the attorney general shall file a petition in the supreme court
of the state setting forth the apportionment resolution adopted
by the legislature, or if none has been adopted, reporting that
fact to the court. Consideration of the validity of a joint reso-
lution of apportionment shall be had as provided for in cases

E OF REPRESENTATIVES June 26, 1968

of such joint resolution adopted at a regular or special appor-
tionment session.
(f) JUDICIAL REAPPORTIONMENT. Should an extraor-
dinary apportionment session fail to adopt a resolution of
apportionment or should the supreme court determine that the
apportionment made is invalid, the court shall, not later than
sixty days after receiving the petition of the attorney general,
file with the secretary of state an order making such appor-
tionment.
Section 17. IMPEACHMENT.-
(a) The governor, lieutenant governor, members of the
cabinet, justices of the supreme court and judges of other
courts shall be liable to impeachment for misdemeanor in office.
The house of representatives by two-thirds vote shall have the
power to impeach an officer. The speaker of the house of repre-
sentatives shall have power at any time to appoint a committee
to investigate charges against any officer subject to impeach-
ment.
(b) An officer impeached by the house of representatives
shall be disqualified from performing any official duties until
acquitted by the senate, and unless the governor is impeached
he may by appointment fill the office until completion of the
trial.
(c) All impeachments by the house of representatives shall
be tried by the senate. The chief justice of the supreme court,
or another justice designated by him, shall preside at the trial,
except in a trial of the chief justice, in which case the governor
shall preside. The senate shall determine the time for the trial
of any impeachment and may sit for the trial whether the
house of representatives be in session or not. The time fixed
for trial shall not be more than six months after the impeach-
ment. During an impeachment trial senators shall be upon their
oath or affirmation. No officer shall be convicted without the
concurrence of two-thirds of the members of the senate present.
Judgment of conviction in cases of impeachment shall remove
the offender from office and, in the discretion of the senate,
may include disqualifications to hold any office of honor, trust
or profit. Conviction or acquittal shall not affect the civil or
criminal responsibility of the officer.
Section 18. CONFLICT OF INTEREST.-A code of ethics
for all state employees and non-judicial officers prohibiting con-
flict between public duty and private interests shall be pre-
scribed by law.
ARTICLE IV
EXECUTIVE
Section 1. GOVERNOR.-
(a) The supreme executive power shall be vested in a
governor. He shall be commander-in-chief of all military forces
of the state not in active service of the United States. He shall
take care that the laws be faithfully executed, commission all
officers of the state and counties, and transact all necessary
business with the officers of government. He may require in-
formation in writing from all executive or administrative state,
county, or municipal officers upon any subject relating to the
duties of their respective offices.
(b) The governor may initiate judicial proceedings in the
name of the state against any executive or administrative state,
county or municipal officer to enforce compliance with any duty
or restrain any unauthorized act.
(c) The governor may request in writing the opinion of
the justices of the supreme court as to the interpretation of
any portion of this constitution 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 presented and shall render their written opinion
not earlier than ten days from the filing and docketing of such
request, unless in their judgment such delay would cause public
injury.
(d) The governor shall have power to call out the militia
to preserve the public peace, execute the laws of the state,
suppress insurrection, or repel invasion.

(e) The governor shall by message at least once in each
regular session inform the legislature concerning the condition
of the state, propose such reorganization of the executive de-
partment as will promote efficiency and economy, and recom-
mend measures in the public interest.

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(f) When not otherwise provided for in this constitution,
the governor shall fill by appointment any vacancy in state or
county office for the remainder of the term of an appointive
office, and for the remainder of the term of an elective office
if less than twenty-eight months, otherwise until the first
Tuesday after the first Monday following the next general
election.
Section 2. LIEUTENANT GOVERNOR.-
(a) DUTIES. There shall be a lieutenant governor. He
shall perform such duties pertaining to the office of governor
as shall be assigned to him by the governor, except when other-
wise provided by law, and such other duties as may be pre-
scribed by law.
(b) SUCCESSION TO OFFICE OF GOVERNOR. Upon
vacancy in the office of governor, the lieutenant governor shall
become governor. Further succession to the office of governor
shall be prescribed by law. A successor shall serve for the
remainder of the term.
(c) ACTING GOVERNOR. Upon impeachment of the gov-
ernor and until completion of trial thereof, or during his
physical or mental incapacity, the lieutenant governor shall act
as governor. Further succession as acting governor shall be
prescribed by law. Incapacity to serve as governor may be
determined by the supreme court upon due notice after docket-
ing of a written suggestion thereof by four cabinet members,
and in such case restoration of capacity shall be similarly
determined after docketing of written suggestion thereof by
the governor, the legislature or four cabinet members. Inca-
pacity to serve as governor may also be established by certifi-
cate filed with the secretary of state by the governor declaring
his incapacity for physical reasons to serve as governor, and
in such case restoration of capacity shall be similarly estab-
lished.
Section 3. CABINET.-
(a) There shall be a cabinet composed of a secretary of
state, an attorney general, a comptroller, a treasurer, a com-
missioner of agriculture and a commissioner of education. In
addition to the powers and duties specified herein, they shall
exercise such powers and perform such duties as may be pre-
scribed by law.
(b) The secretary of state shall keep the records of the
official acts of the legislative and executive departments.
(c) The attorney general shall be the chief state legal
officer.
(d) The comptroller shall serve as the chief fiscal officer
of the state, and shall settle and approve accounts against the
state.
(e) The treasurer shall keep all state funds and securities.
He shall disburse state funds only upon the order of the comp-
troller, countersigned by the governor. The governor shall
countersign as a ministerial duty subject to original mandamus.
(f) The commissioner of agriculture shall have supervision
of matters pertaining to agriculture except as otherwise pro-
vided by law.
(g) The commissioner of education shall supervise the pub-
lic education system in the manner prescribed by law.
Section 4. ELECTION OF GOVERNOR, LIEUTENANT
GOVERNOR AND CABINET MEMBERS-QUALIFICA-
TIONS-TERMS.-
(a) At a state-wide general election in each calendar year
the number of which is even but not a multiple of four, the
electors shall choose a governor and a lieutenant governor and
members of the cabinet each for a term of four years beginning
on the first Tuesday after the first Monday in January of the
succeeding year. In the general election and in party primaries,
if held, all candidates for the offices of governor and lieutenant
governor shall form joint candidacies in a manner prescribed
by law so that each voter shall cast a single vote for a candidate
for governor and a candidate for lieutenant governor running
together.
(b) When elected, the governor, lieutenant governor and
each cabinet member must be an elector not less than thirty
years of age who has resided in the state for the preceding
seven years. The attorney general must have been a member
of the bar of Florida for the preceding five years. No person

who has, or but for resignation would have, served as governor
or acting governor for more than six years in two consecutive
terms shall be elected governor for the succeeding term.

June 26, 1968

"PENSES.-
(a) No tax shall be levied except in pursuance of law. No
state ad valorem taxes shall be levied upon real estate or
tangible personal property. All other forms of taxation shall
be preempted to the state except as provided by general law.

E OF REPRESENTATIVES 25

Section 5. EXECUTIVE DEPARTMENTS.-All functions
of the executive branch of state government shall be allotted
among not more than twenty-five departments, exclusive of
those specifically provided for or authorized in this constitution.
The administration of each department, unless otherwise pro-
vided in this constitution, shall be placed by law under the
direct supervision of the governor, the lieutenant governor, the
governor and cabinet, a cabinet member, or an officer or board
appointed by and serving at the pleasure of the governor,
except:
(a) When provided by law, confirmation by the senate or
the approval of three members of the cabinet shall be required
for appointment to or removal from any designated statutory
office.
(b) Boards authorized to grant and revoke licenses to en-
gage in regulated occupations shall be assigned to appropriate
departments and their members appointed for fixed terms, sub-
ject to removal only for cause.
Section 6. SUSPENSIONS-FILLING OFFICE DURING
SUSPENSIONS.-
(a) By executive order stating the grounds 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' perform his
official duties, or commission of a felony, and may fill the office
by appointment for the period of suspension. The suspended
officer may at any time before removal be reinstated by the
governor.
(b) The senate may, in proceedings prescribed by law,
remove from office or reinstate the suspended official and for
such purpose the senate may be convened in special session by
its president or by a majority of its membership.
(c) By order of the governor any elected municipal officer
indicted for crime may be suspended from office until acquitted
and the office filled by appointment for the period of suspension,
not to extend beyond the term, unless these powers are vested
elsewhere by law or the municipal charter.
Section 7. CLEMENCY.-
(a) Except in cases of treason and in cases where impeach-
ment results in conviction, the governor may, by executive order
filed with the secretary of state, suspend collection of fines and
forfeitures, grant reprieves not exceeding sixty days and, with
the approval of three members of the cabinet, grant full or
conditional pardons, restore civil rights, commute punishment,
and remit fines and forfeitures for offenses.
(b) In cases of treason the governor may grant reprieves
until adjournment of the regular session of the legislature
convening next after the conviction, at which session the legis-
lature may grant a pardon or further reprieve; otherwise the
sentence shall be executed.
(c) There may be created by law a parole and probation
commission with power to supervise persons on probation and
to grant paroles or conditional releases to persons under sen-
tences for crime. The qualifications, method of selection and
terms, not to exceed six years, of members of the commission
shall be prescribed by law.
Section 8. GAME AND FRESH WATER FISH COMMIS-
SION.-There shall be a game and fresh water fish commission,
composed of five members appointed by the governor for stag-
gered terms of five years. The commission shall exercise the
non-judicial powers of the state with respect to wild animal
life and fresh water aquatic life, except that all license fees
for taking wild animal life and fresh water aquatic life and
penalties for violating regulations of the commission shall be
prescribed by specific statute.
ARTICLE VII
FINANCE AND TAXATION
Section 1. TAXATION-APPROPRIATIONS-STATE EX-

26 JOURNAL OF THE HOU

(b) Motor vehicles, boats, airplanes, trailers, trailer coaches
and mobile homes, as defined by law, shall be subject to a
license tax for their operation in the amounts and for the
purposes prescribed by law, but shall not be subject to ad
valorem taxes.
(c) No money shall be drawn from the treasury except in
pursuance of appropriation made by law.
(d) Provision shall be made by law for raising sufficient
revenue to defray the expenses of the state for each fiscal
period.
Section 2. TAXES-RA TE.-All ad valorem taxation shall
be at a uniform rate within each taxing unit except:
(a) The tax on intangible personal property shall never
exceed two mills on the dollar of assessed value; provided that
as to any obligations secured by mortgage, deed of trust, or
other lien on real estate wherever located, an intangible tax of
not more than two mills on the dollar may be levied by law to
be in lieu of all other intangible assessments on such obligations.
(b) All property owned by a municipality and used exclu-
sively by such municipality for municipal or public purposes
within the county in which the municipality is located shall be
exempt from taxation. By general law other property owned
by a municipality and used exclusively for municipal or public
purposes, and such portions of property used exclusively for
educational, literary, scientific, religious or charitable purposes,
or held by a trustee pursuant to an employee benefit plan if
the trust has qualified for exemption from federal income tax
under the laws of the United States of America, may be ex-
empted from taxation.
(c) There shall be exempt from taxation, cumulatively, to
every head of a family residing in this state, household goods
and personal effects to the value fixed by general law, not less
than one thousand dollars, and to every widow or person who
is blind or totally and permanently disabled, property to the
value fixed by general law not less than five hundred dollars.
Section 3. TAXATION-ASSESSMENTS.-By general law
regulations shall be prescribed which shall secure a just valua-
tion of all property for ad valorem taxation, provided:
(a) Agricultural land or land used exclusively for non-
commercial recreational purposes may be classified by general
law and assessed solely on the basis of character or use.
(b) Pursuant to general law tangible personal property
held for sale as stock in trade and livestock may be valued for
taxation at a specified percentage of its value.
Section 4. ESTATE, INHERITANCE AND INCOME
TAXES.-No tax upon estates or inheritances or upon the
income of residents or citizens of the state shall be levied by
the state, or under its authority, in excess of the aggregate of
amounts which may be allowed to be credited upon or deducted
from any similar tax levied by the United States or any state.
Section 5. HOMESTEAD EXEMPTIONS.-
(a) Every person who has the legal or equitable title to
real estate and maintains thereon the permanent residence of
the owner, or another legally or naturally dependent upon the
owner, shall be exempt from taxation thereon, except assess-
ments for special benefits, up to the assessed valuation of five
thousand dollars upon establishment of right thereto in the
manner prescribed by law. The real estate may be held by
legal or equitable title, by the entireties jointly, in common, as
a condominium, or indirectly by stock ownership or membership
representing the owner's or member's proprietary interest in
a corporation owning a fee or a leasehold initially in excess of
ninety-eight years.
(b) Not more than one exemption shall be allowed any
individual or family unit or with respect to any residential unit.
No exemption shall exceed the value of the real estate assess-
able to the owner or, in case of ownership through stock or
membership in a corporation, the value of the proportion which
his interest in the corporation bears to the assessed value of
the property.

S

(c) By law passed by a majority of each house of the legis-
lature and subject to conditions specified therein, the exemption
may be increased to an amount not exceeding ten thousand dol-
lars of the assessed value of the real estate if the owner has
attained age sixty-five or is totally and permanently disabled.
Section 6. ALLOCATION OF PARI-MUTUEL TAXES.-
Taxes upon the operation of pari-mutuel pools may be pre-
empted to the state or allocated in whole or in part to the

E OF REPRESENTATIVES June 26, 1968

counties. When allocated to the counties, the distribution shall
be in equal amounts to the several counties.
Section 7. AID TO LOCAL GOVERNMENTS.-State funds
may be appropriated to the several counties, school districts,
municipalities or special districts upon such conditions as may
be provided by general law.
Section 8. LOCAL TAXES.-
(a) Counties, school districts, and municipalities shall, and
special districts may, be authorized by law to levy ad valorem
taxes and may be authorized by general law to levy other taxes,
for their respective purposes, except ad valorem taxes on intan-
gible personal property and taxes prohibited by this constitution.
(b) Ad valorem taxes, exclusive of taxes levied for the pay-
ment of bonds and taxes levied when authorized by vote of the
electors who are the owners of freeholds therein not wholly
exempt from taxation, shall not be levied in excess of the follow-
ing millages upon the assessed value of real estate and tangible
personal property: for all county purposes, ten mills; for all
municipal purposes, ten mills; for all school purposes, ten mills;
and for special districts a millage authorized by law approved
by vote of the electors who are owners of freeholds therein not
wholly exempt from taxation. A county furnishing municipal
services may, to the extent authorized by law, levy additional
taxes within the limits fixed for municipal purposes.
Section 9. PLEDGING CREDIT.-Neither the state nor any
county, school district, municipality, special district, or agency
of any of them, shall become a joint owner with, or stockholder
of, or give, lend, or use its taxing power or credit to aid any
corporation, association, partnership, or person; but this shall
not prohibit laws authorizing:
(a) the investment of public trust funds;
(b) the investment of other public funds in obligations of,
or insured by, the United States or any of its instrumentalities;
(c) the issuance and sale by any county, municipality, spe-
cial district or other local governmental body of (1) revenue
bonds to finance or refinance the cost of capital projects for
airports or port facilities, or (2) revenue bonds to finance or
refinance the cost of capital projects for industrial or manu-
facturing plants to the extent that the interest thereon is
exempt from income taxes under the then existing laws of the
United States, when, in either case, the revenue bonds are pay-
able solely from revenue derived from the sale, operation, or
leasing of the projects. Any project so financed, or any part
thereof, which is occupied or operated by any private corpora-
tion, association, partnership or person pursuant to contract or
lease with the issuing body, shall be subject to taxation to the
same extent as privately owned property.
Section 10. STATE BONDS-REVENUE BONDS.-
(a) State bonds pledging the full faith and credit of the
state may be issued only to finance or refinance the cost of state
capital projects upon approval by a vote of the electors; pro-
vided state bonds issued pursuant to this subsection (a) may
be refunded without a vote of the electors at a lower net aver-
age interest cost rate. The total outstanding principal of state
bonds issued pursuant to this subsection (a) shall never exceed
fifty per cent of the total tax revenues of the state for the two
preceding fiscal years.
(b) Moneys sufficient to pay debt service on state bonds
as the same becomes due shall be appropriated by law.
(c) Revenue bonds may be issued by the state or its agen-
cies without a vote of the electors only to finance or refinance
the cost of state capital projects and shall be payable solely
from funds derived from sources other than state tax revenues
or rents or fees paid from state tax revenues.
Section 11. LOCAL BONDS.-Counties, school districts,
municipalities, special districts and local governmental bodies
with taxing powers may issue bonds, certificates of indebtedness
or any form of tax anticipation certificates, payable from ad
valorem taxation and maturing more than twelve months after
issuance only;

(a) to finance or refinance capital projects authorized by
law and only when approved by vote of the electors who are
owners of freeholds therein not wholly exempt from taxation;
or
(b) to refund outstanding bonds and interest and redemp-
tion premium thereon at a lower net average interest cost rate.

JOURNAL OF THE HOUSE

Section 12. RELIEF FROM ILLEGAL TAXES.-Until
payment of all taxes which have been legally assessed upon the
property of the same owner, no court shall grant relief from
the payment of any tax that may be illegal or illegally as-
sessed.
ARTICLE IX
EDUCATION
Section 1. SYSTEM OF PUBLIC EDUCATION.-Adequate
"provision shall be made by law for a uniform system of free
public schools and for the establishment, maintenance and
operation of institutions of higher learning and other public
education programs that the needs of the people may require.

Section 2. STATE BOARD OF EDUCATION.-The gover-
nor and the members of the cabinet shall constitute a state
board of education, which shall be a body corporate and have
such supervision of the system of public education as provided
by law.
Section 3. TERMS OF APPOINTIVE BOARD MEMBERS.
-Members of any appointive board dealing with education
may serve terms in excess of four years as provided by law.

Section 4. SCHOOL DISTRICTS-SCHOOL BOARDS.-
(a) Each county shall constitute a school district; pro-
vided two or more contiguous counties may be combined by a
majority vote of the electors in each of the school districts
to be combined into one school district. In each school district
there shall be a school board composed of five or more mem-
bers chosen by vote of the electors for appropriately stag-
gered terms of four years, as provided by law.
(b) The school board shall operate, control and supervise
all free public schools within the school district and determine
the rate of school district taxes within the limits as other-
wise provided in this constitution. Two or more school districts
may operate and finance joint educational programs.

Section 5. SUPERINTENDENT OF SCHOOLS.-In each
school district there shall be a superintendent of schools. He
shall be elected at the general election in each year the number
of which is a multiple of four for a term of four years; or,
when provided by resolution of the district school board or by
special law approved by vote of the electors, the office of
district school superintendent in any school district shall be
filled by appointment by the district school board; as provided
by general law. Such resolution or special law may be rescinded
by like procedure after four years.

Section 6. STATE SCHOOL FUND.-The income derived
from the state school fund shall, and the principal of such fund
may, be appropriated only to the support and maintenance of
free public schools.

ARTICLE X
MISCELLANEOUS
Section 1. AMENDMENTS TO UNITED STATES CON-
STITUTION.-The legislature shall not take action on any
proposed amendment to the constitution of the United States
unless a majority of the members thereof have been elected
after the proposed amendment has been submitted for ratifi-
cation.
Section 2. MILITIA.-
(a) The militia shall be composed of all able-bodied inhabi-
tants of the state who are or have declared their intention to
become citizens of the United States; and no person because of
religious creed or opinion shall be exempted from military duty
except upon conditions provided by law.
(b) The organizing, equipping, housing, maintaining, and
disciplining of the militia, and the safekeeping of public arms
may be provided for by law.

(c) The governor shall appoint all commissioned officers of
the militia, including an adjutant general who shall be chief
of staff. The appointment of all general officers shall be sub-
ject to confirmation by the senate.

June 26, 1968

Section 8. CENSUS.-
(a) Each decennial census of the state taken by the United
States shall be an official census of the state.

;E OF REPRESENTATIVES 27

(d) The qualifications of personnel and officers of the fed-
erally recognized national guard, including the adjutant general,
and the grounds and proceedings for their discipline and re-
moval shall conform to the appropriate United States army or
air force regulations and usages.
Section 3. VACANCY IN OFFICE.-Vacancy in office shall
occur upon the creation of an office, upon the death of the
incumbent or his removal from office, resignation, succession to
another office, unexplained absence for sixty consecutive days,
or failure to maintain the residence required when elected or
appointed, and upon failure of one elected or appointed to office
to qualify within thirty days from the commencement of the
term.
Section 4. HOMESTEAD-EXEMPTIONS.-
(a) There shall be exempt from forced sale under process
of any court, and no judgment, decree or execution shall be a
lien thereon, except for the payment of taxes and assessments
thereon, obligations contracted for the purchase, improvement
or repair thereof; or obligations contracted for house, field or
other labor performed on the realty, the following property
owned by the head of a family:
(1) a homestead, if located outside a municipality, to the
extent of one hundred sixty acres of contiguous land and im-
provements thereon, which shall not be reduced without the
owner's consent by reason of subsequent inclusion in a munici-
pality; or if located within a municipality, to the extent of
one-half acre of contiguous land, upon which the exemption
shall be limited to the residence of the owner or his family;
(2) personal property to the value of one thousand dollars.
(b) These exemptions shall inure to the surviving spouse
or heirs of the owner.
(c) The homestead shall not be subject to devise if the
owner is survived by spouse or minor child. The owner of
homestead real estate, joined by the spouse if married, may
alienate the homestead by mortgage, sale or gift and, if mar-
ried, may by deed transfer the title to an estate by the entirety
with the spouse. If the owner or spouse is incompetent, the
method of alienation or encumbrance shall be as provided by
law.
Section 5. COVERTURE AND PROPERTY.-There shall
be no distinction between married women and married men in
the holding, control, disposition, or encumbering of their prop-
erty, both real and personal; except that dower or courtesy may
be established and regulated by law.
Section 6. EMINENT DOMAIN.-
(a) No private property shall be taken or damaged except
for a public purpose and with full compensation therefore, in-
cluding damages arising from the taking, as determined by a
jury, and court costs, reasonable expenses and attorneys' fees,
as determined by a court, paid to each owner or secured by
deposit in the registry of the court and available to the owner.
(b) After judicial determination of necessity, title and pos-
session of the property may be taken before final judgment
upon deposit in the registry of the court, available to the owner,
of a sum found by the judge of the court to be fair and reason-
able after a hearing pursuant to reasonable notice as provided
by law.
(c) Any owner may withdraw from the registry of the
court the amount found by the court to be fair and reasonable,
made before judgment without waiving the right to jury trial,
or the deposit of the sum awarded by judgment after trial
without waiving the right of appeal. No appeal from any order
or judgment of taking shall operate as a supersedeas.
(d) Provision may be made by law for the taking, by like
proceedings, for the drainage of the land of one person over
or through the land of another.
Section 7. LOTTERIES.-Lotteries, other than the types of
pari-mutuel pools authorized by law as of the effective date
of this constitution, are hereby prohibited in this state.

JOURNAL OF THE HOUSE

(b) Each decennial census, for the purpose of classifications
based upon population, shall become effective on the thirtieth
day after the final adjournment of the regular session of the
legislature convened next after certification of the census.
Section 9. REPEAL OF CRIMINAL STATUTES.-Repeal
or amendment of a criminal statute shall not affect prosecution
or punishment for any crime previously committed.
Section 10. FELONY-DEFINITION.-The term "felony"
as used herein and in the laws of this state shall mean any
criminal offense punishable in this state or that would be
punishable if committed in this state by death or imprison-
ment exceeding one year. Such imprisonment shall be in the
state penitentiary unless otherwise provided by law.
Section 11. SOVEREIGNTY LANDS.-The title to lands
under navigable waters, within the boundaries of the state,
which have not been alienated, including beaches below mean
high water lines, is held by the state, by virtue of its sover-
eignty, in trust for all the people. Sale or private use of por-
tions of such lands may be authorized by law, but only when
not contrary to the public interest.
Section 12. RULES OF CONSTRUCTION.-Unless quali-
fied 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.
(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 electors of the
governmental unit referred to in the text.
(e) Vote or other action of a legislative house or other gov-
ernmental body means the vote or action of a majority or other
specified percentage of those members voting on the matter.
"Of the membership" means "of all members thereof."
(f) The terms "judicial office," "justices" and "judges" shall
not include judges of courts established solely for the trial of
violations of ordinances.
(g) "Special law" means a special or local law.
(h) Titles and subtitles shall not be used in construction.
Section 13. SOVEREIGN IMMUNITY.-Provision may be
made by general law for bringing suits against the state as to
all liabilities now existing or hereafter originating.
ARTICLE XI
AMENDMENTS
Section 1. PROPOSAL BY LEGISLATURE.-Amendment
of a section or revision of one or more articles, or the whole,
of this constitution may be proposed by joint resolution agreed
to by three-fifths of the membership of each house of the legis-
lature. The full text of the joint resolution and the vote of each
member voting shall be entered on the journal of each house.
Section 2. REVISION COMMISSION.-
(a) Within thirty days after the adjournment of the regular
session of the legislature convened in the tenth year following
that in which this constitution is adopted, and each twentieth
year thereafter, there shall be established a constitution revision
commission composed of the following thirty-seven members:
(1) the attorney general of the state;
(2) fifteen members selected by the governor;
(3) nine members selected by the speaker of the house of
representatives and nine members selected by the president of
the senate; and
(4) three members selected by the chief justice of the
supreme court of Florida with the advice of the justices.
(b) The governor shall designate one member of the com-

mission as its chairman. Vacancies in the membership of the
commission shall be filled in the same manner as the original
appointments.

IE OF REPRESENTATIVES June 26, 1968

(c) Each constitution revision commission shall convene at
the call of its chairman, adopt its rules of procedure, examine
the constitution of the state, hold public hearings, and, not
later than one hundred eighty days prior to the next general
election, file with the secretary of state its proposal, if any, of
a revision of this constitution or any part of it.
Section 3. INITIATIVE.-The power to propose amend-
ments to any section of this constitution by initiative is re-
served to the people. It may be invoked by filing with the
secretary of state a petition containing a copy of the proposed
amendment, signed by a number of electors in each of one half
of the congressional districts of the state, and of the state as
a whole, equal to eight per cent of the votes cast in each of such
districts respectively and in the state as a whole in the last
preceding election in which presidential electors were chosen.
Section 4. CONSTITUTIONAL CONVENTION.-
(a) The power to call a convention to consider a revision
of the entire constitution is reserved to the people. It may be
invoked by filing with the secretary of state a petition, con-
taining a declaration that a constitutional convention is desired,
signed by a number of electors in each of one half of the con-
gressional districts of the state, and of the state as a whole,
equal to fifteen per cent of the votes cast in each such district
respectively and in the state as a whole in the last preceding
election of presidential electors.
(b) At the next general election held more than ninety days
after the filing of such petition there shall be submitted to the
electors of the state the question: "Shall a constitutional con-
vention be held?" If a majority voting on the question votes in
the affirmative, at the next succeeding general election there
shall be elected from each representative district a member of
a constitutional convention. On the twenty-first day following
that election, the convention shall sit at the capital, elect offi-
cers, adopt rules of procedure, judge the election of its mem-
bership, and fix a time and place for its future meetings. Not
later than ninety days before the next succeeding general elec-
tion, the convention shall cause to be filed with the secretary
of state any revision of this constitution proposed by it.
Section 5. AMENDMENT OR REVISION ELECTION.-
(a) A proposed amendment to or revision of this constitu-
tion, or any part of it, shall be submitted to the electors at the
next general election held more than ninety days after the joint
resolution, initiative petition or report of revision commission
or constitutional convention proposing it is filed with the secre-
tary of state, unless, pursuant to law enacted by the affirmative
vote of three-fourths of the membership of each house of the
legislature and limited to a single amendment or revision, it is
submitted at an earlier special election held more than ninety
days after such filing.
(b) Once in the tenth week, and once in the sixth week
immediately preceding the week in which the election is held,
the proposed amendment or revision, with notice of the date of
election at which it will be submitted to the electors, shall be
published in one newspaper of general circulation in each county
in which a newspaper is published.
(c) If the proposed amendment or revision is approved by
vote of the electors, it shall be effective as an amendment to or
revision of the constitution of the state on the first Tuesday
after the first Monday in January following the election, or on
such other date as may be specified in the amendment or
revision.
ARTICLE XII
SCHEDULE
Section 1. CONSTITUTION OF 1885 SUPERSEDED.-
The Consuttution of Florida adopted in 1885, as amended from
time to time, is superseded by this constitution except those
sections expressly retained and made a part of this constitution
by reference.
Section 2. PROPERTY TAXES -MILLAGES.-Notwith-

standing provisions herein to the contrary the status of the
millage authorized upon assessed value of property in mu-
nicipalities, counties and special districts of the state, as they
exist on the date this constitution becomes effective, is recog-
nized and may be continued until reduced by law.

JOURNAL OF THE HOUL

Section 3. SARASOTA COUNTY-HOMESTEAD TAX
EXEMPTION.-The status of Sarasota county as respects the
deferred allowance of homestead tax exemption under Article
X, Section 7, of the Constitution of 1885, as amended, shall
continue in effect until changed by vote of the electors of the
county to conform to Article VII, Section 5, of this constitu-
tion.
Section 4. OFFICERS TO CONTINUE IN OFFICE.-
Every person holding office when this constitution becomes
effective shall continue in office for the remainder of the term if
that office is not abolished. If the office is abolished the incum-
bent shall be paid adequate compensation, to be fixed by law,
for the loss of emoluments for the remainder of the term.
Section 5. STATE COMMISSIONER OF EDUCATION.-
The state superintendent of public instruction in office on the
effective date of this constitution shall become and, for the
remainder of the term being served, shall be the commissioner
of education.
Section 6. SUPERINTENDENT OF SCHOOLS.-
(a) On the effective date of this constitution the county
superintendent of public instruction of each county shall be-
come and, for the remainder of the term being served, shall be
the superintendent of schools of that district.
(b) The method of selection of the county superintendent
of public instruction of each county, as provided by or under
the Constitution of 1885, as amended, shall apply to the selec-
tion of the district superintendent of schools until changed as
herein provided.
Section 7. LA WS PRESERVED.-
(a) All laws in effect upon the adoption of this constitution,
to the extent not inconsistent with it, shall remain in force
until they expire by their terms or are repealed.
(b) All statutes which, under the Constitution of 1885, as
amended, apply to the state superintendent of public instruction
and those which apply to the county superintendent of public
instruction shall under this constitution apply, respectively, to
the state commissioner of education and the district superin-
tendent of schools.

Section 8. RIGHTS RESERVED.-
(a) All actions, rights of action, claims, contracts and
obligations of individuals, corporations and public bodies or
agencies existing on the date this constitution becomes effective
shall continue to be valid as if this constitution had not been
adopted. All taxes, penalties, fines and forfeitures owing to
the state under the Constitution of 1885, as amended, shall
inure to the state under this constitution, and all sentences as
punishment for crime shall be executed according to their terms.
(b) This constitution shall not be retroactive so as to create
any right or liability which did not exist under the Constitution
of 1885, as amended, based upon matters occurring prior to the
adoption of this constitution.
Section 9. PUBLIC DEBTS RECOGNIZED.-All bonds,
revenue certificates, revenue bonds and tax anticipation cer-
tificates issued pursuant to the Constitution of 1885, as amended,
by the state, any agency, political subdivision or public cor-
poration of the state shall remain in full force and effect and
shall be secured by the same sources of revenue as before the
adoption of this constitution, and, to the extent necessary to
effectuate this section, the applicable provisions of the Consti-
tution of 1885, as amended, are retained as a part of this con-
stitution until payment in full of these public securities.

Section 10. BONDS.-
(a) No additional revenue bonds shall be issued pursuant
to Article IX, Section 17, of the Constitution of 1885, as
amended, or after June 30, 1969, pursuant to Article XII,
Section 19, of the Constitution of 1885, as amended. The pro-
visions for interest rates contained in subsection (d) of this
section shall apply to such bonds as may be issued under this
subsection (a).
(b) REFUNDING BONDS. Revenue bonds to finance the
cost of state capital projects issued prior to the date this con-

stitution becomes effective, including projects of the Florida
state turnpike authority or its successor but excluding all por-

June 26, 1968

to refund obligations secured by any portion of the "second
gas tax" allocated to a county under Article IX, Section 16,
of the Constitution of 1885, as amended; (ii) to finance the
acquisition and construction of roads in a county when ap-
proved by the governing body of the county and the state
agency supervising the state road system; and (iii) to refund
obligations secured by any portion of the "second gas tax"
allocated under paragraph 9(c) (4). No such bonds shall be
issued unless a state fiscal agency created by law has made a

SE OF REPRESENTATIVES 29

tions of the state highway system, may be refunded as provided
by law without vote of the electors, at a lower net average
interest cost rate by the issuance of bonds, maturing not later
than the obligations refunded, secured by the same revenues
only, or secured by the same revenues and also by the full
faith and credit of the state.
(c) MOTOR VEHICLE FUEL TAXES.
(1) A state tax, designated "second gas tax," of two cents
per gallon upon gasoline and other like products of petroleum
and an equivalent tax upon other sources of energy used to
propel motor vehicles as levied by Article IX, Section 16, of the
Constitution of 1885, as amended, is hereby continued for a
period of forty consecutive years. The proceeds of said tax
shall be placed monthly in the state roads distribution fund in
the state treasury.
(2) Article IX, Section 16, of the Constitution of 1885, as
amended, is adopted by this reference as a part of this consti-
tution as completely as though incorporated herein verbatim
for the purpose of providing that after the effective date of
this constitution the proceeds of the "second gas tax" as re-
ferred to therein shall be allocated among the several counties
in accordance with the formula stated therein to the extent
necessary to comply with all obligations to or for the benefit
of holders of bonds, revenue certificates and tax anticipation
certificates or any refundings thereof secured by any portion
of the "second gas tax."
(3) No funds anticipated to be allocated under the formula
stated in Article IX, Section 16, of the Constitution of 1885, as
amended, shall be pledged as security for any obligation here-
after issued or entered into, except that any outstanding obli-
gations previously issued pledging revenues allocated under
said Article IX, Section 16, may be refunded at a lower net
average interest cost rate by the issuance of refunding bonds,
maturing not later than the obligations refunded, secured by
the same revenues and any other security authorized in para-
graph (5) of this subsection.
(4) Subject to the requirements of paragraph (2) of this
subsection and after payment of administrative expenses, the
"second gas tax" shall be allocated to the account of each of
the several counties in amounts to be determined as follows:
There shall be an initial allocation of one-fourth in the ratio
of county area to state area, one-fourth in the ratio of the total
county population to the total population of the state in ac-
cordance with the latest available federal census, and one-half
in the ratio of the total "second gas tax" collected on retail
sales or use in each county to the total collected in all counties
of the state during the previous fiscal year. If the annual debt
service requirements of any obligations issued for any county,
including any deficiencies for prior years, secured under para-
graph (2) of this subsection, exceeds the amount which would
be allocated to that county under the formula set out in this
paragraph, the amounts allocated to other counties shall be re-
duced proportionately.
(5) Funds allocated under paragraphs (2) and (4) of this
subsection shall be administered by the state board of adminis-
tration created under said Article IX, Section 16, of the Con-
stitution of 1885, as amended, and which is continued as a
body corporate for the life of this subsection 9(c). The board
shall remit the proceeds of the "second gas tax" in each county
account for use in said county as follows: eighty per cent to
the state agency supervising the state road system and twenty
per cent to the governing body of the county, unless otherwise
provided by general law. The proceeds of the "second gas
tax" subject to allocation to the several counties under this
paragraph (5) shall be used first, for the payment of obli-
gations pledging revenues allocated pursuant to Article IX,
Section 16, of the Constitution of 1885, as amended, and any
refundings thereof; second, for the payment of debt service
on bonds issued as provided by this paragraph (5) to finance
the acquisition and construction of roads as defined by law;
and third, for the acquisition and construction of roads. When
authorized by law, state bonds pledging the full faith and
credit of the state may be issued without any election: (i)

JOURNAL OF THE HOUSE OF REPRESENTATIVES

June 26, 1968

determination that in no state fiscal year will the debt service
requirements of the bonds and all other bonds secured by the
pledged portion of the "second gas tax" allocated to the county
exceed seventy-five per cent of the pledged portion of the
"second gas tax" allocated to that county for the preceding state
fiscal year, of the pledged net tolls from existing facilities col-
lected in the preceding state fiscal year, and of the annual
average net tolls anticipated during the first five years of opera-
tion of new projects to be financed. Bonds issued pursuant to
this subsection shall be payable primarily from the pledged tolls
and portions of the "second gas tax" allocated to that county.

(d) SCHOOL BONDS. Article XII, Section 18, of the Con-
stitution of 1885, as amended, as it existed immediately before
this constitution becomes effective is adopted by this reference
as part of this constitution as completely as though incorpo-
rated herein verbatim. The legislature may impose restric-
tions on the bonds and tax anticipation certificates issued
hereafter, including the fixing of maximum interest rates and
discounts. Bonds issued pursuant to this subsection (d) shall
be payable primarily from revenues as provided in Article
XII, Section 18, of the Constitution of 1885, as amended,
and, if authorized by law, may be additionally secured by
pledging the full faith and credit of the state without
an election. When authorized by law, bonds issued pursuant
to Article XII, Section 18, of the Constitution of 1885, as
amended, and bonds issued pursuant to this subsection (d)
may be refunded by the issuance of bonds additionally secured
by the full faith and credit of the state only at a lower net
average interest cost rate.

(e) DEBT LIMITATION. Bonds issued pursuant to this
Section 9 of Article XII which are payable primarily from
revenues pledged pursuant to this section shall not be included
in applying the limits upon the amount of state bonds contained
in Section 10, Article VII, of this constitution.

Section 11. PRESERVATION OF EXISTING GOVERN-
MENT.-All provisions of the Constitution of 1885, as amended,
not embraced herein which are not inconsistent with this con-
stitution shall become statutes subject to modification or re-
peal as are other statutes.

Section 12. DELETION OF OBSOLETE SCHEDULE
ITEMS.-The legislature shall have power, by joint resolution,
to delete from this constitution any section of this Article XII,
including this section, when all events to which the section to
be deleted is or could become applicable have occurred. A legis-
lative determination of fact made as a basis for application of
this section shall be subject to judicial review.

Section 13. SENATORS.-The requirements of staggered
terms of senators in Section 15 (a) of Article III of this consti-
tution shall apply only to senators elected in November, 1972,
and thereafter.

Section 14. LEGISLATIVE APPORTIONMENT.-The re-
quirements of legislative apportionment in Section 16 of Article
III of this constitution shall apply only to the apportionment of
the legislature following the decennial census of 1970, and
thereafter.

Section 15. CONFLICTING PROVISIONS.-This schedule
is designed to effect the orderly transition of government from
the Constitution of 1885, as amended, to this constitution and
shall control in all cases of conflict with any part of Articles I
through IV, VII, and IX through XI.

Section 16. SPECIAL DISTRICT TAXES.-Ad valorem
taxing power vested by law in special districts existing when
this constitution becomes effective shall not be abrogated by
Section 8(b) of Article VII hereof, but such powers, except to
the extent necessary to pay outstanding debts, may be restricted
or withdrawn by law.

The absence of a quorum was suggested. A quorum of 107
Members was present.

When the vote was taken on the passage of the joint reso-
lution, the result was:

Yeas-89
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Bevis
Brantley
Briggs
Caldwell
Clark
Conway
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker
Eddy
Elmore
Nays-18
Beck
Bird
Blalock
Brower
Campbell

Featherstone
Firestone
Fleece
Fortune, E. M.
Gautier
Gibson
Gillespie
Gissendanner
Gorman
Graham
Grange
Grizzle
Gustafson
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
James
Land
Lewis
Lindsey

Chappell
Gallen
Inman
Kennelly
King

Matthews
Mattox
Middlemas
Miers
Murphy
Myers
Nergard
Nichols
Osborne
Papy
Pettigrew
Pfeiffer
Poorbaugh
Powell
Prominski
Randell
Redman
Reed
Reedy
Robinson
Rowell
Rude
Rust

McDonald
McNulty
Mixson
Pratt
Scarborough

Ryals
Sackett
Savage
Schultz
Sessums
Shadley
Shaw
Smith
Spicola
Stafford
Stevens
Sweeny
Tillman
Tucker
Walker
Wells
Whitson
Wolfson
Yancey
Yarborough

Singleton
Tyre
Williams

HJR 1-2X passed, as amended, by the required Constitutional
three-fifths vote of all Members elected to the House and was
ordered immediately certified to the Senate, after engrossment.

EXPLANATIONS OF VOTE ON HJR 1-2X
I have voted to submit this new Constitution to the people
but I have reserved the right to point out to the voters this
basic proposal's pluses and minuses-the good and the bad pro-
visions as I see these.
Days, weeks, months-even years-of tedious, costly efforts
have gone into the drafting of this document. I doubt if I
have the right to keep the product of those long labors from
the voters simply because I quarrel with some of its provisions.
Those provisions and others will, I am sure, be amply and ably
discussed for the voters in the weeks until the November gen-
eral election.
Besides, if this draft were rejected and this Special Session
adjourned without submitting some version of a new Constitu-
tion to the people, it well could be expected that the Governor
would recall the Legislature to resume this expensive task.
Too, it has been pointed out to me that Benjamin Franklin,
on the occasion of the adoption of the Constitution of the
United States, remarked that the Constitution was far from
perfect but on the whole it was the best that could be devised
under the circumstances.
Benjamin Franklin went on to say: "I cannot help expressing
a wish that every member of the Convention, who may still
have objections to it, would with me, on this occasion, doubt
a little of his own infallibility, and, to make manifest our
unanimity, put his name to this instrument."
In somewhat the same spirit, and with humility, I have put
my name to this instrument by casting a vote to allow the
people to decide whether they want this Constitution.
Representative E. C. Rowell
I voted for HJR 1-2X with the complete knowledge that I
do not fully agree with each and every section of every Article.
I do feel that the people of Florida have the right to and
should be allowed to vote on a new and modern Constitution.
It is impossible to write a Constitution that will meet the needs
and desires of each individual citizen.
Representative John R. Culbreath
The past five Governors, and the present Governor of Florida,
the League of Women Voters, the Florida Bar, County Judges,
Circuit Judges, the Constitution Revision Commission, Speaker

30

Ralph Turlington, President Verle Pope and their committees
headed by Representative Dubbin of Dade and Senator
Mathews, of Duval, have put in thousands of man-hours and
many, many laborious days to bring about this document, re-
vision of the Constitution, that we have been working on since
June 24. I feel there are many areas of this new Constitution
that are strong and some that are very weak. I have had peo-
ple from Key West to Jacksonville, and from Tallahassee to
Pensacola, talk to me and ask about a new Constitution. I feel
that as many people are for a new constitution as there are
against it, but I believe that this document should be evaluated
by the voters of the state. I believe, as a member of the Florida
House of Representatives, because of the hundreds of changes
that have been made in this document, that I at this very mo-
ment cannot tell every article and section that is included in it.
I have a strong feeling that the present Constitution of 1885,
is a very solid document, highly restrictive, and is the protector
of the people of this state. We have become the eighth largest
state in the nation, which is indicative of a good Constitution,
and because this old document has been analyzed and approved
by the courts at the expense of the people of Florida, I have
long felt that the procedure for changing the Constitution
should be amendment by amendment, until the re-working of
the present Constitution was accomplished, is the route we
should have taken, because this new Constitution, if it is ap-
proved by the people, will cost hundreds and hundreds of
millions of dollars before it is an affirmed document. Because
of the tremendous amount of work and many thousands of
dollars of expense put into this document, I have voted "Yes"
to give the people of Florida a chance to evaluate this document
and to express their feeling, and between now and November
they will have time to analyze it. So will I, and I will cast my

31

vote in November. In my opinion, it will be a negative vote,
after I have had time to analyze this document.
Representative W. H. (Bill) Reedy
I favor the principle of Constitutional Revision whenever and
wherever needed, and while I believe there is much good in
HJR 1-2X, I nevertheless feel that the bad outweighs the good.
I have, therefore, voted against HJR 1-2X.
Representative William V. Chappell, Jr.

ENGROSSING REPORT
June 26, 1968
Your Engrossing Clerk to whom was referred-
HJR 1-2X
-with amendments, reports the a dmndments have been in-
corporated and the joint resolution is herewith returned.
-and the joint resolution was ordered immediately certified
to the Senate.

Adjournment
On motion by Mr. Rowell, the House adjourned at 3:45 P.M.
to reconvene at 10:00 A.M. tomorrow.

June 26, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

THE JOURNAL OF THE FLORIDA

House of Representatives

PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]
SPECIAL SESSION

THURSDAY, JUNE 27, 1968

The House was called to order by the Speaker pro tempore
at 10:00 A.M.
The following Members were recorded present:

Mr. Speaker pro tempore
Alvarez Featherstone Matthews
Andrews Firestone Mattox
Arnold Fleece McDonald
Baker Fortune, E. M. McNulty
Bassett Fortune, J. Middlemas
Beck Gallen Miers
Bevis Gautier Mixson
Bird Gibson Murphy
Blalock Gillespie Myers
Brantley Gorman Nergard
Briggs Graham Nichols
Caldwell Grange Osborne
Campbell Grizzle Papy
Chappell Gustafson Pettigrew
Clark Harris Pfeiffer
Conway Hartnett Poorbaugh
Craig Hector Powell
Crider Hodes Pratt
Culbreath Holloway Prominski
D'Alemberte Humphrey Randell
Danahy Inman Redman
Davis James Reed
De Young King Reedy
Dubbin Land Robinson
Ducker Lewis Rowell
Eddy Lindsey Rude
Elmore Martinez, J. M. Rust

Ryals
Sackett
Savage
Scarborough
Schultz
Sessums
Shadley
Shaw
Singleton
Smith
Spicola
Stafford
Stallings
Stevens
Sweeny
Tillman
Tucker
Turlington
Tyre
Wells
Whitson
Williams
Wolfson
Yancey
Yarborough

Excused: Representatives Crabtree, Gissendanner, Kennelly,
E. L. Martinez, McKinley, Reeves and Register.
A quorum was present.

Prayer
Prayer by the Honorable Robert C. De Young:
Our Father and our God, as we join together today most
of us are enjoying and saying to each other how happy and
pleased we are that we have been able to perhaps be a
small part in making history in this great state of ours by
passing out of these chambers in record time a new Con-
stitution for our future generations to live by. But when
we pause for a moment, Our Father, we realize how short-
sighted we have been and instead of thanking Thee, we
have done what comes natural to us and praised each other,
whereas we should be offering up our praise and thanks-
giving to Thee; so forgive us, we pray, for not doing this
and accept this prayer from all of us. We ask Thee to help
us always to be mindful of the fact that all good and perfect
gifts come only from Thee, the Master of all mankind. Con-
tinue to be with us as we complete our work on this docu-
ment. Lead us and guide us in all of our undertakings.
We ask it in Thy most precious name. Amen.

The Journal
The Journal of June 26 was ordered corrected and approved
as follows: On page 16, column 2, line 19 from top, after

"HB24-" insert "2". On page 26, column 1, between lines 19
and 20 from bottom, insert the following: "manner prescribed
by law. The real estate may be held by" and in column 2, line
15 from top, after "levied" strike remainder of line, and in line
16 strike "years". In line 24 from the top strike "in unin-"
and in line 25 strike corporated areas". In line 26 from top,
strike "therein". On page 30, column 1, strike entire line 8
from bottom.

INTRODUCTION AND REFERENCE
By Representative Walker-
HB 31-2X-A bill to be entitled An act relating to bingo or
guest games; amending section 849.093(1), Florida Statutes, to
exempt certain organizations from the three (3) year existence
required to conduct such games; providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representatives De Young, Humphrey, James, Poorbaugh,
Rust, and Reed-
HR 32-2X-A resolution commending the bravery and coura-
geous act performed by Verlon J. Crider.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representatives De Young, Humphrey, James, Poorbaugh,
Rust, and Reed-
HM 33-2X-A memorial to the congress of the United States
to provide for the designation of a highway from Ft. Myers,
Florida, to West Palm Beach, Florida as a part of the national
system of interstate and defense highways.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representative Reed-
HB 34-2X-A bill to be entitled An act relating to toxic sol-
vents or materials having the property of releasing toxic vapors;
amending chapter 877, Florida Statutes, by adding section 877.12
to prohibit possession or inhalation with intent to impair the
normal faculties of the body; providing a penalty; repealing
section 877.11, Florida Statutes; providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representatives Campbell, E. M. Fortune, and Elmore-
HB 35-2X-A bill to be entitled An act relating to the board
of public instruction in any county of the state having a pop-
ulation of not less than ten thousand four hundred (10,400) and
not more than eleven thousand (11,000), according to the latest
official decennial census; authorizing said board to issue bonds
for school construction; providing for payment of principal and
interest from funds received pursuant to chapters 550 and 551,
Florida Statutes; providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.
32

June 27, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Reedy-
HB 36-2X-A bill to be entitled An act relating to safety
equipment inspection of motor vehicles; amending section 325.27,
Florida Statutes, to require the department of public safety to
make a final inspection of county safety equipment inspection
facilities and certify that all stations in a county are fully
ready to serve the public before permitting the county inspec-
tion system to begin operation; providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representatives Reedy, Alvarez, Andrews, Bassett, Beck,
Bevis, Campbell, Craig, Crider, Ducker, Elmore, Fleece, E. M.
Fortune, J. Fortune, Gibson, Gillespie, Gorman, Grange, Ken-
nelly, King, Lindsey, Miers, Murphy, Nichols, Papy, Pfeiffer,
Powell, Prominski, Rude, Ryals, Savage, Shadley, Shaw, Smith,
Stallings, Wells and Yancey-
HB 37-2X-A bill to be entitled An act relating to safety
equipment inspection of motor vehicles; amending section
325.16, Florida Statutes, to increase the periods for the correc-
tion of defects and within which reinspection shall be without
further charge from five (5) to thirty (30) days; providing an
effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Reedy, Andrews, Bassett, Beck, Bevis,
Campbell, Craig, Crider, Ducker, Elmore, Fleece, E. M. Fortune,
J. Fortune, Gibson, Grange, King, Lindsey, Papy, Pfeiffer, Pro-
minski, Savage, Shadley, Shaw, Smith and Wells-
RB 38-2X-A bill to be entitled An act relating to safety
equipment inspection of motor vehicles; amending sections
325.12 and 325.13, Florida Statutes, to require annual instead
of semiannual safety inspections and to spread the initial in-
spections over ten (10) months beginning with July 1968; pro-
viding an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Miers-
HCR 39-2X-A resolution recognizing the unique seagoing
accomplishments of Hugo Vihlen.

