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

Journal

of the

House of Representatives

EXTRAORDINARY SESSION
on Constitutional Revision and
Reapportionment

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

January 9, 1967, through January 28, 1967

_ I I I

II -I I

MEMBERS OF THE HOUSE OF REPRESENTATIVES

Extraordinary Session, January, 1967

Alachua-Gilchrist-Putnam-Ralph D. Turlington,
Gainesville
Alachua-Gilchrist-Putnam-James N. Beck,
East Palatka
Alachua-Gilchrist-Putnam-William C. Andrews,
Gainesville
Baker-Columbia-Nassau-Ralph C. Tyre, Lake City
Bay-Gulf-John Robert Middlemas, Panama City
Bay-Gulf-Ben C. Williams, Port St. Joe
Bradford-Clay-Union-Eugene F. Shaw, Starke
Brevard-James H. Pruitt, Eau Gallie
Brevard-Anthony (Tony) Ninos, Cocoa
Brevard-Palmer W. Collins, Indian Harbour Beach
Broward-Bernard Klassen, Lighthouse Point
Broward-Richard A. Bird, Fort Lauderdale
Broward-John W. (Jack) Bell, Fort Lauderdale
Broward-Henry J. Prominski, Wilton Manors
Broward-Arthur H. Rude, Fort Lauderdale
Broward-Richard Condon, Pompano Beach
Broward-Hugh B. Cramer, West Hollywood
Broward-James R. Eddy, Pompano Beach
Calhoun-Jackson-Coy J. Mitchell, Marianna
Charlotte-Collier-Glades-Hendry-Lee-M. T. (Ted)
Randell, Fort Myers
Charlotte-Collier-Glades-Hendry-Lee-James Lorenzo
Walker, Naples
Citrus-Hernando-Marion-Sumter-William V.
Chappell, Jr., Ocala
Citrus-Hernando-Marion-Sumter-E. C. Rowell,
Wildwood
Dade-Maxine E. Baker, Miami
Dade-Dick Renick, Coral Gables
Dade-Carey Matthews, Miami Beach
Dade-Louis Wolfson, II, Miami Beach
Dade-Kenneth M. Myers, Miami
Dade-Murray H. Dubbin, Miami
Dade-Gerald Lewis, Coral Gables
Dade-Richard A. Pettigrew, Miami
Dade-Sandy D'Alemberte, Miami
Dade-Jess Yarborough, Miami
Dade-Walter W. Sackett, Jr., Miami
Dade-Harold G. Featherstone, Hialeah
Dade-Vernon C. Holloway, Miami
Dade-Jeff D. Gautier, Miami
Dade-Robert C. Hector, Miami
Dade-Robert "Bob" Graham, Miami Lakes
Dade-Robert C. Hartnett, Coral Gables
Dade-Robert M. Brake, Coral Gables
Dade-Marshall S. Harris, Miami
Dade-Carl A. Singleton, Coral Gables
Dade-George Firestone, Miami
Dade-David L. Brower, North Miami
DeSoto-Hardee-Highlands-S. Chesterfield Smith,
Arcadia

Dixie-Jefferson-Levy-Taylor-Ken Smith, Perry
Duval-Dan Scarborough, Jacksonville
Duval-Ted Alvarez, Jacksonville
Duval-George B. Stallings, Jr., Jacksonville
Duval-Lew Brantley, Jacksonville
Duval-John Crider, Jacksonville
Duval-Lynwood Arnold, Jacksonville
Duval-Fred Schultz, Jacksonville
Duval-Gifford Grange, Jacksonville
Duval-Gordon Blalock, Jacksonville
Duval-Don Nichols, Jacksonville
Duval-Joseph G. Kennelly, Jr., Jacksonville
Escambia-Gordon W. Wells, Pensacola
Escambia-Warren M. Briggs, Pensacola
Escambia-Phil Ashler, Pensacola
Escambia-Jim Reeves, Pensacola
Flagler-St. Johns-A. H. Craig, St. Augustine
Franklin-Leon-Wakulla-Miley Miers, Tallahassee
Franklin-Leon-Wakulla-Donald L. Tucker,
Crawfordville
Gadsden-Liberty-W. M. (Bill) Inman, Quincy
Hamilton-Lafayette-Madison-Suwannee-Leon N.
McDonald, Sr., Live Oak
Hillsborough-James L. Redman, Plant City
Hillsborough-Robert T. Mann, Tampa
Hillsborough-William M. Register, Jr., Tampa
Hillsborough-Elvin L. Martinez, Tampa
Hillsborough-Guy Spicola, Tampa
Hillsborough-Terrell Sessums, Tampa
Hillsborough-John L. Ryals, Brandon
Hillsborough-Paul W. Danahy, Tampa
Hillsborough-Richard S. Hodes, Tampa
Holmes-Walton-Washington-L. S. "Sam" Campbell,
DeFuniak Springs
Indian River-Martin-Okeechobee-St. Lucie-Frank
Fee, Fort Pierce
Indian River-Martin-Okeechobee-St. Lucie-Arthur
E. "Art" Karst, Vero Beach
Lake-Seminole-W. H. (Bill) Reedy, Eustis
Lake-Seminole-Mack N. Cleveland, Jr., Sanford
Lake-Seminole-Tom McDonald, Sanford
Manatee-Jerome Pratt, Palmetto
Manatee-Thomas M. Gallen, Bradenton
Monroe-Bernie C. Papy, Jr., Key West
Okaloosa-Santa Rosa-Henton D. (H. D.) Elmore,
Crestview
Okaloosa-Santa Rosa-Edmond M. (Ed) Fortune,
Pace
Orange-Osceola-Henry W. Land, Tangerine
Orange-Osceola-John L. Ducker, Winter Park
Orange-Osceola-Bill Fulford, Orlando
Orange-Osceola-Bob Alligood, Orlando

Orange-Osceola-Ben Griffin, Winter Garden
Orange-Osceola-J. J. Griffin, Jr., St. Cloud
Palm Beach-Jack Poorbaugh, Boynton Beach
Palm Beach-Joseph W. H. Humphrey, Boynton
Beach
Palm Beach-Donald H. Reed, Jr., Boca Raton
Palm Beach-Robert C. De Young, Riviera Beach
Palm Beach-Robert W. Rust, Palm Beach
Pasco-John C. Brasher, Port Richey
Pinellas-A. S. "Jim" Robinson, St. Petersburg
Pinellas-Mary R. Grizzle, Indian Rocks Beach
Pinellas-Ray C. Osborne, St. Petersburg
Pinellas-William H. Fleece, St. Petersburg
Pinellas-John J. Savage, North Redington Beach

Pinellas-Charles E. Rainey, Clearwater
Pinellas-Don H. Stafford, Largo
Pinellas-Ed S. Whitson, Jr., Clearwater
Pinellas-Jack Murphy, Clearwater
Polk-John R. Clark, Lakeland
Polk-Ray Mattox, Winter Haven
Polk-Wallace L. Storey, Bartow
Polk-Quillian S. Yancey, Lakeland
Sarasota-Granville H. Crabtree, Jr., Sarasota
Sarasota-Warren S. Henderson, Venice
Volusia-William R. Conway, Ormond Beach
Volusia-James H. Sweeny, Jr., DeLand
Volusia-William M. Gillespie, New Smyrna Beach

OFFICERS OF THE HOUSE OF REPRESENTATIVES
Extraordinary Session, January, 1967

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

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

I SV
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THE JOURNAL OF THE FLORIDA

House of Representatives

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

EXTRAORDINARY SESSION

MONDAY, JANUARY 9, 1967

Beginning of an Extraordinary Session of the Forty-first Florida 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, January 9,
1967.

The House was called to order at 9:30 A. M. by the Honor-
able Ralph D. Turlington, Speaker of the Forty-first House,
pursuant 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 Florida Constitution Revision Commission
consisting of eminent and well qualified citizens of the State of
Florida has been laboring for many months to draft a modern
Constitution for the government of the people of the State of
Florida, and
WHEREAS, the Florida Constitution Revision Commission
will shortly complete the drafting of the proposed revised Con-
stitution of Florida so that such draft may be immediately sub-
mitted to the Florida Legislature for its consideration, and
WHEREAS, it is in the best interest of the people 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 a special election to
be held on or about April 18, 1967 so that the Florida
Legislature during its regular 1967 session may enact all legis-
lation necessary for the implementation of said revised Consti-
tution, and
WHEREAS, it is my belief that it is in th Zest interest of
all of our citizens that said revised Constitution be made effec-
tive on July 1, 1967, should it be adopted by the people of this
State,
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 ses-
sion at the Capitol, at 9:30 a.m., on January 9, 1967.
This call shall be limited to constitutional revision and the
fixing of the early date for a special election to permit the peo-
ple of this State to vote upon a proposed revised Constitution.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Great Seal of
the State of Florida to be affixed at Talla-
"hassee, the Capital, this 3rd day of Janu-
ary, A. D. 1967.

CLAUDE R. KIRK, JR.
GOVERNOR

ATTEST:
TOM ADAMS
SECRETARY OF STATE
The following Members were recorded present:

Mr. Speaker
Alligood
Alvarez
Andrews
Arnold

Ashler
Baker
Beck
Bell
Bird

Blalock
Brake
Brantley
Brasher
Briggs

Brower
Campbell
Clark
Cleveland
Collins

Condon
Conway
Crabtree
Craig
Cramer
Crider
D'Alemberte
Danahy
De Young
Dubbin
Ducker
Eddy
Elmore
Featherstone
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gillespie
Graham
Grange
Griffin, B.

Griffin, J. J., Jr.
Grizzle
Harris
Hartnett
Hector
Henderson
Hodes
Holloway
Humphrey
Inman
Karst
Kennelly
Klassen
Land
Lewis
Mann
Martinez
Matthews
Mattox
McDonald, L. N.
McDonald, T. S.
Middlemas
Miers
Mitchell

Murphy
Myers
Nichols
Ninos
Osborne
Papy
Pettigrew
Poorbaugh
Pratt
Prominski
Pruitt
Rainey
Randell
Redman
Reed
Reedy
Reeves
Register
Renick
Robinson
Rowell
Rude
Rust
Ryals

Sackett
Savage
Scarborough
Schultz
Sessums
Shaw
Singleton
Smith, K.
Smith, S. C.
Spicola
Stafford
Stallings
Storey
Sweeny
Tucker
Tyre
Walker
Wells
Whitson
Williams
Yancey
Yarborough

Excused: Representatives Chappell, Gautier and Wolfson.
A quorum was present.
Prayer by Dr. Fred T. Laughon, Pastor of the First Baptist
Church of Gainesville:
See us as we stand before Thee, O God, to begin this
special session of the House of Representatives of the
State of Florida. Working side by side as we do under the
great pressure of our responsibility to serve well our fellow
citizens, we sit facing the Great Seal of the State of Florida.
It humiliates us because it is an embarrassing reminder of
our weakness and stupidity. But it inspires us to remember
Thy power and Thy wisdom. It encourages us when history
tells us that great statesmen have been created when
they put their trust in Thee. So we humbly commit our
very bodies and minds to Thee in such a mass dedication
as if together we would shout out what we individually
whispered when we took our oath of office, and what we
shall pray before each decision-"In God We Trust".
Amen

Introduction of House Resolutions
By Representative Rowell-
HR 1-X(67)-A Resolution providing for procedure in the
House of Representatives during the extraordinary session
convened on January 9, 1967.
Be it Resolved by the House of Representatives of the State
of Florida:
1. That the rules adopted at the organization session for
the 41st House be ratified and confirmed as the rules for
this extraordinary session.
2. That the Speaker, pursuant to Rule 2.7, is hereby au-
thorized to appoint a select steering committee for House con-
sideration of a new Constitution and to designate the member-

1

2 JOURNAL OF THE HOU

ship thereof. Such select committee shall be clothed with all
the authority of a standing committee of the House of Rep-
resentatives, including the right to introduce joint resolutions,
bills, and other measures. The committee shall not be bound
by rules relating to time of reporting.
-was read the first time by title and the second time in full.
On motion by Mr. Rowell, HR 1-X (67) was adopted.
By Representative L. N. McDonald, Sr.-
HR 2-X(67)-A Resolution pertaining to management pol-
icies of the House of Representatives for the extraordinary
session convened on January 9, 1967.

Be it Resolved by the House of Representatives of the State
of Florida:
1. That it is the sense of the House that expense of the
extraordinary session be kept as low as possible consistent
with the efficient performance of the public's business.
2. That the Speaker and the Chairman of the Committee
on House Administration are hereby authorized to employ only
such attaches as they may, from time to time, deem necessary
for the conduct of business.
3. That each Member be paid the per diem and mileage
authorized by law.
4. That the schedule for the pay of attaches adopted for
the 1965 regular session be the schedule for the extraordinary
session, as follows:
(a) Group 1. Salaries of supervisors, professional or
skilled employees shall be set by the Chairman of the Com-
mittee on House Administration and the Speaker at a rate
not to exceed twenty dollars ($20.00) per day.
(b) Group 2. Attaches in this group shall be paid at a
rate of fourteen ($14.00) per day and shall include the follow-
ing personnel: Stenographers, PBX operators, Postmaster,
Machine operators, Typists, Verifiers, Assistant Sergeant-at-
Arms, Chaplain, Custodian, and Reading Clerks.
(c) Group 3. Attaches in this group shall be paid at a
rate of twelve ($12.00) per day and shall include the follow-
ing personnel: Doormen, night watchmen, and clerical helpers.
(d) Group 4. Messengers shall be paid at the rate of ten
($10.00) per day.
(e) Group 5. Pages shall be paid at the rate of eight
($8.00) per day.
5. That such number of copies of the daily Journal, Calen-
dar, and bills be printed as the Clerk may, from time to time,
deem necessary.
-was read the first time by title and the second time in full.
On motion by Mr. McDonald, HR 2-X (67) was adopted.

Committee to Governor
On motion by Representative Sweeny, the Speaker appointed
Representatives Shaw, Chairman, Humphrey and Robinson as a
committee to wait upon His Excellency, Claude R. Kirk, Jr.,
Governor, and to notify him that the House is organized and
ready to transact business. After a brief absence the committee
returned and reported that it had performed the duty assigned
it and was discharged.

Committee to Senate

On motion by Representative Sweeny, the Speaker appointed
Representatives Cleveland, Chairman, Baker and Grizzle as a
committee to inform the Senate that the House was organized
and ready to transact business. After a brief absence the com-
mitee returned and reported that it had performed the duty
assigned it and was discharged.

SE OF REPRESENTATIVES

Jan. 9, 1967

Communication from Governor
January 9, 1967
Honorable Ralph D. Turlington
Speaker, House of Representatives
Tallahassee, Florida
Dear Mr. Speaker:
This is to express my desire to address your Honorable Body,
in joint session with the Senate, January 9, 1967, convening
at 9:30 a.m.
Respectfully,
CLAUDE R. KIRK, JR.
Governor

Introduction of House Concurrent Resolution
By Representative Turlington-
HCR 3-X(67)-A Concurrent Resolution providing that the
House of Representatives and the Senate convene in joint ses-
sionin the chamber of the House of Representatives at 3:00
P.M., January 9, 1967, to receive the Governor's Message on
Constitutional Revision.
WHEREAS, His Excellency Claude R. Kirk, Jr., Governor of
Florida, has expressed a desire to address the Legislature of
Florida in joint session on this day, Monday, January 9, 1967;
NOW THEREFORE,
Be it Resolved by the House of Representatives, the Senate
concurring:
That the House of Representatives and the Senate convene in
joint session in the chamber of the House of Representatives at
3:00 P.M., this day, Monday, January 9, 1967, for the purpose
of receiving the Governor's Message on Constitutional Revision.
-was read the first time in full.
On motions by Mr. Rowell, the rules were waived by a two-
thirds vote and HCR 3-X(67) was read the second time by
title, adopted, and ordered immediately certified to the Senate.

Appointment of Select Committee
The Speaker announced the appointment of the following
Select Committee:

SELECT COMMITTEE ON CONSTITUTIONAL REVISION
Ralph D. Turlington, Chairman
James H. Sweeny, Jr., Vice Chairman
Donald H. Reed, Vice Chairman
Members As Chairmen of Committee on
Phil Ashler Higher Education
Henry Land Judiciary B
Robert Mann Judiciary D
Richard Pettigrew Elections
E. C. Rowell Rules & Calendar
Fred Schultz Governmental Organization
& Efficiency
Terrell Sessums Ad Valorem Taxation
Ken Smith Public School Education
George B. Stallings, Jr. Judiciary C
James H. Sweeny, Jr. Finance & Taxation
Gordon W. Wells Judiciary A
Jess Yarborough Local Government
James H. Pruitt Public Roads & Highways
Members as
Members of Constitutional Revision Commission
Frank Fee Donald Reed
Henry W. Land George B. Stallings, Jr.
Richard Pettigrew Ralph D. Turlington
Members as Former Speakers
William V. Chappell, Jr. E. C. Rowell

Member as Speaker Pro Tempore
James Lorenzo Walker

Announcement of Standing Committees

The Speaker announced the membership of the following
standing committees for the 41st House, appointed since the
Organization Session authorizing these appointments:
[Membership of Committees on Appropriations, House Ad-
ministration, and Rules & Calendar were announced at the
Organization Session and appear in the Journal of that Ses-
sion.]

AD VALOREM TAXATION
Terrell Sessums, Chairman; Arthur E. Karst, Vice Chairman;
Robert M. Brake, John C. Brasher, Warren M. Briggs, Granville
H. Crabtree, Jr., John R. Clark, Sandy D'Alemberte, Paul W.
Danahy, William H. Fleece, Edmond M. Fortune, Robert Gra-
ham, Gifford Grange, Joseph W H. Humphrey, Joseph G. Ken-
nelly, Jr., Henry W. Land. Tom McDonald, Anthony Ninos,
Jerome Pratt, Henry J. Prominski, Charles E. Rainey, Eugene
F. Shaw, James Lorenzo Walker

AGRICULTURE
W. M. Inman, Chairman; E. C. Rowell, Vice Chairman; Ted
Alvarez, Lew Brantley, L. S. Campbell, Edmond M. Fortune,
Robert C. Hector, Vernon C. Holloway, Arthur E. Karst, Ray
Mattox, Leon N. McDonald, Sr., Jack Murphy, Jack Poorbaugh,
Jerome Pratt, James L. Redman, John L. Ryals, James Lorenzo
Walker.

BANKS & LOANS
William V. Chappell, Jr., Chairman; James H. Pruitt, Vice
Chairman; Lynwood Arnold, David L. Brower, John Crider,
Harold G. Featherstone, Frank Fee, Ben Griffin, J. J. Griffin,
Jr., Robert C. Hartnett, Bernard Klassen, Henry W. Land,
Carey Matthews, Leon N. McDonald, Sr., Tom McDonald, John
Robert Middlemas, Bernie C. Papy Jr., James L. Redman,
Don H. Stafford, George B. Stallings, Jr., James Lorenzo
Walker, Gordon W. Wells.

CITRUS
Arthur E. Karst, Chairman; W. H. Reedy, Vice Chairman;
John C. Brasher, John R. Clark, William R. Conway, John L.
Ducker, Frank Fee, Bill Fulford, Ben Griffin, Henry W. Land,
Ray Mattox, Anthony Ninos, James L. Redman, S. Chesterfield
Smith, Quillian S. Yancey.

CLAIMS A
Coy J. Mitchell, Chairman; A. H. Craig, Vice Chairman;
James N. Beck, Richard A. Bird, Richard Condon, John Crider,
Harold G. Featherstone, Jeff D. Gautier, Gerald Lewis, Jack
Poorbaugh, Walter W. Sackett, Jr., Dan Scarborough, Carl
A. Singleton.

CLAIMS B
James Lorenzo Walker, Chairman; John W. Bell, Vice
Chairman; L. S. Campbell, Granville H. Crabtree, Jr., Hugh
B. Cramer, John L. Ducker, George Firestone, Joseph G. Ken-
nelly, Jr., A. S. Robinson, Robert W. Rust, Eugene F. Shaw,
Ed S. Whitson, Jr.

COMMERCE
Murray H. Dubbin, Chairman; Warren S. Henderson, Vice
Chairman; William C. Andrews, Richard A. Bird, S. Gordon
Blalock, David L. Brower, John Crider, Marshall S. Harris,
Elvin L. Martinez, John Robert Middlemas, Jack Murphy,
Bernie C. Papy, Jr., James H. Pruitt, Donald H. Reed, Jr.,
W. H. Reedy, James J. Reeves, William M. Register, Jr., John
J. Savage, Carl A. Singleton, Wallace L. Storey, James H.
Sweeny, Jr.
ELECTIONS

Richard Pettigrew, Chairman; Charles E. Rainey, Vice
Chairman; William C. Andrews, John W. Bell, Lew Brantley,
Palmer W. Collins, Richard Condon, A. H. Craig, Harold G.
Featherstone, William H. Fleece, Edmond M. Fortune, Marshall
S. Harris, Robert C. Hartnett, Warren S. Henderson, Elvin

3

L. Martinez, Coy J. Mitchell, Jack Poorbaugh, Jerome Pratt,
James J. Reeves, William M. Register, Jr., Dan Scarborough.

FINANCE & TAXATION
James H. Sweeny, Jr., Chairman; J. J. Griffin, Jr., Vice
Chairman; Lynwood Arnold, S. Gordon Blalock, William V.
Chappell, Jr., Mack N. Cleveland, Jr., Murray H. Dubbin, John
L. Ducker, James R. Eddy, Frank Fee, William M. Gillespie,
Arthur E. Karst, Henry W. Land, Carey Matthews, Ray
Mattox, John Robert Middlemas, Kenneth M. Myers, Ray C.
Osborne, Donald H. Reed, Jr., Fred Schultz, Eugene F. Shaw,
Guy W. Spicola, Ralph C. Tyre, James Lorenzo Walker, Gor-
don W. Wells, Louis Wolfson, II.

GAME & FRESH WATER FISH
James N. Beck, Chairman; M. T. Randell, Vice Chairman;
Lynwood Arnold, L. S. Campbell, Richard Condon, Harold G.
Featherstone, Bill Fulford, Robert C. Hector, Coy J. Mitchell,
Jack Poorbaugh, Walter W. Sackett, Jr., Ken Smith, Guy W.
Spicola, Ed S. Whitson, Jr., Louis Wolfson, II.

HIGHER EDUCATION

Phil Ashler, Chairman; Donald H. Reed, Jr., Vice Chair-
man; William C. Andrews, James N. Beck, S. Gordon Blalock,
John R. Clark, Palmer W. Collins, William R. Conway, Murray
H. Dubbin, Henton D. Elmore, D. Robert Graham, Gifford
Grange, Jr., Arthur E. Karst, Ray C. Osborne, Richard
Pettigrew, Henry J. Prominski, William M. Register, Jr., T.
Terrell Sessums, Ken Smith, Donald L. Tucker.

INSURANCE & WORKMEN'S
COMPENSATION
Frank Fee, Chairman; Bernie C. Papy, Jr., Vice Chairman;
Richard A. Bird, Warren M. Briggs, William V. Chappell, Jr.,
A. H. Craig, Robert C. De Young, Murray H. Dubbin, Gifford
Grange, Jr., J. J. Griffin, Jr., Robert C. Hartnett, Warren
S. Henderson, Vernon C. Holloway, Arthur E. Karst, Leon
N. McDonald, Sr., John Robert Middlemas, Donald G. Nichols,
Jerome Pratt, James H. Pruitt, W. H. Reedy, A. S. Robinson,
John J. Savage, T. Terrell Sessums.

JUDICIARY A
Gordon W. Wells, Chairman; Frank Fee, Vice Chairman;
Richard A. Bird, William V. Chappell, Jr., Murray H. Dubbin,
Edmond M. Fortune, John Robert Middlemas, Charles E.
Rainey, E. C. Rowell, John J. Savage, Fred Schultz, Eugene
F. Shaw, Wallace L. Storey, James Lorenzo Walker.

JUDICIARY B
Henry W. Land, Chairman; Carey Matthews, Vice Chair-
man; John W. Bell, S. Gordon Blalock, David L. Brower,
James R. Eddy, Henton D. Elmore, Harold G. Featherstone,
George Firestone, Jeff D. Gautier, Elvin L. Martinez, Donald
G. Nichols, Arthur H. Rude, Robert W. Rust, Ed S. Whitson,
Jr.
JUDICIARY C
George B. Stallings, Jr., Chairman; John L. Ducker, Vice
Chairman; Robert M. Brake, Mack N. Cleveland, Jr., John
Crider, Talbot D'Alemberte, Harold G. Featherstone, Jos. W.
Humphrey, Elvin L. Martinez, Henry J. Prominski, M. T.
Randell, James L. Redman, Donald H. Reed, Jr., James J.
Reeves, William M. Register, Jr., Ed S. Whitson, Jr.

JUDICIARY D
Robert T. Mann, Chairman; Lynwood Arnold, Vice Chair-
man; William C. Andrews, Palmer W. Collins, Granville H.
Crabtree, Jr., Paul W. Danahy, William H. Fleece, Tom Gallen,
Ben Griffin, Richard S. Hodes, Joseph G. Kennelly, Jr., Tom
McDonald, Miley L. Miers, Ray C. Osborne.

LABOR

Ben C. Williams, Chairman; Ralph C. Tyre, Vice Chairman;
Ted Alvarez, James N. Beck, Lew Brantley, L. S. Campbell,
Richard Condon, Henton D. Elmore, Jeff D. Gautier, William M.

Jan. 9, 1967

JOURNAL OF THE HOUSE OF REPRESENTATIVES

4 JOURNAL OF THE HOU

Gillespie, Marshall S. Harris, Robert C. Hector, Gerald Lewis,
Jack Poorbaugh, Dick Renick, John L. Ryals, Dan Scarborough,
Guy W. Spicola, Quillian S. Yancey.

LOCAL GOVERNMENT
Jess Yarborough, Chairman; L. S. Campbell, Vice Chairman;
Robert M. Brake, John C. Brasher, Warren M. Briggs, John
R. Clark, Paul W. Danahy, George Firestone, Tom Gallen,
D. Robert Graham, Richard S. Hodes, Joseph G. Kennelly, Jr.,
Tom McDonald, Donald G. Nichols, Anthony Ninos, Henry J.
Prominski, M. T. Randell, A. S. Robinson, Arthur H. Rude,
Carl A. Singleton, Donald L. Tucker, Ed S. Whitson, Jr.

MENTAL HEALTH
Maxine E. Baker, Chairman; Kenneth M. Myers, Vice Chair-
man; Richard Condon, Hugh B. Cramer, Talbot D'Alemberte,
Paul W. Danahy, Tom Gallen, Robert C. Hartnett, Richard S.
Hodes, Charles E. Rainey, Walter W. Sackett, Jr., Guy W.
Spicola, Don H. Stafford, George B. Stallings, Jr.

MOTOR VEHICLES & CARRIERS
Ray Mattox, Chairman; Richard Pettigrew, Vice Chairman;
Bob Alligood, Lew Brantley, Hugh B. Cramer, William M.
Gillespie, Ben Griffin, Robert C. Hartnett, Vernon C. Holloway,
Gerald Lewis, Miley L. Miers, Ray C. Osborne, E. C. Rowell,
John L. Ryals, Ben C. Williams.

PARI-MUTUEL AFFAIRS
Carey Matthews, Chairman; James R. Eddy, Vice Chairman;
Ted Alvarez, Phil Ashler, Maxine E. Baker, John W. Bell,
Palmer W. Collins, William R. Conway, Robert C. De Young,
Tom Gallen, Mary R. Grizzle, Richard S. Hodes, W. M. Inman,
Robert T. Mann, Dick Renick, Arthur H. Rude, Robert W.
Rust, Dan Scarborough, Donald L. Tucker, Quillian S. Yancey.

PUBLIC HEALTH & WELFARE
Louis Wolfson, II, Chairman; Ray Mattox, Vice Chairman;
Ted Alvarez, Maxine E. Baker, Richard A. Bird, Robert C.
De Young, Edmond M. Fortune, Bill Fulford, Marshall S.
Harris, Robert C. Hector, Richard S. Hodes, W. M. Inman,
Elvin L. Martinez, Miley L. Miers, Coy J. Mitchell, Jack
Murphy, Kenneth M. Myers, James J. Reeves, E. C. Rowell,
Walter W. Sackett, Jr., Carl L. Singleton, James H. Sweeny,
Jr., Quillian S. Yancey.

PUBLIC ROADS & HIGHWAYS
James H. Pruitt, Chairman; Bob Alligood, Vice Chairman;
Lynwood Arnold, John W. Bell, Robert M. Brake, David L.
Brower, Hugh B. Cramer, Paul W. Danahy, Robert C. De
Young, Gifford Grange, Jr., Robert C. Hector, Warren S. Hen-
derson, Vernon C. Holloway, Leon N. McDonald, Sr., Miley L.
Miers, Donald G. Nichols, Jerome Pratt, M. T. Randell, W. H.
Reedy, James J. Reeves, William M. Register, Jr., Dick Renick,
Arthur H. Rude, Don H. Stafford, Ralph C. Tyre, Quillian S.
Yancey.

PUBLIC SAFETY
W. H. Reedy, Chairman; John J. Savage, Vice Chairman;
Ted Alvarez, Maxine E. Baker, David L. Brower, William R.
Conway, Granville H. Crabtree, Jr., Bill Fulford, Jeff D.
Gautier, Ben Griffin, Mary R. Grizzle, W. M. Inman, Bernard
Klassen, Robert T. Mann, Leon N. McDonald, Sr., Jack Murphy,
Dick Renick, Robert W. Rust, John L. Ryals, T. Terrell Sessums,
Ken Smith, Ben C. Williams, Quillian S. Yancey.

PUBLIC SCHOOL EDUCATION

Ken Smith, Chairman; Robert T. Mann, Vice Chairman; Phil
Ashler, S. Gordon Blalock, Lew Brantley, Warren M. Briggs,
John R. Clark, Palmer W. Collins, Talbot D'Alemberte, Henton
D. Elmore, William H. Fleece, Tom Gallen, William M. Gillespie,
D. Robert Graham, Mary R. Grizzle, Marshall S. Harris, Jos.
W. Humphrey, Tom McDonald, Kenneth M. Myers, Richard
Pettigrew, Henry J. Prominski, John L. Ryals, Donald L.
Tucker.

!

That the following proposed revision of the Constitution of
Florida, prepared by the Florida constitution revision commis-
sion pursuant to chapter 65-561, Laws of Florida, is hereby
agreed to and shall be submitted to the electors of the state
for ratification or rejection at a special election to be called
as provided by this session of the legislature pursuant to Article
XVII, Section 4 of the Florida Constitution:

SE OF REPRESENTATIVES Jan. 9, 1967

RETIREMENT & PERSONNEL
Mack N. Cleveland, Jr., Chairman; Jess Yarborough, Vice
Chairman; William V. Chappell, Jr., A. H. Craig, John L.
Ducker, Henton D. Elmore, George Firestone, Jeff D. Gautier,
Bernard Klassen, Kenneth M. Myers, Donald G. Nichols, James
L. Redman, A. S. Robinson, S. Chesterfield Smith, Don H. Staf-
ford, George B. Stallings, Jr., Ralph C. Tyre, Gordon W. Wells.

SALT WATER CONSERVATION
A. H. Craig, Chairman; M. T. Randell, Vice Chairman;
Robert M. Brake, Granville H. Crabtree, Jr., Bill Fulford,
Gifford Grange, Jr., Jos. W. Humphrey, Bernard Klassen,
Gerald Lewis, Bernie C. Papy, Jr., James J. Reeves, Dick Renick,
A. S. Robinson, Donald L. Tucker, Ben C. Williams.

STATE GOVERNMENTAL ORGANIZATION &
EFFICIENCY
Fred Schultz, Chairman; Wallace L. Storey, Vice Chairman;
Bob Alligood, Phil Ashler, John C. Brasher, Warren M. Briggs,
Mack N. Cleveland, Jr., Talbot D'Alemberte, James R. Eddy,
William M. Gillespie, Vernon C. Holloway, Jos. W. Humphrey,
Gerald Lewis, Anthony Ninos, Charles E. Rainey, Dan Scar-
borough, Guy W. Spicola, Ben C. Williams, Jess Yarborough.

STATE INSTITUTIONS
S. Chesterfield Smith, Chairman; Mary R. Grizzle, Vice
Chairman; Maxine E. Baker, Hugh B. Cramer, George Fire-
stone, W. M. Inman, Bernard Klassen, Coy J. Mitchell, Jack
Murphy, Kenneth M. Myers, Anthony Ninos, E. C. Rowell,
Arthur H. Rude, Robert W. Rust, Walter W. Sackett, Jr.,
Eugene F. Shaw, Don H. Stafford, Louis Wolfson, II.

Additional Members for Extraordinary Session
The Speaker announced that, for the purposes and duration
only of the Extraordinary Session, he is adding the following
members to the Standing Committees named:

AD VALOREM TAXATION
Maxine E. Baker

JUDICIARY A
Ted Alvarez, Jr.

LOCAL GOVERNMENT

Bill Fulford, Jack Murphy

PUBLIC ROADS & HIGHWAYS
Walter W. Sackett, Jr.

STATE GOVERNMENTAL ORGANIZATION & EFFICIENCY
Bernard Klassen

Introduction of House Joint Resolution

By Representative Turlington-
HJR 4-X (67)-A joint resolution proposing a revision of the
Constitution of Florida.
Be It Resolved by the Legislature of the State of Florida:

JOURNAL OF THE HOUSE

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, first adopting and recognizing the supremacy
of the principles stated in the following

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 persons are equal before the
law and have inalienable rights, among which are the right to
enjoy life and liberty, 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.
Section 3. Religious freedom.-There shall be no law re-
specting the establishment of religion or prohibiting or penaliz-
ing the free exercise thereof. Religious freedom shall not jus-
tify practices inconsistent with public morals, peace or safety.
Section 4. Freedom of speech and press.-Every person
may speak, write and publish his sentiments on all subjects but
shall be responsible for the abuse of that right. No laws shall
be passed to restrain or abridge the liberty of speech or of the
press. In all criminal prosecutions and civil actions for defama-
tion the truth may be given in evidence. If it shall appear that
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 to assemble for lawful purposes, to instruct their repre-
sentatives 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 association. The right
of employees, public or private, by and through a labor union
or association, to bargain collectively shall not be 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
bear arms in defense of themselves and of the lawful authority
of the state shall not be infringed, except that the manner in
which they may be borne 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, but unreason-
able refusal of a public officer to answer before a grand jury
questions determined at a judicial hearing to relate directly to
his official duties shall be grounds for removal from office if his
ability to perform his duties is affected.
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 im-
prisoned 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 unreason-
able interception of private communications by any means,
shall not be violated. No warrant shall be issued except upon
probable cause, supported by oath or affirmation particularly
describing 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
returnable without delay, and shall never be suspended unless,

Jan. 9, 1967

being also the point of intersection of the middle of the Perdido
River with latitude 31 00' 00" north; thence east, along the
south boundary line of the state of Alabama, the same being
latitude 31' 00' 00" north, to the middle of the Chattahoochee

;E OF REPRESENTATIVES 5
in case of rebellion or invasion, suspension is essential to the
public safety.
Section 14. Bail.-Until adjudged guilty, every person de-
tained shall be entitled to release on reasonable bail with suffi-
cient surety unless charged with a capital offense and the proof
of guilt is evident or the presumption is great.
Section 15. Prosecution for crime-juvenile offenses.-
(a) No person shall be tried for capital crime without pre-
sentment or indictment returned by the affirmative vote of two-
thirds of the members of a grand jury of not less than eighteen
members, or for other felony without such presentment or in-
dictment or an information under oath filed by the prosecuting
officer of the court, except in cases in the militia.
(b) When authorized by law, a child, as therein defined,
may be charged with a violation of law as an act of delin-
quency instead of crime and tried informally without a jury or
other requirements applicable to criminal causes. Any child so
charged shall, upon demand, prior to a hearing 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 prosecutions
the accused shall have the right to a copy of the charges, to
have compulsory process for witnesses, to confront at trial
adverse witnesses, to be heard in person and by counsel, and to
have a speedy, public and impartial trial by 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 the accused may, before
pleading, elect the county in which to be tried. Venue for prose-
cution 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, corruption of blood, forfei-
ture of estate, indefinite imprisonment and unreasonable deten-
tion of witnesses are forbidden.
Section 18. Administrative penalties,-No administrative
agency shall impose a sentence of imprisonment, nor shall it
impose any 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 be-
come final.
Section 20. Treason.-Treason against the state shall con-
sist 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 opened to
every person for redress of any injury, and justice shall be ad-
ministered 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
number of jurors, not less than six, shall be fixed by law.
Section 23. Sovereign immunity.-Sovereign immunity from
liability in tort or contract shall not exist.

ARTICLE I
STATE BOUNDARIES-CAPITAL
Section 1. Boundaries.-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 87 31' 06" west intersect; thence to the
point where latitude 30 17' 02" north and longitude 87 31'
06" west intersect; thence to the point where latitude 30 18'
00" north and longitude 87 27' 08" west intersect; thence to
threpoint where the center line of the intracoastal canal (as the
same existed on June 12, 1953) and longitude 87 27' 00"
west intersect; the same being in the middle of the Perdido
River; thence up the middle of the Perdido River to the point
where it intersects the south boundary of the state of Alabama,

6 JOURNAL OF THE HOU
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. Mary's River; thence down the middle of said river to
the Atlantic Ocean, and extending therein to a point three ge-
ographic miles from the Florida coast line, meaning the line of
ordinary low water along that portion of the coast which is in
direct contact with the open sea and the line marking the sea-
ward limit of inland waters; thence southeastwardly following
a line three geographic miles distant from the Atlantic coast
line of the state and three leagues distant from the Gulf of
Mexico coast line of the state to and around the Tortugas Is-
lands; thence northeastwardly, three leagues distant from the
coast line, to a point three leagues distant from the coast line
of the mainland; thence north and northwestwardly, three
leagues distant from the coast line to a point west of the mouth
of the Perdido River, three leagues from the coast line, as
measured on a line bearing 0 01' 00" west from the point of
beginning; thence along said line to the point of beginning.
The coastal boundaries may be extended by law to such limits
as the laws of the United States or international law may per-
mit.
Section 2. Seat of government.-The seat of government
shall be the City of Tallahassee, in Leon County, where the
offices of the 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 pr:)clamation may for the period necessary
transfer the seat of government to another place.
ARTICLE II
GENERAL PROVISIONS
Section 1. Branches of government.-The powers of the
state government shall be divided into legislative, executive
and judicial branches. No person properly belonging to one
branch shall exercise any powers appertaining to either of the
other branches unless expressly provided herein.
Section 2. State seal and flag.-The design of the great seal
and flag of the state shall be prescribed by law.
Section 3. 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 teti more than one office under the gov-
ernment oftate a the state and thecounties and municipalities therein,
except that a notary public or military officer may hold another
office.
(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 o 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 4. 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 unavail-
able 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 emer-
gency. In exercising these powers, the legislature may depart
from other requirements of this Constitution, but only to the
extent necessary to meet the emergency.

S

ARTICLE III
LEGISLATURE
Section 1. Composition.-The legislative power of the state

E OF REPRESENTATIVES Jan. 9, 1967
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 des-
ignated 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.
Section 3. Sessions of legislature.-
(a) Organization sessions. On the fourteenth day following
each biennial general election the legislature shall convene for
the exclusive purpose of organization and selection of officers.
(b) Regular sessions. A regular session of the legislature
shall convene on the fourth Tuesday in January of each 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 pur-
view of the proclamation, or of a communication from the gov-
ernor, or is introduced by consent of two-thirds of the member-
ship of each house.
(2) Three-fifths of the membership of each house of the
legislature, by demand made as provided by law, may convene
the legislature in special session.
(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 extended be-
yond such limit by a two-thirds 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 membership.
(e) Adjournment. Neither house shall adjourn for more than
three days except pursuant to concurrent resolution.
(f) Adjournment by governor. If, during any regular or
special session, the two houses cannot agree upon a time for ad-
journment, the governor may adjourn the session sine die or to
any date within the period authorized for such session; provided
that, at least two legislative days before adjourning 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 the 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 man-
ner 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 that the
removal from public office.
(c) Each house shall keep and publish a journal of its pro-
ceedings, and the yeas and nays of the members on any question
shall, upon the request of five members present, 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
public and private documents and other evidence upon any mat-
ter under investigation before it or any of its committees, and
may punish by fine not exceeding one thousand dollars or im-

prisonment not exceeding ninety days any person not a member
who has been guilty of disorderly or contemptuous conduct in its
presence or has refused to obey its lawful summons or to answer
lawful questions. Such powers, except the power to punish, may
be conferred upon a designated committee of legislators for a
stated period of operation with reference to specific matters.

JOURNAL OF THE HOUSE

Punishment of contempt of an interim legislative committee shall
be by judicial proceedings as prescribed by law.
Section 6. Acts.-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 sub-section. 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 in each house shall be
taken by yeas and nays and entered on its 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. By
concurrent resolution adopted by both houses at a regular ses-
sion convened in an odd-numbered year, the legislature may
provide that business unfinished upon adjournment of that ses-
sion shall be carried over to the succeeding regular session.
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 days after
presentation. If during that period the legislature adjourns sine
die or takes a recess of more than thirty days, he shall have
twenty days from the date of adjournment or recess to act on
the bill. In all cases except general appropriation bills, the veto
shall extend to the entire bill. The governor may veto any spe-
cific appropriation in a general appropriation bill.
(b) When a bill or any item of a general appropriation bill
has been vetoed by the governor, he shall transmit his signed
objections thereto to the house in which the bill originated if 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 re-enact the bill or reinstate a vetoed
item of an appropriation bill by two-thirds vote, the yeas and
nays shall be entered on the respective journals, and the
bill shall become law or the item reinstated, the veto
notwithstanding.
Section 9. Effective date of laws.-Each law shall take ef-
fect on the sixtieth day after adjournment sine die of the ses-
sion of the legislature in which enacted, unless therein other-
wise provided.
Section 10. Special and local laws.-No special law or local
law shall be passed unless notice of intention to seek enactment
thereof has been published in the manner provided by law in
each county in the area to be affected, not less than thirty days
nor more than ninety days prior to introduction in the legisla-
ture. The fact that publication has been made shall be recited
on the journal of each house, and the evidence of publication
shall be preserved with the bill in the office of the secretary of
state. Such notice shall not be necessary when the law, 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 and local laws.-The legisla-
ture shall not pass any special or local law pertaining to:
(a) election, jurisdiction, duties or fees of officers, except
officers of municipalities or chartered counties;
(b) 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;
(c) rules of evidence in any court;

(d) punishment for crime;

(e) petit juries, including compensation of jurors, except
establishment of jury commissions;

Jan. 9, 1967

term of which shall exceed four years except as provided in
this constitution.
Section 15. 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 sys-

";E OF REPRESENTATIVES 7

(f) change of civil or criminal venue;
(g) conditions precedent to bringing any civil or criminal
proceedings, or limitations of time therefore;
(h) refund of money legally paid or remission of fines, pen-
alties or forfeitures;
(i) creation, enforcement, extension or impairment of liens
based on private contracts, or fixing of interest rates on pri-
vate contracts;
(j) disposal of public property, including any interest
therein, for private purposes;
(k) vacation of roads;
(1) private incorporation or grant of privilege to a private
corporation;
(m) effectuation of invalid deeds, wills or other instru-
ments, or change in the law of descent;
(n) change of name of any person;
(o) divorce;
(p) legitimation or adoption of persons;
(q) relief of minors from legal disabilities;
(r) transfer of any property interest of persons under le-
gal disabilities or of estates of decedents;
(s) fishing or hunting;
(t) regulation of occupations which are regulated by a
state agency;
(u) supplementation by any county or municipality of sala-
ries and office expenses payable from state funds; or
(v) any subject when prohibited by general law.
Section 12. Appropriation bills.-Laws making appropria-
tions for salaries of public officers and other current expenses
of the state shall contain provisions on no other subject.
Section 13. Required general laws.-The legislature shall
enact general laws providing for:
(a) the protection and promotion of the public health and
welfare, and natural resources of the state;
(b) suits against the state, its agencies and subdivisions;
(c) a state board of health and its powers and duties;
(d) such correctional and benevolent institutions as the
public good may require;
(e) a parole commission, prescribing the qualifications,
method of selection and terms of its members, which shall not
exceed six years, and empowering it to supervise persons on
probation and to grant parole or conditional releases to per-
sons under sentences for crime;
(f) adequate liens for mechanics and laborers on the sub-
ject matter of their labors;
(g) a public service commission composed of three commis-
sioners to be elected from the state at large and the powers and
duties of the commission;
(h) an annual audit of all accounts of the state, counties,
school districts and special districts;
(i) the speedy publication and distribution of all laws it
may enact;
(j) an auditor to serve at the pleasure of the legislature;
and
(k) carrying into effect all the provisions of this constitu-
tion.
Section 14. Term of office.-No office shall be created the

8 JOURNAL OF THE HOU

teams and boards for county, district or municipal employees
and for such officers 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.
Section 16. Terms and qualifications of legislators.-
(a) Senators. Senators shall be elected for terms of four
years, those from odd-numbered districts in the years the num-
bers 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.
(b) Representatives. Members of the house of represen-
tatives 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 and an elector and resident of the dis-
trict from which elected.
(d) Assuming office-vacancies. Members of the leg-
islature shall take office upon election. Vacancies in legislative
office shall be filled only by election as provided by law.
Section 17. Legislative apportionment.-
(a) Senatorial and representative districts. The legisla-
ture 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 forty nor more than fifty con-
secutively 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, overlapping or
identical territory. Should that session adjourn without adopt-
ing such joint resolution, the governor by proclamation shall
reconvene the legislature within thirty days in special appor-
tionment 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 apportion-
ment. In the event a special apportionment 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 appor-
tionment. Not 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 apportionment.
(c) Judicial review of apportionment. Within fifteen days
after the passage of the joint resolution of apportionment, 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 decree in apportionment-extraordinary appor-
tionment session. A judgment of the supreme court of the state
determining the apportionment to be valid shall be binding
upon all the citizens of the state. Should the supreme court
determine that the apportionment made by the legislature is in-
valid, the governor by proclamation shall reconvene the legisla-
ture within five days thereafter in extraordinary apportionment
session which shall not exceed fifteen days, during which the leg-
islature shall adopt a joint resolution of apportionment con-
forming to the judgment of the supreme court.
(e) Extraordinary apportionment session-review of appor-
tionment. Within fifteen days after the adjournment of an ex-
traordinary 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. Considera-

tion of the validity of a joint resolution of apportionment shall
be had as provided for in cases of such joint resolution adopted
at a regular or special apportionment session.

(f) Judicial reapportionment. Should an extraordinary ap-
portionment 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

J!

ing the next general election. 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 six months, 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.

SE OF REPRESENTATIVES Jan. 9, 1967

receiving the petition of the attorney general, file with the sec-
retary of state an order making such apportionment.
Section 18. Impeachment.-
(a) The governor, members of the cabinet, justices of the
supreme court and judges of other courts shall be liable to im-
peachment for misdemeanor in office. The house of representa-
tives by two-thirds vote of the members present 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 com-
mittee 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 an associate 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; provided that
the time fixed for such 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 con-
victed without the concurrence of two-thirds of the members
of the senate present. Judgment of conviction in cases of im-
peachment 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.

ARTICLE IV
EXECUTIVE
Section 1. Governor.-
(a) The supreme executive power shall be vested in a gover-
nor. He shall be commander-in-chief of all armed 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 information in
writing from all executive or administrative state or county
officers upon any subject relating to the duties of their respec-
tive offices.
(b) He 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 re-
strain any unauthorized act.
(c) He 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 ques-
tions 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) He shall have power to call out the militia to preserve
the public peace, to execute the laws of the state, to suppress
insurrection, or to repel invasion.
(e) He 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 department
as will promote efficiency and economy, and recommend meas-
ures in the public interest.
(f) He shall fill by appointment any vacancy in office, when
not otherwise provided by general law of uniform application,
for the remainder of the term if less than twenty eight months,
otherwise until the first Tuesday after the first Monday follow-

JOURNAL OF THE HOUSE

Section 2. Cabinet.-There shall be a cabinet composed of
a secretary of state, an attorney general, a comptroller, a
treasurer, a commissioner 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 prescribed by law.
(a) The secretary of state shall keep the records of the
official acts of the legislative and executive departments.
(b) The attorney general shall be the chief state legal
officer.
(c) The comptroller shall serve as the chief fiscal officer of
the state, and shall audit and settle all state accounts.
(d) 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.
(e) The commissioner of agriculture shall have supervision
of matters pertaining to agriculture except as otherwise pro-
vided by law.
(f) The commissioner of education shall have supervision
of matters pertaining to public education except as otherwise
provided by law.
Section 3. Election of governor and cabinet.-At a state-
wide general election in each calendar year the number of which
is even but not a multiple of four, the qualified electors shall
choose a governor and members of the cabinet each for a term
of four years beginning at noon on the first Tuesday after the
first Monday in January of the succeeding year. When elected,
each must be a qualified elector not less than thirty years of
age who has been a citizen and resident of the state for the
preceding ten 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 to that
office for the succeeding term.
Section 4. Executive departments.-All functions of the
executive branch of state government shall be allotted among
not more than thirty departments, exclusive of those specifically
provided for or authorized in this constitution. The administra-
tion of each department, unless otherwise provided in this con-
stitution, shall be placed by law under the direct supervision
of the governor, the governor and cabinet, a cabinet member,
or an officer or board appointed by and serving at the pleasure
of the governor, except that:
(a) The governor and the cabinet shall exercise with re-
spect to the policies of executive departments those powers
provided by law.
(b) 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.
(c) 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.
(d) The governor may, by executive order, propose any
reorganization of the executive branch, to a regular session
of the legislature within seven days following the convening
thereof, and such proposal shall become law on the adjourn-
ment sine die of the regular session unless either house of the
legislature disapproves the same by majority vote.
Section 5. Suspensions-filling office during suspensions.-
(a) By executive order stating the ground and filed with
the secretary of state, the governor may suspend from office any
state officer not subject to impeachment, any officer of the
militia not in the active service of the United States, or any
county officer, for malfeasance, misfeasance, neglect of duty,
drunkenness, incompetence, permanent inability to perform his
official duties, or commission of a felony, and may fill the office
by appointment for the period of suspension.
(b) The suspended officer shall be deemed to have acquiesced
in the suspension and surrendered all claim to the office unless
within thirty days from the filing of the suspension order he
shall file with the secretary of state a written demand for a

hearing, which shall be accorded promptly before the governor
or a disinterested cabinet member designated in writing by the

Jan. 9, 1967

(b) The game and fresh-water fish commission shall exer-
cise the non-judicial powers of the state with respect to wild
animal life other than salt-water aquatic life, except that all
license fees for taking wild life and penalties for violating
regulations of the commission shall be prescribed by specific

E OF REPRESENTATIVES 9

governor. All evidence supporting the suspension, and such
evidence as the officer may desire to offer in his defense, shall
be presented and recorded at the hearing and filed with the
secretary of state. The governor shall promptly file with the
secretary of state a further order stating his findings and con-
firming or revoking the suspension. If the order does not revoke
the suspension and reinstate the officer, the secretary of state
shall transmit to the senate, on the next day it is in regular
session, certified copies of the orders and the record of the
hearing. The senate may take further evidence and shall sustain
or disapprove the suspension. If it sustains the suspension or
fails to act before adjourning, the officer shall be removed from
office as of the date of the original order of suspension. If the
senate disapproves the suspension, the officer shall be rein-
stated for any remaining part of his term and shall receive
compensation from the state to the date of reinstatement or
to the date of expiration of his term, whichever is earlier. If
an order of suspension be transmitted to the senate more than
thirty days after the beginning of its session, consideration
thereof may be postponed to the next regular session of the
legislature. Removal proceedings shall not affect an officer's
criminal or civil liability. A person suspended from office and
not reinstated shall be ineligible to appointment to that office
for four years.
(c) By order of the governor any municipal officer indicted
for crime may be suspended from office until acquitted, and the
office filled by appointment for the period of suspension, unless
these powers are vested elsewhere by law or the municipal
charter.
Section 6. Clemency.-
(a) By executive order filed with the secretary of state, the
governor may 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 except treason.
(b) In cases of treason he may grant reprieves until ad-
journment of the regular session of the legislature convening
next after the conviction, at which session the legislature may
grant a pardon or further reprieve; otherwise the sentence
shall be executed.
Section 7. Succession to office of governor.-
(a) The secretary of state shall become governor upon
failure for a period of thirty days of the governor-elect to
qualify, or upon death, resignation or removal of the governor.
Further succession to the office of governor shall devolve next
upon the attorney general and thereafter as 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 incapacity,
the secretary of state shall act as governor. Further succession
as acting governor shall devolve next upon the attorney gen-
eral, and thereafter as prescribed by law. Incapacity 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 docketing of written sug-
gestion 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 supreme court by the gover-
nor declaring his incapacity for physical reasons to serve as
governor, and in such case restoration of capacity shall be
similarly established.
(c) A cabinet member holding office by executive appoint-
ment shall be ineligible to succeed to, or perform the duties of,
the office of governor under this section.

Section 8. Game and fresh-water fish commission.-
(a) There shall be a game and fresh-water fish commission
composed of five members appointed by the governor for terms
of five years, one term beginning on the first Tuesday after
the first Monday in January of each year. The commission
shall annually elect one of its members as chairman.

10 JOURNAL OF THE HOU

statute. The legislature may enact laws not inconsistent with
such regulations.
(c) The commission shall appoint, to serve at its pleasure,
a director who shall be its chief administrative officer.
(d) All funds resulting from the operation of the game
and fresh-water fish commission, all gifts to it, and all funds
appropriated to it shall be expended by the commission in the
management, restoration, conservation and propagation of wild
animal life other than salt-water aquatic life. The commission
shall not incur obligations in excess of current resources. No
member of the commission shall be paid any sum in excess of
expenses incurred in performing official duties.

ARTICLE V
JUDICIARY
Section 1. Courts.-The judicial power shall be vested in a
supreme court, district courts of appeal, circuit courts, county
courts, magistrates courts, and courts established for the trial
of offenses against ordinances of municipalities and chartered
counties. Administrative officers or bodies may be granted
quasi-judicial power in matters connected with the functions of
their offices, and their orders shall be reviewed as provided by
law.
Section 2. Administration-practice and procedure.-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;
(e) the transfer of any matter to the proper court when
the jurisdiction of any court has been improvidently invoked.
Section 3. Chief justice.-
(a) The chief justice of the supreme court shall be the
chief administrative officer of the judicial system.
(b) At the beginning of each regular session of the legisla-
ture the chief justice shall by message inform it of the condi-
tion of the judicial system and recommend measures for the
improvement of the administration of justice.
Section 4. 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 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 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 conflict with a decision of another district court of
appeal or 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 juris-
diction.

(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 commissions established by law and writs of mandamus
and quo warrant to state officers and state agencies.

