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September 1949
Wednesday, September 7 Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Thursday, September 8 Page 7 Page 8 Page 9 Page 10 Friday, September 9 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Monday, September 12 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Tuesday, September 13 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Wednesday, September 14 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Thursday, September 15 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Friday, September 16 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Monday, September 19 Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 Page 84 Page 85 Tuesday, September 20 Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Wednesday, September 21 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Thursday, September 22 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Friday, September 23 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 Page 142 Page 143 Page 144 Page 145 Page 146 Page 147 Page 148 Page 149 Page 150 Page 151 Page 152 Page 153 Page 154 Page 155 Page 156 Page 157 Page 158 Page 159 Page 160 Page 161 Page 162 Page 163 Page 164 Page 165 Page 166 Page 167 Page 168 Page 169 Page 170 Page 171 Page 172 Page 173 Page 174 Page 175 Page 176 Page 177 Page 178 Page 179 Page 180 Page 181 Page 182 Page 183 Page 184 Page 185 Page 186 Page 187 Page 188 Page 189 Page 190 Page 191 Page 192 Page 193 Page 194 Saturday, September 24 Page 195 Page 196 Page 197 Page 198 Page 199 Page 200 Page 201 Page 202 Page 203 Page 204 Page 205 Page 206 Page 207 Page 208 Page 209 Page 210 Page 211 Page 212 Page 213 Page 214 Page 215 Page 216 Page 217 Page 218 Page 219 Page 220 Page 221 Page 222 Page 223 Page 224 Page 225 Page 226 Page 227 Page 228 Page 229 Page 230 Index Miscellaneous Subjects of the House of Representatives Page 231 Page 232 Page 233 Page 234 Page 235 Page 236 Numerical Index of the House Bills, Resolutions, Concurrent Resolutions, Joint Resolutions, and Memorials Page 237 Page 238 Page 239 Page 240 Page 241 Numerical Index of Senate Bills, Resolutions, Concurrent Resolutions, Joint Resolutions, and Memorials Appearing in House Journal Page 242 Page 243 Page 244 Page 245 |
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EXTRAORDINARY SESSION JOURNAL OF THE HOUSE OF REPRESENTATIVES Journal of the Extraordinary Session of the House of Representatives, convened at the Capitol in Tallahassee by proclamation of the Governor. Wednesday, September 7, 1949 STATE OF FLORIDA EXECUTIVE DEPARTMENT TALLAHASSEE STo the Honorable Members of the Senate and House of Representatives: WHEREAS, the Florida Legislature which convened in regular session on April 5, 1949, adjourned Sine Die without having provided sufficient revenue to defray the expenses of all departments of the State Government, including State appropriations for the common schools, the institutions of higher learning, the health and welfare programs, and to support the state institutions as expressly provided by Section 2 of Article 9 of the Constitution of the State, and WHEREAS, unless the Legislature convenes and provides sufficient revenue to meet the needs of the State Government, including state appropriations for common schools, the insti- tutions of higher learning, the health and welfare programs, the state institutions, and all other departments of the State Government, chaos will result; NOW, THEREFORE, I, Fuller Warren, Governor of the State of Florida by virtue of the power and authority vested in me by the Constitution of the State do hereby convene the Legislature of the State of Florida in extraordinary session at the Capitol in Tallahassee at 12:00 o'clock noon, September 7, 1949, for the sole purpose of considering the enactment of laws and proposing constitutional amendments which will raise or provide sufficient revenue to defray the expenses of the government, including state appropriations for common schools, institutions of higher learning, the health and welfare pro- grams, the state institutions, and all other functions of government. (SEAL) IN WITNESS, WHEREOF, I have hereunto set my hand as Governor, and caused the Great Seal of the State of Florida to be hereto affixed at Tallahassee, Florida, the Capital of the State, this 16th day of August, A. D. 1949, and of the Independence of the United States of America, the One Hundred and Seventy-Fourth Year. FULLER WARREN, GOVERNOR BY THE GOVERNOR, ATTEST: R. A. GRAY, SECRETARY OF STATE The House of Representatives was called to order at 12:00 o'clock noon Wednesday, September 7, 1949, by the Honorable Perry E. Murray, Speaker of the House of Representatives. The roll was called and the following Members answered to their names: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney David Dayton Dekle Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin McClure McKendree McMullen Melvin Merchant Merritt Monahan Moody Morgan Nesmith Odham Okell Papy Parker Smith, W. A. Patton Stewart Pearce Stockdale Peeples Strayhorn Phillips Summers Pooser Surles Roberts, J. P. Sweeny Rood Tapper Saunders, D. H.Thornal Saunders, S. D. Usina Scarborough Whitlock Schuh Williams Sellar Wise Shepperd Wotitzky Simpson Yeomans Slaughter Smith, L. W. Smith, M. B. A quorum present. The following prayer was offered by Reverend J. L. Hunter, Chaplain: Almighty God, Father and Saviour of us all, from genera- tion to generation thou hast endowed men with power and knowledge and wisdom, and Thou hast used men for Thy high purpose and designs. Grant to these, Thy servants, a portion of Thy Spirit that in humility and high resolve they may serve Thee in the task of law making. Give them understanding hearts. Breathe Thy loving Spirit upon them in this hour and may they be able to dedicate all their powers to Thy service. Make all their days bright with Thy presence. For Christ's sake- Amen. STATE OF FLORIDA OFFICE SECRETARY OF STATE TALLAHASSEE I, R. A. GRAY, Secretary of State of the State of Florida, do hereby certify that CECIL DOUGLAS, Union County, was at a special election held on the First day of September, A. D. 1949, elected member of the House of Representatives, succeeding M. J. Sapp, deceased. (SEAL) GIVEN, under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the 7th day of September, A. D. 1949. R. A. GRAY, Secretary of State. STATE OF FLORIDA OFFICE SECRETARY OF STATE TALLAHASSEE I, R. A. GRAY, Secretary of State of the State of Florida, do hereby certify that ROY F. ROBERTS, Brevard County, was at a special election held on the First day of September, JOURNAL OF THE HOUSE OF REPRESENTATIVES September 7, 1949 A. D. 1949, elected member of the House of Representatives, succeeding Hubert E. Griggs, resigned. GIVEN, under my hand and the Great Seal of the State of Florida, at Tallahassee, the (SEAL) Capital, this the 7th day of September, A. D. 1949. R. A. GRAY, Secretary of State. Mr. Clement moved that a committee of three be appointed to escort to the rostrum Messrs. Cecil Douglas and Roy Roberts, newly elected Members, to take the oath of office. The motion was agreed to, and it was so ordered. Thereupon, the Speaker appointed Messrs. Burton, Parker and Clement as a committee to escort Messrs. Douglas and Roberts to the rostrum, where they took the oath of office, administered by Justice B. K. Roberts of the Supreme Court. Mr. Dowda moved that the proclamation of the Governor be spread upon the Journal. The motion was agreed to, and it was so ordered. COMMUNICATIONS June 20, 1949 Honorable Perry E. Murray, Speaker, House of Representatives. Dear Mr. Murray: I regret to inform you that it has become necessary that I resign as Sergeant at Arms of the House of Representatives. I find that after I retire I cannot hold any State position even without pay. I wish to thank you and the members of the House for the many kindnesses and the great assistance you have rendered me as your Sergeant. I wish to assure you that it has been a pleasure to serve you. I will be around during the Session and will be glad to have you call on me at any time you feel I can be of help to you or any of the members. I wish again to thank you for your many kindnesses to me and with best wishes I am Respectfully, W. S. "BUDDY" McLIN -which was read. The Speaker announced the appointment of Mrs. Lamar Bledsoe as Chief Clerk. The Speaker announced the appointment of Mr. Amos Davis as Sergeant-at-Arms. Mr. Clement moved that these appointments be confirmed by the House. The motion was agreed to, and it was so ordered. The oath of office was administered by Justice Roberts to Mrs. Lamar Bledsoe as Chief Clerk and Mr. Amos Davis as Sergeant-at-Arms. INTRODUCTION OF HOUSE RESOLUTIONS By Mr. Clement of Pinellas- House Resolution No. 1-X('49): A RESOLUTION CONCERNING THE ELECTIVE OFFI- CERS OF THE HOUSE OF REPRESENTATIVES FOR THE 1949 EXTRAORDINARY SESSION OF THE LEGISLATURE. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF FLORIDA: Section 1. That all elective officers of the 1949 regular session of the House of Representatives be and the same are hereby elected for the 1949 Extraordinary Session except the Sergeant-at-Arms, Honorable W. S. McLin, who has resigned and has expressed his desire as not serving further at this session. -which was read by title. Mr. Clement moved that House Resolution No. 1-X('49) be read a second time in full. The motion was agreed to, and House Resolution No. 1-X('49) was read in full. Mr. Clement moved the adoption of the resolution. The motion was agreed to, and House Resolution No. 1-X('49) was adopted. By Mr. Clement of Pinellas- House Resolution No. 2-X('49): A RESOLUTION IN REFERENCE TO THE STANDING COMMITTEES OF THE 1949 REGULAR SESSION OF THE LEGISLATURE AND PROVIDING THAT THEY SHALL BE THE STANDING COMMITTEES FOR THE EXTRAORDIN- ARY SESSION JUST CONVENED. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF FLORIDA: Section 1. That the Standing Committees as the same were constituted at the lose of the 1949 regular session of the Legislature shall be the same for the Extraordinary Ses- sion just convened, provided, however, that the Speaker shall assign to such committees any new Member of the House serving for the first time in the year 1949. -which was read by title. Mr. Clement moved that House Resolution No. 2-X('49) be read a second time in full. The motion was agreed to, and House Resolution No. 2-X('49) was read in full. Mr. Clement moved the adoption of the resolution. The motion was agreed to, and House Resolution No. 2-X('49) was adopted. A Committee from the Senate, composed of Senators San- chez of the 17th, Crary of the 12th, and Smith of the 29th, appeared at the Bar of the House of Representatives and in- formed the House that the Senate was organized and ready to transact business. By Mr. Clement of Pinellas- House Resolution No. 3-X('49): A RESOLUTION CONCERNING THE RULES FOR THE 1949 EXTRAORDINARY SESSION OF THE LEGISLATURE OF THE STATE OF FLORIDA. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF FLORIDA: Section 1. That the standing Rules of the House of Rep- resentatives as printed for the regular session of 1949, as amended, be and the same are hereby adopted as the Rules of the 1949 Extraordinary Session. -which was read by title. Further consideration of House Resolution No. 3-X('49) was informally passed. By Mr. Clement of Pinellas- H. R. No. 4-X('49)-A Resolution providing for the Rules of Procedure and Policies of the House of Representatives for the 1949 Extraordinary Session of the Florida Legislature. BE IT RESOLVED BY THE HOUSE OF REPRESENTA- TIVES OF THE STATE OF FLORIDA IN EXTRAORDINARY SESSION ASSEMBLED: 1. THAT each Member of the House of Representatives be allowed to designate one competent attache to serve as, his personal secretary during the extraordinary session of the 1949 House of Representatives, which attache so designated shall be enrolled as an employee of the House from September 7, 1949. 2. THAT a maximum of two thousand seven hundred fifty (2,750) copies of the daily journal, and a maximum of three 2 September 7, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES hundred fifty (350) copies of the daily calendar be ordered printed each day. 3. THAT each member of this House be allowed to mail a maximum of twenty (20) daily copies of the journal. 4. THAT the Speaker is hereby authorized to instruct the Committee on Legislative Expense to procure stamps for the use of the Members in transacting official business, but not to exceed thirty-five (35) three cent (3c) stamps a day, pro- vided, however, Representatives from the five most populous counties shall be furnished such stamps as they certify that is necessary in carrying on their correspondence concerning legislative matters. 5. THAT the Committee on Legislative Expense be directed to furnish to the Members of this House all stationery and other necessary supplies. 6. THAT the Secretary of State be requested to furnish to the Sergeant-at-Arms of the House of Representatives for 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 Members. Each Member, at the time of receiving 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. -which was read by title. Mr. Clement moved that House Resolution No. 4-X('49) be read a second time in full. The motion was agreed to, and House Resolution No. 4-X('49) was read in full. Mr. Clement moved the adoption of the resolution. The motion was agreed to, and House Resolution No. 4-X('49) was adopted. By the Committee on Legislative Expense- H. R. No. 5-X('49)-A Resolution Concerning the Pay of Officers and Attaches of the House of Representatives. BE IT RESOLVED BY THE HOUSE OF REPRESENTA- TIVES OF THE STATE OF FLORIDA THAT, EFFECTIVE WITH THE PERIOD BEGINNING SEPTEMBER 7, 1949, THE FOLLOWING PER DIEM SALARIES ARE TO BE PAID TO THE OFFICERS AND ATTACHES OF THE HOUSE OF REPRESENTATIVES: All personal secretaries-ten dollars All department heads-ten dollars All typists-ten dollars All Chief Clerk's office-ten dollars Custodian of supplies-ten dollars Office help of custodian-eight dollars Pay roll Clerk-ten dollars All Committee Secretaries-ten dollars Post Master-ten dollars Sergeant at Arms-ten dollars Indexers-ten dollars All verifiers-eight dollars Employees of Sergeant at Arms office-eight dollars Journal Room Employees-eight dollars Post Master's assistant-eight dollars Pages-six dollars Messengers-six dollars -which was read by title. Mr. Carraway moved that House Resolution No. 5-X('49) be read a second time in full. The motion was agreed to, and House Resolution No. 5-X('49) was read in full. Mr. Carraway moved the adoption of the resolution. The motion was agreed to, and House Resolution No. 5-X('49) was adopted. By the Committee on Legislative Expense- House Resolution No. 6-X('49)- A resolution relating to additional services for House of Representatives employees and indexers. Be it resolved by the House of Representatives of the 1949 Extraordinary Session of the Legislature of the State of Florida: That there shall be allowed for additional service to be paid to attaches of the House of Representatives of the 1949 Extraordinary Session of the Legislature of the State of Flor- ida the amount necessary for such additional service and payment to be for the benefit of those attaches certified to the comptroller by the chairman of the expense committee in the House of Representatives prior to the adjournment of the legislature, by name and amount, this resolution being intended to embrace the additional time allowance for the in- dexers of the House and Senate journals upon certificates as aforesaid, and for the additional work necessary by other employees following the close of the Extraordinary Session. -which was read by title. Mr. Carraway moved that House Resolution No. 6-X('49) be read a second time in full. The motion was agreed to, and House Resolution No. 6-X('49) was read in full. Mr. Carraway moved the adoption of the resolution. The motion was agreed to, and House Resolution No. 6-X('49) was adopted. By Mr. Clement of Pinellas- House Resolution No. 7-X('49): A resolution providing for the preparation, editing and printing of the House records of the Extraordinary Session of the 1949 House of Representatives. Be it resolved by the House of Representatives: 1. THAT the Chief Clerk be authorized to prepare, edit and print the Records of the Extraordinary Session of the 1949 House of Representatives 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 Board of Commissioners of State Institutions and that it be spread upon the Journal of this House. -which was read by title. Mr. Clement moved that House Resolution No. 7-X('49) be read a second time in full. The motion was agreed to, and House Resolution No. 7-X('49) was read in full. Mr. Clement moved the adoption of the resolution. The motion was agreed to, and House Resolution No. 7-X('49) was adopted. Mr. Smith of Polk moved that a committee of three be ap- pointed to inform the Senate that the Extraordinary Session of the 1949 House of Representatives was organized and ready to transact business. The motion was agreed to and it was so ordered. Thereupon, the Speaker appointed Messrs. Smith of Polk, Dowda and Fuqua 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. Clement moved that a committee of three be appointed to wait upon His Excellency, Governor Fuller Warren, and 3 JOURNAL OF THE HOUSE OF REPRESENTATIVES September 7, 1949 notify him that the Extraordinary Session of the 1949 House of Representatives was organized and ready to transact business. The motion was agreed to, and it was so ordered. Thereupon, the Speaker appointed Messrs. Clement, Simp- son and Haley, who retired from the Chamber and after a brief absence returned and reported that they had performed the duty assigned them and were thereupon discharged. Mr. Thornal asked unanimous consent to allow the introduc- tion of guests at this time. Without objection, it was so ordered. Mr. Thornal moved that a committee of three be appointed to escort Miss Anna D'Agostino, Governor-elect of Girls State of Seminole, and Miss Jackie Liechty, Secretary of State, to the rostrum. The motion was agreed to. Thereupon, the Speaker appointed Messrs. Thornal, Hen- derson and Collins as a committee to escort Miss D'Agostino and Miss Liechty to the rostrum where they were introduced. MESSAGE FROM THE SENATE The following message from the Senate was received and read: SENATE CHAMBER Tallahassee, Florida, September 7, 1949. Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Rep- resentatives that the Senate has adopted- Senate Concurrent Resolution No. 2-X(49): A resolution inviting the Governor of Florida to address a joint Session of the Legislature. WHEREAS, it is the desire of this Legislature to have His Excellency, Fuller Warren, Governor of Florida, to address us in joint session on this day, Wednesday, September 7, 1949; NOW, Therefore, be it resolved by the Senate of the State of Florida, the House of Representatives concurring: Sec. 1. That the Senate and House of Representatives con- vene in joint session in the chamber of the House of Repre- sentatives at 12:45 o'clock, P. M., this day, Wednesday, Sep- tember 7, 1949, and that His Excellency, Fuller Warren, Gov- ernor of Florida, be invited to convey to the joint session such message as he may deem expedient. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. And Senate Concurrent Resolution No. 2-X('49) contained in the above message, was read the first time by title. Mr. Clement moved that Senate Concurrent Resolution No. 2-X('49) be read a second time in full. The motion was agreed to, and Senate Concurrent Resolu- tion No. 2-X('49) was read a second time in full. Mr. Clement moved the adoption of the concurrent resolu- tion. The motion was agreed to, and Senate Concurrent Resolu- tion No. 2-X('49) was adopted. The action of the House together with Senate Concurrent Resolution No. 2-X('49) was ordered certified to the Senate. The hour of 12:45 P. M. having arrived, the Members of the Senate appeared at the Bar of the House and were given seats. Thereupon, the Honorable Newman C. Brackin, Presi- dent of the Senate, took the Chair. The roll of the Members of the Senate was called and the following Senators answered to their names: Mr. President Collins Lindler Sheldon Alford Crary Mathews Shivers Ayers Davis McArthur Smith Baker Franklin Moore Sturgis Baynard Gautier Pearce Tucker Beacham Getzen Pope Walker Beall Johns Ray Wilson Boyle Johnston Rodgers Wright Carroll King Sanchez Clarke Leaird Shands A quorum of the Senate present. The roll of the House was called and the following Mem- bers answered to their names: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney David A quorum Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin McClure Scarborough McKendree Schuh McMullen Sellar Melvin Shepperd Merchant Simpson Merritt Slaughter Monahan Smith, L. W. Moody Smith, M. B. Morgan Smith, W. A. Nesmith Stewart Odham Stockdale Okell Strayhorn Papy Summers Parker Surles Patton Sweeny Pearce Tapper Peeples Thornal Phillips Usina Pooser Whitlock Roberts, J. P. Williams Roberts, Roy Wise Rood Wotitzky Saunders, D. H. Yeomans Saunders, S. D. of the House of Representatives present. Senator McArthur of the 16th moved that a committee from the Senate and House be appointed to notify His Excellency, Governor Fuller Warren, that the joint session of the Senate and the House of Representatives was assembled and ready to receive his message. The motion was agreed to, and it was so ordered. Thereupon, the President of the Senate appointed Senators McArthur and Gautier on the part of the Senate, and Messrs. Smith of Polk, Schuh and Lantaff on the part of the House, who retired to perform their mission. The committee reappeared at the Bar of the joint session, escorting His Excellency, Governor Fuller Warren, and his Cabinet. After being introduced by President Brackin, Governor Warren addressed the joint session as follows: Mr. President Brackin, Mr. Speaker Murray, Members of the Florida Legislature: You and I are gathered here today in the spirit of the Biblical proverb: "Where there is no vision, the people perish." Yes, our vision and our faith in Florida are being put to the test as this important extraordinary session begins. While the problems facing you are complex and difficult, they are by no means without parallels in the history of our State. To describe more vividly the choice that lies before you, I will mention one or two examples of a similar choice in the past. Within your lifetime and mine, Florida had almost no hard- surfaced roads. Our own Secretary of State, R. A. Gray, has told us of how as a young man he was frequently drafted along with thq others of the community, to go out and pull up stumps and clear away trees to build the winding, sandy roads that constituted Florida's highway system at that time. September 7, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES / Then, a few short decades ago, a group of men had a vision of a greater Florida. They were unwilling to admit that our State was destined always to be a backward area where most of the people eked out their meager, insecure livelihoods on small, one-family farms. Instead, they could see a modern highway system opening up the rich areas to the south. They envisioned great cities and a golden flow of tourist dollars to balance the agricultural and industrial economy of northern and western Florida. So, they conceived and initiated a bold plan for a modern highway system. After their plan was advanced, they ran into opposition both in and gut of the Legislature. There were many honest and sincere people who were appalled at what appeared to be the gigantic cost of the proposed new road building program. This latter group pointed out that it was possible for the State to get along with the narrow, frequently impassable roads it had at that time. But the first group would not be swayed from their objective. They were determined to get Florida motorists out of the mud, and to make it possible for the small farmer to increase his prosperity through broader markets. Again and again, they explained that money spent on good roads was not money squandered or frittered away but money invested in the future of Florida. Fortunately for us who live in the Florida of today, the views of the progressive group prevailed. Although our highway system is not yet all we would want it to be, it's a vast im- provement over what it was 25 years ago. For this we owe a debt of gratitude to those men who not only had unbounded faith in their State but the courage to back it up. I do not believe that anyone could or would attempt to say today that this investment in good roads, as enormous as it seemed to be when it was originally initiated, has not been repaid a hundredfold in the vastly increased wealth it has enabled our citizens to create. Yes, it is just as true today as it was in Biblical times: "Where there is no vision, the people perish." There is another striking parallel between a past situation and the problem that is facing us today. It occurred nearly a half century ao when a group of far- seeing men proposed that the State should build and support colleges and universities for the education of its young people. When this idea was first proposed, it seemed to be radical, and again the proposed expenditure appeared to be enormous. But once again the men of vision and faith and courage triumphed, so that today we have the foundation for one of the finest systems of higher educational institutions in the country. And once again there is no question of whether the State has made a profitable investment. The money has been returned many times in the added productivity of our citizens. I venture to say there are many persons within the sound of my voice who would have been unable to attend college if they had been forced to go outside the State and pay high tuition fees. The value of this increased usefulness to the growth and development of our State is so great that it cannot be calculated. And so today not only we who have directly benefited from the colleges and universities but the entire State as well, owe a debt of gratitude to those men whose vision was capable of surveying broad horizons. Those men, like the early pioneers in the fight for better roads, were building for the future and they refused to let the expediencies of the moment sway them from their high goals. In almost exactly the same fashion, we today are being asked to invest money in Florida's future. Our faith in our State is being tested again as it has been in the past, and I am confident the overwhelming majority of this Legislature will stand up and be counted on the side of progress. One of the reasons I am so confident this Legislature will keep faith with the future is that you have enacted by an overwhelming majority an appropriations law which, when the revenue is provided, will keep our State solvent during the next two years and enable us to keep our minimum foun- dation program pledge to the school teachers of this State. All of us know, of course, that many highly desirable items- especially for badly needed buildings at our institutions- were stricken from the bill because of your commendable desire to keep the amount of new taxes needed as low as possible. I know that in the time that has passed since adjournment of the regular session, all of you have held neighborly dis- cussions with the people of your communities. Naturally, many people have urged you to be as economical as possible with tax dollars and to do everything possible to prevent waste. But I do not believe very many responsible citizens have come to you and urged that the investment you have made in Florida's children is unsound and that the appropriation for public schools should be reduced. The people of this State desire and expect their public schools to continue moving forward instead of going backward. Nor do I think that anyone doubts the wisdom of your appropriation for reforestation. It is generally recognized that this is a sound investment in future prosperity for this State, and I do not hesitate to predict that this investment will be repaid many times within the present generation. These are some of the heavier investments you have ap- proved which in my opinion will prove highly profitable in material terms of dollars and cents. There are others, of course, which combine money returns with humanitarian objectives. You appropriated more than $3,000,000, for example to combat that great scourge of man- kind, tuberculosis. In addition to saving human lives, this investment will bring material benefits in the numbers of persons who will be returned to productive activity when their cases of tuberculosis are detected early and arrested. I submit that this investment has the overwhelming endorse- ment of the people of Florida. And so it goes, down through the appropriations law. Flood control-does anyone propose to question the wisdom or the soundness of the investment you propose to make for this pur- pose? Welfare funds-does anyone claim the pitiful sums being granted our needy aged are excessive? Yes, in enacting the 1949 appropriations law by an over- whelming majority, the members of this Legislature have placed themselves squarely on the side of those who believe in Florida and its magnificent destiny. They have shown the same vision that inspired those who insisted that Florida must have good hard-surfaced roads in order to go forward. I feel certain that the people of Florida, who are looking to you to show the courage of your vision and your convictions, will have every reason to be proud of you when this extra- ordinary session draws to a close. You have charted a course to progress and prosperity in the 1949 appropriations law. I am confident you will finish the job by raising the revenue to meet the current budget deficit of at least $55,000,000. The pioneers of our great State built a future for us to enjoy. Surely we owe our children and our children's children the same courage, the same faith in the future of Florida. "Where there is no vision, the people perish." At the hour of 1:15 P.M. the joint assembly was dissolved. The House was called to order by the Speaker at 1:16 P.M. The roll was called and the following Members answered to their names: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney David Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin 5 JOURNAL OF THE HOUSE OF REPRESENTATIVES September 7, 1949 McClure Papy Scarborough McKendree Parker Schuh McMullen Patton Sellar Melvin Pearce Shepperd Merchant Peeples Simpson Merritt Phillips Slaughter Monahan Pooser Smith, L. W. Moody Roberts, J. P. Smith, M. B. Morgan Roberts, Roy Smith, W. A. Nesmith Rood Stewart Odham Saunders, D. H. Stockdale Okell Saunders, S. D. Strayhorn A quorum present. The following registrations with the Chief under Rule 14. Summers Surles Sweeny Tapper Thornal Usina Whitlock Williams Wise Wotitzky Yeomans Clerk were made To the Chief Clerk of the House of Representatives- I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is C. Robert Mathis, my occu- pation is Lawyer, and that I am employed by and appear in the interest of American Soap & Glycerine Inst., whose address is New York City, and for the following period Extraordinary Session Sept., 1949. C. ROBERT MATHIS. State of Florida, County of Leon. Sworn to and subscribed before me this 7th day of Septem- ber, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. Mr. Clement moved that the Committee on Rules and Calendar be granted the use of the House Chamber at 3 o'clock this afternoon. The motion was agreed to, and it was so ordered. Mr. Clement moved that the House adjourn to reconvene at 10:00 o'clock tomorrow morning. The motion was agreed to. Thereupon, at the hour of 1:25 P.M. the House stood ad- journed until 10:00 o'clock tomorrow morning. EXTRAORDINARY SESSION JOURNAL OF THE HOUSE OF REPRESENTATIVES Thursday, September 8, 1949 The House was called to order by the Speaker at 10:00 A.M. The roll was taken and corded present: Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin McClure A quorum present. The following prayer wa; Hunter, Chaplain: the following Members were re- McKendree Schuh McMullen Sellar Melvin Shepperd Merchant Simpson Merritt Slaughter Monahan Smith, L. W. Moody Smith, M. B. Morgan Smith, W. A. Nesmith Stewart Odham Stockdale Okell Strayhorn Papy Summers Parker Surles Patton Sweeny Pearce Tapper Peeples Thornal Phillips Usina Pooser Whitlock Roberts, J. P. Williams Roberts, Roy Wise Rood Wotitzky Saunders, D. H. Yeomans Saunders, S. D. Scarborough s offered by the Reverend J. L. Eternal God, Father of all nations, in whose eyes all man- kind are one family, we lift our hearts in penitence and deep desire to Thee. For the heritage of Christian faith that has blessed Amer- ica, we thank Thee, O Lord. For the devotion of our founding fathers, and the traditions of their lives, for the freedom that has been granted us, and for the open doors of opportunity set before us, we give Thee earnest praise, O Lord. Thou who dost ordain that from those to whom much is given, much will be required. May this humble our spirits and grant us serious conviction and contrition for sin. Surely, dear Lord, Thou dost expect much from us, for to us much has been given over and over again. Nothing less than our best can we afford to offer unto Thee in service to our fellowman. In His name, we pray-Amen. The Journal for Wednesday, September 7, was ordered cor- rected and as corrected was approved. ANNOUNCEMENTS The Speaker announced that Mr. Douglas has been ap- pointed a member of the following committees: Committee on Public Health Committee on Agriculture, Forestry and Livestock Committee on Game and Fresh Water Fish Committee on State Institutions, Services and Supplies Mr. Speaker Allen Andrews Beasley Black Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney David Dayton Committee on Public Welfare, Social Security and Work- men's Compensation The Speaker announced that Mr. Roy Roberts has been ap- pointed a member of the following committees: Committee on Public Roads Committee on Citrus Committee on Rules and Calendar Committee on Public Utilities and Transportation Committee on Salt Water Fisheries INTRODUCTION OF HOUSE BILLS, JOINT RESOLU- TIONS, HOUSE RESOLUTIONS, CONCURRENT RESOLU- TIONS AND MEMORIALS By Mr. Bedenbaugh of Columbia- H. B. No. 8-X ('49)-A bill to be entitled An Act imposing an additional tax upon malt beverages. The bill was read the first time by title and referred to the Committee on Finance and Taxation. By Mr. Bedenbaugh of Columbia- H. B. No. 9-X ('49)-A bill to be entitled An Act amending Section 2 of Chapter 25340, Laws of Florida, Acts of 1949, relating to taxes on certain beverages containing Fourteen percent, or more, of alcohol by weight. The bill was read the first time by title and referred to the Committee on Finance and Taxation. By Mr. Bedenbaugh of Columbia- H. B. No. 10-X ('49)--A bill to be entitled An Act imposing an additional tax upon wines, and providing for a differen- tial as to unfortified Florida wines. The bill was read the first time by title and referred to the Committee on Finance and Taxation. By Mr. Bedenbaugh of Columbia- H. J. R. No. 11-X ('49)-A Joint Resolution proposing the amendment of Section 11, Article 9, of the Constitution of the State of Florida, relating to income tax, inheritance tax, and exemption for head of family; and providing for the removal of the income tax prohibition. Be It Resolved by the Legislature of the State of Florida: That the following amendment of Section 11, Article 9 of the Constitution of Florida, relating to income tax, inheritance tax and exemption for head of family, be and the same is hereby agreed to for approval or rejection at a special election to be held in compliance with the provisions of Section 3 of Article 17 of the Constitution of Florida; that is to say, that Section 11, Article 9 of the Florida Constitution be amended to read: Section 11. Inheritance taxes; exemption for head of fam- ily-No taxes upon inheritances of residents or citizens of this state shall be levied by the State of Florida, or under its au- thority, and there shall be exempt from taxation to the head of the family residing in this state, household goods and personal effect to the value of Five-hundred ($500.00) Dollars, pro- vided, however, that the Legislature may provide for the 7 JOURNAL OF THE HOUSE OF REPRESENTATIVES September 8, 1949 assessment, levying and collection of a tax upon inheritances, or for the levying of estate taxes, not exceeding in the aggre- gate the amounts which may by any law of the United States be allowed to be credited against or deducted from any similar tax upon inheritances, or taxes on estates assessed or levied by the United States on the same subject, but the power of the Legislature to levy such inheritances taxes, or estate taxes in this state, shall exist only so long as, and during the time, a similar tax is enforced by the United States against Florida inheritances of estates and shall only be exercised or enforced to the extent of absorbing the amount of any deduction or credit which may be permitted by the laws of the United States, now existing or hereafter enacted to be claimed by reason thereof, as a deduction or credit against such similar tax of the United States applicable to Florida inheritances or estates. The Legislature may provide for the appropriation of all taxes collected under this article to such state, county, municipal or educational purposes as it may deem advisable. -which was read the first time in full and referred to the Committee on Constitutional Amendments. By Mr. Saunders of St. Lucie- H. B. No. 12-X ('49)-A bill to be entitled An Act designat- ing and establishing a certain State Road in Saint Lucie County, Florida. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Public Roads. By Mr. Frank of Marion- H. B. No. 13-X ('49)-A bill to be entitled An Act requiring all lobbyists as herein defined to pay a license fee of Five Hundred Dollars ($500) biennially to the Comptroller to be credited to the General Revenue Fund. The bill was read the first time by title and referred to the Committee on Finance and Taxation. Mr. Bedenbaugh asked to be recorded present. By Mr. Papy of Monroe- H. B. No. 14-X ('49)-A bill to be entitled An Act to amend Chapter 23374, Laws of Florida, Acts of the Legislative year 1945, being the Charter of the City of Key West, Florida, by amending Section 8 of Article I of the introductory chapter thereof so as to exclude certain land from the present terri-' torial boundaries of the City of Key West, Florida. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 14-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By the Committee on Rules and Calendar- H. R. No. 15-X ('49)-A Resolution concerning the rules for the 1949 Extraordinary Session of the Legislature of the State of Florida. Be It Resolved by the House of Representatives of the State of Florida: Section 1. That the standing rules of the House of Repre- sentatives as printed for the regular session of 1949, as amended, be and the same are hereby adopted as the Rules of the 1949 Extraordinary Session, except as follows: a. Rule 6, Section 1, shall read: "The House shall meet each Legislative day, except Satur- day and Sunday, at 10:00 A.M. and adjourn at 1:00 P.M., or otherwise as determined by a majority vote of those pres- ent and voting." b. Rule 8, Section 18, shall read: "Every bill, joint resolution, resolution and memorial refer- red to a committee or committees shall be reported back before the expiration of 3 calendar days, Saturday and Sun- day excluded, from the date of its reference, unless otherwise ordered by the House." c. Rule 8, Section 23, shall read: "In case of joint reference to two or more committees (ex- cept when one of these is the Committee on Appropriations or the Committee on Finance and Taxation), such reference shall be considered by the combined committees sitting as a whole, and the committees shall vote jointly and the combined report shall prevail. Should a Member be a member of more than one of the committees considering a bill, he shall have but one vote on the joint roll call. The Committee on Appro- priations and the Committee on Finance and Taxation shall not be deprived of their right to separately and independently consider any bill referred to them. The time limit of 3 days provided in Section 18 of this Rule for the consideration of measures shall apply also to joint references except that one committee may not deprive another of an opportunity to con- sider the measure." d. Rule 10, Section 1, shall read: "When a motion or main question has been made and car- ried or lost it shall be in order for any Member of the majority (or in case of a tie vote, by any Member) on the same or succeeding Legislative day, to move for reconsideration there- of. Such motion shall take precedence of all other questions. It shall be disposed of when made." e. Rule 10, Section 7, shall read: "All bills and joint resolutions shall be transmitted to the Senate as soon as possible." f. Rule 16, Section 2, shall read: "After House conferees on any bill or resolution in confer- ence between the Senate and House shall have been appointed for 36 hours and shall have failed to make a report, it is hereby declared to be a motion of the highest privilege to move to discharge and appoint new conferees, or to instruct said House conferees." -which was read by title. Mr. Clement moved that House Resolution No. 15-X ('49) be read a second time in full. The motion was agreed to, and House Resolution No. 15-X '('49) was read in full. Amendment No. 1- Mr. Bryant of Marion offered the following amendment to House Resolution No. 15-X ('49). After Sub-section "f" add "g. Rule 6, Section 20, shall be suspended." Mr. Bryant moved the adoption of the amendment. The motion was agreed to, and the amendment was adopted. Mr. Bryant moved the adoption of the resolution, as amended. The motion was agreed to, and House Resolution No. 15-X ('49) as amended, was adopted. By Mr. Simpson of Jefferson- H. B. No. 16-X ('49)-A bill to be entitled An Act author- izing Boards of County Commissioners in all counties of the State of Florida having