--was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Poorbaugh, Humphrey, De Young, James,
and Rust-

HB 40-2X-A bill to be entitled An act relating to the Florida
Probation and Parole Commission; appropriating funds for
employment of additional employees and for implementation of
new professional salary scale; providing a minimum entrance
salary; providing an effective date.

-was placed temporarily in the Committee on Rules & Cal-
endar.

Report of the Committee on Rules & Calendar

The Honorable Ralph D. Turlington
Speaker, House of Representatives

June 26, 1968

Your Committee on Rules & Calendar herewith submits, as
the Special Order Calendar under Rule 8.16 for Thursday,
June 27, 1968, the consideration of the following bills together
with their companion measures:

HJR 2-2X
HJR 3-2X

HJR 4-2X
HJR 5-2X

A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar
On motion by Mr. Rowell, the above report was adopted.

CONSIDERATION OF THE SPECIAL ORDER
Without objection, consideration of HJR 2-2X was temporarily
deferred.

THE SPEAKER IN THE CHAIR
HJR 3-2X-A joint resolution proposing a revision of Article
VI of the Constitution of the State of Florida relating to suf-
frage and eligibility.
-was taken up.
On motion by Mr. Dubbin, the rules were waived and HJR
3-2X was read the second time by title.
Representative Pratt offered the following amendment:
In Article VI, Section 2, page 1, line 9, strike "nineteen years
of age" and insert the following: twenty-one years of age
Mr. Pratt moved the adoption of the amendment.
Pending consideration thereof-
Representative Reed offered the following substitute amend-
ment:
In Article VI, Section 2, on page 1, line 9, strike "nineteen"
and insert "eighteen"
Mr. Reed moved the adoption of the substitute amendment.
The substitute amendment failed of adoption. The vote was:

Yeas-39
Arnold
Bassett
Bird
Brantley
Caldwell
Campbell
Crider
Davis
De Young
Eddy
Nays-59
Mr. Speaker
Alvarez
Baker
Bevis
Blalock
Briggs
Chappell
Clark
Conway
Craig
Culbreath
D'Alemberte
Dubbin
Ducker
Featherstone

Fortune, J. McNulty
Gibson Miers
Gorman Mixson
Grizzle Murphy
Hector Nichols
Holloway Osborne
Inman Powell
James Reed
Lewis Rude
Lindsey Rust

Firestone Matthews
Fleece Mattox
Fortune, E. M. Middlemas
Gallen Myers
Gautier Nergard
Gillespie Papy
Graham Pettigrew
Grange Pfeiffer
Gustafson Poorbaugh
Harris Pratt
Hartnett Prominski
Humphrey Randell
King Redman
Land Reedy
Martinez, J. M. Robinson

The question recurred on the amendment
Pratt which failed of adoption. The vote was:
Yeas-51
Bassett Caldwell Ducker
Bevis Chappell Eddy
Bird Craig Featherstone
Blalock Culbreath Fortune, E. M
Briggs Davis Gallen

Ryals
Savage
Scarborough
Spicola
Stafford
Stevens
Sweeny
Whitson
Williams

Rowell
Sackett
Sessums
Shadley
Shaw
Singleton
Stallings
Tucker
Tyre
Walker
Wells
Wolfson
Yancey
Yarborough

as offered by Mr.

Gibson
Gorman
Gustafson
. Humphrey
James

33

I

JOURNAL OF THE HOUSE OF REPRESENTATIVES

June 27, 1968

Lindsey
Mattox
McDonald
Miers
Mixson
Nergard
Nichols
Papy
Nays-54
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Beck
Brantley
Campbell
Clark
Crider
D'Alemberte
Danahy
De Young
Dubbin

Poorbaugh
Powell
Pratt
Randell
Redman
Reed
Reedy
Rowell

Elmore
Firestone
Fleece
Fortune, J.
Gautier
Gillespie
Graham
Grange
Grizzle
Harris
Hartnett
Hector
Hodes
Holloway

Tillman
Tucker
Tyre
Wells
Whitson
Yancey
Yarborough

Rude
Rust
Sackett
Savage
Shadley
Shaw
Stallings
Sweeny

Inman
Land
Lewis
Martinez, J.
Matthews
McNulty
Middlemas
Murphy
Myers
Osborne
Pettigrew
Pfeiffer
Prominski
Robinson

Representative Conway was recorded as voting Nay.
Representative Gillespie offered the following amendment:
In Article VI, Section 2, on page 1, line 10, strike "one year"
and insert "two years"
Mr. Gillespie moved the adoption of the amendment which
failed of adoption.
Representative Sackett offered the following amendment:
In Article VI, at end of Section 2, add the following:
Upon reaching the age of an elector, a minor's disabilities
provided by law shall be removed, except when otherwise pro-
vided herein.
Dr. Sackett moved the adoption of the amendment.
The absence of a quorum was suggested. A quorum of 100
Members was present.
The question recurred on the adoption of the amendment
offered by Dr. Sackett which failed of adoption. The vote was:

Yeas-47

Ducker
Fortune, E. M.
Fortune, J.
Gallen
Gautier
Gibson
Gillespie
Gorman
Holloway
Humphrey
Inman
James

King
Lindsey
Martinez, J.
Mattox
Miers
Nergard
Papy
Poorbaugh
Powell
Pratt
Prominski
Rowell

Rust
Sackett
M. Scarborough
Shadley
Shaw
Stafford
Sweeny
Tucker
Tyre
Wells
Yancey

Mr. Speaker Featherstone McDonald Ryals
Alvarez Firestone McNulty Savage
Andrews Fleece Middlemas Schultz
Arnold Graham Murphy Sessums
Baker Grange Myers Singleton
Brantley Grizzle Nichols Smith
Caldwell Gustafson Osborne Spicola
Campbell Harris Pettigrew Stallings
Clark Hartnett Pfeiffer Stevens
Crider Hector Randell Walker
Culbreath Hodes Redman Whitson
Danahy Land Reed Williams
Dubbin Lewis Robinson Wolfson
Eddy Matthews Rude Yarborough
On motion by Mr. Dubbin, the rules were waived and HJR
3-2X was read the third time in full, as follows:
HJR 3-2X-A joint resolution proposing a revision of Article
VI of the Constitution of the State of Florida relating to suffrage
and eligibility.

Be It Resolved by the Legislature of the State of Florida:
That the following proposed revision of Article VI of the
Constitution of the State of Florida is hereby agreed to and shall
be submitted to the electors of this state for ratification or re-
jection at the next general election to be held in November 1968:

ARTICLE VI
SUFFRAGE AND ELECTIONS
Section 1. REGULATION OF ELECTIONS.--All elections
by the people shall be by direct and secret vote. General elec-
tions shall be determined by a plurality of votes cast. Registra-
tion and elections shall, and political party functions may, be
regulated by law.
Section 2. ELECTORS.-Every citizen of the United States
who is at least nineteen years of age and who has been a perma-
nent resident for one year in the state and six months in a
county, if registered as provided by law, shall be an elector of
that county. Provisions may be made by law for other bona fide
residents of the state who are at least nineteen years of age to
vote in the election of presidential electors.
Section 3. OATH.-Each eligible citizen upon registering
shall subscribe the following: "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, and that I
am qualified to register as an elector under the Constitution and
laws of the State of Florida."
Section 4. DISQUALIFICATIONS.-No person convicted of
a felony, or adjudicated in this or any other state to be mentally
incompetent, shall be qualified to vote or hold office until restora-
tion of civil rights or removal of disability.
Seotion 5. GENERAL AND SPECIAL ELECTIONS.-A
general election 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 and county officer,
other than justices and judges, 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. Elections to choose justices and judges, special elections,
and referenda shall be held as provided by law.
Section 6. MUNICIPAL AND DISTRICT ELECTIONS.
Registration and elections in municipalities shall, and in other
governmental entities created by statute may, be provided by
law.
The absence of a quorum was suggested. A quorum of 102
Members was present.
When the vote was taken on the passage of the joint resolu-
tion, the result was:
Yeas-62

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Brantley
Campbell
Clark
Conway
Crider
D'Alemberte
Danahy
Davis
De Young
Dubbin
Eddy
Nays-42
Bassett
Beck
Bevis
Bird
Blalock
Briggs
Caldwell
Chappell
Craig
Culbreath
Ducker

Featherstone
Firestone
Fleece
Fortune, J.
Gautier
Gillespie
Graham
Grange
Grizzle
Harris
Hartnett
Hector
Hodes
Holloway
Inman
Land

Lewis
Matthews
McNulty
Middlemas
Murphy
Myers
Nergard
Osborne
Pettigrew
Pfeiffer
Prominski
Randell
Reed
Robinson
Ryals
Sackett

Fortune, E. M. Miers
Gibson Mixson
Gorman Nichols
Gustafson Papy
Humphrey Poorbaugh
James Powell
King Pratt
Lindsey Redman
Martinez, J. M. Rowell
Mattox Rude
McDonald Rust

Savage
Scarborough
Schultz
Sessums
Singleton
Smith
Spicola
Stevens
Sweeny
Tyre
Walker
Williams
Wolfson
Yarborough

Shadley
Shaw
Stafford
Stallings
Tillman
Tucker
Wells
Whitson
Yancey

34

Ryals
Scarborough
Schultz
M. Sessums
Singleton
Smith
Spicola
Stafford
Stevens
Walker
Williams
Wolfson

Bassett
Beck
Bevis
Bird
Blalock
Briggs
Chappell
Conway
Craig
D'Alemberte
Davis
De Young
Nays-56

Representative Elmore was recorded as voting Yea.
HJR 3-2X failed to pass by the required Constitutional three-
fifths vote of all Members elected to the House.

EXPLANATIONS OF VOTE ON HJR 3-2X
I voted in favor of the question although I oppose any re-
duction in the voting age from age 21. I did so because I am
convinced that this question is one of great interest among the
people of the State of Florida and as such, the people should
have the opportunity to determine, in their new Constitution,
this question.
Representative Donald H. Reed, Jr.

I voted for final passage of HJR 3-2X although I am opposed
to lowering the voting age below 21 years. My reason for voting
Yea was to send the issue to the voters, as it is of sufficient im-
port and interest to require an expression of the electorate. I
will, however, oppose it at the polls.
Representative James R. Eddy
Mr. Reed moved that the House now reconsider the vote by
which HJR 3-2X failed to pass, which was agreed to.
The question recurred on the passage of HJR 3-2X. Pending
roll call-

Adjournment
On motion by Mr. Rowell, the House adjourned at 12:00 Noon
to reconvene at 1:00 P.M. today.

AFTERNOON SESSION
The House was called to order by the Speaker at 1:00 P.M.
The following Members were recorded present:

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Beck
Bevis
Bird
Blalock
Brantley
Briggs
Caldwell
Campbell
Chappell
Clark
Conway
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker
Eddy

Elmore Matthews
Featherstone Mattox
Firestone McDonald
Fleece McNulty
Fortune, E. M. Middlemas
Gallen Miers
Gautier Mixson
Gibson Murphy
Gillespie Myers
Gorman Nergard
Graham Nichols
Grange Osborne
Grizzle Papy
Gustafson Pettigrew
Harris Pfeiffer
Hartnett Poorbaugh
Hector Powell
Hodes Pratt
Holloway Prominski
Humphrey Randell
Inman Redman
James Reed
King Reedy
Land Robinson
Lewis Rowell
Lindsey Rude
Martinez, J. M. Rust

Ryals
Sackett
Savage
Scarborough
Schultz
Shadley
Shaw
Singleton
Smith
Spicola
Stafford
Stallings
Stevens
Sweeny
Tillman
Tucker
Tyre
Walker
Wells
Whitson
Williams
Wolfson
Yancey
Yarborough

Excused: Representative Sessums
A quorum was present.

CONTINUATION OF THE SPECIAL ORDER
HJR 3-2X-A joint resolution proposing a revision of Article
VI of the Constitution of the State of Florida relating to suf-
frage and eligibility.
-was taken up, pending roll call.

35

Representatives Shaw and Reed offered the following amend-
ment:
In Article VI, Section 2, on page 1, on line 9 and on line 14,
strike "nineteen years of age" and on line 9 and on line 14
insert: twenty-one years of age.
Mr. Shaw moved the adoption of the amendment.

Pending consideration thereof-
Representative Gautier offered the following substitute amend-
ment:
In Article VI, at end of Section 2 add the following:
Upon reaching the age of an elector, a minor's disabilities
provided by law shall be removed, except when otherwise pro-
vided herein.
Mr. Gautier moved the adoption of the substitute amendment
which failed of adoption. The vote was:
Yeas-24

Bassett
Crider
D'Alemberte
De Young
Ducker
Fortune, E. M.
Nays-53
Mr. Speaker
Alvarez
Andrews
Arnold
Beck
Bevis
Blalock
Brantley
Briggs
Campbell
Clark
Craig
Culbreath
Danahy

Gautier
Gibson
Gillespie
Gorman
Grange
Holloway

Davis
Dubbin
Elmore
Featherstone
Firestone
Fleece
Grizzle
Gustafson
Harris
Hodes
James
King
Land
Matthews

Humphrey
Lindsey
Miers
Pfeiffer
Poorbaugh
Prominski

Mattox
McDonald
McNulty
Middlemas
Mixson
Murphy
Nichols
Papy
Powell
Randell
Redman
Reed
Robinson
Rude

Rowell
Rust
Sackett
Stafford
Tucker
Tyre

Ryals
Shadley
Shaw
Singleton
Smith
Stallings
Stevens
Sweeny
Walker
Yancey
Yarborough

The question recurred on the adoption of the amendment
offered by Messrs. Shaw and Reed which was adopted by two-
thirds vote.
The question recurred on the passage of HJR 3-2X, as amend-
ed, which now reads as follows:
HJR 3-2X-A joint resolution proposing a revision of Article
VI of the Constitution of the State of Florida relating to suf-
frage and eligibility.
Be It Resolved by the Legislature of the State of Florida:
That the following proposed revision of Article VI of the
Constitution of the State of Florida is hereby agreed to and
shall be submitted to the electors of this state for ratification
or rejection at the next general election to be held in November
1968:
ARTICLE VI
SUFFRAGE AND ELECTIONS
Section 1. REGULATION OF ELECTIONS.-All elections
by the people shall be by direct and secret vote. General elec-
tions shall be determined by a plurality of votes cast. Registra-
tion and elections shall, and political party functions may, be
regulated by law.
Section 2. ELECTORS.-Every citizen of the United States
who is at least twenty-one years of age and who has been a
permanent resident for one year in the state and six months in
a county, if registered as provided by law, shall be an elector
of that county. Provisions may be made by law for other bona
fide residents of the state who are at least twenty-one years of
age to vote in the election of presidential electors.
Section 3. OATH.-Each eligible citizen upon registering
shall subscribe the following: "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, and that I

June 27, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

am qualified to register as an elector under the Constitution
and laws of the State of Florida."
Section 4. DISQUALIFICATIONS.-No person convicted of
a felony, or adjudicated in this or any other state to be mentally
incompetent, shall be qualified to vote or hold office until restora-
tion of civil rights or removal of disability.
Section 5. GENERAL AND SPECIAL ELECTIONS.-A gen-
eral election 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 and county officer,
other than justices and judges, 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. Elections to choose justices and judges, special elections,
and referenda shall be held as provided by law.
Section 6. MUNICIPAL AND DISTRICT ELECTIONS.--
Registration and elections in municipalities shall, and in other
governmental entities created by statute may, be provided by
law.
The absence of a quorum was suggested. A quorum of 82
Members was present.

When the vote was taken on the passage
tion, as amended, the result was:
Yeas-84

Ducker
Elmore
Featherstone
Firestone
Fleece
Fortune, E. M.
Gibson
Gillespie
Gorman
Graham
Grange
Gustafson
Harris
Hector
Hodes
Holloway
Humphrey
James
King
Land
Lewis

Grizzle
Inman
Martinez, J. M.

Lindsey
Matthews
Mattox
McDonald
McNulty
Middlemas
Miers
Mixson
Murphy
Myers
Nergard
Nichols
Osborne
Papy
Pettigrew
Pfeiffer
Poorbaugh
Powell
Randell
Redman
Reed

Pratt
Tillman
Tyre

of the joint resolu-

Robinson
Rowell
Rude
Rust
Ryals
Sackett
Scarborough
Shadley
Shaw
Singleton
Smith
Spicola
Stafford
Stallings
Stevens
Sweeny
Tucker
Walker
Whitson
Yancey
Yarborough

Williams

Representatives Baker, Eddy, Reedy and Wolfson were re-
corded as voting Yea, and Representative Chappell changed his
vote from Nay to Yea.
HJR 3-2X passed by the required Constitutional three-fifths
vote of all Members elected to the House and was ordered
immediately certified to the Senate, after engrossment.

ENGROSSING REPORT
June 27, 1968
Your Engrossing Clerk to whom was referred-
HJR 3-2X
-with amendment, reports the amendment has been incor-
porated and the joint resolution is herewith returned.
-and the joint resolution was ordered immediately certified
to the Senate.

CONTINUATION OF THE SPECIAL ORDER
HJR 4-2X-A joint resolution proposing a revision of Article
VIII of the Constitution of the State of Florida relating to
counties and cities.

June 27, 1968

-was taken up.
On motion by Mr. Dubbin, the rules were waived and HJR 4-2X
was read the second time by title.
Representative Reed offered the following amendment:
In Article VIII, Section 1, on page 2, line 13, strike "the" and
insert "such" and in line 14, strike "except" and "otherwise"
Mr. Reed moved the adoption of the amendment which failed
of adoption. The vote was:
Yeas-50

Mr. Speaker
Bassett
Beck
Bevis
Bird
Blalock
Caldwell
Campbell
Chappell
De Young
Ducker
Eddy
Elmore
Nays-50
Alvarez
Andrews
Arnold
Baker
Brantley
Briggs
Clark
Conway
Craig
Crider
Culbreath
D'Alemberte
Danahy

Fleece
Fortune, E. M.
Fortune, J.
Gallen
Gibson
Gorman
Grizzle
Gustafson
Humphrey
Inman
James
King
Lindsey

Davis
Dubbin
Featherstone
Firestone
Gautier
Graham
Grange
Harris
Hartnett
Hector
Hodes
Holloway
Land

Martinez, J. M. Reed
Mattox Robinson
McDonald Rowell
McNulty Rude
Mixson Rust
Murphy Shadley
Nergard Stafford
Osborne Tyre
Papy Whitson
Poorbaugh Williams
Powell Yancey
Pratt
Prominski

Lewis
Matthews
Middlemas
Miers
Myers
Pettigrew
Pfeiffer
Randell
Redman
Ryals
Sackett
Schultz
Shaw

Singleton
Smith
Spicola
Stevens
Sweeny
Tillman
Tucker
Walker
Wells
Wolfson
Yarborough

"PAIR VOTE
I am paired with Representative Sessums. If he were present,
he would have voted Nay and I would have voted Yea on the
adoption of the amendment.
Representative John J. Savage

Representative Eddy offered the following amendment:
In Article VIII, Section 1, strike subsection (f) and insert
the following:
(f) NON-CHARTER GOVERNMENT. Counties not oper-
ating under county charters shall have the power of self-
government except as otherwise provided by general or special
law. The board of county commissioners of a county not operat-
ing under a charter may enact, in a manner prescribed by gen-
eral law, county ordinances not inconsistent with law, but such
ordinance shall not be effective in any municipality without
the consent of its governing body.
Mr. Eddy moved the adoption of the amendment which was
adopted. The vote was:
Yeas-57

Alvarez
Arnold
Baker
Bassett'
Beck
Bird
Briggs
Caldwell
Campbell
Clark
Conway
Craig
Culbreath
Davis
De Young

Dubbin
Ducker
Eddy
Featherstone
Fleece
Fortune, E. M.
Gallen
Gibson
Gorman
Grizzle
Gustafson
Hector
Hodes
Humphrey
James

King Rust
Lindsey Ryals
Martinez, J. M. Savage
Middlemas Schultz
Murphy Shadley
Osborne Smith
Papy Spicola
Poorbaugh Stafford
Powell Stevens
Pratt Sweeny
Prominski Whitson
Redman Wolfson
Reed
Robinson
Rude

36

Mr. Speaker
Alvarez
Andrews
Arnold
Bassett
Beck
Bevis
Blalock
Brantley
Briggs
Caldwell
Campbell
Clark
Conway
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
Dubbin
Nays-10
Chappell
De Young
Gautier

June 27, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Nays-31
Mr. Speaker
Brantley
Chappell
Crider
D'Alemberte
Elmore
Firestone
Gautier

Graham
Grange
Harris
Hartnett
Holloway
Inman
Lewis
Matthews

McDonald
McNulty
Miers
Myers
Pettigrew
Pfeiffer
Randell
Shaw

Singleton
Tucker
Tyre
Walker
Wells
Yancey
Yarborough

Representative E. Fortune changed his vote from Yea to Nay.
Mr. Reed moved that the House now reconsider the vote by
which his amendment to Article VIII, Section 1, lines 13 and
14, failed of adoption.
Pending consideration thereof-

Recess
On motion by Mr. Dubbin, the House stood in informal recess
at 2:30 P.M. to reconvene upon the call of the Speaker.

Reconvened
The House was called to order by the Speaker at 3:18 P.M.
A quorum was present.
The question recurred on the motion by Mr. Reed to re-
consider the vote by which his amendment to Article VIII,
Section 1, lines 13 and 14, failed of adoption.
The absence of a quorum was suggested. A quorum of 102
Members was present.
The motion to reconsider Mr. Reed's amendment was agreed
to. The vote was:
Yeas-68

Mr. Speaker
Alvarez
Andrews
Arnold
Bassett
Beck
Bevis
Bird
Blalock
Brantley
Caldwell
Campbell
Clark
Craig
Davis
De Young
Ducker
Nays-35
Baker
Briggs
Conway
Crider
Culbreath
D'Alemberte
Danahy
Dubbin
Featherstone

Eddy
Elmore
Fleece
Fortune, E. M.
Fortune, J.
Gallen
Gautier
Gibson
Gillespie
Gorman
Grizzle
Gustafson
Humphrey
Inman
James
King
Lindsey

Firestone
Graham
Grange
Harris
Hartnett
Hector
Hodes
Holloway
Land

Martinez, J. M. Rude
Mattox Rust
McDonald Savage
McNulty Schultz
Mixson Shadley
Murphy Shaw
Nergard Smith
Osborne Stafford
Papy Stallings
Pfeiffer Sweeny
Poorbaugh Tillman
Powell Tyre
Prominski Walker
Randell Wells
Reed Whitson
Robinson Williams
Rowell Yancey

Lewis
Matthews
Middlemas
Miers
Myers
Nichols
Pettigrew
Redman
Ryals

Sackett
Scarborough
Singleton
Spicola
Stevens
Tucker
Wolfson
Yarborough

Representative Chappell was recorded as voting Yea.
The question then recurred on the adoption of Mr. Reed's
amendment which was adopted. The vote was:
Yeas-64

Mr. Speaker
Alvarez
Andrews
Arnold
Bassett

Bevis
Bird
Blalock
Briggs
Caldwell

Campbell
Clark
Conway
Craig
Davis

De Young
Ducker
Eddy
Elmore
Fleece

Fortune, E. M.
Fortune, J.
Gallen
Gibson
Gillespie
Gorman
Gustafson
Humphrey
Inman
James
King
Nays-36
Baker
Brantley
Crider
Culbreath
D'Alemberte
Danahy
Dubbin
Featherstone
Firestone

Lindsey Powell
Martinez, J. M. Prominski
Mattox Randell
McDonald Reed
McNulty Robinson
Mixson Rowell
Murphy Rude
Nergard Rust
Osborne Schultz
Papy Shadley
Poorbaugh Shaw

Gautier
Graham
Grange
Harris
Hartnett
Hector
Hodes
Holloway
Land

Representatives Chappell
Yea.

Lewis
Matthews
Middlemas
Miers
Myers
Nichols
Pettigrew
Pfeiffer
Redman

37

Smith
Stafford
Stallings
Sweeny
Tillman
Tyre
Walker
Wells
Whitson
Williams
Yancey

Ryals
Sackett
Scarborough
Singleton
Spicola
Stevens
Tucker
Wolfson
Yarborough

and Reedy were recorded as voting

PAIR VOTE
I am paired with Representative Sessums. If he were present,
he would have voted Nay and I would have voted Yea on the
adoption of the amendment.
Representative John J. Savage

EXPLANATION OF VOTE ON MR. REED'S
AMENDMENT AFTER RECONSIDERATION
I believe that the county governments of the state should be
given the power of self-government subject to limitations im-
posed by general or special law. However, it appeared from
previous votes on this amendment proposed by Mr. Reed that
unless this amendment is adopted, the necessary vote to place
HJR 4-2X (Art. VIII) on the ballot could not be obtained. The
other revisions of Art. VIII contained in this resolution are too
important to fail because of this one issue. Broad powers of
self-government can be conferred on counties by general or
local law if Mr. Reed's amendment becomes a part of the
Constitution.
Representative Bill Andrews
Mr. Davis moved that the House now reconsider the vote by
which the amendment offered by Mr. Eddy to Article VIII,
Section 1, subsection (f), was adopted.
Mr. Rude moved that the motion to reconsider be laid on
the table, which was not agreed to. The vote was:
Yeas-28

Bassett
Bird
Briggs
Caldwell
De Young
Ducker
Eddy
Nays-70
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Beck
Bevis
Blalock
Brantley
Campbell
Clark
Conway
Craig
Crider
D'Alemberte
Danahy
Davis
Dubbin

Fortune, J.
Gallen
Gibson
Gorman
Grizzle
Humphrey
James

Elmore
Featherstone
Firestone
Fortune, E. M.
Gautier
Gillespie
Graham
Grange
Harris
Hartnett
Hector
Hodes
Holloway
Inman
King
Land
Lewis
Mattox

Lindsey
Martinez, J.
McDonald
Miers
Murphy
Poorbaugh
Powell

McNulty
Middlemas
Mixson
Myers
Nergard
Nichols
Osborne
Papy
Pettigrew
Pfeiffer
Randell
Redman
Robinson
Ryals
Sackett
Savage
Scarborough
Schultz

Pratt
M. Prominski
Reed
Rude
Rust
Shadley
Singleton

Shaw
Smith
Spicola
Stafford
Stallings
Stevens
Sweeny
Tillman
Tucker
Tyre
Walker
Whitson
Williams
Wolfson
Yancey
Yarborough

JOURNAL OF THE HOUSE OF REPRESENTATIVES

June 27, 1968

The question recurred on the motion to reconsider Mr. Eddy's
amendment, which was agreed to. The vote was:
Yeas-71

Elmore
Featherstone
Firestone
Fortune, E. M.
Gautier
Gillespie
Graham
Grange
Harris
Hartnett
Hector
Hodes
Holloway
Inman
Land
Lewis
Mattox
McDonald

McNulty
Middlemas
Mixson
Myers
Nergard
Nichols
Osborne
Papy
Pettigrew
Pfeiffer
Randell
Redman
Robinson
Ryals
Sackett
Savage
Scarborough
Schultz

Shaw
Singleton
Smith
Spicola
Stafford
Stallings
Stevens
Sweeny
Tillman
Tucker
Tyre
Walker
Whitson
Williams
Wolfson
Yancey
Yarborough

Bassett Gallen King Prominski
Bird Gibson Lindsey Reed
Caldwell Gorman Martinez, J. M. Rude
Campbell Grizzle Miers Rust
Ducker Gustafson Murphy Shadley
Eddy Humphrey Poorbaugh
Fortune, J. James Powell
The question then recurred on the adoption of Mr. Eddy's
amendment to Article VIII, Section 1, subsection (f), which
failed of adoption. The vote was:
Yeas-40

Fortune, J.
Gallen
Gibson
Gorman
Grizzle
Gustafson
Humphrey
James
King
Lindsey

Elmore
Featherstone
Firestone
Fortune, E. M.
Gautier
Gillespie
Graham
Grange
Harris
Hartnett
Hector
Hodes
Holloway
Inman
Land

Martinez, J. M. Rowell
Mattox Rude
Murphy Rust
Osborne Savage
Poorbaugh Shadley
Powell Smith
Pratt Stafford
Prominski Stallings
Reed Wells
Robinson Williams

Lewis
McDonald
McNulty
Middlemas
Miers
Mixson
Myers
Nichols
Papy
Pettigrew
Pfeiffer
Randell
Redman
Reedy
Ryals

Sackett
Scarborough
Schultz
Shaw
Singleton
Spicola
Stevens
Tillman
Tucker
Tyre
Walker
Whitson
Wolfson
Yancey
Yarborough

Mr. Sweeny moved the adoption of the amendment which was
adopted.
Representative Featherstone offered the following amend-
ment:
In Article VIII, Section 1, on page 2, line 18, after the word
"with" insert the words "general or special"
Mr. Featherstone moved the adoption of the amendment
which was adopted.
Representative Smith offered the following amendment:
In Article VIII, Section 1, on page 3, line 13, after "county
officers" strike the period and insert the following: and the
district superintendent of schools.

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Beck
Bevis
Blalock
Brantley
Briggs
Clark
Conway
Craig
Crider
D'Alemberte
Danahy
Davis
Dubbin
Nays-26

Alvarez
Arnold
Baker
Beck
Bevis
Blalock
Brantley
Campbell
Chappell
Clark
Conway

Nays-54

Mr. Speaker
Andrews
Bassett
Bird
Briggs
Caldwell
Crider
Culbreath
D'Alemberte
Danahy
Davis
Dubbin
Ducker
Eddy

Craig
De Young
Elmore
Featherstone
Fleece
Fortune, E. M.
Gallen
Gillespie
Grizzle
Humphrey
Inman

Firestone
Fortune, J.
Gautier
Gibson
Gorman
Grange
Gustafson
Harris
Hector
Hodes
James
King
Land
Lewis

Mattox
McDonald
Mixson
Nergard
Papy
Pratt
Randell
Reedy
Rowell
Savage
Schultz

Lindsey
McNulty
Middlemas
Murphy
Myers
Nichols
Pettigrew
Pfeiffer
Powell
Prominski
Redman
Reed
Robinson
Rude

amendment which

Shaw
Smith
Stallings
Sweeny
Tyre
Walker
Williams
Yancey
Yarborough

Rust
Ryals
Scarborough
Shadley
Singleton
Spicola
Stafford
Stevens
Tillman
Wells
Whitson
Wolfson

Representative Graham was recorded as voting Nay.
Representatives Bevis, Papy, Chappell, Tillman, Mattox, Stall-
ings and Grange offered the following amendment:

In Article VIII, Section 1, on page 1, line 20, strike "; except,
when provided by county charter or special law approved by
vote of the electors of the county, any county officer may be
chosen in another manner therein specified, or any county office
may be abolished when all the duties of the office prescribed
by general law are transferred to another office." and insert
a period following the word, "court".

Mr. Bevis moved the adoption of the amendment which was
adopted. The vote was:
Yeas-59

Representative Sweeny offered the following amendment:

In Article VIII, Section 1, on page 2, line 8, between the
words "into" and "districts" add: five

Mr. Sweeny moved the adoption of the amendment which was
adopted.

Representative Sweeny offered the following amendment:

In Article VIII, Section 1, page 2, subsection (e), line 10,
following "practicable" strike the period and the following
sentence and insert a semicolon and the following: a commis-
sioner, who resides in the district, shall be elected by the elec-
tors of the county.

Alvarez
Arnold
Bassett
Beck
Bevis
Blalock
Brantley
Caldwell
Campbell
Chappell
Conway
Craig
Crider
De Young
Ducker

Elmore
Fleece
Fortune, E. M.
Fortune, J.
Gallen
Gibson
Gorman
Grange
Grizzle
Gustafson
Humphrey
Inman
James
King
Lindsey

38

Mr. Smith moved the adoption of the-
failed of adoption. The vote was:
Yeas-42

Bassett
Beck
Bird
Briggs
Caldwell
Campbell
Craig
De Young
Ducker
Eddy

Nays-60
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bevis
Blalock
Brantley
Clark
Conway
Crider
D'Alemberte
Danahy
Davis
Dubbin

Mattox
McDonald
McNulty
Miers
Mixson
Murphy
Nichols
Osborne
Papy
Poorbaugh
Powell
Pratt
Randell
Reed
Robinson

Rowell
Rust
Scarborough
Shadley
Shaw
Smith
Stallings
Stevens
Tillman
Tucker
Tyre
Walker
Whitson
Williams

JOURNAL OF THE HOUSE

Nays-35
Mr. Speaker Featherstone Lewis Savage
Andrews Firestone Matthews Schultz
Baker Gautier Middlemas Spicola
Briggs Graham Myers Stafford
D'Alemberte Harris Pettigrew Sweeny
Danahy Hartnett Pfeiffer Wolfson
Davis Hector Prominski Yancey
Dubbin Hodes Redman Yarborough
Eddy Holloway Rude
Representatives Clark and Nergard were recorded as voting
Yea. Representative Stafford changed his vote from Nay to Yea.
Representative Brantley offered the following amendment:
In Article VIII, Section 1(e), on page 2, line 11, strike "coun-
ty" and insert "district"
Mr. Brantley moved the adoption of the amendment which
failed of adoption.
Representative Pratt offered the following amendment:
In Article VIII, Section 1(a), page 1, line 7, strike "law"
and insert "constitutional amendment"
Mr. Pratt moved the adoption of the amendment which failed
of adoption.
Representative Pratt offered the following amendment:

June 27, 1968

E OF REPRESENTATIVES 39

In Article VIII, Section 3, on page 4, line 7, strike "The"
and insert the following: By the method provided herein, the
Mr. Pratt moved the adoption of the amendment which was
adopted.
Representative Smith offered the following amendment:
In Article VIII, Section 1, on page 3, lines 12 and 13, strike
"at which shall be located the principal offices and permanent
records of all county officers." and add a period.
Mr. Smith moved the adoption of the amendment which failed
of adoption.
Representative Reed offered the following amendment:
In Article VIII, Section 2, on page 3, line 31, strike "except as
otherwise provided by law." and insert the following: as provided
by general law.
Mr. Reed moved the adoption of the amendment.
Pending consideration thereof-

Adjournment
On motion by Mr. Rowell, the House adjourned at 4:35 P.M.
to reconvene at 9:30 A.M. tomorrow.

THE JOURNAL OF THE FLORIDA

House of Representatives

PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]
SPECIAL SESSION

FRIDAY, JUNE 28, 1968

The House was called to order by the Speaker at 9:30 A.M.
The following Members were recorded present:

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Beck
Bevis
Bird
Blalock
Brantley
Briggs
Brower
Campbell
Chappell
Clark
Conway
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker

Eddy
Elmore
Featherstone
Firestone
Fleece
Fortune, E. M.
Fortune, J.
Gautier
Gibson
Gillespie
Gorman
Graham
Grange
Gustafson
Harris
Hector
Hodes
Holloway
Humphrey
Inman
James
King
Land
Lewis
Lindsey
Martinez, J. M.

Matthews
Mattox
McDonald
McNulty
Middlemas
Miers
Mixson
Murphy
Myers
Nergard
Nichols
Osborne
Papy
Pettigrew
Pfeiffer
Poorbaugh
Powell
Pratt
Prominski
Randell
Redman
Reed
Reedy
Robinson
Rowell
Rude

Rust
Ryals
Sackett
Savage
Scarborough
Schultz
Sessums
Shadley
Singleton
Smith
Spicola
Stafford
Stallings
Stevens
Sweeny
Tillman
Tucker
Tyre
Walker
Wells
Whitson
Williams
Wolfson
Yancey
Yarborough

Excused: Representatives Crabtree, Gallen, Gissendanner,
Grizzle, Hartnett, Kennelly, E. Martinez, McKinley, Reeves,
Register, and Shaw.
A quorum was present.

Prayer
Prayer by the Honorable Leon N. McDonald, Sr.:
Dear Heavenly Father, we are grateful for the night's
rest, and for the opportunity to begin our day in prayer
with Thee. Our Father, we realize that we can be nothing,
or do nothing, without Thee, and we beg this morning that
You will give unto us wisdom as is needed. As we begin our
work day, bless us and guide us, and may the things that
we do or say be pleasing and acceptable in Thy sight. We
ask in Christ's name. Amen.

The Journal
The Journal of June 27 was ordered corrected and approved
as follows: On page 34, column 2, line 4 from top, strike "if"
and insert "of", and in the Nay votes at the bottom of column
2, insert "Papy". On page 38, column 2, line 6 from top, after
"general" strike the quote and insert "or special", and in line
21 from bottom, after "duties" insert "of the office".

Co-introducers
Representative Rust was given permission to be recorded as
a co-introducer of HB's 37-2X and 38-2X. Representative Nichols
was given permission to be recorded as a co-introducer of HB
38-2X.

INTRODUCTION AND REFERENCE
By Representatives De Young, Humphrey, Poorbaugh, Rust,
James, and Reed-
HB 41-2X-A bill to be entitled An act to amend chapter
24792, Laws of Florida, Special Acts of 1947, relating to the
Town of Palm Beach Shores, Palm Beach county, Florida, by
providing to delete negotiable coupon; providing for six (6%)
per centum per annum; providing for a referendum.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representatives De Young, Humphrey, James, Rust, Reed
and Poorbaugh-
HB 42-2X-A bill to be entitled An act amending Subsection
145.08(43), Florida Statutes; providing for annual compensa-
tion of Martin county officer; repealing Chapter 65-936, Laws
of Florida; providing an effective date.
-was placed temporarily in the Committee on Rules and
Calendar.
By Representatives Rust, Bassett, Bird, Brower, Caldwell,
Campbell, Davis, De Young, Ducker, Eddy, Fleece, J. Fortune,
Gibson, Gorman, Grizzle, Gustafson, Humphrey, James, King,
Lindsey, J. Martinez, McNulty, Murphy, Nergard, Osborne,
Pfeiffer, Poorbaugh, Powell, Prominski, Robinson, Rude, Savage,
Shadley, Stafford, Tillman, and Whitson-
HB 43-2X-A bill to be entitled An act relating to affrays and
riots; prohibiting the inciting, urging, or instigating of a riot
or encouraging other persons to riot; the organizing or pro-
moting of a riot; the engaging in or carrying on of a riot and
the engaging in or carrying on of a riot while armed with a
firearm, molotov cocktail, fire bomb or other incendiary device
or any other deadly weapon, or the committing of acts of
violence in furtherance of a riot; amending section 870.01(2),
Florida Statutes, and adding subsection (3) to said section;
providing punishment; providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.
By Representatives Gautier and Firestone-
HB 44-2X-A bill to be entitled An act relating to wire tap-
ping and electronic surveillance; prohibiting interception and
disclosure of wire or oral communications or the manufacture,
distribution or possession of wire or oral communication inter-
cepting devices by unauthorized persons and prescribing crim-
inal penalties and confiscation of equipment therefore; prohibit-
ing use as evidence of unauthorized intercepted wire or oral
communications; providing for authorization of interception,
disclosure and use as evidence of legally intercepted wire or
oral communications; establishing procedure for such intercep-
tion; creating civil liability and specifying damages for illegal
use of wire tap or electronic listening device; providing an ef-
fective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Powell and Davis-
HB 45-2X-A bill to be entitled An act relating to firearms;
amending section 790.07, Florida Statutes, to delete firearms;
amending chapter 790, Florida Statutes, by adding section

40

790.075 to provide mandatory imprisonment for possession of
firearms during commission or attempted commission of a
felony.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Powell, Pfeiffer, Davis, and McNulty-
HM 46-2X-A Memorial to the President of the United States
of America and to the Congress of the United States urging
action to secure return of the U.S.S. Pueblo.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Savage, Stafford, and Robinson-
HB 47-2X-A bill to be entitled An act relating to school
finance and taxation; amending section 236.251(2), Florida Stat-
utes, to redefine current operating budget; providing an effec-
tive date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

MESSAGES FROM THE SENATE
The Honorable Ralph D. Turlington June 27, 1968
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed as amended by the required Constitutional
three-fifths vote of all members elected to the Senate-
By Senator Mathews and others-
SJR 2-2X-A joint resolution proposing a revision of portions
of the Constitution of the State of Florida, excepting therefrom
revision of Articles V, VI, and VIII.
and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate

SJR 2-2X, contained in the above message, was read the first
time in full and referred to the Committee on Constitutional
Revision.
June 27, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed by the required Constitutional three-
fifths vote of all members elected to the Senate-

By Senators Mathews and Spencer-
SJR 4-2X-A joint resolution proposing a revision of Article
VI of the Constitution of the State of Florida relating to
suffrage and eligibility.
and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
SJR 4-2X, contained in the above message, was read the first
time in full and referred to the Committee on Constitutional
Revision.
June 28, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

I am directed to inform the House of Representatives that
the Senate has passed as amended by the required Constitutional
three-fifths vote of all members elected to the Senate-

41

By Senators Mathews and Spencer-
SJR 5-2X-A joint resolution proposing a revision of Article
VIII of the Constitution of the State of Florida relating to
counties and cities.
and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
SJR 5-2X, contained in the above message, was read the first
time in full and referred to the Committee on Constitutional
Revision.
June 26, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and adopted-

By Senator Thomas and others-
SM 15-2X-A memorial to the congress of the United States
requesting emergency funds for the four-laning of State Road
80.
and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
SM 15-2X was placed temporarily in the Committee on Rules
& Calendar.
June 26, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required two-thirds vote and adopted-

By Senators Lane and Askew-
SM 17-2X-A memorial to the President and the Congress
of the United States proposing an amendment of the Federal
Social Security Act.
and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
SM 17-2X was placed temporarily in the Committee on Rules
& Calendar.
The Honorable Ralph D. Turlington June 27, 1968
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and passed-

By Senator Askew-
SB 19-2X-A bill to be entitled An act relating to the state
university system under the board of regents; amending sec-
tion 243.03, Florida Statutes relating to the issuance of revenue
certificates; raising the ceiling on interest rates; providing an
effective date.
and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate

SB 19-2X was placed temporarily in the Committee on Rules
& Calendar.

June 28, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

June 28, 1968

Report of the Committee on Rules & Calendar
June 27, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
Your Committee on Rules & Calendar herewith submits, as
the Special Order Calendar under Rule 8.16 for Friday, June 28,
1968, the consideration of the following bills together with
their companion measures:
HJR 4-2X HJR 5-2X
HJR 2-2X
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar
On motion by Mr. Rowell, the above report was adopted.

CONSIDERATION OF THE SPECIAL ORDER
HJR 4-2X-A joint resolution proposing a revision of Article
VIII of the Constitution of the State of Florida relating to
counties and cities.
-was taken up, having been read the second time on June 27
and now pending on an amendment offered by Mr. Reed.
Without objection, Mr. Reed withdrew the pending amend-
ment.
Representative King offered the following amendment:
In Article VIII, Section 3, on page 4, line 14, strike ", or of the
county and municipalities affected as may be provided in the
plan." and insert the following: and of the municipalities af-
fected.
Mr. King moved the adoption of the amendment which failed
of adoption. The vote was:
Yeas-32

Bevis
Bird
Brower
Campbell
Craig
De Young
Ducker
Eddy
Nays-53
Mr. Speaker
Alvarez
Arnold
Baker
Bassett
Brantley
Briggs
Clark
Conway
Crider
Culbreath
Danahy
Davis
Dubbin

Elmore
Gibson
Gorman
Gustafson
Humphrey
Inman
James
King

Featherstone
Firestone
Fleece
Gautier
Gillespie
Graham
Grange
Harris
Hector
Hodes
Holloway
Land
Lewis
Matthews

Lindsey Reedy
Martinez, J. M. Robinson
Mattox Rude
McDonald Rust
Miers Shadley
Poorbaugh Tucker
Powell Tyre
Pratt Williams

McNulty
Middlemas
Murphy
Myers
Nichols
Pettigrew
Pfeiffer
Prominski
Randell
Redman
Reed
Sackett
Savage
Scarborough

Sessums
Singleton
Spicola
Stallings
Sweeny
Tillman
Walker
Whitson
Wolfson
Yancey
Yarborough

Representative King offered the following amendment:
In Article VIII, Section 3, on page 4, line 11, strike the period
following "municipalities" and insert the following: thereby
consolidated.
Mr. King moved the adoption of the amendment which was
adopted.

Mr. Reed moved that the House now reconsider the vote by
which the following amendment by Mr. Bevis and others was
adopted yesterday:

In Article VIII, Section 1, on page 1, line 20, strike ; except,
when provided by county charter or special law approved by
vote of the electors of the county, any county officer may be
chosen in another manner therein specified, or any county
office may be abolished when all the duties of the office pre-
scribed by general law are transferred to another office." and
insert a period following the word, "court"
Mr. Tyre moved that the motion to reconsider be laid on the
table, which was not agreed to. The vote was:
Yeas-33

Alvarez
Bassett
Brantley
Brower
Campbell
Chappell
Crider
De Young
Ducker
Nays-59
Mr. Speaker
Andrews
Arnold
Baker
Bird
Briggs
Clark
Conway
Culbreath
D'Alemberte
Danahy
Davis
Dubbin
Eddy
Elmore

Grange
Humphrey
Inman
Lindsey
Mattox
McDonald
McNulty
Miers
Mixson

Featherstone
Firestone
Fleece
Gautier
Gibson
Gillespie
Gorman
Graham
Gustafson
Harris
Hector
Hodes
Holloway
James
King

The question recurred on the
agreed to. The vote was:
Yeas-59

Mr. Speaker
Andrews
Baker
Bird
Briggs
Brower
Clark
Conway
Culbreath
D'Alemberte
Danahy
Davis
Dubbin
Eddy
Feather'stone
Nays-34
Alvarez
Arnold
Bassett
Brantley
Campbell
Chappell
Craig
Crider
De Young

Firestone
Fleece
Gautier
Gillespie
Gorman
Graham
Gustafson
Harris
Hector
Hodes
Holloway
James
Land
Lewis
Martinez, J.

Ducker
Elmore
Gibson
Grange
Humphrey
Inman
King
Lindsey
Mattox

Nergard
Poorbaugh
Powell
Pratt
Reedy
Robinson
Rowell
Scarborough
Shadley

Land
Lewis
Martinez, J. M.
Matthews
Middlemas
Murphy
Myers
Nichols
Pettigrew
Pfeiffer
Prominski
Randell
Redman
Reed
Rude

Stafford
Stallings
Tillman
Tucker
Tyre
Williams

Rust
Ryals
Sackett
Savage
Schultz
Sessums
Singleton
Spicola
Sweeny
Walker
Whitson
Wolfson
Yancey
Yarborough

motion to reconsider, which was

Matthews
Middlemas
Murphy
Myers
Nichols
Pettigrew
Pfeiffer
Prominski
Randell
Redman
Reed
Reedy
Robinson
Rowell
M. Rude

McDonald
McNulty
Miers
Mixson
Nergard
Poorbaugh
Powell
Pratt
Scarborough

Rust
Ryals
Sackett
Savage
Schultz
Sessums
Singleton
Spicola
Sweeny
Walker
Whitson
Wolfson
Yancey
Yarborough

Shadley
Stafford
Stallings
Tillman
Tucker
Tyre
Williams

The question now recurred on the adoption of the amend-
ment. Pending consideration thereof-
Representatives Dubbin and Whitson offered the following
substitute amendment:
In Article VIII, Section l(d), on page 1, line 21, strike "or
special law"
Mr. Dubbin moved the adoption of the substitute amendment
which was adopted.
Representative Sweeny offered the following amendment:
In Article VIII, Section 4, on page 4, lines 27 and 28 strike

42

JOURNAL OF THE HOU

"approval of the governing body of the transferee" and insert
the following: approval by vote of the elector of the transferee
Mr. Sweeny moved the adoption of the amendment.
Pending consideration thereof-
Representative Myers offered the following substitute amend-
ment:
In Article VIII, Section 4, on page 4, strike the section and
insert the following: Section 4. Transfer of powers.-By law
or by resolution of the governing bodies of each of the govern-
ments affected, any functions or powers of a local government
unit may be transferred to or contracted to be performed by
another local government unit, after approval by vote of the
electors of the transferor and approval of the governing body
of the transferee, or as otherwise provided by general law.
"Local government unit" as used herein shall mean a county,
a municipality, or a special district.
Mr. Myers moved the adoption of the substitute amendment.
Pending consideration thereof-
Representative Sweeny offered the following amendment to
the substitute amendment:
In line 9, strike "of the governing body of" and insert the
following: by vote of the electors of
Mr. Sweeny moved the adoption of the amendment to the
substitute amendment which was adopted.
Representative Pettigrew offered the following amendment
to the substitute amendment:
In line 11, strike "general"
Mr. Pettigrew moved the adoption of the amendment to the
substitute amendment which was adopted.
The question recurred on the adoption of the substitute
amendment, as amended, which was adopted.
Representative J. Martinez offered the following amendment:
In Article VIII, Section 4, on page 4, insert the following at
the end of the section: Surplus funds of any special taxing
district on hand at the end of any fiscal year shall be returned
to the general revenue fund of the county in which the district
is located.
Mr. J. Martinez moved the adoption of the amendment which
failed of adoption.
Representative King offered the following amendment:
In Article VIII, Section 4, on page 4, line 20, strike all of
section 4 and renumber following sections.
Mr. King moved the adoption of the amendment which failed
of adoption.
On motion by Mr. Dubbin, the rules were waived and HJR
4-2X, as amended, was read the third time in full, as follows:
HJR 4-2X-A joint resolution proposing a revision of Article
VIII of the Constitution of the State of Florida relating to
counties and cities.
Be It Resolved by the Legislature of the State of Florida:
That the following proposed revision of Article VIII of the
Constitution of the State of Florida is hereby agreed to and
shall be submitted to the electors of this state for ratification
or rejection at the next general election to be held in Novem-
ber 1968:

ARTICLE VIII
LOCAL GOVERNMENT
Section 1. CO UNTIES.-
(a) POLITICAL SUBDIVISIONS. The state shall be di-
vided by law into political subdivisions called counties. Counties
may be created, abolished or changed by law, with provision for
payment or apportionment of the public debt.