IS

(b) Judges. There shall be one or more judges for each
magistrates court, as provided by law.
(c) Jurisdiction. The judges of magistrates courts shall
perform such duties and exercise such jurisdiction as shall be
prescribed by general law. Conditions upon which chartered
counties or municipalities may authorize magistrates courts

;E OF REPRESENTATIVES Jan. 9, 1967

Section 5. District courts of appeal.-
Appellate districts. The state by law shall be divided into
not less than four appellate districts of contiguous counties.
There shall be a district court of appeal in each district con-
sisting of not less than three judges. Three judges shall con-
sider each case, and the concurrence of two shall be necessary
to a decision.
(a) District courts of appeal shall have jurisdiction to
hear appeals, which may be taken as a matter of right, from
final judgment or decrees of trial courts, including those en-
tered on review of administrative action, not directly appeal-
able to the supreme court or a circuit court. They may review
interlocutor orders or decrees in such cases to the extent pro-
vided in rules adopted by the supreme court.
(b) They shall have the powers of direct review of admin-
istrative action prescribed by law.
(c) 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 nmardamuS, 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 exercise
any of the appellate jurisdiction of the circuit courts.
Section 6. Circuit courts.-
(a) Judicial circuits. The state by law shall be divided
into not less than seventeen judicial circuits, each composed
of one county or contiguous counties, and containing at least
one hundred thousand inhabitants according to the last decen-
nial census, except that the county of Monroe shall constitute
one of the circuits.
(b) Circuit courts. There shall be a circuit court in each
judicial circuit.
(c) Circuit judges. There shall be provided by law at least
one circuit judge in each circuit for each fifty thousand in-
habitants or major fraction thereof according to the last census
authorized by law. The county of residence of any circuit judge
may be fixed by law, but shall not be changed with respect to
an incumbent during his continuous tenure in office without his
consent.
(d) Jurisdiction. The circuit courts shall have all original
jurisdiction not vested in other courts, and the jurisdiction of
appeals from other trial courts which is prescribed by law.
They shall have power to issue writs of mandamus, injunction,
certiorari, prohibition, quo warranto, habeas corpus, and all
other writs necessary or proper to the complete exercise of
their jurisdiction. They shall have the powers of direct review
of administrative action prescribed by law.
Section 7. County courts.-
(a) County courts. In each county having a population of
not more than one hundred thousand, according to the latest
decennial census, there shall be a county court unless that
court shall have been abolished, and not re-established, by

(b) County judges. There shall be provided by law one
or more judges for each county court.
(c) Jurisdiction. County courts shall have the jurisdiction
prescribed by general law. Conditions upon which chartered
counties or municipalities may authorize county courts to issue
process and try violations of their ordinances may be provided
by law.
Section 8. Magistrates courts.-
(a) Courts. There shall be a magistrates court in each
county, or, if the county be divided by law into magistrates
court districts, in each magistrates court district. Magistrates
courts districts may be consolidated or changed by law.

JOURNAL OF THE HOUSE

to issue, process and try violations of their ordinances may
be provided by law.
Section 9. Additional judges.-Additional judges for any
court except the supreme court may be authorized by law only
upon certification of need by the supreme court.
Section 10. Specialized divisions of circuit courts.-
(a) In counties having a population in excess of one hun-
dred thousand, and in other counties when provided by law,
there shall be in the circuit court a juvenile division, a probate
division, a criminal division, and such other divisions as may
be established by law, each exercising the specific jurisdiction
fixed by law.
(b) Judges shall be appointed or elected to specialized di-
visions. All judges of the court shall have jurisdiction to hear
all causes within the jurisdiction of the court.
Section 11. Eligibility.-A justice or judge shall be a citizen
of the state and a resident within the territorial jurisdiction
of his court. A justice of the supreme court or judge of a dis-
trict court of appeal must have been a member of the bar of
Florida for ten years. A judge of a circuit court must have
been a member of the bar of Florida for five years. A judge
of a county court or magistrates court must be a member of
the bar of Florida unless otherwise provided by law.
Section 12. Vacancies.-
(a) The governor shall fill each vacancy in judicial office
by appointing one of not fewer than three persons nominated
by a judicial nominating commission established by law. If the
governor fails to make the appointment within thirty days
after the nominations have been certified to him, the supreme
court shall make the appointment from those so nominated.
Each appointment under this section shall be for a term end-
ing on the first Tuesday after the first Monday in January
following the next general election after the appointee has
served twelve months in office.
(b) There shall be separate judicial nominating commis-
sions for the supreme court, each district court of appeal and
each judicial circuit. The nominating commission for the su-
preme court and the nominating commission for each district
court of appeal shall make nominations for each vacancy in
the office of justice or judge of such court, and the commission
for each judicial circuit shall make nominations for each va-
cancy occurring in the office of judge of any court having
territorial jurisdiction exclusively within that judicial circuit.
(c) The composition of the nominating commissions, their
operating procedures, the terms of the members, which shall
be staggered, and the conditions of service thereon shall be
prescribed by law. No member shall hold office in a political
party, or be eligible to succeed himself after having served a
full term, or be nominated to judicial office by a commission
during or within one year after service thereon.
Section 13. Elections-terms.-
(a) Justices and judges shall be elected in nonpartisan elec-
tions as provided by law.
(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.
Section 14. 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
categories of courts;
(2) Two electors who have resided in, and been members
of the bar of, the state for eight years, appointed by the gov-
erning 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.

Jan. 9, 1967

Section 19. 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,

iE OF REPRESENTATIVES 11

(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 supreme
court may order that any justice or judge, except judges of
municipal courts and of courts of chartered counties, 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 except to complete a term half of which
he has served.
(f) A justice or judge involuntarily retired for disability
after ten years of judicial service shall thereafter receive re-
tirement pay as fixed by law not less than two-thirds his com-
pensation at time of retirement.
(g) This section shall be cumulative to the power of im-
peachment.
(h) 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 15. Prohibited activities.-Justices of the supreme
court, judges of district courts of appeal and judges of circuit
courts shall devote full time to their judicial duties. They shall
not engage in the practice of law or hold office in any political
party. Similar prohibitions with respect to judges of other
courts may be provided by law.
Section 16. Judicial salaries.-
(a) All justices and judges shall be compensated by state
salaries fixed by law. Salaries payable from state funds shall
not be supplemented by any county or municipality. Judges of
county courts and magistrates courts may also be compensated
for non-judicial services as provided by law.
(b) The salaries of justices and judges shall not be di-
minished during the terms for which they have been elected or
appointed, unless as part of a general reduction of salaries
applying uniformly to all salaried officers and employees of the
state.
Section 17. Grand juries.-
(a) The composition, length of service and number of grand
juries shall be prescribed by general law. For these purposes,
counties may be reasonably classified on the basis of population.
(b) A grand jury shall be convened in each county at least
once in each year.
(c) The proceedings of grand juries shall be regulated by
rules of the supreme court.
(d) Except as a reasonable incident to a report of its
findings relating to the care of public property, the conduct
of public business or the performance of duties by public offi-
cers or employees, no grand jury shall make a presentment,
other than a formal charge of crime, which is derogatory of
any person.
Section 18. State attorneys.-In each judicial circuit a state
attorney shall be elected for a term of four years by the
qualified electors to perform duties prescribed by law. State
attorneys shall appoint such number of assistant state at-
torneys as may be authorized by law.

12 JOURNAL OF THE HOU

ARTICLE VI
SUFFRAGE AND ELECTIONS
Section 1. Regulation of elections.-All elections by the
people shall be by direct and secret vote. General elections shall
be determined by a plurality of votes cast. Registration 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 eighteen years of age and who has been a permanent
resident for one year in the state and six months in a county
shall, upon registering as provided by law, be an elector of
that county at all elections. Provisions may be made by law
for other bona fide residents of the state who are at least
eighteen years of age to register and vote in elections of presi-
dential 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 vote under the Constitution and laws of the
State of Florida."
Section 4. Disqualifications.-No person convicted of a fel-
ony 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 general elec-
tion shall be held in each county on the first Tuesday after the
first Monday in November of each even-numbered year to choose
a successor to each elective state 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 for by law.

ARTICLE VII
LOCAL GOVERNMENT
Section 1. Counties.-
(a) Political subdivisions. The state shall be divided 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. In every county
there shall be a county seat, which shall not be moved except
as provided by general law.
(b) 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.
(c) Powers and duties. The powers, duties, qualifications
and terms of county officers, except as provided in a county
charter, shall be as prescribed by law. The care and custody of
all county funds and a method of reporting and paying out
all such funds shall be provided for by law.
(d) 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. After
each decennial census the board of county commissioners shall
divide the county into districts of contiguous territory as nearly
equal in population as practicable. One commissioner from each
district shall be elected by the qualified electors of the county.
(e) Non-charter government. Counties shall have the
power of self-government except as otherwise provided by gen-
eral or special law. The board of county commissioners of a

county not operating under a charter may enact, in a manner
prescribed by 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
conflict.
(f) Charter government. Counties operating under county
charters shall have all powers of local self-government not
inconsistent with general law. The legislative body of a county

!

(a) No tax shall be levied except in pursuance of law. Each
form of taxation except ad valorem taxes may be pre-empted
to the state by general law.
(b) No money shall be drawn from the treasury except in
pursuance of appropriation made by law.

-

SE OF REPRESENTATIVES Jan. 9, 1967

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.
(g) Taxes-limitation. Property situate within munici-
palities shall not be subject to taxation for services rendered
by the county exclusively for the benefit of the property or
residents in unincorporated areas.
(h) Violation of ordinances. Persons violating county
ordinances shall be prosecuted and punished as provided by law.
(i) County seat. The principal offices and permanent rec-
ords of all county officers shall be at the county seat. Branch
offices for the conduct of county business may be established
elsewhere in the county 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 the power of self-
government. They shall have governmental, corporate and
proprietary powers to enable them to conduct municipal govern-
ment, perform municipal functions and render municipal serv-
ices, 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 unincorporated
territory, merger of municipalities, and exercise of extra-terri-
torial 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 therein
may be consolidated into a single government which may exer-
cise any and all powers of the county and the several munici-
palities. A consolidation plan may be provided by legislative
act or by act of the governing bodies of each of the govern-
ments affected. A consolidation plan shall become effective if
approved by the electors of the county, or of the county and
municipalities affected as may be provided in the plan. Con-
solidation shall not extend the territorial scope of taxation for
the payments of pre-existing debt except to areas whose resi-
dents receive a benefit from the facility or service for which
the indebtedness was incurred.
Section 4. Transfer of powers.-Any functions or powers of
a municipality or a special district may be transferred to the
county in which the municipality 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. Cooperation between governmental units.-Any
local governmental unit may contract and cooperate with other
local governmental units, with the state, or with the United
States in the exercise of any of its authorized proprietary
functions for the planning, development, construction, acquisi-
tion, or operation of any public improvement or facility or for
a common service.
Section 6. Local options.-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 beer shall be regu-
lated by law.
ARTICLE VIII
FINANCE AND TAXATION
Section 1. Taxation-appropriations-state expenses.-

JOURNAL OF THE HOUSE

(c) Provision shall be made by law for raising sufficient
revenue to defray the expenses of the state for each fiscal
period.
Section 2. Levy-classification-assessment.-
(a) By general law regulations shall be prescribed which
shall secure a just valuation of all property for ad valorem
taxation. For the levying of taxes property may be classified
by general law on the basis of character or use, and the rate
of taxation shall be uniform in each class.
S(b) 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 obliga-
tions.
(c) No state ad valorem taxes shall be levied upon real
estate or tangible personal property.
Section 3. Motor vehicles.-In lieu of all ad valorem taxes,
motor vehicles, boats, airplanes, trailers, trailer coaches and
mobile homes, as defined by law, shall for their operation be
subject to a license tax in such amount and levied for such
purposes as may be prescribed by law.
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.
Section 5. Exemptions.-
(a) There shall be exempt from taxation, cumulatively, to
the head of a family residing in this state, household goods
and personal effects to the value of one thousand dollars, and
to every widow and every person who has lost a limb or been
disabled, property to the value of five hundred dollars.
(b) Any property used exclusively for municipal, educa-
tional, literary, scientific, religious, charitable or public pur-
poses may be exempted by law from taxation.
Section 6. Homestead exemptions.-
(a) Real estate, or any legal or equitable interest therein,
maintained as a bona fide permanent home for the owner or
another legally or naturally dependent upon him, shall be
exempt from taxation, except assessments for special benefits,
to the extent of five thousand dollars of assessed value. The
real estate may be held by legal or equitable title, by the en-
tireties, jointly, in common, or indirectly by stock ownership
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 married couple. No exemption shall exceed:
(1) the value of the interest of the owner, legal, equita-
ble or indirect, in the property assessed;
(2) within a municipality, the value of the real estate
actually occupied as the home; or

(3) outside a municipality, one hundred sixty acres of
contiguous land.
(c) By vote of its electors any county, municipality or
special district may eliminate or reduce the amount of such
exemption, or cause the same to be inapplicable, in whole or
in part, to the taxes levied for school, county, municipal or
special district purposes respectively. It shall be the duty of
the governing body of any county, municipality or special dis-
trict, upon petition of ten per cent of its qualified electors who
are freeholders, to call an election for such purpose. The elec-
tion may be held separately or with any other election not
sooner than two years after an earlier election under this
section.
Section 7. Pari-mutuel taxes.-All or any portion of the
excise taxes levied upon the operation of pari-mutuel pools may
be allocated by law and distributed to the several counties in

equal amounts.
Section 8. Aid to local government.-State funds may be

Jan. 9, 1967

quate provision shall be made by law for the establishment,
maintenance and operation of a uniform system of free public
schools and institutions of higher learning.
Section 2. State board of education.-The governor and
members of the cabinet shall constitute a state board of educa-
tion, which shall be a body corporate and have such supervision

E OF REPRESENTATIVES 13

appropriated to the several counties, county and district school
boards, municipalities or special districts upon such conditions
as may be provided by general law.
Section 9. Local taxes.-Counties and municipalities shall, and
special districts may, be authorized by law to levy taxes for
their respective purposes, except ad valorem taxes on intangible
property, and taxes prohibited by this constitution.
Section 10. Local school taxes.-County and school district
taxes for the support of public schools shall be authorized by
law. No ad valorem tax for current school operating expenses
in excess of ten mills on the dollar of assessed value of property
shall be levied except when higher maximum taxes, for periods
not exceeding two years, are approved by vote of the electors
of the county or school district who pay therein a tax on real or
personal property.
Section 11. 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 directly or indirectly to
aid any corporation, association, partnership, or person; but
this shall not prohibit the investment, until needed, of public
funds in obligations of, or insured by, the United States or any
of its instrumentalities, or the investment of trust funds as may
be provided by law. *
Section 12. State bonds and revenue bonds.-
(a) Bonds pledging the full faith and credit of the state may
be issued only to finance or refinance the cost of necessary
capital projects for state purposes. No vote of the electors
shall be required, provided (1) the bonds are issued to refund
outstanding state bonds; or (2) the bonds (i) other than refund-
ing bonds, shall not exceed in the aggregate in any fiscal year
five per cent (5%) of the total tax revenues of the state for
the two preceding fiscal years, (ii) shall not create in the aggre-
gate a state bonded debt in excess of the total tax revenues of
the state for the two preceding fiscal years, and (iii) shall not
be issued to finance any part of the highway system. The issu-
ance of all other bonds under this sub-section 12 (a) shall be
approved by a majority of the votes cast in a state election held
for such purpose.
(b) 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 necessary capital projects for state purposes and shall
be payable solely from funds derived from source other than
state tax revenues or rents or fees paid from state tax revenues;
except that revenue bonds issued to finance or refinance parts
of the state highway system may with consent of a county be
secured by a pledge of taxes on petroleum or other motor vehicle
propellant products allocated to such county to the extent author-
ized herein or by general law; and except that revenue bonds
may be issued pursuant to the provisions of Article XII, Section
10(d) of this Constitution.
Section 13. Local bonds.-Counties, county school boards,
district school boards, municipalities, and special districts may
issue bonds payable from ad valorem taxation only when author-
ized by law for capital projects and only when approved by a
majority of the votes cast in an election by the electors of
the county, school district, municipality or special district who
are owners of freeholds therein which are not wholly exempt
from taxation. No election shall be required for bonds issued
exclusively for the purpose of refunding outstanding bonds
or the interest thereon of such county, county school board,
school district, municipality or special district.

Section 14. 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 assessed.

ARTICLE IX
EDUCATION
Section 1. Free public schools and higher education.-Ade-

14 JOURNAL OF THE HOU

of public schools and institutions of higher learning as may
be provided by law.
Section 3. Board of regents.-The governor shall appoint a
board of nine regents for staggered terms of nine years, one
term beginning on the first day of each year, who shall have
the qualifications and the powers, duties and jurisdiction over
institutions of higher learning prescribed by law.
Section 4. School districts-school boards.-
(a) Two or more contiguous counties may be combined by
law into a school district. In each county or school district
there shall be a school board composed of five members meeting
requirements of residence fixed by general law and, if authorized
by local law, not more than six additional members meeting
residence requirements fixed by local law, all elected by the
electors of the county or school district for terms of four years
staggered as provided by law.
(b) The school board shall operate, control and supervise
all public schools within the county or school district and de-
termine the rate of county or school district school taxes. Two
or more counties or school districts may, if authorized by law,
operate and finance joint educational programs.
Section 5. Superintendent of schools.-In each county or
school district there shall be a superintendent of schools who
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; except
that, when provided by local law, subject to referendum in the
county or school district, the superintendent of schools shall be
appointed by and serve at the pleasure of the school board. The
local law may be repealed, subject to referendum in the county
or school district, only after it has been in effect for three
years. The qualifications, powers and duties of the superintend-
ent of schools shall be prescribed by law.
Section 6. Public school fund.-In each county and school
district there shall be established a public school fund con-
sisting of the proceeds of such ad valorem taxes on the taxable
tangible property in the county or school district as may be
provided by law, any state appropriations distributed to it,
and any revenue derived from any other source for the support
and maintenance of free public schools. The school board shall
disburse the public school fund shl fd olely for the support and
maintenance of free public schools as prescribed by general law.
No law shall be enacted authorizing the diversion or lending
of the fund or the use of any part of it for support of any
sectarian school.
Section 7. State school fund.-The state school fund shall
remain inviolate and interest derived from investment thereof
shall be applied exclusively to the support of free public
schools. This interest shall be apportioned among school dis-
tricts as provided by law.

ARTICLE X
MISCELLANEOUS
Section 1. Amendments to United States Constitution.-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 in-
habitants 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 gen-
eral, and the grounds and proceedings for their discipline and
removal shall conform to United States army regulations and
usages.

I!

Section 8. Repeal of criminal statutes.-Repeal or amend-
ment of a criminal statute shall not affect prosecution or punish-
ment for any crime previously committed.
Section 9. Felony-definition.-The term "felony" as used
herein and in the laws of this state shall mean any criminal

SE OF REPRESENTATIVES Jan. 9, 1967

Section 3. 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 home-
stead 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 4. Coverture and property.-There shall be no dis-
tinction between married women and married men in the hold-
ing, control, disposition or encumbering of their property, both
real and personal; except that dower or courtesy may be estab-
lished and regulated by law.
Section 5. Eminent domain.-
(a) No private property or right of way shall be taken
for a public purpose without just 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) Title and possession of the property may be taken be-
fore 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 reasonable after a hearing pursuant to
reasonable notice as provided by law.
(c) Any owner may accept or withdraw from the registry
of the court the deposit 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, of:
(1) rights of access to, or for drainage or irrigation of,
the land of one person over or through the land of another;
and
(2) private property in any slum or blighted area, for
the protection of the public health, safety and welfare, and
public funds may be used for this purpose.
Section 6. Lotteries.-All lotteries are prohibited other than
pari-mutuel pools regulated by law.
Section 7. 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 classifica-
tions 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.

JOURNAL OF THE HOUSI

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 10. Rules of construction.-Unless qualified in the
text the following rules of construction shall apply to this
constitution:
(a) "Herein" refers to the entire constitution.
(b) The singular includes the plural.
(c) The masculine includes the feminine and the neuter.
(d) "Vote of the electors" means the vote of the majority
of those voting on the matter in an election, general or special,
in which those participating are limited to the qualified electors
of the governmental unit referred to in the text.
(e) Vote or other action of a legislative house or other
governmental body means the vote or action of a majority or
other specified percentage of those members voting on the
matter. "Of the membership" means "of all members thereof."
(f) Titles and subtitles shall not be used in construction.
ARTICLE XI
AMENDMENTS
Section 1. Proposal by legislature.-Amendment of a section
or revision of one or more articles, or the whole, of this con-
stitution may be proposed by joint resolution agreed to by
three-fifths of the membership of each house of the legislature.
The full text of the joint resolution and the yeas and nays of
the members 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 twenti-
eth 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) twelve members selected by the governor;
(3) twelve members selected by the chief justice of the
supreme court of Florida with the advice of the justices; and
(4) six members selected by the speaker of the house of
representatives and six members selected by the president of
the senate.
(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 amendments 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 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.-The power to con-
sider a revision of the entire constitution is reserved to the
people. It may be invoked by filing with the secretary of state
a petition, containing a declaration that a constitutional con-
vention is desired, 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 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.

At the next general election held more than ninety days after
the filing of such petition there shall be submitted to the elec-

Jan. 9, 1967

(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 county.
(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-

E OF REPRESENTATIVES 15

tors of the state the question: "Shall a constitutional conven-
tion be held?" If a majority voting on the question vote 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 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 in each county in which a news-
paper 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 Constitu-
tion of Florida adopted in 1885, as amended from time to time,
is superseded by this constitution except those sections ex-
pressly retained and made a part of this constitution by ref-
erence.
Section 2. Counties-county seats-municipalities-districts.
"-The status of the following items as they exist on the date
this constitution 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 beer; 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.
Section 3. Sarasota county-homestead tax exemption.-
The status of Sarasota county as respects homestead tax ex-
emption under Article X, section 7, of the Constitution of 1885,
as amended, shall continue in effect until changed by the pro-
cedure specified in Article VIII, section 6(c) of this constitu-
tion.
Section 4. Officers to continue in office.-Every person hold-
ing 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 incumbent 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.-

16 JOURNAL OF THE HOL

tion of the county 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 county superin-
tendent of schools.
(c) Article III, section 11(u), and so much of Article V,
section 16(a), as relates to county supplementation of state
salaries, shall be effective only after June 30, 1969, and after
state laws provide salaries and expenses at least equal to the
aggregate being paid when this constitution becomes effective.
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 punish-
ment 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 cer-
tificates, revenue bonds and tax anticipation certificates issued
pursuant to the Constitution of 1885, as amended, by the state,
any agency, political subdivision or public corporation 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 sec-
tion, the applicable provisions of the Constitution of 1885, as
amended, are retained as a part of this constitution until pay-
ment in full of these public securities.
Section 10. Bonds.-
(a) Additional securities. No additional revenue bonds shall
be issued pursuant to section 17 of Article IX or section 19
of Article XII of the Constitution of 1885.
(b) Refunding bonds.-Revenue bonds heretofore issued to
finance the cost of capital projects for state purposes, including
projects of the Florida State Turnpike Authority but excluding
all portions of the state highway system, may be refunded at a
savings in interest cost by the issuance of bonds pledging the
full faith and credit of the state without regard to the amount
of bonds which may be issued in any fiscal year. Refunding
bonds, issued under this sub-section (b), shall be included in
determining the total authorized state bonded debt pursuant to
Article VIII, sub-section 12(a) of this constitution.
(c) Gasoline taxes--
(1) The second gas tax, consisting of two cents (2q4) per
gallon, shall be levied, as a state tax, upon gasoline, other like
products of petroleum and other fuels used to propel motor
vehicles for a period of fifteen (15) consecutive years after the
date this constitution becomes effective. The proceeds of the
second gas tax shall, as collected, be placed monthly in the
"State Roads Distribution Fund" in the state treasury and
shall be distributed for road and bridge purposes in the state as
hereinafter provided.
(2) Article IX, section 16, of the Constitution of 1885, as
amended, as it existed immediately before this constitution be-

comes effective is adopted by this reference as a part of this
constitution as completely as though incorporated herein ver-
batim for the sole and exclusive purpose of providing that after
the effective date of this constitution the proceeds of the
second gas tax shall be distributed among the several counties
in accordance with the formula stated therein to the extent, but
only to the extent necessary to fully comply with all obligations
to or for the benefit of persons holding bonds, revenue certifi-

I

(4) County courts shall have jurisdiction of civil cases
at law in which the demand or value of property involved shall
not exceed two thousand dollars, exclusive of interest, and of
the trial of misdemeanors, and all the jurisdiction immediately
theretofore exercised by county judges' courts; except the juris-
diction conferred upon magistrates courts.
(5) Magistrates courts in each county shall exercise in
their respective counties and districts the jurisdiction in civil

HA 9h,

SE OF REPRESENTATIVES Jan. 9, 1967

cates, and tax anticipation certificates or any refundings
thereof secured by a pledge of such revenue.
(3) No new obligations shall hereafter be entered into directly
or indirectly secured by a pledge of funds anticipated to be
distributed under the formula stated in said Article IX, section
16, except that any outstanding obligations previously issued
under said Article IX, section 16, may be refunded at a savings
in interest cost by the issuance of refunding bonds maturing not
later than the obligations refunded and secured by a pledge of
the same revenue.
(4) Subject to the requirements of paragraph (2) above, the
second gas tax shall be distributed monthly among the counties
in such manner that each county shall receive a sum, including
the amount received under sub-section (2), determined by alloca-
tion of the second gas tax among the several counties as follows:
one-third according to area and two-thirds according to popula-
tion, provided; should the amount distributed to any county
in any month pursuant to sub-section (2) exceed the sum which
would be allocated to that county by application of the formula
stated in this sub-section, the sums allocated to other counties
pursuant to this sub-section shall be proportionately reduced;
(5) Such funds so distributed under paragraph (4) above shall
be administered by the State Board of Administration, a body
corporate. Such board shall succeed to all the power, control and
authority of the State Board of Administration created under
said Article IX, section 16. Such board shall have, in addition to
such powers as may be conferred upon it by law, the manage-
ment, control and supervision of the proceeds of the second gas
tax. The board shall remit monthly the proceeds of the second
gas tax in each county account as follows: eighty per cent (80%)
to the State Road Department for the construction, reconstruc-
tion, lease or purchase of state roads and bridges within the
county, and twenty per cent (20%) to the Board of County
Commissioners of such county for use on roads and bridges
therein.
(6) Said board shall have the power to make and enforce all
rules and regulations necessary to the full exercise of the powers
hereby granted. The legislature shall continue the levies of said
taxes during the life of this sub-section 10(c) and shall not enact
any law having the effect of withdrawing the proceeds of said
two cents (20) of said taxes from the operation of this sub-
section. The board shall pay expenses for services rendered
specifically for, or which are properly chargeable to, the account
of any county from funds distributed to such county; but general
expenses of the board for services rendered all the counties alike
shall be prorated among them and paid out of said funds on
the same basis said tax proceeds are distributed among the
several counties; provided, report of said expenses shall be made
to each regular session of the legislature, and the legislature
may limit the expenses of the board.
(d) Article XII, Section 18 of the Constitution of 1885, as
amended, as it existed immediately before this constitution
becomes effective is adopted by this reference as a part of this
constitution as completely as though incorporated herein ver-
batim.
Section 11. Judiciary.-
(a) Jurisdiction of courts. After this constitution becomes
effective, and until changed by law consistent with Article V
hereof:
(1) The supreme court shall have the jurisdiction im-
mediately theretofore exercised by it, except original jurisdic-
tion in cases of habeas corpus.
(2) District courts of appeal shall have the jurisdiction
immediately theretofore exercised by them.
(3) Circuit courts shall have the jurisdiction immediately
theretofore exercised by them and by all the courts abolished by
this constitution, except the jurisdiction vested by this constitu-
tion in other courts.

JOURNAL OF THE HOUSI

cases and the trial jurisdiction in criminal cases exercised by
the respective small claims courts and justice of the peace
courts immediately before this constitution became effective,
each judge being limited to the jurisdiction theretofore exercised
by the court of which he was judge. All judges of magistrates
courts shall be coroners and committing magistrates.
(b) Transfer of pending cases-transfer of judges. When
this constitution becomes effective:
(1) All courts not herein authorized shall cease to exist
and jurisdiction to conclude all pending cases and enforce all
prior judgments shall vest in the court which, under this con-
stitution, would have jurisdiction of the cause if thereafter
instituted. All records of, and property held by, courts abolished
hereby shall be transferred to the proper officer of the appro-
priate court under this constitution.
(2) County judges in all counties having a population in
excess of one hundred thousand according to the latest decen-
nial census, the judges of all courts of record by whatever
name designated, and the judges of juvenile courts who hold
no other office, for the remainder of their respective terms of
office, shall become judges of the circuit court of the circuit in
which they reside. All judges of the criminal courts of record
of Dade, Duval, Hillsborough, Monroe, Orange, Palm Beach
and Polk Counties and of the felony court of Volusia County
and an appropriate number of judges of the civil and criminal
court of record of Pinellas County and the courts of record
of Broward and Brevard Counties shall be assigned by the
chief justice of the supreme court to service in special criminal
divisions of the circuit court. Judges of juvenile courts who
become judges of circuit courts shall be assigned to juvenile
divisions of the circuit courts, and county judges who become
judges of circuit courts shall be assigned to the probate di-
visions of the circuit courts.
(3) In counties having a population of not over one hun-
dred thousand according to the latest decennial census the
county judges shall become the judges of the county courts.
(4) Justices of the peace, and the judges of small claims
courts who hold no other office, shall become judges of magis-
trates courts, each serving, for the remainder of his term, a
magistrates court district identical with his former territorial
jurisdiction.
(c) Limited operation of some provisions.-
(1) The requirement of Article V, section 16, that all
justices and judges be compensated by state salaries fixed by
law shall not be effective until October 1, 1971.
(2) The qualifications for appointment or election to judi-
cial office fixed by Article V, section 11, shall not apply to the
future election of persons to judicial offices held by them im-
mediately after this constitution becomes effective.
(3) No justice or judge holding office immediately after
this constitution becomes effective who held state judicial office
on June 30, 1957, shall be subject to retirement from judicial
office pursuant to Article V, section 14.
(d) Number of judges. Until changed by law the number
of judges of the circuit court in each circuit shall be that num-
ber required by Article V, section 6 (c), increased by the num-
ber of judges of other courts becoming circuit judges by op-
eration of Article XII, section 11(b) (2), with one additional
judge in the circuit in which is located Duval county and one
additional judge in the circuit in which is located the state
capital.
(e) Non-judicial duties of county judges. Until otherwise
provided by law, the non-judicial duties required of county
judges shall be performed by the judges of the county courts
in counties in which that office exists, and in counties in which
there is no county court they shall be performed by the officers
to whom they may be assigned by proclamation of the governor.
(f) County solicitors, prosecuting attorneys. Until other-
wise provided by law, county solicitors and county prosecuting
attorneys, when those offices exist by law, shall prosecute the
classes of crime within the jurisdiction of their respective
offices immediately prior to the date this constitution becomes
effective.

(g) Population changes. The county judge of a county
which attains a population of more than one hundred thousand
inhabitants according to the decennial census taken next after

Jan. 9, 1967

Mr. Speaker pro tempore
Alligood Baker Brake Campbell
Alvarez Beck Brantley Clark
Andrews Bell Brasher Cleveland
Arnold Bird Briggs Collins
Ashler Blalock Brower Condon

E OF REPRESENTATIVES 17

this constitution becomes effective shall become, for the re-
mainder of his term, a judge of the circuit court of the circuit
in which the county is located and shall be assigned to the
probate division of that court.
Section 12. Ordinances.-Local laws relating only to unin-
corporated areas of a county on the effective date of this con-
stitution may be amended or repealed by county ordinance.
Section 13. Preservation of existing government.-All pro-
visions of the Constitution of 1885, as amended, which are not
inconsistent with this constitution shall become statutes subject
to modification or repeal as are other statutes.
Section 14. Consolidation and home rule.-Article VIII, sec-
tions 9, 10, 11 and 24, of the Constitution of 1885, as amended,
shall remain in full force and effect as to each county affected
until that county shall adopt a charter or home rule plan pur-
suant to this constitution.
Section 15. Deletion of obsolete schedule items.-The legis-
lature shall have power, by joint resolution, to delete from this
constitution any section of this Article XII, including this sec-
tion, when all events to which the section to be deleted is or
could become applicable have occurred. A legislative determina-
tion of fact made as a basis for application of this section
shall be subject to judicial review.
Section 16. Effective date.-This constitution shall become
effective at 12:01 o'clock A.M. Eastern Standard Time, July
1, A.D. 1967.
-was read the first time by title, ordered set forth in full in
the Journal, and referred to the Select Committee on Constitu-
tional Revision.

Committee of the Whole House
On motion by Mr. Rowell, at the hour of 9:54 A.M., the
House resolved itself into the Committee of the Whole House
with the Speaker to preside as Chairman.

House Reconvened
The House was called to order by the Speaker at 10:30 A.M.
A quorum was present.
On motion by Mr. Rowell, the House stood in informal recess
at 10:32 A.M. so that the Select Committee on Constitutional
Revision could organize.
The House was called to order by the Speaker at 11:05 A.M.
A quorum was present.

Report of Select Committee
Mr. Turlington reported the Select Committee had organized
and adopted a plan for functioning which would utilize House
Standing Committees.
On motion by Mr. Rowell, the House stood in informal recess
at 11:10 A.M.
The House was called to order by the Speaker at 11:12 A.M.
A quorum was present.
On motion by Mr. Rowell, the House adjourned at 11:16 A.M.
to reconvene at 2:45 P.M. today.

AFTERNOON SESSION
The House was called to order at 2:45 P.M. by the Speaker
pro tempore, Representative James Lorenzo Walker.
The following Members were recorded present:

Conway
Crabtree
Craig
Cramer
Crider
D'Alemberte
Danahy
De Young
Dubbin
Ducker
Eddy
Elmore
Featherstone
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gillespie
Graham
Grange
Griffin, B.

Griffin, J. J., Jr. Mitchell
Grizzle Murphy
Harris Myers
Hartnett Nichols
Hector Ninos
Henderson Osborne
Hodes Papy
Holloway Pettigrew
Humphrey Poorbaugh
Inman Pratt
Karst Prominski
Kennelly Pruitt
Klassen Rainey
Land Randell
Lewis Redman
Mann Reed
Martinez Reedy
Matthews Reeves
Mattox Register
McDonald, L. N. Renick
McDonald, T. S.Robinson
Middlemas Rowell
Miers Rude

Rust
Ryals
Sackett
Savage
Scarborough
Schultz
Sessums
Shaw
Singleton
Smith, K.
Smith, S. C.
Spicola
Stafford
Stallings
Storey
Sweeny
Tucker
Tyre
Wells
Whitson
Williams
Yancey
Yarborough

A quorum was present.
The Speaker pro tempore announced that the Speaker and
the President of the Senate were in conference with the Gov-
ernor regarding the situation produced by today's decision of the
U. S. Supreme Court on Florida legislative apportionment.

Jan. 9, 1967

Mr. Walker said that the Governor will address a joint ses-
sion tomorrow morning instead of this afternoon.

Recess
On motion by Mr. Rowell, at 2:48 P.M. the House stood in
informal recess to reconvene at the call of the Speaker.
The House was called to order by the Speaker at 3:38 P.M.
A quorum was present.

Announcement by the Speaker
The Speaker reported to the House on the prospects for fur-
ther court review of the State's legislative apportionment, and
said he felt the House should continue with its immediate task
of constitutional revision. Accordingly, the schedule of committee
meetings would be carried on. He said the joint session, in all
likelihood, now would be held at 11:00 A.M. Tuesday.

Adjournment
On motion by Mr. Rowell, the House adjourned at 3:47 P.M.
to reconvene at 10:00 A.M., tomorrow.

18

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]

EXTRAORDINARY SESSION

TUESDAY, JANUARY 10, 1967

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

De Young Kennelly
Dubbin Klassen
Ducker Land
Eddy Lewis
Elmore Mann
Featherstone Martinez
Fee Matthews
Firestone Mattox
Fleece McDonald, T.
Fortune Middlemas
Fulford Miers
Gallen Mitchell
Gautier Murphy
Gillespie Myers
Graham Nichols
Grange Ninos
Griffin, B. Osborne
Griffin, J. J., Jr. Papy
Grizzle Pettigrew
Harris Poorbaugh
Hartnett Pratt
Hector Prominski
Henderson Pruitt
Hodes Rainey
Holloway Randell
Humphrey Redman
Inman Reed
Karst Reedy

Reeves
Register
Robinson
Rowell
Rude
Rust
Ryals
Sackett
S.Savage
Scarborough
Schultz
Shaw
Singleton
Smith, K.
Smith, S. C.
Spicola
Stafford
Stallings
Sweeny
Tucker
Tyre
Walker
Wells
Whitson
Williams
Wolfson
Yancey
Yarborough

Excused: Representatives Chappell and Renick. Also excused
were Representatives L. N. McDonald, Sr., Sessums and Storey
to attend an Interim Committee meeting on Air & Water
Pollution in Tampa.
A quorum was present.
Prayer by Dr. Fred T. Laughon, Chaplain:
Our Father in heaven, we stand to place our lives in
Thy care so that we may better serve Thee and our fellow
man. Yet, as much as we wish to concentrate in behalf of
all other Floridians, we must admit our hearts are still
at home. Our families have to bear more of a sacrifice
for us to be here than anyone else. Please take away all
homesickness by lifting loneliness from our wives or our
husbands. Make this a day of joy for all our children. Be
the Great Physician to any of our loved ones who may be
sick. Forgive us if we left home without making right any
wrongs which our thoughtlessness may have inflicted. We
pray for additional strength for our business associates
who must do most of our own work so we may serve here.
Now that we can be at ease and trust that all is well at
home, guide us as we turn to our task of revising this
constitution to give all homes what we seek for our own.
In His holy name we pray. Amen.

The Journal
The Journal of January 9 was ordered corrected and, as
corrected, approved.

Recess
On motion by Mr. Rowell, the House recessed at 10:07 A.M.
until 10:45 A.M.

19

Mr. Speaker
Alligood
Alvarez
Andrews
Arnold
Ashler
Baker
Beck
Bell
Bird
Blalock
Brake
Brantley
Brasher
Briggs
Brower
Campbell
Clark
Cleveland
Collins
Condon
Conway
Crabtree
Craig
Cramer
Crider
D'Alemberte
Danahy

House Reconvened
The House was called to order by the Speaker at 10:45 A.M.
A quorum was present.

Remarks by Mr. Smith
On motion by Mr. Myers, the remarks made by The Honorable
Chesterfield H. Smith, Chairman of the Constitution Revision
Commission, while the House was sitting as a Committee of the
Whole House on January 9, 1967, were ordered spread upon the
Journal, as follows:
Mr. Speaker, Uncle Chesterfield, the older, distinguished Mem-
bers of the House of Representatives, it is a pleasure to bring
to you recommendations about Constitutional revision, a task
with which I have been engaged extensively for more than one
year.
A state government well structured to handle its govern-
mental functions will earn the confidence of its citizens. At pres-
ent, in my judgment, the State of Florida is poorly prepared to
meet the responsibilities which have been entrusted to it. A
modern constitution is the first and necessary step to qualify for
that confidence. Unless Florida does cast aside its antiquated
constitution, it will not win the confidence of its citizens and
in the natural and inevitable course of events, more and more
power will continue to gravitate to other levels of government
that more nearly meet the standards of competency. Florida
must modernize its legislative processes and procedures; it must
reorganize its executive branch; it must simplify its Courts
structure; it must reorganize its tax system; it must maintain
adequate planning and resource agencies and it must extend
home rule to its political subdivisions.
As each of you fulfills your individual responsibility in this
first historic legislative session to consider revision of our Con-
stitution as a whole, you should and must keep in mind that it
is only talk without substance to complain against the extension
of federal authority when our state fails to meet the govern-
mental needs of its people. Why did I say historic session ? I say
it because this is the first time the legislature, as a legislature,
has had the clear legal authority to propose to the people a
complete revision of our state constitution.
From 1885 until 1949, the legislature was required by our
constitution to limit each proposed constitutional amendment
to a single subject in a single section in a single article. The
people in 1950 approved an amendment which for the first
time permitted a single amendment to cover the subject matter
of a complete article of the constitution. The 1955 Legislature
saw the need for a revision of the entire constitution of the
state of Florida and they created the Florida Constitution
Advisory Commission. That Commission's recommendations
with modifications, were approved by the 1957 Legislature for
submission to the people. But because of its constitutional
limitations the Legislature, to insure a complete and modern
Constitution as a unit, attached a proviso that if any of the
amendments were disapproved by the people, all of them failed.
This attempt to avoid the constitutional proviso limiting con-
sideration to an amendment affecting only one Article was
quite commonly called a "daisy chain." Upon attack, the
Supreme Court rejected the daisy chain as unconstitutional
so the people never got to vote on that 1957 proposal.
Constitutional revision then seemed impossible of attainment
for this State. The only authorized way left to secure a com-
plete, modern, new constitution was by the calling of a con-
stitutional convention, and the majority of the Legislators then

serving were unalterably unwilling to call a constitutional
convention. The probable reason for their refusal was their
fear that legislative apportionment, as it then existed, would
be revised in a constitutional convention. In plain language, a
mal-apportioned Legislature, rurally dominated, was deter-
mined to perpetuate itself, regardless of the need by urban
areas for constitutional revision. Then, two very significant
events occurred which brought new hope for constitutional
revision. First, the Federal Courts injected themselves into
the question of legislative apportionment when the one-man,
one-vote concept was first laid down. That line of decisions
which at first seemed to be a horrendous extension of Federal
authority, is now generally recognized as being the only way
that fair apportionment of state Legislatures could have been
achieved. This fairly apportioned body, representative of the
people of the entire state, called together to consider con-
stitutional revision is the result. This body is the first legisla-
ture which has had the subject of constitutional revision before
it which did not also face the impasse of re-apportionment.
Second, the 1963 Legislature proposed to the electorate an
additional method of revising the entire constitution. This
method permitted an entire constitution to be proposed by the
Legislature itself to the people for acceptance or rejection,
thereby eliminating the daisy chain obstacle. That amendment
was ratified in the general election held in November of 1964,
but because its ratification required an adjudication by the
Supreme Court of Florida as to the validity of its passage,
which was not rendered until shortly before the convening
of the 1965 regular session, the Legislature just did not have
time to propose a complete revision of the constitution. This
then is the first duly constituted Legislature that has had
the opportunity to propose a complete revision of our con-
stitution to the people.
Instead of proposing a complete revision, the 1965 Legisla-
ture created the Florida Constitution Revision Commission,
stating that our present constitution is in dire need of re-
vision and directing our Commission to eliminate obsolete,
conflicting and unnecessary provisions and to frame an orderly
and properly arranged constitution based on the present eco-
nomic and social conditions. This we have done. Our report
is now before this historic session of the Legislature which
session will be recorded forever in the annals of Florida
history.
You may be interested to know that during its existence
as a State, Florida has had five constitutions, three of which
were primarily the product of the Civil War and Reconstruc-
tion. The present constitution framed in 1885 and effective
since 1887, has been the object of growing criticism, partic-
ularly during the past two decades. Framed to provide the
basis of State government for a rural society, before the
discovery of electric lights, automobiles, television or jet air-
craft, the existing document has become increasingly inade-
quate to meet the pressing needs of the most rapidly growing
state of the nation, which is now, predominantly urban in
nature.
There are major weaknesses in our constitution. For ex-
ample, it is replete with documentary decisions such as in-
consistencies, contradictions and obsolete provisions. We find
throughout it incorporation by reference of legal enactment
not otherwise in the constitution. We find a scattering of
related provisions throughout the document. We find much
material that any student of government properly would rec-
ognize as a statutory and not a constitutional matter.
Of a far greater significance, there are major substance
weaknesses in our constitution which reflect the political situa-
tion of 1885 and the vagaries of Florida politics during the
intervening years.
Among other matters which have received substantial criti-
cism is the dispersion of executive power and responsibility,
the proliferation of boards and commissions, the inflexible
scope of permissible policy, the limitations on governmental
powers and duties, and the excessive detail of an essential
statutory nature.
In 1885 the long-time residents of this state had just re-
gained control of the state government from those people who
had exercised control over it in the twenty years following
the end of the Civil War. I believe that it is a fair statement

to say that those people who had controlled our state govern-
ment were not the best people then in our State, nor were they
the best people in the States from which they had recently
come. We called them carpet-baggers, and that they were. As

Jan. 10, 1967

government officials they quite commonly had engaged in fraud,
corruption, and other chicanery. The people distrusted the
Legislature just as they distrusted the executive and the courts.
It is natural that when they regained control of their govern-
ment, they wanted to create a weak legislative body without
the authority that a legislative body traditionally had had.
Under our system of Federal government, the states grant
powers to the Federal government in the Federal Constitution.
Unless specifically authorized therein, the Federal government
has no power. Under our system of state government, the
Legislature may exercise all powers not expressly prohibited
to it by its Constitution or which we have not ceded away
to the Federal government. In our Constitution of 1885, the
people imposed limitation after limitation upon the Legislature
so that it was a weak body. They also created a weak execu-
tive, without leadership. They put checks and balances on the
Executive within his own branch of government so that he
couldn't take effective action to meet the people's demands from
their government without the approval of other elected officials.
These areas certainly explain the existing defects of sub-
stance. They do not explain the omission from the document
of flexible provisions that would render it a more effective
instrument for meeting our ever increasing public needs.
As you study the existing Constitution and our proposal,
those defects will become obvious to you. It is interesting that
the present Florida Constitution has more than 50,000 words
in it. Compare it with the Federal Constitution which has
slightly in excess of 6,000 words. The model state constitution
prepared by the Council of State Governments has approxi-
mately 12,000 words. Our proposed new constitution has some-
where between 15,000 and 16,000 words. These extra words
in our existing Constitution don't do anything for our people,
and they make the problem of a citizen who intelligently wants
to understand it, at best, exceedingly difficult.
You also should know that there has never been a regular
session of the Legislature since 1887 which did not propose to
the people amendments to the present Constitution. During its
81 years of existence, a total of 212 proposed constitutional
amendments have been submitted to the electorate; of those, 149
have been adopted. It is not surprising that our much amended
constitution does not now meet the needs of our urban society,
Almost fifty percent of the proposals to amend our constitution
have originated in the Legislature in the 20 years since the end
of World War II. Approximately twenty-five percent of those
proposals originated in the 1961, 1963, and 1965 legislative ses-
sions. To demonstrate the ever increasing trend of amendments,
the individual Members of the 1965 Legislature introduced a
total of 111 Joint Resolutions representing 83 separate pro-
posals. Of those proposals, 18 were approved-five by emergency
action for submission to the people in November of 1965 and
the remaining 13 for submission in November of 1966.
I submit, Mr. Speaker, that this ever increasing number of
changes in the document necessarily reflects its growing inad-
equacy. The proliferation of amendments can only produce a
confusing and sometimes conflicting conglomeration of provi-
sions, the viable rather than a basic instrument of government
to which the most rapidly growing State in the nation is now
entitled.
A desirable State Constitution certainly should outline the
framework of government, assign and limit power, prescribe the
manner in which its functions may be discharged, and establish
safeguards for the protection of personal and property rights.
Our study as your technicians on constitutional revision has
indicated that a good constitution always includes many basic
matters. First, a good state constitution should be consistent
with the Constitution of the United States, which contains limi-
tations on both state and national power. Our commission in
drafting our recommendations has attempted to be loyal Florid-
ians but be loyal Americans first. Our proposal is consistent
with our Federal Constitution.
Second, a good constitution should contain a Bill of Rights
which guarantees to all our citizens basic personal and property
rights. From our recommendations, you will see that we have
considered this subject seriously and that we have brought to
your attention the most modern thinking on this important sub-
ject.

Third, a modern organic law should provide the framework
of government and establish a sound balance of power among
the various branches.
Fourth, a sound constitution must lay down rules for the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

exercise of those powers in clear terms, extending to each branch
ample authority to discharge its proper functions.
Fifth, our constitution should be expressed in clear, simple
language, readily intelligible to the average citizen. Faulty
drafting, obscure and technical phraseology, inconsistencies,
poor organization and retention of obsolete provisions unfor-
tunately characterize our present document. Certainly, all of us
know that greater care should be exercised in writing a basic
constitution than in drafting ordinary statutory law. Use of
language in exact legal context, simplicity and clarity of ex-
pression, are among the hallmarks of a sound modern instru-
ment of government.
Sixth, our constitution should be confined to matters of a
fundamental nature. At the present time, our fundamental law
contains a mass of details dealing with temporary matters with
the particularity normally characteristic of statutory law.
As you face this historic task of drafting a new constitution,
I suggest that the most difficult thing that you will have to do
is to face up to the reality that someone else besides you has
intelligence. Legislators of twenty and thirty years from now
should be granted the flexibility to meet problems as they then
exist without a present restriction imposed by you. If you de-
termine something is needed now, it is not necessary that you
also determine that it will be needed forevermore.
You should be very careful about what is put into our modern
constitution. It should be drafted in short, clear words of broad
authority and grants of power. You should give future Legisla-
tors the flexibility to meet the needs of government under the
then existing conditions. The Constitution you are drafting
should last for 100 years, not just for this year. You must not
restrict those who will face different problems in the future.
When you wrestle with the vexing question of home rule, you
will have to waive what you think is presently best for each
locality against the over-riding principle that people in that
locality should be entitled by their vote to decide what form of
government they want at any time in the future. The form of
county government needed for Hillsborough County may not be
needed for Liberty County, nor DeSoto County, nor Polk County.
I submit that the people of those areas should have the flexi-
bility to decide what kind of local government they want. Our
Commission found that each Member had a tendency to add and
add more and more provisions in any subject matter in which
he had a special interest; and decided that we knew now what
was right and that it should be so drafted as to be permanent
when of course, that just is not good constitutional draftsman-
ship.
Seventh, last and perhaps above all, proper provision must
be made in our modern Constitution for further changes when
conditions make changes desired. As an individual, and as your
agent, who was directed by you to make this study, I have con-
cluded that the single most important thing that this historic
Legislature can do-is to give to the people forevermore the
power to amend and revise their constitution in the future with-
out the interference of the Legislature, or without the inter-
ference or the veto of the Chief Executive. The people them-
selves, should have the right to initiate changes in their con-
stitution in the future if they want to do so. If no other thing
is achieved here, that, in and of itself, justifies a complete con-
stitutional revision.

You will find in your deliberations that it will be impossible
to draft a constitution with which all Members agree. The
recommendation of our Commission was not endorsed in each
particular matter by all of our members. There are provisions
therein with which each of us disagreed. You will do the same
in your product. A complete constitution is so complex that it
necessarily touches every facet of the governmental, social and
economic life of our State. You will have to weigh the evidence
and see whether the preponderance is with the modern con-
stitution, or with the antiquated constitution. You will never
draft a proposal that will satisfy each of you in all respects.
I reiterate then that the most important thing in this modern
constitution is to recognize that conditions will change and that
the people's demands for government will change. Neither the
Legislature nor the Executive should be allowed in the future
to block constitutional amendment or constitutional revision.
The people must be the great repository of power to change the
constitution. If this is achieved in this historic session, it will
have served a monumental purpose.

Mr. Speaker, the Legislature assigned to us the task of mak-
ing recommendations for a new constitution. We have done so.

21

We recognize that our proposal is not an infallible document.
We did work hard and we are proud of the result. We do believe
that you can and will make improvements in it. All of our ma-
terials are available to you. As individuals, we are willing to
appear before your committee and give you the benefit of argu-
ments pro and con on each issue.
The final solutions of what should be included in the modern
constitution for Florida are up to you. That was never our task
nor was it our assignment. Our task was to make recommenda-
tions, as the historic function of submitting it to the people was
properly reserved to the Legislature. As your servants, we are
proud of the way we have discharged the responsibility en-
trusted to us. The final outcome is now up to you. If we can
assist you further, we will be happy to do so.
On behalf of the Florida Constitution Revision Commission
and each individual member thereof, I thank you for the op-
portunity you have given to us to contribute to meeting the most
pressing governmental need of modern Florida.

Message from the Senate
The Honorable Ralph D. Turlington
Speaker, House of Representatives

January 10, 1967

Sir:
I am directed to inform the House of Representatives that
the Senate has adopted with amendments-
By Representative Turlington-
HCR 3-X(67)-A Concurrent Resolution providing that the
House of Representatives and the Senate convene in joint ses-
sion in the chamber of the House of Representatives at 3:00
P.M., January 9, 1967, to receive the Governor's Message on
Constitutional Revision.
WHEREAS, His Excellency Claude R. Kirk, Jr., Governor of
Florida, has expressed a desire to address the Legislature of
Florida in joint session on this day, Monday, January 9, 1967;
NOW THEREFORE,
Be it Resolved by the House of Representatives, the Senate
concurring:
That the House of Representatives and the Senate convene in
joint session in the chamber of the House of Representatives at
3:00 P.M., this day, Monday, January 9, 1967, for the purpose
of receiving the Governor's Message on Constitutional Revision.
Amendment 1-
In line 10, page 1, strike: Monday, January 9, 1967; and
insert the following: Tuesday, January 10, 1967;
Amendment 2-
In lines 16 and 17, page 1, strike: 3:00 P.M., this day, Monday,
January 9, 1967, and insert the following: 11:00 A.M. Tuesday,
January 10, 1967,
Amendment 3-
In Title, line 4, page 1, strike: 3:00 P.M., January 9, 1967,
and insert the following: 11:00 A.M., January 10, 1967,
-and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
On motions by Mr. Rowell, the House concurred in Senate
Amendments 1, 2 and 3 to HCR 3-X(67). The action was
certified to the Senate and the concurrent resolution was or-
dered engrossed.

JOINT SESSION
Pursuant to the provisions of HCR 3-X(67), the Members
of the Senate, escorted by the Sergeant-at-Arms of the Senate
and the Sergeant-at-Arms of the House, appeared at the door
of the House and were seated in the Chamber.
The Speaker asked the President of the Senate to preside
at the opening of the Joint Session.

Jan. 10, 1967

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

THE PRESIDENT OF THE SENATE IN THE CHAIR
The roll of the House was taken and the following Members
were recorded present:

De Young
Dubbin
Ducker
Eddy
Elmore
Featherstone
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Grange
Griffin, B.
Griffin, J. J., Jr.
Grizzle
Harris
Hartnett
Hector
Henderson
Hodes
Holloway
Humphrey
Inman
Karst

Kennelly Reeves
Klassen Register
Land Robinson
Lewis Rowell
Mann Rude
Martinez Rust
Matthews Ryals
Mattox Sackett
McDonald, T. S. Savage
Middlemas Scarborough
Miers Schultz
Mitchell Shaw
Murphy Singleton
Myers Smith, K.
Nichols Smith, S. C.
Ninos Spicola
Osborne Stafford
Papy Stallings
Pettigrew Sweeny
Poorbaugh Tucker
Pratt Tyre
Prominski Walker
Pruitt Wells
Rainey Whitson
Randell Williams
Redman Wolfson
Reed Yarborough
Reedy

Because of public business elsewhere, Representative Yancey
was excused from attendance upon the Joint Session.
The roll of the Senate was called and the following Senators
answered:

Deeb
de la Parte
Edwards
Elrod
Fincher
Fisher
Friday
Gibson
Gong
Greene
Gregory
Gunter

Haverfield
Hollahan
Horne
Johnson (19th)
Johnson (37th)
Knopke
McCarty
Mathews
Ott
Poston
Ryan
Sayler

Shevin
Slade
Spencer
Spottswood
Stolzenburg
Thomas
Weissenborn
Whitaker
Wilson
Young

A quorum of the Joint Session was declared present.
Prayer by Dr. Fred T. Laughon, Chaplain of the House:
Heavenly Father-We do not have to pray before we
work; but we do it because we want to. We do it because
it puts all our work in a nobler setting. This prayer re-
minds us we are about Thy business. This moment of closed
eyes says we want to see with Thy eyes. This moment of
bowed head and bent knees says we want our wills bent to-
ward Thee. Bless Thou, our Governor, our Senators and our
Representatives as together they do Thy noble work.
Through Jesus Christ, Our Lord. Amen

Committee to the Governor
On motion by Mr. Rowell, the President appointed Senators
Deeb of the 38th District, Fisher of the 10th District and
Sayler of the 29th District and the Speaker appointed Repre-
sentatives Ashler, Bell and Savage as a joint committee to notify
Governor Claude R, Kirk, Jr., that the Legislature was as-
sembled and ready to receive his message.
The Joint Session stood in informal recess while the com-
mittee escorted Governor Kirk from his Office to the rostrum.

