• TABLE OF CONTENTS
HIDE
 April 1947
 May 1947
 June 1947
 Index






Group Title: Journal of the Florida House of Representatives.
Title: Journal of the House of Representatives of the session of ..
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Full Citation
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Permanent Link: http://ufdc.ufl.edu/UF00027772/00107
 Material Information
Title: Journal of the House of Representatives of the session of ..
Alternate Title: Journal of the House of Representatives, State of Florida
Journal of the House of Representatives of the State of Florida of the session of ..
Physical Description: v. : ; 23-32 cm.
Language: English
Creator: Florida -- Legislature. -- House of Representatives
Publisher: Florida. Legislature. House of Representatives.
State Printer
Place of Publication: Tallahassee, Fla
Publication Date: April-June 1947
 Subjects
Subject: Legislative journals -- Periodicals -- Florida   ( lcsh )
Politics and government -- Periodicals -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
 Notes
Additional Physical Form: Electronic reproduction of copy from George A. Smathers Libraries, University of Florida also available.
General Note: Title varies slightly.
General Note: Description based on: 1907.
 Record Information
Bibliographic ID: UF00027772
Volume ID: VID00107
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 12895215
alephbibnum - 003417935
oclc - 12901236
lccn - sn 85065608
 Related Items
Preceded by: Journal of proceedings of the House of Representatives of the Legislature of the State of Florida
Succeeded by: Journal of the Florida House of Representatives

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UF00027772_00107 ( XML )


Table of Contents
    April 1947
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    May 1947
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Full Text









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Tuesday, April 8, 1947



Beginning of the Thirty-first Regular Session of the Legislature of Florida, under the Constitution of A. D. 1885
legun and held at the Capitol in the City of Tallahassee, the State of Florida, on Tuesday, April 8, 1947, being the
day fixed by the Constitution for the meeting of the Legislature.

The House was called to order at 12:00 noon by the Honorable Richalrd H. Simpson, a former Speaker of the
House of Representatives. Prayer was offered by the Chaplain. The certified list of the Secretary of State of
members elected to the House of Representatives, the Florida Legislature for the session of 1947 was called as follows:



MEMBERS OF THE HOUSE OF REPRESENTATIVES
ELECTED AT THE GENERAL ELECTION ON THE FIFTH
DAY OF NOVEMBER, A. D. 1946:

MEMBERS HOUSE OF REPRESENTATIVES

Alachua-Joe C. Jenkins, Gainesville
Alachua-Ira J. Carter, Jr., Gainesville
Baker-B. R. Burnsed, Macclenny
Bay-Grady W. Courtney, Millville
Bay-J. Ed. Stokes, Panama City
Bradford-N. D. Wainwright, Jr., Starke
SBrevard-Roy F. Roberts, Titusville
'Brevard-O. L. Burton, Eau Gallie
Broward-W. Marion Walton, Pompano
Broward-Frank Stirling, Ft. Lauderdale
"Calhoun-C. L. Clark, Blountstown
Charlotte-Leo Wotitzky, Punta Gorda
Citrus-L. C. Yeomans, Crystal River
Clay-J, Slater Smith, Jr., Green Cove Springs
"Collier-H. B. Kelly, Naples
Columbia-James Y. Wilson, Lake City
SDade-R. B. Gautier, Jr., Miami
Dade-Richard Oelkers, Jr., Miami
Dade-Bill Lantaff, Miami
DeSoto-J. Morgan Ingraham, Arcadia
Dixie-Royal C. Dunn, Cross City
.1- ,.Duval-P. Guy Crews, Jacksonville
'"Duval-Charles A. Luckie, Jacksonville
Duval-Fletcher Morgan, Jacksonville
Escambia-Harry Botts, Jr., Pensacola
"Escambia-R. M. Merritt, Pensacola
SFlagler-H. T. Cook, Bunnell
S'i ,Franklin-C. H. Bourke Floyd, Apalachicola
SGadsden-Amos H. Davis, Mt. Pleasant
SGadsden-Dewey M. Johnson, Quincy
Gilchrist-Carl O. Drummond, Trenton
Glades-Joe H. Peeples, Jr., Moore Haven
Gulf-George G. Tapper, Port St. Joe
Hamilton--J. W. McAlpin, White Springs
Hardee-C. H. (Shag) Taylor, Jr., Wauchula
Hendry-Elbert L. Stewart, Clewiston
Hernando-G. Kent Williams, Brooksville
Highlands-James W. Moore, Sebring
Hillsborough-E. P. Martin, Plant City,
Hillsborough-Neil C. McMullen, Tampa
Hillsborough-John Branch, Tampa
Holmes-J. J. Williams, Bonifay
Indian River-Alex MacWilliam, Vero Beach
Jackson-Merrell C. Clark, Marianna
Jackson-J. Troy Peacock, Marianna
Jefferson-Richard H. Simpson, Monticello
Lafayette-W. F. Howell, Mayo
Lake-Tim M. Sellar, Leesburg
Lake-H. H. Hethcox, Umatilla
Lee-Scott Hough, Ft. Myers
SLee-Norwood R. Strayhorn, Ft. Myers
Leon-Wilson Carraway, Tallahassee
Leon-Payne H. Midyette, Tallahassee
Levy-D. P. McKenzie, Chiefland
"Liberty-Lewis H. Baker, Bristol



Madison-R. C. Home, Madison
Manatee-J. Ben Fuqua, Palmetto
Manat Watealter S. Hardin, Bradenton
Marion-C. Farris Bryant, Ocala
Marion-Clarence Camp, II, Ocala
Martin-Marvin H. Rowell, Stuart
Monroe-Bernie C. Papy, Key West
Nassau-Leonard A. McKendree, Fernandina
Okaloosa-H. C. Barnhill, Crestview
Okeechobee-W. J. Hendry, Okeechobee
Orange--Alex Akerman, Jr., Orlando
Orange-Tyn Cobb, Orlando
Osceola-Irlo Bronson, Kissimmee
Palm Beach-Russell O. Morrow, Lake Worth
Palm Beach-B. Elliott, Pahokee
Pasco-George C. Dayton, Dade City
Pinellas-James A. McClure, Jr., St. Petersburg
Pinellas-Chas. J. Schuh, Jr., St. Petersburg
Pinellas-Archie Clement, Tarpon Springs
Polk-Raymond C. Smith, Lakeland
Polk-Lisle W. Smith, Haines City
Polk-Perry E. Murray, Frostproof
Putnam-Thos. B. Dowda, Palatka
St. Johns-F. Charles Usina, Jr., St. Augustine
St. Johns-Chas. E. Shepperd, St. Augustine
St. Lucie-D. H. Saunders, Ft. Pierce
Santa Rosa-Woodrow M. Melvin, Milton
Sarasota-J. R. Peacock, Sarasota
Sarasota-Jerry Collins, Sarasota
Seminole-M. B. (T-Bone) Smith, Sanford
Seminole--James Brailey Odham, Sanford
Sumter-C. M. Brown, Wildwood
Suwannee-Harold L. Gilmore, Live Oak
Taylor-Gus J. Dekle, Perry
Union-G. Fred Andrews, Lake Butler
Volusia-Thomas T. Cobb, Daytona Beach
Volusia-I. Walter Hawkins, Daytona Beach
Wakulla-Wright Alexander, Crawfordville
Walton-Thos. D. Beasley, DeFuniak Springs
Washington-Joel L. Potter, Chipley

STATE OF FLORIDA,
Office of Secretary of State.
ss.

I, R. A. Gray, Secretary of State of the State of Florida, do
hereby certify that the foregoing is a correct list of the mem-
bers of the Legislature, elected at the General Election held on
the Fifth day of November, A. D. 1946, and at a Special Elec-
tion held since the General Election as shown by the election
returns on file in this office.
I, further certify that Gus J. Dekle of Taylor County, Florida
was at a Special Election held in said County on the 5th day
of April 1947, duly elected as Representative from said County
succeeding J. H. Scales, Sr. Resigned

Given under my hand and the Great Seal of the State of
Florida at Tallahassee, the Capital, this the Sixth day
April A. D. 1947.
R. A. GRAY,
Secretary of State,

I












2 JOURNAL OF THE HOUSE OF REPRESENTATIVES



The following members came forward and took the oath
of office prescribed by the Constitution of the State of
Florida before Mr. Justice Alto Adams of the Supreme Court
of the State of Florida:

MEMBERS HOUSE OF REPRESENTATIVES

Alachua-Joe C. Jenkins, Gainesville
Alachua-Ira J. Carter, Jr., Gainesville
Baker-B. R. Burnsed, Macclenny
Bay-Grady W. Courtney, Millville
Bay-J. Ed. Stokes, JPanama City
Bradford-N. D. Wainwright, Jr., Starke
Brevard-Roy F. Roberts, Titusville
Brevard-O. L. Burton, Eau Gallie
Broward-W. Marion Walton, Pompano
Broward-Frank Stirling, Ft. Lauderdale
Calhoun-C. L. Clark, Blountstown
Charlotte-Leo Wotitzky, Punta Gorda
Citrus-L. C. Yeomans, Crystal River
Clay-J. Slater Smith, Jr., Green Cove Springs
Collier-H. B. Kelly, Naples
Columbia-James Y. Wilson, Lake City
Dade-R. B. Gautier, Jr., Miami
Dade-Richard Oelkers, Jr., Miami
Dade-Bill Lantaff, Miami
DeSoto-J. Morgan Ingraham, Arcadia
Dixie-Roy C. Dunn, Cross City
Duval-P. Guy Crews, Jacksonville
Duval-Charles A. Luckie, Jacksonville
Duval-Fletcher Morgan, Jacksonville
Escambia-Harry Botts, Jr., Pensacola
Escambia-R. M. Merritt, Pensacola
Flagler-H. T. Cook, Bunnell
Franklin-C. H. Bourke Floyd, Apalachicola
Gadsden-Amos H. Davis, Mt. Pleasant
Gadsden-Dewey M. Johnson, Quincy
Gilchrist-Carl O. Drummond, Trenton
Glades-Joe H. Peeples, Jr., Moore Haven
Gulf-George G. Tapper, Port St. Joe
Hamilton-J. W. McAlpin, White Springs
Hardee-C. H. (Shag) Taylor, Jr., Wauchula
Hendry-Elbert L. Stewart, Clewiston
Hernando-G. Kent Williams, Brooksville
Highlands-James W. Moore, Sebring
Hillsborough-E. P. Martin, Plant City
Hillsborough-Neil C. McMullen, Tampa
Hillsborough-John Branch, Tampa
Holmes-J. J. Williams, Bonifay
Indian River-Alex MacWilliam, Vero Beach
Jackson-Merrell C. Clark, Marianna
Jackson-J. Troy Peacock, Marianna
Jefferson-Richard H. Simpson, Monticello
Lafayette-W. F. Howell, Mayo
Lake-Tim M. Sellar, Leesburg
Lake-H. H. Hethcox, Umatilla
Lee-Scott Hough, Ft. Myers
Lee-Norwood R. Strayhorn, Ft. Myers
Leon-Wilson Carraway, Tallahassee
Leon-Payne H. Midyette, Tallahassee
Levy-D. P. McKenzie, Chiefland
Liberty-Lewis H. Baker, Bristol
Madison-R. C. Home, Madison
Manatee-J. Ben Fuqua, Palmetto
Manatee-Walter S. Hardin, Bradenton
Marion-C. Farris Bryant, Ocala
Marion-Clarence Camp, II, Ocala
Martin-Marvin H. Rowell, Stuart
Monroe-Bernie C. Papy, Key West
Nassau-Leonard A. McKendree, Fernandina
Okaloosa-H. C. Barnhill, Crestview
Okeechobee-W. J. Hendry, Okeechobee
Orange-Alex Akerman, Jr., Orlando
Orange-Tyn Cobb, Orlando
Osceola-Irlo Bronson, Kissimmee
Palm Beach-Russell O. Morrow, Lake Worth
Palm Beach-B. Elliott, Pahokee
Pasco-George C. Dayton, Dade City



Pinellas-James A. McClure, Jr., St. Petersburg
Pinellas-Chas. J. Schuh, Jr., St. Petersburg
Pinellas-Archie Clement, Tarpon Springs
Polk-Raymond C. Smith, Lakeland
Polk-Lisle W. Smith,Haines City



April 8, 1947



Polk-Perry E. Murray, Frostproof
Putnam-Thos. B. Dowda, Palatka
St. Johns-F. Charles Usina, Jr., St. Augustine
St. Johns-Chas. E. Shepperd, St. Augustine
St. Lucie-D. H. Saunders, Ft. Pierce
Santa Rosa-Woodrow M. Melvin, Milton
Sarasota-J. R. Peacock, Sarasota
Sarasota-Jerry Collins, Sarasota
Seminole-M. B. (T-Bone) Smith, Sanford
Seminole-James Brailey Odham, Sanford
Sumter-C. M. Brown, Wildwood
Suwannee-Harold L. Gilmore, Live Oak
Taylor-Gus J. Dekle, Perry
Union-G. Fred Andrews, Lake Butler
Volusia-Thomas T. Cobb, Daytona Beach
Volusia-I. Walter Hawkins, Daytona Beach
Wakulla-Wright Alexander, Crawfordville
Walton-Thos. D. Beasley, DeFuniak Springs
Washington-Joel L. Potter, Chipley
Mr. Collins nominated Mr. Thomas D. Beasley of Wal-
ton for Speaker of the House of Representatives.
Mr. Dowda of Putnam seconded the nomination.
Mr. Sheppard of St. Johns moved that the nominations
for the Speaker of the House of Representatives be closed.
Which was agreed to and the nomination for Speaker was
declared closed.
Upon call of the roll on the election for the Speaker
of the House of Representatives, the vote for Mr. Beasley
was:
Yeas-94.



Akerman
Alexander
Andrews
Baker
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Carter
Clark, C. L.
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Nays-None.



Davis
Dayton
Dekle
Dowda
Drummond
Dunn
Elliott
Floyd
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hendry
Hethcox
Home
Hough
Howell
Ingraham
Jenkins
Johnson
Kelly
Lantaff
Luckie



MacWilliam Schuh
Martin Sellar
McAlpin Shepperd
McClure Simpson
McKendree Smith, J. S.
McKenzie Smith, L. W.
McMullen Smith, M. B.
Melvin Smith, R. C.
Merritt Stewart
Midyette Stirling
Moore Stokes
Morgan Strayhorn
Morrow Tapper
Murray Taylor
Odham Usina
Oelkers Wainwright
Papy Walton
Peacock, J. T. Williams, G.K.
Peacock, J. R. Williams, J. J.
Peeples Wilson
Potter Wotitzky
Roberts Yeomans
Rowell
Saunders



Mr. Beasley of Walton was declared duly elected as
Speaker of the House of Representatives.
Mr. Carter of Alachua moved that a committee of three
be appointed to escort Mr. Beasley, the Speaker, to the
rostrum.
Which was agreed to.
Thereupon, the Chair appointed Messrs. Carter of Alachua,
Horne of Madison and Smith of Seminole, as a committee
which escorted the Speaker to the rostrum, where he re-
ceived the Oath of Office administered by Mr. Justice Alto
Adams of the Supreme Court, following which the Speaker
made a brief address to the House.

THE SPEAKER IN THE CHAIR
The Speaker announced that he would now receive nomi-
nations for Speaker Pro Tempore.
Mr. Cobb of Orange nominated Mr. Elbert L. Stewart
of Hendry for Speaker Pro Tempore.
Mr. Peeples of Glade seconded the nomination.
















Mr. Simpson of Jefferson moved that the nominations be
closed.
Which was agreed to and the nominations were declared
closed.



Upon call of the roll, on the election
Tempore, the vote for Mr. Stewart was:
Yeas-94.
Mr. Speaker Crews Luckie
Akerman Davis MacWilliam
Alexander Dayton Martin
Andrews Dekle McAlpin
Baker Dowda McClure
Barnhill Drummond McKendree
Botts Dunn McKenzie
Branch Elliott McMullen
Bronson Floyd Melvin
Brown Fuqua Merritt
Bryant Gautier Midyette
Burnsed Gilmore Moore
Burton Hardin Morgan
Camp Hawkins Morrow
Carraway Hendry Murray
Carter Hethcox Odham
Clark, C. L. Home Oelkers
Clark, M. C. Hough Papy
Clement Howell Peacock, J. .
Cobb, Tyn Ingraham Peacock, J.
Cobb, T. T. Jenkins Peeples
Collins Johnson Potter
Cook Kelly Roberts
Courtney Lantaff Rowell
Nays-None.



for Speaker Pro

Saunders
Schuh
Sellar
Shepherd
Simpson
Smith, J. S.
Smith, L. W.
Smith, M. B.
Smith, R. C.
Stirling
Stokes
Strayhorn
Tapper
Taylor
Usina
Wainwright
Walton
Williams, G. K.
. Williams, J. J.
t. Wilson
Wotitzky
Yeomans



Thereupon, Mr. Stewart was declared the duly elected
Speaker Pro Tempore of the House of Representatives.
Mr. Stokes of Bay moved that a committee of three be
appointed to escort the Speaker Pro Tempore to the rostrum.
Which was agreed to.
Thereupon, the Speaker appointed Messrs, Stokes of Bay,
Papy of Monroe and Andrews of Union as a committee which
escorted the Speaker Pro Tempore to the rostrum where he
received the Oath of Office administered by Mr. Justice Alto
Adams of the Supreme Court, following which the Speaker
Pro Tempore made a brief address to the House.
The Speaker announced that he had appointed Mrs. Lamar
Bledsoe as Chief Clerk of the House of Representatives. Mrs.
Bledsoe was then administered the Oath of Office by Mr. Jus-
tice Alto Adams of the Supreme Court, after which she was
presented by the Speaker to the members of the House.
Mr. Clement of Pinellas moved that a committee of three
be appointed to inform the Senate that the House of Repre-
sentatives was organized and ready to transact business.
Which was agreed to.
Thereupon, the Speaker appointed Messrs, Clement of Pin-
ellas, Murray of Polk and Collins of Sarasota as a committee
to notify the Senate that the House of Representatives was
organized and ready to transact business.
After a brief absence the committee returned and reported
that they had performed the duty assigned them and were
thereupon discharged.
Mr. Simpson of Jefferson moved that a committee of three
be appointed to wait upon His Excellency, Governor Millard
Caldwell, and notify him that the House was organized and
ready to transact business.
Which was agreed to.
Thereupon the Speaker appointed Messrs. Simpson of Jer-
ferson, Morrow of Palm Beach and McMullen of Hillsborough
who retired from the Chamber and after a brief absence re-
turned and reported that they had performed the duty as-
signed them, and were thereupon discharged.
Mr. Martin of Hillsborough nominated the following of-
ficers for the House of Representatives: Sergeant-at-Arms,
Nathan Jones; Engrossing Clerk, Ed Winburn; Enrolling Clerk,



3



T
I



of employees be kept as low as possible consistent with
the efficient performance of the clerical work of the House.



April 8, 1947



JOURNAL OF THE HOUSE OF REPRESENTATIVES



Miss Annie Bond; Chaplain, Reverend J. L. Hunter; Pages,
Jan Goff, Chas. Edwin Schuh, Edmund Butlar, Pat Elliott,
Charlotte Presnell, Lila Ruth Forbes, Tommy Tinney and
Gracie Conley.
Mr. Jenkins of Alachua moved that the nominations cease
and that a unanimous ballot be cast for the persons nomi-
nated.
Which was agreed to.
The pages of the House of Representatives were then ad-
ministered the Oath of Office by Mr. Justice Alto Adams of
the Supreme Court.
A Committee from the Senate composed of Senators Crary
of the 12th, Getzen of the 38th and Walker of the 28th ap-
peared at the bar of the House of Representatives and in-
formed the House that the Senate was organized and ready
to transact business.
The following message from the Governor was received
and read:
Honorable Thomas D. Beasley
Speaker of the House of Representatives
Capitol
Dear Mr. Beasley:
I desire to address your Honorable Body in joint session
with the Senate, this afternoon, April 8, at three o'clock.
Sincerely,
MILLARD F. CALDWELL
Governor.
Mr. Collins of Sarasota moved that the rules be waived
and that the House do now revert to the order of Introduc-
tion of House Resolutions.
Which was agreed to by a two-thirds vote, and it was so
ordered.
INTRODUCTION OF HOUSE RESOLUTIONS
By Mr. Collins of Sarasota-
HOUSE RESOLUTION NO. 1-A RESOLUTION PROVID-
ING FOR THE RULES OF PROCEDURE AND POLICIES
OF THE HOUSE OF REPRESENTATIVES FOR THE 1947
SESSION OF THE FLORIDA LEGISLATURE.
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA IN SESSION AS-
SEMBLED:
1. That the rules of procedure of the 1945 session of
the Florida Legislature shall govern this body until the
Committee on Rules shall be organized and report and such
report shall be adopted.
2. That no Bills or Resolutions except those affecting
organization of the House shall be introduced until standing
committees be appointed and organized and the Chairman
thereof announce, to the Speaker, that they are ready to
transact business.
3. That the Speaker of the House of Representatives
appoint a Chief Clerk, an Assistant Chief Clerk, Sergeant-
at-Arms, Assistant Sergeant-at-Arms, Bill Clerk, two Read-
ing Clerks, Doorkeepers and a Superintendent of Sten-
ographers.
4. That each member of the House of Representatives
be allowed to designate one competent attache for service at
the regular session of the House of Representatives of 1947,
which attache so designated shall be enrolled as an em-
ployee of the House from April 8, 1947.
5. That the Speaker by and with the consent of the Com-
mittee on Personnel, be and he is hereby authorized and
directed to appoint such additional attaches of the House
of Representatives as may be necessary to efficiently per-
form the work of this House.
6. That it is the sense. of this House that the number












4



JOURNAL OF THE HOUSE



7. That the Speaker is hereby authorized to employ an
experienced Indexing Clerk, to do the work outlined in Sec-
tion 16.04, Florida Statutes 1941, and also one Special As-
sistant to assist in such work as he may direct, which said
Clerks shall be supervised by the Chief Clerk and shall
receive the same compensation and remuneration as the
other Clerks of the House.
8. That not to exceed 2,000 copies of the Daily Journal
and not to exceed 350 copies of the Daily Calendar be ordered
printed each day.
9. That each member of this House be allowed to mail,
not to exceed ten (10) daily, copies *of the Journal of this
House.
10. That the Speaker be and he is hereby authorized
and directed to instruct the Legislative Expense Commit-
tee to procure from time to time, during the 1947 session
of this House, stamps for these of the members of this
House in transacting official business.

11. That such stamps as each member may require be
furnished, provided, that no member shall be given more
than thirty-five (35) stamps per day, and that such stamps
be used by the members of this House upon official busi-
ness of the House only, or for the purpose of communicat-
ing with constituents upon matters of legislation, pending
before the House or contemplated by members of the House
for introduction.
12. That the Legislative Expense Committee be directed
to furnish to the members of this House all stationery and
all other necessary supplies for the use of the members
of the House.

13. That the Secretary of State shall furnish to the
Sergeant-at-Arms of the House of Representatives for the
use of the Members, upon a requisition to be signed by the
Sergeant-at-Arms, such Statutes, general and special, as
may be requested by the Representatives. Each Represent-
ative, at the time of receiving any of said books, shall sign
a receipt to the Sergeant-at-Arms, and shall, by the end
of the session, return said books so received to the Sergeant-
-at-Arms to be returned by the Sergeant-at-Arms to the
Secretary of State.
14. That the Speaker, the Chief Clerk, Bill Clerk, Ser-
geant-at-Arms, and other attaches of the House of Rep-
resentatives be authorized and directed to provide and car-
ry out substantially the same provisions for the accommo-
dations of Representatives of the Press at this session as
were in force at the 1945 session, including the same access
to copies of bills as given at the 1945 session of the legisla-
ture to Press Representatives.
Which was read in full.
Mr. Collins of Sarasota moved the adoption of the House
Resolution.
Which was agreed to, and House Resolution No. 1 was
adopted.

By Mr. MacWilliam of Indian River-

H. R. No. 2-A RESOLUTION PROVIDING FOR THE
PREPARATION, EDITING AND PRINTING OF THE
HOUSE RECORDS OF THE HOUSE OF REPRESENTA-
TIVES OF THE 1947 FLORIDA LEGISLATURE.
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA IN SESSION AS-
SEMBLED:
1. That the Chief Clerk of this House be instructed to
prepare, edit and print the House Records of the 1947 House
of Representatives of the Florida Legislature in the manner
prescribed by the Constitution, Law of Florida and as may
be from time to time directed by this House.
2. That a copy of this Resolution be transmitted to the
State Board of Commissioners and that it be spread upon
the Journal of this House.



Which was read in full.



;E OF REPRESENTATIVES April 8, 1947


Mr. MacWilliam moved the adoption of the House Reso-
lution.
Which was agreed to, and House Resolution No. 2 was
adopted.
By Messrs. Crews, Luckie and Morgan of Duval, Camp and
Bryant of Marion, Sellar of Lake, Elliott of Palm Beach,
Roberts of Brevard and Smith of Seminole-
HOUSE RESOLUTION NO. 3
WHEREAS, Henry Ford, internationally famous automobile
manufacturer, passed away this morning in his eighty-fourth
year, and
WHEREAS, Mr. Ford, through manufacturing more motor
vehicles than any other person or firm in the history of the
automobile and became during his life one of the greatest
stimulants to economic development on earth, and
WHEREAS, by being the first person to set the price of
the automobile at a figure the ordinary person could afford,
has made motor vehicle ownership more common than was
ever the case with horse-drawn vehicles, and has thus so
stimulated travel that our people know their country much
better than ever in history, and
WHEREAS, the educational effect of Mr. Ford's work is so
great to be beyond ordinary calculation enabling geographers,
scientists and explorers in general to know more about ad-
jacent countries than formerly they did about their own,
and
WHEREAS, Henry Ford, probably had a greater indirect
effect in bringing about an improved highway system than
any other person, and
WHEREAS, Mr. Ford was a friend to Florida spending
many winters in the state helping to advertise and develop
it, Therefore
BE IT RESOLVED, First, that the House of Representa-
tives of the State of Florida express its regret at the passing
of this great man whose achievements have been of such an
extraordinary nature, and
BE IT RESOLVED, Second, That the educational develop-
ment of America has been tremendously influenced and the
cause of individualism in business and achievement gen-
erally has lost a friend,
BE IT RESOLVED, Third, That the House of Representa-
tives hereby express its sympathy to the bereaved family,
and feel that it can look back with pride to the influence
and achievements of this great American.
BE IT RESOLVED, Fourth, That a copy of this resolution
be sent to the family of Mr. Ford and to the Press.
Which was read in full.
Mr. Crews moved the adoption of the House Resolution.
Which was agreed to and House Resolution No. 3 was
adopted.
Mr. Simpson moved that the House do now take up and
Consider Messages from the Senate.
Which was agreed to, and it was so ordered.
MESSAGE FROM THE SENATE
The following message from the Senate was received and
read:
Tallahassee, Florida,
April 8, 1947
Hon. Thos. D. Beasley
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of
Representatives that the Senate has adopted-



By Senator Mathews of Duval.

SENATE CONCURRENT RESOLUTION No. 1:
WHEREAS, His Excellency, Millard F. Caldwell, Gov-













JOURNAL OF THE HOUSE OF REPRESENTATIVES



ernor of Florida, has expressed a desire to address the
Legislature of Florida in Joint Session on this day, Tues-
day, April 8, 1947, at three o'clock P. M.
THEREFORE, BE IT RESOLVED BY THE SENATE,
THE HOUSE OF REPRESENTATIVES CONCURRING:
That the Senate and the House of Representatives con-
vene in Joint Session in the Chamber of the House of
Representatives at 3:00 o'clock, P. M., this day, Tuesday,
April 8, 1947, for the purpose of receiving His Excellency's
message.
And respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
Which was read in full.
Mr. Simpson moved that the rules be waived and Senate
Concurrant Resolution No. 1 be read the second time in
full.
Which was agreed to by a two-thirds vote.
And Senate Concurrent Resolution No. 1 was read a second
time in full.
Mr. Simpson moved the adoption of the Concurrent Reso-
lution.
Which was agreed to.
Senate Concurrent Resolution No. 1 was adopted and the
same was ordered certified to the Senate.
Mr. Luckie of Duval moved that a committee of three be
appointed to escort the Honorable Fuller Warren, a former
member of the House of Representatives, to the rostrum.
Which was agreed to.
Thereupon the Speaker appointed Messrs. Luckie, Crews
and Morgan of Duval as a committee of three to escort
the Honorable Fuller Warren to the rostrum, where he
was introduced to the membership of the House.
Mr. Oelkers of Dade moved that the House do now
adjourn to convene at 2:15 P. M. this afternoon.
Which was agreed to.
Thereupon at the hour of 1:15 P. M. the House stood
adjourned until 2:15 P. M.


AFTERNOON SESSION
The House was called to order by the Speaker at 2:15 P. M.
The roll was called and the following members answered
to their names:
Mr. Speaker Crews Luckie Saunders
Akerman Davis MacWilliam Schuh
Alexander Dayton Martin Sellar
Andrews Dekle McAlpin Shepperd
Baker Dowda McClure Simpson
Barnhill Drummond McKendree Smith, J. S.
Botts Dunn McKenzie Smith, L. W.
Branch Elliott McMullen Smith, M. B.
Bronson Floyd Melvin Smith, R. C.
Brown Fuqua Merritt Stewart
Bryant Gautier Midyette Stirling
Burnsed Gilmore Moore Stokes
Burton Hardin Morgan Strayhorn
Camp Hawkins Morrow Tapper
Carraway Hendry Murray Taylor
Carter Hethcox Odham Usina
Clark, C. L. Home Oelkers Wainwright
Clark, M. C. Hough Papy Walton
Clement Howell Peacock, J. T. Williams, G. K.
Cobb, Tyn Ingraham Peacock, J. R. Williams, J. J.
Cobb, T. T. Jenkins Peeples Wilson
Collins Johnson Potter Wotitzky
Cook Kelly Roberts Yeomans
Courtney Lantaff Rowell



A quorum present.



5



The Jacksonville Male Chorus entertained the House of
Representatives with 6 musical selections.
The Speaker asked Messrs. Crews, Luckie and Morgan of
the House to escort former Governor Carlton to the rostrum.
After being introduced by the Speaker, former Governor
Carlton made a brief speech.
The hour of 3:00 P. M. having arrived, members of the
Senate appeared at the bar of the House and were awarded
seats. Thereupon the Honorable S. D. Clarke, President of
the Senate, took the Chair.
The roll of the House was called by the Chief Clerk of the
House and the following members answered to their names:



Mr. Speaker
Akerman
Alexander
Andrews
Baker
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Carter
Clark, C. L.
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney



Crews
Davis
Dayton
Dekle
Dowda
Drummond
Dunn
Elliott
Floyd
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hendry
Hethcox
Home
Hough
Howell
Ingraham
Jenkins
Johnson
Kelly
Lantaff



Luckie
MacWilliam
Martin
McAlpin
McClure
McKendree
McKenzie
McMullen
Melvin
Merritt
Midyette
Moore
Morgan
Morrow
Murray
Odham
Oelkers
Papy
Peacock, J. T.
Peacock, J. R.
Peeples
Potter
Roberts
Rowell



Saunders
Schuh
Sellar
Shepperd
Simpson
Smith, J. S.
Smith, L. W.
Smith, M. B.
Smith, R. C.
Stewart
Stirling
Stokes
Strayhorn
Tapper
Taylor
Usina
Wainwright
Walton
Williams, G. K.
Williams, J. J.
Wilson
Wotitzky
Yeomans



A quorum of the House of Representatives present.
The roll of the members of the Senate was called by the
Secretary of the Senate, and the following members answered
to their names:



Mr. President
Alford
Baynard
Beacham
Beall
Boyle
Brackin
Branch
Carroll
Coleman



Collins
Crary
Davis
Flake
Franklin
Fraser (29th)
Fraser (31st)
Getzen
Gray
Johns



Johnson
King
Leaird
Lindler
Mathews
McArthur
Moon
Pearce
Perdue
Ray



Riddle
Rose
Sanchez
Shands
Sheldon
Sturgis
Walker
Wilson



A quorum of the Senate present.
Mr. Collins moved that a committee of five members of
the joint session, to be composed of two Senators and three
members of the House be appointed to notify His Excel-
lency, Governor Millard Caldwell, that the joint session
of the Senate and the House of Representatives was as-
sembled and ready to receive his message.
Which was agreed to.
Thereupon the President of the Senate appointed Sena-
tors Carroll and Franklin on the part of the Senate and
Messrs. Collins, Simpson and Murray on the part of the
House, who retired to perform their mission.
The committee reappeared at the bar of the joint ses-
sion escorting His Excellency, Governor Millard Caldwell, and
his Cabinet.
After being introduced by President Clarke, Governor
Caldwell addressed the joint session as follows:
Mr. President Clarke, Mr. Speaker Beasley,
Members of the 1947 Senate and House of Representatives:
Since we last met, the most destructive war in history has
ended victoriously and a struggle for existence has been
converted into a struggle for better living founded upon a
stable economy.



April 8, 1947












6 JOURNAL OF THE HOU


Because the Legislature of 1945 had both vision and
courage, the State has made the transition from war to
peace smoothly and without confusion. Public service in
every field of endeavor has steadily improved and the State
finds itself today more prosperous, in better health, with
better educational facilities and with more reason for pride
and optimism than at any other point of its colorful history.
Looking ever forward and pointing our attention to State
needs, we must face our problems frankly and courage-
ously. We are sensible of the fact that it is not possible
to accomplish every desirable end within the brief period
of one legislative session or one administrative term. But,
by devoting our efforts to the most vital necessities, we can
insure continued development and improvement.
If, in this message, I appear to stress certain of our needs,
it does not follow that others are ignored or minimized.
It does mean that the objectives specifically referred to are
both urgent and possible of attainment in this session while
those which are not stressed may be either less urgent or not
attainable at this time. I simply emphasize those objectives
which can be reached rather than the other and more un-
likely ends, however, desirable they may be. There are
many more or less obvious opportunities for improvement
which I shall not discuss because you, with your sound
comprehension of public affairs, will see that they are given
adequate attention.
It is well that we take up and discuss, in some orderly
fashion, certain matters of general concern and immediate
importance.
EDUCATION
Public Schools: The Legislature, in its last regular ses-
sion, motivated by the knowledge that the welfare and
economy of the nation and the several States parallel and
are dependent upon the prevailing degree of education, took
bold steps to improve our school system. In conformance
with the recommendations of the Citizens Committee on
Education, State aid was increased by fifty per cent, or
about $6,000,000. Teachers' salaries were raised. Scholar-
ships were provided for students thus encouraged to enter
the teaching profession. A system of supervision, designed
to improve the quality of instruction, was established. All
in all, it may be fairly said that Florida's schools are sub-
stantially better than they have been.
The Citizens Committee has continued its labor and sub-
mitted further recommendations. The Committee members,
at the sacrifice of personal interests, have unselfishly de-
voted their time and thought to Florida's educational future.
The Committee has availed itself to the services of out-
standing experts from Florida and over the nation. No
time, effort, or expense has been spared in the desire to
bring to you a report which reflects existing conditions and
points the way to better education.
Florida can support and should have a better program
of education. Liquor and cigarettes cost over ten times as
much in Florida last year as the State spent on public
schools. As compared with many other States, we have
made little effort to support either the public schools or
higher education. But the spending of money is not enough
-the money must be wisely spent under safeguards which
will insure maximum value. It follows, therefore, that ap-
propriations must be tied definitely to a plan of efficient
forward-looking administration and supervision, fair and
equitable county contributions and sound county participa-
tion in school affairs.
Particular attention must be given the county school sys-
tem where there is now too much overlapping of functions
and responsibilities. Under the present system there is more
confusion than efficiency-no agency with full responsibility.
It is difficult to persuade capable men and women to accept
public office in the educational field. Many who would
otherwise be willing to perform public service as members
of Boards of Public Instruction will not serve in a position



which pays a salary. Ours is the only State in which mem-
bers of Boards of Public Instruction are paid substantial
salaries. The authorities tell us that the practice is both
undesirable and unnecessary.
Supervision is essential and we must be certain that no
part of the monies appropriated for that purpose be spent



S



gram should be greatly expanded.
Florida is now spending from State sources about 35 cents
per capital, or roughly three-quarters of a million dollars
a year, on Public Health. A State appropriation of double
that amount will enable the Board of Health to inaugurate



;E OF REPRESENTATIVES April 8, 1947


for any other purpose and that the services of those em-
ployed in that capacity be not diverted. Close attention
should be given to the section of the Committee's report
touching the qualifications and appointment of County
Superintendents and the functions of District Trustees.
Higher Education: Florida has outgrown its system of
higher education. Drastic changes are required if we are
to keep abreast of the needs.
The Buckman Act consolidated numerous small institutions
into four-the University, the Women's College, the School
for the Deaf and Blind, and the College for Negroes. These
institutions, originally designed to accommodate a few hun-
dred, are now called upon to house and educate about 13,000
students and, circumstances considered, are performing good
services in their fields. But the services are not good enough
and must be improved.
The University had, prior to the war, an efficient capacity
of 2,500. During the war, the student body dropped to
around 1,000 and, since the war, increased to some 8,000.
The strain has been acute and the demands have been heavy.
By great effort and the use of large sums of money it has
been possible to offer every qualified Florida student the
opportunity for an education. The facilities for housing,
food and classrooms have been taxed to the utmost but,
in one way or another, the young men who desire an edu-
cation are provided for.
The Florida State College for Women, outstanding in its
field, has attained its enviable rank notwithstanding the
fact that its faculty personnel has been paid far less than
the admittedly low rate prevailing at the University. More
adequate provision must be made for this institution if
it is to continue to perform the service which the State has a
right to expect.
The Florida Agricultural and Mechanical College for Ne-
groes has not been given enough support. Although we have
allocated funds for construction at this institution, many
of the buildings are still inadequate, poorly cared for and
scattered on grounds which need attention.
Common to all of the institutions of higher learning is the
need for greater stress on graduate work, the development
of better organizations and improvement in curricula and
instruction.
Florida's system should be coordinated and a chancellor
appointed over the whole. He should be charged with the
duty of administering the affairs of higher education and
made answerable to the constituted authorities. From an
educational standpoint, co-education is of little importance
but, if our citizens desire it, it should be provided for at
both institutions as accommodations and facilities are made
available.
The Citizens Committee on Education has recommended
the creation of a State Board of Education to be responsible
for education at all levels, replacing the State Board of
Control and the present State Board of Education. The
recommendation is worthy of your earnest consideration.
It is obviously true that the duties of the Board of Control
have increased to the point where membership has become
a burden requiring disproportionate personal sacrifice. It
is also true that the members of the State Board of Educa-
tion, with one exception, are not elected because of their
special interest or qualifications in the field of education.
A coordinated University system, served by a Chancellor
and an efficient business office, would be a long step for-
ward.
HUMAN RESOURCES
We have made progress in the conservation of human
resources. Much good work has been done to assist handi-
capped and crippled children and the blind.
Health: Although the public health department has been
reorganized and is now performing notable service, the pro-













JOURNAL OF THE HOUSE



an effective program of cancer control, expand its work of
detecting tuberculosis, wage more effective war on the ve-
nereal diseases, combat hookworm more effectively, give
greatly improved sanitary engineering service for safeguard-
ing water supplies and preventing pollution of waterways,
provide industrial hygiene services for reduction of occu-
pational disease hazards and improve in many other ways
the health and productiveness of our people.
Traffic Safety: Committees of citizens have prepared
recommendations, some of which merit legislative action.
We have made some improvement but there is cause for
genuine concern in the numbers still being killed and maimed
in traffic accidents. Steps must be taken to make our
streets and highways safer.
Juvenile Delinquency: We are sustaining heavy losses in
human erosion. Juvenile delinquency, too long neglected,
now has nation-wide attention as a problem that commands
the best efforts of officials and the citizenship. We do not
know all the answers but we must meet the issue. The
recommendations of the committee of citizens which has
made detailed studies in this field deserve thoughtful at-
tention.
Welfare: Increased appropriations voted by the 1945
Legislature provided more adequately for the needy aged, the
blind and the dependent children. The sums made avail-
able were not sufficient to cover the increased load of elderly
persons who found employment during the war but are now
without earnings and destitute. The funds for dependent
children were short of the amount needed. The budget
report sets forth in detail the appropriation increases re-
quired to match Federal funds in full for these purposes.
NATURAL RESOURCES AND ATTRACTIONS
We have taken steps to capitalize on the historical and
archeological assets inherent in our long and interesting
history.
The wasteful practices of vandalism and destruction can-
not be continued. It is the duty of the recently appointed
State Archeologist to conserve valuable sites and make them
of maximum usefulness. The relics and artifacts collected
by the WPA have been take over for classification and
preservation at Myakka State Park. Many historical sites
are being preserved as memorials.
Library and Museums: The Florida State Library has
collected and preserved many old maps, documents, rare
books and newspaper files of great value as historical source
material. The University and the Geology Department have
collections and there are other museums of historical and
archeological items. Thought should be given to the co-
ordination of these activities.
Ringling Estate: Every effort is being made to cut through
the maze of confusion incident to the Ringling Estate and
secure an early settlement. The State now has possession
of the Art Museum and Home, both of which are under
the direction of the Board of Control and the committee. A
director has been appointed and, under his guidance, the
vast collection of paintings and objects of art are being
catalogued, preserved and exhibited. Examples of Venetian
art have been assembled in the residential palace and made
a separate attraction. A third unit, the Museum of the
Circus, has been provided for and the land in front of
the Art Museum has been acquired for park purposes.

Forests: The Forest Service has slightly expanded its
work and has undoubtedly minimized losses by fire. Some
areas have been replanted and others taken into the pro-
gram for protection. As rapidly as funds can be made
available, this work, because of its great importance to the
State as a whole, should be extended. The question of
whether we should continue to expend State funds on pri-
vately owned lands should be examined. Such practice can
hardly be justified unless the State funds are supplemented
by the proceeds of a tax, probably a forest production tax,
to be levied against the timber marketed.
Everglades National Park: The Everglades National Park



is finally within our grasp. Florida's Park Commission,
activated in 1946, and Congressional delegation, have rendered
yeoman service.



April 8, 1947



Mental Hospitals: The opening of the Arcadia branch of
the Florida State Hospital is beginning to relieve congestion
at Chattahoochee and the Farm Colony.
The older institution at Chattahoochee is being recondi-



E OF REPRESENTATIVES 7


The Secretary of the Interior has, within the week, firmly
agreed to create immediately the Everglades National Park,
in a designated minimum area, upon the conveyance by the
State of its lands and minerals within the area, reserving
customary royalties, and the appropriation by the State of
$2,000,000 for use in acquiring privately owned lands.
There is authority to make the conveyance. The Legis-
lature can meet the only other condition by quickly making
the funds available, thus assuring to the State an asset of
incalculable value.
State Parks: Little has been done to develop our State
Parks. Of the 16 so far designated only seven have been
improved, largely through the work of the Civilian Con-
servation Corps. Ten other Park areas are planned. The
goal of 26 Parks, well distributed and all made attractive
to tourists and permanent residents, is worthy of sustained
planning and effort.
There is a definite relationship between the conservation
of natural and human resources. The wise use of natural
resources results in greater economic values and .higher
standards which encourage better health and living con-
ditions.
Conservation Areas: Progress has been made in the set-
ting apart of three conservation areas of several hundred
thousand acres each in the Everglades-at least one of which
will be under Federal protection. All three will be of great
value in maintaining water tables to support agriculture,
as water reservoirs for the East Coast cities and as wild life-
conservation areas. The Everglades and other Drainage
and Flood Control Districts have made contributions.
Islands: Believing that islands along our coasts will greatly
increase in value, the Trustees of the Internal Improvement
Fund now lease them but no longer offer them for sale.
Game and Fish: We have made comparatively little prog-
ress in the propagation and conservation of game and fresh
water fish but the Commission is striving to improve the
service. Our game and fish are of great value, as a food
supply, as an incentive to outdoor recreation and as an at-
traction to visitors. We can ill afford to neglect so valuable
an asset.
Commercial Sea Products: We should do more in the way
of regulating the taking and use of commercial sea foods
and products so as to insure conservation of the supply.
These industries provide employment and contribute to the
State's economic wealth. They should be encouraged and
their source of income conserved.
Oil: The petroleum resources legislation approved at the
last session has, with one exception, proved satisfactory.
The limitation of 10,000 acres in any one lease has dis-
couraged exploration. An amendment to permit the leasing
of larger areas, in the discretion of the trustees, would stimu-
late activity.
Erosion and Pollution: Little has been done to protect
beaches from erosion or streams, bays, lakes and lagoons
from pollution. Much beach frontage has been destroyed
and waters have been contaminated by sewage and industrial
waste. We are heedlessly dissipating a great heritage. The
problem is acute and worthy of your earnest attention.

Water Supply: The subject of fresh water conservation
and control has long been neglected. The effort to move
along this line in the last Legislature failed because of in-
sufficient public interest. I see little evidence of aroused
concern now. Although water conservation is the most im-
portant single economic question confronting the State, a
longer period of education may be necessary. As long as
there is a Florida, the problem will be with us and research
will never be completed. Sufficient information is available
to point the way to action which should be taken immediately.
The consequence of half-way measures would be to shelve
the question under a false sense of security.
ELEEMOSYNARY INSTITUTIONS
















tioned under an intensive program. The most pressing
needs are being met. Old buildings have been repaired and
additions are being constructed to provide decent sanitary
facilities. New buildings are being erected.
Farm Colony: Transfer of adult patients to the branch
Mental Hospital at Arcadia is leaving more room for the
admission of feeble-minded children at the Farm Colony.
Congestion has been so acute that the situation is not yet
greatly improved but definite gains have been made and
should be extended.
Standards: At both institutions we are driving for an
improved quality of personnel and standard of treatment.
Close attention to present and future needs is recommended.
Salary ranges and total appropriations have not been suf-
ficient to staff the institutions with competent personnel.
Additional expenditures are required.
In addition, facilities should be provided to reclaim and
restore to society those who can be cured and trained for
useful lives. Occupational therapy, education and treat-
ment are essential to a sound program.
TUBERCULOSIS SANITORIA
The capacity of tuberculosis sanitoria has, within the last
two years, been increased from 400 to 1200 beds by the
taking over and activation of surplus army facilities. The
400-bed hospital at Orlando, which until recently had op-
erated at less than capacity, is now carrying a fair load.
The Marianna and Drew Field hospitals were opened re-
cently with a limited number of patients. It is anticipated
that both will approach capacity within the next biennium.
Under the present system, the State pays about two-thirds
and the county from which the patient is sent one-third
of the cost of treatment. Whether the method of county
contribution should be altered must be determined by the
Legislature. In considering the wisdom of the State's assum-
ing all of the cost, it should be borne in mind that, if the
counties are relieved of their responsibilities, many patients
able to pay for hospitalization will be attended at State
expense.
PENOLOGY
Prisons: Florida's prison system is far from adequate.
There is no provision for the separation of first offenders
from the hardened criminals and there is no institution for
female convicts. The prison personnel is insufficient in
number, insufficiently trained and poorly paid. It follows
that the results are not satisfactory.
The Board of Commissioners, recognizing the imperative
need for a better penal system, has approved plans calling
for a new institution for female offenders, a new branch
in the Everglades, where prisoners will be used in agricul-
tural production, and a new institution where youthful pris-
oners and first offenders will be given an opportunity for
education and improvement.
Females: Florida has no industrial school for negro girls.
The school for white girls is not well located nor are its
buildings efficiently arranged. The physical plant is old
and in poor condition.
The Board of Commissioners has acquired a desirable site
and, with the approval of the Legislature, will establish a
new institution for white girls, one for Negro girls, one for
white women and one for Negro women, so located as to
permit them to be supervised by one trained and capable
warden, served under the same medical and educational di-
rection and by common utility, maintenance and supply
facilities. Such disposition of the problem will result in
both economy and enlightened treatment.
Boys: The Industrial School for Boys is markedly im-
proved from the standpoint of personnel, training and hous-
ing. We can expect it, with continued attention, to become
a splendid institution.
Policy: Florida must do more for its prisoners and inmates
than merely hold them for the duration of their sentences.
Unless they are trained and imbued with a desire for better



living and responsible citizenship, they will return to civilian
life even worse than they left it. Segregation of first of-



April 8, 1947



fenders, appropriate education, adequate medical care and
recognition of merit will salvage many who would otherwise
become hardened criminals.
Parole: Under the State Parole Commission, improvement
has been noted in the handling of applications for clemency.
The investigations made and the rules established have
brought system and order into the difficult task of dealing
with convicted persons.
The disposition of applications for restoration of drivers'
licenses is a difficult and troublesome phase of the Commis-
sion's work. Some other method should be devised and the
Commission allowed to concentrate on the problems of per-
sons in custody.
LAW ENFORCEMENT
Highway Patrol: The Highway Patrol, since the war, has
been better manned and equipped to provide effective and
courteous traffic police service. It is constantly called upon
to guard against violence, to capture fugitives and escaped
criminals and to meet emergencies, although in those activi-
ties the law withholds from the Patrolmen the protection
which is thrown around police officers generally. If the
Patrol is to be called upon to perform these emergency
duties, it must be given protection consistent with the risks
involved.
Beverage Regulations: The Beverage Department has re-
organized and greatly improved the system of enforcement.
In conformance with state law the department has required
its licensees to eliminate vice and gambling from the places
where alcoholic beverages are sold. The number of federally
licensed slot machines in Florida consequently has been
reduced from 18,000 to 400. The repeal of the law which
authorizes the operation of coin amusement devices would
go far toward driving the remaining slot machines out of
places which are not licensed to sell alcoholic beverages.
Motor Vehicle Registration: Accurate and easily accessible
records of automobile licenses and titles are essential to the
Highway Patrol, the sheriffs and other enforcement officers.
The Motor Vehicle Department has been effective in reducing
automobile thefts but the rapidly increasing number of
vehicles has doubled the demand for efficient service. The
Department is seriously handicapped by lack of space but
the congestion should soon be relieved.
I suggest that, from the standpoint of advertising and
good will, it may be well to reduce the cost of house trailer
licenses.
Racing Inspection: Enforcement of Laws in connection
with Racing and Jai Alai is at a high level.
Hotel Inspection: The Hotel Commission has made strides
in advancing the cause of safety and sanitation. A vast
amount of work must yet be done to reach the standards
our visitors have a right to expect.
National Guard: The Florida National Guard has been
reorganized under a broad Federal plan which calls for greatly
expanded personnel and equipment. The value of the Guard,
as a part of the national defense and a vital force in aid
of the civil authority, need not be argued. Measures designed
to encourage this organization and enhance its training
and efficiency merit consideration.

VETERANS
Veterans Commission: The Veterans Commission, estab-
lished by the 1945 Legislature, has been organized, with all
members and key officials taken from the ranks of ex-
service men, and is rendering efficient service.
Compensation: The Industrial Commission administers the
Federal law relating to compensation of veterans who are
unemployed and self-employed but earning less than $100
a month. Abuses have been largely eliminated and those
entitled to benefits are receiving prompt attention. Pay-
ments to veterans have dropped from a peak last year of
about $2,500,000 to approximately $1,500,000 a month.



Apprenticeship: Provisions by the Apprenticeship Council
for classroom instruction to supplement shop training have
proved reasonably satisfactory.



JOURNAL OF THE HOUSE OF REPRESENTATIVES















Employment: Veterans are given preference in employ-
ment by State departments. Hundreds have been so em-
ployed and many occupy key positions.
ADVERTISING
The Advertising Commission, organized under the 194f-
Act, has launched an extensive program of paid advertising,
publicity and pictures. Some 250,000 potential visitors, new
citizens and investors have been sent requested information.
The wisdom of advertising has been demonstrated. Other
areas are making strong bids for a greater part of the tourist
business and we must compete actively to hold our own
and extend earnings from this source.
During 1946 some 600 new industries, large and small,
were started in Florida, and, per capital, our State led the
nation in the number of corporation charters granted. The
advertising program and the cooperative work of civic and
private interests played a big part in this industrial growth.
PUBLIC WORKS
Highways: The State Road Department has a budget of
$54,000,000 for 1947. Every dollar prudently spent on high-
ways, roads, streets and bridges will earn quickly a dividend
equal to the investment.
No part of the road program is being neglected. Close at-
tention is being given the system of Interstate Highways,
which should become express ways with limited access and
divided lanes, and to farm-to-market roads. The Depart-
ment is working on the handling of growing traffic through
large centers of population. Rights-of-way should be made
wider. Shoulders should be graded and curves and inter-
sections so designed as to reduce loss of life from accidents.
The development of an efficient system of highways should
be expedited with full encouragement.
Building: The primary function of the State Improve-
ment Commission is to provide the technical advice and
assistance necessary to a broad program of repair and new
construction. The needs were carefully surveyed and the
projects integrated into a single program under one re-
sponsible head. This plan relieved the Board of Commis-
sioners of the burden of technical detail and provided for
the business-like execution of the program.

The Board of Commissioners has allocated from the Build-
ing Fund the following sums:

University of Florida, Gainesville:
For cafeteria, gymnasium-auditorium, library
additions, infirmary, chemistry laboratory,
housing, sewage disposal, temporary housing
and overhauling of utilities .................... ......... $9,107,400.00
Florida State College for Women, Tallahassee:
Dormitory, dormitory reconstruction, physical
education building, history building, Army
housing unit ..... ............. ........................ 3,645,940.00
Agricultural and Mechanical College for Negroes,
Tallahassee:
Hospital, housing, new dormitory, library, cafe-
teria, central heating ......---------....... -......................... 2,300,400.00
School for Deaf and Blind, St. Augustine:
Science building, administration building, cold
storage, primary unit, dormitory, library and
classroom building, laundry, utilities ................ 1,328,080.00
Industrial School for Boys, Marianna:
Major repairs, school, four cottage dormitories 288,408.00
State Hospital-Chattahoochee and Arcadia:
General repairs, sewage disposal plant, infirm-
ary, housing, additions to dining hall and
wards, two new ward buildings ........................ 1,822,384.00

Farm Colony for Feeble Minded, Gainesville:
Repairs and reconditioning .................................... 188,732.00



Prisons-Raiford and Belle Glade:
Repairs, meat processing and cold storage,
road sign plant, kitchen addition, chapel and



Experiment Stations: .................................................. 669,400.00
Farmers Markets and Sales Rings: ........................ 206,872.00
State Board of Health, Jacksonville:
Repairs and alterations ....-.....................- ........... 58,000.01?
Tuberculosis Sanitoria:
Conversion of Marianna and Drew Field ............ 112,200.00
Armories: Planning ................................................. 2,000.00
State Parks: Acquisition of surplus lands ............ 179,300.00
Everglades National Park:
Acquisition of lands ...................-........ ............... 500,000.00
Capitol South Wing: ..................--------... ------......... 600,000.00
supreme Court Building Site: .............................. ..... 214,000.00
Supreme Court Building: .................... .................. 1,305,000.00
Capitol Center: Planning .......................--- ............ . 10,000.00

The institutions above referred to should have additional
facilities estimated as follows:
University:
Engineering building and shops, agriculture
building, agricultural-engineering building,
physics building and other facilities ................ 7,937,625.00
Florida State College for Women:
Auditorium, dormitory, demonstration school,
science building and other facilities .................... 5,129,500.00
Agricultural and Mechanical College for Negroes:
To complete hospital, science buildings, and
extend utilities ...-----------------......... .................. 1,382,000.00
School for Deaf and Blind:
Two dormitories, industrial training shops and
completion of reconditioning ................................1,270,000.00
Industrial School for Boys:
Reconditioning and extension of utilities,
training shops, staff housing, modern dairy,
two dormitories and laundry ............................ 400,000.00
State Hospital-Chattahoochee and Arcadia:
Tuberculosis wards, hospital, modernization of
utilities, improvement of dining and other
facilities ........................................ .................. 3,000,000.00
Farm Colony for Feeble Minded:
Staff housing, eight new ward buildings, din-
ing hall, additions to hospital, new school build-
ing, gymnasium and utilities ................................ 1,500,000.00
Prisons:
First units (utilities, kitchen and
dining room, administration
building, shops, infirmary and
dormitories) of First Offenders
Prison .........-------.-----...................$1,500,000.00
Industrial School for White
Girls, Industrial School for Ne-
gro Girls, Prison for White
Women, Prison for Negro
Women --.---...------..--- 3,230,000.00 4,730,000.00
Experiment Stations: To complete projects ........ 350,000.00
Farmers Markets and Sales Rings:
To complete system ........................................... 200,000.00
State Board of Health: New building .................... 1,400,000.00
Tuberculosis Sanitoria:
(Recommended by Tuberculosis Board) New
hospitals in southeastern and northeastern
areas of State, additions at Orlando Hospital
and permanent buildings at Marianna and
Drew Fields .---------------............................................................ 6,490,000.00
Armories: To match construction funds ................ 500,000.00



State Parks: For Park facilities ................................ 500,000.00



April 8, 1947



JOURNAL OF THE HOUSE OF REPRESENTATIVES












JOURNAL OF THE HOUSE



Everglades National Park:
To complete land acquisition ....----..--....--.-......---. 1,500,000.00
Capitol:
To modernize and fire proof central portion.... 1,000,000.00
Surplus Properties: Valuable properties consisting of land,
buildings, utilities, surplus materials and equipment have
been obtained, generally at no cost, through the Improvement
Commission. Examples are the Marianna and Drew Fields,
which have been activated as tuberculosis sanitoria, and
Dorr and Carlstrom Fields, which have been made a part of
the State Hospital system.
Self-liquidating Projects: The authority of the Improve-
ment Commission to finance self-liquidating facilities has
been used in connection with the new Industrial Commis-
sion building, which will be paid for from rentals, largely
derived from Federal sources. Several counties have sub-
mitted proposals, now being considered, to use the facili-
ties of the Improvement Commission to finance bridges and
roads.
Hospital Construction: The Improvement Commission has
undertaken a survey of hospital facilities and needs through-
out the State as an essential step in aiding the units of
local government in qualifying for Federal aid.
Aviation: By avoiding hasty action in regulation and taxa-
tion, Florida has encouraged rapid development of aviation.
The Improvement Commission, acting through its Aviation
Director, has made valuable contributions to State-wide
planning of uniform air marketing and coordination of air-
port facilities into a useful system.
The question of State or municipal administration, under
the Federal Airport Act, is not an easy one to decide. Co-
operation between State and local units of government has
proved beneficial in other fields. The municipalities may
find that the State government can be useful in channeling
uniform representations and otherwise negotiating with the
Federal government. A united front in handling the com-
plex questions of this program would strengthen Florida's
position.
LABOR AND INDUSTRY
Employment Security: The recent return to the State of
the Employment Service was followed by an integration of
its functions with the Unemployment Compensation division
and consequent reductions in personnel. The service has
been made effective and is constantly improving although it
is handicapped because housing facilities do not permit the
coordination of the effort under one roof. The new Indus-
trial Commission building will provide adequate space and
properly designed facilities for more efficient operation.
Suggested amendments to the Unemployment Compensa-
tion law have been discussed at open hearings throughout
the State and are worthy of consideration. It is proposed
that, since Florida's reserve in the Federal Treasury now
exceeds $67,000,000, the rate be further reduced and the
war-time "expanded payroll" provision repealed. Encourage-
ment to growing industry helps maintain payrolls at high
levels and stimulates trade.
Workmen's Compensation: The addition, in 1945, of oc-
cupational diseases to Workmen's Compensation coverage has
imposed an important new function upon the Industrial Com-
mission. The Commission, under the Industrial Hygiene pro-
gram, has drafted regulations designed to reduce the haz-
ards of occupational diseases. A parallel program to reduce
the risks of industrial accidents is planned. Both efforts
are designed to benefit labor and management alike and
both are important to the economic health of the State.
AGRICULTURE
Experimentation: Effective work in developing more pro-
ductive strains, combatting diseases and pests, improving
farm and grove practices and processing has many times
repaid its cost by increasing revenue from all phases of
agriculture. The State has provided some necessary new
buildings and has raised salaries to hold expert personnel.
Experimental work should be expanded.



Farmers Markets: The system of Farmers Markets has



E OF REPRESENTATIVES April 8, 1947


been extended and auction rings have been authorized, at
the University, Quincy, Bartow, Orlando and Belle Glade,
which also will be used for live stock shows and regional
meeting places for farmers.
Live Stock: Tick eradication has presented the Live Stock
Sanitary Board with its most difficult problem. The rein-
festation in the Everglades area is a menace to the industry
and must be corrected. One question to be settled by the
Legislature is the amount to be paid owners for dipping.
The law requires that the State pay half the cost, which,
under the original program, was 6 cents and now is esti-
mated at twenty. The Budget Commission recommends the
payment of 10 cents a head.
Citrus: The Citrus industry is entitled to the full sup-
port of every section of the State. Its present difficulties
can be solved only by those who know most about the busi-
ness. It is recommended that the Legislature carefully con-
sider remedial proposals.
INTERGOVERNMENTAL RELATIONS
State-Federal: Efforts are now being made to persuade
the Congress to reserve certain tax sources to the States.
The effectuation of such a course would narrow the fields
of taxation for both the Federal government and the States
but it would eliminate double taxation, simplify the tax-
payers' problems and reduce the cost of administration. At
a recent meeting between the Executive Committee of the
Governors' Conference, the Committee on Ways and Means
of the House and the Committee on Finance of the Senate,
it was agreed that a joint study be made leading to specific
recommendations.
The tendency on the part of the States to call upon the
Federal Government for indiscriminate assistance is de-
structive of sound policy and efficient management. Each
State should assume the responsibility for its own needs
except where such needs are obviously national in scope.
State-Local: Just as the States have looked to the Federal
Government for support, so are the counties and municipali-
ties throughout the country now looking to the States for
support. The demands are usually modest in the beginning
but, where the practice has been started, they have grown
rapidly. In some States, more than half of all State reve-
nues are allocated to municipalities for operational expense.
Florida should follow the sounder policy of preserving to
local government maximum freedom in administration with
full responsibility for levying taxes and expending funds.
It is desirable, however, that the fields of taxation between
the State and local governments be more clearly defined.

HOSPITAL AID, RENT CONTROL, COMMUNITY
PROPERTY
Careful consideration should be given to legislation neces-
sary to meet the requirements of the Federal Hospital Aid
program.
Rent control legislation, to be effective only in emergen-
cies and when no Federal control exists, should be con-
sidered.
It is urged that attention be given to the many advantages
of community property laws.
CONSTITUTIONAL REVISION
The State Constitution should be amended or revised to
meet the requirements of education, taxation, the judiciary
and certain other phases of government. It should be made
to provide clearly for filling the office of Governor in the
event of a vacancy and for the payment of fair compensation
to members of the Legislature. The revision should be ac-
complished expeditiously and with great care.
FINANCE AND TAXATION
Tax Survey: The Citizens Tax Committee of 14 respon-



sible Florida citizens, selected with regard to geographic and
economic distribution, has carefully surveyed the tax struc-
ture of the State and submitted a considered report for
the information of the Legislature. The Committee is to
be commended for its unselfish devotion to the service of
the State.
















Accounting: The confusion incident to the "Five Funds"
Act of the 1945 Legislature, designed to simplify and cor-
rect defects in State accounting, has continued until re-
cently. The Comptroller, Treasurer, State Auditor and Bud-
get Director, working together, have untangled the snarls
and are now able to present a reasonably accurate picture
of the State financial condition. They have evolved a system
under which the funds are more logically classified. This
forward step will increase efficiency and promote business-
like management.
Budgeting: The appointment of a Budget Director, under
the 1945 Act, has resulted in improved budgeting and manage-
ment of expenditures. The Budget Commission has prepared
and submitted for your consideration a more comprehensive
and adequate Budget of recommended appropriations than
would otherwise have been possible.
Central Purchasing: I renew the recommendation made
to the 1945 Legislature. that a central purchasing agency be
established. It may be created as a separate agency, or if
that course is not desired, made a function of the Im-
provement Commission, which has served well in the ac-
quisition of surplus goods. Central purchasing should effect
substantial savings.

Retirement: The confusing and conflicting provisions of
the several Acts relating to the retirement of public offiCials
and employees should be corrected.

Insurance Companies: The Congress, under the McCar-
ran Act, restored insurance company regulation to the
States, but, to whatever extent the State laws do not apply,
Federal regulations will control. I urge that appropriate
State laws be enacted to cover the situation.

Tax Assessments: The Citizens Tax Committee has recom-
mended the creation of a Tax Commission. It is apparent
that only such an agency can provide effective means of
insuring fair and equitable tax assessments. I recommend
approval of a Constitutional Amendment creating a Tax
Authority.

Efficiency: Every effort has been made to increase ef-
ficiency and reduce administrative costs.

Two separate merit system councils were consolidated to
serve four agencies. The Motor Vehicle and Beverage De-
partments have materially reduced the proportion of income
expended for administration.

The Comptroller and Industrial Commission have devised
a plan to handle thousands of checks monthly at a saving
of all the postage and mailing costs and much of the ad-
ministrative expense. Similar plans are being devised to
reduce the cost on Welfare checks and to effect other savings.

Appropriations: It is estimated, on the basis of currently
levied taxes and receipts, plus the balance carried over, that
funds available for general expense in the next biennium
will approximate $145,000,000. The general budget, aggregat-
ing $112,600,000 as submitted, should have first priority
against those funds. An operating reserve of $10,000,000
should have second priority. Approximately $10,000,000 for
certain essential building at the institutions should next be
provided. Any appropriations exceeding the amount esti-
mated to be available for the biennium must be accompanied
by measures to raise the necessary revenue.

The recommendations approved by the Budget Commis-
sion are generally below the amounts deemed necessary by
the services affected, but they are considered sufficient to
meet the essential demands. The Commission did not antici-
pate the probable action of the Legislature on the report of
the Citizens Committee on Education calling for additional
State aid.

Other recommendations have been made by various groups
of citizens, officials and local units of government, none of



which is covered by the Budget report.



Tax Policy: The Citizens Tax Committee has recom-
mended, as a matter of policy, that the tax burdens be
equalized by suggested adjustments and that the State aban-
don certain fields of taxation to local units of government.

It is my view that all revenue from the tax on gasoline
should be devoted to highways.

I have reluctantly concluded that these steps, although
admittedly desirable, can be taken only if State expendi-
tures are heavily curtailed or the adjusted and abandoned
revenue sources are compensated for by other levies.

The proposal that the payroll tax for Unemployment Com-
pensation be reduced is an exception because that will not
affect the General Revenue fund.


FLORIDA'S FUTURE

The building of a State is a task that will never be
finished. As we solve the old problems new ones develop.
Our job is to do our part toward achievement and we can,
if we wish it, make certain the day when our people are well
educated and in good health, our custodial institutions models
of civilized care and enlightened treatment, gambling and
racketeering cleaned up, juvenile delinquency reduced to
the vanishing point, and when we can drive over modern
express highways, enjoying to the fullest a view of wide at-
tractively planted rights-of-way and a countryside unblem-
ished by trashy structures and unsightly billboards.

We can preserve for future generations the State's great
natural wealth in soil, forests, game, fish and fresh water.
We can protect our beaches from erosion, and our rivers,
bays and lakes from contamination.

We can, by unceasing attention, have our governmental
functions skillfully classified and integrated with an avoid-
ance of waste and duplication and with a maximum of ef-
fectiveness in the service of our citizens.

These and other worthwhile accomplishments are ours, if
we are willing to work for them.


CONCLUSION
What progress has been made in the first half of this
administration is in large measure due to the forthright
action of the 1945 legislative membership and to the unselfish
service of the administrative officers of the State. My
colleagues on the State Cabinet have unstintingly given of
their time and energy and I wish at this time to pay tribute
to them and express the gratitude they so richly deserve.

To the Members of the 1947 Florida Senate and House
of Representatives, I wish to say that we of the Executive
branch of Government, and the facilities and personnel of
our offices, are at your service.

The 1947 session will, I am confident, make significant
progress and be recorded in history as a constructive and
farseeing assembly. There are great things to be done but
you have in your membership the courage, the resourceful-
ness, the unselfish spirit, the energy and the will to do.

Future generations will derive great benefits from your
service and will have just cause to honor you for your
accomplishments.

Florida's future is in your hands.


THE PRESIDENT OF THE SENATE IN THE CHAIR
Senator Beacham moved that the joint assembly do now



dissolve, and the Senate resume its session in the Senate



April 8, 1947



JOURNAL OF THE HOUSE OF REPRESENTATIVES













JOURNAL OF THE HOUSE OF REPRESENTATIVES



April 8, 1947



Chamber, which was agreed to and the Senate retired to the
Senate Chamber.
The House was called to order by the Speaker at 4:05
P. M.
The roll was called and the following members answered
to their names:



Mr. Speaker
Akerman
Alexander
Andrews
Baker
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed



Burton
Camp
Carraway
Carter
Clark, C. L.
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney



Crews
Davis
Dayton
Dekle
Dowda
Drummond
Dunn
Elliott
Floyd
Fuqua
Gautier
Gilmore



Hardin
Hawkins
Hendry
Hethcox
Home
Hough
Howell
Ingraham
Jenkins
Johnson
Kelly
Lantaff



Luckie
MacWilliam
Martin
McAlpin
McClure
McKendree
McKenzie
McMullen
Melvin
Merritt
Midyette
Moore



Morgan Schuh
Morrow Sellar
Odham Shepperd
Oelkers Simpson
Papy Smith, J. S.
Peacock, J. T. Smith, L. W.
Peacock, J. R. Smith, M. B.
Peeples Smith, R. C.
Potter Stewart
Roberts Stirling
Rowell Stokes
Saunders Strayhorn



Tapper
Taylor
Usina
Wainwright
Walton
Williams, G. K.
Williams, J. J.
Wilson
Wotitzky
Yeomans



A quorum present.
Mr. Collins moved that the House do now adjourn to
reconvene at 10:00 A. M. tomorrow morning.
Which was agreed to.
Thereupon at the hour of 4:16 P. M., the House stood
adjourned until 10:00 A. M. tomorrow morning.



12
















JOURNAL OF THE HOUSE OF REPRESENTATIVES



WEDNESDAY, APRIL 9, 1947



The House was called to order by the Speaker at 10:00
A. M. The roll was called and the following members
answered to their names:



Crews
Davis
Dayton
Dekle
Dowda
Drummond
Dunn
Elliott
Floyd
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Hough
Howell
Ingraham
Jenkins
Johnson
Kelly
Lantaff
Luckie
MacWilliam
present.



Martin
McAlpin
McClure
McKendree
McKenzie
McMullen
Melvin
Merritt
Midyette
Moore
Morgan
Morrow
Murray
Odham
Oelkers
Papy
Peacock, J. T.
Peacock, J. R.
Peeples
Potter
Roberts
Rowell
Saunders
Schuh



Sellar
Shepperd
Simpson
Smith, J. S.
Smith, L. W.
Smith, M. B.
Smith, R. C.
Stewart
Stirling
Stokes
Strayhorn
Tapper
Taylor
Usina
Wainwright
Walton
Williams, G. K.
Williams, J. J.
Wilson
Wotitzky
Yeomans



The Speaker announced that he had excused Mr. Hendry,
of Okeechobee, from attendance upon the sessions for the
balance of the week; and also Mr. Horne of Madison upon
the session for today.