more than 10,900 and less than 11,100 population according to the last preceding State Census, to purchase not more than eight voting machines for use in all elections; making the use of such voting machines valid; pro- viding that such voting machines and the use thereof shall be in accordance with provisions of law now in effect and pro- viding an effective date for this Act. September 8, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES Introduction of the bill was agreed to by a two-thirds vote of the House, The bill was read the first time by title and referred to the Committee on Local Government. By the Committee on Rules and Calendar- H. R. No. 17-X ('49)-A Resolution fixing the time to be allowed for debate on any bill as to which the Speaker has any doubt as to its inclusion or exclusion from the Governor's call for the 1949 Extraordinary Session. Be It Resolved by the House of Representatives of the State of Florida: Section 1. That any bill as to which the Speaker has any doubt as to its inclusion or exclusion from the Governor's call for the 1949 Extraordinary Session shall be referred to the House for a determination of that question, and that propon- ents and opponents of consideration of the bill be allowed thirty (30) minutes each for debate, and that no Member shall speak for more than ten (10) minutes on each bill. Section 2. This Resolution shall have the force and effect of a Rule of the House. -which was read by title. Mr. Clement moved that House Resolution No. 17-X ('49) be read a second time in full. The motion was agreed to and House Resolution No. 17-X ('49) was read in full. Amendment No. 1- Mr. Clement of Pinellas offered the following amendment to House Resolution No. 17-X ('49). In Section 1, Line 7, strike out the words: "each bill" and insert the following in lieu thereof: "such question" Mr. Clement moved the adoption of Amendment No. 1. The motion was agreed to, and Amendment No. 1 was adopted. Amendment No. 2- Mr. Clement of Pinellas offered the following amendment to House Resolution No. 17-X ('49). Immediately following Section 1 ihsert the following: "The Speaker shall have until the next legislative day to announce his decision." Mr. Clement moved the adoption of Amendment No. 2. The motion was agreed to, and the Amendment No. 2 was adopted. Mr. Clement moved the adoption of the resolution, as amended. The motion was agreed to, and House Resolution No. 17-X ('49), as amended, was adopted. By Messrs. McMullen, Moody and Branch of Hillsborough- H. B. No. 18-X ('49)-A bill to be entitled An Act repeal- ing Chapter 25370, Laws of Florida, Acts of 1949, relating to State Appropriations. The above bill was offered for introduction and decision on whether it came within the purview of the Governor's call for the Extraordinary Session was deferred until tomorrow. By the Committee on Rules and Calendar- H. R. No. 19-X ('49)-A Resolution designating which com- mittees shall employ a Committee Secretary during the 1949 Extraordinary Session of the Legislature. Be It Resolved by the House of Representatives of the State of Florida: Section 1. That no committee except the Committee on Finance and Taxation, Committee on Rules and Calendar, Committee on Legislative Expense and the Committee on Gov- ernmental Reorganization shall employ a Committee Sec- retary during the 1949 Extraordinary Session of the Legis- lature. Section 2. This Resolution shall have the force and effect of a Rule of the House. -which was read by title. Mr. Clement moved that House Resolution No. 19-X ('49) be read a second time in full. The motion was agreed to, and House Resolution No. 19-X ('49) was read in full. Mr. Clement moved the adoption of the resolution. The motion was agreed to, and House Resolution No. 19-X ('49) was adopted. By the Committee on Rules and Calendar- H. R. No. 20-X ('49)-A Resolution amending Rule Nine, Section 3, Sub-Section e, of the 1949 Rules of the Extraordi- nary Session of the Legislature. Be It Resolved by the House of Representatives of the State of Florida: Section 1. That Rule Nine, Section 3, Sub-Section e, of the Rules of the House of Representatives for the 1949 Extraordi- nary, Session be, and the same is hereby amended to read as follows: "e. To consider a question of privilege. (Questions of privilege shall be, first, those affecting the rights of the House collectively, its safety, dignity, reputation, peace and comfort, and second, the rights, reputation and conduct of Members, individually, in their representative ca- pacity only. No Member shall speak longer than five minutes on a question of privilege. The Speaker may defer the recogni- tion of a Member on a question of personal privilege until the completion of immediate action on pending matter but no longer. For example, a roll call need not be interrupted for recognition of a Member desiring to be heard on privilege. Questions affecting the rights of the House collectively shall be raised only by resolutions; those affecting a Member in- dividually, by statement from the floor.)" -which was read by title. Mr. Clement moved that House Resolution No. 20-X ('49) be read a second time in full. The motion was agreed to, and House Resolution No. 20-X ('49) was read in full. Mr. Clement moved the adoption of the resolution. The motion was agreed to, and House Resolution No. 20-X ('49) was adopted. By Messrs. Dunn and Wotitzky- H. J. R. No. 21-X ('49)-A Joint Resolution proposing the amendment of Section 11, Article 9, of the Constitution of the State of Florida, relating to income tax, inheritance tax, and exemption for head of family; and providing for the re- moval of the income tax prohibition as to persons having an income of over three-thousand Six-hundred Dollars per an- num. Be It Resolved by the Legislature of the State of Florida: That the following amendment of Section 11, Article 9 of the Constitution of Florida is hereby agreed to and shall be submitted to the electors of the State of Florida for ratifica- tion or rejection at the next general election to be held in November 1950, as follows: Section 11. No taxes upon inheritance of residents or citi- zens of this state, nor taxes upon incomes of residents or citi- zens of this state having an annual income of Three-thousand Six-hundred Dollars, or less, shall be levied by the State of Florida, or under its authority, and there shall be exempt from taxation to the head of the family residing in this state, 9 JOURNAL OF THE HOUSE OF REPRESENTATIVES September 8, 1949 household goods and personal effects to the value of Five- hundred ($500.00) Dollars, provided, however, that the Leg- islature may provide for the assessment, levying and collec- tion of a tax upon inheritance, or for the levying of estate taxes, not exceeding in the aggregate the amounts which may by any law of the United States be allowed to be credited against or deducted from any similar tax upon inheritances, or taxes on estates assessed or levied by the United States on the same subject, but the power of the Legislature to levy such inheritance taxes, or estate taxes in this state, shall exist only so long as, and during the time, a similar tax is enforced by the United States against Florida inheritances of estates and shall only be exercised or enforced to the extent of absorb- ing the amount of any deduction or credit which may be permitted by the laws of the United States, now existing or hereafter enacted to be claimed by reason thereof, as a deduc- tion or credit against such similar tax of the United States applicable to Florida inheritances or estates. The Legislature may provide for the appropriation of all taxes collected under this article to such state, county, municipal or educational purposes as it may deem advisable. -which was read the first time in full and referred to the Committee on Constitutional Amendments. ENGROSSING REPORTS House of Representatives Tallahassee, Florida, September 8, 1949 The Honorable Perry E. Murray, Speaker of the House of Representatives, Sir: Your Engrossing Clerk, to whom was referred, with amend- ments- House Resolution No. 15-X ('49) House Resolution No. 17-X ('49) -begs leave to report same have been carefully examined and found to be correctly engrossed. Very respectfully, LAMAR BLEDSOE, Engrossing Clerk ex-officio as Chief Clerk of the . House of Representatives. ENROLLING REPORTS House of Representatives Tallahassee, Florida, September 8, 1949 The Honorable Perry E. Murray, Speaker of the House of Representatives, Sir: Your Enrolling Clerk, to whom was referred- S. C. R. No. 2-X(49) -begs leave to report same has been properly enrolled, signed by the President and Secretary of the Senate, and by the Speaker and Chief Clerk of the House of Representatives, and presented to the Governor on Sept. 8, 1949, for his approval. Very respectfully, LAMAR BLEDSOE, Enrolling Clerk ex officio as Chief Clerk of the House of Representatives. Mr. Clement moved that the rules be waived and the House now adjourn to reconvene at 10:00 o'clock tomorrow morning. The motion was agreed to by a two-thirds vote, and it was so ordered. Thereupon, at the hour of 10:39 A. M. the House stood ad- journed until 10:00 o'clock tomorrow morning. EXTRAORDINARY SESSION JOURNAL OF THE HOUSE OF REPRESENTATIVES Friday, September 9, 1949 The House was called to order by the Speaker at 10:00 A.M. The roll was taken and the following Members were recorded present: Mr. Speaker Dayton Allen Dekle Andrews Douglas Beasley Dowda Bedenbaugh Dunn Black Elliott Bollinger Frank Botts Fuqua Branch Haley Bridges Henderson Bronson Hendry Bryant Hethcox Burnsed Hough Burton Hudson Burwell Johnson Carlton Keith Carraway Lancaster, D. Clement Lancaster, H. Cobb Lantaff Collins Luckie Cook MacWilliam Copeland Mathis Courtney McAlpin David McClure A quorum present. Excused: Mr. Heath. The following prayer was Hunter, Chaplain: McKendree Schuh McMullen Sellar Melvin Shepperd Merchant Simpson Merritt Slaughter Monahan Smith, L. W. Moody Smith, M. B. Morgan Smith, W. A. Nesmith Stewart Odham Stockdale Okell Strayhorn Papy Summers Parker Surles Patton Sweeny Pearce Tapper Peeples rhornal Phillips Jsina Pooser Whitlock Roberts, J. P. Williams Roberts, Roy Wise Rood Notitzky Saunders, D. H. Yeomans Saunders, S. D. Scarborough offered by the Reverend J. L. "Eternal God, Thou in whose mind a thousand years are as but a day and a watch in the night, we pause midst the rush of this bourne of time and place to acknowledge the Lordship of Jesus Christ and to beseech Thy Holy Guidance. Our prayer is that Thou wilt help us to share the perspec- tives of Thy understanding, that small things may appear to be what they are and that great things may have their right- ful share of the resources of our talents. Help us to live, O God, in a manner relevant to the needs of this hour and day which Thou hast given us. Make us to realize the benediction of Thy presence. Be with us for direction, for comfort and for strength. Through Jesus Christ The Lord, we pray. Amen.--" The Journal for Thursday, September 8, was ordered cor- rected and as corrected was approved. COMMUNICATIONS Mr. Heath of Holmes requested that he be excused from attendance upon the session today. Without objection, it was so ordered. Mr. Roberts of Bradford requested that he be excused from attendance upon the sessions Monday and Tuesday. Without objection, it was so ordered. Mr. Smith of Polk requested that he be excused from at- tendance upon the sessions Monday and Tuesday. Without objection, it was so ordered. Report on Florida Agricultural and Mechanical College The Speaker recognized Mr. Patton of Franklin for his re- port as a sub-committee of one from the Select Committee to Investigate Communistic Activities in State Institutions of Higher Learning. Mr. Patton had, during the course of the activities of the select committee, been commissioned by the Committee to do whatever he should deem necessary in fol- lowing to a conclusion certain charges of misconduct and maladministration brought against Dr. William H. Gray, Jr., then President of Florida Agricultural and Mechnical College for Negroes. Mr. Patton read his report, which was ordered filed with the Chief Clerk. Mr. Simpson moved a vote of thanks be extended to Mr. Patton and the Select Committee to Investigate Communistic Activities in the State Institutions of Higher Learning, and of commendation on the report. The motion was agreed to, and it was so ordered. INTRODUCTION OF HOUSE BILLS, JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CONCURRENT RESOLUTIONS AND MEMORIALS By Mr. Bryant of Marion- H. B. No. 22-X('49)-A bill to be entitled An Act amending Section 199.11, Florida Statutes, 1941, relating to the levy and assessment of a tax on all intangible personal property, by providing for an increase in the rates of such tax. The bill was read the first time by title and referred to the Committee on Finance and Taxation. By Mr. Bryant of Marion- H. B. No. 23-X('49)-A bill to be entitled An Act relating to acknowledgments and oaths taken in the State; providing for the levying, imposing and collecting of an excise tax to raise revenue for the support of the State Government. The bill was read the first time by title and referred to the Committee on Finance and Taxation. By Mr. Bryant of Marion- H. B. No. 24-X('49)-A bill to be entitled An Act to amend Section 201.02, Florida Statutes, 1941, relative to tax on deeds and other instruments relative to lands, etc., by providing that stamps in the proper amount shall be affixed to such instru- ments and duly cancelled before same shall be admissible to record or be recorded in any public record in this State, or be enforceable in any court of this State; and to amend Section 201.08, Florida Statutes, 1941, relative to tax on promissory notes, written obligations to pay money, assignment of wages, etc.; by providing that where promissory notes or bonds are secured by mortgage, deed of trust or written evidence of a specific lien in the nature of a mortgage the tax shall be on such instrument and each renewal thereof, and not on the notes or bonds, and on each $100.00 of the indebtedness or obligation evidenced thereby the tax shall be ten cents; and by virtue of the benefit and protection accorded to the owners of such notes and bonds through the laws of Florida, stamps 11 JOURNAL OF THE HOUSE OF REPRESENTATIVES September 9, 1949 in the proper amount shall be affixed to such instruments and duly cancelled before same shall be admissible to record or be recorded in any public record of this State, or be en- forceable in any court of this State. The bill was read the first time by title and referred to the Committee on Finance and Taxation. By Messrs. Clement, Schuh and McClure of Pinellas- H. B. No. 25-X('49)-A bill to be entitled An Act to amend Section 17 of Chapter 21598, Laws of Florida, Special Acts of 1941, "An Act to abolish the present municipal government of the City of Tarpon Springs, in Pinellas County, Florida, and to create, establish and organize a municipality to be known and designated as the City of Tarpon Springs, and to define its territorial boundaries and provide for its government, jurisdiction, powers, franchises and privileges and providing for a referendum", by deleting therefrom the pro- vision for a refunding committee to pass on refunding pro- posals of the bonded debt of the City of Tarpon Springs. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 25-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Mr. Douglas of Union- House Resolution No. 26-X('49): A MEMORIAL TO THE MEMORY OF THE HONORABLE MATTHEW JACKSON SAPP WHEREAS, on the 6th day of August, A. D. 1949, the Lord, In His Divine Wisdom, called the Honorable Matthew J. Sapp of Union County, Florida, to the Great Beyond, and WHEREAS, the said Matthew J. Sapp, respected and honored citizen of Union County, Florida, was a member of the Florida House of Representatives during the session of 1949, and were it not for his untimely death would be today serving in this honorable body during the present 1949 Extra- ordinary Session, and WHEREAS, during his lifetime he made many loyal friends and by honesty and faithfulness to his ideals he endeared himself to the people of his section of the state and it is the desire of the membership of this body, now sitting in legis- lative session, to express to the bereaved family of the said Matthew J. Sapp our deep, sincere and heartfelt sympathy, and share with the family our deep sorrow and great loss of one of our members. NOW THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF FLORIDA: That we record with regret and great sorrow the passing of this distinguished and beloved citizen and one of the members of this legislature and inscribe upon the records of our proceedings, on a separate page of the journal to be set apart for the purpose, our testimonial to his memory: IN MEMORIAL MATTHEW JACKSON SAPP Matthew J. Sapp was a native of the State of Florida, having been born at New River, in Bradford County, Florida, on August 20, 1880. During his lifetime his major occupation was in the connection with the railroad industry. He was a member of the Long Bridge Christian Church; and held posi- tions in public office as constable and justice of the peace, and was a member of the House of Representatives from Union County during the 1949 session and at the time of his death. He is survived by his wife, Marion Richard Sapp, one son, four daughters, one brother and three sisters. His passing is a great loss. BE IT FURTHER RESOLVED: That a copy of this resolu- tion signed by the Speaker of the House and certified by the Chief Clerk of the House be immediately forwarded to each member of the bereaved family of Matthew J. Sapp and to the press. -which was read by title. Mr. Douglas moved that House Resolution No. 26-X('49) be read a second time in full. The motion was agreed to, and House Resolution No. 26-X('49) was read in full. Mr. Douglas moved the adoption of the resolution. The motion was agreed to, and House Resolution No. 26-X('49) was adopted. By Messrs. Surles and Smith of Polk- H. B. No. 27-X('49)-A bill to be entitled An Act to Amend Section 2A of Chapter 10754 Laws of Florida, As Passed in 1925 Regular Session of the Florida Legislature, and Approved June 8, 1925, as Amended by Chapter 14172, Special Acts of 1929 Legislature of Florida, and as Changed or Altered by Subsequent Legislative Acts and/or Amendments of said 1925 Act, Including Chapter 21334 Special Acts of the 1941 and The 1949 Special Acts at the Regular Session of the Legisla- ture of the State of Florida, Relating to the Creation and Establishment of the City of Lakeland, Florida; Describing the Territorial Boundaries of said City; Including Certain Lands into the Territorial Jurisdiction of the said City. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 27-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Messrs. Surles and Smith of Polk- H. B. No. 28-X('49)-A bill to be entitled An Act Authorizing the City of Lakeland, Florida, to Further Regulate the Trans- portation of Persons and Property for Hire on the Streets of Said City, Authorizing the City to Limit the number of Automobile Taxicabs operating Therein and to Grant for a Valuable Consideration two or More Franchises, including Exclusive Franchises to Different Persons, Firms or Corpora- tions for the Use of the Streets of Said City for the Operation of a Taxicab Business upon such Terms and Conditions and Under Such Regulations as May Be Imposed by the City Commission of Said City and Authorizing The City to Estab- lish and Regulate the Rates and Charges Required by Taxi- cabs for the Transportation of persons and their Baggage over the Streets of Said City and To Establish Minimum and Maximum Charges for Such Services. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 28-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Messrs. Surles and Smith of Polk- H. B. No. 29-X('49)-A bill to be entitled An Act Amending Section 4 of Chapter 25440, Laws of Florida, Acts of 1949, changing the effective date of this Act which relates to the common boundary line between Pasco and Polk Counties. Introduction of the bill was agreed to by a two-thirds vote of the House. September 9, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES HOUSE RESOLUTION NO. 26-X('49) SAfmemorial to the Rlemorp of the honorable lttatteto Jachton Bapp WHEREAS, on the 6th day of August, A. D. 1949, the Lord, in His Divine Wisdom, called the Honorable Matthew J. Sapp of Union County, Florida, to the Great Beyond, and WHEREAS, the said Matthew J. Sapp, respected and honored citizen of Union County, Florida, was a member of the Florida House of Representatives during the session of 1949, and were it not for his untimely death would be today serving in this honorable body during the present 1949 Extraordinary Session, and WHEREAS, during his lifetime he made many loyal friends and by honesty and faithfulness to his ideals he endeared himself to the people of his section of the state and it is the desire of the membership of this body, now sitting in legislative session, to express to the bereaved family of the said Matthew J. Sapp our deep, sincere and heartfelt sympathy, and share with the family our deep sorrow and great loss of one of our members. NOW THEREFORE BE IT RESOLVED BY THE HOUSE OF REP- RESENTATIVES OF THE STATE OF FLORIDA: That we record with regret and great sorrow the passing of this distinguished and beloved citizen and one of the members of this legislature and inscribe upon the record of our proceedings, on a separate page of the journal to be set apart for the purpose, our testimonial to his memory: IN MEMORIAL MATTHEW JACKSON SAPP Matthew J. Sapp was a native of the State of Florida, having been born at New River, in Bradford County, Florida, on August 20, 1880. During his lifetime his major occupation was in the connection with the railroad industry. He was a member of the Long Bridge Christian Church; and held positions in public office as constable and justice of the peace, and was a member of the House of Representatives from Union County during the 1949 session and at the time of his death. He is survived by his wife, Marion Richard Sapp, one son, four daughters, one brother and three sisters. His passing is a great loss. BE IT FURTHER RESOLVED: That a copy of this resolution signed by the Speaker of the House and certified by the Chief Clerk of the House be immediately forwarded to each member of the bereaved family of Matthew J. Sapp and to the press. 