Address by the Governor
The President then presented Governor Kirk, who addressed
the Joint Session as follows:
Destiny has given to you the opportunity to live in history.
How I envy you for yours is the privilege to consider and,
hopefully, to approve a new, vibrant, living Constitution
for Florida, our first step together along the pathways to
progress.

Jan. 10, 1967

Mr. Speaker
Alligood
Alvarez
Andrews
Arnold
Ashler
Baker
Beck
Bell
Bird
Blalock
Brake
Brantley
Brasher
Briggs
Brower
Campbell
Clark
Cleveland
Collins
Condon
Conway
Crabtree
Craig
Cramer
Crider
D'Alemberte
Danahy

I single these men out for no special purpose other than to
illustrate the diversity of membership of the Commission.

22

None among us here can dispute that Florida has long been
in need of a new Constitution. The past two decades have been
marked with consistent attempts and just as consistent
failures to provide the people of our state with new guide-
lines for living, new rules of government.
Committee after committee, group after group, individual
after individual, have continually cried the need of a new Con-
stitution for Florida.
Florida's original Constitution was drafted in 1838 by a con-
vention which assembled in the city of St. Joseph.
Later Tallahassee became the Capital of our state and be-
came the scene of four constitutional conventions.
In 1865 our State Government was reorganized under Presi-
dent Andrew Johnson's plan of Federal Reconstruction.
This Constitution was superseded in 1868 by a new document
which was later amended in 1875 and in turn superseded by our
present Constitution adopted in 1885.
So it must be apparent that many of the ills and shortcomings
of our present Constitution can trace their roots to the Ante-
bellum era.
The past two decades have been marked by ever increasing
interest in total revision of our much amended Constitution of
1885.
The Florida Bar Association published two drafts of "A
proposed constitution for Florida ." one in 1947 and one
in 1949.
A Governor's committee appointed in 1954 again tackled
this perplexing problem. The Chairman of that group was
the Honorable William A. McRae, Jr. of Bartow.
The following year the 1955 Legislature created the Florida
Constitution Advisory Commission chaired by the late Hon-
orable Wallace E. Sturgis. Among its members were former
Governors Haydon Burns and Fuller Warren as well as
several members of the present Constitution Revision Com-
mission, including Justice Harold L. Sebring, Judge Hugh M.
Taylor, Senator Elmer O. Friday and Representative Henry
W. Land.
Their work was presented to the people of Florida in 1957.
However, it contained the unfortunate "daisy chain" provision
which nullified this effort.
Two series of amendments were proposed in 1959 in an
article by article approach to the revision of the constitution.
Both of these proposed revisions died in the Senate.
The Florida Bar published a third draft of its "proposed
constitution for Florida" in 1960 and a fourth draft in 1961.
A series of proposals edited by Judge Taylor was introduced
in 1961. The result was approval of two sections-the preamble
and description of the state's boundaries. These portions and
the revision of Article 5, dealing with judiciary, which was
approved in 1956-are the only areas entirely revised in our
Constitution since 1885.

We are now finally on the threshold of realizing the dream
of so many of our citizens of the past. Within your grasp is
the opportunity to lay the cornerstone for modern government.
A government capable of standing the test of time and change,
and one which will serve well all of the people of Florida.

In 1964, Floridians provided a new method for revising
the constitution. Given this opportunity the Legislature of
1965 created the Florida Constitution Revision Commission.

Named to serve on the commission were 37 dedicated Florid-
ians who represented all facets, all areas, all walks of life. They
were charged to meet and exchange their views-argue their
philosophies-and create a living document for the people.
Among the 37 were such men as Speaker of the House of
Representatives Ralph Turlington, Senator John E. Mathews,
Jr., the Honorable Chesterfield H. Smith, Chairman of the
Commission; Justice Harold Sebring, Judge Thomas Barkdull,
Rep. Donald Reed, Mr. Charlie Harris, Justice Stephen C.
O'Connell, Mr. William Baggs, and Attorney General Earl
Faircloth.

Mr. President
Askew
Bafalis
Barron
Barrow
Boyd (15th)
Boyd (28th)
Broxson
Chiles
Covington
Davis (5th)
Davis (27th)

JOURNAL OF THE HOUSE

These members represented the working man, the press, the
judiciary, the political parties, the legislature, the cabinet-all
areas of Florida life.
We all watched the Commission hold its organization meeting
on Janaury 11, 1966, in Tallahassee. Two additional full con-
ventions were held in March and April.
Numerous public hearings were held in your various areas
of the state in the interim by eight committees. We the citizens
of Florida were invited and in fact I am sure many of you did
attend these committee hearings.
All minutes and all proposals of all committees were dis-
tributed at the Democratic caucus in St. Augustine in May,
1966. Similar information was mailed to all Members not in
attendance and to all Democratic and Republican nominees at
the close of that caucus.
Further, House and Senate nominees of both parties were
mailed during the early part of July, 1966, the first preliminary
proposed draft of the constitution. The second draft was mailed
on November 10, 1966, to all duly elected legislators.
Copies of that second draft were also presented to many in-
terested agencies and organizations including the League of
Women Voters, the County Judges' Association, Sheriffs' As-
sociation, and the Dade County Chamber of Commerce, just to
name a few.
Just last month the Commission met once again. For three
weeks as you, I, and Florida listened, they deliberated, they
discussed, they debated, they detailed and finally forged the
document you are now considering.
I would be less than candid if I did not admit I find some
fault with this document. Had I been its sole author certainly
the provisions dealing with the Executive branch would be more
detailed with areas of responsibility more clearly defined.
I would have made more clear cut the line of gubernatorial
succession in the event of incapacitation or death of an in-
cumbent Governor by providing for the office of Lieutenant
Governor.
Again, had I been the author, I would not have limited the
appointive power of the chief executive in the sensitive judicial
area.
But I was not and cannot be its author only a few have
the privilege, as do you now, to bring your best talents to this
task. Thus this document is not and the final will not be the
work product of one man, or of one philosophy but rather it
represents the composite thinking of many yet a select few
people.
Though I find some fault, I also find much favor in this work.
Because of this I can in clear conscience recommend its adoption
in substantially the form you find it today.
This proposal contains progressive concepts such as annual
legislative session, responsive local government, automatic re-
apportionment, constitutional amendment by initiative of the
people, and it carries on the historic preservation of individual
rights.
Yet there are other areas within this document which are
in need of your critical examination.
These areas include the new provisions for state urban
renewal, judicial selection, voting privileges for 18 year-olds,
and the description of our State boundaries.
I am well aware that my calling of this special session has
caused discomfort, inconvenience and perhaps even distress to
some of you here today. But I also am aware that Florida's
antiquated constitution has caused discomfort, inconvenience
and much distress to the citizens of Florida for too long a time.
Yesterday I reported that the act of calling the Florida
Legislature into special session for constitutional revision had
simultaneously afforded us an opportunity to demonstrate the
validity of Florida's legislative reapportionment formula.
My proclamation to convene the Legislature in special ses-
sion triggered a legal move aimed at preventing such a session.
This, in turn, precipitated an immediate reaction from the
United States Supreme Court on the apportionment formula.
The Court stated it felt not enough evidence had been shown
to justify the formula.

The leadership of both branches of the Legislature, the
Attorney General and I agreed in the sure knowledge that
sufficient supporting evidence does exist to demonstrate the

Jan. 10, 1967

Engrossing Report

January 10, 1967

Your Engrossing Clerk to whom was referred-
HCR 3-X(67)
-with amendments, reports the amendments have been in-
corporated and the concurrent resolution is herewith returned.
Irma Linn
Engrossing Clerk
-and the concurrent resolution was ordered enrolled.

Adjournment
On motion by Mr. Rowell, the House adjourned at 11:40 A.M.
to reconvene at 9:30 A.M. tomorrow.

;E OF REPRESENTATIVES 23

validity of the present formula and that such evidence can
and will be presented to the court perfecting the record. There-
fore after years of cloud finally the federal reapportionment
"Sword of Damocles" is sheathed.
Article 17 of the Constitution requires that the Secretary
of State publish notice twice in one newspaper in each of
Florida's 67 counties of the election for adoption of the pro-
posed Constitution.
First publication must be made not less than eight weeks
nor more than 10 weeks before such a special election is held.
Assuming you finish your work here within 29 days of
today, the constitutional time schedule will permit meeting
legal publication requirements and holding of an election on
April 18.
An earlier election date would, of course, be more desirable.
But April 18 is sufficiently early in the regular session which
begins April 4th to enable you to implement the new Con-
stitution if approved.
In the event the Constitution you adopt here is rejected
by the people, the time schedule still allows for the introduc-
tion of critical constitutional amendments for consideration by
the people in November.
It further became necessary to set this early date so we
would not find ourselves in the incongruous position of passing
laws during a regular legislative session which would only
have been nullified by a subsequent constitutional revision.
To avoid such a debacle I set this early starting date.
We and the people of the world know democracy is not an
easy process. It demands dedication and sacrifice. You, by
seeking the votes of your fellow citizens as their represent-
atives in Florida's legislature have shown your willingness to
serve these demands.
How many moments in world history have witnessed the
writing of a constitution of free men ?
I have done all that fate has given me the opportunity to do.
You are the dedicated few to whom has fallen the privilege
of shaping our future under the watchful eye of the world.
I have said before "many events, some major, some minor,
serve to shape the destiny of men and nations and states."
You are now here in this golden moment shaping the destiny
of Florida in the very most major manner. A history is
inevitable your efforts will effect our history history
will reflect your efforts.
Thank you.

THE SPEAKER IN THE CHAIR
The Committee then escorted the Governor from the House
Chamber.
On motion by Senator Whitaker of the 34th District, the
Joint Session was dissolved and the Senators retired to the
Senate Chamber.

House Reconvened
The House was called to order by the Speaker at 11:35 A.M.
A quorum was present.

THE JOURNAL OF THE FLORIDA

House of Representatives

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

WEDNESDAY, JANUARY 11, 1967

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

Mr. Speaker Dubbin
Alligood Ducker
Alvarez Eddy
Andrews Elmore
Arnold Featherstone
Ashler Fee
Baker Firestone
Beck Fleece
Bell Fortune
Bird Fulford
Blalock Gallen
Brake Gautier
Brantley Gillespie
Brasher Graham
Briggs Grange
Brower Griffin, B.
Campbell Grizzle
Clark Harris
Cleveland Hartnett
Collins Hector
Condon Henderson
Conway Hodes
Crabtree Holloway
Craig Humphrey
Cramer Inman
Crider Karst
D'Alemberte Kennelly
Danahy Klassen
De Young Land
Excused: Representatives
A quorum was present.

Lewis
Mann
Martinez
Matthews
Mattox
McDonald,
McDonald,
Middlemas
Miers
Mitchell
Murphy
Myers
Nichols
Ninos
Osborne
Papy
Pettigrew
Poorbaugh
Pratt
Prominski
Pruitt
Rainey
Randell
Redman
Reed
Reedy
Reeves
Register
Renick
Chappell and

Robinson
Rowell
Rude
Rust
Ryals
L. N. Sackett
T. S. Savage
Scarborough
Schultz
Sessums
Shaw
Singleton
Smith, K.
Smith, S. C.
Spicola
Stafford
Stallings
Storey
Sweeny
Tucker
Tyre
Walker
Wells
Whitson
Williams
Wolfson
Yancey
Yarborough

J. J. Griffin, Jr.

Prayer by The Honorable Leon N. McDonald, Sr.:
Our kind heavenly Father as we assemble together this
morning in this group, Lord Thou knowest our hearts and
our minds. Thou knowest the turmoil that we are in now.
We pray dear heavenly Father that You will give us peace
of mind, a steady nerve and guide us through this day.
Dear Lord, may the things that are said and done this day
be in accordance with Thy will. Guide us heavenly Father,
to do that which is right and we will give Thee the praise,
for we ask it all in Thy name.

The Journal
The Journal of January 10 was ordered corrected and, as
corrected, approved.
The Journal of January 9 was further corrected and approved
as follows: on page 13, column 2, line 20 from the bottom,
after the words "an election by", strike "a majority of".

Report of Select Committee
The Speaker announced that he had appointed a select com-
mittee to study the effects of the decision of the U. S. Supreme
Court relating to legislative apportionment in Florida.
Mr. Sweeny, Chairman, submitted the following report on
behalf of the select committee:

January 11, 1967
Honorable Ralph D. Turlington
Speaker, House of Representatives
Tallahassee, Florida
Your Select Committee appointed to report its conclu-
sions in regard to the decision of the United States Su-
preme Court in the case of Richard H. Swann, et al.,
Appellants, v. Tom Adams, Secretary of State of Florida,
et al., Appellees, declaring invalid the present apportion-
ment of representation in this Legislature and the effect of
such decision on the power and legal capacity of this
Legislature to submit to the people of Florida a proposal
for revision of the state Constitution, respectfully reports
its conclusions as follows:
1. The decision of the Supreme Court of the United
States in the Swann v. Adams case definitely holds that the
apportionment of representation in this Legislature is not
in accordance with constitutional standards.
2. Under presently controlling decisions of the courts,
this Legislature is without legal authority and capacity to
submit to the people of this state a proposal for revision
of the Constitution.
3. Your committee has given special consideration to the
decisions in the case involving the efforts of the Legislature
of the State of Georgia to submit to the people of that
state a proposal for complete revision of the Constitution.
In that case the courts held directly, or by implication, that
the Legislature of Georgia was without legal capacity to
submit a proposal for constitutional revision to the people
because the representation in the legislature was not ap-
portioned in accordance with constitutional standards.
4. The District Court, to which the Swann case has been
"remanded for further proceedings, has a broad discretion
to declare the legal status of this Legislature and to define
its power, capacity and authority and your committee anti-
cipates that such District Court will, because of prevailing
conditions, act with promptness to remove the uncertainties
arising from the decision of the United States Supreme
Court and in the near future will define and declare the
status of this Legislature and particularly define and de-
clare such power, capacity and authority in regard to con-
stitutional revision.
5. Absent a clear pronouncement by the courts to the con-
trary your committee concludes that this Legislature is
without legal authority and capacity to submit to the people
of Florida a proposal for revision of the Constitution of
this state.
Respectfully submitted,
JAMES H. SWEENY, JR.
CAREY MATTHEWS
GORDON W. WELLS

Introduction of Bill
Mr. Yarborough moved that the rules be waived and the
House revert to the order of Introduction of Bills.
A roll call was ordered. The vote was-
Yeas-85.
Alligood Arnold Bell Brake
Alvarez Ashler Bird Brantley
Andrews Beck Blalock Brasher

24

Jan. 11, 1967

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Briggs
Brower
Campbell
Clark
Cleveland
Collins
Condon
Conway
Craig
D'Alemberte
Danahy
Dubbin
Elmore
Featherstone
Fee
Firestone
Fleece
Fortune
Fulford
Nays-25.

Gallen
Gautier
Gillespie
Graham
Grange
Griffin, B.
Grizzle
Harris
Hartnett
Hector
Hodes
Inman
Kennelly
Klassen
Lewis
Mann
Martinez
Matthews
Mattox

Baker Holloway
Crabtree Humphrey
Crider Karst
De Young Land
Ducker Nichols
Eddy Osborne
Henderson Rainey
The motion was agreed to

McDonald, L. N. Sackett
McDonald, T. S. Scarborough
Middlemas Shaw
Mitchell Singleton
Murphy Smith, K.
Myers Smith, S. C.
Ninos Storey
Papy Tucker
Pettigrew Tyre
Poorbaugh Walker
Pratt Wells
Prominski Whitson
Pruitt Williams
Ranidell Wolfson
Reedy Yancey
Register Yarborough
Renick
Rowell
Rude

Redman
Reed
Reeves
Robinson
Ryals
Savage
Schultz

Spicola
Stafford
Stallings
Sweeny

by a two-thirds vote.

Mr. Yarborough moved that HB 5-X(67), which would con-
stitute legislative business other than that for which this
Legislature is especially convened, be admitted for introduction
and consideration.
The vote on the motion was:

D'Alemberte
Danahy
Dubbin
Elmore
Featherstone
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Grange
Griffin, B.
Grizzle
Hartnett
Hector
Hodes
Inman
Kennelly
Klassen

Harris
Henderson
Holloway
Humphrey
Karst
Land

Lewis Robinson
Mann Rowell
Martinez Rude
Matthews Rust
Mattox Sackett
McDonald, L. N. Scarborough
McDonald, T. S. Schultz
Middlemas Shaw
Mitchell Singleton
Murphy Smith, K.
Myers Smith, S. C.
Ninos Storey
Papy Tucker
Pettigrew Tyre
Prominski Walker
Pruitt Wells
Randell Whitson
Redman Williams
Reedy Wolfson
Reeves Yancey
Register Yarborough
Renick

Nichols
Osborne
Poorbaugh
Pratt
Rainey
Ryals

Savage
Spicola
Stafford
Stallings
Sweeny

The motion was agreed to by the required Constitutional two-
thirds vote and-
By Representatives Yarborough, Pettigrew and Myers.
HB 5-X(67)-A bill to be entitled An act relating to the leg-
islature; amending section 11.111, Florida Statutes, providing a
continuance of certain causes during the term of a legislature;
providing effective date.
The bill was read the first time by title and referred to the
Committee on Rules and Calendar.

Adjournment
On motion by Mr. Rowell, the House adjourned at 9:58 A.M.
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
Alligood
Alvarez
Andrews
Arnold
Ashler
Baker
Beck
Bell
Bird
Blalock
Brake
Brantley
Brasher
Briggs
Brower
Campbell
Chappell
Clark
Cleveland
Collins
Condon
Conway
Crabtree
Craig
Cramer
Crider
D'Alemberte
Danahy

De Young
Dubbin
Ducker
Eddy
Elmore
Featherstone
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Grange
Griffin, B.
Griffin, J. J., Jr.
Grizzle
Harris
Hartnett
Hector
Henderson
Hodes
Holloway
Humphrey
Inman
Karst
Kennelly

Klassen Renick
Land Robinson
Lewis Rowell
Mann Rude
Martinez Rust
Matthews Ryals
Mattox Sackett
McDonald, L. N. Savage
McDonald, T. S. Scarborough
Middlemas Schultz
Miers Sessums
Mitchell Shaw
Murphy Singleton
Myers Smith, K.
Nichols Smith, S. C.
Ninos Spicola
Osborne Stafford
Papy Stallings
Pettigrew Storey
Poorbaugh Sweeny
Pratt Tucker
Prominski Tyre
Rainey Walker
Randell Wells
Redman Whitson
Reed Williams
Reedy Wolfson
Reeves Yancey
Register Yarborough

Excused: Representative Pruitt.
A quorum was present.

Introduction of Guest
Mr. Yarborough presented The Honorable Robert T. Floyd,
a former Member of the House from Dade County.

Committee of the Whole House
On motion by Mr. Rowell, at the hour of 1:37 P.M., the
House resolved itself into the Committee of the Whole House
with the Speaker pro tempore to preside as Chairman.

House Reconvened
The House was called to order by the Speaker at 2:10 P.M.
A quorum was present.

Remarks by Mr. Turlington
On motion by Mr. Schultz, extemporaneous remarks made
by the Speaker while the House was sitting as a Committee
of the Whole House, were ordered spread upon the Journal as
follows:

Members of the committee, Members of the House of
Representatives of the State of Florida, I had felt that in
our meeting this afternoon that it would be well to go into
a committee organization rather than a formal meeting of
the House for the purposes of answering or discussing any
questions that any Member might have in reference to our
work as the duly elected Members of the Florida Legis-
lature. I had not fully intended to do this until just a
relatively short time ago. I had felt some observations
might be helpful in reference to the situation that the re-
cent U. S. Supreme Court had thrust upon us as a result
of the decision announced this past Monday. Having gone
through a number of reapportionment sessions and reap-
portionment decisions, I think I can say that we can take
this in stride and recognize that such conditions are always
temporary in nature, and that we always have clarification,

25

Yeas-87.
Alligood
Alvarez
Andrews
Arnold
Ashler
Baker
Beck
Bell
Bird
Blalock
Brake
Brasher
Briggs
Brower
Campbell
Clark
Cleveland
Collins
Condon
Conway
Craig
Cramer
Nays--23.
Crabtree
Crider
De Young
Ducker
Eddy
Fee

JOURNAL OF THE HOUW

and that the sun breaks through the clouds or, if you
would prefer, there comes a sunrise, and the people then
see that things are not as they had first understood. But I
do think that it is important for us to clear this air and to
push away the clouds and for us to see ourselves in a real
long-range perspective. I suppose the thing that has prob-
ably caused me to feel however, that I should go to a
particular point to clarify and to speak to clear the air
insofar as possible is this afternoon's edition of the local
newspaper. I'm speaking to the headline that says HOUSE
HOLDS CAUCUS ON SESSION WINDUP and TURMOIL
REIGNS IN THE LEGISLATURE. I used to serve on a
little newspaper called the Florida Alligator and I discov-
ered there that typically when a person is writing a head-
line that the first requirement is to see that the type or
the word selected fits into the space; so sometimes that re-
flects upon the wording. Other times, the wording may
actually be a real reflection of what the person selecting
the headlines had in mind. I had also found from experi-
ence that the person who writes the headlines and the
person who writes the story are oftentimes two separate
beings and they don't always coordinate together and I
have heard complaints from time to time about that. I'm
not offering anything in the way of complaint there, I
just simply say that I think that in effect, this head-
line does represent in some real degree a sense of the
feeling that the people of our state may well have at this
brief interval in our legislative history. We are of course
the people's servant and we have no reigning authority
here. We are here to serve the people and to serve this
state. In perspective, the question of what our status is
from a legal point of view is one that must and needs
to be resolved and I feel very confident that within a short
period of time that this will be resolved. I think that the
wheels of government will continue to turn and that the
Legislature is essential to those wheels of government and
that we will know with real clarity what our position is
within the near future. In the meantime, the fact that we
could not answer every question with real finality does not
mean that we are in anywise not responsible officials that
the people from our respective districts elected. We repre-
sent the people of Florida and I feel confident that re-
gardless of any change that might come, that this body
will be the representative body of the people of this
State of Florida and should be and I think it is in the best
interest of our people that it be that way.
I am very proud to be a Member of this House of Repre-
sentatives in this Legislature. Quite frankly, I can say
now this is my ninth session, the ninth group of whom
I have served and while we are starting off new, we have
held our Organizational Session, we have been acquainted
here for just these few days in work in this Special Ses-
sion. As you well know during the time prior to
the general election we became, I think, very well ac-
quainted and I can say in all candor that I think that this
body of legislators is the best qualified body of the House
of Representatives with whom I have ever served, and
I'm proud to be one of your number.
I do not know of any group ever elected to this House
that I believe is more responsive and more responsible
and more dedicated to doing the job of carrying out the
legislative responsibility for the people of this state. I do
not know of any House of Representatives that has ever
worked harder prior to the convening of the session to see
that we were in a position to carry out the wishes and the
needs of the people of this state. I think the fact that we
came here in this Special Session just this past Monday
with a dedicated purpose and set to work with real fervor
this past Monday with plans and with a real sense of pride
and in a real sense of dedication to do a job of constitu-
tional revision for the people of this state, attests to that;
and we are not, regardless of what timing may be involved
in it, I do not think that we, the people who have just

26

SE OF REPRESENTATIVES Jan. 11, 1967

been elected to these offices, are going to see that in some
point in time that the people of Florida are deprived from
having a good, new Constitution for this state.
I think that the court will clarify our position shortly.
There may be a question about what is "shortly." If you
consider the poem that was written on the tomb of Ozy-
mandias, you may agree I don't know what "shortly" is. It
may not be this afternoon and it may not be tomorrow, but
it is certainly not going to be for such a prolonged period
of time that we will not be able to effectively carry out
our responsibilities.

I believe that we will tarry out as Members not only
our responsibility of constitutional revision, but the respon-
sibility of providing a good effective job during the reg-
ular session of the Legislature convening in April. I am
sure that we will continue about our work in such a man-
ner that we will be able to carry out this charge consistent
with what the court should determine that we should do.
I do not believe that we are going to find that turmoil
is going to reign but instead we're going to find that good
judgment and common sense and a sense of real public re-
sponsibility is going to be the real reign of this House of
Representatives.
I have talked this morning with Members of the minority
and I have found a real sense of purpose and dedication
there, in seeking to represent this state and to represent
it well. I have met with Members of the Freshmen Demo-
cratic Caucus. I have met with other Members of this
House. I find without exception that we are all here from
the standpoint of serving all of the people of this state to
the very best of our ability and that is what we are going
to do.

From the standpoint of time and what we should do this
afternoon and tomorrow and the next day, I think it is a
responsibility of the leadership of this house to plan the
best utilization of our time, to take the greatest advantage
of our time while we are here, to serve the people of this
state and it will be my purpose in helping to organize this
type of program to see that this is accomplished and I'm
sure that I can have your cooperation in this endeavor.
We will do this consistent with all legal requirements that
we are advised to take by our legal committee and our
legal staff. And, let me say something about our position
on that; yesterday, I appointed a select committee to help
us and to give us legal advice and legal guidance and they
retained, and we concurred, in the retention of Mr. Lewis
Hall, Sr., to be our professional counsel. We do have at
this point the best professional counsel that we can possi-
bly have to help guide us in our deliberations and we will
act on the advice of this committee consistent with the sole
purpose and the overriding purpose of seeing that whatever
we do and whatever action that we take, that we take it
from the standpoint of the overriding public interest and
not our individual personal interest.
I would now ask that this committee and this House
set about its endeavors consistent with these objectives
that I have just outlined. Knowing full well that we have
a sense of pride in our work and a real dedication to our
work and with a real feeling so that when our terms in
office are over we can look back and say, "I was a Mem-
ber of the Florida Legislature and I did my part to pro-
vide the best government possible for the people of this
great state." Thank You.

Adjournment
On motion by Mr. Rowell, the House adjourned at 2:20 P.M.
to reconvene at 10:00 A.M., tomorrow.

THE JOURNAL OF THE FLORIDA

House of Representatives

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

THURSDAY, JANUARY 12, 1967

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
Alligood Dubbin
Alvarez Ducker
Andrews Eddy
Arnold Elmore
Ashler Featherstone
Baker Fee
Beck Firestone
Bell Fleece
Bird Fortune
Blalock Fulford
Brake Gallen
Brantley Gautier
Brasher Gillespie
Briggs Graham
Brower Grange
Campbell Griffin, B.
Chappell Griffin, J. J., Jr.
Clark Grizzle
Cleveland Harris
Collins Hartnett
Condon Hector
Conway Henderson
Crabtree Hodes
Craig Holloway
Cramer Humphrey
Crider Inman
D'Alemberte Karst
Danahy Kennelly
De Young Klassen

Land Renick
Lewis Robinson
Mann Rowell
Martinez Rude
Matthews Rust
Mattox Ryals
McDonald, L. N.Sackett
McDonald, T. S. Savage
Middlemas Scarborough
Miers Schultz
Mitchell Sessums
Murphy Shaw
Myers Singleton
Nichols Smith, K.
Ninos Smith, S. C.
Osborne Spicola
Papy Stafford
Pettigrew Stallings
Poorbaugh Storey
Pratt Tucker
Prominski Turlington
Pruitt Tyre
Rainey Wells
Randell Whitson
Redman Williams
Reed Wolfson
Reedy Yancey
Reeves Yarborough
Register

Excused: Representative Sweeny.
A quorum was present.
Prayer by The Honorable Robert C. De Young:

Almighty God who has given us this good land for our
heritage, we humbly beseech Thee that we may always
prove ourselves a people mindful of Thy favor and glad to
do Thy will. We ask Thee to bless this State of ours and
as we stand here this morning, help us to have the pres-
ence of mind as if we were standing before Thee personally.
We pray 0 God to lift up our hearts and give us minds of
clear understanding. We ask Thee for Thy help to look to
the future and as we deliberate and discuss the many
things of great importance to the sovereign State of Flor-
ida, that we will not be selfish or short-sighted in our de-
liberations. If, at times tempers flare, smooth them 0 God
we pray and help each of us to better understand the prob-
lems of our fellow man. And, our Father in heaven we ask
so much of Thee every hour and every minute of the day,
sometimes we fail to thank Thee for all of the blessings
that Thou dost bestow upon us, both individually and col-
lectively: for our families and loved ones wherever they
may be, our associates and colleagues, the country in which
we live, the many freedoms we still have, the privilege
to serve this great State of ours and yes, life itself. These
things we do with humble hearts and knowing that Thou
art the Great Physician of all mankind, the Shepherd
of the sheep, we ask Thee to care for those who are in
special need this day, our men and women on the battle-
fields throughout the world we especially remember. And
now, O God as we prepare ourselves to take up this par-
ticular matter which we have been directed to do, we ask
Thee to endow each of us with the spirit of wisdom and

knowledge; those to whom in Thy name we entrust the au-
thority of government that there may be justice and peace
at home, and that through obedience to Thy law we may
show faith by praise to all mankind and that we will do
everything that will be pleasing in Thy sight. In His most
precious name we ask. Amen.

The Journal
The Journal of January 11 was ordered corrected and, as
corrected, approved.

Communication
The following Proclamation of the Governor was read:
State of Florida
Executive Department
Tallahassee
TO THE HONORABLE MEMBERS OF THE FLORIDA SEN-
ATE AND THE HOUSE OF REPRESENTATIVES:
WHEREAS, in my call for a Special Session of the Florida
Legislature dated the 3rd day of January, 1967, to consider
constitutional revision and the fixing of the early date for a
special election to permit the people of this State to vote upon
a proposed revised Constitution it was my intention to permit
the people of this State to have an opportunity to adopt a
modern Constitution, and
WHEREAS, the Supreme Court of the United States, in an
opinion dated the 9th day of January, 1967, has reversed the
decision of the United States District Court approving the
present apportionment formula of the Florida Legislature, and
WHEREAS, the responsibility for the apportionment of the
Florida Legislature is delegated to that body by the Florida
Constitution and it is my desire to preserve to the elected
representatives of the people of Florida this decision making
power, if at all possible;
NOW, THEREFORE, I, Claude R. Kirk, Jr., as Governor of
Florida, by virtue of the power and authority vested in me
by Article IV, Section 8, of the Constitution of the State of
Florida, do hereby extend my call of the 3rd day of January,
A. D., 1967, in calling the Florida Legislature into special ses-
sion to include apportionment of the Florida Legislature.
IN WITNESS WHEREOF, I have hereunto
Asset my hand and caused the Great Seal of
the State of Florida to be affixed at Talla-
hassee, the Capital, this 10th day of Janu-
ary, A. D. 1967 at 5:55 P. M.

CLAUDE R. KIRK, JR.
GOVERNOR

''-- --i
ATTEST:
TOM ADAMS
SECRETARY OF STATE

Message from the Senate
Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:

Jan. 11, 1967

I am directed to inform the House of Representatives that
the Senate has adopted--
27

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Jan. 12, 1967

By Senators Friday and Whitaker-
SCR 4-X(67)-A concurrent resolution providing that the
Senate and the House of Representatives convene in joint ses-
sion in the chamber of the House of Representatives at 2:00
P. M., January 13, 1967.
WHEREAS, throughout the United States of America the
problems pertaining to government of the people of this nation
at the local level have, due to the population explosion and
the attendant need for greater sophistication in that local gov-
ernment, increased substantially beyond any reasonable anticipa-
tion, and
WHEREAS, experience has shown that such problems, if not
resolved at that source nearest the people, will be resolved
by someone somewhere further removed, and
WHEREAS, the nearly unbelievable explosion of population
in Florida during the immediately preceding decade has now
demonstrated to us the need for the deepest and most search-
ing inquiry into these matters of local government which
vitally concern the citizenry of the state, and
WHEREAS, the Honorable Bernard F. Hillenbrand, Executive
Director, National Association of Counties; Dr. Robert F. Stead-
man of the Committee on Economic Development; Honorable
William G. Colman, Executive Director of the Advisory Com-
mission on Intergovernmental Relations; and Honorable James
Martin, Assistant Director for Federal Affairs, National Asso-
ciation of Counties, are men of vast experience and current
knowledge in these fields, who have scheduled their time to
appear before a Joint Session of the Florida Legislature to
give of their experience and information for the benefit of
Florida, particularly in the phase of pending constitutional
revision, NOW, THEREFORE,
Be It Resolved by the Senate of the State of Florida, the House
of Representatives Concurring:
That the Senate and the House of Representatives convene
in joint session in the chamber of the House of Representatives
at 2:00 P. M. on January 13, 1967, for the purpose of receiving
the message of the aforementioned eminent authorities on the
subject aforesaid.
-and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
SCR 4-X(67) contained in the above message, was read the
first time in full and referred to the Committee on Rules &
Calendar.

THE SPEAKER IN THE CHAIR

Appointment of Select Committee
The Speaker announced the appointment of the following
select committee:

SELECT COMMITTEE ON APPORTIONMENT
Lynwood Arnold, Chairman; Gordon W. Wells, Vice Chair-
man; Mack N. Cleveland, Jr., James R. Eddy, Arthur E.
Karst, Henry W. Land, Carey Matthews, Ray Mattox, John
Robert Middlemas, Richard A. Pettigrew, John J. Savage, Ter-
rell Sessums, Ken Smith, James H. Sweeny, Jr., Louis Wolf-
son, II.

Adjournment
On motion by Mr. Rowell, the House adjourned at 10:24 A. M.
to reconvene at 2:00 P. M. today.

AFTERNOON SESSION

The House was called to order by the Speaker at 2:00 P. M.
The following Members were recorded present:

Mr. Speaker
Alligood
Alvarez
Andrews
Arnold
Ashler
Baker
Beck
Bell
Bird
Blalock
Brake
Brantley
Brasher
Briggs
Brower
Campbell
Chappell
Clark
Cleveland
Collins
Condon
Conway
Crabtree
Craig
Cramer
Crider
D'Alemberte
Danahy

De Young
Dubbin
Ducker
Eddy
Elmore
Featherstone
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Grange
Griffin, B.
Griffin, J. J., Jr.
Grizzle
Harris
Hartnett
Hector
Henderson
Hodes
Holloway
Humphrey
Inman
Karst
Kennelly

Klassen Register
Land Renick
Lewis Robinson
Mann Rowell
Martinez Rude
Matthews Rust
Mattox Ryals
McDonald, L. N.Sackett
McDonald, T. S. Savage
Middlemas Scarborough
Miers Schultz
Mitchell Sessums
Murphy Shaw
Myers Singleton
Nichols Smith, K.
Ninos Smith, S. C.
Osborne Spicola
Papy Stafford
Pettigrew Stallings
Poorbaugh Storey
Pratt Tucker
Prominski Tyre
Pruitt Walker
Rainey Wells
Randell Whitson
Redman Williams
Reed Wolfson
Reedy Yancey
Reeves Yarborough

A quorum was present.

Report of Committee on Rules & Calendar
The following report was read:

Honorable Ralph D. Turlington
Speaker, House of Representatives

January 12, 1967

Sir:
Your Committee on Rules & Calendar begs leave to
report and recommend the following for adoption by the
House of Representatives:
1. That the Speaker, pursuant to Rule 2.7, is hereby
authorized to appoint a select committee for House con-
sideration of legislative apportionment and to designate
the membership thereof. Such select committee shall be
clothed with all the authority of a standing committee
of the House of Representatives, including the right to in-
troduce joint resolutions, bills, and other measures. The
committee shall not be bound by Rules relating to time of
reporting.
2. That HR 1 of the Organization Session be clarified
in the second paragraph of Section 1 (a) to read "regular
session" wherever the word "session" appears.
3. That Rule 1.8 be amended so as to hereafter read:
"The Speaker shall approve vouchers for secretarial, travel,
and other office expense of members."
4. That in Rule 7.10, the first two sentences shall be
amended so as to hereafter read: "Bills and other meas-
ures requiring legislative action shall be introduced in the
order they are received by the Chief Clerk. They shall be
serially numbered as filed, being numbered in two cate-
gories, the first embracing bills and joint resolutions and
the second embracing resolutions, concurrent resolutions
and memorials."
5. That in Rule 13.2, this sentence shall be added after
the present first sentence: "The Chief Clerk or a deputy
in the Office of the Clerk is authorized to acknowledge
the oath of those registering in person."
6. That is the sense of the Committee that the Clerk,
as previously authorized at the Organization Session, now
proceed with the printing of the Rules and Manual, as
amended, for the 41st House.
In meeting of the Committee duly called and assembled
for the purpose of considering amendments to the Rules
and other pending business, upon motion to adopt this
Report, the vote of the Committee was as follows:

28

Ayes: Beck, Chappell, Eddy, Fee, Griffin, Karst, Mann,
Papy, Pruitt, Reed, Schultz, Stallings, Storey, Smith, Tyre,
Yarborough, Dubbin, and Rowell.
Nays: None.
Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar

29

On motion by Mr. Rowell, the above Report was accepted
and adopted and the Rules proposed by the Report to be
adopted, were adopted as a part of the Rules of the House.

Adjournment
On motion by Mr. Rowell, the House adjourned at 2:22 P.M.
to reconvene at 9:00 A.M. tomorrow.

Jan. 12, 1967

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]
EXTRAORDINARY SESSION

FRIDAY, JANUARY 13, 1967

The House was called to order by the Speaker at 9:00 A.M.
The following Members were recorded present:

Dubbin
Ducker
Eddy
Elmore
Featherstone
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Grange
Griffin, B.
Griffin, J. J., Jr.
Grizzle
Harris
Hartnett
Hector
Henderson
Hodes
Holloway
Humphrey
Inman
Karst
Kennelly
Klassen

Land
Mann
Martinez
Matthews
Mattox
McDonald, L.
McDonald, T.
Middlemas
Miers
Mitchell
Murphy
Myers
Nichols
Ninos
Osborne
Papy
Pettigrew
Poorbaugh
Pratt
Prominski
Pruitt
Rainey
Randell
Redman
Reed
Reedy
Reeves
Register
Renick

Robinson
Rowell
Rude
Rust
Ryals
N.Sackett
S. Savage
Scarborough
Schultz
Sessums
Shaw
Singleton
Smith, K.
Smith, S. C.
Spicola
Stafford
Stallings
Storey
Sweeny
Tucker
Tyre
Walker
Wells
Whitson
Williams
Wolfson
Yancey
Yarborough

Excused: Representatives Collins and Lewis
A quorum was present.
Prayer by The Honorable Leon N. McDonald, Sr.:
Eternal God, Our Father, we embark upon a new day;
we are grateful to Thee for the night's rest. And Our
Father, we realize in our hearts the great chores that lay
before us this day, knowing Lord, that without Thee we
could do nothing or be nothing. With this in mind Lord,
we pray for divine will. We pray Lord for the leadership

of this House; that Thy might be with them and bless
them, Lord, in their undertakings, and, Lord, may we work
together this morning. May we love one another as you
have loved us and to do our work together. Knowing, Lord,
that each of us has to give a little here and there, may we
do this and accept it for the betterment of this State and
for the people whom we represent. Guide and direct us, O
Lord, throughout this day and forgive our many sins. This
we ask in Thy holy name. Amen.

The Journal
The Journal of January 12 was ordered corrected and, as cor-
rected, approved.

Introduction of Guest
The Speaker presented The Honorable Howell E. Lancaster,
a former Member of the House from Gilchrist County.

Recess
On motion by Mr. Rowell, the House stood in informal recess
at 9:10 A.M. to reconvene at the call of the Speaker.

House Reconvened
The House was called to order by the Speaker at 9:42 A.M.
A quorum was present.

Adjournment
On motion by Mr. Rowell, the House adjourned at 10:08 A.M.
to reconvene at 12 Noon on Monday, January 16.

30

Mr. Speaker
Alligood
Alvarez
Andrews
Arnold
Ashler
Baker
Beck
Bell
Bird
Blalock
Brake
Brantley
Brasher
Briggs
Brower
Campbell
Chappell
Clark
Cleveland
Condon
Conway
Crabtree
Craig
Cramer
Crider
D'Alemberte
Danahy
De Young

THE JOURNAL OF THE FLORIDA

House of Representatizes

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

EXTRAORDINARY SESSION

MONDAY, JANUARY 16, 1967

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

Mr. Speaker
Alligood
Alvarez
Andrews
Arnold
Ashler
Baker
Beck
Bell
Bird
Blalock
Brantley
Brasher
Briggs
Brower
Campbell
Chappell
Clark
Cleveland
Collins
Condon
Conway
Crabtree
Craig
Cramer
Crider
D'Alemberte
Danahy
De Young

Dubbin Land Renick
Ducker Lewis Robinson
Eddy Mann Rowell
Elmore Martinez Rude
Featherstone Matthews Rust
Fee Mattox Ryals
Firestone McDonald, L. N.Sackett
Fleece McDonald, T. S. Savage
Fortune Middlemas Scarborough
Fulford Miers Schultz
Gallen Mitchell Sessums
Gautier Murphy Shaw
Gillespie Myers Singleton
Graham Nichols Smith, K.
Grange Ninos Smith, S. C.
Griffin, B. Osborne Spicola
Griffin, J. J., Jr. Papy Stafford
Grizzle Pettigrew Stallings
Harris Poorbaugh Storey
Hartnett Pratt Sweeny
Hector Prominski Tucker
Henderson Pruitt Tyre
Hodes Rainey Walker
Holloway Randell Wells
Humphrey Redman Whitson
Inman Reed Williams
Karst Reedy Wolfson
Kennelly Reeves Yancey
Klassen Register Yarborough

Excused: Representative Brake
A quorum was present.
Prayer by Dr. Fred T. Laughon, Chaplain:
Dear Lord, we begin a new week by looking into Thy face
for inspiration and help. At the same time, we see the
faces of all Floridians from Key West to Fernandina Beach,
to Pensacola, which are turned to us for inspiration and
help. Bless these Thy people through us, 0 God: the Sem-
inole Indians who were here before us, the old families
that have made Florida great, the newcomers, the tour-
ists, the many Negro citizens, the Spanish and their Cuban
relatives who again breathe the air of freedom on our
soil, the Jewish population, those who left other nations
of the world to call this State home, the old, the young,
the well, the sick, the rich, the poor. As mere men we
know we cannot please them. But as their Representatives,
we will serve them. Empower us to do this well. For
Jesus sake. Amen.
The Members pledged allegiance to the Flag.

The Journal
The Journal of January 13 was ordered corrected and, as cor-
rected, approved.

Introduction of House Concurrent Resolutions
By Representative Pettigrew-
HCR 6-X(67)-A concurrent resolution expressing appreci-
ation to the Associated General Contractors of America for

presenting distinctive name tags to the members of the Florida
Legislature.
WHEREAS, the Florida Legislature was convened in extra-
ordinary session on January 9, 1967, and
WHEREAS, both the Florida Senate and the Florida House
of Representatives have seated a number of members who have
not enjoyed the privilege of previous service in either of said
bodies, and
WHEREAS, The Florida chapters of the Associated General
Contractors of America, Inc., have presented each member of
the Florida Legislature with distinctive plastic name tags,
which help to readily introduce each such member to his col-
leagues as well as to the members of the public, and
WHEREAS, the members of the Florida Senate and the
Florida House of Representatives wish to express their appreci-
ation to those responsible for this thoughtful gesture; NOW,
THEREFORE,
Be It Resolved by the House of Representatives of the State
of Florida, the Senate Concurring:
That the entire membership of the Florida Legislature ex-
presses its sincere appreciation and thanks to the Florida Chap-
ters of the Associated General Contractors of America, Inc.,
for its thoughtful service to the Florida Legislature in provid-
ing each member with a distinctive personal name tag, for use
during the extraordinary session of the said Legislature con-
vened on January 9, 1967.
-was read the first time in full and referred to the Com-
mittee on Rules & Calendar.
By Representatives Chappell, Alligood, Alvarez, Andrews,
Arnold, Ashler, Beck, Bell, Bird, Blalock, Brantley, Brasher,
Brower, Campbell, Clark, Cleveland, Collins, Condon, Conway,
Crabtree, Crider, De Young, Ducker, Elmore, Featherstone, Fee,
Fleece, Fortune, Fulford, Gallen, Gillespie, B. Griffin, J. J.
Griffin, Grizzle, Hector, Henderson, Holloway, Humphrey, In-
man, Karst, Klassen, Land, Mattox, L. N. McDonald, T. Mc-
Donald, Miers, Mitchell, Murphy, Nichols, Ninos, Papy, Poor-
baugh, Pratt, Pruitt, Rainey, Randell, Reed, Reedy, Renick,
Robinson, Rowell, Rude, Rust, Sackett, Savage, Scarborough,
Schultz, Shaw, Singleton, K. Smith, Stafford, Stallings, Storey,
Tucker, Tyre, Walker, Wells, Whitson, Williams, Wolfson,
Yancey, and Yarborough-
HCR 7-X(67)-A concurrent resolution declaring the policies
of the state relating to legislative apportionment and directing
the Secretary of State, and the Attorney General of Florida
relative to the present apportionment of the legislature.
WHEREAS, the legislature of Florida is duly convened upon
call of the Governor to consider constitutional revision and
legislative apportionment; and
WHEREAS, the Honorable David W. Dyer, United States
Circuit Court Judge, on the basis of the mandate of the Su-
preme Court of the United States, entered order dated January
11, 1967, in the case of Swann v. Adams, Case #186-62-Civil,
United States District Court, Southern District of Florida, and
WHEREAS, the Honorable Tom Adams, Secretary of State,
is the nominal party defendant in the aforesaid case, and as a
member of the executive branch of government, is charged with
certain administrative responsibilities prescribed by the Con-
stitution and laws of Florida; and

WHEREAS, it is the duty of the Secretary of State, together
with the legal counsel for the State of Florida, the Attorney

31

32

General, to support and uphold the position of the state on
the question of apportionment as expressed by the Legislature
of the State of Florida in House Bill 17X(66); and
WHEREAS, it is beyond the scope of the authority of either
without express legislative authority to offer an alternative
plan of legislative apportionment; NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State
of Florida, the Senate Concurring:
The Secretary of State and his legal counsel, the Attorney
General of Florida, are each hereby instructed to respond to
the order entered the 11th day of January, 1967 by the Three-
Judge United States District Court for the Southern District
of Florida in the case of Swann v. Adams, Case #186-62-Civil-
DD, in the following manner:
(1) To contend by every lawful means, on the part of the
State of Florida, for the validity of the present apportionment
of the Florida Legislature; to state within the time prescribed
by said order the facts which can be proved to support that
contention; at the appropriate time to offer the strongest proof
to sustain such contention; and as a part of said proof, to offer
the findings of fact and the explanations reflected by the pre-
vious records of the Legislature of Florida and such findings
of fact as may from time to time be made by the present
Legislature convened in special session January 9, 1967.
(2) To advise the court, in the event the court should
hold the proof as tendered insufficient to sustain the validity
of the present apportionment, that the Constitution and laws of
the State of Florida clearly present an insurmountable legal im-
pediment to a judicial apportionment based upon an election of
members from the State at large, and that reconstruction of
the Legislature into other than a bicameral body would violate
the Constitution and laws of Florida, to-wit:
(a) Unreversed pronouncements of the Supreme Court of
Florida in In re Advisory Opinion to the Governor, 81 So. 2nd
782, and Brewer v. Gray, Fla. 1956, 86 So. 2nd 799, declare
that apportionment is a legislative function. The state policy
in this regard is so established.
(b) The Constitution of the State of Florida provides that
the legislative authority of this State shall be vested in a Senate
and a House of Representatives (Article 3, Section 1). This
provision is and has been in full force and effect and has not
been held by any Court to be incompetent or inoperative. The
people of Florida from the inception of constitutional govern-
ment in Florida have acted to preserve the bicameral legislative
system.
(3) To advise the Court, in the event the Court should
hold that proof has not been or cannot be adduced to sustain
the validity of the present apportionment, that they will sub-
mit such apportionment plan as the legislature has passed or
may specifically direct together with such data as will support
the same.
(4) To advise the Court, in the event the present apportion-
ment of the Florida Legislature is invalid, the Legislature may
properly consider proposals for the revision or amendment of
the Florida Constitution and the other legislative needs of the
State, since it is in fact the only lawfully constituted legisla-
tive body of Florida competent to consider proper legislative
matters.
(5) To advise the Court, in the event the present apportion-
ment of the Florida Legislature is invalid, that reapportion-
ment should not be effected by judicial decree but the matter
should be remanded to the Legislature for further action as
suggested in paragraph 3 above. In the event the present ap-
portionment of the Florida Legislature is held invalid by the
Court, in every event reapportionment should be effected by
the present Legislature of the State of Florida which was
elected and organized in November, 1966.

Jan. 16, 1967

JOURNAL OF THE HOUSE OF REPRESENTATIVES

-was read the first time in full and referred to the Select
Committee on Apportionment.

Message from the Senate

The Honorable Ralph D. Turlington
Speaker, House of Representatives

Jan. 12, 1967

Sir:
I am directed to inform the House of Representatives that
the Senate has adopted-
By Senators Poston and Hollahan-
SCR 5-X(67)-A concurrent resolution expressing appreci-
ation to the Associated General Contractors of America for pre-
senting distinctive name tags to the members of the Florida
Legislature.
-and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
SCR 5-X(67) contained in the above message, was read the
first time in full and referred to the Committee on Rules &
Calendar.

Committee of the Whole House
On motion by Mr. Rowell, at the hour of 12:18 P. M., the
House resolved itself into the Committee of the Whole House
with the Speaker to preside as Chairman.

House Reconvened
The House was called to order by the Speaker at 1:25 P. M.
A quorum was present.

ENROLLING REPORT
Your Enrolling Clerk to whom was referred-HCR No. 3-X
(67)
-reports same has been enrolled, signed by the required Con-
stitutional officers, and presented to the Governor on January
16, 1967.
ALLEN MORRIS, Clerk

Report of Standing Committee
The Committee on Rules & Calendar recommends a com-
mittee substitute for the following: HB 5X(67).
The bill with committee substitute was placed on the calendar.

Adjournment
On motion by Mr. Rowell, the House adjourned at 1:27
P.M. to reconvene at 9:30 A.M. tomorrow.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

REGISTRATIONS UNDER HOUSE RULE THIRTEEN
FROM JANUARY 9 THROUGH 5:00 P.M., JANUARY 13

33

Duration of
Name and Address Entity Represented and Address Representation Particular Legislation Involved

Barber, Georgia K.,
515 E. Call St.,
Apt. 3,
Tallahassee ...................
Boyte, W. H., Jr.,
1212 W. Stetson,
Orlando ....................
Brown, Tom R.,
State Treasurer's Office,
Rm. 443, Carlton Bldg.,
Tallahassee ................ ....
Butler, Gordon T.
410 S. 7th St.,
Fernandina....................

Cox, Jim,
112 W. Pensacola St.,
Tallahassee .. ................

DeMay, J. Eugene
3200 Jackson Boulevard
Fort Lauderdale .............

Foor, Sam,
P.O. Box 1373,
Tallahassee ..................

Green, R. A.,
3003 Oakhill St.,
Lake City .................. ..

Justices of the Peace and
Constables Assn. of Florida
P.O. Box 1257
Tallahassee .....................
Brotherhood of Railway Clerks
1212 W. Stetson,
Orlando ...................

State Treasurer's Office
Rm. 443, Carlton Bldg.,
Tallahassee .................
Florida League of Municipalities
Florida Natl. Bank Bldg.,
Jacksonville ..................

Florida Associated General
Contractor's Council...........

Notaries Public Association, Inc.
Home Federal Tower, 18C2
1720 Harrison Street
Hollywood .... ..........

Continuous .......

Anything affecting the Justices of the Peace and
Constables

Continuous.......... Labor

.................... Bills affecting the Treasurer's Office

Session. ............

All bills of general interest to municipalities

Continuous.........I Bills affecting the Construction industry

Throughout the
Session. .....

.............................. .. Continuous .......

Justices of the Peace and
Constables Assn. of Florida
3003 Oakhill St.,
Lake City....................

Knowles, Robert E., Tax Assessor's Assn. of Florida,
P.O. Box 469, P.O. Box 1338
Bradenton .................... Bradenton....................

Madigan, John A.,
Brock Bldg.,
Tallahassee ................. ..

Moore, Thelma E.
362 Valley Forge Road
West Palm Beach..............

Olsen, Wliliam S.,
4212 El Prado Blvd.,
Tam pa ....................

Rathel, Don E.,
Herndon Airport,
Orlando ....................
Robertson, C. N.,
P.O. Box 1531,
Jacksonville 1 ..............
Rogers, Nell Foster,
Route 1, Box 27,
Gainesville. ... ..............

Florida Sheriff's Assn.,
Center Bldg.,
Tallahassee ................
Fla. Federation of Business
& Professional Women's Clubs,
Inc.
4205 Peachtree Circle, E.
Jacksonville ...............

Florida Mobile-Home Assn.,
4212 El Prado Blvd.,
Tampa...................

Florida Defense-Space
Industries Assn ......... ...
Brotherhood of Railway Clerks
P.O. Box 1531,
Jacksonville 1.. ...........

Session ............

Session.............

Continuous........

All legislation affecting or pertaining to Nota-
ries Public

Reapportionment, Constitutional Revision and
elections

Bills affecting the Justices
Constables Association

of the Peace and

Any and all matters affecting taxation

Law enforcement and local government

1 year............... Equal pay, Jury duty

Continuous........

Session. ............

Bills affecting mobile home industry

Bills affecting the Florida Defense-Space
industries

Continuous........ Senior citizens and labor

S........ ............. Session. .. . ......

Jan. 16, 1967

______ ---------- ------- I
1- --`-

Better government and Constitutional Revision

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Jan. 16, 1967

REGISTRATIONS UNDER HOUSE RULE THIRTEEN
FROM JANUARY 9 THROUGH 5:00 P.M., JANUARY 13-(Continued)

Duration of
Name and Address Entity Represented and Address Representation Particular Legislation Involved

Smith, Chesterfield H.,
1710 Mariposa Ave.,
Bartow... ...... .... .....
Strickland, Hiram L.,
P.O. Box 1338,
Bradenton. ....................

Thompson, Ford L.,
131 N. Gadsden St.,
Tallahassee ................. ..
Thompson, Ford L.,
131 N. Gadsden St.,
Tallahassee .................. .

Walton, Howard D.,
600 Mary Beth Ave.,
Tallahassee.................. .
Williams, Ed,
1510 Bougainvillea
Bartow.. ...................