Prayer was offered by the Chaplain.

The reading of the Journal was dispensed with.

The Journal for Tuesday, April 8, was corrected and as
corrected was approved.
The Speaker announced the appointment of the following
standing committees:

COMMITTEE ON AGRICULTURE

Bronson of Osceola, Chairman; Johnson of Gadsden, Vice
Chairman; Brown of Sumter, Camp of Marion, Drummond
of Gilchrist, Dunn of Dixie, Gilmore of Suwannee, Hawkins
of Volusia, Hethcox of Lake, Howell of Lafayette, Melvin
of Santa Rosa, Odham of Seminole, Peacock of Jackson,
Potter of Washington, Saunders of St. Lucie, Simpson of
Jefferson, Stirling of Broward, Wilson of Columbia, Yeoman
of Citrus.

COMMITTEE ON ALCOHOLIC BEVERAGES
Morgan of Duval, Chairman; Smith of. Seminole, Vice
Chairman; Barnhill of Okaloosa, Botts of Escambia, Clark
of Calhoun, Elliott of Palm Beach, Johnson of Gadsden,
MacWilliam of Indian River, McAlpin of Hamilton, Mc-
Mullen of Hillsborough, Oelkers of Dade, Papy of Monroe,
Peeples of Glade, Sellar of Lake, Simpson of Jefferson, Smith,
Lisle, of Polk, Stokes of Bay, Taylor of Hardee, Usina of St.
Johns, Hendry of Okeechobee.
COMMITTEE ON AVIATION
Gautier of Dade, Chairman; Merritt of Escambia, Vice
Chairman; Akerman of Orange, Barnhill of Okaloosa, Clark
of Jackson, Cobb of Orange, Cook of Flagler, Fuqua of Man-
atee, Martin of Hillsborough, Midyette of Leon, Morgan of
Duval, Papy of Monroe, Usina of St. Johns, Wilson of Columbia.



Mr. Speaker
Akerman
Alexander
Andrews
Baker
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Carter
Clark, C. L.
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
A quorum



13



COMMITTEE ON BANKS AND LOANS
Stewart of Hendry, Chairman; Smith, Lisle, of Polk, Vice
Chairman; Bronson of Osceola, Crews of Duval, Horne of
Madison, Hough of Lee, Jenkins of Alachua, Johnson of
Gadsden, Kelly of Collier, Midyette of Leon, Papy of Mon-
roe, Roberts of Brevard, Smith of Clay, Taylor of Hardee,
Williams of Hernando.

COMMITTEE ON BUILDING AND LOAN
ASSOCIATION
Merritt of Escambia, Chairman; Home of Madison, Vice
Chairman; Andrews of Union, Crews of Duval, Dowda of
Putnam, Jenkins of Alachua, Midyette of Leon, Sellar of Lake,
Smith, Lisle, of Polk, Wilson of Columbia, Stirling of Broward.

COMMITTEE ON CENSUS AND APPORTIONMENT
Home of Madison, Chairman; Branch of Hillsborough,
Vice Chairman; Brown of Sumter, Burton of Brevard,
Courtney of Bay, Elliott of Palm Beach, Gilmore of Suwannee,
Howell of Lafayette, Smith of Seminole, Wotitzky of Char-
lotte, Yeoman of Citrus.

COMMITTEE ON CITIES AND TOWNS
Luckie of Duval, Chairman; Hough of Lee, Vice Chair-
man; Akerman of Orange, Bryant of Marion, Burnsed of
Baker, Dayton of Pasco, Hardin of Manatee, Hethcox of
Lake, Jenkins of Alachua, McClure of Pinellas, Rowell of
Martin, Walton of Broward, Yeomans of Citras.

COMMITTEE ON CITRUS
Saunders, D. H. of St. Lucie, Chairman; Cobb of Orange,
Vice Chairman; Camp of Marion, Clement of Pinellas, Dowda
of Putnam, Fuqua of Manatee, Hawkins of Volusia, Heth-
cox of Lake, MacWilliam of Indian River, Martin of Hills-
borough, Moore of Highland, Odham of Seminole, Roberts of
Brevard, Smith, Lisle, of Polk, Stirling of Broward, Taylor
of Hardee.

COMMITTEE ON CLAIMS AND STATE PENSIONS
Oelkers of Dade, Chairman; Botts of Escambia, Vice Chair-
man; Alexander of Wakulla, Baker of Liberty, Clark of
Calhoun, Martin of Hillsborough, McKenzie of Levy, Mid-
yette of Leon, Morgan of Duval, Peeples of Glades, Shepherd
of St. Johns, Smith, Raymond of Polk, Stewart of Hendry.

COMMITTEE ON COMMERCE AND RECIPROCAL TRADE
Hendry of Okeechobee, Chairman; Oelkers of Dade, Vice
Chairman; Branch of Hillsborough, Crews of Duval, Dowda
of Putnam, Gilmore of Suwannee, Midyette of Leon, Smith
of Seminole.

COMMITTEE ON CONSTITUTIONAL AMENDMENTS
Clement of Pinellas, Chairman; Floyd of Franklin, Vice
Chairman; Bryant of Marion, Burnsed of Baker, Cobb of
Orange, Crews of Duval, Dunn of Dixie, Gautier of Dade, Jen-
kins of Alachua, Martin of Hillsborough, Melvin of Santa
Rosa, Morrow of Palm Beach, Murray of Polk, Sellar of Lake,
Smith of Clay, Strayhorn of Lee, Papy of Monroe.
COMMITTEE ON COUNTY OFFICIALS
Carter of Alachua, Chairman; Dayton of Pasco, Vice Chair-
man; Akerman of Orange, Baker of Liberty, Brown of Sumter,
Burton of Brevard, Hardin of Manatee, Hawkins of Volusia,
Hethcox of Lake, Papy of Monroe, Peacock of Sarasota, Schuh
of Pinellas, Strayhorn of Lee, Wainwright of Bradford. Walton
of Broward, Williams of Holmes, Yeomans of Citrus













JOURNAL OF THE HOUSE



COMMITTEE ON DRAINAGE AND WATER
CONSERVATION
Peeples of Glades, Chairman; Hardin of Manatee, Vice
Chairman; Branch of Hillsborough, Bronson of Osceola,
Bryant of Marion, Cobb of Volusia, Elliott of Palm Beach,
Gautier of Dade, Johnson of Gadsden, Kelley of Collier, Mc-
Kendree of Nassau, Papy of Monroe, Roberts of Brevard,
Stewart of Hendry, Stirling of Broward, Taylor of Hardee.
COMMITTEE ON EDUCATION "A"
McMullen of Hillsborough, Chairman; Tapper of Gulf, Vice
Chairman; Botts of Escambia, Bryant of Marion, Burnsed of
Baker, Carraway of Leon, Carter of Alachua, Collins of Sara-
sota, McClure of Pinellas, McKenzie of Levy, Melvin of Santa
Rosa, Morrow of Palm Beach, Murray of Polk, Oelkers of
Dade, Rowell of Martin, Simpson of Jefferson, Walton of
Broward, Wotitzky of Charlotte.
COMMITTEE ON EDUCATION "B"
Elliott of Palm Beach, Chairman; Hethcox of Lake, Vice
Chairman; Brown of Sumter, Burton of Brevard, Davis of
Gadsden, Dayton of Pasco, Hough of Lee, Lantaff of Dade,
McAlpin of Hamilton, Midyette of Leon, Morgan of Duval,
Odham of Seminole, Saunders of St. Lucie, Schuh of Pinellas,
Wainwright of Bradford, Williams of Holmes.
COMMITTEE ON ELECTIONS
Stokes of Bay, Chairman; Strayhorn of Lee, Vice Chair-
man; Akerman of Orange, Burton of Brevard, Carraway of
Leon, Collins of Sarasota, Fuqua of Manatee, MacWilliams of
Indian River, McClure of Pinellas, McMullen of Hillsborough,
Sellar of Lake, Smith of Seminole.
COMMITTEE ON ENGROSSED BILLS
Barnhill of Okaloosa, Chairman; Baker of Liberty, Vice
Chairman; Clark of Jackson, Davis of Gadsden, Dunn of
Dixie.
COMMITTEE ON ENROLLED BILLS
Ingraham of DeSoto, Chairman; Davis of Gadsden, Vice
Chairman; Drummond of Gilchrist, Hardin of Manatee, Hawk-
ins of Volusia.
COMMITTEE ON EXECUTIVE COMMUNICATIONS
Stirling of Broward, Chairman; Hawkins of Volusia, Vice
Chairman; Clark of Calhoun, Floyd of Franklin, Luckie of
Duval, Stewart of Hendry, Wotitzky of Charlotte.
COMMITTEE ON FINANCE AND TAXATION
Murray of Polk, Chairman; Martin of Hillsborough, Vice
Chairman; Andrews of Union, Botts of Escambia, Burnsed of
Baker, Clark of Calhoun, Cobb of Orange, Collins of Sarasota,
Fuqua of Manatee, Howell of Lafayette, Jenkins of Alachua,
Kelly of Collier, MacWilliam of Indian River, McKendree of
Nassau, Midyette of Leon, Morgan of Duval, Odham of Semi-
nole, Oelkers of Dade, Roberts of Brevard, Sellar of Lake,
Smith of Clay, Stewart of Hendry.
COMMITTEE ON FISH AND GAME
Midyette of Leon, Chairman; Dowda of Putnam, Vice
Chairman; Alexander of Wakulla, Baker of Liberty, Bronson
of Osceola, Burnsed of Baker, Drummond of Gilchrist, Hardin
of Manatee, Hendry of Okeechobee, Home of Madison, Kelly
of Collier, McKendree of Nassau, Morrow of Palm Beach,
Peeples of Glades, Potter of Washington, Simpson of Jefferson,
Stewart of Hendry, Strayhorn of Lee, Usina of St. Johns,
Wotitzky of Charlotte.
COMMITTEE ON FORESTRY, LUMBER AND
NAVAL STORES
McKenzie of Levy, Chairman; Dunn of Dixie, Vice Chairman;
Bronson of Osceola, Brown of Sumter, Burton of Brevard,
Clark of Jackson, Dowda of Putnam, Hawkins of Volusia,
Howell of Lafayette, Jenkins of Alachua, Tapper of Gulf.
COMMITTEE ON GENERAL APPROPRIATIONS



Simpson of Jefferson, Chairman; Papy of Monroe, Vice
Chairman, Bronson of Osceola, Bryant of Marion, Carraway



E OF REPRESENTATIVES April 9, 1947


of Leon, Carter of Alachua, Clement of Pinellas, Cobb of
Orange, Davis of Gadsden, Dowda of Putnam, Elliott of Palm
Beach, Lantaff of Dade, MacWilliam of Indian River, McKenzie
of Levy, McMullen of Hillsborough, Melvin of Santa Rosa,
Morgan of Duval, Shepperd of St. Johns, Smith, Raymond of
Polk, Tapper of Gulf, L. W. Smith of Polk.
COMMITTEE ON HOTELS AND INN-KEEPERS
Potter of Washington, Chairman; Moore of Highlands, Vice
Chairman; Baker of Liberty, Elliott of Palm Beach, Kelly of
Collier, MacWilliam of Indian River, McAlpin of Hamilton,
McKendree of Nassau, Saunders of St. Lucie, Strayhorn of Lee,
COMMITTEE ON INSURANCE
Cobb of Orange, Chairman; Midyette of Leon, Vice Chair-
man; Cobb of Volusia, Cook of Flagler, Dekle of Taylor,
Hough of Lee, Jenkins of Alachua, Luckie of Duval, Melvin
of Santa Rosa, Merritt of Escambia, Simpson of Jefferson,
Smith of Clay, Wainwright of Bradford, Wilson of Columbia.

COMMITTEE ON JUDICIARY "A"
Morrow of Palm Beach, Chairman; Bryant of Marion, Vice
Chairman; Botts of Escambia, Burnsed of Baker, Carter of
Alachua, Cook of Flagler, Floyd of Franklin, Fuqua of Manatee,
Gautier of Dade, Johnson of Gadsden, Luckie of Duval, Martin
of Hillsborough, Melvin of Santa Rosa, Murray of Polk, Stokes
of Bay.
COMMITTEE ON JUDICIARY "B"
Dowda of Putnam, Chairman; Lantaff of Dade, Vice Chair-
man; Branch of Hillsborough, Clement of Pinellas, Crews of
Duval, Drummond of Gilchrist, Dunn of Dixie, Hawkins of
Volusia, Horne of Madison, Hough of Lee, McMullen of
Hillsborough, Moore of Highlands, Smith of Clay, Smith,
Raymond of Polk, Strayhorn of Lee, Walton of Broward,
Williams of Hernando.

COMMITTEE ON JUDICIARY "C"
Sellar of Lake, Chairman; McClure of'Pinellas, Vice Chair-
man; Cobb of Orange, Collins of Sarasota, Johnson of Gads-
den, Peeples of Glade, Stewart of Hendry.
COMMITTEE ON JUDICIARY "D"
Carraway of Leon, Chairman; Akerman of Orange, Vice
Chairman; Morgan of Duval, Oelkers of Dadz, Tapper of Gulf.
COMMITTEE ON LABOR
Johnson of Gadsden, Chairman; Alexander of Wakulla, Vice
Chairman; Akerman of Orange, Baker of Liberty, Branch of
Hillsborough, Camp of Marion, Clark of Jackson, Courtney
of Bay, Dowda of Putnam, Howell of Lafayette, Ingraham of
DeSoto, Merritt of Escambia, Moore of Highlands, Odham of
Seminole, Schuh of Pinellas, Shepperd of St. Johns.
COMMITTEE ON LEGISLATIVE EXPENSE
Davis of Gadsden, Chairman; Howell of Lafayette, Vice
Chairman; Barnhill of Okaloosa, Carraway of Leon, Fuqua
of Manatee, McClure of Pinellas, Murray of Polk, Peacock of
Sarasota, Potter of Washington, Stirling of Broward, Usina
of St. Johns, Wainwright of Bradford.
COMMITTEE ON LIVESTOCK
Clark of Calhoun, Chairman; Bronson of Osceola, Vice
Chairman; Andrews of Union, Burton of Brevard, Camp of
Marion, Davis of Gadsden, Dekle of Taylor, Drummond of Gil-
christ, Dunn of Dixie, Gilmore of Suwannee, Hethcox of Lake,
Howell of Lafayette, McAlpin of Hamilton, Peacock of Jack-
son, Peeples of Glades, Potter of Washington, Rowell of Martin,
Saunders of St. Lucie, Smith, Lisle, of Polk, Williams of
Holmes, Yeomans of Citrus.
COMMITTEE ON MILITARY AND VETERANS AFFAIRS
Smith, Lisle, of Polk, Chairman; Wilson of Columbia, Vice



Chairman; Baker of Liberty, Botts of Escambia, Bryant of
Marion, Burnsed of Baker, Carter of Alachua, Cobb of Volusia.
Courtney of Bay, Ingraham of DeSoto, Lantaff of Dade, Mc-
Clure of Pinellas, Moore of Highland, Morrow of Palm Beach,
Odham of Seminole, Sellar of Lake, Smith of Clay, Wainwright
,of Bradford, Yeomans of Citrus.













JOURNAL OF THE HOUSE



COMMITTEE ON MISCELLANEOUS LEGISLATION
McKendree of Nassau, Chairman; Burnsed of Baker, Vice
Chairman; Dayton of Pasco, Ingraham of DeSoto, Johnson
of Gadsden, Luckie of Duval, Martin of Hillsborough, Peacock
of Jackson, Rowell of Martin, Schuh of Pinellas, Tapper of
Gulf, Usina of St. Johns, Williams of Hernando, Williams of
Holmes.

COMMITTEE ON MOTOR VEHICLES AND CARRIERS
Jenkins of Alachua, Chairman; Smith of Clay, Vice Chair-
man; Clark of Calhoun, Cobb of Volusia, Collins of Sara-
sota, Dekle of Taylor, Elliott of Palm Beach, Hethcox of
Lake, Hough of Lee, Ingraham of DeSoto, McKendree of
Nassau, McKenzie of Levy, McMullen of Hillsborough, Moore
of Highlands, Odham of Seminole, Oelkers of Dade, Tapper
of Gulf, Wainwright of Bradford.
COMMITTEE ON OILS
Kelly of Collier, Chairman; Camp of Marion, Vice Chair-
man; Bronson of Osceola, Collins of Sarasota, Jirridin of
Manatee, McClure of Pinellas, McKenzie of Levy' Smith,
Raymond, of Polk, Stirling of Broward.
COMMITTEE ON PERSONNEL
Andrews of Union, Chairman; Courtney of Bay, Vice
Chairman; Alexander of Wakulla, Martin of Hillsborough,
McAlpin of Hamilton, Oelkers of Dade, Shepperd of St.
Johns.
COMMITTEE ON PHOSPHATES AND MINERALS
Martin of Hillsborough, Chairman; Drummond of Gil-
christ, Vice Chairman; Alexander of Wakulla, Branch of
Hillsborough, Camp of Marion, McClure of Pinellas, Murray
of Polk, Peacock of Sarasota, Usina of St. Johns.
COMMITTEE ON PUBLIC AMUSEMENTS
MacWilliam of Indian River, Chairman; Schuh of Pinellas,
Vice Chairman; Collins of Sarasota, Crews of Duval, Elliott
of Palm Beach, Hendry of Okeechobee, Johnson of Gadsden,
Kelly of Collier, Lantaff of Dade, McMullen of Hillsborough,
Roberts of Brevard, Sellar of Lake, Shepperd of St. Johns,
Simpson of Jefferson, Smith of Clay, Smith of Seminole,
Stewart of Hendry, Taylor of Hardee.

COMMITTEE ON PUBLIC HEALTH
Williams of Holmes, Chairman; Rowell of Martin, Vice
Chairman; Akerman of Orange, Burton of Brevard, Clement
of Pinellas, Courtney of Bay, Martin of Hillsborough, Mc-
Alpin of Hamilton, Merritt of Escambia, Potter of Wash-
ington, Saunders of St. Lucie, Simpson of Jefferson, Smith,
Lisle, of Polk, Wilson of Columbia, Wotitzky of Charlotte.
COMMITTEE ON PUBLIC PRINTING
Gilmore of Suwannee, Chairman; Cobb of Volusia, Vice
Chairman; Andrews of Union, Barnhill of Okaloosa, Clement
of Pinellas, Floyd of Franklin, Ingraham of DeSoto, Mc-
Kendree of Nassau, Wotitzky of Charlotte.

COMMITTEE ON PUBLIC ROADS
Roberts of Brevard, Chairman; Peacock of Jackson, Vice
Chairman; Andrews of Union, Branch of Hillsborough, Camp
of Marion, Carraway of Leon, Clark of Calhoun, Cobb of
Orange, Dekle of Taylor, Hethcox of Lake, MacWilliam of
Indian River, McAlpin of Hamilton, McKenzie of Levy, Mer-
ritt of Escambia, Papy of Monroe, Peeples of Glades, Saun-
ders of St. Lucie, Stirling of Broward, Stokes of Bay, Tapper
of Gulf, Williams of Holmes, Yeomans of Citrus.
COMMITTEE ON PUBLIC UTILITIES
Crews of Duval, Chairman; Usina of St. Johns, Vice Chair-
man; Bronson of Osceola, Carter of Alachua, Clark of Cal-
houn, Clark of Jackson, Cobb of Orange, Collins of Sara-
sota, Cook of Flagler, Elliott of Palm Beach, Gilmore of
Suwannee, Hendry of Okeechobee, Home of Madison, Mac-
William of Indian River, Peacock of Sarasota, Roberts of
Brevard, Schuh of Pinellas, Smith of Seminole, Stokes of



Bay, Strayhorn of Lee, Williams of Holmes.



April 9, 1947



Volusia, Courtney of Bay, Hardin of Manatee, Ingraham of
DeSoto, Merritt of Escambia, Oelkers of Dade, Peacock of
Sarasota, Potter of Washington.
COMMITTEE ON STATUTORY REVISIONS
Floyd of Franklin, Chairman; Dekle of Taylor, Vice Chair-



E OF REPRESENTATIVES 15


COMMITTEE ON PUBLIC WELFARE:
Burnsed of Baker, Chairman; Clark of Jackson, Vice
Chairman;. Baker of Liberty, Brown of Sumter, Clark of
Calhoun, Courtney of Bay, Davis of Gadsden, Drummond
of Gilchrist, Dunn of Dixie, Gilmore of Suwannee, Lantaff
of Dade, Moore of Highlands, Rowell of Martin, Sellar of
Lake, Andrews of Union.
COMMITTEE ON RAILROADS, TELEGRAPH
AND TELEPHONES
Cook of Flagler, Chairman; Burton of Brevard, Vice Chair-
man; Barnhill of Okaloosa, Carraway of Leon, Carter of
Alachua, Clement of Pinellas, Crews of Duval, Dayton of
Pasco, Fuqua of Manatee, Gautier of Dade, Gilmore of
Suwannee, Hendry of Okeechobee, McKendree of Nassau,
Smith of Seminole, Stokes of Bay, Floyd of Franklin.
COMMITTEE ON RESOLUTIONS
Taylor of Hardee, Chairman; Walton of Broward, Vice
Chairman; Bryant of Marion, Dowda of Putnam, Floyd of
Franklin, Hendry of Okeechobee, Home of Madison, Mac-
William of Indian River.
COMMITTEE ON RULES AND CALENDAR
Collins of Sarasota, Chairman; Simpson of Jefferson, Vice
Chairman; Bronson of Osceola, Bryant of Marion, Carraway
of Leon, Clement of Pinellas, Cobb of Orange, Floyd of
Franklin, Gautier of Dade, Hendry of Okeechobee, Home of
Madison, Johnson of Gadsden, Luckie of Duval, Morrow of
Palm Beach, Papy of Monroe, Potter of Washington, Roberts
of Brevard, Smith, Lisle, of Polk, Stewart of Hendry, Stokes
of Bay, Wotitzky of Charlotte.
COMMITTEE ON SALT WATER FISHERIES
Yeomans of Citrus, Chairman; Melvin of Santa Rosa, Vice
Chairman; Barnhill of Okaloosa, Botts of Escambia, Camp
of Marion, Clark of Calhoun, Dekle of Taylor, Floyd of
Franklin, Hough of Lee, Kelly of Collier, McKenzie of Levy,
Papy of Monroe, Peacock of Jackson, Peeples of Glades,
Rowell of Martin, Smith of Seminole, Stokes of Bay, Usina
of St. Johns, Williams of Holmes, Wotitzky of Charlotte.
COMMITTEE ON SOCIAL SECURITY
McAlpin of Hamilton, Chairman; Brown of Sumter, Vice
Chairman; Barnhill of Okaloosa, Camp of Marion, Dekle of
Taylor, Morgan of Duval, Papy of Monroe, Taylor of Har-
dee, Walton of Broward, Williams of Holmes, Wilson of
Columbia.

COMMITTEE ON STATE INSTITUTIONS
Fuqua of Manatee, Chairman; Smith, Raymond, of Polk,
Vice Chairman; Akerman of Orange, Branch of Hillsborough,
Carraway of Leon, Carter of Alachua, Clark of Jackson, Dunn
of Dixie, Lantaff of Dade, Merritt of Escambia, Morgan of
Duval, Peacock of Sarasota, Roberts of Brevard, Sheppard of
St. Johns, Smith of Clay.

COMMITTEE ON STATE MARKETING
Smith of Seminole, Chairman; Peacock of Sarasota, Vice
Chairman; Bronson of Osceola, Burnsed of Baker, Burton of
Brevard, Davis of Gadsden, Dayton of Pasco, Walton of Brow-
ard, Yeomans of Citrus.
COMMITTEE ON STATE PRISONS AND CONVICTS
Wainwright of Bradford, Chairman; Williams of Hernando,
Vice Chairman; Andrews of Union, Carter of Alachua, Clark
of Jackson, Elliott of Palm Beach, Hawkins of Volusia, Horne
of Madison.
COMMITTEE ON STATE PUBLICITY
Shepperd of St. Johns, Chairman; Odham of Seminole, Vice
Chairman, Akerman of Orange, Andrews of Union, Cobb of
















man; Bryant of Marion, Cook of Flagler, Dowda of Putnam,
Gautier of Dade, Home of Madison, Luckie of Duval, Sellar
of Lake, Smith, Raymond of Polk, Stokes of Bay, Williams
of Hernando.
COMMITTEE ON WORKMENS COMPENSATION
Wotitzky of Charlotte, Chairman; Cook of Flagler, Vice
Chairman; Alexander of Wakulla, Botts of Escambia, Peacock
of Sarasota, Peeples of Glades, Tapper of Gulf, Williams of
Hernando, Wilson of Columbia.
The following communications were received and read:

STATE OF FLORIDA
EXECUTIVE DEPARTMENT
TALLAHASSEE
April 10, 1947
The Honorable President of the Senate, and
The Honorable Speaker of the House of Representatives
Tallahassee, Florida
Gentlemen:
As required by 16.05 Florida Statutes of 1941, I transmit
herewith to the 1947 Legislature a copy of the written
report to the Governor by the Attorney General giving the
effect and operation of the acts of the last previous session
(1945), the decisions of the courts thereon, and referring
to previous legislation on the subject, with such suggestions
as in the Attorney General's opinion the public interest may
demand.



Sincerely,
MILLARD F.
Governor



CALDWELL



OFFICE OF THE
ATTORNEY GENERAL
STATE OF FLORIDA
TALLAHASSEE
April 4, 1947
Honorable Millard F. Caldwell
Governor of the State of Florida
Capitol
Tallahassee, Florida
My dear Governor:
In accordance with Section 16.05, Florida Statutes, 1941,
requiring the making of a written report to the Governor
by the Attorney General, five days before the first day of
each session of the legislature, giving the effect and operation
of the acts of the last previous session (1945), the decisions
of the courts thereon, and referring to the previous legisla-
tion on subjects involved, with such suggestions as in the
Attorney General's opinion the public interest may demand,
I herewith tender such report.
BECAUSE OF THE FACT THAT MY REPORT TO THE
GOVERNOR IN 1945 MERELY MENTIONED THE AMEND-
MENTS TO THE STATE CONSTITUTION PROPOSED BY
THE 1943 LEGISLATURE AND ADOPTED IN 1944, I AM
PRESENTING BOTH THE 1944 AND 1946 STATE CONSTI-
TUTIONAL ADOPTIONS.
-A-
1944 CONSTITUTIONAL AMENDMENTS
The legislature of 1943 submitted ten proposed amendments
to the Florida Constitution to be voted on at the general
election in 1944, one of which was eliminated by court decision
prior to the said election (City of Coral Gables v. Gray, Sec-
retary of State, 154 Fla. 81, 19 So. 2d. 318), two were defeated
at the said general election and seven were adopted. The
seven amendments, which were adopted, appear on pages
493-497 of the 1945 Cumulative Supplement to Volume I,
Florida Statutes, 1941, and are as follows:
(1) Amendment to Section 12 of Declaration of Rights,
commonly known as the right-to-work amendment.
(2) Article V, Section 21. This amendment relates to jus-
tices of the peace and their districts.
(3) Article' V, Section 47. This amendment relates to the



April 9, 1947



election of state attorneys, judges of criminal courts of record,
and county solicitors.
(4) Article VIII, Section 5. This amendment relates to
county commissioners, the number of districts and the term
of office.
(5) Article VIII, Sections 11 and 12. These amendments
relate to tax assessors and tax collectors in Hillsborough
county.
(6) Article IX, Section 1. This amendment relates to rates
of taxation on intangible personal property.
(7) Article XVIII, Sections 6 and 7. These amendments
relate to terms of office to fill vacancies in elective offices.
The proposed amendment, eliminated by court decision as
above, proposed an addition to the state constitution, pro-
viding for the consolidation of certain county and municipal
offices in Dade and Orange counties, to be designated as
sections 1 to 9, inclusive, of article XX thereof. The court,
in the above cited case, held that the contents of the pro-
posed amendment violated fundamental constitutional require-
ments that such amendments relate only to one plan or
scheme. It held that the proposed amendment submitted con-
tained more than one such plan or scheme so essentially
unrelated as to make any association of them purely artificial.
One of the proposed amendments defeated at the 1944
election was the proposal to amend section 3, article VII, of
the constitution, relating to the apportionment of senators and
representatives in the legislature and creating three additional
senatorial districts, the other related to the establishment of
a uniform system of county and municipal government.
SECTION 12, DECLARATION OF RIGHTS.-The last sen-
tence of this section was added by the 1944 amendment, the
remainder of the section is identical with the section before
amendment. The said last sentence is as follows, "The right
of persons to work shall not be denied or abridged on account
of membership or nonmembership in any labor union, or labor
organization; provided, that this clause shall not be construed
to deny or abridge the right of employees by and through
a labor organization or labor union to bargain collectively
with their employer." Only cases involving the last sentence
above quoted will be here considered.
In case of American Federation of Labor v. Watson, D. C.
Fla., 60 Fed. Supp. 1010, a three-judge federal district court
held the amendment to be valid stating that "The assaulted
amendment undertakes to preserve to employees, in full
vigor, the right of collective bargaining. Instead of prevent-
ing or abridging the rights of speech, press, assembly, and
petition, the amendment seeks to preserve it to those who do
not join a labor union as well as to those who do. . The
amendment is not in violation of the First Amendment to the
Federal Constitution. The same is true of the allegations as
to its violation of the Fourteenth amendment. There is no
prohibition against a citizen belonging to any union that he
chooses, but the prohibition seems to be against requiring
membership in the union in order for a citizen to be eligible
for work. . The Florida constitutional amendment prohibits
no one from joining a union but undertakes to declare that
it shall not be a condition precedent to the right to work. It
does not deny the labor union member the equal protection
of the law, but appears to be designed to give to the non-union
worker a protection of law which he had not theretofore
enjoyed . . the Florida constitutional amendment does
not contravene any provision of the Federal Constitution and
for aught that now appears it is a valid exercise of the police
power of the State of Florida. . So long as the right to or-
ganize into a union and to bargain collectively is not abridged,
there is no denial of freedom of speech, press, assembly, and
petition. Whatever was traditionally a part of the process of
collective bargaining seems to have been left unabridged by
the second clause in the amendment."
The above decision by the three-judge district court was
appealed from that court to the Supreme Court of the United
States (American Federation of Labor v. Watson, 327 U. S.
582, 66 S. Ct. 761, 90 L. Ed. Adv. 715), which reversed the
judgment of the district court and remanded the cause to it
with directions to retain the bill pending the determination
of the proceedings in the state court in conformity with the
opinion of the Supreme Court of the United States in the



above cited case. In the course of its opinion the Supreme
Court of the United States said that the constitutional amend-



JOURNAL OF THE HOUSE OF REPRESENTATIVES















ment involved "may be so construed as to eliminate any con-
flict alleged to exist between it and the National Labor Re-
lations Act." The Supreme Court of the United States in this
case refused to hold the constitutional amendment involved
to be invalid. The validity and operative effect of the Florida
right-to-work constitutional amendment was upheld in the
above decision by the Supreme Court of the United States.
Although the constitutional amendment under consideration
was quoted by the Supreme Court of Florida in the case of
State v. Dade County Roofing Company, 156 Fla. 260, 22 So.
2d. 793, the court stated that the information before it made
"no allegation that any person or persons have been denied
the right-to-work on account of membership or non-member-
ship in any labor union or labor organization since the adop-
tion of the amended section." The court refused to decide
whether or not such an allegation would have been sufficient
basis for a court proceeding.
In the case of Miami Waterworks Local No. 654 v. City
of Miami, ..........- Fla. ..-.......-.. 26 So. 2d. 194, the court, con-
cerning the constitutional amendment under consideration,
said: "It will be observed that this section of the Constitu-
tion does not give the right of collective bargaining to any
group. The proviso of the section is merely an expression of
the popular will that if the right of collective bargaining is
given, an assertion of the rights contained in the main clause
of the section shall not operate to deny or abridge the right
to bargain collectively."
SECTION 21, ARTICLE V.-This amendment limits the
number of justice of the peace districts in each county and
authorizes the legislature, upon referendum vote by the people
of the county, to change or abolish any such district. Formerly
justice of the peace districts were determined by the county
commissioners. There have been no decisions of the supreme
court involving this section.
SECTION 47, ARTICLE V.-This amendment provided for
the election by the people of state attorneys, judges of the
criminal courts of record, and county solicitors, who prior
to this amendment were appointed by the governor and con-
firmed by the senate. There have been no decisions of the
supreme court involving this section.
SECTION 5, ARTICLE VIII.-This amendment in effect
changed the term of county commissioners from a two-year
term to a four-year term. The section also requires that
the boards of county commissioners of the several counties
redistrict their counties from time to time so as to keep
such districts as nearly equal las possible in proportion
to population. In the case of Prince v. State,........, Fla.........
25 So. 2d. 5, the court held that proceedings in mandamus
may be resorted to to coerce the boards of county commis-
sioners to perform their duty of dividing the county into
districts as nearly equal in proportion as possible.
SECTIONS 11 AND 12, ARTICLE VIII.-These sections
should have been numbered 12 and 13, as a section 11 had
been added at the general election in 1942. These sec-
tions provide for the consolidation of certain county and
municipal offices in Hillsborough county and the assessment
and collection of county and municipal taxes by the same
officials. There have been no decisions of the supreme
court involving these sections.
SECTION 1, ARTICLE IX.-This section as amended at
the 1944 general election merely changed the amount of
the intangible personal property assessment from not more
than five mills to not more than two mills on the dollar
of valuation. Although there appear to have been some
court decisions involving this section and intangible per-
sonal property taxes, none of them involved the change
made by this amendment.
t
SECTIONS 6 AND 7, ARTICLE XVIII.-These sections
provided for appointments to fill vacancies in elective of-
fices under the state constitution shall be until the first
Tuesday after the first Monday in January next after the
following general election and that elections to fill such
vacancies should be from such date. Prior to the amend-
ment such appointments were until the next general election
and such elections were to fill such vacancies from such
elections. There have been no decisions of the supreme



court construing these sections; however, in an Opinion
to the Governor, ........ Fla ....., 27 So. 2d. Adv. 409, the
court did hold that these sections did not provide for the



17



filling of a vacancy in the office of United States Senator
by an election and that the governor might fill such vacancy
for the unexpired term by appointment.
-B-
1946 CONSTITUTIONAL AMENDMENTS
The legislature of 1945 submitted six proposed amend-
ments to the Florida Constitution to be voted on at the
general election in 1946, five of which were defeated at the
said election and only one adopted. So far as I am ad-
vised, there have been no court decisions affecting this
amendment since its adoption.
SECTIONS 1 AND 2, ARTICLE XX.-The amendment
adopted is known as sections 1 and 2, article XX, of the
state constitution, but relates to Orange county and is not
of general operation and interest throughout the state.
These sections provide for the consolidation, abolishing and
creating of certain county offices in Orange county and
for the assessment and collection of municipal taxes assessed
in the county by the county taxing officials. This amend-
ment does not appear to be self-executing and seems to
require legislation, which becomes effective only after ap-
proval by a county-wide referendum.
The proposed amendments which were defeated at the
general election of 1946 are as follows:
SECTION 30, ARTICLE III.-This proposed amendment
would have abolished most continuing appropriations and
required that most all appropriations be included in the
general appropriations bill, which could not have been for
more than two years under any enactment.
SECTION 48, ARTICLE V.-This proposed amendment
would have provided for the election of the judge and
county solicitor of the court of record for Escambia county.
They are now appointed by the governor and confirmed by
the senate.
SECTIONS 12 AND 13, ARTICLE VIII.-This proposed
amendment would have renumbered sections 11 and 12 to
the same article adopted at the general election in 1944
and amended them.
SECTIONS 14 AND 15, ARTICLE VIII.-This proposed
amendment would have been applicable to Bay county and
would have provided for the assessment and collection of
all county and municipal taxes in said county by the county
taxing officials.
SECTION 34, ARTICLE XVI.-This proposed amendment
would have established the office of Director of the Budget
in this state who would have been appointed by concurrent
resolution of the legislature.
-C-
1945 ENACTMENTS OF GENERAL OPERATION
SECTION 10.01,* or Chapter- 23,614, Laws of Florida, Acts

"*Section references are to 1945 Cumulative Supplement to
Florida Statutes, 1941.

of .1945. This statute reapportioned the state into state
senatorial districts as required by the constitution. Although
two applications have been made to the supreme court for
writs of mandamus, by one of the senators whose districts
was abolished in the reapportionment of the state, there has
been no opinion of the supreme court involving the validity
of the redistricting, both of said applications having been
denied without opinion.
SECTION 10.03, or Chapter 23,613, Laws of Florida, Acts
of 1945. This statute reapportioned the membership of the
house of representatives in accordance with the requirement
of the constitution.
SECTIONS 12.01 TO 12.09, or Chapters 22,515 and 23,085,
Laws of Florida, Acts of 1945. These statutes provided for the
state census of 1945, which was taken as provided in and
by said statutes.



SECTIONS 16.19 TO 16.23, or Chapter 22,858, Laws of
Florida, Acts of 1945. This statute adopted and reenacted
the Florida Statutes, 1941, including the laws of general



April 9, 1947



JOURNAL OF THE HOUSE OF REPRESENTATIVES













JOURNAL OF THE HOUSE



operation of the 1941 and 1943 sessions of the legislature,
at the same time correcting errors, etc., in the statutes.
This law, including Chapter 22,000, Laws of Florida, Acts
of 1943, which was a like law, has been referred to or
applied in the following opinions of the supreme court of
this state, or in the concurring opinions of the justices
thereof, in the cases of Cates v. Heffernan, 154 Fla. 422,
18 So. 2d. 11; Mahood v. Bessemer Properties, 154 Fla. 710,
18 So. 2d. 775; State v. Lee, 156 Fla. 291, 22 So. 2d. 804.
SECTIONS 25.03-1 AND 25.03-2, or Chapter 23,098, Laws
of Florida, Acts of 1945. This statute authorizes and em-
powers the supreme court of this state, by court rule, to
provide for the receiving and answering of certificates from
the several appellate courts of the United States, including
the Supreme Court of the United States, upon questions of
the construction of Florida Statutes and rules of general
law in Florida, when there is no clear controlling precedent
in the decisions of the Florida Supreme Court on such
question. So far as I am advised, no rules have yet been
made under the authority of this law nor has the court
been called upon to answer any such certificates.
SECTIONS 26.02, 26.05-1 AND 26.07-1, or Chapters 22,813,
22,618 and 22,943, Laws of Florida, Acts of 1945. These
statutes provide additional circuit judges for the first,
fourth and six judicial circuits. See Advisory Opinion to
Governor, 156 Fla. 55, 22 So. 2d. 458.
SECTIONS 30.08 ET SEQ., or Chapter 22,790, Laws of
Florida, Acts of 1945. This statute consolidated Chapters
30 and 144, of the Florida Statutes, 1941, each relating to
sheriffs. The purpose of the consolidation was to collect
all the general statutes relating to sheriffs into one chapter
for convenience and to prevent oversight of such laws.
SECTION 32.06, or Chapter 23,134, Laws of Florida, Acts
of 1945. This statute provides for the substitution and assign-
ment of circuit judges to criminal courts of record when
such judges are disqualified or unable to serve. There has
been no court decision upon this statute; however, the
supreme court, in the case of Cormack v. Coleman, 120 Fla.
1, 161 So. 844, upheld a similar prior statute applicable to
Dade county.
SECTION 37.20, or Chapter 22,587, Laws of Florida, Acts
of 1945. This statute established the fees of constables the
same as those provided in Section 30.23 for sheriffs.
SECTION 40.23, or Chapter 22,766, Laws of Florida, Acts
of 1945. This section revised the method of summoning
petit jurors and removed some uncertainty from prior laws
as to whether or not jurors might be summoned by any
method other than through the mails.
SECTIONS 59.01 ET SEQ., or Chapter 22,854, Laws of
Florida, Acts of 1945. This statute consolidated Chapters
59 and 67, of the Florida Statutes, 1941, each relating to
appeals to the supreme court, and amended said chapters
so as to conform them to the present rules of the supreme
court, which, in some particulars, conflicted with the statute.
The purpose of this revision was to gather the statutes
relating to appeals, under said Chapters 59 and 67, into
one chapter and make them conform to the supreme court
rules. This law was referred to in the case of Fonell v.
Williams, 157 Fla. 673, 26 So. 2d. 800, where it was held
that the statute did not repeal or amend by implication
any of the other statutes relating specially to appeals. See
also Henderson v. Stevens, 157 Fla. 640, 26 So. 2d. 656;
Cleary Brothers Construction Company v. Phelps, 156 Fla.
463, 24 So. 2d. 51, citing sections of the amended statutes.

SECTION 62.33, or Chapter 23,091, Laws of Florida, Acts
of 1945. This section revised, for the purpose of removing
doubt, existing statutes as to service or process in pro-
ceedings for restoration of sanity. Process is now required
to be served upon state attorneys, either personally or by
mail.
SECTIONS 76.32 TO 76.38, or Chapter 23,137, Laws of
Florida, Acts of 1945. These statutes provide for the levy-
ing of attachments on boats, vessels, etc., in the courts of
this state and provide the venue and procedure in connection
therewith.



SECTION 90.01, or Chapter 23,156, Laws of Florida, Acts



E OF REPRESENTATIVES April! 9, 1947


of 1945. This amendment was for the purpose of extending
the statute providing for the taking of oaths, affidavits and
acknowledgments to judges and clerks of all courts of
record instead of the particular courts formerly referred
to. The original statute was enacted prior to the creation
of the civil courts of record and the statutory court of
record,. which were not included in the former statute but
were brought in by the 1945 revision and amendment.
SECTIONS 92.30 TO 92.32, or Chapter 22.866, Laws of
Florida, Acts of 1945. This statute makes the findings of
the War and Navy Departments that a soldier is presumed
to be dead legal evidence in this state. It also makes findings
that a person is missing in action likewise evidence in this
state.
SECTIONS 95.16, 95.17, 95.21 and 95.27, or Chapter 22,897,
Laws of Florida, Acts of 1945. These statutes amended the
existing laws concerning adverse possession under color
of title and restated the requirements for same. Section
95.17 was referred to in Sauls v. Martin, 156 Fla. 624, 24
So. 2d. 41.
SECTIONS 95.28 TO 95.34, or Chapter 22,560, Laws of
Florida, Acts of 1945. These statutes relate to limitations
upon instruments encumbering real estate and provide for
extension agreements concerning the same. These statutes
appear to have made some change in pre-existing statutes
concerning limitations upon mortgages and liens.
SECTION 99.07, or Chapter 22,739, Laws of Florida, Acts
of 1945. This statute amended the existing statutes con-
cerning the opening and closing of polls on days of election and
provide that they should open at seven o'clock a. m. and
close at seven o'clock p. m., thereby changing the closing
time from sundown to seven o'clock p. m. This section was
cited in Bay County v. State, 157 Fla. 47, 24 So. 2d. 714.
SECTION 99.16, or Chapter 22,626, Laws of Florida, Acts
of 1945. This statute regulates the placing of proposed
constitutional amendments upon ballots and voting on the
same.
SECTIONS 102.29-1, 102.31-1 AND 102.56-1, or Chapters
22,627, 22,679 and 22,760, Laws of Florida, Acts of 1945. These
statutes relate to filing fees and expense statements in con-
nection with primary elections. The purpose appears to
have been to clear up some misunderstandings concerning
these matters.

SECTIONS 102.35-1, 102.71 AND 102.72, or Chapters 22,678,
22,729 and 23,006, Laws of Florida, Acts of 1945. These
sections relate to nominations of candidates of certain ad-
ministrative offices by minority political parties and the
election of delegates to national conventions.
SECTION 103.21, or Chapter 22,545, Laws of Florida, Acts
of 1945. This section prohibits the holding of bond elections
along with other elections.

SECTIONS 121.01 to 121.17, or Chapter 22,831, Laws of
Florida, Acts of 1945. This statute sets up the State Officers
and Employees' Retirement System. This statute was upheld
as valid in the case of State v. Lee, ..-..... Fla ........, 28 So.
2d. Adv. 104.
SECTIONS 134.01 to 134.17, or Chapter 22,938, Laws of
Florida, Acts of 1945. This statute set up a County Officers
and Employees' Retirement System. This statute was upheld
as valid in the case of State v. Lee, 157 Fla. 70, 24 So. 2d.
798.

SECTION 167.43-1, or Chapter 22,829, Laws of Florida,
Acts of 1945. This statute authorizes municipalities to levy
tax on certain public services, including the purchase of elec-
tricity, gas, water, telephone and other services.

SECTION 192.06, or Chapter 23,082, Laws of Florida, Acts
of 1945. This statute amended existing Section 192.06, and
especially subsection (3) thereof, so as to permit the taxation



of the property in question by municipalities for certain spe-
cial assessments. Said subsection (3) was held valid in
Rogers v. City of Leesburg, ........ Fla ........, 27 So. 2d. Adv. 70.
See also Saunders v. City of Jacksonville, ........ Fla .......
So. 2d. 648; Bancroft Investment Corporation v. City of
Jacksonville, ........ Fla. ........, 27 So. 2d. 162; and Dr. William













April 9, 1947.



JOURNAL OF THE HOUSE OF REPRESENTATIVES



Howard Hay Foundation v. Wilcox, 156 Fla. 704, 24 So. 2d. for the collection of such tax, by the State Beverage Depart-
237. ment, and the distribution of the proceeds thereof.



SECTIONS 192.29 and 192.30, or Chapter 22,999 Laws of
Florida, Acts of 1945. This amendment related to the vacation
of platted lands and the assessment of the same as acreage.
SECTION 192.59, or Chapter 22,845, Laws of Florida, Acts
of 1945. This statute authorizes the cancellation of county
tax liens upon lands acquired or used for public road pur-
poses.

SECTIONS 194.47-1 to 194.47-4, or Chapter 22,870, Laws
of Florida, Acts of 1945. This statute is new and relates to
the sale or redemption of county tax delinquent lands. The
main purpose of this statute seems to have been to permit
the original owner to redeem or repurchase his property lost
by him to the county through delinquent taxes when a
hardship would be imposed upon the owner if not so per-
mitted to redeem or purchase said property from the county.
Section 194.47-2 was referred to in Coughlin v. Broward
County, 156 Fla. 298, 22 So. 2d. 814, where the court said
that "the facts in this case easily classify it as a 'hardship
case' in the contemplation of" the above section.

SECTION 194.55, or Chapter 22,772, Laws of Florida, Acts
of 1945. This statute amended in minor detail former Section
194.55, as amended by Chapter 22,079, Laws of Florida, Acts
of 1943. As amended, the statute regulates the sale of tax
delinquent lands by the county or the dedication of a part
of such lands to public use.
SECTIONS 199.02, 199.04, 199.07, 199.18, 199.24, 199.25,
199.30 and 199.31, or Chapter 22,867, Laws of Florida, Acts of
1945. These sections of the Statutes relate to the taxation
of intangible personal property. There were minor changes in
most of the sections; however, Section 199.07 as amended
permits the taxation of intangibles brought into the state
after the first of January but prior to the first of April. It
seems that they may be brought into the state either actually
or constructively. Section 199.31 as amended authorizes re-
funds by the comptroller where there is an overpayment of
taxes, where payments are made when no tax was due and
pursuant to a court judgment under certain circumstances.
SECTION 200.02, or Chapter 22,758, Laws of Florida, Acts
of 1945. This law relates to the time tangible personal prop-
erty becomes a lien upon the property taxed. Under the
statute prior to the 1945 amendment the lien attached when
the taxes were due; under the amendment the lien attaches
as of January first of the taxing year.
SECTION 205.16-1, or Chapter 22,664, Laws of Florida, Acts
of 1945. This law granted to veterans of World War II the
same exemptions from license taxes as those enjoyed by
veterans of World War I and of the Spanish American War.
SECTIONS 205.43 and 205.44, or Chapter 22,671, Laws of
Florida, Acts of 1945. This law repealed existing Sections
205.43 and 205.44 and substituted in their place and stead
a revised assessment of receipts taxes on premiums and
similar assessments or payments. There has been some litiga-
tion concerning this statute as revised and an appeal has
reached the supreme court but has not yet been decided.
SECTION 205.44-1, or Chapter 22,749, Laws of Florida,
Acts of 1945. This section is new and provides an optional or
additional method of computing and paying the taxes men-
tioned in Sections 205.43 and 205.44. There has been some
doubt among insurance lawyers as to the validity of this
section when applied to nonresident insurers in comparison
with local insurers. There has not yet been any decision of
the supreme court on this question; however, the question
is now before the supreme court for decision.

"SECTION 205.45, or Chapter 22,737, Laws of Florida, Acts
of 1945. This 1945 act amended the existing statute so as to
extend the operation of the same and to include other and
additional agents and solicitors.
SECTIONS 210.01 to 210.18, or Chapter 22,645, Laws of
Florida, Acts of 1945. This statute in effect makes permanent
Chapter 21,946, Laws of Florida, Acts of 1943, which was
temporary by its terms. The statute imposes an excise tax
on cigarettes sold or offered for sale in this state and provides



SECTIONS 211.01 to 211.21, or Chapter 22,784, Laws of
Florida, Acts of 1945. This statute places a tax on the sever-
ance of oil and gas in this state and regulates the enforce-
ment of such tax. This tax is new in this state. The validity
of some provisions of this statute was upheld in the case
of Steele v. Freel, 157 Fla. 223, 25 So. 2d. 501; however, the
other provisions do not seem to have yet been litigated.

Sections 215.30 to 215.36, or Chapter 22,833, Laws of Florida,
Acts of 1945. This is what is known as the Five Funds Act,
which required that the accounts in the comptroller's office
and state treasury be divided into five general groups, as
provided in said statute.

SECTIONS 216.02 ET SEQ., or Chapter 22,857, Laws of
Florida, Acts of 1945. This statute amended existing laws
concerning the State Budget Commission and extended its
powers and duties in connection with the fiscal management
of the affairs of the state. See State v. Lee, -....-., Fla. .......,
27 So. 2d. Adv. 84.

SECTIONS 218.07 TO 218.11, or Chapter 22,677, Laws of
Florida, Acts of 1945. This statute authorizes the state, coun-
ties and municipalities to purchase surplus properties from
the federal government.

SECTIONS 231.34 ET SEQ., or Chapter 22,839, Laws of
Florida, Acts of 1945. This statute amended several of the
existing statutory provisions concerning schools and the school
code. The purpose of the statute appears to have been to
remove some conflicts or other defects from the school
code.
SECTIONS 238.01 ET SEQ., or Chapter 22,693, Laws of
Florida, Acts of 1945. This statute amended several sections
of the retirement system for teachers of this state, and re-
defined membership and benefit requirements.

SECTIONS 239.37 TO 239.44, or Chapter 22,944, Laws of
Florida, Acts of 1945. This statute provides scholarships for
the training of teachers in this state and provides for the
distribution of the funds to teachers receiving the scholar-
ships.

SECTION 241.05-1, or Chapter 22,956, Laws of Florida,
Acts of 1945. This section permits the admission of spouses
of war veterans to the institutions of learning in this state.
Under this section, wives may be admitted to the University
of Florida and husbands to the Florida State College for
Women, when their spouses are students in such institutions.
SECTIONS 241.09-1 TO 241.09-5, or Chapter 22,994, Laws
of Florida, Acts of 1945. This statute establishes a department
of real estate in the University of Florida.
SECTION 241.46, or Chapter 22,773, Laws of Florida, Acts
of 1945. This section relates to the entrance and graduation
requirements of war veterans in the several colleges and uni-
versities in this state. It provides for the waiver of the last
two semesters of preparatory college work where the student
is a war veteran.

SECTIONS 241.48 AND 241.49, or Chapters 22,998 and
23,140, Laws of Florida, Acts of 1945. These sections estab-
lished branch agricultural experiment stations and provided
for their operation.
SECTIONS 241.50 TO 241.58, or Chapter 23,083, Laws of
Florida, Acts of 1945. This statute establishes an institute
of government as a part of the system of higher education
in this state (241.50). The law declares that it is the policy
of the legislature that an institute of government is neces-
sary to inform governmental officials, as well as citizens of
the state, concerning questions of government and govern-
mental finance. The purpose of the institute is to conduct
studies upon various subjects of government and to conduct
courses for the enlightenment of officers and employees of
governmental units concerning their official duties and obli-
gations (241.51). The institute is to be located and estab-
lished in quarters to be determined by the Board of Control
and the trustees of the institute (241.52). The affairs of the












JOURNAL OF THE HOUSE



institute are under the direct supervision of a board of five
trustees appointed by the governor (241.53). An appropria-
tion of fifteen thousand dollars is made for the purpose of
conducting this institute (241.59).
SECTIONS 253.35-1 TO 253.35-6, or Chapter 22,860, Laws
of Florida, Acts of 1945. This statute provides for the home-
steading of wild and vacant lands in this state by discharged
veterans of World War II. This statute permits the home-
steading of swamp and overflowed lands, internal improve-
ment lands and tax forfeited lands. Although homesteading
is authorized the availability of suitable lands may present
a serious question..
SECTIONS 253.51 TO 253.61, or Chapter 22,824, Laws of
Florida, Acts of 1945. This statute provides for the leasing of
state lands for oil and gas purposes and regulates the method
of entering into said leases by the state.
SECTIONS 255.11-1 TO 255.11-3, or Chapter 22,850, Laws
of Florida, Acts of 1945. This statute relates to the Supreme
Court Building Commission and authorizes the construction of
a new court building, thereby extending the authority under
a prior law.
SECTIONS 282.01 TO 282.22, or Chapter 22,827, Laws of
Florida, Acts of 1945. This is the biennial appropriation for
the biennial period between July 1, 1945 and June 30, 1947.
SECTIONS 282.24 TO 282.26, or Chapter 22,820, Laws of
Florida, Acts of 1945. This statute provides an appropriation
for postwar public building and creates a state building fund.
Under this statute the Board of Commissioners of State In-
stitutions is authorized to construct buildings and other
equipment and institutions for governmental purposes. The
validity of this statute was upheld in the case of State v. Lee
157 Fla. 773, 27 So. 2d. 84, where the court held that the
Board of Commissioners of State Institutions was not bound
by the listing of buildings contained in Section 282.24, but
was authorized under Section 282.25 to construct other and
additional buildings and facilities than those named in Sec-
tion 282.24.
SECTIONS 286.09 TO 286.22, or Chapter 22,558, Laws of
Florida, Acts of 1945. This statute set up a Florida State
Advertising Commission and authorized it to adertise the
state and its industries and agricultural and other products
in newspapers, magazines, etc., within and without the State
of Florida.
SECTIONS 292.04 TO 292.09, or Chapter 22,695, Laws of
Florida, Acts of 1945. This statute set up a War Veterans'
Service Commission and authorized it, through state service
officers and their assistants, to render aid and assistance to
war veterans without charge.
SECTIONS 292.10 TO 292.16, or Chapter 23,017, Laws of
Florida, Acts of 1945. This statute authorized counties to
establish county service officers for the purpose of assisting
war veterans and cooperating with other agencies in connec-
tion with such assistance.
SECTIONS 321.15 TO 321.22, or Chapter 22,863, Laws of
Florida, Acts of 1945. This statute set up a benefit plan for
the Florida Highway Patrol, provides for its operation and
the retirement of patrolmen thereunder. It also provides
funeral expenses for patrolmen who die in line of duty. This
statute was involved and upheld in the suit of State v.
Kirkman, ........ Fla. ........, 27 So. 2d. 610.
SECTIONS 332.01 TO 332.12, or Chapter 22,846, Laws of
Florida, Acts of 1945. This statute establishes uniform
rules and regulations concerning the establishment of air-
ports in this state and is known as the Airport Law of 1945.
SECTIONS 333.01 TO 333.14, or Chapter 23,079, Laws
of Florida, Acts of 1945. This statute provides for zoning in
and around airports so as to eliminate airport hazards in
so far as reasonably possible. This statute is known as the
Airport Zoning Law of 1945.
SECTION 341.73, or Chapter 23,078, Laws of Florida, Acts
of 1945. This statute makes it the duty of the State Road
Department to work toward the elimination of railway-
highway crossing hazards and authorizes its cooperation



with federal authorities under the Federal Highway Act
of 1944.



E OF REPRESENTATIVES April 9, 1947


SECTION 372.57, or Chapter 23,087, Laws of Florida, Acts
of 1945. This statute provides for licenses and license fees
in connection with fresh-water fishing and hunting for game
and fur-bearing animals in this state.
SECTIONS 374.14 AND 374.15, or Chapter 22,786, Laws
of Florida, Acts of 1945. This statute relates to the taking
of shrimp and prawn and provides a closed season for the
same and regulates fishing by nonresidents. See Game and
Fresh Water Fish Commission v. Williams, -.-. Fla. ....-
28 So. 2d. Adv. 431.
SECTIONS 374.20 AND 374.21, or Chapters 22,582 and
22,788, Laws of Florida, Acts of 1945. This statute relates to
fishing in Lake Okeechobee and St. Johns river, which bodies
of water have been declared by the legislature to be salt
water .See Game and Fresh Water Fish Commission v. Wil-
liams, supra.
SECTIONS 374.43 TO 374.48, or Chapter 23,108, Laws of
Florida, Acts of 1945. This statute authorizes the State of
Florida to enter into a compact with the eastern seaboard
states, known as the Atlantic States Marine Fisheries Com-
pact and provides for the appointment of commissioners and
defines their powers and duties in connection with such
compact.
SECTION 375.20, or Chapter 23,132, Laws of Florida, Acts
of 1945. This statute levies a severance tax on oysters and
clams and provides for the distribution of the proceeds from
said tax.
SECTIONS 377.01 TO 377.05, or Chapter 22,823, Laws of
Florida, Acts of 1945. This statute provides for entering into
an interstate compact to conserve oil and gas with the states
of Texas, Oklahoma, California, New Mexico and such other
states as may enter into such compact. The powers and
duties of state officials, in connection with this compact, are
set out in the statute.
SECTIONS 377.06 TO 377.40, or Chapter 22,819, Laws of
Florida, Acts of 1945. This statute provides for the con-
servation of oil and gas and places the control of oil and
gas operations in the state under the State Board of Con-
servation. The board's authority is set out in several sec-
tions of t'e statute, which includes the power to make rules
and regulations in connection with explorations for oil and
gas. Permits are required from the board before exploration
by drilling may be made.
SECTIONS 383.08 TO 383.13, or Chapter 22,644, Laws of
Florida, Acts of 1945. This statute requires serological tests
of pregnant women and places upon each midwife and physi-
cian the duty of causing such tests to be made.
SECTION 394.09, or Chapter 23,133, Laws of Florida, Acts
of 1945. This section was revised and brought up to date.
The prior law contemplated transportation by train and
made no express provision for transportation by motor vehicle.
The Florida State Hospital during recent years has main-
tained and operated its own means of transportation for
transporting patients to the hospital; the revision was to
expressly authorize this plan of transportation.
SECTIONS 394.20 TO 394.23, or Chapter 23,157, Laws of
Florida, Acts of 1945. These sections relate to the adjudi-
cation of incompetents and the admission of the mentally
incompetents to the Florida State Hospital. The 1945 act
was intended to revise and bring these laws up to date and
establish a modern procedure concerning incompetents. The
revision was approved by a committee of the State Bar
Association and by the bar association itself before being
offered to the legislature for enactment. There have been
no supreme court decisions involving these sections as amend-
ed, or any of them; however, I have been informed that the
amendments have been upheld in some of the lower courts.
See In Re. Huss, 157 Fla. 200, 25 So. 2d. 371; and In Re.
Cameron's Estate, ........ Fla. .....-.., 28 So. 2d. Adv. 110.
SECTION 398.24, or Chapter 22,800, Laws of Florida, Acts of
1945. This statute authorizes the seizure and forfeiture of



vehicles, boats and aircraft used in connection with the
violation of the narcotic drug laws of this state.
SECTIONS 409.16-1, 409.18-1, 409.31 AND 409.32, or Chap-
ters 22,552, 22,625, 22,815 and 22,816, Laws of Florida, Acts
of 1945. These statutes provide additional appropriations













JOURNAL OF THE HOUSE



to the State Welfare Board for old age assistance, dependent
children, aid to the blind, etc.
SECTIONS 409.27-1 AND 409.27-2, or Chapter 22,681, Laws
of Florida, Acts of 1945. This statute authorizes the place-
ment of vending stands in public places to be operated by
the needy blind of the state and regulates the operation of
the same.
SECTIONS 420.02 ET SEQ., or Chapter 22,821, Laws of
Florida, Acts of 1945. This statute amended the laws relating
to the Florida State Improvement Commission and rede-
fined and extended its powers and duties. See State v.
Caldwell, 156 Fla. 618, 23 So. 2d. 855, 24 So. 2d. 797.
SECTIONS 440.13, 440.15, 440.25 AND 440.44, or Chapter
22,814, Laws of Florida, Acts of 1945. These laws amended
previous sections relating to the Workmen's Compensation Law
by providing for an increase in the benefits and compensa-
tion to injured employees. See St. Johns River Shipbuilding
Company v. Wells, 156 Fla. 67, 22 So. 2d. 632; Bituminous
Casualty Corporation v. Braungart, 157 Fla. 639, 26 So. 2d.
651; Foster v. Lindsay, 157 Fla. 788, 26 So. 2d. 806; Porteus
v. Miami Jockey Club, ........ Fla. ....--.., 27 So. 2d. Adv. 674.
SECTIONS 440.15-1 AND 440.15-2, or Chapter 22,852, Laws
of Florida, Acts of 1945. This statute defines occupational
diseases and brings them within the purview of the Work-
men's Compensation Law of this state.
SECTION 443.12, or Chapter 22,832, Laws of Florida, Acts
of 1945. This law amended those statutes relating to the
powers, duties and obligations of the industrial commission
and extended the same.
SECTION 458.15, or Chapter 23,005, Laws of Florida, Acts
of 1945. This statute amended the criminal provisions of
the laws relating to the regulation of physicians. See Sweat
v. Pettis, ....... Fla. ........, 27 So. 2d. Adv. 827.
SECTIONS 470.01 ET SEQ., or Chapter 22,617, Laws of
Florida, Acts of 1945. This statute amended several of the
sections relating to funeral directors and embalmers.

SECTIONS 475.29, 475.31, 475.43 AND 475.44, or Chapter
22,861, Laws of Florida, Acts of 1945. This statute amended
existing laws concerning the Real Estate Commission in this
state and related principally to its jurisdiction to investigate
violations and to make orders in connection therewith.
SECTIONS 485.03 AND 485.04, or Chapters 22,914 and
23,016, Laws of Florida, Acts of 1945. This statute authorizes
the readmission of war veterans into any of the professions
regulated by law in this state without examination where
an examination would otherwise be required because of
failure to renew their licenses, where such renewal was not
possible by reason of their service in the armed forces.
SECTION 500.15, or Chapter 22,927, Laws of Florida, Acts
of 1945. This statute relates to misbranding of drugs and
defines what is to be construed as misbranding.

SECTIONS 531.16 TO 531.33, or Chapter 22,536, Laws of
Florida, Acts of 1945. This statute adopts the weights and
measures approved by Congress of the United States as
weights and measures in this state and provides for the
enforcement of such weights and measures. The enforce-
ment of this law is placed under a commissioner.
SECTION 531.34, or Chapter 22,765, Laws of Florida, Acts
of 1945. This statute establishes a standard measure for
wheat flour.
SECTIONS 534.01 TO 534.20, or Chapter 22,856, Laws of
Florida, Acts of 1945. This statute establishes standards for
marks and brands for cattle in this state and provides for the
enforcement of the same.
SECTIONS 550.04, 550.10 AND 550.26, or Chapters 22,588,
22,599 and 22,858, Laws of Florida, Acts of 1945. These statutes
relate to racing meets and to licenses and distribution of
license taxes in connection with horse and dog racing.
SECTION 550.30, or Chapter 22,896, Laws of Florida, Acts
of 1945. This statute guarantees, from the state general



revenue fund, that counties will receive not less than thirty-
three thousand dollars from racing taxes.



April 9, 1947



SECTION 635.22, or Chapter 22,555, Laws of Florida, Acts
of 1945. This section prohibits the writing of life insurance,
the payment of which is contingent upon the collection of as-
sessments. Fraternal benefit societies appear to be exempted
from the operation of this law.
SECTIONS 641.01 TO 641.16, or Chapter 22,826, Laws of
Florida, Acts of 1945. This statute provides for the incorpora-



E OF REPRESENTATIVES 21


SECTIONS 551.09 AND 551.12 TO 551.14, or Chapters 22,614,
and 22,817, Laws of Florida, Acts of 1945. These statutes
relate to pari-mutuel pools and wagering in connection with
frontons and to taxation of such racing and the distribution
of the proceeds thereof.
SECTIONS 561.01 ET SEQ., or Chapter 22,663, Laws of
Florida, Acts of 1945. This statute amended several sections
of the beverage act. See Nelson v. State, 157 Fla. 412, 26
So. 2d. 60; Mechlow v. Vocelle, 156 Fla. 115, 22 So. 2d. 631;
City of Miami v. State, ...........- Fla. ............ 27 So. 2d. Adv.
829; State v. Vocelle, ............ Fla. .....-....- 27 So. 2d. Adv. 728.
SECTION 561.46, or Chapter 22,562, Laws of Florida, Acts
of 1945. This statute levies an excise tax on alcoholic and
intoxicating beverages.
SECTION 561.64, or Chapter 22,713, Laws of Florida, Acts
of 1945. This section levies an additional tax upon alcoholic
beverages containing fourteen per cent or more of alcohol.
This statute expires June 30, 1947.
SECTIONS 562.13 ET SEQ., or Chapter 22,669, Laws of
Florida, Acts of 1945. This statute amended several sections
of the enforcement provisions of the beverage law. See John-
son v. State, -..-......-- Fla. ......-..,- 28 So. 2d. Adv. 104.
SECTION 562.50, or Chapter 22,633, Laws of Florida, Acts of
1945. This statute prohibits the furnishing of intoxicating
liquors to habitual drunkards after notice.
SECTIONS 578.01-1 ET SEQ., or Chapter 22,694, Laws of
Florida, Acts of 1945. This statute amended several sections of
the Florida Seed Law.
SECTIONS 585.10, 585.11, 585.32, 585.32-1, 585.34 AND 585.44,
or Chapters 22,517, 22,581, 22,592, 22,886 and 23,080, Laws
of Florida, Acts of 1945. These statutes amended several
sections of the statutes relating to the State Live Stock
Sanitary Board. They permit closer cooperation between the
state and United States authorities; provide for the pur-
chase and distribution of anti-hog cholera serum and hog
cholera virus; inspection and transportation of meats in
this state and to the purchase and distribution of Bang's
disease vaccine.
SECTIONS 595.01 ET SEQ., or Chapters 22,519, 22,520, 22,522,
22,523, 22,524, 22,525, 22,526, 22,527, 22,529, 22,530, 22,531,
22,532, 22,533, 22,534, 22,535, 22,550 and 22,593, Laws of Florida,
Acts of 1945. These statutes amended existing laws concern-
ing citrus fruit and the Florida Citrus Commission and its
powers and duties in connection with citrus fruit.
SECTIONS 617.16 TO 617.20, or Chapter 22,657, Laws of
Florida, Acts of 1945. These sections provide when corpora-
tions for profit may become corporations not for profit and
the procedure to accomplish such transition.
SECTIONS 629.01 TO 629.24, or Chapter 22,621, Laws of
Florida, Acts of 1945. This statute provides for the regula-
tion of rates for fire and other insurers in this state. Such
regulations are placed under the supervision of the insurance
commissioner.
SECTIONS 630.01 TO 630.12, or Chapter 22,637, Laws of
Florida, Acts of 1945. This statute provides for the regulation
of rates for casualty insurance and fidelity, guaranty and
surety bonds. Such regulation is placed under the super-
vision of the insurance commissioner.
SECTIONS 632.07 AND 632.08, or Chapters 22,858, 22,619
and 23,139, Laws of Florida. Acts of 1945. These sections
relate to domestic mutual fire insurance associations and
prohibit any transaction of business by them until license
is granted. The risks authorized to be assumed by such asso-
ciations are set out in the statute.
SECTIONS 635.17-1 TO 635.17-3, or Chapter 22,880, Laws
of Florida, Acts of 1945. This statute requires insurers to
submit their insurance forms to the insurance commissioner
for approval before use.













22 JOURNAL OF THE HOU


tion and operation of medical, surgical and hospital service
plans in this state under the direction of the insurance
commissioner.
SECTION 653.16, or Chapter 22,849, Laws of Florida, Acts
of 1945. This section regulates the payment of deposits made
in more than one name.
SECTION 653.17-1, or Chapter 22,591, Laws of Florida, Acts
of 1945. This section regulates the payment of deposits made
in banks and trust companies in the names of minors.
SECTIONS 695.21 TO 695.23, or Chapter 23,114, Laws of
Florida, Acts of 1945. This statute requires that instruments
other than mortgages conveying or purporting to convey real
estate or any interest therein contain the post-office address
of grantees as a condition precedent to recording the same.
SECTIONS 731.01 TO 734.40 AND 736.01 TO 736.05, or
Chapter 22,783, Laws of Florida, Acts of 1945. This statute
was a decision of existing statutes without any material
change in substance. However, Sections 731.34. 732.16, 732.17,
732,19, 732.24, 732.45, 732.47, 733.04, 733.23, 733.26, 733.28,
733.43 and 734.29 were amended by Chapter 22,847, Laws of
Florida, Acts of 1945, which was a general revision by the
State Bar Association of said sections, some of which amend-
ments were material changes in the existing statutes.
SECTIONS 732.05 AND 732.15, or Chapter 22,767, Laws of
Florida, Acts of 1945. These sections were amended by the
above chapter so that the cause is in legal effect removed to
the circuit court when the county judge is disqualified and
the circuit judge acts. Appeals from orders of the circuit
judge acting where a county judge is disqualified lie to the
supreme court and not to the circuit court under this amend-
ment. This amendment changed the rule adopted by the
Florida Probate Law and made it the same as before the
adoption of that law. See In re. Starr's Estate, 125 Flo. 536,
170 So. 620, upholding a similar law in force prior to the adop-
tion of the Florida Probate Law.
SECTIONS 735.01 TO 735.13, or Section 15, Chapter 22,847,
Laws of Florida, Acts of 1945. This law amended the exist-
ing statutes providing when administrations on estates of dece-
dents are unnecessary in this state and the court proceedings
in connection therewith. There was no material change in
this statute by the amendment, except as to the amount of
the estates which come within the statutes. The main pur-
pose of he statute was to clear up some defects in the prior
law. The amendment also provided a streamlined administra-
tion proceeding for small estates (Sections 735.01 to 735.03).
This revision was prepared and approved by the State Bar
Association and submitted to the 1945 Legislature, which
adopted it. Although involving a prior statute see Coral
Gables First National Bank v. Colee, 155 Fla. 498, 20 So. 2d.
675 and Coral Gables First National Bank v. Hart, 155 Fla.
482, 20 So. 2d. 647.