'I _rr-qrslp3.p-..II-- ii IIPFL-- ------- I Ill --Ll --" -CI" = I I C L C P" C I i sl I JOURNAL OF THE HOUSE OF REPRESENTATIVES September 9, 1949 The bill was read the first time by title and ordered placed on the Local Calendar. By Messrs. Surles and Smith of Polk- H. B. No. 30-X('49)-A bill to be entitled An Act prescrib- ing the amount and authorizing the compensation to be paid to and received by the Chairman and other Members of County Boa Id of Public Instruction in Counties of the State of Florida having not less than Nine Hundred instruction units nor more than One Thousand Four Hundred and Fifty in- struction units according to the last annual computation of such units made as prescribed by Section 29 of Chapter 23726, Laws of Florida, Acts of 194'1; providing for the payment of expenses of such board members and specifying the effective date of said Act. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Local Government. By Mr. Papy of Monroe- H. B. No. 31-X('49)-A bill to be entitled An Act to amend Section 2 of Chapter 23373, Laws of Florida, Special Acts of 1945, entitled, "An Act creating the Utility Board of the City of Key West, Florida to manage, operate, maintain, extend, improve and control the Municipal Electric Utility owned by the City of Key West: appointing the first members of said Board and fixing their terms of office: providing for the ap- pointment and terms of office of subsequent members of said Board, providing that the Mayor shall be a member of said Board; prescribing its jurisdiction, powers, functions, author- ity, franchises, duties and privileges: and declaring the Leg- islative intention that said Act shall not be deemed repealed by an Act passed at the Regular Session of the Legislature in 1945 unless specific reference is made to said Act for such purposes", by appointing new members of said board and fixing their terms of office. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 31-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Messrs. Schuh and Clement of Pinellas- H. B. No. 32-X('49)-A bill to be entitled An Act author- izing the reappraisal and revaluation of the taxable property in Pinellas County, Florida; prescribing the rights, authori- ties and duty of certain county officials in relation thereto and repealing all laws in conflict therewith. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 32-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Messrs. Usina and Shepperd of St. Johns- H. B. No. 33-X('49)-A bill to be entitled An Act to produce tax revenue by permitting the operation of, defining and separately classifying harness horse racing, providing that the conduct of such harness racing shall be governed by Chapter 550, Florida Statutes, as amended, and shall be supervised and regulated by the State Racing Commission and by the same provisions of law applying to horse racing and other racing, except as otherwise provided by this Act; providing for and defining the commissions on harness racing, the taxes upon the pari-mutuel pools therein, the "breaks" and taxes thereon, the harness racing season, the length of race meet- ings thereof and other provisions of law relating thereto; providing for the collection by and the distribution to the State, counties and cities of taxes and licenses upon harness racing operations in a manner similar to that governing other racing but providing for additional taxes upon pari-mutuel pools conducted by harness race tracks based upon increasing percentages when the total contributions to such pools exceed certain amounts during any twenty-four hour period; provid- ing that such additional taxes so assessed shall become part of the general revenue fund of the State of Florida subject to appropriations therefrom, except in the event of insufficien- cies in the fund to be distributed to the several counties of Florida; prohibiting the location of any harness racing track at any location within one hundred (100) air miles of any running horse race track located in any area of the State of Florida in which there are two or more running horse race tracks located within one hundred (100) air miles of each other, but exempting permits heretofore issued and which are renewed and extended by this Act, and otherwise author- izing applications for and permits to conduct harness racing subject to ratification as provided by law; extending certain permits heretofore issued subsequent to the declaration of World War II; authorizing the State Racing Commission to make appropriate regulations governing harness racing and effectuating this Act, to allocate days, dates and hours of racing between harness racing tracks and other types of tracks, but empowering the Racing Commission to limit the racing dates of any harness racing licensee to a number not less than fifty (50) or to a lesser number applied for by such licensee in view of the proximity of the track of any such licensee to any other track or tracks, whether or not located in the same county; providing for special meetings of the Racing Commission to consider harness racing appli- cations and dates prior to its next annual meeting; repealing all laws and parts of laws in conflict herewith, to the extent of such conflict; and fixing the effective date of this Act. The above bill was offered for introduction and decision on its admissibility was deferred until the next legislative day. By Mr. Patton of Franklin- H. B. No. 34-X('49)-A bill to be entitled An Act to provide for the raising of additional public revenue by levying a tax of one per cent on transactions involving certain sales and serv- ices; providing for the tax to be paid by the purchaser or the recipient of the service; to appropriate the proceeds thereof; authorizing the State Comptroller to administer the provisions of this Act; making an appropriation to pay the costs of administering this Act; and prescribing penalties for violations of the provisions of this Act. The bill was read the first time by title and referred to the Committee on Finance and Taxation. By Mr. Patton of Franklin- H. B. No. 35-X('49)-A bill to be entitled An Act to create a State Wholesale Alcoholic Beverage Board; providing that the board shall consist of three members to be appointed by the Governor and confirmed by the Senate; authorizing the board to buy, import and deal in beverages having an alcoholic content of more than fourteen per cent by weight, except wines regardless of alcoholic content, and to sell the same at wholesale to vendors, prohibiting vendors to purchase alcoholic beverages as described herein other than from the board; prohibiting any manufacturer or distributor, or any other person, corporation, partnership or association other than the board to sell such beverages at wholesale; providing for the board to maintain one or more distributing warehouses or storehouses in each of the congressional districts in the State of Florida; providing for receipts of the board to be deposited in the general revenue fund; providing for the board to pay moneys in lieu of state, county and municipal licenses and other taxes except federal taxes that the state may be exempt, from; authorizing the board to make rules and regulations for the conduct of its business, to employ such personnel as may be necessary and to pay salaries and other expenses, prohibiting the issuance of any state, county or municipal license to any person, corporation, partnership or association September 9, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES to sell or distribute such alcoholic beverages in the manner as is by this Act limited exclusively to the board and providing for the cancelling and refunding of licenses; providing an appropriation; and fixing a penalty for the violation of the provisions of this Act. The above bill was offered for introduction and decision on its adniis.ibility was deferred until the next legislative day. By Messrs. Sweeny and Cobb of Volusia- H. B. No. 36-X('49)-A bill to be entitled An Act relating to schools; providing for collection of tuition fees by the several county boards of public instruction from non-residents of Florida entering children in the public schools of Florida; providing the manner of computing such fees; authorizing rules and regulations for the administration of this Act; and appropriating monies collected. The above bill was offered for introduction and decision on its admissibility was deferred until the next legislative day. By Mr. Patton of Franklin- H. R. No. 37-X('49)-A Resolution creating an Interim Committee of the House of Representatives consisting of three members to be appointed by the Speaker, to be known as the House Committee to study and investigate practices and procedures of State agencies; authorizing and directing said Committee to inquire into and investigate all State agencies including officers, boards, bureaus, commissions and institutions, for the purpose of determining, whether such agencies are operating as required by law, whether any such agencies are expending funds or engaging in activities beyond the intent or limitations of law, whether any agencies are engaged in over-lapping activities and whether any such agencies or any of their activities or expenditures could be terminated without being detrimental to the public interest and whether any agencies or their activities could be combined or merged to provide a more economical and efficient opera- tion; authorizing said Committee to inspect any record, docu- ment or other paper of any State agency, to subpoena wit- nesses, and to examine the foregoing by either the Commit- tee or an examiner appointed by the Committee, and to cite for contempt; requiring all State officers and employees to make available to said Committee or its examiner all records, documents or other papers and information that may be requested by said Committee; authorizing said Committee to make use of any appropriation or other funds which may be available to pay costs and expenses of Interim Committees; and directing the said Committee to make a report of its findings and recommendations to the House of Representa- tives at the 1951 Regular Session of the Florida State Leg- islature. The above resolution was offered for introduction and decision on its admissibility was deferred until the next legis- lative day. By Messrs. Simpson of Jefferson, Beasley of Walton, Stock- dale and Lantaff of Dade, Fuqua of Manatee, Schuh and Clement of Pinellas, Strayhorn of Lee, Burwell and David of Broward, Williams of Hendry, Papy of Monroe, MacWilliam of Indian River, Hethcox of Lake, Bridges of Calhoun, Andrews of Orange, Hendry of Okeechobee, Bronson of Osceola, Hudson of Washington, Heath of Holmes, Burnsed of Baker, Saunders of St. Lucie, Saunders of Clay, Wotitzky of Charlotte, Tapper of Gulf and McAlpin of Hamilton- H. B. No. 38-X('49)-A bill to be entitled An Act designating and declaring all public roads and bridges now in existence, or which will be hereafter constructed or built, by the several counties of the State of Florida to be general public projects and undertakings and as State roads for the purpose of re- ceiving and participating in the benefits of the Act passed at this Session of the Legislature, imposing an additional tax on gasoline or other like products of petroleum and desig- nated "Secondary Roads Assistance Act of 1949." The above bill was offered for introduction and decision on its admissibility was deferred until the next legislative day. By Messrs. Simpson of Jefferson, Beasley of Walton, Stock- dale and Lantaff of Dade, Fuqua of Manatee, Schuh and Clement of Pinellas, Strayhorn of Lee, Burwell and David of Broward, Williams of Hendry, Papy of Monroe, Collins of Sara- sota, MacWilliam of Indian River, Hethcox of Lake, Bridges of Calhoun, Andrews of Orange, Hendry of Okeechobee, Bronson of Osceola, Hudson of Washington, Heath of Holmes, Burnsed of Baker, Saunders of St. Lucie, Saunders of Clay, Wotitzky of Charlotte, Tapper of Gulf and McAlpin of Hamilton- H. B. No. 39-X('49)--A bill to be entitled An Act amending Chapter 22645, Laws of Florida, Acts of 1945 as amended by Chapter 24363, Laws of Florida, Acts of 1947, also known as Chapter 210, 1947 Cumulative Supplement, Florida Statutes 1941, and being An Act relating to taxation, levying and im- posing a State tax on cigarettes; authorizing the levy of a municipal tax on cigarettes and prohibiting any other mu- nicipal tax thereon; granting a credit or reduction on State tax to extent of municipal tax paid; defining cigarettes; re- quiring all cigarette dealers as herein defined to obtain a cigarette permit; providing for the report of sale or other disposition of cigarettes, and the collection and payment of cigarette taxes; providing for the deposit, appropriation and disposition of the proceeds derived from such taxes including distribution of a portion thereof to municipalities and tuber- culosis hospitals; requiring municipalities to make financial reports; prescribing the duties and powers of the Director of the State Beverage Department including the power to pro- mulgate rules and regulations having force and effect of law; prescribing duties and powers of other officers and em- ployees under this Act and providing for payment of their salaries and other expenses of the administration of this Act; providing for bonds by agents and dealers; providing for af- fixing of stamps as evidence of payment of said tax; pro- viding for the exemptions from payment of said tax; pro- viding that the presumption shall be that cigarettes possessed without stamps affixed are kept in violation of the provision of this Act; imposing an occupational tax on cigarette vending machines; providing, for records to be kept and reports to be made by persons possessing, selling, or transporting cigar- ettes; requiring municipalities to reduce ad valorem operating tax millage and providing formula therefore; providing for the enforcement of this Act and the rules and regulations pro- mulgated by the director and penalties for violation thereof. The above bill was offered for introduction and decision on its admissibility was deferred until the next legislative day. By Messrs. Simpson of Jefferson, Beasley of Walton, Stock- dale and Lantaff of Dade, Fuqua of Manatee, Collins of Sara- sota, Schuh and Clement of Pinellas, Strayhorn of Lee, Bur- well and David of Broward, Williams of Hendry, Papy of Mon- roe, MacWilliam of Indian River, Hethcox of Lake, Bridges of Calhoun, Andrews of Orange, Hendry of Okeechobee, Bronson of Osceola, Hudson of Washington, Heath of Holmes, Burnsed of Baker, Saunders of St. Lucie, Saunders of Clay, Wotitzky of Charlotte, and Tapper of Gulf- H. B. No. 40-X('49)--A bill to be entitled An Act to define certain additional privileges, and to levy and provide for the collection of privilege taxes upon sales of personal property, upon admissions and upon rentals of real and personal property; providing for certain exemptions; to define certain words and terms used in this Act; to provide for the creation and enforcement of liens upon real and personal property of persons liable for the payment of such taxes; to authorize the promulgation of rules and regulations for the administration and enforcement of this Act; to appropriate monies derived from such taxes and to direct the payment of such monies derived from such taxes to the general revenue fund of the State of Florida, to the cost of administration and enforcement of this Act and to provide for impounding any surplus revenue; to provide for the operation of this Act in the event certain provisions herein shall be held invalid; providing for an effective date; to provide penalties for the violation of this Act; and repealing Sections 204.03 and 204.04, Florida Statutes, 1941, and conflicting laws. The bill was read the first time by title and referred to the Committee on Finance and Taxation. By Messrs. Simpson of Jefferson, Beasley of Walton, Collins of Sarasota, Stockdale and Lantaff of Dade, Fuqua of Manatee, Schuh and Clement of Pinellas, Strayhorn of Lee, Burwell and David of Broward, Williams of Hendry, Papy of Monroe, Mac- William of Indian River, Hethcox of Lake, Bridges of Calhoun, Andrews of Orange, Hendry of Okeechobee, Bronson of Osceola, 15 JOURNAL OF THE HOUSE OF REPRESENTATIVES September 9, 1949 Hudson of Washington, Heath of Holmes, Burnsed of Baker, Saunders of St. Lucie, Saunders of Clay, Wotitzky of Charlotte, Tapper of Gulf and McAlpin of Hamilton- H. B. No. 41-X('49)-A bill to be entitled An Act relating to taxation, levying and imposing an additional tax on gasoline or other like products of petroleum; providing for reports of sales of such commodities to the Comptroller of the State of Florida; providing that the gasoline inspection laws of the State of Florida shall apply to this Act; prohibiting the levy and collection by municipalities and other political sub- divisions of gasoline taxes; providing for the purposes of such tax and appropriating the same for the construction and maintenance of public highways and rights of way therefore designated state roads in the several counties, acquiring rights of way for such roads or payment of bonded indebtedness incurred for road and bridge purposes; prescribing the duties of the several boards of county commissioners or other county board having similar powers over roads and bridges and the State Road Department; and allocating said taxes for public highway use in the several counties; providing for the enforce- ment of this Act and penalties for violation thereof. Repealing all laws in conflict with this Act and particularly Chapter 25266, Laws of Florida, Acts of 1949, and providing for im- pounding of the proceeds of the tax imposed in this Act in the event of invalidity of certain sections of this Act; providing that this Act shall become effective October 1, 1949. The above bill was offered for introduction and decision on its admissibility was deferred until the next legislative day. By Messrs. Andrews and Thornal of Orange- H. B. No. 42-X('49)--A bill to be entitled An Act for the relief of Mrs. Louise Thrasher, widow of former constable T. F. Thrasher, deceased; A. F. Graves, deputy constable; and E. G. Duckworth, justice of the peace, both of District No. 1, Orange County, Florida, for certain court costs and expenses of said justice of the peace court. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 42-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Messrs. Andrews and Thornal of Orange- H. B. No. 43-X('49)-A bill to be entitled An Act to provide for the use of voting machines for all elections in Orange County, Florida, and providing for County Commissioners or governing authorities to purchase, lease, or rent machines for election purposes. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 43-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills, By Messrs. Andrews and Thornal of Orange- H. B. No. 44-X('49)-A bill to be entitled An Act relating to the establishment and creation of fire control districts in certain parts of Orange County, Florida; providing for the levying of taxes for the payment of costs and expenses; and providing for a referendum thereon within Districts. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 44-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Mr. Peeples of Glades- H. B. No. 45-X('49)-A bill to be entitled An Act authorizing a total of four (4) licenses to sell intoxicating beverages in any county with a population not less than 2275 and not more than 2285 according to the latest state census, but outside the incorporated limits of any municipality in the aforesaid counties; and excepting from the operation hereof all operators of railroads, sleeping cars, steamships, buses and airplanes obtaining licenses good throughout the State of Florida under the beverage law of the State of Florida, and incorporated clubs including social clubs, and caterers at horse or dog racing plants as defined in the beverage law of the State of Florida, and also exempting from the operation hereof certain hotels. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Local Government. The Speaker announced decision on the admissibility for introduction of House Bill No. 18-X('49), originally to be made today, would, without objection, be postponed at the request of Members until the next legislative day. Without objection, it was so ordered. Mr. Clement moved that the House now adjourn to reconvene at 10:00 o'clock Monday morning. Pending consideration thereof- Mr. Tapper offered a substitute motion that the House now adjourn to reconvene at 10:00 o'clock Saturday morning. The substitute motion was not agreed to. The question recurred on the motion by Mr. Clement that the House now adjourn to reconvene at 10:00 o'clock Monday morning. The motion was agreed to. Thereupon, at the hour of 11:24 A. M. the House stood adjourned until 10:00 o'clock Monday morning. EXTRAORDINARY SESSION JOURNAL OF.THE HOUSE OF REPRESENTATIVES Monday, September 12, 1949 The House was called to order by the Speaker at 10:00 A. M. The roll was taken and the following Members were recorded present: David Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam present. Mathis McAlpin McClure McKendree Melvin Merchant Merritt Monahan Moody Morgan Nesmith Odham Okell Papy Parker Patton Pearce Peeples Phillips Pooser Roberts, Roy Rood Saunders, D. Saunders, S. D. Scarborough Schuh Sellar Shepperd Simpson Slaughter Smith, M. B. Smith, W. A. Stewart Stockdale Strayhorn Summers Surles Sweeny Tapper Thornal Usina Whitlock Williams Wise Wotitzky H. Yeomans Excused Messrs. Roberts of Bradford and Smith of Polk. The following prayer was offered by the Reverend J. L. Hunter, Chaplain: O Lord, all the earth shall worship Thee, and shall sing unto Thee. They shall sing unto the name of the Lord for He ruleth by His power forever. His eyes behold the nations; let not the rebellious exalt themselves. We will bless the Lord who holdeth our lives in His own hands. May we be conscious that we move and live and have our being in Thee. Also, remind us that blessed is that people whose God is the Lord, when the wicked rule, the people mourn; that righteousness exalteth a nation; they that trust in the Lord abideth forever. Grant, O God, that the work of our hands and the prayers of our hearts may be acceptable in Thy sight. For Christ's sake-Amen. The Journal for Friday, September 9, was ordered cor- rected as follows: On Page 15, Column 1, Line 15, counting from the bottom of the page after the word "Hamilton" insert "and Collins of Sarasota-". On Page 15, Column 2, Line 6, counting from the top of the page, after the word "Hamilton" insert "and Collins of Sarasota-". On Page 15, Column 2, Line 28, counting from the bot- tom of the page after the word "Hamilton" insert "and Col- lins of Sarasota-", On Page 16, Column 1, Line 3, counting from the top of the page after the word "Hamilton" insert "and Collins of Sarasota-". INTRODUCTION OF HOUSE BILLS, JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CONCURRENT RESOLUTIONS AND MEMORIALS Mr. McMcMullen asked to be recorded present. By Messrs. Branch of Hillsborough and Merritt of Escam- bia- H. R. No. 46-X('49)-A Resolution authorizing appoint- ,ment of an interim committee to. study bribery laws and make recommendations relating thereto. WHEREAS, the integrity and honesty of public officials is essential to good government, and any undue or improper influence that may be used to undermine these qualifications strikes at the very foundation of good government; and, WHEREAS, it is the duty and responsibility of the Legis- lature to use every means within its power to remove this grave danger by enacting adequate laws to prosecute and punish any person or persons who may use or attempt to use bribery or other improper influence upon public officials to turn them from their moral and legal duty, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF FLORIDA: That the Speaker of the House of Representatives be and he is hereby authorized and directed to appoint a committee consisting of three members of the House of Representatives to study the bribery laws of the State of Florida, with a view to defining more clearly acts of bribery and attempted bribery, and strengthening the enforcement of the bribery laws; and that such committee be directed to report its fihd- ings with its recommendations to the House of Representa- tives at the regular 1951 session of the Legislature. Introduction of the resolution was agreed to by a two- thirds vote of the House. The resolution was read the first time by title. Mr. Branch moved that the rules be waived and HouSe Resolution No. 46-X('49) be read a second time in full. The motion was agreed to, and House Resolution No. 46-X('49) was read a second time in full. Mr. Branch moved the adoption of the resolution. The motion was agreed to, and House Resolution No. 46-X('49) was adopted. By Messrs. Lantaff, Stockdale and Okell of Dade - H. B. No. 47-X('49)-A bill to be entitled An Act amending Section 4 of Chapter 11516, Act of 1925, the same being the Charter of the City of Hialeah, Florida as amended by Sec- tion 1 of Chapter 16456 of Acts of 1933, and as amended by Chapter 25866 of Acts of 1949, so as to provide four- year terms for the three Council candidates receiving the highest number of votes and two-year terms for Councilmen receiving the next highest number of votes; providing for a Council of seven members; providing that the Mayor and Council shall be elected on the second Tuesday in September 17 Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney A quorum JOURNAL OF THE HOUSE OF REPRESENTATIVES September 12, 1949 of each odd-numbered year; that the Mayor shall serve a four-year term; that vacancies in the Council shall be filled by the remaining Councilmen; providing for succession of the Mayor and for a referendum election. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title. Mr. Lantaff asked unanimous consent of the House to now consider House Bill No. 47-X('49). Without objection, it was so ordered. Mr. Lantaff moved that the rules be waived and House Bill No. 47-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 47-X('49) was read a second time by title. Mr. Lantaff moved that the rules be further waived and House Bill No. 47-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 47-X('49) was read a third time in full. When the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Cook Copeland Courtney vote was taken on the passage of the bill the David Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin Scarborough McClure Sellar McKendree Shepperd McMullen Simpson Melvin Slaughter Merchant Smith, M. B. Moody Smith, W. A. Morgan Stewart Nesmith Stockdale Odham Strayhorn Okell Summers Papy Surles Parker Sweeny Patton Tapper Pearce Thornal Peeples Usina Phillips Wlitlock Pooser Williams Roberts, Roy Wise Rood Wotitzky Saunders, D. H. Yeomans Saunders, S. D. Ayes-87. Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. By Mr. Bryant of Marion- H. B. No. 48-X('49)-A bill to be entitled An Act to impose an excise tax on the privilege of renting accommodations in hotels, as defined; to provide for the administration of this Chapter and for the creation and enforcement of liens for the payment of such tax; to provide penalties for violations; to appropriate the taxes levied. The bill was read the first time by title and referred to the Committees on Finance and Taxation, and Appropriations. Mr. Bryant moved that House Bill No. 48-X('49), which was jointly referred to the Committees on Finance and Tax- ation, and Appropriations, be withdrawn from the Commit- tee on Appropriations. The motion was agreed to, and House Bill No. 48-X('49) was ordered withdrawn from the Committee on Appropriations. By Messrs. Stockdale, Lantaff and Okell of Dade- H. B. No. 49-X('49)-A bill to be entitled An Act amending Section 192.06, Florida Statutes, relating to the exemption of certain properties from ad valorem taxes, and excluding prop- erties held and operated for profit from the right to exemp- tion under said Section as amended. Without objection, consideration of the admissibility of House Bill No. 49-X('49) was informally passed. By Messrs. McClure, Schuh and Clement of Pinellas- H. B. No. 50-X('49)-A bill to be entitled An Act to create a County Budget Commission in Pinellas County, Florida; and to prescribe the powers, duties and functions of such County Budget Commission and the qualifications, terms of office and methods of appointment of members thereof; and to authorize such County Budget Commission to make and control the budget receipts and expenditures of the Board of County Commissioners, the Board of Public Instruction, the Board of Health, the Board of Juvenile Welfare, the Anti- Mosquito Board, and all other boards, commissions, and offi- cials of such county or of taxing districts situate therein authorized to raise and expend moneys for county or district purposes. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 50-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Mr. Hendry of Okeechobee- H. B. No. 51-X('49)-A bill to be entitled An Act providing that in all counties having a population of more than 2900 and not more than 2975 according to the last State Census, the members of the Board of County Commissioners shall receive a salary of twelve hundred ($1200) dollars per year, each payable in twelve equal installments out of and from the General Revenue Fund of said county and repealing all laws and parts of laws in conflict herewith. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Local Government. By Mr. Merchant of Madison- H. B. No. 52-X('49)-A bill to be entitled An Act to au- thorize and empower the Judge of the Municipal Court of Greenville to issue search warrants in aid of the enforce- ment of ordinances of said city to be executed within the limits of said city; to regulate their issuance, service and return. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 52-X('49). The House of Representatives -thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Messrs. Henderson and Carraway of Leon, Luckie and Morgan of Duval, Simpson of Jefferson, Collins and Haley of Sarasota, Lantaff, Okell and Stockdale of Dade, MacWilliam of Indian River, Beasley of Walton, Shepperd and Usina of St. Johns, Thornal of Orange, Lancaster of Gilchrist, McKen- dree of Nassau, Smith of Polk, Bridges of Calhoun, Hudson of Washington, Summers of Liberty, Merchant of Madison, Burnsed of Baker, Roberts of Bradford, Mathis and Courtney of Bay, Cobb and Sweeny of Volusia, McClure of Pinellas, Whitlock of Alachua, Bollinger and Elliott of Palm Beach, Smith of Seminole, Johnson and Scarborough of Gadsden, Patton of Franklin, Melvin of Santa Rosa, Yeomans of Citrus, Bronson of OMceola, Burwell and David of Broward, Botts September 12, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES of Escambia, Dekle of Taylor, Moody of Hillsborough, Frank and Bryant of Marion, Rood and Fuqua of Manatee, Dayton of Pasco, Keith of Martin, Hough and Strayhorn of Lee, Pearce of Highlands, Parker of DeSoto, Black of Alachua, and Bedenbaugh of Columbia- H. C. R. No. 53-X('49)-A concurrent resolution making application to the Congress of the United States for the call- ing of a convention to propose an amendment to the Consti- tution of the United States. A roll call was demanded on the introduction of the con- current resolution. When the vote was taken on the introduction of House Con- current Resolution No. 53-X('49), the result was: Ayes: Allen Frank Beasley Fuqua Bedenbaugh Haley Black Heath Botts Hendersc Branch Hendry Bridges Hethcox Bronson Hough Bryant Hudson Burnsed Johnson Burwell Keith Carraway Lancaste Cobb Lancaste Copeland Lantaff Courtney Luckie David MacWilli Dekle Mathis Nays: Andrews Clement Burton Douglas Carlton Dunn Mr. Branch requested to "nay". Ayes-65. >n r, D. r, H. am McClure McKendree McMullen Melvin Merchant Merritt Moody Morgan Odham Parker Patton Pearce Peeples Phillips Pooser Rood Saunders, S. D. Nesmith Papy Roberts, Roy Scarborough Shepperd Simpson Slaughter Stewart Strayhorn Summers Surles Sweeny Tapper Thornal Usina Whitlock Williams Yeomans Schuh Sellar Wotitzky that his vote be changed from "aye" Nays-13. Introduction of the concurrent resolution was agreed to by a two-thirds vote of the House. H. C. R. No. 53-X('49)-A concurrent resolution making application to the Congress of the United States for the Call- ing of a convention to propose an amendment to the Consti- tution of the United States. BE IT RESOLVED BY THE HOUSE OF REPRESENTA- TIVES OF THE STATE OF FLORIDA, THE SENATE CON- CURRING: WHEREAS, Article V of the Constitution of the United States reads in part as follows: "The Congress on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and pur- poses, as part of this constitution, when ratified by the legis- latures of three-fourths of the several states-"; and WHEREAS, The legislature of the state of Florida, in view of the increasing tax problems of the state, caused in large part by the invasion of tax sources by the federal govern- ment, believes that its problems as well as the problems of other states similarly situated, can be solved only by some restraint upon present unrestrained exercise of the taxing power by the federal government; and WHEREAS, the federal government is using and has been using for a number of years the taxing power to produce revenue beyond a legitimate necessity of a federal government, other than defense needs, and has been using the funds so raised to invade the province of legislation of the states and to appropriate in many fields that which amounts to a dole to the states of the money raised therefrom to accomplish many purposes, most of them worthy, but by the described process making the money available only under conditions which result in a control by the federal government from centralized agencies in Washington, in many cases; unfit, and in other cases unable to administer the laws according to the local needs because of varying conditions in the coun- try as a whole; resulting in inequities in the administration of the very benefits purported to be granted; and WHEREAS, State and local needs are disadvantaged be- cause the people are already taxed far beyond the real need for any purpose other than forcing the centralization of all government in Washington; and WHEREAS, the framers of the Constitution of the United States clearly foresaw the possibility of a condition similar to that herein described, and made provision in the Consti- tution for safeguarding the states against any oppression or invasion of rights by the federal government; therefore be it RESOLVED, by the legislature of the state of Florida, That said legislature, hereby and pursuant to Article V of the Constitution of the United States, makes application to the Congress of the United States to call a convention for the proposing of the following amendment to the Constitution of the United States: ARTICLE Section 1. The power to levy taxes and appropriate the revenues therefrom heretofore granted to the Congress by the states in the several articles of this constitution is hereby limited. Sec. 2. This article shall be in effect except during a state of war, hereafter declared, when it shall be suspended. The suspension thereof shall end upon the termination of the war but not later than three months after the cessation of hostilities, whichever shall be earlier. The cessation of hos- tilities may be declared by proclamation of the President or by concurrent resolution of the Congress or by concurrent action of the legislatures of 32 states. Sec. 3. Notwithstanding the provisions of Article V, this article may be suspended for a time certain or amended at any time by concurrent action of the legislatures of three- fourths of the states. Sec. 4. There shall be set aside in the treasury of the United States a separate fund into which shall be paid 25 per cent of all taxes collected by authority derived front the sixteenth amendment to this constitution, except as provided in section 5, and 25 per cent of all sums collected by the United States from any other tax levied for revenue. Sec. 5. There shall be set aside in the treasury of the United States a separate fund into which shall be paid all sums received from taxes levied on personal incomes in excess of 50 per cent thereof and from taxes levied on income or profits of corporations in excess of 38 per cent thereof. Sec. 6. Before paying any sums into the funds created by sections 4 and 5 hereof, the treasurer of the United States shall deduct therefrom 20 per cent which shall be used in payment of the principal of the national debt of the United States. Sec. 7. No tax shall hereafter be imposed on that portion of the incomes of individuals which does not exceed, in the case of unmarried persons the sum of $600.00. per annum, aid in the case of married persons the sum of $1,200 per amumll jointly. A minimum deduction of $600.00 per annum shall be allowed for each dependent. Sec. 8. The treasurer of the United States shall once in each year, from the separate fund created by section 4 hereof, pay to each of the several states /4 of 1 per cent of said fund and from the remainder of said fund shall pay to each state a portion of such remainder determined by the popu- lation of each state in ratio to the entire population of thl several states according to the last federal decennial census or any subsequent general census authorized by law. Sec. 9. The treasurer of the United States shall, from the separate fund created by section 5 hereof, pay to each state, once in each year, a sum equal to the amount of money in such fund which was collected from persons or corporations within such state, JOURNAL OF THE HOUSE OF REPRESENTATIVES September 12, 1949 Sec. 10. Any sums paid hereunder to the several states shall be available for appropriation only by the legislatures thereof. The legislatures may appropriate therefrom for any purpose not forbidden by the constitutions of the respective states and may appropriate therefrom for expenditures within the states for any purpose for which appropriations have heretofore been made by the Congress except such purposes as are specifically reserved by this constitution for the ex- clusive power of the Congress. The people of each state may limit the expenditures of funds herein made available to the legislature, but shall not direct the appropriation thereof. Sec. 11. Each legislature shall have power by rule or resolution to provide for the assembly thereof in special ses- sions for the purpose of considering amendments to, the suspension of or the ratification of amendments proposed to this article. Sec. 12. Each legislature shall have power to elect one or more persons to represent such legislature in any council or convention of states created by concurrent action of the legis- latures of 32 states for the purpose of obtaining uniform action by the legislatures of the several states in any matters con- nected with the amendment of this article. Sec. 13. The Congress shall not create, admit or form new states from the territory of the several states as constituted on the first day of January, 1949, and shall not create, form or admit more than three states from the territories and in- sular possessions under the jurisdiction of the United States on the first day of January, 1949, or from territory thereafter acquired without the express consent of the legislatures of % of the several states. Sec. 14. On and after January 1, 1949, the dollar shall be the unit of the currency. The gold content of the dollar as fixed on January 1, 1949, shall not be decreased. Sec 15. Concurrent action of the legislatures of the several states as used herein shall mean the adoption of the same resolution by the required number of legislatures. A limit of time may be fixed by such resolution within which such con- current action shall be taken. No legislature shall revoke the affirmative action of a preceding legislature taken therein. Sec. 16. During any period when this article is in effect the Congress may, by concurrent resolution adopted by two- thirds of both houses wherein declaration is made that addi- tional funds are necessary for the defense of the nation, limit the amount of money required by this article to be returned to the several states. Such limitation shall continue until ter- minated by the Congress or by concurrent action of a major- ity of the legislatures of the several states. Upon termination of any such limitation the Congress may not thereafter im- pose a limitation without the express consent by concurrent action of a majority of the legislatures of the several states. Sec. 17. This article is declared to be self-executing and be it further RESOLVED, That attested copies of this concurrent resolu- tion be sent to the presiding officers of each House of the Congress and to each member of the Florida delegation in Congress, and that printed copies