Special Session-Individual .......
Tax Assessor's Association
of Florida, P.O. Box 1338,
Bradenton................. ...

Allstate Insurance Company
Skokie, Illinois .............
State Board of Administration
Cawthon Bldg.,
Tallahassee ................

Rose Printing Co., Inc.,
Box 2275,
Tallahassee...................
Justices of the Peace and
Constables Assn. of Florida,
1510 Bougainvillea,
Bartow..... .............

Session............. Revision of the entire constitution

Continuous......... All matters affecting taxation

Annually........... Insurance

Session............. Anything pertaining to Board of Administration

Continuous......... Printing

Duration of Session

Any pertaining to Justices of the Peace and
Constables Assn.

34

-
-

THE JOURNAL OF THE FLORIDA

House of Representatives

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

TUESDAY, JANUARY 17, 1967

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

Mr. Speaker pro tempore
Alligood Dubbin
Alvarez Ducker
Andrews Eddy
Arnold Elmore
Ashler Featherstone
Baker Fee
Beck Firestone
Bell Fleece
Bird Fortune
Blalock Fulford
Brake Gallen
Brantley Gautier
Brasher Gillespie
Briggs Graham
Brower Grange
Campbell Griffin, B.
Chappell Griffin, J. J., Jr.
Clark Grizzle
Cleveland Harris
Collins Hartnett
Condon Hector
Conway Henderson
Crabtree Hodes
Craig Humphrey
Cramer Inman
Crider Karst
D'Alemberte Kennelly
Danahy Klassen
De Young Land

Lewis Robinson
Mann Rowell
Martinez Rude
Matthews Rust
Mattox Ryals
McDonald, L. N.Sackett
McDonald, T. S. Savage
Middlemas Scarborough
Miers Schultz
Mitchell Sessums
Murphy Shaw
Myers Singleton
Nichols Smith, K.
Ninos Smith, S. C.
Osborne Spicola
Papy Stafford
Pettigrew Stallings
Poorbaugh Storey
Pratt Sweeny
Prominski Tucker
Pruitt Turlington
Rainey Tyre
Randell Wells
Redman Whitson
Reed Williams
Reedy Wolfson
Reeves Yancey
Register Yarborough
Renick

Consideration of House General Bills on Second Reading
HB 5-X(67) was taken up, together with:
CS for HB 5-X(67)-A bill to be entitled An act relating to
the legislature; amending section 11.111, Florida Statutes, pro-
viding a continuance of certain proceedings during, immediately
prior to and after any session of a legislature; providing effec-
tive date.
-which was read the first time by title, the House having
admitted for introduction and consideration HB 5-X(67) by
the required Constitutional two-thirds vote on January 11.
On motion by Mr. Yarborough, CS for HB 5-X(67) was
substituted for HB 5-X(67), and HB 5-X(67) was laid on the
table.
On motion by Mr. Yarborough, the rules were waived by
two-thirds vote and CS for HB 5-X(67) was read the second
time by title.
Representative Storey offered the following amendment:
In Section 2, page 2, strike the entire section and insert the
following: "This act shall be effective January 20, 1967."
Mr. Storey moved the adoption of the amendment which was
adopted.
On motion by Mr. Yarborough, the rules were waived by
two-thirds vote and CS for HB 5-X(67), as amended, was read
the third time in full and passed, as amended. The vote was:
Yeas-110

Excused: Representative Holloway
A quorum was present.

Prayer by Dr. Fred T. Laughon, Chaplain:
Father of all mankind, grant us this simple knowledge-
all of us are children of earth. Again, we humbly thank
Thee for those who voted for us and who trust us to serve
them here. How we do pray that we can convince them that
our goal in government is to bear their burdens with them
and so fulfill the law of Christ. If our brothers are op-
pressed, then we are oppressed. If they hunger, we hunger.
If they are poorly taught, we are ignorant. If they are un-
derpaid, we are poorer. And, if they weep, we also look at
life through tears. Save us in this day of plenty from for-
getting that people mean more than money, and that human
needs create budgets. Assured of Thy help, we begin this
day with joy and hope. In His holy name. Amen.

The Journal
The Journal of January 16 was ordered corrected and, as
corrected, approved.

Remarks by Mr. Crews
On motion by Mr. Pratt, the remarks made by the Honorable
John J. Crews, Jr., legal counsel to the Select Committee on
Apportionment, while the House was sitting as a Committee of
the Whole House on January 16, 1967, were ordered spread
hereafter upon the Journal.

Mr. Speaker pro tempore
Alligood De Young
Alvarez Dubbin
Andrews Ducker
Arnold Eddy
Ashler Elmore
Baker Featherstone
Beck Fee
Bell Firestone
Bird Fleece
Blalock Fortune
Brake Fulford
Brantley Gallen
Brasher Gautier
Briggs Gillespie
Brower Graham
Campbell Grange
Chappell Griffin, B.
Clark Griffin, J. J., Jr.
Cleveland Grizzle
Collins Harris
Condon Hartnett
Conway Hector
Crabtree Henderson
Craig Hodes
Cramer Humphrey
Crider Inman
D'Alemberte Karst
Danahy Kennelly

Lewis Robinson
Mann Rowell
Martinez Rude
Matthews Rust
Mattox Ryals
McDonald, L. N.Sackett
McDonald, T. S. Savage
Middlemas Scarborough
Miers Schultz
Mitchell Sessums
Murphy Singleton
Myers Smith, K.
Nichols Smith, S. C.
Ninos Spicola
Osborne Stafford
Papy Stallings
Poorbaugh Storey
Pratt Sweeny
Prominski Tucker
Pruitt Tyre
Rainey Whitson
Randell Williams
Redman Wolfson
Reed Yancey
Reedy Yarborough
Reeves
Register
Renick

Nays-1
Land
By waiver of the rule, the bill was ordered immediately
certified to the Senate, after engrossment,

35

36

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

Introduction and Reference of House Bills
By The Select Committee on Apportionment-
HB 8-X(67)-A bill to be entitled An act to provide for the
apportionment of the membership of the senate and the house
of representatives of the legislature of the state of Florida;
prescribing terms of office of members of both houses; pro-
viding for continuance in office by members until the general
election in November, 1968; providing for elections; providing
effective dates.
-was read the first time by title and referred to the Calendar
without reference.
On motion by Mr. Chappell, agreed to by two-thirds vote,
HCR 7-X(67) was withdrawn from the Select Committee on
Apportionment and placed on the Calendar as a special and
continuing order to be considered immediately after final con-
sideration of HB 8-X(67).
HB 8-X(67)-A bill to be entitled An act to provide for the
apportionment of the membership of the senate and the house
of representatives of the legislature of the state of Florida;
prescribing terms of office of members of both houses; pro-
viding for continuance in office by members until the general
election in November, 1968; providing for elections; providing
effective dates.
-was taken up.
On motion by Mr. Arnold, the rules were waived by two-
thirds vote and HB 8-X(67) was read the second time by title.
The Select Committee on Apportionment offered the following
amendment:
In Section 7, page 9, last line, strike: "bill" and insert the
following: "act"
Mr. Wells moved the adoption of the amendment which
was adopted.
Representative Wells offered the following amendment:
In Section 1, page 2, line 17, strike all of sub-section (2)
and insert the following: "(2) The representation in the senate
of the Florida legislature shall consist of 48 members repre-
senting districts and shall be apportioned as provided by law."
Mr. Wells moved the adoption of the amendment which was
adopted.
Representatives Shaw, L. N. McDonald, Tyre and Andrews
offered the following amendment:
In Section 3, subsection (1). page 6, following line 7, strike
the remainder of subsection (1) and insert the following:

County or Counties Number of Members
Alachua, Gilchrist, Putnam, Levy 3
Baker, Columbia, Nassau 1
Bradford, Clay, Union 1
Franklin, Wakulla, Jefferson, Taylor, Dixie 1
Gadsden 1
Jackson, Calhoun 1
Hamilton, Lafayette, Madison, Suwannee 1
Leon, Liberty 2
Bay, Gulf 2
Brevard, Osceola 3
Broward 8

Charlotte, Collier, Hendry, Lee 2

Jan. 17, 1967

Citrus, Hernando, Marion, Sumter

2

Dade 22
DeSoto, Hardee, Highlands, Manatee 3
Duval 11
Escambia 4
Flagler, St. Johns, Volusia 4
Glades, Indian River, Martin, Okeechobee, St. Lucie 2
Hillsborough 9
Holmes, Okaloosa, Santa Rosa, Walton, Washington 3
Lake, Orange, Seminole 9
Monroe 1
Palm Beach 5
Pasco, Pinellas 10
Polk 5
Sarasota 2

Mr. Andrews moved the adoption of the amendment.
Representatives Fortune, Elmore, and Campbell offered the
following amendment to the amendment:
Strike: Holmes, Walton, Washington, Okaloosa, Santa Rosa 3
and insert the following:
Holmes, Walton, Washington 1
Okaloosa, Santa Rosa 2
Mr. Fortune moved the adoption of the amendment to the
amendment.
Representatives Cleveland and T. McDonald offered the fol-
lowing substitute amendment:
In Section 3, subsection (1), page 6, following the colon, strike
the remainder of subsection (1) and insert the following:

County or Counties Number of Members
Alachua, Gilchrist, Putnam 3
Baker, Columbia, Nassau 1
Bradford, Clay, Union 1
Bay, Gulf 2
Brevard 3
Broward 8
Calhoun, Jackson 1
Charlotte, Collier, Glades, Hendry, Lee 2
Citrus, Hernando, Marion, Sumter 2
Dade, Monroe 23
DeSoto, Hardee, Highlands, Manatee 3
Dixie, Jefferson, Levy, Taylor 1
Duval 11
Escambia 4
Franklin, Leon, Wakulla 2

Gadsden, Liberty 1
Hamilton, Lafayette, Madison, Suwannee 1
Hillsborough 9
Holmes, Walton, Washington 1
Indian River, Martin, St. Lucie, Okeechobee 2
Lake, Seminole 3

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Jan. 17, 1967

JOURNAL OF THE HOUSE OF REPRESENTATIVES

2
6

Okaloosa. Santa Rosa
Orange, Osceola
Palm Beach
Pasco
Pinellas
Polk
Sarasota
Volusia, St. Johns, Flagler

37

Mr. Reed moved the adoption of the amendment to the sub-
stitute amendment which failed of adoption.

5 THE SPEAKER PRO TEMPORE IN THE CHAIR
1 On motion by Mr. Rowell, the rules were waived by two-thirds
vote and the time of adjournment was extended until final
9 consideration of the substitute amendment, as amended, to
5 HB 8-X (67).

2
4

Mr. Cleveland moved the adoption of the substitute amend-
ment.
Representative Papy offered the following amendment to the
substitute amendment:
Strike: "Dade, Monroe 23" and insert the following: "Dade
22" and after "Lake, Seminole 3", insert "Monroe 1"
Mr. Papy moved the adoption of the amendment to the sub-
sti*ite amendment.
The question recurred on the adoption of the amendment to
the amendment, as offered by Representatives Fortune, Elmore
and Campbell, which was adopted.
Representatives Fleece and Robinson offered the following
amendment to the amendment:
Strike: "Pasco, Pinellas 10" and insert the following:

"Pasco
Pinellas
Mr. Fleece moved the
amendment.
The vote was:
Yeas-43
Andrews Ducker
Baker Fleece
Beck Grange
Brasher Griffin, B.
Briggs Grizzle
Campbell Hector
Chappell Humphrey
Cleveland Mann
Condon Matthews
Crider McDonald,
De Young McDonald,

Nays-59
Alvarez
Arnold
Ashler
Bell
Bird
Blalock
Brantley
Brower
Clark
Collins
Crabtree
Craig
D'Alemberte
Danahy
Dubbin

Eddy
Featherstone
Fee
Firestone
Fulford
Gautier
Gillespie
Graham
Harris
Hartnett
Henderson
Hodes
Karst
Kennelly
Land

adoption of the amendment

Middlemas
Ninos
Osborne
Papy
Poorbaugh
Rainey
Randell
Reed
Reedy
L. N. Reeves
T. S. Robinson

Lewis
Martinez
Mattox
Miers
Mitchell
Murphy
Myers
Nichols
Pettigrew
Pratt
Pruitt
Redman
Register
Renick
Ryals

Rowell
Rust
Savage
Sessum
Shaw
Staffor
Tucker
Walker
Whitso
Willian

1
9",
it to the

Is
d

n

Sackett
Scarborough
Singleton
Smith, K.
Smith, S. C.
Spicola
Stallings
Storey
Sweeny
Tyre
Wells
Wolfson
Yancey
Yarborough

The amendment to the amendment failed of adoption.
The question recurred on the adoption of the amendment
offered by Mr. Papy to the substitute amendment, which was
adopted.
Representatives Reed, De Young, Humphrey, Poorbaugh and
Rust offered the following amendment to the substitute amend-
ment:
Following the word "Dade", strike "22" and insert "21" and
following the word "Palm Beach," strike "5" and insert "6"

THE SPEAKER IN THE CHAIR
The question recurred on the adoption
amendment, as amended, to HB 8-X(67).
The vote was:

Yeas-82
Alligood
Alvarez
Andrews
Ashler
Baker
Beck
Brake
Brasher
Campbell
Chappell
Cleveland
Collins
Conway
Crabtree
Craig
Crider
D'Alemberte
De Young
Dubbin
Ducker
Elmore
Nays-33
Arnold
Bell
Bird
Blalock
Brantley
Briggs
Brower
Clark
Condon

Featherstone
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Grange
Griffin, B.
Griffin, J. J., Jr.
Grizzle
Harris
Hartnett
Hector
Henderson
Humphrey
Inman
Karst
Klassen
Lewis

Cramer
Danahy
Eddy
Gillespie
Graham
Hodes
Kennelly
Land
Martinez

of the substitute

Mann Robinson
Matthews Rowell
McDonald, L. N. Rust
McDonald, T. S. Sackett
Middlemas Savage
Miers Scarborough
Mitchell Schultz
Nichols Shaw
Ninos Singleton
Osborne Smith, K.
Papy Smith, S. C.
Pettigrew Stafford
Poorbaugh Stallings
Pratt Tucker
Pruitt Tyre
Rainey Walker
Randell Whitson
Reed Williams
Reedy Wolfson
Reeves
Renick

Mattox
Murphy
Myers
Prominski
Redman
Register
Rude
Ryals
Sessums

Spicola
Storey
Sweeny
Wells
Yancey
Yarborough

The substitute amendment, as amended, was adopted.
Mr. Pruitt moved that the House reconsider the vote by which
the substitute amendment, as amended, was adopted. On motion
by Mr. Cleveland, the motion to reconsider was laid on the
table.

Adjournment
On motion by Mr. Rowell, the rules were waived by two-thirds
vote and the House adjourned at 1:37 P.M. to reconvene at
2:40 P.M. today.

AFTERNOON SESSION
The House was called to order by the Speaker at 2:40 P.M.

The following Members were recorded present:
Mr. Speaker Brake Conway Elmore
Alligood Brantley Crabtree Featherstone
Alvarez Brasher Craig Fee
Andrews Briggs Cramer Firestone
Arnold Brower Crider Fleece
Ashler Campbell D'Alemberte Fortune
Baker Chappell Danahy Fulford
Beck Clark De Young Gallen
Bell Cleveland Dubbin Gautier
Bird Collins Ducker Gillespie
Blalock o Condon Eddy Graham

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Jan. 17, 1967

Grange Matthews Rainey Shaw
Griffin, B. Mattox Randell Singleton
Griffin, J. J., Jr. McDonald, L. N. Redman Smith, K.
Grizzle McDonald, T. S. Reed Smith, S. C.
Harris Middlemas Reedy Spicola
Hartnett Miers Reeves Stafford
Hector Mitchell Register Stallings
Henderson Murphy Renick Storey
Hodes Myers Robinson Sweeny
Humphrey Nichols Rowell Tucker
Inman Ninos Rude Tyre
Karst Osborne Rust Walker
Kennelly Papy Ryals Wells
Klassen Pettigrew Sackett Whitson
Land Poorbaugh Savage Williams
Lewis Pratt Scarborough Wolfson
Mann Prominski Schultz Yancey
Martinez Pruitt Sessums Yarborough
A quorum was present.
HB 8-X(67)-A bill to be entitled An act to provide for the
apportionment of the membership of the senate and the house
of representatives of the legislature of the state of Florida;
prescribing terms of office of members of both houses; providing
for continuance in office by members until the general election
in November, 1968; providing for elections; providing effective
dates.
-was taken up, having been read the second time and
amended today.
Representatives Karst, Fee, Walker, Randell, S. C. Smith,
Gallen, Pratt, Cleveland, Reedy and T. McDonald offered the
following amendment:
In Section 3, subsection (2), page 8, following the words
"provided herein:" strike the rest of sub-section (2) and insert
the following: "(a) In the multi-county district of Charlotte,
Collier, Glades, Hendry and Lee, one (1) representative shall
reside in Lee county and one (1) representative shall reside
in a county other than Lee county.
(b) In the multi-county district of DeSoto, Hardee, Highlands
and Manatee, at least one (1) representative shall be a resident
of either DeSoto, Hardee, or Highlands county.
(c) In the multi-county district of Indian River, Martin, Okee-
chobee and St. Lucie, one (1) representative shall reside in
either St. Lucie or Okeechobee county and one (1) representa-
tive shall reside in either Indian River or Martin county.
(d) In the multi-county district of Lake and Seminole coun-
ties, at least one (1) representative shall reside in each of said
counties."
Mr. Karst moved the adoption of the amendment which was
adopted.
Representative Craig offered the following amendment:
In Section 3, sub-section (2) add paragraph (e) as follows:
(e) In the multi-county district of Flagler, St. Johns, and
Volusia, three (3) representatives shall reside in Volusia
County, and one shall reside in either of the other two counties.
Mr. Craig moved the adoption of the amendment which was
adopted.
Representatives Graham, Ninos, Firestone, Lewis, Myers,
Brower, Harris, Mann and D'Alemberte offered the following
amendment:
Strike entire Section 3 and insert the following:
Section 3. (1) The house of representatives of the Florida
legislature shall consist of ninety-five (95) members appor-
tioned among the counties according to the latest federal
decennial census of population. Until reapportioned according
to the census of 1970 the representation in the house of
representatives shall be apportioned as follows:

County or Counties
Escambia
Okaloosa, Santa Rosa, Walton
Bay, Holmes, Jackson, Washington

Number of Members

Calhoun, Gadsden, Gulf, Liberty 1
Franklin, Jefferson, Leon, Madison, Wakulla 2
Hillsborough 7
Pinellas 7
Orange 5
Brevard 3
Lake 1
Flagler, Seminole, Volusia 4
Hernando, Marion, Pasco, Sumter 2
Citrus, Dixie, Lafayette, Levy, Suwannee, Taylor 1
Dade 18
Broward 7
Martin, Palm Beach 5
Monroe 1
Charlotte, Collier, Hendry, Lee 2
Glades, Highlands, Indian River, Okeechobee,
St. Lucie 2
DeSoto, Manatee, Sarasota 3
Hardee, Osceola, Polk 4
Duval 9
Baker, Columbia, Hamilton, Nassau, Union 1
Alachua, Gilchrist, Putnam 2
Bradford, Clay, St. Johns 1
(2) Members of the house shall be qualified electors of,
reside in and be elected at large by the qualified electors in
the county or multi-county districts for which they are chosen.
Mr. Graham moved the adoption of the amendment.
The vote was:

Yeas-20
Baker
Bell
Brower
Clark
D'Alemberte
Nays-93
Alligood
Alvarez
Andrews
Arnold
Ashler
Beck
Bird
Blalock
Brake
Brantley
Brasher
Briggs
Campbell
Cleveland
Collins
Condon
Conway
Crabtree
Craig
Cramer
Crider
De Young
Ducker
Eddy

Danahy
Dubbin
Firestone
Gautier
Graham

Elmore
Featherstone
Fee
Fleece
Fortune
Fulford
Gallen
Gillespie
Grange
Griffin, B.
Griffin, J. J., Jr.
Grizzle
Hartnett
Henderson
Hodes
Humphrey
Inman
Karst
Kennelly
Klassen
Land
Martinez
Matthews
Mattox

Harris
Hector
Lewis
Mann
Myers

Ninos
Pruitt
Stafford
Wolfson
Yarborough

McDonald, L. N. Ryals
McDonald, T. S. Sackett
Middlemas Savage
Miers Scarborough
Mitchell Schultz
Murphy Sessums
Nichols Shaw
Osborne Singleton
Papy Smith, K.
Pettigrew Smith, S. C.
Poorbaugh Spicola
Pratt Stallings
Prominski Storey
Rainey Sweeny
Randell Tucker
Redman Tyre
Reed Walker
Reeves Wells
Register Whitson
Renick Williams
Robinson Yancey
Rowell
Rude
Rust

3 The amendment failed of adoption.
2 On motion by Mr. Arnold, the rules were waived by two-
thirds vote and HB 8-X(67), as amended, was read the third
" 2 time in full and passed, as amended. The vote was:

38

Jan. 17, 1967

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Yeas-105
Mr. Speaker
Alligood
Alvarez
Andrews
Arnold
Ashler
Baker
Beck
Blalock
Brake
Brantley
Brasher
Briggs
Campbell
Chappell
Clark
Cleveland
Collins
Conway
Crabtree
Craig
Crider
D'Alemberte
Danahy
De Young
Dubbin
Ducker
Nays-11
Bell
Bird
Brower

Condon
Cramer
Eddy

Elmore
Featherstone
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Grange
Griffin, B.
Griffin, J. J., Jr.
Grizzle
Harris
Hartnett
Hector
Henderson
Hodes
Humphrey
Inman
Karst
Kennelly
Klassen
Lewis
Mann
Martinez

Graham
Land
Myers

Sweeny
Yarborough

By unanimous consent, Mr. Prominski changed his vote from
"Yea" to "Nay".
HB 8-X(67) was ordered engrossed.

ENGROSSING REPORT
January 17, 1967
Your Engrossing Clerk to whom was referred-
CS for HB 5-X(67)
-with amendment reports the amendment has been incor-
porated and the bill is herewith returned.
Irma Linn
Engrossing Clerk
-and the bill with amendment, was ordered immediately
certified to the Senate.

Recess
On motion by Mr. Rowell, the House stood in informal recess
at 4:05 P.M. to reconvene at the call of the Speaker.

House Reconvened

The House was called to order by the Speaker at 5:37 P.M.
A quorum was present.

Adjournment
On motion by Mr. Rowell, the House adjourned at 5:40 P.M.
to reconvene at 7:30 P.M. today.

EVENING SESSION

The House was called to order by the Speaker at 7:30 P.M.
The following Members were recorded present:

Matthews Rude
Mattox Rust
McDonald, L. N.Ryals
McDonald, T. S. Sackett
Middlemas Savage
Miers Scarborough
Mitchell Schultz
Murphy Sessums
Nichols Shaw
Ninos Singleton
Osborne Smith, K.
Papy Smith, S. C.
Pettigrew Spicola
Poorbaugh Stafford
Pratt Stallings
Prominski Storey
Pruitt Tucker
Rainey Tyre
Randell Walker
Redman Wells
Reed Whitson
Reedy Williams
Reeves Wolfson
Register Yancey
Renick
Robinson
Rowell

Mr. Speaker
Alligood
Alvarez
Andrews
Arnold
Ashler
Baker
Beck
Bell
Bird
Blalock
Brake
Brantley
Brasher
Briggs
Brower
Campbell
Chappell
Clark
Cleveland
Collins
Condon
Conway
Crabtree
Craig
Cramer
Crider
D'Alemberte

39

Danahy
De Young
Dubbin
Ducker
Eddy
Elmore
Featherstone
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Grange
Griffin, B.
Griffin, J. J., Jr.
Grizzle
Harris
Hartnett
Hector
Henderson
Hodes
Humphrey
Inman
Karst

Excused: Representative Stallings
A quorum was present.
By unanimous consent, Mr. Rude changed his vote from
"Yea" to "Nay" on the passage of HB 8-X(67).

ENGROSSING REPORT
January 17, 1967
Your Engrossing Clerk to whom was referred-
HB 8-X(67)
-with amendments, reports the amendments have been in-
corporated and the bill is herewith returned.
Irma Linn
Engrossing Clerk
On motion by Mr. Arnold, the rules were waived by two-
thirds vote and HB 8-X(67) was ordered immediately certified
to the Senate.

Recess
On motion by Mr. Rowell, the House stood in informal recess
at 7:35 P.M. to reconvene at the call of the Speaker.

House Reconvened
The House was called to order by the Speaker at 8:20 P.M.
A quorum was present.

Messages from the Senate

Jan. 17, 1967
Honorable Ralph D. Turlington
Speaker, House of Representatives

Sir:

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

By Committee on Apportionment, Resolutions and Memorials-
CS for SB 8-X(67)-A bill to be entitled An act amending
chapter 66-1, laws of Florida; providing for the apportionment
of the senate and the house of representatives of the legislature
of the state of Florida; prescribing terms of office of member-
ship of both houses; providing for continuation in office by

Kennelly Reeves
Klassen Renick
Land Robinson
Lewis Rowell
Mann Rude
Martinez Ryals
Matthews Sackett
Mattox Savage
McDonald, L. N. Scarborough
McDonald, T. S. Schultz
Middlemas Shaw
Miers Singleton
Mitchell Smith, K.
Murphy Smith, S. C.
Myers Spicola
Nichols Stafford
Ninos Storey
Osborne Sweeny
Papy Tucker
Pettigrew Tyre
Poorbaugh Walker
Pratt Wells
Prominski Whitson
Pruitt Williams
Rainey Wolfson
Randell Yancey
Redman Yarborough
Reed

members until the general election in November 1968; provid-
ing for elections; providing effective dates.
-and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
CS for SB 8-X(67) contained in the above message, was
read the first time by title and referred to the Select Committee
on Apportionment.

Honorable Ralph D. Turlington
Speaker, House of Representatives

Jan. 17, 1967

Sir:
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
two-thirds vote and passed-
C.S. for HB 5-X(67)
Respectfully,
EDWIN G. FRASER
Secretary of the Senate

Jan. 17, 1967

-and CS for HB 5-X(67) contained in the above message,
was ordered enrolled.

ENROLLING REPORT

Your Enrolling Clerk to whom was referred-
CS for HB 5-X(67)
-reports same has been enrolled, signed by the required
Constitutional officers, and presented to the Governor on Janu-
ary 17, 1967.
ALLEN MORRIS, CLERK

Adjournment
On motion by Mr. Rowell, the House adjourned at 8:45 P.M.
to reconvene at 10:00 A.M. tomorrow.

40

JOURNAL OF THE HOUSE OF REPRESENTATIVES

~C~jiE Z
C,,=

*'p~p~e0

THE JOURNAL OF THE FLORIDA

House of Representatives

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

EXTRAORDINARY SESSION

WEDNESDAY, JANUARY 18, 1967

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

pro tempore
Dubbin
Ducker
Eddy
Elmore
Featherstone
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Grange
Griffin, B.
Griffin, J. J., Jr.
Grizzle
Harris
Hartnett
Hector
Henderson
Hodes
Holloway
Humphrey
Inman
Karst
Kennelly
Klassen

Land Robinson
Lewis Rowell
Mann Rude
Martinez Rust
Matthews Ryals
Mattox Sackett
McDonald, L. N. Savage
McDonald, T. S. Scarborough
Middlemas Schultz
Miers Sessums
Mitchell Shaw
Murphy Singleton
Myers Smith, K.
Nichols Smith, S. C.
Ninos Spicola
Osborne Stafford
Papy Stallings
Pettigrew Storey
Poorbaugh Sweeny
Pratt Tucker
Prominski Turlington
Pruitt Tyre
Rainey Wells
Randell Whitson
Redman Williams
Reed Wolfson
Reedy Yancey
Reeves Yarborough
Renick

Excused: Representative Register

A quorum was present.

Prayer by The Honorable Robert C. De Young:

Our Heavenly Father, we thank Thee for the rest of the
past night and for the dawn of a new day. Eternal Spirit,
who art ever more ready to hear than we are to pray, who
knowest our necessities before we ask, and our ignorance
in asking; behold us here, seeking in a common prayer,
light upon our ways, and strength within our hearts. Give
us the listening ear, the responsive will, and bring such
answer to each sincere prayer, as each of us severally
needs. We turn to Thee from the perplexities and uncer-
tainties which daily beset us, and pray for relief from
disquieting and cowardly fears. We are bewildered by the
confusion of the world. We lose the way of certitude and
self control. We are tempted by petty annoyances, by de-
spondency and doubt, and by the angry emotions of the
world. The fear of doing wrong paralyzes the power to
do right, and our decisions falter under the strain of ap-
prehension and self distrust. Restore to Thy servants, the
sanity and courage they sorely need, and banish the evil
spirit of fear by the expulsive power of new faith, new
affections and new desires. Now come close to hearts so
troubled over their private griefs that they can hardly
feel the grief of the world. See how, discouraged and
bereaved, smitten down and weary with life some of Thy
servants are! We pray for a new spirit of triumph and
hope. One that will enable us to carry on the work of the
day. Give us the power adequate to make us more than
conquerors! Doers of good to all mankind. For that we
pray in the Spirit of Christ. Amen.

Mr. Speaker
Alligood
Alvarez
Andrews
Arnold
Ashler
Baker
Beck
Bell
Bird
Blalock
Brake
Brantley
Brasher
Briggs
Brower
Campbell
Chappell
Clark
Cleveland
Collins
Condon
Conway
Crabtree
Craig
Cramer
Crider
D'Alemberte
Danahy
De Young

41

The Journal
The Journal of January 17 was ordered corrected and ap-
proved as follows: on page 37, column 2, roll call at top,
after "Hartnett" insert "Hector".

Message from the Senate
January 17, 1967
The Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has adopted-
By Senator Barron and others-
SCR 10-X(67)-A CONCURRENT RESOLUTION relating
to general findings of fact and specific findings of fact con-
cerning the rational state policy basis for acceptable varia-
tions from exact equal apportionment of the Senate of the
State of Florida on the basis of population as provided in
Chapter 66-1, Laws of Florida.
-and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
SCR 10-X(67), contained in the above message, was read
the first time in full and referred to the Select Committee on
Apportionment.

Recess
On motion by Mr. Rowell, the House stood in informal recess
at 10:15 A.M. to reconvene at the call of the Speaker.

House Reconvened
The House was called to order by the Speaker pro tempore
at 12:02 P.M.
A quorum was present.

Adjournment
On motion by Mr. Rowell, the House adjourned at 12:05 P.M.
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 Beck Briggs Condon
Alligood Bell Brower Conway
Alvarez Bird Campbell Crabtree
Andrews Blalock Chappell Craig
Arnold Brake Clark Cramer
Ashler Brantley Cleveland Crider
Baker Brasher Collins D'Alemberte

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Jan. 18, 1967

Danahy
De Young
Dubbin
Ducker
Eddy
Elmore
Featherstone
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Grange
Griffin, B.
Griffin, J. J., Jr.
Grizzle
Harris
Hartnett

Hector
Henderson
Hodes
Holloway
Humphrey
Inman
Karst
Kennelly
Klassen
Land
Lewis
Mann
Martinez
Matthews
Mattox
McDonald,
McDonald,
Middlemas
Miers
Mitchell
Murphy
Myers

Nichols
Ninos
Osborne
Papy
Pettigrew
Poorbaugh
Pratt
Prominski
Pruitt
Rainey
Randell
Redman
Reed
Reedy
Reeves
L. N. Renick
T. S. Robinson
Rowell
Rude
Rust
Ryals
Sackett

Savage
Scarborough
Schultz
Sessums
Shaw
Singleton
Smith, K.
Smith, S. C.
Spicola
Stafford
Stallings
Storey
Sweeny
Tucker
Tyre
Walker
Wells
Whitson
Williams
Wolfson
Yancey
Yarborough

Bay, Gulf
Brevard, Osceola
Broward
Calhoun, Jackson
Charlotte, Collier, Hendry, Lee
Citrus, Hernando, Marion, Sumter
Dade
DeSoto, Hardee, Highlands, Manatee
Dixie, Jefferson, Madison, Taylor
Duval
Escambia
Flagler, St. Johns, Volusia
Franklin, Leon, Wakulla

A quorum was present.

Recess
On motion by Mr. Rowell, the House stood in informal recess
at 1:20 P.M. to reconvene at the call of the Speaker.

House Reconvened
The House was called to order by the Speaker at 2:37 P.M.
A quorum was present.

Report of Select Committee
The Select Committee on Apportionment recommends the
following pass:
CS for SB 8-X(67), with amendment
The bill was placed on the calendar.

Consideration of Senate Bills on Second Reading
CS for SB 8-X(67)-A bill to be entitled An act amending
chapter 66-1, laws of Florida; providing for the apportionment
of the senate and the house of representatives of the legis-
lature of the state of Florida; prescribing terms of office of
membership of both houses; providing for continuation in
office by members until the general election in November 1968;
providing for elections; providing effective dates.
-was taken up.
On motion by Mr. Arnold, the rules were waived by two-
thirds vote and CS for SB 8-X(67) was read the second time
by title.
The Select Committee on Apportionment offered the follow-
ing amendment:
Strike entire Section 3 and insert the following:
Section 3. (1) The house of representatives of the Florida
legislature shall consist of one hundred eighteen (118) mem-
bers apportioned among the counties according to the latest
federal decennial census of population. Until reapportioned ac-
cording to the census of 1970 the representation in the house
of representatives shall be apportioned as follows:

County or Counties Number of Members
Alachua, Bradford, Clay, Gilchrist,
Levy, Putnam 4
Baker, Columbia, Hamilton, Lafayette,
Nassau, Suwannee, Union 2

Gadsden, Liberty 1
Glades, Indian River, Martin,
Okeechobee, St. Lucie 2
Hillsborough 9
Holmes, Okaloosa, Santa Rosa,
Walton, Washington 3
Lake, Orange, Seminole 9
Monroe 1
Palm Beach 5
Pasco, Pinellas 10
Polk 5
Sarasota 2
(2) Members of the house shall be qualified electors of,
reside in and be elected at large by the qualified electors in
the county or multi-county districts for which they are chosen
unless otherwise provided herein:
(a) In the multi-county district of Alachua, Bradford, Clay,
Gilchrist, Levy and Putnam, two (2) representatives shall re-
side in Alachua county and two (2) representatives shall re-
side in a county or counties other than Alachua county.
(b) In the multi-county district of Charlotte, Collier, Hendry
and Lee, one (1) representative shall reside in Lee County
and one (1) representative shall reside in a county other
than Lee county.
(c) In the multi-county district of DeSoto, Hardee, High-
lands and Manatee, at least one (1) representative shall be a
resident of either DeSoto, Hardee or Highlands county.
(d) In the multi-county district of Glades, Indian River,
Martin, Okeechobee and St. Lucie one (1) representative shall
reside in St. Lucie county and one (1) representative shall re-
side in a county other than St. Lucie county.
(e) In the multi-county district of Holmes, Okaloosa, Santa
Rosa, Walton and Washington, one (1) representative shall
reside in either Holmes, Walton or Washington county, and
two (2) representatives shall reside in a county or counties
other than Holmes, Walton or Washington.
(f) In the multi-county district of Lake, Orange and Sem-
inole, at least one (1) representative shall reside in each of
said counties.
(g) In the multi-county district of Pasco and Pinellas, at
least one (1) representative shall reside in Pasco county.
Mr. Arnold moved the adoption of the amendment.
Representatives Land, Savage, Reed, De Young, Humphrey,
Poorbaugh and Rust offered the following substitute amendment:
Strike Section 3 and insert the following:
Section 3. (1) The House of Representatives of the State of
Florida shall consist of 120 representatives apportioned among
the counties as follows:

42

2
3
8
1
2
2
22
3
1
11
4
4
2

Jan. 18, 1967

JOURNAL OF THE HOUSE OF REPRESENTATIVES

County or Counties Numb(
Alachua, Gilchrist, Putnam, Levy,
Clay, Bradford
Baker, Columbia, Nassau, Union, Hamilton,

er of Members

4

Suwannee, Lafayette 2
Bay, Gulf 2
Brevard 3
Broward 8
Calhoun, Jackson 1
Collier, Glades, Hendry, Lee 2
Citrus, Hernando, Marion, Sumter 2
Dade, Monroe 23
DeSoto, Hardee, Highlands, Manatee 3
Dixie, Jefferson, Taylor, Madison 1
Duval 11
Escambia 4
Franklin, Leon, Wakulla 2
Gadsden, Liberty 1
Hillsborough 9
Holmes, Walton, Washington 1
Okaloosa, Santa Rosa 2
Indian River, Martin, St. Lucie, Okeechobee 2
Lake, Seminole 3
Orange, Osceola 7
Palm Beach 6
Pinellas 9
Pasco, Polk 6
Sarasota, Charlotte 2
Volusia, St. Johns, Flagler 4
(2) Members of the house shall be qualified electors of,
reside in and be elected at large by the qualified electors in
the county or multi-county districts for which they are chosen
unless otherwise provided herein:
(a) In the multi-county district of Alachua, Bradford, Clay,
Gilchrist, Levy and Putnam, two (2) representatives shall re-
side in Alachua county and two (2) representatives shall re-
side in a county or counties other than Alachua county.
(b) In the multi-county district of Charlotte, Collier, Hendry
and Lee, one (1) representative shall reside in Lee county
and one (1) representative shall reside in a county other than
Lee county.
(c) In the multi-county district of DeSoto, Hardee, High-
lands and Manatee, at least one (1) representative shall be
a resident of either DeSoto, Hardee or Highlands county.
(d) In the multi-county district of Glades, Indian River,
Martin, Okeechobee and St. Lucie one (1) representative shall
reside in St. Lucie county and one (1) representative shall re-
side in a county other than St. Lucie county.
(e) In the multi-county district of Holmes, Okaloosa, Santa
Rosa, Walton and Washington, one (1) representative shall re-
side in either Holmes, Walton or Washington county, and
two (2) representatives shall reside in a county or counties
other than Holmes, Walton or Washington.
(f) In the multi-county district of Lake, Orange and Semi-
nole, at least one (1) representative shall reside in each of
said counties.

(g) In the multi-county district of Pasco and Pinellas,
at least one (1) representative shall reside in Pasco county.

Mr. Land moved the adoption of the substitute amendment.

43

Representatives Storey, Yancey, Clark and Mattox offered
the following amendment to the substitute amendment: Follow-
ing the word "Pinellas", strike "9" and insert "Pasco-10"
Mr. Storey moved the adoption of the amendment to the
substitute amendment.
The vote was:

Yeas-73
Alligood
Alvarez
Ashler
Baker
Bell
Bird
Blalock
Brake
Brasher
Briggs
Brower
Carhpbell
Clark
Collins
Conway
Crider
D'Alemberte
Danahy
De Young
Nays-33
Andrews
Arnold
Beck
Brantley
Chappell
Cleveland
Condon
Crabtree
Eddy

Dubbin
Ducker
Elmore
Feathersto
Fortune
Fulford
Gallen
Gillespie
Graham
Grange
Griffin, B.
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey
Inman
Karst

Fee
Firestone
Fleece
Gautier
Grizzle
Henderson
Kennelly
Lewis
McDonald,

Mann
Martinez
Matthews
)ne Mattox
McDonald, ]
Middlemas
Miers
Ninos
Papy
Pettigrew
Pratt
Randell
Redman
Reeves
Renick
Rude
Rust
Ryals
Sackett

Mitchell
Murphy
Myers
Nichols
Osborne
Poorbaugh
Prominski
Rainey
T. S. Robinson

Schultz
Sessums
Shaw
Singleton
L. N. Smith, S. C.
Spicola
Stallings
Storey
Sweeny
Tucker
Tyre
Walker
Wells
Williams
Wolfson
Yancey

Rowell
Savage
Scarborough
Stafford
Whitson
Yarborough

By unanimous consent, Mr. Tyre afterwards changed his
vote from "Yea" to "Nay".
The amendment to the substitute amendment was adopted.
Representatives Storey and Yancey offered the following
amendment to the substitute amendment:
Strike "Pasco and Polk 6" and insert "Polk-5"
Mr. Storey moved the adoption of the amendment to the
substitute amendment which was adopted.
Representatives Shaw, L. N. McDonald, Tyre and Andrews
offered the following amendment to the substitute amendment:
In Section 3, strike:
Alachua, Gilchrist, Putnam, Levy, Clay, Bradford 4
Baker, Columbia, Nassau, Union, Hamilton,
Suwannee, Lafayette 2
Dixie, Jefferson, Taylor, Madison 1
Franklin, Leon, Wakulla 2
Gadsden, Liberty 1
and insert the following:
Alachua, Gilchrist, Putnam, Levy 3
Baker, Columbia, Nassau 1
Bradford, Clay, Union 1
Franklin, Wakulla, Jefferson, Taylor, Dixie 1
Gadsden 1
Hamilton, Lafayette, Madison, Suwannee 1
Leon, Liberty 2
Mr. Andrews moved the adoption of the amendment to the
substitute amendment which failed of adoption.
Representative Papy offered the following amendment to the
substitute amendment:

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Strike "Dade, Monroe-23" and insert the following: Dade-22
Monroe-1
Mr. Papy moved the adoption of the amendment to the
substitute amendment which was adopted.

THE SPEAKER PRO TEMPORE IN THE CHAIR
Representative Henderson offered the following amendment
to the substitute amendment:
Strike:
Sarasota and Charlotte 2
Collier, Glades, Hendry and Lee 2
and insert the following:
Sarasota 2
Collier, Glades, Hendry, Charlotte and Lee 2
Mr. Henderson moved the adoption of the amendment to
the substitute amendment which failed of adoption.

THE SPEAKER IN THE CHAIR
Representative Brasher offered the following amendment to
the substitute amendment:
Strike:
Pasco, Pinellas 10
and insert the following:
Pinellas 9
Pasco 1

Mr. Brasher moved the adoption of the
substitute amendment.
The vote was:
Yeas-38

Elmore Papy
Fleece Poorbaugh
Fortune Pratt
Grizzle Rainey
Henderson Randell
Humphrey Reed
Mann Robinson
McDonald, T. S. Rowell
Murphy Rust
Osborne Savage

Ducker Holloway
Eddy Inman
Featherstone Karst
Fee Kennelly
Firestone Land
Fulford Lewis
Gallen Martinez
Gautier Matthews
Gillespie Mattox
Graham Middlemas
Grange Miers
Griffin, B. Mitchell
Griffin, J. J., Jr. Myers
Harris Nichols
Hartnett Ninos
Hector Pettigrew
Hodes Pruitt

amendment to the

Sessums
Shaw
Stafford
Storey
Sweeny
Tyre
Whitson
Yancey

Redman
Reeves
Renick
Rude
Ryals
Scarborough
Schultz
Smith, S. C.
Spicola
Stallings
Tucker
Wells
Williams
Wolfson
Yarborough

The amendment to the substitute amendment failed of
adoption.
Representative Henderson offered the following amendment
to the substitute amendment:
In Section 3(1), strike all following "as follows:" and insert
the following:
Alachua, Gilchrist, Putnam 3
Baker, Columbia, Nassau 1

Jan. 18, 1967

Bradford, Clay, Union
Bay, Gulf
Brevard
Broward
Calhoun, Jackson
Charlotte, Collier, Glades, Hendry, Lee
Citrus, Hernando, Marion, Sumter
Dade
DeSoto, Hardee, Highlands, Manatee
Dixie, Jefferson, Levy, Taylor
Duval
Escambia
Franklin, Leon, Wakulla
Gadsden, Liberty
Hamilton, Lafayette, Madison, Suwannee
Hillsborough
Holmes, Walton, Washington
Indian River, Martin, St. Lucie, Okeechobee
Lake, Seminole
Monroe
Okaloosa, Santa Rosa
Orange, Osceola
Palm Beach

1
2
3
8
1
2
2
22
3
1
11
4
2
1
1
9
1
2
3
1
2
6
5

Pasco 1
Pinellas 9
Polk 5
Sarasota 2
Volusia, St. Johns, Flagler 4
TOTAL 118
Mr. Henderson moved the adoption of the amendment to
the substitute amendment.
Mr. Yarborough moved that the amendment to the sub-
stitute amendment be laid on the table.
The vote was:

Yeas-71
Alvarez
Arnold
Ashler
Baker
Beck
Bell
Bird
Blalock
Brantley
Briggs
Brower
Clark .
Collins
Conway
Cramer
Crider
D'Alemberte
Danahy
Nays-40
Alligood
Andrews
Brasher
Campbell
Chappell

Dubbin Inman
Ducker Karst
Eddy Kennelly
Featherstone Land
Firestone Lewis
Fulford Mann
Gallen Martinez
Gautier Matthews
Gillespie Mattox
Graham Middlemas
Grange Miers
Griffin, B. Mitchell
Griffin, J. J., Jr. Myers
Harris Nichols
Hartnett Ninos
Hector Pettigrew
Hodes Prominski
Holloway Redman

Cleveland Elmore
Condon Fee
Crabtree Fleece
Craig Fortune
De Young Grizzle

Reeves
Renick
Rude
Ryals
Sackett
Scarborough
Schultz
Sessums
Singleton
Spicola
Stallings
Sweeny
Tucker
Wells
Wolfson
Yancey
Yarborough

Henderson
Humphrey
Klassen
McDonald, L. N.
McDonald, T. S.

44

Beck
Brasher
Campbell
Chappell
Cleveland
Condon
Conway
Crabtree
Cramer
De Young
Nays-66
Alligood
Arnold
Ashler
Baker
Bell
Bird
Blalock
Brantley
Briggs
Brower
Clark
Collins
Craig
Crider
D'Alemberte
Danahy
Dubbin

Jan. 18, 1967

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Murphy Pruitt Rowell Storey
Osborne Rainey Rust Tyre
Papy Randell Savage Walker
Poorbaugh Reed Shaw Whitson
Pratt Robinson Stafford Williams
The amendment to the substitute amendment was laid on
the table.
Representative Crabtree offered the following amendment
to the substitute amendment:

Strike:
Charlotte and Sarasota 2
and insert the following:
Sarasota 2

DeSoto, Hardee, Highlands, Manatee
and Charlotte

3

Mr. Crabtree moved the adoption of the amendment to the
substitute amendment which failed of adoption.
Representatives Sessums and Craig offered the following
amendment to the substitute amendment:
Strike Section 3(1) and insert the following: Section 3.
(1) The house of representatives of the Florida legislature
shall consist of one hundred eighteen (118) members appor-
tioned among the counties according to the latest federal decen-
nial census of population. Until reapportioned according to the
census of 1970 the representation in the house of representatives
shall be apportioned as follows:

County or Counties
Alachua, Gilchrist, Levy
Baker, Bradford, Nassau, Union
Bay, Gulf
Brevard, Osceola

Number

Broward
Calhoun, Jackson
Charlotte, Collier, Hendry, Lee
Citrus, Hernando, Marion, Sumter
Clay, Flagler, Putnam, St. Johns
Columbia, Hamilton, Lafayette and Suwannee
Dade
DeSoto, Hardee, Highlands, Manatee
Dixie, Jefferson, Madison, Taylor
Duval
Escambia
Volusia
Franklin, Leon, Wakulla
Gadsden, Liberty
Glades, Indian River, Martin, Okeechobee
and St. Lucie
Hillsborough
Holmes, Okaloosa, Santa Rosa,
Walton, Washington
Lake, Orange, Seminole
Monroe
Palm Beach
Pasco, Pinellas
Polk
Sarasota

of Members
2
1
2
3
8
1
2
2
2
1
22
3
1
11
4
3
2
1

2
9

3
9
1
6
10
5
2

Mr. Sessums moved the adoption of the
substitute amendment.
Mr. Tyre moved that the amendment
amendment be laid on the table.

The vote was:
Yeas-59
Alligood E!
Alvarez F
Arnold F(
Ashler F
Blalock F
Brasher F
Briggs G:
Campbell G]
Chappell G:
Clark H
Cleveland In
Collins K
Crider La
Danahy M
Ducker M
Nays-52
Andrews D
Baker D
Beck E(
Bell F
Bird G.
Brake G;
Brower GI
Condon G:
Conway G
Crabtree H
Craig H
Cramer H(
D'Alemberte H

more
eathersto
ee
leece
ortune
ulford
range
riffin, B.
griffin, J. J
odes
iman
arst
and
attox
cDonald,

e Young
ubbin
ddy
irestone
allen
autier
illespie
raham
rizzle
arris
artnett
ector
enderson

The amendment to the
the table.
The question recurred
amendment, as amended.

The vote was:
Yeas-91
Alligood D
Alvarez D
Arnold D
Ashler E
Baker E
Bell F
Bird F
Blalock F
Brake F
Briggs F
Brower G
Campbell G
Chappell G
Clark G
Cleveland G
Collins G
Condon H
Conway H
Craig H
Cramer H
Crider H
D'Alemberte H
Danahy K
Nays-22
Andrews G
Beck H
Brasher Ir
Crabtree K
Fleece M
Graham 0

'e Young
ubbin
'ucker
;ddy
more
'eatherstone
ee
'irestone
fortune
"ulford
fallen
autier
illespie
range
riffin, B.
riffin, J. J., J
larris
[artnett
ector
lodes
:olloway
umphrey
:arst

rizzle
enderson
iman
:lassen
[cDonald, L.
sborne

amendment to the

to the substitute

McDonald, T. S. Scarborough
ne Middlemas Schultz
Miers Shaw
Mitchell Smith, S. C.
Ninos Stafford
Osborne Stallings
Poorbaugh Storey
Pratt Tucker
.,Jr. Pruitt Tyre
Rainey Wells
Redman Whitson
Robinson Williams
Rowell Wolfson
Rust Yancey
L. N. Savage

Holloway Reed
Humphrey Reeves
Kennelly Renick
Lewis Rude
Mann Ryals
Martinez Sackett
Matthews Sessums
Murphy Singleton
Myers Smith, K.
Papy Spicola
Pettigrew Sweeny
Prominski Walker
Randell Yarborough
substitute amendment was laid on

on the adoption of the substitute

Kennelly
Land
Lewis
Mann
Martinez
Matthews
Mattox
McDonald, T.
Middlemas
Miers
Mitchell
Murphy
Myers
Nichols
Ninos
rr. Papy
Pettigrew
Poorbaugh
Pratt
Prominski
Pruitt
Redman
Reed

Rainey
Randell
Robinson
Rowell
N. Savage
Shaw

Reeves
Renick
Rude
Rust
Ryals
Sackett
Scarborough
S. Schultz
Sessums
Singleton
Smith, K.
Smith, S. C.
Spicola
Stallings
Storey
Sweeny
Tucker
Wells
Williams
Wolfson
Yancey
Yarborough

Stafford
Tyre
Walker
Whitson

The substitute amendment, as amended, was adopted.
Representative Sweeny offered the following amendment:
At end of Section 5 insert the following: "It is the intent

45

46

of the legislature that if any or all of the residency requirements
which may be contained in this act are found to be uncon-
stitutional, such finding shall not invalidate the remainder of
this act, as such residency requirements were not considered
to be essential to the passage of this act by the legislature."
Mr. Sweeny moved the adoption of the amendment which
was adopted.
Representative Sweeny offered the following amendment:
Section 7, at end of subsection (2) strike the period and
insert the following: "; provided that in the event a federal
court of competent jurisdiction finds that the apportionment
provided by chapter 66-1, laws of Florida, meets the re-
quirements of the Constitution of the United States, the
provisions of this act shall not take effect."
Mr. Sweeny moved the adoption of the amendment which
was adopted.
Representatives Cleveland and T. McDonald offered the fol-
lowing amendment:
In Section 3, sub-section (2) strike paragraph (f) and
insert the following:
(f) In the multi-county district of Lake and Seminole,
one (1) representative shall be a resident of Lake County and
one (1) representative shall be a resident of Seminole county
and the remaining representative may be a resident of either
county.
Mr. Cleveland moved the adoption of the amendment which
was adopted.
Representative Brasher offered the following amendment: In
Section 3, subsection (2), strike paragraph (g) and insert the
following:
(g) In the multi-county district of Pasco and Pinellas, at
least one (1) representative shall be a resident of Pasco
county.
Mr. Brasher moved the adoption of the amendment which
was adopted.
Representative Craig offered the following amendment:
In Section 3, subsection (2) add paragraph (h) as follows:
(h) In the multi-county district of Flagler, St. Johns and
Volusia, three (3) representatives shall be residents of Volusia
county, and one (1) representative shall be a resident of either
of the other two counties.
Mr. Craig moved the adoption of the amendment which was
adopted.

Recess
On motion by Mr. Rowell, the House stood in informal recess
at 5:15 P.M. to reconvene at 5:25 P.M. today.

House Reconvened
The House was called to order by the Speaker at 5:25 P.M.
A quorum was present.
Representatives Karst, Fee, Pratt, S. C. Smith, and Gallen
offered the following amendment:
In Section 3, sub-section (2), strike paragraphs (c) and
(d) and insert the following:
(c) In the multi-county district of DeSoto, Hardee, High-
lands and Manatee, at least one (1) representative shall be
a resident of either DeSoto, Hardee or Highlands County, and
at least one (1) representative shall be a resident of Manatee
County.
(d) In the multi-county district of Indian River, St. Lucie,
Okeechobee and Martin Counties (1) representative shall

be a resident of either St. Lucie or Okeechobee County, and
one (1) representative shall be a resident of either Indian River
or Martin County.

Jan. 18, 1967

Mr. Karst moved the adoption of the amendment which was
adopted.
Representatives Randell and Walker offered the following
amendment: In Section 3, subsection (2), strike paragraph
(b) and insert the following:
(b) In the multi-county district of Collier, Glades, Hendry
and Lee, one (1) representative shall be a resident of Lee
County, and one (1) representative shall be a resident of a
county other than Lee.
Mr. Randell moved the adoption of the amendment which was
adopted.

MR. ROWELL IN THE CHAIR
Representatives Elmore and Fortune offered the following
amendment:
In Section 3, sub-section 2, strike all of paragraph (e) and
renumber the remaining paragraphs.
Mr. Elmore moved the adoption of the amendment which
was adopted.
Representative Murphy offered the following amendment:
In Section 3, subsection 2, strike paragraph (g) and insert
the following:
(g) In the multi-county district of Pinellas and Pasco,
only one representative shall be a resident of Pasco County.
Mr. Murphy moved the adoption of the amendment which
was adopted.
On motion by Mr. Brasher, the House reconsidered the vote
by which the amendment was adopted.
The question recurred on the adoption of the amendment.
Representative Mann offered the following amendment to
the amendment: Following the words "Pinellas and Pasco,"
strike remainder of sentence and insert the following: one shall
be a resident of Pasco County.
Mr. Mann moved the adoption of the amendment to the
amendment which was adopted.
The question recurred on the adoption of the amendment, as
amended, which was adopted.
On motion by Mr. Brasher, the House reconsidered the vote
by which the amendment by Mr. Brasher to Section 3, sub-
section (2), paragraph (g) was adopted.
The question recurred on the adoption of the amendment
by Mr. Brasher, which failed of adoption.
Representative Shaw offered the following amendment:
In Section 3, sub-section (2), strike paragraph (a) and in-
sert the following:
(a) In the multi-county district of Alachua, Bradford, Clay,
Gilchrist, Levy and Putnam, two (2) representatives shall be
residents of Alachua County and two (2) representatives shall
be residents of a county or counties other than Alachua County.
Mr. Shaw moved the adoption of the amendment which was
adopted.
Representatives Conway, Gillespie and Sweeny offered the
following amendment:
In Section 1, page 4, strike all of Section One as it appears
on pages 4 through 9, inclusive and insert the following:
(2) The representation in the senate of the Florida legis-
lature shall consist of 48 members representing districts and
shall be apportioned as follows:
First District-Escambia and Santa Rosa counties.
Second District--Escambia and Santa Rosa counties,
Third District-Okaloosa, Walton, Washington and Holmes
counties.