SECTION 736.06, or Chapter 22,884, Laws of Florida, Acts
of 1945. This statute provides for the admission to record of
duly authenticated copies of probate proceedings had in other
states, and the effect of such copies in this state from and
after three years from the death of the decedent in question.
After said three years, the said copies are made evidence of title
to real estate where there has been no administration in this
state upon the estate of the decedent in question.
SECTION 741.04, or Chaper 22,643, Laws of Florida, Acts
of 1945. This statute amended the laws relating to the issu-
ance of marriage licenses and required the publication of a
three-day notice prior to the issuance of same. See Blanton v.
State, 156 Fla. 694. 24 So. 2d. 232; Eckersley v. Eckersley,
157 Fla. 722, 26 So. 2d. 811.

SECTIONS 741.05-1 TO 741.05-12, or Chapter 22,738, Laws
of Florida, Acts of 1945. This statute requires a serological
test as a condition precedent to the issuance of a marriage
license and regulates the making of said tests and the preser-
vation of the reports in connection therewith filed with the
county judge.



S



SECTIONS 744.01 TO 746.17, or Chapter 22,750, Laws of
Florida, Acts of 1945. This statute was a general revision
and extension of the existing guardianship laws of this state,
prepared by the State Bar Association and submitted to the
1945 Legislature, which enacted the same as preparedby the
bar association. The. revision extended the existing laws on



;E OF REPRESENTATIVES April 9, 1947


guardianship and brought them up to date. The revision
seems to be complete and in detail and a great improvement
over the statutes prior to such revision and amendment See In
Re. Cameron's Estate, ........ Fla. ..-...., 28 So. 2d. Adv. 110.
SECTIONS 747.01 TO 747.04, or Chapter 22,888, Laws of
Florida, Acts of 1945. This statute provides for conservation of
the property of persons missing in action, captured or other-
"wise unaccounted for during service with the armed forces
in wartime. The purpose of this statute appears to be the
protection of the property of members of the armed forces
when prisoners of war or otherwise out of touch with their
home country.
SECTIONS 77101 TO 771.08, or Chaipter 23,138, Laws of
Florida, Acts of 1945. This statute abolishes actions for aliena-
tion of affections, criminal conversation, seduction and breach
of promise in this state but preserves such rights of action as
existed at the time of the enactment of the statute; however,
it placed a sixty-day limitation upon the right to bring such
actions. See Goldstein v. Young. 156 Fla. 502. 23 So. 2d. 730.
SECTION 817.36, or Chapter 22.726, Laws of Florida. Acts
of 1945. This statute prohibits resale of tickets of common
carriers, places of amusement, etc.. at a price in excess of one
dollar above the price therefore by the original seller. This
section exempts travel agencies in this state having an estab-
lished place of business.
SECTION 836.11, or Chapter 22,744. Laws of Florida, Acts
of 1945. This statute prohibits the publication of any material
which tends to expose persons to hatred, contempt or ridicule
unless the person publishing the same show his true name and
post-office address in said publication. It relates to almost
any kind of publication, whether by newspaper or otherwise.
SECTION 839.22, or Chapter 22,761, Laws of Florida, Acts
of 1945. This statute prohibits the commission of unlawful
acts under color of office and makes such violations a crime.
The law relates to officers of the United States and of the State
of Florida.
SECTION 918.10, or Chapter 22.775. Laws of Florida, Acts
of 1945. This statute relates to charges by judges in trial
of criminal matters. It amended the existing law by requiring
that the judge include in his charge the penalty fixed by law
for the offense of which the accused is on trial.
SECTION 952.23, or Chapter 22.742, Laws of Florida. Acts
of 1945. This statute authorizes the Board of Commissioners
of State Institutions to use state convicts at certain state
institutions and agencies under the operation and management
of such board.
D-
IMPORTANT COURT PROCEEDINGS AND DECISIONS
During the years 1945 and 1946 there were several important
court proceedings and decisions, most of which relate to or
airive out of the above constitutional, amendments and legis-
lative enactments, of sufficient importance to justify their
inclusion in this report. These court proceedings and decisions
will be classified according to general subject matter and
points of law involved.
RIGHT-TO-WORK AMENDMENT AND LABOR LAWS.
AMERICAN FEDERATION OF LABOR V. WATSON CASES.
-The opinions of the three judge federal district court (Amer-
ican Federation of Labor v. Watson, DC Fla., 60 Fed. Supp.
1010) and of the Supreme Court of the United States (Amer-
ican Federation of Labor v. Watson, 327 U. S. 582, 66 S. Ct.
761, 90 L. Ed. Adv. 715) involving the operation and validity
of section twelve of the state declaration of rights, sometimes
referred to as the right-to-work amendment, is fully discussed
under the title "1944 Constitutional Amendments" of this part
of this report, to which reference is made.
FRAZIER V. COLEMAN, 156 Fla. 413, 23 So. 2d. 477.-In
this case the appellant Frazier, together with certain other
bus drivers in Miami, Florida, were informed against, by the
county solicitor, for participating in a "strike, walkout and



cessation 6f work and continuation thereof without the same
being authorized by a majority vote of the employees to be
governed thereby" in violation of section 481.09 of the Cumula-
tive Supplement to Florida Statutes, 1941. In habeas corpus
proceedings in the circuit court the appellant was remanded,
from which order or remand he appealed. The judgment of
remand was affirmed by the supreme court which refused



- -












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to directly pass upon the constitutionality of a statute, even
when directly challenged as was done in the case, when the
cause in which the challenge arises may be fully determined
upon other meritorious grounds.
HILL V. WATSON CASES.-Section -481.04 of the Cumula-
tive Supplement to Florida Statutes, 1941, requires the pro-
curement of a license or permit, as in said section provided,
as a condition to acting as a business agent of a labor organiza-
tion in this state. Business agents are defined in section
481.02 of said statute. Section 481.06 requires the filing of an
annual report by labor organizations operating in this state.
Sections 481.04 and 481.06 were subject to court construction
in a proceeding brought by one Hill against the attorney gen-
eral of Florida and others in the circuit court of Duval county,
which court upheld the validity of the law in question. The
case was appealed to the supreme court of this state (Hill v.
Watson, 155 Fla. 245, 19 So. 2d. 857) where the decree of the
lower court was affirmed. The decision of the supreme court
of this state was reviewed by the Supreme Court of the United
States (Hill v. Watson, 325 U. S. 533, 65 S. Ct. 1373, 89 L. Ed.
1782) on certiorari and reversed in part and affirmed in part.
It was reversed only in so far as it may conflict with the
National Labor Relations Act and affirmed in all other respects.
A final decree was entered by the circuit court of Duval county,
pursuant to the mandate of the appellate courts in the case, on
February 1. 1946. The effect of the decisions of the courts was
(1) to delete the following language from section 481.04, to
wit, "and are of the opinion that the public interest requires
that a license or permit should be issued to such applicant";
(2) to hold said sections 481.04 and 481.06 valid and enforce-
able so as to require the filing of reports and that business
agents obtain a license or permit before they engage in activ-
ities as such business agent in this state, except any person
may engage solely in the activities of a collective bargaining
representive under the Nati onal Labor t atoal Relations Act with-
out such a license so long as he does not engage in activities
not covered by such National Labor Act; (3) to hold that labor
organization may not be enjoined, upon failure to comply with
section 481.06, from functioning solely with respect to collec-
tive bargaining activities under and as contemplated by the
said National Labor Act, but as to all other activities the provi-
sions of the statute are valid and enforceable by injunction or
other proper legal means. In view of the recognized pur-
poses, functions and activities of labor organizations in this
state, all such organizations must comply with the state statutes
except as otherwise provided by the National Labor Act.
MIAMI WATER WORKS LOCAL NO. 654 V. CITY OF
Miami, Fla. ......., 26 So. 2d 194.-Miami Water Works Local No.
654, a labor union affiliated with the American Federation of
Labor, instituted suit in the circuit court for Dade county for
a declaration of its rights as a labor union in its relationship
with the City of Miami. The said local alleged that it was the
proper bargaining agent for the employees of the city water-
works, to bargain collectively with the city concerning its
employees at the waterworks but that the city and its officials
refused to so bargain with them. The circuit court granted the
city's motion to dismiss the proceeding for declaration and the
union appealed the cause to the supreme court of the state. The
right of the union to bargain collectively with the city was
based on chapter 481 of the Cumulative Supplement to Florida
Statutes, 1941, and upon section 12 of the declaration of rights
of the state constitution. The supreme court observed that
the said constitutional amendment "does not give the right
of collective bargaining to any group." The supreme court
affirmed the dismissal of the suit by the circuit court. The
effect of the decision in this case was to hold that the city is
not required under the law to recognize the union in question.

NATION V. STATE, 155 FLA. 219, 22 SO. 2D. 219.-Although
this case does not involve the right-to-work amendment or
chapter 481 of the statute it does involve the transportation
of labor from this state. Section 205.59, Florida Statutes, 1941,
as amended, requires that all persons who come into this state
to procure labor for employment beyond the borders of this
state must obtain a license. In the above case the appellant
came into this state and solicited labor in this state to.be trans-
ported to other states for employment there without obtaining
a license as required by said section 205.59 and was convicted
of violating such statute, by the criminal court of record for
Orange county. On appeal to the circuit court this conviction



was affirmed. The supreme court refused to quash the affirm-
ance of the circuit court on certiorari to that court.
SCHOOL STATUTES AND LAWS,



April 9, 1947



paying white teachers higher salaries than colored teachers.
Prior to the institution of this suit the teachers of the county
had been divided into white and colored classes and there may
have been discrimination in salaries; however, upon com-
plaint of the colored teachers and study of the matter by the
board also prior to the bringing of the suit, the former



E OF REPRESENTATIVES 23


There have been several important court decisions and
opinions construing or applying school statutes or laws of this
state. Of these decisions and opinions the following appear
to be the most important:
FOWLER V. TURNER, -...-.. FLA. ..-...., 26 SO. 2D. 792.-In
this case the court construed a local act only applicable to Dade
county which provided for the consolidation of all the tax
school districts in Dade county into a single district. The
supreme court first held the enactment to be invalid but on
rehearing set aside its said ruling and upheld the act. This
act provided that the consolidation district, that is the entire
county, "shall be primarily liable for all of the bonds and other
obligations of the several districts so consolidated and subject
to be taxed for the payment thereof." The court held that if
these words are to be construed literally, the act would be
unconstitutional. It then resorted to that rule of statutory
construction to the effect that if there is any reasonable theory
upon which a statute can be upheld it is the duty of the
courts to adopt that theory in favor of its validity, and then
held the quoted words to mean that the new consolidated
district would only administer the financial affairs of the
former districts and leaving the former districts severally
liable for their respective bonds. The court also held that it
is not necessary under the Constitution for a county to be
divided into more than one tax school district. Also, note-
worthy was the holding that the area affected in the referen-
dum provided for in the Act was the entire county and not
the several tax school districts.
BOARD OF PUBLIC INSTRUCTION V. BRITT, ........ FLA.
..., 26 SO. 2D. 902.-This case was decided shortly after the
case of Fowler v. Turner, above discussed, and upheld the
principals enumerated in the Fowler v. Turner case and held
them applicable to the organization of more adequate school
districts under section 236.59. Florida Statutes, 1941. These
decisions will undoubtedly speed the recent tendency toward
consolidation of tax school districts.
WEAR V. FAULKNER, ........ FLA. ........ 27 SO. 2D. 745.-In
this case the Board of Public Instruction for Polk County was
proceeding under section 236.59, Florida Statutes, 1941, which
provides for organization of more adequate special tax school
districts in this state. The plan of organization of such dis-
tricts in Polk county under said statute involved the consolida-
tion of districts and parts of districts. The plan was approved
in some of the existing districts and disapproved in others.
The opinion of the court in this case clarified the question of
the effect of favorable elections in some districts and unfavor-
able ones in other districts. The court held that where the
vote was unfavorable in an old district or part of a district that
such old district or part of district remained as before the
election and that the statute did not require that all of the
voting areas, that is all of the newly proposed districts in the
county, approve the plan.
SATAN FRATERNITY V. BOARD OF PUBLIC INSTRUC-
TION, ........ FLA. ,.... 22 SO. 2D 892.-This case upheld the
constitutionality and validity of the 1943 act, now sections
242.46, 242.47 and 242.48 of the Cumulative Supplement, Florida
Statutes, 1941, prohibiting the organization and operation of
secret societies, fraternities or sororities in the public free
schools of this state.
TAYLOR V. BOARD OF PUBLIC INSTRUCTION
FLA. ......... 26 So. 2d. 180.-In this case the supreme court,
construing section 227.13, Florida Statutes, 1941, held that
county boards of public instruction have authority to borrow
money for the acquisition or construction of homes for
teachers employed by them.
REYNOLDS V. BOARD OF PUBLIC INSTRUCTION, CCA
5TH, 148 FED. -2d. 754.-Although this case was decided by
the United States Circuit Court of Appeals just prior to
the present biennium it seems to be of sufficient import-
ance for inclusion in this report. Reynolds, a colored teacher
in Dade county, brought a class suit, in behalf of himself
and all others having similar rights, for a declaratory decree
and an injunction against the Board of Public Instruction
for Dade county to adjudicate the rights of the plaintiff
against an alleged policy of the defendant school board in













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division of teachers into white and colored classes was dis-
continued and a rating system of teachers installed by the
board. Under the system so established a rating of each
teacher, white and colored, was made by a rating commit-
tee composed of five professional instructors, including the
county superintendent. Under this rating system tests to
both white and colored teachers were given in the same
room and at the same time. The installation of the new
system resulted in many salary changes of individual teach-
ers, both white and colored Both the district court and the
circuit court of appeals found that the operation of the rating
system was fair and just and without discrimination, and
upheld that method of fixing salaries, and the fixing of
salaries by such classification as not being in violation of
the State or Federal Constitution. A similar ruling was made
by Judge Barker in 1943. In that case ratings were based
upon (1) physical health, personality and character, (2)
scholarship and attitude, (3) instructional skill and per-
formance, (4) years of college attended and (5) years of
teaching experience.
BURDESHAW V. VASSAR, 156 FLA. 781, 24 So. 2d. 364.-
In this case the court upheld the right of the Board of
Public Instruction to establish attendance areas in the county
and to provide for transportation to and attendance of chil-
dren, residing within those attendance areas, at designated
schools.
WICKER V. BOARD OF PUBLIC INSTRUCTION, 156 FLA.
7, 22 So. 2d. 255.-In this case a Board of Public Instruction
had purchased certain real property and gave its promissory
not for the purchase price thereof, This promissory note
was negotiated and suit was brought, by an endorsee thereof,
upon the original obligation for which the note was given
but .not upon the note itself. The circuit court sustained a
demurrer to the declaration in the case but on appeal to
the supreme court this judgment was reversed. The su-
preme court held that, notwithstanding the invalidity of the
note, the board was stopped to deny liability for the pur-
chase price of the property. The court said that the declara-
tion did not entirely fail to state a cause of action.
BOARD OF PUBLIC INSTRUCTION V. STATE, 156 FLA.
719, 24 So. 2d. 105.-In this case school bonds had been voted,
however after the election it was discovered that the reso-
lution for their issuance provided that two of the installments
be made in a sum less than three per cent of the total prin-
cipal of the issues, in violation of section 17, article XII,
of the state constitution. The board petitioned the court
for leave to correct the error, which petition was denied by
the circuit court. The supreme court held that the petition
should have been granted and the board permitted to make
the correction, because it appeared to be a mere oversight
and no person had complained and no person would be in-
jured.
Taxation; interest of purchasers when title in federal gov-
ernment.-
BANCROFT INVESTMENT CORPORATION V. CITY OF
JACKSONVILLE, ........ FLA. ......... 27 So. 2d. Adv. 162.
During the year 1940 the United States sold and agreed to
convey the old post-office building and premises in Jack-
sonville to the Hogan and Adams Corporation, deed to be
made after full payment of the contract price, which was
payable one-fifth in cash and the balance in five equal
annual installments. Under the contract, title to the prop-
erty was to remain in the United States until payment of the
contract price in full; however, possession was immediately
given to the purchaser. Subsequent to the making of this
contract the Hogan and Adams Corporation assigned and
set over their interests and possession to the Bancroft In-
vestment Corporation, who constructed a large store building
on the premises. For 1941 and subsequent years the City
of Jacksonville assessed a general real estate ad valorem
tax against the said property as property of the Bancroft
Investment Corporation; subject, however, to the rights
and interests of the United States. Suit was brought by
investment corporation for cancellation of this assessment.
The tax was upheld in the circuit court, but on appeal to
the supreme court the circuit court was first reversed and
the tax held invalid, on the ground that the legal title to the
property belonged to the United States; however, on re-



hearing the decree of the circuit court was upheld. After
the reversal of the case by the supreme court as aforesaid,



E OF REPRESENTATIVES April 9, 1947


application was made for a rehearing, the attorney general
having joined in such application for rehearing and re-
quested leave to appear in the cause as amicus curiae. Re-
hearing was granted and the attorney general was per-
mitted to file a brief in the cause on rehearing. Soon after
the application for rehearing was made, the Supreme Court
of the United States decided the case of S. A. R. Inc. v.
Minnesota, 326 U. S. .--...... 66 S. Ct ..._6..., 90 L. Ed. ........
thereby permitting the taxation of a similar property in
Minnesota. After this decision and on rehearing, the su-
preme court of this state receded from its opinion of re-
versal and affirmed the decree of the circuit court, thereby
holding that the interest of the purchaser was subject to
taxation in this state. Under the above decisions of the
Supreme Court of the United States and of this state, real
estate purchased from the United States on the installment
plan is subject to taxation in this state unless there is some
positive statute prohibiting its taxation, such as was the
case of homesteads entered under a prior federal law.
Taxation; priority between general taxes and drainage
assessments.-
DRAINAGE CASES.-In several cases (Trustees Internal
Improvement Fund v. Southwest Tampa Storm Sewer Drain-
age District, 142 Fed. 2d. 637; Baldwin Drainage District v.
MacClenny Turpentine Company, 154 Fla. 525, 18 So. 2d.
792; State v. Everglades Drainage District, 155 Fla. 403,
20 So. 2d. 397; State v. Broward Drainage District, 155 Fla.
407, 20 So. 2d. 399; State v. Lake Worth Drainage District,
155 Fla. 408, 20 So. 2d. 399) it has been held that under
the statute in this state making the lien of drainage district
taxes equal and on a parity with state and county taxes,
under tax forfeiture laws such as the Murphy act, and
where tax deeds are issued, the drainage lien becomes
superior to the title of the state under tax forfeiture laws or
the title to the grantee under a tax deed. In the Tampa
Storm Sewer Drainage District case, the federal courts held,
upon authority of decisions of the supreme court of this
state, that drainage taxes were to be paid in full before the
state received any compensation for its lands held under the
Murphy act. The legal effect of these decisions is to make the
state's title to its property subordinate and inferior to the
claims of the drainage districts upon the same lands. A bill
was offered in the 1945 session of the legislature for the pur-
pose of correcting this defect in the laws and giving the
state an equal claim to that of the drainage district in con-
nection with its Murphy act land and similar titles; however,
the bill failed to pass the legislature.

Taxation; powers of county commissioners in equalizing.-
ORANGE COUNTY V. BRADEN.-This case was in the
circuit court of Orange County and raised the issue as to
whether or not a board of county commissioners may make
a general revision of the assessments made by the tax
assessor. The issues get down practically to the question
as to whether or not the tax assessor or the board of county
commissioners, sitting as a board of equalization, is the
ultimate tax assessor of the county. In this case the board
of county commissioners of Orange county attempted to
make a blanket reduction of the taxes assessed on 92 pieces
of property on both sides of Orange Avenue, which pieces of
property constituted one body of land. The county commis-
sioners reduced the assessment made by the tax assessor
without having any definite objection thereto from the owners
of these lands. The circuit court held that the county com-
missioners were without authority to make a reassessment
of the property; that their powers were confined to cor-
recting apparent errors made by the tax assessor. Although
notice of appeal to the supreme court was filed in this case,
the same has not been perfected and I am now advised that
Orange county has abandoned its appeal.
Taxation; excise tax on note payable in another state.-
PLYMOUTH CITRUS GROWERS ASSOCIATION V. LEE,
FLA. .......... 27 So. 2d. Adv. 415.-In this case a promissory
note was executed in this state but mailed to the Columbia



Bank for Cooperatives of Columbia, South Carolina and was
made payable at such bank. The note was in the principal
sum of $750,000.00. The comptroller levied a documentary
stamp tax against the makers of the note for $750.00. The
makers of the note contended that it was not subject to
taxation under the laws of Florida because the transaction
















was not completed in this state. The lower court and the
supreme court held that the note was subject to taxation
under the laws of this state as it was within the purview
of the Florida statute, it having been made or executed in
this state. The court also held the mere fact that it was
made payable to an instrumentality of the United States was
not sufficient to exempt it from taxation as the tax was
against the maker and not the payee of the note.
Taxation; exemption of labor union halls.-
JOHNSON V. SPARKMAN.-This suit was in the circuit
court of Hillsborough county and sought to exempt from
taxation a lodge hall owned and occupied by a labor union.
The labor union contended that the lodge hall was exempt
from taxation because it was in effect a fraternal, charitable
or educational institution. The court held that the bill of
complaint as amended failed to show that such lodge hall
was used for such purposes and denied the writ of injunction
sought for the purpose of prohibiting the tax assessor from
assessing and the tax collector from collecting a tax on the
said lodge hall.

Taxation; excise tax on long term lease.-
DUNDEE CORPORATION V. LEE, 156 FLA. 699, 24 So. 2d.
234.--In this case the supreme court held that a ninety-nine
year lease of real property was a "written obligation to pay
money" and therefore subject to our excise tax on documents
or chapter 201, Florida Statutes, 1941. It was held that such
stamp tax should be computed on the present value of the
lease taking into consideration the present rate of interest
on money and the speculative and contingent attributes of
such leases. In its opinion the court sets out a formula for
calculating the present value of such leases.
Freedom of the press.-
PENNEKAMP CASES.-John D. Pennekamp was the as-
sociate editor of the Miami Herald, a newspaper of general
circulation published in Miami, Florida. On November 2,
1944, there was published in the newspaper an editorial and
cartoon which seems to have involved the subject of courts,
and on November 7, 1944, there was published another edi-
torial involving the same subject. These editorials and car-
toon seemed to reflect on or concern one of the circuit judges
in Dade county. After the publication of the editorial and
cartoon on November 2, 1944, the circuit judge who con-
sidered himself reflected on by the said editorial and car-
toon, or who they may have concerned, issued a citation to
the said associate editor and the corporation publishing the
newspaper to show cause why they were not in contempt of
court by said publication. Upon hearing the court adjudged
them to be in contempt of court. An appeal was taken
from this adjudication to the supreme court of this state
(Pennekamp v. State, 156 Fla. 227, 22 So. 2d. 875) which
court affirmed the same. On appeal to the Supreme Court
of the United States (Pennekamp v. Florida, 326 U. S. 709,
66 S. Ct. 1029, 90 L. Ed. 1001) the judgment of the state
supreme court and circuit court were reversed, the court
holding that the publication was within the constitutional
right of freedom of the press, that the alleged contemptuous
matter did not present a clear and present danger of high
eminence to the administration of justice in the Dade county
circuit court.
Elections and election laws.-
DAVIS, SUPERVISOR OF REGISTRATION V. STATE EX
REL., CROMWELL, 156 FLA. 181, 23 So. 2d. 85.-This case
involved the right of a negro person to register as a Demo-
cratic elector on the registration books of Escambia county.
The relator was otherwise a qualified elector under the laws
of Florida and offered to comply with all of the require-
ments of SECTION 102.21, Florida Statutes, 1941, governing
the registration of electors, and requested that he be regist-
ered by the respondent as an elector affiliated with the
Democratic party on the registration books of such county
despite the fact that the State Democratic Executive Com-
mittee had resolved that proper members of said party shall
be "White Persons." The case originated in the Circuit Court
of Escambia County when the respondent declined to permit
the relator to register as a democrat because he was a negro.
The supreme court upheld the contention of the relator and



ordered the respondent to permit the relator to register as
a democrat on the strength of the decision of the Supreme



Court of the United States in Smith v. Allwright, 321 U. S.
649, 64 S. Ct. 757, 88 L. Ed. 1594.
DAVIS, SUPERVISOR OF REGISTRATION V. STATE EX
REL., CHAVIS, 156 FLA. 178, 23 So. 2d. 87.-Like the Crom-
well case, this case was appealed to the Supreme Court of
Florida from the Circuit Court of Escambia County. In the
Chavis case the relator, a negro, was already registered on
the registration book of such county as a republican elector
and sought to have his party affiliation changed to the demo-
cratic party, by virtue of SECTION 102.11, Florida Statutes,
1941, providing a method for persons to register such a
change. The respondent refused to make the change because
the relater was a negro. The Supreme Court ruled with the
relator and ordered the respondent to effect the change,
the decision on this point having been founded on Smith v.
Allwright, supra.
STATE EX REL., BLACK V. GRAY.-Chapter 23614, Laws
of Florida, Acts of 1945, (section 10.01, 1945 Cumulative
Supplement to Florida Statutes, 1941) reapportioned the
state into senatorial districts, such reapportionment pur-
ported to have been made pursuant to section 3, article VII,
of the state constitution. Senator Graham Black, former
senator of the old thirtieth district, contending that the re-
apportionment was unconstitutional and void petitioned the
supreme court for a writ of mandamus against the secretary
of state requiring him to give election notices and to provide
for the election of state senators at the 1946 election as if
no reapportionment had been made as aforesaid. It was
alleged in the said petition that said chapter 23614 was not
enacted in compliance with the above section of the constitu-
tion. The court dismissed the petition without opinion.
HORRELL V. GRAY ET AL.-While no 1945 legislation
was involved in the case of James G. Horrell v. Gray et al,
as members of the state canvassing board, lately pending in
the circuit court for Leon county, it seems to be worthy of
comment here. In the 1946 primaries in Orange county, James
G. Horrell and Tyn Cobb, Jr., were the democratic nominees
for members of the house of representatives of this state,
running in democratic groups one and two respectively. There
were also two republican nominees for the same offices, run-
ning in republican groups one and two respectively. At the
1946 general election in Orange county the democratic nom-
inees and the republican nominees were arranged in two
party columns, democrats and republicans, as required by
statutes, with instructions to vote for two. At the election Cobb,
one of the democrats, received the highest number of votes.
Akerman, one of the republicans, the next highest, Horrell
one of the democrats, the next highest, and Chubb, one c!
the republicans, the lowest. The above suit was instituted by
the plaintiff for a declaratory decree and injunctive relief;
the bill seeking to have the court declare whether or not the
general election was by groups as in the primaries, with Cobb
and Akerman running in one group and Horrell and Chubb
in the other group, and to cause the state canvassing board
to certify the election in accordance with the declaration
of the court. The court, holding that only the house of
representatives have jurisdiction to judge the qualifications,
elections and returns of its members, dismissed the bill of
complaint.
EXTRADITION; PRESENCE IN DEMANDING STATE.
ENNIST V. BADEN, ........ FLA. ......... 28 So. 2d. Adv. 160.-
The court upheld the validity of section 941.06, Florida Stat-
utes. 1941. and held it to be a valid exercise of legislative
power. This section of the statute provides for the extradition
of persons who were not present in the demanding state at
the time of the commission of the crime charged. This section
is a part of the uniform criminal extradition law which was
enacted by Florida in 1941. Research reveals that this case
is one of only four cases in the appellate courts of the several
states where this particular question and section has been
considered. In its opinion the court sets forth the necessary
requisites for an indictment, information or affidavit to sup-
port extradition by virtue of this section, as follows: "We
think that it is essential that the indictment, information
or affidavit under which extradition is sought to be issued in
the purview of this state statute must allege that at the
time the alleged crime was committed the accused was then



either in this state or that he was then in a third state
(named in the charging document) and in the state named
committed an act intentionally resulting in a crime in the



April 9, 1947



JOURNAL OF THE HOUSE OF REPRESENTATIVES












26



JOURNAL OF THE HOUSE



state whose executive authority is making the demand, or
must contain a showing that the accused was in the demand-
ing state at the time the crime was committed, and that
otherwise the extradition warrant cannot lawfully issue."

Conservation laws.-
CALDWELL V. MANN, ........ FLA. ........, 26 So. 2d 788.-
SECTION 374.23, Florida Statutes, 1941, prohibits the taking,
possession, buying, selling or offering for sale or shipping of
any fresh or freshly salted mullet or mullet roe between De-
cember 1 of any year and January 20 of the next succeeding
year, and had its origin as Section 2, Chapter 10,123, Laws
of Florida, Acts of 1924. When originally enacted, this statute
was applicable to the whole of Florida but by virtue of sub-
sequent acts of the legislature, thirty counties have been
eliminated from its operation in so far as the same relates to
the possession, buying, selling or offering for sale or shipping.
This case was instituted in the Circuit Court of Leon County
to restrain the State Board of Conservation and the Super-
visor of Conservation from enforcing the last mentioned pro-
visions of the statute on the ground that such provisions
were violative of the equal protection clause of the Declaration
of Rights of our State constitution, in that the plaintiffs,
who were doing business in counties where said provisions
were operative, were unable to possess and sell mullet during
the closed season while others engaged in the same business
but situated in counties that had been removed from the
operation of the statute were permitted to possess and sell
mullet during the closed season. Three of the plaintiffs were
doing business in inland counties not bordering upon water
inhabited by mullet, while the remainder of the plaintiffs
were doing business in counties bordering upon the Gulf of
Mexico and counties in which this class of fish is protected
during the closed season. Upon appeal, the supreme court
held that the enforcement of the statute in those counties
within its operation and which border on salt water and
therefore have within their boundaries fish which it is the
purpose of the statute to protect, is not contrary to the con-
stitutional rights of a person engaged in the business of selling
fish in those counties. This holding was based upon the theory
that the inhibition against the possession and sale of mullet
during the closed season is incidental to the principle purpose
of the statute, namely, the protection of the salt-water fish
industry in those counties and is the means by which that
objective is accomplished. The court further held, however,
that by eliminating inland counties for the operation of the
statute, the legislature destroyed the equal protection of the
law in so far as the statute applies to non-coastal counties and
that there being no valid basis for a classification prohibiting
the possession and sale of mullet in the non-coastal counties
to which the statute is still applicable, the statute is invalid
and may not be enforced in the latter counties without an
unlawful discrimination. It seems that this case points up the
urgency and necessity for legislation on a state-wide basis
which will eliminate this ridiculous situation.
Beverage statutes.-

CONTINENTAL DISTILLING SALES COMPANY V. VO-
CELLE, ........ FLA. ........, So. 2d Adv .........-This case was an
original mandamus proceeding in the supreme court, the
purpose of which was to coerce the respondent into issuing to
the relator a license to do business as a distributor of intox-
icating beverages in this state. Section 561.24, Florida Stat-
utes, 1941, prohibits a manufacturer manufacturing spirituous
liquors in any state other than this state from having such
license and the director declined to issue same on the ground
that the relator was subsidiary and a mere adjunct or in-
strumentality of a parent corporation that was such a man-
ufacturer and that, therefore, he could not issue the license
by virtue of said section. The court held that the parent and
the subsidiary were separate corporate entities, that the
statute did not prohibit the issuance of the license and the
respondent was ordered to approve the application for such
license and see that it was issued. Legislation should be en-
acted to correct the possible repetition of a similar decision.
Section 561.42, Florida Statutes, 1941, relating to the so-
called "tied house evil," prohibits a license manufacturer or
distributor from having any financial interests, directly or
indirectly, in the establishment or business of any vendor
(retail dealer) licensed under the beverage law and otherwise



restricts the relationship between such a vendor and man-
ufacturer or distributor. It would appear that if this section



E OF REPRESENTATIVES April 9, 1947


contains any merit, the aforesaid section 561.24 should be
amended to contain similar provisions. A really interesting
feature in this case developed when the respondent filed a
suggestion that the court lacked jurisdiction to proceed be-
cause neither the governor nor his order on the aforesaid
application was before the court. The application for the
license was approved by the board of county commissioners
of the county in which it was made and subsequently disap-
proved by the director. In these circumstances, it is required
by section 561.20, Florida Statutes, 1941, that the findings and
evidence before the board of county commissioners and the
findings and evidence before the director be certified to the
governor "who shall finally order the application to be
granted or denied as justice shall require." Although the
governor, under the quoted provision, had ordered the ap-
plication denied, the relator brought his suit directly against
the director, a subordinate to the governor under the beverage
law, and the record did not contain the order of the governor
or reflect his reasons for ordering the application denied. The
state took the position that under the last mentioned section
the order of the governor was just as much due process of
law as the judgment of a cotrt (and such is the law) and
that certainly the court could not pass upon the matter in
the circumstances; however, the suggestion was denied with-
out opinion and despite the fact that the opposing counsel
was never able to cite any law in his oral argument or brief
in contradiction of our position. Therefore, it appears that
the requirement that such a matter be referred to the gov-
ernor is a time-consuming, needless, and fruitless step and
that section 561.20 should be amended so as to eliminate such
step from the procedure therein contained.
State and county officers and employees' retirement systems.-
The legislature of 1945, by chapters 22831, 22863 and 22938
laws of Florida, acts of 1945, (chapters 121, 321 and 134,
respectively, Cumulative Supplement to Florida Statutes, 1941)
provided retirement systems for county officers and em-
loyees, officers and employees of the state highway patrol,
and state officers and employees. The validity of these stat-
utes were involved in the following cases:
STATE V. LEE,........ FLA. ........, 24 So. 2d. 798.-In this
case the supreme court of this state held valid chapter
22938, laws of Florida, acts of 1945 (chapter 134, Cumulative
Supplement to Florida Statutes, 1941) setting up a retire-
ment system for county officers and employees.
STATE V. KIRKMAN, ........ FLA. ........ 27 So. 2d 610.-
There was an attempt in this case to obtain from the courts
an adjudication as to the validity of chapter 22863, laws of
Florida, acts of 1945, (chapter 321, Cumulative Supplement
to Florida Statutes, 1941) setting up a retirement system for
the officers and employees of the state highway patrol;
however, instead of determining the validity of the statute
the lower court dismissed the cause upon purely technical
grounds and the supreme court affirmed the cause without
deciding the validity of the enactment.
STATE V. LEE, ........ FLA. ......... 28 So. 2d 104.-In this case
the supreme court of this state held valid chapter 22831, laws
of Florida, acts of 1945 (chapter 121, Cumulative Supplement
to Florida Statutes, 1941) setting up a retirement system for
state officers and employees.
State building fund.
STATE V. LEE, ........ FLA. ......... 27 SO. 2D. 84.-Chapter
22820, laws of Florida, acts of 1945 (sections 282.24-282.26,
Cumulative Supplement to Florida Statutes, 1941) created a
state building fund from which funds are to be taken for the
purpose of constructing the buildings and improvements
authorized by the enactment. Under the terms of this act the
board of commissioners of state institutions and the state
budget commission had certain powers and duties concerning
the allocation of funds into the said state building fund. Upon
a difference of opinion between the state comptroller and the
membership of said board and commission a proceeding in
mandamus was brought, (Caldwell et al., v. Lee, ........ Fla..........
27 So. 2d. 84) against the comptroller, by the board of com-



missioners of state institutions and the state budget commis-
sion to determine this difference of opinion. The effect of the
proceeding was to coerce the state comptroller to comply with
certain resolutions of the said board and commission and to
transfer certain funds into the state building fund. The
effects of the decision in the case as applied to the facts












JOURNAL OF THE HOUSE



thereof, are summarized as follows: (1) the ascertainment of
unneeded "surpluses" or "balances" in the various funds of the
state and funds and appropriated balances of state depart-
ments by the budget commission, and the setting aside by
said commission, with approval of the governor, of such un-
needed funds, and the covering of same into the state building
fund, as contemplated by section 2 of the act, did not con-
stitute an unlawful delegation of the legislature power; (2) the
specifically described items and respective amounts opposite
such items, as set forth in groups "A", "B" and "C" of section
1 of the act, are estimates only, and the state board of admin-
istration is bound neither by the specific items nor amounts
but may modify the same, within its discretion, as it sees fit
to accomplish legislative intention; and (3) that the transfer
of surpluses and balances from other funds to the state build-
ing fund to meet the program of the board of commissioners
of state institutions and the use of such moneys for said pur-
pose is not invalid because of indefiniteness of appropriation.
It will be observed that the effect of such decision is to vest in
the executive branch of the state government the power to use
state funds for a state building program of the character and
to an amount and degree limited only by the total of such
"surpluses" or "balances"; and since such construction has been
given the act, it is considered proper to call the same to the
attention of the legislature so that it may determine whether
or not it intended to surrender any of its constitutional powers
and prerogatives.
Juvenile court of Monroe county.-
WATSON V. ROBERTS, ........ FLA ........., 25 SO. 2D. 888.-
The 1945 legislature enacted chapter 22898, laws of Florida,
acts of 1945, applicable to all counties having a population of
14,000 to 14,200, transferring the powers and duties of juvenile
judges in such counties to the county judge of such counties.
Under the above stated population the act applied only to
Monroe county. Because of the uncertainty of the validity and
effect of the act a proceeding in quo warrant was brought in
the supreme court against the judge of the juvenile court to
determine whether or not his office was in any way affected
by the said act. Because of the uncertainty of the validity
and effect of the act, for some months following its enact-
ment neither the juvenile judge nor the county judge would
act in juvenile matters. In the said quo warrant proceeding
the supreme court held the said act invalid and unconstitu-
tional, thereby removing any doubt as to the jurisdiction over
juveniles in Monroe county.

Unemployment compensation questions.-
The attorney general has participated, with counsel for the
unemployment compensation division of the industrial com-
mission, in four unemployment compensation cases; however,
from the standpoint of remedial legislation there appears
to be no point in more than mentioning them. These cases
are as follows: Texas company v. Florida Industrial Commis-
sion, 155 Fla. 536, 20 So. 2d. 680 (holding that where a
subsidiary is merged into a holding corporation owning all of
its stock such holding company succeeded to subsidiary's busi-
ness, and was entitled to have contributions under unemploy-
ment compensation law calculated on merit rate of subsidiary's
employment record); Florida Industrial Commission v. Orange
State Oil Co., 155 Fla. 772, 21 So. 2d. 599 (holding that bulk
station distributors of oil company's products under contract
which court construed made them independent contractors,
not employees under unemployment compensation law); Inter-
national Power and Paper Co. v. Florida Industrial Commis-
sion, in Leon Circuit Court (controlled by Texas Co. case
above); and Gulf Oil Corporation v. Florida Industrial Com-
mission (now pending in the Circuit Court of Leon County and
involving construction and application of the subcontractor
clause of the unemployment compensation law).
Insurance statutes and laws.-
The legislature of 1945 enacted three laws relating to insur-
ance and insurers doing business in this state, to wit, chapters
22671, 22737 and 22749, laws of Florida, acts of 1945. Chapter
22671 (sections 205.43 and 205.44, Cumulative Supplement to
Florida Statutes, 1941) assessed a license tax against insurers
doing business in this state, which included a premium tax
against both domestic and foreign insurers. The premium tax
against domestic insurers was new in the 1945 act. This act
set up a method of computing and paying these premium



taxes. This chapter became effective on May 23, 1945. Chap-
ter 22749 (section 205.44-1) provided an optional method of



April 9, 1947



SNIPES V. STATE, 156 FLA. 85, 22 So. 2d. 506.-The ap-
pellant, a negro shot and killed the sheriff of Walton county
for which he was convicted in the circuit court. The supreme
court reversed this conviction on the grounds that the evi-
dence showed that if the appellant fired the fatal shot he
fired it in lawful self defense. The cause was remanded to
the circuit court with directions to discharge to the appellant.
WALKER V. MAYO, 156 FLA. 537, 23 So. 2d. 673.-Early
Walker was released on conditional pardon by the pardon



;E OF REPRESENTATIVES 27


computing and paying premium receipt taxes by insurers. The
legal effect of this chapter may have been to favor domestic
insurers over foreign insurers. This chapter became effective
May 30, 1945. Chapter 22737 (section 205.45) amended the
existing statute relating to insurance agents and solicitors and
licenses in connection therewith. Some provisions of these
statutes have been involved in the following cases:
MODERN WOODMEN V. LARSON.-This was a proceed-
ing in the circuit court of Leon county for declaratory decree
construing chapter 22737 which required license taxes of insur-
ance agents within its purview. The question presented by the
pleadings was whether or not agents of fraternal benefit asso-
ciations were within the purview of the chapter, the court held
that they were not.
PRUDENTIAL INSURANCE COMPANY CASES.-These
cases involved a construction of chapter 22749 (section 205.44-1,
Cumulative Supplement to Florida Statutes, 1941) and the
effect of such chapter upon the construction and validity of
chapter 22671 (sections 205.43 and 205.44 as amended) and
the validity of former sections 205.43 and 205.44, Florida
Statutes, 1941, which were expressly repealed by said chapter
22671. Chapter 22671 provides license and premium taxes
against insurers and, among other things, included in its
premium tax feature domestic insurers theretofore exempt from
such a tax. Former section 205.43, Florida Statutes, 1941, con-
tained no premium tax against domestic insurers. Chapter
22749, in effect and in part, provides that insurers required to
pay premium taxes in this state may take credit on such taxes
an amount equal to the proportion or percentage of said
premium tax which the proportion or percentage of the total
amount of all premiums received from policyholders in this
state bear to the total of all premiums received by the insurer
on policies and annuity contracts wherever written. In two cases
(Prudential Insurance Company v. Larson) instituted in the
Circuit Court of Leon County, one a mandamus action and the
other a proceeding for a declaratory decree, the plantiff sought
the refund of approximately $125,000 representing 1946
premium taxes paid by it (under protest) in pursuance of said
chapter 22671. Plaintiff contended that chapter 22671 and
22749 were parts of a single plan for taxation, and that chapter
22749 rendered such tax discriminatory as to foreign insurers.
However, on or about June 3, 1946, the Supreme Court of the
United States rendered a decision (Prudential Insurance Com-
pany v. Benjamin, 326 U. S. ......, 66 S. Ct. 1142, 90 L. Ed. Adv.
1023) upholding a South Carolina statute, which concluded the
questions raised in the above suits in the Circuit Court of Leon
County. After the decision in the above case by the Supreme
Court of the United States, the plaintiff dismissed the above
cases in the Circuit Court of Leon County. The same plaintiff
had two other similar suits, involving the validity of prior
sections 205.43 and 205.44, Florida Statutes, 1941, then pending
on appeal in the state supreme court, for the refund of approxi-
mately $110,000.00 paid by it, under protest, about March 1,
1946, which appeals were also dismissed upon motion of the said
Prudential Insurance Company as appellant.
INDEPENDENT LIFE AND ACCIDENT INSURANCE
COMPANY V. LARSON.-This was a proceeding in the Cir-
cuit Court for Leon County for a declaratory decree and
injunction relief and involved the construction of chapter
22671, laws of Florida, acts of 1945 (sections 205.43 and
205.44, Cumulative Supplement to Florida Statutes, 1941)
which has been hereinabove described. The plaintiff contended
that the act in question was a premium tax payable at the end
of the tax year, the defendant contended that it was a license
tax to be measured by the premiums collected during the previ-
ous year. The plaintiff contended that it should be taxes only
on those premiums paid after the effective date of the act, May
22, 1945, for the tax year of 1945. The circuit court sustained
the contention of the plaintiff and the defendant appealed the
cause to the state supreme court where the same is how pending
on said appeal.
Criminal cases of interest.-












28 JOURNAL OF THE HOU


board, the condition being that it might be revoked by the
"board" if he did not thereafter living a law abiding and
peaceful life. His conditional pardon was revoked and, upon
his return to the state prison, he obtained a habeas corpus
writ from the supreme court upon his claim that the revoca-
tion was improper. In the order of revocation, it appeared
that the governor did not join in the revocation. Walker
filed a motion for discharge in which he contended that, in-
asmuch as section 12 of article 4 of the Florida constitution
required the governor to join in the granting of a conditional
pardon, it was equally necessary for the governor to join in
the revocation of such conditional pardon. The court, how-
ever, recognized the validity of the revocation by stating in
the opinion that . The board of pardons rescinded and
canceled the aforesaid conditional pardon previously issued
to Early Walker . ." The case should be kept in mind for
future use in case a prisoner should claim that the concur-
rence of the governor is essential to the revocation of a con-
ditional pardon whose condition provides for revocation by
the "board."
POWELL V. STATE, 156 FLA. 563, 23 So. 2d, 727.-This
is the only instance that I know of where an accused was
convicted of the common law crime of maintaining a dis-
orderly house. The conviction was affirmed on appeal.
BROWN V. MAYO, 156 FLA. 144, 23 So. 2d. 273.-In this
case the supreme court construed the Florida gain time law
(section 954.06, Florida Statutes, 1941). The construction
placed on this law by the court allowed a prisoner less gain
time than the prison division had been computing, with the
result that the prison division revised its system of computa-
tion so as to be in accord with the decision.
PATTERSON V. STATE, ........ FLA. ........ 25 So. 2d. 713.-
This is a case in which Patterson was convicted of first de-
gree murder and given the death penalty for. shooting a
Daytona Beach policeman who stopped his car for investiga-
tion: Patterson applied to the United States Supreme Court
for writ of certiorari, which was denied.
MOORMAN V. STATE, ........ FLA. ......., 25 So. 2d. 563.-
Moorman was charged with making an assault with a deadly
weapon, to wit, a rifle, with intent to commit murder, and
was convicted of aggravated assault. On appeal he contended
that the state had failed to show that the rifle was a deadly
weapon because there was no direct testimony that it was
loaded. The supreme court rejected this contention and held
that it was sufficient for the state to prove by circumstantial
evidence that the rifle was loaded, without producing direct
proof that it was loaded.
MITCHELL V. STATE, -...-... FLA. ........ 25 So. 2d. 73.-
This case involved the constitutionality of the last paragraph
of section 932.05, Florida Statutes, 1941, providing that if
an indictment charging a capital offense is returned after
two years from the commission of the offense, then a verdict
can be rendered for any lesser offense included in the in-
dictment. The supreme court held that this provision was
unconstitutional as denying equal protection of the law to a
person falling within its terms. The theory of the decision
was that a man should not be convicted of a noncapital
offense under an indictment brought after two years from
the commission of the offense merely because the indictment
charged a capital offense, when another man could not be
convicted of any offense if indicted for the same noncapital
offense after the expiration of two years.
WHALEY V. STATE, ..-.. FLA. ........ 26 So. 2d. 656.-So
far as I know, the point involved in this case had not there-
tofore been decided by the supreme court. The evidence
showed that Whaley gave his wife a beating in the woods;
that he then got her in his car and, while driving down the
road, got mad and drew back his fist as though he were going
to hit her again; that, through fear, she jumped out of the
car and was killed. The supreme court affirmed his conviction
of manslaughter.



SAPP V. STATE ........FLA. ......, 26 So. 2d. 646.-This is
another case of the first impression in Florida. Sapp went
to the bank to cash a $36.00 check given him in payment of
an installment due him for disability compensation. The
amount of the check, $36.00, was written out in full. Then,
followed a statement of the total amount of compensation
payments made to him up to that date, totaling $4,328.37,



S



E OF REPRESENTATIVES April 9, 1947


which amount was stated in figures preceded by a dollar
mark. The bank teller noticed this $4,328.37 but carelessly
failed to observe that the amount of the check was only
$36.00, with the result that she paid him $4,328.37. He walked
off with the $4,328.37 and kept it. It was established by the
testimony of the teller and of witnesses who happened to be
in the line at the time the payment was made to Sapp that
he knew that he was receiving an amount vastly in excess of
the amount of his check. His subsequent conduct also sup-
ported the state's theory that he knew he was getting too
much money. He was convicted of larceny and, on appeal,
the supreme court affirmed the conviction. (It is to be ob-
served that the evidence showed that he knew at the time
he accepted the money that he was getting too much. If the
state had failed to prove this, he could hardly have been
properly convicted of larceny.)

ATKINSON V. STATE, 156 FLA. 449, 23 SO. 2D. 524.-This
is an unusual case in that the hotel keeper was convicted of
keeping a house of ill fame because he permitted people to
use the hotel rooms for the purpose of prostitution.

GIBLIN V. SULLIVAN, ........ FLA. -...-.., 26 SO. 2D. 509.-
Vincent C. Giblin, a former circuit judge, filed a pleading in
the Circuit Court of Dade County, in which he charged Judge
Milledge, of that circuit, with being in league with a gambling
syndicate and with favoring the syndicate in a pending case
because of such unholy alliance. Judge Milledge, without notice
and without hearing, adjudged Giblin to be in contempt of
court and sentenced him to serve six months in the county jail.
Upon habeas corpus proceedings, the supreme court held that
Giblin had not been accorded due process of law and dis-
charged him from the sheriff's custody. A sequel to this case
is that a rule was thereafter issued against Giblin requiring
him to show cause why he should not be punished for contempt.
Another Circuit Judge, heard this proceeding, found Giblin
guilty, and sentenced him to serve thirty days in jail and pay
a $2,000.00 fine, and, in default of such payment, to serve an
additional thirty days in jail. Giblin appealed this conviction
to the supreme court, and obtained its reversal.

HERNDON V. STATE, ........ FLA. -......, SO. 2D.-This case
made new law in Florida. Herndon was charged with stealing
$5,000 from his wife. The trial court quashed the information
upon the theory that a man can't steal from his wife in
Florida. Upon appeal taken by the state, the supreme court
reverse the ruling and held that a man can commit larceny
of his wife's money.
WADE V. MAYO, CCA 5TH, ........ FED. 2D. ........ AND JOHN-
SON V. MAYO, .-...... FLA. --......, ........SO 2D.-Donald Wade was
convicted in the Criminal Court of Record of Palm Beach
County for the offense of breaking and entering. He obtained
a writ of habeas corpus from one of the United States district
judges. On final hearing in the habeas corpus proceedings,
the district judge held that the conviction was invalid because
the criminal court of record judge had refused to furnish coun-
sel for Wade upon the latter's request, it appearing, to the
district judge, that Wade was indigent and was not capable
of adequately representing himself. The defendant appealed
the case to the United States Circuit Court of Appeals. Pend-
ing the appeal, the same question came before the state
supreme court when John R. Johnson applied for a writ of
habeas corpus. The Supreme Court of Florida held that neither
section 11 of the Declaration of Rights of Florida nor the
Florida Statutes nor the United States Constitution required
the appointment of counsel for an indigent defendant in a non-
capital case in Florida. Upon oral argument of the appeal in
the Wade case, a certified copy of the Florida Supreme Court's
opinion in the Johnson case was presented to the Circuit Court
of Appeals. In November, 1946, the Circuit Court of Appeals
reversed the judgment of the district court, the effect of the
reversal being that the district court was in error in deciding
that the law required the appointment of counsel for Wade.

State Improvement Commission.-
THE CASE OF STATE EX REL., WATSON V. CALDWELL,



ET AL., 156 Fla. 618, 23 SO. 2D. 855, 24 SO. 2D. 797 WAS a
proceeding in quo warrant brought by the attorney general
for the purpose of testing the validity of the statutes setting
up the Florida State Improvement Commission. The validity
and constitutionality of the statute was upheld by the supreme
court in this case.















It is hoped that the matters brought to the attention of
Your Excellency in this part of the report may be found helpful
and of some assistance to you in working out solutions of prob-
lems of state government. I respectfully tender my services
for any future contributions within my power and ability to
give.
Respectfully,
J. TOM WATSON,
Attorney General.
Which was read and ordered filed in the office of the
Chief Clerk.
STATE OF FLORIDA
EXECUTIVE DEPARTMENT
TALLAHASSEE
April 5, 1947.
The Honorable The Speaker of the House
of Representatives
State of Florida
Tallahassee, Florida
Sir:
At the request of the Secretary of State of the United
States, I submit herewith to your Honorable Body for such
action as it may choose to take a copy of a resolution of
Congress entitled "Joint Resolution proposing an amend-
ment to the Constitution of the United States relating to
the terms of office of the President," passed during the
first session of the Eightieth Congress of The United States,
"Begun and held'at the City of Washington on Friday, the
third day of January, one thousand nine hundred and forty-
seven", together with a certificate of the Secretary of State
relating to the same.
Sincerely,
MILLARD F. CALDWELL
Governor
Which was read and referred to the Committee on Con-
stitutional Amendments.

INTRODUCTION OF HOUSE RESOLUTIONS
By Messrs. Martin and Clement of Pinellas-
H. R. No. 4-A RESOLUTION IN REFERENCE TO LEGIS-
LATIVE EXPENSE.
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES,
Section 1, that the Members of the House shall be reim-
bursed for all money spent on account of telephone or tele-
graph communication incurred in carrying on the business
of the State of Florida.
SECTION 2. That each member shall certify to the Chair-
man of the Legislative Expense Committee the amount he
has spent or obligated himself to pay on such service and
said members shall be reimbursed for same and payment
shall be made direct to the Utility Company rendering such
service and the monies paid hereunder shall be charged to
the Legislative Expense Account of the House.
Which was read in full.
Mr. Clement moved the adoption of the House Resolution.
Which was agreed to, and House Resolution No. 4 was
adopted.

INTRODUCTION OF HOUSE BILLS AND JOINT
RESOLUTIONS
By Messrs. Floyd of Franklin, Clark of Calhoun, Melvin of
Santa Rosa, Tapper of Gulf, Murray of Polk, McKendree of
Nassau, Smith of Clay and Cobb of Volusia.
H. B. No. 1-A bill to be entitled An Act establishing a Uni-
versity System providing for a Chancellor and other personnel
of the University System, for co-education in State Institu-
tions of Higher Learning, and the powers and duties of the
Board of Control.



Which was read the first time by title and referred to the
Committee on Education "A."



29



By Messrs. Schuh, McClure and Clement of Pinellas.
H. B. No. 2-A bill to be entitled An Act designating a route
over the public highways of this State from the Florida-
Georgia line to Key West, Florida, as the "United Spanish War
Veterans Memorial Highway" and authorizing the State Road
Department to mark such route with an appropriate insignia
of the said organization.
Which was read the first time by title and referred to the
Committee on Public Roads.
By Messrs. McClure, Schuh, and Clements of Pinellas.
H. B. No. 3-A bill to be entitled An Act revising and
amending Section 208,04, Florida Statutes, 1941, and im-
posing a tax on the receipt, purchase, possession and use of
gasoline and other like and similar products of petroleum
in this State.
Which was read the first time by title and referred to the
Committee on Finance and Taxation.
By Mr. Peacock of Jackson.
H. B. No. 4-A bill to be entitled An Act to repeal Chap-
ter 201, Florida Statutes, 1941, relating to an excise tax on
documents: To provide for the disposition of receipts ac-
cruing under said Chapter: And providing for the disposition
of unused Documentary Tax Stamps.
Which was read the first time by title and referred to the
Committee on Finance and Taxation.
Mr. Peacock of Jackson moved that House Bill No. 4 which
had been referred to the Committee on Finance and Taxation,
be also referred to the Committee on Banks and Loans.
Which was agreed to, and it was so ordered.
By Mr. Bronson of Osceola.
H. B. No. 5-A bill to be entitled An Act Amending Sections
585.02, 585.03, 585.04, 585.08, 585.09, 585.12, 585.13, 585.16,
585.17, 585.24, 585.25, 585.27, and 585.28, Florida Statutes,
1941, and repealing Section 585.29 thereof, all relating to the
State Live Stock Sanitary Board, its powers, duties, head-
quarters of Board and place of meeting, procedure for con-
demnation of domestic animals and property by the Board,
and providing for the employment of an attorney, or attor-
neys, to represent said Board, and fixing his compensation,
and providing for the employment of a State Veterinarian,
prescribing his qualifications, powers and duties, and pro-
viding for his compensation, and providing for the appoint-
ment of supervisor of tick eradication program and defining
his powers, duties and providing for his compensation, place
of office, or offices, and for the appointment of live stock
inspectors and such other labor, agents and representatives
as said Board may determine, provide for their term of of-
fice, compensation, powers and duties; and providing for
penalties, including damages, against, any person knowingly
or wilfully transporting or moving live stock with transmis-
sible diseases; and by adding to Chapter 585 Florida Statutes,
1941, relating to State Live Stock Sanitary Board, two sec-
tions to be known and designated as Section 585.44 and
585.45, providing for the right of appeal to Circuit Judge of
Circuit Court of the County in which the Office of Super-
visor of Tick Eradication Program is located by any owner
of land or cattle within the tick infested area or adjacent
thereto, which may be affected by any rule or regulation
adopted or promulgated by said Board, and providing for
an appropriation for the enforcement of said Chapter 585
and expense incurred thereunder, and repealing all laws in
conflict herewith.
Which was read the first time by title and referred to the
Committees on Livestock and Appropriations.
By Messrs. McClure, Schuh, and Clements of Pinellas.
H. B. No. 6-A bill to be entitled An Act revising and
amending Section 2, Chapter 22645, Laws of Florida, Acts
of 1945, also known as Section 210.02, 1945 Cumulative
Supplement to Florida Statutes, 1941, and imposing a tax
on the receipt, purchase, possession and use of cigarettes
in this State.



Which was read the first time by title and referred to the
Committee on Finance and Taxation.



April 9, 1947



JOURNAL OF THE HOUSE OF REPRESENTATIVES















By Mr. Luckie of Duval.
H. B. No. 7-A bill to be entitled An Act amending Sec-
tion 196.07, Florida Statutes 1941, and to provide that the
provisions thereof shall, after January 1st, 1948, be ap-
plicable to any deed executed pursuant to any tax fore-
closure or tax forfeiture to satisfy a tax lien and to any
deed executed by the State, county, municipality or other
subordinate taxing unit pursuant to any tax foreclosure,
tax forfeiture, or any other proceeding to satisfy a tax lien.
Which was read the first time by title and referred to the
Committee on Judiciary "A."
By Mr. Luckie of Duval.
H. B. No. 8-A bill to be entitled An Act amending Sec-
tion 192.48, Florida Statutes 1941, and to provide that the
provisions thereof shall be applicable to any deed executed
pursuant to any tax foreclosure or tax forfeiture to satisfy
a tax lien and to any deed executed by the State, county,
municipality or other subordinate taxing unit pursuant to
any tax foreclosure, tax forfeiture, or any other proceeding
to satisfy a tax lien.
Which was read the first time by title and referred to the
Committee on Judiciary "A."
By Mr. Luckie of Duval.
H. B. No. 9-A bill to be entitled An Act relating to ap-
peals to the Supreme Court of Florida and providing that
misconception of remedy shall not constitute ground for
dismissal.
Which was read the first time by title and referred to the
Committee on Judiciary "A."
By Mr. Luckie of Duval.
H. B. No. 10-A bill to be entitled An Act amending Sec-
tion 32.14, Florida Statutes 1941, to provide compensation of
clerks of the criminal courts of record in 'all counties hav-
ing a population of more than one hundred fifty thousand
according to the last preceding State or Federal census.
Which was read the first time by title and referred to the
Committee on Census and Apportionment.
By Messrs. Davis of Gadsden, Martin of Hillsborough, Mor-
gan, Luckie and Crews of Duval, McAlpin of Hamilton,
Hendry of Okeechobee, Stewart of Hendry, Johnson of Gads-
den, Yeomans of Citrus, Peeples of Glades, Clark of Cal-
houn, Floyd of Franklin, Tapper of Gulf, Peacock of Jackson
and Barnhill of Okaloosa-
H. B. No. 11-A bill to be entitled An Act to amend Sec-
tions 584.05 and 584.06, Florida Statutes, 1941, relating to
the control of Honeybee Diseases and punishment for viola-
tions thereof.
Which was read the first time by title and referred to
the Committee on Agriculture.

By Messrs. Peacock of Jackson, Stokes of Bay, Luckie,
Crews and Morgan of Duval, Clark of Jackson, Camp of
Marion, Odham and Smith of Seminole, Sellar of Lake,
Potter of Washington, Courtney of Bay, Williams of Holmes,
Rowell of Martin, Martin of Hillsborough, Cook of Flagler,
Williams of Hernando, Taylor of Hardee, Papy of Monroe,
Melvin of Santa Rosa, Moore of Highlands, Elliott of Palm
Beach, Peacock of Sarasota, R. C. Smith of Polk, Smith of
Clay and Ingraham of DeSoto-
H. B. No. 12-A bill to be entitled An Act to create and
establish a College of Medicine and Dentistry as a part of
the University of Florida, to be constructed, erected, equipped,
managed and operated by the State Board of Control un-
der the supervision of the State Board of Education; em-
powering said institution to acquire, use and dispose of
cadavers for educational and scientific purposes; authoriz-
ing acceptance of gifts of property of any nature whatso-
ever, and providing for its use; making appropriations for
the construction, erection and equipment of such college,
and other matters in connection therewith.

Which was read the first time by title and referred to



the Committees on Appropriations and Education "A".



April 9, 1947



By Messrs. Morrow and Elliott of Palm Beach-
H. B. No. 13-A bill to be entitled An Act providing for Sup-
plementary Compensation to be paid by Palm Beach County,
Florida to each Circuit Judge who is a citizen and resident
of such county and making the same a county purpose.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21
of Article III of the Constitution, has been established in
this Legislature.
And the above bill was read the first time by its title
and was ordered placed on the Calendar of Local Bills.
By Mr. Morrow of Palm Beach-
H. B. No. 14-A bill to be entitled An Act relating to the
Recording of Written Orders, Judgments and Decrees in Ac-
tions at Law and Suits in Equity.
Which was read the first time by title and referred to
the Committee on Judiciary "A".
REPORTS OF STANDINGS COMMITTEES
To the Honorable Thos. D. Beasley
Speaker of the House of Representatives
Tallahassee, Florida
Sir:
Your Committee on Rules and Calendar begs leave to report
and recommend the rules hereto attached as and for the rules
of the House of Representatives for the 1947 session of the
Florida State Legislature.
The Committee recommends that five hundred copies of said
rules, together with a list of the members of the House, Stand-
ing Committees and members thereof, officials, and attaches
of the House be printed, and that one copy thereof be furnished
to each member of the House.
In meeting assembled for the purpose of formulating and
recommending the rules of the House, upon motion to adopt
the attached report and rules the vote of the committee was
as follows:
Yeas-Collins, Simpson, Bronson, Bryant, Carraway, Cobb,
Floyd, Luckie, Morrow, Potter, Roberts, Stewart, Clement,
Wotitzky, Smith, Stokes.
Nays-None.
Respectfully submitted,
JERRY COLLINS,
Chairman,
Committee on
Rules and Calendar.
STANDING RULES OF THE HOUSE OF
REPRESENTATIVES

OF THE DUTIES AND POWERS OF THE
SPEAKER OF THE HOUSE
Rule. 1. The Speaker shall take the Chair on every
legislative day at the hour to which the House shall
have adjourned, call the members to order, and upon
the appearance of a quorum, proceed to business. The
Journal of the preceding day shall be corrected, ap-
proved by the Speaker, attested by the Chief Clerk, and
filed in the permanent records of the House. The Speaker
shall sign all Acts, Resolutions, Writs, Warrants and
Subpoenas of, or issued by order, of, the House. He
shall have general control of the Hall of the House and
of the corridors and passages, and, in case of disturbance
or disorderly conduct in the galleries or lobby, may cause
the same to be cleared. He shall appoint all committees,
unless otherwise directed by the House. He shall have



the authority to dismiss any appointed employee and
pay of said employee shall stop on day of dismissal.



JOURNAL OF THE HOUSE OF REPRESENTATIVES











DECORUM AND ORDER
Rule 2. The Speaker shall preserve decorum and or-
der, may speak to points of order in preference to other
members, and shall decide all questions of order, sub-
ject to appeal to the House of Representatives by any
member, on which appeal no member shall speak more
than once, unless by permission of the House, and no
other business shall be in order until the question on
appeal shall have been deci&zd. Upon the taking of
any appeal, the form of the question to be put shall
be, "Shall the decision of the Chair be sustained?"
Rule 3. VOTING. \ The Speaker shall declare all
votes, but if any member rises to doubt a vote, the Speak-
er shall order a division by rising vote, the count being
made by the Speaker and thk Reading Clerk or his as-
sistant, provided, however, thaC upon a showing of hands
by five members he shall take the sense of the House
by yeas and nays, or by a vote on the voting machine.
No member shall be allowed to vote who shall not be
upon the floor of the House before an oral roll call is
completed, or at his desk before the machine is locked
by the Clerk immediately preceding a vote.
METHOD OF VOTING
Rule 4. VOTING BY THE ELECTRICAL ROLL
CALL SYSTEM.
When taking the yeas and nays on any question to
be voted upon, the electrical roll call system, so-called,
may be used, and when so used shall have the same
force and effect as a roll call taken as otherwise provided
in these rules. When the House is ready to vote upon
any question requiring a roll call, and the vote is to be
taken by the electrical roll call system; the Speaker shall
announce: "The question is on the passage of (desig-
nating the matter to be voted upon). All in favor of
such question shall vote 'yea', and all opposed shall vote
'nay'. The House will now proceed to vote." When
sufficient time has been allowed the members to vote,
the Speaker shall announce: "Have all voted?" And
after a short pause shall say: "The Clerk shall proceed
to record the vote." The Clerk shall immediately-start
the vote recording equipment, and when completely re-
corded, shall announce the result to the House. The
Clerk shall enter upon the Journal the result in the
manner provided by the rules of the House.
Rule 5. The Speaker shall rise to address the House
of Representatives, or to put a question, but may read
sitting.
Rule 6. In all yea and nay votes the Speaker's name
shall be called last.
SUBSTITUTE SPEAKER
Rule 7. The Speaker shall have the right to name any
member to perform the duties of the Chair; but such sub-
stitution shall not extend beyond adjournment.
SPEAKER PRO TEM
Rule 8. The Speaker Pro Tem shall exercise the du-
ties and powers of the Speaker during his absence or
disability.
MOTIONS



31



to be in possession of the House of Representatives, with-
out a second, and shall be disposed of by vote of the
House of Representatives, but the mover may withdraw
it at any time before the same has been amended or be-
fore a vote thereon shall have been commenced, excpt a
motion to reconsider, which shall not be withdrawn after
the time has elapsed within which it could be originally
made.
PRIORITY OF MOTIONS
Rule 10. When a question is under debate the Speak-
er shall receive no motion but:
1. To adjourn at a time certain;



2.
3.
4.
5.
6.



To adjourn;
To take a recess;
To lay on the table;
For the previous question;
To postpone to a day certain;



7. To commit to a committee of the whole House;
8. To commit to a Standing Committee;
9 To commit to a Select Committee;



10.
11.



To amend;
"-o postpone indefinitely;



12. To strike out the enacting clause;
Which several motions shall have precedence in the
order named.
Rule 11. RECESS AND ADJOURNMENT. The
Speaker shall propound all questions in the order in
which they are moved unless the subsequent motion be
previous in nature except that in naming sums and fix-
ing times, the largest sums and the longest times shall
be put first. Motions to adjourn or recess shall be con-
sidered as first in order, and shall be decided without
debate. But one substitute for a motion to adjourn
shall be entertained. The substitute motion shall fix a
different time for adjournment, and the same shall be
put without debate, except that one minute shall be al-
lowed the mover of the substitute within which to ex-
plain his reasons therefore. The substitute motion having
been lost, the question shall be put on the original mo-
tion which if lost shall preclude any further motion to
adjourn until other business shall have been inter-
vened.
Rule 12. PREVIOUS QUESTION-LAYING ON THE
TABLE.
Motions for the previous question and to lay on the
table shall be decided without debate, provided, the in-
troducer of a resolution, bill or motion, not including
motions to adjourn or recess, shall be allowed five minutes
within which to discuss the same, and he may divide
his time with, or waive his right in favor of, some other
member. If an amendment be laid on the table such
action shall not carry the subject matter with it. The
previous question shall be put in the following form:
"Shall the main question be now put?" If the motion
for the previous question be adopted the sense of the
House shall be taken forthwith on pending amendments
and the main question in regular order.



Rule 9. SECONDS.-Withdrawals. After a motion Rule 13. Every motion shall be reduced to writing
has been stated, or read by the Speaker, it shall be deemed if the Speaker shall so direct.