(b) COUNTY FUNDS. The care, custody and method of
disbursing county funds shall be provided by general law.

June 28, 1968

ipal purposes except as otherwise provided by law. Each mu-
nicipal legislative body shall be elective.
(c) ANNEXATION. Municipal annexation of unincor-
porated territory, merger of municipalities, and exercise of
extra-territorial powers by municipalities shall be as provided
by general or special law.

SE OF REPRESENTATIVES 43

(c) GOVERNMENT. Pursuant to general or special law
a county government may be established by charter which shall
be adopted, amended or repealed only upon vote of the electors
of the county in a special election called for that purpose.
(d) COUNTY OFFICERS. There shall be elected by the
electors of each county, for terms of four years, a sheriff, a
tax collector, a tax assessor, a supervisor of elections, and a
clerk of the circuit court; except, when provided by county
charter approved by vote of the electors of the county, any
county officer may be chosen in another manner therein speci-
fied, or any county office may be abolished when all the duties
of the office prescribed by general law are transferred to an-
other office. When not otherwise provided by county charter
or special law approved by vote of the electors, the clerk of the
circuit court shall be ex officio clerk of the board of county
commissioners, auditor, recorder, and custodian of all county
funds. In each magistrates court district the office of constable
with a term of four years may be established or abolished by
county charter or law approved by vote of the electors.
(e) COMMISSIONERS. Except when otherwise provided by
county charter, the governing body of each county shall be a
board of county commissioners composed of five members serv-
ing staggered terms of four years. After each decennial census
the board of county commissioners shall divide the county into
five districts of contiguous territory as nearly equal in popula-
tion as practicable; a commissioner, who resides in the district,
shall be elected by the electors of the county.
(f) NON-CHARTER GOVERNMENT. Counties not operat-
ing under county charters shall have such power of self-govern-
ment provided by general or special law. The board of county
commissioners of a county not operating under a charter may
enact, in a manner prescribed by general law, county ordinances
not inconsistent with general or special law, but an ordinance
in conflict with a municipal ordinance shall not be effective
within the municipality to the extent of such conflict.
(g) CHARTER GOVERNMENT. Counties operating under
county charter shall have all powers of local self-government not
inconsistent with general law, or with special law approved by
vote of the electors. The legislative body of a county operating
under a charter may enact county ordinances not inconsistent
with general law. The charter shall provide which shall prevail
in the event of conflict between county and municipal ordi-
nances.
(h) TAXES-LIMITATION. Property situate within mu-
nicipalities shall not be subject to taxation for services rendered
by the county exclusively for the benefit of the property or
residents in unincorporated areas.
(i) COUNTY ORDINANCES. Each county ordinance shall
be filed with the secretary of state and shall become effective
at such time thereafter as fixed by general law.
(j) VIOLATION OF ORDINANCES. Persons violating
county ordinances shall be prosecuted and punished as provided
by law.
(k) COUNTY SEAT. In every county there shall be a
county seat at which shall be located the principal offices and
permanent records of all county officers. The county seat may
not be moved except as provided by general law. Branch offices
for the conduct of county business may be established else-
where in the county by resolution of the governing body of the
county in the manner prescribed by law. No instrument shall
be deemed recorded in the county until filed at the county seat
according to law.
Section 2. MUNICIPALITIES.-
(a) ESTABLISHMENT. Municipalities may be established
or abolished and their charters amended pursuant to general
or special law. When any municipality is abolished, provision
shall be made for the protection of its creditors.
(b) POWERS. Municipalities shall have governmental,
corporate and proprietary powers to enable them to conduct
municipal government, perform municipal functions and ren-
der municipal services, and may exercise any power for munic-

JOURNAL OF THE HOUSE OF REPRESENTATIVES June 28, 1968

Section 3. CONSOLIDATION.-By the method provided
herein, the government of a county and the government of one
or more municipalities located therein may be consolidated into
a single government which may exercise any and all powers
of the county and the several municipalities thereby consoli-
dated. By special law, a consolidation plan may be proposed
which shall become effective only if approved by vote of the
electors of the county, or of the county and municipalities
affected as may be provided in the plan. Consolidation shall not
extend the territorial scope of taxation for the payment of pre-
existing debt except to areas whose residents receive a benefit
from the facility or service for which the indebtedness was
incurred.
Section 4. TRANSFER OF POWERS.-By law or by reso-
lution of the governing bodies of each of the governments af-
fected, any functions or powers of a local government unit may
be transferred to or contracted to be performed by another
local government unit, after approval by vote of the electors
of the transferor and approval by vote of the electors of the
transferee, or as otherwise provided by law. "Local government
unit" as used herein shall mean a county, a municipality, or a
special district.
Section 5. LOCAL OPTION.-Local option on the legality or
prohibition of the sale of intoxicating liquors, wines or beers
shall be preserved to each county. The status of a county with
respect thereto shall be changed only by vote of the electors in
a special election called upon the petition of twenty-five per
cent of the electors of the county, and not sooner than two
years after an earlier election on the same question. Where
legal, the sale of intoxicating liquors, wines and beers shall be
regulated by law.
Section 6. SCHEDULE.-
(a) This article shall replace all of Article VIII of the Con-
stitution of 1885, as amended, except those sections expressly
retained and made a part of this article by reference.
(b) COUNTIES-COUNTY SEATS-MUNICIPALITIES
-DISTRICTS. The status of the following items as they exist
on the date this article becomes effective is recognized and shall
be continued until changed in accordance with law; the counties
of the state; their status with respect to the legality of the
sale of intoxicating liquors, wines and beers; the method of
selection of county officers; the performance of municipal func-
tions by county officers; the county seats; and the municipali-
ties and special districts of the state, their powers, jurisdiction
and government.
(c) OFFICERS TO CONTINUE IN OFFICE. Every per-
son holding office when this article becomes effective shall con-
tinue in office for the remainder of the term if that office is not
abolished. If the office is abolished the incumbent shall be paid
adequate compensation, to be fixed by law, for the loss of emol-
uments for the remainder of the term.
(d) ORDINANCES. Local laws relating only to unincor-
porated areas of a county on the effective date of this article
may be amended or repealed by county ordinance.
(e) CONSOLIDATION AND HOME RULE. Article VIII,
Sections 9, 10, 11 and 24, of the Constitution of 1885, as amend-
ed, shall remain in full force and effect as to each county
affected, as if this article had not been adopted, until that
county shall expressly adopt a charter or home rule plan pur-
suant to this article. All provisions of the Metropolitan Dade
County Home Rule Charter, heretofore or hereafter adopted by
the electors of Dade County pursuant to Article VIII, Section 11,
of the Constitution of 1885, as amended, shall be valid, and any
amendments to such charter shall be valid, provided that the
said provisions of such charter and the said amendments thereto
are authorized under said Article VIII, Section 11, of the Con-
stitution of 1885, as amended.
(f) DADE COUNTY-POWERS CONFERRED UPON
MUNICIPALITIES. To the extent not inconsistent with the
powers of existing municipalities or general law the Metropoli-
tan Government of Dade County may exercise all the powers
conferred now or hereafter by general law upon municipalities.

(g) DELETION OF OBSOLETE SCHEDULE ITEMS.
The legislature shall have power, by joint resolution, to delete
from this article any subsection of this Section 6, including this
subsection, when all events to which the subsection to be deleted
is or could become applicable have occurred. A legislative deter-

mination of fact made as a basis for application of this sub-
section shall be subject to judicial review.
The absence of a quorum was suggested. A quorum of 88
Members was present.

When the vote was taken on the passage
tion, as amended, the result was:
Yeas-71

Mr. Speaker
Arnold
Baker
Bevis
Bird
Blalock
Brantley
Briggs
Clark
Conway
Craig
Culbreath
D'Alemberte
Danahy
Davis
Dubbin
Eddy
Featherstone
Nays-30
Alvarez
Bassett
Beck
Brower
Campbell
Chappell
De Young
Ducker

Firestone
Fleece
Fortune, E. M.
Gautier
Gillespie
Graham
Gustafson
Harris
Hector
Hodes
Holloway
James
King
Land
Lewis
Matthews
McDonald
Middlemas

Elmore
Fortune, J.
Gibson
Gorman
Grange
Humphrey
Inman
Lindsey

Miers
Murphy
Myers
Nergard
Osborne
Pettigrew
Pfeiffer
Poorbaugh
Prominski
Randell
Redman
Reed
Reedy
Robinson
Rowell
Rude
Rust
Ryals

Martinez, J.
Mattox
McNulty
Mixson
Nichols
Papy
Powell
Pratt

of the joint resolu-

Sackett
Savage
Scarborough
Schultz
Sessums
Singleton
Smith
Spicola
Stevens
Sweeny
Tucker
Walker
Wells
Whitson
Wolfson
Yancey
Yarborough

M. Shadley
Stafford
Stallings
Tillman
Tyre
Williams

HJR 4-2X failed to pass by the required Constitutional three-
fifths vote of all Members elected to the House.
On motion by Mr. Reed, the House agreed to reconsider the
vote by which HJR 4-2X failed to pass.
The absence of a quorum was suggested. A quorum of 101
Members was present.
When the vote was again taken on the final passage of HJR
4-2X, as amended, the result was:
Yeas-79

Mr. Speaker
Andrews
Arnold
Baker
Beck
Bevis
Bird
Blalock
Brantley
Briggs
Clark
Conway
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
De Young
Dubbin
Nays-22
Alvarez
Bassett
Brower
Campbell
Chappell
Ducker

Eddy McDonald
Featherstone Middlemas
Firestone Miers
Fleece Murphy
Fortune, E. M. Myers
Gautier Nergard
Gillespie Nichols
Graham Osborne
Gustafson Pettigrew
Harris Pfeiffer
Hector Poorbaugh
Hodes Prominski
Holloway Randell
Humphrey Redman
James Reed
King Reedy
Land Robinson
Lewis Rowell
Martinez, J. M. Rude
Matthews Rust

Elmore
Fortune, J.
Gibson
Gorman
Grange
Lindsey

Mattox
McNulty
Mixson
Papy
Powell
Pratt

Ryals
Sackett
Savage
Scarborough
Schultz
Sessums
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tucker
Walker
Wells
Whitson
Wolfson
Yancey
Yarborough

Shadley
Stallings
Tyre
Williams

HJR 4-2X passed, as amended, by the required Constitutional
three-fifths vote of all Members elected to the House and was
ordered immediately certified to the Senate, after engrossment.

44

June 28, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXPLANATION OF VOTE ON HJR 4-2X
There is no restriction on a county adopting a charter rel-
egating to itself the powers and authorities of a municipality.
Any county can adopt a charter which enables it to impose all
taxes now imposed by municipalities and sell this charter to
the people on the basis that property taxes will thereby be
reduced. Furthermore, this Constitution places non-charter
counties in a strait jacket, but frees charter counties to
adopt any ordinances desired, abolish or consolidate constitu-
tional offices, make all officials appointive and change completely
the form of government. This Constitution, in effect, provides
the possibility of the creation of sixty-seven little county-states
in Florida. It is a severe transfer of sovereignty from the State
to the counties. The unrestricted use of such power will lead to
chaos in Florida in the name of "home rule." Cities located
within such charter counties which proclaim themselves to be
municipalities will be forever barred from annexation. Stifled
and limited, cities will become some form of hodgepodge county-
municipal government made up of appointed rather than elected
local officials.
Representative John L. Ducker
On motion by Mr. Dubbin, the rules were waived and the
House reverted to the order of-
Motions Relating to Committee Reference
On motions by Mr. Dubbin, the rules were waived and SJR
2-2X was withdrawn from the Committee on Constitutional
Revision and taken up.
SJR 2-2X-A joint resolution proposing a revision of por-
tions of the Constitution of the State of Florida, excepting
therefrom revision of Articles V, VI, and VIII.
On motion by Mr. Dubbin, the rules were waived and SJR
2-2X was read the second time by title.
Representative Dubbin offered an amendment to strike every-
thing after the resolving clause of SJR 2-2X and insert HJR
1-2X, as amended.

MR. ROWELL IN THE CHAIR
Mr. Dubbin moved the adoption of the amendment.
Pending consideration thereof-

THE SPEAKER IN THE CHAIR

Adjournment
On motion by Mr. Rowell, the House adjourned at 12:00 Noon
to reconvene at 1:30 P.M. today.

AFTERNOON SESSION
The House was called to order by the Speaker at 1:30 P.M.
The following Members were recorded present:

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Beck
Bevis
Bird
Blalock
Brantley
Briggs
Brower
Caldwell
Campbell
Chappell
Clark
Conway

Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker
Eddy
Elmore
Featherstone
Firestone
Fleece
Fortune, E. M.
Fortune, J.
Gibson
Gillespie

Gorman McDonald
Graham McNulty
Grange Middlemas
Gustafson Miers
Harris Mixson
Hector Murphy
Hodes Myers
Holloway Nergard
Humphrey Nichols
Inman Osborne
James Papy
King Pettigrew
Land Pfeiffer
Lewis Poorbaugh
Lindsey Powell
Martinez, J. M. Pratt
Matthews Prominski
Mattox Randell

Redman Ryals Spicola
Reed Savage Stafford
Reedy Scarborough Stevens
Robinson Schultz Sweeny
Rowell Sessums Tillman
Rude Shadley Tucker
Rust Smith Tyre
Excused: Representatives Gautier and
noon session.

Walker
Wells
Whitson
Williams
Wolfson
Yancey
Yarborough
Sackett for the after-

A quorum was present.

CONTINUATION OF THE SPECIAL ORDER
SJR 2-2X was taken up, having been read the second time
this morning and now pending on motion by Mr. Dubbin to
adopt an amendment.
Without objection, Mr. Dubbin withdrew the amendment.
On motion by Mr. Dubbin, the rules were waived and the
House reverted to the order of-

MESSAGES FROM THE SENATE

The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

June 28, 1968

I am directed to inform the House of Representatives that
the Senate has passed with amendment by the required Consti-
tutional three-fifths vote of all Members elected to the Senate-

By Representative Dubbin and others-
HJR 1-2X-A joint resolution proposing a revision of por-
tions of the Constitution of the State of Florida, excepting
therefrom revision of Articles V, VI, and VIII.
(Amendment attached to original joint resolution.)
and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
On motion by Mr. Dubbin, the House refused to concur in
the Senate amendment to HJR 1-2X and requested the Senate
to recede therefrom, and in the event the Senate refuses to
recede, that the President of the Senate appoint a conference
committee to confer with a like committee to be appointed by
the Speaker of the House to adjust the differences on the Senate
amendment to HJR 1-2X.
The action, together with HJR 1-2X and Senate amendment
thereto was certified to the Senate.

MR. ROWELL IN THE CHAIR

CONTINUATION OF THE SPECIAL ORDER
HJR 2-2X-A joint resolution proposing a revision of Article
V of the Constitution of the State of Florida relating to the
Judicial Department of the government.
-was taken up.
On motion by Mr. Dubbin, the rules were waived and HJR
2-2X was read the second time by title.
Representative Crider offered the following amendment:
In Article V, strike all following the resolving clause.
Mr. Crider moved the adoption of the amendment.
Pending consideration thereof-
Representative Williams offered the following substitute
amendment:
In Article V, strike the resolving clause.

45

Mr. Willams moved the adoption of the substitute amend-
ment which failed of adoption. The vote was:
Yeas-41

Alvarez
Andrews
Bassett
Beck
Bevis
Blalock
Brantley
Campbell
Craig
Crider
Culbreath
Nays-52
Baker
Bird
Briggs
Brower
Chappell
Clark
Conway
D'Alemberte
Danahy
Davis
De Young
Dubbin
Eddy

Ducker Mattox
Fortune, E. M. McDonald
Fortune, J. McNulty
Gibson Miers
Gorman Mixson
Grange Papy
Inman Poorbaugh
James Pratt
King Redman
Lindsey Reedy
Martinez, J. M. Ryals

Elmore Lewis
Featherstone Matthews
Firestone Middlemas
Fleece Murphy
Gillespie Myers
Graham Nergard
Gustafson Nichols
Harris Osborne
Hector Pettigrew
Hodes Pfeiffer
Holloway Powell
Humphrey Prominski
Land Randell

Shadley
Spicola
Stafford
Stevens
Tucker
Tyre
Wells
Williams

Reed
Rude
Rust
Savage
Scarborough
Schultz
Sessums
Sweeny
Tillman
Walker
Wolfson
Yancey
Yarborough

Representative Smith was recorded as voting Yea.
The question recurred on the adoption of the amendment.
Without objection, Mr. Crider withdrew the amendment.
Representative Myers offered the following amendment:
Strike all of Article V and insert the following:
ARTICLE V
JUDICIARY
Section 1. Courts.-There shall be a supreme court, dis-
trict courts of appeal, a system of trial courts, and such
other courts as may be established by law. Administrative
officers or bodies may be granted quasi-judicial power in mat-
ters connected with the functions of their offices, and their
orders shall be subject to review as provided by law.
Section 2. Supreme Court.-
(a) ORGANIZATION. The supreme court shall consist of
seven justices, one of whom shall be chosen the chief justice
by the members of the court. Five justices shall constitute
a quorum. The concurrence of four shall be necessary to a
decision.
(b) JURISDICTION. The supreme court:
(1) Shall hear appeals from final judgments of trial
courts imposing the death penalty and from orders of trial
courts and decisions of district courts of appeal initially and
directly passing on the validity of a state statute or a federal
statute or treaty, or construing a provision of the state or
federal constitution.
(2) May review by certiorari any decision of a district
court of appeal that affects a class of constitutional or state
officers, that passes upon a question certified by the district
court of appeal to be of great public interest, or that is in
direct conflict with a decision of another district court of appeal
or of the supreme court on the same question of law, and may
issue writs of prohibition to courts and commissions in causes
within the jurisdiction of the supreme court to review, and
all writs necessary to the complete exercise of its jurisdiction.

(3) When provided by law, shall hear appeals from final
judgments and orders of trial courts imposing life imprison-
ment or entered in proceedings for the validation of bonds or
certificates of indebtedness and issue writs of certiorari to com-
missions established by law and writs of mandamus and quo
warrant to state officers and state agencies.
Section 3. Eligibility-Election-Term.-Eligibility for of-

June 28, 1968

fice, methods of election and terms of office, shall be provided
by law.
Section 4. Discipline-Retirement-Removal.-
(a) There shall be a judicial qualifications commission com-
posed of:
(1) Two judges of district courts of appeal, two judges of
circuit courts, one judge of a county court and one judge of a
magistrates court, selected by the judges of the respective cate-
gories of courts,
(2) Two electors who have resided in, and been members
of the bar of, the state for eight years, appointed by the
governing body of the bar of Florida;
(3) Three electors who have resided in the state for five
years and have never held judicial office or been members of
the bar, appointed by the governor.
(b) The members of the judicial qualifications commission
shall serve appropriately staggered terms fixed by law. No
member of the commission shall hold office in a political party
or, except as provided herein, public office. The commission
shall elect one of its members as its chairman.
(c) The supreme court shall adopt rules regulating pro-
ceedings by the commission and the temporary replacement of
disqualified or incapacitated members. After recommendation
of removal of any justice or judge, the proceedings of the
commission relating thereto shall be made public.
(d) Upon recommendation of the judicial qualifications com-
mission, concurred in by two-thirds of its members, the su-
preme court may order that any justice or judge may be
disciplined by private reprimand; removed from office, with
termination of compensation, for wilful or persistent failure
to perform his duties or for other conduct unbecoming a mem-
ber of the judiciary; or involuntarily retired for any disability
which seriously interferes with the performance of his duties
and which is, or is likely to become, permanent.
(e) A justice or judge shall not serve after attaining the age
of seventy years; provided any judge or justice in office on
the effective date of this article may continue to serve for the
remainder of his term.
(f) The power of removal conferred by this section shall be
cumulative to the power of impeachment.
(g) A justice or judge removed from office shall be subject
to discipline as an attorney for professional misconduct prior
to or during his tenure in office.
Section 5. Attorneys, Admission and Discipline.-The su-
preme court shall have exclusive jurisdiction to regulate, in such
manner and through such agencies as may be prescribed by
its rules, the admission of persons to the practice of law and
the discipline of persons admitted.
Mr. Myers moved the adoption of the amendment.
Pending consideration thereof-
Representative Pettigrew offered the following amendment
to the amendment:
In Section 4, strike subsection (a) (1) and insert the follow-
ing: (1) Two judges of district courts of appeal, and four
judges representing the system of trial courts selected by such
judges or categories of judges as may be provided by law.
Mr. Pettigrew moved the adoption of the amendment to the
amendment, which was adopted.
Representative Dubbin offered the following amendment to
the amendment:
In Section 3, strike entire Section and insert the following:
Section 3. Elections-Terms.-
(a) Justices and judges shall be chosen by the electors at
a contested election within the territorial jurisdiction of
their respective courts.

(b) The terms of all justices of the Supreme Court shall
be for 6 years; the terms of all other judges shall be pre-
scribed by law.

46

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE

Mr. Dubbin moved the adoption of the amendment to the
amendment, which was adopted.
Representative Dubbin offered the following amendment to
the amendment:
Following Section 5, insert a new Section 6 to read as
follows:
Section 6. Schedule.-
(a) All provisions of Article V of the Constitution of 1885
as amended, not embraced herein shall become statutes subject
to modification or repeal as are other statutes.
(b) All provisions of law and rules of court in force and
effect on the effective date of this Article shall continue in
effect until superseded by law.
Mr. Dubbin moved the adoption of the amendment to the
amendment, which was adopted.
Representative Reed offered the following amendment to the
amendment:
In Section 6(a), at the end thereof, strike "as are other
statutes." and insert the following: upon two-thirds vote of
both houses of the Legislature.
Mr. Reed moved the adoption of the amendment to the
amendment which was adopted.
Representative Eddy offered the following amendment to the
amendment:
Strike entire Section 3 and insert the following: Section 3.
Elections-Terms. (a) Justices and judges shall be chosen
by the electors of their respective districts in an election
wherein the electors may have a choice of candidates.
(b) The terms of all justices of the Supreme court shall be
for six (6) years. The terms of all judges shall be prescribed by
law.
Mr. Eddy moved the adoption of the amendment to the
amendment which was adopted.
Representative Gustafson offered the following amendment to
the amendment:
In Section 2, paragraph (3), after the words "judgments and"
insert "final"
Mr. Gustafson moved the adoption of the amendment to the
amendment which was adopted.
The absence of a quorum was suggested. A quorum of 84
members was present.
The question recurred on the adoption of the amendment
offered by Mr. Myers, as amended, which was adopted. The vote
was:
Yeas-54

Andrews
Arnold
Baker
Bassett
Bird
Brantley
Briggs
Clark
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker
Nays-33
Alvarez
Beck
Campbell
Chappell
Craig
Crider
Culbreath
Elmore
Fortune, E. M.

Eddy
Featherstone
Firestone
Fleece
Fortune, J.
Gibson
Gorman
Graham
Gustafson
Harris
Hector
Hodes
Holloway
Humphrey

Gillespie
Inman
Mattox
McDonald
Miers
Mixson
Nichols
Pratt
Randell

James Powell
King Prominski
Land Reed
Lewis Reedy
Lindsey Rude
Martinez, J. M. Savage
Matthews Sessums
Middlemas Shadley
Murphy Turlington
Myers Whitson
Osborne Wolfson
Pettigrew Yarborough
Pfeiffer
Poorbaugh

Redman Tillman
Rust Tucker
Ryals Tyre
Scarborough Wells
Schultz Williams
Spicola Yancey
Stafford
Stevens
Sweeny

June 28, 1968

MESSAGE FROM THE SENATE
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

June 28, 1968

I am directed to inform the House of Representatives that
the Senate refused to recede from Senate amendment to HJR
1-2X and the President of the Senate has appointed Senators
Mathews, Horne, Friday, Elrod, Knopke, Hollahan and Stockton
as a Conference Committee to confer with a like committee to
be appointed by the Speaker of the House to adjust the differ-
ences on Senate amendment to HJR 1-2X.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
The Speaker thereupon appointed Representatives Dubbin,
Eddy, Pettigrew, Reed, Rowell, Schultz and Sessums as the

E OF REPRESENTATIVES 47

Representative Harris offered the following amendment:
In Article V, on page 1, beginning at line 3, strike all of
Article V, and insert the following:
Section 1. Article V of the Constitution of 1885, as amended,
not inconsistent with the provisions herein, is adopted by this
reference as completely as though incorporated herein ver-
batim.
Section 2. ADMINISTRATION-PRACTICE AND PRO-
CEDURE.-The supreme court shall adopt rules governing:
(a) the administrative supervision of all courts established

by this article;
(b) the assignment of justices and judges, including con-
senting retired justices and judges, to temporary duty in any
courts;
(c) practice and procedure in all courts, including the time
for seeking appellate review;
(d) the times and places for holding court; and
(e) the transfer of any matter to the proper court when
the jurisdiction of any court has been improvidently invoked.
Section 3. VACANCIES.-The governor shall fill each va-
cancy in judicial office by appointing one of not fewer than
three persons nominated by a judicial nominating commission.
Judicial nominating commissions shall be established by law.
Their members shall be appointed by, and serve terms con-
current with that of, the governor. They shall not be officers of
any political party nor, after appointment to a full term, be
eligible to serve any part of the succeeding term. No person
who has been a member of a judicial nominating commission
during the preceding twelve months shall be nominated for
judicial office.
Section 4. ELECTIONS-TERMS.-
(a) Justices and judges shall be chosen by the electors
within the territorial jurisdiction of their respective courts in
the same manner as other state and county officers are elected,
or, when provided by general law, by majority vote in non-
partisan elections.
(b) The terms of all justices of the supreme court, judges
of district courts of appeal and circuit judges shall be for six
years. The terms of judges of county courts and magistrates
courts shall be prescribed by law. The terms of justices of the
supreme court and judges of the district courts of appeal shall
be appropriately staggered.
Mr. Harris moved the adoption of the amendment.
Pending consideration thereof-

THE SPEAKER IN THE CHAIR
On motion by Mr. Dubbin, the rules were waived and the
House reverted to the order of-

48 JOURNAL OF THE HOUSE OF REPRESENTATIVES June 28, 1968

Conference Committee on the part of the House on the Senate -with amendments, reports the amendments have been in-
amendment to HJR 1-2X. corporate and the joint resolution is herewith returned.
The action of the House was certified to the Senate. -and the joint resolution was ordered immediately certified
to the Senate.

ENGROSSING REPORT

June 28, 1968
Your Engrossing Clerk to whom was referred-
HJR 4-2X

Adjournment
On motion by Mr. Rowell, the House adjourned at 3:50 P.M.
to reconvene at 12:00 Noon, Monday, July 1.

June 28, 1968

49

JOURNAL OF THE HOUSE OF REPRESENTATIVES

REGISTRATIONS UNDER HOUSE RULE 13

FROM FEBRUARY 26 THROUGH JUNE 28

Particular Direct Assoc.
Name and Address Entity Represented and Address Duration of Representation or Ptnrshp.
Representation Involved wiLegislator

Ashler, Philip F.
Office of the Chancellor
Board of Regents
Collins Building
Tallahassee ----------
Curran, Jr., Marshall G.
First Federal Savings &
Loan Building
Ft. Lauderdale -------

Ervin, Robert M.
P. O. Box 1567
Tallahassee --- ------

Ervin, Robert M.
P. 0. Box 1567
Tallahassee --------------
Fisher, Stephen J.
350 Sevilla
Coral Gables

Harley, Kinney S.
P. O. Box 1259
Tallahassee --------------
Hulsey, Jr., Mark
P. 0. Box 1086
Jacksonville -

Jacobs, Joseph C.
P. 0. Box 1567
Tallahassee ---------------
Kidd, William
2801 East Oakland Park
Blvd.
Ft. Lauderdale ---- ---

Kirchhaine, William F.
2865 Boca Ciega Dr. North
St. Petersburg ------------

Lippold, Jr., William H.
P. 0. Box 1231
Orlando --------........----------
McCabe, Matthew James
Box 362
Flagler Beach ------- .

Odom, F. Perry
P. 0. Box 1567
Tallahassee -------.. --------

Odom, F. Perry
P. O. Box 1567
Tallahassee .. ..

State University System of
Florida
Office of the Chancellor
Board of Regents
Collins Building
Tallahassee ----------

Governor's Office
The Capitol
Tallahassee -----------.
Florida Institute of Certified
Public Accountants
Box 14287, University
Station
Gainesville ----------
Florida Home Builders
Association
P. 0. Box 1259
Tallahassee
Metropolitan Dade County
County Court House
Miami
Florida Home Builders
Association
P. 0. Box 1259
Tallahassee ---------
The Florida Bar
Apalachee Parkway
Tallahassee --------------
Florida Institute of Certified
Public Accountants
Box 14287
University Station
Gainesville -------------
William R. Kidd & Associates
2801 East Oakland Park
Blvd.
Ft. Lauderdale
Beneficial Management Corp
of America
2865 Boca Ciega Dr. North
St. Petersburg -------
Florida Association of
Realtors
P. 0. Box 1231
Orlando ------- .---...

Self
Florida Home Builders
Association
P. 0. Box 1259
Tallahassee ----- -- ---- .

Florida Podiatry
Association
118 S.W. 4th Avenue
Gainesville -----------.

Continuous -

Session .-------

Session -----

Continuous ----

Session ----------

Continuous ----

Session ----------

Session ----------

Continuous -----

Continuous -------

Continuous ------

Higher education -

Constitutional
revision ----

Legislation
affecting
accountants ---

Construction
Industry ----

Constitutional
revision -----
Legislation
affecting
construction
industry

Article V,
Constitution ..

Accountants ----

Engineering and
Construction ---.

Consumer Credit

Real Estate -

Continuous------ Any Legislation .

Continuous -

Continuous -

Construction
Industry ---

Health, Welfare,
and Insurance

None

None

None

None

None

None

None

None

Rep. Bird

None

None

None

None

None

JOURNAL OF THE HOUSE OF REPRESENTATIVES

REGISTRATIONS UNDER HOUSE RULE 13

FROM FEBRUARY 26 THROUGH JUNE 28

June 28, 1968

Particular Direct Assoc.
Name and Address Entity Represented and Address Duration of Representation or Ptnrshp.
Representation Involved w/Legislator

Judicial Article V,
Constitution and
Personal and Legislation
Overton, Ben F. The Florida Bar pertaining to
Room 221, County Bldg. Apalachee Parkway Courts in Sixth
St. Petersburg --------- Tallahassee -- ----------- Session Judicial Circuit -- None

Florida Committee for
Consumer Progress and
Domestic Finance Co.
Reber, F. F. 3151 Maple Drive
7339 Twin Branch Road, Atlanta, Georgia
N.E. 112 West Pensacola Street
Atlanta, Georgia -.-------- Tallahassee ---..----..----- Continuous --.--- Consumer Credit -- None

Eastern Airlines
Williams, Edwin L. 1117 First National Bank
5790 S.W. 99th Terrace Bldg. Constitutional
Miami ------- -------. Miami __-__ Session -- ------- Revision ----- None

Change in registration under House Rule 13 as it applies to the duration of representation has been requested
James A. Urban from "permanent" to "terminated"; Ronald D, McCall from "permanent" to "terminated".

by the following:

50

THE JOURNAL OF THE FLORIDA

House of Representatives

PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]
SPECIAL SESSION

MONDAY, JULY 1, 1968

The House was called to order by the Speaker at 12:00 Noon.
The following Members were recorded present:

Mr. Speaker Featherstone
Alvarez Firestone
Andrews Fleece
Arnold Fortune, E.
Baker Fortune, J.
Bassett Gallen
Beck Gautier
Bevis Gibson
Bird Gillespie
Brantley Gissendannei
Brower Gorman
Caldwell Graham
Campbell Grange
Chappell Grizzle
Clark Gustafson
Conway Harris
Craig Hartnett
Crider Hector
Culbreath Hodes
D'Alemberte Holloway
Danahy Humphrey
Davis Inman
De Young James
Dubbin Kennelly
Ducker King
Eddy Land
Elmore Lewis
Excused: Representatives
ley, Reeves, Stallings and We

Lindsey Robinson
Martinez, E. L. Rowell
Martinez, J. M. Rude
VI. Matthews Rust
Mattox Ryals
McDonald Sackett
McNulty Savage
Middlemas Scarborough
Miers Schultz
r Mixson Sessums
Murphy Shadley
Myers Shaw
Nergard Singleton
Nichols Smith
Osborne Spicola
Papy Stafford
Pettigrew Stevens
Pfeiffer Sweeny
Poorbaugh Tillman
Powell Tucker
Pratt Tyre
Prominski Walker
Randell Whitson
Redman Williams
Reed Wolfson
Reedy Yancey
Register Yarborough
Blalock, Briggs, Crabtree, McKin-

A quorum was present.

Prayer
Prayer by the Honorable Robert C. De Young:
Our Father and our God, we thank Thee for the rest of the
past weekend and for the beginning of a new day. As we
prepare to continue to work on this important document that
will guide future generations, help us to weigh every word
carefully that we write into it. Let us not be so much in
haste to return to our homes that we cause unnecessary prob-
lems and hardships for our children and their children, but
yet may we move forward with enough foresight and expe-
diency so as not to cause undue hardship for anyone here.
We ask it in Thy name. Amen.

Pledge
The Members pledged allegiance to the Flag.

The Journal
The Journal of June 28 was ordered corrected and approved
as follows: On page 41, first line of column 1, strike "796.075"
and insert "790.075", and in line 29 from top, strike "VII" and
insert "VIII". On page 46, column 1, line 22 from bottom, strike
"financial" and insert "final".

Communication from the Governor
The following Proclamation of the Governor expanding this
Special Session of the Legislature was read:

PROCLAMATION
State of Florida
Executive Department
Tallahassee
WHEREAS, on June 11, 1968 an Executive Proclamation was
issued convening the Legislature into special session on June 24,
1968 for the purpose of considering constitutional revision and
additional funding for the Florida School for the Deaf and the
Blind, and
WHEREAS, consultation with the leadership of the Florida
Legislature reflects that excellent progress has been made in
constitutional revision to the end that this historic undertaking
is almost all but completed, and
WHEREAS, it is my belief that it is to the best interest of
the citizens of Florida that the Legislature be afforded an
opportunity to consider other business equally vital to the
people of the State;
NOW, THEREFORE, I, Claude R.,Kirk, Jr., by virtue of
the authority vested in me by Article IV, Section 8 of the
Florida Constitution do hereby amend the Executive Proclama-
tion of June 11, 1968 for the purpose of expanding this call to
include,
1. Consideration of legislation pertaining only to the interest
rates of: educational bonds or revenue certificates, Florida
Inter-American Center Authority bonds or revenue certificates,
turnpike bonds or revenue certificates and Tampa-Hillsborough
County Expressway Authority revenue bonds or certificates and
bonds or revenue certificates of other state, county or district
agencies;
2. Consideration of legislation to appropriate funds for pay
to jurors and witnesses and for certain costs of the circuit
court;
3. Consideration of legislation strictly limited to the en-
actment of curative technical amendments designed to close
certain loopholes and strengthen the enforcement of existing
sales tax laws.
This expanded call is for the sole and exclusive purpose of
and shall be limited to those matters hereinabove recited.
IN WITNESS WHEREOF, I have here-
unto set my hand and caused the Great
Seal of the State of Florida to be af-
fixed at Tallahassee, the Capitol, this
June 28, 1968.
CLAUDE R. KIRK, JR., Governor
ATTEST:
TOM ADAMS
Secretary of State
Appointment of Committee on Finance & Taxation
The Speaker announced the appointment of the following
committee for this Special Session:

51

52 JOURNAL OF THE HOU

FINANCE & TAXATION
James H. Sweeny, Jr., Chairman; Henry W. Land, Vice
Chairman; Fred Schultz, Murray Dubbin, James R. Eddy,
Carey Matthews, Donald H. Reed, Jr., E. C. Rowell, James
Lorenzo Walker.

INTRODUCTION AND REFERENCE
By Representatives Yancey, Andrews, Baker, Conway, Fleece,
Murphy, Reedy, Ryals, Savage, and Stevens-
HB 48-2X-A bill to be entitled An act relating to regulation
of traffic on highways; amending chapter 67-307, Laws of Flor-
ida; providing for rules and regulations of the Department of
Public Safety for the orderly commencement of the safety
inspection of motor vehicles; providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representative Sweeny-
HB 49-2X-A bill to be entitled An act relating to the tax
on sales, use and other transactions; amending section 212.02(9),
Florida Statutes, to require governmental instrumentalities to
collect the tax in certain circumstances; amending section
212.03(6), Florida Statutes, to restate the levying of the tax on
rental of parking or docking spaces; adding paragraphs (i) and
(j) to section 212.06(2), Florida Statutes, containing definitions
of "dealer"; adding section 212.07(2A), Florida Statutes, to
make a purchaser who cannot prove payment of the tax to his
vendor or lessor to be directly liable to the state for the tax,
interest, and penalties due; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representatives Graham, Middlemas, and Reed-
HB 50-2X-A bill to be entitled An act relating to the state
university system under the board of regents; amending sec-
tion 243.03, Florida Statutes relating to the issuance of reve-
nue certificates; raising the ceiling on interest rates; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Rules & Calendar.

By Representatives Middlemas, Graham, and Reed--
HB 51-2X-A bill to be entitled An act relating to general
and miscellaneous appropriations; amending the introductory
paragraph of subsection (1) and amending paragraph (d) of
subsection (1) of section 282.013, Florida Statutes, to authorize
the state board of education to allocate funds which become
available pursuant to section 19, article XII of the state con-
stitution; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Gillespie and Conway-
HCR 52-2X-A concurrent resolution declaring Saturday, July
27, 1968, Festival State Day in appreciation of the contribu-
tions to the state made by the Florida International Music
Festival at Daytona Beach.
-was placed temporarily in the Committee on Rules & Cal-
endar.
By Representatives Rust, Humphrey, De Young, Poorbaugh
and Williams-
HB 53-2X-A bill to be entitled An act relating to the state

and county officers and employees retirement system; amending
subsection 122.02, F. S.; redefining "average final compensa-
tion"; substituting five best contributing years in place of
ten; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

is

HB 60-2X-A bill to be entitled An act relating to criminal
procedure; prescribing criminal penalties for any person who,
having been charged with a criminal offense and having been
released upon an appearance bail bond or upon his personal
recognizance, willfully fails to appear before any court or judi-
cial officer as required therein; establishing a prima facie evi-
dence rule; providing an effective date.

SE OF REPRESENTATIVES July 1, 1968

By Representative Pratt-
HB 54-2X-A bill to be entitled An act relating to con-
stitutional revision; authorizing an appropriation for the pur-
pose of publicizing the proposed constitution; prescribing the
use of said funds; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Constitutional Revision.

By Representatives De Young and Humphrey-
HM 55-2X-A memorial to the congress of the United
States to amend proposed legislation under House Resolution
551, so as to guarantee the free and unrestricted rights of
use of the areas comprising the proposed "Biscayne National
Monument" for the benefit of our citizenry.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representatives Reedy, Baker, Beck, Bevis, Campbell,
Conway, Craig, Crider, Culbreath, Davis, Dubbin, Eddy, El-
more, Firestone, E. M. Fortune, J. Fortune, Gallen, Gautier,
Gibson, Gillespie, Gissendanner, Gorman, Grange, Inman, Ken-
nelly, Matthews, Mattox, McDonald, Miers, Murphy, Papy,
Pfeiffer, Poorbaugh, Pratt, Prominski, Randell, Robinson, Rude,
Shadley, Shaw, Singleton, Tillman, Tucker, Tyre, Wolfson, Yan-
cey, and Yarborough-
HB 56-2X-A bill to be entitled An Act relating to motor
vehicle licenses, amending section 320.20, Florida Statutes, to
provide for a portion of the revenues derived therefrom to be
deposited in the state roads trust fund; providing an effective
date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Miers-
HCR 57-2X-A resolution recognizing the heroic deed of
Virgil Fortune and extending sympathy to the Fortune family
over the tragic loss of their child Francis Lee.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Baker, Briggs, D'Alemberte, Davis,
Featherstone, Firestone, Gibson, Harris, Hodes, Holloway,
Lewis, McDonald, Miers, Myers, Nergard, Pettigrew, Reedy,
Savage, Tillman, Tucker, and Yancey-
HB 58-2X-A bill to be entitled An act relating to the Divi-
sion of Youth Services; authorizing it to establish such pro-
grams and facilities as will enhance the opportunities for the
successful rehabilitation of all youth committed to its charge
by all proper courts, commissions, and agencies in and out of
Florida as now exist or may in the future exist; providing an
effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Rust-
HB 59-2X-A bill to be entitled An act relating to persons
engaged in criminal offenses while having weapons; amending
section 790.07, Florida Statutes, to prohibit the commission
of a criminal offense while having a deadly or dangerous
weapon; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Rust-

-was placed temporarily in the Committee on Rules &
Calendar.

By Representative Rust-
HB 61-2X-A bill to be entitled An act relating to mis-
prision of a felony; making it a felony to fail to report knowl-
edge of the commission of a felony; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Rust-
HB 62-2X-A bill to be entitled An act relating to grand
juries; amending chapter 905, Florida Statutes, by adding
section 905.28; permitting grand juries to serve for not more
than eighteen (18) months under specified circumstances;
providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representative Rust-
HM 63-2X-A Memorial to the Congress of the United States
applying to and requesting the Congress to call a constitu-
tional convention as provided for in Article V of the Consti-
tution of the United States for the purpose of amending
Article III, Section 1, of the Constitution of the United States
to provide that no federal judge may hold office for longer
than ten (10) years without being reappointed and reconfirmed.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representatives Hartnett, Baker, Caldwell, Dubbin,
Featherstone, Firestone, Gautier, Graham, Gustafson, Hector,
Holloway, King, Lewis, J. Martinez, Matthews, Myers, Petti-
grew, Prominski, Reed, Rude, Wells and Yarborough-
HB 64-2X-A bill to be entitled An act relating to Inter-
American Center Authority; amending section 554.08(1), Flor-
ida Statutes, to increase the maximum interest rate from six
percent (6%) to seven percent (7%) per annum for revenue
bonds issued by said authority; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Rules & Calendar.

By Representatives Land, Rude, Gustafson, Caldwell, Eddy,
Prominski, Reed, Randell, and Walker-
HB 65-2X-A bill to be entitled An act relating to the Flor-
ida state turnpike authority, powers; amending section 340.-
15(1) to remove the interest limitation on turnpike revenue
bonds of the authority; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Rules & Calendar.

By Representative Featherstone-
HB 66-2X-A bill to be entitled An act relating to the sup-
port, operations and maintenance of the Florida wing of the
civil air patrol; providing an appropriation; providing an ef-
fective date.

-was placed temporarily in the Committee on Rules &
Calendar.

By The Committee on Appropriations-
HB 67-2X-A bill to be entitled An act relating to the
Judicial Department-Circuit Courts and Other Related Mat-
ters; providing an appropriation; providing an effective date.

-was read the first time by title and placed temporarily
in the Committee on Rules & Calendar.

53

MESSAGES FROM THE SENATE

The Honorable Ralph D. Turlington
Speaker, House of Representatives

June 28, 1968

Sir:
I am directed to inform the House of Representatives that
the Senate has passed-

By Senator Mathews and others-
SB 8-2X-A bill to be entitled An act authorizing the Board
of Trustees for the Florida School for the Deaf and the Blind
to employ teaching personnel and child care counselors for
twelve months beginning July 1, 1968, providing an effective
date.
and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
SB 8-2X, contained in the above message, was read the first
time by title and referred to the Committee on Appropriations.

July 1, 1968

The Honorable Ralph D. Turlington
Speaker, House of Representatives

Sir:
I am directed to inform the House of Representatives that
the Senate has passed as amended-

By Senator Mathews and others-
SB 9-2X-A bill to be entitled An act relating to the Florida
School for the Deaf and the Blind; appropriating funds from
the general revenue fund; creating new positions; authorizing
the Board of Trustees to establish salary scales for educational
personnel; exempting same from State Personnel Board regu-
lation; providing an effective date.
and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
SB 9-2X, contained in the above message, was read the first
time by title and referred to the Committee on Appropriations.
On motion by Mr. Land, agreed to by two-thirds vote, SB 9-2X
was withdrawn from the Committee on Appropriations and
placed on the Calendar.

July 1, 1968

The Honorable Ralph D. Turlington
Speaker, House of Representatives

Sir:
I am directed to inform the House of Representatives that
the Senate admitted for introduction and consideration by the
required Constitutional two-thirds vote and passed as amended-

By Senators Friday and Hollahan-
SB 16-2X-A bill to be entitled An act appropriating a con-
tingency fund from the existing legislative appropriation to
assist in financing the cost of hosting the National Legislative
Conference in August, 1968; providing an effective date.

By Senator Hollahan and others-
SB 10-2X-A bill to be entitled An act relating to the Flor-
ida Probation and Parole Commission;, appropriating funds for
employment of additional employees and for implementation of
new professional salary scale; providing an effective date.
and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate

July 1, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

54

SB 16-2X, contained in the above message, was placed tem-
porarily in the Committee on Rules & Calendar.
SB 10-2X, contained in the above message, was placed tem-
porarily in the Committee on Rules & Calendar.

Recess
On motion by Mr. Rowell, the House stood in informal recess
at 12:25 P.M. to reconvene upon the call of the Speaker.
Reconvened
The House was called to order by the Speaker at 12:45 P.M.
A quorum was present.

Reports of the Committee on Rules & Calendar
July 1, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
Your Committee on Rules & Calendar herewith submits, as
the Special Order Calendar under Rule 8.16 for Monday, July 1,
1968, the consideration of the following bills together with their
companion measures:
HJR 2-2X HB 50-2X
HJR 5-2X HB 64-2X
SB 9-2X HB 65-2X
HB 67-2X
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
", Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar
On motion by Mr. Rowell the above report was adopted.
July 1, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
Your Committee on Rules & Calendar begs leave to report
that the following bills come within the purview of the call of
the Governor and recommends that they be read and referred:
HB 15-2X HB 30-2X
HB 16-2X HB 35-2X
HB 17-2X HB 41-2X
HB 18-2X
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar
On motion by Mr. Rowell the above report was adopted.
On motion by Mr. Rowell, the rules were waived and the
House reverted to the order of-

INTRODUCTION AND REFERENCE
By Representatives Sessums, Redman, Spicola, E. L. Mar-
tinez, Ryals, Stevens, and Hodes-
HB 15-2X-A bill to be entitled An act amending section
348.56(2), Florida Statutes, relating to the issuance of bonds
of the Tampa-Hillsborough County Expressway Authority; pro-
viding an effective date.

-was read the first time by title and referred to the Com-
mittee on Rules & Calendar.

July 1, 1968

By Representatives Sessums, Redman, Spicola, E. L. Mar-
tinez, Ryals, Stevens, and Hodes-
HB 16-2X-A bill to be entitled An act relating to Tampa-
Hillsborough County Expressway Authority; amending sub-
section (2) of section 7 of chapter 63-447, Laws of Florida, in-
creasing maximum interest payable on bonds; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Rules & Calendar.

By Representatives Sessums, Redman, Spicola, E. L. Mar-
tinez, Ryals, Stevens, and Hodes-
HB 17-2X-A bill to be entitled An act relating to the pow-
ers of the Tampa-Hillsborough County expressway authority;
amending section 8 of chapter 63-447, Laws of Florida, to speci-
fy bonds that may be refunded; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Rules & Calendar.

By Representatives Sessums, Redman, Spicola, E. L. Mar-
tinez, Ryals, Stevens, and Hodes-
HB 18-2X-A bill to be entitled An act relating to the Tampa-
Hillsborough County expressway authority; amending section
348.57(1) (b), Florida Statutes, to specify bonds that may be
refunded; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Rules & Calendar.