Fourth District-Bay and Jackson counties.
Fifth District-Calhoun, Franklin, Gadsden, Gulf, Hamilton,

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Jefferson, Leon, Liberty, Madison, Suwannee and Wakulla
counties.
Sixth District-Baker, Bradford, Clay, Columbia, Dixie,
Gilchrist, Lafayette, Levy, Nassau and Taylor counties.
Seventh District-Polk county.
Eighth District-Alachua, Putnam and Union counties.
Ninth District-Duval county.
Tenth District-Duval county.
Eleventh District-Pinellas county.
Twelfth District-Brevard, Indian River, Martin, Okeecho-
bee and St. Lucie counties; provided that the senator from
the twelfth district shall reside in a county other than
Brevard.
Thirteenth District-Dade and Monroe counties.
Fourteenth District-Citrus, Hernando, Lake, Marion,
Osceola, Pasco and Sumter counties.
Fifteenth District-Flagler, St. Johns, Seminole and Volusia
counties; provided that the senator from the fifteenth district
shall reside in Volusia county.
Sixteenth District-Citrus, Hernando, Lake, Marion, Osceola,
Pasco and Sumter counties.
Seventeenth District-Dade and Monroe counties.
Eighteenth District-Duval county.
Nineteenth District-Orange county.
Twentieth District-Orange county.
Twenty-First District-Hillsborough county.
Twenty-Second District-Hillsborough county.
Twenty-Third District-Hillsborough county.
Twenty-Fourth District-Charlotte, Collier, Glades, Hendry
and Lee counties.
Twenty-Fifth District-Calhoun, Franklin, Gadsden, Gulf,
Hamilton, Jefferson, Leon, Liberty, Madison, Suwannee and
Wakulla counties.
Twenty-Sixth District-Polk county.
Twenty-Seventh District-DeSoto, Hardee, Highlands, Mana-
tee and Sarasota counties.
Twenty-Eighth District-DeSoto, Hardee, Highlands, Mana-
tee and Sarasota counties.
Twenty-Ninth District-Pinellas county.
Thirtieth District-Broward county.
Thirty-First District-Duval county.
Thirty-Second District-Pinellas county.
Thirty-Third District-Palm Beach county.
Thirty-Fourth District-Hillsborough county.
Thirty-Fifth District-Palm Beach county.
Thirty-Sixth District-Orange county.
Thirty-Seventh District-Brevard, Indian River, Martin, Okee-
chobee and St. Lucie counties; provided that the senator from
the thirty-seventh district shall reside in Brevard county.
Thirty-Eighth District-Pinellas county.
Thirty-Ninth District-Broward county.
Fortieth District-Dade and Monroe counties.
Forty-First District-Flagler, St. Johns, Seminole, and
Volusia counties; provided that the senator from the forty-first
district shall reside in a county other than Volusia county.

Forty-Second District-Dade and Monroe counties. Such dis-
trict shall consist of all of Monroe county and that part of
Dade county which consists of precincts numbered 203, 205,

47

206, 207, 208, 209, 210, 235, 236, 237, 238, 320, 321, 322, 323,
324, 325, and 326, as they existed and were on file in the
office of the secretary of state as of March 2, 1966, and any
changes in the precinct boundaries, after March 2, 1966, shall
not affect the senatorial district herein created, unless ap-
proved by the legislature in a subsequent reapportionment
plan. The senator representing the forty-second district shall
reside in and be a duly qualified elector of the forty-second
district and shall be elected by the people of Dade and Monroe
counties.
Forty-Third District-Dade and Monroe counties.
Forty-Fourth District-Dade and Monroe counties.
Forty-Fifth District-Dade and Monroe counties.
Forty-Sixth District-Dade and Monroe counties.
Forty-Seventh District-Dade and Monroe counties.
Forty-Eighth District-Broward county.
(3) (A) The even numbered senatorial districts designated
as the second, tenth, eighteenth, twentieth, twenty-second,
twenty-fourth, twenty-sixth, twenty-eighth, thirtieth, thirty-
second, thirty-fourth, thirty-sixth, thirty-eighth, fortieth, forty-
second, forty-fourth, forty-sixth and forty-eighth, which are
identical in geographic territory with the same numbered dis-
tricts as they existed at the general election in 1966 shall be
filled until the general election of 1970 by the senators elected
at the general election in 1966 and thereafter for four (4)
year terms.
(B) The senatorial offices provided for by Section 1 of this
act and designated by odd numbered senatorial districts num-
bered the first, seventh, ninth, eleventh, thirteenth, seventeenth,
nineteenth, twenty-first, twenty-third, twenty-seventh, twenty-
ninth, thirty-first, thirty-third, thirty-fifth, thirty-ninth,
forty-third, forty-fifth and forty-seventh districts, which are
identical in geographic territory with the same numbered dis-
tricts as they existed at the general election in 1966 shall be
filled at the general election of 1968 for a four (4) year
term and thereafter for four (4) year terms.
(C) All senators, except as herein provided, and except
when vacancies are to be filled for unexpired terms, shall be
elected for four (4) year terms.
Mr. Gillespie moved the adoption of the amendment which
was adopted.
Representative Murphy offered the following amendment: In
Section 3, sub-section 2, strike paragraph (g) and insert the
following:
(g) In the multi-county district of Pasco and Pinellas,
nine (9) representatives shall be residents of Pinellas County
and one (1) representative shall be a resident of Pasco County.
Mr. Murphy moved the adoption of the amendment which
was adopted.
On motion by Mr. Arnold, the rules were waived by two-
thirds vote and CS for SB 8-X(67), as amended, was read the
third time in full and passed, as amended. The vote was:
Yeas-97

The Chair
Alligood
Alvarez
Andrews
Arnold
Ashler
Baker
Beck
Bell
Bird
Blalock
Brake
Brantley
Briggs
Brower
Campbell
Chappell
Clark
Cleveland
Collins
Condon
Conway

Craig
Cramer
Crider
D'Alemberte
Danahy
De Young
Dubbin
Ducker
Eddy
Elmore
Featherstone
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Grange
Griffin, B.

Griffin, J. J., Jr. Papy
Harris Pettigrew
Hartnett Poorbaugh
Hector Pratt
Hodes Prominski
Holloway Pruitt
Humphrey Redman
Karst Reed
Kennelly Reeves
Land Renick
Lewis Rude
Mann Rust
Martinez Ryals
Matthews Sackett
Mattox Savage
McDonald, T. S. Scarborough
Middlemas Schultz
Miers Sessums
Mitchell Singleton
Murphy Smith, K.
Nichols Smith, S. C.
Ninos Spicola

Jan. 18, 1967

JOURNAL OF THE HOUSE OF REPRESENTATIVES

48 JOURNAL OF THE HOUSE OF REPRESENTATIVES Jan. 18, 1967

Stallings Tucker Wolfson CS for SB 8-X(67)
Storey Turlington Yancey
Sweeny Wells Yarborough -with amendments, reports the amendments have been ex-
amined and the bill is herewith returned.
Nays-17
Brasher McDonald, L. N. Robinson Whitson IRMA LINN
Crabtree Myers Shaw Williams Engrossing Clerk
Grizzle Osborne Stafford
Henderson Rainey Tyre -and the bill with amendments, was ordered immediately
Inman Randell Walker certified to the Senate.
By waiver of the rule, the bill was ordered immediately certi-
fied to the Senate, after engrossment.

Engrossing Report Adjournment
January 18, 1967
On motion by Mr. Turlington, the House adjourned at 6:18
Your Engrossing Clerk to whom was referred- P.M. to reconvene at 10:00 A.M. tomorrow.

THE JOURNAL OF THE FLORIDA

House of Representatives

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

EXTRAORDINARY SESSION

THURSDAY, JANUARY 19, 1967

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

De Young
Dubbin
Ducker
Eddy
Elmore
Featherston
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Grange
Griffin, B.
Griffin, J. J.,
Grizzle
Harris
Hartnett
Hector
Henderson
Hodes
Holloway
Humphrey
Inman
Karst
Kennelly

Excused: Representatives
A quorum was present.

Klassen Robinson
Land Rowell
Lewis Rude
Mann Rust
Martinez Ryals
ie Matthews Sackett
Mattox Savage
McDonald, L. N. Scarborough
McDonald, T. S. Schultz
Middlemas Sessums
Miers Shaw
Mitchell Singleton
Murphy Smith, K.
Myers Smith, S. C.
Nichols Spicola
Ninos Stafford
Osborne Stallings
Jr. Papy Storey
Pettigrew Sweeny
Poorbaugh Tucker
Pratt Tyre
Prominski Walker
Pruitt Wells
Rainey Whitson
Randell Williams
Redman Wolfson
Reed Yancey
Reeves Yarborough
Renick
SReedy and Register

Prayer by The Honorable Robert C. De Young:
Our Father and God who art the Great Architect of
the Universe, whom by the revelation of Thy Son our
Lord, we may address as our Father, help us to under-
stand what that means. As we are now united in our
praying, so may we be united in our working, that, as a
team we may be doing together, the will of our Father,
who is not a God of any one part, of any one nation, or
of any one race. Open our eyes that we may discern what
God is doing and our ears that we may hear what God is
saying. And then, 0 God, give us all we need to take
notice and to govern ourselves accordingly. We ask these
things in the strong name of Jesus Christ our Lord. Amen.

The Journal
The Journal of January 18 was ordered corrected and, as
corrected, approved.

Reconsideration
On motion by Mr. Sweeny, CS for SB 8-X(67) which passed
the House, as amended, yesterday was recalled from the Office
of the Clerk.
On motion by Mr. Sweeny, the House reconsidered the vote
by which CS for SB 8-X(67) passed and-
CS for SB 8-X(67)-A bill to be entitled An act amending
chapter 66-1, laws of Florida; providing for the apportionment

of the senate and the house of representatives of the legis-
lature of the state of Florida; prescribing terms of office of
membership of both houses; providing for continuation in
office by members until the general election in November 1968;
providing for elections; providing effective dates.
-was placed back on third reading.
On motion by Mr. Sweeny, the House reconsidered the vote
by which the amendment offered by Representatives Conway,
Gillespie and Sweeny to Section 1 was adopted.
The question recurred on the adoption of the amendment.
The amendment was withdrawn.
Representative Shaw offered the following amendment:
In Section 3 (1), strike:
Alachua, Gilchrist, Putnam, Levy, Clay,
Bradford 4
Baker, Columbia, Nassau, Union, Hamilton,
Suwannee, Lafayette 2
Dixie, Jefferson, Taylor, Madison 1
and insert the following:
Alachua, Gilchrist, Lafayette, Putnam 3
Bradford, Clay, Union 1
Columbia, Baker, Nassau 1
Dixie, Hamilton, Jefferson, Levy, Madison,
Suwannee, Taylor 2
Mr. Shaw moved the adoption of the amendment.

The vote was:
Yeas-51
Alligood Fleece
Alvarez Fortune
Andrews Fulford
Beck Gallen
Brasher Grizzle
Campbell Henderson
Condon Humphrey
Craig Inman
Crider Karst
De Young Kennelly
Ducker Klassen
Elmore Lewis
Fee Mattox
Nays-58
Arnold Cramer
Ashler D'Alemberte
Baker Danahy
Bell Dubbin
Bird Eddy
Blalock Featherstone
Brake Firestone
Brantley Gautier
Briggs Gillespie
Brower Graham
Clark Grange
Cleveland Griffin, J. J., Jr.
Collins Harris
Conway Hartnett
Crabtree Hector

McDonald, L. N. Savage
McDonald, T. S. Scarborough
Middlemas Schultz
Murphy Shaw
Osborne Stafford
Papy Stallings
Pettigrew Storey
Poorbaugh Tyre
Rainey Walker
Reed Whitson
Reeves Willimns
Robinson Yancey
Rowell

Hodes
Holloway
Land
Mann
Martinez
Matthews
Miers
Mitchell
Nichols
Ninos
Pratt
Prominski
Pruitt
Randell
Redman

Renick
Rude
Rust
Ryals
Sackett
Sessums
Singleton
Smith, K.
Spicola
Sweeny
Tucker
Wells
Wolfson
Yarborough

49

Mr. Speaker
Alligood
Alvarez
Andrews
Arnold
Ashler
Baker
Beck
Bell
Bird
Blalock
Brake
Brantley
Brasher
Briggs
Brower
Campbell
Chappell
Clark
Cleveland
Collins
Condon
Conway
Crabtree
Craig
Cramer
Crider
D'Alemberte
Danahy

_ __

I

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Jan. 19, 1967

The amendment failed of adoption by the required two-thirds
vote.
The question recurred on the final passage of CS for SB
8-X(67), which passed as amended. The vote was:
Yeas-98

D'Alembe
Danahy
De Young
Dubbin
Ducker
Eddy
Elmore
Featherst
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Grange
Griffin, J.
Harris
Hartnett
Hector
Hodes
Holloway
Humphrey

Crabtree Osborne
Grizzle Rainey
Henderson Randell
McDonald, L. N. Robinson

rte Inman
Karst
Kennelly
Land
Lewis
Mann
Martinez
one Matthews
Mattox
McDonald, T.
Middlemas
Miers
Mitchell
Murphy
Myers
Nichols
Ninos
Papy
J., Jr. Pettigrew
Poorbaugh
Pratt
Prominski
Pruitt
Redman
y Reed

Shaw
Stafford
Tyre
Walker

Reeves
Renick
Rowell
Rude
Rust
Ryals
Sackett
Savage
Scarborough
S. Schultz
Sessums
Singleton
Smith, K.
Smith, S. C.
Spicola
Stallings
Storey
Sweeny
Tucker
Wells
Wolfson
Yancey
Yarborough

Whitson
Williams

By unanimous consent, Mr. Brasher changed his vote from
"Yea" to "Nay".
The bill was ordered immediately certified to the Senate,
after engrossment.

EXPLANATION OF VOTE
I voted against CS for SB 8-X(67) for the following rea-
sons. In 1965, a law suit was instituted in the county and
the result was that this suit was won and the county was
redistricted on the basis of it having a population of 50,000
plus people. I could easily advocate the joining of Pasco
County with Republican Pinellas because I am a Republican;
however, I may not always occupy this seat in the legislature
and Pasco County needs representation of its own. I came
here to represent some 20,500 registered Democrats and 6,200
registered Republicans, and I have kept the faith with them
by voting against the merger of Pasco and Pinellas or any
other merger that Pasco County might have entered into. I
come here to represent my people and am not in favor of
sacrificing good government for the sake of mathematical
perfection as it pertains to an apportionment formula. In
my estimation, our present apportionment can be justified
which leaves Pasco County by itself.
JOHN C. BRASHER
Representative from Pasco County

On motion by Mr. Hartnett, the House consented to the
introduction and consideration of a House concurrent resolu-
tion.

Introduction and Reference of House Concurrent Resolution.
By Representatives Hartnett, Alligood, Alvarez, Andrews,
Arnold, Ashler, Baker, Beck, Bell, Bird, Blalock, Brake,
Brantley, Brasher, Briggs, Brower, Campbell, Chappell,
Clark, Cleveland, Collins, Condon, Conway, Crabtree, Craig,
Crider, D'Alemberte, Danahy, De Young, Dubbin, Ducker,
Eddy, Elmore, Featherstone, Fee, Firestone, Fleece, Fortune,
Fulford, Gallen, Gautier, Gillespie, Graham, Grange, J. J. Griffin,
Grizzle, Harris, Hector, Henderson, Hodes, Holloway, Hum-
phrey, Inman, Karst, Kennelly, Klassen, Land, Lewis, Mann,
Martinez, Matthews, Mattox, L. N. McDonald, T. S. McDonald,

Mr. Speaker
Alligood
Alvarez
Andrews
Arnold
Ashler
Baker
Beck
Bell
Bird
Blalock
Brake
Brantley
Brasher
Briggs
Brower
Campbell
Clark
Cleveland
Collins
Condon
Conway
Craig
Cramer
Crider
Nays-14

Message from the Senate
Honorable Ralph D. Turlington
Speaker, House of Representatives

January 18, 1967

Sir:
I am directed to inform the House of Representatives that
the Senate has passed by the required constitutional three-
fourths vote of members elected to the Senate-
By Senator Mathews and others-
SJR 9-X(67)-A joint resolution proposing an amendment

50

Middlemas, Miers, Mitchell, Murphy, Myers, Nichols, Ninos,
Osborne, Papy, Pettigrew, Pratt, Prominski, Pruitt, Rainey,
Randell, Redman, Reed, Reeves, Renick, Robinson, Rowell, Rude,
Rust, Ryals, Sackett, Savage, Scarborough, Schultz, Sessums,
Shaw, Singleton, K. Smith, S. C. Smith, Spicola, Stafford, Stall-
ings, Storey, Sweeny, Tucker, Turlington, Tyre, Walker, Wells,
Whitson, Williams, Wolfson, Yancey, and Yarborough.
HCR 9-X(67)-A concurrent resolution commending Alan
S. Boyd, Secretary of the Department of Transportation, upon
his appointment by the President of the United States.
WHEREAS, Florida has been singularly honored by one
of its native sons being selected by President Lyndon B.
Johnson as the Secretary of the new Cabinet Post, the De-
partment of Transportation, and
WHEREAS, Alan S. Boyd is the first native born Florida
citizen to serve in the Cabinet of the President of the United
States, and
WHEREAS, Alan S. Boyd was born in Jacksonville, Flor-
ida July 20, 1922. He entered the public schools in Jackson-
ville, Florida and later attended the University of Florida
where he received an academic degree. Subsequently he was
graduated in law from the University of Virginia and was
admitted to the Bar in both the states of Virginia and Flor-
ida. He entered public service as General Counsel of the
Florida Turnpike Authority and was subsequently appointed
to the Florida Railroad and Public Utilities Commission by
the Governor. He was later reelected and became Chairman
of the Commission. He resigned from the Florida Railroad
and Public Utilities Commission to accept an appointment as
Chairman of the Civil Aeronautics Board in Washington,
in which position he served as Undersecretary of Commerce
for Transportation for a number of years, and
WHEREAS, when this distinguished Floridian was sworn
in by the President of the United States to fill the twelfth
Cabinet post on January 16, 1967, the President stated that
Alan S. Boyd was the one and only name that came up for
appointment to this important Cabinet office, and
WHEREAS, the many friends in Florida and citizens of
this state are proud of the honor and distinction which has
come to one of Florida's most aggressive and efficient public
servants, NOW, THEREFORE,
Be it Resolved by the House of Representatives, the Senate
Concurring:
That the legislature of Florida in special session assembled
sends its cordial and proud congratulations to Alan S. Boyd
upon his appointment to the Cabinet of the United States on
January 16, 1967.
BE IT FURTHER RESOLVED that this commendation
upon his public career as an outstanding public servant and
congratulations represent an expression from all citizens of
the state.
BE IT FURTHER RESOLVED that we all wish for our
distinguished Florida son a long and successful public career
in assuming a most important and challenging post as Secre-
tary of the new Department of Transportation, so vital to the
people of the entire nation and to Florida in particular.
-was read the first time in full.
On motions by Mr. Hartnett, the rules were waived by a
two-thirds vote and HCR 9-X(67) was read the second time
by title, adopted, and ordered immediately certified to the
Senate.

JOURNAL OF THE HOUSI

to article VII of the constitution of Florida by amending
the same to provide for the legislature of the state of Florida
to consist of a senate and a house of representatives; re-
quiring submission of any apportionment or reapportionment
plan to the supreme court of the state of Florida; providing
for legislative apportionment; providing for census.
-and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
SJR 9-X(67) contained in the above message, was read
the first time in full and referred to the Select Committee on
Apportionment.

Engrossing Report
January 19, 1967
Your Engrossing Clerk to whom was referred-
CS for SB 8-X(67)
-with amendments, reports the amendments have been ex-
amined and the bill is herewith returned.
IRMA LINN
Engrossing Clerk
-and the bill with amendments, was ordered immediately
certified to the Senate.

Adjournment
On motion by Mr. Rowell, the House adjourned at 11:03 A.M.
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 De Young
Alligood Dubbin
Alvarez Ducker
Andrews Eddy
Arnold Elmore
Ashler Featherstone
Baker Fee
Beck Firestone
Bell Fleece
Bird Fortune
Blalock Fulford
Brake Gallen
Brantley Gautier
Brasher Gillespie
Briggs Graham
Brower Grange
Campbell Griffin, B.
Chappell Griffin, J. J., Jr.
Clark Grizzle
Cleveland Harris
Collins Hartnett
Condon Hector
Conway Henderson
Crabtree Hodes
Craig Holloway
Cramer Humphrey
Crider Inman
D'Alemberte Karst
Danahy Kennelly
A quorum was present.

Message from the Senate

Honorable Ralph D. Turlington
Speaker, House of Representatives

Klassen Robinson
Land Rowell
Lewis Rude
Mann Rust
Martinez Ryals
Matthews Sackett
Mattox Savage
McDonald, L. N. Scarborough
McDonald, T. S. Schultz
Middlemas Sessums
Miers Shaw
Mitchell Singleton
Murphy Smith, K.
Myers Smith, S. C.
Nichols Spicola
Ninos Stafford
Osborne Stallings
Papy Storey
Pettigrew Sweeny
Poorbaugh Tucker
Pratt Tyre
Prominski Walker
Pruitt Wells
Rainey Whitson
Randell Williams
Redman Wolfson
Reed Yancey
Reeves Yarborough
Renick

January 19, 1967

I am directed to inform the House of Representatives that

Jan. 19, 1967

Pasco, Pinellas 10
Polk 5
Sarasota, Charlotte 2
Volusia, St. Johns, Flagler 4

E OF REPRESENTATIVES 51

the Senate has adopted the following amendments to House
Amendment No. 1 to-
By Committee on Apportionment, Resolutions & Memorials-
CS for SB 8-X(67)--A bill to be entitled An act amending
chapter 66-1, laws of Florida; providing for the apportionment
of the senate and the house of representatives of the legisla-
ture of the state of Florida; prescribing terms of office of mem-
bership of both houses; providing for continuation in office by
members until the general election in November 1968; providing
for elections; providing effective dates.
which Senate amendments read as follows:
Senate Amendment 1
In Section 3, line 20, page 7, strike:
Pasco, Pinellas 10
and insert the following:
Pasco 1
Pinellas 9
Senate Amendment 2
In Section 2(f), strike:
"(f) In the multi-county district of Pasco and Pinellas, nine
(9) representatives shall be residents of Pinellas County and
one (1) representative shall be a resident of Pasco County."
and has refused to concur in House amendment No. 1.
House Amendment No. 1
In Section 3, page 9, strike: Section 3 and insert the follow-
ing: "Section 3. (1) The House of Representatives of the state
of Florida shall consist of 120 Representatives apportioned
among the counties as follows:
Alachua, Gilchrist, Putnam, Levy, Clay, Bradford 4
Baker, Columbia, Nassau, Union, Hamilton,
Suwannee, Lafayette 2
Bay, Gulf 2
Brevard 8
Broward 8
Calhoun, Jackson 1
Collier, Glades, Hendry, Lee 2
Citrus, Hernando, Marion, Sumter 2
Dade 22
DeSoto, Hardee, Highlands, Manatee 3
Dixie, Jefferson, Taylor, Madison 1
Duval 11
Escambia 4
Franklin, Leon, Wakulla 2
Gadsden, Liberty 1
Hillsborough 9
Holmes, Walton, Washington 1
Okaloosa, Santa Rosa 2
Indian River, Martin, St. Lucie, Okeechobee 2
Lake, Seminole 3
Monroe 1
Orange, Osceola 7
Palm Beach 6

(2) Members of the house shall be qualified electors of,
reside in and be elected at large by the qualified electors in the
county or multi-county districts for which they are chosen un-
less otherwise provided herein:
(a) In the multi-county district of Alachua, Bradford, Clay,
Gilchrist, Levy and Putnam, two (2) representatives shall be
residents of Alachua county and two (2) representatives shall
be residents of a county or counties other than Alachua county.
(b) In the multi-county district of Collier, Glades, Hendry
and Lee, one (1) representative shall be a resident of Lee
county and one (1) representative shall be a resident of a
county other than Lee.
(c) In the multi-county district of DeSoto, Hardee, High-
lands and Manatee at least one (1) representative shall be a
resident of either DeSoto, Hardee or Highlands county, and
at least one (1) representative shall be a resident of Manatee
county.
(d) In the multi-county district of Indian River, St. Lucie,
Okeechobee and Martin counties, one (1) representative shall
be a resident of either St. Lucie or Okeechobee county, and
one (1) representative shall be a resident of either Indian
River or Martin county.
(e) In the multi-county district of Lake and Seminole, one
(1) representative shall be a resident of Lake county and one
(1) representative shall be a resident of Seminole county and
the remaining representative may be a resident of either
county.
(f) In the multi-county district of Pasco and Pinellas, nine
(9) representatives shall be residents of Pinellas county and
one (1) representative shall be a resident of Pasco county.
(g) In the multi-county district of Flagler, St. Johns and
Volusia, three (3) representatives shall be residents of Volusia
county, and one (1) representative shall be a resident of
either of the other two counties."
and respectfully requests the House to recede therefrom.
The Senate has also refused to concur in House amendments
Nos. 2 and 3-
House Amendment No. 2.
In Section 5, page 10, at end of Section 5 insert the follow-
ing: "It is the intent of the legislature that if any or all of
the residency requirements which may be contained in this act
are found to be unconstitutional, such findings shall not in-
validate the remainder of this act, as such residency require-
ments were not considered to be essential to the passage of
this act by the legislature."
House Amendment No. 3.
In Section 7, page 10, at end of subsection (2) strike the
period and insert the following: "; provided that in the event
a federal court of competent jurisdiction finds that the appor-
tionment provided by chapter 66-1, laws of Florida, meets the
requirements of the Constitution of the United States, the pro-
visions of this act shall not take effect."
and respectfully requests the House to recede therefrom-
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
Mr. Rowell moved that the House refuse to recede from the
House amendments to CS for SB 8-X(67).
Mr. Brasher offered a substitute motion that the House concur
in Senate Amendment 1 to House Amendment 1.
The vote was:
Yeas-36

Andrews
Beck
Bell
Brasher
Campbell
Chappell
Condon
Crabtree
Danahy

De Young
Ducker
Fleece
Griffin, B.
Grizzle
Henderson
Humphrey
Klassen
Mann

McDonald, L. N. Rust
Murphy Savage
Osborne Sessums
Papy Shaw
Poorbaugh Stafford
Rainey Tucker
Reed Tyre
Robinson Whitson
Rude Williams

Nays-77
Alligood
Alvarez
Arnold
Ashler
Baker
Bird
Blalock
Brake
Brantley
Briggs
Brower
Clark
Cleveland
Collins
Conway
Craig
Cramer
Crider
D'Alemberte
Dubbin

Eddy
Elmore
Featherston
Fee
Firestone
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Grange
Griffin, J. J.,
Harris
Hartnett
Hector
Hodes
Holloway
Inman
Karst

Kennelly
Land
ie Lewis
Martinez
Matthews
Mattox
McDonald,'
Middlemas
Miers
Mitchell
Myers
Nichols
Jr. Ninos
Pratt
Prominski
Pruitt
Randell
Redman
Reeves
Renick

52

By unanimous consent, Mr. Pettigrew was recorded as vot-
ing "Nay".
The substitute motion was not agreed to and the House
refused to concur in Senate Amendment 1 to House Amend-
ment 1.
Mr. Rowell then moved that the House refuse to recede
from the House amendments to CS for SB 8-X(67) and the
Speaker appoint a conference committee on the part of the
House to confer with a like committee to be appointed by the
President of the Senate to adjust the differences.
The motion was agreed to. Thereupon, the Speaker appointed
Representatives Arnold, Wells, Cleveland, Eddy and Matthews
as the conference committee on the part of the House.
The action of the House, together with CS for SB 8-X(67)
and House amendments thereto, was ordered certified to the
Senate.

Report of Committee on Rules & Calendar
The following report was read:
January 19, 1967
Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
Your Committee on Rules & Calendar begs leave to
report and recommend the following for adoption by the
House of Representatives:
(1) Amend Rule 3.2 to read:
3.2 The Clerk (also known as the Chief Clerk) shall
cause to be kept a correct Journal of the proceedings
of the House, including all assignments of profiled
bills for study by committees and notice of hearings
required under these Rules, and this Journal shall be
numbered serially from the first day of each Legisla-
ture. When the Legislature is in session the Journal
shall be published daily, and when the Legislature is
not in session the Journal shall be published only on
those days in which publication is consistent with the
intent of the Rules. He shall superintend the engross-
ing, enrolling and transmitting of bills, resolutions and
memorials; shall not permit any records or papers be-
longing to the House to be taken out of his custody
other than in the regular course of business and only
then upon receipt and shall report any missing papers
to the Speaker.
(2) Present 6.5 remains same. Add Rule 6.5(b) to read:
6.5(b) If any committee, or sub-committee, conducts
a hearing when the Legislature is not in session, the
Committee Chairman, or in his absence the Vice-Chair-
man, or Sub-Committee Chairman, or in his absence
the Sub-Committee Vice-Chairman, shall file with
the Clerk of the House proper notice of every hearing
at least five (5) days prior to the date of such hearing

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Jan. 19, 1967

Rowell
Ryals
Sackett
Scarborough
Schultz
Singleton
T. S. Smith, K.
Smith, S. C.
Spicola
Stallings
Storey
Sweeny
Walker
Wells
Wolfson
Yancey
Yarborough

JOURNAL OF THE HOUSE

and the Clerk shall publish notice of such hearing in the
House Journal and a copy of said Journal, which may
be informally reproduced, shall be promptly mailed to
all Members and their designees. Such notice shall not
be required for work or drafting sessions.

(3) Present 7.15 remains same. Add Rule 7.15(b) to read:

7.15(b) If any profiled bill is assigned to a Commit-
tee for study, the Journal shall reflect such assign-
ment and the Committee Chairman, or in his absence
the Vice-Chairman, or Sub-Committee Chairman, or in
his absence, the Sub-Committee Vice-Chairman of the
Committee or Sub-Committee having jurisdiction of the
measure for study shall file with the Clerk of the
House proper notice of every hearing on said measure
as required by Rule 6.5(b).
In meeting of the Committee duly called and assembled
for the purpose of considering amendments to the Rules
and other pending business, upon motion to adopt this
Report, the vote of the Committee was as follows:

Ayes: Alligood, Beck, Eddy, Fee, Griffin, Karst, Mann,
Matthews, Papy, Pruitt, Reed, Savage, Schultz,
Stallings, Storey, Smith, Sweeny, Tyre, Wells, Yar-
borough, Dubbin, and Rowell
Nays: None
Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar
On motion by Mr. Rowell, the above Report was adopted and
the Rules proposed by the Report to be adopted, were adopted
as a part of the Rules of the House.

Communication

The following Proclamation of the Governor was read:

State of Florida
Executive Department
Tallahassee
TO THE HONORABLE MEMBERS OF THE FLORIDA
SENATE AND THE HOUSE OF REPRESENTATIVES:
WHEREAS, on New Year's Day, Sunday, January 1, the
main building of the Dixie County High School at Cross City,
Florida, caught fire and was completely destroyed with all its
contents, and
WHEREAS, this disaster has displaced approximately 450
high school students who must now complete their school year
in make-shift emergency housing, and
WHEREAS, I have been reliably advised that only by im-
mediately embarking upon a building program can new school
facilities be made available for the September term, and
WHEREAS, The Honorable Floyd T. Christian, Superintend-
ent of Public Instruction, has advised me by letter that the
only practical means of raising sufficient money to restore this
loss is the issuance of revenue certificates on the basis of Racing
Commission funds presently allocated to the Dixie County
Board of Public Instruction, such revenue certificates having
been used by county school systems in recent years to meet a
portion of their school building needs, and

WHEREAS, such revenue certificate issue must be authorized
by special act of the Legislature which does not meet in regular
session until April, 1967,
NOW, THEREFORE, I, CLAUDE R. KIRK, JR., as Gover-
nor of Florida, by virtue of the power and authority vested
in me by Article IV, Section 8, of the Constitution of the State

of Florida, do hereby extend my call of the 3rd day of January,
A.D., 1967 in calling the Florida Legislature into special session
to include consideration of a special act of the Legislature

Jan. 19, 1967

Mr. Speaker
Alligood
Alvarez
Andrews
Ashler
Baker
Beck
Bell
Bird
Blalock
Brasher
Briggs
Campbell
Chappell
Clark
Cleveland
Collins
Condon
Conway
Crabtree
Nays-29
Arnold
Brake
Brower
Cramer
Crider
D'Alemberte
Danahy
Dubbin

Craig
De Young
Ducker
Eddy
Elmore
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Griffin, B.
Griffin, J. J., Jr.
Henderson
Holloway
Humphrey
Inman
Karst

Featherstone
Graham
Grange
Grizzle
Harris
Hartnett
Hector
Hodes

Land Rowell
Mattox Rude
McDonald, L. N. Rust
McDonald, T. S. Sackett
Middlemas Scarborough
Miers Schultz
Mitchell Shaw
Murphy Smith, K.
Myers Stallings
Nichols Storey
Ninos Sweeny
Papy Tucker
Pratt Tyre
Prominski Walker
Pruitt Wells
Randell Williams
Redman Wolfson
Reed Yancey
Reeves Yarborough
Renick

Kennelly
Lewis
Mann
Martinez
Matthews
Osborne
Rainey
Robinson

Ryals
Sessums
Spicola
Stafford
Whitson

By waiver of the rule, the bill was ordered immediately certi-
fied to the Senate.
Mr. Myers moved that the House now recess to reconvene at
the call of the Speaker when the message on CS for SB
8-X(67) is received from the Senate.
Mr. Reedoffered a substitute motion that the House recess
after the consideration of HCR 7-X(67), the Special and Con-
tinuing Order.
Mr. Land moved that the House recess at 4:11 P.M. to re-
convene at 4:30 P.M.

E OF REPRESENTATIVES 53

authorizing the Dixie County Board of Public Instruction to
issue revenue certificates in an amount necessary to replace the
loss occasioned by the disastrous fire heretofore mentioned.
IN WITNESS WHEREOF, I have hereunto
Asset my hand and caused the Great Seal of
the State of Florida to be affixed at Talla-
hassee, the Capitol, this 19th day of Janu-
.L ary, A. D. 1967.
CLAUDE R. KIRK, JR.
GOVERNOR
ATTEST:
TOM ADAMS
SECRETARY OF STATE

Introduction and Reference of House Bill
By Representatives K. Smith and Clark-
HB 10-X(67)-A bill to be entitled An act relating to school
plants in Dixie county; authorizing the acquisition, construction,
erection, building, enlarging and improving of school buildings,
their furnishings and equipment, by the board of public in-
struction of such county; authorizing the issuance of certificates
of indebtedness by such board payable from a portion of the
race track funds accruing annually to such county and allocated
to the board of public instruction of such county to pay the
cost of such projects; providing for a referendum; pro-
viding an effective date.
-was read the first time by title and referred to the Committee
on Rules & Calendar.
On motion by Mr. Smith, agreed to by two-thirds vote, HB
10-X(67) was withdrawn from the Committee on Rules &
Calendar and taken up.
On motions by Mr. Smith, the rules were waived by two-
thirds vote and HB 10-X(67) was read the second time by title,
the third time in full and passed, title as stated. The vote was:
Yeas-79

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Jan. 19, 1967

The vote was:

Yeas-58
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bell
Bird
Blalock
Brantley
Briggs
Brower
Clark
Collins
Conway
Cramer
Nays-50
Alligood
Ashler
Beck
Brake
Brasher
Campbell
Chappell
Cleveland
Condon
Craig
De Young
Ducker
Elmore

Crider
D'Alemberte
Danahy
Dubbin
Eddy
Fee
Firestone
Gautier
Gillespie
Graham
Grange
Griffin, B.
Harris
Hartnett
Hector

Hodes
Holloway
Inman
Karst
Kennelly
Land
Lewis
Mann
Martinez
Matthews
McDonald,
Murphy
Myers
Nichols
Redman

Featherstone Mitchell
Fleece Ninos
Fortune Osborne
Fulford Papy
Gallen Poorbaugh
Griffin, J. J., Jr. Pratt
Grizzle Prominski
Henderson Rainey
Humphrey Randell
Mattox Reed
McDonald, T. S. Robinson
Middlemas Rowell
Miers Rude

The motion was agreed to and the House
P.M. to reconvene at 4:30 P.M., today.

Reeves
Renick
Ryals
Scarborough
Schultz
Sessums
Spicola
Stafford
Storey
Sweeny
L. N. Whitson
Wolfson
Yarborough

Rust
Sackett
Savage
Shaw
Singleton
Stallings
Tucker
Tyre
Wells
Williams
Yancey

recessed at 4:11

House Reconvened
The House was called to order by the Speaker at 4:30 P.M.
A quorum was present.

Special and Continuing Order
HCR 7-X(67)-A concurrent resolution declaring the policies
of the state relating to legislative apportionment and directing
the Secretary of State, and the Attorney General of Florida
relative to the present apportionment of the legislature.
-was taken up.
On motion by Mr. Chappell, the rules were waived by two-
thirds vote and the House reverted to the order of Consideration
of Message from the Senate for the purpose of receiving the
message on CS for SB 8-X(67) to resume the Special and Con-
tinuing Order immediately thereafter.

Message from the Senate
January 19, 1967
Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the President of the Senate has appointed Senators Boyd of the
28th., Mathews, Slade, Whitaker and Askew as a Conference
Committee on the part of the Senate to confer with a like Com-
mittee on the part of the House of Representatives to adjust the
differences existing between the two Bodies in House Amend-
ments to-

By Committee on Apportionment, Resolutions and Memorials-
CS for SB 8-X(67)-A bill to be entitled An act amending
chapter 66-1, laws of Florida; providing for the apportionment
of the senate and the house of representatives of the legislature
of the state of Florida; prescribing terms of office of member-
ship of both houses; providing for continuation in office by

members until the general election in November 1968; providing
for elections; providing effective dates.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
As heretofore announced, the Speaker appointed Represent-
atives Arnold, Wells, Cleveland, Eddy and Matthews
as the conference committee on the part of the House to adjust
the differences existing between the two Bodies in House amend-
ments to CS for SB 8-X (67).

Continuation of Special and Continuing Order
HCR 7-X(67)-A concurrent resolution declaring the policies
of the state relating to legislative apportionment and directing
the Secretary of State, and the Attorney General of Florida
relative to the present apportionment of the legislature.
WHEREAS, the legislature of Florida is duly convened upon
call of the Governor to consider constitutional revision and
legislative apportionment; and
WHEREAS, the Honorable David W. Dyer, United States
Circuit Court Judge, on the basis of the mandate of the Su-
preme Court of the United States, entered order dated January
11, 1967, in the case of Swann v. Adams, Case #186-62-Civil,
United States District Court, Southern District of Florida, and
WHEREAS, the Honorable Tom Adams, Secretary of State,
is the nominal party dependent in the aforesaid case, and as a
member of the executive branch of government, is charged with
certain administrative responsibilities prescribed by the Con-
stitution and laws of Florida; and
WHEREAS, it is the duty of the Secretary of State, together
with the legal counsel for the State of Florida, the Attorney
General, to support and uphold the position of the state on the
question of apportionment as expressed by the Legislature of
the State of Florida in House Bill 17X(66); and
WHEREAS, it is beyond the scope of the authority of either
without express legislative authority to offer an alternative
plan of legislative apportionment; NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State
of Florida, the Senate Concurring:
The Secretary of State and his legal counsel, the Attorney
General of Florida, are each hereby instructed to respond to
the order entered the llth day of January, 1967 by the Three-
Judge United States District Court for the. Southern District
of Florida in the case of Swann v. Adams, Case #186-62-Civil-
DD, in the following manner:
(1) To contend by every lawful means, on the part of the
State of Florida, for the validity of the present apportionment
of the Florida Legislature; to state within the time prescribed
by said order the facts which can be proved to support that
contention; at the appropriate time to offer the strongest proof
to sustain such contention; and as a part of said proof, to offer
the findings of fact and the explanations reflected by the pre-
vious records of the Legislature of Florida and such findings
of fact as may from time to time be made by the present Legis-
lature convened in special session January 9, 1967.
(2) To advise the court, in the event the court should hold
the proof as tendered insufficient to sustain the validity of the
present apportionment, that the Constitution and laws of the
State of Florida clearly present an insurmountable legal im-
pediment to a judicial apportionment based upon an election of
members from the State at large, and that reconstruction of
the Legislature into other than a bicameral body would violate
the Constitution and laws of Florida, to-wit:
(a) Unreversed pronouncements of the Supreme Court of
Florida in In re Advisory Opinion to the Governor, 81 So. 2nd
782, and Brewer v. Gray, Fla. 1956, 86 So. 2nd 799, declare
that apportionment is a legislative function. The state policy
in this regard is so established.

(b) The Constitution of the State of Florida provides that
the legislative authority of this State shall be vested in a Senate
and a House of Representatives (Article 3, Section 1). This
provision is and has been in full force and effect and has not
been held by any 'Court to be incompetent or inoperative. The
people of Florida from the inception of constitutional govern-

54

JOURNAL OF THE HOUSE OF REPRESENTATIVES

ment in Florida have acted to preserve the bicameral legisla-
tive system.
(3) To advise the Court, in the event the Court should
hold that proof has not been or cannot be adduced to sustain the
validity of the present apportionment, that they will submit
such apportionment plan as the legislature has passed or may
specifically direct together with such data as will support the
same.
(4) To advise the Court, in the event the present apportion-
ment of the Florida Legislature is invalid, the Legislature may
properly consider proposals for the revision or amendment of
the Florida Constitution and the other legislative needs of the
State, since it is in fact the only lawfully constituted legislative
body of Florida competent to consider proper legislative
matters.
(5) To advise the Court, in the event the present apportion-
ment of the Florida Legislature is invalid, that reapportion-
ment should not be effected by judicial decree but the matter
should be remanded to the Legislature for further action as
suggested in paragraph 3 above. In the event the present ap-
portionment of the Florida Legislature is held invalid by the
Court, in every event reapportionment should be effected by
the present Legislature of the State of Florida which was
elected and organized in November, 1966.
On motion by Mr. Chappell, the rules were waived by two-
thirds vote and HCR 7-X(67) was read the second time by
title.

THE SPEAKER PRO TEMPORE IN THE CHAIR
Representatives Storey and Pratt offered the following
amendment: Strike everything after the resolving clause and
insert the following:
The Senate and House of Representatives asks such 'Counsel
as the Speaker and Senate President may designate to present
to the appropriate court at the appropriate time the evidence
of the validity of House Bill 17-X(66), including such mat-
ters as were of record upon final passage of House Bill
17-X (66) and as have been produced by the House of Rep-
resentatives and the Senate and their members since the said
final passage of House Bill 17-X(66), and to further respond
to all orders of court with the view that House Bill 17-X(66),
be upheld, and as an alternative to the acceptance thereof as
constitutional by the appropriate court of House Bill 17-X(66)
for all purposes, that the said House Bill 17-X(66) be urged
with all supporting data as constitutional for all purposes
through the general election of 1968.
Mr. Story moved the adoption of the amendment.
Representatives Chappell and Sweeny offered the following
amendment to the amendment: Strike the period at the end
of the section and insert the following: and to urge the legal
impediment to other than a bicameral legislature.
Mr. Sweeny 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.
Representative Harris offered the following amendment:
In Section 2, on page 2, line 27, strike all of paragraph (a)
and reletter remaining paragraphs.
Mr. Harris moved the adoption of the amendment.

The vote was:

Yeas-79
Alligood Cramer
Andrews Crider
Ashler D'Alemberte
Baker Danahy
Brasher De Young
Briggs Dubbin
Chappell Elmore
Clark Featherstone
Collins Fee
Conway Firestone
Crabtree Fleece
Craig Fortune

Fulford
Gautier
Gillespie
Graham
Grange
Griffin, B.
Griffin, J. J., Jr.
Grizzle
Harris
Hartnett
Hector
Henderson

Hodes
Holloway
Humphrey
Inman
Karst
Kennelly
Land
Lewis
Mann
Martinez
Mattox
McDonald, L. N.

McDonald,
Middlemas
Myers
Nichols
Papy
Pettigrew
Pratt
Pruitt
Nays-20
Alvarez
Bell
Bird
Blalock
Brake

T. S. Randell
Redman
Reed
Reeves
Renick
Rowell
Sackett
Savage

Brantley
Campbell
Condon
Ducker
Klassen

Scarborough
Schultz
Sessums
Singleton
Smith, K.
Smith, S. C.
Spicola
Stallings

Mitchell
Poorbaugh
Prominski
Rainey
Robinson

55

Storey
Sweeny
Turlington
Tyre
Williams
Wolfson
Yarborough

Rude
Rust
Stafford
Whitson
Yancey

The amendment was adopted.
Representatives Myers and D'Alemberte offered the follow-
ing amendment: In paragraph (5), page 3, beginning in the
1st line, Strike: ", in the event the present apportionment of
the Florida Legislature is invalid."
Mr. Myers moved the adoption of the amendment.
On motion by Mr. Reed, debate on the amendment and all
subsequent amendments was limited to 5 minutes per side.
The question recurred on the adoption of amendment. The

vote was:
Yeas-45
Ashler
Baker
Beck
Bird
Brake
Briggs
Clark
Collins
Cramer
D'Alemberte
Danahy
Dubbin
Nays-52
Alligood
Andrews
Bell
Blalock
Brantley
Brasher
Campbell
Chappell
Conway
Crabtree
Craig
Crider
De Young

Fee
Gautier
Graham
Harris
Hartnett
Hector
Hodes
Holloway
Karst
Kennelly
Lewis
Mann

Ducker
Elmore
Featherstone
Fleece
Fortune
Fulford
Gillespie
Grange
Griffin, B.
Griffin, J. J., Jr.
Grizzle
Henderson
Humphrey

Martinez Schultz
Mattox Sessums
McDonald, T. S. Singleton
Middlemas Spicola
Myers Storey
Nichols Sweeny
Pettigrew Williams
Redman Wolfson
Reeves Yarborough
Renick
Sackett
Scarborough

Inman
Klassen
McDonald, L.
Mitchell
Murphy
Osborne
Papy
Poorbaugh
Pratt
Prominski
Pruitt
Rainey
Randell

Reed
Robinson
N. Rude
Rust
Savage
Shaw
Smith, K.
Smith, S. C.
Stafford
Stallings
Turlington
Tyre
Yancey

The amendment failed of adoption.
Representatives Myers and D'Alemberte offered the follow-
ing amendment: On page 3, strike entire paragraph (3) and
insert the following: (3) To advise the Court that the legis-
lature has adopted a plan of apportionment with minimal
population variations, and that sufficient data will be sub-
mitted to the Court to support same; and that in the event
the Court should hold the present apportionment plan invalid,
the Court is urged to adopt the Legislature's revised plan.
Mr. Myers moved the adoption of the amendment which
was adopted.
Representative Myers offered the following amendment:
In Section 4, page 3, strike Section 4 and renumber the re-
maining section.
Mr. Myers moved the adoption of the amendment.
Representative Gautier offered the following substitute
amendment:
In Section 4, line 2, strike "the Legislature may properly
consider proposals for the revision or amendment of the Florida
Constitution and"
Mr. Gautier moved the adoption of the substitute amendment.

Jan. 19, 1967

56 JOURNAL OF THE HOU

Mr. Yarborough moved the previous question on the substitute
amendment, all pending amendments and the concurrent reso-
lution, which was agreed to.
The question recurred on the adoption of the substitute
amendment which failed of adoption.
The question then recurred on the adoption of the amend-
ment which failed of adoption.
On motion by Mr. Chappell, HCR 7-X(67) was adopted, as
amended, and ordered immediately certified to the Senate, after
engrossment.
By unanimous consent, Representatives Land, Fleece, Murphy
and Stafford were given permission to be removed as co-in-
troducers of HCR 7-X(67).

THE SPEAKER IN THE CHAIR

Consideration of Senate Concurrent Resolution
On motion by Mr. Pettigrew, agreed to by two-thirds vote,
SCR 10-X(67) was withdrawn from the Select Committee on
Apportionment and-
SCR 10-X(67)-A CONCURRENT RESOLUTION relating to
general findings of fact and specific findings of fact concerning
the rational state policy basis for acceptable variations from
exact equal apportionment of the Senate of the State of Florida
on the basis of population as provided in Chapter 66-1, Laws
of Florida.
WHEREAS, the Legislature of the State of Florida of 1966
in the enactment of Chapter 66-1, Laws of Florida, recognized
and the Legislature of 1967 does hereby recognize the absolute
necessity that apportionment of each house of the Legislature
conform to the requirements of the Fourteenth Amendment to
the Constitution of the United States as construed by the Su-
preme Court of the United States, and
WHEREAS, on January 9, 1967, the Supreme Court of the
United States held in Swann v. Adams, case No. 136, that any
deviation from de minimus in population in relation to repre-
sentation must be justified on the basis of facts existing in
the state making such apportionment and that no apportionment
may be arbitrary or discriminatory, and
WHEREAS, the members of the Legislature of 1966 were
and the members of the Legislature of 1967 are familiar with
many facts of common and public knowledge and many facts
particularly within the knowledge of those acquainted with
local conditions in various parts of the state and which can
be enumerated and reported as the factual basis for the ac-
ceptable variations from exact equal apportionment of the
Senate of Florida on the basis of population in Chapter 66-1,
Laws of Florida, and
WHEREAS, the members of the Senate of the State of Flor-
ida as constituted in the Legislature of 1967 wish to present
the factual basis for the acceptable reasons for variations
from exact equal apportionment of the Senate of the State of
Florida to the United States District Court for the Southern
District of Florida, NOW, THEREFORE,
Be It Resolved by the Senate of the State of Florida, the House
of Representatives Concurring, that the following general
findings of fact and specific findings of fact are made:
1. General Findings of Fact
The State of Florida is a dynamic growing state with a
population of 4,900,000 by the 1960 census and 2,016,586 regis-
tered voters. In 1966, the estimated population was 6 million
with 2,463,832 registered voters.
It has a nationally recognized progressive system of public
schools and was the first state to establish a Minimum Founda-

tion program which has become a national pattern. Its Junior
College system is designed to place a junior college within com-
muting distance of every student in Florida. It is recognized
throughout the country as a model system. Its university sys-
tem is tailored to meet the needs of the space-age in which this
state is the undisputed leader and has established more new
universities in the last decade than any other state in the union.
The Legislature has given constant attention to the develop-

S

The integrity of the county as a political subdivision is a
more basic necessity in Florida than in most other states.
The county is charged with many responsibilities incident to
the operation of state government. The county is the major
local tax base to provide and administer the operation of public

;E OF REPRESENTATIVES Jan. 19, 1967

ment of a great highway system, and has joined with the fed-
eral government, utilizing more money than any other state,
in the developing of the Interstate system and coordinating it
with the state system of primary and secondary and 'urban
connectors.
Physically the State of Florida is a giant peninsula and has
thousands of miles of coast line. Thirty-five of its 67 counties
are bounded on one side by the Atlantic Ocean and the Gulf
of Mexico. Jacksonville, the northeast city, is 400 miles east
of Pensacola, the northwest city, and 500 miles north of Key
West, yet the state is not more than 150 miles across.
Geographically the cities, resort areas and rich agricul-
tural lands of the state are separated by many natural bar-
riers consisting of rivers, lakes and swamps. The long pan-
handle of western Florida is completely traversed by many
streams running from Alabama, or Georgia, across Florida
and into the Gulf of Mexico, among which are the Escambia,
Choctawhatchee, Apalachicola, Ocklockonee, Aucilla and Su-
wannee rivers. The great St. Johns river runs for nearly two
hundred miles parallel to and never more than forty miles
from the Atlantic Ocean separating these coastal areas from
the more agricultural lake section. Okeechobee, Kissimmee and
literally hundreds of other lakes or varying sizes have a ma-
terial bearing upon transportation facilities and the develop-
ment of the state. Between the Everglades on the South and
Okefenokee on the northern border are many swamp areas.
The Green Swamp in the central part of the state, large in
area, constitutes the main source of the fresh water aquifer
for a great portion of the state.
These lakes, rivers and even the swamps are great assets
of the state and have contributed much to its growth and
development. They have, however, had a profound influence
upon the history, economic, social and political development of
every section of the state.
In the 1930's, Florida's population was two-thirds rural
and one-third urban. By the 1960's Florida's population is 75%
urbanized. The geology, climate, and natural barriers have
dictated largely the pattern of Florida's urban development.
Florida's population explosion has been principally confined
to the coastal regions and the central highlands. The south-
eastern coast has developed from being virtually uninhabited
in 1900 to an urban area containing one-third of the state's
population.
Historically the development of the state, until recent years,
was principally in the exploitation of her natural resources-
fisheries, timber, naval stores and, of course, her productive
soil. The geology, climate and natural barriers have had a
tremendous influence upon the manner and direction of Flor-
ida's urban development.
In the beginning it was only natural that sawmill settle-
ments, naval stores camps and country stores serving farming
areas should be so located as to draw their raw material and
trade from adjacent territory accessible by use of the crude
roads and vehicles of earlier days without the necessity of
crossing the natural barriers of rivers, lakes and swamps.
Many streams which are usually small are bordered by marsh
and low lands and, particularly in times of heavy rainfall-
quite common in Florida-presented very effective barriers to
close communication between the areas which they separated.
As the early settlements grew into towns and cities, it was
only natural that the social, economic and even the religious
life of the people of different areas should revolve around
these municipal areas to which they had ready access.
Political activities followed the same pattern. In the forma-
tive period local government was concerned primarily with
courts, local public roads and schools. The county seats, school
houses and roads were so located, and county lines so drawn
as to serve the communities which had developed a degree of
local autonomy by reason of natural boundaries. This is dem-
onstrated by the fact that of the 67 counties in Florida not
less than 49 have one or more streams or lakes (other than
coastal waters) as boundaries.