April 9, 1947



JOURNAL OF THE HOUSE OF REPRESENTATIVES






JOURNAL OF THE HOUSE



DIVISION OF QUESTION
Rule 14. Any member may call for a division of a
question when the sense will admit of it. A motion to
strike out anld insert shall .be deemed illndivisible; a motion
to strike out, being lost. shall neither preclude amendment
nor a motion to strike out and( insert.
COMMITMENT
Rule 15. Motions or reports may be committed or
recommitted at the pleasure of tIhe House of Representa-
tives.
Rule 16. MO(TIONS GENERALLY. During the call
of the roll of counties for the introduction of bills and
joint resolutions no motion shall be made or entertained
without the unanimous consent of those present.
Rule 17. No member shall address the Chair or re-
ceive recognition of tlhe Chair for the purpose of in-
troducing distinguished visitors or guests, or for making
motions to escort such visitors or guests to the rostrum
while the House is in session, except between 12:50 P. M.
and 1:00 P. M. each day. The Committee on Rules shall
rigidly enforce this provision.
NOTICE OF MOTIONS
Rule 18. When any motion is to be made aski-g that
any bill, or joint resolution, be taken up out ofLt order and considered, previous notice of-inot less than
fifteen minutes shall be given in writing to the Speaker
and Bill Clerk of such intention, specifying the number
of the bill and its position on the calendar. The Bill
Clerk shall promptly deliver said notice to a Reading
Clerk, and the Reading Clerk shall read such notice
immediately upon receiving same.
AMENDMENTS
Rule 19. No motion or proposition of a subject dif-
ferent from that under consideration shall be admitted
under color of amendment, but a proposal to strike out
all after the enacting clause of a bill and insert any
new subject matter of the same general nature as stated
in the title, shall be deemed proper and germane and
shall be dealt with as an amendment, and the adoption
by the House of such proposal shall not preclude further
amendment to its several parts after its adoption, in
like manner as if it were the original bill.
UNFINISHED BUSINESS
Rule 20. Tlie unfinished business ii which the House
of Representatives was engaged at tihe time of the last
adjournment shall have preference in the order of the
day next after motions for reconsideration.
PRIORITY OF BUSINESS
Rule 21. All questions relating to the priority of
business to be acted on shall be decided without debate.
PRECEDENTS
Rule 22. The Rules of Parliamentary Practice, com-
prised in the House Manual and Digest and Digest of
the rules and practice of the House fl Representatives
of the Congress of the United States, shall govern this
House of Representatives in all cases in which thell are



applicable, and in which they are nott in conflict wilth
.these rules, or standing orders of this House of Repre-



E OF REPRESENTATIVES April 9, 1947

sentatives, or the Joint Rules of the two branches of
the Legislature, and it shall be the duty of Speaker
or Presiding Officer for the. time being, assisted by mem-
bers of the Committee on Rules and Calendar, to cor-
rectly interpret and }have enforced all rules governing
this House of Representatives at all times, unless the
enforcement thereof shall be (waived or suspended as
herein provided.
COMMITTEE ON RULES AND CALENDAR
Rule 23. All proposed actions touching the rules, joint
rules and order of business in the House of Representa-
tives sliall be first referid to the Committee on Rules
and Calendar, which shall ,.epoiyt as soon as practicable
thereafter. No report of th,, "Committee on Rules and
Calendar shall be received .- y thie Hlouse of Representa-
tives unless same showt a quorum of the Committee
present in person and. votmg on said report.
WAiVER AND REPEAL OF RULES
Rule 24. These rules shall not be waived or suspended
except by a two-thirds vote of all the members present,
which motion when made shall be decided without de-
bate, as hereinafter provided, except that no motion to
waive any rule requiring unanimous consent of the House
shall'be entertained except by unanimous consent of those
present, and this rule shall be rigidly enforced by the
Chair except as otherwise herein provided.
Rule 25. UNANIMOUS CONSENT-SPECIAL OR-
DER. No motion to waive the rules and take up out of
its regular order on the Calendar any bill or joint reso-
lution for consideration immediately or as a special or-
der shall be put by the speaker except with the unani-
mous consent of those present, and such motion when
made with unanimous consent shall be decided without
debate, and must receive a two-thirds vote of those pres-
ent for its adoption, except that the maker of the motion
shall be allowed not exceeding one minute in which to ex-
plain the purpose of request for unanimous consent to
make a motion to take up any bill or joint resolution out
of its regular order under this rule. Bills of public im-
portance, for which special consideration is asked as spe-
cial orders by the committee reporting on the same,
whether the report be favorable or not, may be made spe-
cial orders for consideration on a special calendar of
special orders, which may be taken up for consideration
as a special calendar by two-thirds vote of the House on
Motion to take up tliat order of business; but no motion
shall be entertained to make any particular class of bills
a special order, and all bills set as special orders shall take
precedence on lthe special order calendar in the order
in whlichl they were referred to such calendar.
Rule 26. SPECIAL ORDER CALENDAR. The
House of Representatives may, on report and recom-
mendation of Commnittee on Rules and Calendar, by ma-
jority vote of those present, adopt a special order of
business to be followed on any legislative day or any
part or during any hours of any legislative day, and such
order of business when so adopted shall not be departed
fromn without unanimous consent of all present, but shall
constitute a special ord-ler of business to be followed. Such
special rules of procedure whenui a(ldopted shall 1not be



waived except, by unUnimiiuous (consent. Special rules shall
not be. made wit0 re erence to a particular rule, memorial
or resolution, but shall inl all instances deal with some
general head of business. The hourss during g which such













special rule shall be effective shall be specified, but shall
not extend beyond the legislative day named therein. No
other method of adopting a special and continuing or-
der may be followed without unanimous consent.
SPECIAL ORDERP-LAST 25 DAYS
Rule 27. The Committee on Rules and Calendar may,
from day to day, during the last twenty-five working
days of the session, submit a special order calendar fix-
ing the priority of business to be transacted before the
House which shall be constituted of general measures of
major importance, and no other matters shall be con-
sidered until such special order calendar has been dis-
posed of or altered as provided in Rule 25, provided,
however, that any bill or resolution appearing in such
special order calendar may be removed therefrom by a
two-thirds vote of all members present.
HOUSE SESSIONS
Rule 28. The House of Representatives shall meet on
each legislative day, except Saturdays, during the first
twenty-five days of the session, at ten o'clock A. M. and
adjourn at one o'clock P. M. A special session of the
House shall be held beginning at eight o'clock P. M. on
Tuesday and Thursdays for consideration of the Cal-
endar of Local Bills only, when recommended in a report
of the Committee on Rules and Calendar and approved
by the House. The time for meeting and adjourning
of the House during the remaining days of the session
shall be fixed by resolution. On local bill nights no bills
other than those appearing on or referred to the Calen-
dar of Local Bills shall be considered except by unani-
mous consent of those present after due notice given at
the last previous session of the House, provided, however,
that the Committee on Rules and Calendar may from
time to time submit a special order calendar consisting
of general bills having only a local application for the
consideration of the House and shall designate a special
time or times in day or night sessions when same shall
be considered.
MEMBERS
DUTIES, RIGHTS AND DECORUM
Rule 29. Every member when about to speak, shall
arise and respectfully address the Speaker, and shall
not proceed until recognized by the Speaker, shall con-
fine himself to the question under debate and shall avoid
personalities. No member shall address the Chair out
of his seat, nor speak out of his seat, except that any
member after being recognized in his seat, shall have
the right to advance to the space immediately in front
of the Speaker's desk and address the House. No mein-
ber shall occupy the space within the railing around
the desk of the Chief Clerk while the House is in session.
INTERRUPTIONS
Rule 30. No member shall be interrupted by another
without the consent of the member-who has the floor,
except by rising to a question of order.
VOTING
Rule 31. Every member who shall be in the House
of Representatives when a question is put, when he is
not excluded by interest, shall give his vote, unless the
House of Representatives, by unanimous consent, shall



any question shall make application to that effect before
the calling of the ayes and nays, and such application
shall be accompanied by a brief statement of reasons, and
shall be decided without debate.
DISQUALIFICATION-FROM COMMITTEE
APPOINTMENTS
Rule 32. No member living in any county in which
any State institution is located shall be appointed a
member of any committee to visit such institution for
the purpose of investigating and reporting its condition
and needs.
EXPLANATION OF VOTE
Rule 33. No member shall be permitted to explain
his vote during roll call, but he may reduce his explana-
tion to writing and, when filed with the Chief Clerk, the
same shall be spread upon the Journal.
ABSENCE-EXCUSE FROM ATTENDANCE
Rule 34. The Speaker shall announce to the House
all requests from members to be excused from attend-
ance on the House for any stated period; and unless
objection thereto is made by any members, the request
will be deemed granted and such fact shall be noted on
the Journal. If objection be made, a vote of the House
shall be required on such request. No member shall
absent himself from attendance on the House for more
than two consecutive days, without compliance with this
rule, and any member offending against this rule shall
forfeit his compensation for the period he is absent with-
out leave.
PENALTY FOR BREACH
Rule 35. When any member shall be guilty of a breach
of either the Rules or orders of the House of Represen-
tatives he may be required by the House of Representa-
tives, on motion, to make satisfaction therefore, and shall
not be allowed to speak or vote except by way of excuse,
until he has done so.
DISQUALIFICATION FROM VOTING
Rule 36. No member shall be permitted to vote, or to
serve on any committee, on any question where his priv-
ate rights are immediately concerned, distinct from the
public interest.
DEBATE--TIME FOR SPEAKING
Rule 37. No member shall speak more than twice on
any subject without first obtaining leave of the House
of Representatives; nor shall he speak more than once,
so long as any member who has not spoken shall desire
to speak, nor shall shall any member be permitted- to
speak longer than thirty minutes at any one time and
during the last twenty-five working days of session, not
longer than ten minutes.
RECONSIDERATION
Rule 38. When a vote has passed, it shall be in order
for any member voting with the prevailing side to move
for a reconsideration thereof on the same or the succeed-
ing legislative day, and such motion, unless otherwise
disposed of, (except in the last week of the session) shall
be placed on the calendar first in the orders of the day
for the day succeeding that on which the motion is made;



excuse him. Any member desiring to be so excused on



April 9, 1947



JOURNAL OF THE HOUSE OF REPRESENTATIVES



33



and when a motion for a reconsideration is decided, that











JOURNAL OF THE HOUSE"



decision shall not be reconsidered, and no question shall
be twice reconsidered; provided, however, that a motion
to reconsider a vote upon any collateral matter shall not
remove the main subject matter under consideration
from before the House of Representatives, but such
motion shall be considered at the time that it is made,
nor shall any motion be made to reconsider any collateral
matter after the House has passed to other business from
the main subject to which such collateral matter was
connected.
"BILLS UNDER RECONSIDERATION
Rule 39. Bills and joint resolutions, in reference to
which any member has the right to move reconsideration,
shall remain in the possession of the Clerk until the
right of reconsideration has expired, except during the
last seven working days of the session, when the opera-
tion of this rule shall be suspended, provided, that bills
on the local calendar and passed as such shall be immedi-
ately certified to the Senate after having been engrossed
as provided in the rules, when required by these rules to
have been engrossed. In all cases Concurrent resolu-
tions and memorials shall be certified to the Senate with-
out being held in the possession of the Clerk until the
time for reconsideration has expired.
CONFERENCE COMMITTEE
Rule 40. When any bill or joint resolution is referred
to a Conference Committee and the Conferees on the
part of the House report inability to agree, no action of
the House taken prior to such reference to a Conference
Committee shall preclude further action on said measure
as the House may determine.
PRIVILEGE
Rule 41. Questions of privilege shall be: (1) Those
affecting the House of Representatives collectively, its
safety, dignity, and integrity of its proceedings; (2) the
rights, reputation and conduct of the members individ-
ually, in their representative capacity only, and shall
have precedence over all other question, except motions
to adjourn, but no member shall be permitted to speak
longer than ten minutes on a question of privilege. Ques-
tions of the privilege of the House shall be brought be-
fore the body in the form of a RESOLUTION. Questions
of personal privileges shall be raised by statements from
the FLOOR and if sustained by the CHAIR shall entitle
the member to recognition thereon.
ORDER OF BUSINESS-ORDER OF THE DAY
Rule 42. The order of business and order of the day
shall be as follows:
ORDER OF BUSINESS
1. Roll Call.
2. Prayer by Chaplain. .



3.
4.



Correction of the Journal.
Introduction of memorials, petitions or other
papers addressed to the House of Representatives
or the Speaker thereof.



5. Introduction of House Resolutions.
6. Introduction of Concurrent Resolutions.
7. Introduction of Memorials of the Legislature.



OF REPRESENTATIVES April 9, 1947

8. Introduction of Bills and Joint Resolutions by call
of counties.
9. Report of Standing Committees.
10. Report of Select Commitees.
ORDER OF THE DAY



1. Select order of the day.
2. Consideration of Messages from the Senate.
3. Consideration of House Resolutions.
4. Consideration of bills and resolutions on their
third reading.
5. Consideration of bills and resolutions on their
second reading.
6. Consideration of communications from the Gov-
ernor and other papers addressed to the House of
Representatives or the Speaker thereof.

BILLS AND RESOLUTIONS
Rule 43. FORM. All bills, resolutions and memorials,
when introduced, shall be typewritten or printed without
interlineations, on not less than one sheet of paper, with
suitable margins and spaces between the several sections.
All bills shall contain a proper title and enacting clause
as required by the Constitution, and shall embrace but
one subject, and matter properly connected therewith,
which subject shall be briefly expressed in the title.
"PRINTING OF BILLS
Rule 44. Any introduced measure.may be printed for
the information of the House upon recommendation of
the committee to which such measure has been referred.
Any member may request the printing of such measure
at the time of introduction or at any time before consid-
eration, provided, however, that such request shall be
referred to the Committee to which the measure has been
referred, which committee shall approve or disapprove
the request for printing within twenty-four hours after
such request has been made.
INTRODUCTION OF BILLS, ETC.
Rule 45. Upon the introduction of bills and resolu-
tions by the call of counties, if there is not a complete
call of counties on each day, the resumption of the call
of counties on the succeeding day shall be taken up at
the place where it was left off on the preceding day.
Rule 46. COMPANION BILLS. Whenever any bill,
memorial or joint resolution of the House of Representa-
tives shall be reached on the Calendar of the House of
Representatives for consideration, either on second or
third reading, and there shall be also pending on the
Calendar of the House of Representatives a companion
measure to such House Bill, memorial or House Joint
Resolution, which companion measure has already been
passed by the Senate, it shall be in order to move that
the Senate Companion measure be substituted for the
House Bill, memorial or House Joint Resolution and con-
sidered in lieu of the House Bill, memorial or House Joint
Resolution, and such motion may be adopted by a ma-
jority vote to substitute such Senate measure for such
House Bill, memorial or House Joint Resolution, pro-
vided the Senate measure has been read the same number
of times and is on the same reading as such House Bill,
memorial or House Joint Resolution, otherwise the mo-











JOURNAL OF THE HOU



tion shall be to waive the rules and take up and read such
Senate measure in lieu of the .Iouse Bill, memorial or
House Joint Resolution, and such motion to waive the
rules for that purpose shall require a two-thirds vote
of those present for its adoption.
Rule 47. All House Bills and Memorials shall be in-
troduced in quadruplicate. Six copies of all House Reso-
lutions, House Concurrent Resolutions and House Joint
Resolutions shall be introduced. The original copy of
all House Bills, House Resolutions, House Joint Resolu-
tions, House Concurrent Resolutions, and Memorials
shall be on good bond paper. Each copy of House Bills
and Memorials shall be accompanied by a title slip on
which shall be entered in full the exact title thereof.
The Sergeant-at-Arms is hereby authorized and directed
to furnish to the press and public the triplicate copies
of such bills and resolutions for examination and he is
authorized to call to his assistance such person as he
may need as custodian of these files known as "Tripli-
cate Files". Any person authorized hereunder to obtain
the triplicate copies of such bills and resolutions for
examination shall sign a receipt before obtaining same
from the Sergeant-at-Arms, and the use by any person
of these triplicate copies shall be temporary and not
permanent, and all copies must be returned to the of-
fice of the Sergeant-at-Arms without unnecessary delay.
Rule 48. REFERENCE. All bills and joint reso-
lutions shall, after having been read by title only, be
referred by the Speaker to an appropriate Standing
Committee. All House Resolutions, Concurrent Resolu-
tions, and Memorials may be referred to an appropriate
committee in the discretion of the Speaker, and if dif-
ferent committees shall be proposed, the question shall
be taken in the following order and shall be determined
by a majority vote of the members of the House of Rep-
resentatives: A Standing Committee of the House of
Representatives; a Joint Standing Committee; a Select
Committee of the House of Representatives; a Joint Se-
lect Committee. Except as to bills carrying an appro-
priation which must be referred to the appropriate Stand-
ing Committee and the Committee on Appropriations,
no multiple reference shall be made by the Speaker un-
less directed thereto by the House, upon motion, which
motion shall be decided without debate.
Rule 49. READINGS. Unless otherwise ordered by
a two-thirds vote of members present, concurrent resolu-
tions shall receive two readings on two separate days,
and unless otherwise ordered, shall be determined by a
viva voce vote. All other resolutions than joint or con-
current resolutions, after reference to and report from
the resolution committee, shall be determined by a viva
voce vote upon their reading after the report of such com-
mittee unless otherwise ordered. Every bill, joint reso-
lution or memorial shall receive three separate readings
on three separate days previous to a vote upon the pas-
sage of such bill, joint resolution or memorial unless two-
thirds of the members present shall decide otherwise, and
the Clerk shall give notice of each, whether it be first,
second, or third readings, together with the report of the
committee thereon, if any.
Rule 50. INDEFINITE POSTPONEMENT ON THIRD



READING. When any measure requiring three read-
ings shall be in its third reading and a motion to indef-
initely postpone the same shall be made, and the yeas



April 9, 1947



Rule 55. TRANSMISSION TO SENATE. When a
bill or resolution shall have passed its third reading, it
shall be certified by the Clerk endorsing thereon the day
of its passage, and be transmitted to the Senate, accom-
panied by a message stating the title to the bill or resolu-
tion, and asking the concurrence of that body.



SE OF REPRESENTATIVES 35

and nays called for, it shall be the duty of the Speaker
to put the question on the final passage of the bill, joint
resolution or memorial, and direct the roll call on its
final passage and not put the motion of indefinite post-
ponement of the measure.
Rule 51. TITLE AMENDMENT. It shall be in order
to amend the title of any bill or joint resolution upon
its second or third reading by a majority vote.
Rule 52. ENGROSSING. Before any bill, joint reso-
lution or memorial requiring three readings shall be read
the third time, whether amended or not, in the case of
House Bills of a general nature, and in all cases where
an amendment shall be adopted to any of them, whether
local or not in nature, it shall be carefully engrossed by
being typewritten without erasure or interlineation, on
strong white paper, the same to be done under the direc-
tion of the Engrossing Committee of the House; and in
the case of any Senate bill which shall be amended in
the House, the amendment adopted shall be carefully
engrossed in like manner and attached to the bill amend-
ed in such manner that it will not be likely lost there-
from. Any motion to waive the rules and immediately
certify any bill, memorial or joint resolution to the Sen-
ate shall be construed as a motion to immediately en-
gross the same, if engrossment is required under this
rule, and certify the same immediately thereafter to the
Senate, and in the case of Senate bills which have been
amended in the House, shall be construed to mean that
the amendments adopted shall be immediately engrossed
and attached to said bill before it is transmitted to the
Senate. All bills referred to the Engrossing Committe
shall be carefully examined in cases where no amendments
have been adopted to the same, and if it shall be found
that the bill is fairly typewritten without clerical error,
substantial erasure or interlineation, the bill may be
returned as engrossed without being rewritten. Nothing
in this rule shall apply to Local Calendar bills which have
not been amended in the House. All engrossed amend-
ments shall be made in quadruplicate to Senate bills.
Four copies of engrossed bills shall be made. One copy
shall be filed with the original bill and one copy with
each copy of said original bill.
Rule 53. AMENDMENT, ETC., ON THIRD READ-
ING. Upon the third reading of any bill, memorial or
joint resolution, it shall not be committed or amended,
except as to title, without the consent of two-thirds of
the members present, nor shall it be postponed to a day
certain without the consent of a majority of those present.
Rule 54. DISPOSITION ON THIRD READING.
The order of disposition of any bill, memorial or joint
resolution which has been read the second time shall be
its reference to the Committee on Engrossed Bills to be
engrossed after all questions relative to it while on a
second reading have been disposed of, and the same shall
be immediately engrossed and placed on the Calendar
of Bills on Third Reading to be taken up on some.sep-
arate succeeding legislative day, unless otherwise ordered
by a two-thirds vote of those present.











JOURNAL OF THE HOUSE OF REPR



Rule 56. All enrolled bills, joint resolutions, and
memorials shall be signed by the Speaker and the Chief
Clerk in open session of the House, and the fact of such
signing by the Speaker and the Chief Clerk shall be
noted in the Journal.
SENATE BILLS
Rule 57. On Wednesday of each week, and such other
times as the Committee on Rules and Calendar shall by
special order designate, the House of Representatives
shall, after having considered messages from the Senate,
take up and consider the Calendar of Senate Bills of a
general nature on Second Reading and no other business
shall be in order thereafter for a period of at least two
hours; except questions of order or privilege which may
be considered at any time and are of superior dignity
to other business of the House.
PETITIONS, MEMORIALS, ETC.
Rule 58. All papers addressed to the House of Rep-
resentatives, except petitions, memorials and remon-
strances, shall be presented by the Speaker, or by a mem-
ber in his place, and shall be read by the Speaker, Clerk,
or such other person as the Speaker may request.
Rule 59. Every member presenting a petition, me-
morial or remonstrance, shall endorse his name thereon,
with a brief statement of the nature and object of the
instrument, and the same shall be read by the Reading
Clerk, unless the Speaker shall otherwise direct.
Rule 60. All reports, petitions, memorials, remon-
strances and papers of a like nature shall be presented
during the first hour of each session of the House of Rep-
resentatives, and at no other time.
Rule 61. Memorials shall be carried on the calendar
immediately after any pending undisposed of concurrent
resolutions and the fact of its being first, second, or third
reading shall be noted on the calendar in connection
therewith.
LOCAL BILLS
Rule 62. Local bills shall be disposed of according to
the calendar of Bills of a Local Nature and shall be tak-
en up and considered only at such time as shall be spe-
cially fixed therefore by these rules, and no bills of a
general nature or amendments thereto shall be considered
at such time, except by unanimous consent and unless
the intention to bring up such general bills at such time
be announced at the next preceding meeting of the House.
USE OF CHAMBER
"Rule 63. Application for the use of the Chamber of
the House of Representatives shall be made to and de-
cided upon by the Committee on Rules and Calendar,
subject to the approval of the Speaker.
COMMITTEES
Rule 64. The following Standing Committees of the
House of Representatives shall be appointed by the
Speaker at the commencement of the session of the Legis-
lature, or as soon thereafter as practicable:

Committee on Agriculture
Committee on Alcoholic Beverages



Committee on General Appropriations



Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee
Committee



ESENTATIVES April 9, 1947

on Aviation
on Banks and Loans
on Building and Loan Associations
on Census and Apportionment
on Cities and Towns
on Citrus
on Claims and State Pensions
on Commerce and Reciprocal Trade
on Constitutional Amendments
on County Officials
on Drainage and Water Conservation
on Education "A"
on Education "B"
on Elections
on Engrossed Bills
on Enrolled Bills
on Executive Communication
on Finance and Taxation
on Fish and Game
on Forestry, Lumber and Naval Stores
on Hotels and Inn Keepers



Committee on Insurance
Committee on Judiciary "A"
Committee on Judiciary "B"
Committee on Judiciary "C"
Committee on Judiciary "D"
Committee on Labor
Committee on Legislative Expense
Committee on Livestock
Committee on Military and Veterans Affairs
Committee on Miscellaneous Legislation
Committee on Motor Vehicles and Carriers
Committee on Oils
Committee on Personnel
Committee on Phosphate and Minerals
Committee on Public Amusements
Committee on Public Health
Committee on Public Printing
Committee on Public Roads
Committee on Public Utilities
Committee on Public Welfare
Committee on Railroads, Telegraph and Telephones
Committee on Resolutions
Committee on Rules and Calendar



Committee on
Committee on
Committee on
Committee on
Committee on
Committee on
Committee on
Committee on



Salt Water Fisheries
Social Security
State Institutions
State Marketing
State Prisons and Convicts
State Publicity
Statutory Revisions
Workmen's Compensation



Each of said Comittees shall consist of not less than
five nor more than twenty-one members of the House,
one of whom shall be designated by the Speaker as Chair-
man and another as Vice-Chairman. Committees having











JOURNAL OF THE HOUSE



business before them shall meet on the call of the Chair-
man, or the Vice-Chairman in his absence, or upon the
written request of three or more members of the Com-
mittee.
COMMITTEE OF THE WHOLE HOUSE
Rule 65. In all cases the House of Representatives
may resolve itself into a Committee of the Whole House,
and in such event the Speaker shall leave the Chair after
appointing a Chairman to preside, who shall, in case of
disturbance or disorderly conduct in the galleries or
lobby, have power to cause same to be cleared.
Rule 66. Bills committed to a Committee of the Whole
House shall be read and debated, or amended by clauses
or sections, leaving the title or preamble to be last con-
sidered. The body of said bill shall not be interlined or
defaced, but all amendments denoting the page and line
shall be entered by the Chief Clerk, who shall be Clerk
of the Committee of the Whole House, on separate paper,
as the same shall be agreed to by the Committee, and so
reported to the House of Representatives. After report,
the bill or other matter may be again debated and shall
be subject to be again amended by clauses or sections.
The quorum for a Committe of the Whole House shall
be the same as for the House of Representatives, and
when the Committee of the Whole House shall rise, the
roll shall be called to ascertain the presence of a quorum
of the House of Representatives.
Rule 67. ENROLLING AND ENGROSSING. The
Committees on Enrolled Bills and on Engrossed Bills
shall report as soon as the bills referred to them have
been enrolled or engrossed, and all bills shall be disposed
of in such committees in the order in which they were
referred, except when bills are ordered to be engrossed
immediately for certification to the Senate under waiver
of the rules, when such last mentioned bills shall have
precedence.
Rule 68. CUSTODY. All bills, joint resolutions or
papers relative to any business before the House of
Representatives shall be left with the Chief Clerk by any
member who shall obtain leave of absence, and may have
any such in his possession:
Rule 69. MEETINGS. It shall be the duty of the
Chairman of all Committees of the House of Representa-
tives to which any business has been referred, to cause
their committees to meet daily until such business is dis-
posed of and reported to the House. Announcements of
committee meetings may be made through the Reading
Clerk while the House is in session, but in all cases shall
be by notice in writing served on each member of the
Committee specifying the time and place of the meeting.
Committees may designate a particular hour and place
for holding their regular meetings, and when same is
done, notice thereof shall be given by causing the same
to be printed on the daily calendar, specifying the name
of the committee and the time and place of meeting. No
special notice of regular committee meeting thus provided
for shall be required to be given to any one, but in all
other cases special notice shall be given to members of the
committee by causing the same to be announced while
the House is in session or by service of written notice on
each member of the committee. Before the Chairman of
any committee shall designate the place in which his com-
mittee is to meet, he shall first consult with the Sergeant-
at-Arms, who will assign a room for such purpose.



Rule 70. RECOMMITTING. The Chairman, or in his
absence, the Vice-Chairman, shall cause to be given at



April 9, 1947



and the Sergeant-at-Arms of the House shall provide
each of the Committees, special or standing, with the
necessary blank affidavits, setting forth the requirements
provided in said Section 96. To further facilitate the
purpose of the said statute, the Sergeant-at-Arms may
be directed by the Speaker of the House to furnish an



E OF REPRESENTATIVES 37

least two hours prior notice in writing to the introducer
of any bill to be considered by a Committee, and any
House bill reported unfavorably by any committee with-
out such notice to and an opportunity to be heard having
been given to its introducer, may be recommitted to the
committee reporting the same unfavorably. The Com-
mittee to which the bill is thus committed shall proceed
to reconsider it and shall report on it as if originally re-
ferred. This Rule shall also apply to Senate Bills.
Rule 70-A. RECOMMITTING AFTER REPORT. All
matters referred to committees shall be reported from
said committees by bill, resolution or otherwise with their
recommendations thereon, and after such report no bill,
resolution or other matter shall be recommitted to any
committee except by a two-thirds vote of the members
present and voting.
Rule 71. RECOMMENDATION. All matters referred
to Committees shall be reported from said committees
by bill, resolution, or otherwise, with their recommenda-
tions thereon, within fourteen calendar days after refer-
ence, and if not so reported without good cause shall
be withdrawn and placed on the calendar as reported
without recommendation, upon request of its introduced
or some member in favor of it, except that no bill may be
withdrawn from the committee on appropriations under
this rule during the first thirty calendar days of the
*session.
Rule 72. All reports of committees shall contain the
action of the committee upon the matter referred. All
committee reports must be signed by the chairman of
the committee or other member presiding at the committee
meeting before being presented to the Clerk of the House.
The report may, upon the request of any member.of such
committee, contain a record of such members' vote and
such report shall be entered at large on the Journal.
Rule 73. UNFAVORABLE REPORTS. All bills and
joint resolutions reported unfavorably by any committee
shall be laid on the table unless the committee reporting
the bill at the time, or some member thereof, or any mem-
ber within two working days after the report appears in
the Journal thereafter, shall request its reference to the
calendar, when it shall, upon a motion prevailing by a
two-thirds vote of members present, be referred to the
calendar. If the report of any committee be unfavorable
it shall be the duty of the Chairman of the Committee to
move to indefinitely postpone the bill, memorial or reso-
lution so reported when it shall be reached on second
reading, or if the Chairman shall have voted contrary to
the report adopted by the Committee so reporting un-
favorably, it shall be the duty of some member of the
Committee voting to report the same unfavorably, to
make such motion.
Rule 74. All meetings of all committees shall be open
to the public at all times, subject always to the power
and authority of the Chairman to maintain order and
decorum.
Rule 75. LOBBYING. The several committees of the
House shall enforce Sections 96 and 97 of the Compiled
General Laws of Florida of 1927, and the Chief Clerk











38 JOURNAL OF THE HOU1

appropriate roster to be kept by some capable and trust-
worthy person in which all visitors and those on business
before the Legislature may register their names, profes-
sion, postoffice address, and purpose of visit. In addition
,to the requirements of the said statute any person appear-
ing before a committee or discussing with a member of
the House, matters in support of, or in opposition to,
any pending measure may be compelled by the Commit-
tee on Rules to furnish information whether he appears
as a paid representative or not and if a paid representa-
tive to disclose the party or parties he is representing.
CHIEF CLERK
DUTIES AND POWERS
Rule 76. There shall be a Chief Clerk whose duty it
shall be, with the help of his assistants, to keep a careful
record of all proceedings of the House of Representa-
tives and cause them to be printed in the Journal. All
questions of order and decisions thereon shall be noted
and recorded in the Journal. The Chief Clerk shall sign
all bills, acts and resolutions passed by the House, to-
gether with all writs, orders and process emanating there-
from. He shall perform all duties which have heretofore
devolved upon the Chief Clerk by custom. The Chief
Clerk is required to examine all local bills to determine
whether or not the same are accompanied by proof of
publication of notice, or whether the same contains a
proper referendum. The assistant clerks shall be under
his direction. He shall not permit local bills unaccom-
panied by proof of publication of notice or not contain-
ing a proper referendum, as required by Section 21 of
Article 3 of the Constitution of the State, to be read or
otherwise entertained by the same shall be returned to
the introducer.
Rule 77. The Chief Clerk shall cause to be printed
the daily calendar of the House of Representatives, and
shall divide the same into three separate parts with ap-
propriate headings. In the first division and under the
first heading shall be placed all House Bills and Joint
Resolutions of a General Nature; under the second head-
ing shall be placed all Senate Bills of a General Nature;
under the third division shall be placed all Senate and
House Bills of a Local Nature. In each of said divisions all
bills and joint resolutions shall be arranged so as to show
(1) those on third reading; (2) those on second reading.
The committee to which such bill or resolution was
referred, together with the report of same, shall be stated
under the title *of each bill.
Rule 78. Messages shall be transmitted to the Gov-
ernor or the Senate by the Clerk.
Rule 79. It shall be the duty of the Chief Clerk of
the House and his Assistants to fasten together the ap-
proved copies of the Journals of each day, and immedi-
,ately prepare an index upon forms to be furnished by
the Attorney General; such index shall be plainly written
or typed, and such Journal shall be the official one of
the House of Representatives. The Chief Clerk shall
have thirty days after the House adjourns for completing
the index, which shall be filed for approval with the At-
torney General. The complete Journal at the close of



the session shall be bound together under the supervision
of the Chief Clerk and when approved by the Speaker
of the House and attested to by the Chief Clerk of the
House, shall be filed in the office of the Secretary of



11



No lobbying shall be permitted on the floor of the
House.
When the House is not in session the use of the floor
of the House is reserved for the members for work, con-



. I r.m 0 a tl I



E OF REPRESENTATIVES April 9, 1947

State, as the official Journal of the House of Represen-
tatives.
SERGEANT-AT-ARMS
POWERS AND DUTIES
Rule 80. There shall be a Sergeant-at-Arms and one
or more Assistant Sergeant-at-Arms of the House of
Representatives, and it shall be the duty of said officers
to attend the House of Representatives during its sittings,
to maintain order under the direction of the Speaker or
other presiding officer in the Chair; to execute the com-
mands of the Speaker and of the House, and all processes
issued by authority thereof, directed to him and subject
always to the approval of the Speaker to have charge
of all property of the House of Representatives and to
disburse the expendible materials of the House to mem-
bers of the House for their official use; to cause to be
printed daily sufficient number of Journals and Calendars
of the House to supply the demands of the House and its
members and to comply with any order or resolution of
the House; to have charge of the Pages, Doorkeepers,
Janitors, Messengers, and Journal Clerks of the House;
to have general charge of the gallery of the House pro-
vided for the public and maintain order therein; to pro-
vide drinking water for the comfort of members of the
House and ice for same when necessary; to make requisi-
tion on the State Printer for all materials in the form of
blanks and printed stationery which may be required by
the House and distribute the same on request of the mem-
bers; to purchase for the use of the House, unless other-
"wise ordered, all articles which shall be ordered by the
House to be provided for the use of the House, which
are to be purchased, and rent or otherwise secure any
articles which are to be rented or provided when so or-
dered by the House, and to perform any special duty
which may be required by order or resolution of the
House, or the Speaker thereof in the exercise of his law-
ful authority. The Committee on Legislative Expense
shall have supervision over the work of the Sergeant-
-at-Arms.
THE FLOOR OF THE HOUSE
Rule 81. The courtesy of the floor of the House shall
be extended only to former members of the House of
Representatives and members of the Senate and wife of
any such Representative or Senator, the .Governor and
his wife, heads of administrative departments, Justices
of the Supreme Court, one accredited representative of
each of the newspapers of the State, and news associa-
tions, and attaches of the House and Senate, while on
business connected with their duties, shall be allowed the
courtesy of the floor of the House, but the Speaker or
presiding officer for the time being, upon written request
of members of the House, may extend the courtesies of the
floor to such visitors as may be named in the request,
unless objections be interposed thereto by any member,
in which event a vote of those present shall be taken.
This rule shall apply whether the House is in session or
not, except that when the House is not in session ingress
and egress by way of the aisles of the House Chamber
.shall be allowed to the corridors of the north wing of
the capitol.











JOURNAL OF THE HOUSE



ference, correspondence, etc., and the doorkeepers shall
rigidly exclude the public from all parts of the House
except the gallery; and the Sergeant-at-Arms shall pre-
serve the same order and silence as when the House is
in session.
ATTACHES
Rule 82. House employees and attaches shall perform
the duties allotted to them by custom or rule of the House
or by order of the Speaker. The Enrolling Clerk shall
be the head of all employees in the Enrolling Department
and shall have supervision of same under the Committee
on Enrolled Bills. The Engrossing Clerk shall be the
head of all employees working in the Engrossing Depart-
ment and shall have supervision of the same under the
Committee on Engrossed Bills, both the Enrolling and
Engrossing Department shall be under the control of the
Speaker of the House. House stenographers not specially
assigned shall be under the control of a head to be desig-
nated by the Efficiency Committee, who shall work under
the Committee on Legislative Expense. House stenog-
raphers shall be at all times subject to the requisition of
the Chairman or acting Chairman of any House Commit-
tee, for the performance of the official business of the
House. All attaches and employees of the House shall
remain on duty at all times while the House is in session.
When the House is not in session they shall observe the
same hours of employment as regular capitol employees,
provided, that any committee may require a stenographer
to attend its meetings at any time. House stenographers
may be required to write letters for members of the
House when same does not interfere with their doing
the official work of the House which has been allotted to
them.
Rule 83. No attache of the House shall, directly or
indirectly, interest or concern himself or herself with
the passage or consideration of any measure whatsoever.
And if any attache so interests or concerns himself or
herself with any measure it shall be grounds for sum-
mary dismissal.
Rule 84. Any bonus to be paid any attache or any
employee shall be agreed upon by the Speaker and by
the Chairman of the Committee on Legislative Expense.
Unanimous consent shall be required to waive this rule.

JOINT RULES
Rule 1. While bills and joint resolutions are on their
passage between the two houses, they shall be on paper
and under the signature of the Secretary or Clerk of
each House respectively.
Rule 2. After a bill or joint resolution shall have
passed both Houses it shall be duly enrolled as provided
by Chapter 7346, Acts of 1917, by the Enrolling Clerk
of the House of Representatives or .Enrolling Secretary
of the Senate, as the bill may have originated in the
one or the other House, before it shall be presented to
the Governor of the State or filed with the Secretary
of State.

Rule 3. When a bill or joint resolution is enrolled it
shall be examined by the Standing Committees of the
Senate and the House of Representatives on Enrolled
Bills, acting conjointly, who shall carefully compare the



enrollment with the engrossed bill or joint resolution as



April 9, 1947



MESSAGE FROM THE SENATE
The following message from the Senate was received ano
read:



E OF REPRESENTATIVES 39

passed by the two houses, and correcting any errors that
may be discovered in the enrolled bill or joint resolution,
make their report forthwith to their respective Houses.
Rule 4. After examination and report, each bill and
joint resolution shall be submitted to the introducer for
his inspection and thereafter shall be signed in the re-
spective Houses, first by the Speaker of the House of
Representatives, and the Clerk thereof, then by the Pres-
ident of the Senate and the Secretary thereof.
Rule 5. That the Committee of the Senate on En-
rolled Bills and the Committee of the House: on Enrolled
Bills shall constitute a joint committee on Enrolled
Bills.
Rule 6. After a bill shall have been thus signed in
each House, it shall be presented by the said committee
to the Governor of the State for his approval, it being
first endorsed on the back thereof, certifying in which
House the same originated, which endorsement shall be
signed by the Secretary or Clerk as the case may be,
of the House in which it did originate, entered on the
Journal of each House. The same committee shall report
the day of presentation to the Governor, which time shall
also be carefully entered on the Journal of each House.
Rule 7.- All orders, resolutions and votes which are
to be presented to the Governor of the State for his ap-
proval shall also in the same manner be previously en-
rolled, examined and signed, and shall be presented in
the same manner and by the same committee as provided
in cases of bills.
Rule 8. Before being put upon its passage, every
resolution in etiher House, to which the concurrence of
the other may be necessary (except a question of ad-
journment) shall receive two readings, which (unless two-
thirds of the members present decide otherwise) shall
be upon two different days; and the Clerk upon the pro-
ceedings thereto shall announce whether the same to be
first or second reading of such readings; and all such
resolutions upon their passage shall be certified as of
course, and without necessity of any motion or vote to
that effect by the Clerk or Secretary respectively of the
House so passing said resolution to the other.
Rule 9. Joint Resolutions shall, prior to their passage,
receive three readings which shall (unless two-thirds of
the members present shall decide otherwise) be upon
three different days; and the Clerk upon proceeding
thereto, shall announce whether the same be the first or
second or third reading; and upon their passage the same
resolutions shall be certified by the House so passing the
same to the other in like manner to that prescribed in
joint rule number eight for concurrent resolutions.

Mr. Collins moved the adoption of the Report of the Com-
mittee on Rules and Calendar in full. Which was agreed to and
the Report of the Committee on Rules and Calendar was
adopted in full.
Mr. Simpson moved that, the Report of the Committee on
Rules and Calendar be printed in the House Journal in full.
Which was agreed to and it was so ordered.












40



SENATE CHAMBER
Tallahassee, Florida
April 9, 1947
Hon. Thos. D. Beasley
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed-
By Senators Mathews, Clarke, Shands, Pearce, Sheldon,
Sanchez, Fraser and Johns-
Senate Concurrent Resolution No. 2:
WHEREAS, Hjenry Ford, internationally famous auto-
mobile manufacturer, passed away this morning in his
eighty-fourth year, and
WHEREAS, Mr. Ford, through manufacturing more motor
vehicles than any other person or firm in the history of
the automobile and becoming during his life one of the
greatest stimulants to economic development on earth, and,
by being the first person to set the price of the automobile
at a figure the ordinary person could afford, made motor
vehicle ownership more common than was ever the case with
horse-drawn vehicle and thus so stimulated travel that our
people know their country much better than ever in history,
and
WHEREAS, the educational effect of Mr. Ford's work is
so great as to be beyond ordinary calculation, enabling
geographers, scientists and explorers in general to know
more about adjacent countries than formerly they did about
their own, probably having had a greater indirect effect in
bringing about an improved highway system than any other
person, and
WHEREAS, Mr. Ford was a friend to Florida spending
many winters in the state helping to advertise and develop
it, NOW, THEREFORE,
BE IT RESOLVED, First, that the Senate and House of
Representatives of the State of Florida express their regret
at the passing of this great man whose achievements have



April 9, 1947



been of such an extraordinary nature, and
BE IT RESOLVED, Second, that the educational develop-
ment of America has been tremendously influenced and the
cause of individualism in business and achievement generally
has lost a friend.
BE IT RESOLVED, Third, That the Senate and House
hereby jointly express their sympathy to the bereaved family,
and feel that it can look back with pride to the influence
and achievements of this great American.
BE IT RESOLVED, Fourth, that a copy of these resolu-
tions be sent to the family of Mr. Ford and to the Press.
And respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate
Which was read in full.
Mr. Crews moved that the Rules be waived and that the
Senate Concurrent Resolution No. 2 be read the second time
in full.
Which was agreed to by a two-thirds vote.
And Senate Concurrent Resolution No. 2 was read the
second time in full.
Mr. Crews moved the adoption of the Concurrent Reso-
lution.
Which was agreed to.
Senate Concurrent Resolution No. 2 was adopted and the
same was ordered certified to the Senate.
Mr. Simpson moved that the House do now adjourn to
reconvene at 10:00 A. M. tomorrow morning.
Which was agreed to.
Thereupon at the hour of 11:30 A. M., the House stood
adjourned until 10:00 A. M. tomorrow morning.



JOURNAL OF THE HOUSE OF REPRESENTATIVES















JOURNAL OF THE HOUSE OF REPRESENTATIVES


Thursday, April 10, 1947



The House was called to order by the Speaker at 10 A. M.
The roll was called and the following members answered
to their names:



Mr. Speaker
Akerman
Alexander
Andrews
Baker
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Carter
Clark, C. L.
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney



Crews
Davis
Dayton
Dekle
Dowda
Drummond
Dunn
Elliott
Floyd
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hendry
Hethcox
Horne
Hough
Howell
Ingraham
Jenkins
Johnson
Kelly
Lantaff



Luckie Saunders
MacWilliam Schuh
Martin Sellar
McAlpin Shepperd
McClure Simpson
McKendree Smith, J. S.
McKenzie Smith, L. W.
McMullen Smith, M. B.
Melvin Smith, R. C.
Merritt Stewart
Midyette Stirling
Moore Stokes
Morgan Strayhorn
Morrow Tapper
Murray Taylor
Odham Usina
Oelkers Wainwright
Papy Walton
Peacock, J. T. Williams, G. K.
Peacock, J. R. Williams, JJ. J.
Peeples Wilson
Potter Wotitzky
Roberts Yeomans
Rowell



A quorum present.
Prayer was offered by the Chaplain.
The Speaker announced that he had excused Mr. Hawkins
of Volusia from attendance upon the sessions for the re-
mainder of the week, and Mr. Roberts of Brevard from at-
tendance upon the session today.
The reading of the Journal was dispensed with.
The Journal for Wednesday, April 9, was ordered cor-
rected as follows:
On Page 1, Column 1, under heading "Committees on
Aviation" strike out the name, "Luckie of Duval" and in-
sert, "Gautier of Dade."
On Page 2, Column 2, under the heading "Committee on
General Appropriations" add "L. W. Smith of Polk".
On Page 17, Column 1, add "and Cobb of Volusia" as
co-introducer of House Bill No. 1.
The Journal for Wednesday, April 9, was corrected and,
as corrected, was approved.
EXECUTIVE COMMUNICATIONS
Tallahassee, Florida
April 9, 1947.
Honorable Thos. D. Beasley,
Speaker of the House of Representatives,
Tallahassee, Fla.
Sir:
In conformity with the requirements of the Constitution of
the State of Florida, I herewith transmit to you, for considera-
tion of the House of Representatives, the following vetoed Acts
with the Governor's objections attached thereto, viz.:
(H. B. No. 444.)-"An Act to provide that in counties in
Florida having a population of not less than 70,000 or more
than 70,500 according to the federal census of 1940, every per-
son, firm, corporation or association whomsoever, who may
operate under any terms whatsoever, including lease arrange-
ment, concession, traveling shows, exhibitions or amusement
enterprises, including carnivals, vaudeville, minstrels, rodeos,
theatricals, games or tests of skill, riding devices, dramatic



repertoires and all other shows or amusements within the
grounds of, and in connection with any fair or exposition in
such counties, shall be exempt from the payment of any and
all state and county and municipal taxes and licenses, now or
hereafter provided by law, provided said fairs or expositions
shall have been incorporated, not for profit, under the provi-
sions of Chapter 7388 of the Laws of Florida, Acts of 1917, as
amended, and shall have operated for not less than ten con-
secutive years since the date of their incorporation."
(H. B. No. 461.)--"An Act vesting title in the several respec-
tive counties of Florida to all lands acquired by the State of
Florida under provisions of Chapter 18296, Laws of Florida,
Acts of 1937 Legislature, being Section 192.38 Florida Statutes
1941, and unsold by the State of Florida on October 1, 1945;
and providing that trustees of Internal Improvement Fund of
Florida shall certify correct descriptions of such lands to such
respective counties; and providing for sale and disposition of
said lands by said counties, and distribution of proceeds
thereof; making certain exceptions and provisions with respect
to drainage districts, and lands therein, whose debts have been
substantially reduced and refinanced by the Reconstruction
Finance Corporation or others."
(Com. Sub. for H. B. No. 472.)--"An Act relating to construc-
tion of additional tuberculosis sanatoria in the State of Florida
and making appropriation for the construction and equipment
of such sanatoria."
(H. B. No. 577.)-"An Act providing that under the Florida
Unemployment Compensation law the affiliation provisions
thereof combining employing units shall not affiliate for the
purposes of said law any employing units directly or indirectly
owned or controlled by any person, firm or corporation."
(H. B. No. 956.)-"An Act to fix the compensation of the
Supervisor of Registration of Liberty County, Florida."
(H. B. No. 960.)--"An Act fixing the compensation of the
Tax Collector of Liberty County, Florida, and repealing all
laws in conflict herewith."
(H. B. No. 1006.)-"An Act to provide for the reimbursement
to Hardee County Fair Association, a corporation of Hardee
County, Florida, for the payment of license for the operation
of its fair in October 1944, to the Hardee County Tax Collector
which money was thereafter paid over to the State of Florida
and authorizing, directing and empowering the Comptroller of
the State of Florida to refund the same out of the General Fund
of the State of Florida."
(H. B. No. 1151.)-"An Act to authorize the tax collector of
counties of the state having a population of not less than
seventy-two thousand nor more than seventy-six thousand
according to the last proceeding federal census to repay certain
license taxes collected by him."
(H. B. No. 1155.) -"An Act to authorize the regulation of
illegal transportation of intoxicating beverages and liquors on
the streets, alleys and other public places in the City of Orlando,
and to provide the seizure, forfeiture and sale of vehicles and
other personal property used in furtherance of a violation of
this Act or ordinances enacted in pursuance hereof."
(H. B. No. 1183)-"An Act authorizing and directing the
trustees of the Internal Improvement Fund of the State of
Florida to convey certain lands located in municipalities and
acquired by the state in Palm Beach County under decrees in
certain tax foreclosure suits, to-wit, State versus Ellis, Chancery
No. 11857, and State versus Hower, Chancery No. 11858, Circuit
Court of Palm Beach County, without reservation to the state
of mineral or oil rights and to require the state to convey such
title as it acquired: Effect of reservations in deeds from said
trustees: Repealing all laws in conflict."
Yours very truly,
R. A. GRAY,
Secretary of State.



41












42



JOURNAL OF THE HOUSE



And House Bills Nos. 444, 461 and Committee Substitute
for House Bill No. 472 of the 1945 session, together with the
Governor's veto messages, were referred to the Committee
on Executive Communications.
And House Bill No. 577 of the 1945 session, together with
Governor's veto message, was referred to the Committee
on Workmen's Compensation.
And House Bills Nos. 956, 960, 1006, 1151, 1155 and 1183
of the 1945 session, together with the Governor's veto mes-
sages, were referred to the Committee on Executive .Com-
munications.
OFFICE OF THE
ATTORNEY GENERAL
STATE OF FLORIDA
TALLAHASSEE
April 9, 1947
Honorable Thomas D. Beasley
Speaker of the House
Capitol
My Dear Mr. Speaker:
I would appreciate it if you will have this letter read to
the House membership in session as soon after the open-
ing of your 1947 session as may be convenient, and, if in
order, print it in the Journal of your proceedings.
I would like the Members of the House of Representatives
to know that the facilities of the Attorney General's office
are available to them for the drafting of bills, and in all
other respects consistent with ability and time, but in
doing this it is hoped that no accrediting of responsibility
in any way or form regarding any legislation proposed in
any of such bills will be placed or felt to exist in any way
for such bills so drawn by me or members of my staff, except
of course, for the proper preparation and draftsmanship
of the acts drawn by us. Neither I nor any of my assistants
will express any opinion in drafting such proposed legisla-
tion as to the justice, wisdom or policy thereof, nor will we
express any opinion as to the constitutionality of any laws
which we draw for legislative members. Under Section 16.01,
Florida Statutes, 1941, the legislature may by resolution re-
quest any service desired by it of the Attorney General, and
I am construing this to mean by independent resolution of
either House, including his opinion as to the constitutional
validity of any existing law or proposed legislation, and
should my services under any such resolution be requested,
it will be readily and promptly furnished.
I wish each Member of the House to feel assured of my
own willingness and each Assistant Attorney General, to
be of all possible assistance to him in the discharge of his
important duties as a Member of the House of Representa-
tives, and also that each of the Members of your body will
feel free to avail themselves of this willingness as the oc-
casion therefore may present.
Very respectfully,
J. TOM WATSON,
Attorney General.
STATE OF FLORIDA
EXECUTIVE DEPARTMENT
TALLAHASSEE
April 8, 1947
Gentlemen of the Legislature:
In pursuance of the requirement of Section 11 of Article
IV of the State Constitution, I have the honor to transmit
herewith a report covering every case of fine or forfeiture
remitted, or reprieve, pardon or commutation granted, stating
the name of the convict, the crime for which he was con-
victed, the sentence, its date, and the date of its remission,
commutation, pardon or reprieve since making report to
the Legislature, April 9, 1945.
Respectfully submitted,
MILLARD F. CALDWELL
Governor.
Jim Amos, convicted in the Circuit Court of Hendry County,
Florida, Fall term, 1931, of the offense of Robbery and sen-



E OF REPRESENTATIVES April 10, 1947


tenced therefore to serve twenty years in the State prison,
granted a full and complete pardon May 15, 1945.
John Gregory, convicted in the County Judge's Court
of Taylor County, Florida, January term, 1945, of the of-
fense of Being Drunk from the Voluntary Use of Intoxicating
Liquors and Drugs, and sentenced therefore to serve six months
in the County jail, granted a commutation of sentence May
15, 1945, to four months.
Salvatore B. Amendola, convicted in the County Judge's
Court of Jackson County, Florida, June 30, 1945, of the
offense of Vagrancy and sentenced therefore to serve six
months in the County jail, granted a commutation of sen-
tence August 7, 1945, to the time already served.
Slater Smith, convicted in the Circuit Court of Taylor
County, Florida, Fall term, 1940, of the offense of Man-
slaughter and sentenced therefore to serve six years in the
State prison, granted a conditional pardon August 7, 1945.
John W. Stewart, convicted in the Criminal Court of Rec-
ord of Duval County, Florida, January term, 1942, of the
offense of Breaking and Entering and sentenced therefore
to serve twelve months in the County jail; and who was also
convicted at the same term of Court of said County of the
offense of Grand Larceny and sentenced to serve three years
in the State prison, which sentence was suspended and
defendant placed on probation, granted a conditional pardon
August 7, 1945.
Jerry Govan, convicted in the Circuit Court of Alachua
County, Florida, Summer term, 1944, of the offense of
Murder in the First Degree and sentenced therefore to Death
by Electrocution, granted commutation of sentence August
14, 1945, to life imprisonment in the State prison.
Samuel Geller Garelick, convicted in the Circuit Court of
Dade County, Florida, December term, 1934, of the offense
of Kidnapping and sentenced therefore to life imprisonment in
the State prison, granted a full and complete pardon Sep-
tember 11, 1945.
Stafford Johnson, convicted in the Criminal Court of
Record of Dade County, Florida, March term, 1933, of the
offenses of Possession of Stolen Property and Breaking and
Entering and sentenced therefore to serve two years in the
State prison, granted a full and complete pardon September
18, 1945.
Luther Lane, convicted in the Circuit Court of Sumter
County, Florida, Fall term, 1940, of the offense of Larceny
of a Steer and sentenced therefore to serve three years in
the State prison, granted a full and complete pardon Sep-
tember 18, 1945.

R. L. Lopez, convicted in the Circuit Court of DeSoto
County, Florida, Spring term, 1937, of the offense of Grand
Larceny and sentenced therefore to serve six months in the
County jail, granted a full and complete pardon September
18, 1945.
Angus Porter, convicted in the County Judge's Court ot
Jackson County, Florida, August term, 1945, of the offense
of Unlawfully Becoming Drunk and sentenced therefore to
serve sixty days in the County jail, granted a conditional
pardon September 18, 1945.

Earl Sawyer, convicted in the Criminal Court of Record
of Dade County, Florida, December term, 1932, of the of-
fense of Non-support of Minor Child and sentenced therefore to
serve one year in the State prison, granted a full and com-
plete pardon September 18, 1945.
R. W. Wilkinson, convicted in the Criminal Court of
Record of Dade County, Florida, February term, 1937, of
the offense of Embezzlement, 2 charges, and sentenced there-
for to serve two years in the State prison, granted a full
and complete pardon September 18, 1945.



Manuel Carlos, convicted in the Circuit Court of Seminole
County, Florida, February term, 1944, of the offense of Buy-
ing and Receiving Embezzled Property and sentenced there-
for to serve two years in the State prison, granted a full and
complete pardon December 11, 1945.













JOURNAL OF THE HOUSE



Cauthen E. Jones, convicted in the Criminal Court of
Record of Duval County, Florida, October term, 1945, of the
offense of Assault and Battery and sentenced therefore to
serve six months in the County jail, granted a conditional
pardon January 22, 1946.
Nicholas Montone, alias Nick Marlow, alias "Little Nickie",
convicted in the Criminal Court of Record of Dade County,
Florida, May term, 1935, of the offense of Armed Robbery
and sentenced therefore to serve twenty-five years in the
State prison, granted a full and complete pardon January
29, 1946.
M. D. Kersey, convicted in the Circuit Court of Indian
River County, Florida, Spring term, 1945, of the offense
of Violation of Lottery Laws and sentenced therefore to pay
a fine of $1,000.00 or to serve one year in the State prison,
granted a full and complete pardon March 12, 1946.
Duffin Lancaster, convicted in the Circuit Court of Suwan-
nee County, Florida, Special term, 1940, of the offense of
Forgery and sentenced therefore to serve two years in the
State prison; and who also was convicted in the Circuit
Court of Columbia County, Florida, Fall term, 1941, of the
offense of Forgery and sentenced therefore to serve four years
in the State prison, granted a full and complete pardon March
12, 1946.
Charles A. Biggert, convicted in the Circuit Court of Baker
County, Florida, Fall term, 1933, of the offense of Bigamy
and sentenced therefore to serve one year in the State prison,
granted a full and complete pardon March 26, 1946.
Francis Bozzi, convicted in the Criminal Court of Record
of Palm Beach County, Florida, October term, 1940, of the
offense of Breaking and Entering with Intent to Commit a
Felony and sentenced therefore to serve eighteen months in
the State prison, granted a full and complete pardon March
26, 1946.
Fred Bryant, convicted in the Circuit Court of Baker
County, Florida, Spring term, 1934, of the offense of Murder
in the Second Degree and sentenced therefore to serve twenty
years in the State prison, granted a full and complete pardon
March 26, 1946.

Homer Cato, convicted in the Criminal Court of Record
of Dade County, Florida, June term, 1937, of the offense of
Breaking and Entering with Intent to Commit Grand Lar-
ceny and sentenced therefore to serve four years in the
State prison, granted a full pardon March 26, 1946.
Jerah Collins, convicted in the Circuit Court of Columbia
County, Florida, Fall term, 1945, of the offense of Unlawfully
Receiving Stolen Property and sentenced therefore to serve
three years in the State prison, granted a full and complete
pardon March 26, 1946.

Sidney Crisp, convicted in the Criminal Court of Record
of Dade County, Florida, July term, 1945, of the offense of
Operating a Gambling House and sentenced therefore to pay
a fine of $150.00 and the costs of court, or to serve six months
in the State prison, granted a full and complete pardon
March 26, 1946.
S. A. Estupinan, alias Pirolo, convicted in the Criminal Court
of Record of Hillsborough County, Florida, February term,
1937, of the offense of Violation of Lottery Laws and sentenced
therefore to pay a fine of $150.00 and the costs of Court, or to
serve 90 days in the County jail, granted a full and complete
pardon March 26, 1946.
C. F. Hart, convicted in the Circuit Court of Taylor County,
Florida, March term, 1941, of the offense of Attempt to Counsel
and Procure the Burning of a Store Building with Intent to
Defraud the Insurer and sentenced therefore to serve one and
one-half years in the State prison, granted a full and complete
pardon March 26, 1946;
Jesse Jackson, convicted in the Criminal Court of Record of
Hillsborough County, Florida, February term, 1934, of the
offense of Manslaughter, two charges, and sentenced therefore
to serve forty years in the State prison, granted a full and com-
plete pardon March 26, 1946.



Robert King, convicted in the Circuit Court of Columbia



April 10, 1947



J. C. Forehand, convicted in the Circuit Court of Holmes
County, Florida, Spring term, 1937, of the offense of Larceny
of an Automobile and sentenced therefore to serve two years in



IE OF REPRESENTATIVES 43


County, Florida, Fall term, 1945, of the offense of Unlawfully
Receiving Stolen Property and sentenced therefore to serve
three years in the State prison, granted a full and complete
pardon March 26, 1946.
Buford Sapp, convicted in the Court of Record of Escambia
County, Florida, July term, 1937, of the offense of Carnal Inter-
course with Unmarried Female under the Age of Eighteen Years
and sentenced therefore to serve four years in the State prison,
granted a full and complete pardon March 26, 1946.
Sim Jackson, convicted in the County Court of Madison
County, Florida, October 23, 1945, of the offense of Hit and
Run Driving and sentenced therefore to serve ten months in the
County jail, granted commutation of sentence to payment of
fine of $150.00, March 26, 1946.
Vance Winfield Wilber, convicted in the Criminal Court of
Record of Palm Beach County, Florida, January term, 1946,
of the offense of Armed Robbery and sentenced therefore to
serve ten years in the State prison, granted a conditional
pardon May 21, 1946.
John W. Morgan, convicted in the Circuit Court of Levy
County, Florida, Spring term, 1917, of the offense of Murder
and sentenced therefore to life imprisonment in the State prison,
granted a full and complete pardon, June 11, 1946.
Arthur Don DeLilse, convicted in the Circuit Court of Pinel-
las County, Florida, Spring term, 1930, of the offense of Grand
Larceny and sentenced therefore to serve two years in the State
prison, granted a full and complete pardon June 25, 1946.

Aaron Butler, convicted in the Circuit Court of Leon County,
Florida, Spring term, 1928, of the offense of Murder in the
Third Degree ard sentenced therefore to serve twenty years in
the State prison, granted a full and complete pardon July 16,
1946.
Adam Rabinowitz, convicted in the Criminal Court of Record
of Dade County, Florida, April term, 1944, of the offense of
Unlawfully Buying, Receiving and aiding in the Concealment
of Stolen Property and sentenced therefore to pay a fine of
$100.00 and the costs of Court, or to serve 6 months in the
County jail, granted a full and complete pardon July 16, 1946.
Brady Roberts, convicted in the Circuit Court of Santa Rosa
County, Florida, Spring term thereof, A. D. 1942, of the offense
of Wilfully Burning the Woods of Another and sentenced there-
for to serve one year and one day in the State prison, granted
a full and complete pardon July 16, 1946.
Herman Roberts, alias Cripp, convicted in the Criminal Court
of Record of Monroe County, Florida, January, 1927, of the
offense of Attempted Robbery and sentenced therefore to serve
three years in the State prison, granted a full and complete
pardon July 16, 1946.
Philip Rosenblatt, convicted in the Criminal Court of Record
of Dade County, Florida, April, 1942, of the offense of Unlaw-
fully Operating a Gambling House and sentenced therefore to
pay a fine of $250.00 and the costs of Court, or to serve 6
months in the State prison, granted a full and complete pardon
July 16, 1946.
Leo Bailey, convicted in the Circuit Court of Bay County,
Florida, Fall term, 1943, of the offense of Murder in the First
Degree and sentenced therefore to death by electrocution,
granted a commutation of sentence July 17, 1946, to life im-
prisonment in the State prison.
Ottie Carmichael, convicted in the County Judge's Court of
Taylor County, Florida, March 30, 1946, of the offense of
Drunkenness and sentenced therefore to pay a fine of $25.00
and to serve 4 months in the County jail, said sentence sus-
pended upon good behavior and revoked July 1, 1946, granted a
conditional pardon July 23, 1946.
E. L. Stovall, convicted in the Criminal Court of Record of
Hillsborough County, Florida, February term, 1945, of the
offense of Receiving Stolen Goods and sentenced therefore to
serve four years in the State Prison, granted a conditional
parole August 27, 1946.












JOURNAL OF THE HOUSE



the State prison, granted a full and complete pardon September
24, 1946.
Hub Powell, convicted in the Circuit Court of Holmes County,
Florida, Fall term thereof, 1938, of the offense of Larceny
of a Bull and sentenced therefore to serve two years in the State
prison, granted a full and complete pardon September 24, 1946.
J. E. Croft, convicted in the Circuit Court of St. Johns
County, Florida, December 28, 1945, of the offense of Larceny
of an Automobile and sentenced therefore to serve five years
in the State prison, granted a full and complete pardon Novem-
ber 14, 1946.
Melton J. Worthy, convicted in the Criminal Court of Record
of Orange County, Florida, March 29, 1945, of the offense of
Forgery and sentenced therefore to serve one year and to pay
the costs of court, or to serve 30 days additional in default of
payment of said costs; also convicted in the Criminal Court of
Record of said County, August 7, 1946, of the offense of Escape
and sentenced therefore to serve six month in the Orange County
Prison Camp, and to pay the costs of court, or in default of
payment of said costs to serve sixty days additional in said
Camp, granted a conditional parole November 14, 1946.
Martin S. Beeman, convicted in the Criminal Court of Record
of Dade County, Florida, August 27, 1942, of the offense of
Violation of State Narcotic Laws and sentenced therefore to
serve three years in the State prison, granted a full and com-
plete pardon December 17, 1946.
Joseph Damico, convicted in the Circuit Court of Pinellas
County, Florida, Fall term, 1942, of the offense of Breaking and
Entering with Intent to Commit a Felony and sentenced to
serve ten years in the State prison, granted a full and complete
pardon December 17, 1946.
Albert Moore, convicted in the Circuit Court of Levy County,
Florida, Fall term, 1937, of the offense of Larceny of Hog and
sentenced therefore to serve two years in the State prison,
granted a full and complete pardon December 17, 1946.
Louis Perrone, convicted in the Criminal Court of Record
of Hillsborough County, Florida, March term, 1942, of the of-
fense of Breaking and Entering with Intent to Commit Grand
Larceny and sentenced therefore to serve eighteen months in
the County jail, last twelve months suspended provided de-
fendant goes into the Army, granted a full and complete
pardon December 17, 1946.
W. T. Sapp, convicted in the Court of Record of Escambia
County, Florida, January term, 1938, of the offense of Re-
ceiving Stolen Property and sentenced therefore to serve five
years in the State prison, granted a full and complete pardon
December 17, 1946.
A. B. Blair, convicted in the County Judge's Court of Marion
County, Florida, September 11, 1946, of the offense of Making
and Uttering Worthless Check, two charges, and sentenced
therefore to serve six months in the County jail, granted a
conditional pardon December 17, 1946.
Leslie Holden, convicted in the Criminal Court of Record of
Dade County, Florida, June term, 1928, of the offense of Break-
ing and Entering and sentenced therefore to serve two years in
the State prison, granted a full and complete pardon Decem-
ber 31, 1946.
Robert Wright, convicted in the Court of Record of Es-
cambia County, Florida, March term, 1931, of the offense of
Murder in the Second Degree and sentenced therefore to serve
twenty years in the State prison, granted a full and complete
pardon January 21, 1947.
Joe Brooks, convicted in the Court of Record of Hillsborough
County, Florida, Spring term, 1946, of the offense of Murder
in the First Degree and sentenced therefore to death by elec-
trocution, granted a commutation of sentence March 4, 1947,
to life imprisonment in the State prison.
R. T. Crawford, convicted in the Court of Record of Es-
cambia County, Florida, June term, 1946, of the offense of
Violation of the Uniform Narcotic Drug Law of Florida, and
sentenced therefore to pay a fine of $100.00 and the costs of
Court, or in default thereof to serve sixty days in the County
jail, granted a full and complete pardon March 11, 1947.



E OF REPRESENTATIVES April 10, 1947


Noland Felder, convicted in the Circuit Court of Alachua
County, Florida, January term, 1928, of the offense of Enter-
ing without Breaking and sentenced therefore to serve one year
in the State prison, granted a full and complete pardon
March 11, 1947.
Carlton Martin, convicted in the Circuit Court of Holmes
County, Florida, Fall term, 1939; of the offense of Incest and
sentenced therefore to serve twenty years in the State prison,
granted a full and complete pardon March 11, 1947.
Charley Pitts, convicted in the Circuit Court of Calhoun
County, Florida, Fall term, 1923, of the offense of Murder in
the First Degree and sentenced therefore to life imprisonment
in the State prison, granted a full and complete pardon
March 11, 1947.
R. D. Weaver, convicted in the Court of Record of Escambia
County, Florida, June term, 1946, of the offense of Violation
of the Uniform Narcotic Drug Law of Florida and sentenced
therefore to pay a fine of $100.00 and the costs of court, or in
default thereof to serve sixty days in the County jail, granted
a full and complete pardon March 11, 1947.

REPRIEVES
Edgar Lewis, convicted in the Circuit Court of Calhoun
County, Florida, Spring term, 1945, of the offense of Breaking
and Entering and sentenced to serve two years in the State
prison, granted reprieves as follows: for sixty days from
April 25, 1945, and for sixty days from June 23, 1945.
E. K. Fleming, convicted in the Criminal Court of Record
of Duval County, Florida, June term, 1944, of the offense of
Murder in the Second Degree and sentenced to serve twenty
years in the State prison, granted reprieve for sixty days from
June 2, 1945.
W. F. Morgan, convicted in the Circuit Court of Madison
County, Florida, Spring term, 1943, of the offense of Larceny
of two heifers and sentenced to two years in the State prison,
granted reprieve for six weeks from July 24, 1945.
C. E. Davis, convicted in the Circuit Court of Lafayette
County, Florida, August 2, 1945, of the offense of Contempt of
Court and sentenced to pay a fine of $50, or to serve ten days
in the County jail, granted reprieve for thirty days from
August 2, 1945.
Clyde Cumbie, convicted in the Circuit Court of Santa
Rosa County, Florida, January 25, 1945, of the offense of
Grand Larceny and sentenced to serve two years in the State
prison, granted reprieve for thirty days from August 28, 1945.
Rogers Green, convicted in the Criminal Court of Record of
Polk County, Florida, October 15, 1941, of the offense of Ob-
structing an Officer in the Service of Process and sentenced
to serve eight months in the County jail, granted reprieve
for thirty days from October 19, 1945.
Pearl McAden, convicted in the Circuit Court of Hillsborough
County, Florida, April 8, 1944, of the offense of Murder in the
Second Degree and sentenced to life imprisonment in the
State prison, granted reprieves as follows: for thirty days
from October 19, 1945, and for thirty days from November
18, 1945.

Albert Corraccia, convicted in the Criminal Court of Record
of Palm Beach County, Florida, October 5, 1945, of the offense
of Assault with Intent to Commit Manslaughter and sentenced
to serve one year in the State prison, granted reprieve for
thirty days from October 23, 1945, and same was revoked
October 30, 1945.

Manuel Carlos, convicted in the Circuit Court of Seminole
County, Florida, February term, 1944, of the offense of Re-
ceiving Goods that he Knew to have been Embezzled and
sentenced to serve two years in the State prison, granted re-
prieve for sixty days from November 6, 1945.



C. B. Hardaman, convicted in the Criminal Court of Record
of Dade County, Florida, May term, 1945, of the offense of
Embezzlement and sentenced to serve six months in the County
jail, granted reprieve for thirty days from February 13, 1946.
















E. L. Stovall, convicted in the Criminal Court of Record
of Hillsborough County, Florida, February 12, 1945, of the
offense of Receiving Stolen Goods and sentenced to serve
fpur years in the State prison, granted reprieves as follows:
for thirty days from February 21, 1946, and for fifteen days
from March 23, 1946.
Oscar Couch, convicted in the Circuit Court of Calhoun
County, Florida, April 25, 1946, of the offense of Grand
Larceny and sentenced to serve two years in the State prison,
granted reprieve for sixty days from May 1, 1946.
Max Sandman, convicted in the Criminal Court of Record
of Dade County, Florida, October 23, 1945, of the offense of
Operating a Gambling House and sentenced to serve one year
in the State prison, granted reprieves as follows: for thirty
days from May 2, 1946, and for fifteen days from June 1, 1946.
Sparks Johnson, convicted in the Circuit Court of Levy
County, Florida, Spring term, 1945, of the offenses of Breaking
and Entering, and Armed Robbery, and sentenced to serve
five years in the State prison, granted reprieve for thirty days
from May 18, 1946, and revoked June 3, 1946.
Cecil McKown, convicted in the Criminal Court of Record
of Polk County, Florida, March term, 1945, of the offense of
Possession of Liquor for Purpose of Sale and sentenced to
serve six months in the County jail, granted reprieves as fol-
lows: for thirty days from June 10, 1946, and for a period
ending at midnight July 17, 1946.
Marion Austin Brumby, convicted in the Circuit Court of
Taylor County, Florida, Fall term, 1945, of the offense of
Perjury and sentenced to serve seven years in the State prison,
granted reprieve for thirty days from June 13, 1946.
John R. Sapp, convicted in the Court of Record of Escambia
County, Florida, November 23, 1945, of the offense of Grand
Larceny and sentenced to serve three years in the State prison,
granted reprieve for thirty days from June 19, 1946.
W. M. Mashburn, convicted in the Circuit Court of Duval
County, Florida, Fall term, 1945, of the offense of Murder in
the Second Degree and sentenced to serve twenty years in the
State prison, granted reprieve for thirty days from Novem-
ber 12, 1946.
INTRODUCTION OF HOUSE CONCURRENT
RESOLUTIONS
By Messrs. Murray of Polk, Collins of Sarasota, L. W.
Smith of Polk and Wilson of Columbia-
HOUSE CONCURRENT RESOLUTION NO. 1
A CONCURRENT RESOLUTION inviting General Jona-
than M. Wainwright to address a joint session of the Senate
and House of Representatives.
WHEREAS it is anticipated that General Jonathan M.
Wainwright, the hero of Corregidor, will visit Honorable
N. D. Wainwright, Jr., a member of the House of Repre-
sentatives, during the present session of the Legislature;
and
WHEREAS General Wainwright has earned the gratitude
of every American and is an inspiration to every American;
NOW THEREFORE BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES, THE SENATE CONCURRING:
That General Jonathan M. Wainwright be invited to ad-
dress a joint session of the Senate and House of Represen-
tatives at some time to be agreed upon by General Wain-
wright and a committee to be designated by the President
of the Senate and the Speaker of the House.
Which was read in full.
Mr. Murray moved that the rules be waived and House
Concurrent Resolution be read the second time in full.
Which was agreed to by a two-thirds vote.
And House Concurrent Resolution No. 1 was read the
second time in full.
Mr. Murray moved the adoption of the concurrent reso-
lution,



Which was agreed to.
House Concurrent Resolution No. 1 was adopted and the
same was ordered certified to the Senate.