By Representatives Gallen and Pratt-
HB 30-2X-A bill to be entitled An act amending section 11
of Chapter 65-1607, Special Acts of Florida, Acts of 1965, as
amended by Chapter 67-1438, Special Acts of Florida, Acts of
1967, providing for an increase of the maximum interest rate
to six percent (6%) per annum; providing for the certificates
to mature not exceeding forty (40) years from date of issuance
as may be determined by the Hospital District Board of Hardee
County; and providing for a referendum.
-was read the first time by title and referred to the Com-
mittee on Rules & Calendar.

By Representatives Campbell, E. M. Fortune, and Elmore-
IIB 35-2X- A bill to be entitled An act relating to the board
of public instruction in any county of the state having a pop-
ulation of not less than ten thousand four hundred (10,400) and
not more than eleven thousand (11,000), according to the latest
official decennial census; authorizing said board to issue bonds
for school construction; providing for payment of principal and
interest from funds received pursuant to chapters 550 and 551,
Florida Statutes; providing an effective date.
-was read the first time by title and referred to the Commit-
tee on Rules & Calendar.

By Representatives De Young, Humphrey, Poorbaugh, Rust,
James, and Reed-
HB 41-2X-A bill to be entitled An act to amend chapter
24792, Laws of Florida, Special Acts of 1947, relating to the
Town of Palm Beach Shores, Palm Beach county, Florida, by
providing to delete negotiable coupon; providing for six (6%)
per centum per annum; providing for a referendum.
-was read the first time by title and referred to the Commit-
tee on Rules & Calendar.

Presentation of Guest
On motion by Mr. Sessums, the Speaker appointed Messrs.
Miers, Sessums, Pettigrew, and Schultz as a committee to escort
the Honorable LeRoy Collins, former Governor of the State of
Florida, to the rostrum where he was presented. Governor
Collins briefly addressed the House.

On motion by Mr. Dubbin, the rules were waived and the
House reverted to the order of-

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE

Motions Relating to Committee Reference
On motion by Mr. Dubbin, agreed to by two-thirds vote, SJR
5-2X was withdrawn from the Committee on Constitutional
Revision and placed on the Calendar.
SJR 5-2X-A joint resolution proposing a revision of Article
VIII of the Constitution of the State of Florida relating to
counties and cities.
-was taken up without objection.
On motion by Mr. Dubbin, the rules were waived and SJR
5-2X was read the second time by title.
Representative Dubbin offered an amendment to strike every-
thing after the resolving clause of SJR 5-2X and insert HJR
4-2X, as amended.
Mr. Dubbin moved the adoption of the amendment which was
adopted.
On motion by Mr. Dubbin, the rules were waived and SJR
5-2X, as amended, was read the third time in full, as follows:
SJR 5-2X-A joint resolution proposing a revision of Article
VIII of the Constitution of the State of Florida relating to
counties and cities.
Be It Resolved by the Legislature of the State of Florida:
That the following proposed revision of Article VIII of the
Constitution of the State of Florida is hereby agreed to and
shall be submitted to the electors of this state for ratification
or rejection at the next general election to be held in Novem-
ber 1968:
ARTICLE VIII
LOCAL GOVERNMENT
Section 1. COUNTIES.-

(a) POLITICAL SUBDIVISIONS. The state shall be di-
vided by law into political subdivisions called counties. Counties
may be created, abolished or changed by law, with provision for
payment or apportionment of the public debt.
(b) COUNTY FUNDS. The care, custody and method of
disbursing county funds shall be provided by general law.
(c) GOVERNMENT. Pursuant to general or special law
a county government may be established by charter which shall
be adopted, amended or repealed only upon vote of the electors
of the county in a special election called for that purpose.

(d) COUNTY OFFICERS. There shall be elected by the
electors of each county, for terms of four years, a sheriff, a
tax collector, a tax assessor, a supervisor of elections, and a
clerk of the circuit court; except, when provided. by county
charter approved by vote of the electors of the county, any
county officer may be chosen in another manner therein speci-
fied, or any county office may be abolished when all the duties
of the office prescribed by general law are transferred to an-
other office. When not otherwise provided by county charter
or special law approved by vote of the electors, the clerk of the
circuit court shall be ex officio clerk of the board of county
commissioners, auditor, recorder, and custodian of all county
funds. In each magistrates court district the office of constable
with a term of four years may be established or abolished by
county charter or law approved by vote of the electors.
(e) COMMISSIONERS. Except when otherwise provided by
county charter, the governing body of each county shall be a
board of county commissioners composed of five members serv-
ing staggered terms of four years. After each decennial census
the board of county commissioners shall divide the county into
five districts of contiguous territory as nearly equal in popula-
tion as practicable; a commissioner, who resides in the district,
shall be elected by the electors of the county.
(f) NON-CHARTER GOVERNMENT. Counties not operat-
ing under county charters shall have such power of self-govern-

ment as provided by general or special law. The board of county
commissioners of a county not operating under a charter may
enact, in a manner prescribed by general law, county ordinances
not inconsistent with general or special law, but an ordinance
in conflict with a municipal ordinance shall not be effective
within the municipality to the extent of such conflict,

July 1, 1968

Section 6. SCHEDULE.-
(a) This article shall replace all of Article VIII of the Con-
stitution of 1885, as amended, except those sections expressly
retained and made a part of this article by reference.

;E OF REPRESENTATIVES 55

(g) CHARTER GOVERNMENT. Counties operating under
county charter shall have all powers of local self-government not
inconsistent with general law, or with special law approved by
vote of the electors. The legislative body of a county operating
under a charter may enact county ordinances not inconsistent
with general law. The charter shall provide which shall prevail
in the event of conflict between county and municipal ordi-
nances.
(h) TAXES-LIMITATION. Property situate within mu-
nicipalities shall not be subject to taxation for services rendered
by the county exclusively for the benefit of the property or
residents in unincorporated areas.
(i) COUNTY ORDINANCES. Each county ordinance shall
be filed with the secretary of state and shall become effective
at such time thereafter as fixed by general law.
(j) VIOLATION OF ORDINANCES. Persons violating
county ordinances shall be prosecuted and punished as pro-
vided by law.
(k) COUNTY SEAT. In every county there shall be a
county seat at which shall be located the principal offices and
permanent records of all county officers. The county seat may
not be moved except as provided by general law. Branch offices
for the conduct of county business may be established else-
where in the county by resolution of the governing body of the
county in the manner prescribed by law. No instrument shall
be deemed recorded in the county until filed at the county seat
according to law.
Section 2. MUNICIPALITIES.-
(a) ESTABLISHMENT. Municipalities may be established
or abolished and their charters amended pursuant to general
or special law. When any municipality is abolished, provision
shall be made for the protection of its creditors.
(b) POWERS. Municipalities shall have governmental,
corporate and proprietary powers to enable them to conduct
municipal government, perform municipal functions and ren-
der municipal services, and may exercise any power for munic-
ipal purposes except as otherwise provided by law. Each mu-
nicipal legislative body shall be elective.
(c) ANNEXATION. Municipal annexation of unincor-
porated territory, merger of municipalities, and exercise of
extra-territorial powers by municipalities shall be as provided
by general or special law.
Section 3. CONSOLIDATION.-By the method provided
herein, the government of a county and the government of one
or more municipalities located therein may be consolidated into
a single government which may exercise any and all powers
of the county and the several municipalities thereby consoli-
dated. By special law a consolidation plan may be proposed
which shall become effective only if approved by vote of the
electors of the county, or of the county and municipalities
affected as may be provided in the plan. Consolidation shall not
extend the territorial scope of taxation for the payment of pre-
existing debt except to areas whose residents receive a benefit
from the facility or service for which the indebtedness was
incurred.
Section 4. TRANSFER OF POWERS.-By law or by reso-
lution of the governing bodies of each of the governments af-
fected, any functions or powers of a local government unit may
be transferred to or contracted to be performed by another
local government unit, after approval by vote of the electors
of the transferor and approval by vote of the electors of the
transferee, or as otherwise provided by law. "Local government
unit" as used herein shall mean a county, a municipality, or a
special district.
Section 5. LOCAL OPTION.-Local option on the legality or
prohibition of the sale of intoxicating liquors, wines or beers
shall be preserved to each county. The status of a county with
respect thereto shall be changed only by vote of the electors in
a special election called upon the petition of twenty-five per
cent of the electors of the county, and not sooner than two
years after an earlier election on the same question. Where
legal, the sale of intoxicating liquors, wines and beers Shall be
regulated by law.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

July 1, 1968

(b) COUNTIES-COUNTY SEATS-MUNICIPALITIES-
DISTRICTS. The status of the following items as they exist
on the date this article becomes effective is recognized and shall
be continued until changed in accordance with law: the counties
of the state; their status with respect to the legality of the
sale of intoxicating liquors, wines and beers; the method of
selection of county officers; the performance of municipal func-
tions by county officers; the county seats; and the municipali-
ties and special districts of the state, their powers, jurisdiction
and government.
(c) OFFICERS TO CONTINUE IN OFFICE. Every per-
son holding office when this article becomes effective shall con-
tinue in office for the remainder of the term if that office is not
abolished. If the office is abolished the incumbent shall be paid
adequate compensation, to be fixed by law, for the loss of emol-
uments for the remainder of the term.
(d) ORDINANCES. Local laws relating only to unincor-
porated areas of a county on the effective date of this article
may be amended or repealed by county ordinance.
(e) CONSOLIDATION AND HOME RULE. Article VIII,
Sections 9, 10, 11 and 24, of the Constitution of 1885,a amend-
ed, shall remain in full force and effect as to each county
affected, as if this article had not been adopted, until that
county shall expressly adopt a charter or home rule plan pur-
suant to this article. All provisions of the Metropolitan Dade
County Home Rule Charter, heretofore or hereafter adopted by
the electors of Dade County pursuant to Article VIII, Section 11,
of the Constitution of 1885, as amended, shall be valid, and any
amendments to such charter shall be valid, provided that the
said provisions of such charter and the said amendments thereto
are authorized under said Article VIII, Section 11, of the Con-
stitution of 1885, as amended.
(f) DADE COUNTY-POWERS CONFERRED UPON MU-
NICIPALITIES. To the extent not inconsistent with the pow-
ers of existing municipalities or general law the Metropolitan
Government of Dade County may exercise all the powers con-
ferred now or hereafter by general law upon municipalities.
(g) DELETION OF OBSOLETE SCHEDULE ITEMS. The
legislature shall have power, by joint resolution, to delete from
this article any subsection of this Section 6, including this sub-
section, when all events to which the subsection to be deleted
is or could become applicable have occurred. A legislative deter-
mination of fact made as a basis for application of this sub-
section shall be subject to judicial review.
When the vote was taken on the passage of the joint resolu-
tion, the result was:
Yeas-83

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Beck
Bevis
Bird
Brantley
Brower
Clark
Conway
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
De Young
Dubbin
Eddy
Nays-16
Bassett
Ducker
Elmore
Gorman

Featherstone Matthews
Fleece McDonald
Fortune, E. M. Middlemas
Fortune, J. Miers
Gallen Mixson
Gautier Murphy
Gibson Myers
Gillespie Nergard
Gissendanner Nichols
Graham Osborne
Grizzle Papy
Gustafson Pettigrew
Hartnett Pfeiffer
Hector Poorbaugh
Hodes Powell
Holloway Prominski
Inman Randell
James Redman
Land Reed
Lewis Reedy
Martinez, J. M. Robinson

Grange
Humphrey
Kennelly
King

Lindsey
Mattox
McNulty
Pratt

Rowell
Rust
Ryals
Sackett
Savage
Scarborough
Schultz
Sessums
Singleton
Spicola
Stafford
Stevens
Sweeny
Tillman
Tucker
Walker
Whitson
Wolfson
Yancey
Yarborough

Rude
Shadley
Smith
Tyre

Representative Harris was recorded as voting Yea and Rep-
resentative Campbell was recorded as voting Nay. Representa-
tive J. M. Martinez changed his vote from Yea to Nay.

SJR 5-2X passed, as amended, by the required Constitutional
three-fifths vote of all Members elected to the House and was
ordered immediately certified to the Senate, after engrossment.
SJR 2-2X-A joint resolution proposing a revision of por-
tions of the Constitution of the State of Florida, excepting
therefrom revision of Articles V, VI, and VIII.
-was taken up without objection, and read the third time
in full.
Representative Dubbin offered an amendment to strike every-
thing after the resolving clause of SJR 2-2X and insert HJR
1-2X, as amended.
Mr. Dubbin moved the adoption of the amendment which was
adopted by two-thirds vote.
The question recurred on the passage of SJR 2-2X, as amend-
ed, which now reads as follows:
SJR 2-2X-A joint resolution proposing a revision of por-
tions of the Constitution of the State of Florida, excepting
therefrom revision of Articles V, VI, and VIII.
Be It Resolved by the Legislature of the State of Florida:
That the following proposed revision of portions of the Con-
stitution of the State of Florida, excepting therefrom revision
of Articles V, VI, and VIII is hereby agreed to and shall be
submitted to the electors of the state for ratification or rejection
at the next general election to be held in November 1968:

PREAMBLE
We, the people of the State of Florida, being grateful to
Almighty God for our constitutional liberty, in order to
secure its benefits, perfect our government, insure domestic
tranquility, maintain public order, and guarantee equal civil
and political rights to all, do ordain and establish this
constitution.
ARTICLE I
DECLARATION OF RIGHTS
Section 1. POLITICAL POWER.-All political power is
inherent in the people. The enunciation herein of certain rights
shall not be construed to deny or impair others retained by the
people.
Section 2. BASIC RIGHTS.-All natural persons are equal
before the law and have inalienable rights, among which are
the right to enjoy and defend life and liberty, to pursue happi-
ness, to be rewarded for industry, and to acquire, possess and
protect property; except that the ownership, inheritance, dispo-
sition and possession of real property by aliens ineligible for
citizenship may be regulated or prohibited by law. No person
shall be deprived of any right because of race or religion.
Section 3. RELIGIOUS FREEDOM.-There shall be no law
respecting the establishment of religion or prohibiting or penal-
izing the free exercise thereof. Religious freedom shall not jus-
tify practices inconsistent with public morals, peace or safety.
No revenue of the state or any political subdivision or agency
thereof shall ever be taken from the public treasury directly or
indirectly in aid of any church, sect, or religious denomination
or in aid of any sectarian institution.
Section 4. FREEDOM OF SPEECH AND PRESS.-Every
person may speak, write and publish his sentiments on all sub-
jects but shall be responsible for the abuse of that right. No
law shall be passed to restrain or abridge the liberty of speech
or of the press. In all criminal prosecutions and civil actions for
defamation the truth may be given in evidence. If the matter
charged as defamatory is true and was published with good
motives, the party shall be acquitted or exonerated.
Section 5. RIGHT TO ASSEMBLE.-The people shall have
the right peaceably to assemble, to instruct their representatives,
and to petition for redress of grievances.

Section 6. RIGHT TO WORK.-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.
The right of private employees, by and through a labor organi-
zation, to bargain collectively shall not be denied or abridged.
Public employees shall not have the right to strike.

56

JOURNAL OF THE HOUW

Section 7. MILITARY POWER.-The military power shall
be subordinate to the civil.
Section 8. RIGHT TO BEAR ARMS.- The right of the
people to keep and bear arms in defense of themselves and of
the lawful authority of the state shall not be infringed, except
that the manner of bearing arms may be regulated by law.
Section 9. DUE PROCESS.-No person shall be deprived
of life, liberty or property without due process of law, or be
twice put in jeopardy for the same offense, or be compelled in
any criminal matter to be a witness against himself.
Section 10. PROHIBITED LA WS.-No bill of attainder,
ex post facto law or law impairing the obligation of contracts
shall be passed.
Section 11. IMPRISONMENT FOR DEBT.-No person
shall be imprisoned for debt, except in cases of fraud.
Section 12. SEARCHES AND SEIZURES.-The right of
the people to be secure in their persons, houses, papers and
effects against unreasonable searches and seizures, and against
the unreasonable interception of private communications by
any means, shall not be violated. No warrant shall be issued
except upon probable cause, supported by affidavit, particularly
describing the place or places to be searched, the person or
persons, thing or things to be seized, and the nature of evi-
dence to be obtained. Articles or information obtained in vio-
lation of this right shall not be admissible in evidence.
Section 13. HABEAS CORPUS.-The writ of habeas corpus
shall be grantable of right, freely and without cost. It shall be
returnable without delay, and shall never be suspended unless,
in case of rebellion or invasion, suspension is essential to the
public safety.
Section 14. BAIL.-Until adjudged guilty, every person
charged with a crime or violation of municipal or county ordi-
nance shall be entitled to release on reasonable bail with
sufficient surety unless charged with a capital offense or an
offense punishable by life imprisonment and the proof of guilt
is evident or the presumption is great.
Section 15. PROSECUTION FOR CRIME-OFFENSES
COMMITTED BY CHILDREN.-
(a) No person shall be tried for capital crime without pre-
sentment 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, except persons
on active duty in the militia when tried by courts martial.
(b) When authorized by law, a child as therein defined may
be charged with a violation of law as an act of delinquency
instead of crime and tried without a jury or other require-
ments applicable to criminal cases. Any child so charged shall,
upon demand made as provided by law before a trial in a
juvenile proceeding, be tried in an appropriate court as an
adult. A child found delinquent shall be disciplined as provided
by law.
Section 16. RIGHTS OF ACCUSED.-In all criminal prose-
cutions the accused shall, upon demand, be informed of the
nature and cause of the accusation against him, and shall be
furnished a copy of the charges, and shall have the right to
have compulsory process for witnesses, to confront at trial
adverse witnesses, to be heard in person, by counsel or both,
and to have a speedy and public trial by impartial jury in the
county where the crime was committed. If the 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 that area shall be sufficient; but before pleading
the accused may elect in which of those counties he will be
tried. Venue for prosecution of crimes committed beyond the
boundaries of the state shall be fixed by law.
Section 17. EXCESSIVE PUNISHMENTS.-Excessive
fines, cruel or unusual punishment, attainder, forfeiture of es-
tate, indefinite imprisonment, and unreasonable detention of
witnesses are forbidden.
Section 18. ADMINISTRATIVE PENALTIES.-No admin-
istrative agency shall impose a sentence of imprisonment, nor
shall it impose any other penalty except as provided by law.

Section 19. COSTS.-No person charged with crime shall
be compelled to pay costs before a judgment of conviction has
become final.

July 1, 1968

Section 3. BRANCHES OF GOVERNMENT.-The powers
of the state government shall be divided into legislative, execu-
tive and judicial branches. No person belonging to one branch
shall exercise any powers appertaining to either of the other
branches unless expressly provided herein.
Section 4. STATE SEAL AND FLAG.-The design of the
great seal and flag of the state shall be prescribed by law.

SE OF REPRESENTATIVES 57

Section 20. TREASON.-Treason against the state shall
consist only in levying war against it, adhering to its enemies,
giving them aid and comfort or inciting the populace to riot
or forceful overthrow of the state government or any of its
political subdivisions, and no person shall be convicted of treason
except on the testimony of two witnesses to the same overt act
or on confession in open court.
Section 21. 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 22. TRIAL BY JURY.-The right of trial by jury
shall be secure to all and remain inviolate. The qualifications
and the number of jurors, not fewer than six, shall be fixed
by law.
ARTICLE II
GENERAL PROVISIONS
Section 1. STATE BOUNDARIES.-
(a) The state boundaries are: Begin at the mouth of the
Perdido River, which for the purposes of this description is
defined as the point where latitude 3016'53" north and longi-
tude 87'31'06" west intersect; thence to the point where latitude
3017'02" north and longitude 87031'06" west intersect; thence
to the point where latitude 30018'00" north and longitude
87o27'08" 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 Alabama, being also the point of inter-
section of the middle of the Perdido River with latitude
3100'00" 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 Chattahoochee 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;
thence due east to the edge of the Gulf Stream or a distance
of three geographic miles whichever is the greater distance;
thence in a southerly direction along the edge of the Gulf
Stream or along a line three geographic miles from the Atlantic
coastline and three leagues distant from the Gulf of Mexico
coastline, whichever is greater, to and through the Straits of
Florida and westerly, including the Florida reefs, to a point
due south of and three leagues from the southernmost point of
the Marquesas Keys; thence westerly along a straight line to
a point due south of and three leagues from Loggerhead Key,
the westernmost of the Dry Tortugas Islands; thence west-
erly, northerly and easterly along the arc of a curve three
leagues distant from Loggerhead Key to a point due north of
Loggerhead Key; thence northeast along a straight line to a
point three leagues from the coastline of Florida; thence
northerly and westerly three leagues distant from the coastline
to a point west of the mouth of the Perdido River three leagues
from the coastline as measured on a line bearing south 001'00"
west from the point of beginning; thence northerly along said
line to the point of beginning. The State of Florida shall also
include any additional territory within the United States adja-
cent to the Peninsula of Florida lying south of the St. Marys
River, east of the Perdido River, and south of the States of
Alabama and Georgia.
(b) The Legislature may extend the coastal boundaries to
such limits as the laws of the United States or international
law may permit.
Section 2. SEAT OF GOVERNMENT.-The seat of gov-
ernment shall be the City of Tallahassee, in Leon County,
where the offices of the governor, lieutenant governor, cabinet
members and the supreme court shall be maintained and the
sessions of the legislature shall be held; provided that, in time
of invasion or grave emergency, the governor by proclamation
may for the period of the emergency transfer the seat of gov-
ernment to another place.

JOURNAL OF THE HOUSE

Section 5. PUBLIC OFFICERS.-
(a) No person holding any office of emolument under any
foreign government, or civil office of emolument under the
United States or any other state, shall hold any office of honor
or of emolument under the government of this state. No person
shall hold at the same time more than one office under the gov-
ernment of the state and the counties and municipalities there-
in, except that a notary public or military officer may hold
another office, and any officer may be a member of a consti-
tution revision commission, constitutional convention, or statu-
tory body having only advisory powers.
(b) Each state and county officer, before entering upon the
duties of the office, shall give bond as required by law, and
shall swear or affirm:
"I do solemnly swear (or affirm) that I will support, pro-
tect, and defend the Constitution 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.",
and thereafter shall devote personal attention to the duties of
the office, and continue in office until his successor qualifies.
(c) The powers, duties, compensation, and method of pay-
ment of state and county officers shall be fixed by law.
Section 6. ENEMY ATTACK.-In periods of emergency
resulting from enemy attack the legislature shall have power
to provide for prompt and temporary succession to the powers
and duties of all public offices the incumbents of which may
become unavailable to execute the functions of their offices, and
to adopt such other measures as may be necessary and appro-
priate to insure the continuity of governmental operations
during the emergency. In exercising these powers, the legisla-
ture may depart from other requirements of this constitution,
but only to the extent necessary to meet the emergency.

ARTICLE III
LEGISLATURE
Section 1. COMPOSITION.-The legislative power of the
state shall be vested in a legislature of the State of Florida,
consisting of a senate composed of one senator elected from
each senatorial district and a house of representatives composed
of one member elected from each representative district.
Section 2. MEMBERS-OFFICERS.-Each house shall be
the sole judge of the qualifications, elections, and returns of
its members, and shall biennially choose its officers, including
a permanent presiding officer selected from its membership,
who shall be designated in the senate as President of the Sen-
ate, and in the house as Speaker of the House of Representa-
tives. The senate shall designate a Secretary to serve at its
pleasure, and the house of representatives shall designate a
Clerk to serve at its pleasure. The legislature shall appoint an
auditor to serve at its pleasure who shall audit public records
and perform related duties as prescribed by law or concurrent
resolution.
Section 3. SESSIONS OF THE LEGISLATURE.-
(a) ORGANIZATION SESSIONS. On the fourteenth day
following each general election the legislature shall convene
for the exclusive purpose of organization and selection of offi-
cers.
(b) REGULAR SESSIONS. A regular session of the leg-
islature shall convene on the first Tuesday after the first
Monday in April of each odd-numbered year, and on the first
Tuesday after the first Monday in April, or such other date as
may be fixed by law, of each even-numbered year.
(c) SPECIAL SESSIONS.
(1) The governor, by proclamation stating the purpose,
may convene the legislature in special session during which
only such legislative business may be transacted as is within
the purview of the proclamation, or of a communication from
the governor, or is introduced by consent of two-thirds of the
membership of each house.

(2) A special session of the legislature may be convened
as provided by law.

iE OF REPRESENTATIVES July 1, 1968

(d) LENGTH OF SESSIONS. A regular session of the
the legislature shall not exceed sixty consecutive days and a
special session shall not exceed twenty consecutive days, unless
extended beyond such limit by a three-fifths vote of each house.
During such an extension no new business may be taken up in
either house without the consent of two-thirds of its member-
ship.
(e) ADJOURNMENT. Neither house shall adjourn for more
than seventy-two consecutive hours except pursuant to concur-
rent resolution.
(f) ADJOURNMENT BY GOVERNOR. If, during any
regular or special session, 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 that, at least twenty-four hours before ad-
journing the session, he shall, while neither house is in recess,
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 4. QUORUM AND PROCEDURE.-
(a) A majority of the membership of each house shall con-
stitute a quorum, but a smaller number may adjourn from day
to day and compel the presence of absent members in such
manner and under such penalties as it may prescribe. Each
house shall determine its rules of procedure.
(b) Sessions of each house shall be public; except sessions
of the senate when considering appointment to or removal from
public office may be closed.
(c) Each house shall keep and publish a journal of its
proceedings; and upon the request of five members present, the
vote of each member voting on any question shall be entered
on the journal.
(d) Each house may punish a member for contempt or
disorderly conduct and, by a two-thirds vote of its membership,
may expel a member.
(e) Senators and Representatives shall, in all cases except
treason, felony and breach of peace, be privileged from arrest
during their attendance at the session of their respective houses
and in going to and returning from the same; and for any
speech or debate in either House or Committee, they shall not
be questioned in any other place.
Section 5. INVESTIGATIONS WITNESSES.-Each
house, when in session, may compel attendance of witnesses
and production of documents and other evidence upon any
matter under investigation before it or any of its committees,
and may punish by fine not exceeding one thousand dollars or
imprisonment not exceeding ninety days, or both, any person
not a member who has been guilty of disorderly or contemptu-
ous conduct in its presence, or has refused to obey its lawful
summons or to answer lawful questions. Such powers, except
the power to punish, may be conferred by law upon committees
when the legislature is not in session. Punishment of contempt
of an interim legislative committee shall be by judicial pro-
ceedings as prescribed by law.
Section 6. LA WS.-Every law shall embrace but one subject
and matter properly connected therewith, and the 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 or amended act, section, sub-
section or paragraph of a subsection. The enacting clause of
every law shall read: "Be It Enacted by the Legislature of the
State of Florida:".
Section 7. PASSAGE OF BILLS.-Any bill may originate
in either house and after passage in one may be amended in
the other. It shall be read in each house on three separate days,
unless this rule is waived by two-thirds vote. On each reading,
it shall be read by title only, unless one-third of the members
present desire it read in full. On final passage, the vote of each
member voting shall be entered on the journal. Passage of a bill
shall require a majority vote in each house. Each bill and
joint resolution passed in both houses shall be signed by the
presiding officers of the respective houses and by the secretary
of the senate and the clerk of the house of representatives

during the session or as soon as practicable after its adjourn-
ment sine die.
Section 8. EXECUTIVE APPROVAL AND VETO.-
(a) Every bill passed by the legislature shall be presented
to the governor for his approval and shall become a law if he

JOURNAL OF THE HOUSE

approves and signs it, or fails to veto it within seven consecu-
tive days after presentation. If during that period or on the
seventh day the legislature adjourns sine die or takes a recess
of more than thirty days, he shall have fifteen consecutive days
from the date of presentation to act on the bill. In all cases
except general appropriation bills, the veto shall extend to the
entire bill. The governor may veto any specific appropriation
in a general appropriation bill, but may not veto any qualifi-
cation or restriction without also vetoing the appropriation to
which it relates.
(b) When a bill or any specific appropriation 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 in session. 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 regular or special session,
and they shall be entered on its journal.
(c) If each house shall, by a two-thirds vote, re-enact the
bill or reinstate the vetoed specific appropriation of a general
appropriation bill, the vote of each member voting shall be
entered on the respective journals, and the bill shall become
law or the specific appropriation reinstated, the veto notwith-
standing.
Section 9. EFFECTIVE DATE OF LAWS.-Each law
shall take effect on the sixtieth day after adjournment sine die
of the session of the legislature in which enacted or as other-
wise provided therein. If the law is passed over the veto of the
governor it shall take effect on the sixtieth day after adjourn-
ment sine die of the session in which the veto is overridden,
on a later date fixed in the law, or on a date fixed by resolution
passed by both houses of the legislature.
Section 10. SPECIAL LAWS.-No special law shall be
passed unless notice of intention to seek enactment thereof has
been published in the manner provided by general law. Such
notice shall not be necessary when the law, except the provision
for referendum, is conditioned to become effective only upon
approval by vote of the electors of the area affected.
Section 11. PROHIBITED SPECIAL LAWS.-
(a) There shall be no special law or general law of local
application pertaining to:
(1) election, jurisdiction or duties of officers, except officers
of municipalities, chartered counties, special districts or local
governmental agencies;
(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) rules of evidence in any court;
(4) punishment for crime;
(5) 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
based on private contracts, or fixing of interest rates on pri-
vate contracts;
(10) disposal of public property, including any interest
therein, for private purposes;
(11) vacation of roads;
(12) private incorporation or grant of privilege to a
private corporation;
(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;

July 1, 1968

(b) FAILURE OF LEGISLATURE TO APPORTION-
JUDICIAL REAPPORTIONMENT. In the event a special ap-
portionment session of the legislature finally adjourns without
adopting a joint resolution of apportionment, the attorney

;E OF REPRESENTATIVES 59

(17) relief of minors from legal disabilities;
(18) transfer of any property interest of persons under
legal disabilities or of estates of decedents;
(19) hunting or fresh water fishing;
S(20) regulation of occupations which are regulated by a
state agency; or
(21) any subject when prohibited by general law passed
by a three-fifths vote of the membership of each house. Such
law may be amended or repealed by like vote.
(b) In the enactment of general laws on other subjects,
political subdivisions or other governmental entities may be
classified only on a basis reasonably related to the subject of
the law.
Section 12. APPROPRIATION BILLS.-Laws making ap-
propriations for salaries of public officers and other current
expenses of the state shall contain provisions on no other
subject.
Section 13. TERM OF OFFICE.-No office shall be created
the term of which shall exceed four years except as provided
herein.
Section 14. CIVIL SERVICE SYSTEM.-By law there shall
be created a civil service system for state employees, except
those expressly exempted, and there may be created civil service
systems and boards for county, district or municipal employees
and for such offices thereof as are not elected or appointed by
the governor, and there may be authorized such board s are
necessary to prescribe the qualifications, method of selection
and tenure of such employees and officers.
Section 15. TERMS AND QUALIFICATIONS OF LEGIS-
LATORS.-
(a) SENATORS. Senators shall be elected for terms of
four years, those from odd-numbered districts in the years the
numbers of which are multiples of four, and those from even-
numbered districts in even-numbered years the numbers of
which are not multiples of four; except, at the election next
following a reapportionment, some senators shall be elected for
terms of two years when necessary to maintain staggered terms.
(b) REPRESENTATIVES. Members of the house of rep-
resentatives shall be elected for terms of four years, those
from odd-numbered districts in the years the numbers of
which are multiples of four, and those from even-numbered
districts in even-numbered years the numbers of which are not
multiples of four; except, at the election next following a reap-
portionment, some representatives shall be elected for terms
of two years when necessary to maintain staggered terms.
(c) QUALIFICATIONS. Each legislator shall be at least
twenty-one years of age, an elector and resident of the district
from which elected and shall have resided in the state for a
period of two years prior to election.
(d) ASSUMING OFFICE-VACANCIES. Members of the
legislature shall take office upon election. Vacancies in legisla-

year following each decennial census, by joint resolution, shall
apportion the state in accordance with the constitution of the
state and of the United States into not less than thirty nor more
than fifty consecutively numbered senatorial districts of either
contiguous, overlapping or identical territory, and into not less
than eighty nor more than one hundred twenty consecutively
numbered representative districts of either contiguous, over-
lapping or identical territory. Should that session adjourn
without adopting such joint resolution, the governor by procla-
mation shall reconvene the legislature within thirty days in
special apportionment session which shall not exceed thirty
consecutive days, during which no other business shall be trans-
acted, and it shall be the mandatory duty of the legislature to
adopt a joint resolution of apportionment.

60 JOURNAL OF THE HOU

general shall, within five days, petition the supreme court of the
state to make such apportionment. No later than the sixtieth
day after the filing of such petition, the supreme court shall
file with the secretary of state an order making such appor-
tionment.

(c) JUDICIAL REVIEW OF APPORTIONMENT. Within
fifteen days after the passage of the joint resolution of appor-
tionment, the attorney general shall petition the supreme court
of the state for a declaratory judgment determining the valid-
ity of the apportionment. The supreme court, in accordance
with its rules, shall permit adversary interests to present their
views and, within thirty days from the filing of the petition,
shall enter its judgment.

(d) EFFECT OF JUDGMENT IN APPORTIONMENT-
EXTRAORDINARY APPORTIONMENT SESSION. A judg-
ment of the supreme court of the state determining the appor-
tionment to be valid shall be binding upon all the citizens of
the state. Should the supreme court determine that the appor-
tionment made by the legislature is invalid, the governor by
proclamation shall reconvene the legislature within five days
thereafter in extraordinary apportionment session which shall
not exceed fifteen days, during which the legislature shall adopt
a joint resolution of apportionment conforming to the judgment
of the supreme court.

(e) EXTRAORDINARY APPORTIONMENT SESSION-
REVIEW OF APPORTIONMENT. Within fifteen days after
the adjournment of an extraordinary apportionment session,
the attorney general shall file a petition in the supreme court
of the state setting forth the apportionment resolution adopted
by the legislature, or if none has been adopted, reporting that
fact to the court. Consideration of the validity of a joint reso-
lution of apportionment shall be had as provided for in cases
of such joint resolution adopted at a regular or special appor-
tionment session.

(f) JUDICIAL REAPPORTIONMENT. Should an extraor-
dinary apportionment session fail to adopt a resolution of
apportionment or should the supreme court determine that the
apportionment made is invalid, the court shall, not later than
sixty days after receiving the petition of the attorney general,
file with the secretary of state an order making such appor-
tionment.

Section 17. IMPEACHMENT.-
(a) The governor, lieutenant governor, members of the
cabinet, justices of the supreme court and judges of other
courts shall be liable to impeachment for misdemeanor in office.
The house of representatives by two-thirds vote shall have the
power to impeach an officer. The speaker of the house of repre-
sentatives shall have power at any time to appoint a committee
to investigate charges against any officer subject to impeach-
ment.
(b) An officer impeached by the house of representatives
shall be disqualified from performing any official duties until
acquitted by the senate, and unless the governor is impeached
he may by appointment fill the office until completion of the
trial.
(c) All impeachments by the house of representatives shall
be tried by the senate. The chief justice of the supreme court,
or another justice designated by him, shall preside at the trial,
except in a trial of the chief justice, in which case the governor
shall preside. The senate shall determine the time for the trial
of any impeachment and may sit for the trial whether the
house of representatives be in session or not. The time fixed
for trial shall not be more than six months after the impeach-
ment. During an impeachment trial senators shall be upon their
oath or affirmation. No officer shall be convicted without the
concurrence of two-thirds of the members of the senate present.
Judgment of conviction in cases of impeachment shall remove
the offender from office and, in the discretion of the senate,
may include disqualifications to hold any office of honor, trust
or profit. Conviction or acquittal shall not affect the civil or
criminal responsibility of the officer.

Section 18. CONFLICT OF INTEREST.-A code of ethics
for all state employees and non-judicial officers prohibiting con-
flict between public duty and private interests shall be pre-
scribed by law.

IS

;E OF REPRESENTATIVES July 1, 1968

ARTICLE IV
EXECUTIVE
Section 1. GOVERNOR.-
(a) The supreme executive power shall be vested in a
governor. He shall be commander-in-chief of all military forces
of the state not in active service of the United States. He shall
take care that the laws be faithfully executed, commission all
officers of the state and counties, and transact all necessary
business with the officers of government. He may require in-
formation in writing from all executive or administrative state,
county, or municipal officers upon any subject relating to the
duties of their respective offices.
(b) The governor may initiate judicial proceedings in the
name of the state against any executive or administrative state,
county or municipal officer to enforce compliance with any duty
or restrain any unauthorized act.
(c) The governor may request in writing the opinion of
the justices of the supreme court as to the interpretation of
any portion of this constitution 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 presented and shall render their written opinion
not earlier than ten days from the filing and docketing of such
request, unless in their judgment such delay would cause
public injury.
(d) The governor shall have power to call out the militia
to preserve the public peace, execute the laws of the state,
suppress insurrection, or repel invasion.,
(e) The governor shall by message at least once in each
regular session inform the legislature concerning the condition
of the state, propose such reorganization of the executive de-
partment as will promote efficiency and economy, and recom-
mend measures in the public interest.
(f) When not otherwise provided for in this constitution,
the governor shall fill by appointment any vacancy in state or
county office for the remainder of the term of an appointive
office, and for the remainder of the term of an elective office
if less than twenty-eight months, otherwise until the first
Tuesday after the first Monday following the next general
election.
Section 2. LIEUTENANT GOVERNOR.-
(a) DUTIES. There shall be a lieutenant governor. He
shall perform such duties pertaining to the office of governor
as shall be assigned to him by the governor, except when other-
wise provided by law, and such other duties as may be pre-
scribed by law.
(b) SUCCESSION TO OFFICE OF GOVERNOR. Upon
vacancy in the office of governor, the lieutenant governor shall
become governor. Further succession to the office of governor
shall be prescribed by law. A successor shall serve for the
remainder of the term.
(c) ACTING GOVERNOR. Upon impeachment of the gov-
ernor and until completion of trial thereof, or during his
physical or mental incapacity, the lieutenant governor shall act
as governor. Further succession as acting governor shall be
prescribed by law. Incapacity to serve as governor may be
determined by the supreme court upon due notice after docket-
ing of a written suggestion thereof by four cabinet members,
and in such case restoration of capacity shall be similarly
determined after docketing of written suggestion thereof by
the governor, the legislature or four cabinet members.
Incapacity to serve as governor may also be estab-
lished by certificate filed with the secretary of state by the
governor declaring his incapacity for physical reasons to serve
as governor, and in such case restoration of capacity shall be
similarly established.
Section 3. CABINET.-
(a) There shall be a cabinet composed of a secretary of
state, an attorney general, a comptroller, a treasurer, a com-
missioner of agriculture and a commissioner of education. In

addition to the powers and duties specified herein, they shall
exercise such powers and perform such duties as may be pre-
scribed by law.
(b) The secretary of state shall keep the records of the
official acts of the legislative and executive departments.

JOURNAL OF THE HOU!

(c) The attorney general shall be the chief state legal
officer.
(d) The comptroller shall serve as the chief fiscal officer
of the state, and shall settle and approve accounts against the
state.
(e) The treasurer shall keep all state funds and securities.
He shall disburse state funds only upon the order of the comp-
troller, countersigned by the governor. The governor shall
countersign as a ministerial duty subject to original mandamus.
(f) The commissioner of agriculture shall have supervision
of matters pertaining to agriculture except as otherwise pro-
vided by law.
(g) The commissioner of education shall supervise the pub-
lic education system in the manner prescribed by law.
Section 4. ELECTION OF GOVERNOR, LIEUTENANT
GOVERNOR AND CABINET MEMBERS-QUALIFICA-
TIONS-TERMS. -
(a) At a state-wide general election in each calendar year
the number of which is even but not a multiple of four, the
electors shall choose a governor and a lieutenant governor and
members of the cabinet each for a term of four years beginning
on the first Tuesday after the first Monday in January of the
succeeding year. In the general election and in party primaries,
if held, all candidates for the offices of governor and lieutenant
governor shall form joint candidacies in a manner prescribed
by law so that each voter shall cast a single vote for a candidate
for governor and a candidate for lieutenant governor running
together.
(b) When elected, the governor, lieutenant governor and
each cabinet member must be an elector not less than thirty
years of age who has resided in the state for the preceding
seven years. The attorney general must have been a member
of the bar of Florida for the preceding five years. No person
who has, or but for resignation would have, served as governor
or acting governor for more than six years in two consecutive
terms shall be elected governor for the succeeding term.
Section 5. EXECUTIVE DEPARTMENTS.-All functions
of the executive branch of state government shall be allotted
among not more than twenty-five departments, exclusive of
those specifically provided for or authorized in this constitution.
The administration of each department, unless otherwise pro-
vided in this constitution, shall be placed by law under the
direct supervision of the governor, the lieutenant governor, the
governor and cabinet, a cabinet member, or an officer or board
appointed by and serving at the pleasure of the governor,
except:
(a) When provided by law, confirmation by the senate or
the approval of three members of the cabinet shall be required
for appointment to or removal from any designated statutory
office.
(b) Boards authorized to grant and revoke licenses to en-
gage in regulated occupations shall be assigned to appropriate
departments and their members appointed for fixed terms,
subject to removal only for cause.
Section 6. SUSPENSIONS-FILLING OFFICE DURING
SUSPENSIONS.-
(a) By executive order stating the grounds 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 perform his
official duties, or commission of a felony, and may fill the office
by appointment for the period of suspension. The suspended
officer may at any time before removal be reinstated by the
governor.
(b) The senate may, in proceedings prescribed by law,
remove from office or reinstate the suspended official and for
such purpose the senate may be convened in special session by
its president or by a majority of its membership.

(c) By order of the governor any elected municipal officer
indicted for crime may be suspended from office until acquitted
and the office filled by appointment for the period of suspension,
not to extend beyond the term, unless these powers are vested
elsewhere by law or the municipal charter.

July 1, 1968

than one thousand dollars, and to every widow or person who
is blind or totally and permanently disabled, property to the
value fixed by general law not less than five hundred dollars.
Section 3. TAXATION--ASSESSMENTS.-By general law
regulations shall be prescribed which shall secure a just valua-
tion of all property for ad valorem taxation, provided:

SE OF REPRESENTATIVES 61

Section 7. CLEMENCY.-
(a) Except in cases of treason and in cases where impeach-
ment results in conviction, the governor may, by executive order
filed with the secretary of state, suspend collection of fines and
forfeitures, grant reprieves not exceeding sixty days and, with
the approval of three members of the cabinet, grant full or
conditional pardons, restore civil rights, commute punishment,
and remit fines and forfeitures for offenses.
(b) In cases of treason the governor may grant reprieves
until adjournment of the regular session of the legislature
convening next after the conviction, at which session the legis-
lature may grant a pardon or further reprieve; otherwise the
sentence shall be executed.
(c) There may be created by law a parole and probation
commission with power to supervise persons on probation and
to grant paroles or conditional releases to persons under sen-
tences for crime. The qualifications, method of selection and
terms, not to exceed six years, of members of the commission
shall be prescribed by law.
Section 8. GAME AND FRESH WATER FISH COMMIS-
SION.-There shall be a game and fresh water fish commission,
composed of five members appointed by the governor for stag-
gered terms of five years. The commission shall exercise the
non-judicial powers of the state with respect to wild animal
life and fresh water aquatic life, except that all license fees
for taking wild animal life and fresh water aquatic life and
penalties for violating regulations of the commission shall be
prescribed by specific statute.
ARTICLE VII
FINANCE AND TAXATION
Section 1. TAXATION-APPROPRIATIONS-STATE EX-
PENSES.-
(a) No tax shall be levied except in pursuance of law. No
state ad valorem taxes shall be levied upon real estate or
tangible personal property. All other forms of taxation shall
be preempted to the state except as provided by general law.
(b) Motor vehicles, boats, airplanes, trailers, trailer coaches
and mobile homes, as defined by law, shall be subject to a
license tax for their operation in the amounts and for the
purposes prescribed by law, but shall not be subject to ad
valorem taxes.
(c) No money shall be drawn from the treasury except in
pursuance of appropriation made by law.
(d) Provision shall be made by law for raising sufficient
revenue to defray the expenses of the state for each fiscal
period.
Section 2. TAXES-RATE.-All ad valorem taxation shall
be at a uniform rate within each taxing unit except:
(a) The tax on intangible personal property shall never
exceed two mills on the dollar of assessed value; provided that
as to any obligations secured by mortgage, deed of trust, or
other lien on real estate wherever located, an intangible tax of
not more than two mills on the dollar may be levied by law to
be in lieu of all other intangible assessments on such obligations.
(b) All property owned by a municipality and used exclu-
sively by such municipality for municipal or public purposes
within the county in which the municipality is located shall be
exempt from taxation. By general law other property owned
by a municipality and used exclusively for municipal or public
purposes, and such portions of property used exclusively for
educational, literary, scientific, religious or charitable purposes,
or held by a trustee pursuant to an employee benefit plan if
the trust has qualified for exemption from federal income tax
under the laws of the United States of America, may be ex-
empted from taxation.
(c) There shall be exempt from taxation, cumulatively, to
every head of a family residing in this state, household goods
and personal effects to the value fixed by general law, not less

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(a) Agricultural land or land used exclusively for non-
commercial recreational purposes may be classified by general
law and assessed solely on the basis of character or use.
(b) Pursuant to general law tangible personal property
held for sale as stock in trade and livestock may be valued for
taxation at a specified percentage of its value.
Section 4. ESTATE, INHERITANCE AND INCOME
TAXES.-No tax upon estates or inheritances or upon the
income of residents or citizens of the state shall be levied by
the state, or under its authority, in excess of the aggregate of
amounts which may be allowed to be credited upon or deducted
from any similar tax levied by the United States or any state.
Section 5. HOMESTEAD EXEMPTIONS.-
(a) Every person who has the legal or equitable title to
real estate and maintains thereon the permanent residence of
the owner, or another legally or naturally dependent upon the
owner, shall be exempt from taxation thereon, except assess-
ments for special benefits, up to the assessed valuation of five
thousand dollars upon establishment of right thereto in the
manner prescribed by law. The real estate may be held by
legal or equitable title, by the entireties jointly, in common,
as a condominium, or indirectly by stock ownership or
membership representing the owner's or member's proprie-
tary interest in a corporation owning a fee or a leasehold
initially in excess of ninety-eight years.
(b) Not more than one exemption shall be allowed any
individual or family unit or with respect to any residential unit.
No exemption shall exceed the value of the real estate assess-
able to the owner or, in case of ownership through stock or
membership in a corporation, the value of the proportion which
his interest in the corporation bears to the assessed value of
the property.
(c) By law passed by a majority of each house of the legis-
lature and subject to conditions specified therein, the exemption
may be increased to an amount not exceeding ten thousand dol-
lars of the assessed value of the real estate if the owner has
attained age sixty-five or is totally and permanently disabled.
Section 6. ALLOCATION OF PARI-MUTUEL TAXES.-
Taxes upon the operation of pari-mutuel pools may be pre-
empted to the state or allocated in whole or in part to o the
counties. When allocated to the counties, the distribution shall
be in equal amounts to the several counties.
Section 7. AID TO LOCAL GOVERNMENTS.- State funds
may be appropriated to the several counties, school districts,
municipalities or special districts upon such conditions as may
be provided by general law.
Section 8. LOCAL TAXES.-
(a) Counties, school districts, and municipalities shall, and
special districts may, be authorized by law to levy ad valorem
taxes and may be authorized by general law to levy other taxes,
for their respective purposes, except ad valorem taxes on intan-
gible personal property and taxes prohibited by this constitution.
(b) Ad valorem taxes, exclusive of taxes levied for the pay-
ment of bonds and taxes levied when authorized by vote of the
electors who are the owners of freeholds therein not wholly
exempt from taxation, shall not be levied in excess of the fol-
lowing millages upon the assessed value of real estate and
tangible personal property: for all county purposes, ten mills;
for all municipal purposes, ten mills; for all school purposes,
ten mills; and for special districts a village authorized by law
approved by vote of the electors who are owners of freeholds
therein not wholly exempt from taxation. A county furnishing
municipal services may, to the extent authorized by law, levy
additional taxes within the limits fixed for municipal purposes.
Section 9. PLEDGING CREDIT.-Neither the state nor any
county, school district, municipality, special district, or agency
of any of them, shall become a joint owner with, or stockholder
of, or give, lend, or use its taxing power or credit to aid any
corporation, association, partnership, or person; but this shall
not prohibit laws authorizing:
(a) the investment of public trust funds;
(b) the investment of other public funds in obligations of,
or insured by, the United States or any of its instrumentalities;

(c) the issuance and sale by any county, municipality, spe-
cial district or other local governmental body of (1) revenue

;E OF REPRESENTATIVES July 1, 1968

bonds to finance or refinance the cost of capital projects for
airports or port facilities, or (2) revenue bonds to finance or
refinance the cost of capital projects for industrial or manu-
facturing plants to the extent that the interest thereon is
exempt from income taxes under the then existing laws of the
United States, when, in either case, the revenue bonds are pay-
able solely from revenue derived from the sale, operation, or
leasing of the projects. Any project so financed, or any part
thereof, which is occupied or operated by any private corpora-
tion, association, partnership or person pursuant to contract or
lease with the issuing body, shall be subject to taxation to the
same extent as privately owned property.
Section 10. STATE BONDS-REVENUE BONDS.-
(a) State bonds pledging the full faith and credit of the
state may be issued only to finance or refinance the cost of state
capital projects upon approval by a vote of the electors; pro-
vided state bonds issued pursuant to this subsection (a) may
be refunded without a vote of the electors at a lower net aver-
age interest cost rate. The total outstanding principal of state
bonds issued pursuant to this subsection (a) shall never exceed
fifty per cent of the total tax revenues of the state for the two
preceding fiscal years.
(b) Moneys sufficient to pay debt service on state bonds
as the same becomes due shall be appropriated by law.
(c) Revenue bonds may be issued by the state or its agen-
cies without a vote of the electors only to finance or refinance
the cost of state capital projects and shall be payable solely
from funds derived from sources other than state tax revenues
or rents or fees paid from state tax revenues.
Section 11. LOCAL BONDS.-Counties, school districts,
municipalities, special districts and local governmental bodies
with taxing powers may issue bonds, certificates of indebtedness
or any form of tax anticipation certificates, payable from ad
valorem taxation and maturing more than twelve months after
issuance only:
(a) to finance or refinance capital projects authorized by
law and only when approved by vote of the electors who are
owners of freeholds therein not wholly exempt from taxation;
or
(b) to refund outstanding bonds and interest and redemp-
tion premium thereon at a lower net average interest cost rate.
Section 12. RELIEF FROM ILLEGAL TAXES.-Until
payment of all taxes which have been legally assessed upon the
property of the same owner, no court shall grant relief from
the payment of any tax that may be illegal or illegally as-
sessed.
ARTICLE IX
EDUCATION
Section 1. SYSTEM OF PUBLIC EDUCATION.-Adequate
provision shall be made by law for a uniform system of free
public schools and for the establishment, maintenance and
operation of institutions of higher learning and other public
education programs that the needs of the people may require.
Section 2. STATE BOARD OF EDUCATION.-The gover-
nor and the members of the cabinet shall constitute a state
board of education, which shall be a body corporate and have
such supervision of the system of public education as provided
by law.
Section 3. TERMS OF APPOINTIVE BOARD MEMBERS.
-Members of any appointive board dealing with education
may serve terms in excess of four years as provided by law.
Section 4. SCHOOL DISTRICTS-SCHOOL BOARDS.-
(a) Each county shall constitute a school district; pro-
vided two or more contiguous counties may be combined by a
majority vote of the electors in each of the school districts
to be combined into one school district. In each school district
there shall be a school board composed of five or more mem-
bers chosen by vote of the electors for appropriately stag-
gered terms of four years, as provided by law.