JOURNAL OF THE HOUSE

schools, junior colleges, health and welfare facilities, and a
highway system.
Florida is one of the older states. The social, economic and
political habits of a people which have developed over a period
of a century and a half do not change quickly when there is
no impelling necessity. The people of Florida are loyal to their
counties, take pride in their county government and want to
preserve their traditional county boundaries.
State policy in legislation is of major importance in weigh-
ing the problem of legislative apportionment. Practically all
municipalities in Florida are incorporated and, when de-
sired, their charters amended by local laws. County govern-
ment, local taxes and many local courts are largely regulated
by local laws relating to a single county. The local laws en-
acted by this legislature in recent years exceed the general
laws by a ratio probably in excess of 5 to 1 in number and
volume. It is also a political policy of great antiquity that the
legislature will enact those, but only those, local laws agreed
upon by the entire delegation from the affected county.
The natural barriers, the shape of the state, and the varying
density of population are such that beginning at any point
and carving out districts of exactly equal population would in-
evitably result in splitting counties, putting in the same dis-
trict people lacking those affinities desirable in local govern-
ment, and, many times, people separated by great rivers,
swamps or lakes and, sometimes, by traditional rivalries.
All these factors emphasize the importance of the county
as a unit in legislative apportionment in Florida. They would
appear to be of such importance to the people as to justify
according the maximum permissible departure from strict
mathematical apportionment in order to preserve, as much as
constitutionally possible, districting along county lines.
In those districts where deviation is necessitated because of
rational state policy, the Legislature endeavors to minimize
deviation in one house by appropriate adjustment in the other
house.
The Legislature of 1966 by the enactment of Chapter 66-1
determined that the apportionment therein provided did, in
fact; meet the standards of equal protection of the law set by
the Supreme Court of the United States when applied to the
factual situations existing in Florida, and the Legislature of
1967 confirms that determination based upon the foregoing
facts and, as regards those districts where the variation from
average population is greatest, based upon the following spe-
cific findings of fact.
Specific information and findings of fact as to any Sena-
torial districts not referred to in the specific findings of fact
herein made can be provided, if requested or required by the
United States District Court for the Southern District of
Florida.
2. SPECIFIC FINDINGS OF FACT:
A. SENATORIAL DISTRICT NO. 3
i. All the reasons stated in justification of District No. 4
are adopted as being equally applicable to District No. 3.
ii. The second reason for the justification of this district is
the recognition of the natural and historical boundary of the
Choctawhatchee River which separates the Third District
from the Fourth District. It starts on the north boundary of
Washington County and flows southwesterly to the Gulf of
Mexico along the Washington County line. Prior to the last
few years, the difficulty of crossing the river, especially at
flood times, caused the people of a given area to form common
social, economic and political ties. Historically, Okaloosa
County was carved out of Santa Rosa and Walton Counties.
Historically, the people of Holmes, Walton, and Okaloosa
Counties separated from Washington County and those west
by the natural boundary of the Choctawhatchee River did com-
prise a compact social, political and economic unit. They do
now. In contrast, Washington County and eastward comprised
and do comprise a portion of the Bay County trade area.
B. SENATORIAL DISTRICT NO. 4

In submitting a justification for the variance of 14.39 per-
cent from the norm in the reapportionment plan, we will use
the criteria set forth in the opinion of the court and list the
justification for variance under the heading of the criteria
which justifies variance.

Jan. 19, 1967

people of the counties of Franklin, Wakulla and Liberty have
never had a reason to join with the people of the 4th district
in planning the future development of their counties or par-
ticipating in governmental undertakings.
v. Recognition of Historical Boundaries as Well as Natural
Boundaries for the Reasons Set Forth Above
We would point out further that before rearranging the 3rd

E OF REPRESENTATIVES 57

i. The Integrity of Political Subdivisions
The 4th senatorial district as presently constituted is located
entirely in the first congressional district. The congressman,
Robert Sikes, the senior member of the Florida delegation, has
represented the counties in the 4th district since he has been
in Congress. The only suitable way to adjust the 4th district
and the 3rd district, each of which varies more than 14 percent,
would be to shift Washington County, with a population of
11,249, to the 3rd district since adjustments in the 3rd and 4th
districts can only be made to the east. A glance at the map of
Florida establishes this fact. By losing Washington County,
the 4th district would have to pick up Calhoun, Liberty, Frank-
lin and Wakulla in order to bring the district within a variance
of below ten percent. In doing this, the 4th district would then
be split between two congressional districts. This would dis-
turb the long established congressional representation in the
various counties in regard to senatorial and congressional
representation.
In addition, the counties of Bay, Washington and Gulf pres-
ently comprise the 4th district and are located in the 14th
judicial circuit. The rearranging of counties as referred to
above would result in Bay, Washington and Gulf being in one
judicial circuit and Liberty, Franklin and Wakulla being in
another.
Prior to the present apportionment plan, Bay, Washington,
Calhoun and Gulf were in the old 25th senatorial district, there-
fore, from a political subdivision standpoint these counties
have been together for many years. However, Liberty, Franklin
and Washington are separated from the counties of the 4th
district by the Apalachicola River and have never been a politi-
cal subdivision with the counties now comprising the 4th dis-
trict.
ii. Maintenance of Compactness
By placing Washington County in the 3rd district and adding
Calhoun, Liberty, Franklin and Wakulla to the 4th district, it
is obvious that the district would be far from compact, sepa-
rated by the Apalachicola River which is probably the greatest
natural boundary in the panhandle of Florida.
iii. Maintenance of Contiguity
It should be pointed out under this heading that the 4th dis-
trict if changed would be in a different congressional district
and different judicial circuit and although the counties them-
selves would be contiguous, the flow of efficient governmental
activities would be considerably disturbed.

iv. Recognition of Natural Boundaries
The 4th senatorial district is bounded on the west by the
Choctawhatchee River, on the east by the Apalachicola River
and the south by the Gulf of Mexico. The presence of these
natural boundaries historically has resulted in certain com-
munity of interest, certain governmental philosophies and de-
velopment of the areas involved. For instance, Bay County and
Panama City is the trade area for the counties now comprising
the 4th district, while Leon County is the trade area for
Liberty, Franklin and Wakulla Counties. A look at the map
explains why these trade areas have developed over the years.
The Apalachicola River with its vast swamp lands separate the
counties of Liberty, Franklin and Wakulla from the 4th dis-
trict. The economy of Bay and Gulf Counties as compared with
Liberty, Franklin and Wakulla is vastly different. For instance,
the great single industry in Bay County is tourism. For the
past several years, Bay County has been either No. 1, No. 2 or
No. 3 of the leading counties in summer tourist attraction.
Gulf County also has a very active tourist trade. Both Bay and
Gulf Counties have large industrial plants located in the
counties. Bay County has the International Paper Company and
Gulf has the St. Joe Paper Company, while the economy of
Franklin and Wakulla Counties, although located along the
coast, is primarily fishing and forestry. Liberty and Calhoun
Counties are primarily engaged in agriculture and forestry
operations. Because of these great natural boundaries, the

58 JOURNAL OF THE HOU

and 4th districts, consideration should be given to the actual
population of the districts as opposed to the population es-
tablished by the last federal census. For example, according to
figures released by the Florida Development Commission, based
on reliable criteria for establishing present day population,
Okaloosa County in the 3rd district has a population of 79,800,
which is 18,625 people more than the last census reflects. Keep-
ing this fact in mind, the 3rd district is in fact well within the
permitted variance, and the addition of Washington County
would in fact result in malapportionment as to the 3rd district,
in addition to creating the multiple problems set out herein in
regard to the 4th district.
We should also keep in mind that the Florida Legislature will
reapportion following the 1970 federal census and if inequities
exist at that time they can be corrected.
In Bay County there is Gulf Coast Junior College which
serves Bay, Washington and Gulf counties but it does not
serve Liberty, Franklin and Wakulla Counties.
vi. Conclusion
By applying the test justifying variation laid down by the
court, we submit that the variation in the 4th district is jus-
tified because of the political subdivisions, desirability of com-
pactness, maintenance of contiguity and recognition of na-
tural and historical boundaries. Any adjustment in the dis-
tricts to adhere to the norm would bring about more in-
equities than it would correct. The addition of the counties
alluded to above to the 4th district would be to disturb the
historical pattern of the government, would be of little or no
benefit either to the 4th district as constituted or to the coun-
ties added, and in all probability, rather than bringing about
harmony and better representation would bring about confu-
sion in governmental functions and impede the ordinary de-
velopment and progress of the area.
C. SENATORIAL DISTRICTS 9, 10, 18 and 31
Duval County, the second largest county in the state, his-
torically in the Florida Legislature has always had a senator.
Under any reapportionment plan devised or suggested the
territorial integrity of Duval County has been maintained.
In a Senate consisting of forty-eight senators, there are only
two possibilities with reference to senate representation from
Duval County if the territorial integrity is to be preserved.
We can either have four senators as in the present plan, which
gives them a 10.37 variance from the normal, or five senators
which would give them 11.7 percent over-representation. Be-
tween the alternatives, there can be no doubt that the four
senator plan gives much greater mathematical equality than
does a five senator plan.
The other factors allowable for justification of a variance
include a contiguity of senate districts and historical and na-
tural boundaries. These were further factors in the state pol-
icy, particularly since Duval county is one of the oldest coun-
ties in the state.
Still another consideration to effectuate a reapportionment
formula which would have to be considered in connection with
Duval County is that it is the only major metropolitan county
in the state completely surrounded by small counties. To at-
tach territory from Duval County to a senate district con-
sisting of these small political subdivisions would mean that
either the precincts from Duval County or the smaller coun-
ties would not have effective representation. To attach a small
county to Duval County in a senatorial district would make
it either impossible for the small county to have an oppor-
tunity to elect a senator or else would necessitate residency
requirements.
In addition, there has been no complaint from Duval County
as to the numerical representation afforded citizens in the
Senate, and the citizens are generally aware that in the House
of Representatives there is an over-representation of 2.3 per-
cent as a compensating factor. Under the one hundred seven-
teen member House, it was possible to have either ten or
eleven representatives from Duval County and the county was
given eleven, partly because of the ratio of difference in the
senate.

1S

It is also to be noted that Duval County constitutes a sep-
arate congressional district and it has been the policy of the
state to correlate state Senate representation with congres-
sional representation.

;E OF REPRESENTATIVES Jan. 19, 1967

D. SENATORIAL DISTRICT #12
In 1962, the 12th senatorial district consisted of Indian River,
Martin and St. Lucie Counties. In 1963, the district was changed
with Indian River being made the 29th district, and Martin
being placed with Okeechobee and Osceola Counties in the
33rd district. In 1966, the district was changed with Indian
River and Martin being returned to the 12th district, and
Okeechobee County added. Population-wise, at that time con-
sideration was given to including Glades County, with 2,950
people. This would have made the 12th district and the 24th
district practically equal in population-91,000 in round figures
each. However, traditionally, Indian River, Martin, Okeechobee,
and St. Lucie Counties have comprised a geographical area with
mutual interests around Ft. Pierce, county seat of St. Lucie
County, the center of the trade area. Vero Beach, county seat
of Indian River County, is 14 miles to the North; Stuart, county
seat of Martin County, is 19 miles to the South; and Okeecho-
bee, county seat of Okeechobee County, is 36 miles to the
Southwest.
For years, the citrus industry has been the biggest industry
in Indian River and St. Lucie Counties, and has now become
one of the biggest industries in Martin County. Historically,
the Indian River, from the days when the only travel was
by sailboat up and down the river, joined these three counties,
and the Indian River label on citrus fruit over the years has
designated the joint interests of the area. These four counties,
Indian River, Martin, Okeechobee and St. Lucie, have for years
comprised Division C of the 9th Judicial Circuit, and the Circuit
Judges divide the work in the four counties.
The reason that Glades County on the West side of Lake
Okeechobee was not included in the 12th district was that
for similar reasons just mentioned for the 12th district,
Glades County is in the gulf coast area with Ft. Myers,
county seat of Lee County, the dominant trade center. The
Counties of Charlotte, Collier, Glades, Hendry, and Lee, in
the gulf coast area west of Lake Okeechobee and the Kissim-
mee River have always enjoyed a community of interest west
of the natural boundary of Lake Okeechobee and the Kissim-
mee River, as the counties in the 12th district have to the
east. The Caloosahatchee River has been a similar connect-
ing factor in the 24th district, although Indian River tech-
nically is a sound and not a river.
Most of Indian River and Martin Counties, prior to 1925,
were parts of St. Lucie County. The compactness of the area
made it obvious that it was undesirable for Martin, as an ex-
ample, to be in a district with Okeechobee and Osceola when it
is only 18 miles between Ft. Pierce and Stuart, but over 120
miles from Stuart to Kissimmee. The maintenance of com-
pactness and recognition of natural boundaries in District 12
is strengthened by Martin and Okeechobee Counties both bor-
dering on Lake Okeechobee, Indian River, Martin, and St.
Lucie all bordering on the Atlantic Ocean.
While it is conceded we could have put the four counties in
the 12th district, Indian River, Martin, Okeechobee, and St.
Lucie, with Palm Beach County and had three senators,
thus giving us a better population ratio, it would also have
diluted the status of the office in Palm Beach County, served
to confuse the voters, and would have required that the sena-
tors representing that county decrease their services in order
to serve five counties, five county commissions, five school
boards, and numerous municipalities. The legislature consid-
ered this plan, but it was felt that in spite of the fact that
the population ratio was increased by placing Indian River,
Martin, Okeechobee, and St. Lucie into one district that the
benefits accruing to Palm Beach County on the basis of his-
torical, good representation far offset the slight variation
from the average, and that the throwing together of this dis-
trict purely for the "test-tube" principles of needing a varia-
tion was not justified. While we recognize that the 1960 census
figures have to be used, surely the Court could take judicial
knowledge that it would be a step back where we know a
county like Orange County, or Brevard County, or these coun-
ties grow faster than the state average.

In the latest congressional redistricting, Indian River and
St. Lucie Counties were again placed in the 9th U. S. Con-
gressional District, so the four counties, Indian River,
Martin, Okeechobee, and St. Lucie, of the 12th district, the
five counties of the 24th district, and Palm Beach County,
comprising the 33rd and 35th senatorial districts are the four
senate districts in the 9th U. S. Congressional District.

JOURNAL OF THE HOUSE

The fact that Martin County on the south is between Lake
Okeechobee and the Atlantic Ocean, with the Loxahatchee
River on the south, if not joined in the 12th district with St.
Lucie, would have to be joined with Palm Beach County
with over 228,000 people, immediately indicates the objections
to that approach. On the north, Indian River County-with
the Atlantic on the east, the St. Johns River marsh on the
west, and the Sebastian River on the north, if not joined in
the 12th district with St. Lucie County wou ld have to be
joined with Brevard County on the north with a population
of over 111,000. It should be noted that all of these counties
in the 12th district periodically have nearly doubled their pop-
ulations every ten years, and all are among the top counties
in the state with percentage increases in the population. The
only other direction to go to obtain a county of more popula-
tion would be toward Osceola County, but for obvious rea-
sons, since Kissimmee, county seat of Osceola County, is only
16 miles from the metropolitan area of Orlando; Osceola and
Orange Counties are both in Division A of the 9th Judicial
Circuit with resident Circuit Judges serving in both counties;
Orange and Osceola Counties are in a house district; and
other similar reasons, the people would much prefer to re-
main with Orange County.
Highlands County is in the same predicament west of the
Kissimmee River and closely related to Hardee and DeSoto
Counties. A typical reason for the present District 12 is that
Indian River Junior College is supported by and serves all
four counties. The Ft. Pierce News publishes a four-county
edition, and is considered the only local four-county paper.
The Miami Herald also publishes an Indian River edition
featuring news of Indian River, Martin, and St. Lucie Coun-
ties. The Ft. Pierce-Vero Beach television station is a VHF
station, and its prime coverage is in the four counties of the
12th district. The Florida East Coast Railway ties Indian
River, Martin, St. Lucie Counties together. Eastern Airlines
serves the area through Vero Beach, and most passengers
from the four counties use that terminal. The port of Ft.
Pierce is a deep-water port in the center of the four counties,
and has a direct effect on freight rates, which benefit all four
counties. While the St. Lucie inlet in Martin county is avail-
able for smaller boats, the Ft. Pierce inlet is the only deep-
water harbor between Jacksonville and West Palm Beach. In
addition to being in Division C of the 9th Judicial Circuit,
all four of the counties presently in the 12th district are also
in the Central and Southern Florida Flood Control District.
This district is supported by local, state, and federal funds,
and all agriculture is dependent on the district for survival.
While economic interests are not to be considered, the fact
remains that historically, the Okeechobee livestock market has
been the main market for cattle interests in all four counties.
Southern Bell Telephone Company, for another example, is
so set up that all four counties' long distance facilities op-
erate through the Ft. Pierce main offices.
E. SENATORIAL DISTRICTS 19, 20, 37, 36
The Legislature established a series of policies in attempt-
ing to reapportion at this February 1966 special session: to
follow congressional district lines since they were substantially
equal in population, giving four senators to each district; to
maintain the integrity of the county as a political subdivision
in subdistricting.
Orange and Brevard Counties make up the 5th Congres-
sional District. It was essential and desirable to subdistrict
both for historical and developmental reasons. With the 1960
Census population for Orange of 263,540 and Brevard of
111,435, the allocation of one Senator for Brevard and three
for Orange was the division which came closest to the norm.
1Geographically Orange and Brevard counties are separated
by the widespread basin of the St. Johns River which forms
the eastern boundary line of Orange and the western one of
Brevard.
The St. Johns River is Florida's largest river. It flows North,
has very little fall and resembles a series of large lakes. Its
total basin consists of a wide swath of adjoining lakes and
ponds, marsh, and wetlands which is totally uninhabited.
Historically there was, because of the river basin, little com-
munication between Brevard and Orange Counties. Brevard
is a long narrow, coastal county and Orange a compact inland
county. Both do grow a large amount of citrus but deal in

different kinds of markets. Orange citrus is grown in the
western highlands of the county and is of the same varieties
1See maps attached -Exhibits "A" and "B"

Jan. 19, 1967

Final analysis by the Legislature of the total representation
of Orange County in the Legislature, House and Senate com-
bined, revealed that while Orange County was under the
norm in the Senate by 14.84%, it was over the norm in the
"2Exhibit C-Excerpts from The Region's Form and Appear-
ance Study by The City and Architectural Associates.

E OF REPRESENTATIVES 59

as Lake and Polk Counties which is used primarily in the con-
centrates. Brevard produces the luxury Indian River fruit
which is marketed under that trade name and commands a
premium price in the fresh fruit market.
Highway access between the two counties is extremely
limited. One modern highway #50 biseects Orange County,
splits into two substandard two-lane roads ten miles west of
the boundary line. One of these two-lane roads goes east to
Titusville, Brevard's most northern city, the other southeast
to Cocoa, Brevard's middle city. The only route to Melbourne,
Brevard's Southern city is through Osceola County. Last year
a section of wooden bridge on the road to Titusville burned.
During the period of rebuilding the bridge, the only route from
"Orlando to Titusville was a circuitous one through Cocoa and
then north to Titusville.
The rapid growth of these two counties has not been in the
area where the counties are contiguous. Orange County's
growth has been entirely in the western half; Brevard's growth
has been along the coast in its three urban sections. The docu-
mented evidence of this growth and the projected development
has been compiled by the East Central Florida Regional Plan-
ning Council which is attached.2
"Separating the Orlando complex from the coastal city or
Canaveral area, the design calls for a permanent greenway
or natural area protecting the entire essential watershed of
the St. Johns River. Scenic highway and waterway systems
connect the lakes and rivers of the entire area to provide link-
age and continuity within this large scale design concept.
The Regional City (Canaveral)
The coastal cities of the region (Brevard) have certain char-
acteristics in common-they are all connected by or connected
directly to U. S. Route No. 1 and the new U. S. I 95. And they
are all water oriented. They have all experienced substantial
growth in the last 20 years; they all serve permanent residence
populations and tourist population. A substantial number of
the residents in all of them are employed in space-age or mili-
tary activity or service activities connected with them.
The Regional City (Orlando)
On the interior of the region Orlando has emerged as the
dominant city, serving as a major distribution point for Cen-
tral Florida and an important employment center for the
Aerospace Industry.
It has grown in a few years from a city of less than 50,000
people into a young metropolis. It is probable that Orlando
will continue its role of leadership for the inland portion of
the region. As such it is expected to grow into a metropolitan
center of more than a half million people during the next two
decades."
These are the reasons it was determined by the Legislature
to subdistrict the four Senate districts giving three to Orange.
and one to Brevard. This was the closest arithmetical subdi-
vision possible. Had the four Senate districts been at large
between Brevard and Orange, the Legislature considered it en-
tirely possible that all four elected Senators might have been
residents in Orange, giving Brevard no direct voice in the
Senate. The Court had ruled out satellite residency require-
ments so this could not be proposed again.
Other evidence considered by the Legislature in subdistricting
this 5th Congressional Dsitrict, was the competition between
Orange and Brevard Counties. Although both of these counties
are growing in aero-space connected industry, they compete
directly with one another in attracting such industry. Since
their urban growth is not contiguous, they compete, too, for
such governmental services as highways, airports and recrea-
tional facilities.
The Legislature also recognized in its deliberations on this
matter that the 1960 census figures under which we were re-
quired to act at this time, did not reflect the great growth of
these two counties during this decade. It was taken into ac-
count, in the legislative deliberation, that after the 1970 census
when the apportionment of 1971 would occur, that adjustments
of senatorial districts in this area would again have to be
made.

60 JOURNAL OF THE HOUSE OF REPRESENTATIVES Jan. 19, 1967

PiL;Tha St4ObN ekt

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LEND -.D1S NATURAL DI STRICT
LEGEND EAST CENTRAL FLORIDA

OSM NATURAL DISTRICT BOUNDARY

0 8 16 24
SO.MILES SCALE IN MILES N

EXHIBIT "A"

Jan. 19, 1967 JOURNAL OF THE HOUSE OF REPRESENTATIVES 61

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E UNDEVELOPED URBAN IMPROVED PASTURES
NATURAL RANGE UNDEVELOPED MANAGED FOREST [ 0 I 16 24
SMILES SCALE IN MILES N
EXHIBIT "B"

62 JOURNAL OF THE HOU!

House by 11.28%. Thus, the Legislature reasoned that in total
legislative representation, the deviation in Orange County's
representation would be only 3.56% under the norm. Likewise,
Brevard County, while it is over the norm in the Senate by
8.02%, it is under the norm in the House by 12.23%, so its total
legislative representation would be only 4.21% under the norm.
F. SENATORIAL DISTRICTS 33 & 35
Historically, Palm Beach County has constituted a senatorial
district.
Palm Beach is one of the most diversified counties of the
state, including agriculture, industry, tourism, culture, recrea-
tion, sports and a business center. Further, it is one of the
largest counties east of the Mississippi.
The five criteria laid down by the Court justify the continua-
tion of Palm Beach County as a separate senatorial district.
The legislative choice in maintaining the integrity of the county
as a senatorial district was to give either two or three senators
to the county. The conclusion to give two resulted in only a
10.56 variance, whereas three senators would have made the

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America's first space city -* Canaveral

SE

grow a major urban complex making use of planning scales
in such a way that Canaveral City can become in itself a
major attraction not only of the Region or the State but of
the World.

THE REGIONAL CITY
(Orlando)
.On the interior of the Region, Orlando has emerged as the

E OF REPRESENTATIVES Jan. 19, 1967

variance astronomically in excess of this amount. The only
way to obtain test tube mathematical accuracy would be to
divide the county. This was legislatively determined to be not in
the public interest and the decision not to divide the county has
received the overwhelming endorsement of all of the diversi-
fied interests in the county.
EXHIBIT "C"
THE REGIONAL DESIGN PLAN
The design plan for the East Central Florida Region consists
of four visual districts described in this report along with a
careful selection of those areas which would appear to be the
most desirable for urban development. The Orlando urban com-
plex is identified in the plan with indications as to where
the satellite or lineal development along selected major routes
would appear to be of greatest benefit to existing communities
and to new investment. Similarly, the urbanization of the coast
south to Palm Bay is considered as a lineal new city with its
focus at the Cape and Merritt Island. Daytona is also featured
in the design plan as a major regional city. Separating the
corridor cities are wedges of permanent open space which re-
inforce the identity of the individual cities and give relief
from monotony of continuous look-alike development. Separat-
ing the Orlando complex from the coastal city or Canaveral
area, the design calls for a permanent greenway or natural
area protecting the entire essential watershed of the St. John's
River. Scenic highway and waterway systems connect the lakes
and rivers of the entire area to provide linkage and continuity
within this large-scale design concept.

THE REGIONAL CITY
(Canaveral)
The coastal cities of the Region have certain characteristics
in common-they are all connected by or connect directly to
U. S. Route #1 and new U. S. 1-95 and they are all water
oriented. They have all experienced substantial growth in the
last twenty years; they all serve permanent residence popu-
lations and tourist populations. A substantial number of the
residents in all of them are employed in space age or military
activity or service activities connected with them. They all
enjoy the same climate, the same insects, the same water pollu-
tion problems, the same commuting problems, and future prob-
lems of expansion of population and employment requirements.
These communities are presently well served by schools and
health facilities but they are all deficient in adequate recreation.
The long-range design concept embodied in this report is that
these communities, sharing common problems, common inter-
ests and a common future, although individuals each in them-
selves, in order to succeed as entities must develop a common
purpose or common front. A plan for the best development
of the inland waterways, the St. Johns River and the coastal
fringe, should envisage a series of clusters of modern cities
or sub-cities each with its business and shopping centers and
its identifiable cultural and recreational facilities. However,
all of them would be tied together by waterways, marinas,
causeways, parkways and boulevards designed to unify the
system of urban development and to provide it with an at-
tractiveness now lacking. There are limitless opportunities for
the development of attractive shore lines now lacking on the
Indian and Banana Rivers. We have in mind not only the
classical prototype of Venice, Italy, but the many other water-
oriented cities of the world such as Stockholm and Amster-
dam and San Antonio, Texas. It is sometimes difficult for
people in newly developing areas to think far ahead and visual-
ize what the future of their cities can become. The fine water
developments around Biscayne Bay at Miami and at Fort
Lauderdale are examples-and good examples-of what se-
lectively could be imitated and improved on here. There are
many missing major public facilities which none of these in-
dividual existing cities could build today and possibly in the
future which through combined effort could be built and could
be located centrally along the waterways. It is assumed that
the space age installations at Merritt Island and at Cape Ken-
nedy are permanent and that around them in the future can

Jan. 19, 1967 JOURNAL OF THE HOUSE OF REPRESENTATIVES 63

I-.... i --
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LEGEND REGIONAL DESIGN PLAN
) REGIONAL CITY i: GREENWAY EAST CENTRAL FLORIDA
CORRIDOR CITY ***** SCENIC PARKWAY
i URBAN CONNECTOR wa.go REGIONAL HIGHWAY A
URBAN SPACER SPACE PORT S 8 16 '24
Irk% SO.MILES SCALE IN MILES N

EXHIBIT "C"

64 JOURNAL OF THE HOU

dominant city. Serving as a major distribution point for central
Florida and an important employment center for the aerospace
industry, it has grown in a few years from a city of less than
50,000 people into a young metropolis.
It is probable that Orlando will continue its role of leader-

IS

A young metropolis Orlando

E OF REPRESENTATIVES Jan. 19, 1967

ship for the inland portion of the Region. As such it is ex-
pected to grow into a metropolitan center of more than a
half million people during the next two decades. Attendant
to this growth will be problems which must be solved, such
as utilities extension and the development of an adequate urban
transportation system. So long as the impetus for dynamic
urban growth continues, these challenges will probably be met.
Less likely to be achieved without determined guidance of the
leadership elements of the community and Region are the de-
velopment of an attractive and compatible visual environment.

-was taken up.
On motion by Mr. Pettigrew, the rule was waived by two-
thirds vote and SCR 10-X(67) was read the second time by
title.
The Select Committee on Apportionment offered the follow-
ing amendment:
Following "2. Specific findings of fact" at the end of said
Section 2., p. 21 add the following:
"3. Additional general findings of fact relating to House
districts.
A. Contrary to appellant's contention to the Federal Court,
House Bill 17-X, adopted by the 1966 Reapportionment Session
of the Florida Legislature, contained no pattern of discrimi-
nation for or against either urban or rural counties as this
was precluded by the procedure adopted by the House of
Representatives. The procedure was to divide the members of
the House into twelve (12) committees representing caucuses
composed of members from each of the twelve congressional
districts.
The major reason for the division of the House membership
into congressional areas was to eliminate the potentiality of
patterns of discrimination developing against any area of the
state. Past experience had demonstrated that other methods
of approach had allowed such patterns to emerge.
B. Although the maximum population variance ratio among
these congressional districts was 1.24 to 1, they were not
assigned equal numbers of House seats. Allocation of seats
to these congressional districts varied because of the differences
in population. The number of seats allocated each district and
the district's population is set forth in Exhibit D attached
hereto.
C. The Attorney General of Florida prior to the reapportion-
ment session had furnished the members of the Legislature
a document entitled, "Criteria and Guidelines for Reapportion-
ment as Established by Federal Courts." (R 89-90) It embodied

4b dl% .010 mI~L
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The architecture of the future wiZZ probably be even more daring.

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,.,.00,

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXHIBIT "C" (CONT.)

0000. ,,,
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1. T f tF

e'Nj

Future cities may present breathtaking skylines along coastal waterways.

the requirements of Federal Court decisions at that time. The
Legislature was fully justified in following these guidelines.
Within those guidelines, the Legislature pursued the further
objective in the caucuses of multi-county congressional districts
of allocating seats in each House district to as small a number
of counties as possible consistent with the population criterion
in order to have each Representative reasonably accessible
to his constituency.
D. The Legislature adopted House Concurrent Resolution
5-X on March 3, 1966. This Resolution officially adopted the
procedure of caucusing by congressional districts. Pursuant
to the Resolution, reports of the caucuses were duly rendered,
and the recommendations thereof were considered by the Se-
lect Committee on Apportionment. Copies of the Resolution
and all written caucus reports are attached hereto as composite
Exhibit F. The caucus reports of Districts 2, 4, 10, 11 and 12
(the latter three having caucused jointly) were presented
orally.
E. The House Select Committee on Apportionment approved
the plans as submitted by each caucus. The House delegations
from the 10th, 11th and 12th Congressional Districts orally
communicated that they had decided not to follow the lines
of the 10th, 11th and 12th districts but instead to follow
the county lines of Broward, Dade and Monroe and to allocate
the seats therein in accordance with population as follows:
Broward 8 seats, Dade 22 seats and Monroe 1 seat.
As reflected in report of the House members from the
Fifth Congressional District, Dated March 3, 1966, Representa-
tive J. J. Griffin, of Osceola County of the Fourth Congressional
District met with the Fifth Congressional District, and as a
result thereof, unanimous agreement was reached that Orange
and Osceola Counties would comprise one House election
district and would then be allocated six (6) seats in an 118
member House.
With the two exceptions set forth above, all House election
districts were contained within the separate congressional dis-
trict boundaries.
F. Chapter 66-1, Laws of Florida (House Bill 17-X) adhered
to a remarkable degree to the recommendations of these
caucuses. Attached hereto as Exhibit E is the table of "Final
Allocation of House Seats to Congressional Districts."
When the proportion of the total population of the state in
each congressional district area is compared to the total num-
ber of House seats assigned to that district, the maximum
variation is 7.68 per cent under-representation in the Fourth
Congressional District. In ten (10) of the twelve (12) districts
the variation is less than 5 per cent. Again the table clearly

demonstrates that no pattern of discrimination exists in the
plan.
It thus appears that the arbitrary classification by the ap-
pellants of certain counties as urban and rural was the basis
of their contention in Point 4 of their brief in the Supreme
Court of the United States that there was a pattern of discrimi-
nation. Further, the appellants' contention that congressional
district lines were not followed in the House plan is clearly mis-
leading. The facts as cited in Paragraph E above, establish
that such lines were followed with only minor exceptions.
G. More than 50 per cent of Florida's citizens reside in
Dade, Duval, Hillsborough, Broward and Pinellas Counties.
Clearly, if the intent of House Bill 17-X was to discriminate
against the urban areas, these large population centers of neces-
sity would have had to be the vital targets.
However, in the House the 50.43% of the state's 1960 popula-
tion residing in these 5 counties elect 50.43% of the House of
Representatives, a mathematically perfect result. And, three of
these counties, Duval, Pinellas and Broward are over-repre-
sented slightly and Dade and Hillsborough are slightly under-
represented. Three have variations of less than 2% from per-
fect mathematical equality of representation and the other two
vary as follows: Duval, 2.17% over-represented; Hillsborough,
4.44% under-represented.

Applying another form of analysis to the twelve most pop-
ulous counties, comprising 74.141% of the total population, 3
counties are over-represented slightly both in the House and
Senate, seven counties are over-represented in one body while
being under-represented in the other, and only two of the
twelve most populous counties are under-represented in both
House and Senate. This analysis dispels completely the charge
of discrimination against urban areas made by appellants.
H. Variations of population of House seats in every case
occurred as a result of giving consideration to rational and
justifiable factors including preservation of the integrity of
county lines, natural boundaries, and the balancing and off-
setting of minor variations of under-representation in one
House by opposite variations in the other House as expressly
suggested by the United States Supreme Court in Reynolds
vs. Sims, 377 U. S. 533.

For the foregoing reasons, the minor variations of the House
of Representatives contained in House Bill 17-X are justifiable
and non-discriminatory, and said Bill is fairly representative of,
and presents substantial equality of voting power for, the
people of the State of Florida.
"4. Specific findings of fact relating to House districts."

Jan. 19, 1967

65

I _

66

A. MONROE COUNTY:
Monroe County is a narrow chain of islands extending ap-
proximately 200 miles into the ocean from Key Largo to the
dry Tortugas. The center of population is in or near the county
seat of Key West which is 105 miles South of Dade County.
U. S. Highway No. 1 is the only road extending the length
of Monroe County. It is 157 miles from Key West to Miami;
181 miles from Key West to Ft. Lauderdale, the county seat
of Broward County; 239 miles from Key West to Naples, the
county seat of Collier County; and 240 miles from Key West to
Moore Haven, the county seat of Glades County. Historically
Monroe County has always constituted a separate district in the
House of Representatives and the state has been compelled to
recognize its isolated location and handle the problems of its
insular communities accordingly.
The county has always had its own judicial system. The 16th
Judicial Circuit was created for the express purpose of serving
the people of Monroe County because of its isolation. The
United States of America recognizes the peculiar problems re-
specting Monroe County and it has, among other things, an
officer of the Federal Bureau of Investigation, and a resident
United States Commissioner located in Key West, and the
Miami Division of the United States District Court for the
Southern District of Florida provides for a session of that Court
in Key West.
B. CHARLOTTE, COLLIER, GLADES, HENDRY AND LEE
COUNTIES:
There was a variation of 11.00 per cent over-average in the
House but an under-variation of 8.92 per cent in the Senate.
The 5 counties are within a 60 mile travel range of each other.
Problems of water control, water navigation, conservation, high-
ways and transportation are common and closely related. The 5
county area is represented in water conservation and transpor-
tation matters by a Water Resources Advisory Board.
The Okeechobee Waterway and its connecting West Coast
Inland Navigation District are binding ties.

C. PALM BEACH COUNTY:
This county is bounded on the North by Martin County, on
the Northwest by Lake Okeechobee, on the West by Hendry
County, on the South by Broward County, and on the East by
the Atlantic Ocean. The other counties within the same con-
gressional district are slightly under-represented, thus making
it impossible to allocate another seat in the House without
increasing the size of the legislature. Joinder of adjacent rural
counties into the same district would have made the House
district larger than the Senate District, comprising Palm Beach
County only.

D. INDIAN RIVER, MARTIN, OKEECHOBEE, AND ST.
LUCIE COUNTIES:
This district has two representatives running at large.
The original St. Lucie County was created out of Brevard
County in 1905. Its east boundary is the Atlantic Ocean and it
extended from the Sebastian River on the north to the St.
Lucie River on the south. In 1917, Okeechobee County was
created, taking the westerly portion of the original St. Lucie
County. In 1925, Indian River County was created from the
northern part of St. Lucie County and in the same year, Mar-
tin County was created out of the southern part of St. Lucie
and the Northern part of Palm Beach. Therefore, St. Lucie is
now bounded as follows: On the north by Indian River, and on
the west by Okeechobee, on the south by Martin County and
on the east by the Atlantic.

Traffic arteries in the form of primary state highways form
direct connections between the county seat of St. Lucie and
the county seats of each of the other counties. Similar road
connections do not exist between the other county seats in
direct fashion. St. Lucie possesses 44 per cent of the popula-
tion of the district with the next largest, Indian River having
29%.

True representation of the entire district necessitated a resi-
dential requirement to avoid the possibility of both representa-
tives being elected from St. Lucie County, which would na-

turally follow because one cannot move from Indian River
County to the other counties in a direct manner without pass-
ing through St. Lucie County or flying.

Jan. 19, 1967

These four counties for many years comprised a judicial
circuit. Presently they are Division "C" of the 9th Judicial
Circuit.
The four counties are under-represented by 3.92% in the
House of Representatives but over-represented 14.73% in the
Senate. There was no intentional discrimination to accomplish
this. It resulted from the advisability of maintaining the in-
tegrity of county lines.
E. MANATEE COUNTY:
Manatee is bounded on the north by Hillsborough County
and Tampa Bay, on the south by Sarasota, and on the east by
the interior counties of DeSoto and Hardee. Approximately
95% of the population of Manatee County is within a densely
populated area east of the Braden River, comprising an area
approximately 7 miles wide in the southwesternly portion of
the county. The county is urban with sparsely populated area
to the east. To join Manatee with Sarasota with 4 representa-
tives would not appreciably change the population variance.
To group it with DeSoto, Hardee and Highlands would destroy
the compactness of both districts. Transportation between
Hardee and DeSoto Counties and Manatee County is extremely
difficult, the only source being private vehicles over secondary
roads.

F. POLK COUNTY:
Polk County with 4 representatives is over-average 15.27%
in the House, but 5.42% under-average in the Senate. Polk
County is a large geographical area located in the center of the
state. The known growth trends in the area surrounding Polk
coupled with its geographic peculiarities made it the best
policy of the state for it to remain an integral unit, rather
than combining it with Manatee County in its same congres-
sional district.
G. BREVARD:
Under the present apportionment, Brevard County is repre-
sented in the House of Representatives with a 12.23% variation
below the average, as per population, and is represented in the
Senate with an 8.02% variation above the average. It is be-
lieved that the under representation in the House balances
the representation for the county in a fair and just manner.
Brevard County is bounded on the east by the Atlantic
Ocean, on the west by the St. Johns River, on the south by
the Sebastian River, and on the north by the tidewaters of
the Banana River. These natural boundaries make Brevard
County a singular geographic unit. For this reason, the interests
of the people of Brevard County can best be protected by hav-
ing its own representatives and not being joined to another
county or counties.
Brevard County comprises a peculiar unit of the state of
Florida. The space complex of Merritt Island and Cape Kennedy
along with their related supporting facilities are all located in
this county. For this reason, the problems and needs of Brevard
County are distinct and peculiar, justifying separate representa-
tion in both houses of the legislature. Any form of apportion-
ment that would join the county with any other county and
create the possibility of denying Brevard County a direct repre-
sentative in either house would be against the best interest of
the people of Brevard County.
Since the census of 1960, the population of Brevard County
has doubled, which means that in any event the apportion-
ment which will follow the 1970 census will require drastic
changes in apportionment of this county.
Municipal officials, county officials, and many other elected
officials in this county have expressed their satisfaction with
the present apportionment and their conviction that it is fair,
reasonable and non-prejudicial apportionment.
H. ORANGE AND OSCEOLA COUNTIES:
If the House of Representatives had strictly followed the
procedure of allocating seats to congressional districts and
then divided within the district it would have been necessary
to join Osceola to a county other than Orange and Brevard
bordering it on the east with Indian River. Osceola barely
touches Lake County which is in the 5th Congressional District

with it.
By adding Osceola to Orange the district would be over-

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE

represented in the Senate by 14% but would be under-repre-
sented in the House by 11.28%.
Florida State Turnpike and major arterial roads connect
the two counties. The growth and industrial development of
Orange County is to the south, while Osceola's is to the north.

I. LAKE AND SEMINOLE COUNTIES
Seminole County is bordered on the Northeast by Volusia
which has a population according to the 1960 census of
125,319; on the South and Southwest by Orange with a popu-
lation of 263,540; and on the Northwest by Lake with a popu-
lation of 57,383. There is dispute as to whether Brevard con-
nects anywhere with Seminole but if it does, Brevard had a
population of 111,435. Seminole was entitled to a Representative
of its own, but the variance would be too great. The same
would be true if it had been assigned two Representatives. Then,
the variance of overrepresentation would have been too much.
Seminole's population was 54,947. Combined with Lake, the
district would be entitled to more than two Representatives
but not quite three.

Seminole and Lake form a compact, contiguous unit. Ar-
terial highways and other transportation facilities are adequate.
It was better policy to group Seminole with Lake than with
the adjoining large urban counties. The historical boundaries
and geography result in a unit of representation responsive
to the needs of the people. If they had not been grouped, a
problem would have resulted as to what county Lake could
have been joined.

J. ST. JOHNS AND FLAGLER
These counties are bordered on the East by the Atlantic
Ocean, on the North by Duval County, on the West by the
St. Johns River, and on the South by Volusia County which
had a population in 1960 of 125,319. Communications and
travel to the West are limited. It is contrary to the best
interest of the people of the district to join them with the
two great urban areas to the North and South. Flagler and
St. Johns form a compact unit. The district is principally
rural with timber, cattle raising, general farming, and some
summer tourism. The common history and natural boundaries
made it better policy for these counties to form a separate
district.

K. PASCO COUNTY
Pasco County with 36,785 people is bordered on the South
by Hillsborough, on the Southwest by Pinellas, on the South-
east by Polk, and on the North by Hernando, and the West

Jan. 19, 1967

ORIGINAL ALLOCATION OF HOUSE SEATS
TO CONGRESSIONAL DISTRICTS

No. of
House Seats
Originally
Assigned
9
11
11
10
9
9
9
9
10(1)
9
11
11
118('

Ratio
of
District
Population
7.66
8.96
9.20
8.32
7.58
8.03
7.81
7.57
8.28
7.94
9.39
9.26
100.00

Ratio
of
District
Seats
7.63
9.32
9.32
8.47
7.63
7.63
7.63
7.63
8.47
7.63
9.32
9.32
100.00

resulting in a House of 117

E OF REPRESENTATIVES 67

by the Gulf of Mexico. To have joined with Hillsborough
would have increased the underrepresentation (4.44) of that
county. Hernando and the counties with which it is grouped
form an almost perfect statistical district. The distance and
area which would have resulted by joining to Polk was against
the best interest of the people of both counties. A Census
Commission duly appointed enacted pursuant to the laws
of the State of Florida on December 16, 1964, determined
and certified to the Governor of the State of Florida that
the population of Pasco County was comprised of 51,000
persons on said date. As a result of said certification of popu-
lation, the Honorable Farris Bryant, Governor of the State of
Florida, authorized an additional Circuit Judge for the Sixth
Judicial Circuit of the State of Florida.

L. ALACHUA GILCHRIST PUTNAM
The overrepresentation in the House in this district is par-
tially offset by underrepresentation in the Senate. The area
is compact, contiguous, and forms a good unit for represen-
tative government. To have added other counties would have
upset the statistics of other districts.

M. BRADFORD CLAY UNION
Union County had been formed from Bradford County and
comprised a Senatorial district for many years. The Camp
Blanding complex resulted in close ties of common interest
between the three counties. These political sub-divisions form
a compact, contiguous unit. The St. Johns River forms a
natural boundary on the east.

N. BAY AND GULF COUNTIES:
Both Bay and Gulf counties are located in the panhandle
and are bordered on the west and south by the Gulf of Mexico,
Apalachicola River being the natural historical boundary on
the east, and the Choclahatchee River, which is a natural
boundary, on the north. The Washington and Calhoun County
lines also on the north make this impossible to break reappor-
tionment down in numbers and preserve natural historical
boundaries. It forms a good compact continuous unit of repre-
sentation.

O. HOLMES, WALTON AND WASHINGTON COUNTIES:
This district is bounded on the north by the State of Alabama,
on the south by the Gulf of Mexico and Bay County, and on
the east by Jackson county. It forms a compact contiguous
district. Considering the population of the counties surrounding
it, it was necessary for this district to be approved to sus-
tain the integrity of county lines.

Cong.
Dist.
1
2
3
4
5
6
7
8
9
10
11
12
TOTAL

No. of
Counties
8
24
1
11
2
1
6
1
10
(
(3

67
67

1960
Population
379,288
443,885
455,411
412,021
374,975
397,788
386,593
374,665
410,020
493,207
465,160
458,548
4,951,560

%
Vari-
ation

- .39
+4.02
+1.30
+1.80
+ .66
-4.98
-2.30
+ .79
+2.29
-3.90
- .75
+ .65

<) As HB 17-X passed, 1 Representative was eliminated from the Ninth Congressional District,
members.
Exhibit D

ORIGINAL ALLOCATION OF HOUSE SEATS
TO CONGRESSIONAL DISTRICTS

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Jan. 19, 1967

Exhibit E FINAL ALLOCATION OF HOUSE SEATS
TO CONGRESSIONAL DISTRICTS
Ratio Ratio
No. of of of %
Cong. No. of 1960 County Adjusted House Seats District District Vari-
Dist. Counties Population Shifts Total Assigned Population Seats action
1 8 379,288 379,288 9 7.66 7.69 + .39
2 24 443,885 443,885 11 8.96 9.40 +4.91
3* 1 455,411 455,411 11 9.20 9.40 +2.17
4 10 412,021 -19,029 1' 392,992 10 7.94 8.55 +7.68
5* 3 374,975 +19,029 394,004 9 7.96 7.69 -3.39
6* 1 397,788 397,788 9 8.03 7.69 -4.23
7 6 386,593 386,593 9 7.81 7.69 -1.54
8* 1 374,665 374,665 9 7.57 7.69 +1.59
9 10 410,020 410,020 9 8.28 7.69 -7.13
10,11*,12" 3 1,316,9142 1,316,914 31 26.59 26.49 .38"

TOTAL 67 4,951,560 4,951,560 117 100.00 100.00
"* Predominately urban districts
(1) Adjustment for Osceola County, which sat in caucus of Fifth Congressional District.
"2) The caucuses of these three Congressional Districts met jointly and decided to allocate House seats in accordance with
county lines.
() If the districts were broken apart and the allocations were checked for variations, the figures would be: Dist. 10 with 9 seats,
-3.15% variation; Dist. 11 with 11 seats, +.11% variation; and Dist. 12 with 11 seats, +1.51% variation.

" Exhibit F

HCR 5-X(66)-A concurrent resolution providing for cau-
cuses of members of the legislature of the state of Florida by
congressional district for the purpose of considering the ap-
portionment in such districts of the representation in the Senate
and in the House of Representatives of the people within the
areas represented by such congressional districts; and provid-
ing for reports of recommendations by such caucuses.
WHEREAS, each of the state's congressional districts, as pro-
vided by Chapter 65-2441, Laws of Florida, Acts of 1965, has
a 1960 population of approximately one-twelfth of the state's
total; and
WHEREAS, congressional districts represent a convenient
framework within which to initiate consideration of the ap-
portionment of representation in the legislature of the state;
and
WHEREAS, caucuses of members of the legislature by con-
gressional district, having not been employed heretofore in
the consideration of the apportionment of representation may
now be in order, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State
of Florida, the Senate Concurring:
That the members of the legislature of the state of Florida
residing in each of the congressional districts of the state as
enacted in 1965 shall caucus at a time set by the President
of the Senate and the Speaker of the House of Representatives,
this day March 2, 1966, for the purpose of organizing to
consider the apportionment within such congressional district
of its representation in each of the houses of the Florida leg-
islature. Each such caucus shall be composed of the members
of the legislature residing in a single congressional district
or residing in contiguous districts. Meeting rooms for the re-
spective caucuses may be assigned by the President of the
Senate and the Speaker of the House of Representatives. Hav-
ing organized, each such caucus shall proceed expeditiously
to determine the views of its members and to develop its con-
sidered recommendations relative to the apportionment therein
of the portion of the membership of the Senate and of the
House of Representatives that may be ultimately assigned to
the area represented by such caucus. Each caucus is directed
to submit a report to the President and to the Speaker within
twenty-four (24) hours, such report to be in such form that
same may be referred to an appropriate standing committee
and may give guidance to such committee as representing the
apportionment considered desirable within each such con-
gressional district, together with any alternatives thereto, in
order of priority, that the caucus may desire to transmit to
the respective houses.

Florida Senate
Pursuant to the provisions of House Concurrent Reso-
lution No. 5X, I submit herewith a report of the results
of a series of caucuses held March 2, 1966, by Senator
C. W. (Bill) Young and the six members of the Pinellas
County delegation to the House of Representatives, said
Senator and House members being the entire representation
to the legislature from the Eighth Congressional District.
I beg leave to report the following:
1. The members of the caucus were unanimous in be-
lieving that it was both feasible and workable to base
a reapportionment plan on the basis of the congressional
districts in Florida.
2. Members of the caucus recognizing that the Eighth
Congressional District is a small, compact single county
district, nevertheless unanimously expressed an opinion
that other congressional districts, being composed of two
or more counties, may have problems of residence and
sub-districting. The members of the caucus unanimously
expressed the opinion that the delegation from the
Eighth Congressional District would be amenable to
any equitable plan or solution of representation arrived
at by the members of the legislature with respect to
their own congressional districts.
3. The members of the caucus voted 5-2, to recommend
a Senate of 48 members and a House of 108 members.
Two of the members prefer a smaller House member-
ship composed of 96 members. The members of the
caucus unanimously expressed their opinion and interest
in maintaining membership in the House and Senate
that would be both feasible and workable as far as
size is concerned.
4. With respect to sub-districting within a legislative
district, the following decisions were arrived at in order
of priority.
a. The majority of the members of the caucus pre-
ferred sub-districts within the congressional district.
The members of the Legislature to reside in and be
elected solely by the electors of the sub-district. This
opinion extended to sub-districting even those counties
which alone comprised one congressional district.
b. A minority of the caucus preferred no sub-district
within single county congressional districts.
c. In the spirit of compromise and in an endeavor to
produce an acceptable reapportionment plan, the mem-
bers of the caucus unanimously agreed to consider

68

JOURNAL OF THE HOUSI

any plan providing for residential legislative districting
with candidates being elected from the district at large.
5. After the 4 P.M. session of the reapportionment com-
mittee, the members of the caucus were polled with
respect to increasing the size of the membership of
the House. The members of the caucus were unanimously
opposed to increasing the membership above the 108
member plan.
6. The members of the caucus unanimously agreed that
any reapportionment plan should provide a self executing
formula for future reapportionment.
Respectfully submitted,
C. W. (Bill) Young
Senator, 11th District
Pursuant to HCR 5-X(66), the members of the House
and Senate from Congressional District Number (9) met
on March 2nd and again on March 3rd.
The following were present: Senators Barber, Friday,
McCarty and Thomas; Representatives Randell of Lee,
Smoak of Charlotte, Spratt of Hendry, Peeples of Glades,
Walker of Collier, Markham of Okeechobee, Karst of
Indian River, Fee of St. Lucie, Owens of Martin, Roberts,
Bafalis, Reed and Daves of Palm Beach.
There were more in favor of 108 to 120 members of
the House as a choice and 48 to 60 members of the Senate,
although some would desire 96 members or 144 members
of the House.
All agreed they could support a 48-108 plan.
All agreed they preferred to run in subdistricts equally
divided as nearly as possible. Based on 48-108, all agreed
that Palm Beach County should have two (2) senators
and five (5) representatives; that Martin, St. Lucie, Indian
River and Okeechobee Counties should have one (1) senator
and two (2) representatives; and Lee, Charlotte, Collier,
Glades and Hendry Counties should have one (1) senator
and two (2) representatives.
Representative Frank Fee
Chairman from the House of
Representatives
Senator John M. McCarty
Chairman from the Senate
March 3, 1966
REPORT OF THE THIRD CONGRESSIONAL DIS-
TRICT CAUCUS PURSUANT TO HOUSE CONCURRENT
RESOLUTION 5X-'66.
The Senators and the Representatives from the Third
Congressional District met in caucus pursuant to House
Concurrent Resolution 5X-'66 and made the following
report as to tentative philosophy and attitudes concerning
the reapportionment of the Florida Legislature.
1. General Structure-The members are unanimously in
favor of the bicameral legislature with the plan utilizing
congressional districts as a basis for apportioning the
house and the senate.
2. Size of Legislature-House of Representatives. The
highest number of representatives that may be considered
is one hundred and twenty (120). An overwhelming ma-
jority would limit the size to not more than one hundred
and eight (108) and more members prefer the number
ninety-six (96).
Senate-The highest number that may be considered is
sixty (60) but with a majority favoring a senate of not
more than fifty (50) members.
The members were unanimous in considering to keep a two
to one ratio in the house and senate.

DISTRICTING OF HOUSE AND SENATE SEATS
WITHIN A CONGRESSIONAL DISTRICT.

1. Members were overwhelming opposed to districting
of house and senate seats within the Third Congressional
District which comprises only Duval County.