INTRODUCTION OF HOUSE BILLS AND JOINT
RESOLUTIONS
By Messrs. Branch, Martin and McMullen of Hillsborough-
H. B. No. 15-A bill to be entitled An Act authorizing and
empowering the Board of County Commissioners of Hillsbor-
ough County, Florida, to compromise, adjust and settle paving
certificates held and owned by said county, upon real estate,
and issued under provisions of Chapter 13591, Laws of Florida
1929, and to provide the method of effecting such compromise,
adjustment and settlement and the minimum basis thereof.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article III
of the Constitution, has been established in this Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Branch, Martin and McMullen of Hillsborough-
H. B. No. 16-A bill to be entitled An Act authorizing and
empowering the Board of County Commissioners of Hills-
borough County, Florida, to appraise and fix annually the
value of all county owned lands acquired for delinquent taxes,
without regard to last assessed value and to prescribe procedure
where such lands are within corporate limits of a municipality.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article Ill
of the Constitution, has been established in this Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Branch, Martin and McMullen of Hillsborough-
H. B. No. 17-A bill to be entitled An Act authorizing and
empowering the Board of County Commissioners of Hills-
borough County, Florida, to use and utilize county public roads
and road rights of way as herein defined, for drainage pur-
poses.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article III
of the Constitution, has been established in this Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Branch, Martin and McMullen of Hillsborough-
H. B. No. 18-A bill to be entitled An Act authorizing and
empowering the Board of County Commissioners of Hills-
borough County, Florida, to compromise and settle liens and
assessments now held and owned by said county, upon real
estate, and issued under provisions of Chapter 10140, Laws of
Florida 1925, and to cancel and discharge unpaid interest
and penalties thereon, and to provide the method of effecting
such compromise and settlement, and the minimum basis
of such compromises.
Proof of Publication of Notice attached to the above bill.

The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article III
of the Constitution, has been established in this Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Branch, Martin and McMullen of Hillsborough-
H. B. No. 19-A bill to be entitled An Act authorizing and
empowering the Board of County Commissioners of Hills-



borough County, Florida, to compromise, adjust and settle
paving certificates held and owned by said county upon real



April 10, 1947



JOURNAL OF THE HOUSE OF REPRESENTATIVES












46 JOURNAL OF THE HOUW


estate and issued under provisions of Chapter '10145, Laws
of Florida 1925, and to provide the method of effecting such
compromise, adjustment and settlement and the minimum
basis thereof.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article III
of the Constitution, has been established in this Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Branch, Martin and McMullen of Hillsborough-
H. B. No. 20-A bill to be entitled An Act authorizing,
empowering and directing the Board of County Commis-
sioners of Hillsborough County, Florida, to cancel of record
any improvement liens held and owned by said county
against or upon any real property the title to which here-
tofore or hereafter vests in said county under the provisions
of Chapter 22079, Laws of Florida, Acts 1943 Legislature,
including but not restricted to Bayshore Seawall assessments
made under Chapter 9470, Acts 1923 Florida Legislature, as
amended, paving certificates or liens under Chapter 9316,
Acts 1923 Florida Legislature, paving liens under Chapter
10140, Acts 1925 Florida Legislature, and paving certificates
or liens under Chapter 10145, Acts 1925 Florida Legislature.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article III
of the Constitution, has been established in this Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Branch, Martin and McMullen of Hillsborough-
H. B. No. 21-A bill to be entitled An Act authorizing
and empowering the Board of County Commissioners of
Hillsborough County, Florida, to compromise, adjust, settle
and cancel any outstanding and unpaid Bayshore Seawall
assessments, together with any and all penalties, interest
and fees thereon, made under Chapter 9470, Laws of Florida,
Acts 1923 Legislature as amended by Chapter 12851, Laws
of Florida, Acts 1927 Legislature, and Chapter 14107, Laws
of Florida, Acts 1929 Legislature, upon terms and condi-
tions to be fixed and determined by said Board of County
Commissioners but in no event upon less than (3%) three
percent of the unpaid principal of any such assessment.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article III
of the Constitution, has been established in this Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Fuqua of Manatee, Cook of Flagler and Burnsed
of Baker-
H. B. No. 22-A bill to be entitled An Act to amend Sec-
tions 129.01,. 129.02, 129.03, 129.05, 129.06, and 129.07, Flor-
ida Statutes, 1941; to provide for the establishment of a
budget system for Boards of County Commissioners; pre-
scribing the methods of preparing and adopting budgets,
levying taxes, making expenditures and accounting for county
and other funds under the control of Boards of County Com-
missioners; prescribing penalties for the violation of this
Act; and providing for the repeal of all laws in conflict
with this Act.
Which was read the first time by title and referred to
the Committee on Judiciary "A".
By Messrs. Fuqua of Manatee, Cook of Flagler and Burnsed
of Baker-
H. B. No. 23-A bill to be entitled An Act authorizing



and empowering the Boards of County Commissioners of
the several counties of Florida to close, vacate and abandon
any private or public street, road, alley, way or other place
used for travel; or any portion thereof, within the county



Sl



E OF REPRESENTATIVES April 10, 1947


in which said Board of County Commissioners act, and to
prescribe the method therefore, and legal effect thereof, and
validating and confirming the closing, vacation, and abandon-
ment of such roads and streets heretofore* made by any of
said Boards of County Commissioners.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Messrs. Fuqua of Manatee, Cook of Flagler and Burnsed
of Baker-
H. B. No. 24-A bill to be entitled An Act vesting title in
the several respective counties of Florida to all lands ac-
quired by the State of Florida under provisions of Chap-
ter 18296, Laws of Florida, Acts 1937 Legislature, being Sec-
tion 192.38 Florida Statutes 1941, and unsold by the State
of Florida on October 1, 1947; and providing that Trustees
of Internal Improvement Fund of Florida shall certify cor-
rect descriptions of such lands to such respective counties;
and providing for sale and disposition of said lands by said
counties, and distribution of proceeds thereof.

Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Mr. Morgan of Duval-
H. B. No. 25-A bill to be entitled An Act to amend Sec-
tion 398.02 and 398.18 Florida Statutes of 1941, relating to
Narcotic drugs, defining such drugs and habitual users,
manufacturers and wholesalers, prescribing commitment,
treatment, confinement and discharge of habitual users,
duties of State attorneys, judges, State Board of Health,
Bureau of Narcotics of the State Board of Health, Narcotic
officers, Superintendent of State Prison, providing for cer-
tain reports, rules and regulations, authorizing narcotic of-
ficers to administer oaths, providing penalties for falsely
representing or interfering with narcotic officers, false state-
ments made to narcotic officers, and repealing all laws in
conflict with same.
Which was read the first time by title and referred to
the Committee on Public Health.
By Messrs. Fuqua of Manatee, Cook of Flagler and Burnsed
of Baker-
H. B. No. 26-A bill to be entitled An Act limiting the
time within which the former owner and others claiming
by, through or under him shall be permitted to bring suit,
for the purpose of questioning, litigating or contesting the
title to land acquired or conveyed by the counties, munici-
palities, drainage districts and other political subdivisions
and governmental units of Florida or acquired by persons,
firms, and corporations under tax deeds and under deeds
issued pursuant to foreclosure decrees upon tax certificates,
delinquent drainage taxes and liens for taxes and improve-
ments held by any political subdivision or governmental
unit.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Messrs. Fuqua of Manatee, Cook of Flagler and Burnsed
of Baker-
H. B. No. 27-A bill to be entitled An Act directing the
record cancellation by clerks of Circuit Courts of Florida
of all State and county and municipal .tax sale certificates
held by any private person or holder upon lands which have
heretofore reverted to the State of Florida under the pro-
visions of Chapter 18296, Laws of Florida, Acts 1937 Legisla-
ture, otherwise known as the Murphy Act, being Section
192.38 et seq., Florida Statutes 1941.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Messrs. Fuqua of Manatee, Cook of Flagler and Burnsed
of Baker-



H. B. No. 28-A bill to be entitled An Act relating to
taxation, levying and imposing an additional tax on gaso-
line or other like products of petroleum; providing for re-
ports of sales of such commodities to the Comptroller of













JOURNAL OF THE HOUSI



the State of Florida; providing that the gasoline inspection
laws of the State of Florida shall apply to this Act; pro-
hibiting the levy and collection by municipalities and other
political subdivisions of gasoline taxes; providing for the pur-
poses of such tax and appropriating the same for the con-
struction and maintenance of public highways .designated
State roads in the several counties; prescribing the duties
of the State Board of Administration, the several Boards
of County Commissioners and the State Road Department,
and allocating said taxes for public highway use in the
several counties according to the formula of gasoline tax
distribution prescribed in Section 16, Article IX of the State
Constitution; providing for the enforcement of this Act and
penalties for violation hereof. Repealing all laws in con-
flict with this Act, and providing that this Act shall become
effective July 1st, 1947.
Which was read the first time by title and referred to the
Committee on Finance and Taxation.
By Messrs. Fuqua of Manatee, Cook of Flagler and Burnsed
of Baker-
H. B. No. 29-A bill to be entitled An Act.relating to
deeds of conveyance of lands, the title to which is held
by any county or in the name of its Board of County Com-
missioners, limiting the effect, prescribing the form, dis-
pensing with witnessing and acknowledgment and providing
for recording thereof.

Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Messrs. Fuqua of Manatee, Cook of Flagler and Burnsed
of Baker-
H. B. No. 30-A bill to be entitled An Act to permit, under
the circumstances herein described, sales of land, title to
which has become vested in the several counties of the
State of Florida under the provisions of Chapter 20,722 of
the Laws of Florida, Acts of 1941, as amended by Chapter
22,079 of the Laws of Florida, Acts of 1943, and all other
Acts amendatory thereof, providing the manner of sale and
directing the distribution of the proceeds thereof.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".

By Messrs. Fuqua of Manatee, Cook of Flagler and Burnsed
of Baker-
H. B. No. 31-A bill to be entitled An Act providing that no
transfer or assignment of state and county or county tax sale
certificates shall be valid and binding against the state, county,
clerk of the circuit court or board of county commissioners
unless and until such transfer or assignment shall be recorded
in the office of the clerk of the circuit court of the county in
which the land described in such certificate is situate; pro-
viding that persons or corporations claiming as assignees prior
to the effective date of this act shall have sixty days after this
law becomes effective to record their assignments; and repeal-
ing all laws in conflict.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Messrs. Fuqua of Manatee, Cook of Flagler and Burnsed
of Baker-
H. B. No. 32-A bill to be entitled An Act to amend Section
194.55, Florida Statutes 1941, as amended by Section 21 of
Chapter 22079, Laws of Florida, Acts of 1943, relating to taxa-
tion, by amending said section to provide for the refixing under
certain conditions of sale prices of lands acquired under such
law; and by adding a new section empowering the county in
the event of foreclosure of taxes and annual assessments by
drainage districts against lands owned by the county under
this Act, to set up in such foreclosure suit all taxes delinquent
at time county acquired title together with all taxes which
would have been assessed and levied if county had not so
acquired title, and providing ratable participation for such
county with such drainage district in the proceeds of such
foreclosure sale and for reasonable attorneys fee.
Which was read the first time by title and referred to



the Committee on Finance and Taxation.



April 10, 1947



16 of Article IX of the State Constitution."
Which was read in full and referred to the Committee
on Constitutional Amendments.



E OF REPRESENTATIVES 47


By Messrs. Fuqua of Manatee, Cook of Flagler and Burnsed
of Baker-
H. B. No. 33-A bill to be entitled An Act relating to the
disposition of real and personal property belonging to any
county in the State of Florida not needed for county purposes
by the board of county commissioners and providing for the
procedure in making any sale or lease thereof and limiting
the application of this Act.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Messrs. Fuqua of Manatee, Cook of Flagler and Burnsed
of Baker-
H. B. No. 34-A bill to be entitled An Act directing the
record cancellation by clerks of circuit courts of Florida of all
state, county and municipal tax sale certificates held by any
private person or holder after expiration of twenty years from
date of issuance.
Which was read the first time by its title and referred to
the Committee on Finance and Taxation.
By Messrs. Fuqua of Manatee, Cook of Flagler and Burnsed
of Baker-
H. B. No. 35-A bill to be entitled An Act to amend Sections
194.53 and 194.55, Florida Statutes, 1941, as amended by Sec-
tions 19 and 21 of Chapter 22079, Laws of Florida, Acts of 1943,
relating to taxation and assessments by amending said sections
so that drainage liens and assessments shall be subject to sub-
stantially the same treatment and procedure as provided for
tax liens of counties and municipalities; providing for the re-
fixing under certain conditions of sale prices of lands acquired
under such law, the form and effect of conveyance thereof;
amending Section 25 of said Chapter 22079 by deleting there-
from all reference to the assessment, collection, liens or
enforcement of the taxes of any drainage district.
Which was read the first time by title and referred to
the Committee on Finance and Taxation.
By Messrs. Fuqua of Manatee, Cook of Flagler and Burnsed
of Baker-
H. J. R. No. 36-A bill to be entitled A Joint Resolution pro-
posing an amendment to Article IX of the Constitution of the
State of Florida relating to taxation and finance by adding
thereto an additional section providing that all state excise
taxes now or hereafter imposed on the sale and consumption
of petroleum or other motor vehicle fuel products shall be
used exclusively for public highway purposes.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment to Article IX of the Con-
stitution of the State of Florida relating to taxation and
finance by adding thereto an additional section to be known
and designated as Section 17 of said Article IX, providing
that all state excise taxes now or hereafter imposed on the
sale and consumption of petroleum or other motor vehicle
fuel products shall be used exclusively for public highway
purposes is hereby agreed to and shall be submitted to the
electors of the State of Florida for ratification or rejection
at the next General Election to be held in 1948, as follows:
"Section 17-That all state excise taxes now or here-
after imposed upon the sale of gasoline and other like products
of petroleum and upon all combustible gases and liquids
used in an internal combustion engine for the generation
of power to propel vehicles of any kind or character shall
be used exclusively for the purchase, construction and main-
tenance of roads, highways and bridges and rights-of-way
therefore or for payment of indebtedness and interest there-
on, incurred by the purchase, construction and maintenance
of roads, highways and bridges and rights-of-way therefore.
Nothing in this amendment shall preclude the reduction
or increase of said taxes, provided however, that nothing
herein shall disturb or affect the levy or use of the pro-
ceeds of Two Cents (2c) of said taxes as provided by Section












JOURNAL OF THE HOUSE



By Messrs. Melvin of Santa Rosa and Peacock of Jackson-
H. B. No. 37-A bill to be entitled An Act amending Section
562.11, Florida Statutes 1941, relating to selling or serving
intoxicating beverages to minors, by prohibiting the selling
or serving of alcoholic beverages to minors.
Which was read the first time by title and referred to
the Committee on Alcoholic Beverages.
By Messrs. Midyette and Carraway of Leon-
H. B. No. 38-A bill to be entitled An Act To Amend Section
657.06 Florida Statutes 1941, relating to Credit Union Reports
to Comptroller; Examinations; Fees; Revocation of Certificate
of Approval.
Which was read the first time by title and referred to
the Committee on Banks and Loans.
By Mr. Clark of Jackson-
H. B. No. 39-A bill to be entitled An Act to levy a tax of
ten per cent against all general admission charges to all places
of amusement and athletic events, with designated exceptions,
within the State of Florida; providing for the manner of pay-
ment of such tax; authorizing the State Comptroller to collect
the same; appropriating a percentage thereof for cost of ad-
ministration and appropriating the net collections in equal
parts, respectively, to the general school fund and the state
welfare fund; providing penalties for violations of this Act;
repealing all laws in conflict herewith; and providing for an
effective date of this Act.
Which was read the first time by title and referred to
the Committee on Finance and Taxation.
Mr. Crews moved that the rules be waived and that House
Bill No. 39 be jointly referred to the Committees on Public
Amusement and Finance and Taxation.
Which was so ordered.
By Mr. Melvin of Santa Rosa-
H. B. N. 40-A bill to be entitled An Act amending Sections
41.03 and 41.05 Florida Statutes 1941, relating-to the drawing
of jurors in County Judges' Courts, by providing that the num-
ber to be drawn shall not be less than eighteen nor more
than twenty-four.
Which was read the first time by title and referred to
the Committee on Judiciary "A".
By Messrs. Murray, L. W. Smith and R. C. Smith of Polk and
Stokes of Bay-
H. J. R. No. 41-A Joint Resolution proposing an Amend-&
ment to -Section 4 of Article III of the Constitution of Florida
Relating to Legislators, Qualifications, Salaries, etc.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment to Section 4 of Article III
of the Constitution of the State of Florida be and the same
is hereby agreed to and shall be submitted to the qualified
electors of the State of Florida for ratification or rejection
at the general election to be held in November, A. D. 1948:
That is to say that Section 4 of Article III of the Constitution
of the State of Florida shall be amended so as to read as
follows:
Section 4. Legislators, qualifications, salaries, etc.-Senators
and members of the House of Representatives shall be duly
qualified electors in the respective counties and districts for
which they were chosen. The pay of members of the Senate
and House of Representatives shall not exceed fifteen dollars
per day or twelve hundred dollars per annum, and mileage to
and from their homes to the seat of government, not to exceed
ten cents a mile each way by the nearest and most practical
route; provided the Legislature shall have the authority to
determine whether the compensation of its members shall be
under the per diem allowance or under the per annum allow-
ance, but they shall not receive both.
Which was read in full and referred to the Committee on



Constitutional Amendments.



E OF REPRESENTATIVES April 10, 1947

By Mr. Stokes of Bay-
H. B. No. 42-A bill to be entitled An Act amending Sections
239.01, 239.03, 239.04, 239.06, 239.09, 239.10, as amended by
Section 7, Chapter 22858, Laws of 1945, 239.11, 239.14, 239.19,
239.20, 239.22, 239.34, 239.40, 240.01, 240.04, 240.07, 240.10,
240.13, 241.03, 241.38, to 241.40, inclusive, Florida Statutes,
1941, and 1945 Supplement to Volume I, Florida Statutes, 1941,
relating to Institutions of Higher Learning and the Board of
Control, by providing that the Florida State College for Women
shall be known as The Florida State College and that the
University of Florida and the Florida State College shall be
co-educational and repealing Sections 241.04, 241.05, 241.05-1,
241.06 and 241.07.
Which was read the first time by title and referred to the
Committee on Education "A."
By Messrs. Luckie, Crews and Morgan of Duval-
H. B. No. 43-A bill to be entitled An Act to amend Section
Two of Chapter 7005, Laws of Florida, approved June 8, 1915,
entitled "An Act to create and establish a Juvenile Court in
and for Duval County, Florida; to confer its powers and define
its jurisdiction; to provide for the judge of said court and to
define his powers and duties, and to provide for the expense
of said court, and compensation of said judge," as amended
by Chapter 10493, Laws of Florida, approved May 28, 1925.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article HII
of the Constitution, has been established in this Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Mr. Simpson of Jefferson-
H. B. No. 44-A bill to be entitled An Act for the relief of
Mrs. Zimmerman Lewis for the death of her husband, Zimmer-
man Lewis, while employed as a supervisor in the State Bev-
erage Department of the State of Florida; providing for the
payment by the State Beverage Department of the State of
Florida of compensation due Mrs. Zimmerman Lewis for the
death of her husband. Zimmerman Lewis.

Which was read the first time by title and referred to the
Committee on Claims and State Pensions.
By Mr. Ingraham of DeSoto-
H. B. No. 45-A bill to be entitled An Act to amend Section
20, Chapter 20460, Laws of Florida, 1941, also denominated as
Section 914.20, Florida Statutes, 1941, relating to the scope of
inquiry allowed to be had in any proceeding for extradition
that have been presented to the Governor of the State of
Florida, so as to provide that when extradition is sought by
the Executive of another state of a person in the State of
Florida accused by the demanding state with having committed
an act in the State of Florida, intentionally resulting in a crime
in the demanding state, it shall be the duty of the Florida
court having jurisdiction of the accused person to upon Habeas
Corpus proceedings make due inquiry to determine whether or
not the accused person did commit an act in the State of
Florida intentionally resulting in a crime in the demanding
state.
Which was read the first time by title and referred to the
Committee on Judiciary "B."
By Messrs. Shepperd and Usina, of St. Johns-
H. B. No. 46-A bill to be entitled An Act repealing Sections
7 and 8, and amending Section 9 of Chapter 21,539, Laws of
Florida, Acts of 1941, known as the Permanent Registration
Act, for the City of St. Augustine, Florida.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that the



notice and evidence thereof required by Section 21 of Article III
of the Constitution, has been established in this Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.















By Messrs. Shepperd and Usina, of St. Johns-
H. B. No. 47-A bill to be entitled An Act to amend Chaiter
11,148, Laws of Florida, approved May 30, 1925, entitled, "An
Act to abolish the present municipality of the City of St.
Augustine, Florida, and to establish a municipality to be known
and designated as the City of St. Augustine, Florida, and to
prescribe, delegate, grant, broaden and define its powers, prop-
erty, privileges and jurisdiction," as amended by subsequent
legislation, by the granting and conferring of additional powers
and authority to the City of St. Augustine, to arrange for the
codification of the ordinances of said city.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article III
of the Constitution, has been established in this Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Mr. Morrow of Palm Beach-
H. B. No. 48-A bill to be entitled An Act to amend Section
95.11, Florida Statutes of 1941, relating to limitations upon
actions other than real actions.
Which was read the first time by title and referred to the
Committee on Judiciary "A."

By Messrs. Luckie, Crews and Morgan, of Duval-
H. B. No. 49-A bill to be entitled An Act affecting the gov-
ernment of the City of Jacksonville: creating a board of public
utilities, providing for the appointment of the members of the
board and prescribing its powers and duties and providing for
a referendum.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article III
of the Constitution, has been established in this Legislature.

And the above bill was read the first time by its title.
Mr. Luckie asked unanimous consent of the House to make
a motion to take up a bill out of its regular order.

Which was given.
Mr. Luckie moved that the rules be waived and that House
Bill No. 49 be read a second time by its title only.
Which was agreed to by a two-thirds vote and House Bill
No. 49 was read a second time by title.
Mr. Luckie moved that the rules be waived and that House
Bill No. 49 be read a third time in full and placed on its
passage.
Which was agreed to by two-thirds vote.

And House Bill No. 49 was read a third time in full.

When the vote was taken on the passage of House Bill No.
49, the result was:

Yeas-78.



Mr. Speaker
Akermian
Alexander
Baker
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burton
Camp
Carraway
Carter
Clark, C. L.



Crews
Davis
Dayton
Dekle
Dowda
Drummond
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hethcox
Hough
Howell



MacWilliam
Martin
McAlpin
McClure
McKendree
McKenzie
McMullen
Melvin
Midyette
Moore
Morrow
Murray
Odham
Oelkers
Peacock, J. T.



Schuh
Sellar
Shepperd
Simpson
Smith, J. S.
Smith, L. W.
Smith, R. C.
Stirling
Strayhorn
Tapper
Taylor
Usina
Walton
Williams, G. K.
Williams, JI. J.



49



Clark, M. C. Ingraham Peacock, J. R. Wilson
Clement Johnson Peeples Wotitzky
Cobb, Tyn Kelly Potter Yeomans
Cobb, T. T. Lantaff Rowell
Courtney Luckie Saunders
Nays-None.
So House Bill No. 49 passed, title as stated.
And the same was ordered certified to the Senate.
By Messrs. Gautier and Lantaff of Dade-
H. B. No. 50-A bill to be entitled An Act for the relief of
Violet D. Freeman, a resident of Dade County, Florida,
and providing an appropriation for injuries and damages
sustained by her by reason of the negligent operation of
a bridge by the State Road Department of the State of
Florida and providing for the payment of the same.
Which was read the first time by title and referred to
the Committees on Claims and State Pensions and Ap-
propriations.
By Mr. Wilson of Columbia-
H. B. No. 51-A bill to be entitled An Act to provide for
the cancellation and release of all State, Columbia County
and other tax liens upon certain lands assessed to J. I.
Carter, Emory Carter and J. M. Carter during the years
1936, 1937, and 1938; the same lying and being in Townships
1 and 2 North of Ranges 16, 17, and 18 East in Columbia
County, Florida.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article III
of the Constitution, has been established in this Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.

COMMITTEE REPORTS
April 10th, 1947
Mr. Morrow, Chairman of the Committee on Judiciary
"A", reported that the Committee had carefully considered
the following bill and recommends it do pass, as amended.
H. B. No. 7-A bill to be entitled An Act amending Sec-
tion 196.07, Florida Statutes 1941, and to provide that the
provisions thereof shall, after January 1st, 1948, be ap-
plicable to any deed executed pursuant to any tax fore-
closure or tax forfeiture to satisfy a tax lien and to any
deed executed by the State, county, municipality or other
subordinate taxing unit pursuant to any tax foreclosure,
tax forfeiture, or any other proceeding to satisfy a tax lien.
Amendment No. 1:
In Section 1, line 18, of the bill, strike out the words
"together with twenty-five per cent interest thereon for
the first year and eight per cent interest thereon for the
time after the first year" and insert the following in lieu
thereof; "together with eight per cent interest thereon per
annum from the date of the issuance of said tax deed."
R. 0. MORROW
Chairman.
And House Bill No. 7, as amended, contained in the above
report, together with Committee Amendment thereto, was
placed on the Calendar of Bills on second reading.
April 10th, 1947
Mr. Morrow, Chairman of the Committee on Judiciary
"A", reported that the Committee had carefully considered
the following bill and recommends it do pass.
H. B. No. 9-A bill to be entitled An Act relating to ap-
peals to the Supreme Court of Florida and providing that
misconception of remedy shall not constitute ground for
dismissal.
R. O. MORROW
Chairman.



April 10, 1947



JOURNAL OF THE HOUSE OF REPRESENTATIVES












JOURNAL OF THE HOUSE OF REPRESENTATIVES



April 10, 1947



And House Bill No. 9, contained in the above report,
was placed on the Calendar of Bills on second reading.

Mr. Simpson moved that the rules be waived and the
House do now adjourn to convene tomorrow morning at
10:00 A. M.

A roll call was demanded.
When the vote was taken on the motion by Mr. Simpson
to waive the rules and adjourn to meet tomorrow morning
at 10:00 A. M., the result was:
Yeas-61.
Mr. Speaker Dekle McKenzie Simpson
Akerman Dunn McMullen Smith, L. W.
Alexander Elliott Melvin Smith, M. B.
Barnhill Fuqua Merritt Smith, R. C.
Botts Gilmore Moore Stirling
Branch Hardin Morrow Stokes



Bronson
Brown
Bryant
Burton
Camp
Clement
Cobb, Tyn
Collins
Courtney
Dayton
Nays-15.
Burnsed
Carter
Cook
Crews



Hethcox
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
MacWilliam
Martin
McClure


Drummond
Gautier
Jenkins
Luckie



Murray
Odham
Oelkers
Peacock, J. T.
Peacock, J. R.
Potter
Rowell
Saunders
Schuh
Shepperd


McKendree
Morgan
Sellar
Smith, J. S.



Strayhorn
Tapper
Usina
Walton
Wilson
Wotitzky
Yeomans





Stewart
Williams, G. K.
Williams, )J. J.



The motion was agreed to by a two-thirds vote and the
House stood adjourned at 11:00 A. M. to meet tomorrow
morning at 10:00 A. M.



50















JOURNAL OF THE HOUSE OF REPRESENTATIVES


Friday, April 11, 1947



The House was called to order by the Speaker at 10 a. m.
The roll was called and the following members answered to
their names:



Mr. Speaker
Akerman
Alexander
Andrews
Baker
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, C. L.
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Courtney



Crews
Dayton
Dekle
Dowda
Dunn
Elliott
Floyd
Fuqua
Gilmore
Hardin
Hawkins
Hethcox
Hough
Howell
Ingraham
Jenkins
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin



McAlpin Shepperd
McClure Simpson
McKendree Smith, J. S.
McKenzie Smith, L. W.
McMullen Smith, M. B.
Melvin Smith, R. C.
Merritt Stewart
Midyette Stirling
Moore Stokes
Morgan Strayhorn
Morrow Tapper
Murray Taylor
Odham Usina
Oelkers Wainwright
Papy Walton
Peacock, J. T. Williams, G. K.
Peacock, J. R. Williams, J. J.
Peeples Wilson
Potter Wotitzky
Roberts Yeomans
Rowell
Schuh



A quorum present.
Prayer was offered by the Chaplain.
The Speaker announced that he had excused Messrs. Davis
of Gadsden, Home of Madison, Cook of Flagler, Carter of
Alachua, Drummond of Gilchrist, Saunders of St. Lucie, Sellar
of Lake, and Gautier of Dade, from attendance upon the
sessions for the remainder of the week.
The Speaker announced that he had placed Mr. Bernie C.
Papy of Monroe, on the Committee on Constitutional Amend-
ments.

The Journal of the House of Representatives for Thursday,
April 10, was corrected and as corrected was approved.
The Speaker announced that Dr. W. H. Gray and the faculty
of the Florida A. & M. College request the members of the
House, their wives and attaches, to attend the barbecue and
musical at the College Tuesday afternoon, April 15th, be-
ginning at 5:30 p. m.
Mr. Crews moved that the Chief Clerk be directed to tele-
graph Mrs. W. R. (Ma) Dorman, oldest attache in point of
service and for many sessions Bill Clerk of the House, express-
ing regret that illness prevented her attendance at this session
and extending sincere good wishes on her birthday.
Which was agreed to, and it was so ordered.
Mr. Clement moved that the prayer offered by the Chaplain
be spread upon the Journal each day.
Which was agreed to, and it was so ordered.
INTRODUCTION OF HOUSE BILLS AND JOINT
RESOLUTIONS
By Mr. Bronson of Osceola-
H. B. No. 52-A bill to be entitled An Act relating to the
confirmation and ratification of sales of real property hereto-
fore made by the County of Osceola in the State of Florida.

Proof of Publication Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.



And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Luckie and Morgan of Duval-
H. B. No. 53-A bill to be entitled An Act to make safer the
public roads and highways of the State of Florida by prohibit-
ing the running and roaming at large of domestic animals upon
the public roads and highways of the State of Florida; declar-
ing it unlawful for any person owning or having the custody
or control of any domestic animal to permit such animal to
run or roam at large upon a public road or highway and pro-
viding punishment for such persons who wilfully permit such
animals to run or roam at large in violation of this Act; mak-
ing such persons liable for damages caused by such animals at
large; and repealing all laws and parts of laws in conflict
herewith.
Which was read the first time by title and referred to the
Committee on Live Stock.
By Mr. Hethcox of Lake-
H. B. No. 54-A bill to be entitled An Act making it unlawful
to sell, give, serve or permit to be served liquors, wines or beers
containing more than one per cent of alcohol by weight to per-
sons under twenty-one years of age and prescribing penalties
therefore.
Which was read the first time by title and referred to the
Committee on Alcoholic Beverages.

By Mr. Luckie of Duval-
H. B. No. 55-A bill to be entitled An Act providing for the
abatement of actions and suits not prosecuted for one year;
providing for their reinstatement; prescribing the result of
failure to reinstate; and repealing Section 45.19, Florida
Statutes, 1941.
Which was read the first time by title and referred to the
Committee on Judiciary "B."
By Messrs. Schuh of Pinellas, Oelkers of Dade, Bryant of
Marion and Botts of Escambia-
H. B. No. 56-A bill to be entitled An Act prescribing alter-
native terms and conditions on which foreign unincorporated
joint stock associations for profit engaged in businesses other
than the banking, trust or insurance business, and having
written articles of association, capital stock divided into shares,
and a name including the word "company" or "association" or
"society", may transact business and acquire, hold and dispose
of property and sue and be sued in this State.

Which was read the first time by title and referred to the
Committee on Judiciary "B."
By Mr. Bronson of Osceola-
H. B. No. 57-A bill to be entitled An Act relating to the
sale or exchange of real property of the County of Osceola, in
the State of Florida.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Mr. Simpson of Jefferson-
H. B. No. 58-A bill to be entitled An Act amending Section
1 and 2, Chapter 21777, Laws of Florida, Acts of 1943, relating
to, the prohibition of the establishment or organization of fra-



51












52 JOURNAL OF THE HOU


ternities, sororities or other secret societies in public schools,
and to membership therein.
Which was read the first time by title and referred to the
Committee on Education "A."
By Messrs. Martin and Branch of Hillsborough-
H. B. No. 59-A bill to be entitled An Act providing an
emergency appropriation for the State Welfare Board to be
made immediately available to provide aid to dependent chil-
dren under the present program now provided by law, and
appropriating therefore, the sum of $400,000.00 from the Gen-
eral Fund and repealing all laws in conflict.
Which was read the first time by title and referred to the
Committee on Appropriations.
By Mr. Simpson of Jefferson-
H. B. No. 60-A bill to be entitled An Act relating to the
adoption of minors, and amending Sections 72.11, 72.14, 72.15,
and 72.24, Florida Statutes of 1941.
Which was read the first time by title and referred to the
Committee on Judiciary "A."
By Mr. Peeples of Glades-
H. B. No. 61-A bill to be entitled An Act prohibiting live
stock from roaming at large in the farming area near Bare
Beach in the County of Glades in the State of Florida, and
prescribing penalties for the violation thereof, and further
providing for recovery from such owner for any damages sus-
tained by any person, or persons, or corporation by reason of
such stock roaming at large within said territory.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Mr. Crews of Duval-
H. J. R. No. 62-A Joint Resolution proposing an amend-
ment to Article 8 of the Constitution of the State of Florida
by adding threto an additional section to provide that no
territory shall be annexed to any municipality until the
people of the territory proposed to be annexed shall have
consented to such annexation by a majority voting on a
Referendum called for that purpose.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA.
That the following amendment to Article 8 of the Con-
stitution of the State of Florida, by adding thereto an addi-
tional section to be known as Section 14, be and the same
is hereby agreed to and shall be submitted to the electors
of the State of Florida for ratification or rejection at the
general election to be held on the first Tuesday after the
first Monday in November, 1948, as follows:
"Section 14: No. territory shall be annexed to any munici-
pality until the people of the territory proposed to be an-
nexed shall have consented to such annexation by a majority
vote on a referendum called for that purpose."
Which was read in full and referred to the Committee on
Constitutional Amendments.
By Mr. Martin of Hillsborough-
H. B. No. 63-A bill to be entitled An Act relating to the
practice of law by duly certified attorneys at law, before
boards, bureaus and commission of the State of Florida.
Which was read the first time by title and referred to the
Committee on Judiciary "A".



S



By Mr. Elliott of Palm Beach-
H. B. No. 64-A bill to be entitled An Act relating to East
Shore Drainage District, a drainage district organized and



;E OF REPRESENTATIVES April 11, 1947


existing under the Laws of Florida, and embracing lands
within Palm Beach County, amending Section Eight (8) of
Chapter 20694, Laws of Florida, Acts of 1941, relating to the
levy of taxes upon the lands within East Shore Drainage
District.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Mr. Elliott of Palm Beach-
H. B. No. 65-A bill to be entitled An Act relating to
South Florida Conservancy District, a drainage district or-
ganized and existing under the Laws of Florida, and em-
bracing lands within Hendry and Palm Beach Counties,
Florida: Re-amending Section 8 of Chapter 17258, Laws
of Florida, Acts of 1935 (being the Enabling Act amending,
revising and/or re-enacting the Act creating the South Flor-
ida Conservancy District) as amended by Section 6 of Chap-
ter 20477, Laws of Florida, Acts of 1941 so as to authorize,
empower and direct the Board of Supervisors of said dis-
trict to levy and impose upon the lands in said district a
"maintenance tax" of not to exceed $4.00 per acre per an-
num for the years 1947 and 1948, and annually thereafter
at the rate of $2.50 per acre, covering lands lying in Palm
Beach and Hendry Counties, Florida: and for other pur-
poses.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was referred to the Committee on Canals and Drainage.
By Messrs. Martin, Branch and McMullen of Hillsborough,
and Clement of Pinellas-
H. J. R. No. 66-A Joint Resolution proposing an Amend-
ment to Article V of the Constitution of Florida, relating to
the Judicial Department by Adding thereto a Section re-
lating to the Retirement of Judges of the Supreme and Cir-
cuit Courts.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment to Article V of the Con-
stitution of Florida, by adding a Section to be known as
Section 46 of said Article V, is hereby agreed to and shall
be submitted to the electors of the State of Florida for
ratification or rejection at the next General Election to be
held in 1949, as follows:
Section 46: Justices of the Supreme Court and Judges
of the Circuit Courts, eligible to retire with compensation,
may instead of resigning elect to retire, in which case they
shall be qualified to continue to.perform all of the functions
of their respective offices when called upon by the Chief
Justice, if it be a Supreme Court Justice, or by the Senior
Circuit Judge of his Circuit, if it be a Judge of the Circuit
Court. They shall severally receive the same retirement
compensation as if they had resigned. Upon assignment
by the Governor to any other Circuit such retired Circuit
Judge shall have the same jurisdiction and powers as other
Circuit Judges. No such retired Justice or Judge shall be
required to perform. duties without his consent. Call to
duty may be by special or general revocable order.
Which was read the first time in full and referred to the
Committee on Constitutional Amendments.



By Mr. Elliott of Palm Beach-
H. B. No. 67-A bill to be entitled An Act relating to East
Beach Drainage District, a drainage district organized and
existing under the Laws of the State of Florida, and em-















bracing lands within Palm Beach County, amending Chap-
ter 22877 Laws of Florida Acts of 1945, relating to the levy
of maintenance tax upon the lands within said East Beach
Drainage District.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Mr. Elliott of Palm Beach-
H. B. No. 68-A bill to be entitled An Act relating to
Pahokee Drainage District, a drainage district organized and
existing under the Laws of Florida, and embracing lands
within Palm Beach County, amending Section Six (6) of
Chapter 13715, Laws of Florida, Acts of 1929, as amended
by Chapter 18042, Laws of Florida, Acts of 1937, as amended
by Chapter 20652, Laws of Florida, Acts of 1941, relating
to the levy of maintenance taxes upon the lands within
Pahokee Drainage District.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. McMullen, Branch and Martin of Hillsborough,
Cobb of Volusia, Wilson of Columbia, Schuh and Clement of
Pinellas, Tapper of Gulf, Morgan of Duval, M. B. Smith of
Seminole, Stokes of Bay, Usina of St. Johns, Elliott and Morrow
of Palm Beach, Simpson of Jefferson, Cobb of Orange, Shep-
perd of St. Johns, Collins and Peacock of Sarasota, MacWilliam
of Indian River, and Floyd of Franklin-
"H. B. No. 69-A bill to be entitled An Act relating to
proof of financial responsibility by owners and operators
of motor vehicles: prescribing the duties, powers and au-
thority of the insurance commissioner: providing for the
suspension and revocation of licenses and motor vehicle
registration and providing for other matters in connection
with the financial responsibility of owners and operators
of motor vehicles and providing penalties for violation of
the sections of this Act.
Which was read the first time by title and referred to the
Committee on Insurance.
By Mr. Morrow of Palm Beach-
H. B. No. 70-A bill to be entitled An Act to repeal Chap-
ter 23138, Laws of Florida, 1945 (the same being Sections
771.01 through 771.08, 1945 Cumulative Supplement, Flor-
ida Statutes, 1941) being "An Act declaring and carrying
into effect the public policy of the State of Florida with
respect to causes of actions for alienation of affections,
criminal conversation, seduction, and breach of contract
to marry, actions thereon, contracts with respect thereto
and acts and proceedings in connection therewith; and pro-
viding a penalty for violation thereof."
Which was read the first time by title and referred to the
Committee on Judiciary "A."
By Messrs. Elliott of Palm Beach, Morgan of Duval, Hethcox
of Lake, Lantaff of Dade, Burton of Brevard, Hough of Lee,
Midyette of Leon, Wainwright of Bradford and McAlpin of
Hamilton-
H. B. No. 71-A bill to be entitled An. Act requiring estab-
lishment of kindergarten classes in the public schools under
certain conditions.
Which was read the first time by title and referred to the
Committee on Education "B."
Mr. Stokes moved that the rules be waived and when the
House adjourn, that it adjourn to reconvene at 4:00 P. M.
Monday, April 14.
Mr. Simpson moved that the motion of Mr. Stokes be laid
upon the table.



Which was agreed to, and the motion was laid upon the
table.
Mr. Simpson moved that the rules be waived and that when
the House do adjourn, it adjourn to reconvene at 12:00 noon,
Monday, April 14.
Pending consideration thereof-
Mr. Clement offered a substitute motion that the rules be
waived and when the House adjourn, it adjourn to reconvene
at 1:00 P. M., Monday.
Mr. Simpson moved to lay the substitute motion on the
table.
Which was agreed to, and the substitute motion was laid
on the table.
The question then recurred on the motion by Mr. Simpson
that the rules be waived and when the House adjourn, it
adjourn to reconvene at 12:00 noon, Monday.
Which was agreed to by a two-thirds vote.
MESSAGE FROM THE SENATE
The following message from the Senate was received and
read:
SENATE CHAMBER
Tallahassee, Florida, April 1, 1947.
Honorable Thos. D. Beasley,
Speaker of the House of Representatives.
Sir-
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has adopted-
By Senators Collins, Sturgis and Davis-
Senate Concurrent Resolution No. 3:
A resolution inviting the Honorable Claude Pepper and the
Honorable Spessard L. Holland, United States senators from
Florida, to address a joint session of the Florida Legislature. *
WHEREAS, the Honorable Claude Pepper and the Honorable
Spessard L. Holland will visit in the State Capital on Thursday,
April 17, 1947, and the membership of the Florida Legislature
would like to hear such messages as they may bring on the
occasion of said visit, therefore
BE IT RESOLVED BY THE SENATE OF THE STATE OF
FLORIDA, THE HOUSE OF REPRESENTATIVES CON-
CURRING:
THAT the Honorable Claude Pepper and the Honorable
Spessard L. Holland, United States Senators from Florida, be
and they are hereby invited to address a joint session of the
Florida Legislature to be convened at 3:00 o'clock P. M. on
Thursday the 17th day of April 1947, in the Hall of the House
of Representatives.
And respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
Which was read in full.
Mr. Midyette moved that the rules be waived and Senate
Concurrent Resolution No. 3 be read the second time in full.
Pending consideration thereof-
Mr. Martin moved that the rules be waived and Senate Con-
current Resolution No. 3 be referred to the Committee on
Resolutions.
Mr. Collins moved that the motion to refer Senate Con-
current Resolution No. 3 to the Committee on Resolutions be
laid on the table.
Which was agreed to, and Mr. Martin's motion was laid on
the table.
The question then recurred on the motion by Mr. Midyette



April 11, 1947



JOURNAL OF THE HOUSE OF REPRESENTATIVES
















to waive the rules and read Senate Concurrent Resolution No. 3
the second time in full.
Which was agreed to by a two-third vote.
And Senate Concurrent Resolution No. 3 was read the second
time in full.
Mr. Midyette moved the adoption of the Concurrent Resolu-
tion.
Which was agreed to.
And Senate Concurrent Resolution No. 3 was adopted and
the the same was ordered certified to the Senate.
CONSIDERATION OF HOUSE BILLS OF A GENERAL
NATURE ON SECOND READING
H. B. No. 7-A bill to be entitled An Act amending Sec-
tion 196.07, Florida Statutes 1941, and to provide that the
provisions thereof shall, after January 1st, 1948, be ap-
plicable to any deed executed pursuant to any tax fore-
closure or tax forfeiture to satisfy a tax lien and to any
deed executed by the State, county, municipality or other
subordinate taxing unit pursuant to any tax foreclosure,
tax forfeiture, or any other proceeding to satisfy a tax lien.
Was taken up.
Mr. Luckie moved the rules be waived and House Bill No. 7
be read a second time by title.
Which was agreed to by a two-thirds vote.
And House Bill No. 7 was read a second time by title.
Amendment No. 1:
The Committee on Judiciary "A" offered the following
amendment to House Bill No. 7:
In Section 1, line 18, of the bill, strike out the words "together
with twenty-five per cent interest thereon for the first year
and eight per cent interest thereon for the time after the first
year" and insert the following in lieu thereof: "together with
eight per cent interest thereon per annum from the date of
the issuance of said tax deed."
SMr. Morrow moved the adoption of the amendment.
The motion was agreed to, and the amendment was adopted.
Mr. Luckie moved that the rules be further waived and House
Bill No. 7, as amended, be read a third time in full and placed
upon its passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 7, as amended, was read the third time
in full.
When the vote was taken on the passage of the bill the result
was:
Yeas-80.



Akerman
Alexander
Andrews
Baker
Barnhill
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, C. L.
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Courtney
Nays-None.



Crews
Dayton
Dekle
Dowda
Dunn
Elliott
Fuqua
Gilmore
Hardin
Hethcox
Hough
Howell
Ingraham
Jenkins
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin



McClure Smith, J. S.
McKendree Smith, L. W.
McKenzie Smith, M. B.
McMullen Smith, R. C.
Melvin Stirling
Midyette Stokes
Moore Strayhorn
Morgan Tapper
Morrow Taylor
Murray Usina
Odham Wainwright
Oelkers Walton
Papy Williams, G. K.
Peacock, J. T. Williams, U. J.
Peacock, J. R. Wilson
Peeples Wotitzky
Potter Yeomans
Rowell
Schuh
Shepperd
Simpson



April 11, 1947



So House Bill No. 7 passed, as amended.
And the same was ordered referred to the Committee on
Engrossed Bills.
And-
H. B. No. 9-A bill to be entitled An Act relating to ap-
peals to the Supreme Court of Florida and providing that
misconception of remedy shall not constitute ground for
dismissal.
Was taken up.
Mi. Luckie moved the rules be waived and House Bill
No. 9 be read a second time by title.
Which was agreed to by a two-thirds vote.
And House Bill No. 9 was read a second time by title.
Mr. Luckie moved the rules be further waived and House
Bill No. 9 be read a third time in full and placed upon its
passage.
Which was agreed to by a two-third vote.
And House Bill No. 9 was read a third time in full.



When the v(
result was:
Yeas-80.
Mr. Speaker
Akerman
Alexander
Andrews
Baker
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, C. L.
Clark, M. C.
Clement
Cobb, Tyn
Cob1b, T. T.
Nays-None.



ote was taken on the passage of the bill the



Collins
Courtney
Crews
Dayton
Dekle
Dowda
Dunn
Elliott
Fuqua
Gilmore
Hardin
Hethcox
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam



Martin Schuh
McAlpin Shepperd
McClure Simpson
McKendree Smith, J. S.
McKenzie Smith, L. W.
McMullen Smith, M. B.
Melvin Smith, R. C.
Merritt Stewart
Midyette Stirling
Moore Stokes
Morgan Strayhorn
Morrow Tapper
Odham Taylor
Oelkers Usina
Papy Wainwright
Peacock, J. T. Walton
Peacock, J. R. Williams, J. J.
Peeples Wilson
Potter Wotitzky
Rowell Yeomans



So House Bill No. 9 passed, title as stated.
And the same was ordered certified to the Senate.
Mr. Bryant moved that the rules be waived and the
House revert to the order of Introduction of House Bills
and Joint Resolutions.
Which was agreed to by a two-thirds vote, and it was
so ordered.
INTRODUCTION OF HOUSE BILLS AND JOINT
RESOLUTIONS
By Messrs. Bryant and Camp of Marion, Gautier and Lantaff
of Dade, Peacock of Jackson, Peacock of Sarasota, Brown of
Sumter, Baker of Liberty, Smith of Clay, Botts of Escambia,
Tapper of Gulf, and Floyd of Franklin.
H. J. R. No. 72-A Joint Resolution proposing the amend-
ment of Section 1 of Article VI, of the Constitution of the
State of Florida, relating to the qualifications for voting:
naturalized citizens.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Section 1, Article VI,
of the Constitution of the State of Florida, relating to the
qualifications for voting; naturalized citizens, shall be sub-
mitted to the electors of the State of Florida for ratifica-
tion or rejection at the next general election to be held in



JOURNAL OF THE HOUSE OF REPRESENTATIVES















November, A. D. 1948; that is to say, that Section I, Article
VI, of the Constitution of the State of Florida, shall be
amended, and as amended, shall read as follows:
1. Qualifications for voting; naturalized citizens.
Section 1. Every person of the age of eighteen years
and upwards that shall, at the time of registration, be a
citizen of the United States, and that shall have resided
and had his habitation, domicile, home and place of per-
manent abode in Florida for one year and in the county
for six months, shall in such county be deemed a qualified
elector at all elections under this Constitution. Naturalized
citizens of the United States at the time of and before regis-
tration shall produce to the registration officers his cer-
tificate of naturalization or a duly certified copy thereof.
Which was read in full and referred to the Committee on
Constitutional Amendments.
By Messrs. Collins and Peacock of Sarasota and L. W. Smith
of Polk-
H. B. No. 73-A bill to be entitled An Act restoring full
civil rights to James A. Haley.
Which was read the first time by title.
Mr. Collins asked unanimous consent of the House to now
take up House Bill No. 73.
Which was given.
Mr. Collins moved that the rules be waived and House
Bill No. 73 be read a second time by its title.
Which was agreed to by a two-thirds vote.
And House Bill No. 73 was read a second time by its
title.
Mr. Collins moved that the rules be further waived and
that House Bill No. 73 be read a third time in full and
placed upon its passage.
Which was agreed to by a two-third vote.



And House Bill No. 73 was
When the vote was taken
No. 73 the result was:



Yeas-81.
Mr. Speaker
Akermran
Alexander
Andrews
Baker
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Courtney
Nays-None.



Crews
Dayton
Dekle
Dowda
Dunn
Elliott
Fuqua
Gilmore
Hardin
Hethcox
Hough
Howell
Ingraham
Jenkins
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin



read a third time in full.
on the passage of House Bill



McClure Smith, J. S.
McKendree Smith, L. W.
McKenzie Smith, M. B.
McMullen Smith, R. C.
Melvin Stewart
Midyette Stirling
Moore Stokes
Morgan Strayhorn
Morrow Tapper
Murray Taylor
Odham Usina
Oelkers Wainwright
Papy Walton
Peacock, J. T. Williams, G. K.
Peacock, J. R. Williams, J. J.
Peeples Wilson
Potter Wotitzky
Rowell Yeomans
Schuh
Shepperd
Simpson



55



So House Bill No. 73 passed, title as stated.
And the same was ordered certified to the Senate.
By Messrs. Clement, McClure and Schuh of Pinellas-
H. B. No. 74-A bill to be entitled An Act to amend Sec-
tion 192.45 of Florida Statutes, 1941, to provide that the
State of Florida, through Trustees of Internal Improvement
Fund, shall be empowered, authorized and directed to con-
vey all lands title to which vested in the State of Florida
pursuant to Chapter 18296, Acts of 1937, situate, lying and
being in a municipality of the State of Florida to the
municipality without any reservations or restrictions being
contained in such conveyance, upon application therefore being
made to the Trustees of the Internal Improvement Fund
by the municipality and upon payment of one dollar for
each and every parcel of land so conveyed; providing that
said lands shall be exempt from county ad valorem taxes:
and authorizing municipality to sell, lease, rent or other-
wise dispose of such lands and use the proceeds there-
from for any municipal purpose.
Which was read the first time by title and referred to
the Committee on Finance and Taxation.
By Messrs. Simpson of Jefferson, MacWilliam of Indian
River, Oelkers, Gautier and Lantaff of Dade, Fuqua of Man-
atee, Strayhorn of Lee, Ingraham of DeSoto, Stewart of Hendry,
Hendry of Okeechobee, Stirling and Walton of Broward, Hough
of Lee, Collins and Peacock of Sarasota, Floyd of Franklin,
Elliott and Morrow of Palm Beach, McMullen, Martin and
Branch of Hillsborough, Taylor of Hardee, Wotitzky of Char-
lotte, Shepperd and Usina of St. Johns, Kelly of Collier,
Saunders of St. Lucie, Wilson of Columbia, Cobb and Akerman
of Orange, Roberts and Burton of Brevard, Cook of Flagler,
Hardin of Manatee, Luckie and Crews of Duval, Sellar and
Hethcox of Lake, Burnsed of Baker, Andrews of Union, Wil-
liams of Holmes, Tapper of Gulf, Carter of Alachua, Gilmore
of Suwannee, Bryant of Marion, Smith and Odham of Seminole,
Carraway and Midyette of Leon, Clements and Schuh of
Pinellas-
H. B. No. 75-A bill to be entitled An Act appropriating
two million dollars ($2,000,000.00) from the General Revenue
Fund of the State of Florida for providing the State of
Florida with a fund in such amount to be transferred by
the State of Florida (by warrant upon requisition therefore
by the Governor of the State of Florida) to the United
States of America for use by the United States of America
or the National Park Service thereof in paying for the
acquisition of privately owned and other lands and interests
within the Everglades National Park area by the United
States of America or the National Park Service thereof, and
in paying for the costs and expenses required in connection
with such acquisition; and repealing all laws and parts
of laws in conflict herewith.
Which was read the first time by title and referred to the
Committee on Appropriations.
Mr. Crews asked permission of the House to introduce
the girls of the Ninth Grade of Lake Shore School in Jack-
sonville, and their teacher, Miss Wainwright.
Which was given, and Miss Wainwright and her class were
asked to stand and be recognized.
Mr. Stokes moved that the rules be waived and the House
do now adjourn.
Which was agreed to by a two-thirds vote.
Thereupon at the hour of 11:13 A. M., the House stood
adjourned until 12:00 Noon Monday.



April 11, 1947



JOURNAL OF THE HOUSE OF REPRESENTATIVES















JOURNAL OF THE HOUSE OF REPRESENTATIVES


Monday, April 14, 1947



The House was called to order by the Speaker at 12:00
Noon.



The roll was called and
to their names:
Mr. Speaker Crews
Akerman Davis
Alexander Dayton
Andrews Dekle
Barnhill Dowda
Botts Drummond
Branch Dunn
Bronson Elliott
Brown Floyd
Bryant Fuqua
Burnsed Gautier
Burton Gilmore
Camp Hardin
Carraway Hawkins
Carter Hendry
Clark, C. L. Hethcox
Clark, M. C. Horne
Clement Hough
Cobb, Tyn Howell
Cobb, T. T. Ingraham
Collins Jenkins
Cook Johnson
Courtney Kelly

A quorum present.
The following prayer was
chaplain:



the following members answered



Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure
McKendree
McMullen
Melvin
Merritt
Midyette
Moore
Morgan
Morrow
Murray
Odham
Oelkers
Papy
Peacock, J. T.
Peacock, J. R.
Peeples
Potter
Roberts



Rowell
Saunders
Schuh
Sellar
Shepperd
Simpson
Smith, J. S.
Smith, L. W.
Smith, M. B.
Smith, R. C.
Stewart
Stirling
Stokes
Strayhorn
Tapper
Taylor
Usina
Walton
Williams, G. K.
Williams, iJ. J.
Wilson
Wotitzky
Yeomans



offered by the Reverend Hunter,



Our Heavenly Father, our supreme Guide, thou hast a
purpose for the world and every individual in it. Thou hast
taught us to love Thee and our neighbors so we might live
together as brothers in peace and mutual helpfulness.
We have come again into the meeting of the House of
Representatives. May we receive inspiration from Thee. Help
us to be able to renew our hopes and promises to do Thy will.
May we be ready to do our work this day in full agreement
with Thy plans for the upward march of all mankind.
Help us to keep our lives noble, our ideals high, and our
motives pure, that we may please God in all things. For
Jesus sake-Amen.
The Speaker announced that he had excused Messrs. Mc-
Kenzie of Levy, Baker of Liberty, and Wainwright of Brad-
ford from attendance upon the session for today.
The Speaker announced that he had excused Mr. Crews
from attendance upon the session for Tuesday.
The Speaker announced that Mrs. Katherine H. Carter
of DeLand had been appointed Supervisor of the Engrossing
Room.
The reading of the Journal was dispensed with.
The Journal for Friday, April 11, was corrected as follows:
On Page 3, column 1, line 13 counting from the bottom of
the page, after the words "By Messrs." insert the ofllowing:
"Elliott of Palm Beach,"
The Journal for April 11 was corrected and, as corrected,
was approved.
The following members requested that their names be
added as co-introducers to House Bill No. 75:
Messrs. Stewart of Hendry, Hendry of Okeechobee, Stirling
and Walton of Broward, Hough of Lee, Collins and Peacock
of Sarasota, Floyd of Franklin, Morrow of Palm Beach, Mc-



Mullen, Martin, and Branch of Hillsborough, Taylor of Har-
dee, Wotitzky of Charlotte, Shepperd and Usina of St. Johns,
Kelly of Collier, Saunders of St. Lucie, Wilson of Columbia,
Cobb of Orange, Roberts and Burton of Brevard, Cook of
Flagler, Hardin of Manatee, Luckie and Crews of Duval,
Sellar and Hethcox of Lake, Akerman of Orange, Burnsed of
Baker, Andrews of Union, Williams of Holmes, Tapper of
Gulf, Carter of Alachua, Gilmore of Suwannee, Bryant of
Marion, Smith and Odham of Seminole, Carraway and Mid-
yette of Leon, Clements and Schuh of Pinellas.
Mr. Martin asked unanimous consent of the House to with-
draw House Bills Nos. 15 to 21 inclusive, which are local bills,
for the purpose of attaching corrected affidavits to these bills.
Without objection, it was so ordered.
INTRODUCTION OF HOUSE BILLS AND
JOINT RESOLUTIONS
By Messrs. Dunn of Dixie, Ingraham of DeSoto, Dekle of
Taylor, Williams of Holmes-
H. B. No. 76-A bill to be entitled An Act relating to Old
Age Assistance, and amending Section 409.16, Florida Statutes
of 1941.
Which was read the first time by title and referred to the
Committee on Social Welfare.
By Mr. Hardin of Manatee-
H. B. No. 77-A bill to be entitled An Act providing a
system of community property ownership by husband and
wife, defining said system, and providing for its application
and operation.
Which was read the first time by title and referred to the
Committee on Judiciary "A".
By Mr. Morrow of Palm Beach-
H. B. No. 78-A bill to be entitled An Act amending Sec-
tion 732.44, Florida Statutes, 1941, as amended by Section
2, Chapter 22783, Laws of Florida, Acts of 1945, relating
to the preference in appointment of administrator.
Which was read the first time by title and referred to the
Committee on Judiciary "A".
By Messrs. Shepperd and Usina, of St. Johns.
H. B. No. 79-A bill to be entitled An Act prohibiting and
making it unlawful for horses, asses, mules, cattle, swine,
sheep, goats and other grazing animals to run or roam at
large within St. Johns County, Florida: Providing for im-
pounding of live stock found running or roaming at large
in violation of this act: Providing impounding fees and for
the collection thereof: Providing for the sale or other dis-
position of impounded live stock: Making it a misdemeanor
to allow such live stock to run or roam at large in viola-
tion of this Act: And making the owner who permits live
stock to run or roam at large in violation of this Act liable
for damages for all injuries caused, not exceeding the sum
of $1,000.00, by such live stock while running or roaming
at large in violation of this Act, and providing a lien there-
for, and making it the duty of the Board of County Com-
missioners of St. Johns County, Florida to construct fences
along the boundary lines of said county which do not have
natural barriers, unless the adjoining county shall likewise
prohibit live stock from running or roaming at large, and
making it the duty of the State Road Department of Florida
to construct suitable cattle guards on the boundary lines
of said county wherever any State road crosses the boundary
line of an adjoining county, which does not prohibit live
stock from running or roaming at large: And providing
that this Act shall take effect on January 1st, 1949, in the
event this Act is approved by a majority of the electors



56















voting for same at a special election to be called in St. Johns
County, Florida for such purpose.
The above bill was read the first time by its title and was
ordered placed on the Calendar of Local Bills.
By Mr. Floyd of Franklin-
H. B. No. 80-A bill to be entitled An Act to Declare,
Establish and Designate a Certain State Road in Franklin
County, Florida.
Which was read the first time by title and referred to the
Committee on Public Roads.
By Mr. Williams of Holmes-
H. B. No. 81-A bill to be entitled An Act to empower
the Board of County Commissioners of Holmes County, Flor-
ida, to execute releases or Quit-Claim deeds to certain lands
in said county, erroneously foreclosed, November 4, 1944,
for delinquent taxes, under the provisions of Chapter 22079,
Laws of Florida, Acts of 1943.
Which was read the first time by title and referred to the
Committee on Judiciary "B".
By Mr. Simpson of Jefferson-
H. B. No. 82-A bill to be entitled An Act in reference
to the exchange of land held by the Trustees of the In-
ternal Improvement Fund; in reference to reservations of
oil, gas, phosphate, and other minerals; in reference to con-
veyance of land to the United States by said Trustees and
to retaining the right of certain royalties therein.
Which was read the first time by title and referred to the
Committee on Judiciary "B".
By Messrs. Jenkins of Alachua, Collins of Sarasota and
Elliott of Palm Beach-
H. B. No. 83-A bill to be entitled An Act authorizing
and providing for the issuance of certificates of titles on
motor vehicles upon transfer of ownership by operation of
law and in other cases; empowering motor vehicle commis-
sioner to determine proof of ownership and right of posses-
sion; and providing that this Act shall not repeal any other
law or part of law but shall be supplemental thereto.
Which was read the first time by title and referred to
the Committee on Motor Vehicles and Carriers.
By Messrs. Jenkins of Alachua, Collins of Sarasota and
Elliott of Palm Beach-
H. B. No. 84-A bill to be entitled An Act relating to
certificates of titles on motor vehicles; providing for is-
suance by motor vehicle commissioner; requiring the de-
livery and assignment of certificates of title on sale of
motor vehicles, and acquisition of certificates by purchases
of motor vehicles; providing for recognition of titles to motor
vehicles only in cases where evidenced by duly issued cer-
tificate of title; designating method and manner of issuance
of certificates of title; providing that all enforceable liens
and encumbrances appear on face of certificate and that
certificate be held by first lien holder until satisfaction of
lien; providing method of noting and satisfying liens on
certificates; authorizing and empowering motor vehicle com-
missioner to adopt rules and regulations and prescribe and
furnish forms for administration of this Act; authorizing
cancellation of certificates under certain circumstances;
authorizing motor vehicle commissioner to prepare and furn-
ish information concerning titles for certain fees; provid-
ing that all law enforcing officers furnish information to
motor vehicle commissioner relative to stolen motor vehicles
and requiring commissioner to keep index of stolen and
recovered vehicles and publication and circulation of such
information; providing that Sections 28.22 and 319.15 Flor-
ida Statutes 1941 shall not apply after effective date of
this Act, except in cases of liens existing on effective date
of this Act; providing priority of liens and method of trans-
fer of ownership in certain cases, and proof required for
issuance of new certificate in such cases; providing for



memorandum certificates; designating fees to be charged
by motor vehicle commissioner for services under this act;



repealing sections 319.01; 319.02; 319.03; 319.04; 319.05;
319.06; 319.07; 319.09; 319.10; 319.11; 319.12; 319.13 Florida
Statutes 1941, and all other laws in conflict and designating
effective date of this Act.
Which was read the first time by title and referred to
the Committee on Motor Vehicles and Carriers.
By Messrs. Cobb of Orange, Melvin of Santa Rosa, Rowell
of Martin, Collins and Peacock of Sarasota, Hardin and
Fuqua of Manatee, Ingraham of DeSoto, Potter of Wash-
ington, Saunders of St. Lucie, Cook of Flagler, Hawkins of
Volusia, McAlpin of Hamilton, McClure of Pinellas, Hough
of Lee, Davis of Gadsden, Wilson of Columbia, Morrow of
Palm Beach, Jenkins of Alachua, Sellar and Hethcox of
Lake, Burton of Brevard, Hendry of Okeechobee, Stirling
and Walton of Broward, Gilmore of Suwannee, McKendree
of Nassau, Dowda of Putnam, Kelly of Collier, Williams of
Hernando, Dayton of Pasco, Howell of Lafayette, Dunn of
Dixie, Yeomans of Citrus, Dekle of Taylor, Stokes of Bay,
Burnsed of Baker, Barnhill of Okaloosa, Williams of Holmes,
Simpson of Jefferson, Midyette and Carraway of Leon,
Drummond of Gilchrist, Smith and Odham of Seminole,
Camp of Marion, Smith of Clay, Taylor of Hardee and
Stewart of Hendry.
H. B. No. 85-A bill to be entitled An Act to prevent
interruption or suspensions in the operation of certain
public utilities because of or as a result of labor disputes,
and to that end to declare it to be the public policy of the
state that the functioning and operation of such utilities
is clothed with a public interest and is essential to the health,
safety and welfare of the citizens of Florida; to prohibit
lockouts, strikes and work stoppages in such public utilities
except under prescribed conditions; to authorize the governor
to take possession of and operate on behalf of the state public
utilities threatened with lockouts, strikes or work stoppages,
and to prescribe the terms and conditions of such taking
possession of and operation, and the power, authority and
duty of the governor with respect thereto; to provide how
any such utility may be returned to private management
and control; to declare certain acts unlawful; and to im-
pose penalties.
Which was read the first time by title and referred to the
Committee on Labor.
Mr. Cobb of Orange moved that 250 copies of House Bill
No. 85 be printed.
Which was agreed to, and it was so ordered.
By Mr. Morrow of Palm Beach-
H. B. No. 86-A bill to be entitled An Act to provide when
the courts of this state shall take judicial notice of the
common or statute law of any state, territory or other juris-
diction of the United States and making provision for the
introduction of any admissible evidence thereof.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Mr. McMullen of Hillsborough-
H. B. No. 87-A bill to be entitled an Act to amend Sections
322.08, 322.14, 322.18 and 322.21, Florida Statutes, 1941, re-
lating to application for, issuance of, expiration and renewal
of, and fees to be paid for motor vehicle drivers' licenses,
and machinery for handling and collecting the same.
Which was read the first time by title and referred to
the Committee on Judiciary "B".
By Mr. Bronson of Osceola-
H. B. No. 88-A bill to be entitled An Act to repeal Sections
578.05, 578.06, and 578.07, Florida Statutes, 1941, relating to
the inspection and certification of seed potatoes, agricultural
and vegetable seeds.
Which was read the first time by title and referred to
the Committee on Agriculture.
By Mr. Bronson of Osceola-
H. B. No. 89-A bill to be entitled An Act authorizing the



April 14, 1947



JOURNAL OF THE HOUSE OF REPRESENTATIVES













58



JOURNAL OF THE HOUSE OF REPRESENTATIVES



State Agricultural Marketing Board of Florida to sell, ex-
change, convey or otherwise dispose of any land, real property
or personal property owned or held by said Board when not
needed for the purposes for which the said Board was created.
Which was read the first time by title and referred to the
Committee on Agriculture.
By Mr. Bronson of Osceola-
H. B. No. 90-A bill to be entitled An Act to amend Sec-
tions 604.15, 604.16 and 604.30, Florida Statutes, 1941, re-
lating to and requiring the licensing, bonding and regulation
of certain dealers in agricultural products and providing
remedies and punishment for violation thereof.
Which was read the first time by title and referred to the
Committee on Agriculture.
By Messrs. L. W. Smith of Polk, Shepperd and Usina of
St. Johns-
H. B. No. 91-A bill to be entitled An Act amending Sec-
tion 11.14, Florida Statutes, 1941, relating to the compensa-
tion of officers and attaches of the Legislature.
Which was read the first time by its title and referred to
the Committee on Legislative Expense.
By Mr. Morrow of Palm Beach-
H. B. No. 92-A bill to be entitled An Act to exempt the
property of Local No. 806, American Federation of Musicians,
a fraternal, protective, non-profit organization, from all ad
valorem taxation, and to cancel all past due and unpaid
state, county, or city ad valorem taxes heretofore levied
against said property.
Which was read the first time by its title and referred to the
Committee on Finance and Taxation.
By Messrs. Clement, McClure and Schuh of Pinellas-
H. J. R. No. 93-A joint resolution proposing an amend-
ment to Article VIII of the Constitution of the State of
Florida relative to assessment of property for taxes and
the collection of taxes, by adding thereto additional sections
to provide that in the county of Pinellas, State of Florida,
the county tax assessor shall assess the property of the county
for the purpose of levying state, county, school and municipal
taxes levied by the state, county, county school board, school
districts, special tax school districts and municipalities of the
county, and that the county tax collector shall collect the said
tax.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:-
That the following amendment to Article VIII of the
Constitution of the State of Florida relative to the assess-
ment and collection of all taxes in the county of Pinellas,
State of Florida, by adding thereto additional sections to be
known as Section 13 and Section 14, be and the same is
hereby agreed to and shall be submitted to the electors of
the State of Florida for ratification or rejection at the gen-
eral election to be held on the first Tuesday after the first
Monday in November, 1948, as follows:
Section 13. 1. From and after January 1, 1950, the county
tax assessor in the county of Pinellas, State of Florida, shall
assess all property for all state, county, school, and municipal
taxes to be levied in the county by the state, county, county
school board, school districts, special tax school districts
and municipalities.
2. The Legislature shall at the Legislative Session in
1949 and from time to time thereafter, enact laws specify-
ing the powers, functions, duties and compensation of county
tax assessor, designated in paragragh 1 of this Section 13,
and shall likewise, provide by law for the extension on the
assessment roll of the county tax assesessor of all taxes levied
by the state, county, county school board, school districts,
special tax school districts and municipalities.



Section 14. 1. From and after January 1, 1950, the
county tax collector in the county of Pinellas, State of Florida,
shall collect all taxes levied in the county by the state, county,



April 14, 1947



county school board, school districts, special tax school dis-
tricts, and municipalities.
2. The Legislature shall at the Legislative Session of 1949,
and from time to time thereafter enact laws specifying the
powers, functions, duties and compensation of county tax
collector designated in paragraph 1 of this Section 14, and
shall likewise provide for the collection, care, custody, report-
ing and disbursement of all taxes collected by the county
tax collector.
Which was read in full and referred to the Committee on
Constitutional Amendments.
Mr. Morrow asked unanimous consent of the House to now
consider House Bill No. 13 out of its regular order.
Which was given.
H. B. No. 13-A bill to be entitled An Act providing for Sup-
plementary Compensation to be paid by Palm Beach County,
Florida to each Circuit Judge who is a citizen and resident
of such county and making the same a county purpose.
Was taken up.
Mr. Morrow moved the rules be waived and House Bill No. 13
be read a second time by title.

Which was agreed to by a two-thirds vote.
And House Bill No. 13 was read a second time by title.
Mr. Morrow moved the rules be further waived and House
Bill No. 13 be read a third time in full and placed upon its
passage.
Which was agreed to by a two-thirds vote.



And House Bill No. 13 was
When the vote was taken
result was:
Yeas-86.
Mr. Speaker Davis
Akerman Dayton
Alexander Dekle
Andrews Dowda
Barnhill Drummond
Botts Dunn
Branch Elliott
Bronson Fuqua
Brown Gautier
Bryant Gilmore
Burnsed Hardin
Burton Hawkins
Camp Hendry
Carraway Hethcox
Carter Home
Clark, M. C. Hough
Clement Howell
Cobb, Tyn Ingraham
Cobb, T. T. Johnson
Collins Kelly
Cook Lantaff
Courtney Luckie
Nays-None.



read a third time in full.
on the passage of the bill the



MacWilliam
Martin
McAlpin
McClure
McKendree
McMullen
Melvin
Merritt
Midyette
Moore
Morrow
Murray
Odham
Oelkers
Papy
Peacock, J. T.
Peacock, J. R.
Potter
Roberts
Rowell
Saunders
Schuh



Sellar
Shepperd
Simpson
Smith, J. S.
Smith, L. W.
Smith, M. B.
Smith, R. C.
Stewart
Stirling
Stokes
Strayhorn
Tapper
Taylor
Usina
Walton
Williams, G. K.
Williams, p. J.
Wilson
Wotitzky
Yeomans



So House Bill No. 13 passed, title as stated.
And the same was ordered certified to the Senate.
COMMITTEE REPORT
April 14, 1947.
Mr. Stirling of Broward, Chairman of the Committee on
Executive Communications, reported that the Committee had
carefully considered the following bills and recommends that
they do not pass, and the Governor's veto be sustained.
House Bill No. 461-(1945 Session).