(b) The school board shall operate, control and supervise
all free public schools within the school district and determine
the rate of school district taxes within the limits as otherwise
provided in this constitution. Two or more school districts may
operate and finance joint educational programs.

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Section 5. SUPERINTENDENT OF SCHOOLS.-In each
school district there shall be a superintendent of schools. He
shall be elected at the general election in each year the number
of which is a multiple of four for a term of four years; or,
when provided by resolution of the district school board or by
special law approved by vote of the electors, the office of district
school superintendent in any school district shall be filled by
appointment by the district school board; as provided by gen-
eral law. Such resolution or special law may be rescinded by
like procedure after four years.
Section 6. STATE SCHOOL FUND.-The income derived
from the state school fund shall, and the principal of such fund
may, be appropriated only to the support and maintenance of
free public schools.
ARTICLE X
MISCELLANEOUS
Section 1. AMENDMENTS TO UNITED STATES CON-
STITUTION.-The legislature shall not take action on any
proposed amendment to the constitution of the United States
unless a majority of the members thereof have been elected
after the proposed amendment has been submitted for ratifi-
cation.
Section 2. MILITIA.-
(a) The militia shall be composed of all able-bodied inhabi-
tants of the state who are or have declared their intention to
become citizens of the United States; and no person because of
religious creed or opinion shall be exempted from military duty
except upon conditions provided by law.
(b) The organizing, equipping, housing, maintaining, and
disciplining of the militia, and the safekeeping of public arms
may be provided for by law.
(c) The governor shall appoint all commissioned officers of
the militia, including an adjutant general who shall be chief
of staff. The appointment of all general officers shall be sub-
ject to confirmation by the senate.
(d) The qualifications of personnel and officers of the fed-
erally recognized national guard, including the adjutant general,
and the grounds and proceedings for their discipline and re-
moval shall conform to the appropriate United States army or
air force regulations and usages.
Section 3. VACANCY IN OFFICE.-Vacancy in office shall
occur upon the creation of an office, upon the death of the
incumbent or his removal from office, resignation, succession to
another office, unexplained absence for sixty consecutive days,
or failure to maintain the residence required when elected or
appointed, and upon failure of one elected or appointed to office
to qualify within thirty days from the commencement of the
term.
Section 4. HOMESTEAD-EXEMPTIONS.-
(a) There shall be exempt from forced sale under process
of any court, and no judgment, decree or execution shall be a
lien thereon, except for the payment of taxes and assessments
thereon, obligations contracted for the purchase, improvement
or repair thereof, or obligations contracted for house, field or
other labor performed on the realty, the following property
owned by the head of a family:
(1) a homestead, if located outside a municipality, to the
extent of one hundred sixty acres of contiguous land and im-
provements thereon, which shall not be reduced without the
owner's consent by reason of subsequent inclusion in a munici-
pality; or if located within a municipality, to the extent of
one-half acre of contiguous land, upon which the exemption
shall be limited to the residence of the owner or his family;
(2) personal property to the value of one thousand dollars.
(b) These exemptions shall inure to the surviving spouse
or heirs of the owner.
(c) The homestead shall not be subject to devise if the
owner is survived by spouse or minor child. The owner of

homestead real estate, joined by the spouse if married, may
alienate the homestead by mortgage, sale or gift and, if mar-
ried, may by deed transfer the title to an estate by the entirety
with the spouse. If the owner or spouse is incompetent, the
method of alienation or encumbrance shall be as provided by
law,

July 1, 1968

(f) The terms "judicial office," "justices" and "judges" shall
not include judges of courts established solely for the trial of
violations of ordinances.
(g) "Special law" means a special or local law.

SE OF REPRESENTATIVES 63

Section 5. COVERTURE AND PROPERTY.-There shall
be no distinction between married women and married men in
the holding, control, disposition, or encumbering of their prop-
erty, both real and personal; except that dower or courtesy may
be established and regulated by law.
Section 6. EMINENT DOMAIN.-
(a) No private property shall be taken or damaged except
for a public purpose and with full compensation therefore, in-
cluding damages arising from the taking, as determined by a
jury, and court costs, reasonable expenses and attorneys' fees,
as determined by a court, paid to each owner or secured by
deposit in the registry of the court and available to the owner.
(b) After judicial determination of necessity, title and pos-
session of the property may be taken before final judgment
upon deposit in the registry of the court, available to the owner,
of a sum found by the judge of the court to be fair and reason-
able after a hearing pursuant to reasonable notice as provided
by law.
(c) Any owner may withdraw from the registry of the
court the amount found by the court to be fair and reasonable,
made before judgment without waiving the right to jury trial,
or the deposit of the sum awarded by judgment after trial
without waiving the right of appeal. No appeal from any order
or judgment of taking shall operate as a supersedeas.
(d) Provision may be made by law for the taking, by like
proceedings, for the drainage of the land of one person over
or through the land of another.
Section 7. LOTTERIES.-Lotteries, other than the types of
pari-mutuel pools authorized by law as of the effective date
of this constitution, are hereby prohibited in this state.
Section 8. CENSUS.-
(a) Each decennial census of the state taken by the United
States shall be an official census of the state.
(b) Each decennial census, for the purpose of classifications
based upon population, shall become effective on the thirtieth
day after the final adjournment of the regular session of the
legislature convened next after certification of the census.
Section 9. REPEAL OF CRIMINAL STATUTES.-Repeal
or amendment of a criminal statute shall not affect prosecution
or punishment for any crime previously committed.
Section 10. FELONY-DEFINITION.-The term "felony"
as used herein and in the laws of this state shall mean any
criminal offense punishable in this state or that would be pun-
ishable if committed in this state, by death or imprisonment
exceeding one year. Such imprisonment shall be in the state
penitentiary unless otherwise provided by law.
Section 11. SOVEREIGNTY LANDS.-The title to lands
under navigable waters, within the boundaries of the state,
which have not been alienated, including beaches below mean
high water lines, is held by the state, by virtue of its sovereignty,
in trust for all the people. Sale or private use of portions of
such lands may be authorized by law, but only when not con-
trary to the public interest.
Section 12. RULES OF CONSTRUCTION.-Unless quali-
fied 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.
(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 electors of the
governmental unit referred to in the text.
(e) Vote or other action of a legislative house or other gov-
ernmental body means the vote or action of a majority or other
specified percentage of those members voting on the matter.
"Of the membership" means "of all members thereof."

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(h) Titles and subtitles shall not be used in construction.
Section 13. SOVEREIGN IMMUNITY.- Provision may
be made by general law for bringing suits against the state
as to all liabilities now existing or hereafter originating.
ARTICLE XI
AMENDMENTS
Section 1. PROPOSAL BY LEGISLATURE.-Amendment
of a section or revision of one or more articles, or the whole,
of this constitution may be proposed by joint resolution agreed
to by three-fifths of the membership of each house of the legis-
lature. The full text of the joint resolution and the vote of each
member voting shall be entered on the journal of each house.
Section 2. REVISION COMMISSION.-
(a) Within thirty days after the adjournment of the regular
session of the legislature convened in the tenth year following
that in which this constitution is adopted, and each twentieth
year thereafter, there shall be established a constitution revision
commission composed of the following thirty-seven members:
(1) the attorney general of the state;
(2) fifteen members selected by the governor;
(3) nine members selected by the speaker of the house of
representatives and nine members selected by the president of
the senate; and
(4) three members selected by the chief justice of the
supreme court of Florida with the advice of the justices.
(b) The governor shall designate one member of the com-
mission as its chairman. Vacancies in the membership of the
commission shall be filled in the same manner as the original
appointments.
(c) Each constitution revision commission shall convene at
the call of its chairman, adopt its rules of procedure, examine
the constitution of the state, hold public hearings, and, not
later than one hundred eighty days prior to the next general
election, file with the secretary of state its proposal, if any, of
a revision of this constitution or any part of it.
Section 3. INITIATIVE.-The power to propose amend-
ments to any section of this constitution by initiative is re-
served to the people. It may be invoked by filing with the
secretary of state a petition containing a copy of the proposed
amendment, signed by a number of electors in each of one half
of the congressional districts of the state, and of the state as
a whole, equal to eight per cent of the votes cast in each of such
districts respectively and in the state as a whole in the last
preceding election in which presidential electors were chosen.
Section 4. CONSTITUTIONAL CONVENTION.-
(a) The power to call a convention to consider a revision
of the entire constitution is reserved to the people. It may be
invoked by filing with the secretary of state a petition, con-
taining a declaration that a constitutional convention is desired,
signed by a number of electors in each of one half of the con-
gressional districts of the state, and of the state as a whole,
equal to fifteen per cent of the votes cast in each such district
respectively and in the state as a whole in the last preceding
election of presidential electors.
(b) At the next general election held more than ninety days
after the filing of such petition there shall be submitted to the
electors of the state the question: "Shall a constitutional con-
vention be held?" If a majority voting on the question votes in
the affirmative, at the next succeeding general election there
shall be elected from each representative district a member of
a constitutional convention. On the twenty-first day following
that election, the convention shall sit at the capital, elect offi-
cers, adopt rules of procedure, judge the election of its mem-
bership, and fix a time and place for its future meetings. Not
later than ninety days before the next succeeding general elec-
tion, the convention shall cause to be filed with the secretary
of state any revision of this constitution proposed by it.
Section 5. AMENDMENT OR REVISION ELECTION.-

(a) A proposed amendment to or revision of this constitu-
tion, or any part of it, shall be submitted to the electors at the
next general election held more than ninety days after the joint
resolution, initiative petition or report of revision commission
or constitutional convention proposing it is filed with the secre-

SE OF REPRESENTATIVES July 1, 1968

tary of state, unless, pursuant to law enacted by the affirmative
vote of three-fourths of the membership of each house of the
legislature and limited to a single amendment or revision, it is
submitted at an earlier special election held more than ninety
days after such filing.
(b) Once in the tenth week, and once in the sixth week
immediately preceding the week in which the election is held,
the proposed amendment or revision, with notice of the date of
election at which it will be submitted to the electors, shall be
published in one newspaper of general circulation in each county
in which a newspaper is published.
(c) If the proposed amendment or revision is approved by
vote of the electors, it shall be effective as an amendment to or
revision of the constitution of the state on the first Tuesday
after the first Monday in January following the election, or on
such other date as may be specified in the amendment or
revision.
ARTICLE XII
SCHEDULE
Section 1. CONSTITUTION OF 1885 SUPERSEDED.-
The Constitution of Florida adopted in 1885, as amended from
time to time, is superseded by this constitution except those
sections expressly retained and made a part of this constitution
by reference.
Section 2. PROPERTY TAXES-MILLAGES.-Notwith-
standing provisions herein to the contrary the status of the mill-
age authorized upon assessed value of property in municipalities,
counties and special districts of the state, as they exist on the
date this constitution becomes effective, is recognized and may
be continued until reduced by law.
Section 3. SARASOTA COUNTY HOMESTEAD TAX
EXEMPTION.-The status of Sarasota county as respects the
deferred allowance of homestead tax exemption under Article
X, Section 7, of the Constitution of 1885, as amended, shall
continue in effect until changed by vote of the electors of the
county to conform to Article VII, Section 5, of this constitu-
tion.
Section 4. OFFICERS TO CONTINUE IN OFFICE.-
Every person holding office when this constitution becomes
effective shall continue in office for the remainder of the term if
that office is not abolished. If the office is abolished the incum-
bent shall be paid adequate compensation, to be fixed by law,
for the loss of emoluments for the remainder of the term.
Section 5. STATE COMMISSIONER OF EDUCATION.-
The state superintendent of public instruction in office on the
effective date of this constitution shall become and, for the
remainder of the term being served, shall be the commissioner
of education.
Section 6. SUPERINTENDENT OF SCHOOLS.-
(a) On the effective date of this constitution the county
superintendent of public instruction of each county shall be-
come and, for the remainder of the term being served, shall be
the superintendent of schools of that district.
(b) The method of selection of the county superintendent
of public instruction of each county, as provided by or under
the Constitution of 1885, as amended, shall apply to the selec-
tion of the district superintendent of schools until changed as
herein provided.
Section 7. LAWS PRESERVED.-
(a) All laws in effect upon the adoption of this constitution,
to the extent not inconsistent with it, shall remain in force
until they expire by their terms or are repealed.
(b) All statutes which, under the Constitution of 1885, as
amended, apply to the state superintendent of public instruction
and those which apply to the county superintendent of public
instruction shall under this constitution apply, respectively, to
the state commissioner of education and the district superin-
tendent of schools.

Section 8. RIGHTS RESERVED.-
(a) All actions, rights of action, claims, contracts and
obligations of individuals, corporations and public bodies or
agencies existing on the date this constitution becomes effective
shall continue to be valid as if this constitution had not been

JOURNAL OF THE HOUSE

adopted. All taxes, penalties, fines and forfeitures owing to
the state under the Constitution of 1885, as amended, shall
inure to the state under this constitution, and all sentences as
punishment for crime shall be executed according to their terms.
(b) This constitution shall not be retroactive so as to create
any right or liability which did not exist under the Constitution
of 1885, as amended, based upon matters occurring prior to the
adoption of this constitution.
Section 9. PUBLIC DEBTS RECOGNIZED.-All bonds,
revenue certificates, revenue bonds and tax anticipation cer-
tificates issued pursuant to the Constitution of 1885, as amended,
by the state, any agency, political subdivision or public cor-
poration of the state shall remain in full force and effect and
shall be secured by the same sources of revenue as before the
adoption of this constitution, and, to the extent necessary to
effectuate this section, the applicable provisions of the Consti-
tution of 1885, as amended, are retained as a part of this con-
stitution until payment in full of these public securities.
Section 10. BONDS.-
(a) No additional revenue bonds shall be issued pursuant
to Article IX, Section 17, of the Constitution of 1885, as
amended, or after June 30, 1969, pursuant to Article XII,
Section 19, of the Constitution of 1885, as amended. The pro-
visions for interest rates contained in subsection (d) of this
section shall apply to such bonds as may be issued under this
subsection (a).
(b) REFUNDING BONDS. Revenue bonds to finance the
cost of state capital projects issued prior to the date this con-
stitution becomes effective, including projects of the Florida
state turnpike authority or its successor but excluding all por-
tions of the state highway system, may be refunded as provided
by law without vote of the electors, at a lower net average
interest cost rate by the issuance of bonds, maturing not later
than the obligations refunded, secured by the same revenues
only, or secured by the same revenues and also by the full
faith and credit of the state.
(c) MOTOR VEHICLE FUEL TAXES.
(1) A state tax, designated "second gas tax," of two cents
per gallon upon gasoline and other like products of petroleum
and an equivalent tax upon other sources of energy used to
propel motor vehicles as levied by Article IX, Section 16, of the
Constitution of 1885, as amended, is hereby continued for a
period of forty consecutive years. The proceeds of said tax
shall be placed monthly in the state roads distribution fund in
the state treasury.
(2) Article IX, Section 16, of the Constitution of 1885, as
amended, is adopted by this reference as a part of this consti-
tution as completely as though incorporated herein verbatim
for the purpose of providing that after the effective date of
this constitution the proceeds of the "second gas tax" as re-
ferred to therein shall be allocated among the several counties
in accordance with the formula stated therein to the extent
necessary to comply with all obligations to or for the benefit
of holders of bonds, revenue certificates and tax anticipation
certificates or any refundings thereof secured by any portion
of the "second gas tax."
(3) No funds anticipated to be allocated under the formula
stated in Article IX, Section 16, of the Constitution of 1885, as
amended, shall be pledged as security for any obligation here-
after issued or entered into, except that any outstanding obli-
gations previously issued pledging revenues allocated under
said Article IX, Section 16, may be refunded at a lower net
average interest cost rate by the issuance of refunding bonds,
maturing not later than the obligations refunded, secured by
the same revenues and any other security authorized in para-
graph (5) of this subsection.
(4) Subject to the requirements of paragraph (2) of this
subsection and after payment of administrative expenses, the
"second gas tax" shall be allocated to the account of each of
the several counties in amounts to be determined as follows:
There shall be an initial allocation of one-fourth in the ratio
of county area to state area, one-fourth in the ratio of the total
county population to the total population of the state in ac-
cordance with the latest available federal census, and one-half
in the ratio of the total "second gas tax" collected on retail
sales or use in each county to the total collected in all counties

of the state during the previous fiscal year. If the annual debt
service requirements of any obligations issued for any county,

July 1, 1968

ITEMS.-The legislature shall have power, by joint resolution,
to delete from this constitution any section of this Article XII,
including this section, when all events to which the section to
be deleted is or could become applicable have occurred. A legis-
lative determination of fact made as a basis for application of
this section shall be subject to judicial review.
Section 13. SENATORS.- The requirements of staggered
terms of senators in Section 15 (a) of Article III of this consti-

iE OF REPRESENTATIVES 65

including any deficiencies for prior years, secured under para-
graph (2) of this subsection, exceeds the amount which would
be allocated to that county under the formula set out in this
paragraph, the amounts allocated to other counties shall be re-
duced proportionately.
(5) Funds allocated under paragraphs (2) and (4) of this
subsection shall be administered by the state board of adminis-
tration created under said Article IX, Section 16, of the Con-
stitution of 1885, as amended, and which is continued as a
body corporate for the life of this subsection 9(c). The board
shall remit the proceeds of the "second gas tax" in each county
account for use in said county as follows: eighty per cent to
the state agency supervising the state road system and twenty
per cent to the governing body of the county, unless otherwise
provided by general law. The proceeds of the "second
gas tax" subject to allocation to the several counties
under this paragraph (5) shall be used first, for the payment of
obligations pledging revenues allocated pursuant to Article
IX, Section 16, of the Constitution of 1885, as amended,
and any refundings thereof; second, for the payment of
debt service on bonds issued as provided by this para-
graph (5) to finance the acquisition and construction of roads
as defined by law; and third, for the acquisition and construc-
tion of roads. When authorized by law, state bonds pledging
the full faith and credit of the state may be issued without any
election: (i) to refund obligations secured by any portion of the
"second gas tax" allocated to a county under Article IX, Section
16, of the Constitution of 1885, as amended; (ii) to finance
the acquisition and construction of roads in a county when
approved by the governing body of the county and the state
agency supervising the state road system; and (iii) to refund
obligations secured by any portion of the "second gas tax"
allocated under paragraph 9(c) (4). No such bonds shall be
issued unless a state fiscal agency created by law has made a
determination that in no state fiscal year will the debt service
requirements of the bonds and all other bonds secured by the
pledged portion of the "second gas tax" allocated to the county
exceed seventy-five per cent of the pledged portion of the
"second gas tax" allocated to that county for the preceding state
fiscal year, of the pledged net tolls from existing facilities col-
lected in the preceding state fiscal year, and of the annual
average net tolls anticipated during the first five years of opera-
tion of new projects to be financed. Bonds issued pursuant to
this subsection shall be payable primarily from the pledged tolls
and portions of the "second gas tax" allocated to that county.
(d) SCHOOL BONDS. Article XII, Section 18, of the Con-
stitution of 1885, as amended, as it existed immediately before
this constitution becomes effective is adopted by this reference
as part of this constitution as completely as though incorpo-
rated herein verbatim. The legislature may impose restrictions
on the bonds and tax anticipation certificates issued hereafter,
including the fixing of maximum interest rates and discounts.
Bonds issued pursuant to this subsection (d) shall be payable
primarily from revenues as provided in Article XII, Section 18,
of the Constitution of 1885, as amended, and, if authorized by
law, may be additionally secured by pledging the full faith and
credit of the state without an election. When authorized by
law, bonds issued pursuant to Article XII, Section 18, of the
Constitution of 1885, as amended, and bonds issued pursuant
to this subsection (d) may be refunded by the issuance of bonds
additionally secured by the full faith and credit of the state
only at a lower net average interest cost rate.
(e) DEBT LIMITATION. Bonds issued pursuant to this
Section 9 of Article XII which are payable primarily from
revenues pledged pursuant to this section shall not be included
in applying the limits upon the amount of state bonds contained
in Section 10, Article VII, of this constitution.
Section 11. PRESERVATION OF EXISTING GOVERN-
MENT.-All provisions of the Constitution of 1885, as amended,
not embraced herein which are not inconsistent with this
constitution shall become statutes subject to modification or
repeal as are other statutes.
Section 12. DELETION OF OBSOLETE SCHEDULE

JOURNAL OF THE HOUSE OF REPRESENTATIVES

July 1, 1968

tution shall apply only to senators elected in November, 1972,
and thereafter.
Section 14. LEGISLATIVE APPORTIONMENT.-The re-
quirements of legislative apportionment in Section 16 of Article
III of this constitution shall apply only to the apportionment of
the legislature following the decennial census of 1970, and
thereafter.
Section 15. CONFLICTING PRO VISIONS.-This schedule
is designed to effect the orderly transition of government from
the Constitution of 1885, as amended, to this constitution and
shall control in all cases of conflict with any part of Articles I
through IV, VII, and IX through XI.
Section 16. SPECIAL DISTRICT TAXES.- Ad valorem
taxing power vested by law in special districts existing when
this constitution becomes effective shall not be abrogated by
Section 8(b) of Article VII hereof, but such powers, except to
the extent necessary to pay outstanding debts, may be restricted
or withdrawn by law.
When the vote was taken on the passage of the joint resolu-
tion, the result was:
Yeas-91

Mr, Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Beck
Bevis
Bird
Brantley
Brower
Caldwell
Clark
Conway
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker
Nays-12
Campbell
Elmore
Inman

Eddy
Featherstone
Firestone
Fleece
Fortune, E. M.
Fortune, J.
Gautier
Gibson
Gillespie
Gissendanner
Gorman
Graham
Grange
Grizzle
Gustafson
Hartnett
Hector
Hodes
Holloway
Humphrey
James
King
Land

Lewis
Lindsey
Matthews
Mattox
McDonald
Middlemas
Miers
Mixson
Murphy
Myers
Nergard
Nichols
Osborne
Pettigrew
Pfeiffer
Poorbaugh
Powell
Prominski
Randell
Redman
Reed
Reedy
Robinson

Kennelly McNulty
Martinez, E. L. Papy
Martinez, J. M. Pratt

Rowell
Rude
Rust
Ryals
Sackett
Savage
Scarborough
Schultz
Sessums
Shadley
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tucker
Walker
Whitson
Wolfson
Yancey
Yarborough

Shaw
Tillman
Tyre

Representative Harris was recorded as voting Yea, and
Representative Shaw changed his vote from Nay to Yea.
SJR 2-2X passed, as amended, by the required Constitutional
three-fifths vote of all Members elected to the House and was
ordered immediately certified to the Senate, after engrossment.

Adjournment
On motion by Mr. Rowell, the House adjourned at 1:06 P.M.
to reconvene at 2:15 P.M. today.

AFTERNOON SESSION
The House was called to order by the Speaker at 2:15 P.M.
The following Members were recorded present:

Brantley
Brower
Caldwell
Campbell
Clark
Conway
Craig
Crider
Culbreath

D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker
Eddy
Elmore
Featherstone

Firestone
Fleece
Fortune, E. M.
Fortune, J.
Gallen
Gautier
Gibson
Gillespie
Gissendanner

Gorman
Graham
Grange
Grizzle
Gustafson
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
Inman
James
Kennelly
King
Land
Lewis
Lindsey
Excused:
session.

Martinez, J. M. Prominski
Matthews Randell
Mattox Redman
McDonald Reed
McNulty Reedy
Middlemas Register
Miers Robinson
Mixson Rowell
Murphy Rude
Myers Rust
Nergard Ryals
Nichols Sackett
Osborne Savage
Papy Scarborough
Pettigrew Schultz
Pfeiffer Sessums
Powell Shadley
Pratt Shaw

Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tillman
Tucker
Tyre
Walker
Whitson
Williams
Wolfson
Yancey
Yarborough

Representative Poorbaugh from the afternoon

A quorum was present.
On motion by Mr. Dubbin, the rules were waived and the
House reverted to the order of-

MESSAGES FROM THE SENATE

The Honorable Ralph D. Turlington
Speaker, House of Representatives

July 1, 1968

Sir:
I am directed to inform the House of Representatives that
the Senate has passed with amendment by the required Con-
stitutional three-fifths vote of all members elected to the
Senate-

By Representative Dubbin and others-
HJR 3-2X-A joint resolution proposing a revision of Article
VI of the Constitution of the State of Florida relating to
suffrage and eligibility.
Which amendment reads as follows:
In Article VI, Section 2, on page 1, on lines 10 and 15 after the
words "at least" strike "twenty one years of age" and insert
eighteen years of age
and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
On motion by Mr. Dubbin, the House refused to concur in the
Senate amendment to HJR 3-2X and requested the Senate to
recede therefrom, and in the event the Senate refuses to recede
that the President of the Senate appoint a conference committee
to confer with a like committee to be appointed by the
Speaker of the House to adjust the differences on the Senate
amendment to HJR 3-2X.
The action, together with HJR 3-2X and Senate amendment
thereto, was certified to the Senate.
MR. ROWELL IN THE CHAIR
CONSIDERATION OF THE SPECIAL ORDER
HJR 2-2X-A joint resolution proposing a revision of Article
V of the Constitution of the State of Florida relating to the
Judicial Department of the government.
-was taken up, having been read the second time on June
28 and now pending on an amendment offered by Mr. Harris.
Representative Myers offered the following substitute amend-
ment:
Strike all of Article V and insert the following:
ARTICLE V
JUDICIARY
Section 1. COURTS.-There shall be a supreme court, dis-
trict courts of appeal, a system of trial courts, and such other

66

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Beck
Bevis
Bird

JOURNAL OF THE HOU

courts as may be established by law. Administrative officers or
bodies may be granted quasi-judicial power in matters con-
nected with the functions of their offices, and their orders shall
be subject to review as provided by law.
Section 2. SUPREME COURT.-
(a) ORGANIZATION. The supreme court shall consist of
seven justices, one of whom shall be chosen the chief justice
by the members of the court. Five justices shall constitute a
quorum. The concurrence of four shall be necessary to a de-
cision.
(b) JURISDICTION. The supreme court:
(1) Shall hear appeals from final judgments of trial courts
imposing the death penalty and from orders of trial courts and
decisions of district courts of appeal initially and directly
passing on the validity of a state statute or a federal statute
or treaty, or construing a provision of the state or federal
constitution.
(2) May review by certiorari any decision of a district
court of appeal that affects a class of constitutional or state
officers, that passes upon a question certified by the district
court of appeal to be of great public interest, or that is in
direct conflict with a decision of another district court of
appeal or of the supreme court on the same question of law,
and may issue writs of prohibition to courts and commissions
in causes within the jurisdiction of the supreme court to re-
view, and all writs necessary to the complete exercise of its
jurisdiction.
(3) When provided by law, shall hear appeals from final
judgments and final orders of trial courts imposing life im-
prisonment or entered in proceedings for the validation of
bonds or certificates of indebtedness and issue writs of cer-
tiorari to commissions established by law and writs of man-
damus and quo warrant to state officers and state agencies.
Section 3. TRIAL COURTS.-The legislature shall provide
by general law for a uniform system of trial courts, in the
enactment of which counties may be reasonably classified on
the basis of population into not more than three classes.
Section 4. ELECTIONS-TERMS.-
(a) Justices and judges shall be chosen by the electors of
their respective districts in an election wherein the electors
may have a choice of candidates.
(b) The terms of all justices of the Supreme Court shall
be for six (6) years. The terms of all judges shall be pre-
scribed by law.
Section 5. DISCIPLINE-RETIREMENT-REMOVAL.-
(a) There shall be a judicial qualifications commission
composed of:
(1) Two judges of district courts of appeal, and four
judges representing the system of trial courts selected by such
judges or categories of judges as may be provided by law.
(2) Two electors who have resided in, and been mem-
bers of the bar of, the state for eight years, appointed by the
governing body of the bar of Florida;
(3) Three electors who have resided in the state for five
years and have never held judicial office or been members of
the bar, appointed by the governor.
(b) The members of the judicial qualifications commission
shall serve appropriately staggered terms fixed by law. No
member of the commission shall hold office in a political party
or, except as provided herein, public office. The commission
shall elect one of its members as its chairman.
(c) The supreme court shall adopt rules regulating pro-
ceedings by the commission and the temporary replacement of
disqualified or incapacitated members. After recommendation
of removal of any justice or judge, the proceedings of the
commission relating thereto shall be made public.

(d) Upon recommendation of the judicial qualifications
commission, concurred in by two-thirds of its members, the
supreme court may order that any justice or judge may be
disciplined by private reprimand; removed from office, with
termination of compensation, for wilful or persistent failure
to perform his duties or for other conduct unbecoming a mem-
ber of the judiciary; or involuntarily retired for any dis-

July 1, 1968

Section -. DISTRICT COURTS OF APPEAL.-
(a) APPELLATE DISTRICTS. The state by law shall be
divided into not less than four appellate districts of one county
or contiguous counties. There shall be a district court of appeal
in each district consisting of not less than three judges. Three

SE OF REPRESENTATIVES 67

ability which seriously interferes with the performance of his
duties and which is, or is likely to become, permanent.
(e) A justice or judge shall not serve after attaining the
age of seventy years; provided any judge or justice in office
on the effective date of this article may continue to serve for
the remainder of his term.
(f) The power of removal conferred by this section shall
be cumulative to the power of impeachment.
(g) A justice or judge removed from office shall be subject
to discipline as an attorney for professional misconduct prior
to or during his tenure in office.
Section 6. ATTORNEYS, ADMISSION AND DISCIPLINE.
-The supreme court shall have exclusive jurisdiction to regu-
late, in such manner and through such agencies as may be
prescribed by its rules, the admission of persons to the practice
of law and the discipline of persons admitted.
Section 7. SCHEDULE.-
(a) All provisions of Article V of the Constitution of 1885,
as amended, not embraced herein shall becomes statutes subject
to modification or repeal upon two-thirds vote of both houses
of the legislature.
(b) All provisions of law and rules of court in force and
effect on the effective date of this article shall continue in
effect until suspended by law.
Mr. Myers moved the adoption of the amendment.
Pending consideration thereof-
Representatives D'Alemberte and Harris offered the follow-
ing amendment to the substitute amendment:
Following the last section shown, add a new section as
follows:
Section -. ADMINISTRATION-PRACTICE AND PRO-
CEDURE.-The supreme court shall adopt rules governing the
administrative supervision of all courts established by this
article, and the assignment of justices and judges, including
consenting retired justices and judges, to temporary duty in
any courts; and the legislature may delegate to the supreme
court the power to adopt rules governing the practice and
procedure in all courts, including the time for seeking appellate
review; the times and places for holding court; and the trans-
fer of any matter to the proper court when the jurisdiction of
any court has been improvidently invoked.
Mr. Harris moved the adoption of the amendment to the
substitute amendment, which was adopted.
Representative Harris offered the following amendment to
the substitute amendment:
Following the last section shown, add a new section as
follows:
Section -. VACANCIES.-The governor shall fill each
vacancy in judicial office by appointing one of not fewer than
three persons nominated by a judicial nominating commission.
Judicial nominating commissions shall be established by law.
Their members shall be appointed by, and serve terms con-
current with that of, the governor. They shall not be officers
of any political party nor, after appointment to a full term,
be eligible to serve any part of the succeeding term. No person
who has been a member of a judicial nominating commission
during the preceding t i twelve months shall be nominated for
judicial office.
Mr. Harris moved the adoption of the amendment to the
substitute amendment, which was adopted.
Representative Harris offered the following amendment to
the substitute amendment:
After Section 2 of the amendment, add the following new
section and renumber remaining sections:

JOURNAL OF THE HOUSE OF REPRESENTATIVES

July 1, 1968

judges shall consider each case, and the concurrence of two
shall be necessary to a decision.
(b) JURISDICTION.
(1) District courts of appeal shall have jurisdiction to
hear appeals, which may be taken as a matter of right, from
final judgments or orders of trial courts, including those
entered on review of administrative action, not directly appeal-
able to the supreme court or a circuit court. They may review
interlocutory orders or decrees in such cases to the extent pro-
vided in rules adopted by the supreme court.
(2) They shall have the powers of direct review of ad-
ministrative action prescribed by law.
(3) A district court of appeal or any judge thereof may
issue writs of habeas corpus returnable before that district
court of appeal or any judge thereof or before any circuit
judge in that district. A district court of appeal may issue
writs of mandamus, certiorari, prohibition, quo warrant, and
other writs necessary to the complete exercise of its jurisdic-
tion. To the extent necessary to dispose of all issues in a
cause properly before it, a district court of appeal may ex-
ercise any of the appellate jurisdiction of the circuit courts.
Mr. Harris moved the adoption of the amendment to the
substitute amendment, which was adopted.
Representatives Brantley and Harris offered the following
amendment to the substitute amendment: In Section 7, on page
4, line 15, strike "becomes" and insert "become"
Mr. Harris moved the adoption of the amendment to the
substitute amendment, which was adopted.
Representative Spicola offered the following amendment to
the substitute amendment: In Section 3, on page 2, lines 14-15,
strike "into not more than three classes." and insert a period.
Mr. Spicola moved the adoption of the amendment to the
substitute amendment, which was adopted.
Representative Humphrey offered the following amendment
to the substitute amendment: In Section 4, on page 2, line 17,
strike "chosen" and insert "elected"
Mr. Humphrey moved the adoption of the amendment to the
substitute amendment, which was adopted.
Representative Reed offered the following amendment to the
substitute amendment: In Section 7, on page 4, line 16, strike
"'upon two-thirds vote of both houses of the legislature" and
insert the following: by the legislature
Mr. Reed moved the adoption of the amendment to the sub-
stitute amendment, which was adopted.
Representative Sweeny offered the following amendment to
the substitute amendment: In Section 7, on page 4, lines 17-19,
strike all of Section 7(b) and insert the following: (b) All pro-
visions of law relating to the judiciary in force and effect on
the effective date of this article shall continue in effect until
changed by law.
Mr. Sweeny moved the adoption of the amendment to the sub-
stitute amendment, which was adopted.
Representative Harris offered the following amendment to the
substitute amendment: In Section 3, on page 2, line 13, after
"counties" insert the following: or circuits
Mr. Harris moved the adoption of the amendment to the sub-
stitute amendment, which was adopted.
Representative Brantley offered the following amendment to
the substitute amendment: On page 4, line 21, add a new sec-
tion to read the same as Section 11 of existing Constitution.
Mr. Brantley moved the adoption of the amendment to the
substitute amendment, which failed of adoption. The vote was:
Yeas-39

Alvarez
Arnold
Beck
Bevis
Brantley
Campbell
Conway

Craig
Crider
Dubbin
Elmore
Featherstone
Fortune, E. M.
Gallen

Grange
Harris
Hector
Holloway
Inman
Kennelly
Lewis

Mattox
McDonald
Miers
Mixson
Murphy
Nichols
Papy

Pratt
Reedy
Sackett

Nays-52

Andrews
Baker
Bird
Caldwell
Clark
Culbreath
D'Alemberte
Danahy
Davis
De Young
Eddy
Firestone
Fleece

Schultz
Shaw
Singleton

Fortune, J.
Gautier
Gibson
Gillespie
Gissendanner
Gorman
Graham
Grizzle
Gustafson
Hartnett
Hodes
Humphrey
James

Smith
Tucker
Tyre

Land
Lindsey
Martinez, J. M.
Matthews
Middlemas
Myers
Osborne
Pettigrew
Pfeiffer
Powell
Prominski
Randell
Redman

Wolfson
Yarborough

Reed
Robinson
Rude
Rust
Ryals
Savage
Scarborough
Sessums
Spicola
Sweeny
Whitson
Williams
Yancey

The question recurred on the adoption of the substitute
amendment by Mr. Myers, as amended.

Pending consideration thereof-

Mr. Sweeny moved that the substitute amendment be re-
ferred to the Engrossing Room for the purpose of incorporating
adopted amendments thereto, with HJR 2-2X retaining its place
on second reading, which was agreed to.
SB 9-2X-A bill to be entitled An act relating to the Florida
School for the Deaf and the Blind; appropriating funds from
the general revenue fund; creating new positions; authorizing
the Board of Trustees to establish salary scales for educational
personnel; exempting same from State Personnel Board regu-
lation; providing an effective date.

-was taken up.
On motions by Mr. Craig, the rules were waived and SB
9-2X was read the second time by title, the third time in full
and passed, title as stated. The vote was:
Yeas-88

The Chair
Alvarez
Arnold
Baker
Beck
Bevis
Bird
Brantley
Brower
Caldwell
Campbell
Clark
Conway
Craig
Crider
Culbreath
D'Alemberte
Davis
De Young
Dubbin
Elmore
Featherstone

Nays-3
Ducker

Firestone
Fleece
Fortune, E. M.
Fortune, J.
Gallen
Gibson
Gillespie
Gissendanner
Gorman
Graham
Grange
Gustafson
Harris
Hector
Hodes
Holloway
Humphrey
Inman
James
Kennelly
Land
Lewis

Grizzle

Martinez, E. L. Rust
Matthews Ryals
Mattox Sackett
McDonald Savage
McNulty Scarborough
Middlemas Schultz
Miers Shadley
Mixson Shaw
Murphy Singleton
Myers Smith
Nergard Spicola
Nichols Stevens
Papy Sweeny
Pettigrew Tillman
Pfeiffer Tucker
Prominski Turlington
Randell Tyre
Redman Walker
Reed Whitson
Reedy Wolfson
Robinson Yancey
Rude Yarborough

Lindsey

Representatives Eddy and Williams were recorded as voting
Yea and Representative J. M. Martinez was recorded as voting
Nay.
The bill was ordered immediately certified to the Senate.
HB 67-2X-A bill to be entitled An act relating to the Judi-
cial Department-Circuit Courts and Other Related Matters;
providing an appropriation; providing an effective date.

-was taken up.

68

July 1, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

On motions by Mr. Land, the rules were waived and HB
67-2X was read the second time by title, the third time in full
and passed, title as stated. The vote was:
Yeas-94

Alvarez
Andrews
Arnold
Baker
Beck
Bevis
Bird
Brantley
Brower
Caldwell
Campbell
Clark
Conway
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker
Eddy
Elmore
Nays-3
King

Featherstone
Firestone
Fleece
Fortune, E. M.
Fortune, J.
Gallen
Gautier
Gibson
Gillespie
Gissendanner
Gorman
Graham
Grange
Grizzle
Gustafson
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
Inman
James
Kennelly

Land
Lewis
Lindsey
Martinez, E. L.
Matthews
Mattox
McDonald
Miers
Mixson
Murphy
Myers
Nergard
Nichols
Papy
Pettigrew
Pfeiffer
Pratt
Prominski
Randell
Redman
Reed
Reedy
Rude
Rust

Ryals
Sackett
Scarborough
Schultz
Sessums
Shadley
Shaw
Singleton
Smith
Spicola
Stevens
Sweeny
Tillman
Tucker
Turlington
Tyre
Walker
Whitson
Williams
Wolfson
Yancey
Yarborough

Martinez, J. M. McNulty

The bill was ordered immediately certified to the Senate.
On motion by Mr. Dubbin, the rules were waived and the
House reverted to the order of-

MESSAGES FROM THE SENATE
July 1, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed, with amendment, by three-fifths vote
of all members elected to the Senate-
By Representative Dubbin and others-
HJR 4-2X-A joint resolution proposing a revision of Article
VIII of the Constitution of the State of Florida relating to
counties and cities.
(Amendment attached to original joint resolution)
and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
On motion by Mr. Dubbin, the House refused to concur in the
Senate amendment to HJR 4-2X and requested the Senate to
recede therefrom, and in the event the Senate refuses to recede,
that the President of the Senate appoint a conference commit-
tee to confer with a like committee to be appointed by the
Speaker of the House to adjust the differences on the Senate
amendment to HJR 4-2X.
The action, together with HJR 4-2X and Senate amendment
thereto, was certified to the Senate.
Mr. Dubbin, Chairman of the House conferees on HJR 1-2X,
reported to the House on difficulties encountered in the legal
affect of language, relating to treason in Section 20 of Article
I, the Declaration of Rights. He moved that the House con-
ferees be instructed to do what they deemed appropriate in
resolving this problem, which was agreed to.

REPORTS OF STANDING COMMITTEES
The Committee on Appropriations recommends the following
pass:

69

HB 25-2X, with amendments
The bill was placed in the Committee on Rules & Calendar.
The Committee on Rules & Calendar recommends the follow-
ing pass:

HB 50-2X
HB 64-2X
HB 65-2X
HB 15-2X
HB 16-2X

HB 17-2X
HB 18-2X
HB 30-2X
HB 35-2X
HB 41-2X

The bills were placed on the calendar.

CONTINUATION OF THE SPECIAL ORDER
HB 50-2X-A bill to be entitled An act relating to the state
university system under the board of regents; amending sec-
tion 243.03, Florida Statutes relating to the issuance of revenue
certificates; raising the ceiling on interest rates; providing an
effective date.
-was taken up.
On motions by Mr. Graham, the rules were waived and HB
50-2X was read the second time by title, the third time in full
and passed, title as stated. The vote was:
Yeas-91

Alvarez
Andrews
Arnold
Baker
Beck
Bevis
Bird
Brantley
Caldwell
Clark
Conway
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker
Elmore
Featherstone
Firestone
Nays-6

Fleece
Fortune, E. M.
Fortune, J.
Gallen
Gautier
Gibson
Gillespie
Gissendanner
Gorman
Graham
Grange
Grizzle
Gustafson
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
Inman
James
Kennelly
King

Campbell Shaw
Pratt Tillman

Land
Lewis
Lindsey
Martinez, E. L.
Martinez, J. M.
Matthews
Mattox
McDonald
McNulty
Miers
Mixson
Murphy
Myers
Nergard
Nichols
Osborne
Papy
Pettigrew
Pfeiffer
Powell
Prominski
Randell
Redman

Reed
Reedy
Rude
Rust
Ryals
Sackett
Scarborough
Schultz
Sessums
Shadley
Singleton
Smith
Spicola
Stevens
Sweeny
Tucker
Turlington
Walker
Whitson
Wolfson
Yancey
Yarborough

Tyre
Williams

Representative Eddy was recorded as voting Yea.
The bill was ordered immediately certified to the Senate.

Recess
On motion by Mr. Dubbin, the House stood in informal recess
at 3:42 P.M. to reconvene upon the call of the Speaker.

Reconvened
The House was called to order by the Speaker at 4:26 P.M.
A quorum was present.

CONTINUATION OF THE SPECIAL ORDER
HB 64-2X-A bill to be entitled An act relating to Inter-
American Center Authority; amending section 554.08(1), Flor-
ida Statutes, to increase the maximum interest rate from six

70

percent (6%) to seven percent (7%) per annum for revenue
bonds issued by said authority; providing an effective date.
-was taken up.
On motion by Mr. Hartnett, the rules were waived and HB
64-2X was read the second time by title.
Representative Hartnett offered the following amendment:
In Section 1, on page 2, line 29, following the period, strike
"The" and add: After having been offered for public bidding, the
Mr. Hartnett moved the adoption of the amendment.
Without objection, further consideration of HB 64-2X was
temporarily deferred.
HB 65-2X-A bill to be entitled An act relating to the Florida
state turnpike authority, powers; amending section 340.15 (1)
to remove the interest limitation on turnpike revenue bonds of
the authority; providing an effective date.
-was taken up.
On motion by Mr. Land, the rules were waived and HB 65-2X
was read the second time by title.
Representatives Ducker and Bassett offered the following
amendment:
Following the enacting clause strike the remainder of the
bill and insert the following:
Section 1. Subsection (1) of section 340.15, Florida Statutes,
is amended to read:

340.15 Turnpike revenue bonds.-
(1) (a) The authority is hereby authorized to provide for
the issuance at one (1) time or from time to time, of turnpike
revenue bonds of the authority for the purpose of paying all or
any part of the cost of any one (1) or more turnpike projects.
The principal of and the interest on such bonds shall be pay-
able solely from the funds herein provided for such payment.
The bonds of each issue shall be dated, shall bear interest at
such rate or rates not exceeding [five] six percent (6%) per
annum, shall mature at such time or times not exceeding forty
(40) years from their date or dates, as may be determined by
the authority, and may be made redeemable before maturity,
at the option of the authority, as such price or prices and under
such terms and conditions as may be fixed by the authority
prior to the issuance of the bonds. The authority shall deter-
mine the form of the bonds, including any interest coupons
to be attached thereto, and shall fix the denomination or de-
nominations of the bonds and place or places of payment of
principal and interest, which may be at any bank or trust
company within or without the state. The bonds shall be signed
by the chairman of the authority or shall bear his facsimile
signature, and the official seal of the authority or a facsimile
thereof shall be impressed or imprinted thereon and attested by
the secretary-treasurer of the authority, and any coupons at-
tached thereto shall bear the facsimile signature of the chair-
man of the authority. In case any officer or employee whose
signature or a facsimile of whose signature shall appear on any
bonds or coupons shall cease to be such officer or employee be-
fore the delivery of such bonds, such signature or such facsimile
shall nevertheless be valid and sufficient for all purposes the
same as if he had remained in office or been employed until
such delivery. All bonds issued under the provisions of this
chapter shall have and are hereby declared to have all of
the qualities and incidents of negotiable instruments under the
negotiable instruments law of the state. The bonds may be
issued in coupon or in registered form, or both, as the authority
may determine, and provision may be made for the registration
of any coupon bonds as to principal alone and also as to both
principal and interest, for the reconversion into coupon bonds
of any bonds registered as to both principal and interest, and
for the interchange of registered and coupon bonds. [The au-
thority may sell such bonds in such manner and for such
price as it may determine will best effect the purposes of this
act, provided, however, if]

(b) The bonds of each issue shall be sold at public sale;
provided, however, that if all bids received at the public sale
are rejected, the authority may then negotiate for the sale of
the bonds at an interest rate which shall not exceed the low-
est interest rate stated in the bids rejected at public sale.

July 1, 1968

(c) In the event said bonds are sold for less than par, the
total amount of the discount shall be added to the total amount
of interest to the total amount of interest to be paid over the
life of the certificates at the rate of interest at which said
certificates are to be sold and the total thereof shall be con-
sidered as interest, and the interest actually to be paid by virtue
of any discount shall then be computed [and said bonds shall
not be sold if the interest to be paid plus the discount exceeds
five per cent.] as the average net interest cost rate under this
section.
Section 2. This act shall be effective immediately upon be-
coming law.
Mr. Ducker moved the adoption of the amendment.
Without objection, further consideration of HB 65-2X was
temporarily deferred.
On motion by Mr. Dubbin, the rules were waived and the
House reverted to the order of-
MESSAGES FROM THE SENATE

The Honorable Ralph D. Turlington
Speaker, House of Representatives

July 1, 1968

Sir:
I am directed to inform the House of Representatives that
the Senate refused to concur in the House Amendment to-

By Senators Mathews and Spencer-
SJR 5-2X-A joint resolution proposing a revision of Ar-
ticle VIII of the Constitution of the State of Florida relating
to counties and cities.
(Amendment attached to original bill)
--and requests the House to recede therefrom.
-and in the event the House refuses to recede, the Senate
requests the Speaker of the House to appoint a Conference
Committee to confer with a like Committee to be appointed by
the President of the Senate to adjust the differences on House
amendment to SJR 5-2X.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
On motion by Mr. Dubbin, the House refused to recede from
House amendment to SJR 5-2X and granted the request of the
Senate for a Conference Committee.
The Speaker thereupon appointed Representatives Yarbor-
ough, Danahy, Middlemas, Whitson, Humphrey, Andrews and
Walker as the Conference Committee on the part of the House.
The action, together with SJR 5-2X and amendment thereto,
was certified to the Senate.