Jan. 19, 1967

Dear Sir:
Your Chairman reports the results of the First Con-
gressional District Caucus of a majority of the House
membership as follows:

E OF REPRESENTATIVES 69

Representative Stallings is of the basic philosophy that
districting is necessary to provide truly representative
government, but did not press the point since other members
were opposed to it.
2. The delegation was unanimous in an attitude of not
opposing the districting of multi county congressional
districts or establishing residency requirements for multi
county districts if the same is constitutional.
Respectfully submitted,
George Stallings, Jr., Chairman
of the House Delegation
John E. Mathews, Jr., Chairman
of the Senate Delegation
March 3, 1966
Honorable James E. Connor
President, Florida Senate
Capitol Building
My dear Mr. President:
Pursuant to the provisions of House Concurrent Reso-
lution 5X66, the members of the Senate residing in the
present first congressional district, that is, the senators
from the first, second, third, fifth, twenty-fifth and thirty-
ninth, met in caucus at 2:30 P.M. on Wednesday, March 2,
1966, and discussed generally the question of apportion-
ment as it related to the area encompassing the first con-
gressional district.
It was unanimously agreed that we oppose running at
large throughout the entire congressional district; that
we oppose any subdistricting for purposes of residential
requirements; that we unanimously agreed that we would
favor a composition of the Senate equitably distributing
four Senate seats to the counties comprising the first
congressional district; and we further unanimously agreed
to senatorial districts for purposes of election within the
congressional district; and we further unanimously agreed
to the actual districting plan that would allocate two sena-
torial districts to Escambia and Santa Rosa counties with-
out any residential requirement and one senatorial district
to be comprised of Okaloosa, Walton, and Holmes counties
and the remaining senatorial district to be comprised of
Washington, Bay, and Gulf counties.
It was the feeling of those assembled in our group that
the only practical value of working with congressional dis-
tricts as a vehicle of approach toward finding a solution
was that it served as a reason to bring together all of the
senators in each area to discuss a problem common to all.
It was further felt that if any plan is devised in which the
use of the present geographical congressional districts,
in whole or in part, the term "congressional districts"
should not be employed in drafting the legislation but rather
the term "legislative areas." This is recommended par-
ticularly in view of the fact that we are under court
order to adjust the present congressional districts in the
next regular session of the legislature and that it would
be wise not to tie any such plan to termology employing
the use of "congressional districts."
We had a very amicable meeting and an earnest desire
was expressed by every senator that each was desirous of
working out in good faith an equitable formula to achieve
fair reapportionment. The group is willing to continue to
meet as long as it takes in order to accomplish the task
assigned to this extraordinary session.
Respectfully submitted,
[Signed by the Senators]
Reubin O'D. Askew
Dempsey J. Barron
3 March 1966
Honorable E. C. Rowell
Speaker
House of Representatives
Re: Caucus Committee--First Congressional District

1. Total size of the House of Representatives-120 mem-
bers.
2. House plan:

House Population i
Groups Rep:
Escambia County
Santa Rosa and Okaloosa
Washington, Holmes and
Walton
Bay and Gulf

lumber of
resentatives
4
2

1
2

Average
Population
per Representative
43,000
46,000

36,000
38,000

Total 9'
Average population per representative 41,263
Maximum per representative 47,452
Minimum per representative 35,074
3. The representatives would live in and be elected at large
from each House population group.
4. The members voted against running at large within the
Congressional District.
5. The members also voted unanimously against reference
to Congressional Districts, as such, in the bill to im-
plement the apportionment plan.
Respectfully submitted,
GORDON W. WELLS
Report-6th District Caucus
To the Honorable James E. Connor, President of the Florida
Senate
To the Honorable E. C. Rowell, Speaker of the Florida
House of Representatives:
The unanimous vote of the members of the Senate and
the House of Representatives of the Sixth CQngressional
District Caucus was in favor of a 48 member Senate and
a 108 member House of Representatives; providing for 4
Senators and for 9 Representatives for the Sixth Con-
gressional District.
The unanimous vote of the members of the Senate and
House of the Sixth Congressional District was in opposition
to any sub-districting of either the Senate or the House
of Representatives within the Sixth Congressional District.
The unanimous expression of the Senate and House
members of the Sixth Congressional District was in the
spirit of compromise. a Senate of 60 members and
no more would be acceptable and a House the size of
120 members and no more would be acceptable.
Senator Tom Whitaker, Jr.,
Chairman, Senate Caucus
Representative Louis de la Parte,
Chairman, House Caucus
March 3, 1966
THE REPORT OF THE LEGISLATORS REPRESENTING
THE 7TH CONGRESSIONAL DISTRICT:
Mr. President and members of the Florida Senate
The representatives and senators who make up the 7th
congressional district have met and discussed various
plans of reapportionment. The senators representing the
counties of the 7th district are of the opinion that a
revised plan, based on population, similar to our most recent
58 senator plan, should receive careful study, staying
within a range not to exceed 60 senate members. The
senators further agreed that they are willing to continue
to discuss both population as well as congressional district-
ing plans.
The house members representing the 7th congressional dis-
trict are in the majority accord for a 120 member plan

Jan. 19, 1967

and have within the counties involved agreed upon a dis-
tribution of seats as follows:
Polk-4 house members
Sarasota-2 house members
Manatee-2 house members
Hardee-Highlands-DeSoto-1 house member
As chairman of the joint committees, I would like to
represent to the Senate a splendid exhibition by the entire
caucus as one of cooperation and sincere desire to accom-
plish a plan of reapportionment which would be fair as
possible and acceptable to the federal courts.
Respectfully submitted by the 7th
Congressional Caucus Chairman,
Ben Hill Griffin, Jr.
March 3, 1966
Honorable E. C. Rowell
Speaker, House of Representatives
The Capitol
Dear Mr Speaker:
Pursuant to the provisions of HCR 5X (66), a caucus
of the members of the Legislature of the Fifth Congres-
sional District met on March 2nd and again on March 3rd
prior to the convening of the legislative session for that
day.
The following were present:
Senator Dressler of the 37th District
Senator Johnson of the 19th District
Representative Land of Orange County
Representative Ducker of Orange County
Representative Elrod of Orange County
Representative Alligood of Orange County
Representative Pruitt of Brevard County
Representative Roundtree of Brevard County
Unanimous agreement was reached on legislative repre-
sentation within the Fifth Congressional District compris-
ing Orange and Brevard Counties.
The Committee was in unanimous agreement on a House
with a maximum of 108 members and a Senate of 48 mem-
bers; 5 members of the House to be from Orange County
and 3 members from Brevard County; 3 members of the
Senate to be from Orange County and one from Brevard;
House members and Senators to reside in and be elected
by the electors of the respective counties of Orange and
Brevard; districting limited to the county lines.
This would give a Senator for Orange for each 88,000
people, a Senator for Brevard for 111,435, well within the
variance limit permitted. In the House, each of the 5 House
members in Orange would represent 52,708 persons. In
Brevard each of the 3 House members would represent
37,145 persons. This is not within the variance limit per-
mitted. However, when the voting balance between the
Senate and the House is averaged, Brevard with its 2.25%
of the state population and having, therefore, ideally 4.5%
vote in 2 houses has an actual weighted vote in the 2
houses of 4.86%. Orange with 5.32% of the population of
the state and ideally 10.64% vote in the 2 houses has an
actual weighted vote between the 2 houses of 10.48%.
The combined weighted vote for both houses is well within
the variance permitted. (See Reynolds v. Sims, 1964, 84
S. Ct. 1362, 377 U.S. 533, 12 L. Ed. 2d 506)
Respectfully submitted,
HENRY W. LAND
State Representative
Orange County

REYNOLDS v. SIMS.

constituencies can be represented in the two houses. One
body could be composed of single-member districts while

70

JOURNAL OF THE HOUSE OF REPRESENTATIVES

the other could have at least some multimember districts.
The length of terms of the legislators in the separate
bodies could differ. The numerical size of the two bodies
could be made to differ, even significantly, and the geo-
graphical size of districts from which legislators are
elected could also be made to differ. And apportionment
in one house could be arranged so as to balance off minor
inequities in the representation of certain areas in the
other house. In summary, these and other factors could
be, and are presently in many States, utilized to engender
differing complexions and collective attitudes in the two
bodies of a state legislature, although both are appor-
tioned substantially on a population basis.

VI.
By holding that as a federal constitutional requisite
both houses of a state legislature must be apportioned
on a population basis, we mean that the Equal Protection
Clause requires that a State make an honest and good
faith effort to construct districts, in both houses of its
legislature, as nearly of equal population as is prac-
ticable. We realize that it is a practical impossibility to
arrange legislative districts so that each one has an iden-
tical number of residents, or citizens, or voters. Mathe-
matical exactness or precision is hardly a workable con-
stitutional requirement.6"
In Wesberry v. Sanders, supra, the Court stated that
congressional representation must be based on population
as nearly as is practicable. In implementing the basic
constitutional principle of representative government as
enunciated by the Court in Wesberry-equality of popu-
"7As stated by the Court in Bain Peanut Co. v. Pinson,
282 U.S. 499, 501, "We must remember that the machinery
of government would not work if it were not allowed a
little play in its joints."
March 3, 1966
The Honorable E. C. Rowell
Speaker of the House of Representatives
The Capitol
Dear Mr. Speaker:
Pursuant to the provisions of HCR 5X(66), a caucus
of the members of the House from the 5th Congressional
District together with Representative Griffin of Osceola
County of the 4th Congressional District met this morning
following the recess of the House.
Unanimous agreement of this group was reached as
follows:
That the maximum membership of the House shall be
limited to 118;
That a House Legislative Apportionment District shall
be comprised of the counties of Orange, Brevard and
Osceola;
That the aforesaid House Legislative Apportionment
District shall be allocated a total of 9 House members;
That the House Legislative Apportionment District shall
be divided into two (2) election districts-one (1) com-
prised of Brevard County and being allocated three (3)
House seats-the other election district to be comprised
of Orange and Osceola counties and allocated a total of
six (6) House seats;
That the members of the House shall be resident in and
be elected by the voters of the respective election districts.
Respectfully submitted,
HENRY W. LAND
State Representative
Orange County

Mr. Pettigrew moved the adoption of the amendment which
was adopted.
The Select Committee on Apportionment offered the follow-
ing amendment:

In the Title, Line 4, following the words "of the senate"
insert "and House of Representatives"

71

Mr. Pettigrew moved the adoption of the amendment which
was adopted.
Mr. Pettigrew moved the adoption of the concurrent resolu-
tion as amended.
The vote was:
Yeas-115

Mr. Speaker
Alligood
Alvarez
Andrews
Arnold
Ashler
Baker
Beck
Bell
Bird
Blalock
Brake
Brantley
Brasher
Briggs
Brower
Campbell
Chappell
Clark
Cleveland
Collins
Condon
Conway
Crabtree
Craig
Cramer
Crider
D'Alemberte
Danahy

De Young
Dubbin
Ducker
Eddy
Elmore
Featherstone
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Grange
Griffin, B.
Griffin, J. J., Jr.
Grizzle
Harris
Hartnett
Hector
Henderson
Hodes
Holloway
Humphrey
Inman
Karst
Kennelly

Klassen Robinson
Land Rowell
Lewis Rude
Mann Rust
Martinez Ryals
Matthews Sackett
Mattox Savage
McDonald, L. N. Scarborough
McDonald, T. S. Schultz
Middlemas Sessums
Miers Shaw
Mitchell Singleton
Murphy Smith, K.
Myers Smith, S. C.
Nichols Spicola
Ninos Stafford
Osborne Stallings
Papy Storey
Pettigrew Sweeny
Poorbaugh Tucker
Pratt Tyre
Prominski Walker
Pruitt Wells
Rainey Whitson
Randell Williams
Redman Wolfson
Reed Yancey
Reeves Yarborough
Renick

Nays-None
SCR 10-X(67) was adopted, as amended, and ordered immedi-
ately certified to the Senate, after engrossment.

Remarks by the Honorable John J. Crews, Jr.
(Mr. Crews addressed the House in Committee of the
Whole House on January 16. His remarks were ordered
spread upon the Journal.)

Mr. Chairman, I think one of the most important aspects
of truth in this case will be the testimony of the affiants
referred to by Representative Pettigrew and especially that
of the Honorable Ralph D. Turlington. I think the affidavits
should be forwarded, if approved by the Chief Counsel,
the Attorney General, but that testimony at the pre-trial
conference should be proffered on behalf of the House of
Representatives and in fact the Legislature.
Mr. Turlington, as mentioned, was requested by the
Speaker, Mr. Rowell, to come to Tallahassee some two
days early before the convening of the March extraordinary
session in 1966 to help organize the House and to devise
a plan whereby equitable and fair apportionment could
be accomplished by the Representatives of the people in-
stead of having it decreed by the special District Court.
Mr. Turlington and others conceived the idea for procedural
purposes only of meeting in Congressional Districts. This
had the obvious advantage of having people well acquainted
with the natural boundaries, with the population factors,
and with the grouping in the area working on the problem.
You would not have a person in Dade County working
on the problems in northwest Florida until the bill in
its entirety was going to be considered by the House of
Representatives. As his summary points out, this precluded
any pattern of conscious or unconscious, for that matter,
discrimination.

In Reynolds v. Sims, which you recall was the Alabama
decision, the Supreme Court of the United States said on
page 42 one body could be composed of single-member dis-
tricts, and the Court is talking here about a bicameral
legislature, and the other could have at least some multi-
member districts. The length of terms of the legislators
in the separate bodies could differ. The numerical size of
the two bodies could be made to differ, even significantly,

Jan. 19, 1967

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

and the geographical size-district from which legislators
are elected could also be made to differ. Apportionment in
one house could be arranged so as to balance off minor in-
equities in the representation in certain areas in the other
house.

The appellant in his brief filed in the Supreme Court
attempted to maintain that there was a pattern of dis-
crimination against urban areas. The facts are, and are
developed in the affidavits and exhibits attached to this
report, that in three urban counties both houses of the
legislature are slightly overrepresented. Those three are
Sarasota, Pinellas, and Volusia, but it was not because of
any intent to discriminate or to allocate more seats and
none is invidiously in variance, but it was because of the
necessity or advisability of maintaining the integrity of the
county lines.

Now when these several Congressional Districts caucused
after March 3, House Joint Resolution Number 5 was
adopted which approved this procedure. They were re-
quested to file written reports. It is good that we have a
number of those written reports filed by many of the
chairmen of those twelve committees. This results in our
having a good record which shows the intent of the Flor-
ida House of Representatives to fairly apportion, taking
into consideration those factors mentioned in Reynolds v.
Sims to be considered in arriving at a constitutional ap-
portionment plan.
One of the reports, for instance, is addressed to Mr.
E. C. Rowell and reports on the caucus of the Fourth Dis-
trict. You see, the chairman of the Select Apportionment
Committee was also chairman of the twelve subcommittees
composed of members from the twelve congressional dis-
tricts. He had, together with the members, to first determ-
ine what size the House of Representatives was going to
be and the Senate, because you would have to know that
since you could not have twelve committees working on a
plan and each, perhaps, having a different size within which
to allocate seats. He, in effect, told the several committees
after it was determined that the House would have 120
members or what less could be eliminated from that, and
these are the allocations to your district and you fairly ap-
portion them so as to accomplish constitutional apportion-
ment. That and other things are contained in his state-
ment and would be offered in evidence if he is permitted to
testify in the District Court.
As pointed out by Representative Pettigrew in the sum-
mary of the subcommittee, the variance in the congressional
districts of allocated seats is in only two districts more
than seven per cent, none is as high as eight per cent,
and in ten districts the variance is less than five per cent.
Mr. Land reported from his committee of the Fourth Dis-
trict that unanimous agreement was reached as follows:
The maximum membership of the House should be limited
to 118. A House legislative apportionment district shall
be comprised of the counties of Orange, Brevard, and
Osceola. This was the first thinking. You will notice that
Osceola is in a separate congressional district from Orange.
The aforesaid House legislative apportionment district shall
be allocated a total of nine House members, that the House
legislative apportionment district shall be divided into
two election districts, one comprised of Brevard and being
allocated three House seats and the other election district
be comprised of Orange and Osceola Counties and allocated
a total of six House seats. That the members of the House
shall be a resident in and be elected by the voters of the
respective election district.
I am not going to go into detail with these other
reports, but they all follow this line. Actually, there was
in the knowledge of the affiant that in these reports
there is near unanimity reached by all the members within
a congressional district.
This other fact is interesting to note speaking of these
percentages and offsets that there are six counties, six
of the most populous counties, which are overrepresented
in one House and underrepresented in another, out of the

top twelve. When those figures are compared there is
very little difference between the representation of the
people when considering both Houses of the Legislature
as the Court said in Reynolds v. Sims could be considered.

Jan. 19, 1967

I would like to have, I already have a number, an
affidavit from House members, particularly those who were
members of the Legislature when Chapter 66-1, Laws of
Florida, was enacted. I would like one if your district is
more than seven or eight per cent and especially if it
is more than ten per cent at variance. This affidavit should
point out your knowledge and your acquaintance with the
county's population, with surrounding counties, and what
would happen if you were joined to a larger county or
even a smaller county in order to merely get a more even
statistical result.
It seems to me that in some of the problem areas of this
State, for instance St. Johns and Flagler Counties, that
problem could be solved statistically by joining St. Johns,
Flagler, and Volusia with four representatives requiring
one to reside in the Flagler-St. Johns area. He would then
have to run in Volusia County. The same type of result
would be accomplished in the Manatee section which is some
fourteen per cent overrepresented in the House, but, if
it only had one Representative, it would be far under-
represented. Then you try to find a county or group of
counties to join with Manatee. When you look at the area
the first thing you find is, this information has been
furnished by Mr. Pratt and Mr. Gallen, that instead of as
Mr. Paul said, Manatee being a rural county it is in fact
rather urban. Ninety-five per cent of its population is con-
stricted to an area of about five per cent of the county-
that part along the coast and Braden River. The counties
to the east, DeSoto, Hardee, and Highlands, are agricultural
counties, principally citrus and cattle. The highways do
not run very well from an east-west standpoint so that the
people can communicate with their Representative, but you
could take these people in those three rural counties, join
them onto urban counties where the interest is prin-
cipally in tourism, development of sport facilities, fishing,
and industry. You would get a better statistic by having
three representatives in the four counties, but you would
get worse government. It is not good for the government
of the people. It is in fact invidiously discriminatory to
good government to require the representatives to run in
such a territory.
Hence, it was that the legislature thought that this
variance in Manatee County, especially after having been
advised by all the precedents, would be within the tolerence
and should remain an integral county represented by two
people. It was not then, you see, any intent to give them
more than their share. It made for good government. It
was not invidiously discriminatory.
I just want to again state that I would appreciate
having affidavits from as many of you as care to make
one and then with the staff of the Attorney General these
will be winnowed as to what extent they may be used,
and I think it may be of great benefit. I believe that it
can be shown that there was a rational attempt by the
Legislature in 1966 to apportion constitutionally and fairly
the people of the State of Florida.
On motion by Mr. Rowell, the House adjourned at 6:15 to
reconvene at 8 o'clock tonight.

EVENING SESSION
The House was called to order by Mr. Rowell at 8 o'clock.
The following Members were recorded present:

The Chair
Alligood
Alvarez
Andrews
Ashler
Baker
Beck
Bird
Blalock
Brake
Brantley
Brasher
Briggs
Brower
Campbell
Chappell
Clark

Collins
Condon
Conway
Crabtree
Craig
Cramer
Crider
D'Alemberte
Danahy
De Young
Dubbin
Ducker
Elmore
Featherstone
Fee
Firestone
Fleece

Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Grange
Griffin, B.
Griffin, J. J., Jr.
Grizzle
Harris
Hartnett
Hector
Henderson
Hodes
Holloway
Humphrey

Inman
Karst
Kennelly
Klassen
Land
Lewis
Mann
Martinez
Mattox
McDonald, L, N.
McDonald, T. S.
Middlemas
Miers
Mitchell
Murphy
Myers
Nichols

72

Jan. 19, 1967

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Ninos
Osborne
Papy
Pettigrew
Poorbaugh
Pratt
Prominski
Pruitt
Rainey
Randell

Redman
Reed
Reeves
Renick
Robinson
Rude
Rust
Ryals
Sackett
Savage

Scarborough
Schultz
Sessums
Shaw
Singleton
Smith, K.
Smith, S. C.
Spicola
Stafford
Stallings

Storey
Sweeny
Tucker
Tyre
Walker
Whitson
Williams
Wolfson
Yancey
Yarborough

Excused: Representative Bell

Also excused were Representatives Arnold, Wells, Cleveland,
Eddy and Matthews, House members of the Conference Com-
mittee.

A quorum was present.

The House stood in informal recess at 8:15 to reconvene
at the call of the Speaker.

House Reconvened
The House was called to order by the Speaker pro tempore
at 10:00 P.M.
A quorum was present.

Messages from the Senate

Honorable Ralph D. Turlington
Speaker, House of Representatives

January 19, 1967

I am directed to inform the House of Representatives that
the Senate has adopted-

HCR 9-X(67)

Respectfully,
EDWIN G. FRASER
Secretary of the Senate

Honorable Ralph D. Turlington
Speaker, House of Representatives

January 19, 1967

Sir:
I am directed to inform the House of Representatives that
the Senate has passed-
HB 10-X(67)
Respectfully,
EDWIN G. FRASER
Secretary of the Senate

HCR 9-X(67) and HB 10-X(67), contained in the above
messages, were ordered enrolled.

ENGROSSING REPORTS
January 19, 1967
Your Engrossing Clerk to whom was referred-
HCR 7-X(67)
-with amendments, reports the amendments have been in-
corporated and the bill is herewith returned.
IRMA LINN
Engrossing Clerk
-and the bill was ordered immediately certified to the Senate.
January 19, 1967
Your Engrossing Clerk to whom was referred-
SCR 10-X(67)
-with amendments, reports the amendments have been
examined and the bill is herewith returned.
IRMA LINN
Engrossing Clerk
-and the bill with amendments, was ordered immediately
certified to the Senate.

Adjournment
On motion by Mr. Rowell, the House adjourned at 10:05 P.M.
to reconvene at 9:30 A.M. tomorrow.

73

THE JOURNAL OF THE FLORIDA

House of Representatives

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

EXTRAORDINARY SESSION

FRIDAY, JANUARY 20, 1967

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

Mr. Speaker pro tempore
Alligood Dubbin
Alvarez Ducker
Andrews Eddy
Arnold Elmore
Ashler Featherstone
Baker Fee
Beck Firestone
Bell Fleece
Bird Fortune
Blalock Fulford
Brake Gallen
Brantley Gautier
Brasher Gillespie
Briggs Graham
Brower Grange
Campbell Griffin, B.
Chappell Griffin, J. J., Jr.
Clark Grizzle
Cleveland Harris
Collins Hartnett
Condon Hector
Conway Henderson
Crabtree Hodes
Craig Holloway
Cramer Humphrey
Crider Inman
D'Alemberte Karst
Danahy Kennelly
De Young Klassen

Land Robinson
Lewis Rowell
Mann Rude
Martinez Rust
Matthews Ryals
Mattox Sackett
McDonald, L. N. Savage
McDonald, T. S. Scarborough
Middlemas Schultz
Miers Sessunms
Mitchell Shaw
Murphy Singleton
Myers Smith, K.
Nichols Smith, S. C.
Ninos Spicola
Osborne Stafford
Papy Stallings
Pettigrew Storey
Poorbaugh Sweeny
Pratt Tucker
Prominski Turlington
Pruitt Tyre
Rainey Wells
Randell Whitson
Redman Williams
Reed Wolfson
Reedy Yancey
Reeves Yarborough
Renick

Excused: Representative Register
A quorum was present.
Prayer by The Honorable Leon N. McDonald, Sr.:
Dear Heavenly Father, as we approach Thy throne of
grace and mercy this morning; dear Lord, as it looks as if
it will be the last day of this special session, Father, we
pray that the work that has been accomplished here was in
accordance with Your will. Father, as we send this message
from this Capitol Building to the men that will be looking
at it in the future, we pray dear Heavenly Father, that
Your will will be done in their deliberations. Dear Father,
we are grateful for You, we are grateful, Lord, that
when we do error against Thy law, we can come to Thee
and ask forgiveness for our sins. We pray dear Heavenly
Father, for our colleagues here, that we will leave here
today, Lord, all loving one another as you have loved us.
Thank you for the privilege of prayer this morning. We
pray, dear Lord, that you will go with us throughout this
day. As we journey homeward, Lord, ride with us and
guide us in this journey. Forgive us, Lord, of our sins
now, for we ask it all in Christ's name. Amen.

The Journal
The Journal of January 19 was ordered corrected and, as
corrected, approved.

Recess
On motion by Mr. Rowell, the House stood in informal re-
cess at 9:40 A.M. to reconvene at the call of the Speaker.

House Reconvened
The House was called to order by the Speaker at 11:07 A.M.
A quorum was present.

Messages from the Senate

Honorable Ralph D. Turlington
Speaker, House of Representatives

January 20, 1967

Sir:
I am directed to inform the House of Representatives that
the Senate has concurred in House Amendments to SCR
10-X(67).
Respectfully,
EDWIN G. FRASER
Secretary of the Senate

Honorable Ralph D. Turlington
Speaker, House of Representatives

January 20, 1967

Sir:
I am directed to inform the House of Representatives that
the Senate has adopted-
By Senators Barrow and Hollahan-
SCR 12-X(67)-Senate concurrent resolution requesting all
parties and their legal counsel to take effective action for a
speedy final determination of the reapportionment litigation in-
volving the Florida legislature and to establish the constitu-
tionality of the legislature of Florida.
WHEREAS, the constitutionality of the legislature of the
state of Florida has been a question involved in litigation since
1962 in both federal and state courts, and
WHEREAS, on numerous occasions the orderly transaction
of business necessary for the stability of government and the
welfare of the people of Florida has been interrupted, damaged
and harmed by uncertainty and changing conditions involving
the legality of said legislature, and
WHEREAS, in 1963, the composition of the legislature was
changed immediately before the regular session of said legisla-
ture, and
WHEREAS, the reapportionment plan proposed by the 1965
legislature was invalidated by the Supreme Court of the United
States in February, 1966, after candidates for said office had
qualified, and
WHEREAS, members of the legislature elected in the general
election in 1966 and their opponents had reported expenditures
to the Secretary of State in their respective campaigns for
office in excess of $2,350,000.00, and
WHEREAS, the Supreme Court of the United States in an
opinion and order entered on January 9, 1967, reversed the
order of the United States District Court in and for the south-
ern district of Florida which had upheld the constitutionality
of the legislature as elected in the January election of 1966, and
WHEREAS, the district court in and for the southern district
of Florida has scheduled a pre-trial conference for January
25, 1967, at the courthouse in Dade County, and

74

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FRIDAY, JANUARY 20, 1967~~

JOURNAL OF THE HOUSE

WHEREAS, the legislature as now constituted has organized
and is functioning through standing committees and the mem-
bers thereof have held numerous hearings on local legislation,
it is essential to the preservation of local government in the
various counties and municipalities of the state of Florida, and
WHEREAS, budget hearings have already been held with
reference to the 1967-69 budget for the state of Florida, and
WHEREAS, the governor of the state of Florida has, on
numerous occasions expressed the need for a valid legislature
to consider the important question of the revision of Florida's
constitution, and
WHEREAS, it is important for all the citizens of Florida
that the matters in controversy be resolved at the earliest
possible moment; NOW, THEREFORE,
Be It Rcsolved by the Senate, the House Concurring:
1. That the parties to the lawsuit of Swann v. Adams, et al.
and their respective counsel and each member of the legislature
take every possible step to arrive at a final determination of
all pending questions and to establish the validity and con-
stitutionality of the legislature of the state of Florida so that
it may serve the needs of the people.
2. That a copy of this resolution be furnished to each party
and their respective counsel and forwarded to the clerk of the
district in and for the southern district of Florida.
3. That the President of the Senate and the Speaker of the
House be authorized and directed to take such steps as are
necessary to accomplish the purposes set forth above.
-and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
SCR 12-X (67), contained in the above message, was read
the first time in full.
On motions by Mr. Sweeny, the rules were waived by two-
thirds vote, and SCR 12-X (67) was read the second time by
title and adopted.
The vote was:
Yeas-103

Alligood
Alvarez
Andrews
Arnold
Ashler
Baker
Beck
Bird
Blalock
Brake
Brantley
Brasher
Briggs
Brower
Campbell
Chappell
Clark
Cleveland
Collins
Condon
Conway
Crabtree
Craig
Cramer
Crider
D'Alemberte
Nays-None

Danahy
De Young
Dubbin
Ducker
Eddy
Elmore
Featherstone
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Grange
Griffin, B.
Griffin, J. J., Jr.
Grizzle
Harris
Hector
Henderson
Hodes
Holloway
Humphrey
Inman

Karst Renick
Klassen Rowell
Land Rude
Lewis Rust
Mann Savage
Matthews Scarborough
Mattox Schultz
McDonald, L. N. Sessums
McDonald, T. S. Shaw
Middlemas Singleton
Miers Smith, K.
Mitchell Smith, S. C.
Murphy Stafford
Ninos Stallings
Osborne Storey
Papy Sweeny
Pettigrew Tucker
Poorbaugh Tyre
Pratt Walker
Prominski Wells
Pruitt Whitson
Randell Williams
Redman Wolfson
Reed Yancey
Reedy Yarborough
Reeves

SCR 12-X (67) was ordered immediately certified to the
Senate.
January 20, 1967
Honorable Ralph D. Turlington
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that

Jan. 20, 1967

Mr. Speaker
Alligood
Alvarez
Andrews
Arnold
Ashler
Baker
Beck
Bird
Blalock
Brake
Brantley
Brasher
Briggs
Brower
Campbell
Chappell
Clark
Cleveland
Collins
Condon
Conway
Crabtree
Craig
Cramer
Crider
D'Alemberte
Danahy
De Young
Dubbin

pro tempore
Ducker
Eddy
Elmore
Featherstone
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Grange
Griffin, B.
Griffin, J. J., Jr.
Grizzle
Harris
Hartnett
Hector
Henderson
Holloway
Humphrey
Inman
Karst
Kennelly
Klassen
Land
Lewis

Mann Rude
Martinez Rust
Matthews Ryals
Mattox Sackett
McDonald, L. N. Savage
McDonald, T. S. Scarborough
Middlemas Schultz
Miers Sessums
Mitchell Shaw
Murphy Singleton
Myers Smith, K.
Nichols Smith, S. C.
Ninos Spicola
Osborne Stafford
Papy Stallings
Pettigrew Storey
Poorbaugh Sweeny
Pratt Tucker
Prominski Turlington
Pruitt Tyre
Rainey Wells
Randell Whitson
Redman Williams
Reed Wolfson
Reedy Yancey
Reeves Yarborough
Renick
Robinson
Rowell

A quorum was present.
Continuation of Messages from the Senate
January 20, 1967
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 Committee on Apportionment, Resolutions and Me-
morials-
CS for SB 8-X(67)-A bill to be entitled An act amending
chapter 66-1, laws of Florida; providing for the apportion-
ment of the senate and the house of representatives of the
legislature of the state of Florida; prescribing terms of office
of membership of both houses; providing for continuation in
office by members until the general election in November 1968;
providing for elections; providing effective dates.

E OF REPRESENTATIVES 75

the Senate has passed by the required three-fourths vote of all
members elected to the Senate-
By Senator Mathews-
SJR 13-X(67)-A joint resolution proposing an amendment
to article VII of the constitution of Florida by amending the
same to provide for the legislature of the state of Florida to
consist of a senate and a house of representatives of a minimum
and maximum size; providing for census.
-and requests the concurrence of the House therein.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
SJR 13-X (67), contained in the above message, was read
the first time in full and referred to the Select Committee
on Apportionment.

THE SPEAKER PRO TEMPORE IN THE CHAIR

Adjournment
On motion by Mr. Rowell, the House adjourned at 11:51 A.M.
to reconvene at 1:00 P.M. today.

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

76 JOURNAL OF THE HOU

which Conference Committee Report reads as follows:
January 19, 1967
The Honorable Verle A. Pope
President of the Senate
The Honorable Ralph D. Turlington
Speaker of the House of Representatives
Sirs:
Your Conference Committee on the disagreeing votes of the
two houses on the House amendments to CS for SB 8-X(67)
same being:
An act amending chapter 66-1, laws of Florida; providing
for the apportionment of the senate and the house of
representatives of the legislature of the state of Florida;
prescribing terms of office of membership of both houses;
providing for continuation in office by members until the
general election in November 1968; providing for elec-
tions; providing effective dates.
having met and after full and free conference have agreed to
recommend and do recommend to the respective houses as
follows:
1. That the Senate and the House accept the clarifying
grammatical changes and the additions to the whereas clauses
as set forth in the conference committee amendments in this
report.
2. That the Senate and the House of Representatives
adopt the conference committee amendments which pertain to
Section 1, subsection 2, respecting the senatorial districts num-
bered Fifth, Sixth, Eighth and Twenty-Fifth so that each of
said districts shall be comprised of the following counties:
Alachua, Baker, Bradford, Calhoun, Clay, Columbia, Dixie,
Franklin, Gadsden, Gilchrist, Hamilton, Gulf, Jefferson,
Lafayette, Leon, Levy, Liberty, Madison, Nassau, Putnam,
Suwannee, Taylor, Union and Wakulla.
3. That the Senate concur in House amendment no. 1 with
the grammatical corrections made therein as set forth in the
conference committee amendment set forth in this report and
recede from its amendments thereto.
4. That the House of Representatives recede from House
amendments no. 2 and 3.
5. That the Senate and the House of Representatives adopt
the conference committee amendments providing for a new
Section 7 and renumbering Section 7 to read Section 8 and
the addition of a new section numbered 9.
6. That the Senate and House of Representatives adopt
the conference committee amendment to CS for SB 8-X(67)
which reads as follows:
Conference Committee Amendment 1.
Strike all after the enacting clause and insert in lieu thereof:
Section 1. Chapter 66-1, laws of Florida, is amended to
read as follows:
Section 1. (1) The representation of the people of the
state in the legislature shall continue as now constituted until
the general election to be held in November, 1968. Thereafter,
the representation in the Florida legislature shall be as set
forth in this law.
(2) The representation in the senate of the Florida legis-
lature shall consist of 48 members representing districts and
shall be apportioned as follows:
First District-Escambia and Santa Rosa counties.
Second District-Escambia and Santa Rosa counties.
Third District-Okaloosa, Walton, Washington and Holmes
counties.
Fourth District-Bay and Jackson counties.

Fifth District-Alachua, Baker, Bradford, Calhoun, Clay,
Columbia, Dixie, Franklin, Gadsden, Gilchrist, Gulf, Hamilton,
Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Nassau,
Putnam, Suwannee, Taylor, Union and Wakulla counties.
Sixth District-Alachua, Baker, Bradford, Calhoun, Clay,
Columbia, Dixie, Franklin, Gadsden, Gilchrist, Gulf, Hamil-

Im

Fortieth District-Dade and Monroe counties.
Forty-First District-Citrus, Flagler, Hernando, Lake,
Marion, Pasco, St. Johns, Seminole, Sumter and Volusia
counties.

SE OF REPRESENTATIVES Jan. 20, 1967

ton, Jefferson, Lafayette, Leon, Levy, Liberty, Madison,
Nassau, Putnam, Suwannee, Taylor, Union and Wakulla
counties.
Seventh District-Polk county.
Eighth District-Alachua, Baker, Bradford, Calhoun, Clay,
Columbia, Dixie, Franklin, Gadsden, Gilchrist, Gulf, Hamilton,
Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Nassau,
Putnam, Suwannee, Taylor, Union and Wakulla counties.
Ninth District-Duval county.
Tenth District-Duval county.
Eleventh District-Pinellas county.
Twelfth District-Brevard, Indian River, Martin, Okeecho-
bee and St. Lucie counties; provided that the senator from
the twelfth district shall be a resident and a qualified elector
of a county within the district other than Brevard.
Thirteenth District-Dade and Monroe counties.
Fourteenth District-Citrus, Flagler, Hernando, Lake,
Marion, Pasco, St. Johns, Seminole, Sumter and Volusia
counties.
Fifteenth District Citrus, Flagler, Hernando, Lake,
Marion, Pasco, St. Johns, Seminole, Sumter and Volusia
counties.
Sixteenth District-Citrus, Flagler, Hernando, Lake, Marion,
Pasco, St. Johns, Seminole, Sumter and Volusia counties.
Seventeenth District-Dade and Monroe counties.
Eighteenth District-Duval county.
Nineteenth District-Orange and Osceola counties.
Twentieth District-Orange and Osceola counties.
Twenty-First District-Hillsborough county.
Twenty-Second District-Hillsborough county.
Twenty-Third District-Hillsborough county.
Twenty-Fourth District-Charlotte, Collier, Glades, Hendry
and Lee counties.
Twenty-Fifth District--Alachua, Baker, Bradford, Cal-
houn, Clay, Columbia, Dixie, Franklin, Gadsden, Gilchrist,
Gulf, Hamilton, Jefferson, Lafayette, Leon, Levy, Liberty,
Madison, Nassau, Putnam, Suwannee, Taylor, Union and
Wakulla counties.
Twenty-Sixth District-Polk county.
Twenty-Seventh District-DeSoto, Hardee, Highlands, Man-
atee and Sarasota counties.
Twenty-Eighth District-DeSoto, Hardee, Highlands, Mana-
tee and Sarasota counties.
Twenty-Ninth District-Pinellas county.
Thirtieth District-Broward county.
Thirty-First District-Duval county.
Thirty-Second District-Pinellas county.
Thirty-Third District-Palm Beach county.
Thirty-Fourth District-Hillsborough county.
Thirty-Fifth District-Palm Beach county.
Thirty-Sixth District-Orange and Osceola counties.
Thirty-Seventh District-Brevard, Indian River, Martin,
Okeechobee and St. Lucie counties; provided that the senator
from the thirty-seventh district shall be a resident and quali-
fied elector of Brevard county.
Thirty-Eighth District-Pinellas county.
Thirty-Ninth District-Broward county.

JOURNAL OF THE HOUSE

Forty-Second District-Dade and Monroe counties. The sen-
ator from the forty-second district shall be a resident and
qualified elector of Monroe county or a qualified elector of
Dade county and a resident for a period of not less than six
(6) months prior to qualifying for nomination and election
for this office of that part of Dade county which consists of
precincts numbered 203, 205, 206, 207, 208, 209, 210, 235, 236,
237, 238, 320, 321, 322, 323, 324, 325, and 326, as they existed
and were on file in the office of the secretary of state as of
March 2, 1966, and any changes in the precinct boundaries,
after March 2, 1966, shall not affect the senatorial district
herein created, unless approved by the legislature in a sub-
sequent reapportionment plan.
Forty-Third District-Dade and Monroe counties.
Forty-Fourth District-Dade and Monroe counties.
Forty-Fifth District-Dade and Monroe counties.
Forty-Sixth District-Dade and Monroe counties.
Firty-Seventh District-Dade and Monroe counties.
Forty-Eighth District-Broward county.
(3) (a) The senatorial offices provided for by Section 1
of this act and designated by even numbered senatorial dis-
tricts numbered the second, tenth, eighteenth, twenty-second,
twenty-fourth, twenty-sixth, twenty-eighth, thirtieth, thirty-
second, thirty-fourth, thirty-eighth, fortieth, forty-second,
forty-fourth, forty-sixth and forty-eighth, which are identical
in geographic territory with the same numbered districts as
they existed at the general election in 1966 shall be filled until
the general election of 1970 by the senators elected at the
general election in 1966 and thereafter for four (4) year
terms.
(b) The senatorial offices provided for by Section 1 of
this act and designated by odd numbered senatorial districts
numbered the first, seventh, ninth, eleventh, thirteenth,
seventeenth, twenty-first, twenty-third, twenty-seventh,
twenty-ninth, thirty-first, thirty-third, thirty-fifth, thirty-
ninth, forty-third, forty-fifth and forty-seventh districts,
which are identical in geographic territory with the same
numbered districts as they existed at the general election in
1966 shall be filled at the general election of 1968 for a four
(4) year term and thereafter for four (4) year terms.
(4) (a) The senatorial offices provided for by Section 1
of this act and designated by odd numbered senatorial dis-
tricts numbered the fifteenth and forty-first districts which are
identical in geographic territory with the same numbered dis-
tricts as they existed at the general election in 1966, with the
exception of the absence of Osceola county, shall be filled at the
general election of 1968 for a four (4) year term and there-
after for four (4) year terms, inasmuch as the results either
of the primary or general elections in Osceola county would
not have changed the district election results.
(b) The senatorial offices provided for by Section 1 of
this act and designated by odd numbered senatorial districts
numbered the third, fifth, nineteenth, twenty-fifth and thirty-
seventh districts, which are not identical in geographic ter-
ritory with the same numbered districts as they existed at
the general election in 1966, shall be filled at the general
election of 1968 for a four (4) year term and thereafter for
four (4) year terms.
(c) The senatorial offices provided for by Section 1 of
this act and designated by even numbered senatorial districts
numbered the fourth, sixth, eighth, twelfth, twentieth and
thirty-sixth districts, which are not identical in geographic
territory with the same numbered districts as they existed
at the general election in 1966, shall be filled at the general
election of 1968 for a two (2) year term and thereafter for
four (4) year terms.
(d) The senatorial offices provided for by Section 1 of
this act and designated by senatorial districts numbered the
fourteenth and sixteenth districts, which are identical in geo-
graphic territory with the same numbered districts as they
existed at the time of the general election in 1966, with the
exception of the absence of Osceola county, shall be filled

until the general election of 1970 by the senators elected in
the general election of 1966 and thereafter for four (4) year
terms, inasmuch as the results either of the primary or gen-
eral elections in Osceola county would not have changed the
district election results,

Jan. 20, 1967

(d) In the multi-county district of Indian River, St. Lucie,
Okeechobee and Martin counties, one (1) representative shall
be a resident of either St. Lucie or Okeechobee county, and
one (1) representative shall be a resident of either Indian
River or Martin county.

;E OF REPRESENTATIVES 77

(e) All senators, except as herein provided, and except
when vacancies are to be filled for unexpired terms, shall be
elected for four (4) year terms.
Section 2. A candidate for the office of senator shall have
been a resident and a qualified elector of the district from
which he qualifies for a period of at least six (6) months
prior to qualifying for nomination and election to the office,
unless otherwise provided herein.
Section 3. (1) The House of Representatives of the state
of Florida shall consist of 120 Representatives apportioned
among the counties as follows:
Alachua, Gilchrist, Putnam, Levy, Clay and Bradford 4
Baker, Columbia, Nassau, Union, Hamilton,
Suwannee and Lafayette 2
Bay and Gulf 2
Brevard 3
Broward 8
Calhoun and Jackson 1
Collier, Glades, Hendry and Lee 2
Citrus, Hernando, Marion and Sumter 2
Dade 22
DeSoto, Hardee, Highlands and Manatee 3
Dixie, Jefferson, Taylor and Madison 1
Duval 11
Escambia 4
Franklin, Leon and Wakulla 2
Gadsden and Liberty 1
Hillsborough 9
Holmes, Walton and Washington 1
Okaloosa and Santa Rosa 2
Indian River, Martin, St. Lucie and Okeechobee 2
Lake and Seminole 3
Monroe 1
Orange and Osceola 7
Palm Beach 6
Pasco and Pinellas 10
Polk 5
Sarasota and Charlotte 2
Volusia, St. Johns and Flagler 4
(2) Members of the house shall be qualified electors of
and reside in and be elected at large from the county or
multi-county districts for which they are chosen unless other-
wise provided herein.
(a) In the multi-county district of Alachua, Bradford,
Clay, Gilchrist, Levy and Putnam counties, two (2) repre-
sentatives shall be residents of Alachua county and two
(2) representatives shall be residents of a county or counties
other than Alachua county.
(b) In the multi-county district of Collier, Glades, Hendry
and Lee counties, one (1) representative shall be a resident
of Lee county and one (1) representative shall be a resident
of a county other than Lee county.
(c) In the multi-county district of DeSoto, Hardee, High-
lands and Manatee counties, at least one (1) representative
shall be a resident of either DeSoto, Hardee or Highlands
county, and at least one (1) representative shall be a resi-
dent of Manatee county.

78 JOURNAL OF THE HOU

(e) In the multi-county district of Lake and Seminole
counties, one (1) representative shall be a resident of Lake
county and one (1) representative shall be a resident of
Seminole county and the remaining representative may be
a resident of either county.
(f) In the multi-county district of Pasco and Pinellas
counties, nine (9) representatives shall be residents of Pinel-
las county and one (1) representative shall be a resident of
Pasco county.
(g) In the multi-county district of Flagler, St. Johns and
Volusia counties, three (3) representatives shall be residents
of Volusia county, and one (1) representative shall be a resi-
dent of either of the other two counties.
Section 4. Members of the house of representatives shall
be elected for two (2) year terms.
Section 5. The provisions of this act are severable and if
any word, sentence, paragraph, sub-section or section of this
act shall for any reason be held void or unconstitutional by a
court of competent jurisdiction the decision of the court shall
not affect or impair the validity of any remaining words, sen-
tences, paragraphs, sub-sections or sections of this act.
Section 6. Candidates for offices provided for herein which
require said offices to be filled at the general election in No-
vember 1968, shall be nominated as otherwise provided by
law.
Section 7. In the event special elections are required by
order of any court of competent jurisdiction involving this act,
the elections shall be held pursuant to the provisions of sec-
tions 100.101 and 100.111, Florida statutes and other pro-
visions of the Florida election code.
Section 8. (1) For the purpose of conducting the elections
in 1968 as provided herein this act shall take effect January
1, 1968.
(2) For the purpose of amending chapter 66-1, laws of
Florida, as it pertains to the apportionment of the legislature
this act shall take effect on the Tuesday after the first Mon-
day in November 1968.
Section 9. The provisions of section 7 of this act shall
take effect immediately upon becoming a law.
7. That the Senate and House of Representatives adopt the
Conference Committee Amendment which reads as follows:
Conference Committee Amendment 2.
Strike all before the enacting clause and insert in lieu
thereof:
A bill to be entitled
An act amending chapter 66-1, laws of Florida; providing
for the apportionment of the senate and the house of rep-
resentatives of the legislature of the state of Florida; pre-
scribing terms of office of membership of both houses; pro-
viding for continuation in office by members until the general
election in November 1968; providing for elections; providing
effective dates.
WHEREAS, 50 percent of the senate as now constituted was
elected by 48.61 percent of the people of Florida and 50.43 per-
cent of the present house of representatives was elected by
50.43 percent of the citizens of Florida, assuring that the citi-
zens of Florida are democratically and fairly represented in the
legislature, and
WHEREAS, at the general election of November 1966 the
people of Florida who elected this legislature overwhelmingly
approved an amendment to the state constitution which required
an organizational session of this legislature on November 15,
1966, to begin the work for which it was elected; and
WHEREAS, this legislature has organized and its regular
standing committees have held meetings, prepared and dis-
cussed legislation to be enacted at the regular session of the
legislature in 1967, and

WHEREAS, special legislative committees have been or-
ganized and working including the Florida tax reform com-
mission which has made its preliminary report requiring im-
mediate action on the part of the finance and tax committees

I

WHEREAS, the districts herein constituted are free from
any taint of arbitrariness and discrimination and the sole pur-
pose and objective of this Act is to provide apportionment of
representation in the legislature of the state of Florida in ac-
cordance with constitutional standards; and

SE OF REPRESENTATIVES Jan. 20, 1967

of the senate and house of representatives and the special ad
valorem tax committees of both houses; and
WHEREAS, 71.59 per cent of the laws considered and en-
acted by the last regular session of the legislature is of a local
nature pertaining exclusively to specific counties, municipali-
ties and other units of local government; and
WHEREAS, senators and members of the house of repre-
sentatives acting as legislative delegations for areas encom-
passing these local units of government have held or are in
the process of holding throughout the state of Florida public
hearings on legislation affecting said areas as is essential to
the orderly consideration and preparation of local legislation
for introduction in the regular session; and
WHEREAS, this legislature has met in special session com-
mencing on January 9, 1967, and has held hearings pertaining
to almost every aspect of state government, including much
needed constitutional revision; and
WHEREAS, Chapter 66-1, Laws of Florida, under which the
present legislature of Florida is constituted, was enacted by the
predecessor legislature in the special session of March 1966
and at that time complied with all enunciated guidelines and
standards then known to that legislature and to the United
States District Court for the southern district of Florida, and
WHEREAS, each succeeding legislature, since the United
States Supreme Court in the landmark case of Baker v. Carr,
has sub-tantially improved the formula of the state of Florida,
complying with such guidelines as enunciated from time to
time by the courts; and
WHEREAS, this reapportioned legislature has reaffirmed the
policy of the state of Florida to provide for an equitable ap-
portionment of the legislature based on one man one vote with
preservation of the integrity of political subdivisions and de-
parture from mathematical exactitude between legislative dis-
tricts only where there was a compelling justifiable reason, and
WHEREAS, on January 9, 1967, the Supreme Court of the
United Statrs enunciated additional standards to be met and
called for explanation and justification for departure from
mathematical exactitude, and
WHEREAS, the peculiar geography of the state of Florida
and its political subdivisions, the rapidly changing and grow-
ing population at fluctuating rates within different political
subdivisions and different areas of the state, and the impact
of continuing unequaled growth projected in the future have
been complicating factors in all apportionment attempts in
Florida and were carefully considered by the 1966 legislature
in the preparation of Chapter 66-1, Laws of Florida, and
WHEREAS, the legislature in its deliberations has examined
and given careful consideration to the opinion of the Supreme
Court of the United States, entered on January 9, 1967, the
order of the District Court for the southern district of Florida,
entered on January 11, 1967, and has carefully considered all
of the plans presented to the District Court for the southern
district of Florida, as well as the numerous plans suggested
and presented to previous legislatures, and
WHEREAS, in an attempt to eliminate any political con-
sideration from the efforts of the legislature to comply with
the directives and orders of the court, this legislature has
utilized the latest scientific computer device, operated by
highly trained personnel located at the Florida State Univer-
sity, and has had verified mathematically its judgment as to
the fairness of the legislative plan for apportionment and its
compliance with one man one vote principles as enunciated by
the court, and
WHEREAS, it is essential to the proper and orderly ad-
ministration of state and local government that boundary lines
of districts for representation in the legislature conform to
county boundary lines; and
WHEREAS, the percentage variations between the districts
herein constituted arise from recognition of natural and his-
torical boundaries and are necessary to preserve the integrity
of political divisions and insure compactness and contiguity of
the districts; and

JOURNAL OF THE HOUSE OF REPRESENTATIVES

WHEREAS, in order to diminish to the fullest extent pos-
sible any variations between any individual districts which
remain in the present apportionment plan, to justify any ap-
parent disparities, and to take into fullest account all events
which have transpired since the enactment of Chapter 66-1,
Laws of Florida; NOW, THEREFORE,

John E. Mathews
Wilbur Boyd
Reubin O' D. Askew
Tom Whitaker, Jr.
Tom Slade
Conferees on the part of the
Senate

Lynwood Arnold
Gordon W. Wells
Mack N. Cleveland, Jr.
Carey Matthews
James R. Eddy
Conferees on the part of the
House of Representatives

And has passed CS for SB 8-X(67), as amended by the Con-
ference Committee Report.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
On motion by Mr. Arnold, the House agreed to now take up
and consider the Report of the Conference Committee on
CS for SB 8-X(67), as set out in the foregoing message.
On motion by Mr. Arnold, the Conference Committee Report
on CS for SB 8-X(67) was accepted and adopted in its entirety
by the House and the House receded from House Amendments
2 and 3.
The vote was:

Yeas- 88

Mr. Speaker pro tempore
Alligood De Young
Alvarez Dubbin
Arnold Ducker
Ashler Eddy
Baker Elmore
Bird Featherstone
Blalock Firestone
Brake Fortune
Brantley Fulford
Briggs Gallen
Brower Gautier
Chappell Gillespie
Clark Graham
Cleveland Grange
Collins Griffin, B.
Condon Griffin, J. J., Jr.
Conway Harris
Craig Hartnett
Cramer Hector
Crider Holloway
D'Alemberte Humphrey
Danahy Karst
Nays-25

Andrews
Beck
Brasher
Campbell
Crabtree
Fee
Fleece

Kennelly
Land
Lewis
Mann
Martinez
Matthews
Mattox
McDonald, T.
Miers
Nichols
Ninos
Papy
Pettigrew
Poorbaugh
Pratt
Prominski
Pruitt
Randell
Redman
Reed
Reeves
Renick

Grizzle Murphy
Henderson Myers
Inman Osborne
Klassen Rainey
McDonald, L. N. Robinson
Middlemas Savage
Mitchell Shaw

Rowell
Rude
Rust
Ryals
Sackett
Scarborough
Schultz
S. Sessums
Singleton
Smith, K.
Smith, S. C.
Spicola
Stallings
Storey
Sweeny
Tucker
Turlington
Wells
Wolfson
Yancey
Yarborough

Stafford
Tyre
Whitson
Williams

On motions by Mr. Arnold, Conference Committee Amend-
ments 1 and 2 to CS for SB 8-X(67), as set out in the fore-
going message, were adopted.

The question recurred on the passage of CS for SB 8-X(67),
as amended by the Conference Committee Amendments, which
passed, as amended. The vote was:
Yeas--91

Mr. Speaker
Alligood
Alvarez
Arnold
Ashler
Baker

pro tempore
Bell
Bird
Blalock
Brake
Brantley

Briggs
Brower
Chappell
Clark
Cleveland

Collins
Condon
Conway
Craig
Cramer

Crider
D'Alemberte
Danahy
De Young
Dubbin
Ducker
Eddy
Elmore
Featherstone
Fee
Firestone
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Grange

Griffin, B. Nichols
Griffin, J. J., Jr. Nines
Harris Papy
Hartnett Pettigrew
Hector Poorbaugh
Holloway Pratt
Humphrey Prominski
Karst Pruitt
Kennelly Randell
Land Redman
Lewis Reed
Mann Reedy
Martinez Reeves
Matthews Renick
Mattox Rowell
McDonald, T. S. Rude
Miers Rust
Myers Ryals

79

Sackett
Scarborough
Schultz
Sessums
Singleton
Smith, K.
Spicola
Stallings
Storey
Sweeny
Tucker
Turlington
Wells
Wolfson
Yancey
Yarborough

Nays-24
Andrews Grizzle Mitchell Shaw
Beck Henderson Murphy Smith, S. C.
Brasher Inman Osborne Stafford
Campbell Klassen Rainey Tyre
Crabtree McDonald, L. N. Robinson Whitson
Fleece Middlemas Savage Williams
The action of the House, together with CS for SB 8-X(67)
and Conference Committee Amendments thereto, was ordered
certified to the Senate.

EXPLANATIONS OF VOTE
CS for SB 8-X (67) presents the legislature with the
issue of whether it is going to discharge its legislative re-
sponsibility of meeting the Federal District Court's direc-
tive to the state of Florida to present an alternative ap-
portionment plan in the event the Court should find there
is no legal justification for the continuance of the 1966
apportionment established under HB 17-X (66). Although
we have concluded that on this issue there can be none
other than an affirmative response, and for this reason
we have voted for final passage of CS for SB 8-X (67),
we wish to express our serious reservations and concern
with the following features of the bill:
(1) The enlargement of the size of the House to 120
members; we feel the interests of Florida would be better
served by a smaller House and Senate thereby providing a
more efficient, more responsive, and less expensive legisla-
ture;
(2) A smaller House and Senate would perhaps provide
the opportunity to achieve lower percentage deviations
from the one-man-one-vote pure population standard es-
tablished by the Supreme Court; and
(3) By making the decision to expand the size of the
House, rather than reapportion within traditional or cur-
rent numbers, this legislature has willed to its successor in
1971 the necessity for another abrasive reapportionment
session, when the 1970 census will require wholesale re-
alignment.
KENNETH M. MYERS
D. ROBERT GRAHAM
Representatives from Dade County
I have given my entire support to the House Re-ap-
portionment Plan. But I think that Committee substitute
for CS for SB 8-X (67) does harm to Gulf County.
Presently Gulf and Bay are in the 1st Congressional
District with a Senatorial District comprised of Gulf, Bay
and Washington Counties. This Bill removes Jackson from
the 2nd Congressional District and joins it with Bay County
to form the 4th Senatorial District. Gulf County is joined
to the large 24-county District composed of all of the
counties of the 2nd Congressional District except Jackson.
For these reasons, I voted NO on final passage of this
Bill.
JOHN ROBERT MIDDLEMAS
Representative from Bay and
Gulf Counties

Jan. 20, 1967

Although I concurred in the House plan, I feel that CS
for SB 8-X (67) does grave injustice to the people of
Gulf and Bay Counties. Presently Gulf and Bay are in
the 1st Congressional District with a Senatorial District
comprised of Gulf, Bay and Washington Counties. This
Bill removes Jackson from the 2nd Congressional District
and joins it with Bay County to form the 4th Senatorial
District. Gulf County is joined to the large 24-county
District composed of all of the counties of the 2nd Con-
gressional District except Jackson.
For these reasons, I voted NO on final passage of this
Bill.
BEN C. WILLIAMS
Representative from Bay
and Gulf Counties
On motion by Mr. Rowell, the rules were waived by two-
thirds vote and the House reverted to the order of-

Introduction and Reference

By Representative Rowell-
HCR 11-X(67)-A concurrent resolution recessing the Florida
legislature until 11:00 A.M., Thursday, January 26, 1967, sub-
ject to recall into session by the speaker of the house of repre-
sentatives and the president of the senate; suspending payment
of per diem during such recess.
Be It Resolved by the House of Representatives of the State
of Florida, the Senate Concurring:
That the house of representatives and the senate shall stand
in informal recess until 11:00 A. M., Thursday, January 26,
1967, subject to recall into session by the speaker of the
house of representatives and the president of the senate.
BE IT FURTHER RESOLVED that during such informal
recess all payments of per diem shall be suspended.
-was read the first time in full.
On motion by Mr. Rowell, the rules were waived by two-
thirds vote and HCR 11-X (67), was read the second time by
title.
Mr. Rowell moved the adoption of the concurrent resolution.
The vote was:
Yeas-108

Mr. Speaker
Alligood
Alvarez
Andrews
Arnold
Ashler
Baker
Beck
Blalock
Brake
Brantley
Brasher
Briggs
Brower
Campbell
Chappell
Clark
Cleveland
Collins
Condon
Conway
Crabtree
Craig
Cramer
Crider
D'Alemberte
Danahy
Dubbin
Nays-2

pro tempore
Ducker Mann Rowell
Eddy Martinez Rude
Elmore Matthews Rust
Featherstone Mattox Sackett
Fee McDonald, L. N. Savage
Firestone McDonald, T. S. Scarborough
Fleece Middlemas Schultz
Fortune Miers Sessums
Fulford Mitchell Shaw
Gallen Murphy Singleton
Gautier Myers Smith, K.
Gillespie Nichols Smith, S. C.
Graham Ninos Spicola
Grange Osborne Stafford
Griffin, B. Papy Stallings
Griffin, J. J., Jr. Pettigrew Storey
Harris Poorbaugh Sweeny
Hartnett Pratt Tucker
Hector Prominski Turlington
Henderson Pruitt Tyre
Holloway Rainey Wells
Humphrey Randell Williams
Inman Redman Wolfson
Karst Reedy Yancey
Kennelly Reeves Yarborough
Land Renick
Lewis Robinson

De Young Reed

Jan. 20, 1967

HCR 11-X(67) was adopted and ordered immediately certi-
fied to the Senate.