An act vesting title in the several respective counties of
Florida to all lands acquired by the State of Florida under















provisions of Chapter 18296, Laws of Florida, Acts of 1937
Legislature, being Section 192.38 Florida Statutes, 1941, and
unsold by the State of Florida on October 1, 1945; and pro-
viding that trustees of Internal Improvement Fund of Florida
shall certify correct descriptions of such lands to such respec-
tive counties; and providing for sale and disposition of said
lands by said counties, and distribution of proceeds thereof;
making certain exceptions and provisions with respect to
drainage districts, and lands therein whose debts have been
substantially reduced and refinanced by the Reconstruction
Finance Corporation or others.
House Bill No. 444-(1945 Session).
An act to provide that in counties in Florida having a popu-
lation of not less than 70,000 or more than 70,500 according to
the federal census of 1940, every person, firm, corporation or
association whomsoever, who may operate under any terms
whatsoever, including lease arrangement, concessions, traveling
shows, exhibitions or amusement enterprises, including carni-
vals, vaudeville, ministrels, rodeos, theatrical, games or tests
of skill, riding devices, dramatic repertoires and all other shows
or amusements within the grounds of, and in connection with
any fair or exposition in such counties, shall be exempt from
the payment of any and all state, county and municipal taxes
and licenses, now or hereafter provided by law, provided said
fairs or expositions shall have been incorporated, not for profit,
under the provisions of Chapter 7388 of the Laws of Florida,
Acts of 1917, as amended, and shall have operated for not less
than ten consecutive years since the date of their incorporation.
House Bill No. 1155-(1945 Session).
An act to authorize the regulation of illegal transportation of
intoxicating beverages and liquors on the streets, alleys and
other public places in the city of Orlando, and to provide for
the seizure, forfeiture and sale of vehicles and other personal
property used in furtherance of a violation of this act or ordi-
nance enacted in pursuance hereof.
And House Bills Nos. 461, 444 and 1155 of the 1945
Session, contained in the above report, were placed on the
Calendar.
FRANK STIRLING,
Chairman.
REPORT OF COMMITTEE ON ENGROSSED BILLS
Mr. Barnhill, Chairman of the Committee on Engrossed
Bills, submitted the following report:
House of Representatives,
Tallahassee, Fla., April 14, 1947.
Hon. Thomas D. Beasley,
Speaker of the House of Representatives.
Sir:
Your Committee on Engrossed Bills, to whom was referred
(with amendments),
H. B. No. 7-A bill to be entitled An Act amending Sec-
tion 196.07, Florida Statutes 1941, and to provide that the
provisions thereof shall, after January 1st, 1948, be ap-



plicable to any deed executed pursuant to any tax fore-
closure or tax forfeiture to satisfy a tax lien and to any
deed executed by the State, county, municipality or other
subordinate taxing unit pursuant to any tax foreclosure,
tax forfeiture, or any other proceeding to satisfy a tax lien.
Which bill has been carefully examined, found correctly
engrossed, and returns same herewith.
Respectfully,
H. C. BARNHILL,
Chairman of Committee.

And House Bill No. 7, contained in the above report was
certified to the Senate.

Mr. Simpson moved that the rules be waived and when
the House do adjourn that it adjourn to meet tomorrow
morning at 11:30 A. M.

Which was agreed to by a two-thirds vote.
Mr. Wilson moved that a committee of three be appointed
to escort Mr. Harry Parham, President, and Mr. John Crews,
President-elect of the student body of the University of Flor-
ida, to the rostrum.
Which was agreed to.
Thereupon the Speaker appointed Messrs. Wilson, Saun-
ders, and Bronson as a committee to escort Messrs. Parham
and Crews to the rostrum, where they were introduced to
the membership of the House.
Mr. Stokes moved that a committee of three be appointed
to escort the Hon. E. Clay Lewis, Jr., a former Speaker of
the House of Representatives, to the rostrum.
Which was agreed to.
Thereupon the Speaker appointed Messrs. Stokes, Court-
ney and Clement as a committee to escort Mr. Lewis to
the rostrum, where he made a brief address to the mem-
bership of the House.
Mr. Carraway moved that a committee of three be ap-
pointed to escort the Hon. Claude Pepper, United States
Senator from Florida, to the rostrum.
Which was agreed to.
Thereupon the Speaker appointed Messrs. Carraway, Mid-
yette and McWilliam as a committee to escort Senator Pep-
per to the rostrum, where he addressed the House of Repre-
sentatives.
Mr. Simpson moved that the House do now adjourn.

Which was agreed to.

Thereupon at the hour of 1:23 P. M., the House stood
adjourned until 11:30 A. M. tomorrow morning.



April 14, 1947



JOURNAL OF THE HOUSE OF REPRESENTATIVES















JOURNAL OF THE HOUSE OF REPRESENTATIVES


Tuesday, April 15, 1947



The House was called to order by the Speaker at 11:30
A. M.



The roll was called and
to their names:
Mr. Speaker Dayton
Akerman Dekle
Alexander Dowda
Andrews Dunn
Baker Elliott
Barnhill Floyd
Botts Fuqua
Branch Gautier
Bronson Gilmore
Bryant Hardin
Burnsed Hawkins
Burton Hendry
Camp Hethcox
Carraway Home
Carter Hough
Clark, C. L. Howell
Clement Ingraham
Cobb, Tyn Jenkins
Cobb, T. T. Johnson
Collins Kelly
Cook Lantaff
Courtney Luckie
Davis MacWilliam



the following members answered



Martin Sellar
McAlpin Shepperd
McClure Simpson
McKendree Smith, J. S.
McKenzie Smith, L. W.
McMullen Smith, M. B.
Melvin Smith, R. C.
Merritt Stewart
Midyette Stirling
Moore Stokes
Morgan Strayhorn
Morrow Tapper
Murray Taylor
Odham Usina
Oelkers Wainwright
Papy Walton
Peacock, J. T. Williams, G. K.
Peacock, J. R. Williams, 'J. J.
Potter Wilson
Roberts Wotitzky
Rowell Yeomans
Saunders
Schuh



A quorum present.

The following prayer was offered by the Reverend Simmons,
chaplain:

For all Thy many blessings, we thank Thee, Our Father,
for Thy watch care over our lives, for Thy Divine Providences
to us, for Thy Divine interposition for us, for Thy guiding
hand that has led us, and more than all else for Thy Son,
Jesus Christ, through whom and by whom we have pardon
from sin and reconciliation with God. We acknowledge
Thee in all our ways and pray for grace, strength and faith
today.
Bless this body today, and guide in our deliberations. May
the actions taken, and the decisions made be in accordance
with Thy will, we ask in Jesus' name-Amen.

The Speaker announced that he had excused Messrs. M.
C. Clark of Jackson, and Drummond of Gilchrist from at-
tendance upon the session for today, Mr. Peeples of Glades
upon the sessions for Monday and Tuesday, April 14 and 15,
and Mr. Brown of Sumter upon the sessions for Tuesday
and Wednesday, April 15 and 16.

The reading of the Journal was dispensed with.

The Journal for Monday, April 14, was corrected and, as
corrected, was approved.
The Speaker announced that he has placed Mr. Floyd on
the Committee on Railroads, Telegraphs & Telephones; Mr.
Hendry on the Committee on Alcoholic Beverages; and Mr.
Andrews on the Committee on Public Welfare.
Mr. Dowda moved that the rules be waived and that
House Bill No. 81 be withdrawn from the Cor.mittee on
Judiciary "B" and be placed on the Calendar of Local Bills.
Which was agreed to by a two-thirds vote.
Mr. Dowda moved that the rules be waived and that
House Bill No. 82 be withdrawn from the Committee on
Judiciary "B".
Which was agreed to by a two-thirds vote.



1



60



Mr. Dowda moved that House Bill No. 82 be indefinitely
postponed.
Which was agreed to.
Mr. Luckie asked unanimous consent of the House to
withdraw House Bill No. 43 from consideration of the House.
Without objection, it was so ordered.
INTRODUCTION OF HOUSE BILLS AND
JOINT RESOLUTIONS
By Messrs. Moore of Highlands, Taylor of Hardee, Stray-
horn of Lee, Stewart of Hendry and Hendry of Okeechobee-
H. B. No. 94-A bill to be entitled An Act authorizing the
establishment, construction, equipment, maintenance, opera-
tion and management of the South Florida State Hospital
and fixing the location thereof; authorizing and directing
the Board of Commissioners of State institutions of the
State of Florida to accept lands and other property as dona-
tions or gifts to be used in the establishment, construction,
equipment, maintenance and operation of said hospital;
authorizing and directing cooperation between the said hos-
pital and the United States and its agencies; providing for
the management, control and operations of said hospital,
and making an appropriation for said hospital.
Which was read the first time by title and referred to the
Committees on State Institutions and Appropriations.
By Mr. Luckie of Duval-
H. B. No. 95-A bill to be entitled An Act amending Sec-
tion 33.01 Florida Statutes, 1941, as amended by Chapter
21819, Acts of 1943, relating to the counties in which civil
courts of record shall be established.
Which was read the first time by title and referred to
the Committee on Judiciary "A".
By Mr. Luckie of Duval-
H. B. No. 96-A bill to be entitled An Act to amend Sec-
tion 47.26, Florida Statutes, 1941, and Chapter 21992, Laws
of Florida, 1943, relating to the service of process within
State prisons, by providing that a copy of such process shall
be served upon the Commissioner of Agriculture, and a copy
also served upon the prisoner named in such process.
Which was read the first time by title and referred to the
Committee on Judiciary "A".
By Mr. Wotitzky of Charlotte-
H. B. No. 97-A bill to be entitled An Act to Amend Sec-
tion 440.39, Florida Statutes, 1941, relating to the Work-
men's Compensation Law and Compensation for Injuries
Where Third persons are Liable, by Providing an Election
by Employee Either to Pursue His Remedy Against a Third
Person or to Accept Compensation Under the Act: To Add
a New Subdivision (6) Specifying the Time Within Which
Employee May Bring Such Action; and Other Matters in
Connection Therewith.
Which was read the first time by its title and referred
to the Committee on Workmen's Compensation.
By Mr. Cobb of Volusia-
H. B. No. 98-A bill to be entitled An Act relating to in-
vestment of surplus funds by municipalities, and defining
surplus funds.
Which was read the first time by title and referred to the
Committee on Cities and Towns.
By Messrs. Botts and Merritt of Escambia-
H. B. No. 99-A bill to be entitled An Act authorizing the













JOURNAL OF THE HOU!



Boards of County Commissioners to grant licenses for the
construction, maintenance, repair, operation and removal of
pipe lines under, on, over, across and along any county high-
way or any public road or highway acquired by the county
or public and providing terms and conditions to be included
and which may be included in the instrument creating the
license.
Which was read the first time by its title and referred
to the Committee on Judiciary "A".
By Mr. Luckie of Duval-
H. B. No. 100-A bill to be entitled An Act to amend Sec-
tion 450.05, Florida Statutes 1941, relating to the hours of
employment of minors between sixteen and eighteen years
of age, and vesting the Florida Industrial Commission with
authority to extend the hours within which minors between
sixteen and eighteen years of age may be employed beyond
10:00 P. M. After investigation and finding by the Florida
Industrial Commission that the employment or place of em-
ployment is not detrimental to the health or welfare of
minors between sixteen and eighteen years of age; and to
repeal all Laws or parts of Laws in conflict with this Act;
and providing for the effective date of this Act.
Which was read the first time by title and referred to the
Committee on Workmen's Compensation.
By Messrs. Shepperd and Usina of St. Johns and Cook of
Flagler-
H. B. No. 101-A bill to be entitled An Act providing for
the application of gasoline and other fuel tax funds ac-
cruing to Flagler County under Section 16 of Article IX
of the Constitution of this State, to Flagler County's pro-
portionate share of the cost of construction of the brick
road originally constructed by St. Johns County.
Which was read the first time by title and referred to the
Committee on Claims and State Pensions.
By Messrs. Martin of I-illsborough, Cook of Flagler, Beasley
of Walton, Clement and Schuh of Pinellas, Morrow of Palm
Beach, Johnson of Gadsden, Floyd of Franklin, Burnsed of
Baker, Dowda of Putnam, Strayhorn of Lee, Dayton of Pasco,
Smith of Clay, Jenkins and Carter of Alachua, and Stokes of
Bay--
H. B. No. 102-A bill to be entitled An Act authorizing
all attorneys at law admitted to practice in the Supreme
Court of Florida and in good standing therein to transact
and engage in business as real estate brokers or real estate
salesmen and to deal in real estate in every manner, and
exempting such attorneys at law from the purview and
jurisdiction of the Florida Real Estate Commission and all
such regulatory bodies.
Which was read the first time by title and referred to
the Committee on Judiciary "A".
By Mr. Dunn of Dixie--

H. B. No. 103-A bill to be entitled An Act relating to
the compensation of the Clerk of Circuit Court for services
performed in suits or proceedings before the Circuit Court
in all counties of the State having a population of more
than 4,925 and less than 4,956 according to the State census
of 1945.
Which was read the first time by its title and referred to
the Committee on Census and Apportionment.
By Messrs. Botts and Merritt of Escambia-
H. B. No. 104-A bill to be entitled An Act authorizing
Boards of County Commissioners, with respect to property
located without the corporate limits of any municipality,
to vacate, abandon, discontinue and close streets, roads and
highways other than State and Federal highways: To re-
nounce and disclaim any right of the county and public
in and to any land or interest therein acquired for street,
road and highway purposes, other than lands acquired for
State and Federal highways: To renounce and disclaim any



right of the county and public in and to any lands de-



April 15, 1947



H. B. No. 109-A bill to be entitled An Act regulating
the taking, possession, buying, selling, shipping, or trans-
porting salt water trout within the State of Florida.
Which was read the first time by title and referred to
the Committee on Salt Water Fisheries.



")E OF REPRESENTATIVES 61


lineated on any recorded map or plat as a street, road or
highway: To convey title to lands constituting such streets,
roads or highways which are no longer required for such
purposes: Providing for the duties of county officers and
prescribing procedure to be followed in such matters.

Which was read the first time by its title and referred to
the Committee on Judiciary "A".

By Mr. Hough of Lee-

H. B. No. 105-A bill to be entitled An Act to provide
for the examination, licensing and regulation of life in-
surance agents under the supervision of the insurance com-
missioner; to provide for the adoption of a code of ethics
for their conduct; to prescribe the duties of the insurer
appointing such agents; to provide for the renewal, refusal,
suspension, or revocation of such licenses and to prescribe
penalties for the violation of this Act.

Which was read the first time by title and referred to
the Committee on Insurance.

By Mr. Hough of Lee-

H. B. No. 106-A bill to be entitled An Act to provide that
fraternal benefit societies doing business in this State under
the provisions of Chapter 637, Florida Statutes, 1941, as
amended, shall not pay commission or salary to any person
for services in obtaining new insurance contracts in this
State, until that person shall have qualified as a fraternal
insurance agent under the provisions of this Act: To pro-
vide for the qualifying, regulation, suspension or revocation
of certificates of qualification of fraternal insurance agents
by the insurance commissioner; to prohibit anyone acting
as a fraternal insurance agent until qualified by the com-
missioner; to provide for hearings by the commissioner and
appeal from rulings of the commissioner; to provide penal-
ties for the violation of this Act.

Which was read the first time by title and referred to
the Committee on Insurance.
By Mr. Hough of Lee-
H. B. No. 107-A bill to be entitled An Act to amend Sec-
tion 637.60 Florida Statutes 1941, relating to the exemption
of taxes of fraternal benefit societies, by providing that so-
cieties having certain qualifications shall be exempt and fur-
ther exempting such societies from all taxes under Sub-section
2, but not Sub-section 1, of Section 205.43, Florida Statutes,
1941, as amended by Chapter 22671 Florida Laws of 1945.
Which was read the first time by title and referred to
the Committee on Insurance.
By Messrs. Cobb and Akerman of Orange-
H. B. No. 108-A bill to be entitled An Act relating to and
providing for the consolidation of all the school districts of
Orange County into one district and making the boundaries
of said consolidated district coextensive with Orange County;
and relating to and providing for school district village levy
for such consolidated district and the method of election,
time of election and residence qualifications for trustees of con-
solidated district; and making provision with regard to the prop-
erty, funds, taxes and obligations of existing districts; and pro-
viding for the division of the county into school community areas
and the election and authority of advisory committees for such
school community areas; and providing for a referendum
election to determine when and if this act shall take effect.

And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Yeomans of Citrus, Hendry of Okeechobee and
Dowda of Putnam-













62 JOURNAL OF THE HOL


By Mr. Murray of Polk-
H. B. No. 110-A bill to be entitled An Act amending Sec-
tion 708.07, Florida Statutes 1941, relating to specific per-
formance by and against husband and wife of written agree-
ments to sell or convey the separate property of the wife or to
relinquish her right of dower in the property of her husband.
Which was read the first time by title and referred to
the Committee on Judiciary "A".
By Messrs. McAlpin of Hamilton, Burnsed of Baker, Horne
of Madison, McKenzie of Levy, Tapper of Gulf, Wilson of
Columbia, Dunn of Dixie, Hendry of Okeechobee, Dowda of
Putnam, Ingraham of DeSoto, Saunders of St. Lucie, and
Gilmore of Suwannee.
H. J. R. No. 1ll-A Joint Resolution proposing an amend-
ment to Article VII of the Constitution of the State of Florida
by adding an additional section thereto to provide that there
shall be one Senator for each County of the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the amendment of Article VII of the Florida Consti-
tution by adding thereto an additional section to be known
and designated as Section 6, is hereby agreed to and shall be
submitted to the electors of the State of Florida for ratifica-
tion or rejection at the general election for representatives to
be held in the year 1948, as follows:
Section 6. There shall be elected at the general election
in the year A. D. 1950, one senator from each county bf the
State of Florida. Prior to January 1, 1950, the Governor of
the State of Florida officially shall number the counties of
the State consecutively beginning with the -number "1" and
according to their alphabetical order, and each county shall
comprise a senatorial district of the number assigned to it
from and after such general election in A. D. 1950, and there-
upon the senatorial districts of this State as now constituted
shall cease to exist. At said general election in the year A. D.
1950. senators from the odd-numbered counties shall be elected
for terms of four years extending from the date of such election
to the first Tuesday after the first Monday in November, A. D.
1954, senators from the even-numbered districts shall be
elected for terms of two years extending from the date of
such election to the first Tuesday after the first Monday in
November, A. D. 1952, and thereafter the successors of such
senators shall be elected for terms of four years. New counties
which may be created subsequent to the original numbering of
the counties shall, in the order of their creation, be numbered
consecutively by the Governor following the original number-
ing; and each such additional county shall constitute a sena-
torial district of-the number assigned to it, and the term of
office of the senator from such county shall coincide with the
terms of office of other state senators in the odd- or even-
numbered group of districts in which such county may be.
Existing provisions of this constitution are affected hereby
only to the extent that they are inconsistent with the provi-
sions hereof.
Which was read the first time in full and referred to the
Committee on Constitutional Amendments.
By Mr. Simpson of Jefferson-
H. B. No. 112-A bill to be entitled An Act providing for the
licensing and regulation of all persons engaged in professional
work or service for the prevention, control, or eradication of
insects, vermin, rodents, and other pests in household struc-
tures, commercial buildings, other structures or products
therein, and commercial fumigation: Providing for the formu-
lation of rules and regulations by the State Board of Health
for the regulation and licensing of such business: Providing
for the appointment of a Structural Pest Control Board: Pro-
viding for the certification of structural pest control operators:
Providing for exception of certain types of pest control:
Providing a penalty for any violation of the provisions of the
Act or the rules and regulations appertaining thereto: and



providing an annual appropriation for the enforcement of
the Act.
Which was read the first time by title and referred to
the Committees on Judiciary "B" and Appropriations.



ISE OF REPRESENTATIVES



April 15, 1947



By Mr. Wilson of Columbia-
H. B. No. 113-A bill to be entitled An Act relating to the
rates and required forms and provisions, and effect of certain
described provisions, of sickness and accident insurance poli-
cies or contracts, riders or endorsements thereto, and appli-
cations therefore, issued or delivered in this State, and the.
powers, duties and obligations of the Insurance Commissioner
with respect to approval of use and discontinuance of use of
such forms, and procedure for entry of orders by the Insur-
ance Commissioner respecting such matters, and for court
review of any such orders; defining certain terms used herein;
prescribing penalties for violation of this Act; and fixing
the effective date hereof.
Which was read the first time by its title and referred to
the Committee on Insurance.
By Messrs. Crews, Luckie and Morgan of Duval-
H. B. No. 114-A bill to be entitled An Act to amend Sections
208.06, 208.07, 208.24, and 208.25 of Chapter 208, Florida Stat-
utes, 1941, by providing for a deduction of 11/2% of the amount
of gasoline tax shown to be due on monthly gasoline tax
reports to the Comptroller on account of services and expenses
in complying with the provisions of said Chapter 208, and
fixing the date on which such reports shall be made and for
other purposes.
Which was read the first time by title and referred to
the Committee on Banks and Loans.
By Mr. Stewart of Hendry-
H. B. No. 115-A bill to be entitled An Act authorizing the
Treasurer of the State Board of Administration, as County
Treasurer ex officio, to accept from any Federal Reserve Bank,
or member bank thereof, or from any bank incorporated under
the Laws of the United States of America, trust or safekeeping
receipts issued by them or either of them, in lieu of the actual
depositing with him of the securities required by Section 344.17,
Florida Statutes 1941, or any law supplementary thereto or
amendatory thereof.
Which was read the first time by title and referred to
the Committee on Finance and Taxation.
By Messrs. Cobb and Akerman of Orange-
H. B. No. 116-A bill to be entitled An Act providing for
teachers successive contracts in the public schools of Orange
County, Florida, and the school districts therein, defining
who are "contract teachers" within the meaning of the act
and how teachers may qualify to become "contract teachers"
within the meaning of the act and how such "contract teach-
ers" may lose their status as "contract teachers," and pro-
viding with regard to reemployment of "contract teachers"
for the school year 1947-1948 and by what procedure, upon
whose action and under what circumstances such a "contract
teacher" need not be reemployed for the school year 1947-
1948, and providing for the contracts of "contract teachers"
each year to contain provisions regarding reemployment and
providing by what procedure, upon whose action and under
what circumstances a "contract teacher" holding a contract
for reemployment under the act need not be reemployed, and
also setting out rights of "contract teachers" in event of
failure of reemployment for the school year 1947-1948 and
also in event of failure of contracts each year to contain
provisions required by the act and also in event of breach
of contract for reemployment inserted in contracts pursuant
to act, also setting out powers of Board of Public Instruction
of Orange County, Florida, the County Superintendent there-
of and the trustees of the school districts therein notwith-
standing provisions for reemployment in teachers' contracts,
also repealing Chapter 18743, Laws of Florida. Acts of 1937,
entitled "An act providing for tenure of employment of
teachers in the public schools of Orange County, Florida;
defining terms used in said act: Providing when teachers
are entitled to tenure of employment and the causes for
which such teachers may be discharged or demoted and
prescribing the procedure thereof; and conferring jurisdic-
tion upon the Circuit Court to issue writs of mandamus
and certiorari in order to give effect to the provisions of
said act."
Proof of Publication of Notice attached to the above bill.












JOURNAL OF THE HOUSE



The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Murray, L. W. Smith and R. C. Smith of Polk,
and -Lantaff of Dade, Floyd of Franklin and Clement of
Pinellas-
H. B. No. 117-A bill to be entitled An Act relating to
the powers, duties and functions of the Statutory Revision
Department of this State; to the preparation of suggested
amendments to the State Constitution by the said Statutory
Revision Department; and providing a Constitutional Re-
vision Commission in connection therewith.
Which was read the first time by title and referred to the
Committees on Constitutional Amendments and Appropria-
tion.
By Messrs. Murray, L. W. Smith and R. C. Smith of Polk,
Lantaff of Dade, Floyd of Franklin and Clement of Pinellas-
H. J. R. No. 118-A Joint Resolution proposing an Amend-
ment of Section 1 of Article XVII of the Constitution of the
State of Florida, relating to the amendment of said Constitution.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
That the following amendment of Section 1 of Article XVII
of the Constitution of the State of Florida, relating to the
amendment of said Constitution, be and the a tesame is hereby
agreed to and shall be submitted to the electors of the State
of Florida for approval or rejection at the next general election
to be held in the year 1948, that is to say, to s hat Section 1 of
Article XVII of the Constitution of the State of Florida be
amended so as to read as follows:
Section 1. Either branch of the legislature, at any regular
session, or at any special or extraordinary session thereof called
for such purpose either in the Governor's original call or any
amendment thereof, may propose the revision or amendment
of any portion or portions of this Constitution. Any such revi-
sion or amendment may relate to one subject or any number of
subjects.
If the proposed revision or amendment is agreed to by three-
fifths of the members elected to each House, it shall be entered
upon their respective Journals with the Yeas and Nays and
published in one newspaper in each county where a newspaper
is published, for two months immediately preceding the election
at which the same is to be voted upon, and thereupon submitted
to the electors of the State for approval or rejection at the next
general election, or at a special election to be held on a day
to be fixed by the Legislature not less than three nor more than
six months after the adjournment of the said Legislature. If
no date be fixed by the Legislature fr theholding of such
election, it shall be held at the next general election after the
adjournment of the Legislature at which the amendment is
proposed. The Legislature may provide for the calling and
holding of such special elections and the manner of voting on
such amendments. If a majority of the electors voting upon the
amendment adopt such amendment the same shall become a
part of this Constitution.
The Legislature may provide for a preparatory commission
to prepare or assist it in the preparation of such revisions and
amendments, and the provisions of Section 5 and 27 of Article
III of this Constitution shall have no application in the selec-
tion of such commission.
The Legislature may call upon any board, commission,
department or agency of the State to assist in the preparation
of such revisions or amendments.
Which was read the first time in full and referred to the
Committee on Constitutional Amendments.
By Messrs. Stirling and Walton of Broward--
H. B. No. 119-A bill to be entitled An Act to abolish the
present municipality of the town of Hallandale, and to create,
establish and organize a municipality to be known and
designated as the city of Hallandale, Broward County, Flor-



April 15, 1947



And House Bill No. 121 was read a third time in full.
When the vote was taken on the passage of the bill the
result was:



E OF REPRESENTATIVES 63


ida, to define its territorial boundaries, which boundaries
will be identical with the boundaries of the existing munici-
pality; to provide for its government, jurisdiction, powers,
franchises, immunities, privileges and means for exercising
the same; confirming its title to all city property and validat-
ing all taxes, assessments and levies heretofore made; and
prescribing the general powers to be exercised by said city.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.

By Messrs. Clement, McClure and Schuh of Pinellas-

H. B. No. 120-A bill to be entitled An Act amending Sec-
tion 733.32, Florida Statutes, 1941, as amended by Section
3, Chapter 22783, Laws of Florida, Acts of 1945, relating
to the Probate Laws of Florida and to conveyances pursuant
to contracts of the decedent.

Which was read the first time by its title and referred
to the Committee on Judiciary "A".

By Mr. Potter of Washington-
H. B. No. 121-A bill to be entitled An Act pertaining to
the public county roads and bridges of Washington County,
Florida, authorizing the Board of County Commissioners of
said county to contract for the construction and mainten-
ance of said roads and bridges, authorizing said board to
use any unexpended funds in the Road and Bridge Fund
of the budget of said county for the current year for any
purpose relating to said roads and bridges, and repealing
Chapter 23,600, Laws of Florida, Acts of 1945, and other
Laws.

Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.

And the above bill was read the first time by its title.
Mr. Potter asked unanimous consent of the House to now
consider House Bill No. 121 out of its regular order.
Which was given.
H. B. No. 121-A bill to be entitled An Act pertaining to
the public county roads and bridges of Washington County,
Florida,' authorizing the Board of County Commissioners of
said county to contract for the construction and mainten-
ance of said roads and bridges, authorizing said board to
use any unexpended funds in the Road and Bridge Fund
of the budget of said county for the current year for any
purpose relating to said roads and bridges, and repealing
Chapter 23,600, Laws of Florida, Acts of 1945, and other
Laws.
was taken up.
Mr. Potter moved the rules be waived and House Bill No.
121 be read a second time by title.
Which was agreed to by a two-thirds vote.
And House Bill No. 121 was read a second time by title.
Mr. Potter moved the rules be further waived and House
Bill No. 121 be read a third time in full and placed upon
its passage.
Which was agreed to by a two-thirds vote.













JOURNAL OF THE HOUSE OF REPRESENTATIVES



April 15, 1947



Yeas-83.
Mr. Speaker
Akerman
Alexander
Andrews
Barnhill
Botts
Branch
Bronson
Bryant
Burton
Camp
Carraway
Carter
Clark, C. L.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Courtney
Davis
Dayton
Nays-None.



Dowda
Dunn
Elliott
Floyd
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hendry
Hethcox
Hough
Howell
Ingraham
Jenkins
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin



McAlpin
McClure
McKendree
McKenzie
McMullen
Melvin
Merritt
Midyette
Moore
Morgan
Morrow
Murray
Oelkers
Papy
Peacock, J. T.
Peacock, J. R.
Potter
Roberts
Rowell
Saunders
Schuh



Sellar
Shepperd
Simpson
Smith, J. S.
Smith, L. W.
Smith, M. B.
Smith, R. C.
Stewart
Stirling
Stokes
Strayhorn
Tapper
Taylor
Usina
Wainwright
Walton
Williams, U. J.
Wilson
Wotitzky
Yeomans



So House Bill 121 passed, title as stated.
And the same was ordered certified to the Senate.
By Messrs. Stirling and Walton of Broward-
H. B. No. 122-A bill to be entitled An Act to amend Sec-
tion 7 of the Charter of the city of Hallandale, Florida, to
redefine the boundaries of the city of Hallandale and pro-
viding for a referendum.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Clement, McClure and Schuh of Pinellas-
H. B. No. 123-A bill to be entitled An Act to amend Sec-
tion 7 of Chapter 22847, Acts of 1945, relating to the Pro-
bate Laws of Florida, and prescribing the class of persons,
non-resident of the State of Florida.
Which was read the first time by its title and referred
to the Committee on Judiciary "A".
By Messrs. Clement, McClure and Schuh of Pinellas-
H. B. No. 124-A bill to be entitled An Act amending Sec-
tions 735.01 and 735.04, Florida Statutes, 1941, as set out
in Section 15, Chapter 22847, Laws of Florida, Acts of 1945,
relating to the Probate Laws of Florida, to small estates
and to proceedings when administration unnecessary.

Which was read the first time by its title and referred
to the Committee on Judiciary "A".
By Messrs. Clement, McClure and Schuh of Pinellas-
H. B. No. 125-A bill to be entitled An Act amending Sections
732.04, 732.05 and 732.15, Florida Statutes, 1941, as amended,
relating to the disqualification, absence, sickness or other dis-
ability of the County Judge, and the discharge of his duties
and powers as probate judge by a judge of the circuit court:
and to appeals from orders entered by such judge of the
circuit court.
Which was read the first time by its title and referred
to the Committee on Judiciary "A".
By Messrs. Clement, McClure and Schuh of Pinellas-
H. B. No. 126-A bill to be entitled An Act amending that
part of Section 1 of Chapter 22750, Laws of Florida 1945 being
new and added Section 745.15 relating to guardian and ward.
Which was read the first time by its title and referred
to the Committee on Judiciary "A".
By Messrs. Clement, McClure and Schuh of Pinellas-
H. B. No. 127-A bill to be entitled An Act amending Section
732.44, Florida Statutes, 1941, as amended by Section 2, Chapter
22783, Laws of Florida, Acts of 1945, relating to the probate law



of Florida and to preference in the appointment of an admin-
istrator.
Which was read the first time by its title and referred
to the Committee on Judiciary "A".
By Mr. Williams of Holmes-
H. B. No. 128-A bill to be entitled An Act designating and
establishing a State road in Holmes County.
Which was read the first time by title and placed on the
Local Calendar.

By Mr. Martin of Hillsborough-
H. B. No. 129-A bill to be entitled An Act providing for the
reinstatement of Norman T. Whitworth as an employee of
the City of Tampa as a member of the Police Department of
the City of Tampa, said reinstatement to be effective as of
October 13th, 1944; providing for the payment to Norman
T. Whitworth all back salary from said October 13th, 1944,
to the 12th day of November, 1945; providing that the City
of Tampa deduct from said back salary the amount the said
Norman T. Whitworth would have paid into the Pension Fund
of the Policemen and Firemen of the City of Tampa had he
received said salary at said time, and the City of Tampa shall
pay said amount so deducted into said Pension Fund the same
as if it had been paid in by the said Norman T. Whitworth;
providing for the eligibility of Norman T. Whitworth to par-
ticipate as a member of the Police Department of the City of
Tampa, Florida, in all of the benefits of the City Pension Fund
for Firemen and Policemen of the City of Tampa created by
Chapter 17164 of the Laws of Florida, Chap. 21590 of the
Special Acts of 1941, Chapter 22473 of the Special Acts of 1943,
and any other Act; requiring the Board of Trustees adminis-
tering said fund to list the name of Norman T. Whitworth
among the names of those eligible to participate in said bene-
fits and providing that the City of Tampa and said trustees
shall pay to Norman T. Whitworth in a lump sum the monthly
pension he would have otherwise received from the 12th day
of November, 1945, to the date this Act becomes a law; pro-
ividing that Norman T. Whitworth shall thereafter receive his
monthly pension; requiring the City of Tampa to enter into
a contract with Norman T. Whitworth in the same manner
as other members of the said department who are eligible
to participate in said benefits and to repeal any and all laws
in conflict therewith.

Proof of Publication of Notice attached to the above bill
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.

And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Yeomans of Citrus, Hendry of Okeechobee and
Dowda of Putnam-
H. B. No. 130-A bill to be entitled An Act regulating the
taking, possessing, buying, selling, or shipping fresh or freshly-
salted mullet or mullet roe within the State of Florida.
Which was read the first time by title and referred to the
Committee on Salt Water Fisheries.
By Messrs. Simpson of Jefferson, Melvin of Santa Rosa,
Moore of Highlands and Gilmore of Suwannee-

H. B. No. 131-A bill to be entitled An Act to provide for
refund of tax paid on motor fuels when used solely for agri-
cultural purposes.

Which was read the first time by title and referred to the
Committee on Finance and Taxation.
By Messrs. Jenkins and Carter of Alachua, Dayton of Pas-
co, Schuh of Pinellas and Lantaff of Dade-



H. B. No. 132-A bill to be entitled An Act for the relief of
the widow and minor children of Clark Gourley, deceased, late
of Alachua County, Florida.



64












JOURNAL OF THE HOUSE



Which was read the first time by title and referred to the
Committee on Claims and State Pensions.
CONSIDERATION OF VETOED BILLS OF
THE 1945 SESSION
H. B. No. 461 (1945 Session) -An Act vesting title in the
several respective counties of Florida to all lands acquired
by the State of Florida under provisions of Chapter 18296,
Laws of Florida, Acts 1937 Legislature, being Section 192.38
Florida Statutes 1941, and unsold by the State of Florida
on October 1, 1945; and providing that trustees of Internal
Improvement Fund of Florida shall certify correct descrip-
tions of such lands to such respective counties; and pro-
viding for sale and disposition of said lands by said coun-
ties, and distribution of proceeds thereof; making certain
exceptions and provisions with respect to drainage districts,
and lands therein, whose debts have been substantially re-
duced and refinanced by the Reconstruction Finance Corpora-
tion or others.
Was taken up together with the following Veto Message:
June 8, 1945
Honorable R. A. Gray
Secretary of State
CAPITOL
Dear {Sir:
Pursuant to authority vested in me as Governor of Flor-
ida under the provisions of Section 28, Article III of the
Constitution of this State, I hereby transmit to you, with
my objections, House Bill No. 461 enacted by the Legislature
of 1945 and entitled:
"An Act vesting title in the several respective
counties of Florida to all lands acquired by the State
of Florida under provisions of Chapter 18296, Laws
of Florida, Acts 1937 Legislature, being Section 192.38
Florida Statutes 1941, and unsold by the State of
Florida on October 1, 1945; and providing that
Trustees of Internal Improvement Fund of Florida
shall certify correct descriptions of such lands to
such respective counties; and providing for sale and
disposition of said lands by said counties, and dis-
tribution of proceeds thereof; making certain excep-
tions and provisions with respect to drainage districts,
and lands therein, whose debts have been substantially
reduced and refinanced by the Reconstruction Finance
Corporation or others."
This is a general bill providing for transfer of the State's
title under Chapter 18296, Acts of 1937, the Murphy Act,
to the several counties, and containing other provisions.
My objections to the Bill are as follows:

1. Section 1 of the Bill sets forth that the "interest of
the several respective counties, and municipalities where
such lands were located therein, in and to such delinquent
taxes levied by them, by virtue whereof title so vested in the
State of Florida, was many times greater than the propor-
tion and interest therein of the said State by reason of taxes
levied by it . ." As a matter of fact, municipalities have
no interest in Murphy Act title whatsoever. The title in the
State does not affect or impair the interest of municipalities
growing out of municipal tax liens.
Section 1 further sets forth that the State "has sold
vast quantities of such reverted lands, and has retained
and used the proceeds . for state purposes, and the several
counties and municipalities have neither participated therein
nor received any portion or share whatsoever of such pro-
ceeds." Again, as a matter of fact, the counties of the state
receive directly in cash approximately 35%, and a still larger
amount indirectly, of all state moneys, made up in part from
proceeds of Murphy Act land. Furthermore, many coun-
ties have procured Murphy Act title from the State to lands
in the county at no cost, or for practically nominal consid-
eration, and though municipalities have no interest or equity
whatsoever in Murphy Act title to the land, many of them
have benefitted through acquisition from the State, thereby



protecting their tax liens and tax title at cost little more



April 15, 1947



Mr. Speaker
Akerman
Alexander
Andrews
Barnhill
Botts
Branch
Bronson
Bryant
Burnsed
Burton
Camp
Carraway
Carter
Clark, C. L.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney



Davis
Dayton
Dowda
Dunn
Floyd
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hendry
Hethcox
Hough
Howell
Ingraham
Jenkins
Johnson
Kelly
Lantaff
Luckie
MacWilliam



Martin Saunders-
McAlpin Schuh
McClure Sellar
McKendree Shepperd
McKenzie Simpson
McMullen Smith, J. S.
Melvin Smith, L. W.
Merritt Smith, M. B.
Midyette Smith, R. C.
Moore Stewart
Morgan Stirling
Morrow Stokes
Murray Strayhorn
Odham Tapper
Oelkers Taylor
Papy Usina
Peacock, J. T. Wainwright
Peacock, J. R. Williams, J. J.
Potter Wotitzky
Roberts Yeomans
Rowell



Nays-83.
So House Bill No. 461 of the Regular Session of 1945
failed to pass by the required Constitutional two-thirds vote of
all members present in the House of Representatives.
The veto of the Governor was sustained, and House Bill
No. 461 of the Regular Session of 1945 was ordered certified
to the Office of the Secretary of State.
H. B. No. 444 (1945 Session) -An Act to provide that in
counties in Florida having a population of not less than
70,000 or more than 70,500 according to the federal census of



E OF REPRESENTATIVES 65


than nominal. County School Boards and other county
agencies, for their proper purposes, have acquired Murphy
Act land from the State without cost or for practically
nominal consideration.
2. In reference to the equity of the State in Murphy
Act lands is the following:
In addition to the equity which the State has in de-
linquent lands by virtue of State taxes, it must be remem-
bered that expense in handling delinquent tax lands from
1894 down to 1941 was at the hands of the state. This
expense, running through more than forty-five years, ag-
gregates a far greater sum than will ever be received from
the sale of Murphy Act lands. Through such sales the last
opportunity is afforded the State to reimburse itself in
part for long years of expenses in handling delinquent tax
lands.
4. From the further standpoint of the state, the with-
drawal of Murphy Act lands and the proceeds therefrom
would reduce the General Revenue Fund by more than
a Million Dollars for the biennium, based on present rate
of sales. If that be done, it would be necessary to provide
other revenue to make up this loss, and at the late date
on which this Bill was passed, there remained no oppor-
tunity for the Legislature to provide new state revenue to
compensate for the loss of proceeds from Murphy Act lands
sought by the Bill to be diverted from the state.
For the reasons stated, I withhold my approval from House
Bill Number 461 and veto the same.
Sincerely,
MILLARD F. CALDWELL
Governor.
Which was read.
The question recurred on the passage of House Bill No.
461 of the Regular Session of 1945, the veto of the Governor
to the contrary notwithstanding.
When the vote was taken on the passage of House Bill
No. 461 of the Regular Session of 1945, the veto of the
Governor to the contrary notwithstanding, the result was:

Yeas-1.
Walton












66



1940, every person, firm, corporation or association whomso-
ever, who may operate under any terms whatsoever, including
lease arrangement, concessions, traveling shows, exhibitions
or amusement enterprises, including carnivals, vaudeville,
minstrels, rodeos, theatricals, games or tests of skill, riding
devices, dramatic repertoires and all other shows or amuse-
ments within the grounds of, and in connection with any fair
or exposition in such counties, shall be exempt from the pay-
ment of any and all state, county and municipal taxes and
licenses, now or hereafter provided by law, provided said
fairs or expositions shall have been incorporated, not for profit,
under the provisions of Chapter 7388 of the Laws of Florida,
Acts of 1917, as amended, and shall have operated for not less
than 10 consecutive years since the date of their incorporation.
Was taken up together with the following Veto Message:



Honorable R. A. Gray
Secretary of State



June 7, 1945



CAPITOL
Dear Sir:
Pursuant to authority vested in me as Governor of Florida
und6r the provisions of Section 28, Article III of the Consti-
tution of Florida, I herewith transmit to you, with my objec-
tions, House Bill No. 444 enacted by the Legislature of 1945
and entitled:
"An Act to provide that in counties in Florida hav-
ing a population of not less than 70,000 or more than
70,500 according to the federal census of 1940, every
person, firm, corporation or association whomsoever,
who may operate under any terms whatsoever, includ-
ing lease arrangement, concessions, traveling shows,
exhibitions or amusement enterprises, including car-
nivals, vaudeville, minstrels, rodeos, theatricals, games
or tests of skill, riding devices, dramatic repertoires
and all other shows or amusements within the grounds
of, and in connection with any fair or exposition in.
such counties, shall be exempt from the payment of
any and all state, county and municipal taxes and
licenses, now or hereafter provided by law, provided
said fairs or expositions shall have been incorporated,
not for profit, under the provisions of Chapter 7388
of the Laws of Florida, Acts of 1917, as amended, and
shall have operated for not less than ten consecutive
years since the date of their incorporation."
This is a population measure relating only to a single county
of this State and by its terms exempts fairs or expositions in-
corporated under what is now the General Law of this State
known as Chapter 616 Florida Statutes 1941. The practical
effect of this Act would be to nullify the specific provision
of Section 616.14 Florida Statutes 1941 where it is made
unlawful for more than one fair or exposition to be conducted
by an association incorporated under the provisions of Chap-
ter 616 during any one calendar year.
In view of the fact that Chapter 616 operates uniformly
throughout the state, there is in my opinion no reasonable
basis for excepting from the provisions thereof any single
county upon the basis of its population. Although this meas-
ure is restricted by its population clause; it was, nevertheless,
advertised as a local bill under the Constitution by the presi-
dent of the Central Florida Advertising Association, Inc. The
proof of publication attached to the Act reveals that such
notice was published for the first time on April 17, 1945 and
for the last time on May 8, 1945. The Bill was introduced on
May 1, 1945, less than thirty days after the first publication.
This was in violation of Section 21, Article III of the Consti-
tution of Florida, which requires that such notice be published
"at least thirty days prior to the introduction into the Legis-
lature of bills of this category." The Act, therefore, appears
to be invalid and unconstitutional upon this as well as other
grounds.
For the above and foregoing reasons, I, therefore withhold
my approval from House Bill 444, Legislative Session 1945,
and do hereby veto the same.
Respectfully,
MILLARD F. CALDWELL
Governor



April 15, 1947T



Which was read.
The question recurred on the passage of House Bill No. 444
of the Regular Session of 1945, the veto of the Governor to
the contrary notwithstanding.
When the vote was taken on the passage of House Bill
No. 444 of the Regular Session of 1945, the veto of the Gov-
ernor to the contrary notwithstanding, the result was:
Yeas-0.



Mr. Speaker
Akerman
Alexander
Andrews
Barnhill
Botts
Branch
Bronson
Bryant
Burnsed
Burton
Camp
Carraway
Carter
Clark, C. L.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook.
Courtney
Nays-81.



Davis
Dayton
Dowda
Dunn
Elliott
Floyd
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hendry
Hethcox
Hough
Howell
Ingraham
Kelly
Lantaff
Luckie
MacWilliam
Martin



McAlpin Schuh
McClure Sellar
McKendree Shepperd
McKenzie Simpson
McMullen Smith, J. S.
Melvin Smith, L. W.
Merritt Smith, R. C.
Midyette Stewart
Moore Stirling
Morgan Stokes
Morrow Strayhorn
Murray Tapper
Odham Taylor
Oelkers Usina
Papy Wainwright
Peacock, J. T. Wilson
Peacock, J. R. Wotitzky
Potter Yeomans
Roberts
Rowell
Saunders



So House Bill No. 444 of the Regular Session of 1945 failed
to pass by the required Constitutional two-thirds vote of all
members present in the House of Representatives.
The veto of the Governor was sustained, and House Bill
No. 444 of the Regular Session of 1945 was ordered certified
to the Office of the Secretary of State.
H. B. No. 1155 (1945 Session) -An Act to authorize the regu-
lation of illegal transportation of intoxicating beverages and
liquors on the streets, alleys and other public places in the City
of Orlando, and to provide for the seizure, forfeiture and sale
of vehicles and other personal property used in furtherance
of a violation of this Act or ordinances enacted in pursuance
hereof.
Was taken up together with the following Veto Message:
June 6, 1945.
Honorable R. A. Gray,
Secretary of State,
Tallahassee, Florida.
Dear Sir:
Pursuant to authority vested in me as Governor of Florida,
under the provisions of Section 28, Article III, of the Constitu-
tion of this State, I herewith transmit to you, with my objec-
tions, House Bill No. 1155, enacted by the Legislature of 1945,
and entitled:
"An Act to authorize the regulation of illegal trans-
portation of intoxicating beverages and liquors on the
streets, alleys and other public places in the City of
Orlando, and to provide for the seizure, forfeiture and
sale of vehicles and other personal property used in
furtherance of a violation of this Act or ordinances
enacted in pursuance hereof."

This bill not only authorizes the City of Orlando to prohibit
by ordinance the transportation within its limits of alcoholic
beverages upon which taxes due the United States and the
State of Florida have not been paid but provides further for
the seizure and forfeiture of all such beverages and any vehi-
cles or other personal property owned or used in furtherance
of such illegal transportation. The Act further provides for a
method by which the property subject to such forfeiture may
be disposed of after seizure without relating to the arrest or
conviction of any person who may have violated such proposed
ordinance.



JOURNAL OF THE HOUSE 'OF I EPIRESENTATIVES.















The right of forfeiture under the liquor laws of Florida is now
vested solely in the State and such laws pertaining to this sub-
ject have recently been revised and materially strengthened
so as to give the Director of the State Beverage Department
additional authority in this connection. The administration
of such laws naturally goes hand in hand with the administra-
tion of the liquor tax laws of this State and, in my opinion,
can best be uniformly enforced by the State alone through
its Beverage Department.
In my opinion, the authority to seize and forfeit property
should not be vested in any municipality: where such seizure
and forfeiture relates only to a violation of the laws of the
State of Florida. If this were allowed, certain conflicts of
jurisdiction and authority might arise which would ultimately
interfere with the State's function in this field.
For the reasons stated above, I, therefore, withhold my
approval of House Bill No. 1155, 1945 Legislative Session, and
do hereby veto the same.
Sincerely,
MILLARD F. CALDWELL,
Governor.
Which was read.
The question recurred on the passage of House Bill No.
1155 of the Regular Session of 1945, the veto of the Governor
to the contrary notwithstanding.
When the vote was taken on the passage of House Bill No.
1155 of the Regular Session of 1945, the veto of the Governor
to the contrary notwithstanding, the result was:



Yeas-0.
Mr. Speaker
Akerman
Alexander
Barnhill
Botts
Branch
Bronson
Bryant
Burnsed
Burton
Camp
Carraway
Carter
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Davis
Nays-78.



Dayton
Dowda
Dunn
Elliott
Fuqua
Gilmore
Hardin
Hawkins
Hendry
Hethcox
Hough
Howell
Ingraham
Jenkins
Kelly
Lantaff
Luckie
MacWilliam
McAlpin
McClure



McKendree
McKenzie
McMullen
Melvin
Midyette
Moore
Morgan
Morrow
Murray
Odham
Oelkers
Papy
Peacock, J.
Peacock, J.
Potter
Roberts
Rowell
Saunders
Schuh
Sellar



Shepperd
Simpson
SSmith, J. S.
Smith, L. W..
Smith, M. B.
Smith, R. C.
Stewart
Stokes
Strayhorn
Tapper
Taylor
Usina
T. Wainwright
R. Walton
Williams, \J. J.
Wilson
Wotitzky
Yeomans



So House Bill No. 1155.of the Regular Session of 1945 failed
to pass by the required Constitutional two-thirds vote of all
members present in the House of Representatives.
The veto of the Governor was sustained, and House Bill
No. 1155 of the Regular Session of 1945 Was ordered certified
to the Office of the Secretary of State.
MESSAGE FROM THE SENATE
The following message from the Senate was received and
read:
SENATE CHAMBER
Tallahassee, Florida, April 15, 1947.
Honorable Thos. D. Beasley,
Speaker of the House of Representatives.
Sir-
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed-
S. B. No. 33-A bill be entitled An Act relating to the
salaries of each of the circuit judges of the Seventh Judicial
Circuit of Florida embracing Volusia, Flagler, Putnam and St.
Johns Counties and providing that a part of the salary of each



judge be paid from the general revenue fund of such counties
in the proportion that the population of each county bears to
the total population of such circuit as determined by the pre-
ceding state- or federal census, whichever shall be the later;
making the same a county purpose; making an annual ap-
lpropriation therefore; providing the effective date thereof and
repealing all laws in conflict herewith.
Proof of publication attached.
And respectfully requests the concurrence of the -House
therein.
Respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
And Senate Bill No. 33 contained in the above message, was
read the first time by its title and placed on the Local Calendar.
COMMITTEE REPORTS
April 15, 1947.
Mr. Dowda, Chairman of the Committee on Judiciary "B",
reported that the Committee had carefully considered the
following bill and recommends that it does not pass.
H. B. No. 45-A bill to be entitled An Act to amend Section
20, Chapter 20460, Laws of Florida, 1941, also denominated as
Section 914.20, Florida Statutes, 1941, relating to. the scope of
inquiry allowed to be had in any proceeding for extradition
that have been presented to the Governor .of the State of
Florida, so as to provide that when extradition is sought by
the Executive of another state of a person in the State of
Florida accused by the demanding state with having committed
an act.in the State of.Florida, intentionally resulting in a crime
in the demanding state, it shall be the duty of the Florida
court having jurisdiction of the accused person to upon Habeas
Corpus proceedings make due inquiry to determine whether or
not the accused, person did commit an act in the State of
Florida intentionally resulting in a crime in the demanding
state.
And House Bill No. 45, contained in the above report, was
laid on the table under the rule.
April 15, 1947
Mr. Wotitzky, Chairman of the Committee on Workmens
Compensation, reported that the Committee had carefully
considered the following bill and recommends it do not
pass, and the Governor's veto be sustained.
H. B. No. 577 (1945 Session)-An Act providing that under
the Florida Unemployment Compensation Law the affiliation
provisions thereof combining employing units shall not af-
filiate for the purposes of said law any employing units
directly or indirectly owned or controlled by any person,
firm or corporation.
And House Bill No. 577 (1945 Session), contained in the
above report, was placed on the Calendar of vetoed bills.
April 15, 1947
Mr. Morrow, Chairman of the Committee on Judiciary
"A", reported that the Committee had carefully considered
the following bill and recommends it do pass, as amended.
H. B. No. 14-A bill to be entitled An Act relating to the
recording of written orders, judgments and decrees in actions
at law and suits in equity.
Which amendments read as follows:
Amendment No. 1. In Section 1, line 3 of the bill, after
the word "equity," insert the following: "in any of the
several Courts of the State of Florida".
Amendment No. 2. At the end of the title strike out the
period and insert a comma and add the following words
"IN THE SEVERAL COURTS OF THE STATE OF FLORIDA".
And House Bill No. 14, contained in the above report, to-
gether with Committee Amendments thereto, was placed
on the Calendar of Bills on second reading.



April 15, 1947



JOURNAL OF THE HOUSE OF REPRESENTATIVES












JOURNAL OF THE HOUSE



Mr. Morrow, Chairman of the Committee on Judiciary
"A", reported that the Committee had carefully considered
the following bill and recommends it do pass, as amended.
H. B. No. 78-A bill to be entitled An Act amending Sec-
tion 732.44, Florida Statutes, as amended by Section 2, Chap-
ter 22783, Laws of Florida, Acts of 1945, relating to the
preference in appointment of administrator.
Which amendment reads as follows:
Amendment No. 1. At the end of sub paragraph 4, change
the period, to a comma and add the following: "nor any
person who is employed by or holds office under any judge
exercising probate jurisdiction".
And House Bill No. 78, contained in the above report,
together with Committee Amendment thereto, was placed
on the Calendar of Bills on second reading.
April 15, 1947.
Mr. Morrow, Chairman of the Committee on Judiciary "A,"
reported that the Committee had carefully considered the
following bills and recommends they do pass.
H. B. No. 63-A bill to be entitled An Act relating to the
practice of law and duly certificated attorneys at law, before
boards, bureaus and commission.
H. B. No. 110-A bill to be entitled An Act amending Sec-
tion 708.07, Florida Statutes 1941, relating to specific per-
formance by and against husband and wife of written agree-
ments to sell or convey the separate property of the wife or
to relinquish her right of dower in the property of her husband.
H. B. No. 102-A bill to be entitled An Act authorizing all
attorneys at law admitted to practice in the Supreme Court of
Florida and in good standing therein to transact and engage
in business as real estate brokers or real estate salesman and
to deal with real estate in every manner, and exempting such
attorneys at law from the purview and jurisdiction of the
Florida Real Estate Commission and all such regulatory bodies.
And House Bills Nos. 63, 110 and 102, contained in the above
report, were placed on the Calendar of Bills on second reading.
April 15, 1947.
Mr. Morrow, Chairman of the Committee on Judiciary "A",
reported that the Committee had carefully considered the
following bills and recommends they do not pass.
H. B. No. 26-A bill to be entitled An Act limiting the time
within which the former owner and others claiming by, through
or under him shall be permitted to bring suit, for the purpose
of questioning, litigating or contesting the title to land acquired
or conveyed by the counties, municipalities, drainage districts
and other political subdivisions and governmental units of
Florida or acquired by persons, firms, and corporations under
tax deeds and under deeds issued pursuant to foreclosure
decrees upon tax certificates, delinquent drainage taxes and
liens for taxes and improvements held by any political sub-
division or governmental unit.
H. B. No. 127-A bill to be entitled An Act amending Sec-
tion 732.44, Florida Statutes, 1941, as amended by Section 2,
Chapter 22783, Laws of Florida, Acts of 1945, relating to the
probate law of Florida and to preference in the appointment
of an administrator.
And House Bills Nos. 26 and 127, contained in the above
report, were laid on the table under the rule.



"OF REPRESENTATIVES April 15, 1947


April 15, 1947.
Mr. Morrow, Chairman of the Committee on Judiciary "A,"
reported that the Committee had carefully considered the
following bill and recommends that Committee Substitute for
House Bill No. 8 do pass.
H. B. No. 8-A bill to be entitled An Act amending Section
192.48, Florida Statutes, 1941, and to provide that the pro-
visions thereof shall be applicable to any deed executed pur-
suant to any tax foreclosure or tax forfeiture to satisfy a tax
lien and to any deed executed by the state, county, municipal-
ity or other subordinate taxing unit pursuant to any tax fore-
closure, tax forfeiture, or any other proceeding to satisfy a
tax lien.
The Committee recommends the following Committee Sub-
stitute for House Bill No. 8.
Committee Substitute for H. B. No. 8-A bill to be entitled
An Act amending Section 192.48, Florida Statutes, 1941, and
to provide that the provisions thereof shall be applicable to
any deed executed pursuant to any tax foreclosure or tax
forfeiture to satisfy a tax lien and to any deed executed by
the state, county, municipality, drainage district, or other
subordinate taxing unit pursuant to any tax foreclosure, tax
forfeiture, or any other proceeding to satisfy a tax lien.
And House Bill No. 8, contained in the above report, together
with Committee Substitute thereto, was placed on the Calendar
of Bills on second reading.
April 15, 1947.
Mr. Simpson, Chairman of the Committee on Appropriations,
reported that the Committee had carefully considered the
following bill and recommends it do pass.
H. B. No. 75-A bill to be entitled An Act appropriating
two million dollars ($2,000,000.00) from the general revenue
fund of the State of Florida for providing the State of Florida
with a fund in such amount to be transferred by the State of
Florida (by warrant upon requisition therefore by the Governor
to the State of Florida) to the United States of America for
use by the United States of America or the National Park
Service thereof in paying for the acquisition of privately owned
and other lands and interests within the Everglades National
Park area by the United States of America or the National
Park Service thereof, and in paying for the costs and ex-
penses required in connection with such acquisition; and
repealing all laws and parts of laws in conflict herewith.

And House Bill No. 75. contained in the above report, was
placed on the Calendar of Bills on second reading.
Mr. Martin moved that the rules be waived and that
Local Bill Session tonight be dispensed with and all Local
Bills be placed on the Calendar for consideration tomorrow
at the morning session.
Which was agreed to by two-thirds vote, and it was so
ordered.
Mr. Melvin moved that the rules be waived and that the
House do now adjourn.
Mr. Luckie offered a substitute motion that the rules be
waived and the House do now adjourn to reconvene at 11:30
A. M. tomorrow morning.
Which was agreed to by a two-thirds vote.
Thereupon, at the hour of 12:44 P. M., the House stood
adjourned until 11:30 tomorrow morning.













JOURNAL OF THE HOUSE OF REPRESENTATIVES


Wednesday, April 16, 1947



The House was called to order by the Speaker at 11:30
A. M.



The roll was called and
to their names:



Mr. Speaker
Akerman
Alexander
Andrews
Barnhill
Botts
Branch
Bronson
Bryant
Burnsed
Burton
Carraway
Camp
Crews
Clark, C. L.
Clement
Cobb, Tyn
Cobb, T. T.
Carter
Cook
Collins
Courtney
Davis



Dayton
Dekle
Dowda
Dunn
Elliott
Floyd
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hendry
Hethcox
Horne
Hough
Howell
Ingraham
Jenkins
Johnson
Kelly
Lantaff
Luckie
MacWilliam



A quorum present.

The following prayer was
Chaplain:



the following members answered



Martin Schuh
McAlpin Sellar
McClure Shepperd
McKendree Simpson
McKenzie Smith, J. S.
McMullen Smith, L. W.
Melvin Smith, M. B.
Merritt Smith, R. C.
Midyette Stewart
Moore Stirling
Morgan Stokes
Morrow Strayhorn
Murray Tapper
Odham Taylor
Oelkers Usina
Papy Wainwright
Peacock, J. T. Walton
Peacock, J. R. Williams, G. K.
Peeples Williams, VJ. J.
Potter Wilson
Roberts Wotitzky
Rowell Yeomans
Saunders


offered by the Reverend Hunter,



Eternal Christ, in Whom we live and move and have our
being, in Whose heart our sins are felt, our yearnings known,
cleanse us this day from every stain of sin, and grant us Thy
Purity, and Peace.
O, Lord, we pause to recognize Thee as the Supreme Ruler
of the Universe. We pray for Thy arm of protection to be
about these men and women who are the chosen leaders of
our great state. Give to our leaders that extra strength needed
for these strenuous days. Teach us that courage and strength
both grow with exercise, and that both are found in trusting
in Thee. In Jesus Name-Amen.
The Speaker announced that had excused Messrs. Clark
of Jackson and Drummond of Gilchrist, from attendance
upon the session for today, and Mr. Baker of Liberty, upon
the sessions for the remainder of the week.
The reading of the Journal was dispensed with.
The Journal for Tuesday, April 15, was corrected and, as
corrected, was approved.
Mr. Melvin asked unanimous consent of the House to add
Mr. Peacock of Jackson as co-introducer of House Bill No. 37.
Without objection, it was so ordered.
Mr. Simpson asked unanimous consent of the House to add
Mr. Gilmore of Suwannee as co-introducer of House Bill
No. 131.
Without objection, it was so ordered.
Mr. Simpson asked unanimous consent of the House to add
Messrs. Strayhorn of Lee, Stewart of Hendry, and Hendry of
Okeechobee as co-introducers of House Bill No. 94.
Without objection, it was so ordered.
Mr. Lantaff asked unanimous consent of the House to
withdraw his name as co-introducer of House Bill No. 102.
Without objection, it was so ordered.



Mr. Williams of Holmes asked unanimous consent of the
House to withdraw House Bill No. 128 from the Local Calen-
dar and refer it to the Committee on Public Roads.
Without objection, it was so ordered.
Mr. Williams of Holmes asked unanimous consent of the
House to withdraw House Bill No. 81 from the Local Calendar
and refer it to the Committee on Judiciary "A."
Without objection, it was so ordered.
Mr. McMullen moved that the rules be waived and that
the Committee on Education "A" be granted an extension of
14 additional days for further consideration of House Bills
Nos. 1, 42 and 58.
Which was agreed to by a two-thirds vote.
The following communications were received and read:
April 14, 1947.
Honorable Thomas D. Beasley,
Speaker of the House,
Tallahassee, Florida.
Dear Mr. Speaker:
I enclose:
(1) copy of letter written by the Secretary of War,
(2) his proposed Act, and
(3) copy of my reply to the Secretary's request.
I recommend that appropriate attention be given Secretary
Patterson's request.
Sincerely,
MILLARD F. CALDWELL,
Governor.
April 14, 1947.
Honorable Robert P. Patterson,
Secretary of War,
Washington, D. C.
Dear Mr. Secretary:
I have your letter of April 7 with the enclosures.
I am submitting copies of your letter and the proposed bill
to the President of the Senate and the Speaker of the House
with the recommendation that they be given appropriate at-
tention.
Sincerely,
MILLARD F. CALDWELL,
Governor.
WAR DEPARTMENT
Washington
April 7, 1947.
Honorable Millard F. Caldwell,
Governor of Florida,
Tallahassee, Florida.
Dear Governor Caldwell:
By proclamation dated 13 August 1945, the President with-
drew and reserved approximately 4,700 acres of land from
the Santa Rosa Island National Monument in Escambia
County, Florida, for use in connection with a military reserva-
tion officially designated Eglin Field. In order that this land
may be placed completely under the control of the Federal
Government, the War Department has determined that ex-
clusive jurisdiction should be obtained thereover.
Section 6.04, Florida Statutes, 1941, as adopted and enacted
as the statute law of Florida by the act of 11 June 1945 (chap.



69












70 JOURNAL OF THE HOU!


22858, Laws of Florida, 1945), permit the cession of jurisdic-
tion to the United States over lands reserved prior to 11 June
1945. However, as the 4,700 acres above mentioned were re-
served subsequent to this date, it will be necessary to secure
the enactment of special legislation ceding jurisdiction to the
United States over such lands unless section 6.04 is again
adopted and enacted during the 1947 session of the Florida
Legislature.
There is enclosed a draft of legislation designed to cede ex-
clusive jurisdiction to the United States over this area, which
is described therein. It will be noted that the proposed bill
contains the same conditions and reservations to the State of
Florida as are incorporated in the above-mentioned section
6.04. If the draft of bill meets with your approval, and if it is
not contemplated that the Florida Statutes, 1941, again be
adopted and enacted during the 1947 session of the legisla-
ture, it will be appreciated if you will use your good offices to
obtain its enactment into law during such session.-
Thank you very much for your cooperation in this matter.
Sincerely yours,
ROBERT P. PATTERSON,
Secretary of War.
An Act ceding exclusive jurisdiction to the United States over
certain lands in Escambia County, Florida, used in connection
with Eglin Field.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
Section 1. Whereas, there have been withdrawn and re-
served for use in connection with a military reservation offi-
cially designated Eglin Field certain lands formerly comprising
a part of the Santa Rosa Island National Monument in Escam-
bia County, Florida, more particularly described as follows:
Tallahassee Meridian
Fractional Sections 19 to 29, inclusive, Township 2 South,
Range 23 West;
Fractional Sections 19 to 24, inclusive, Township 2 South,
Range 24 West;
Fractional Sections 19 to 24 and 26 to 30, inclusive, Township
2 South, Range 25 West;
Fractional Sections 25, 26, and 27, Township 2 South, Range
26 West;
Containing 4,700 acres of land, more or less; and

Whereas, the existing laws of the State of Florida do not
provide for a cession of jurisdiction to the United States over
the said lands; therefore
The State of Florida hereby grants and cedes to the United
States of America exclusive jurisdiction over the above-
described lands so reserved, the United States to hold, use,
occupy, own, possess and exercise said jurisdiction over the same
for military purposes or defense and none other whatsoever;
Provided, always, That the cession aforesaid is granted and
made upon the express condition that this State shall retain
a concurrent jurisdiction with the United States in and over
the above-described lands and every portion thereof, so far
that" all process, civil or criminal, issuing under authority of
this State, or of any of the courts or judicial officers thereof,
may be executed by the proper officers thereof, upon any per-
son or persons amenable to the same, within the limits and
extent of the lands so ceded, in like manner and to like effect
as if this law had never been been passed; saving, however,
to the United States security t heir property within said
limits and extent, and exemption of the same, and of said
lands from any taxation under the authority of this State
while the same shall continue to be owned, held, used and
occupied by the United States for the purpose above expressed
and intended, and not otherwise. .
Sec. 2. This act shall become effective immediately upon
its passage and approval by the Governor, or upon its becoming



a law without such approval.
Which were read in full and referred to the Committee on
Executive Communications.



SE OF REPRESENTATIVES



April 16, 1947



INTRODUCTION OF HOUSE RESOLUTIONS
By Messrs..Stokes and Courtney of Bay-
House Resolution No. 5
MEMORIALIZING THE DEATH OF
FLETCHER ALTON BLACK
WHEREAS, the Honorable Fletcher Alton Black, a prom-
inent citizen, civic worker, business man and conscientious
legislator, of Panama City, Bay County, Florida, was called
forever from among us on the Fourteenth day of February,
1946, at his home in Panama City, Florida, which loss is
deeply felt by the people of his home county and throughout
the entire State of Florida; and,
WHEREAS, Fletcher, as he was affectionately known, was
held in high esteem by all who knew him, especially by those
with whom he served in the 1935 Session of the Legislature
of the State of Florida; and,
WHEREAS, Fletcher Alton Black, lived a useful and help-
ful life and was known for his generosity toward all people
of all walks of life; and,
WHEREAS, in the death of Fletcher Alton Black, the
City of Panama City, County of Bay and State of Florida,
have lost an esteemed citizen and a faithful friend;
NOW THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES OF THE STATE OF FLORIDA,
in regular Session that we take notice of the untimely
passing of one of our honored and most beloved members.

IN MEMORIAM-FLETCHER ALTON BLACK
Fletcher Alton Black was born in Troy, Alabama, on October
12th, 1883, was educated in the schools of Pike County, Ala-
bama and as a young man accepted employment with. the
Atlantic Coast Line Railroad as a telegrapher, and was later
advanced to the position of Chief Dispatcher with head-
quarters in Dothan, Alabama. He remained in this Alabama
city for several years, during which time he married Miss
Marie L. Hays, of Dothan, Alabama, who survives him.
About the year of 1913, Mr. Black, with his family, moved
to Panama City, where he accepted employment with the
Atlanta & Saint Andrews Bay Railway for a few months,
resigning his position with the Railway Company he entered
business for himself, Insurance and real estate, which he
carried on until his death.
Mr. Black served the city and county in several positions
of honor and trust; was a pioneer developer of Panama City
and Bay County, contributing greatly to the advancement
and progress of his city and county. He was a member of
the Presbyterian Church and Panama City Lodge No. 1598
B. P. O. Elks.
In the untimely passing of Fletcher Alton Black, Panama
City, Bay County and the State of Florida, lost one of their
most useful and valued citizens. He was generous in his
dealings with his fellow man, and rendered a great public
service to the people by his hospitality, charity, helpfulness
and understanding.
BE IT FURTHER RESOLVED, That copies of this Resolu-
tion, with the Memorial herein included as a part thereof,
be certified by the Secretary of State of the State of Florida,
under the Great Seal of the State of Florida, and be imme_
diately forwarded to the widow of the late Fletcher Alton
Black, the Mrs. Marie L. Black.
BE IT FURTHER RESOLVED, That a copy of this Resolu-
tion and Memorial included be spread upon a page of the
Journal of the House of Representatives of the State of
Florida, and made a! permanent record of this Legislature.
BE IT FURTHER RESOLVED, That a copy of this Resolu-
tion be furnished the Press.
Which was read in full.
Mr. Stokes moved the adoption of the House Resolution.
Which was agreed to and House Resolution No. 5 was
, adopted.