The Honorable Ralph D. Turlington
Speaker, House of Representatives

July 1, 1968

Sir:
I am directed to inform the House of Representatives that
the Senate has refused to recede from amendment to HJR 3-2X
and the President of the Senate has appointed Senators Boyd,
Broxson, Cross, O'Grady, Slade and Stone as a Conference
Committee on the part of the Senate to confer with a like
Committee on the part of the House of Representatives to
adjust the differences existing between the Senate and the
House of Representatives on Senate amendment to HJR 3-2X.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
The Speaker thereupon appointed Representatives Ducker,
Wolfson, Lewis, Ryals, James, Robinson and Brantley as the
Conference Committee on the part of the House on Senate
amendment to HJR 3-2X. The action was certified to the Senate.

The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

July 1, 1968

I am directed to inform the House of Representatives that
the Senate has appointed Senators Askew, Chiles, de la Parte,

JOURNAL OF THE HOUSE OF REPRESENTATIVES

July 1, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Wilson, Shevin, Lane and Weissenborn as the Conference Corn- corporate and the substitute amendment No. 3 to HJR 2-2X
mittee to confer with a like committee on the part of the House is herewith returned.
to adjust the differences on House amendment to SJR 5-2X. July 1, 1968
RespectfullyJuly 1, 1968
Edwin G. Fraser Your Engrossing Clerk to whom was referred-
Secretary of the Senate SJR 95-2X SJR 92-29

ENGROSSING REPORTS

July 1, 1968

-with amendments, reports the amendments have been
examined and the joint resolutions are herewith returned.
-and the joint resolutions with amendments, were ordered
immediately certified to the Senate.

Your Engrossing Clerk to whom was referred-
Substitute amendment No. 3 to HJR 2-2X Adjournment
On motion by Mr. Rowell, the House adjourned at 4:50 P.M.
-with amendments, reports the amendments have been in- to reconvene at 10:00 A.M. tomorrow.

71

THE JOURNAL OF THE FLORIDA

House of Representatives

PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]
SPECIAL SESSION

TUESDAY, JULY 2, 1968

The House was called to order by the Speaker at 10:00 A.M.
The following Members were recorded present:

Featherstone
Firestone
Fleece
Fortune, E. M.
Fortune, J.
Gallen
Gautier
Gibson
Gillespie
Gissendanner
Gorman
Graham
Grange
Grizzle
Gustafson
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
Inman
James
Kennelly
King
Land
Lewis
Lindsey

Excused: Representatives
Reeves.

Martinez, E.
Martinez, J.
Matthews
Mattox
McDonald
McNulty
Middlemas
Miers
Mixson
Murphy
Myers
Nergard
Nichols
Osborne
Papy
Pettigrew
Pfeiffer
Poorbaugh
Powell
Pratt
Prominski
Randell
Redman
Reed
Reedy
Register
Robinson
Rowell

L. Rude
M. Rust
Ryals
Sackett
Savage
Scarborough
Schultz
Sessums
Shadley
Shaw
Singleton
Smith
Spicola
Stafford
Stallings
Stevens
Sweeny
Tillman
Tucker
Tyre
Walker
Wells
Whitson
Williams
Wolfson
Yancey
Yarborough

Briggs, Crabtree, McKinley, and

A quorum was present.

Prayer
Prayer by the Honorable W. H. Reedy:
In Kiwanis we say we build; in Rotary they say service
above self to others; in Lions they say eyesight for others
that they may see; Optimists say to be just as enthusiastic
about the success of others as you are about your own. The
Bible says, "Be still and know that He is God". Let us
pray: Help us God here today to be still and know that
Thou are God. Amen.

The Journal
The Journal of July 1 was ordered corrected and approved
as follows: On page 55, column 1, line 18 from top, strike
"HJR 5-2X" and insert "SJR 5-2X". On page 65, column 2, line
18 from bottom, strike "[10]" and insert "9". On page 66, after
the roll call vote on the passage of SJR 2-2X, strike "Repre-
sentative Shaw changed his vote from Yea to Nay." and insert
"Representative Shaw changed his vote from Nay to Yea."

Change of vote
Representative Kennelly changed his vote from Yea to Nay
on the passage of HB 50-2X and SB 9-2X, which passed the
House yesterday.

72

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Beck
Bevis
Bird
Blalock
Brantley
Brower
Caldwell
Campbell
Chappell
Clark
Conway
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker
Eddy
Elmore

INTRODUCTION AND REFERENCE
By Representatives Andrews and Turlington-
HB 68-2X-A bill to be entitled An act relating to county
school superintendents, annual compensation, in any county of
the state having a population of not less than seventy thousand
(70,000) and not more than seventy-four thousand two hundred
(74,200), according to the latest official decennial census; pro-
hibiting county board of public instruction from paying county
school superintendent an annual salary in excess of eighteen
thousand five hundred dollars ($18,500.00) or less than fifteen
thousand six hundred dollars ($15,600.00); providing an effec-
tive date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Davis, McNulty, Pfeiffer, and Powell-
HB 69-2X-A bill to be entitled An act relating to Osceola
County; creating and incorporating a special tax district to be
known as the Osceola County Hospital District; fixing bounda-
ries of said district; providing for governing and administration
of the district; providing for appointment of board of trustees
by the board of county commissioners; providing and defining
powers and purposes of district and board of trustees; author-
izing board of trustees to establish, construct, operate, lease and
maintain any hospital established and constructed by the board;
authorizing and providing for issuance and sale of district
bonds; authorizing board to borrow money on note of district;
authorizing and providing for levy and collection of taxes for
operation and maintenance of said hospital and for payment of
said bonds and notes and interest thereon; authorizing and pro-
viding for levy and collection of taxes for repair and mainte-
nance of hospital; providing for condemnation of property; au-
thorizing and providing generally the powers, functions and
duties of board; authorizing establishment of hospital staff and
nursing school and employment of personnel in furtherance of
district; providing for a referendum.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Rust, De Young, Gissendanner, Humphrey,
James, Lewis, Poorbaugh, and Reed-
HB 70-2X-A bill to be entitled An act relating to the pres-
ervation and protection of the public health; providing for the
compulsory certification of water and sewage operator by the
state board of health; setting standards for such certification;
providing for the refusal, revocation or suspension of such cer-
tificates; setting application fee; providing an exception; pro-
viding penalties; and providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives De Young and Humphrey-
HB 71-2X-A bill to be entitled An act relating to the eradica-
tion of a certain species of the genus clarias, commonly known
as "the walking catfish" in each county of the state having a
population of not less than two hundred thousand (200,000)
and not more than two hundred sixty thousand (260,000) ac-
cording to the latest official decennial census; providing for
procedure to obtain bounty; providing for bounty; providing
for optional participation by county; providing an effective date.

-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Bird-
HB 72-2X-A bill to be entitled An act relating to billiards;
amending section 849.06(1), Florida Statutes, to delete require-
ments relating to written parental permission and to limit the
prohibition to billiard parlors serving alcoholic beverages; pro-
viding an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.
By Representatives Brantley, Alvarez, Arnold, Caldwell,
Campbell, Crider, Elmore, E. M. Fortune, Gustafson, Holloway,
Miers, Papy, Reed, Scarborough, and Williams-
HB 73-2X-A bill to be entitled An act amending Section 16,
Chapter 68-27, Laws of Florida; clarifying said section with
respect to sub-contracts, addendums, or renegotiations of mas-
ter contracts for the improvement of realty; providing an effec-
tive date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Pfeiffer, Davis, and McNulty-
HB 74-2X-A bill to be entitled An act authorizing the City
of Cocoa Beach, by ordinance, which must be approved by ref-
erendum, to impose, levy and collect a municipal resort tax not
to exceed two (2) per cent on certain rentals within the City;
providing for the collection of such tax; providing exemptions
and limitations; authorizing penalties; specifying and limiting
the uses to which such tax revenues may be put; providing that
upon the enactment of the resort tax ordinance the City shall
create a resort tax advisory board; providing for the amend-
ment of all general and special legislation insofar as the same
conflict with this act; and providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Rust, De Young, Alvarez, Andrews, Bas-
sett, Beck, Bevis, Bird, Brantley, Brower, Caldwell, Campbell,
Craig, Crider, Culbreath, Ducker, Eddy, Elmore, Firestone,
E. M. Fortune, J. Fortune, Gautier, Gibson, Gillespie, Gissen-
danner, Gorman, Grange, Grizzle, Gustafson, Harris, Hartnett,
Hector, Hodes, Humphrey, Inman, James, King, Lindsey, J. M.
Martinez, Mattox, McNulty, Middlemas, Miers, Mixson, Murphy,
Nergard, Osborne, Papy, Pettigrew, Pfeiffer, Poorbaugh, Powell,
Pratt, Prominski, Randell, Reed, Robinson, Rude, Sackett,
Savage, Shadley, Shaw, Singleton, Smith, Stevens, Tillman,
Tucker, Walker, Whitson, Williams, and Yancey-
HB 75-2X-A bill to be entitled An act relating to the Florida
state turnpike authority, powers; amending chapter 340, Flor-
ida Statutes, by adding section 340.034; authorizing feasibility
studies and construction in certain counties; providing an effec-
tive date.
-was placed temporarily in the Committee on Rules & Calen-
dar.

By Representative Baker-
HB 76-2X-A bill to be entitled An act providing for the
transfer of certain appropriations to the board of commis-
sioners of state institutions; providing an effective date.
-was placed temporarily in the Committee on Rules & Calen-
dar.

MESSAGES FROM THE SENATE

The Honorable Ralph D. Turlington
Speaker, House of Representatives

July 1, 1968

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

73

By Senator de la Parte-
SB 23-2X-A bill to be entitled An act relating to the Divi-
sion of Youth Services; authorizing it to establish such pro-
grams and facilities as will enhance the opportunities for the
successful rehabilitation of all youth committed to its charge
by all proper courts, commissions, and agencies in and out of
Florida as now exist or may in the future exist; providing an
effective date.
and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 23-2X, contained in the above message, was placed tem-
porarily in the Committee on Rules & Calendar.

The Honorable Ralph D. Turlington
Speaker, House of Representatives

July 1, 1968

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

By Senators Thomas and Bafalis-
SB 25-2X-A bill to be entitled An act relating to County
Comprehensive Community Mental Health Center in any county
of the state having a population of not less than two hundred
thousand (200,000) nor more than two hundred sixty thousand
(260,000), according to the latest official decennial census;
authorizing the board of county commissioners in any such
county to contribute tax funds for such center; providing an
effective date.
and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 25-2X, contained in the above message, was placed tem-
porarily in the Committee on Rules & Calendar.
July 2, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed-

HB 50-2X

HB 67-2X
Respectfully,
Edwin G. Fraser
Secretary of the Senate

The bills contained in the above message were ordered en-
rolled.

Report of the Committee on Rules & Calendar

The Honorable Ralph D. Turlington
Speaker, House of Representatives

July 1, 1968

Sir:
Your Committee on Rules & Calendar herewith submits, as
the Special Order Calendar under Rule 8.16 for Tuesday, July 2,
1968, the consideration of the following bills together with their
companion measures:
HJR 2-2X HB 17-2X
HJR 5-2X HB 18-2X
HB 64-2X HB 30-2X (Local Bill)
HB 65-2X HB 35-2X (Local Bill)
HB 15-2X HB 41-2X (Local Bill)
HB 16-2X
Your Committee recommends that the following bill be read
and placed on the Special Order Calendar:
HB 51-2X

July 2, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE

A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar
On motion by Mr. Rowell, the above report was adopted.

MR. ROWELL IN THE CHAIR

CONSIDERATION OF THE SPECIAL ORDER
HJR 2-2X-A joint resolution proposing a revision of Article
V of the Constitution of the State of Florida relating to the
Judicial Department of the government.
-was taken up, having been read the second time on June 28
and pending on an amendment offered by Mr. Harris, and on a
substitute amendment offered by Mr. Myers.
The question recurred on the adoption of the substitute
amendment, as amended, which reads as follows:
Strike all of Article V and insert the following:
ARTICLE V
JUDICIARY
Section 1. CO URTS.-There shall be a supreme court, dis-
trict courts of appeal, a system of trial courts, and such other
courts as may be established by law. Administrative officers or
bodies may be granted quasi-judicial power in matters con-
nected with the functions of their offices, and their orders shall
be subject to review as provided by law.
Section 2. SUPREME COURT.-
(a) ORGANIZATION. The supreme court shall consist of
seven justices, one of whom shall be chosen the chief justice by
the members of the court. Five justices shall constitute a
quorum. The concurrence of four shall be necessary to a de-
cision.
(b) JURISDICTION. The supreme court:
(1) Shall hear appeals from final judgments of trial courts
imposing the death penalty and from orders of trial courts and
decisions of district courts of appeal initially and directly pass-
ing on the validity of a state statute or a federal statute or
treaty, or construing a provision of the state or federal con-
stitution.
(2) May review by certiorari any decision of a district court
of appeal that affects a class of constitutional or state officers,
that passes upon a question certified by the district court of
appeal to be of great public interest, or that is in direct con-
flict with a decision of another district court of appeal or of the
supreme court on the same question of law, and may issue
writs of prohibition to courts and commissions in causes within
the jurisdiction of the supreme court to review, and all writs
necessary to the complete exercise of its jurisdiction.
(3) When provided by law, shall hear appeals from final
judgments and final orders of trial courts imposing life im-
prisonment or entered in proceedings for the validation of bonds
or certificates of indebtedness and issue writs of certiorari to
commissions established by law and writs of mandamus and
quo warrant to state officers and state agencies.
Section 3. DISTRICT COURTS OF APPEAL.-
(a) APPELLATE DISTRICTS. The state by law shall be
divided into not less than four appellate districts of one county
or contiguous counties. There shall be a district court of appeal
in each district consisting of not less than three judges. Three
judges shall consider each case, and the concurrence of two
shall be necessary to a decision.
(b) JURISDICTION.

(1) District courts of appeal shall have jurisdiction to hear
appeals, which may be taken as a matter of right, from final
judgments or orders of trial courts, including those entered on

;E OF REPRESENTATIVES July 2, 1968

review of administrative action, not directly appealable to the
supreme court or a circuit court. They may review interlocutory
orders or decrees in such cases to the extent provided in rules
adopted by the supreme court.
(2) They shall have the powers of direct review of adminis-
trative action prescribed by law.
(3) A district court of appeal or any judge thereof may
issue writs of habeas corpus returnable before that district
court of appeal or any judge thereof or before any circuit judge
in that district. A district court of appeal may issue writs of
mandamus, certiorari, prohibition, quo warrant, and other
writs necessary to the complete exercise of its jurisdiction. To
the extent necessary to dispose of all issues in a cause properly
before it, a district court of appeal may exercise any of the
appellate jurisdiction of the circuit courts.
Section 4. TRIAL COURTS.-The legislature shall provide
by general law for a uniform system of trial courts, in the
enactment of which counties or circuits may be reasonably
classified on the basis of population.
Section 5. ELECTIONS-TERMS.-
(a) Justices and judges shall be elected by the electors of
their respective districts in an election wherein the electors
may have a choice of candidates.
(b) The terms of all justices of the Supreme Court shall
be for six (6) years. The terms of all judges shall be pre-
scribed by law.
Section 6. DISCIPLINE-RETIREMENT-REMOVAL.-
(a) There shall be a judicial qualifications commission com-
posed of:
(1) Two judges of district courts of appeal, and four
judges representing the system of trial courts selected by such
judges or categories of judges as may be provided by law.
(2) Two electors who have resided in, and been members
of the bar of, the state for eight years, appointed by the
governing body of the bar of Florida;
(3) Three electors who have resided in the state for five
years and have never held judicial office or been members of
the bar, appointed by the governor.
(b) The members of the judicial qualifications commission
shall serve appropriately staggered terms fixed by law. No
member of the commission shall hold office in a political party
or, except as provided herein, public office. The commission
shall elect one of its members as it chairman.
(c) The supreme court shall adopt rules regulating pro-
ceedings by the commission and the temporary replacement of
disqualified or incapacitated members. After recommendation
of removal of any justice or judge, the proceedings of the com-
mission relating thereto shall be made public.
(d) Upon recommendation of the judicial qualifications com-
mission, concurred in by two-thirds of its members, the supreme
court may order that any justice or judge may be disciplined
by private reprimand; removed from office, with termination
of compensation, for wilful or persistent failure to perform
his duties or for other conduct unbecoming a member of the
judiciary; or involuntarily retired for any disability which
seriously interferes with the performance of his duties and
which is, or is likely to become, permanent.
(e) A justice or judge shall not serve after attaining the
age of seventy years; provided any judge or justice in office
on the effective date of this article may continue to serve for
the remainder of his term.
(f) The power of removal conferred by this section shall
be cumulative to the power of impeachment.
(g) A justice or judge removed from office shall be subject
to discipline as an attorney for professional misconduct prior
to or during his tenure in office.

Section 7. ATTORNEYS, ADMISSION AND DISCIPLINE.
-The supreme court shall have exclusive jurisdiction to regu-
late, in such manner and through such agencies as may be
prescribed by its rules, the admission of persons to the practice
of law and the discipline of persons admitted.

July 2, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Section 8. SCHEDULE.-
(a) All provisions of Article V of the Constitution of 1885,
as amended, not embraced herein shall become statutes subject
to modification or repeal by the legislature.
(b) All provisions of law relating to the Judiciary in force
and effect on the effective date of this article shall continue in
effect until changed by law.
Section 9. VACANCIES.-The governor shall fill each va-
cancy in judicial office by appointing one of not fewer than
three persons nominated by a judicial nominating commission.
Judicial nominating commissions shall be established by law.
Their members shall be appointed by, and serve terms con-
current with that of, the governor. They shall not be officers
of any political party nor, after appointment to a full term, be
eligible to serve any part of the succeeding term. No person
who has been a member of a judicial nominating commission
during the preceding twelve months shall be nominated for
judicial office.
Section 10. ADMINISTRATION-PRACTICE AND PRO-
CEDURE.-The supreme court shall adopt rules governing the
administrative supervision of all courts established by this
article, and the assignment of justices and judges, including
consenting retired justices and judges, to temporary duty in
any courts; and the legislature may delegate to the supreme
court the power to adopt rules governing the practice and
procedure in all courts, including the time for seeking appellate
review; the times and places for holding court; and the trans-
fer of any matter to the proper court when the jurisdiction of
any court has been improvidently invoked.
Pending consideration thereof-
Representative Pettigrew offered the following amendment
to the substitute amendment:
In Section 4, strike all after "uniform system of trial" and
insert the following: courts, including circuit courts having all
original jurisdiction not vested by law in other trial courts. In
the enactment of the uniform system, counties or circuits may
be reasonably classified on the basis of population.
Mr. Myers moved the adoption of the amendment to the sub-
stitute amendment, which was adopted. The vote was:
Yeas-55

Andrews
Arnold
Bassett
Bevis
Bird
Blalock
Brantley
Caldwell
Clark
Conway
Crider
D'Alemberte
Danahy
Davis
Nays-31
Beck
Campbell
Craig
Culbreath
De Young
Elmore
Fortune, E. M.
Fortune, J.

Dubbin
Ducker
Eddy
Featherstone
Firestone
Fleece
Gautier
Gibson
Gillespie
Gissendanner
Gorman
Graham
Gustafson
Harris

Grange
Humphrey
Inman
James
Kennelly
King
Martinez, E. L.
McDonald

Hector
Hodes
Holloway
Lindsey
Martinez, J.
Matthews
Mattox
Middlemas
Murphy
Myers
Nergard
Papy
Pfeiffer
Powell

McNulty
Nichols
Osborne
Poorbaugh
Randell
Reed
Rust
Scarborough

Prominski
Reedy
Robinson
Rude
M. Sackett
Sessums
Singleton
Stafford
Stevens
Sweeny
Wolfson
Yancey
Yarborough

Smith
Spicola
Stallings
Tillman
Tucker
Wells
Williams

The question recurred on the adoption of the substitute
amendment as further amended, which failed of adoption. The
vote was:
Yeas-47

Danahy
Davis
Dubbin
Eddy
Featherstone
Firestone
Fleece

Gautier
Gillespie
Gissendanner
Graham
Grizzle
Gustafson
Harris

Hartnett
Hector
Hodes
Holloway
James
Land
Lewis

Martinez, J. M.
Matthews
Middlemas
Murphy
Myers

Nays-51
Arnold
Bassett
Beck
Bevis
Blalock
Brantley
Campbell
Craig
Crider
Culbreath
De Young
Ducker
Elmore

Osborne
Pfeiffer
Powell
Prominski
Reed

Fortune, E. M.
Fortune, J.
Gallen
Gibson
Gorman
Grange
Humphrey
Inman
Kennelly
King
Martinez, E. L.
Mattox
McDonald

Register
Rude
Sackett
Sessums
Singleton

McNulty
Miers
Mixson
Nichols
Papy
Pratt
Randell
Redman
Reedy
Rust
Ryals
Scarborough
Shadley

Sweeny
Wolfson
Yancey
Yarborough

Shaw
Smith
Spicola
Stafford
Stallings
Stevens
Tillman
Tucker
Tyre
Walker
Wells
Williams

Representative Alvarez was recorded as voting Nay.
The question recurred on the adoption of the amendment by
Mr. Harris, which reads as follows:
Strike all of Article V, and insert the following:

ARTICLE V

Section 1. Article V of the Constitution of 1885, as amended,
not inconsistent with the provisions herein, is adopted by this
reference as completely as though incorporated herein verbatim.

Section 2. ADMINISTRATION-PRACTICE AND PRO-
CEDURE.-The supreme court shall adopt rules governing:
(a) the administrative supervision of all courts established
by this article;
(b) the assignment of justices and judges, including con-
senting retired justices and judges, to temporary duty in any
courts;

(c) practice and procedure in all courts, including the time
for seeking appellate review;
(d) the times and places for holding court; and
(e) the transfer of any matter to the proper court when the
jurisdiction of any court has been improvidently invoked.
Section 3. VACANCIES.-The governor shall fill each va-
cancy in judicial office by appointing one of not fewer than
three persons nominated by a judicial nominating commission.
Judicial nominating commissions shall be established by law.
Their members shall be appointed by, and serve terms concur-
rent with that of, the governor. They shall not be officers of any
political party nor, after appointment to a full term, be eligible
to serve any part of the succeeding term. No person who has
been a member of a judicial nominating commission during
the preceding twelve months shall be nominated for judicial
office.

Section 4. ELECTIONS-TERMS.-
(a) Justices and judges shall be chosen by the electors
within the territorial jurisdiction of their respective courts in
the same manner as other state and county officers are elected,
or, when provided by general law, by majority vote in non-
partisan elections.
(b) The terms of all justices of the supreme court, judges
of district courts of appeal and circuit judges shall be for six
years. The terms of judges of county courts and magistrates
courts shall be prescribed by law. The terms of justices of the
supreme court and judges of the district courts of appeal shall
be appropriately staggered.
Mr. Shaw moved the previous question on the amendment and
all pending amendments, which was agreed to.

The question recurred on the adoption of the amendment,
which was adopted. The vote was:

75

Andrews
Bird
Brower
Caldwell
Clark
Conway
D'Alemberte

JOURNAL OF THE HOUSE OF REPRESENTATIVES

July 2, 1968

Yeas-54
Andrews
Baker
Bird
Brower
Caldwell
Clark
Conway
D'Alemberte
Danahy
Davis
Dubbin
Eddy
Featherstone
Firestone
Nays-50
Alvarez
Arnold
Bassett
Beck
Bevis
Blalock
Brantley
Campbell
Craig
Crider
Culbreath
De Young
Ducker

Fleece
Gillespie
Gissendanner
Grizzle
Gustafson
Harris
Hector
Hodes
Holloway
Land
Lewis
Martinez, E. L.
Matthews
Middlemas

Elmore
Fortune, E. M.
Fortune, J.
Gallen
Gibson
Gorman
Grange
Humphrey
Inman
James
Kennelly
King
Lindsey

Myers
Nergard
Osborne
Pettigrew
Pfeiffer
Powell
Randell
Reed
Register
Robinson
Rude
Ryals
Sackett
Savage

Martinez, J
Mattox
McDonald
McNulty
Miers
Mixson
Nichols
Papy
Poorbaugh
Pratt
Prominski
Redman
Reedy

Representative Graham was recorded as voting Yea.
Representative Dubbin offered the following amendment:
In Article V, at end of Section 4, add a new sub-section (c)
to read as follows:
(c) A justice or judge shall not serve after attaining the
age of seventy years, provided any judge or justice in office
on the effective date of this article may continue to serve for
the remainder of his term.
Mr. Dubbin moved the adoption of the amendment, which
was adopted.
Representative Wolfson offered the following amendment:
In Article V, Section 2, strike all of subsection (d) and re-
letter remaining subsection.
Mr. Wolfson moved the adoption of the amendment, which
was adopted.
Representative Humphrey offered the following amendment:
In Article V, Section 4, strike all of subsection (a) and insert
the following: (a) Justices and judges shall be elected by the
electors within the territorial jurisdiction of their respective
courts in the same manner as other state and county officers
are presently elected.
Mr. Humphrey moved the adoption of the amendment, which
was adopted.
Representative Humphrey offered the following amendment:
In Article V, Section 3, strike all after the word "Vacan-
cies.-" and insert the following: The governor shall fill each
vacancy in judicial office by appointment.
Mr. Humphrey moved the adoption of the amendment.
Pending consideration thereof-
Mr. Dubbin moved that further consideration of HJR 2-2X be
temporarily deferred, which was not agreed to. The vote was:
Yeas-49
Arnold D'Alemberte Gautier Hector
Baker Danahy Gillespie Hodes
Bird Dubbin Gissendanner Holloway
Brantley Elmore Graham Land
Campbell Featherstone Grizzle Lewis
Clark Firestone Gustafson Matthews
Conway Fleece Harris Middlemas
Crider Fortune, E. M. Hartnett Murphy

Myers
Nergard
Papy
Pettigrew
Pfeiffer
Nays-51
Bassett
Beck
Bevis
Caldwell
Craig
Culbreath
Davis
De Young
Ducker
Eddy
Fortune, J.
Gallen
Gibson

Prominski Singleton
Rude Stevens
Savage Tillman
Schultz Wells
Sessums Wolfson

Gorman Mixson
Grange Nichols
Humphrey Osborne
Inman Poorbaugh
James Powell
Kennelly Pratt
King Randell
Lindsey Redman
Martinez, E. L. Reed
Martinez, J. M. Robinson
Mattox Rust
McDonald Ryals
McNulty Sackett

Yancey
Yarborough

Scarborough
Shadley
Shaw
Smith
Spicola
Stafford
Stallings
Tucker
Tyre
Walker
Whitson
Williams

Scarborough
Sessums
Singleton
Spicola
Stafford
Stevens
Sweeny
Walker
Whitson
Wolfson
Yancey
Yarborough

M. Rust
Shadley
Shaw
Smith
Stallings
Tillman
Tucker
Turlington
Tyre
Wells
Williams

Representative Reedy was recorded as voting Nay.
The question recurred on the adoption of the amendment by
Mr. Humphrey, which was adopted.
On motion by Mr. Dubbin, further consideration of HJR 2-2X
was indefinitely postponed.
HJR 5-2X-A joint resolution withdrawing House Joint Reso-
lution No. 100-X(68), adopted at the session of the legislature
of the State of Florida which convened on January 29, 1968, and
entitled, "A joint resolution abolishing the office of Superin-
tendent of Public Instruction as an elected official and abolishing
the State Board of Education as a constitutional board by pro-
posing an amendment to Section 20 of Article IV of the State
Constitution by eliminating the Superintendent of Public In-
struction from the Governor's Cabinet; repealing Section 25 of
Article XII by providing for a board of education to be estab-
lished by law."
-was taken up.
On motions by Mr. Dubbin, the rules were waived and HJR
5-2X was read the second time by title and the third time in
full as follows:
HJR 5-2X-A joint resolution withdrawing House Joint Reso-
lution No. 100-X(68), adopted at the session of the legislature
of the State of Florida which convened on January 29, 1968,
and entitled, "A joint resolution abolishing the office of Super-
intendent of Public Instruction as an elected official and abolish-
ing the State Board of Education as a constitutional board by
proposing an amendment to Section 20 of Article IV of the
State Constitution by eliminating the Superintendent of Public
Instruction from the Governor's Cabinet; repealing Section 25
of Article XII by providing for a board of education to be
established by law."
WHEREAS the session of the legislature of Florida which
convened on January 29, 1968, did adopt a joint resolution
designated House Joint Resolution No. 100-X(68), and entitled,
"A joint resolution abolishing the office of Superintendent of
Public Instruction as an elected official and abolishing the State
Board of Education as a constitutional board by proposing an
amendment to Section 20 of Article IV of the State Constitution
by eliminating the Superintendent of Public Instruction from
the Governor's Cabinet; repealing Section 25 of Article IV; and
proposing an amendment to Section 3 of Article XII by pro-
viding for a board of education to be established by law," and
WHEREAS the legislature of Florida is now in session pur-
suant to the call of the Governor for the purpose of proposing
a revised constitution for the State of Florida, and
WHEREAS grave doubt exists as to the constitutional validity
of a submission to the electors for ratification or rejection at
the same election, of an amendment to and a revision of the
constitution, and
WHEREAS the great public need for a revision of the con-
stitution as a whole far exceeds the importance of the contents
of House Joint Resolution No. 100-X;
Now, therefore,
Be It Resolved by the Legislature of the State of Florida:

July 2, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

That House Joint Resolution No. 100-X(68), entitled "A joint
resolution abolishing the office of Superintendent of Public In-
struction as an elected official and abolishing the State Board
of Education as a constitutional board by proposing an amend-
ment to Section 20 of Article IV of the State Constitution by
eliminating the Superintendent of Public Instruction from the
Governor's Cabinet; repealing Section 25 of Article IV; and
proposing an amendment to Section 3 of Article XII by pro-
viding for a board of education to be established by law," be
and the same is hereby rescinded, revoked, annulled and with-
drawn; the amendment to the Constitution of Florida proposed
thereby shall not be submitted to the electors and the secretary
of state is directed to withhold said resolution from the ballot
in the next general election to be held in November 1968.
When the vote was taken on the passage of the joint resolu-
tion, the result was:
Yeas-84

The Chair
Andrews
Baker
Bassett
Beck
Bevis
Blalock
Brantley
Caldwell
Campbell
Clark
Conway
Craig
Culbreath
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker
Elmore
Nays-12
Bird
Gibson
Gorman

Featherstone
Firestone
Fleece
Fortune, E. M.
Fortune, J.
Gallen
Gillespie
Gissendanner
Graham
Grange
Grizzle
Gustafson
Harris
Hector
Hodes
Holloway
Humphrey
Inman
James
Land
Lewis

Kennelly
King
Lindsey

Martinez, E. L. Ryals
Matthews Sackett
Mattox Savage
McDonald Scarborough
Middlemas Schultz
Miers Sessums
Mixson Shadley
Murphy Singleton
Nergard Smith
Nichols Spicola
Osborne Stevens
Papy Sweeny
Pettigrew Tucker
Pfeiffer Tyre
Poorbaugh Walker
Powell Wells
Randell Whitson
Redman Williams
Reed Wolfson
Reedy Yancey
Rude Yarborough

Martinez, J. M. Robinson
McNulty Stafford
Prominski Tillman

Representatives Alvarez, Arnold, Chappell, and Rust were
recorded as voting Yea.
HJR 5-2X passed by the required Constitutional three-fifths
vote of all Members elected to the House and was immediately
certified to the Senate.
HB 64-2X-A bill to be entitled An act relating to Inter-
American Center Authority; amending section 554.08(1), Flor-
ida Statutes, to increase the maximum interest rate from six
percent (6%) to seven percent (7%) per annum for revenue
bonds issued by said authority; providing an effective date.
-was taken up, having been read the second time yesterday
and now pending on motion by Mr. Hartnett to adopt an amend-
ment.
Without objection, the amendment was withdrawn.
Representative Hartnett offered the following amendment:
In Section 1, on page 2, line 29, strike "The authority may
sell such bonds in such manner, either at public or private
sale," and insert the following: The authority shall offer such
bonds for public sale and in the event no acceptable bids are
received at such public sale, then the authority may sell such
bonds in such manner
Mr. Hartnett moved the adoption of the amendment which
was adopted.
On motion by Mr. Hartnett, the rules were waived and HB
64-2X was read the third time in full and passed, as amended.
The vote was:
Yeas-82

Bassett
Beck
Bird

Blalock
Brantley
Caldwell

Campbell
Clark
Conway

Craig
Culbreath
D'Alemberte
Davis
De Young
Dubbin
Ducker
Eddy
Featherstone
Firestone
Fleece
Fortune, E. M.
Fortune, J.
Gallen
Gautier
Gibson
Gillespie
Gissendanner
Nays-6
Elmore
Kennelly

Gorman
Graham
Grizzle
Gustafson
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
James
King
Land
Lewis
Lindsey
Martinez, E. L.
Martinez, J. M.
Matthews

Pratt
Shaw

77

Mattox
McNulty
Middlemas
Murphy
Myers
Nergard
Nichols
Osborne
Pettigrew
Pfeiffer
Powell
Prominski
Randell
Reed
Reedy
Rude
Rust
Ryals

Stallings
Tyre

Scarborough
Schultz
Shadley
Singleton
Smith
Stafford
Stevens
Sweeny
Tillman
Turlington
Walker
Wells
Whitson
Wolfson
Yancey
Yarborough

Representatives Conway, Harris, Singleton and Walker
changed their vote from Yea to Nay. Representatives Bevis
and Spicola were recorded as voting Yea.
The bill was ordered immediately certified to the Senate,
after engrossment.
HB 65-2X-A bill to be entitled An act relating to the Flor-
ida state turnpike authority, powers; amending section 340.-
15(1) to remove the interest limitation on turnpike revenue
bonds of the authority; providing an effective date.
-was taken up, having been read the second time yesterday
and now pending on motion by Mr. Ducker to adopt an amend-
ment, which amendment reads as follows:
Following the enacting clause strike the remainder of the bill
and insert the following:
Section 1. Subsection (1) of section 340.15, Florida Statutes,
is amended to read:
340.15 Turnpike revenue bonds.-

(1) (a) The authority is hereby authorized to provide for
the issuance at one (1) time or from time to time, of turnpike
revenue bonds of the authority for the purpose of paying all or
any part of the cost of any one (1) or more turnpike projects. The
principal of and the interest on such bonds shall be payable sole-
ly from the funds herein provided for such payment. The bonds
of each issue shall be dated, shall bear interest at such rate or
rates not exceeding [five] six percent (6%) per annum, shall
mature at such time or times not exceeding forty (40) years
from their date or dates, as may be determined by the authority,
and may be made redeemable before maturity, at the option of
the authority, as such price or prices and under such terms and
conditions as may be fixed by the authority prior to the issuance
of the bonds. The authority shall determine the form of the bonds,
including any interest coupons to be attached thereto, and shall
fix the denomination or denominations of the. bonds and place or
places of payment of principal and interest, which may be at
any bank or trust company within or without the state. The
bonds shall be signed by the chairman of the authority or shall
bear his facsimile signature, and the official seal of the authority
or a facsimile thereof shall be impressed or imprinted thereon
and attested by the secretary-treasurer of the authority, and
any coupons attached thereto shall bear the facsimile signature
of the chairman of the authority. In case any officer or employee
whose signature or a facsimile of whose signature shall appear
on any bonds or coupons shall cease to be such officer or employee
before the delivery of such bonds, such signature or such fac-
simile shall nevertheless be valid and sufficient for all purposes
the same as if he had remained in office or been employed until
such delivery. All bonds issued under the provisions of this
chapter shall have and are hereby declared to have all of the
qualities and incidents of negotiable instruments under the nego-
tiable instruments law of the state. The bonds may be issued
in coupon or in registered form, or both, as the authority may
determine, and provision may be made for the registration of
any coupon bonds as to principal alone and also as to both
principal and interest, for the reconversion into coupon bonds of
any bonds registered as to both principal and interest, and for
the interchange of registered and coupon bonds. [The authority

Andrews
Arnold
Baker

JOURNAL OF THE HOUSE OF REPRESENTATIVES

July 2, 1968

may sell such bonds in such manner and for such price as it may
determine will best effect the purposes of this act, provided,
however, if]
(b) The bonds of each issue shall be sold at public sale;
provided, however, that if all bids received at the public sale are
rejected, the authority may then negotiate for the sale of the
bonds at an interest rate which shall not exceed the lowest
interest rate stated in the bids rejected at public sale.

(c) In the event said bonds are sold for less than par, the
total amount of the discount shall be added to the total amount
of interest to the total amount of interest to be paid over the
life of the certificates at the rate of interest at which said
.certificates are to be sold and the total thereof shall be con-
sidered as interest, and the interest actually to be paid by
virtue of any discount shall then be computed [and said bonds
shall not be sold if the interest to be paid plus the discount
exceeds five per cent.] as the average net interest cost rate
under this section.
Section 2. This act shall be effective immediately upon be-
coming law.

The question recurred on the adoption
which was adopted. The vote was:
Yeas-66

Fortune, J.
Gautier
Gibson
Gissendanner
Gorman
Graham
Grizzle
Gustafson
Hartnett
Hector
Hodes
Humphrey
James
King
Land
Lewis
Lindsey

Elmore
Featherstone
Fortune, E. M.
Gillespie
Harris
Inman
Kennelly
Martinez, E. L.

Matthews
Mattox
Middlemas
Murphy
Osborne
Papy
Pfeiffer
Poorbaugh
Powell
Prominski
Randell
Reed
Robinson
Rude
Rust
Ryals
Sackett

McNulty
Myers
Mixson
Nichols
Pratt
Redman
Register
Scarborough

of the amendment,

Savage
Schultz
Sessums
Shadley
Singleton
Spicola
Stafford
Stevens
Sweeny
Walker
Wells
Whitson
Wolfson
Yancey
Yarborough

Shaw
Smith
Stallings
Tillman
Tucker
Tyre
Williams

Representatives Ducker and Bassett offered the following
amendment:
Strike the entire title and insert the following: An act re-
lating to the Florida State Turnpike Authority; amending sec-
tion 340.15(1), Florida Statutes, to increase the maximum in-
terest rate on bonds issued by the authority from five percent
(5%) to six percent (6%) and to authorize the authority to
negotiate the sale of bond issues when all bids at public sale
have been rejected; providing an effective date.
Mr. Ducker moved the adoption of the amendment which was
adopted.
Representatives Graham and Pettigrew offered the following
amendment:
Add the following as Section 2: "Section 2. If the additional
turnpike projects authorized herein shall be financed under that
certain trust indenture dated October 1, 1961 from the Florida
State Turnpike Authority to the Atlantic National Bank of
Jacksonville as trustee and others as co-trustees securing the
turnpike revenue bonds and adopted by resolution of the Florida
State Turnpike Authority on December 20, 1961, the bond service
requirements for said additional series of bonds shall be the
same as that provided in Section 2.05 of said trust indenture."
Re-number the remaining Section.
Mr. Graham moved the adoption of the amendment.

Pending consideration thereof, the absence of a quorum was
suggested. A quorum of 97 Members was present.
The question recurred on the adoption of the amendment,
which failed of adoption. The vote was:
Yeas-28

Baker
Bird
D'Alemberte
Dubbin
Featherstone
Firestone
Gautier
Nays-72
The Chair
Alvarez
Andrews
Arnold
Bassett
Beck
Bevis
Blalock
Brantley
Caldwell
Campbell
Clark
Conway
Craig
Crider
Culbreath
Danahy
Davis

Gissendanner
Graham
Grange
Harris
Hartnett
Hector
Inman

De Young
Ducker
Elmore
Fleece
Fortune, E. M.
Fortune, J.
Gallen
Gibson
Gillespie
Gorman
Grizzle
Gustafson
Hodes
Humphrey
James
Kennelly
King
Land

Lewis
Matthews
McNulty
Middlemas
Mixson
Myers
Nergard

Pettigrew
Prominski
Sackett
Scarborough
Shaw
Singleton
Smith

Lindsey Ryals
Martinez, E. L. Savage
Martinez, J. M. Schultz
Mattox Sessums
Miers Shadley
Murphy Spicola
Osborne Stafford
Papy Stallings
Pfeiffer Stevens
Powell Sweeny
Randell Tillman
Redman Tucker
Reed Tyre
Reedy Walker
Register Whitson
Robinson Wolfson
Rude Yancey
Rust Yarborough

Representatives Tillman and Tyre changed their vote from
Nay to Yea.
Representative Register offered the following amendment:
In Section 1, strike paragraph (b) and insert the following:
(b) The bonds of each issue shall be sold at public sale.
Mr. Register moved the adoption of the amendment.
Pending consideration thereof-
Representative Reed offered the following substitute amend-
ment:
At the end of paragraph (b) strike the period and insert the
following: provided however, in no event shall the interest rate
exceed six percent (6%).
Mr. Reed moved the adoption of the substitute amendment,
which was adopted.
On motion by Mr. Ducker, the rules were waived and HB
65-2X was read the third time in full.

Pending roll call, Mr. Wolfson moved the previous question
on the bill which was agreed to.
The question recurred on the passage of HB 65-2X which
passed, as amended. The vote was:
Yeas-73

Alvarez
Andrews
Arnold
Baker
Bassett
Beck
Bevis
Bird
Caldwell
Campbell
Clark
Conway
Craig
Culbreath
Danahy
Davis
De Young
Dubbin
Ducker

Eddy Matthews
Elmore Mattox
Fleece Middlemas
Fortune, J. Miers
Gallen Murphy
Gautier Osborne
Gibson Papy
Gorman Pfeiffer
Grizzle Powell
Gustafson Prominski
Hector Randell
Hodes Redman
Humphrey Reed
James Register
King Robinson
Land Rude
Lindsey Rust
Martinez, E. L. Ryals
Martinez, J. M. Sackett

Savage
Schultz
Sessums
Shadley
Smith
Spicola
Stafford
Stevens
Sweeny
Tucker
Turlington
Walker
Whitson
Wolfson
Yancey
Yarborough

78

The Chair
Andrews
Baker
Bassett
Bird
Caldwell
Campbell
Clark
Conway
Danahy
Davis
De Young
Dubbin
Ducker
Eddy
Firestone
Fleece
Nays-31
Alvarez
Arnold
Beck
Bevis
Blalock
Brantley
Craig
Crider

July 2, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Nays-30
Blalock
Brantley
Chappell
D'Alemberte
Featherstone
Fortune, E. M.
Gillespie
Gissendanner

Graham
Grange
Harris
Hartnett
Holloway
Inman
Kennelly
Lewis

McNulty
Mixson
Myers
Nichols
Pettigrew
Reedy
Scarborough
Shaw

Singleton
Stallings
Tillman
Tyre
Wells
Williams

Representative Firestone was recorded as voting Nay and
Representative Reedy changed his vote from Nay to Yea.
The bill was ordered immediately certified to the Senate, after
engrossment.

THE SPEAKER IN THE CHAIR

Adjournment
On motion by Mr. Rowell, the House adjourned at 12:25
P.M. to reconvene at 2:30 P.M. today.

AFTERNOON SESSION
The House was called to order by the Speaker at 2:30 P.M.
The following Members were recorded present:

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Beck
Bevis
Bird
Blalock
Brantley
Brower
Caldwell
Campbell
Chappell
Clark
Conway
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker
Eddy
Elmore

Featherstone
Firestone
Fleece
Fortune, E. M.
Fortune, J.
Gallen
Gautier
Gibson
Gillespie
Gissendanner
Gorman
Graham
Grange
Grizzle
Gustafson
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
Inman
James
Kennelly
King
Land
Lewis
Lindsey

Martinez, E. L. Rude
Martinez, J. M. Rust
Matthews Ryals
Mattox Sackett
McDonald Savage
McNulty Scarborough
Middlemas Schultz
Miers Sessums
Mixson Shadley
Murphy Shaw
Myers Singleton
Nergard Smith
Nichols Spicola
Osborne Stafford
Papy Stallings
Pettigrew Stevens
Pfeiffer Sweeny
Poorbaugh Tillman
Powell Tucker
Pratt Tyre
Prominski Walker
Randell Wells
Redman Whitson
Reed Williams
Reedy Wolfson
Register Yancey
Robinson Yarborough
Rowell

A quorum was present.

REPORTS OF STANDING COMMITTEES
The Committee on Finance & Taxation recommends the follow-
ing pass: HB 49-2X.
The bill was placed in the Committee on Rules & Calendar.

CONTINUATION OF THE SPECIAL ORDER
HB 15-2X-A bill to be entitled An act amending section
348.56(2), Florida Statutes, relating to the issuance of bonds
of the Tampa-Hillsborough County Expressway Authority; pro-
viding an effective date.

-was taken up.
On motions by Mr. Sessums, the rules were waived and HB

79

15-2X was read the second time by title, the third time in full
and passed, title as stated. The vote was:
Yeas-78

Mr. Speaker
Alvarez
Baker
Bassett
Beck
Bevis
Brantley
Caldwell
Campbell
Clark
Conway
Craig
Culbreath
D'Alemberte
Davis
De Young
Dubbin
Ducker
Eddy
Elmore
Nays-6
Blalock
Kennelly

Featherstone
Firestone
Fleece
Fortune, E. M.
Fortune, J.
Gibson
Gillespie
Gissendanner
Gorman
Grange
Grizzle
Gustafson
Hartnett
Hodes
Holloway
Humphrey
Inman
James
Land
Martinez, E. L.

Lindsey
McNulty

Martinez, J. M. Savage
Matthews Scarborough
McDonald Schultz
Middlemas Sessums
Miers Singleton
Murphy Smith
Nergard Stafford
Osborne Stevens
Pettigrew Sweeny
Pfeiffer Tillman
Powell Tucker
Rand.ell Tyre
Redman Walker
Reed Wells
Reedy Whitson
Register Wolfson
Rowell Yancey
Rude Yarborough
Rust
Ryals

Stallings

Williams

Representatives Bird, Danahy, Gautier, Graham, Harris, Hec-
tor, Mixson, Papy, and Spicola were recorded as voting Yea.
The bill was ordered immediately certified to the Senate.
HB 16-2X-A bill to be entitled An act relating to Tampa-
Hillsborough County Expressway Authority; amending sub-
section (2) of section 7 of chapter 63-447, Laws of Florida, in-
creasing maximum interest payable on bonds; providing an
effective date.
-was taken up.
On motions by Mr. Sessums, the rules were waived and HB
16-2X was read the second time by title, the third time in full
and passed, title as stated. The vote was:
Yeas-81

Mr. Speaker
Alvarez
Arnold
Baker
Bassett
Bevis
Bird
Brantley
Caldwell
Campbell
Clark
Culbreath
D'Alemberte
Davis
De Young
Dubbin
Ducker
Eddy
Elmore
Featherstone
Firestone
Nays-4
Blalock

Fleece
Fortune, E. M.
Fortune, J.
Gibson
Gillespie
Gissendanner
Gorman
Graham
Grange
Grizzle
Gustafson
Hartnett
Hector
Hodes
Holloway
Humphrey
Inman
James
Land
Lindsey
Martinez, E. L.