Recess
On motion by Mr. Rowell, the House stood in informal recess
at 1:38 P.M. to reconvene at the call of the Speaker.

House Reconvened
The House was called to order by the Speaker pro tempore
at 4:05 P.M.
A quorum was present.

Message from the Senate

Honorable Ralph D. Turlington
Speaker, House of Representatives

January 20, 1967

Sir:
I am directed to inform the House of Representatives that
the Senate has adopted-
By Representative Rowell-
HCR 11-X (67)-A concurrent resolution recessing the Flor-
ida legislature until 11:00 A. M., Thursday, January 26, 1967,
subject to recall into session by the speaker of the house of
representatives and the president of the senate; suspending
payment of per diem during such recess.
Respectfully,
EDWIN G. FRASER
Secretary of the Senate
HCR 11-X(67), contained in the above message, was ordered
enrolled.

Enrolling Report
Your Enrolling Clerk to whom was referred-
HCR 9-X(67)
HB 10-X(67)
HCR 11-X(67)
-reports same have been enrolled, signed by the required
Constitutional officers and presented to the Governor on Jan-
uary 20, 1967.
ALLEN MORRIS, Clerk

Report of Select Committee on Apportionment

The Select Committee on Apportionment recommends the
following pass with amendment:
SJR 13-X(67)-A joint resolution proposing an amendment
to article VII of the constitution of Florida by amending the
same to provide for the legislature of the state of Florida to
consist of a senate and a house of representatives of a minimum
and maximum size; providing for census.
Be It Resolved by the Legislature of the State of Florida:
That Article VII of the constitution of Florida be amended
as set forth below and that said amendment be submitted to
the electors of Florida for ratification or rejection at a special
election to be held under authority of section 3 of article XVII
of the constitution of Florida on November 7, 1967; that three-
fourths (4's) of the members of the legislature does determine
that an emergency exists requiring an early decision by the
electors of this state:
Section 1. Composition.-The legislative power of the state

80

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSI

shall be vested in a legislature of the state of Florida, con-
sisting 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. Terms and qualifications of legislators.-
(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.

(b) Representatives. Members of the house of rpresenta-
tives 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 and an elector and resident of the district
from which elected.
(d) Assuming office-vacancies. Members of the legislature
shall take office upon election. Vacancies in legislative office
shall be filled only by election as provided by law.
Section 3. Legislative apportionment.-
Senatorial and representative districts. The legislature at
its regular session in the second year following each decennial
census, by joint resolution, shall apportion the state in ac-
cordance with the constitution of the state and of the United
States into not less than forty nor more than fifty consec-
utively 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, overlapping or
identical territory. Should that session adjourn without adopting
such joint resolution, the governor by proclamation shall re-
convene the legislature within thirty days in special appor-
tionment 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.
Section 4. The legislature shall no longer be required to
provide for an enumeration of the inhabitants of the state.
The last preceding decennial federal census, beginning with
the federal census of 1960, shall also be the state census and
shall control in all population acts and constitutional ap-
portionments unless otherwise ordered by the legislature.
which amendment reads as follows:

Jan. 19, 1967

REGISTRATIONS UNDER HOUSE RULE THIRTEEN

FROM JANUARY 16 THROUGH 5:00 P.M., JANUARY 20

Name and Address Entity Represented and Address Duration of Particular Legislation Involved
Representation

Clark, C. L., St. Joe Paper Company,
1224 Crestview Avenue P. 0. Box 191, Any and all legislation pertaining to St.
Tallahassee, Florida -------- Tallahassee, Florida ------ Session _----------- Joe Paper Co.
Florida State Association of
Mitchell, Richard 0., County Tax Collectors, Constitutional Revision of the State of
P. 0. Box 806, P. O. Box 806, Florida and other matters concerning
Tallahassee, Florida -------- Tallahassee, Florida -------Continuous -------- taxation
Mortimer, George L.,
107 West Gaines, Department of Motor Vehicles, All legislation pertaining to Department
Tallahassee, Florida -------- Tallahassee, Florida _---- -------- of Motor Vehicles
Woodard, Glen P., Winn-Dixie Stories, Inc.,
P. O. Box B, P. O. Box B,
Jacksonville ---------- Jacksonville, Florida ------ Full-time ---------- All matters affecting retailing

LOBBY REGISTRATION WITHDRAWN

Green, R. A.,
3003 Oakhill Street,
Lake City, Florida

E OF REPRESENTATIVES 81

In Section 1, Strike sections 1, 2, 3, and 4 and insert the
following in lieu thereof: Section 2. Composition of Legisla-
ture. The Senate shall be composed of one senator elected from
each senatorial district and the House of Representatives shall
be composed of one member elected from each representative
district.
Section 3. Apportionment of representation in Senate and
House of Representatives. The apportionment of representation
in the Senate and House of Representatives shall be as follows:
(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 irn even-numbered years the numbers of
which are not multiples of four.
(b) Representatives. Members of the house of representa-
tives shall be elected for terms of two years in each even-
numbered year.
(c) Senatorial and representative districts. The legisla-
ture 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 more than fifty consecutively numbered
senatorial districts of either contiguous, overlapping or identical
territory, and into not more than one hundred twenty con-
secutively numbered representative districts of either con-
tiguous, overlapping or identical 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 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.
Section 5. State census. The legislature shall no longer be
required to provide for an enumeration of the inhabitants of
the state. The last preceding decennial federal census, beginning
with the federal census of 1960, shall also be the state census
and shall control in all population acts and constitutional ap-
portionments unless otherwise ordered by the legislature.
The bill was placed on the Calendar.

Adjournment
The Speaker pro tempore declared the House in recess at
5:05 P.M. to reconvene at 11:00 A.M., January 26, 1967, pur-
suant to the provisions of HCR 11-X (67).

THE JOURNAL OF THE FLORIDA

House of Representatives

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

INTERIM JOURNAL

MONDAY, JANUARY 23, 1967

Publication of this Interim Journal was directed by Rules 3.2, 6.5 (b), and 7.15 (b), as adopted on Janu-
ary 19, 1967. These Rules relate to profiled bills and notice of committee hearings. This issue appears in
printed form because of the number of accumulated profiled bills. Future issues, as authorized by 6.5 (b),
may be produced by other means, but the serial page numbering shall remain the same so you will have
the opportunity to determine whether your file is complete.

PREFILED MEASURES
[with Speaker's assignment to committee where
this has been authorized and done]

House Bills and Joint Resolutions
By Representative Myers-
HB 1-A bill to be entitled An act relating to taxes on
gasoline and like products; amending section 208.44(3), (12),
Florida Statutes, changing the distribution formula for seventh
(7th) cent tax; providing an effective date.

-was assigned by the Speaker to the Committee on Public
Roads & Highways for study.
By Representative Myers-
HB 2-A bill to be entitled An act to be known as the
"uniform deceptive trade practices act"; prohibiting certain
acts as deceptive trade practices; providing a penalty for will-
ful violation; providing for injunctive relief and other equit-
able and legal remedies; providing an effective date.
-was assigned by the Speaker to the Committee on Com-
merce for study.
HB 3-Withdrawn.
By Representative Arnold-
HJR 4-A joint resolution proposing an amendment to sec-
tion 7 of article X of the State Constitution to provide com-
plete exemption from taxation of the homestead of any person
aged sixty-five (65) or older.
-was assigned by the Speaker to the Committee on Ju-
diciary A for study.
By Representative Baker-
HB 5-A bill to be entitled An act relating to relocation
payments; authorizing the making of relocation payments to
certain persons in connection with federal aid highway projects
pursuant to rules and regulations adopted by the state road
board; providing an effective date.
-was assigned by the Speaker to the Committee on Public
Roads & Highways for study.
By Representative Bell-
HB 6-A bill to be entitled An act relating to sweepstake
races; providing for sale of sweepstake race tickets; providing
for state racing commission to administer this act; providing
for appropriation; providing for licensees; providing for rules
and regulations; providing for purses and prizes for winning
tickets; providing for use of funds; providing when said act
shall take effect.
-was assigned by the Speaker to the Committee on Ju-
diciary A for study.
By Representative Ashler-
HB 7-A bill to be entitled An act relating to free motor

vehicle license plates; amending subsection (3) and adding
subsection (4) to section 320.081, Florida Statutes, to provide
free license plates to disabled veterans; providing an effective
date.
-was assigned by the Speaker to the Committees on Fi-
nance & Taxation and Motor Vehicles & Carriers for study.
By Representative Ashler--
SHB 8-A bill to be entitled An act relating to driver's license
fees; amending section 322.21, Florida Statutes, by adding sub-
section (6) to exempt certain disabled veterans from said fees;
providing an effective date.
was assigned by the Speaker to the Committees on Fi-
nance & Taxation and Motor Vehicles & Carriers for study.
By Representiatives Reedy and Craig-
HB 9-A bill to be entitled An act to amend chapter 155,
Florida Statutes, relating to county hospitals by amending
section 155.22, Florida Statutes, to define operation of ambu-
lance service as public purpose within authority of county hos-
pitals.
-ws asassigned by the Speaker to the Committee on Local
Government for study.
By Representative Reedy-
HB 10-A bill to be entitled An act amending chapter 125,
Florida Statutes, relating to powers, duties, and compensation
of county commissioners by adding section 125.441, Florida
Statutes, declaring the operation and maintenance of ambu-
lance service to be a county purpose; authorizing the use of
county funds to carry out such purpose; authorizing the several
boards of county commissioners to enter into agreements with
other governmental agencies or other agencies or entities within
the county for the operation and maintenance of ambulance
service and make payment therefore with county funds; author-
izing the making of a charge; providing an effective date.
-was assigned by the Speaker to the Committee on Local
Government for study.
By Representative Reedy-
HB 11-A bill to be entitled An act relating to regulation of
traffic on highways; amending subsection (1) of section 317.453,
Florida Statutes, relating to vehicles stopping at all railroad
crossings; removing the requirement referring to any vehicle
with three or more axles; providing an effective date.
-was assigned by the Speaker to the Committee on Public
Safety for study.
By Representatives Reedy and Craig-
HB 12-A bill to be entitled An act amending chapter 167,
Florida Statutes, relating to general powers of municipalities
by adding section 167.651, Florida Statutes, declaring the opera-
tion and maintenance of ambulance service to be a municipal
purpose; authorizing the use of municipal funds to carry out
such purpose; authorizing governing bodies of municipalities to

82

enter into agreements with other agencies for the operation and
maintenance of ambulance service and make payment there-
for with municipal funds; authorizing the making of a charge;
providing an effective date.
-was assigned by the Speaker to the Committee on Local
Government for study.
By Representative Lewis-
HB 13-A bill to be entitled An act relating to the opening
and closing of polls, amending section 100.011, Florida Statutes,
to extend the closing hour of the polls.
-was assigned by the Speaker to the Committee on Elec-
tions for study.
By Representative Crabtree-
HB 14-A bill to be entitled An act requiring the county
judge to appoint a guardian of the estate of a mentally compe-
tent person who is physically incapable of managing his prop-
erty and who voluntarily petitions for such appointment.
-was assigned by the Speaker to the Committee on Ju-
diciary C for study.
By Representative Crabtree-
HB 15-A bill to be entitled An act relating to the can-
vassing of absentees' ballots; amending section 101.141, Florida
Statutes, by adding subsection (8), and amending section
101.151, Florida Statutes, by adding subsection (9); authoriz-
ing use of data processing cards to facilitate the canvassing
of absentees' ballots upon approval by the secretary of state;
providing an effective date.
-was assigned by the Speaker to the Committee on Elec-
tions for study.
By Representative Crabtree-
HB 16-A bill to be entitled An act relating to the terms of
office of county commissioners and members of the county
school boards; amending section 100.041(2) and (3), Florida
Statutes, providing that the terms of office of county commis-
sioners and county school board members shall begin on the
Tuesday following the general election; providing an effective
date.
-was assigned by the Speaker to the Committee on Local
Government for study.
By Representative Myers-
HB 17-A bill to be entitled An act relating to evidence;
amending the uniform business records as evidence act, section
92.36(2), Florida Statutes, to provide that records kept by
means of electronic data processing be admissible as evidence.
-was assigned by the Speaker to the Committee on Ju-
diciary C for study.
By Representatives Baker, Myers, Dubbin, Pettigrew, Feather-
stone, Sackett, Mann and Grizzle-
HB 18-A bill to be entitled An act relating to abandon-
ment or discard of iceboxes, refrigerators or deep-freeze lock-
ers; amending sections 823.07-823.09, Florida Statutes, making
it unlawful for any person to abandon or discard certain ice-
boxes, refrigerators or deep-freeze lockers without removing
the doors or to permit the same to remain on premises under
his control; providing exceptions; declaring the same to be an
attractive nuisance; making a person violating section 823.07,
Florida Statutes, guilty of a misdemeanor, or in the event
death results, manslaughter; providing punishment.
-was assigned by the Speaker to the Committee on Public
Safety for study.
HB 19-Not released for assignment.
By Representatives Redman and Brake-
HB 20-A bill to be entitled An act to exempt the state of

83

Florida from the daylight saving time provisions of the federal
"Uniform Time Act Of 1966" and to provide that Florida
shall remain on standard time; providing an effective date.
-was assigned by the Speaker to the Committee on Com-
merce for study.
By Representatives D'Alemberte, Hector, Lewis, Harris and
Firestone-
HB 21-A bill to be entitled An act relating to game or sport;
repealing section 855.05, Florida Statutes, which provides a
penalty for engaging in game or sport on Sunday.
-was assigned by the Speaker to the Committee on Ju-
diciary D for study.
By Representatives Myers, Baker and Pettigrew-
HB 22-A bill to be entitled An act relating to hospitaliza-
tion of the mentally ill; providing definitions; providing
criminal penalties for wrongfully causing hospitalization; pro-
tecting good faith actions; extending voluntary procedures to
facilities other than state hospitals; providing emergency and
non-emergency procedures for involuntary hospitalization of the
mentally ill in facilities other than the state hospitals; pro-
viding for release of involuntary patients and protection of
rights of patients; providing for payment of care for patients;
and providing an effective date.
-was assigned by the Speaker to the Committee on Mental
Health for study.
By Representatives Baker, Myers, Dubbin and Firestone-
HB 23-A bill to be entitled An act relating to the child
molester act; amending and revising chapter 801, Florida
Statutes, defining certain general terms; authorizing estab-
lishment of the Florida research and treatment center; pro-
viding for transfers thereto; redefining offense under said
chapter to include therein all listed acts committed in the
presence of persons fourteen (14) years of age or under; re-
quiring presentence examination by court appointed psychia-
trists of person convicted of an offense punishable under this
chapter; prescribing the powers and duties of trial judge after
conviction and examination; providing term of maximum sen-
tence; authorizing and providing for voluntary commitment;
prescribing the powers and duties of the division of corrections
and the board of commissioners of state institutions in carry-
ing out the provisions of the chapter; providing for advisory
and reviewing boards and their powers and duties; providing
for return of committed persons to the court and the powers
and duties of the trial court in respect thereto; providing for
suspension of judgment and probation; authorizing psychiatric
examination of persons charged and of complaining witness
upon petition by defendant; providing for costs and the assess-
ment and recovery thereof; making it unlawful to publish the
name of unmarried persons under sixteen (16) years of age
connected with sex offenses; limiting the attendance at court
when any person under sixteen (16) years of age is testifying
concerning a sex offense; and providing an effective date.
-was assigned by the Speaker to the Committee on Ju-
diciary B for study.

House Resolutions, Concurrent Resolutions & Memorials
By Representative Myers-
HCR 3-A concurrent resolution ratifying the proposed
amendment to the Constitution of the United States relating
to succession to Presidency and Vice Presidency; disability
of President.

-was assigned by the Speaker to the Committee on Ju-
diciary A for study.

NOTICE OF COMMITTEE HEARINGS

[as these have been reported, under
Rule 6.5 (b), to the Office of the Clerk]

Jan. 23, 1967

JOURNAL OF THE HOUSE OF REPRESENTATIVES

84

DATE
January 26
Thursday
9 A.M.
January 28
Saturday
2:30 P.M.

February 2 & 3
Thursday & Friday
February 3
Friday
10 A.M.
February 10
Friday
9:30 A.M.
February 11
Saturday
9:30 A.M.

February 17, 18 & 19
Friday, Saturday &
Sunday
9 A.M.
February 17
Friday
10 A.M.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

COMMITTEE
House Committees on Tallahassee
State Institutions and Senate Roor
Mental Health
Subcommittee-Operation Tallahassee
Analysis of Committee on Florida Stat
State Governmental Organization
& Efficiency
Ad Valorem Taxation Tampa

Legislative Interim Committee Tampa-Sta
on Juvenile Delinquency Building, 80(

Legislative Interim Committee Miami-Stat
on Juvenile Delinquency 1350 N. W.

Joint Meeting of House Committee on Miami-Stat
Mental Health and Senate Committee on Building, 13
Mental Health. Avenue
Legislative Council's full Committee on
Mental Health & Retardation
Game & Fresh Water Fish Workshop with Homosassa
Game & Fresh Water Fish Commission

Legislative Interim Committee on
Juvenile Delinquency

Jan. 23, 1967

PLACE

n 12

;e University

te Office
0 Twiggs Ave.

;e Office Bldg.
12th Avenue

;e Office
50 N.W. 12th

Lodge

Jacksonville
Duval County Courthouse
330 East Bay Street

THE JOURNAL OF THE FLORIDA

House of Representatives

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

THURSDAY, JANUARY 26, 1967

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

De Young
Ducker
Eddy
Elmore
Featherstone
Fee
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Grange
Griffin, B.
Grizzle
Harris
Hartnett
Hector
Henderson
Hodes
Holloway
Humphrey
Inman
Karst
Kennelly

Klassen Renick
Land Robinson
Lewis Rowell
Mann Rude
Martinez Rust
McDonald, L. N. Ryals
McDonald, T. S. Sackett
Middlemas Savage
Miers Scarborough
Mitchell Schultz
Murphy Sessums
Myers Shaw
Nichols Singleton
Ninos Smith, K.
Osborne Spicola
Papy Stafford
Pettigrew Stallings
Poorbaugh Sweeny
Pratt Tucker
Prominski Turlington
Pruitt Tyre
Rainey Walker
Randell Whitson
Redman Williams
Reed Wolfson
Reeves Yancey
Register Yarborough

Excused: Representatives Cleveland, Dubbin, J. J. Griffin,
Matthews, Mattox, Reedy, S. C. Smith, Storey and Wells.
A quorum was present.
Prayer by The Honorable Robert C. De Young:
Our Father, God, we do thank Thee for a safe return
to the halls of government for the State of Florida. As we
prepare ourselves for the day, help us to be as we read
in Luke 2:52, "And Jesus increased in wisdom and stature,
and in favour with God and man." Thou who art the Lord

of our minds and hearts, Guide of the Universe, Creator
and Preserver of our faith and nation, preside within this
House in our deliberations, make Thy presence felt first,
that wise reasoning may follow. Save with Thy divine
guidance, the acts of this House and its Members for direct
good influence upon the well-being of this sovereign State
and great nation in which we live; that with Thy help,
the Constitution may be saved and upheld and safe, sane
government by the congress and the Supreme Court may
prevail with equity and justice for all Thy people. We ask
it in Thy most precious name. Amen.

The Journal
The Journal of January 20 was ordered corrected and, as
corrected, approved.

Communications from the Governor
The Governor advised that he had filed in the office of the
Secretary of State the following:
CS for HB 5-X(67), signed on January 20
HB 10-X(67), signed on January 24
HCR 3-X(67), filed on January 23
HCR 9-X(67), filed on January 24
At 11:05, Mr. Williams gave the required 30 minutes oral
notice of his intention to request unanimous consent to intro-
duce a concurrent resolution.

Recess
On motion by Mr. Rowell, the House stood in informal recess
at 11:13 A.M. to reconvene at the call of the Speaker.

PREFILED MEASURES
[with Speaker's assignment to committee where
this has been authorized and done]

House Bills and Joint Resolutions
By Representative Karst-
HB 24-A bill to be entitled An act to exempt the state of
Florida from the daylight saving time provisions of the federal
"Uniform Time Act of 1966" and to provide that Florida shall
remain on standard time; providing an effective date.
-was assigned by the Speaker to the Committee on Com-
merce for study.
By Representatives Brower, Alligood, Alvarez, Andrews,
Baker, Brake, Clark, Cleveland, Crider, D'Alemberte, Dubbin,
Featherstone, Firestone, Fulford, Gautier, Gillespie, Graham,
Grange, Grizzle, Harris, Hartnett, Hector, Holloway, Karst,
Klassen, Lewis, Matthews, Mattox, Myers, Nichols, Papy, Petti-
grew, Poorbaugh, Pratt, Pruitt, Reedy, Reeves, Renick, Rust,

Sackett, Scarborough, Sessums, Singleton, K. Smith, Spicola,
Stafford, Storey, Tucker, Wolfson, Yancey, and Yarborough-
HB 25-A bill to be entitled An act designating and naming
a certain highway in Dade County as Interama Boulevard;
providing an effective date.
-was assigned by the Speaker to the Committee on Public
Roads and Highways for study.
By Representatives Brantley, Alvarez, Andrews, Arnold,
Ashler, Baker, Beck, Bird, Blalock, Brasher, Campbell, Clark,
Collins, Condon, Conway, Crabtree, Craig, Crider, D'Alemberte,
Danahy, Eddy, Fee, Firestone, Fortune, Gallen, Gautier, Gilles-
pie, Grange, Hector, Henderson, Inman, Karst, Kennelly, Klas-
sen, Land, Martinez, Matthews, T. S. McDonald, Middlemas,
Miers, Mitchell, Nichols, Ninos, Papy, Pratt, Pruitt, Randell,
Redman, Reed, Reeves, Renick, Rust, Scarborough, Schultz, Ses-

85

Mr. Speaker
Alligood
Alvarez
Andrews
Arnold
Ashler
Baker
Beck
Bell
Bird
Blalock
Brake
Brantley
Brasher
Briggs
Campbell
Chappell
Clark
Collins
Condon
Conway
Crabtree
Craig
Cramer
Crider
D'Alemberte
Danahy

-4

86 JOURNAL OF THE HOU

sums, K. Smith, Spicola, Stallings, Swveeny, Tucker, Wells,
Williams, Wolfson, and Yarborough--
HB 26-A bill to be entitled An act relating to all elected
and appointed municipal officials; amending chapter 166, Florida
Statutes, by adding section 166.16, providing for their suspen-
sion from office during their indictment by a grand jury on
account of their official conduct; providing for reinstatement
with back pay upon being cleared of charges in the indictment;
providing for removal from office if found guilty of the charges;
providing an effective date.
-was assigned by the Speaker to the Committee on Judiciary
A for study.

By Repreient.ative Baker-
HB 27--A bill to be entitled An act. relating to criminal sexual
psychopaths; amending section 917.12, Florida Statutes; rede-
fining the term; providing for commitment of persons determ-
ined to be sexual psychopaths to division of corrections; provid-
ing for director of division to perform duties presently dele-

S

E OF REPRESENTATIVES Jan. 26, 1967

gated to superintendent of institution of commitment; providing
for the availability and confidentiality of records; providing for
compensation of psychiatrists; providing for payment of such
compensation and other costs by the county where trial is
held; providing for payment by state of costs for care of
defendant while in state institution; providing for recovery of
costs from property of defendant; providing for transfer from
corrections division to division of mental health of persons
determined to be psychotic; providing an effective date.
-was assigned by the Speaker to the Committee on Mental
Health for study.
By Representative Arnold-
HB 28-A bill to be entitled An act relating to bribery;
amending section 838.071, Florida Statutes, making present sec-
tion into subsection (1) and adding subsection (2) providing
for additional penalty.
-was assigned by the Speaker to the Committee on Judiciary
A for study.

THE JOURNAL OF THE FLORIDA

House of Representatives

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

Saturday, January 28, 1967

The hour of 12:00 Midnight of the twentieth day of the Extra-
ordinary Session having arrived, with no recall into session
by the Speaker, the Extraordinary Session automatically ex-
pired.

REGISTRATIONS UNDER HOUSE RULE THIRTEEN
FROM JANUARY 23 THROUGH 5:00 P.M. JANUARY 27

Name and Address Entity Represented Duration of Particular Legislation
and Address Representation Involved

Jensen, Chris L.
111 North Gadsden Street Florida Petroleum Council
Tallahassee -----.--------.--_-I.. 111- Il North Gadsden St.
Tallahassee .---........---_- ----.......-_ Continuous --------------. Any involving petroleum
industry

CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered
1 through 87, inclusive, are and constitute a complete, true
and correct journal and record of the proceedings of the House
of Representatives of the State of Florida at the Extraordinary
Session of the Forty-first Legislature under the Constitution
of 1885, held from January 9 through January 28, 1967.
Tallahassee, Florida
February 15, 1967

Clerk

87

-- ----

THE JOURNAL OF THE FLORIDA

House of Representatives

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

Wednesday, February 1, 1967

Publication of this Interim Journal is directed by Rules 3.2, 6.5 (b), and 7.15 (b), as adopted on Janu-
ary 19, 1967. These Rules relate to profiled bills and notice of committee hearings. This issue appears in
printed form. Future issues, as authorized by 6.5 (b), may be produced by other means, but the serial page
numbering shall remain the same so you will have the opportunity to determine whether your file is complete.

PREFILED MEASURES
[with Speaker's assignment to committee where
this has been authorized and done]

HOUSE BILLS AND JOINT RESOLUTIONS
By Representative Yarborough-
HB 29-A bill to be entitled An act relating to boards of
county commissioners, zoning and building regulations; au-
thorizing all boards of county commissioners to adopt zoning
and building regulations in the unincorporated areas within
their respective counties; authorizing boards of county commis-
sioners to divide said territory into districts or zones, and to
regulate and restrict the uses of lands, water, buildings and
other structures for trade, industry, residence or other pur-
poses; authorizing the adoption, change and enforcement of
codes; providing for the method of procedure and appointment
of a zoning board and prescribing its powers and duties; au-
thorizing appointment of a board of adjustment and prescribing
its powers and duties, and of administrative officials and their
powers and duties; providing for appeals; authorizing fees to
be charged; authorizing expenditures to carry out the provisions
of this act; prescribing procedures of enforcing the rules,

orders and regulations adopted under authority of this act; pre-
scribing penalties for the violation of this act or any related
code; providing an effective date.
-was assigned by the Speaker to the Committee on Local
Government for study.
By Representative Walker-
HB 30-A bill to be entitled An act relating to school in-
structional personnel; amending sections 236.07(3)(a),(c) and
236.02(6)(a)1.,2., Florida Statutes, increasing the salaries of
certain instructional personnel pursuant to the minimum founda-
tion program; fixing a minimum salary of five thousand dollars
($5,000.00) for Rank III; providing an effective date.
-was assigned by the Speaker to the Committee on Public
School Education for study.
By Representative Karst-
HB 31-A bill to be entitled An act relating to the district
courts of appeal, judges; amending section 35.06, Florida
Statutes, providing for additional judges for the fourth (4th)
district; providing an effective date.
-was assigned by the Speaker to the Committee on Judiciary
C for study.

NOTICE OF COMMITTEE HEARINGS
[as these have been reported, under Rule 6.5 (b),
to the Office of the Clerk]

COMMITTEE

Legislative Interim Committee on Juvenile Delinquency

Pari-mutuel Affairs Organization meeting

Legislative Council's Sub-Committee on State Institutions-
Joint Meeting with State Tuberculosis Board (to study
the feasibility of abolishment of T.B. Board)

PLACE

Tampa-State Office Building
800 Twiggs Ave.

Bal Harbour Hotel
Bal Harbour (Miami Beach)

Tallahassee
Carlton Bldg., Room 421

88

DATE

February 3
Friday
10 A.M.
February 3
Friday
2 P.M.
February 4
Saturday
10 A.M.

-- L -- ___
--- -- cl- I I-. I I,- ,I I __

Feb. 1, 1967

DATE
February 5
Sunday
10 A.M.

February 9
Thursday
9:30 A.M.

February 10
Friday
9:30 A.M.
February 10
Friday
9:30 A.M.
February 10
Friday
2 P.M.
February 11
Saturday
9:30 A.M.

February 16
Thursday
9 A.M.

February 16-17
Thursday &
Friday
10 A.M.
February 17, 18 & 19
Friday, Saturday &
Sunday
9 A.M.

February 17
Friday
10 A.M.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

COMMITTEE (Continued)
Public Health & Welfare
Joint House and Senate Sub-Committees:
Group I-Joint County & State Health & Welfare,
Reorganization, Financing and Cooperation
Group II-Medicare, Medicade, Nursing Homes, Homes
for Aged, Retirement Hotels, Retirement, etc.
Group IV-Boards and Commissions
Public Safety
Joint Meeting of House and Senate with Legislative
Council's Committee on Insurance & Traffic Safety
(Traffic Safety)
Legislative Council's Committee on Insurance & Traffic Safety
(Insurance)

Legislative Interim Committee on Juvenile Delinquency

Mental Health
Joint Meeting with Legislative Council's Sub-Committee
on Child Molester & Criminal Sexual Psychopaths
Joint Meeting of House Committee on Mental Health and Senate
Committee on Mental Health.
Legislative Council's full Committee on Mental Health &
Retardation
Sub-Committee on Color Photographic Driver's Licenses of
the House Committee on Public Safety with
Legislative Council's Committee on Insurance & Traffic
Safety (Demonstration of color photographic equipment)
Legislative Council (Final reports and proposed legislation
of committees of the Legislative Council)

Game & Fresh Water Fish Workshop with
Game & Fresh Water Fish Commission

Legislative Interim Committee on Juvenile Delinquency

89

PLACE
Tampa
International Inn

Tallahassee
The Capitol, Senate Room 31

Tallahassee
The Capitol, Senate Room 31

Miami-State Office Building
1350 N.W. 12th Avenue

Miami-State Office Building
1350 N.W. 12th Avenue

Miami-State Office Building
1350 N.W. 12th Avenue

Tallahassee-The Capitol
Senate Room 12

Tallahassee-The Capitol
House Room 307

Homosassa Lodge

Jacksonville
Duval County Courthouse
330 East Bay Street

THE JOURNAL OF THE FLORIDA

House of Representhatives

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

TUESDAY, FEBRUARY 7, 1967

Publication of this Interim Journal is directed by Rules 3.2, 6.5 (b), and 7.15 (b), as adopted on January
19, 1967. These rules relate to profiled bills and notice of committee hearings. This issue, as authorized by
6.5 (b), has been produced other than by printing but the serial page numbering remains the same as your
printed Journals so you have the opportunity to determine the completeness of your file.

NOTICE OF COMMITTEE HEARINGS
[as these have been reported, under Rule 6.5 (b),
to the Office of the Clerk]

DATE
February 10
Friday
2 P.M.
February 11
Saturday
11 A.M.

February 15
Wednesday
10 A.M.

February 15
Wednesday
10 A.M.

COMMITTEE
Mental Health
Joint Meeting with Subcommittee on Criminal Sexual Psycho-
paths and Child Molester Laws of the Legislative Council's
Committee on Mental Health & Retardation
Public Health & Welfare
Group III Subcommittee on Pollution

Legislative Council's Subcommittee on Construction Industry

Legislative Council's Committee on Personnel & Retirement

PLACE
Miami
State Office
Building, 1350
N.W. 12th Ave.
Lakeland
Florida Citrus
Mutual Bldg.
Tampa
Hillsborough
County Courthouse
Room 273
Tallahassee
Senate Room 31

90

THE JOURNAL OF THE FLORIDA

House of Representatives

PROCEEDINGS AT TALLAHASSEE OE THE FORTY-FIRST LEGISLATURE
[under the Constitution of 1885]
INTERIM JOURNAL

Monday, March 13, 1967

Publication of this Interim Journal is directed by Rules 3.2, 6.5 (b), and 7.15 (b), as adopted on Janu-
ary 19, 1967. These Rules relate to profiled bills and notice of committee hearings. This issue appears in
printed form. Future issues, as authorized by 6.5 (b), may be produced by other means, but the serial page
numbering shall remain the same so you will have the opportunity to determine whether your file is complete.

PREFILED MEASURES
[with Speaker's assignment to committee where
this has been authorized and done]
HB 32-Not released for assignment
HB 33-Not released for assignment

By Representatives Firestone, Bird, Brake, Clark, Conway,
Crabtree, Featherstone, Fortune, Gillespie, Harris, Hector, Hollo-
way, Redman, Renick and Schultz-
HB 34-A bill to be entitled An act relating to motor-driven
cycles; amending section 317.981, Florida Statutes, providing for
the wearing of safety helmets.
-was assigned by the Speaker to the Committee on Public
Safety for study.
HB 35-Not released for assignment

By Representative Ashler-
HB 36-A bill to be entitled An act relating to public school
plants; amending section 235.26, Florida Statutes, relating to
minimum standards for school buildings by adding subsection
(21) providing that shelter slanting and cost-reduction tech-
niques be considered in the initial plan and design of any public
school to be constructed after the effective date of this law;
authorizing modification of existing schools to provide shelter
and for participation in federal programs for this purpose;
providing an effective date.
-was assigned by the Speaker to the Committee on State
Governmental Organization & Efficiency for study.
By Representative Ashler-
HB 37-A bill to be entitled An act relating to construction
design of public buildings; amending chapter 255, Florida
Statutes, by adding section 255.042, requiring that the creation
of fallout shelter through cost-reduction and slanting techniques
be considered in the design phase of any public building; pro-
viding procedures to obtain free professional development serv-
ices; providing an effective date.
--was assigned by the Speaker to the Committee on State
Governmental Organization & Efficiency for study.
By Representative Ashler-
HB 38-A bill to be entitled An act relating to civil defense;
amending section 252.04, Florida Statutes, by adding subsection
(5) requiring that the state civil defense agency submit a
biennial report; amending section 252.05 (2), Florida Statutes,
to allow appointment and designation of additional members
to the civil defense advisory board; amending section 252.09
(1) (a), Florida Statutes, to include combined county-city govern-
ment; providing an effective date.
-was assigned by the Speaker to the Committee on State
Governmental Organization & Efficiency for study.

By Representative Ashler-
HCR 39-A concurrent resolution relating to fallout shelters;
recommending state and local governmental responsibilities for
construction or modification of public buildings.
-was assigned by the Speaker to the Committee on State
Governmental Organization & Efficiency for study.
By Representative Gallen-
HB 40-A bill to be entitled An act relating to disposition of
unclaimed property; amending chapter 717, Florida Statutes, by
adding section 717.131; providing that a petition may be granted
by the circuit court to declare property abandoned notwith-
standing fifteen (15) year waiting period; providing that such
property shall be delivered to the administrator; providing an
effective date.
-was assigned by the Speaker to the Committee on Judiciary
A for study.
By Representative Karst-
HB 41-A bill to be entitled An act relating to the district
courts of appeal, judges; amending section 35.06, Florida
Statutes, providing for additional judges for the fourth (4th)
district; providing an effective date.
-was assigned by the Speaker to the Committee on Judiciary
C for study.
By Representative Spicola-
HB 42-A bill to be entitled An act relating to certain fish-
ing, hunting, camping, swimming and diving equipment; repeal-
ing sections 212.50, 212.51, 212.52, 212.53, 212.54, 212.55, 212.56,
212.57 and 212.58, Florida Statutes, constituting all of part II of
chapter 212, Florida Statutes, prescribing a tax on said equip-
ment and the method of collection; providing an effective date.
-was assigned by the Speaker to the Committee on Game &
Fresh Water Fish for study.
By Representative Karst-
HB 43-A bill to be entitled An act relating to the fourth
district court of appeals; authorizing the construction of a court
building in Vero Beach, Indian River county; providing an
effective date.
-was assigned by the Speaker to the Committees on
Judiciary C and Appropriations for study.

By Representative Karst-
HB 44-A bill to be entitled An act relating to the fourth
(4th) district court of appeal; authorizing an appropriation for
the construction of a court building in Vero Beach, Indian River
county; providing an effective date.
-was assigned by the Speaker to the Committees on Judiciary
C and Appropriations for study.

91

92 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 13, 1967

By Representative Fleece- 744.484; to provide for periodic examination of wards; imposing
HB 45-A bill to be entitled An act relating to the Florida the duty to file reports; providing for the payment of costs;
Guardianship Law; amending chapter 744.48, Florida Statutes, providing for an effective date.
by adding sections 744.481, 744.482 (a) (b) (c) (d) (e) (f); 744.483; -to be assigned.

DATE

March 17
Friday
10 A.M.

March 18-19
Saturday 1 P.M
Sunday 9 A.M.

March 20
Monday
9 A.M.

NOTICE OF COMMITTEE HEARINGS
[as these have been reported, under Rule 6.5 (b),
to the Office of the Clerk]

COMMITTEE

House Select Committee on Standards & Conduct
(coincident with Lay Committee on Ethics)

Subcommittee on Pollution of the House Committee
on Public Health & Welfare

House Committee on Ad Valorem Taxation

PLACE

Orlando
Council Room
City Hall

Tallahassee
House Room 307
The Capitol

Tampa
Room 273
County Courthouse

_ ___ I __ 1 I

INDEX

TO THE

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

January 9th-January 28th, 1967

93

INDEX

TO THE

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

JANUARY 9th-JANUARY 28th, 1967

MEMBERS OF THE HOUSE OF REPRESENTATIVES

Ralph D. TurlingtonJames Lorenzo WalkerAllen Morris
SpeakerSpeaker pro temporeClerk

ALLIGOOD, BOB-Orange-Osceola Counties
Bills, Resolutions and Memorials Introduced: Numbers 7-
X(67), 9-X(67)
Committees: Appropriations (Vice chairman); Public Roads
& Highways (Vice chairman); Motor Vehicles & Carriers;
Rules & Calendar; State Governmental Organization &
Efficiency
ALVAREZ, TED-Duval County
Bills, Resolutions and Memorials Introduced: Numbers 7-
X(67), 9-X(67)
Committees: Agriculture; Labor; Judiciary A; Pari-Mutuel
Affairs; Public Health & Welfare; Public Safety
ANDREWS, WILLIAM C.-Alachua-Gilchrist-Putnam Counties
Bills, Resolutions and Memorials Introduced: Numbers 7-
X(67), 9-X(67)
Committees: Appropriations; Commerce; Elections; Higher
Education; Judiciary D
ARNOLD, LYNWOOD-Duval County
Bills, Resolutions and Memorials Introduced: Numbers 7-
X(67), 9-X (67)
Committees: Judiciary D (Vice chairman); Banks & Loans;
Finance & Taxation; Game & Fresh Water Fish; Public
Roads & Highways
Select Committee: Apportionment (Chairman)
ASHLER, PHIL-Escambia County
Bills, Resolutions and Memorials Introduced: Numbers 7-
X(67), 9-X(67)
Committees: Higher Education (Chairman); Appropriations;
Pari-Mutuel Affairs; Public School Education; State Gov-
ernmental Organization & Efficiency
Select Committee: Constitutional Revision
BAKER, MAXINE E.-Dade County
Bills, Resolutions and Memorials Introduced: Number
9-X(67)
Committees: Mental Health (Chairman); Ad Valorem Taxa-
tion; Pari-Mutuel Affairs; Public Health & Welfare; Public
Safety; State Institutions
BECK, JAMES N.-Alachua-Gilchrist-Putnam Counties
Bills, Resolutions and Memorials Introduced: Numbers 7-
X(67), 9-X(67)
Committees: Games & Fresh Water Fish (Chairman); Claims
A; Higher Education; Labor; Rules & Calendar
BELL, JOHN W. (Jack)-Broward County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Claims B (Vice chairman); Elections; Judiciary
B; Pari-Mutuel Affairs; Public Roads & Highways
BIRD, RICHARD A.-Broward County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Claims A; Commerce; Insurance & Workmen's
Compensation; Judiciary A; Public Health & Welfare

BLALOCK, S. GORDON-Duval County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Commerce; Finance & Taxation; Higher Edu-
cation; Judiciary B; Public School Education
BRAKE, ROBERT M.-Dade County
Bills, Resolutions and Memorials Introduced: Number 9-X(67)
Committees: Ad Valorem Taxation; Judiciary C; Local Gov-
ernment; Public Roads & Highways; Salt Water Conser-
vation
BRANTLEY, LEW-Duval County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Agriculture; Elections; Labor; Motor Vehicles &
Carriers; Public School Education
BRASHER, JOHN C.-Pasco County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Ad Valorem Taxation; Citrus; Local Govern-
ment; State Governmental Organization & Efficiency
BRIGGS, WARREN M.-Escambia County
Bills, Resolutions and Memorials Introduced: Number 9-X
(67)
Committees: Ad Valorem Taxation; Insurance & Workmen's
Compensation; Local Government; Public School Educa-
tion; State Governmental Organization & Efficiency
BROWER, DAVID L.-Dade County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Banks & Loans; Commerce; Judiciary B; Public
Roads & Highways; Public Safety
CAMPBELL, L. S. (Sam)-Holmes-Walton-Washington Coun-
ties
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Local Government (Vice chairman); Agriculture;
Claims B; Game & Fresh Water Fish; Labor
CHAPPELL, WILLIAM V., JR.-Citrus-Hernando-Marion-
Sumter Counties
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Banks & Loans (Chairman); Finance & Tax-
ation; House Administration; Insurance & Workmen's Com-
pensation; Judiciary A; Retirement & Personnel; Rules &
Calendar
Select Committee: Constitutional Revision
CLARK, JOHN R.-Polk County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67), 10-X(67)
Committees: Ad Valorem Taxation; Citrus; Higher Educa-
tion; Local Government; Public School Education

95

JOURNAL OF THE HOUSE OF REPRESENTATIVES

CLEVELAND, MACK N., JR.-Lake-Seminole Counties
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Retirement & Personnel (Chairman); Appro-
priations; Finance & Taxation; Judiciary C; State Gov-
ernmental Organization & Efficiency
Select Committee: Apportionment
COLLINS, PALMER W.-Brevard County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Elections; Higher Education; Judiciary D; Pari-
Mutuel Affairs; Public School Education
CONDON, RICHARD-Broward County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Claims A; Elections; Game & Fresh Water
Fish; Labor; Mental Health
CONWAY, WILLIAM R.-Volusia County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Appropriations; Citrus; Higher Education; Pari-
Mutuel Affairs; Public Safety
CRABTREE, GRANVILLE H., JR.-Sarasota County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Ad Valorem Taxation; Claims B; Judiciary D;
Public Safety; Salt Water Conservation
CRAIG, A. H.-Flagler-St. Johns Counties
Bills, Resolutions and Memorials Introduced: Number 9-X
(67)
Committees: Salt Water Conservation (Chairman); Claims A
(Vice chairman); Elections; Insurance & Workmen's Com-
pensation; Retirement & Personnel
CRAMER, HUGH B.-Broward County
Bills, Resolutions and Memorials Introduced: None
Committees: Claims B; Mental Health; Motor Vehicles &
Carriers; Public Roads & Highways; State Institutions
CRIDER, JOHN--Duval County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Appropriations; Banks & Loans; Claims A;
Commerce; Judiciary C
D'ALEMBERTE, TALBOT (Sandy)-Dade County
Bills, Resolutions and Memorials Introduced: Number 9-X
(67)
Committees: Ad Valorem Taxation; Judiciary C; Mental
Health; Public School Education; State Governmental Or-
ganization & Efficiency
DANAHY, PAUL W.-Hillsborough County
Bills, Resolutions and Memorials Introduced: Number 9-X
(67)
Committees: Ad Valorem Taxation; Judiciary D; Local Gov-
ernment; Mental Health; Public Roads & Highways
DE YOUNG, ROBERT C.-Palm Beach County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Appropriations; Insurance & Workmen's Com-
pensation; Pari-Mutuel Affairs; Public Health & Welfare;
Public Roads & Highways
DUBBIN, MURRAY H.-Dade County
Bills, Resolutions and Memorials Introduced: Number 9-X
(67)
Committees: Commerce (Chairman); Rules & Calendar (Vice
chairman); Appropriations; Finance & Taxation; Higher
Education; Insurance & Workmen's Compensation; Judi-
ciary A
DUCKER, JOHN L.-Orange-Osceola Counties
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Judiciary C (Vice chairman); Citrus; Claims
B; Finance & Taxation; Retirement & Personnel

EDDY, JAMES R.-Broward County
Bills, Resolutions and Memorials Introduced: Number 9-X
(67)
Committees: Pari-Mutuel Affairs (Vice chairman); Finance
& Taxation; Judiciary B; Rules & Calendar; State Gov-
ernmental Organization & Efficiency
Select Committee: Apportionment
ELMORE, HENTON D.-Okaloosa-Santa Rosa Counties
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Higher Education; Judiciary B; Labor; Public
School Education; Retirement & Personnel
FEATHERSTONE, HAROLD G.-Dade County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Banks & Loans; Claims A; Elections; Game &
Fresh Water Fish; Judiciary B; Judiciary C
FEE, FRANK-Indian River-Martin-Okeechobee-St. Lucie Coun-
ties
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Insurance & Workmen's Compensation (Chair-
man); Judiciary A (Vice chairman); Appropriations;
Banks & Loans; Citrus; Finance & Taxation; Rules &
Calendar
Select Committee: Constitutional Revision
FIRESTONE, GEORGE-Dade County
Bills, Resolutions and Memorials Introduced: Number 9-X
(67)
Committees: Claims B; Judiciary B; Local Government; Re-
tirement & Personnel; State Institutions
FLEECE, WILLIAM H.-Pinellas County
Bills, Resolutions and Memorials Introduced: Number 9-X
(67)
Committees: Ad Valorem Taxation; Elections; Judiciary D;
Public School Education
FORTUNE, EDMOND M.-Okaloosa-Santa Rosa Counties
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Ad Valorem Taxation; Agriculture; Elections;
Judiciary A; Public Health & Welfare
FULFORD, BILL-Orange-Osceola Counties
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Citrus; Game & Fresh Water Fish; Local
Government; Public Health & Welfare; Public Safety;
Salt Water Conservation
GALLEN, TOM-Manatee County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Judiciary D; Local Government; Mental Health;
Pari-Mutuel Affairs; Public School Education
GAUTIER, JEFF D.-Dade County
Bills, Resolutions and Memorials Introduced: Number 9-X
(67)
Committees: Claims A; Judiciary B; Labor; Public Safety;
Retirement & Personnel
GILLESPIE, WILLIAM M.-Volusia County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Finance & Taxation; Labor; Motor Vehicles &
Carriers; Public School Education; State Governmental Or-
ganization & Efficiency
GRAHAM, ROBERT-Dade County
Bills, Resolutions and Memorials Introduced: Number 9-X
(67)
Committees: Ad Valorem Taxation; Appropriations; Higher
Education; Local Government; Public School Education

96

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

GRANGE, GIFFORD, JR.-Duval County
Bills, Resolutions and Memorials Introduced: Number 9-X
(67)
Committees: Ad Valorem Taxation; Higher Education; In-
surance & Workmen's Compensation; Public Roads &
Highways; Salt Water Conservation
GRIFFIN, BEN-Orange-Osceola Counties
Bills, Resolutions and Memorials Introduced: Number 7-X
(67)
Committees: Banks & Loans; Citrus; Judiciary D; Motor
Vehicles & Carriers; Public Safety
GRIFFIN, J. J., JR.-Orange-Osceola Counties
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Appropriations (Chairman); Finance & Taxa-
tion (Vice chairman); Banks & Loans; Insurance & Work-
men's Compensation; Rules & Calendar
GRIZZLE, MARY R.-Pinellas County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: State Institutions (Vice chairman); Appropria-
tions; Pari-Mutuel Affairs; Public Safety; Public School
Education
HARRIS, MARSHALL S.-Dade County
Bills, Resolutions and Memorials Introduced: Number 9-X(67)
Committees: Commerce; Elections; Labor; Public Health &
Welfare; Public School Education
HARTNETT, ROBERT C.-Dade County
Bills, Resolutions and Memorials Introduced: Number 9-X(67)
Committees: Banks & Loans; Elections; Insurance & Work-
men's Compensation; Mental Health; Motor Vehicles &
Carriers
HECTOR, ROBERT C.-Dade County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Agriculture; Game & Fresh Water Fish; Labor;
Public Health & Welfare; Public Roads & Highways
HENDERSON, WARREN S.-Sarasota County
Bills, Resolutions and Memorials Introduced: 7-X(67), 9-X(67)
Committees: Commerce (Vice chairman); Appropriations;
Elections; Insurance & Workmen's Compensation; Public
Roads & Highways
HODES, RICHARD S.-Hillsborough County
Bills, Resolutions and Memorials Introduced: Number 9-X(67)
Committees: Judiciary D; Local Government; Mental Health;
Pari-Mutuel Affairs; Public Health & Welfare
HOLLOWAY, VERNON C.-Dade County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Agriculture; Insurance & Workmen's Compen-
sation; Motor Vehicles & Carriers; Public Roads & High-
ways; State Governmental Organization & Efficiency
HUMPHREY, JOSEPH W. H.-Palm Beach County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Ad Valorem Taxation; Judiciary C; Public
School Education; Salt Water Conservation; State Govern-
mental Organization & Efficiency
INMAN, W. M. (Bill)-Gadsden-Liberty Counties
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Agriculture (Chairman); Pari-Mutuel Affairs;
Public Health & Welfare; Public Safety; State Institutions
KARST, ARTHUR E. (Art)-Indian River-Martin-Okeechobee-
St. Lucie Counties
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Citrus (Chairman); Ad Valorem Taxation (Vice
chairman); Agriculture; Finance & Taxation; Higher Edu-
cation; Insurance & Workmen's Compensation; Rules &
Calendar
Select Committee: Apportionment

KENNELLY, JOSEPH G., JR.-Duval County
Bills, Resolutions and Memorials Introduced: Number 9-X(67)
Committees: Ad Valorem Taxation; Claims B; Judiciary D;
Local Government
KLASSEN, BERNARD-Broward County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Banks & Loans; Public Safety; Retirement &
Personnel; Salt Water Conservation; State Governmental
Organization & Efficiency; State Institutions
LAND, HENRY W.-Orange-Osceola Counties
Bills, Resolutions and Memorials Introduced: Number 9-X
(67)
Committees: Judiciary B (Chairman); Ad Valorem Taxa-
tion; Banks & Loans; Citrus; Finance & Taxation
Select Committees: Apportionment; Constitutional Revision
LEWIS, GERALD-Dade County
Bills, Resolutions and Memorials Introduced: Number 9-X
(67)
Committees: Claims A; Labor; Motor Vehicles & Carriers;
Salt Water Conservation; State Governmental Organization
& Efficiency
MANN, ROBERT T.-Hillsborough County
Bills, Resolutions and Memorials Introduced: Number 9-X(67)
Committees: Judiciary D (Chairman); Public School Educa-
tion (Vice chairman); Appropriations; Pari-Mutuel Affairs;
Public Safety; Rules & Calendar
Select Committee: Constitutional Revision
MARTINEZ, ELVIN L.-Hillsborough County
Bills, Resolutions and Memorials Introduced: Number 9-X(67)
Committees: Commerce; Elections; Judiciary B; Judiciary
C; Public Health & Welfare
MATTHEWS, CAREY-Dade County
Bills, Resolutions and Memorials Introduced: Number 9-X(67)
Committees: Pari-Mutuel Affairs (Chairman); Judiciary B
(Vice chairman); Banks & Loans; Finance & Taxation;
Rules & Calendar
Select Committees: Apportionment; U.S. Supreme Court
Decision
MATTOX, RAY-Polk County
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X (67)
Committees: Motor Vehicles & Carriers (Chairman); Public
Health & Welfare (Vice chairman); Agriculture; Citrus;
Finance & Taxation
Select Committee: Apportionment
MCDONALD, LEON N., SR.-Hamilton-Lafayette-Madison-
Suwannee Counties
Bills, Resolutions and Memorials Introduced: Numbers 2-X
(67), 7-X(67), 9-X(67)
Committees: House Administration (Chairman); Agricul-
ture; Banks & Loans; Insurance & Workmen's Compensa-
tion; Public Roads & Highways; Public Safety
MCDONALD, TOM-Lake-Seminole Counties
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Ad Valorem Taxation; Banks & Loans; Judi-
ciary D; Local Government; Public School Education
MIDDLEMAS, JOHN ROBERT-Bay-Gulf Counties
Bills, Resolutions and Memorials Introduced: Number 9-X(67)
Committees: Banks & Loans; Commerce; Finance & Taxa-
tion; Insurance & Workmen's Compensation; Judiciary A
Select Committee: Apportionment
MIERS, MILEY L.-Franklin-Leon-Wakulla Counties
Bills, Resolutions and Memorials Introduced: Numbers 7-X
(67), 9-X(67)
Committees: Appropriations; Judiciary D; Motor Vehicles
& Carriers; Public Health & Welfare; Public Roads & High-
ways

INDEX

97

	Title Page
	Members of the House of Repres...
	January 1967
	February 1967
	March 1967
	Index

MILLISECOND	CLASS.METHOD	MESSAGE
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0	sobekcm_database.verify_item_lookup_object
0	sobekcm_page_globals.constructor	Navigation Object created from URI query string
0	sobekcm_database.verify_item_lookup_object
0	sobekcm_page_globals.display_item	Retrieving item or group information
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0	sobekcm_assistant.get_entire_collection_hierarchy
0	cached_data_manager.retrieve_item_aggregation
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0	item_aggregation_builder.get_item_aggregation	Found 'all' item aggregation in cache
0	system.web.ui.page.page_load (ufdc.page_load)
0	sobekcm_page_globals.constructor.on_page_load
0	html_echo_mainwriter.add_style_references	Adding style references to HTML
0	html_echo_mainwriter.add_text_to_page	Reading the text from the file and echoing back to the output stream
79	html_echo_mainwriter.add_text_to_page	Finished reading and writing the file