April 16 1947 JOURNAL OF THE HOUSE OF REPRES NTATWVES 71



Sou e Reolution P0o. 5
.": By: Messrs. Stokes and Courtney of Bay' -
"MEMORIALIZING THE DEATH OF FLETCHER ALTON BLACK
W .: WHEREAS, the Honorable Fletcher Alton Black, a prominent citizen
S civic .worker, business man and conscientious legislator, of Panama City, Bay
County, Florida, was called forever from among us on the Fourteenth day of
February, 1946, at his home iin Panama City, Florida, which loss is deeply
felt by the people of his home county and throughout the entire State of
"Florida; and,
WHEREAS, Fleteher, as he was affectionately known, w.as held in high ,
esteem by all who knew him, especially by those with whom he served in the
1935 Session of the Legislature of the State of Florida; and,
WHEREAS, Fletcher Alton Black, lived a useful and helpful life and
"was known for his generosity toward all people of all walks of life; and,
SWHEREAS, in the death of Fletcher Alton Black, the City of Panama
City, County of Bay and State of Florida, have lost an esteemed citizen ,,and,
a faithful friend;
NOW THEREFORE: BE IT RESOLVED BY TilE HOUSE OF REP-
RESENTATIVES OF THE STATE OF FLORIDA, in regular Session that
we take notice of the untimely passing of oie of our honored and most be-
loved members. '
IN .MEMORIAM- -FLETCHER ALTON BLACK
Fletcher Alton Black was born in Troy, Alabama, on. October 12th, 1883,
was educated in the schools of Pike County, Alabama and as a young man
S accepted employment with the Atlantic Coast Line Railroad as a telegrapher,
and was later advanced to the position of Chief Dispatcher with headquarters
in Dothan, Alabama. He remained in this Alabama city for several years,
during which time he married Miss Marie L. Hays, of Dolthan, Alabama,
who survives him. About the year of 1913, Mr. Black, with his family, moved
to Panama City, where he accepted employment with the Atlanta & Saint
A.ndrews Bay Railway for a few months, resigning his position with the Rail-
-way Company he entered business for himself, Insurance and real estate,
which he carried ion until his death.
Mr. Black served the city and county in several positions of honor. and
:trust; was a pioneer developer of Panama City and Bay County, contributing
greatly to the advancement and progress of his city and county.. He was a
S member of the Presbyterian Church and Panama City Lodge No. 1598, B. P. 0.
"Elks. In the untimely passing of Fletcher Alton Black, Panama City, Bay
County and the State of Florida, lost one of their most useful and -valued
citizens. He was generous in his dealings with his fellow man, and rendered
a great public service to the people by his hospitality, charity, helpfulness
and understanding.
-:BE IT.FURTHER RESOLVED, That copies of this Resolution, with
the Memorial herein included as a part thereof, be certified by the Secretary
of State of the State of Florida, under the Great Seal of the State of Florida,
an. d be immediately forwarded to the widow of the late Fletcher Altoin Black,: "
S he Mrs. Marie L. Black.. ..
BE IT FURTHER RESOLVED, That a copy of this. Resolution and .
Memorial included be spread upon a page of the Journal of the House of .Rep-
resentatives of the State of Florida, and made a permanent record of this Leg-
islature. : .
"BE IT FURTHER RESOLVED, That .i copy of this Resolutioni be fur-



I nished the Press......



I



q












JOURNAL OF THE HOUSI



By Messrs. Stokes and Courtney of Bay, and Tapper of Gulf-
House Resolution No. 6
MEMORIALIZING THE DEATH OF
HENRY H. McQUAGGE

WHEREAS, the Honorable Henry H. McQuagge, of Bay
County, Pananria City, Florida, a prominent citizens, a loyal
citizen and conscientious legislator, passed away at his home
in Panama City, Florida, on June 29, 1946; and
WHEREAS, the said Henry H. McQuagge's passing removed
from among us one of our best beloved citizens, and a faith-
ful friend; and,
WHEREAS, the said Henry H. McQuagge, born in Macon,
Georgia, September 22nd, 1889, moved to Bay County, Florida,
when a young man, moved from Bay to Gulf County, in 1924
and represented Gulf County in the 1925 Session of the
Florida Legislature, and soon thereafter returned to Bay
County, Florida, where he resided until his death, leaving
surviving him his widow and two sons.
WHEREAS, it is appropriate that this House make record
of the death of Henry H. McQuagge and pay fitting tribute
to his memory;
NOW THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES OF THE STATE OF FLORIDA,
That this House does hereby place upon its permanent record
this expression of bereavement at his demise.
BE IT FURTHER RESOLVED, That copies of this Reso-
lution be certified by the Secretary of the State of Florida,
under the Great Seal of the State of Florida, be immediately
forwarded to the bereaved family of the late Henry H. Mc-
Quagge.
BE IT FURTHER RESOLVED, That a copy of this Resolu-
tion be spread upon a page of the Journal of the House of
Representatives of the State of Florida and made a perma-
nent record of this Legislature.
BE IT FURTHER RESOLVED, That a copy of this Resolu-
tion be furnished the Press.
Which was read in full.
Mr. Stokes moved the adoption of the House Resolution.
Which was agreed to.
And House Resolution No. 6 was adopted.
INTRODUCTION OF HOUSE BILLS AND
JOINT RESOLUTIONS
By Messrs. Lantaff and Gautier of Dade, Wilson of
Columbia, Botts of Escambia and Oelkers of Dade---
H. B. No. 133-A bill to be entitled An Act relating to
betting, wagering and gambling on trials and contests of
skill, speed, power or endurance of man, machine or beast
in this State, including football, baseball, basketball and
other games, sports and athletic contests; to giving or ac-
cepting bribes and offering to give or accept bribes in con-
nection therewith or on the outcome thereof; and amending
Section 849.14, Florida Statutes, 1941, relating thereto.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
Mr. MacWilliam moved that House Bill No. 133 which
had been referred to the Committee on Judiciary "B" be
jointly referred to the Committee on Public Amusements.
Which was agreed to by a two-thirds vote.
And it was so ordered.
By Committee on Judiciary "B"-
H. B. No. 134-A bill to be entitled An Act in reference
to the exchange of land held by the Trustees of the Internal
Improvement Fund; in reference to reservations of oil, gas,
phosphate, and other minerals; in reference to conveyance
of land to the United States by said Trustees and to re-
taining the right of certain royalties therein.



E OF REPRESENTATIVES April 16, 1947


Which was read the first time by title and referred to the
Committee on Calendar without reference.
By Messrs. Cobb and Akerman of Orange, Saunders of
St. Lucie, Cobb of Volusia, Peacock of Jackson, Stokes and
Courtney of Bay, Stirling of Broward, Botts of Escambia,
Jenkins of Alachua, Elliott of Palm Beach, Smith and
Odham of Seminole, Camp and Bryant of Marion, Davis
of Gadsden, Hethcox of Lake, Yeomans of Citrus, Lantaff
and Oelkers of Dade, Ingraham of DeSoto, Dunn of Dixie,
Peeples of Glades, Johnson of Gadsden, Hardin of Manatee,
MacWilliam of Indian River, Shepperd and Usina of St.
Johns, L. W. Smith of Polk, Melvin of Santa Rosa, Mc-
Alpin of Hamilton, Burnsed of Baker, McKendree of Nassau,
Hawkins of Volusia, Dowda of Putnam, Floyd of Franklin,
Clark of Calhoun, Bronson of Osceola, Carraway of Leon,
Wilson of Columbia, Williams of Hernando, Cook of Flagler,
Wotitzky of Charlotte, Burton of Brevard, Fuqua of Manatee
and Martin of Hillsborough-
H. B. No. 135-A bill to be entitled An Act Relating To
Acquiring Sites For And Constructing and Equipping, En-
larging, Remodeling, and Improving Tuberculosis Sanatoria
by the State Tuberculosis Board and Making An Appropria-
tion Therefor.
Which was read the first time by title and referred to the
Committee on Appropriations.
By Messrs. Melvin of Santa Rosa and Tapper of Gulf-
H. B. No. 136-A bill to be entitled An Act amending Sec-
tion 477.21, Florida Statutes 1941, relating to disposition
of money received by the State Board of Beauty Culture,
by appropriating certain of said funds to the General Fund
of this State.
Which was read the first time by title and referred to the
Committee on Public Health.
By Mr. Wotitzky of Charlotte-
H. J. R, No. 137-A Joint Resolution proposing an amend-
ment to Article VIII of the Constitution of the State of Florida
relative to assessment of property for taxes and the collection
of taxes by adding thereto additional sections to provide that
the Legislature may enact a law or laws providing that the
County Assessors of Taxes in the several counties of the State
of Florida shall assess all property in their respective counties
for all State, county, school and municipal taxes levied by
the State, county, county school boards, school districts,
special tax school districts and municipalities in such counties,
and providing that the County Tax Collectors of the several
counties of the State shall collect, account for and disburse
taxes for the several taxing units within each of such counties.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
That the following amendment to Article VIII of the Consti-
tution of the State of Florida relative to the assessment and
collection of all taxes in the several counties of this State by
adding thereto additional sections to be known as Section 13
and Section 14, be and the same is hereby agreed to and shall
be submitted to the electors of the State of Florida for ratifica-
tion or rejection at the general election to be held on the first
Tuesday after the first Monday in November, 1948, as follows:
Section 13. 1. The Legislature may, at the Legislative Session
in 1949 and from time to time thereafter, enact a law or laws
providing that the County Assessor of Taxes in any or all of
the several counties of the State of Florida shall assess all
property within their respective counties for all State, county,
county school board, school districts, special tax districts and
municipalities.
2. The Legislature may further enact laws specifying the
powers, functions, duties and compensation of the County
Assessors of Taxes designated in paragraph 1 of this Section
13, and may likewise provide by law for the extension on the
assessment rolls of said County Tax Assessors of all taxes levied
by the State, county, county school board, school districts,
special tax districts and municipalities.



Section 14. 1. The Legislature may, at the Legislative Session
in 1949 and from time to time thereafter, enact a law or laws
providing that the County Tax Collectors in any or all of the
several counties of the State of Florida shall collect all taxes











April 16, 1947 JOURNAL OF THE HOUSE OF REPRESENTATIVES 73














Souve resolution jo. 6



By Messrs. Stokes and Courtney of Bay, and Tapper of Gulf

MEMORIALIZING THE DEATH OF HENRY H. McQUAGGE


WHEREAS, the Honorable Henry H1. McQuagge, of Bay County, Panama
City, Florida, a prominent citizen, a loyal citizen and conscientious legislator,
passed away at his home in Panama City, Florida, on June 29, 1946; and
WHEREAS, the said Henry H. McQuagge's passing removed from among
us one of our best beloved citizens, and a faithful friend; and,
WHEREAS, the said Henry H. McQuagge, born in Macon, Georgia,
September 22nd, 1889, moved to Bay County, Florida, when a young man,
moved from Bay to Gulf County, in 1924 and represented Gulf County in
the 1925 Session of the Florida Legislature, and soon thereafter returned to
Bay County, Florida, where he resided until his death, leaving surviving
him his widow and two sons.
WHEREAS, it is appropriate that this House make record of the death
of Henry H. McQuagge and pay fitting tribute to his memory;
NOW THEREFORE: BE IT RESOLVED BY THE HOUSE OF REP-
RESENTATIVES OF THE STATE OF FLORIDA, that this House does
hereby place upon its permanent record this expression of bereavement at
his demise.
BE IT FURTHER RESOLVED, That copies'of this Resolution be certified
by the Secretary of the State of Florida, under the Great Seal of the State
of Florida, be immediately forwarded to the bereaved family of the late
Henry H. McQuagge.
BE IT FURTHER RESOLVED, That a copy of this Resolution be spread
upon a page of the Journal of the House of Representatives of the State of
Florida and made a permanent record of this Legislature.



BE IT FURTHER RESOLVED, That a copy of this Resolution be fur-
nished the Press.



I II _ _ : .













74 JOURNAL OF THE HOU!

levied in their respective counties, for all.State, County, County..
School Board, School Districts, Special tax districts and
Municipalities; and in the event any such law is enacted,
shall likewise provide for the collection, care, custody, report-
ing and disbursement of all taxes so collected.
2. The Legislature may further enact laws specifying the
powers, functions, duties and compensation of the County Tax
Collectors designated in paragraph 1 of this section 14.
Which was read in full and referred to the Committee on
Constitutional Amendments.
By Mr. Dayton of Pasco-
H. B. No. 138-A bill to be entitled An Act making it un-
lawful for horses, asses, mules, cattle, swine, sheep, goats
and other livestock and grazing animals (not including dogs)
to run or roam at large in Pasco County, Florida; providing: for
the impounding of livestock found running. or roaming at
large in violation of this Act; providing impounding fees
and for the collection thereof; providing for the sale or
other disposition of impounded livestock; providing for the
appointment of an impounding officer or officers and the
payment of his or their salary and expenses from public
funds; making the owner of livestock ;running" or roaming
at large in violation of this Act liable for all injuries caused
either directly or indirectly by such livestock while run-
ning or roaming at large in violation of.this Act;: providing
that this Act shall take effect on June 1, 1947 as to all
livestock usually maintained and kept in Pasco County,
Florida; and providing that this Act shall take effect as to
livestock customarily kept and maintained in other coun-
ties but straying into Pasco County from other counties as
soon as the fence herein authorized is built and constructed;
authorizing the County Commissioners of Pasco County,
Florida, to fence the boundary lines of said county out of
public funds; authorizing the County Commissioners of
Pasco County, Florida to provide, construct or establish
impounding pens for the keeping of livestock taken or im-
pounded hereunder and authorizing them to expend public
monies in order to keep, maintain, construct and establish
such impounding pens; providing that it shall be a mis-
demeanor, punishable according to law, for any owner of
such livestock to willfully allow such livestock to run or
roam at large in violation of this Act; and repealing all laws
or parts of laws in conflict herewith.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Mr. Tapper of Gulf--
H. B. No. 139-A bill to be entitled An Act to fix and pro-
vide for the compensation of members of the Boards of
County Commissioners in all counties in the State of Florida
having a population of not less than six thousand nine hun-
dred (6900) and not more than eight thousand (8000), ac-
cording to the official State Census of 1945; and legalizing,
ratifying, confirming and validating the payment of com-
pensation heretofore made or paid to the members of said
Boards of County Commissioners; and, repealing all laws
in conflict with this act.
Which was read the first time by title and referred to the
Committee on Census and Apportionment.
By Messrs. Johnson of Gadsden, Dayton of Pasco, Saun-
ders of St. Lucie, Stirling of Broward, Strayhorn and Hough
of Lee, Wilson of Columbia, Howell of Lafayette, Clark of
Calhoun, Floyd of Franklin, Alexander of Wakulla, Mc-
Clure of Pinellas, McKendree of Nassau, McAlpin of Hamil-
ton and Botts of Escambia-



H. B. No. 140-A bill to be entitled An Act relating to
the protection and improvement of forest lands and en-
couraging reforestation of denuded, understocked and sub-
marginal lands in the State of Florida; declaring the policy
of the State in connection therewith; defining certain terms;



S



February in every year, rather than every year in the same
month after the time for election of the first Board of Super-
visors.
Proof of Publication of Notice attached to the above bill.



;E OF REPRESENTATIVES April 16, 1947

setting forth the. duties and powers -of the Florida Board
of Forestry and Parks; creating an Advisory County For-
estry Committee in each county and providing for its ap-
pointment and authorizing the Board of County Commis-
sioners to recommend persons for membership on the com-
mittee; making an appropriation to carry out the terms of
this act; and repealing all laws in conflict herewith, in-
cluding specifically Sections 125.23 to 125.29, inclusive of
Florida Statutes 1941 as amended.
Which was read the first time by title and referred to the
Committees on Forestry, Lumber & Naval Stores and Appro-
priations.
By Messrs. Smith and Odham of Seminole-
H. B. No. 141-A bill to be entitled An Act to amend
Section 16 of Chapter 10950, Special Acts of Regular Ses-
sion of 1925, Laws of Florida, entitled: "An Act to estab-
lish, organize and constitute a municipality to be known
and designated as the Town of Oviedo, and to define its
territorial boundaries, and to provide for its jurisdiction,
government, powers and privileges", by amending said Sec-
tion 16 relating to the powers of the Town Council by add-
ing thereto a clause specifically authorizing the Town Coun-
cil to grant franchises for public utilities and limiting the
granting of all such franchises to a period not exceeding
ten (10) years.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Carter and Jenkins of Alachua-
H. B. No. 142-A bill to be entitled An Act relating to
the compensation of the County Judge for services per-
formed in suits or proceedings and in criminal cases be-
fore the County Judge's Court in all counties of the State
having a population of not less than 38,500 and not more
than 38,700 according to the official Federal Census of
1940.
Which was read the first time by title and referred to the
Committee on Census and Apportionment.
By Messrs. Carter and Jenkins of Alachua-
H. B. No. 143-A bill to be entitled An Act providing
that in all counties having a population of not less than
38,500 and not more than 38,700 according to the Federal
Census of 1940, it shall at all times be lawful to have in
possession, buy, sell, offer for sale or transport any and
all species of salt water fish or the roe thereof.

Which was read the first time by title and referred to the
Committee on Census and Apportionment.

By Mr. Cook of Flagler-
H. B. No. 144-A bill to be entitled An Act to regulate
public utilities in the furnishing to others of private wire
service and other similar service for the dissemination of
information to regulate the use of such services and pro-
hibit the use of same for gambling purposes, and to pro-
vide remedies and penalties for the enforcement thereof.

Which was read the first time by title and referred to the
Committee on Railroads, Telegraph and Telephones.

By Mr. Saunders of St. Lucie-

H. B. No. 145-A bill to be entitled An Act authorizing the
Board of Supervisors of the Fort Pierce Farms Drainage Dis-
trict to call a meeting of the land owners in said district during













JOURNAL OF THE HOUSE



The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Committee on Education "A"-
H. B. No. 146-A bill to be entitled An Act relating to educa-
tion: to amend Sections 228.15; 228.16; 228.19; 229.23; 230.04;
230.06; 230.08; 230.09; 230.10; 230.25; 230.30; 230.34; 230.44;
231.02; 231.10; 231.11; 231.14; 231.16; 231.17; 231.18; 231.36;
231.40; 231.42; 232.01; 232.38; 236.01; 236.02; 236.03; 236.04,
as amended by Section 1 of Chapter 22537, Laws of Florida,
Acts of 1945; 236.05; 236.07; 236.08; 236.09; 236.13; 236.15;
236.18; 236.61; 236.62; 239.19; 239.20; 239.22; 239.24; 242.02;
242.05; as amended by Section 1 of Chapter 22518, Laws of
Florida, Acts of 1945; 242.17; 242.41; 242.42; and 242.43, Flor-
ida Statutes of 1941, as amended; and Sections 4, 6, 7, and 8
of Chapter 22944, Laws of Florida, Acts of 1945; and to repeal
Sections 230.07; 231.08; 231.19; 231.21; 235.22; 236.06; 236.10;
236.11; 236.12; 236.16; 236.60; 236.63; 236.64; 236.65; 236.66;
236.67; 240.12; 242.03; 242.15; 242.16; 242.18; and 242.44, Flor-
ida Statutes of 1941, as amended.
Which was read the first time by title and referred to the
Committee on Appropriations.
Mr. McMullen moved that 300 copies of House Bill No. 146
be printed or mimeographed for the information of the Mem-
bers of the House.
Which was agreed to and it was so ordered.
By Messrs. Branch, Martin and McMullen of Hillsborough--
H. B. No. 147-A bill to be entitled An Act authorizing and
empowering the Board of County Commissioners of Hills-
borough County, Florida, to appraise and fix annually the
value of all county owned lands acquired for delinquent taxes,
without regard to last assessed value and to prescribe pro-
cedure where such lands are within corporate limits of a
municipality.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Branch, Martin and McMullen of Hillsborough-
H. B. No. 148-A bill to be entitled An Act authorizing and
empowering the Board of County Commissioners of Hills-
borough County, Florida, to compromise, adjust and settle pav-
ing certificates held and owned by said county upon real estate
and issued under provisions of Chapter 10145, Laws of Florida,
1925, and to provide the method of effecting such compromise,
adjustment and settlement and the minimum basis thereof.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Branch, Martin and McMullen of Hillsborough-
H. B. No. 149-A bill to be entitled An Act authorizing and
empowering the Board of County Commissioners of Hills-
borough County, Florida, to compromise, adjust, settle and
cancel any outstanding and unpaid Bayshore Seawall assess-
ments, together with any and all penalties, interest and fees
thereon, made under Chapter 9470, Laws of Florida, Acts 1923
Legislature as amended by Chapter 12851, Laws of Florida,
Acts 1927 Legislature, and Chapter 14107, Laws of Florida, Acts



1929 Legislature, upon terms and conditions to be fixed anDl
determined by said board of county commissioners but in no



April 16, 1947



lic roads and road rights of way as herein defined, for
drainage purposes.

Proof of Publication of Notice attached to the above bill.



E OF REPRESENTATIVES 75

event upon less than (3%) three percent of the unpaid princi-
pal of any such assessment.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article III
of the Constitution, has been established in this Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Branch, Martin and McMullen of Hillsborough-
H. B. No. 150-A bill to be entitled An Act authorizing and
empowering the Board of County Commissioners of Hillsbor-
ough County, Florida, to compromise, adjust and settle paving
certificates held and owned by said county, upon real estate,
and issued under provisions of Chapter 13591, Laws of Florida
1929, and to provide the method of effecting such compromise,
adjustment and settlement and the minimum basis thereof.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article III
of the Constitution, has been established in this Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Branch, Martin and McMullen of Hillsborough-
H. B. No. 151-A bill to be entitled An Act authorizing, em-
powering and directing the Board of County Commissioners
of Hillsborough County, Florida, to cancel of record any im-
provement liens held and owned by said county against or
upon any real property the title to which heretofore or here-
after vests in said county under the provisions of Chapter
22079, Laws of Florida, Acts 1943 Legislature, including but
not restricted to Bayshore Seawall assessments made under
Chapter 9470, Acts 1923 Florida Legislature, as amended, pav-
ing certificates or liens under Chapter 9316, Acts 1923 Florida
Legislature, paving liens under Chapter 10140, Acts 1925 Florida
Legislature, and paving certificates or liens under Chapter
10145, Acts 1925 Florida Legislature.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article III
of the Constitution, has been established in this Legislature.

And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.

By Messrs. Martin, Branch and McMullen of Hillsborough-

H. B. No.152-A bill to be entitled An Act authorizing and
empowering the Board of County Commissioners of Hillsbor-
ough County, Florida, to compromise and settle liens and as-
sessments now held and owned by said county, upon real estate,
and issued under provisions of Chapter 10140, Laws of Florida
1925, and to cancel and discharge unpaid interest and penal-
ties thereon, and to provide the method of effecting such com-
promise and settlement, and the minimum basis of such com-
promises.
Proof of Publication of Notice attached to the above bill

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

And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.

By Messrs. Martin, Branch and McMullen of Hillsborough-

H. B. No. 153-A bill to be entitled An Act authorizing
and empowering the Board of County Commissioners of
Hillsborough County, Florida to use and utilize county pub-













76 JOURNAL OF THE HOU!


The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Mr. Stokes of Bay-
H. B. No. 154-A bill to be entitled An Act to amend
Section 21.05, Florida Statutes 1941, to require the State
Auditor of State of Florida to audit the office, books and
records of all county officers of the State of Florida who
are defeated for renomination in the primary elections, or
who do not run for renomination in the primary elections;
said audit to be completed before the time for the succes-
sor to any such officer to take office; and to provide that
such audit shall be final as to such officers.
Which was read the first time by title and referred to the
Committee on Judiciary "A".
By Messrs. Stokes and Courtney of Bay-
H. B. No. 155-A bill to be entitled An Act relating to
the Compensation of the Clerks of the Circuit Court for
services performed in Suits or proceedings before the Cir-
cuit Courts in all Counties in the State of Florida, having
a population of more than 43,000 and less than 48,000, ac-
cording to the Seventh Census of the State of Florida of
1945.
Which was read the first time by title and referred to the
Committee on Census and Apportionment.
By Mr. Stokes of Bay-
H. B. No. 156-A bill to be entitled An Act amending
Sections 98.22, 98.23, 98.30, 98.32, 98.33, 98.34, 98.35, 98.37,
98.39 and 98.41, Florida Statutes, 1941, and repealing Sec-
tions 98.16, 98.24 and 98.27, Florida Statutes, 1941, relating
to the qualification and registration of voters, registration
and election districts and the duties of stated public of-
ficials with respect thereto; repealing all laws and parts
of laws in conflict herewith, except provisions of local,
special, or population laws applicable to a single or limited
group of counties, and which provisions are in conflict
herewith; and fixing the effective date of this act.
Which was read the first time by title and referred to the
Committee on Elections.
By Mr. Stokes of Bay-
H. B. No. 157-A bill to be entitled An Act to amend Sec-
tions 99.02, 99.21 and 99.46 Florida Statutes, 1941, relating
to the holding of elections and ascertaining the results
thereof; repealing all laws and parts of laws in conflict
herewith, except provisions of local, special or population
laws applicable to a single or limited group of counties,
and which provisions are in conflict herewith; and fixing
the effective date of this Act.
Which was read the first time by title and referred to the
Committee on Elections.
By Mr. Stokes of Bay--
H. B. No. 158-A bill to be entitled An Act to amend Sec-
tions 100.11, '100.26, 100.34 and 100.42, Florida Statutes,
1941, related to the use of voting machines in elections;
repealing all laws and parts of laws in conflict herewith,
except provisions of local, special or population laws ap-
plicable to a single or limited group of counties, and which
provisions are in conflict herewith; and fixing the effective
date of this Act.
Which was read the first time by its title and referred to the
Committee on Elections.
By Mr. Stokes of Bay--



H. B. No. 159-A bill to be entitled An Act repealing Sec-
tions 101.11 to 101.19, both inclusive, Florida Statutes, 1941,
relating to absentee voting of electors in the armed forces
of the United States, absent from this State, and rules and



S1



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



E OF REPRESENTATIVES April 16, 1947


regulations pertaining thereto; and fixing the effective date
of this Act.
Which was read the first time by title and referred to the
Committee on Elections.
By Mr. Stokes of Bay-
H. B. No. 160-A bill to be entitled An Act amending Sec-
tions 102.11, 102.17, 102.19, 102.21, 102.24, 102.25, 102.46
and 102.48, Florida Statutes, 1941, relating to primary elec-
tions; repealing all laws and parts of laws in conflict here-
with, except provisions of local, special or population laws
applicable to a single or limited group of counties and which
provisions are in conflict herewith; and fixing the effective
date of this Act.
Which was read the first time by title and referred to the
Committee on Elections.
By Mr. Stokes of Bay-
H. J. R. No. 161-A joint resolution proposing to amend
Section Nineteen of Article IV of the Constitution of the
State of Florida relating to the officer upon whom shall
devolve the powers and duties of Governor in the event
of the death of the Governor, his removal from office,
resignation or inability to discharge his official duties and
to provide for the succession thereafter, and also to pro-
vide for an election to fill the office within 90 days after
such vacancy occurs.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment to Section 19 of Article
IV of the Constitution of the State of Florida be, and the
same is hereby agreed to, and the same shall be submitted
to the qualified electors of the State of Florida for ratifica-
tion or rejection at the next ensuing general election, that
is to say: That Section 19 of Article IV of the Constitu-
tion of the State of Florida, be amended to read as follows:
"Section 19. In case of the death of the Governor, his
removal from office, resignation or inability to discharge
his official duties (except inability during impeachment
proceedings), the powers and duties of the Governor shall
devolve upon the Secretary of State until the disability
shall cease or until a successor be elected, except that in
the event a successor to the Governor has been elected,
such successor shall, immediately upon qualifying therefore,
assume the powers and duties of Governor; and in case
of the impeachment, removal from office, death, resigna-
tion, or inability to discharge his official duties of any
officer exercising the powers and duties of Governor, the
powers and duties of the office shall devolve upon the
ranking cabinet officer in the order listed in Section 20
of Article IV of this Constitution. It shall be mandatory
for any officer, immediately upon assuming the powers and
duties of Governor, except in case of temporary disability
of the Governor, to call an election, to be held not later
than ninety days thereafter, in which election the registered
voters of the state shall elect a Governor for the unex-
pired term; provided, however, that it shall not be neces-
sary to call a special election if a general election is to
be held within such time, or if a successor to the Governor
has already been elected and is capable of qualifying for
the office."
Which was read in full and referred to the Committee on
Constitutional Amendments.
By Messrs. Stokes and Courtney of Bay-
H. B. No. 162-A bill to be entitled An Act to authorize the
Board of County Commissioners of Bay County to levy a special
tax of one (1) mill upon all property, real or personal, subject
to taxation in Bay County, and to authorize the collection of
such special tax and to appropriate the money derived from
the levy and collection of such tax.
Proof of Publication of Notice attached to the above bill.













JOURNAL OF THE HOUSE



And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Mr. Midyette of Leon-
H. B. No. 163-A bill to be entitled An Act to define or to
provide for the determination of unfair methods of competition
and unfair or deceptive acts or practices in the insurance busi-
ness; to prohibit such acts and practices; to provide for the
enforcement of this Act by the Insurance Commissioner after
hearings by cease and desist orders; to provide for appeals
from the findings and orders of the Commissioner; to provide
penalties for the violation of this Act.
Which was read the first time by title and referred to the
Committee on Insurance.
By Mr. Simpson of Jefferson-
H. B. No. 164-A bill to be entitled An Act fixing the per
diem and traveling expenses of State officers and employees
when traveling on State business.
Which was read the first time by title and referred to the
Committee on Judiciary "B".
By Messrs. Roberts of Brevard, Gilmore of Suwannee and
Floyd of Franklin--
H. B. No. 165-A bill to be entitled An Act relating to the
publication of official public notices and legal advertisements
and the amounts to be charged therefore: amending Chapter
49.06, Florida Statutes 1941, being the same as Section 4668 of
the Compiled General Laws of Florida, 1927.
Which was read the first time by title and referred to the
Committee on Public Printing.
By Messrs. Andrews of Union and Wainwright of Bradford-
H. B. No. 166-A bill to be entitled An Act to amend Section
952.07, Paragraphs 2 and 3, Florida Statutes 1941, relating to
working of State convicts and the employment of captains and
guards over said convicts.
Which was read the first time by title and referred to the
Committee on State Prisons and Convicts.
By Mr. Branch of Hillsborough-
H. B. No. 167-A bill to be entitled An Act amending Sub-
section (2) of Section 501.13, Florida Statutes, 1941, relating
to order by Milk Commission fixing price of milk, to provide
that, in fixing retail price of milk sold by retail grocery stores,
or other retail establishments, the Commission shall take into
account the average cost of doing business in such stores and
establishments.
Which was read the first time by title and referred to the
Committee on Public Health.
By Messers. Wilson of Columbia. Tapper of Gulf, Carter of
Alachua, Lantaff of Dade, Lisle W. Smith of Polk, Botts of
Escambia, Schuh and McClure of Pinellas, Cobb and Hawkins
of Volusia, Bryant of Marion, Williams of Hernando, Stray-
horn of Lee, MacWilliam of Indian River, Floyd of Franklin,
Moore of Highlands, Smith of Clay, Branch of Hillsborough,
Dayton of Pasco, Sellar of Lake, Courtney of Bay, Wainwright
of Bradford, Yeomans of Citrus, Ingraham of DeSoto, Melvin
of Santa Rosa, Morrow of Palm Beach and Odham of
Seminole-
H. B. No. 168-A bill to be entitled An Act relating to the
employment and discharge of veterans by the State of Florida,
its officers, boards, commissions, agencies, political subdi-
visions, or municipalities thereof, providing for priority to
be given veterans seeking employment and their right of
redress.
Which was read the first time by title and referred to the
Committee on Veterans and Military Affairs.

By Mr. Stokes of Bay-

H. J. R. No. 169-A Joint Resolution proposing an amend-
ment of Section 1 of Article XVII of the Constitution of the
State of Florida relating to the method of amending the
Constitution.



April 16, 1947



tions 99.18, 99.19 and 100.07 of the Florida Statutes, 1941 with
reference to the form of ballots to be used in elections.
Which was read the first time by title and referred to the
Committee on Elections.



E OF REPRESENTATIVES 77


BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Section 1 of Article XVII
of the Constitution of the State of Florida, relating to the
method of amending the constitution, be and the same is
hereby agreed for approval or rejection at the next general
election to be held in 1948; that is to say, that Section 1 of
Article XVII of the Constitution of the State of Florida be
amended to read as follows:
Section 1. Method of amending constitution.-
Either branch of the Legislature, at a regular session
thereof, may propose amendments to this constitu-
tion; and if the same be agreed to by three-fifths of
all the members elected to each house, such proposed
amendments shall be entered upon their respective
journals with the yeas and nays, and published in one
newspaper in each county where a newspaper is pub-
lished, for three months immediately preceding the
next general election of representatives, at which elec-
tion the same shall be submitted to the electors of
the state, for approval or rejection. If a majority of
the electors voting upon the amendments at such
election shall adopt the amendments, the same shall
become a part of the constitution; provided, however,
that if the proposed amendments are not such as di-
rectly affect the whole state, but only one county
thereof, said amendments shall be published in one
county-wide newspaper for three months immediately
preceding a special referendum election to be called
and held in the county affected in accordance with a
provision therefore contained in such proposed amend-
ment, and submitted to the electors of such county
affected for approval or rejection. If a majority of
the electors voting upon the amendments at such
special referendum election shall adopt the amend-
ments, the same shall become a part of the constitu-
tion. All proposed amendments shall be so submitted
as to enable the electors to vote on each amendment
separately.

Which was read in full and referred to the Committee on
Constitutional Amendments.

By Messrs. Gautier, Oelkers and Lantaff of Dade, Collins of
Sarasota and Clement of Pinellas-
H. B. No. 170-A bill entitled An Act to establish the Florida
Children's Commission; to provide for the appointment and
qualifications of the members thereof, their terms of office
and their powers and duties; to create county committees to
-cooperate with the Florida Children's Commission, and pro-
vide for the appointment, terms of office and powers and
duties of the members; to authorize the selection of an execu-
tive secretary, and to prescribe the qualifications, duties and
compensation of this office and any assistants; and to provide
for and to appropriate monies to defray the expenses of the
commission.

Which was read the first time by title and referred to the
Committees on Judiciary "B" and Appropriations.
By Mr. Murray of Polk-
H. B. No. 171-A bill to be entitled An Act relating to the
'attestation and acknowledgment and certification of acknowl-
edgment of deeds, contracts, mortgages, assignments of mort-
gage, satisfactions of mortgage and of any other instrument
required by law to be acknowledged as a part of the execution
thereof or as a condition precedent to being recorded.
Which was read the first time by title and referred to the
Committee on Judiciary "A."
By Messrs. Murray, L. W. Smith and R. C. Smith of Polk,
and Stokes of Bay-
H. B. No. 172-A bill to be entitled An Act to amend Sec-













JOURNAL OF THE HOUSI



By Mr. Luckie of Duval-
H. B. No. 173-A bill to be entitled An Act amending Sec-
tion 464.02, 464.04, 464.07, 464.08, and 464.09 Florida Statutes
of 1941 of Chapter 464 entitled and relating to nursing.
Which was read the first time by title and referred to the
Committee on Public Health.
Mr. Mr. Martin of Hillsborough-
H. B. No. 174-A bill to be entitled An Act to fix the
compensation and salary to be paid the Probation and
Parole Officer, or supervisor, of the Criminal Court of Rec-
ord of Hillsborough County, Florida; providing for an as-
sistant to said Probation and Parole Officer, or Supervisor,
and fixing his salary and expenses; providing for two sten-
ographers and fixing their compensation; providing for the
payment of office rental and office expenses; providing for
the payment of automobile expenses, maintenance, upkeep
and repairs; and providing that all of said moneys shall
be paid by Hillsborough County, Florida, and repealing all
laws in conflict herewith.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Murray, L. W. Smith and R. C. Smith of
Polk-
H. B. No. 175-A bill to be entitled An Act relating to the
adoption of an adult, whether married or single, by an
adult married couple, or the survivor thereof, prescribing
the jurisdiction of Circuit Courts with reference thereto
and providing the procedure therefore.
Which was read the first time by title and referred to the
Committee on Judiciary "A."
By Mr. Papy of Monroe-
H. B. No. 176-A bill to be entitled An Act for the relief
of Mizpah M. Saunders.
Which was read the first time by its title and referred to
the Committee on Claim and State Pensions.
By Messrs. Clement, Schuh and McClure of Pinellas-
H. B. No. 177-A bill to be entitled An Act authorizing
the City of Tarpon Springs, Florida to sell and convey
certain real estate owned by the City of Tarpon Springs
and providing for the effective date of this act and for a
referendum.
Which was read the first time by title and placed on the
Local Calendar.
By Mr. Papy of Monroe-
H. B. No. 178-A bill to be entitled An Act providing that
all surplus lands, the title of which is held by the Over-
seas Road and Toll Bridge District, which lands lie out-
side of the right of way of State Road 5, U. S. Highway 1,
shall upon the liquidation of the entire bonded indebted-
ness of said District vest in Monroe County; providing that
said lands shall never be sold but shall be held and used
for public purposes except that short term leases may be
made covering parcels of said land to private persons in
certain instances.
Which was read the first time by its title.
Mr. Papy moved that the rules be waived and House
Bill No. 178 be placed on the Calendar without reference.
Which was agreed to by a two-thirds vote, and it was
so ordered.
By Mr. Simpson of Jefferson--



H. J. R. No. 179-A joint resolution proposing the amend-
ment of Section 4, Article III of the Constitution of the



E OF REPRESENTATIVES April 16, 1947

State. of Florida relating to the eligibility of members of
the Legislature, their compensation and remuneration.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. That the following amendment to Section
4, Article III of the Constitution of the State of Florida
relating to the eligibility of members of the Legislature,
their compensation and remuneration, is hereby agreed to
and shall be submitted to the electors of the State of
Florida for ratification or rejection at the next general
election to be held in November, 1948; that is to say that
Section 4 of Article III of the Constitution of the State
of Florida shall be amended and as amended shall read as
follows:
"Section 4. The compensation paid to members of the
Senate and House of Representatives shall be ten dollars
per day for each day of the session. In addition to their
compensation, they shall be paid for subsistence during
any legislative session and transportation expense the amount
allowed by law to other state officers. Transportation ex-
pense shall not exceed four round trips from the legal place
of residence to the Capitol."
Which was read in full and referred to the Committee on
Constitutional Amendments.
CONSIDERATION OF VETOED BILLS OF
THE 1945 SESSION
H. B. No. 577 (1945 Session)-An Act providing that under
the Florida Unemployment Compensation Law the affiliation
provisions thereof combining employing units shall not affil-
iate for the purposes of said law any employing units directly
or indirectly owned or controlled by any person, firm or
corporation.
Was taken up together with the following Veto Message:
June 7, 1945.
Honorable R. A. Gray
Secretary of State
CAPITOL
Dear Sir:
Pursuant to authority vested in me as Governor of Flor-
ida under the provisions of Section 28, Article III of the
Constitution of Florida, I herewith transmit to you, with
my objections, House Bill No. 577 enacted by the Legislature
of 1945 and entitled:
"An Act providing that under the Florida Unem-
ployment Compensation Law the affiliation pro-
visions thereof combining employing units shall not
affiliate for the purposes of said law any employing
units directly or indirectly owned or controlled by
any person, firm or corporation."
The above Act is one apparently designed by its author to
amend Section 443.03 (7) (d) of the Florida Unemployment
Compensation Law, although no specific mention is made
therein to the particular section of the law sought to be
changed. The effect of this Act would be the nullification
of the present provision that "any employing unit which,
together with one or more employing units, is owned or
controlled (by legally enforceable means or otherwise, di-
rectly or indirectly) by the same interests or by husband
and wife, or which owns or controls one or more other
employing units or a majority of the voting stock of one or
more corporations (by legally enforceable means or other-
wise), and which is treated as a single unit with such other
employing units, or interests, or both" shall be deemed a
single employer under the Florida Unemployment Compensa-
tion Law. By this provision a corporation, and individuals
doing business with such corporation and likewise controlling
it, are grouped together as a single employer and their
respective employees thus receive the benefits of the unem-



ployment compensation statute, whereas otherwise such em-
ploying units might be broken down into separate units for
the purpose of evading the provisions of the Unemployment
Compensation Law.
In my opinion the change attempted is unwise and this
particular Act is unconstitutional in view of the require-















ments of the Constitution of Florida relating to the amend-
ment or revision of a law or section thereof without re-
enacting and publishing same at length. See Section 16,
Article III, Constitution of Florida.
The Chairman of the Industrial Commission advises me
that there have been no representations from the public
generally indicating any dissatisfaction with the classifi-
cation of employers as established under the provisions of
Section 443.03 (7); he advises, further, that in so far as a
search of his records indicates there is only one employer
in Florida who has objected to such a classification and who,
therefore, might be benefitted by this Act.
For the above and foregoing reasons, I, therefore, with-
hold my approval of House Bill No. 577, Legislative Session
1945, and do hereby veto the same.
Respectfully,
Millard F. Caldwell,
Governor.
Which was read.
The question recurred on the passage of House Bill No. 577
of the 1945 Session.
Pending consideration thereof--
Mr. Martin moved that House Bill No. 577 of the 1945
Session be re-referred to the Committee on Workmen's
Compensation.
Mr. Morrow moved that the motion as offered by Mr.
Martin be laid on the table.
Which was agreed to, and the motion as offered by Mr.
Martin was laid on the table.
Mr. Simpson moved that the rules be waived and the
time of adjournment be extended to 1:10 P. M.
Which was agreed to by a two-thirds vote.
Mr. Collins moved the previous question on the passage
of House Bill No. 577 of the 1945 Session.
Which was agreed to.
The question recurred on the passage of House Bill No.
577 of the Regular Session of 1945, the veto of the Governor
to the contrary notwithstanding.
When the vote was taken on the passage of House Bill
No. 577 of the Regular Session of 1945, the veto of the Gov-
ernor notwithstanding, the result was:



Yeas-64.
Mr. Speaker
Akerman
Barnhill
Bronson
Byrant
Burnsed
Camp
Carter
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis
Dayton
Dowda
SNays-22.
Alexander
Botts
Burton
Carraway
Clark, C. L.
Clement



Elliott
Fuqua
Gautier
GilmoreI
1iardin
Hawkins
Hendry
Hethcox
HE-orne
Hough
Howell
Jenkins
Johnson
Kelly
Luckie
MacWilliam
Martin


Dunn
Floyd
Ingraham
Lantaff
McClure
McKenzie .



McAlpin Smith, J. S.
McKendree Smith, L. W.
Melvin Smith, M. B.
"Moore Smith, R. C.
Morgan Stewart
Morrow Stokes
Murray Strayhorn
Odham Taylor
Oelkers Wainwright
Papy Walton
Peacock, J. R. Williams, G. K.
Peacock, J. T. Williams, J. J
Peeples Yeomans
Rowell
Sellar
Shepperd
Simpson


Midyette Tapper
Potter Usina
Roberts Wotitzky
Saunders Wilson
Schuh
Stirling



So House Bill No. 577 of the Regular Session of 1945 passed



by the required Constitutional two-thirds vote of all members
present in the House of Representatives.
The veto of the Governor was not sustained.
Mr. Jenkins moved that the House do now reconsider the
vote by which it passed House Bill No. 577 of the 1945 Session.
Pending consideration thereof-
Mr. Papy moved that the motion to reconsider the vote be
laid on the table.
Which was agreed to, and the motion to reconsider the vote
by which House Bill No. 577 of the 1945 Session passed, was
laid on the table, and the same was ordered certified to the
Senate.
Mr. Clement moved that all Local Bills introduced today be
added to the Local Calendar for consideration tomorrow.
Which was agreed to, and it was so ordered.
Mr. Simpson moved that the rules be waived and that the
House do now revert to the order of business of introduction
of bills and joint resolutions.
Which was agreed to by a two-thirds vote, and it was so
ordered.
INTRODUCTION OF HOUSE BILLS AND JOINT
RESOLUTIONS
By Mr. Potter of Washington-
H. B. No. 180-A bill to be entitled An Act providing for
the compensation of members of the Board of Public In-
struction in all counties of the State of Florida having a
population of not less than 12,100 and not more than 12,400
according to the 1940 Federal Census for the period from
April 12, 1945 to the date this Act becomes a law, and vali-
dating and confirming payments of compensation hereto-
fore made during said period to members of the Board of
Public Instruction in said counties.
Which was read the first time by title and referred to the
Committee on Census and Apportionment.
By Mr. Potter of Washington.
H. B. No. 181-A bill to be entitled An Act fixing the
compensation of members of the Board of Public Instruc-
tion in all counties of the State of Florida having a popula-
tion of not Iless than 12,100 and not more than 12,400 ac-
cording to the 1940 Federal Census.
Which was read the first time by its title and referred to the
Committee on Census and Apportionment.
By Mr. Potter of Washington-
H. B. No. 182-A bill to be entitled An Act authorizing
the City of Chipley, in Washington County, Florida, acting
through its City Council, to sell, exchange, convey or other-
wise dispose of any real or personal property owned or
held by said city when not needed for municipal purposes.
Proof of Publication of Notice attached to the above bill.
,The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.

And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.

By Mr. Potter of Washington -
H. B. No. 183-A bill to be .entitled An Act requiring the
Board of County Commissioners of Washington County, Flor-
ida, to pay to the Board of Trustees for the proposed Public
Hospital of Washington County, Florida, during each of three
successive, fiscal years of said county, the first of said fiscal
years to be the one beginning October 1, 1946, such part of
the racing revenue from the operation of race tracks in the



State of Florida received by said Board of County Commis-
sioners during each of said years under the statutes of the



April 16, 1947



JOURNAL OF THE HOUSE. OF REPRESENTATIVES












80 JOURNAL OF THE HOU!


State of Florida as exceeds the sum of $16,500.00, providing
that no more than $30,000.00 shall be paid in any one of said
fiscal years to said Board of Trustees, and providing that the
money so received by said Board of Trustees shall be used
by them in constructing and equipping said public hospital.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Mr. Potter of Washington-
H.B. No. 184-A bill to be entitled An Act requiring a new
registration in new registration books of all electors of Wash-
ington County, Florida to qualify them to vote in any general,
special or primary state or county election held in said county
after the calendar year 1947.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Mr. Potter of Washington-
H. B. No. 185-A bill to be entitled An Act extending the
corporate limits of the City of Chipley, in Washington County,
Florida, and .providing that the territory hereby annexed to
said municipality and taxable personal property belonging to
residents thereof shall be liable for taxation to pay their pro-
portionate part of the present bonded and other indebtedness
of said City of Chipley.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
COMMITTEE REPORTS
April 16, 1947.
Mr. Wotitzky, Chairman of the Committee on Workmen's
Compensation, reported that the Committee had carefully
considered the following bill and recommends it does pass,
as amended.
H. B. No. 100-A bill to be entitled An Act to amend Sec-
tion 450.05, Florida Statutes 1941, relating to the hours of
employment of minors between sixteen and eighteen years
of age, and vesting the Florida Industrial Commission with
authority to extend the hours within which minors between
sixteen and eighteen years of age may be employed beyond
10:00 P. M. After investigation and finding by the Florida
Industrial Commission that the employment or place of em-
ployment is not detrimental to the health or welfare of
minors between sixteen and eighteen years of age; and to
repeal all Laws or parts of Laws in conflict with this Act;
and providing for the effective date of this Act.
Which amendment reads as follows:
Amendment No. 1. In Section 1, lines 11 and 13, of the bill,
strike out the words "minors" and insert the following in lieu
thereof: "boys".
And House Bill No. 100, contained in the above report, to-
gether with Committee Amendment thereto, was placed on the



Calendar of Bills on second reading.
April 16, 1947.
Mr. Wotitzky, Chairman of the Committee on Workmen's



S



E OF REPRESENTATIVES April 16, 1947


Compensation, reported that the Committee had carefully
considered the following bill and recommends it does pass.
H. B. No. 97-A bill to be entitled An Act to Amend Sec-
tion 440.39, Florida Statutes, 1941, relating to the Work-
men's Compensation Law and Compensation for Injuries
Where Third persons are Liable, by Providing an Election
by Employee Either to Pursue His Remedy Against a Third
Person or to Accept Compensation Under the Act: To Add
a New Subdivision (6) Specifying the Time Within Which
Employee May Bring Such Action; and Other Matters in
Connection Therewith.
And House Bill No. 97, contained in the above report, was
placed on the Calendar of Bills on second reading.
April 16, 1947.
Mr. Oelkers, Chairman of the Committee on Claims and
State Pensions, reported that the Committee had carefully
considered the following bill and recommends it does pass,
as amended.
H. B. No. 132-A bill to be entitled An Act for the relief of
the widow and minor children of Clark Gourley, deceased, late
of Alachua County, Florida.
Which amendment read as follows:
Amendment No. 1:
In Section 1, line 3, of the bills, strike out the word "war-
rant", and insert in lieu thereof the word "warrants".
Amendment No. 2-
In Section 1, line 6, of the bill, strike out the word "dollars",
and insert the following in lieu thereof: "Dollars in fifty
(50) monthly installments of One Hundred ($100.00) Dol-
lars each, beginning July 1, 1947".
And House Bill No. 132, contained in the above report, to-
gether with Committee Amendments thereto, was placed on the
Calendar of Bills on second reading.
April 16, 1947.
Mr. Oelkers, Chairman of the Committee on Claims and
State Pensions, reported that the Committee had carefully
considered the following bill and recommends that it does pass.
H. B. No. 101-A bill to be entitled An Act providing for
the application of gasoline and other fuel tax funds ac-
cruing to Flagler County under Section 18 of Article IX
of the Constitution of this State, to Flagler County's pro-
portionate share of the cost of construction of the brick
road originally constructed by St. Johns County.
And House Bill No. 101, contained in the above report, was
placed on the Calendar of Bills on second reading.
April 16, 1947.
Mr. Oelkers, Chairman of the Committee on Claims and
State Pensions, reported that the Committee had carefully
considered the following bill and recommends that it does pass,
as amended.
H. B. No. 50-A bill to be entitled An Act for the relief of
Violet D. Freeman, a resident of Dade County, Florida,
and providing an appropriation for injuries and damages
sustained by her by reason of the negligent operation of
a bridge by the State Road Department of the State of
Florida and providing for the payment of the same.
Which amendment read as follows:
Amendment No. 1:
Section 1, line one strike out the figures "$7500.00" and
insert in lieu thereof the figures "$3000.00."
Amendment No. 2:



Section 2, line three strike out the figures "$7500.00" and
insert in lieu thereof the figures "$3000.00."
And House Bill No. 50, contained in the above report, to-
gether with Committee Amendments thereto, was referred to
the Committee on Appropriations.












JOURNAL OF THE HOUSE



April 16, 1947.
Mr. Clark of Calhoun, Chairman of the Committee on Live-
stock, reported that the Committee had carefully considered
the following bill and recommends it does not pass.
H. B. No. 53-A bill to be entitled An Act to make safer the
public roads and highways of the State of Florida by prohibit-
ing the running and roaming at large of domestic animals upon
the public roads and highways of the State of Florida; declar-:
ing it unlawful for any person owning or having the custody
or control of any domestic animal to permit such animal to
run or roam at large upon a public road or highway and pro-
viding punishment for such persons who wilfully permit such
animals to run or roam at large in violation of this Act; mak-
ing such persons liable for damages caused by such animals at
large; and repealing all laws and parts of laws in conflict
herewith.
And House Bill No. 53, contained in the above report, was
laid on the table under the rule.
April 16, 1947.
Mr. Clark of Calhoun, Chairman of the Committee on Live-
stock, reported that the Committee had carefully considered
the following bill and recommends that it does pass, as
amended.
H. B. No. 5-A bill to be entitled An Act Amending Sections
585.02, 585.03, 585.04, 585,08, 585.09, 585.12, 585.13, 585.16,
585.17, 585.24, 585.25, 585.27, and 585.28, Florida Statutes,
1941, and repealing Section 585.29 thereof, all relating to the
State Live Stock Sanitary Board, its powers, duties, head-
quarters of Board and place of meeting, procedure for con-
demnation of domestic animals and property by the Board,
and providing for the employment of an attorney, or attor-
neys to represent said Board, and fixing his compensation,
and providing for the employment of a State Veterinarian,
prescribing his qualifications, powers and duties, and pro-
viding for his compensation, and providing for the appoint-
ment of supervisor of tick eradication program and defining
his powers, duties, and providing for his compensation, place
of office, or offices, and for the appointment of live stock
inspectors and such other labor, agents and representatives
as said Board may determine, provide for their term of of-
fice, compensation, powers and duties; and providing for
penalties, including damages, against any person knowingly
or wilfully transporting or moving live stock with transmis-
sible diseases: and by adding to Chapter 585 Florida Statutes,
1941, relating to State Live Stock Sanitary Board, two sec-
tions to be known and designated as Section 585.44 and
585.45, providing for the right of appeal to Circuit Judge of
Circuit Court of the County in which the Office of Super-
visor of Tick Eradication Program is located by any owner
of land or cattle within the tick infested area or adjacent
thereto, which may be affected by any rule or regulation
adopted or promulgated by said Board, and providing for
an appropriation for the enforcement of said Chapter 585
and expense incurred thereunder, and repealing all laws in
conflict herewith.
Which amendments read as follows:
Amendment No. 1:
The Committee on Livestock offered the following amend-
ments to House Bill No. 5:
Strike out All of Section 13 and insert the following in lieu
thereof:



April 16, 1947



E OF REPRESENTATIVES 81


"Section 13. That Section 585.28, Florida Statutes, 1941,
be and the same is hereby amended to read as follows:
"SECTION 585.28. FEVER TICK ERADICATION; ARBI-
TRATION OF COSTS, ETC.
"In the event the owner fails or refuses to dip his cattle or
other domestic animals, which shall include horses and mules,
or to have them inspected, the Board may, at its option, collect,
drive, dip, and inspect such cattle or other domestic, animals,
which shall include horses and mules and one-half of the
expense so incurred by the Board shall become a charge against
the owner and if not paid within thirty days, the Board shall
have a lien upon said cattle or other domestic animals, which
shall include horses and mules, to secure said charges against
the owner."
Amendment No. 2:
In Section 16, line 7, of the bill, strike out the period, insert
a comma and add the following: "such sums not to exceed
one million dollars for the year 1947 and one million dollars
for the year 1948".
Amendment No. 3:
In Section 8, at the end of Section 8, strike out period, insert
semi-colon and add the following: "Provided that provisions of
this act shall not apply to game animals."
Amendment No. 4:
In Section 12, line 12, of the bill, strike out the semi-colon
and insert a period and strike out rest of such section.
Amendment No. 5:
In Section 12, line 8, of the bill, strike out the words "one-half
of the actual, necessary and reasonable" and insert the fol-
lowing in lieu thereof: "the owner shall be reimbursed ten cents
per head for the".
And House Bill No. 5, contained in the above report, together
with Committee Amendments thereto, was placed on the Cal-
endar of Bills on second reading.
Mr. Wainwright moved that a committee of three be ap-
pointed to escort the Hon. George H. Inman, former member
of the House, to the rostrum.
Which was agreed to.
Thereupon the Speaker appointed Messrs. Wainwright,
Stokes and Courtney as a committee to escort Mr. Inman to
the rostrum, where he was introduced to the membership of
the House.
Mr. Bryant moved that a committee of three be appointed
to escort the Hon. W. S. Baskin, former member of the House,
to the rostrum.
Which was agreed to.
Thereupon the Speaker appointed Messrs. Bryant, Camp and
Crews as a committee to escort Mr. Baskin to the rostrum,
where he was introduced to the membership of the House.
"Mr. Collins moved that the House do now adjourn.
Which was agreed to.
Thereupon at the hour of 1:20 P. M., the House stood ad-
journed until 10:00 A. M. tomorrow morning.














JOURNAL OF THE HOUSE OF REPRESENTATIVES


Thursday, April 17, 1947



The House was called to order by the Speaker at 10:00
A. M.



The roll was called and
to their names:



Mr. Speaker
Akerman
Alexander
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Byrant
Burnsed
Burton
Camp
Carraway
Carter
Clark, C. L.
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney



Crews
Davis
Dayton
Dekle
Dowda
Dunn
Elliott
Floyd
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
AHorne
Iough
Howell
Ingraham
Jenkins
Johnson
Kelly
Lantaff
Luckie



the following members answered

MacWilliam Saunders
Martin Schuh
McAlpin Sellar
McClure Shepperd
McKendree Simpson
McKenzie Smith, J. S.
McMullen Smith, L. W.
Melvin Smith, M. B.
Merritt Smith, R. C.
Midyette Stewart
Moore Stirling
Morgan Stokes
Morrow Strayhorn
Murray Tapper
Odham Taylor
Oelkers Usina
Papy Wainwright
Peacock, J. R. Walton
Peacock, J. T. Williams, G. K.
Peeples Williams, J. J
Potter Wilson
Roberts Wotitzky
Rowell Yeomans



A quorum present.
The following prayer was offered by the Reverend Simmons,
Chaplain:
As we come to Thee today, as a body of representatives of
our government, we remember that we are ministers of
God. We are reminded that God has so ordered that not a
sparrow shall fall to the ground except our Father takes
note of it. We realize our physical weakness, our mental
inability, our moral laxity, our spiritual depravity and that
without Thee we can do nothing. We know that except the
Lord build the house, they labor in vain that build it, except
the Lord keep the city, the watchman walketh out in vain.

Inspire our hearts, illuminate our minds, awaken our
consciences to a sense of our responsibility to Thee and to
our fellowmen. Guide us by Thy hand in the right way
today, and may we seek Thy Glory as we serve our fellow-
men today.

In Jesus' name, Amen.

The Speaker announced that he had excused Messrs.

Hendry and Drummond from attendance upon the session
today.

The reading of the Journal was dispensed with.

The Journal for Wednesday, April 16, was corrected as
follows:

On Page 12, Column 2, Line 29 counting from the top
of the page, in Amendment No. 2, change the figures "(50.00)"
to read "(50)".
The Journal for Wednesday, April 16, was corrected and,
as corrected, was approved.

INTRODUCTION OF HOUSE RESOLUTIONS

By Messrs. Crews of Duval and Martin of Hillsborough-
House Resolution No. 7:



MEMORIALIZING THE DEATH OF
PETER OLIPHANT KNIGHT
WHEREAS, PETER OLIPHANT KNIGHT, one of Florida's
foremost citizens, departed this life on November 26, 1946,
and in his passing the State lost an outstanding pioneer
and great builder; and
WHEREAS, the history of the State and of the City of
Tampa was indelibly'impressed by the useful life and deeds
of this outstanding citizen; and
WHEREAS, it is fitting and proper that this House should
take notice of the death of Peter Oliphant Knight and pay
deserved tribute to his memory;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES OF THE STATE OF FLORIDA,
That this House does hereby direct that there be inscribed
upon its permanent records this expression of bereavement
for his loss:
IN MEMORIAM-PETER OLIPHANT KNIGHT
Peter Oliphant Knight was born at Freeburg, Pennsylvania,
December 16, 1865, and was the son of James W. Knight
and Sarah Elizabeth (Kantz) Knight. He received his early
education in Snyder County, Pennsylvania, principally at
Freeburg Academy and later studied law and received his
Bachelor of Laws Degree at Valparaiso University in Indiana.
He came to Florida in 1884, living first at Fort Myers and
moving to Tampa in 1889. In his younger days he was elected
Mayor of Fort Myers, Lee County Legislator and County
Solicitor and State Attorney of Hillsborough County. There-
after higher offices were within his reach but he declined
their calls. He chose the roll of a lawyer, a community
builder, and a private citizen keenly interested in political
affairs. He organized Tampa's first electric service, its first
street railway, its first gas service and many more of its
first established and essential businesses. He was one of
the country's ablest lawyers. He devoted his principal busi-
ness attention to Tampa Electric Company and the Exchange
National Bank, and served as President of the former for
fifty-three years until he declined reelection shortly prior to
his death.

Peter O. Knight contributed greatly to the building of the
City of Tampa and the State of Florida. Harbor terminals
with deep water channels in Tampa, and Davis Island with
its Peter O. Knight Airport are among the monuments to his
efforts. The Old People's Home in Tampa and the Hills-
borough County Humane Society commemorate his humani-
tarian spirit.

He was a rugged fundamentalist ever ready to preserve the
principles upon which the individual freedom of the Ameri-
ican people is based; he was an authority on Florida's in-
dustry, financial and civic development; he enjoyed nation-
wide reputation as an attorney, public utilities executive and
financier; he devoted a considerable portion of his large in-
come to charity and public affairs; his views were widely
quoted throughout the county and his influence reached
into every county of the State. He was a man of vision, a
booster for Florida, aggressive in spirit, yet with a cheering
and inspiring presence which made the warmth of his per-
sonality felt by those who knew him. Florida keenly feels
his loss, but the inspiration of his memory will remain.

BE IT FURTHER RESOLVED, That a copy of this resolu-
tion, properly certified by the Secretary of State, under the
Great Seal of the State of Florida, be forwarded forthwith
to his surviving two sons, Peter O. Knight, Jr., and Joseph
M. Knight; and that a copy of this resolution be spread
upon the Journal of the House and made a permanent record
of this Legislature.



-82











April 17, 1947 JOURNAL OF THE HOUSE OF REPRESENTATIVES 83




kaouze 1e2olution 1o. 7

By Messrs. Crews of Duval and Martin of Hillsborough
MEMORIALIZING THE DEATH OF PETER OLIPHANT KNIGHT
WHEREAS, PETER OLIPHANT KNIGHT, one of Florida's foremost
citizens, departed this life on November 26, 1946, and in his passing the State
lost an outstanding pioneer and great builder; and
WHEREAS, the history of the State and of the City of Tampa was
indelibly impressed by the useful life and deeds of this outstanding citizen ;and
WHEREAS, it is fitting and proper that this House should take notice
of the death of Peter Oliphant Knight and pay deserved tribute to his memory;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REP-
RESENTATIVES OF THE STATE OF FLORIDA, That this House does
hereby direct that there be inscribed upon its permanent records this expres-
sion of bereavement for his loss:
IN MEMORIAM-PETER OLIPHANT KNIGHT
Peter Oliphant Knight was born at Freeburg, Pennsylvania, December 16,
1865, and was the son of James W. Knight-and Sarah .Elizabeth (Kantz)
Knight. He received his early education in Snyder County, Pennsylvania,
principally at Freeburg Academy and later studied law and received his
Bachelor of Laws Degree at Valparaiso University in Indiana. He came to
Florida in 1884, living first at Fort Myers and moving to Tampa in 1889.
In his younger days he was elected Mayor of Fort Myers, Lee County Legis-
lator and County Solicitor and State Attorney of Hillsborough County.
Thereafter higher offices were within his reach but he declined their calls.
He chose the roll of a lawyer, a community builder, and a private citizen
keenly interested in political affairs. He organized Tampa's first electric, .
service, its first street railway, its first gas service and many more of its first
established and essential businesses. He was one of the country's ablest:lawyers.
He devoted his principal business attention to Tampa Electric Company and
the Exchange National Bank, and served as President of the former for.
fifty-three years until he declined reelection shortly prior to his death.
Peter 0. Knight contributed greatly to the building of the City of Tampa.
and the State of Florida. Harbor terminals with deep water channels in Tampa,
and Davis Island with its Peter O. Knight Airport are among the monuments
to his efforts. The Old People"s Home in Tampa and the Hillsborough County
Humane Society commemorate his humanitarian spirit.
He was a rugged fundamentalist ever ready to preserve the principles
upon which the individual freedom of the American people is based; he was
an authority on Florida 's industry, financial and civic development; he en-
joyed nationwide reputation as an attorney, public, utilities executive and :
Financier; he devoted a considerable portion of his large income to charity
and public affairs; his: views were widely quoted throughout the country . .
and his influence reached into every county of the State. He was a man of
vision, a booster for Florida, aggressive in -spirit, yet with a cheering and
inspiring presence which made the warmth of his personality felt by those
who knew him. Florida keenly feels his loss, but the inspiration of his memory
will remain. :
BE IT FURTHER RESOLVED That a copy of this resolution, properly
certified by the Secretary of State, under the Great Seal of the State of Florida,



"be forwarded forthwith to his surviving two sons, Peter 0. Knight, Jr., and
Joseph M. Knight; and that a copy of this resolution be spread upon the
Journal of the House and made a permanent record of this Legislature.



I



I



m -I












84 JOURNAL OF THE HOU


Which was read in full.
Mr. Crews moved the adoption of the House Resolution.
Which was agreed to and House Resolution No. 7 was
adopted.
Mr. Messrs. Stokes of Bay and Collins of Sarasota-
House Resolution No. 8
WHEREAS, There has been placed on the desks of the
members of this House the Florida Handbook, 1947-48, com-
piled by Hon. Allen Morris, of Tallahassee, Florida; and
WHEREAS, This book contains information and data of
inestimable value to the membership in the performance of
their duties by giving facts, history, government people, places
and resources of Florida;
THEREFORE, BE IT RESOLVED, That the House of Rep-
resentatives, 1947 Session, hereby extends its sincere appre-
ciation to the said Allen Morris for his generous contribution
to the cause of his State.
Which was read in full.
Mr. Stokes moved the adoption of the House Resolution.
Which was agreed to and House Resolution No. 8 was
adopted.
By Mr. Wilson of Columbia-
House Resolution No. 9
A RESOLUTION RELATING TO THE ORIENTATION
COURSE FOR HOUSE MEMBERS
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA:
SECTION 1. That the House of Representatives of the
State of Florida, and in partciular the new members thereof,
do hereby express appreciation to the Speaker of the House
for his cooperation in authorizing and directing the Institute
of Government to conduct orientation courses for the benefit
of new members. That the appreciation of the House be
extended to all the participants in such courses, in particular
to Honorable R. A. Gray, Secretary of State, Honorable J.
Tom Watson, Attorney General, Honorable Ed Larson, State
Treasurer, Honorable George W. Leaird, the Senator from
the 30th District, Honorable Evans Crary, the Senator from
the 12th District, and to our own Chief Clerk, Mrs. Lamar
Bledsoe, for their efforts in enlightening the newer members
of the House on matters pertaining to their duties and re-
sponsibilities as Representatives of the People of the State
of Florida. That the appreciation of the House be also ex-
tended to the Trustees and Staff of the Institute of Gov-
ernment for efforts expended by them in arranging the
orientation program.
SECTION 2. That the Institute of Government be re-
quested to prepare materials and arrange such programs
for future sessions of the Legislature and that the Speaker
do appoint a committee of not less than six members of the
House of Representatives to advise with the Trustees of the
Institute of Government in the preparation of such material
and in the arranging of such programs.
SECTION 3. That this Resolution be spread upon the
Journal of this House and a copy hereof be by the Chief
Clerk of the House prepared and sent to each of the parties
named herein.
Which was read in full.
Mr. Wilson moved the adoption of the Resolution.
Which was agreed to and House Resolution No. 9 was
adopted.



S



By Messrs. Clement of Pinellas, Bryant of Marion, Luckie
of Duval, Martin and Branch of Hillsborough, Fuqua of
Manatee, MacWilliam of Indian River, Morgan of Duval,
Smith of Clay, Kelly of Collier, Oelkers of Dade, Hough of
Lee, Sellar of Lake, Gautier of Dade, Shepperd of St. Johns,
Lantaff of Dade, Wotitzky of Charlotte, Elliott of Palm Beach,
Cobb of Orange, Akerman of Orange, Crews of Duval, Ingra-



E OF REPRESENTATIVES April 17, 1947


ham of DeSoto, Camp of Marion, Hardin of Manatee, Hendry
of Okeechobee, Stokes of Bay and Botts of Escambia-
INTRODUCTION OF HOUSE BILLS AND JOINT
RESOLUTIONS
H. B. No. 186-A bill to be entitled An Act to provide for
refunding to counties and incorporated cities and towns gas-
oline and motor vehicle fuel taxes paid by them under the
provisions of Chapters 208 and 209; to provide for the man-
ner in which such refunds shall be claimed and paid, to pro-
vide penalties for fraudulent claims and for the unlawful use
of gasoline or motor fuel on which tax refunds have been
claimed or paid.
Which was read the first time by its title and referred to
the Committee on Finance & Taxation.
By Messrs. Clement of Pinellas, Simpson of Jefferson, Crews
of Duval, Gautier of Dade, Dunn of Dixie, Jenkins of Alachua,
Hendry of Okeechobee, Saunders of St. Lucie, Stirling of Brow-
ard and Fuqua of Manatee-
H. B. No. 187-A bill to be entitled An Act amending
Section 112.05, Florida Statutes 1941, relating to the retire-
ment of state officers and employees so as to provide ad-
ditional alternative service requirements for the retirement
of such officers or employees, as amended by Chapter 22828
of the Acts of 1945.
Which was read the first time by title and referred to the
Committee on Claims & State Pensions.
By Messrs. Fuqua of Manatee, Cook of Flagler and Burnsed
of Baker-
H. B. No. 188-A bill to be entitled An Act amending
Section 341.59 and 341.66, Florida Statutes 1941 relating to
the dedication or acquisition by adverse user or maintenance
of lands for state and/or county roads; prescribing statute
of limitations therefore; prescribing the nature of the title
or estate of the State Road Department or a county in
such lands; and providing that the filing of a certified map
in the office of the Clerk of the Circuit Court of the county
in which said road extends, showing said lands, shall be
prima facie evidence of the ownership of the State Road
Department or of the county thereto.
Which was read the first time by its title and referred to
the Committee on Public Roads.
By Messrs. Branch, Martin and McMullen of Hillsborough-
H. B. No. 189-A bill to be entitled An Act relating to
and providing for the consolidation of all the school dis-
tricts of Hillsborough County into one school district and
making the boundaries of said consolidated district co-
extensive with Hillsborough County and providing for a
referendum election to determine when and if same shall
take effect.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Mr. Potter of Washington-
H. B. No. 190-A bill to be entitled An Act authorizing
the County of Washington in the State of Florida, acting
through its Board of County Commissioners, to sell, ex-
change, convey or otherwise dispose of any real or personal
property owned or held by said county when not needed
for county purposes.
Proof of Publication of Notice attached to the above bill.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Legislature.
And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.
By Messrs. Martin, McMullen and Branch of Hillsborough-



H. B. No. 191-A bill to be entitled An Act relating to the
incorporation of municipalities; providing that Sections 165.01,
165.02, 165.03, 165.04, 165.05, 165.06, 165.07 and 165.08, Flor-
ida Statutes, 1941, shall not apply to or be effective in any
county having a population of not less than one hundred
fifty thousand nor more than two hundred fifty thousand










JOURNAL OF THE HOUSE OF REPRESENTATIVES



3f4ouse evolutionn Ao.

By Messrs. Stokes of Bay and Collins of Sarasota

WHEREAS, There has been placed on the desks of the members of this
House the Florida Handbook, 1947-48, compiled by Hon. Allen Morris, of
Tallahassee, Florida; and

WHEREAS, This book contains information and data of inestimable value
to the membership in the performance of their duties by giving facts, history,
government people, places and resources of Florida;

THEREFORE, BE IT RESOLVED, That the House of Representatives,
1947 Session, hereby extends its sincere appreciation to the said Allen Morris
for his generous contribution to the cause of his State.



85



April 17, 1947















according to the last preceding State census; and repealing
all laws or parts of laws in conflict herewith.
Which was read the first time by title.
Mr. Martin asked unanimous consent of the House to now
consider House Bill No. 191 out of its regular order.
Which was given.
Mr. Martin moved the rules be waived and House Bill No.
191 be read a second time by title.
Which was agreed to by a two-thirds vote.
And House Bill No. 191 was read a second time by title.
Mr. Martin moved the rules be further waived and House
Bill No. 191 be read a third time in full and placed upon its
passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 191 was read a third time in full.
When the vote was taken on the passage of the bill the
result was:
Yeas-81.