Kennelly

Matthews
Mattox
McDonald
Middlemas
Miers
Murphy
Nergard
Osborne
Pettigrew
Pfeiffer
Powell
Randell
Redman
Reed
Register
Rowell
Rude
Rust
Ryals
Savage
Scarborough

McNulty

Schultz
Sessums
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tillman
Tucker
Tyre
Walker
Wells
Whitson
Williams
Wolfson
Yancey
Yarborough

Stallings

Representatives Andrews, Danahy, Gautier, Harris, Mixson,
Papy, and Shadley were recorded as voting Yea.
The bill was ordered immediately certified to the Senate.
By Representatives Middlemas, Graham, and Reed-
HB 51-2X-A bill to be entitled An act relating to general
and miscellaneous appropriations; amending the introductory
paragraph of subsection (1) and amending paragraph (d) of
subsection (1) of section 282.013, Florida Statutes, to authorize
the state board of education to allocate funds which become

JOURNAL OF THE HOUSE OF REPRESENTATIVES

July 2, 1968

available pursuant to section 19, article XII of tbh state con-
stitution; providing an effective date.
-was read the first time by title and taken up, by waiver of
the rules.
On motions by Mr. Middlemas, the rules were waived and
HB 51-2X was read the second time by title, the third time in
full and passed, title as stated. The vote was:

Firestone
Fleece
Fortune, E. M.
Fortune, J.
Gallen
Gautier
Gibson
Gillespie
Gissendanner
Gorman
Graham
Grange
Grizzle
Gustafson
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
James
Land
Lewis

Yeas-91
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Bevis
Bird
Blalock
Caldwell
Campbell
Clark
Conway
Culbreath
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker
Eddy
Elmore
Featherstone
Nays-4
Brantley

Lindsey Sackett
Martinez, E. L. Savage
Martinez, J. M. Scarborough
Matthews Schultz
Mattox Sessums
McDonald Shadley
Middlemas Shaw
Miers Singleton
Mixson Smith
Murphy Spicola
Nergard Stafford
Osborne Stevens
Pettigrew Sweeny
Pfeiffer Tillman
Powell Tucker
Pratt Tyre
Prominski Walker
Randell Wells
Reed Whitson
Reedy Wolfson
Register Yancey
Rust Yarborough
Ryals

Rude

Stallings

Representative Papy was recorded as voting Yea.
The bill was ordered immediately certified to the Senate.
Mr. Schultz, on behalf of the House conferees on HJR 1-2X,
moved that the House instruct its conferees to delete the pledge
of the state's full faith and credit from subsection (b) of
Section 10 of Article XII, relating to state capital projects.
Mr. Scarborough offered a substitute motion that the con-
ferees be instructed to delete the full faith and credit pledge
from subsections (b), (c) (5), and (d) of Section 10 of Article
XII, relating to state capital projects, second gas tax, and
school bonds.
The Speaker advised the House that the instruction could be
only advisory to the House conferees in their joint deliberations
with the Senate conferees but would give the conferees an in-
dication of the sentiment of the House with Mr. Schultz' motion
serving also to advise the House of problems encountered
during the conference.
When the vote was taken on the substitute motion by Mr.
Scarborough, the result was:

Gissendanner McDonald
Grange Miers
Hodes Mixson
Holloway Nichols
Humphrey Papy
Inman Poorbaugh
Kennelly Pratt
Lindsey Register
Martinez, E. L. Rust
Mattox Scarborough

Culbreath
Davis
Dubbin
Ducker
Eddy
Fleece
Gautier
Gibson
Gorman

Graham
Grizzle
Gustafson
Hartnett
Hector
James
King
Land
Lewis

Sessums
Shaw
Smith
Stallings
Tucker
Tyre
Williams
Yancey

Martinez, J. M.
Matthews
McNulty
Murphy
Osborne
Pfeiffer
Powell
Prominski
Randell

Redman Ryals Stevens Wolfson
Reed Schultz Sweeny Yarborough
Robinson Shadley Walker
Rowell Singleton Wells
Rude Spicola Whitson
Representative Spicola changed his vote from Nay to Yea,
Representative Campbell was recorded as voting Yea, and
Representative Myers was recorded as voting Nay.
The substitute motion was not agreed to.
The question recurred on Mr. Schultz' motion, which was
agreed to.

Recess
On motion by Mr. Rowell, the House stood in informal recess
at 3:22 P.M. to reconvene upon call of the Speaker.

Reconvened
The House was called to order by Mr. Schultz at 4:00 P.M.
A quorum was present.

Recess
On motion by Mr. Rowell, the House stood in informal recess
at 4:02 to reconvene upon the call of the Speaker.

Reconvened
The House was called to order by Mr. Schultz at 4:15 P.M.
A quorum was present.

Report of the Committee on Rules & Calendar
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

July 2, 1968

Your Committee on Rules & Calendar herewith submits, as
the Special Order Calendar under Rule 8.16 for Tuesday after-
noon, July 2, 1968, the consideration of the following bills to-
gether with their companion measures:
HB 49-2X HB 41-2X
HB 30-2X
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar
On motion by Mr. Rowell, the above report was adopted.
On motion by Mr. Sweeny, the rules were waived and the
House reverted to the order of-

MESSAGES FROM THE SENATE

July 2, 1968

The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

I am directed to inform the House of Representatives that
the Senate has passed-

By Senators Griffin and Mathews-
SB 27-2X-A bill to be entitled An act relating to the tax on
sales, use and other transactions; amending section 212.02(9),

80

Kennelly

Yeas-38
Alvarez
Arnold
Bevis
Blalock
Brower
Conway
Craig
De Young
Featherstone
Gillespie
Nays-53
Mr. Speaker
Andrews
Baker
Bassett
Bird
Brantley
Caldwell
Clark
Crider

Florida Statutes, to require governmental instrumentalities to
collect the tax in certain circumstances; amending section 212.-
03(6), Florida Statutes, to restate the levying of the tax on
rental of parking or docking spaces; adding paragraphs (i)
and (j) to section 212.06(2), Florida Statutes, containing defini-
tions of "dealer"; adding section 212.07(2A), Florida Statutes,
to make a purchaser who cannot prove payment of the tax to
his vendor or lessor to be directly liable to the state for the tax,
interest, and penalties due; providing an effective date.
and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 27-2X, contained in the above message, was read the first
time by title and placed on the Calendar, being a companion to
HB 49-2X now on the Calendar.

CONSIDERATION OF THE SPECIAL ORDER
HB 49-2X was taken up. On motion by Mr. Sweeny, SB 27-2X,
a companion measure on the Calendar, was substituted for HB
49-2X.
SB 27-2X-A bill to be entitled An act relating to the tax
on sales, use and other transactions; amending section 212.-
02(9), Florida Statutes, to require governmental instrumental-
ities to collect the tax in certain circumstances; amending sec-
tion 212.03(6), Florida Statutes, to restate the levying of the
tax on rental of parking or docking spaces; adding paragraphs
(i) and (j) to section 212.06(2), Florida Statutes, containing
definitions of "dealer"; adding section 212.07(2A), Florida Stat-
utes, to make a purchaser who cannot prove payment of the tax
to his vendor or lessor to be directly liable to the state for the
tax, interest, and penalties due; providing an effective date.
On motion by Mr. Sweeny, the rules were waived and SB 27-
2X was read the second time by title.
Representative Reed offered the following amendment:
In Section 1, on page 2, line 15, strike "privately owned or
operated" and on line 18, strike "privately owned or operated"
Mr. Reed moved the adoption of the amendment which was
adopted.

THE SPEAKER IN THE CHAIR
Representative Reed offered the following amendment:
In Section 2, on page 3, line 8, strike "privately owned or
operated" and in line 10, strike "privately owned or operated"
Mr. Reed moved the adoption of the amendment which was
adopted.
Representative Reed offered the following amendment:
In Section 3, on page 4, line 2, strike "privately owned or
operated" and in line 4, strike "privately owned or operated"
Mr. Reed moved the adoption of the amendment which was
adopted. The vote was:
Yeas-83

Savage
Scarborough
Sessums
Shadley
Nays-12
Andrews
Blalock
Brantley

Singleton
Spicola
Stafford
Stallings

Conway
Gillespie
Gissendanner

81

Tillman
Walker
Wells
Williams

Middlemas
Miers
Pratt

Wolfson
Yancey
Yarborough

Rowell
Schultz
Tucker

Representative Reed offered the following amendment:
In Section 4, on page 4, line 22, strike "privately owned or
operated" and in line 24, strike "privately owned or operated"
Mr. Reed moved the adoption of the amendment which was
adopted.
Representative Alvarez offered the following amendment:
In Section 5, on page 4, line 30, strike entire Section 5 and
insert the following:
Section 5. Subsection (5) of section 212.08, Florida Statutes,
is amended to read:
212.08 Sales, rental, storage, use tax; specified exemptions.
,-The sale at retail, the rental, the use, the consumption, the
distribution and the storage to be used or consumed in this
state, of the following tangible personal property, are hereby
specifically exempt from the tax imposed by this chapter.

(5) EXEMPTIONS; ACCOUNT OF USE.-There shall be
exempt from the tax imposed by this chapter nets designed
and used exclusively by commercial fisheries; ice used for
processing and shipping of food products; feeds for raising
poultry and livestock on farms and for feeding dairy cows;
fertilizers, insecticides and fungicides used for application on
crops or groves; portable containers used for processing farm
products; field and garden seeds; and cloth, plastic, and other
similar materials used for shade, mulch, protection from frost
or insects by a farmer on a farm owned, leased or sharecropped
by him; provided, that such exemption shall not be allowed
unless the purchaser or lessee signs a certificate stating that
the item to be exempted is for the exclusive used designated
herein.
Section 6. This act shall be effective immediately upon be-
coming a law.
Mr. Alvarez moved the adoption of the amendment.
Pending consideration thereof-
Representative E. L. Martinez offered the following amend-
ment to the amendment: After the words "feeding dairy cows"
insert the following: and tropical fish

Mr. E. L. Martinez moved the adoption of the amendment to
the amendment which was adopted.

The question recurred on the adoption of the amendment, as
amended, which failed of adoption.
On motion by Mr. Sweeny, the rules were waived and SB
27-2X was read the third time in full and passed, as amended.
The vote was:
Yeas-90

Elmore
Featherstone
Firestone
Fleece
Fortune, E. M.
Gallen
Gibson
Gorman
Graham
Grange
Grizzle
Gustafson
Harris
Hartnett
Hector
Hodes
Holloway

Humphrey
Inman
James
Kennelly
King
Land
Lewis
Lindsey
Martinez, E. L.
Martinez, J. M.
Matthews
Mattox
McDonald
McNulty
Mixson
Murphy
Nergard

Nichols
Osborne
Papy
Pettigrew
Pfeiffer
Poorbaugh
Powell
Prominski
Randell
Redman
Reed
Reedy
Robinson
Rude
Rust
Ryals
Sackett

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Beck
Bevis
Bird
Blalock
Brantley
Caldwell
Campbell
Chappell
Clark
Conway
Craig
Culbreath

Danahy
Davis
De Young
Dubbin
Ducker
Eddy
Elmore
Featherstone
Firestone
Fleece
Fortune, E. M.
Gallen
Gautier
Gibson
Gillespie
Gorman
Graham

Grange
Grizzle
Harris
Hartnett
Hector
Holloway
Humphrey
Inman
James
King
Land
Lewis
Lindsey
Martinez, E. L.
Martinez, J. M.
Matthews
Mattox

July 2, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Alvarez
Arnold
Baker
Bassett
Beck
Bevis
Bird
Caldwell
Campbell
Chappell
Culbreath
Danahy
Davis
De Young
Dubbin
Ducker
Eddy

McDonald
McNulty
Middlemas
Miers
Mixson
Murphy
Myers
Nichols
Osborne
Pettigrew
Pfeiffer
Powell
Prominski
Randell
Redman
Reed
Rowell

JOURNAL OF THE HOUSE OF REPRESENTATIVES

July 2, 1968

Rude Schultz Spicola Whitson
Rust Sessums Sweeny Wolfson
Ryals Shadley Tucker Yancey
Sackett Shaw Tyre Yarborough
Savage Singleton Walker
Scarborough Smith Wells
Nays-8
Gissendanner Kennelly Stallings Tillman
Gustafson Papy Stevens Williams
Representatives De Young, Humphrey, and Reed changed
their vote from Yea to Nay, and Representatives Gustafson
and Stevens changed their vote from Nay to Yea.
The bill was ordered immediately certified to the Senate,
after engrossment.
Under Rule 7.11, HB 49-2X was laid on the table.
HB 30-2X-A bill to be entitled An act amending section 11
of Chapter 65-1607, Special Acts of Florida, Acts of 1965, as
amended by Chapter 67-1438, Special Acts of Florida, Acts of
1967, providing for an increase of the maximum interest rate
to six percent (6%) per annum; providing for the certificates
to mature not exceeding forty (40) years from date of issuance
as may be determined by the Hospital District Board of Hardee
County; and providing for a referendum.
-was taken up.
On motion by Mr. Gallen, the rules were waived and HB
30-2X was read the second time by title.
Representative Gallen offered the following amendment: In
title, line 10, following "and providing for" strike "a referen-
dum." and insert "an effective date."
Mr. Gallen moved the adoption of the amendment which
was adopted.
On motion by Mr. Gallen, the rules were waived and HB
30-2X was read the third time in full and passed, as amended.
The vote was:
Yeas-101
Mr. Speaker Featherstone Martinez, J. M. Ryals
Alvarez Firestone Matthews Sackett
Andrews Fleece Mattox Savage
Arnold Fortune, E. M. McDonald Scarborough
Baker Gallen McNulty Schultz
Bassett Gautier Middlemas Sessums
Beck Gibson Miers Shadley
Bevis Gillespie Mixson Shaw
Bird Gissendanner Murphy Singleton
Blalock Gorman Myers Smith
Brantley Graham Nergard Spicola
Caldwell Grange Nichols Stallings
Campbell Grizzle Osborne Stevens
Chappell Gustafson Papy Sweeny
Clark Harris Pettigrew Tillman
Conway Hartnett Pfeiffer Tucker
Craig Hector Poorbaugh Tyre
Culbreath Holloway Powell Walker
D'Alemberte Humphrey Pratt Wells
Danahy Inman Prominski Whitson
Davis James Randell Wolfson
De Young Kennelly Redman Yancey
Dubbin Land Reed Yarborough
Ducker Lewis Rowell
Eddy Lindsey Rude
Elmore Martinez, E. L. Rust
Nays-None
The bill was ordered immediately certified to the Senate
after engrossment.
HB 41-2X-A bill to be entitled An act to amend chapter
24792, Laws of Florida, Special Acts of 1947, relating to the
Town of Palm Beach Shores, Palm Beach county, Florida, by
providing to delete negotiable coupon; providing for six (6%)
per centum per annum; providing for a referendum.
-was taken up.
On motions by Mr. De Young, the rules were waived and

HB 41-2X was read the second time by title, the third time in
full and passed, title as stated. The vote was:

Yeas-91
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Beck
Bevis
Bird
Blalock
Caldwell
Campbell
Chappell
Clark
Conway
Craig
Culbreath
Danahy
Davis
De Young
Dubbin
Ducker
Eddy
Nays-2
Kennelly

Elmore
Featherstone
Firestone
Fleece
Fortune, E. M.
Gautier
Gibson
Gillespie
Gissendanner
Gorman
Graham
Grange
Grizzle
Gustafson
Harris
Hartnett
Hector
Holloway
Humphrey
Inman
James
Land
Lewis

Lindsey Rude
Martinez, E. L. Rust
Martinez, J. M. Ryals
Mattox Sackett
McDonald Savage
McNulty Scarborough
Middlemas Schultz
Miers Sessums
Mixson Shadley
Murphy Shaw
Myers Singleton
Nergard Spicola
Nichols Stevens
Osborne Sweeny
Pettigrew Tillman
Pfeiffer Tucker
Poorbaugh Tyre
Powell Walker
Prominski Wells
Randell Whitson
Redman Wolfson
Reed Yarborough
Rowell

Stallings

The bill was ordered immediately certified to the Senate.

Recess
On motion by Mr. Rowell, the House stood in informal recess
at 4:47 P.M. to reconvene upon the call of the Speaker.

Reconvened
The House was called to order by the Speaker at 5:05 P.M.
A quorum was present.

CONFERENCE COMMITTEE REPORT ON SJR 5-2X
On motion by Mr. Yarborough, the House agreed to now take
up and consider SJR 5-2X with the following report of the
Conference Committee:
Honorable Verle A. Pope July 2, 1968
President of the Senate
Honorable Ralph D. Turlington
Speaker, House of Representatives
Dear Sirs:
Your Conference Committee on the disagreeing votes of the
two Houses on House amendment to Senate Joint Resolution
5-2X, same being:
A joint resolution proposing a
revision of Article VIII of the
Constitution of the State of
Florida relating to counties
and cities.
having met, and after full and free conference, have agreed to
recommend and do recommend to their respective Houses, as
follows:
That the house recede from the House amendment and that
the attached amendment to Senate Joint Resolution 5-2X be
adopted by both houses.
Respectfully submitted
Reubin O'D. Askew
Chairman
Conferees on the part of the Senate
Jess Yarborough
Chairman
Conferees on the part of the House
(Conference Committee amendment attached to report, con-
stituted a rewrite of entire joint resolution.)
Mr. Yarborough moved that the House accept and adopt the
Conference Committee Report in its entirety, which was agreed
to by the required Constitutional three-fifths vote of all Mem-
bers elected to the House. The vote was:

82

July 2, 1968

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Yeas-88
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bevis
Bird
Blalock
Brantley
Brower
Caldwell
Campbell
Clark
Conway
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
De Young
Dubbin
Nays-18
Bassett
Beck
Chappell
Ducker
Gibson

Eddy
Elmore
Featherstone
Firestone
Fleece
Fortune, E. M.
Gallen
Gautier
Gillespie
Gissendanner
Graham
Grange
Grizzle
Gustafson
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
Inman
James

Gorman McNulty
Kennelly Nergard
King Papy
Martinez, J. M. Powell
Mattox Pratt

The question recurred on the final passage
amended by Conference Committee Report,
follows:

Land
Lewis
Lindsey
Martinez, E. L.
Matthews
McDonald
Middlemas
Miers
Mixson
Murphy
Myers
Nichols
Osborne
Pettigrew
Pfeiffer
Poorbaugh
Prominski
Randell
Redman
Reed
Reedy
Rude

SJR 5-2X-A joint resolution proposing a revision of Article
VIII of the Constitution of the State of Florida relating to
counties and cities.
Be It Resolved by the Legislature of the State of Florida:
That the following proposed revision of Article VIII of the
Constitution of the State of Florida is hereby agreed to and
shall be submitted to the electors of this state for ratification
or rejection at the next general election to be held in Novem-
ber 1968:

ARTICLE VIII
LOCAL GOVERNMENT
Section 1. COUNTIES.-
(a) POLITICAL SUBDIVISIONS. The state shall be di-
vided by law into political subdivisions called counties. Counties
may be created, abolished or changed by law, with provision for
payment or apportionment of the public debt.
(b) COUNTY FUNDS. The care, custody and method of
disbursing county funds shall be provided by general law.
(c) GOVERNMENT. Pursuant to general or special law,
a county government may be established by charter which shall
be adopted, amended or repealed only upon vote of the electors
of the county in a special election called for that purpose.
(d) COUNTY OFFICERS. There shall be elected by the
electors of each county, for terms of four years, a sheriff, a
tax collector, a tax assessor, a supervisor of elections, and a
clerk of the circuit court; except, when provided by county
charter or special law approved by vote of the electors of the
county, any county officer may be chosen in another manner
therein specified, or any county office may be abolished when all
the duties of the office prescribed by general law are trans-
ferred to another office. When not otherwise provided by
county charter or special law approved by vote of the electors,
the clerk of the circuit court shall be ex officio clerk of the
board of county commissioners, auditor, recorder and custodian
of all county funds.
(e) COMMISSIONERS. Except when otherwise provided
by county charter, the governing body of each county shall be
a board of county commissioners composed of five members
serving staggered terms of four years. After each decennial

83

Rust
Ryals
Sackett
Savage
Scarborough
Schultz
Sessums
Shaw
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tucker
Tyre
Walker
Wells
Whitson
Wolfson
Yancey
Yarborough

Stallings
Tillman
Williams

of SJR 5-2X, as
which reads as

formed by another county, municipality or special district, after
approval by vote of the electors of the transferor and approval
by vote of the electors of the transferee, or as otherwise pro-
vided by law.

census the board of county commissioners shall divide the coun-
ty into districts of contiguous territory as nearly equal in
population as practicable. One commissioner residing in each
district shall be elected by the electors of the county.
(f) NON-CHARTER GOVERNMENT. Counties not oper-
ating under county charters shall have such power of self-
government as is provided by general or special law. The board
of county commissioners of a county not operating under a
charter may enact, in a manner prescribed by general law,
county ordinances not inconsistent with general or special law,
but an ordinance in conflict with a municipal ordinance shall
not be effective within the municipality to the extent of such
conflict.
(g) CHARTER GOVERNMENT. Counties operating un-
der county charters shall have all powers of local self-govern-
ment not inconsistent with general law, or with special law ap-
proved by vote of the electors. The governing body of a county
operating under a charter may enact county ordinances not
inconsistent with general law. The charter shall provide which
shall prevail in the event of conflict between county and
municipal ordinances.
(h) TAXES-LIMITATION. Property situate within mu-
nicipalities shall not be subject to taxation for services rendered
by the county exclusively for the benefit of the property or
residents in unincorporated areas.

(i) COUNTY ORDINANCES. Each county ordinance shall
be filed with the secretary of state and shall become effective
at such time thereafter as is provided by general law.
(j) VIOLATION OF ORDINANCES. Persons violating
county ordinances shall be prosecuted and punished as provided
by law.
(k) COUNTY SEAT. In every county there shall be a
county seat at which shall be located the principal offices and
permanent records of all county officers. The county seat may
not be moved except as provided by general law. Branch offices
for the conduct of county business may be established else-
where in the county by resolution of the governing body of the
county in the manner prescribed by law. No instrument shall be
deemed recorded in the county until filed at the county seat
according to law.
Section 2. MUNICIPALITIES.-
(a) ESTABLISHMENT. Municipalities may be established
or abolished and their charters amended pursuant to general
or special law. When any municipality is abolished, provision
shall be made for the protection of its creditors.
(b) POWERS. Municipalities shall have governmental, cor-
porate and proprietary powers to enable them to conduct mu-
nicipal government, perform municipal functions and render
municipal services, and may exercise any power for municipal
purposes except as otherwise provided by law. Each municipal
legislative body shall be elective.

(c) ANNEXATION. Municipal annexation of unincorpo-
rated territory, merger of municipalities, and exercise of extra-
territorial powers by municipalities shall be as provided by
general or special law.
Section 3. CONSOLIDATION.-The government of a county
and the government of one or more municipalities located there-
in may be consolidated into a single government which may
exercise any and all powers of the county and the several
municipalities. The consolidation plan may be proposed only by
special law, which shall become effective if approved by vote
of the electors of the county, or of the county and municipali-
ties affected, as may be provided in the plan. Consolidation shall
not extend the territorial scope of taxation for the payment
of pre-existing debt except to areas whose residents receive a
benefit from the facility or service for which the indebtedness
was incurred.
Section 4. TRANSFER OF POWERS.-By law or by reso-
lution of the governing bodies of each of the governments
affected, any function or power of a county, municipality or
special district may be transferred to or contracted to be per-

84

Section 5. LOCAL OPTION.-Local option on the legality
or prohibition of the sale of intoxicating liquors, wines or
beers shall be preserved to each county. The status of a county
with respect thereto shall be changed only by vote of the elec-
tors in a special election called upon the petition of twenty-
five per cent of the electors of the county, and not sooner than
two years after an earlier election on the same question. Where
legal, the sale of intoxicating liquors, wines and beers shall be
regulated by law.
Section 6. SCHEDULE.-
(a) This article shall replace all of Article VIII of the Con-
stitution of 1885, as amended, except those sections expressly
retained and made a part of this article by reference.
(b) COUNTIES-COUNTY SEATS-MUNICIPALITIES-
DISTRICTS. The status of the following items as they exist
on the date this article becomes effective is recognized and shall
be continued until changed in accordance with law: the counties
of the state; their status with respect to the legality of the
sale of intoxicating liquors, wines and beers; the method of
selection of county officers; the performance of municipal func-
tions by county officers; the county seats; and the municipalities
and special districts of the state, their powers, jurisdiction and
government.
(c) OFFICERS TO CONTINUE IN OFFICE. Every person
holding office when this article becomes effective shall continue
in office for the remainder of the term if that office is not abol-
ished. If the office is abolished the incumbent shall be paid ade-
quate compensation, to be fixed by law, for the loss of emolu-
ments for the remainder of the term.
(d) ORDINANCES. Local laws relating only to unincor-
porated areas of a county on the effective date of this article
may be amended or repealed by county ordinance.
(e) CONSOLIDATION AND HOME RULE. Article VIII,
Sections 9, 10, 11 and 24, of the Constitution of 1885, as amend-
ed, shall remain in full force and effect as to each county af-
fected, as if this article had not been adopted, until that county
shall expressly adopt a charter or home rule plan pursuant to
this article. All provisions of the Metropolitan Dade County
Home Rule Charter, heretofore or hereafter adopted by the elec-
tors of Dade County pursuant to Article VIII, Section 11, of the
Constitution of 1885, as amended, shall be valid, and any amend-
ments to such charter shall be valid; provided that the said
"provisions of such charter and the said amendments thereto
are authorized under said Article VIII, Section 11, of the Con-
stitution of 1885, as amended.
(f) DADE COUNTY-POWERS CONFERRED UPON MU-
NICIPALITIES. To the extent not inconsistent with the pow-
ers of existing municipalities or general law, the Metropolitan
Government of Dade County may exercise all the powers con-
ferred now or hereafter by general law upon municipalities.

(g) DELETION OF OBSOLETE SCHEDULE ITEMS. The
legislature shall have power, by joint resolution, to delete from
this article any subsection of this Section 6, including this sub-
section, when all events to which the subsection to be deleted is
or could become applicable have occurred. A legislative deter-
mination of fact made as a basis for application of this subsec-
tion shall be subject to judicial review.
When the vote was taken on the passage of the joint resolu-
tion, as amended, the result was:
Yeas-88

Sackett
Savage
Scarborough
Schultz
Sessums
Nays-19
Bassett
Campbell
Chappell
Crider
Ducker

Shaw
Singleton
Smith
Spicola
Stafford

Gibson
Gorman
Inman
Kennelly
King

Stevens
Sweeny
Tucker
Tyre
Walker

July 2, 1968

Wells
Whitson
Wolfson
Yancey
Yarborough

Martinez, J. M. Pratt
Mattox Stallings
McNulty Tillman
Papy Williams
Powell

Representative Crider changed his vote from Nay to Yea.
SJR 5-2X passed, as amended by Conference Committee Re-
port, by the required Constitutional three-fifths vote of all
Members elected to the House. The action of the House, to-
gether with SJR 5-2X and Conference Committee Report
thereon, was ordered certified to the Senate.
On motion by Mr. Wolfson, the rules were waived, and the
House reverted to the order of-

MESSAGES FROM THE SENATE

July 2, 1968

The Honorable Ralph D. Turlington
Speaker, House of Representatives

Sir:
I am directed to inform the House of Representatives that
the Senate has adopted the Conference Committee Report by
the required Constitutional three-fifths vote of all members
elected to the Senate, to-
By Representative Dubbin and others-
HJR 3-2X-A joint resolution proposing a revision of Article
VI of the Constitution of the State of Florida relating to suf-
frage and eligibility.
-and pursuant thereto the Senate has receded from the Senate
amendment to HJR 3-2X, has adopted the Conference Committee
amendment attached to the original bill, and has passed HJR
3-2X, as amended by the Conference Committee amendment, by
the required Constitutional three-fifths vote of all members
elected to the Senate.
and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate

CONFERENCE COMMITTEE REPORT ON HJR 3-2X
On motion by Mr. Wolfson, the House agreed to now take
up and consider HJR 3-2X with the following report of the Con-
ference Committee:

Danahy
Davis
De Young
Dubbin
Eddy
Elmore
Featherstone
Firestone
Fleece
Fortune, E. M.
Gallen
Gautier
Gillespie
Gissendanner
Graham
Grange
Grizzle

Gustafson
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
James
Land
Lewis
Lindsey
Martinez, E. L.
Matthews
McDonald
Middlemas
Miers
Mixson

Murphy
Myers
Nergard
Nichols
Osborne
Pettigrew
Pfeiffer
Poorbaugh
Prominski
Randell
Redman
Reed
Reedy
Rowell
Rude
Rust
Ryals

The Honorable Verle A. Pope
President of the Senate
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Dear Sirs:

July 2, 1968

Your Conference Committee on the disagreeing votes of the
two Houses on the Senate. amendment and the House amend-
ment to HJR 3-2X, the same being:
A joint resolution proposing a revision
of Article VI of the Constitution of the
State of Florida relating to suffrage
and eligibility.
-having met, and after full and free conference, have agreed
to recommend and do recommend to their respective Houses, as
follows:

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Beck
Bevis
Bird
Blalock
Brantley
Brower
Caldwell
Clark
Conway
Craig
Culbreath
D'Alemberte

JOURNAL OF THE HOUSE OF REPRESENTATIVES

That the Senate recede from the Senate amendment; that
the Senate and House adopt the Conference Committee amend-
ment which is attached hereto and made a part of this report
and pass HJR 3-2X as amended by the Conference Committee
amendment.
Respectfully submitted,

Louis Wolfson, II
John L. Ryals
Lew Brantley
Gerald Lewis
A. S. Robinson
William G. James
Managers on the part of the
House of Representatives

Wilbur Boyd
John R. Broxson
J. Emory Cross
Tom Slade
Richard B. Stone
Dennis J. Patrick O'Grady
Managers on the part of the
Senate

Conference Committee Amendment:
Strike all of Section 2 and insert:
Section 2. ELECTORS.-'Every citizen of the United States
who is at least nineteen years of age and who has been a per-
manent resident for one year in the state and six months in
a county, if registered as provided by law, shall be an elector
of that county. Provisions may be made by law for other bona
fide residents of the state who are at least nineteen years of age
to vote in the election of presidential electors.
Mr. Wolfson moved that the Report of the Conference Com-
mittee on HJR 3-2X be accepted and adopted by the House in its
entirety.
When the vote was taken on the adoption of the Conference
Committee Report, the result was:
Yeas-60

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Brantley
Brower
Caldwell
Campbell
Clark
Conway
Crider
D'Alemberte
Danahy
De Young
Nays-49
Bassett
Beck
Bevis

Dubbin
Eddy
Elmore
Firestone
Fleece
Gautier
Gillespie
Gissendanner
Graham
Grange
Grizzle
Harris
Hartnett
Hector
Hodes

Bird
Blalock
Chappell

Holloway
Humphrey
Land
Lewis
Martinez, E. L.
Matthews
McNulty
Middlemas
Murphy
Myers
Osborne
Pettigrew
Pfeiffer
Prominski
Reed

Craig
Culbreath
Davis

Reedy
Rust
Ryals
Savage
Scarborough
Schultz
Sessums
Singleton
Smith
Spicola
Stevens
Sweeny
Williams
Wolfson
Yarborough

Ducker
Featherstone
Fortune, E. M.

Fortune, J.
Gallen
Gibson
Gorman
Gustafson
Inman
James
Kennelly
King
Lindsey

Martinez, J. M. Pratt
Mattox Randell
McDonald Redman
Miers Rowell
Mixson Rude
Nergard Sackett
Nichols Shadley
Papy Shaw
Poorbaugh Stafford
Powell Stallings

85

Tillman
Tucker
Tyre
Walker
Wells
Whitson
Yancey

The Conference Committee Report on HJR 3-2X failed of
adoption by the required Constitutional three-fifths vote of all
Members elected to the House.

EXPLANATION OF VOTE ON ACCEPTANCE OF
CONFERENCE COMMITTEE REPORT ON HJR 3-2X
I do not oppose 19 year olds being given the franchise to vote.
However, I feel that the right to vote should be conferred only
simultaneously with the other responsibilities of adulthood.
Representative Donald L. Tucker

ENGROSSING REPORTS

Your Engrossing Clerk to whom was referred-

HB 64-2X

HB 65-2X

HB 30-2X

July 2, 1968

-with amendments, reports the amendments have been incor-
porated and the bills are herewith returned.
-and the bills were ordered immediately certified to the Senate.
July 2, 1968
Your Engrossing Clerk to whom was referred-

SB 27-2X

-with amendments, reports the amendments have been exam-
ined and the bill is herewith returned.
-and the bill with amendments, was ordered immediately certi-
fied to the Senate.

Adjournment
On motion by Mr. Rowell, the House adjourned at 5:45 P.M.
to reconvene at 10:00 A.M. tomorrow.

July 2, 1968

THE JOURNAL OF THE FLORIDA

House onf RepreseItatives

PROCEEDINGS AT TALLAHASSEE OF THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]
SPECIAL SESSION

WEDNESDAY, JULY 3, 1968

The House was called to order by the Speaker at 10:00 A. M.
The following Members were recorded present:

Firestone
Fleece
Fortune, E. M.
Fortune, J.
Gallen
Gautier
Gibson
Gillespie
Gissendanner
Gorman
Graham
Grange
Grizzle
Gustafson
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
Inman
James
Kennelly
King
Land
Lewis
Lindsey
Martinez, E. L.

Martinez, J. M. Rude
Matthews Rust
Mattox Ryals
McDonald Sackett
McNulty Savage
Middlemas Scarborough
Miers Schultz
Mixson Sessums
Murphy Shadley
Myers Shaw
Nergard Singleton
Nichols Smith
Osborne Spicola
Papy Stafford
Pettigrew Stallings
Pfeiffer Stevens
Poorbaugh Sweeny
Powell Tillman
Pratt Tucker
Prominski Tyre
Randell Walker
Redman Wells
Reed Whitson
Reedy Williams
Reeves Wolfson
Register Yancey
Robinson Yarborough
Rowell

Culbreath, and

Excused: Representatives Briggs, Caldwell,
McKinley.
A quorum was present.

Prayer
Prayer by the Honorable Henry W. Land:
Almighty God, we beseech Thee to bless our beloved
country and keep the hearts of our people ever turned to
Thee. Bless the President of the United States and all
others in authority. Give them wisdom and strength to
know and to do Thy will. Grant that any deliberations we
make, any actions we take as individuals, may be accept-
able in Thy sight. Amen.

The Journal
The Journal of July 2 was ordered corrected and approved
as follows: On page 77, column 2, line 38 from bottom, strike
the second "or" and insert "of". On page 82, column 1, line 25
from top, strike the comma and balance of the sentence and
insert a period and the following: Representative Gallen of-
fered the following amendment: In title, line 10, following
"and providing for" strike "a referendum." and insert "an
effective date." Mr. Gallen moved the adoption of the amend-
ment which was adopted. On motion by Mr. Gallen, the rules
were waived and HB 30-2X was read the third time in full and
passed, as amended. On page 85, in the first Engrossing Re-
port in column 2, insert "HB 30-2X".

Record Vote
Representative Chappell was recorded as voting Yea on the
passage of SB 9-2X, which passed the House on July 1.

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Beck
Bevis
Bird
Blalock
Brantley
Brower
Campbell
Chappell
Clark
Conway
Crabtree
Craig
Crider
D'AlembeLte
Danahy
Davis
De Young
Dubbin
Ducker
Eddy
Elmore
Featherstone

Co-introducer
Representative Smith was given permission to be recorded
as a co-introducer of an amendment offered by Mr. Pratt on
June 25, 1968, to Section 4, Article IX to HJR 1-2X, relating
to school districts and a referendum.

INTRODUCTION AND REFERENCE
By Representatives Smith, Clark, and Elmore-
HB 77-2X-A bill to be entitled An act relating to educational
agencies; amending Chapter 229, Florida Statutes, by adding
thereto Section 229.064; providing a maximum interest rate
allowable on bonds issued pursuant to section 18, article XII
of the State Constitution of 1885 as amended; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.
On motion by Mr. Sweeny, agreed to by two-thirds vote, HB
77-2X was withdrawn from the Committee on Finance & Taxa-
tion and placed in the Committee on Rules & Calendar.

By Representatives Rust, De Young, Humphrey, James, Poor-
baugh, and Reed-
HB 78-2X-A bill to be entitled An act relating to life in-
surance for auxiliary law enforcement men in any county of the
state having a population of not less than two hundred thousand
(200,000) and not more than two hundred sixty thousand (260,-
000), according to the latest official decennial census; requiring
the payment of ten thousand dollars by an employer to the
survivors of certain such men, employed by a public body and
killed in the line of duty; providing definitions; providing
conditions; providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representatives Graham (By request), Featherstone, and
Hartnett-
HB 79-2X-A bill to be entitled An act amending Section
212.08, Florida Statutes; adding 212.08 (8)(f) exempting all
charges made by the Boy Scouts of America, Girl Scouts of
America, Young Mens Christian Association, Young Womens
Christian Association, Young Mens Hebrew Association, and
Young Womens Hebrew Association, from taxes imposed by
Chapter 212; providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representative Mixson-
HCR 80-2X-A concurrent resolution recognizing the heroic
deed of Virgil Fortune and extending sympathy to the Fortune
family over the tragic loss of their child Francis Lee.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representative Smith-
HB 81-2X-A bill to be entitled An act relating to Taylor
County, Superintendent of Public Instruction; fixing an annual

86

JOURNAL OF THE HOU!

salary; repealing chapter 67-657, Laws of Florida; providing
for a referendum election.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Nichols-
HB 82-2X-A bill to be entitled An act amending section
11.01 of article 11 of chapter 67-1320, laws of Florida, being
the consolidated government charter of the City of Jackson-
ville, relating to the duties and compensation of the Tax Col-
lector; providing an effective date.
Evidence of notice and publication was established by the
House as to HB 82-2X.
-was placed temporarily in the Committee on Rules and Cal-
endar.

By Representative Nichols-
HB 83-2X-A bill to be entitled An act amending article 23
of chapter 67-1320, laws of Florida, being the consolidated gov-
ernment charter of the City of Jacksonville, by adding to said
article sections 23.02.1, 23.02.2 and 23.02.3 relating to vacancies
in the office of sheriff, supervisor of elections, tax assessor or
tax collector, and the method of filling same; providing for
interim officials to perform the duties and exercise the powers
of any office during the period between a vacancy therein which
occurs more than two years prior to the next general consoli-
dated government election and a required special election at
which the vacancy in office is filled; providing for acting offi-
cials to serve during periods of suspension of elected officials;
providing an effective date.
Evidence of notice and publication was established by the
House as to HB 83-2X.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Arnold-
HJR 84-2X-A joint resolution proposing an amendment to
section 1 of Article III of the state Constitution providing for
a unicameral legislature.
-was read the first time in full and referred to the Com-
mittee on Constitutional Revision.

By Representatives Humphrey, De Young, James, Poorbaugh,
Reed and Rust-
HB 85-2X-A bill to be entitled An act to amend chapter
24398, Laws of Florida Special Acts of 1947, relating to the
City of Boynton Beach, Palm Beach county, Florida, by pro-
viding for six (6%) per cent per annum on bonds; providing
for a referendum.
-was read the first time by title and referred to the Com-
mittee on Rules & Calendar.

By Representatives Bird, Caldwell, Eddy, Gustafson, King,
J. M. Martinez, and Rude-
HB 86-2X-A bill to be entitled An act relating to the county
solicitor and his assistants in any county of the state having a
population of not less than three hundred thousand (300,000)
and not more than three hundred fifty thousand (350,000), ac-
cording to the latest official decennial census; authorizing said
solicitors to represent the state in juvenile court; providing an
effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Wells-
HB 87-2X-A bill to be entitled An act relating to staff mem-
bers or employees of state historical commissions teaching
courses and holding part-time positions at state universities;
permitting compensation from more than one appropriation;
providing an effective date.

-was placed temporarily in the Committee on Rules & Cal-
endar.

July 3, 1968

By Representatives Bassett, Ducker, Gibson, Gorman, Lind-
sey, and Shadley-
HB 94-2X-A bill to be entitled An act relating to the hous-

SE OF REPRESENTATIVES 87

By Representatives Spicola, Culbreath, Danahy, Hodes, E. L.
Martinez, Redman, Register, Ryals, Sessums, and Stevens-
HB 88-2X-A bill to be entitled An act relating to the bound-
aries of Pinellas County; repealing chapter 67-601, Laws of
Florida to return the boundaries to those described in Section
7.52, F.S., 1965; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Graham and Middlemas-
HB 89-2X-A bill to be entitled An act relating to State edu-
cational agencies; amending section 229.062, Florida Statutes,
providing a maximum interest rate allowable on bonds issued
pursuant to section 19, article XII of the State constitution of
1885 as amended; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representatives Tillman, Bevis, Culbreath, and James-
HB 90-2X-A bill to be entitled An act relating to firearms;
amending section 790.07, Florida Statutes, to delete firearms;
amending chapter 790, Florida Statutes, by adding section 790.075
to provide mandatory imprisonment for possession of firearms
during commission or attempted commission of a felony.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representative Tillman-
HB 91-2X-A bill to be entitled An act relating to Sarasota
County, south trail area fire control district; amending section
7 and adding section 18 of chapter 65-2241, laws of Florida,
as amended by chapter 67-2046, laws of Florida; providing that
the board of fire commissioners shall have the nower and
authority to borrow money and issue certificates of indebted-
ness and to pledge the taxing and assessment power of the
district for the repayment of said indebtedness; providing that
the board of fire commissioners shall have thethe authority to
acquire property by gift, purchase or eminent domain proceed-
ings; providing that the district may join with other govern-
mental agencies in accomplishing its objectives and purposes
and enter into contracts and grant agreements with the United
States or any of its agencies; providing for a referendum
election.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representatives Rust, Bassett, Beck, Bird, Brantley, Cald-
well, Campbell, Conway, Craig, Culbreath, Davis, De Young,
Ducker, Eddy, Fleece, J. Fortune, Gibson, Gissendanner, Gor-
man, Grizzle, Gustafson, Hector, Hodes, Humphrey, Inman,
James, Kennelly, King, Land. Lewis, Lindsey, E. L. Martinez,
J. M. Martinez, McDonald, McNulty, Murphy, Nergard, Osborne,
Papy, Pfeiffer, Poorbaugh, Powell, Pratt, Randell, Reed, Reedy,
Robinson, Rude, Shadley, Shaw, Stafford, Stevens, Tyre, Walker,
Whitson, Williams, and Yarborough-
HM 92-2X-A memorial requesting congressional support of
House Joint Resolution 1328 relating to the allocation of sugar
production quotas.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Walker, Gallen, Pratt, Randell, and Till-
man-
HB 93-2X-A bill to be entitled An act relating to circuit
courts; providing for appointment by governor of a census
commission pursuant to section 26.011. Florida Statutes, to
determine population of the twelfth judicial circuit; providing
an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

88 JOURNAL OF THE HOU

ing authorities law; amending chapter 421, Florida Statutes, by
adding section 421.54, placing limitations upon housing authori-
ties created within Orange County.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Chappell, Andrews, and Turlington-
HB 95-2X-A bill to be entitled An act to amend Section 4,
Chapter 6050, Laws of Florida, Acts of 1909, being "An act to
legalize the Town Government of Dunnellon, Florida, to fix the
corporate limits and provide a common seal therefore and to
grant a charter to said municipality" by changing the name of
said town to the City of Rainbow Springs; providing for a
referendum election; and providing for an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representatives Rust, Beck, Crider, De Young, Fleece,
Gissendanner, Grizzle, Lewis, E. L. Martinez, Murphy, Osborne,
Papy, Poorbaugh, Sackett, Savage, Singleton, Tillman, and
Wolfson-
HB 96-2X-A bill to be entitled An act relating to the state
beverage department, game and fresh water fish commission and
the state board of conservation; appropriating funds to the
same to be used to increase the salaries of all law enforcement
personnel employed thereby; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Blalock-
HB 97-2X-A bill to be entitled An act to authorize temporary
questioning of persons in public places by police officers; pro-
viding for a weapons search; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Blalock-
HCR 98-2X-A concurrent resolution commemorating the
death of NATHAN L. MALLISON and paying tribute to his
memory.
-was placed temporarily in the Committee on Rules & Cal-
endar.

By Representative Savage-
HB 99-2X-A bill to be entitled An act relating to educa-
tion; amending Chapter 68-18, Laws of Florida; increasing the
level of support from one thousand dollars ($1,000.00) to
twelve hundred dollars ($1,200.00) per instruction unit; pro-
viding an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar.

IS

HB 100-2X WITHDRAWN

MESSAGES FROM THE SENATE
July 2, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed .to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the
required constitutional two-thirds vote and passed-

By Senator Sayler and others-
SB 32-2X-A bill to be entitled An act relating to issuance of
search warrants; amending section 933.18, Florida Statutes, to
include violation of drug abuse laws among conditions for issu-
ance of search warrant.

E OF REPRESENTATIVES July 3, 1968

By Senator Edwards-
SB 18-2X-A bill to be entitled An act relating to transfer of
surplus property between boards of county commissioners and
boards of public instruction; amending chapter 125, Florida Stat-
utes, by adding section 125.405 authorizing transfers to boards
of public instruction under certain conditions; adding subsection
(4) to section 235.04, Florida Statutes, authorizing such transfers
to boards of county commissioners under certain conditions.

By Senators Askew and Sayler-
SB 20-2X-A bill to be entitled An act relating to State educa-
tional agencies; amending section 229.062, Florida Statutes, pro-
viding a maximum interest rate allowable on bonds issued pursu-
ant to section 19, article XII of the State constitution of 1885 as
amended; providing an effective date.
and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
SB 32-2X, contained in the above message, was placed tem-
porarily in the Committee on Rules & Calendar.
SB 18-2X, contained in the above message, was placed tem-
porarily in the Committee on Rules & Calendar.
SB 20-2X, contained in the above message, was placed tem-
porarily in the Committee on Rules & Calendar.

The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

July 3, 1968

I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and passed as
amended-

By Senator Poston and others-
SB 31-2X-A bill to be entitled An act amending Section 16,
Chapter 68-27, Laws of Florida; [clarifying said section with
respect to sub-contracts, addendums, or renegotiations of master
contracts for the improvement of realty;] ; providing that the
tax refund shall also apply to sub-contracts entered into pur-
suant to a master contract dated prior to April 1, 1968, but
shall not apply to addendums or renegotiations occurring after
April 1, 1968, nor shall it apply to purchases which represent
a capital investment; providing an effective date.
and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
SB 31-2X, contained in the above message, was placed tem-
porarily in the Committee on Rules & Calendar.

The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

July 2, 1968

I am directed to inform the House of Representatives that
the Senate has passed-

By Senator Barron and others-
SB 38-2X-A bill to be entitled An act relating to the board
of administration; amending section 272.123(1), Florida Stat-
utes, relating to the issuance of revenue bonds by the state
board of administration on the request of the board of com-
missioners of state institutions concerning the capitol center
project; providing for an increase in the average net interest
cost to the board of said bonds from four and one-half percent
to six percent; providing an effective date.

By Senator Boyd-
SB 39-2X-A bill to be entitled An act relating to educa-
tional agencies; amending Chapter 229, Florida Statutes, by

JOURNAL OF THE HOUSE OF REPRESENTATIVES

adding thereto Section 229.064; providing a maximum interest
rate allowable on bonds issued pursuant to Section 18, article
XII of the State Constitution of 1885 as amended; providing
an effective date.
and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
SB 38-2X, contained in the above message, was read the first
time by title and referred to the Committee on Rules & Cal-
endar.
SB 39-2X, contained in the above message, was read the first
time by title and referred to the Committee on Rules & Cal-
endar.
July 2, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed with amendment-

By Representative Hartnett and others-
HB 64-2X-A bill to be entitled An act relating to Inter-
American Center Authority; amending section 554.08(1), Flor-
ida Statutes, to increase the maximum interest rate from six
percent (6%) to seven percent (7%) per annum for revenue
bonds issued by said authority; providing an effective date.
Which amendment reads as follows:
In title, after the word "authority", strike ; providing an
effective date." and insert the following: ; providing for the
sale of said bonds; providing an effective date.
and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
On motion by Mr. Hartnett, the House concurred in the
Senate amendment to HB 64-2X. The action was ordered certi-
fied to the Senate and the bill was ordered engrossed.
July 3, 1968
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has adopted the Conference Committee Report on
HJR 1-2X, and pursuant thereto the Senate has receded from
the Senate amendment to HJR 1-2X, has adopted the Confer-
ence Committee amendment attached to the original bill, and
has passed HJR 1-2X, as amended by the Conference Commit-
tee amendment by the required Constitutional three-fifths vote
of all members elected to the Senate.
and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate

CONFERENCE COMMITTEE REPORT ON HJR 1-2X
On motion by Mr. Dubbin, the House agreed to now take up
and consider HJR 1-2X with the following report of the Con-
ference Committee:
July 3, 1968
Honorable Verle A. Pope
President of the Senate
Honorable Ralph D. Turlington
Speaker, House of Representatives
Dear Sirs:
Your Conference Committee on the disagreeing votes of the

two houses on Senate amendment to House Joint Resolution
1-2X, same being:

89

A joint resolution proposing a revision of portions of the
Constitution of the State of Florida, excepting there-
from revision of Articles V, VI, and VIII.
having met, and after full and free conference, have agreed
to recommend and do recommend to their respective houses,
as follows:
That the Senate recede from the Senate amendment and
that the attached amendment to House Joint Resolution 1-2X
be adopted by both houses.
Respectfully submitted,

John E. Mathews, Chairman
Mallory E. Horne
Robert H. Elrod
George L. Hollahan, Jr.
W. T. Stockton, Jr.
Elmer 0. Friday, Jr.
Ray C. Knopke
Conferees on the part of the
Senate

Murray H. Dubbin, Chairman
James R. Eddy
E. C. Rowell
T. Terrell Sessums
Donald H. Reed, Jr.
Fred Schultz
Richard A. Pettigrew
Conferees on the part of the
House

(Conference Committee amendment attached to report, con-
stituted a rewrite of entire joint resolution.)
Mr. Dubbin moved that the House accept and adopt the
Conference Committee Report in its entirety.
The absence of a quorum was suggested. A quorum of 110
Members was present.
The Conference Committee Report was adopted by the re-
quired Constitutional three-fifths vote of all Members elected
to the House. The vote was:

Yeas-89

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Beck
Bevis
Bird
Brantley
Clark
Conway
Crabtree
Craig
Crider
D'Alemberte
Danahy
Davis
De Young
Dubbin
Ducker
Eddy
Elmore
Nays-21
Blalock
Brower
Campbell
Chappell
Gallen
Grizzle

Featherstone
Firestone
Fleece
Fortune, E. M.
Fortune, J.
Gautier
Gibson
Gillespie
Gissendanner
Gorman
Graham
Grange
Gustafson
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
James
King
Land
Lewis

Inman
Kennelly
Lindsey
Mattox
McDonald
McNulty

Martinez, E. L. Ryals
Martinez, J. M. Sackett
Matthews Savage
Middlemas Schultz
Miers Sessums
Murphy Shadley
Myers Shaw
Nergard Singleton
Pettigrew Smith
Pfeiffer Spicola
Poorbaugh Stafford
Powell Stevens
Prominski Sweeny
Randell Tucker
Redman Walker
Reed Wells
Reedy Whitson
Reeves Wolfson
Register Yancey
Robinson Yarborough
Rowell
Rude
Rust

Mixson
Nichols
Papy
Pratt
Scarborough
Stallings

Tillman
Tyre
Williams

The question recurred on the final passage of HJR 1-2X,
as amended by Conference Committee Report, which reads as
follows:
HJR 1-2X-A joint resolution proposing a revision of por-
tions of the Constitution of the State of Florida, excepting
therefrom revision of Articles V, VI, and VIII.
Be It Resolved by the Legislature of the State of Florida:
That the following proposed revision of portions of the
Constitution of the State of Florida, excepting therefrom
revision of Articles V, VI, and VIII is hereby agreed to and
shall be submitted to the electors of the state for ratification
or rejection at the next general election to be held in Novem-
ber 1968:

July 3, 1968

90

PREAMBLE
We, the people of the State of Florida, being grateful to
Almighty God for our constitutional liberty, in order to
secure its benefits, perfect our government, insure domestic
tranquility, maintain public order, and guarantee equal civil
and political rights to all, do ordain and establish this
constitution.
ARTICLE I
DECLARATION OF RIGHTS
Section 1. POLITICAL POIVER.-All political power is in-
herent in the people. The enunciation herein of certain rights
shall not be construed to deny or impair others retained by the
people.
Section 2. BASIC RIGHTS.-All natural persons are equal
before the law and have inalienable rights, among which are
the right to enjoy and defend life and liberty, to pursue happi-
ness, to be rewarded for industry, and to acquire, possess and
protect property; except that the ownership, inheritance, dispo-
sition and possession of real property by aliens ineligible for
citizenship may be regulated or prohibited by law. No person
shall be deprived of any right because of race or religion.
Section 3. RELIGIOUS FREEDOM.--There shall be no law
respecting the establishment of religion o01 prohibiting or penal-
izing the free exercise thereof. Religious freedom shall not
justify practices inconsistent with public morals, peace or
safety. No revenue of the state or any political subdivision or
agency thereof shall ever be taken from the public treasury
directly or indirectly in aid of any church, sect, or religious
denomination or in aid of any sectarian institution.
Section 4. FREEDOM OF SPEECH AND PRESS.-Every
person may speak, write and publish his sentiments on all sub-
jects but shall be responsible for the abuse of that right. No
law shall be passed to restrain or abridge the liberty of speech
or of the press. In all criminal prosecutions and civil actions
for defamation the truth may be given in evidence. If the matter
charged as defamatory is true and was published with good
motives, the party shall be acquitted or exonerated.
Section 5. RIGHT TO ASSEMBLE.-The people shall have
the right peaceably to assemble, to instruct their representa-
tives, and to petition for redress of grievances.
Section 6. RIGHT TO IWORK.-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.
The right of employees, by and through a labor organization, to
bargain collectively shall not he denied or abridged. Public
employees shall not have the right to strike.
Section 7. MILITARY POWER.--The military power shall
be subordinate to the civil,
Section 8. RIGHT TO BEAR ARMS.-The right of the
people to keep and bear arms in defense of themselves and of
the lawful authority of the state shall not be infringed, except
that the manner of bearing arms may be regulated by law.
Section 9. DUE PROCESS.---No person shall be deprived
of life, liberty or property without due process of law, or be
twice put in jeopardy for the same offense, or be compelled in
any criminal matter to be a witness against himself.
Section 10. PROHIBITED LAWS.--No bill of attainder, ex
post facto law or law impairing the obligation of contracts
shall be passed.
Section 11. IMPRISONMENT FOR DEBT.-No person shall
be imprisoned for debt, except in cases of fraud.
Section 12. SEARCHES AND SEIZURES.-The right of
the people to be secure in their persons, houses, papers and
effects against unreasonable searches and seizures, and against
the unre'asonable interception of private communications by any
means, shall not be violated. No warrant shall be issued except
upon probable cause, supported by affidavit, particularly de-
scribing the place or places to be searched, the person or
persons, thing or things to be seized, the communication to be
intercepted, and the nature of evidence to be obtained. Articles
or information obtained in violation of this right shall not be
admissible in evidence.

Section 13. HABEAS CORPUS.-The writ of habeas corpus
shall be grantable of right, freely and without cost. It shall be

July 3, 1968

returnable without delay, and shall never be suspended unless,
in case of rebellion or invasion, suspension is essential to the
public safety.
Section 14. BAIL.-Until adjudged guilty, every person
charged with a crime or violation of municipal or county ordi-
nance shall be entitled to release on reasonable bail with suffi-
cient surety unless charged with a capital offense or an offense
punishable by life imprisonment and the proof of guilt is evident
or the presumption is great.
Section 15. PROSECUTION FOR CRIME-OFFENSES
COMMITTED BY CHILDREN.-
(a) No person shall be tried for capital crime without pre-
sentment 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, except persons
on active duty in the militia when tried by courts martial.
(b) When authorized by law, a child as therein defined may
be charged with a violation of law as an act of delinquency
instead of crime and tried without a jury or other requirements
applicable to criminal cases. Any child so charged shall, upon
demand made as provided by law before a trial in a juvenile
proceeding, be tried in an appropriate court as an adult. A child
foundd delinquent shall be disciplined as provided by law.
Section 16. RIGHTS OF ACCUSED.-In all criminal prose-
cutions the accused shall, upon demand, be informed of the
nature and cause of the accusation against him, and shall be
furnished a copy of the charges, and shall have the right to
have compulsory process for witnesses, to confront at trial
adverse witnesses, to be heard in person, by counsel or both,
and to have a speedy and public trial by impartial jury in the
county where the crime was committed. If the 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 that area shall be sufficient; but before pleading
the accused may elect in which of those counties he will be tried.
Venue for prosecution of crimes committed beyond the bound-
aries of the state shall be fixed by law.
Section 17. EXCESSIVE PUNISHMENTS.-Excessive
fines, cruel or unusual punishment, attainder, forfeiture of es-
tate, indefinite imprisonment, and unreasonable detention of
witnesses are forbidden.
Section 18. ADMINISTRATIVE PENALTIES.-No admin-
istrative agency shall impose a sentence of imprisonment, nor
shall it impose any other penalty except as provided by law.
Section 19. COSTS.-No person charged with crime shall
be compelled to pay costs before a judgment of conviction has
become final.
Section 20. TREASON.-Treason against the state shall
consist only in levying war against it, adhering to its enemies,
or giving them aid and comfort, and no person shall be con-
victed of treason except on the testimony of two witnesses to
the same overt act or on confession in open court.
Section 21. 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 22. TRIAL BY JURY.-The right of trial by jury
shall be secure to all and remain inviolate. The qualifications
and the number of jurors, not fewer than six, shall be fixed
by law.
ARTICLE II
GENERAL PROVISIONS
Section 1. STATE BOUNDARIES.-
(a) The state boundaries are: Begin at the mouth of the
Perdido River, which for the purposes of this description is
defined as the point where latitude 30'16'53" north and longitude
8731'06" west intersect; thence to the point where latitude
3017'02W' north and longitude 87o31'06" 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 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 bound-
ary of the State of Alabama, being also the point of intersection
of the middle of the Perdido River with latitude 3100W00

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE

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 Chattahoochee 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; thence due east
to the edge of the Gulf Stream or a distance of three geographic
miles whichever is the greater distance; thence in a southerly
direction along the edge of the Gulf Stream or along a line
three geographic miles from the Atlantic coastline and three
leagues distant from the Gulf of Mexico coastline, whichever
is greater, to and through the Straits of Florida and westerly,
including the Florida reefs, to a point due south of and three
leagues from the southernmost point of the Marquesas Keys;
thence westerly along a straight line to a point due south of
and three leagues from Loggerhead Key, the westernmost of
the Dry Tortugas Islands; thence westerly, northerly and east-
erly along the arc of a curve three leagues distant from Logger-
head Key to a point due north of Loggerhead Key; thence
northeast along a straight line to a point three leagues from
the coastline of Florida; thence northerly and westerly three
leagues distant from the coastline to a point west of the mouth
of the Perdido River three leagues from the coastline as meas-
ured on a line bearing south 001'00" west from the point of
beginning; thence northerly along said line to the point of be-
ginning. The State of Florida shall also include any additional
territory within the United States adjacent to the Peninsula
of Florida lying south of the St. Marys River, east of the Per-
dido River, and south of the States of Alabama and Georgia.
(b) The coastal boundaries may be extended by statute to
the limits permitted by the laws of the United States or inter-
national law.
Section 2. SEAT OF GOVERNMENT.-The seat of gov-
ernment shall be the City of Tallahassee, in Leon County, where
the offices of the governor, lieutenant governor, cabinet mem-
bers and the supreme court shall be maintained and the sessions
of the legislature shall be held; provided that, in time of inva-
sion or grave emergency, the governor by proclamation may
for the period of the emergency transfer the seat of government
to another place.
Section 3. BRANCHES OF GOVERNMENT.-The powers
of the state government shall be divided into legislative, exec-
utive and judicial branches. No person belonging to one branch
shall exercise any powers appertaining to either of the other
branches unless expressly provided herein.
Section 4. STATE SEAL AND FLAG.-The design of the
great seal and flag of the state shall be prescribed by law.
Section 5. PUBLIC OFFICERS.-
(a) No person holding any office of emolument under any
foreign government, or civil office of emolument under the
United States or any other state, shall hold any office of honor
or of emolument under the government of this state. No person
shall hold at the same time more than one office under the
government of the state and the counties and municipalities
therein, except that a notary public or military officer may hold
another office, and any officer may be a member of a constitution
revision commission, constitutional convention, or statutory body
having only advisory powers.
(b) Each state and county officer, before entering upon the
duties of the office, shall give bond as required by law, and shall
swear or affirm:
"I do solemnly swear (or affirm) that I will support, pro-
tect, and defend the Constitution 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.",
and thereafter shall devote personal attention to the duties of
the office, and continue in office until his successor qualifies.
(c) The powers, duties, compensation and method of pay-
ment of state and county officers shall be fixed by law.
Section 6. ENEMY ATTACK.-In periods of emergency re-
sulting from enemy attack the legislature shall have power to
provide for prompt and temporary succession to the powers and

duties of all public offices the incumbents of which may become
unavailable to execute the functions of their offices, and to adopt
such other measures as may be necessary and appropriate to
insure the continuity of governmental operations during the

July 3, 1968

manner and under such penalties as it may prescribe. Each
house shall determine its rules of procedure.
(b) Sessions of each house shall be public; except sessions
of the senate when considering appointment to or removal from
public office may be closed.
(c) Each house shall keep and publish a journal of its pro-

E OF REPRESENTATIVES 91

emergency. In exercising these powers, the legislature may
depart from other requirements of this constitution, but only to
the extent necessary to meet the emergency.
Section 7. NATURAL RESOURCES AND SCENIC BEAU-
TY.-It shall be the policy of the state to conserve and protect
its natural resources and scenic beauty. Adequate provision shall
be made by law for the abatement of air and water pollution
and of excessive and unnecessary noise.
ARTICLE III
LEGISLATURE
Section 1. COMPOSITION.-The legislative power of the
state shall be vested in a legislature of the State of Florida,
consisting of a senate composed of one senator elected from
each senatorial district and a house of representatives composed
of one member elected from each representative district.
Section 2. MEMBERS-OFFICERS.-Each house shall be
the sole judge of the qualifications, elections, and returns of its
members, and shall biennially 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 representatives shall designate a Clerk to serve at
its pleasure. The legislature shall appoint an auditor to serve
at its pleasure who shall audit public records and perform
related duties as prescribed by law or concurrent resolution.
Section 3. SESSIONS OF THE LEGISLATURE.-
(a) ORGANIZATION SESSIONS. On the fourteenth day
following each general election the legislature shall convene for
the exclusive purpose of organization and selection of officers.
(b) REGULAR SESSIONS. A regular session of the legis-
lature shall convene on the first Tuesday after the first Monday
in April of each odd-numbered year, and on the first Tuesday
after the first Monday in April, or such other date as may be
fixed by law, of each even-numbered year.
(c) SPECIAL SESSIONS.
(1) The governor, by proclamation stating the purpose,
may convene the legislature in special session during which
only such legislative business may be transacted as is within
the purview of the proclamation, or of a communication from
the governor, or is introduced by consent of two-thirds of the
membership of each house.
(2) A special session of the legislature may be convened
as provided by law.
(d) LENGTH OF SESSIONS. A regular session of the
legislature shall not exceed sixty consecutive days, and a special
session shall not exceed twenty consecutive days, unless ex-
tended beyond such limit by a three-fifths vote of each house.
During such an extension no new business may be taken up in
either house without the consent of two-thirds of its member-
ship.
(e) ADJOURNMENT. Neither house shall adjourn for more
than seventy-two consecutive hours except pursuant to con-
current resolution.
(f) ADJOURNMENT BY GOVERNOR. If, during any reg-
ular or special session, 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 that, at least twenty-four hours before ad-
journing the session, he shall, while neither house is in recess,
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 4. QUORUM AND PROCEDURE.-
(a) A majority of the membership of each house shall con-
stitute a quorum, but a smaller number may adjourn from day
to day and compel the presence of absent members in such

92 JOURNAL OF THE HOL

ceedings; and upon the request of five members present, the
vote of each member voting on any question shall be entered
on the journal.
(d) Each house may punish a member for contempt or dis-
orderly conduct and, by a two-thirds vote of its membership,
may expel a member.
Section 5. INVESTIGATIONS-WITNESSES.-Each house,
when in session, may compel attendance of witnesses and
production of documents and other evidence upon any matter
under investigation before it or any of its committees, and may
punish by fine not exceeding one thousand dollars or imprison-
ment not exceeding ninety days, or both, any person not a mem-
ber 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. Such powers, except the power to pun-
ish, may be conferred by law upon committees when the legis-
lature is not in session. Punishment of contempt of an interim
legislative committee shall be by judicial proceedings as pre-
scribed by law.
Section 6. LAWS.-Every law shall embrace but one sub-
ject and matter properly connected therewith, and the 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 or amended act, section,
subsection or paragraph of a subsection. The enacting clause of
every law shall read: "Be It Enacted by the Legislature of the
State of Florida:"
Section 7. PASSAGE OF BILLS.-Any bill may originate
in either house and after passage in one may be amended in the
other. It shall be read in each house on three separate days,
unless this rule is waived by two-thirds vote. On each reading,
it shall be read by title only, unless one-third of the members
present desire it read in full. On final passage, the vote of each
member voting shall be entered on the journal. Passage of a
bill shall require a majority vote in each house. Each bill and
joint resolution passed in both houses shall be signed by the
presiding officers of the respective houses and by the secretary
of the senate and the clerk of the house of representatives
during the session or as soon as practicable after its adjourn-
ment sine die.
Section 8. EXECUTIVE APPROVAL AND VETO.-
(a) 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 veto it within seven consecu-
tive days after presentation. If during that period or on the
seventh day the legislature adjourns sine die or takes a recess
of more than thirty days, he shall have fifteen consecutive days
from the date of presentation to act on the bill. In all cases
except general appropriation bills, the veto shall extend to the
entire bill. The governor may veto any specific appropriation
in a general appropriation bill, but may not veto any qualifica-
tion or restriction without also vetoing the appropriation to
which it relates.
(b) When a bill or any specific appropriation 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 in session. 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 regular or special session, and
they shall be entered on its journal.
(c) If each house shall, by a two-thirds vote, re-enact the
bill or reinstate the vetoed specific appropriation of a general
appropriation bill, the vote of each member voting shall be
entered on the respective journals, and the bill shall become
law or the specific appropriation reinstated, the veto notwith-
standing.
Section 9. EFFECTIVE DATE OF LAWS.-Each law
shall take effect on the sixtieth day after adjournment sine die
of the session of the legislature in which enacted or as other-
wise provided therein. If the law is passed over the veto of the
governor it shall take effect on the sixtieth day after adjourn-
ment sine die of the session in which the veto is overridden, on
a later date fixed in the law, or on a date fixed by resolution

passed by both houses of the legislature.
Section 10. SPECIAL LAWS.-No special law shall be
passed unless notice of intention to seek enactment thereof has
been published in the manner provided by general law. Such
notice shall not be necessary when the law, except the provi-

IS

Section 14. CIVIL SERVICE SYSTEM.-By law there
shall be created a civil service system for state employees,
except those expressly exempted, and there may be created
civil service systems and boards for county, district or munici-
pal employees and for such offices thereof as are not elected or
appointed by the governor, and there may be authorized such
boards as are necessary to prescribe the qualifications, method
of selection and tenure of such employees and officers.

;E OF REPRESENTATIVES July 3, 1968

sion for referendum, is conditioned to become effective only
upon approval by vote of the electors of the area affected.

Section 11. PROHIBITED SPECIAL LAWS.-
(a) There shall be no special law or general law of local
application pertaining to:
(1) election, jurisdiction or duties of officers, except offi-
cers of municipalities, chartered counties, special districts or
local governmental agencies;
(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) rules of evidence in any court;
(4) punishment for crime;
(5) 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
based on private contracts, or fixing of interest rates on private
contracts;
(10) disposal of public property, including any interest
therein, for private purposes;
(11) vacation of roads;
(12) private incorporation or grant of privilege to a pri-
vate corporation;
(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) hunting or fresh water fishing;
(20) regulation of occupations which are regulated by a
state agency; or
(21) any subject when prohibited by general law passed
by a three-fifths vote of the membership of each house. Such
law may be amended or repealed by like vote.
(b) In the enactment of general laws on other subjects,
political subdivisions or other governmental entities may be
classified only on a basis reasonably related to the subject of
the law.
Section 12. APPROPRIATION BILLS.-Laws making ap-
propriations for salaries of public officers and other current
expenses of the state shall contain provisions on no *other
subject.
Section 13. TERM OF OFFICE.-No office shall be created
the term of which shall exceed four years except as provided
herein.

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Section 15. TERMS AND QUALIFICATIONS OF LEGIS-
LATORS.-
(a) SENATORS. Senators shall be elected for terms of
four years, those from odd-numbered districts in the years the
numbers of which are multiples of four, and those from even-
numbered districts in even-numbered years the numbers of which
are not multiples of four; except, at the election next following
a reapportionment, some senators shall be elected for terms of
two years when necessary to maintain staggered terms.
(b) REPRESENTATIVES. Members of the house of repre-
sentatives shall be elected for terms of two years in each even-
numbered year.
(c) QUALIFICATIONS. Each legislator shall be at least
twenty-one years of age, an elector and resident of the district
from which elected and shall have resided in the state for a
period of two years prior to election.
(d) ASSUMING OFFICE-VACANCIES. Members of the
legislature shall take office upon election. Vacancies in legisla-
tive office shall be filled only by election as provided by law.
Section 16. LEGISLATIVE APPORTIONMENT.-
(a) SENATORIAL AND REPRESENTATIVE DISTRICTS.
The legislature at its regular session in the second year follow-
ing each decennial census, by joint resolution, shall apportion
the state in accordance with the constitution of the state and of
the United States into not less t hirty nor more than forty
consecutively numbered senatorial districts of either contiguous,
overlapping or identical territory, and into not less than eighty
nor more than one hundred twenty consecutively numbered rep-
resentative districts of either contiguous, overlapping or identi-
cal territory. Should that session adjourn without adopting such
joint resolution, the governor by proclamation shall reconvene
the legislature within thirty days in special apportionment
session which shall not exceed thirty consecutive days, during
which no other business shall be transacted, and it shall be the
mandatory duty of the legislature to adopt a joint resolution of
apportionment.
(b) FAILURE OF LEGISLATURE TO APPORTION-
JUDICIAL REAPPORTIONMENT. In the event a special ap-
portionment session of the legislature finally adjourns without
adopting a joint resolution of apportionment, the attorney gen-
eral shall, within five days, petition the supreme court of the
state to make such apportionment. No later than the sixtieth
day after the filing of such petition, the supreme court shall
file with the secretary of state an order making such apportion-
ment.
(c) JUDICIAL REVIEW OF APPORTIONMENT. Within
fifteen days after the passage of the joint resolution of appor-
tionment, the attorney general shall petition the supreme court
of the state for a declaratory judgment determining the validity
of the apportionment. The supreme court, in accordance with its
rules, shall permit adversary interests to present their views
and, within thirty days from the filing of the petition, shall
enter its judgment.
(d) EFFECT OF JUDGMENT IN APPORTIONMENT-
EXTRAORDINARY APPORTIONMENT SESSION. A judg-
ment of the supreme court of the state determining the appor-
tionment to be valid shall be binding upon all the citizens of
the state. Should the supreme court determine that the appor-
tionment made by the legislature is invalid, the governor by
proclamation shall reconvene the legislature within five days
thereafter in extraordinary apportionment session which shall
not exceed fifteen days, during which the legislature shall adopt
a joint resolution of apportionment conforming to the judgment
of the supreme court.
(e) EXTRAORDINARY APPORTIONMENT SESSION-
REVIEW OF APPORTIONMENT. Within fifteen days after
the adjournment of an extraordinary apportionment session,
the attorney general shall file a petition in the supreme court
of the state setting forth the apportionment resolution adopted
by the legislature, or if none has been adopted reporting that
fact to the court. Consideration of the validity of a joint reso-
lution of apportionment shall be had as provided for in cases
of such joint resolution adopted at a regular or special appor-
tionment session.

(f) JUDICIAL REAPPORTIONMENT. Should an ex-
traordinary apportionment session fail to adopt a resolution of
apportionment or should the supreme court determine that the
apportionment made is invalid, the court shall, not later than

July 3, 1968

(f) When not otherwise provided for in this constitution,
the governor shall fill by appointment any vacancy in state or
county office for the remainder of the term of an appointive
office, and for the remainder of the term of an elective office
if less than twenty-eight months, otherwise until the first

ME OF REPRESENTATIVES 93

sixty days after receiving the petition of the attorney general,
file with the secretary of state an order making such appor-
tionment.
Section 17. IMPEACHMENT.-
(a) The governor, lieutenant governor, members of the
cabinet, justices of the supreme court, judges of district courts
of appeal and judges of circuit courts shall be liable to im-
peachment for misdemeanor in office. The house of representa-
tives by two-thirds vote shall have the power to impeach an
officer. The speaker of the house of representatives shall have
power at any time to appoint a committee to investigate
charges against any officer subject to impeachment.
(b) An officer impeached by the house of representatives
shall be disqualified from performing any official duties until
acquitted by the senate, and unless the governor is impeached
he may by appointment fill the office until completion of the
trial.
(c) All impeachments by the house of representatives shall
be tried by the senate. The chief justice of the supreme court,
or another justice designated by him, shall preside at the trial,
except in a trial of the chief justice, in which case the governor
shall preside. The senate shall determine the time for the trial
of any impeachment and may sit for the trial whether the house
of representatives be in session or not. The time fixed for trial
shall not be more than six months after the impeachment.
During an impeachment trial senators shall be upon their oath
or affirmation. No officer shall be convicted without the concur-
rence of two-thirds of the members of the senate present. Judg-
ment of conviction in cases of impeachment shall remove the
offender from office and, in the and, in the discretion of the senate, may
include disqualification to hold any office of honor, trust or profit.
Conviction or acquittal shall not affect the civil or criminal
responsibility of the officer.
Section 18. CONFLICT OF INTEREST.-A code of ethics
for all state employees and non-judicial officers prohibiting
conflict between public duty and private interests shall be
prescribed by law.

ARTICLE IV
EXECUTIVE
Section 1. GOVERNOR.-
(a) The supreme executive power shall be vested in a gov-
ernor. He shall be commander-in-chief of all military forces of
the state not in active service of the United States. He shall
take care that the laws be faithfully executed, commission all
officers of the state and counties, and transact all necessary
business with the officers of government. He may require infor-
mation in writing from all executive or administrative state,
county or municipal officers upon any subject relating to the
duties of their respective offices.
(b) The governor may initiate judicial proceedings in the
name of the state against any executive or administrative state,
county or municipal officer to enforce compliance with any duty
or restrain any unauthorized act.
(c) The governor may request in writing the opinion of the
justices of the supreme court as to the interpretation of any
portion of this constitution 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 presented and shall render their written opinion not
earlier than ten days from the filing and docketing of the
request, unless in their judgment the delay would cause public
injury.
(d) The governor shall have power to call out the militia to
preserve the public peace, execute the laws of the state, suppress
insurrection, or repel invasion.
(e) The governor shall by message at least once in each
regular session inform the legislature concerning the condition
of the state, propose such reorganization of the executive de-
partment as will promote efficiency and economy, and recom-
mend measures in the public interest.

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Tuesday after the first Monday following the next general
election.
Section 2. LIEUTENANT GOVERNOR.-
There shall be a lieutenant governor. He shall perform such
duties pertaining to the office of governor as shall be assigned
to him by the governor, except when otherwise provided by
law, and such other duties as may be prescribed by law.
Section 3. SUCCESSION TO OFFICE OF GOVERNOR--
ACTING GOVERNOR.-
(a) Upon vacancy in the office of governor, the lieutenant
governor shall become governor. Further succession to the office
of governor shall be prescribed by law. A successor shall serve
for the remainder of the term.
(b) Upon impeachment of the governor and until comple-
tion of trial thereof, or during his physical or mental incapac-
ity, the lieutenant governor shall act as governor. Further
succession as acting governor shall be prescribed by law. In-
capacity to serve as governor may be determined by the
supreme court upon due notice after docketing of a written
suggestion thereof by four cabinet members, and in such case
restoration of capacity shall be similarly determined after dock-
eting of written suggestion thereof by the governor, the legis-
lature or four cabinet members. Incapacity to serve as governor
may also be established by certificate filed with the secretary of
state by the governor declaring his incapacity for physical
reasons to serve as governor, and in such case restoration of
capacity shall be similarly established.

Section 4. CABINET.-
(a) There shall be a cabinet composed of a secretary of
state, an attorney general, a comptroller, a treasurer, a com-
missioner of agriculture and a commissioner of education. In
addition to the powers and duties specified herein, they shall
exercise such powers and perform such duties as may be pre-
scribed by law.
(b) The secretary of state shall keep the records of the
official acts of the legislative and executive departments.
(c) The attorney general shall be the chief state legal
officer.
(d) The comptroller shall serve as the chief fiscal officer
of the state, and shall settle and approve accounts against
the state.
(e) The treasurer shall keep all state funds and securities.
He shall disburse state funds only upon the order of the comp-
troller, countersigned by the governor. The governor shall
countersign as a ministerial duty subject to original mandamus.
(f) The commissioner of agriculture shall have supervision
of matters pertaining to agriculture except as otherwise pro-
vided by law.
(g) The commissioner of education shall supervise the public
education system in the manner prescribed by law.
Section 5. ELECTION OF GOVERNOR, LIEUTENANT
GOVERNOR AND CABINET MEMBERS-QUALIFICA-
TIONS-TERMS.-
(a) At a state-wide general election in each calendar year
electors shall choose a governor and a lieutenant governor and
members of the cabinet each for a term of four years beginning
on the first Tuesday after the first Monday in January of the
succeeding year. In the general election and in party primaries,
if held, all candidates for the offices of governor and lieutenant
governor shall form joint candidacies in a manner prescribed by
law so that each voter shall cast a single vote for a candidate
for governor and a candidate for lieutenant governor running
together.
(b) When elected, the governor, lieutenant governor and
each cabinet member must be an elector not less than thirty
years of age who has resided in the state for the preceding
seven years. The attorney general must have been a member of
the bar of Florida for the preceding five years. No person who
has, or but for resignation would have, served as governor or

acting governor for more than six years in two consecutive
terms shall be elected governor for the succeeding term.
Section 6. EXECUTIVE DEPARTMENTS.-All functions

;E OF REPRESENTATIVES July 3, 1968

of the executive branch of state government shall be allotted
among not more than twenty-five departments, exclusive of
those specifically provided for or authorized in this constitution.
The administration of each department, unless otherwise pro-
vided in this constitution, shall be placed by law under the
direct supervision of the governor, the lieutenant governor,
the governor and cabinet, a cabinet member, or an officer or
board appointed by and serving at the pleasure of the governor,
except:
(a) When provided by law, confirmation by the senate or
the approval of three members of the cabinet shall be required
for appointment to or removal from any designated statutory
office.
(b) Boards authorized to grant and revoke licenses to en-
gage in regulated occupations shall be assigned to appropriate
departments and their members appointed for fixed terms,
subject to removal only for cause.
Section 7. SUSPENSIONS-FILLING OFFICE DURING
SUSPENSIONS.-
(a) By executive order stating the grounds 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 perform his
official duties, or commission of a felony, and may fill the office
by appointment for the period of suspension. The suspended
officer may at any time before removal be reinstated by the
governor.
(b) The senate may, in proceedings prescribed by law,
remove from office or reinstate the suspended official and for
such purpose the senate may be convened in special session by
its president or by a majority of its membership.
(c) By order of the governor any elected municipal officer
indicted for crime may be suspended from office until acquitted
and the office filled by appointment for the period of suspension,
not to extend beyond the term, unless these powers are vested
elsewhere by law or the municipal charter.
Section 8. CLEMENCY.-
(a) Except in cases of treason and in cases where impeach-
ment results in conviction, the governor may, by executive
order filed with the secretary of state, suspend collection of
fines and forfeitures, grant reprieves not exceeding sixty days
and, with the approval of three members of the cabinet, grant
full or conditional pardons, restore civil rights, commute
punishment, and remit fines and forfeitures for offenses.
(b) In cases of treason the governor may grant reprieves
until adjournment of the regular session of the legislature
convening next after the conviction, at which session the legis-
lature may grant a pardon or further reprieve; otherwise the
sentence shall be executed.
(c) There may be created by law a parole and probation
commission with power to supervise persons on probation and
to grant paroles or conditional releases to persons under sen-
tences for crime. The qualifications, method of selection and
terms, not to exceed six years, of members of the commission
shall be prescribed by law.
Section 9. GAME AND FRESH WATER FISH COMMIS-
SION.-There shall be a game and fresh water fish com-
mission, composed of five members appointed by the governor
for staggered terms of five years. The commission shall exer-
cise the non-judicial powers of the state with respect to wild
animal life and fresh water aquatic life, except that all license
fees for taking wild animal life and fresh water aquatic life
and penalties for violating regulations of the commission shall
be prescribed by specific statute.

ARTICLE VII
FINANCE AND TAXATION
Section 1. TAXATION-APPROPRIATIONS-STATE EX-

PENSES.-
(a) No tax shall be levied except in pursuance of law. No
state ad valorem taxes shall be levied upon real estate or tangi-
ble personal property. All other forms of taxation shall be pre-
empted to the state except as provided by general law.

JOURNAL OF THE HOUSE

(b) Motor vehicles, boats, airplanes, trailers, trailer coaches
and mobile homes, as defined by law, shall be subject to a license
tax for their operation in the amounts and for the purposes
prescribed by law, but shall not be subject to ad valorem taxes.
(c) No money shall be drawn from the treasury except in
pursuance of appropriation made by law.
(d) Provision shall be made by law for raising sufficient
revenue to defray the expenses of the state for each fiscal period.
Section 2. TAXES-RATE.--All ad valorem taxation shall
be at a uniform rate within each taxing unit, except the taxes
on intangible personal property may be at different rates but
shall never exceed two mills on the dollar of assessed value;
provided, as to any obligations secured by mortgage, deed of
trust, or other lien on real estate wherever located, an intangi-
ble tax of not more than two mills on the dollar may be levied
by law to be in lieu of all other intangible assessments on such
obligations.
Section 3. TAXES-EXEMPTIONS.-
(a) All property owned by a municipality and used exclu-
sively by it for municipal or public purposes shall be exempt
from taxation. A municipality, owning property outside the
municipality, may be required by general law to make payment
to the taxing unit in which the property is located. Such por-
tions of property as are used predominantly for educational,
literary, scientific, religious or charitable purposes may be
exempted by general law from taxation.
(b) There shall be exempt from taxation, cumulatively, to
every head of a family residing in this state, household goods
and personal effects to the value fixed by general law, not less
than one thousand dollars, and to every widow or person who is
blind or totally and permanently disabled, property to the value
fixed by general law not less than five hundred dollars.
Section 4. TAXATION-ASSESSMENTS.-By general law
regulations shall be prescribed which shall secure a just valu-
ation of all property for ad valorem taxation, provided:
(a) Agricultural land or land used exclusively for non-
commercial recreational purposes may be classified by general
law and assessed solely on the basis of character or use.
(b) Pursuant to general law tangible personal property
held for sale as stock in trade and livestock may be valued for
taxation at a specified percentage of its value.
Section 5. ESTATE, INHERITANCE AND INCOME
TAXES.-No tax upon estates or inheritances or upon the
income of residents or citizens of the state shall be levied by
the state, or under its authority, in excess of the aggregate of
amounts which may be allowed to be credited upon or deducted
from any similar tax levied by the United States or any state.
Section 6. HOMESTEAD EXEMPTIONS.-
(a) Every person who has the legal or equitable title to
real estate and maintains thereon the permanent residence of
the owner, or another legally or naturally dependent upon the
owner, shall be exempt from taxation thereon, except assess-
ments for special benefits, up to the assessed valuation of five
thousand dollars, upon establishment of right thereto in the
manner prescribed by law. The real estate may be held by
legal or equitable title, by the entireties, jointly, in common,
as a condominium, or indirectly by stock ownership or mem-
bership representing the owner's or member's proprietary in-
terest in a corporation owning a fee or a leasehold initially in
excess of ninety-eight years.
(b) Not more than one exemption shall be allowed any
individual or family unit or with respect to any residential
unit. No exemption shall exceed the value of the real estate
assessable to the owner or, in case of ownership through stock
or. rimbership in a corporation, the value of the proportion
"which hii "i-terest in the corporation bears to the assessed
value of the property.
(c) By general law and subject to conditions specified
therein, the exemption may be increased up to an amount not
exceeding ten thousand dollars of the assessed value of the real
estate if the owner h1t, attained age sixty-five or is totally
and permanently disabled.-

Section 7. ALLOCATION'OF PARI-MUTUEL TAXES.
Taxes upon the operation of pari.iutuel pools may be preempted
to the state or allocated in whole or in part to the counties.

July 3, 1968

or any form of tax anticipation certificates, payable from ad
valorem taxation and maturing more than twelve months after
issuance only:
(a) to finance or refinance capital projects authorized by
law and only when approved by vote of the electors who are
owners of freeholds therein not wholly exempt from taxation; or

E OF REPRESENTATIVES 95

When allocated to the counties, the distribution shall be in equal
amounts to the several counties.
Section 8. AID TO LOCAL GOVERNMENTS.-State
funds may be appropriated to the several counties, school dis-
tricts, municipalities or special districts upon such conditions
as may be provided by general law.
Section 9. LOCAL TAXES.-
(a) Counties, school districts, and municipalities shall, and
special districts may, be authorized by law to levy ad valorem
taxes and may be authorized by general law to levy other taxes,
for their respective purposes, except ad valorem taxes on intan-
gible personal property and taxes prohibited by this constitution.
(b) Ad valorem taxes, exclusive of taxes levied for the
payment of bonds and taxes levied for periods not longer than
two years when authorized by vote of the electors who are the
owners of freeholds therein not wholly exempt from taxation,
shall not be levied in excess of the following millages upon the
assessed value of real estate and tangible personal property:
for all county purposes, ten mills; for all municipal purposes,
ten mills; for all school purposes, ten mills; and for special
districts a millage authorized by law approved by vote of the
electors who are owners of freeholds therein not wholly exempt
from taxation. A county furnishing municipal services may, to
the extent authorized by law, levy additional taxes within the
limits fixed for municipal purposes.
Section 10. PLEDGING CREDIT.-Neither the state nor
any county, school district, municipality, special district, or
agency of any of them, shall become a joint owner with, or
stockholder of, or give, lend or use its taxing power or credit
to aid any corporation, association, partnership or person; but
this shall not prohibit laws authorizing:
(a) the investment of public trust funds;
(b) the investment of other public funds in obligations of,
or insured by, the United States or any of its instrumentalities;
(c) the issuance and sale by any county, municipality, spe-
cial district or other local governmental body of (1) revenue
bonds to finance or refinance the cost of capital projects for
airports or port facilities, or (2) revenue bonds to finance or
refinance the cost of capital projects for industrial or manu-
facturing plants to the extent that the interest thereon is
exempt from income taxes under the then existing laws of
the United States, when, in either case, the revenue bonds are
payable solely from revenue derived from the sale, operation
or leasing of the projects. If any project so financed, or any
part thereof, is occupied or operated by any private corpora-
tion, association, partnership or person pursuant to contract
or lease with the issuing body, the property interest created
by such contract or lease shall be subject to taxation to the
same extent as other privately owned property.
Section 11. STATE BONDS-REVENUE BONDS.-
(a) State bonds pledging the full faithe full faith and credit of the
state may be issued only to finance or refinance the cost of state
capital projects upon approval by a vote of the electors; pro-
vided state bonds issued pursuant to this subsection (a) may
be refunded without a vote of the electors at a lower net average
interest cost rate. The total outstanding principal of state bonds
issued pursuant to this subsection (a) shall never exceed fifty
per cent of the total tax revenues of the state for the two
preceding fiscal years.
(b) Moneys sufficient to pay debt service on state bonds as
the same becomes due shall be appropriated by law.
(c) Revenue bonds may be issued by the state or its agencies
without a vote of the electors only to finance or refinance the
cost of state capital projects and shall be payable solely from
funds derived from sources other than state tax revenues or
rents or fees paid from state tax revenues.

Section 12. LOCAL BONDS.-Counties, school districts,
municipalities, special districts and local governmental bodies
with taxing powers may issue bonds, certificates of indebtedness

JOURNAL OF THE HOUW

(b) to refund outstanding bonds and interest and redemption
premium thereon at a lower net average interest cost rate.
Section 13. RELIEF FROM ILLEGAL TAXES.-Until pay-
ment of all taxes which have been legally assessed upon the
property of the same owner, no court shall grant relief from
the payment of any tax that may be illegal or illegally assessed.

ARTICLE IX
EDUCATION
Section 1. SYSTEM OF PUBLIC EDUCATION.-Adequate
provision shall be made by law for a uniform system of free
public schools and for the establishment, maintenance and oper-
ation of institutions of higher learning and other public educa-
tion programs that the needs of the people may require.
Section 2. STATE BOARD OF EDUCATION.-The gover-
nor and the members of the cabinet shall constitute a state board
of education, which shall be a body corporate and have such
supervision of the system of public education as is provided by
law.
Section 3. TERMS OF APPOINTIVE BOARD MEMBERS.
-Members of any appointive board dealing with education may
serve terms in excess of four years as provided by law.
Section 4. SCHOOL DISTRICTS-SCHOOL BOARDS.-
(a) Each county shall constitute a school district; provided,
two or more contiguous counties, upon vote of the electors of
each county pursuant to law, may be combined into one school
district. In each school district there shall be a school board
composed of five or more members chosen by vote of the electors
for appropriately staggered terms of four years, as provided by
law.
(b) The school board shall operate, control and supervise
all free public schools within the school district and determine
the rate of school district taxes within the limits prescribed
herein. Two or more school districts may operate and finance
joint educational programs.
Section 5. SUPERINTENDENT OF SCHOOLS.-In each
school district there shall be a superintendent of schools. He
shall be elected at the general election in each year the number
of which is a multiple of four for a term of four years; or,
when provided by resolution of the district school board, or by
special law, approved by vote of the electors, the district school
superintendent in any school district shall be employed by the
district school board as provided by general law. The resolution
or special law may be rescinded or repealed by either procedure
after four years.
Section 6. STATE SCHOOL FUND.-The income derived
from the state school fund shall, and the principal of the fund
may, be appropriated, but only to the support and maintenance
of free public schools.

ARTICLE X
MISCELLANEOUS
Section 1. AMENDMENTS TO UNITED STATES CON-
STITUTION.-The legislature shall not take action on any
proposed amendment to the constitution of the United States
unless a majority of the members thereof have been elected after
the proposed amendment has been submitted for ratification.
Section 2. MILITIA.-
(a) The militia shall be composed of all able-bodied inhab-
itants of the state who are or have declared their intention to
become citizens of the United States; and no person because
of religious creed or opinion shall be exempted from military
duty except upon conditions provided by law.
(b) The organizing, equipping, housing, maintaining, and
disciplining of the militia, and the safekeeping of public arms
may be provided for by law.
(c) The governor shall appoint all commissioned officers of
the militia, including an adjutant general who shall be chief of
staff. The appointment of all general officers shall be subject to
confirmation by the senate.

(d) The qualifications of personnel and officers of the fed-
erally recognized national guard, including the adjutant general,

SE OF REPRESENTATIVES July 3, 1968

and the grounds and proceedings for their discipline and removal
shall conform to the appropriate United States army or air
force regulations and usages.
Section 3. VACANCY IN OFFICE.-Vacancy in office shall
occur upon the creation of an office, upon the death of the
incumbent or his removal from office, resignation, succession to
another office, unexplained absence for sixty consecutive days, or
failure to maintain the residence required when elected or ap-
pointed, and upon failure of one elected or appointed to office
to qualify within thirty days from the commencement of the
term.
Section 4. HOMESTEAD-EXEMPTIONS.-
(a) There shall be exempt from forced sale under process
of any court, and no judgment, decree or execution shall be a
lien thereon, except for the payment of taxes and assessments
thereon, obligations contracted for the purchase, improvement
or repair thereof, or obligations contracted for house, field or
other labor performed on the realty, the following property
owned by the head of a family:
(1) a homestead, if located outside a municipality, to the
extent of one hundred sixty acres of contiguous land and im-
provements thereon, which shall not be reduced without the
owner's consent by reason of subsequent inclusion in a munici-
pality; or if located within a municipality, to the extent of
one-half acre of contiguous land, upon which the exemption
shall be limited to the residence of the owner or his family;
(2) personal property to the value of one thousand dollars.
(b) These exemptions shall inure to the surviving spouse or
heirs of the owner.
(c) The homestead shall not be subject to devise if the owner
is survived by spouse or minor child. The owner of homestead
real estate, joined by the spouse if married, may alienate the
homestead by mortgage, sale or gift and, if married, may by
deed transfer the title to an estate by the entirety with the
spouse. If the owner or spouse is incompetent, the method of
alienation or encumbrance shall be as provided by law.
Section 5. COVERTURE AND PROPERTY.-There shall
be no distinction between married women and married men in
the holding, control, disposition, or encumbering of their prop-
erty, both real and personal; except that dower or courtesy may
be established and regulated by law.
Section 6. EMINENT DOMAIN.-
(a) No private property shall be taken except for a public
purpose and with full compensation therefore paid to each owner
or secured by deposit in the registry of the court and available
to the owner.
(b) Provision may be made by law for the taking of ease-
ments, by like proceedings, for the drainage of the land of one
person over or through the land of another.
Section 7. LOTTERIES.-Lotteries, other than the types of
pari-mutuel pools authorized by law as of the effective date of
this constitution, are hereby prohibited in this state.

Section 8. CENSUS.-
(a) Each decennial census of the state taken by the United
States shall be an official census of the state.
(b) Each decennial census, for the purpose of classifications
based upon population, shall become effective on the thirtieth
day after the final adjournment of the regular session of the
legislature convened next after certification of the census.
Section 9. REPEAL OF CRIMINAL STATUTES.-Repeal
or amendment of a criminal statute shall not affect prosecution
or punishment for any crime previously committed.
Section 10. FELONY-DEFINITION.-The terrh '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 11. SOVEREIGNTY LAN-)S.-The title to lands
under navigable waters, within t016 boundaries of the state,
which have not been alienated,..including beaches below mean
high water lines, is held by the state, by virtue of its sover-
eignty, in trust for all the P6gople. Sale or private use of por-
I-

JOURNAL OF THE HOUSE

tions of such lands may be authorized by law, but only when
not contrary to the public interest.
Section 12. RULES OF CONSTRUCTION.-Unless quali-
fied 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.
(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 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 mat-
ter. "Of the membership" means "of all members thereof."
(f) The terms "judicial office," "justices" and "judges" shall
not include judges of courts established solely for the trial of
violations of ordinances.
(g) "Special law" means a special or local law.
(h) Titles and subtitles shall not be used in construction.
Section 13. SUITS AGAINST THE STATE.-Provision
may be made by general law for bringing suit against the state
as to all liabilities now existing or hereafter originating.

ARTICLE XI
AMENDMENTS
Section 1. PROPOSAL BY LEGISLATURE.-Amendment
of a section or revision of one or more articles, or the whole, of
this constitution may be proposed by joint resolution agreed to
by three-fifths of the membership of each house of the legis-
lature. The full text of the joint resolution and the vote of each
member voting shall be entered on the journal of each house.
Section 2. REVISION COMMISSION.-
(a) Within thirty days after the adjournment of the regu-
lar session of the legislature convened in the tenth year follow-
ing that in which this constitution is adopted, and each
twentieth year thereafter, there shall be established a constitu-
tion revision commission composed of the following thirty-seven
members:
(1) the attorney general of the state;
(2) fifteen members selected by the governor;
(3) nine members selected by the speaker of the house of
representatives and nine members selected by the president of
the senate; and
(4) three members selected by the chief justice of the
supreme court of Florida with the advice of the justices.
(b) The governor shall designate one member of the com-
mission as its chairman. Vacancies in the membership of the
commission shall be filled in the same manner as the original
appointments.
(c) Each constitution revision commission shall convene at
the call of its chairman, adopt its rules of procedure, examine
the constitution of the state, hold public hearings, and, not later
than one hundred eighty days prior to the next general election,
file with the secretary of state its proposal, if any, of a revision
of this constitution or any part of it.
Section 3. INITIATIVE.-The power to propose amend-
ments to any section of this constitution by initiative is reserved
to the people. It may be invoked by filing with the secretary of
state a petition containing a copy of the proposed amendment,
signed by a number of electors in each of one half of the con-
gressional districts of the state, and of the state as a whole,
equal to eight per cent of the votes cast in each of such districts
respectively and in the state as a whole in the last preceding
election in which presidential electors were chosen.

Section 4. CONSTITUTIONAL CONVENTION.-
(a) The power to call a convention to consider a revision

July 3, 1968

(b) The method of selection of the county superintendent of
public instruction of each county, as provided by or under the
Constitution of 1885, as amended, shall apply to the selection
of the district superintendent of schools until changed as herein
provided.

RE OF REPRESENTATIVES 97

of the entire constitution is reserved to the people. It may be
invoked by filing with the secretary of state a petition, con-
taining a declaration that a constitutional convention is desired,
signed by a number of electors in each of one half of the con-
gressional districts of the state, and of the state as a whole,
equal to fifteen per cent of the votes cast in each such district
respectively and in the state as a whole in the last preceding
election of presidential electors.
(b) At the next general election held more than ninety days
after the filing of such petition there shall be submitted to the
electors of the state the question: "Shall a constitutional con-
vention be held?" If a majority voting on the question votes in
the affirmative, at the next succeeding general election there
shall be elected from each representative district a member
of a constitutional convention. On the twenty-first day following
that election, the convention shall sit at the capital, elect officers,
adopt rules of procedure, judge the election of its membership,
and fix a time and place for its future meetings. Not later than
ninety days before the next succeeding general election, the
convention shall cause to be filed with the secretary of state
any revision of this constitution proposed by it.
Section 5. AMENDMENT OR REVISION ELECTION.-
(a) A proposed amendment to or revision of this consti-
tution, or any part of it, shall be submitted to the electors at
the next general election held more than ninety days after the
joint resolution, initiative petition or report of revision com-
mission or constitutional convention proposing it is filed with
the secretary of state, unless, pursuant to law enacted by the
affirmative vote of three-fourths of the membership of each
house of the legislature and limited to a single amendment or
revision, it is submitted at an earlier special election held more
than ninety days after such filing,
(b) Once in the tenth week, and once in the sixth week
immediately preceding the week in which the election is held,
the proposed amendment or revision, with notice of the date of
election at which it will be submitted to the electors, shall be
published in one newspaper of general circulation in each county
in which a newspaper is published.
(c) If the proposed amendment or revision is approved by
vote of the electors, it shall be effective as an amendment to
or revision of the constitution of the state on the first Tuesday
after the first Monday in January following the election, or
on such other date as may be specified in the amendment or
revision.
ARTICLE XII
SCHEDULE
Section 1. CONSTITUTION OF 1885 SUPERSEDED.-
Articles I through IV, VII, and IX through XX of the Con-
stitution of Florida adopted in 1885, as amended from time
to time, are superseded by this revision except those sections
expressly retained and made a part of this revision by reference.
Section 2. PROPERTY TAXES-MILLAGES.--Tax mill-
ages authorized in counties, municipalities and special dis-
tricts, on the date this revision becomes effective, may be
continued until reduced by law.
Section 3. OFFICERS TO CONTINUE IN OFFICE.-
Every person holding office when this revision becomes effective
shall continue in office for the remainder of the term if that
office is not abolished. If the office is abolished the incumbent
shall be paid adequate compensation, to be fixed by law, for the
loss of emoluments for the remainder of the term.
Section 4. STATE COMMISSIONER OF EDUCATION.-
The state superintendent of public instruction in office on the
effective date of this revision shall become and, for the re-
mainder of the term being served, shall be the commissioner of
education.
Section 5. SUPERINTENDENT OF SCHOOLS.-
(a) On the effective date of this revision the county super-
intendent of public instruction of each county shall become and,
for the remainder of the term being served, shall be the super-
intendent of schools of that district.

	Title Page
	Members of the House of Repres...
	June 1968
	July 1968
	Index

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