Mr. Speaker
Akerman
Alexander
Andrews
Barnhill
Botts
Branch
Brown
;Byrant
Burnsed
Burton
Camp
Carraway
Clark, C. L.
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney



Crews
Davis
Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Kelly
Lantaff
Luckie
MacWilliam
Martin



McAlpin Shepperd
McClure Simpson
McMullen Smith, J. S.
Melvin Smith, L. W.
Merritt Smith, M. B.
Midyette Smith, R. C.
Moore Stewart
Morgan Stirling
Morrow Stokes
Murray Strayhorn
Odham Taylor
Papy Usina
Peacock, J. R. Wainwright
Peacock, J. T. Walton
Peeples Williams, G. K.
Potter Wilson
Roberts Wotitzky
Rowell Yeomans
Saunders
Schuh
Sellar



Nays-None.
So House Bill No. 191 passed, title as stated.
Mr. Martin moved the rules be further waived and House
Bill No. 191 be immediately certified to the Senate.
Which was agreed to by a two-thirds vote.
And House Bill No. 191 was ordered immediately certified
to the Senate.
By. Messrs. Branch, Martin and McMullen of Hillsborough-
H. B. No. 192-A bill to be entitled An Act relating to the
incorporation of municipalities; amending Sections 165.01,
165.03 and 165.04 of the Florida Statutes, 1941, to provide
that the incorporators shall be male and female inhabitants
and free holders and registered voters of the hamlet, village,
town or community to be incorporated, and repealing all
laws or parts of laws in conflict herewith.
Which was read the first time by title and referred to the
Committee on Cities & Towns.
By Messrs. Burton and Roberts of Brevard-
H. B. No. 193--A bill to be entitled An Act apportioning
the monies received from the State Treasurer by the County
Commissioners of Brevard County, Florida, which said monies
will hereafter be received from the State Treasurer under
and by the provisions of Chapter 14832, Laws of Florida,
Acts of 1931, and/or Acts amendatory thereof, providing
that said monies so received by the County Commissioners
of said county shall be divided equally between the Board
of Public Instruction of Brevard County, Florida, and the



April 17, 1947



Board of County Commissioners of Brevard County, Florida.
Proof of Publication of Notice attached to the above bill.

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

And the above bill was read the first time by its title and
was ordered placed on the Calendar of Local Bills.

By Mr. Crews of Duval-
H. B. No. 194-A bill to be entitled An Act providing for
the licensing of persons, firms and corporations dealing in
trailer coaches and vehicles not self-propelled, used for
housing accommodations and providing qualifications, license
fee, bond, and other provisions of the protection of general
public, providing certain liabilities for violations of this
Act requiring that records be kept and that same be made
available to the Motor Vehicle Commissioner providing penal-
ties and for the enforcement of this Act.

Which was read the first time by title and referred to the
Committee on Motor Vehicles & Carriers.

By Messrs. Hardin of Manatee, Crews, Morgan and Luckie of
Duval, Stirling of Broward, Botts of Escambia, Elliott of Palm
Beach, Burton of Brevard, Fuqua of Manatee, Sellar of Lake,
Johnson of Gadsden, Oelkers of Dade, Morrow of Palm Beach
and Cobb of Orange-

H; B. No. 195-A bill to be entitled An Act to amend
Chapter 475, Florida Statutes 1941, as amended by Chap-
ter 22861, Laws of Florida, 1945, by repealing and amend-
ing certain sections thereof, and adding certain sections
thereto, relating to the real estate business; defining and
regulating and providing for the registration of, real estate
brokers and salesmen; creating a real estate commission,
prescribing its organization, duties and powers, and to deny;
revoke or suspend registration of real estate brokers or sales-
men; prescribing and regulating the jurisdiction and powers
of the courts, original and appellate, in the review of orders
or, and proceedings before, said commission, and in aid of
the enforcement of this Act; and prescribing penalties for
violations of this Act.

Which was read the first time by title and referred to the
Committee on Judiciary "C."

By Mr. Papy of Monroe-

H. J. R. No. 196-A joint resolution proposing an amend-
ment to the Constitution by adding thereto an additional
Section creating a Senatorial District for Monroe County.

BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment to Article VII of the
State Constitution by adding thereto Section 6 creating a
Senatorial District for Monroe County is hereby agreed
to and submitted to the electors of the State for ratifica-
tion or rejection at the General Election in 1948, as follows:

Section 6. There is hereby created a Senatorial District
for Monroe County to be known as the Thirty-Ninth (39th)
Senatorial District. Nothing herein shall disturb the thirty-
eight (38) existing Senatorial Districts, except that Mon-
roe County shall no longer be a part of said existing Dis-
tricts. A special election shall be called and held in said
Thirty-Ninth (39th) Senatorial District within 75 days after
the General Election in 1948 to elect a Senator from said
District. The Senator elected from the Thirty-Ninth (39th)
District shall hold office from his election for a term end-
ing on the first Tuesday after the first Monday in January,
1952; and thereafter Senators elected from said District
shall hold office for terms of four years.

Which was read in full and referred to Committee on Con-
stitutional Amendments.



86



JOURNAL OF THE HOUSE OF REPRESENTATIVES






U



April 17, 1947 JOURNAL OF THE HOUSE OF REPRESENTATIVES 87
















ouste Regolution A2o. 9
By Mr. Wilson of Columbia


A RESOLUTION RELATING TO THE ORIENTATION COURSE
FOR HOUSE MEMBERS
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF
THE STATE OF FLORIDA:
SECTION 1. That the House od Representatives of the State of Florida,
and in particular the new members thereof, do hereby express appreciation to
the Speaker of the House for his cooperation in authorizing and directing the
Institute of Government to conduct orientation courses for the benefit of new
members. That the appreciation of the House be extended to all the partici-
pants in such courses, in particular to Honorable R. A. Gray, Secretary of
State, Honorable J. Tom Watson, Attorney General, Honorable Ed Larson,
State Treasurer, Honorable George W. Leaird, the Senator from the 30th Dis-
trict, Honorable Evans Crary, the Senator from the 12th District, and to our
own Chief Clerk, Mrs. Lamar Bledsoe, for their efforts in enlightening the
newer members of the House on matters pertaining to their duties and re-
sponsibilities as Representatives of the People of the State of Florida. That
the appreciation of the House be also extended to the Trustees and Staff of
Ithe Institute of Government for efforts expended by them in arranging the
orientation program.
SECTION 2. That the Institute of Government be requested to prepare
materials and arrange such programs for future sessions of the Legislature
and that the Speaker do appoint a committee of not less than six members
of the House of Representatives to advise with the Trustees of the Institute
of Government in the preparation of such material and in the arranging of
such programs
SECTION 3. That this Resolution be spread upon the Journal of this
House and a copy hereof be by the Chief Clerk of the House prepared and
sent to each of the parties named herein.



Bm



I













JOURNAL OF THE HOUSE OF REPRESENTATIVES



April 17, 1947



By Mr. Howell of Lafayette-
H. B. No. 197-A bill to be entitled An Act declaring,
designating and establishing certain State roads in Lafayette
County.
Which was read the first time by its title and referred to
the Committee on Public. Roads.
By Messrs. Dowda of Putnam, Hawkins of Volusia, Shepperd
and Usina of St. Johns, Hendry of Okeechobee and Peeples of
Glades-
H. B. No. 198-A bill to be entitled An Act amending Sec-
tion 371.01, Florida Statutes, 1941, relating to definitions
of words, phrases and terms used in the Statutes relating
to salt and fresh water fish, shell fish, crustacea, sponges,
and wild birds and animals and revising certain of the defini-
tions in said Section and adding others.
Which was read the first time by its title and referred to
the Committee on Fish & Game.
Mr. Midyette moved that the rules be waived and House
Bill No. 198, which had been referred to the Committee on
Fish & Game, be jointly referred to the Committee on Salt
Water Fisheries.
Which was agreed to by a two-thirds vote, and it was so
ordered.
By Mr. Morrow of Palm Beach-
H. B. No. 199-A bill to be entitled An Act relating to
the taking of testimony of expert witnesses, in civil actions;
providing for the taking of their depositions de bene esse
and for their witness fees.
Which was read the first time by title and referred to the
Committee on Judiciary "A".
By Mr. Morrow of Palm Beach-
H. B. No. 200-A bill to be entitled An Act to amend
Sections 440.12, 440.15 and 440.20 of Chapter 440, Florida
Statutes, 1941 as amended by Chapter 21,875, Laws of Flor-
ida, Acts of 1943, relating to the Florida Workmen's Com-
pensation Law, by providing for an increase in weekly amount
of compensation payments to injured employees; by in-
creasing the number of weeks payable for permanent partial
disability caused by the loss of a leg, a hand, a foot or an
eye; by eliminating the maximum healing period of twenty
weeks; and by providing for the increase of the maximum
amount of compensation payable to injured employees.
SWhich was read the first time by title and referred to the
Committee on Labor.
HOUSE LOCAL BILLS ON SECOND READING
H. B. No. 47-A bill to be entitled An Act to amend Chapter
11,148, Laws of Florida, approved May 30, 1925, entitled, "An
Act to abolish the present, municipality of the City of St.
Augustine, Florida, and to establish a municipality to be known
and designated as the City of St. Augustine, Florida, and to
prescribe, delegate, grant, broaden and define its powers, prop-
erty, privileges and Jurisdiction," as amended by subsequent
legislation, by the granting and conferring of additional powers
and authority to the City of St. Augustine, to arrange for the
codification of the ordinances of said city.
Was taken up.
Mr. Shepperd moved the rules be waived and House Bill
No. 47 be read a second time by title.
Which was agreed to by a two-thirds vote.
And House Bill No. 47 was read a second time by title.
Mr. Shepperd moved the rules be further waived and House
Bill No. 47 be read a third time in full and placed upon its
passage.
Which was agreed to by a two-thirds vote.
And H. B. No. 47 was read a third time in full.
When the vote was taken on the passage of the bill the
result was:



Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis
Nays-None.



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



McKendree Shepperd
McKenzie Simpson
McMullen Smith, J. S.
Melvin Smith, L. W.
Merritt Smith, M. B.
Midyette Smith, R. C.
Moore Stewart
Morgan Stirling
Morrow Stokes
Murray Strayhorn
Odham Tapper
Oelkers Taylor
Papy Usina
Peacock, J. T. Wainwright
Peacock, J. R. Walton
Peeples Williams, J. J.
Potter Wilson
Roberts Wotitzky
Rowell Yeomans
Saunders
Schuh
Sellar



So the bill passed, title as stated.
And the same was ordered certified to the Senate.
H. B. No. 46-A bill to be entitled An Act repealing Sections
7 and 8, and amending Section 9 of Chapter 21,539, Laws of
Florida, Acts of 1941, known as the Permanent Registration
Act, for the City of St..Augustine, Florida.
Was taken up.
Mr. Shepperd moved the rules be waived and H. B. No. 46
be read a second time by title.
Which was agreed to by a two-thirds vote.
And H. B. No. 46 was read a second time by title.
Mr. Shepperd moved the rules be further waived and H. B.
No. 46 be read a third time in full and placed upon its passage.
Which was agreed to by a two-thirds vote.



And H. B. 1
When the v
result was:
Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis
Nays-None.



No. 46 was read a third time in full.
vote was taken on the passage of the bill the



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



McKendree
McKenzie
McMullen
Melvin
Merritt
Midyette
Moore
Morgan
Morrow
Murray
Odham
Oelkers
Papy
Peacock, J. T.
Peacock, J. R.
Peeples
Potter
Roberts
Rowell
Saunders
Schuh
Sellar



Shepperd
Simpson
Smith, J. S.
Smith, L. W.
Smith, M. B.
Smith, R. C.
Stewart
Stirling
Stokes
Strayhorn
Tapper
Taylor
Usina
Wainwright
Walton
Williams, J. U.
Wilson
Wotitzky
Yeomans



So the bill passed, title as stated.
And the same was ordered certified to the Senate.
H. B. No. 51-A bill to be entitled An Act to provide for
the cancellation and release of all State, Columbia County
and other tax liens upon certain lands assessed to J. I.



88













April 17, 1947



JOURNAL OF THE HOUSE OF REPRESENTATIVES



Carter, Emory Carter and J. M. Carter during the years
1936, 1937, and 1938; the same lying and being in Townships
1 and 2 North of Ranges 16, 17, and 18 East in Columbia
County, Florida.
Was taken up.
Mr. Wilson moved the rules be waived and H. BT No. 51 be
read a second time by title.
Which was agreed to by a two-thirds vote.
And H. B. No. 51 was read a second time by title.
Mr. Wilson moved the rules be further waived and H. B.
No. 51 be read a third time in full and placed upon its passage.
Which was agreed to by a two-thirds vote.
And H. B. No. 51 was read a third time in full.



When the vote was taken on the
result was:
Yeas-85.
Mr. Speaker Dayton McK
Akerman Dowda McKI
Andrews Dunn McM
Barnhill Elliott Melv
Botts Fuqua Merr
Branch Gautier Midy
Bronson Gilmore Moor
Brown Hardin Morg
Bryant Hawkins Mor
Burnsed Hethcox Mun
Burton Horne Odha
Camp Hough Oelk(
Carraway Howell Papy
Clark, M. C. Ingraham Peaco
Clement Jolmson Peac<
Cobb, Tyn Kelly Peep
Cobb, T. T. Lantaff Pott
Collins Luckie Robe
Cook MacWilliam RowE
Courtney Martin Saun
Crews McAlpin Schu
Davis McClure Sella
Nays-None.
So the bill passed, title as stated.



Passage of the bill the



ee Shepperd
Simpson
S Smith, J. S.
Smith, L. W.
Smith, M. B.
Smith. R. C.
Stewart
Stirling
Stokes
Strayhorn
Tapper
Taylor
Usina
J. T. Wainwright
J. R. Walton
Williams, J. J.
Wilson
Wotitzky
Yeomaus



endrE
enzie
;ullen
in
itt
'ette
re
ran
row
ray
am
ers

ock,
ock,
les
er
rts
ell
riders
h
r



And the same was ordered certified to the Senate.
H. B. No. 52-A bill to be entitled An Act relating to the
confirmation and ratification of sales of real property hereto-
fore made by the County of Osceola in the State of Florida.
Was taken up.
Mr. Bronson moved the rules be waived and H. B. No. 52 be
read a second time by title.
Which was agreed to by a two-thirds vote.
And H. B. No. 52 was read a second time by title.
Mr. Bronson moved the rules be further waived and H. B.
No. 52 be read a third time in full and placed upon its passage.
Which was agreed to by a two-thirds vote.
And H. B. No. 52 was read a third time in full.
When the vote was taken on the passage of the bill the
result was:
Yeas-85.
Mr. Speaker Burnsed Cook Gautier
Akerman Burton Courtney Gilmore
Andrews Camp Crews Hardin
Barnhill Carraway Davis Hawkins
Botts Clark, M. C. Dayton Hethcox
Branch Clement Dowda Horne
Bronson Cobb, Tyn Dunn Hough
Brown Cobb, T. T. Elliott Howell
Bryant Collins Fuqua Ingraham



Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure
McKendree
McKenzie
McMullen
Melvin
Merritt
So the bill



Midyette
Moore
Morgan
Morrow
Murray
Odham
Oelkers
Papy
Peacock,
Peacock,
Peeples
Potter
Roberts



Rowell
Saunders
Schuh
Sellar
Shepperd
Simpson
Smith, J. S.
Smith, L. W.
J. T. Smith, M. B.
J. R. Smith, R. C.
Stewart
Stirling
Stokes



Strayhorn
Tapper
Taylor
Usina
Wainwright
Walton
Williams, J. 'J.
Wilson
Wotitzky
Yeomans



passed, title as stated.



And the same was ordered certified to the Senate.
H. B. No. 57-A bill to be entitled An Act relating to the
sale or exchange of real property of the County of Osceola, in
the State of Florida.
Was taken up.
Mr. Bronson moved the rules be waived and H. B. No. 57
be read a second time by title.
Which was agreed to by a two-thirds vote.
And H. B. No. 57 was read a second time by title.
Mr. Bronson moved the rules be further waived and H. B.
No. 57 be read a third time in full and placed upon its passage.

Which was agreed to by a two-thirds vote.
And H. B. No. 57' was read a third time in full.



When the vote was taken on the
result was:

Yeas-85.
Mr. Speaker Dayton McK
Akerman Dowda McK(
Andrews Dunn McM
Barnhill Elliott Melv
Botts Fuqua Merr
Branch Gautier Midy
Bronson Gilmore Moor
Brown Hardin Morg
Bryant Hawkins Morr
Burnsed Hethcox Murr
Burton Horne Odha
Camp Hough Oelk(
Carraway Howell Papy
Clark, M. C. Ingraham Peac
Clement Johnson Peac
Cobb, Tyn Kelly Peep
Cobb, T. T. Lantaff Pott<
Collins Luckie Robe
Cook MacWilliam Row(
Courtney Martin Saun
Crews McAlpin Schu
Davis McClure Sella
Nays-None.
So the bill passed, title as stated.



Passage of the bill the



,ee Shepperd
S Simpson
n Smith, J. S.
Smith, L. W.
Smith, M. B.
Smith, R. C.
Stewart
Stirling
Stokes
Strayhorn
Tapper
Taylor
Usina
J. T. Wainwright
J. R. Walton
Williams, J. )J.
Wilson
Wotitzky
Yeomans



endr
enzi(
:ullei
in
itt
ette
re
gan
row
ray
am
ers

ock,
ock,
tles
er
Trts
ell
.ders
h
1r



And the same was ordered certified to the Senate.
H. B. No. 61-A bill to be entitled An Act prohibiting live
stock from roaming at large in the farming area near Bare
Beach in the County of Glades in the State of Florida, and
prescribing penalties for the violation thereof, and further
providing for recovery from such owner for any damages sus-
tained by any person, or persons, or corporation by reason of
such stock roaming at large within said territory.
Was taken up.
Mr. Peeples moved the rules be waived and H. B. No. 61 be
read a second time by title.
Which was agreed to by a two-thirds vote.
And H. B. No. 61 was read a second time by title.



89













JOURNAL OF THE HOUSE OF REPRESENTATIVES



Mr. Peeples moved the rules be further waived and H. B.
No. 61 be read a third time in full and placed upon its passage.
Which was agreed to by a two-thirds vote.



And H. B. No. 61 was read
When the vote was taken
result was:



Yeas-82.
Mr. Speaker
Alexander
Barnhill
Baker
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin



a third time in full.
on the passage of the bill the



McClure Schuh
McKendree Sellar
McKenzie Shepperd
McMullen Simpson
Melvin Smith, J. S.
Merritt Smith, L. W.
Midyette Smith, M. B.
Moore Smith, R. C.
Morgan Stewart
Morrow Stirling
Murray Stokes
Odham Strayhorn
Oelkers Tapper
Papy Taylor
Peacock, J. T. Usina
Peacock, J. R. Wainwright
Peeples Walton
Potter Wilson
Roberts Wotitzky
Rowell Yeomans
Saunders



Nays-3-Andrews, Clark, C. L., William, J. J.

So the bill passed, title as stated.

And the same was ordered certified to the Senate.

H. B. No. 64-A bill to be entitled An Act relating to East
Shore Drainage District, a drainage district organized and
existing under the Laws of Florida, and embracing lands
within Palm Beach County, amending Section Eight (8) of
Chapter 20694, Laws of Florida, Acts of 1941, relating to the
levy of taxes upon the lands within East Shore Drainage
District.
Was taken up.

Mr. Elliott moved the rules be waived and House Bill No.
64 be read a second time by title.

Which was agreed to by a two-thirds vote.
And House Bill No. 64 was read a second time by title.
Mr. Morrow of Palm Beach offered the following amend-
ment to House Bill No. 64-

In Section 1 sub paragraph (b), of the bill, strike out the
words "for the year 1947, and for each year thereafter,
and such tax shall be known and designated as the "Main-
tenance Tax". And insert the following in lieu thereof:
"for the years 1947 and 1948, and a tax of not to exceed
the sum authorized by this Section 8 before being amended,
for the year 1949 and for each year thereafter, and such
tax shall be known and designated as the "Maintenance
Tax".

Mr. Morrow moved the adoption of the amendment.

The motion was agreed to, and the amendment was
adopted.

Mr. Elliott moved that the rules be further waived and
House Bill No. 64, as amended, be read a third time in full
and placed .upon its passage.

Which was agreed to by a two-thirds vote.

And House Bill No. 64, as amended, was read the third
time in full.



April 17, 1947



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



result was:
Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



McKendree
McKenzie
McMullen
Melvin
Merritt
Midyette
Moore
Morgan
Morrow
Murray
Odham
Oelkers
Papy
Peacock, J. T.
Peacock, J. R.
Peoples
Potter
Roberts
Rowell
Saunders
Schuh
Sellar



Shepperd
Simpson
Smith, J. S.
Smith, L. W.
Smith, M. B.
Smith, R. C.
Stewart
Stirling
Stokes
Strayhorn
Tapper
Taylor
Usina
Wainwright
Walton
Williams, J. TJ.
"Wilson
Wotitzky
Yeomans



Nays-None.
.So the Bill passed, as amended.
And the same was ordered referred to the Committee on
Engrossed Bills.
H. B. No. 67-A bill to be entitled An Act relating to East
Beach Drainage District, a drainage .district organized and
existing: under the Laws of the State of Florida, and: em-
bracing lands within Palm Beach County, amending Chap-
ter 22877 Laws of Florida Acts of 1945, relating to the levy
of maintenance tax upon the lands within said East Beach
Drainage District.
Was taken up.
Mr. Elliott moved the rules be waived and House Bill
No. 67 be read a second time by title.
Which was agreed to by a two-thirds vote.
And House Bill No. 67 was read a second time by title.
Mr. Elliott moved the rules be further waived and House
Bill No. 67 be read a third time in full and placed upon its
passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 67 was read a third time in full.
When the vote was taken on the passage of the bill the



result was:
Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
SHethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



McKendree
McKenzie
McMullen
Melvin
Merritt
Midyette
Moore
Morgan
Morrow
Murray
Odham
Oelkers
Papy
Peacock, J. T.
Peacock, J. R.
Peeples
Potter
Roberts
Rowell
Saunders
Schuh
Sellar



Shepperd
Simpson
Smith, J. S.
Smith, L. W.
Smith, M. B.
Smith, R. C.
Stewart
Stirling
Stokes
Strayhorn
Tapper
Taylor
Usina
Wainwright
Walton
Williams, J.: J.
Wilson
Wotitzky
Yeomans



Nays--None.



90













JOURNAL OF THE HOUSE OF REPRESENTATIVES



So the Bill passed, title as stated.
And the same was ordered certified to the Senate.
H. B. No. 68-A bill to be entitled An Act relating to
Pahokee Drainage District, a drainage district organized and
existing under the Laws of Florida, and embracing lands
within Palm Beach County, amending Section .Six (6) of
Chapter 13715, Laws of Florida, Acts of 1929, as amended
by Chapter 18042, Laws of Florida, Acts of 1937, as amended
by Chapter 20652, Laws of Florida, Acts of 1941, relating
to the levy of maintenance taxes upon the lands within
Pahokee Drainage District.
Was taken up.
Mr. Elliott moved the rules be waived and House Bill
No. 68 be read a second time by title.
Which was agreed to by a two-thirds vote.
And House Bill No. 68 was read a second time by title.
Mr. Elliott moved the rules be further waived and House
Bill No. 68 be read a third time in full and placed upon
its passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 68 was read a third time in full.



When the v
result was:
Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, T. T.
Cobb, Tyn
Collins
Cook
Courtney
Crews
Davis
Nays-None.



ote was taken on the passage of the bill the



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



McKendree Shepperd
McKenzie Simpson:
McMullen Smith, J. S.
Melvin Smith, L. W.
Merritt Smith, M. B.
Midyette Smith, R. C.
Moore Stewart
Morgan Stirling
Morrow Stokes
Murray Strayhorn
Odham 'Tapper
Oelkers Taylor
Papy Usina
Peacock, J. T. Wainwright
Peacock, J. R. Walton
Peeples Williams, J. (J.
Potter Wilson
Roberts Wotitzky
Rowell Yeomans
Saunders
Schuh
Sellar



So the Bill passed, title as stated.
And the same was ordered certified to the Senate.
H. B. No. 79-A bill to be entitled An Act prohibiting and
making it unlawful for horses, asses, mules, cattle, swine,
sheep, goats and other grazing animals to run or roam at
large within St. Johns County, Florida: Providing for im-
pounding of live stock found running or roaming at large
in violation of this act: Providing impounding fees and for
the collection thereof: Providing for the sale or other dis-
position of impounded live stock: Making it a misdemeanor
to allow such live stock to run or roam at large in viola-
tion of this Act: And making the owner who permits live
stock to run or roam at large in violation of this Act liable
for damages for all injuries caused, not exceeding the sum
of $1,000.00, by such live stock while running or roaming
at large in violation of this Act, and providing a lien there-
for, and making it the duty of the Board of County Com-
missioners of St. Johns County, Florida to construct fences
along the boundary lines of said county which do not have
natural barriers, unless the adjoining county shall likewise
prohibit live stock from running or roaming at large, and
making it the duty of the State Road Department of Florida
to construct suitable cattle guards on the boundary lines



91



of said county wherever any State road crosses the boundary
line of an adjoining county, which does not prohibit live
stock from running or roaming at large: And providing
that this Act shall take effect on January 1st, 1949, in the
event this Act is approved by a majority of the electors
voting for same at a special election to be called in St. Johns
County, Florida for such purpose.
Was taken up.
Mr. Usina moved the rules be waived and House Bill
No. 79 be read a second time by title.
Which was agreed to by a two-thirds vote.
And House Bill No. 79 was read a second time by title.
Mr. Usina moved the rules be further waived and House
Bill No. 79 be read a third time in full and placed upon its
passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 79 was read a third time in full.
When the vote was taken on the passage of the bill the
result was:

Yeas-83.



Mr. Speaker
Akerman
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark,.M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook.
Courtney
Crews
Davis


SNays-3.
Clark, C. L.
So the Bill



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin



Andrews



McClure Schuh
McKendree Sellar
McKenzie Shepperd
McMullen Simpson
Melvin Smith, J. S.
Merritt Smith, L. W.
Midyette Smith, M. B.
Moore Smith, R. C.
Morgan :Stewart
Morrow Stirling
Murray Stokes
Odham Strayhorn
Oelkers Tapper
Papy Taylor
Peacock, J. T. Usina
Peacock, J. R. Wainwright
Peeples' Walton
Potter Wilson
Roberts Wotitzky
Rowell Yeomans
Saunders



passed, title as stated.



And the same was ordered certified to the Senate.
H. B. No. 108-A bill to be entitled An Act relating to and
providing for the consolidation of, all the school districts of
Orange County into one district and making the boundaries
of said consolidated district coextensive with Orange County;
and relating to and providing for school district millage levy
for such consolidated district and the method of election,
time of election and residence qualifications for trustees of con-
solidated district; and making provision with regard to the prop-
erty, funds, taxes and obligations of existing districts; and pro-
viding for the division of the county into school community areas
and the election and authority of advisory: committees for such
school community areas; and providing for a referendum
election to determine when and if this act shall take effect.
Was taken up.

Mr. Akerman moved that the rules be waived and House
Bill No. 108 be read a second time by its title.
Which was agreed to by a two-thirds vote.

And House Bill No. 108 was read a second time by its title.
Mr. Akerman moved that the rules be further waived
and that House Bill No. 108 be read a third time in full and
placed upon its passage.



April 17, 1947



Williams, J. UJ.













92



JOURNAL OF THE HOUSE OF REPRESENTATIVES



Which was agreed to by a two-thirds vote.
And House Bill No. 108 was read a third time in full.



When the v(
result was:
Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis
Nays-None.



ote was taken on the passage of the bill the



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



McKendree Shepperd
McKenzie Simpson
McMullen Smith, J. S.
Melvin Smith, L. W.
Merritt Smith, M. B.
Midyette Smith, R. C.
Moore Stewart
Morgan Stirling
Morrow Stokes
Murray Strayhorn
Odham Tapper
Oelkers Taylor
Papy Usina
Peacock, J. T. Wainwright
Peacock, J. R. Walton
Peeples Williams, J. 7.
Potter Wilson
Roberts Wotitzky
Rowell Yeomans
Saunders
Schuh
Sellar



So the bill was passed, title as stated.
And the same was ordered certified to the Senate.
H. B. No. 116-A bill to be entitled An Act providing for
teachers successive contracts in the public schools of Orange
County, Florida, and the school districts therein, defining
who are "contract teachers" within the meaning of the act
and how teachers may qualify to become "contract teachers"
within the meaning of the act and how such "contract teach-
ers" may lose their status as "contract teachers," and pro-
viding with regard to reemployment of "contract teachers"
for the school year 1947-1948 and by what procedure, upon
whose action and under what circumstances such a "contract
teacher" need not be reemployed for the school year 1947-
1948, and providing for the contracts of "contract teachers"
each year to contain provisions regarding reemployment and
providing by what procedure, upon whose action and under
what circumstances a "contract teacher" holding a contract
for reemployment under the act need not be reemployed, and
also setting out rights of "contract teachers" in event of
failure of reemployment for the school year 1947-1948 and
also in event of failure of contracts each year to contain
provisions required by the act and also in event of breach
of contract for reemlployment inserted in contracts pursuant
to act, also setting out powers of Board of Public Instruction
of Orange County, Florida, the County Superintendent there-
of and the trustees of the school districts therein notwith-
standing provisions for reemployment in teachers' contracts,
also repealing Chapter 18743, Laws of Florida, Acts of 1937,
entitled "An act providing for tenure of employment of
teachers in the public schools of Orange County, Florida;
defining terms used in said act: Providing when teachers
are entitled to tenure of employment and the causes for
which such teachers may be discharged or demoted and
prescribing the procedure thereof; and conferring jurisdic-
tion upon the Circuit Court to issue writs of mandamus
and certiorari in order to give effect to the provisions of
said act."
Was taken up.
Mr. Cobb moved that the rules be waived and House Bill
No. 116 be read a second time by its title.
Which was agreed to by a two-thirds vote.
And House Bill No. 116 was read a second time by its title.
.Mr. Cobb moved that the rules be further waived and that
House Bill No. 116 be read a third time in full and placed
upon its passage.



April 17, 1947



Which was agreed to by a two-thirds vote.
And House Bill No. 116 was read a third time in full.



When the
result was:
Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis
Nays-0.



vote was taken on the passage of the bill the



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



McKendree Shepperd
McKenzie Simpson
McMullen Smith, J. S.
Melvin Smith, L. W.
Merritt Smith, M. B.
Midyette Smith, R. C.
Moore Stewart
Morgan Stirling
Morrow Stokes
Murray Strayhorn
Odham Tapper
Oelkers Taylor
Papy Usina
Peacock, J. T. Wainwright
Peacock, J. R. Walton
Peeples Williams, J. FJ.
Potter Wilson
Roberts Wotitzky
Rowell Yeomans
Saunders
Schuh
Sellar



So the bill was passed, title as stated.
And the same was ordered certified to the Senate.
H. B. No. 119-A bill to be entitled An Act to abolish the
present municipality of the town of Hallandale, and to create,
establish and organize a municipality to be known and
designated as the city of Hallandale, Broward County, Flor-
ida, to define its territorial boundaries, which boundaries
will be identical with the boundaries of the existing munici-
pality; to provide for its government, jurisdiction, powers,
franchises, immunities, privileges and means for exercising
the same; confirming its title to all city property and validat-
ing all taxes, assessments and levies heretofore made; and
prescribing the general powers to be exercised by said city.
Was taken up.
Mr. Stirling moved that the rules be waived and House Bill
No. 119 be read a second time by its title.
Which was agreed to by a two-thirds vote.
And House Bill No. 119 was read a second time by its title.
Mr. Stirling moved that the rules be further waived and
that House Bill No. 119 be read a third time in full and placed
upon its passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 119 was read a third time in full.
When the vote was taken on the passage of the bill the
result was:
Yeas-85.



Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.



Collins
Cook
Courtney
Crews
Davis
Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough



Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure
McKendree
McKenzie
McMullen
Melvin
Merritt
Midyette
Moore



Morgan
Morrow
Murray
Odham
Oelkers
Papy
Peacock, J. T.
Peacock, J. R.
Peeples
Potter
Roberts
Rowell
Saunders
Schuh
Sellar
Shepperd
Simpson













JOURNAL OF THE HOUSE OF REPRESENTATIVES



Smith, J. S. Stirling Usina Wotitzky
Smith, L. W. Stokes Wainwright Yeomans
Smith, M. B. Strayhorn Walton
Smith, R. C. Tapper Williams, J. VJ.
Stewart Taylor Wilson
Nays-0.
So the bill was passed, title as stated.
And the same was ordered certified to the Senate.
H. B. No. 122-A bill to be entitled An Act to amend Sec-
tion 7 of the Charter of the city of Hallandale, Florida, to
redefine the boundaries of the city of Hallandale and pro-
viding for a referendum.
Was taken up.
Mr. Stirling moved that the rules be waived and House Bill
No. 122 be read a second time by its title.
Which was agreed to by a two-thirds vote.
And House Bill No. 122 was read a second time by its title.
Mr. Stirling moved that the rules be further waived and
that House Bill No. 122 be read a third time in full and placed
upon it passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 122 was read a third time in full.
When the vote was taken on the passage of the bill the
result was:
Yeas-85.



Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



MIcKendree Shepperd
McKenzie Simpson
McMullen Smith, J. S.
Melvin Smith, L. W.
Merritt Smith, M. B.
Midyette Smith, R. C.
Moore Stewart
Morgan Stirling
Morrow Stokes
Murray Strayhorn
Odham Tapper
Oelkers Taylor
Papy Usina
Peacock, J. T. Wainwright
Peacock, J. R. Walton
Peeples Williams, J. J.
Potter Wilson
Roberts Wotitzky
Rowell Yeomans
Saunders
Schuh
Sellar



Nays-0.
So the bill was passed, title as stated.
And the same was ordered certified to the Senate.
House Bill No. 129 was informally passed.
H. B. No. 138-A bill to be entitled An Act making it un-
lawful for horses, asses, mules, cattle, swine, sheep, goats
and other livestock and grazing animals (not including dogs)
to run or roam at large in Pasco County, Florida; providing for
the impounding of livestock found running or roaming at
large in violation of this Act; providing impounding fees
and for the collection thereof; providing for the sale or
other disposition of impounded livestock; providing for the
appointment of an impounding officer or officers and the
payment of his or their salary and expenses from public
funds; making the owner of livestock running or roaming
at large in violation of this Act liable for all injuries caused
either directly or indirectly by such livestock while run-
ning or roaming at large in violation of this Act; providing
that this Act shall take effect on June 1, 1947 as to all
livestock usually maintained and kept in Pasco County,
Florida; and providing that this Act shall take effect as to



93



livestock customarily kept and maintained in other coun-
ties but straying into Pasco County from other counties as
soon as the fence herein authorized is built and constructed;
authorizing the County Commissioners of Pasco County,
Florida, to fence the boundary lines of said county out of
public funds; -authorizing the County Commissionjers of
Pasco County, Florida to provide, construct or establish
impounding pens for the keeping of livestock taken or im-
pounded hereunder and authorizing them to expend public
monies in order to keep, maintain, construct and establish
such impounding pens; providing that it shall be a mis-
demeanor, punishable according to law, for any owner of
such livestock to willfully allow such livestock to run or
roam at large in violation of this Act; and repealing all laws
or parts of laws in conflict herewith.

Was taken up.
Mr .Dayton moved the rules be waived and H. B. No. 138 be
read a second time by title.
Which was agreed to by a two-thirds vote.
And H. B. No. 138 was read a second time by title.
Mr. Dayton moved the rules be further waived and H. B.
No. 138 be read a third time in full and placed upon its passage.
Which was agreed to by a two-thirds vote.
And H. B. No. 138 was read a third time in full.



When the
result was:

Yeas-83.
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews








Nays-3.

Clark, C. L.
So the bill



vote was taken on the passage of the bill the



Dayton
Dowda
Dunn
Elliott
Floyd
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Home
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Mr. Speaker
Akerman
Barnhill
Botts
Branch


.Andrews



MacWilliam
Martin
McAlpin
McClure
McKendree
McKenzie
McMullen
Melvin
Merritt
Midyette
Moore
Morgan
Morrow
Murray
Odham
Oelkers
Papy
Peacock, J. T.
Peacock, J. R.
Peeples
Potter
Roberts
Davis



Rowell
Saunders
Schuh
Sellar
Shepperd
Simpson
Smith, J. S.
Smith, L. W.
Smith, M. B.
Smith, R. C.
Stewart
Stirling
Stokes
Strayhorn
Tapper
Taylor
Usina
Wainwright
Walton
Wilson
Wotitzky
Yeomans
Luckie



was passed, title as stated.



And the same was ordered certified to the Senate.
H. B. No. 141-A bill to be entitled An Act to amend
Section 16 of Chapter 10950, Special Acts of Regular Ses-
sion of 1925, Laws of Florida, entitled: "An act to estab-
lish, organize and constitute a municipality to be known
and designated as the Town of Oviedo, and to define its
territorial boundaries, and to provide for its jurisdiction,
government, powers and privileges", by amending said Sec-
tion 16 relating to the powers of the Town Council by add-
ing thereto a clause specifically authorizing the Town Coun-
cil to grant franchises for public utilities and limiting the
granting of all such franchises to a period not exceeding
ten (10) years.
Was taken up.
Mr. Smith of Seminole moved the rules be waived and House
Bill No. 141 be read a second time by title.



April 17, 1947



Williams, . J.













JOURNAL- OF THEE HOUSE OF REPRESENTATIVES



Which was agreed to by a two-thirds vote.
And House Bill No. 141; was read a second time by title.
Mr. Smith of Seminole moved the rules be further waived
and House Bill No. 141 be read a third time in full and placed
upon its passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 141 was read a third time in full.



When the vc
result was:
Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis
Nays-None.



)te was taken on the passage of the bill the



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



McKendree Shepperd
McKenzie Simpson
McMullen Smith, J. S.
Melvin Smith, L. W.
Merritt Smith, M. B.
Midyette Smith, E. C.
Moore Stewart
Morgan Stirling
Morrow Stokes
Murray Strayhorn
Odham Tapper
Oelkers Taylor
Papy Usina
Peacock, J. T. Wainwright
Peacock, J. R. Walton
Peeples Williams, J. J.
Potter Wilson
Roberts Wotitzky
Rowell Yeomans
Saunders
Schuh
Sellar



So the bill passed, title as stated.
And the same was ordered certified to the Senate.
H. B. No. 145-A bill to be entitled An Act authorizing the
Board of Supervisors of the Fort Pierce Farms Drainage Dis-
trict to call a meeting of the land owners in said district during
February in every year, rather than every year in the same
month after the time for election of the first Board of Super-
visors.
Was taken up.
Mr. Saunders moved the rules be waived and House Bill
No. 145 be read a second time by title.
Which was agreed to by a two-thirds vote.
And House Bill No. 145 was read a second time by title.
Mr. Saunders moved the rules be further waived and House
Bill No. 145 be read a third time in full and placed upon its
passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 145 was read a third time in full.



When the:
result was:

Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway



vote was taken on the passage of the bill the



Clark, M. C. Fuqua
Clement Gautier
Cobb, Tyn Gilmore
Cobb, T. T. Hardin
Collins Hawkins
Cook Hethcox
Courtney Horne
Crews Hough
Davis Howell
Dayton Ingraham
Dowda Johnson
Dunn Kelly
Elliott Lantaff



Luckie
MacWilliam
Martin
McAlpin
McClure
McKendree
McKenzie
McMullen
Melvin
Merritt
Midyette
Moore
Morgan,



April 17, 1947



Morrow Roberts Smith, M. B. Wainwright
Murray Rowell Smith, R. C. Walton
Odham Saunders Stewart Williams, J. \J.
Oelkers Schuh Stirling Wilson
Papy Sellar Stokes Wotitzky
Peacock, J. T. Shepperd Strayhorn Yeomans
Peacock, J. R. Simpson Tapper
Peeples Smith, J. S. Taylor
Potter Smith, L. W. Usina
Nays-None.
So the bill passed, title as stated.
And the same was ordered certified to the Senate.
H. B. No. 147-A bill to be entitled An Act authorizing and
empowering the Board of County Commissioners of Hills-
borough County, Florida, to appraise and fix annually the
value of all county owned lands acquired for delinquent taxes,
without regard to last assessed value and to prescribe pro-
cedure where such lands are within corporate limits of a
municipality.
Was taken up.
Mr. Branch moved the rules be waived and House Bill No.
147 be read a second time by title.
Which was agreed to by a two-thirds vote.
And House Bill No. 147 was read a second time by title.
Mr. Branch moved the rules be further waived and House
Bill No. 147 be read a third time in full and placed upon its
passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 147 was read a third time in full.



When the v
results was:
Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis
Dayton
Nays-None.



ote was taken on the passage of the bill the



Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure
McKendree



McKenzie Simpson
McMullen Smith, J. S.
Melvin Smith, L. W.
Merritt Smith, M. B.
Midyette Smith, R. C.
Moore Stewart
Morgan Stirling
Morrow Stokes
Murray Strayhorn
Odham Tapper
Oelkers Taylor
Papy Usina
Peacock, J. T. Wainwright
Peacock, J. R. Walton
Peeples Williams, J. J.
Potter Wilson
Roberts Wotitzky
Rowell Yeomans
Saunders
Schuh
Sellar
Shepperd



So the bill passed, title as stated.
And the same was ordered certified to the Senate.
H. B. No. 148-A bill to be entitled An Act authorizing and
empowering the Board of County Commissioners of Hills-
borough County, Florida, to compromise, adjust and settle pav-
ing certificates held and owned by said county upon real estate
and issued under provisions of Chapter 10145, Laws of Florida,
1925, and to provide the method of effecting such compromise,
adjustment and settlement and the minimum basis thereof.
Was taken up.
Mr. Branch moved the rules be waived and House Bill No.
148 be read a second time by title.
Which was agreed to by a two-thirds vote.



94













JOURNAL ;OF THE HOUSE OFP REPRESENTATIVES.



-And House Bill No. 148 was read a second time by title.

Mr. Branch moved the rules be further waived and House
Bill No. 148 be read a third time in full and placed upon its
passage.

Which was agreed to by a two-thirds vote.

And House Bill 148 was read a third time in full.



When the vo
result was:

Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis
Nays-None.



)te was taken on the passage of the bill the



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Home
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



McKendree Shepperd
McKenzie Simpson
McMullen Smith, J. S.
Melvin Smith, L. W.
Merritt Smith, M. B.
Midyette Smith, R. C.
Moore Stewart
Morgan Stirling
Morrow Stokes
Murray Strayhorn
Odham Tapper
Oelkers Taylor
Papy Usina
Peacock, J. T. Wainwright
Peacock, J. R. Walton
Peeples Williams, J. J.
Potter Wilson
Roberts Wotitzky
Rowell -Yeomans
Saunders
Schuh
Sellar



So the bill passed, title as stated.

And the same was ordered certified to the Senate.
H. B. No. 149-A bill to be entitled An Act authorizing and
empowering the Board of County Commissioners of Hills-
borough County, Florida, to compromise, adjust, settle and
cancel any outstanding and unpaid Bayshore Seawall assess-
ments, together with any and all penalties, interest and fees
thereon, made under Chapter 9470, Laws of Floiida, Acts 1923
Legislature as amended by Chapter 12851, Laws of Florida,
Acts 1927 Legislature, and Chapter 14107, Laws of Florida, Acts
1929 Legislature, upon terms and conditions to be fixed and
determined by said board of county commissioners but in no
event upon less than (3%) three percent of the unpaid princi-
pal of any such assessment.
Was taken up.
Mr. Branch moved the rules be waived and House Bill No.
149 be read a second time by title.
Which was agreed to by a two-thirds vote.
And House Bill No. 149 was read a second time by title.
Mr. Branch moved the rules be further waived and House
Bill No. 149 be read a third time in full and placed upon its
passage.
Which was agreed to by a two-third vote.
And House Bill No. 149 was read a third time in full.
When the vote was taken on the passage of the bill the
result was:
Yeas-85.
Mr. Speaker Bryant Cobb, T. T. Dunn
Andrews Burnsed Collins Elliott
Akerman Burton Cook Fuqua
Barnhill Camp Courtney Gautier
Botts Carraway Crews Gilmore
Branch Clark, M. C. Davis Hardin
Bronson Clement Dayton Hawkins
Brown Cobb, Tyn Dowda Hethcox



95



Horne McMullen Potter Stokes
Hough Melvin Roberts Strayhorn
Howell Merritt Rowell Tapper
Ingraham Midyette Saunders Taylor
Johnson Moore Schuh Usina
Kelly Morgan Sellar Wainwright
Lantaff Morrow Shepperd Walton
Luckie Murray Simpson Williams, J. 'J.
MacWilliam Odham Smith, J. S. Wilson
Martin Oelkers Smith, L. W. Wotitzky
McAlpin Papy Smith, M. B. Yeomans
McClure Peacock, J. T. Smith, P. C.
McKendree Peacock, J. R. Stewart
McKenzie Peeples Stirling
Nays-None.

So the Bill passed, title as stated.

And the same was ordered certified to the Senate.

H. B. No. 150-A bill to be entitled An Act authorizing and
empowering the Board of County Commissioners of Hillsbor-
ough County, Florida, to compromise, adjust and settle paving
certificates held and owned by said county, upon real estate,
and issued under provisions of Chapter 13591, Laws of Florida
1929, and to provide the method of effecting such compromise,
adjustment and settlement and the minimum basis thereof.

Was taken up.
Mr. Martin moved the rules be waived and House Bill
No. 150 be read a second time by title.
Which was agreed to by a two-thirds vote.
And House Bill No. 150 was read a second time by title.
Mr. Martin moved the rules be further waived and House
Bill No. 150 be read a third time in full and placed upon its
passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 150 was .read a third time in full.
When the vote was taken on the passage of the bill the



result was:
Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement.
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtriey
Crews
Davis



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



McKendree
McKenzie
McMullen
Melvin
Merritt
Midyette
Moore
Morgan
Morrow
Murray
Odham
Oelkers
Papy
Peacock, J. T.
Peacock, J. R.
Peoples
Potter
Roberts
Rowell
Saunders
Schuh
Sellar



Shepperd
Simpson
Smith, J. S.
Smith, L. W.
Smith, M. B.
Smith, R. C.
Stewart
Stirling
Stokes
Strayhorn
Tapper
Taylor
Usina
Wainwright
Walton
Williams, J. J.
Wilson
Wotitzky
Yeomans



Nays-None.
So the Bill passed, title as stated.
And the same was ordered certified to the Senate.
H. B. No. 151-A bill to be entitled An Act authorizing, em-
powering and directing the Board of County Commissioners
of Hillsborough County; Florida, to cancel of record any im-
provement liens held and owned by said county against br
upon any real property the title to which heretofore or here-
after vests in said county under the provisions of Chapter



April 17; 1:947













JOURNAL OF THE HOUSE OF REPRESENTATIVES



April 17, 1947



22079, Laws of Florida, Acts 1943 Legislature, including but
not restricted to Bayshore Seawall assessments made under
Chapter 9470, Acts 1923 Florida Legislature, as amended, pav-
ing certificates or liens under Chapter 9316, Acts 1923 Florida
Legislature, paving liens under Chapter 10140, Acts 1925 Florida
Legislature, and paving certificates or liens under Chapter
10145, Acts 1925 Florida Legislature.
Was taken up.
Mr. McMullen moved the rules be waived and House Bill
No. 151 be read a second time by title.
Which was agreed to by a two-thirds vote.
And House Bill No. 151 was read a second time by title.
Mr. McMullen moved the rules be further waived and
House Bill No. 151 be read a third time in full and placed
upon its passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 151 was read a third time in full.
When the vote was taken on the passage of the bill the
result was:



Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis
Nays-None.



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



McKendree Shepperd
McKenzie Simpson
McMullen Smith, J. S.
Melvin Smith, L. W.
Merritt Smith, M. B.
Midyette Smith, R. C.
Moore Stewart
Morgan Stirling
Morrow Stokes
Murray Strayhorn
Odham Tapper
Oelkers Taylor
Papy Usina
Peacock, J. T. Wainwright
Peacock, J. R. Walton
Peeples Williams, J. J.
Potter Wilson
Roberts Wotitzky
Rowell Yeomans
Saunders
Schuh
Sellar



So the Bill passed, title as stated.
And the same was ordered certified to the Senate.

H. B. No. 152-A bill to be entitled An Act authorizing and
empowering the Board of County Commissioners of Hillsbor-
ough County, Florida, to compromise and settle liens and as-
sessments now held and owned by said county, upon real estate,
and issued under provisions of Chapter 10140, Laws of Florida
1925, and to cancel and discharge unpaid interest and penal-
ties thereon, and to provide the method of effecting such com-
promise and settlement, and the minimum basis of such com-
promises.

Was taken up.

Mr. Martin moved the rules be waived and House Bill No.
152 be read a second time by title.

Which was agreed to by a two-thirds vote.
And House Bill No. 152 was read a second time by title.

Mr. Martin moved the rules be further waived and House
Bill No. 152 be read a third time in full and placed upon its
passage.

Which was agreed to by a two-thirds vote.

And House Bill No. 152 was read a third time in full.



When the
result was:
Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis



vote was taken on the passage of the bill the



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



McKendree Shepperd
McKenzie Simpson
McMullen Smith, J. S.
Melvin Smith, L. W.
Merritt Smith, M. B.
Midyette Smith, R. C.
Moore Stewart
Morgan Stirling
Morrow Stokes
Murray Strayhorn
Odham Tapper
Oelkers Taylor
Papy Usina
Peacock, J. T. Wainwright
Peacock, J. R. Walton
Peeples Williams, J. T.
Potter Wilson
Roberts Wotitzky
Rowell Yeomans
Saunders
Schuh
Sellar



Nays-None.
So the Bill passed, title as stated.
And the same was ordered certified to the Senate.
H. B. No. 153-A bill to be entitled An Act authorizing
and empowering the Board of County Commissioners of
Hillsborough County, Florida to use and utilize county pub-
lic roads and road rights of way as herein defined, for
drainage purposes.
Was taken up.
Mr. Martin moved the rules be waived and House Bill No.
153 be read a second time by title.
Which was agreed to by a two-thirds vote.
And House Bill No. 153 was read a second time by title.
Mr. Martin moved the rules be further waived and House
Bill No. 153 be read a third time in full and placed upon
its passage.
Which was agreed to by a two-thirds vote.

And House Bill No. 153 was read a third time in full.
When the vote was taken on the passage of the bill the
result was:



Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis
Nays-None.,



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



McKendree
McKenzie
McMullen
Melvin
Merritt
Midyette
Moore
Morgan
Morrow
Murray
Odham
Oelkers
Papy
Peacock, J.
Peacock, J.
Peeples
Potter
Roberts
Rowell
Saunders
Schuh
Sellar



Shepperd
Simpson
Smith, J. S.
Smith, L. W.
Smith, M. B.
Smith, R. C.
Stewart
Stirling
Stokes
Strayhorn
Tapper
Taylor
Usina
T. Wainwright
R.. Walton
Williams, J. LT.
Wilson
Wotitzky
Yeomans













JOURNAL OF THE HOUSE OF REPRESENTATIVES



So the Bill passed, title as stated.
And the same was ordered certified to the Senate.
H. B. No. 162-A bill to be entitled An Act to authorize the
Board of County Commissioners of Bay County to levy a special
tax of one (1) mill upon all property, real or personal, subject
to taxation in Bay County, and to authorize the collection of
such special tax and to appropriate the money derived from
the levy and collection of such tax.
Was taken up.
Mr. Courtney moved the rules be waived and House Bill
No. 162 be read a second time by title.
Which was agreed to by a two-thirds vote.
And House Bill No. 162 was read a second time by title.
Mr. Courtney moved the rules be further waived and House
Bill No. 162 be read a third time in full and placed upon
its passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 162 was read a third time in full.



When the v<
result was:
Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis
Nays-None.



ote was taken on the passage of the bill the



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



McKendree
McKenzie
McMullen
Melvin
Merritt
Midyette
Moore
Morgan
Morrow
Murray
Ddham
Delkers
Papy
Peacock, J. T.
Peacock, J. R.
Peeples
Potter
Roberts
Rowell
Saunders
Schuh
Sellar



Shepperd
Simpson
Smith, J. S.
Smith, L. W.
Smith, M. B.
Smith, R. C.
Stewart
Stirling
Stokes
Strayhorn
rapper
taylor
Usina
Vainwright
Walton
Williams, J. LJ.
Wilson
Wotitzky
Yeomans



So the Bill passed, title as stated.
And the same was ordered certified to the Senate.
H. B. Bill No. 174-A bill to be entitled An Act to fix
the compensation and salary to be paid the Probation and
Parole Officer, or supervisor, of the Criminal Court of Rec-
ord of Hillsborough County, Florida; providing for an as-
sistant to said Probation and Parole Officer, or Supervisor,
and fixing his salary and expenses; providing for two sten-
ographers and fixing their compensation; providing for the
payment of office rental and office expenses; providing for
the payment of automobile expenses, maintenance, upkeep
and repairs; and providing that all of said moneys shall
be paid by Hillsborough County, Florida, and repealing all
laws in conflict herewith.
Was taken up.
Mr. Martin moved the rules be waived and House Bill No.
174 be read a second time by title.
Which was agreed to by a two-thirds vote.
And House Bill No. 174 was read a second time by title.
Mr. Martin moved the rules be further waived and House
Bill No. 174 be read a third time in full and placed upon its
passage.
Which was agreed to by a two-thirds vote.



And House Bill No. 174 was read a third time in full.



vote was taken on the passage of the bill the



When the
result was:
Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis



McKendree Shepperd
McKenzie Simpson
McMullen Smith, J. S.
Melvin Smith, L. W.
Merritt Smith, M. B.
Midyette Smith, R. C.
Moore Stewart
Morgan Stirling
Morrow Stokes
Murray Strayhorn
Odham Tapper
Oelkers Taylor
Papy Usina
Peacock, J. T. Wainwright
Peacock, J. R. Walton
Peeples Williams, J. J.
Potter Wilson
Roberts Wotitzky
Rowell Yeomans
Saunders
Schuh
Sellar



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



Nays-None.
So the Bill passed, title as stated.
And the same was ordered certified to the Senate.
H. B. No. 177-A bill to be entitled An Act authorizing
the City of Tarpon Springs, Florida to sell and convey
certain real estate owned by the City of Tarpon Springs
and providing for the effective date of this act and for a
referendum.
Was taken up.
Mr. Clement moved the rules be waived and House Bill
No. 177 be read a second time by title.
Which was agreed to by a two-thirds vote.
And House Bill No. 177 was read a second time by title.
Mr. Clement moved the rules be further waived and House
Bill No. 177 be read a third time in full and placed upon its
passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 177 was read a third time in full.
When the vote was taken on the passage of the bill the
result was:
Yeas-85.
Mr. Speaker Dayton McKendree Shepperd
Akerman Dowda McKenzie Simpson
Andrews Dunn McMullen Smith, J. S.
Barnhill Elliott Melvin Smith, L. W.
Botts Fuqua Merritt Smith, M. B.
Branch Gautier Midyette Smith, R. C.
Bronson Gilmore Moore Stewart
Brown Hardin Morgan Stirling
Bryant Hawkins Morrow Stokes
Burnsed Hethcox Murray Strayhorn
Burton Horne Odham Tapper
Camp Hough Oelkers Taylor
Carraway Howell Papy Usina
Clark, M. C. Ingraham Peacock, J. T. Wainwright
Clement Johnson Peacock, J. R. Walton
Cobb, Tyn Kelly Peeples Williams, J. J.
Cobb, T. T. Lantaff Potter Wilson
Collins Luckie Roberts Wotitzky
Cook MacWilliam Rowell Yeomans
Courtney Martin Saunders
Crews McAlpin Schuh
Davis McClure Sellar
Nays-None.



April 17, 1947












JOURNAL OF THE HOUSE OF REPRESENTATIVES



So the bill was passed, title as stated.
And the same was ordered certified to the Senate.
H. B. No. 182-A bill to be entitled An Act authorizing
the City of Chipley, in Washington County, Florida, acting
through its City Council, to sell, exchange, convey or other-
wise dispose of any real or personal property owned or
held by said city when not needed for municipal purposes.
Was taken up.
Mr. Potter moved the rules be waived and H. B. No. 182 be
read a second time by title.
Which was agreed to by a two-thirds vote.
And H. B. No. 182 was read a second time by title.
Mr. Potter moved the rules be further waived and H. B. No.
182 be read a third time in full and placed upon its passage.
Which was agreed to by a two-thirds vote.
And H. B. No. 182 was read a third time in full.



When the vote was taken on the pas
result was:
Yeas-85.
Mr. Speaker Dayton McKendre
Akerman Dowda McKenzie
Andrews Dunn McMullen
Barnhill Elliott Melvin
Botts Fuqua Merritt
Branch Gautier Midyette
Bronson Gilmore Moore
Brown Hardin Morgan
Bryant Hawkins Morrow
Burnsed Hethcox Murray
Burton Home Odham
Camp Hough Oelkers
Carraway Howell Papy
Clark, M. C. Ingraham Peacock,,
Clement Johnson Peacock,
Cobb, Tyn Kelly Peeples
Cobb, T. T. Lantaff Potter
Collins Luckie Roberts
Cook MacWilliam Rowell
Courtney Martin Saunders
Crews McAlpin Schuh
Davis McClure Sellar
Nays-None.
So the bill was passed, title as stated.



sage of the bill the



ne











J. T.
J. R.



Shepperd
Simpson
Smith, J. S.
Smith, L. W.
Smith, M. B.
Smith, R. C.
Stewart
Stirling
Stokes
Strayhorn
Tapper
Taylor
Usina
Wainwright
Walton
Williams, J. J.
Wilson
Wotitzky
Yeomans



And the same was ordered certified to the Senate.
H. B. No. 183-A bill to be entitled An Act requiring the
Board of County Commissioners of Washington County, Flor-
ida, to pay to the Board of Trustees for the proposed Public
Hospital of Washington County, Florida, during each of three
successive, fiscal years of said county, the first of said fiscal
years to be the one beginning October 1, 1946, such part of
the racing revenue from the operation of race tracks in the
State of Florida received by said Board of County Commis-
sioners during each of said years under the statutes of the
State of Florida as exceeds the sum of $16,500.00, providing
that no more than $30,000.00 shall be paid in any one of said
fiscal years to said Board of Trustees, and providing that the
money so received by said Board of Trustees shall be used
by them in constructing and equipping said public hospital.
Was taken up.
Mr. Potter moved the rules be waived and H. B. No. 183 be
read a second time by title.
Which was agreed to by a two-thirds vote.
And H. B. No. 183 was read a second time by title.
Mr. Potter moved the rules be further waived and H. B. No,
183 be read a third time in full and placed upon its passage,
Which was agreed to by a two-thirds vote.



April 17, 1947



And H. B. No. 183 was read a third time in full.



When the
result was:
Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis



vote was taken on the passage of the bill the



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Home
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



McKendree Shepperd
McKenzie Simpson
McMullen Smith, J. S.
Melvin Smith, L. W.
Merritt Smith, M. B.
Midyette Smith, R. C.
Moore Stewart
Morgan Stirling
Morrow Stokes
Murray Strayhorn
Odham Tapper
Oelkers Taylor
Papy Usina
Peacock, J. T. Wainwright
Peacock, J. R. Walton
Peeples Williams, J. iJ.
Potter Wilson
Roberts Wotitzky
Rowell Yeomans
Saunders
Schuh
Sellar



Nays-None.
So the bill was passed, title as stated.
And the same was ordered certified to the Senate.
H.B. No. 184-A bill to be entitled An Act requiring a new
registration in new registration books of all electors of Wash-
ington County, Florida to qualify them to vote in any general,
special or primary state or county election held in said county
after the calendar year 1947.
Was taken up.
Mr. Potter moved the rules be waived and H. B. No. 184 be
read a second time by title.
Which was agreed to by a two-thirds vote.
And H. B. No. 184 was read a second time by title.
Mr. Potter moved the rules be further waived and H. B. No.
184 be read a third time in full and placed upon its passage.
Which was agreed to by a two-thirds vote.

And H. B. No. 184 was read a third time in full.



When the
result was:
Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis



vote was taken on the passage of the bill the



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



McKendree Shepperd
McKenzie Simpson
McMullen Smith, J. S.
Melvin Smith, L. W.
Merritt Smith, M. B.
Midyette Smith, R. C.
Moore Stewart
Morgan Stirling
Morrow Stokes
Murray Strayhorn
Odham Tapper
Oelkers Taylor
Papy Usina
Peacock, J. T. Wainwright
Peacock, J. R. Walton
Peeples Williams, J. \T,
Potter Wilson
Roberts Wotitzky
Rowell Yeomans
Saunders
Schuh
Sellar



Nays-None.












April 17, 1947



JOURNAL OF THE HOUSE OF REPRESENTATIVES



So the bill was passed, title as stated.
And the same was ordered certified to the Senate.
H. B. No. 185-A bill to be entitled An Act extending the
corporate limits of the City of Chipley, in Washington County,
Florida, and providing that the territory hereby annexed to
said municipality and taxable personal property belonging to
residents thereof shall be liable for taxation to pay their pro-
portionate part of the present bonded and other indebtedness
of said City of Chipley.
Was taken up.
Mr. Potter moved the rules be waived and H. B. No. 185 be
read a second time by title.
Which was agreed to by a two-thirds vote.
And H. B. No. 185 was read a second time by title.
Mr. Potter moved the rules be further waived and H. B. No.
185 be read a third time in full and placed upon its passage.
Which was agreed to by a two-thirds vote.
And H. B. No. 185 was read a third time in full.



When the v
result was:
Yeas-85.
Mr. Speaker
Akerman
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Clark, M. C.
Clement
Cobb, .Tyn
Cobb, T. T.
Collins
Cook
Courtney
Crews
Davis
Nays-None.



ote was taken on the passage of the bill the



Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Horne
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam
Martin
McAlpin
McClure



McKendree Shepperd
McKenzie Simpson
McMullen Smith, J. S.
Melvin Smith, L. W.
Merritt Smith, M. B.
Midyette Smith, R. C.
Moore Stewart
Morgan Stirling
Morrow Stokes
Murray Strayhorn
Odham Tapper
Oelkers Taylor
Papy Usina
Peacock, J. T. Wainwright
Peacock, J. R. Walton
Peeples Williams, 'J. J.
Potter Wilson
Roberts Wotitzky
Rowell Yeomans
Saunders
Schuh
Sellar



So the bill was passed, title as stated.
And the same was ordered certified to the Senate.

HOUSE CLAIM BILLS

H. B. No. 101-A bill to be entitled An Act providing for
the application of gasoline and other fuel tax funds ac-
cruing to Flagler County under Section 16 of Article IX
of the Constitution of this State, to Flagler County's pro-
portionate share of the cost of construction of the brick
road originally constructed by St. Johns County.
Was taken up.
Mr. Sheppard moved that the rules be waived and House
Bill No. 101 be read a second time by its title.
Which was agreed to by a two-thirds vote.

And House Bill No. 101 was read a second time by its title.

Mr. Sheppard moved that the rules be further waived and
that House Bill No. 101 be read a third time in full and placed
upon its passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 101 was read a third time in full.



When the
result was:
Yeas-77.
Mr. Speaker
Akerman
Alexander
Andrews
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Carter
Clark, M. C.
Clement
Cobb, Tyn
Cobb, T. T.
Collins
Nays-1.
Smith, L. W.



vote was taken on the passage of the bill the



Cook
Courtney
Crews
Davis
Dayton
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hethcox
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie



MacWilliam Schuh
Martin Sellar
McAlpin Shepperd
McClure Simpson
McKendree Smith, J. S.
McMullen Smith, M. B.
Melvin Stokes
Merritt Strayhorn
Midyette Tapper
Morgan Taylor
Morrow Usina
Odham Wainwright
Oelkers Walton
Papy Williams, G. K.
Peacock, J. T. Wilson
Peacock, J. R. Wotitzky
Peeples Yeomans
Potter
Roberts
Rowell



So House Bill No. 101 passed, title as stated, by the required
Constitutional two-thirds vote of all member elected to the
House of Representatives for the 1947 Session of the Legislature.
And the same was ordered certified to the Senate.
H. B. No. 132-A bill to be entitled An Act for the relief of
the widow and minor children of Clark Gourley, deceased, late
of Alachua County, Florida.
Was taken up.
Mr. Carter moved that the rules-be waived and House Bill
No. 132 be read a second time by its title.
Which was agreed to by a two-thirds vote.
And House Bill No. 132 was read a second time by its title.
Amendment No. 1:

The Committee on Claims and State Pensions offered the
following amendment to House Bill No. 132:

In Section 1, line 3, of the bill, strike out the word "warrant",
and insert in lieu thereof the word "warrants".

Mr. Carter moved the adoption of the amendment.
The motion was agreed to, and the amendment was adopted.
Amendment No. 2:
The Committee on Claims and State Pensions offered the
following amendment to House Bill No, 132:

In Section 1, line 6, of the bill, strike out the word "dollars"
and insert the following in lieu thereof: "Dollars in fifty (50)
monthly installments of One Hundred ($100.00) Dollars each,
beginning July 1, 1947".

Mr. Carter moved the adoption of the amendment.
The motion was agreed to, and the amendment was adopted.
Mr. Carter moved that the rules be further waived and
House Bill No. 132, as amended, be read a third time in full
and placed upon its passage.

Which was agreed to by a two-thirds vote.

And House Bill No. 132, as amended, was read the third time
in full.

When the vote was taken on the passage of the bill, as
amended, the result was:



99












JOURNAL OF THE HOUSE OF REPRESENTATIVES



April 17, 1947



Yeas-77.
Mr. Speaker Cook MacWilliam Schuh
Akerman Courtney Martin Sellar
Alexander Crews McAlpin Shepperd
Andrews Davis McClure Simpson
Barnhill Dayton McKendree Smith, J. S.
Botts Dowda McMullen Smith, M. B.
Branch Dunn Melvin Stokes
Bronson Elliott Merritt Strayhorn
Brown Fuqua Midyette Tapper
Bryant Gautier Morgan Taylor
Burnsed Gilmore Morrow Usina
Burton Hardin Odham Wainwright
Camp Hethcox Oelkers Walton
Carraway Hough Papy Williams, G. K.
Carter Howell Peacock, J. T. Wilson
Clark, M. C. Ingraham Peacock, J. R. Wotitzky
Clement Johnson Peeples Yeomans
Cobb, Tyn Kelly Potter
Cobb, T. T. Lantaff Roberts
Collins Luckie Rowell
Nays-1.
Smith, L. W.
So House Bill No. 132 passed, as amended, by the required
Constitutional two-thirds vote of all members elected to the
House of Representatives for the 1947 Session of the Legislature.
And the same was ordered referred to the Committee on
Engrossed Bills.
SENATE LOCAL BILLS ON SECOND READING
S. B. No. 33-A bill to be entitled An Act relating to the
salaries of each of the circuit judges of the Seventh Judicial
Circuit of Florida embracing Volusia, Flagler, Putnam and St.
Johns Counties and providing that a part of the salary of each
judge be paid from the general revenue fund of such counties
in the proportion that the population of each county bears to
the total population of such circuit as determined by the pre-
ceding state or federal census, whichever shall be the later;
making the same a county purpose; making an annual ap-
propriation therefore; providing the effective date hereof and
repealing all laws in conflict herewith.
Was taken up.
Mr. Dowda moved the rules be waived and Senate Bill No.
33 be read a second time by title.
Which was agreed to by a two-thirds vote.
And Senate Bill No. 33 was read a second time by title.
Mr. Dowda moved the rules be further waived and Senate
Bill No. 33 be read a third time in full and placed upon
its passage.
Which was agreed to by a two-thirds vote.
And Senate Bill No. 33 was read a third time in full.
When the vote was taken on the passage of the bill the
result was:
Yeas-85.
Mr. Speaker Dayton McKendree Shepperd
Akerman Dowda McKenzie Simpson
Andrews Dunn McMullen Smith, J. S.
Barnhill Elliott Melvin Smith, L. W.
Botts Fuqua Merritt Smith, M. B.
Branch Gautier Midyette Smith, R. C.
Bronson Gilmore Moore Stewart
Brown Hardin Morgan Stirling
Bryant Hawkins Morrow Stokes
Burnsed Hethcox Murray Strayhorn
Burton Home Odham Tapper
Camp Hough Oelkers Taylor
Carraway Howell Papy Usina
Clark, M. C. Ingraham Peacock, J. T. Wainwright
Clement Johnson Peacock, J. R. Walton
Cobb, Tyn Kelly Peeples Williams, 7. J.
Cobb, T. T. Lantaff Potter Wilson
Collins Luckie Roberts Wotitzky
Cook MacWilliam Rowell Yeomans
Courtney Martin Saunders
Crews McAlpin Schuh
Davis McClure Sellar
Nays-None.



Mr. Speaker
Akerman
Alexander
Barnhill
Botts
Branch
Bronson
Brown
Bryant
Burnsed
Burton
Camp
Carraway
Carter
Clark, C. L.
Clark, M. C.
Cobb, Tyn
Cobb, T. T.
Collins
Cook
Nays-3.
Dayton



Courtney
Crews
Davis
Dowda
Dunn
Elliott
Fuqua
Gautier
Gilmore
Hardin
Hawkins
Hethcox
Hough
Howell
Ingraham
Johnson
Kelly
Lantaff
Luckie
MacWilliam



Horne



Martin Saunders
McAlpin Sellar
McClure Shepperd
McKendree Simpson
McMullen Smith, J. S.
Melvin Smith, L. W.
Merritt Smith, M. B.
Midyette Smith, R. C.
Moore Stirling
Morgan Stokes
Morrow Strayhorn
Murray Tapper
Odham Usina
Oelkers Wainwright
Papy Walton
Peacock, J. T. Williams, G. K.
Peacock, J. R. Wilson
Peeples Yeomans
Potter
Rowell



McKenzie



So the bill passed as amended.



100



So the bill passed, title as stated.
And the same was ordered certified to the Senate.


HOUSE BILLS OF GENERAL NATURE ON
SECOND READING

H. B. No. 14-A bill to be entitled An Act relating to the
Recording of Written Orders, Judgments and Decrees in Ac-
tions at Law and Suits in Equity.

Was taken up.

Mr. Morrow moved the rules be waived and House Bill
No. 14 be read a second time by title.

Which was agreed to by a two-thirds vote.
And House Bill No. 14 was read a second time by title.
Amendment No. 1:
The Committee on Judiciary "A" offered the following
amendment to House Bill No. 14:
In Section 1, line 3, of the bill, after the word "equity",
insert the following: "in any of the several Courts of the
State of Florida,"
Mr. Morrow moved the adoption of the amendment.
Which was agreed to, and the amendment was adopted.
Amendment No. 2:
The Committee on Judiciary "A" offered the following
amendment to House Bill No. 14:
At the end of the title, strike out the period and insert
a comma and add the following words: "in the several courts
of the State of Florida."

Mr Morrow moved the adoption of the amendment.
Which was agreed to and the amendment was adopted.
Mr. Morrow moved that the rules be further waived and
House Bill No. 14, as amended, be read a third time in full
and placed upon its passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 14, as amended, was read the third time
in full.

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

Yeas-78.





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