thereof, showing that said concurrent resolution was adopted by the legislature of Flor- ida, be sent to each House of each legislature of each state of the United States; and be it further RESOLVED, That this application hereby made by the legislature of the state of Florida shall constitute a continu- ing application in accordance with Article V, of the Constitu- tion of the United States until at least two-thirds of the legis- latures of the several states shall have made similar applica- tions pursuant to said Article V; and be it further RESOLVED, That since this is an exercise by a state of the United States of a power granted to it under the Constitution the request is hereby made that the official journals and Records of both Houses of Congress, shall include the resolu- tion or a notice of its receipt by the Congress, together with similar applications from other states, so that the Congress and the various states shall be apprised of the time when the necessary number of states shall have so exercised their power under Article V of the Constitution; and be it further RtESOL\ED, That since this method of proposing amend- ments to the Constitution has never been completed to the point of calling a convention and no interpretation of the power of the states in the exercise of this right has ever been made by any court or any qualified tribunal, if there be such, and since the exercise of the power is a matter of basic soverign rights and the interpretation thereof is pri- marily in the soverign government making such exercise a nd since the power to use such right in full also carries the power to use such right in part the legislature of the state of Florida interprets Article V to mean that if two-thirds of the states make application for a convention to propose an identical amendment to the Constitution for ratification with a limitation that such amendment be the only matter before it, that such convention would have power only to propose the specified amendment and would be limited to such pro- posal and would not have power to vary the text thereof nor would it have power to propose other amendments on the same or different propositions; and be it further RESOLVED, That the legislature of the state of Florida does not by this exercise of its power under Article V, author- ize the Congress to call a convention for any purpose other than the proposing of the specific amendment which is a part hereof; nor does it authorize any representative of the state of Florida who may participate in such convention to con- sider or to agree to the proposing of any amendment other than the one made a part hereof; and be it further RESOLVED, That by its actions in these premises, the legis- lature of the state of Florida does not in any way limit in any other proceeding its right to exercise its power to the full extent; and be it further RESOLVED, That the Congress, in exercising its power of decision as to the method of ratification of the proposed article by the legislatures or by conventions, is hereby request- ed to require that the ratification be by the legislatures. -was read the first time by title and referred to the Com- mittee on Finance and Taxation. By Messrs. Cobb and Sweeny of Volusia- H. R. No. 54-X('49)-A Resolution directing the Secretary of State to deliver to the Attorney General the original copy of Chapter 26294, Special Acts of the Regular 1949 Legislature and following use of this original Act to return same to the Secretary of State for permanent filing. WHEREAS, the Secretary of State is custodian of copies of all original bills passed by the Legislature and is required to retain such copies unless otherwise authorized, and WHEREAS, the Attorney General has need of an original copy of a local House bill passed by the regular session of the 1949 Legislature. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES: That the Secretary of State is hereby directed to deliver into the custody of the Attorney General the original copy of chapter 26294, special act of the regular 1949 Legislature, who shall, following use of such copy, return same to the Secretary of State for permanent filing. Introduction of the resolution was agreed to by a two-thirds vote of the House. The resolution was read the first time by title. Mr. Cobb moved that the rules be waived and House Resolution No. 54-X('49) be read a second time in full. The motion was agreed to by a two-thirds vote, and House Resolution No. 54-X('49) was read in full. Mr. Cobb moved the adoption of the resolution. The motion was agreed to, and House Resolution No. 54-X ('49) was adopted. By Messrs. Okell, Lantaff and Stockdale of Dade- H. B. No. 55-X('49)-A bill to be entitled An Act to amend Chapter 21968, Section 11, Florida Statutes 1943, regulating September 12, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES the activities and affairs of labor unions by making pro- vision for suits and process by and against the same. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Judiciary (Civil). By Mr. Bedenbaugh of Columbia- H. B. No. 56-X('49)-A bill to be entitled An Act directing the Board of County Commissioners of Columbia County, Florida, to make or cause to be made a survey and appraisal of all real and personal property to aid the tax assessor in making his annual valuation for the assessment of taxes: to contract with any competent agency to make such survey and appraisal, and to levy a tax not to exceed two (2) mills on the dollar for the year 1950 for the purpose of making such survey and appraisal: and providing for the issuance of tax anticipation certificates. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 56-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. CONSIDERATION OF MEASURES PREVIOUSLY OFFERED FOR INTRODUCTION BUT NOT FORMALLY RE- CEIVED PENDING DECISION UPON ADMISSIBILITY Mr. McMullen asked unanimous consent to withdraw House Bill No. 18-X('49) from consideration. Without objection, House Bill No. 18-X('49) was ordered withdrawn. Mr. Usina asked unanimous consent to withdraw House Bill No. 33-X('49) from consideration. Without objection, House Bill No. 33-X('49) was ordered withdrawn. The Speaker held that House Bill No. 35-X('49) was within the purview of the Governor's Call. By Mr. Patton of Franklin- H. B, No. 35-X('49)--A bill to be entitled An Act to create a State Wholesale Alcoholic Beverage Board; providing that the board shall consist of three members to be appointed by the Governor and confirmed by the Senate; authorizing the board to buy, import and deal in beverages having an alcoholic content of more than fourteen per cent by weight, except wines regardless of alcoholic content, and to sell the same at wholesale to vendors, prohibiting vendors to purchase alcoholic beverages as described herein other than from the board; prohibiting any manufacturer or distributor, or any other person, corporation, partnership or association other than the board to sell such beverages at wholesale; providing for the board to maintain one or more distributing warehouses or storehouses in each of the congressional districts in the State of Florida; providing for receipts of the board to be deposited in the general revenue fund; providing for the board to pay moneys in lieu of state, county and municipal licenses and other taxes except federal taxes that the state may be exempt from; authorizing the board to make rules and regulations for the conduct of its business, to employ such personnel as may be necessary and to pay salaries and other expenses, prohibiting the issuance of any state, county or municipal license to any person, corporation, partnership or association to sell or distribute such alcoholic beverages in the manner as is by this Act limited exclusively to the board and providing for the cancelling and refunding of licenses; providing an appropriation; and fixing a penalty for the violation of the provisions of this Act. The bill was read the first time by title and referred to the Committees on Finance and Taxation, and Appropriations. Mr. Okell moved that louse Bill No. 35-X('49) be also referred to the Committee on Business Regulation. The motion was agreed to, and House Bill No. 35-X(49) was referred to the Committees on Finance and Taxation, Appro- priations, and Business Regulation. The Speaker held that House Bill No. 36-X('49) was within the purview of the Governor's Call. By Messrs. Sweeny and Cobb of Volusia- H. B. No. 36-X('49)-A bill to be entitled An Act relating to schools; providing for collection of tuition fees by the several county boards of public instruction from non-residents of Florida entering children in the public schools of Florida; providing the manner of computing such fees; authorizing rules and regulations for the administration of this Act; and appropriating monies collected. The bill was read the first time by title and referred to the Committee on Education. Mr. Sweeny moved that House Bill No. 36-X('49) be with- drawn from the Committee on Education and referred instead to the Committee on Finance and Taxation. The motion was agreed to, and House Bill No. 36-X('49) Was withdrawn from the Committee on Education and referred to the Committee on Finance and Taxation. Without objection, consideration of the admissibility of House Resolution No. 37-X('49) was informally passed. Mr. Simpson asked unanimous consent to withdraw House Bill No. 38-X('49) from consideration. Without objection, House Bill No. 38-X('49) was ordered withdrawn. The Speaker announced he was prepared to rule upon the admissibility of House Bill No. 39-X('49). By way of infor- mation, the Speaker said the Attorney General had given an informal opinion that the bill was within the purview of the Governor's Call. Mr. Odham said he would like, in advance of the Speaker's ruling, to address the Chair in opposition to receiving the bill under the terms of the Governor's Call. There was objection. The Speaker, observing that it had been his custom to hear the contentions of both sides before ruling in disputed matters, put the question of whether the House wished him to receive brief argument from proponents and opponents of the admissibility ofthe bill in advance of his decision. A roll call was demanded. When the vote was taken on the question of whether the Chair should hear brief argument on the bill's admissibility, "the result was: Ayes: Allen Beasley Bedenbaugh Black Bollinger Botts Bronson Bryant Burnsed Carraway Cobb Collins Copeland Dayton Dekle Douglas Dunn Elliott Frank Fuqua Haley Heath Henderson Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Luckie MacWilliam Mathis McAlpin McClure McKendree Smith, M. B. Melvin Smith, W. A. Merchant Stewart Merritt Stockdale Monahan Strayhorn Moody Summers Morgan Surles Nesmith Sweeny Odham Thornal Peeples Usina Pooser Whitlock Rood Williams Saunders, S. D. Wise Scarborough Yeomans Sellar Simpson Slaughter 21 JOURNAL OF THE HOUSE OF REPRESENTATIVES September 12, 1949 Courtney Hendry Hethcox Okell Papy Parker Tapper Pearce Wotitzly Phillips Saunders, D. H. Schuh After argument had been heard, the Speaker held that House Bill No. 39-X('49) was within the purview of the Governor's Call. Mr. McClure appealed from the ruling of the Chair. MR. ELLIOTT IN THE CHAIR. Mr. Elliott put the question of whether the ruling of the Chair shall be sustained. A roll call was demanded. When the vote was taken on whether the ruling of the Chair shall be sustained, the result was: Copeland Courtney David Dayton Douglas Frank Fuqua Henderson Hendry Hethcox Hough Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Haley Hudson Johnson McClure Merchant Mathis McAlpin McKendree McMullen Melvin Nesmith Papy Parker Patton Pearce Peeples Phillips Roberts, Roy Saunders, D. H. Saunders, S. D. Scarborough Schuh Merritt Moody Morgan Odham Okell Sellar Shepperd Simpson Smith, M. B. Smith, W. A. Stewart Stockdale Strayhorn Surles Tapper rhornal Usina Whitlock Williams Wise NVotitzky Yeomans Pooser Rood Summers Sweeny So the ruling of the Chair was sustained, and House Bill No. 39-X('49) was received under the Governor's Call. THE SPEAKER IN THE CHAIR. By Messrs. Simpson of Jefferson, Beasley of Walton, Stock- dale and Lantaff of Dade, Fuqua of Manatee, Schuh and Clement of Pinellas, Strayhorn of Lee, Burwell and David of Broward, Williams of Hendry, Papy of Monroe, MacWilliam of Indian River, Hethcox of Lake, Bridges of Calhoun, An- drews of Orange, Hendry of Okeechobee, Bronson of Osceola,' Hudson of Washington, Heath of Holmes, Burnsed of Baker, Saunders of St. Lucie, Saunders of Clay, Wotitzky of Charlotte, Tapper of Gulf, McAlpin of Hamilton, and Collins of Sarasota- H. B. No. 39-X('49)-A bill to be entitled An Act amending Chapter 22645, Laws of Florida, Acts of 1945 as amended by Chapter 24363, Laws of Florida, Acts of 1947, also known as Chapter 210, 1947 Cumulative Supplement, Florida Statutes 1941, and being An Act relating to taxation, levying and im- posing a State tax on cigarettes; authorizing the levy of a municipal tax on cigarettes and prohibiting any other mu- nicipal tax thereon; granting a credit or reduction on State tax to extent of municipal tax paid; defining cigarettes; re- quiring all cigarette dealers as herein defined to obtain a cigarette permit; providing for the report of sale or other disposition of cigarettes, and the collection and payment of cigarette taxes; providing for the deposit, appropriation and disposition of the proceeds derived from such taxes including distribution of a portion thereof to municipalities and tuber- Nays: Andrews Bridges Burton Carlton Cook Ayes-65. Nays-17. Allen Bedenbaugh Bollinger Botts Bryant Burnsed Cobb Copeland Dayton Nays: Andrews Beasley Branch Bridges Bronson Burton Burwell Carlton Carraway Clement Collins Cook Courtney David Dekle Douglas Dowda Dunn Frank Haley Johnson Lancaster, D. Luckie Fuqua Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, H. Lantaff MacWilliam Mathis McAlpin McKendree McClure McMullen Merchant Monahan Morgan Nesmith Odham Pooser Rood Slaughter Smith, M. B. Smith, W. A. Stewart Summers Sweeny Melvin Sellar Merritt Shepperd Moody Simpson Okell Stockdale Papy Strayhorn Patton Surles Pearce Tapper Peeples Thornal Phillips Whitlock Roberts, Roy Williams Saunders, D. H. Notitzky Saunders, S. D. Yeomans Scarborough Schuh Ayes-33. Nays-54. The motion was not agreed to, and the bill was not referred to the Committee on Local Government. Mr. Bryant raised the point of order that the bill em- bodied an appropriation and should go also under the rule to the Committee on Appropriations. The Speaker held the point of order was well taken, and House Bill No. 39-X('49) was referred to the Committees on Finance and Taxation, and Appropriations. Mr. Simpson asked unanimous consent to withdraw House Bill No. 41-X('49) from consideration. Without objection, House Bill No. 41-X('49) was ordered withdrawn. MESSAGES FROM THE SENATE The following messages from the Senate were received and read: 22 culosis hospitals; requiring municipalities to make financial reports; prescribing the duties and powers of the Director of the State Beverage Department including the power to pro- mulgate rules and regulations having force and effect of law; prescribing duties and powers of other officers and em- ployees under this Act and providing for payment of their salaries and other expenses of the administration of this Act; providing for bonds by agents and dealers; providing for af- fixing of stamps as evidence of payment of said tax; pro- viding for the exemptions from payment of said tax; pro- viding that the presumption shall be that cigarettes possessed without stamps affixed are kept in violation of the provision of this Act; imposing an occupational tax on cigarette vending machines; providing for records to be kept and reports to be made by persons possessing, selling, or transporting cigar- ettes; requiring municipalities to reduce ad valorem operating tax millage and providing formula therefore providing for the enforcement of this Act and the rules and regulations pro- mulgated by the director and penalties for violation thereof. The bill was read the first time by title and referred to the Committee on Finance and Taxation. Mr. Allen moved that the bill be also referred to the Com- mittee on Local Government. A roll call was demanded. When the vote was taken on the motion to jointly refer the bill to the Committee on Finance and Taxation, and Local Government, the result was: Ayes: Ayes: Allen Andrews Beasley Black Bollinger Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Collins Cook Nays: Bedenbaugh Botts Cobb Dowda Dunn Ayes-68. Nays-19. September 12, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES SENATE CHAMBER Tallahassee, Florida September 12, 1949 The Honorable Perry E. Murray, Speaker of the House of Representatives, Sir: I am directed by the Senate to inform the House of Representatives that the Senate has adopted- Senate Concurrent Resolution No. 11-X(49): BE IT RESOLVED BY THE SENATE, THE HOUSE OF REPRESENTATIVES CONCURRING: Section 1. That the extraordinary session now convened shall consider no bills outside the Governor's call contraven- ing any of the provisions of the 1947 School Foundation Law, as amended. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. And Senate Concurrent Resolution No. 11-X(49) contained in the above message, was read the first time by its title and was referred to the Committee on Rules and Calendar. SENATE CHAMBER Tallahassee, Florida, September 12, 1949 The Honorable Perry E. Murray, Speaker of the House of Representatives, Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- Senate Bill No. 23-X(49): A bill to be entitled An Act to declare, designate and estab- lish a certain State road in Suwannee County, Florida. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 23-X(49) contained in the above mes- sage, was read the first time by title and was referred to the Committee on Public Roads. SENATE CHAMBER Tallahassee, Florida, September 12, 1949 The Honorable Perry E. Murray, Speaker of the House of Representatives, Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- Senate Bill No. 27-X(49): A bill to be entitled An Act to amend Section 37.01 of Chapter 37, Florida Statutes 1941, relating to jurisdiction of Justices of the Peace' Courts, and making certain exemptions for counties in special classifications. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 27-X(49) contained in the above mes- sage, was read the first time by title and was referred to the Committee on Local Government. SENATE CHAMBER Tallahassee, Florida, September 12, 1949 The Honorable Perry E. Murray, Speaker of the House of Representatives, Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- Senate Bill No. 24-X(49): A bill to be entitled An Act to validate the incorporation of the town of Sweetwater in Dade County. Proof of Publication attached. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of publication of Notice attached to S. B. No. 24-X(49). 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 Senate Bill No. 24-X(49) contained in the above mes- sage, was read the first time by title and ordered placed on the Local Calendar. SENATE CHAMBER Tallahassee, Florida, September 9, 1949 Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Rep- resentatives that the Senate has passed- Senate Bill No. 10-X(49): A bill to be entitled An Act authorizing and directing the Board of County Commissioners of Duval County to appoint and employ a County Medical Examiner to be named and recommended to the Board by the State Attorney for the Fourth Judicial Circuit which includes Duval County; to fix the term of his employment and his compensation; to provide said Medical Examiner shall be empowered to investigate deaths of persons resulting from criminal violations, by casual- ties, by suicide, suddenly when in apparent good health, when not attended by a physician, in prison or in any suspicious or unusual manner; to make investigation or examination, when called upon by the State Attorney of said Judicial Circuit in respect to any female person allegedly raped; to provide the County Medical Examiner shall make a report of all investi- gations and examinations and otherwise to'prescribe the powers and duties of such County Medical Examiner; to provide for Assistant Examiners and other personnel necessary to carry out the provisions hereof; and to provide for and authorize funds to provide, set up, establish and erect the necessary properties and facilities for carrying out the purposes hereof; and to authorize the performance of autopsies. Proof of Publication attached to above bill. Also- Senate Bill No. 14-X(49): A bill to be entitled An Act amending Sections 11, 13 and 14 of Chapter 4498, Laws of Florida, Acts of 1895, entitled, "An 23 JOURNAL OF THE HOUSE OF REPRESENTATIVES September 12, 1949 Act to provide for the municipal officers of the City of Jack- sonville, a municipal corporation existing in Duval County, Florida; to prescribe their terms of office, provide for their election and appointment and regulate their compensation, and to repeal Chapter 4301 of the Laws of Florida," so as to provide that only the names of candidates who have been put in nomination by primary election, or in certain cases by the executive committee of a political party, shall be printed on the ballots to be used in general elections in the City of Jacksonville, and to permit candidates to be designated by party and voters to vote a straight party ticket in such elections. Proof of Publication attached to above bill. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of publication of Notice attached to S. B. No. 10-X(49). 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 Senate Bill No. 10-X(49) contained in the above mes- sage, was read the first time by title and ordered placed on the Local Calendar. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of publication of Notice attached to S. B. No. 14-X(49). 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 Senate Bill No. 14-X(49) contained in the above mes- sage, was read the first time by title and ordered placed on the Local Calendar. Mr. Dowda moved that the rules be waived and the House now revert to the order of Introduction of House bills, joint resolutions, House resolutions, concurrent resolutions and memorials. The motion was agreed to by a two-thirds vote, and it was so ordered. INTRODUCTION OF HOUSE BILLS, JOINT RESOLUTION, HOUSE RESOLUTIONS, CONCURRENT RESOLUTIONS AND MEMORIALS By Messrs. McClure of Pinellas, Simpson of Jefferson and Strayhorn of Lee- H. B. No. 57-X('49)--A bill to be entitled An Act amending Section 10 of Chapter 25370, Laws of Florida, Acts of 1949, relating to State revenues and appropriations for the bien- nium 1949-1951; and relating to the powers and duties of the State Budget Commission in order to provide revenues to meet certain emergencies should they occur. The above bill was offered for introduction and decision on its admissibility was deferred until the next legislative day. By Messrs. Cobb and Sweeny of Volusia- H. B. No. 58-X('49)-A bill to be entitled An Act providing for the assessment, equalization and collection, pursuant to Sections 16 and 17 of Article VIII, of the Florida Constitution, as adopted at the 1948 General Election, of all taxes levied by the State, County, County School Board, Special Taxing Districts, Municipalities, and other agencies in Volusia County, Florida. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 58-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Messrs. Clement, Schuh and McClure of Pinellas- H. B. No. 59-X('49)-A bill to be entitled An Act designat- ing and establishing a certain road in Pinellas County, Flor- ida, to be a State Road. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Public Roads. By Mr. Dowda of Putnam- H. B. No. 60-X('49)-A bill to be entitled An Act amending Section One of Chapter 25370, Acts of 1949, the same being An Act making appropriations for the salaries of the officers and employees of the State and for the current operating expenses of the department and branches of the State Gov- ernment for the annual periods beginning July 1st, 1949, and July 1st, 1950. The above bill was offered for introduction and decision on its admissibility was deferred until the next legislative day, REPORTS OF STANDING COMMITTEES Mr. McMullen, Chairman of the Committee on Local Gov- ernment, moved that the rules regarding the report of com- mittees be waived, and that all population bills referred to the Committee on Local Government prior to today be placed on the Calendar with a favorable report. The motion was agreed to by a two-thirds vote, and it was so ordered. Mr. Luckie moved that the rules requiring the posting of notice be waived and chairmen of committees be permitted to call meetings for the consideration of bills and resolutions by announcement from the floor during sessions of the House. Pending consideration thereof, Mr. Bryant moved to amend the motion of Mr. Luckie by adding thereto, "providing, however, that the chairmen shall announce the numbers of the bills or resolutions to be considered." A roll call was ordered. When the vote was taken on the motion to amend, the result was: Ayes: Allen Bedenbaugh Black Botts Bryant Burnsed Cobb Copeland Nays: Andrews Beasley Bridges Bronson Burton Burwell Carraway Clement Collins Courtney David Douglas Ayes-30. Nays-45. Dayton Elliott Prank Haley Hudson Johnson Keith Luckie Dowda Dunn Heath Henderson Hendry Hough Lancaster, D. Lancaster, H. Lantaff MacWilliam McKendree Melvin McAlpin McClure McMullen Monahan Moody Morgan Phillips Pooser Rood Scarborough Slaughter Stewart Summers Sweeny Merchant Smith, W. A. Nesmith Stockdale Okell Strayhorn Papy Surles Patton Tapper Peeples iUsina Roberts, Roy Whitlock Saunders, D. H. Williams Schuh Yeomans Shepperd Simpson Smith, M. B. The motion to amend was not agreed to. The question recurred on the motion by Mr. Luckie. September 12, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES The motion was agreed to by a two-thirds vote, and it was so ordered. September 12, 1949. Mr. Simpson, Chairman of the Committee on Finance and Taxation, reports that the committee has carefully considered the following bills and recommends that they not pass: House Bill No. 8-X('49)-A bill to be entitled An Act im- posing an additional tax upon malt beverages. House Bill No. 9-X('49)-A bill to be entitled An Act amend- ing Section 2 of Chapter 25340, Laws of Florida, Acts of 1949, relating to taxes on certain beverages containing Fourteen percent, or more, of alcohol by weight. House Bill No. 10-X('49)-A bill to be entitled An Act im- posing an additional tax upon wines and providing for a dif- ferential as to unfortified Florida wines. House Bill No. 13-X('49)-A bill to be entitled An Act re- quiring all lobbyists as herein defined to pay a license fee of Five Hundred Dollars ($500) biennially to the Comptroller to be credited to the General Revenue Fund. And House Bills Nos. 8-X, 9-X, 10-X and 13-X, contained in the above report, were laid on the table under the rule. ANNOUNCEMENTS The Speaker announced that all persons subject to regis- tration under Rule 14, concerning lobbyists, should do so at once. Those who registered with the Chief Clerk during the regular session were cautioned that they must register again if similarly employed during the extraordinary session. MESSAGE FROM THE SENATE The following message from the Senate was received and read: SENATE CHAMBER Tallahassee, Florida, September 12, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- House Bill No. 47-X('49): A bill to be entitled An Act amending Section 4 of Chapter 11516, Act of 1925, the same being the Charter of the City of Hialeah, Florida as amended by Section 1 of Chapter 16456 of Acts of 1933, and as amended by Chapter 25866 of Acts of 1949, so as to provide four-year terms for the three Council candidates receiving the highest number of votes and two- year terms for Councilmen receiving the next highest number of votes; providing for a Council of seven members; providing that the Mayor and Council shall be elected on the second Tuesday in September of each odd numbered year; that the Mayor shall serve a four-year term; that vacancies in the Council shall be filled by the remaining Councilmen; pro- viding for succession of the Mayor and for a referendum elec- tion. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. And House Bill No. 47-X('49) contained in the above message, was referred to the Chief Clerk for enrollment. The following registrations with the Chief Clerk were made under Rule 14. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is E. L. Cole, my occupation is Secretary-Treasurer, Florida League of Municipalities, and that I am employed by and appear in the interest of Florida League of Municipalities, whose address is 206 Rutland Build- ing, St. Petersburg, Florida, and for the following period Dura- tion of Special Session. E. L. COLE State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Warren P. Hunnicutt, my occupation is Real Estate Broker, and that I am employed by and appear in the interest of Florida League of Municipali- ties, whose address is 206 Rutland Building, St. Petersburg, Florida, and for the following period Duration of Special Session. WARREN P. HUNNICUTT State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is John D. Marsh, my occu- pation is Assistant City Attorney, Miami, Florida, and that I am employed by and appear in the interest of City of Miami, whose address is City Hall, Miami, Florida, and for the follow- ing period Duration of Special Session. JOHN D. MARSH State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is R. O. ("Bill") Riddle, my occupation is Executive Vice-President, Florida State Hotel Association, and that I am employed by and appear in the interest of Florida State Hotel Association, whose address is 610 Graham Building, Jacksonville, Florida, and for the fol- lowing period Duration of Special Session. R. O. RIDDLE State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is S. P. Robineau, my occu- pation is Lawyer, and that I am employed by and appear in the interest of West Flagler Amusement Co., and American 25 JOURNAL OF THE HOUSE OF REPRESENTATIVES September 12, 1949 Drive Yourself Assn., whose address is 3027 DuPont Bldg., Miami, Florida, and for the following period Extraordinary Session, September, 1949. S. P. ROBINEAU State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is H. C. Roland, my occupa- tion is Regional Manager, Southeastern Greyhound Lines, and that I appear in the interest of Motor Bus Carriers, and for the following period Duration of Special Session. H. C. ROLAND State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. p. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Miss Helen E. Shearston, my occupation is Registered Nurse, and that I am employed by and appear in the interest of Florida State Nurses' Associa- tion, whose address is 315 Calumet Building, Miami, Florida, 10 N.E. 3rd Avenue, and for the following period Duration of Session. HELEN E. SHEARSTON, R.N. State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is A. D. Tomasello, my occu- pation is Investigator, and that I am employed by and appear in the interest of Florida Trucking Association, Jacksonville, Fla., whose address is B. Nelson, Deranian, Washington, D. C., and for the following period Extraordinary Session, September, 1949. A. D. TOMASELLO State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Thomas J. Roebuck, my occupation is Telephone Service, and that I am employed by and appear in the interest of Southern Bell Telephone & Tele- graph Co., whose address is Jacksonville, Florida, and for the following period Duration of Special Session. THOMAS J. ROEBUCK State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is LeRoy Allen, my occupa- tion is Associated Outdoor Clubs, Inc., and that I am employ- ed by and appear in the interest of Same, whose address is Tampa, Florida, and for the following period Duration of Special Session. LEROY ALLEN State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Glen P. Woodard, Jr., my occupation is Executive Secretary, and that I am employed by and appear in the interest of Florida Petroleum Industries Committee, whose address is Jacksonville, Florida, and for the following period Full-time. GLEN P. WOODARD, JR. State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Le Roy Allen, my occupa- tion is Consolidated Distributors, Inc., and that I am employed by and appear in the interest of Same, whose address is Tampa, Florida, and for the following period Duration of Special Session. LE ROY ALLEN State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is R. H. Hancock, my occupa- tion is Distilled Spirits Wholesalers, Inc., and that I am em- ployed by and appear in the interest of Same, whose address is Jacksonville, Florida, (Graham Building), and for the follow- ing period Duration of Special Session. R. H. HANCOCK State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. 26 September 12, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is James A. Harper, my occu- pation is Pres., Florida Federation of Labor, and that I am employed by and appear in the interest of Same, whose address is 516-28th Street, West Palm Beach, Fla., and for the follow- ing period Duration of Special Session. JAS. A. HARPER State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Ben H. Fuqua, my occupa- tion is Administrative Assistant, and that I am employed by and appear in the interest of Florida Power and Light Com- pany, whose address is 25 S.E. Second Ave., Miami, Florida, and for the following period Permanent Employment. BEN H. FUQUA State of Florida, County of Leon. Sworn to and subscribed before me'this 12th day of Sep-' tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Charles A. Korbly, my occupation is Special Representative, and that I am employed by and appear in the interest of American Fire and Casualty Co., whose address is Orlando, Florida, and for the following period Duration of Special Session. CHARLES A. KORBLY State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Ben C. Willis, my occupa- tion is Lawyer, and that I am employed by and appear in the interest of Association of Casualty and Surety Companies, whose address is 60 John Street, New York City, and for the following period Duration of Extra Session. BEN C. WILLIS State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is James Messer, Jr., my occupation is Attorney at Law, and that I am employed by and appear in the interest of City of Tallahassee, whose address is Tallahassee, Fla., and for the following period 1949 Extra- ordinary Session. JAMES MESSER, JR. State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is James Messer Jr., my occupation is Attorney-at-Law, and that I am employed by and appear in the interest of Florida Railroad Association, whose address is 404 Midyette Moor Building, Tallahassee, Fla., and for the following period 1949 Extraordinary Session. JAMES MESSER, JR. State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is James Messer, Jr., my occupation is Attorney at Law. and that I am employed by and appear in the interest of Florida Beer Industry, whose address is DuPont Building, Miami, Florida, and for the fol- lowing period 1949 Extraordinary Session. JAMES MESSER, JR. State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Ralph A. Scott, my occupa- tion is Head, Land Dept., Fla. Power and Light Co., and that I am employed by and appear in the interest of Same, whose address is Miami, Florida, and for the following period Dura- tion of Special Session. RALPH A. SCOTT State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is William N. Monroe, my occupation is Secretary, Fla. State Assn. Retail Grocerymen, and that I am employed by and appear in the interest of Same, whose address is P. O. Box 461 Tampa, Fla., and for the fol- lowing period Duration of Extra Session. W. N. MONROE State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. Mr. Clement moved that the rules be waived and the House now adjourn to reconvene at 10:00 o'clock tomorrow morning. The motion was agreed to, and it was so ordered. Thereupon, at the hour of 11:55 A. M. the House stoo( adjourned until 10:00 o'clock tomorrow morning. 27 EXTRAORDINARY SESSION JOURNAL OF THE HOUSE OF REPRESENTATIVES Tuesday, September 13, 1949 The House was called to order by the Speaker at 10:00 A. M. The roll was taken and the following Members were recorded present: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney David Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin McClure McKendree McMullen Melvin Merchant Merritt Monahan Moody Morgan Nesmith Odham Okell Papy Parker Patton Pearce Peeples Phillips Pooser Roberts, Roy Rood Saunders, D. H. Saunders, S. D. Scarborough Schuh Sellar Shepperd Simpson Slaughter Smith, M. B. Smith, W. A. Stewart Stockdale Strayhorn Summers Surles Sweeny Tapper Thornal Usina Whitlock Williams Wise Wotitzky Yeomans A quorum present. Excused: Messrs. Roberts of Bradford and Smith of Polk. The following prayer was offered by the Reverend J. L. Hunter, Chaplain: We would pray as did the Psalmist who said "Come, let us worship and bow down; let us kneel before the Lord our maker. For He is our God; and we are the people of His pasture, and the sheep of His hand." The Lord reigneth, He is clothed with strength; He is clothed with majesty; yea with strength He hath girded himself. Let us come and bow down and worship before Him. We are thankful for our State. We want to have a part in helping it to serve its purpose. Forgive us for doing anything that is keeping us from serving our fellowmen to the best of our ability. Help us to be able to see the changes needed in our personal lives in order to be better servants of Thine and of each other. For Christ's sake-Amen. CORRECTION OF THE JOURNAL The Journal for Monday, September 12, was ordered cor- rected and as corrected was approved. Mr. Patton moved that House Bill No. 35-X('49) be with- drawn from the Committees on Business Regulations and Ap- propriations. He said the bill, which he had introduced, was referred to these committees, in addition to the original refer- ence to the Committee on Finance and Taxation, during his temporary absence yesterday from the chamber. Pending consideration thereof, Mr. Clement moved that the rules be waived, and the House now take up and consider local bills. The motion was agreed to by a two-thirds vote, and it was so ordered. CONSIDERATION OF HOUSE LOCAL BILLS FOR SECOND READING H. B. No. 16-X('49)-A bill to be entitled An Act author- izing Boards of County Commissioners in all counties of the State of Florida having more than 10,900 and less than 11,100 population according to the last preceding State Census, to purchase not more than eight voting machines for use in all elections; making the use of such voting machines valid; pro- viding that such voting machines and the use thereof shall be in accordance with provisions of law now in effect and pro- viding an effective date for this Act. -was taken up. . Mr. Simpson moved that the rules be waived and House Bill No. 16-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 16-X('49) was read a second time by title. Mr. Simpson moved that the rules be further waived and House Bill No. 16-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 16-X('49) was read a third time in full. When the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney Ayes-86. vote was taken on the passage of the bill the David Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam McAlpin Schuh McClure Sellar McKendree Shepperd Melvin Simpson Merchant Slaughter Moody Smith, M. B. Morgan Stewart Nesmith Stockdale Odham Strayhorn Okell Summers Papy Surles Parker Sweeny Patton Tapper Pearce Thornal Peeples Usina Phillips Whitlock Pooser Williams Roberts, Roy Wise Rood Wotitzky Saunders, D. H. Yeomans Saunders, S. D. Scarborough Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 45-X('49)-A bill to be entitled An Act authorizing a total of four (4) licenses to sell intoxicating beverages in any county with a population not less than 2275 and not more than 2285 according to the latest state census, but outside the incorporated limits of any municipality in the aforesaid counties; and excepting from the operation hereof all operators of railroads, sleeping cars. steamshius buses and airplanes 28 September 13, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES obtaining licenses good throughout the State of Florida under the beverage law of the State of Florida, and incorporated clubs including social clubs, and caterers at horse or dog racing plants as defined in the beverage law of the State of Florida, and also exempting from the operation hereof certain hotels. -was taken up. Mr. Peeples moved that the rules be waived and House Bill No. 45-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 45-X('49) was read a second time by title. Mr. Peeples moved that the rules be further waived and House Bill No. 45-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 45-X('49) was read a third time in full. When the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney vote was taken on the passage of the bill the David Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam McAlpin Schuh McClure Sellar McKendree Shepperd Melvin Simpson Merchant Slaughter Moody Smith, M. B. Morgan Stewart Nesmith Stockdale Odham Strayhorn Okell Summers Papy Surles Parker Sweeny Patton Tapper Pearce Thornal Peeples Usina Phillips Whitlock Pooser Williams Roberts, Roy Wise Rood Wotitzky Saunders, D. H. Yeomans Saunders, S. D. Scarborough Ayes-86. Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 25-X('49)-A bill to be entitled An Act to amend Section 17 of Chapter 21598, Laws of Florida, Special Acts of 1941, "An Act to abolish the present municipal government of the City of Tarpon Springs, in Pinellas County, Flor- ida, and to create, establish and organize a municipality to be known and designated as the City of Tarpon Springs, and to define its territorial boundaries and provide for its government, jurisdiction, powers, franchises and privileges and providing for a referendum", by deleting therefrom the pro- vision for a refunding committee to pass on refunding pro- posals of the bonded debt of the City of Tarpon Springs. -was taken up. Mr. Clement moved that the rules be waived and House Bill No. 25-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 25-X('49) was read a second time by title. Mr. Clement moved that the rules be further waived and House Bill No. 25-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 25-X('49) was read a third time in full. When the vote was taken on the passage of the bill the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney Ayes-86. Nays-None. David Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hefhcox Hough Hudson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam McAlpin Schuh McClure Sellar McKendree Shepperd Melvin Simpson Merchant Slaughter Moody Smith, M. B. Morgan Stewart Nesmith Stockdale Odham Strayhorn Okell Summers Papy Surles Parker Sweeny Patton Tapper Pearce Thornal Peeples Usina Phillips Whitlock Pooser Williams Roberts, Roy Wise Rood Wotitzky Saunders, D. H. Yeomans Saunders, S. D. Scarborough So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 27-X('49)-A bill to be entitled An Act to Amend Section 2A of Chapter 10754 Laws of Florida, As Passed in 1925 Regular Session of the Florida Legislature, and Approved June 8, 1925, as Amended by Chapter 14172, Special Acts of 1929 Legislature of Florida, and as Changed or Altered by Subsequent Legislative Acts and/or Amendments of said 1925 Act, Including Chapter 21334 Special Acts of the 1941 and The 1949 Special Acts at the Regular Session of the Legisla- ture of the State of Florida, Relating to the Creation and Establishment of the City of Lakeland, Florida; Describing the Territorial Boundaries of said City; Including Certain Lands into the Territorial Jurisdiction of the said City. -was taken up. Mr. Surles moved that the rules be waived and House Bill No. 27-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 27-X('49) was read a second time by title. Mr. Surles moved that the rules be further waived and House Bill No. 27-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 27-X('49) was read a third time in full. When the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney vote was taken on the passage of the bill the David Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam McAlpin Schuh McClure Sellar McKendree Shepperd Melvin Simpson Merchant Slaughter Moody Smith, M. B. Morgan Stewart Nesmith Stockdale Odham Strayhorn Okell Summers Papy Surles Parker Sweeny Patton Tapper Pearce Thornal Peeples Usina Phillips Whitlock Pooser Williams Roberts, Roy Wise Rood Wotitzky Saunders, D. H. Yeomans Saunders, S. D. Scarborough Ayes-86. Nays-None. JOURNAL OF THE HOUSE OF REPRESENTATIVES September 13, 1949 So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 28-X('49)-A bill to be entitled An Act Authorizing the City of Lakeland, Florida, to Further Regulate the Trans- portation of Persons and Property for Hire on the Streets of Said City, Authorizing the City to Limit the number of Automobile Taxicabs operating Therein and to Grant for a Valuable Consideration two or More Franchises, including Exclusive Franchises to Different Persons, Firms or Corpora- tions for the Use of the Streets of Said City for the Operation of a Taxicab Business upon such Terms and Conditions and Under Such Regulations as May Be Imposed by the City Commission of Said City and Authorizing The City to Estab- lish and Regulate the Rates and Charges Required by Taxi- cabs for the Transportation of persons and their Baggage over the Streets of Said City and To Establish Minimum and Maximum Charges for Such Services. -was taken up. Mr. Surles moved that the rules be waived and House Bill No. 28-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 28-X('49) was read a second time by title. Mr. Surles moved that the rules be further waived and House Bill No. 28-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 28-X('49) was read a third time in full. When the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney vote was taken on the passage of the bill the David Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam McAlpin Schuh McClure Sellar McKendree Shepperd Melvin Simpson Merchant Slaughter Moody Smith, M. B. Morgan Stewart Nesmith Stockdale Odham Strayhorn Okell Summers Papy Surles Parker Sweeny Patton Tapper Pearce Thornal Peeples Usina Phillips Whitlock Pooser Williams Roberts, Roy Wise Rood Wotitzky Saunders, D. H. Yeomans Saunders, S. D. Scarborough Ayes-86. Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 29-X('49)-A bill to be entitled An Act Amending Section 4 of Chapter 25440, Laws of Florida, Acts of 1949, changing the effective date of this Act which relates to the common boundary line between Pasco and Polk Counties. -was taken up. Mr. Surles moved that the rules be waived and House Bill No. 29-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 29-X('49) was read a second time by title. Amendment No. 1- Mr. Surles of Polk offered the following amendment to House Bill No. 29-X('49): By adding Sections 2 and 3 as follows: Section 2. That Pasco County shall assess, levy and collect all ad valorem taxes for the year 1949 on the land transferred by this law from Pasco County to Polk County. Section 3. This act shall take effect upon its becoming a law. Mr. Surles moved the adoption of Amendment No. 1. The motion was agreed to, and Amendment No. 1 was adopted by a two-thirds vote. Amendment No. 2- Mr. Surles of Polk offered the following amendment to House Bill No. 29-X('49) : At the end of the title strike out the period, insert a "comma" and the following words: "and providing that Pasco County shall assess, levy and collect all ad valorem taxes for the year 1949 on the property transferred from Pasco County to Polk County." Mr. Surles moved the adoption of Amendment No. 2. The motion was agreed to, and Amendment No. 2 was adopted by a two-thirds vote. Mr. Surles moved that the rules be further waived and House Bill No. 29-X('49), as amended, be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 29-X('49) as amended, was read a third time in full. When the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney vote was taken on the passage of the bill the David Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam McAlpin Schuh McClure Sellar McKendree Shepperd Melvin Simpson Merchant Slaughter Moody Smith, M. B. Morgan Stewart Nesmith Stockdale Odham Strayhorn Okell Summers Papy Surles Parker Sweeny Patton Tapper Pearce Thornal Peeples Usina Phillips Whitlock Pooser Williams Roberts, Roy Wise Rood Wotitzky Saunders, D. H. Yeomans Saunders, S. D. Scarborough Ayes-86. Nays-None. So the bill passed, as amended, by a two-thirds vote and was ordered certified to the Senate after engrossment by the Chief Clerk. H. B. No. 31-X('49)-A bill to be entitled An Act to amend Section 2 of Chapter 23373, Laws of Florida, Special Acts of 1945, entitled, "An Act creating the Utility Board of the City of Key West, Florida to manage, operate, maintain, extend, improve and control the Municipal Electric Utility owned by the City of Key West: appointing the first members of said Board and fixing their terms of office: providing for the ap- pointment and terms of office of subsequent members of said Board, providing that the Mayor shall be a member of said Board; prescribing its jurisdiction, powers, functions, author- ity, franchises, duties and privileges: and declaring the Leg- islative intention that said Act shall not be deemed repealed by an Act passed at the Regular Session of the Legislature in 1945 unless specific reference is made to said Act for such 30 September 13, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES purposes", by appointing new members of said board and fixing their terms of office. -was taken up. Mr. Papy moved that the rules be waived and House Bill No. 31-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 31-X('49) was read a second time by title. Mr. Papy moved that the rules be further waived and House Bill No. 31-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 31-X('49) was read a third time in full. When the ve result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney Ayes-86. Nays-None. ote was taken on the passage of the bill the David Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam McAlpin Schuh McClure Sellar McKendree Shepperd Melvin Simpson Merchant Slaughter Moody Smith, M. B. Morgan Stewart Nesmith Stockdale Odham Strayhorn Okell Summers Papy Surles Parker Sweeny Patton Tapper Pearce Thornal Peeples Usina Phillips Whitlock. Pooser Williams Roberts, Roy Wise Rood Wotitzky Saunders, D. H. Yeomans Saunders, S. D. Scarborough So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 32-X('49)-A bill to be entitled An Act author- izing the reappraisal and revaluation of the taxable property in Pinellas County, Florida; prescribing the rights, authori- ties and duty of certain county officials in relation thereto and repealing all laws in conflict therewith. -was taken up. Mr. Clement moved that the rules be waived and House Bill No. 32-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 32-X('49) was read a second time by title. Mr. Clement moved that the rules be further waived and House Bill No. 32-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 32-X('49) was read a third time in full. When the vote was taken on the passage of the bill the result was: Ayes: Mr. Speaker Bryant Copeland Fuqua Allen Burnsed Courtney Haley Andrews Burton David Heath Beasley Burwell Dayton Henderson Bedenbaugh Carlton Dekle Hendry Bollinger Carraway Douglas Hethcox Botts Clement Dowda Hough Branch Cobb Dunn Hudson Bridges Collins Elliott Keith Bronson Cook Frank Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam McAlpin McClure McKendree Melvin Merchant Moody Morgan Nesmith Ayes-86. Nays-None. Odham Saunders, S. D. Surles Okell Scarborough Sweeny Papy Schuh Tapper Parker Sellar Thornal Patton Shepperd Usina Pearce Simpson Whitlock Peeples Slaughter Williams Phillips Smith, M. B. Wise Pooser Stewart Wotitzky Roberts, Roy Stockdale Yeomans Rood Strayhorn Saunders, D. H. Summers So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 50-X('49)-A bill to be entitled An Act to create a County Budget Commission in Pinellas County, Florida; and to prescribe the powers, duties and functions of such County Budget Commission and the qualifications, terms of office and methods of appointment of members thereof; and to authorize such County Budget Commission to make and control the budget receipts and expenditures of the Board of County Commissioners, the Board of Public Instruction, the Board of Health, the Board of Juvenile Welfare, the Anti- Mosquito Board, and all other boards, commissions, and offi- cials of such county or of taxing districts situate therein authorized to raise and expend moneys for county or district purposes. -was taken up. Mr. Clement moved that the rules be waived and House Bill No. 50-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 50-X('49) was read a second time by title. Amendment Messrs. Clement, McClure and Schuh of Pinellas, offered the following amendment to House Bill No. 50-X('49). Strike out Section 3 and insert the following in lieu there- of: "Section 3. ORGANIZATION OF COUNTY BUDGET COMMISSION.-The County Budget Commission shall elect one of its members as Chairman. The Clerk of the Circuit Court shall serve as Secretary ex officio, and as Clerk of the County Budget Commission; but he shall not be entitled to any salary or additional compensation therefore. Each mem- ber of the County Budget Commission shall receive as com- pensation for his services, the sum of fifteen dollars ($15.00) per day, or any fraction thereof, in which such member shall sit in Commission Meetings, or shall be actually engaged in discharging the business of the Commission. Such compensa- tion shall be paid for by the Board of County Commissioners of Pinellas County, Florida, upon proper requisition being made therefore " Mr. Clement moved the adoption of the Amendment. The motion was agreed to, and the Amendment was adopted by a two-thirds vote. Mr. Clement moved that the rules be further waived and House Bill No. 50-X(49), as amended, be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 50-X('49), as amended, was read a third time in full. When the vote was taken on the passage of the bill the result was: Ayes: Mr. Speaker Bronson Collins Dunn Allen Bryant Cook Elliott Andrews Burnsed Copeland Frank Beasley Burton Courtney Fuqua Bedenbaugh Burwell David Haley Bollinger Carlton Dayton Heath Botts Carraway Dekle Henderson Branch Clement Douglas Hendry Bridges Cobb Dowda Hethcox 31 JOURNAL OF THE HOUSE OF REPRESENTATIVES September 13, 1949 Rood Summers Saunders, D. H. Surles Saunders, S. D. Sweeny Scarborough Tapper Schuh rhornal Sellar Jsina Shepperd Whitlock Simpson Williams Slaughter Wise Smith, M. B. Notitzky Stewart Yeomans Stockdale Strayhorn Ayes-86. Nays-None. So the bill passed, as amended, by a two-thirds vote and was ordered certified to the Senate after engrossment by the Chief Clerk. H. B. No. 14-X('49)-A bill to be entitled An Act to amend Chapter 23374, Laws of Florida, Acts of the Legislative year 1945, being the Charter of the City of Key West, Florida, by amending Section 8 of Article I of the introductory chapter thereof so as to exclude certain land from the present terri- torial boundaries of the City of Key West, Florida. -was taken up. Mr. Papy moved that the rules be waived and House Bill No. 14-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 14-X('49) was read a second time by title. Mr. Papy moved that the rules be further waived and House Bill No. 14-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 14-X('49) was read a third time in full. When the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney vote was taken on the passage of the bill the David Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam McAlpin Schuh McClure Sellar McKendree Shepperd Melvin Simpson Merchant Slaughter Moody Smith, M. B. Morgan Stewart Nesmith Stockdale Odham Strayhorn Okell Summers Papy Surles Parker Sweeny Patton Tapper Pearce Thornal Peeples Usina Phillips Whitlock Pooser Williams Roberts, Roy Wise Rood Wotitzky Saunders, D. H. Yeomans Saunders, S.D. Scarborough Ayes-86. Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 52-X('49)-A bill to be entitled An Act to au- thorize and empower the Judge of the Municipal Court of Greenville to issue search warrants in aid of the enforce- ment of ordinances of said city to be executed within the limits of said city; to regulate their issuance, service and return. -was taken up. Mr. Merchant moved that the rules be waived and House Bill No. 52-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 52-X('49) was read a second time by title. Mr. Merchant moved that the rules be further waived and House Bill No. 52-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 52-X('49) was read a third time in full. Hough Hudson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam McAlpin McClure McKendree Melvin Merchant Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney David Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Moody Morgan Nesmith Odham Okell Papy Parker Patton Pearce Peeples Phillips Pooser Roberts, Roy Ayes-86. Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 56-X('49)-A bill to be entitled An Act directing the Board of County Commissioners of Columbia County, Florida, to make or cause to be made a survey and appraisal of all real and personal property to aid the tax assessor in making his annual valuation for the assessment of taxes: to contract with any competent agency to make such survey and appraisal, and to levy a tax not to exceed two (2) mills on the dollar for the year 1950 for the purpose of making such survey and appraisal: and providing for the issuance of tax anticipation certificates. -was taken up. Mr. Bedenbaugh moved that the rules be waived and House Bill No. 56-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 56-X('49) was read a second time by title. Mr. Bedenbaugh moved that the rules be further waived and House Bill No. 56-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 56-X('49) was read a third time in full. When the vote was taken on the passage of the bill the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney David Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley When the vote was taken result was: on the passage of the bill the McAlpin Schuh McClure Sellar McKendree Shepperd Melvin Simpson Merchant Slaughter Moody Smith, M. B. Morgan Stewart Nesmith Stockdale Odham Strayhorn Okell Summers Papy Surles Parker Sweeny Patton Tapper Pearce Thornal Peeples Usina Phillips Whitlock Pooser Williams Roberts, Roy Wise Rood Wotitzky Saunders, D. H. Yeomans Saunders, S. D. Scarborough September 13, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES Pooser Roberts, Roy Rood Saunders, D. H Saunders, S. D. Scarborough Schuh Sellar Shepperd Simpson Slaughter Smith, M. B. Stewart Stockdale Strayhorn Summers Surles .Sweeny Tapper Thornal Usina Whitlock Williams Wise Wotitzky Yeomans Ayes-86. Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 58-X('49)-A bill to be entitled An Act providing for the assessment, equalization and collection, pursuant to Sections 16 and 17 of Article VIII, of the Florida Constitution, as adopted at the 1948 General Election, of all taxes levied by the State, County, County School Board, Special Taxing Districts, Municipalities, and other agencies in Volusia County, Florida. -was taken up. Mr. Cobb moved that the rules be waived and House Bill No. 58-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 58-X('49) was read a second time by title. Mr. Cobb moved that the rules be further waived and House Bill No. 58-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 58-X('49) was read a third time in full. When the vote was taken on the passage of the bill the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney David Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam McAlpin Schuh McClure Sellar McKendree Shepperd Melvin Simpson Merchant Slaughter Moody Smith, M. B. Morgan Stewart Nesmith Stockdale Odham Strayhorn Okell Summers Papy Surles Parker Sweeny Patton Tapper Pearce Thornal Peeples Usina Phillips Whitlock Pooser Williams Roberts, Roy Wise Rood Wotitzky Saunders, D. H. Yeomans Saunders, S. D. Scarborough Ayes-86. Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 30-X('49)-A bill to be entitled An Act prescrib- ing the amount and authorizing the compensation to be paid to and received by the Chairman and other Members of County Boards of Public Instruction in Counties of the State of Florida having not less than Nine Hundred instruction units nor more than One Thousand Four Hundred and Fifty in- struction units according to the last annual computation of such units made as prescribed by Section 29 of Chapter 23726, Laws of Florida, Acts of 1947; providing for the payment of expenses of such board members and specifying the effective date of said Act. -was taken up. Mr. Surles moved that the rules be waived and House Bill No. 30-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 30-X('49) was read a second time by title. Mr. Surles moved that the rules be further waived and House Bill No. 30-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 30-X('49) was read a third time in full. When the result was: Ayes: Mr. Speaker Andrews Beasley Bedenbaugh Bollinger Botts Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Cobb Collins Cook Copeland Courtney Nays: Clement Frank vote was taken on the passage of the bill the David Dayton Dekle Douglas Dowda Dunn Elliott Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lancaster, H. Lantaff McClure Schuh Luckie MacWilliam McAlpin McKendree Melvin Merchant Morgan Nesmith Okell Papy Parker Patton Pearce Peeples Phillips Pooser Roberts, Roy Rood Saunders, D. H Sellar Summers Saunders, S. D. Shepperd Simpson Slaughter Smith, M. B. Smith, W. A. Stewart Stockdale Strayhorn Surles Sweeny Thornal Whitlock Wise Yeomans Wotitzky Ayes-72. Nays-7. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. CONSIDERATION OF SENATE LOCAL BILLS FOR SECOND READING Consideration of Senate Bill No. 14-X('49) was informally passed. Senate Bill No. 14-X(49): A bill to be entitled An Act amending Sections 11, 13 and 14 of Chapter 4498, Laws of Florida, Acts of 1895, entitled, "An Act to provide for the municipal officers of the City of Jack- sonville, a municipal corporation existing in Duval County, Florida; to prescribe their terms of office, provide for their election and appointment and regulate their compensation, and to repeal Chapter 4301 of the Laws of Florida," so as to provide that only the names of candidates who have been put in nomination by primary election, or in certain cases by the executive committee of a political party, shall be printed on the ballots to be used in general elections in the City of Jacksonville, and to permit candidates to be designated by party and voters to vote a straight party ticket in such elections. -was taken up. Mr. Morgan moved that the rules be waived and Senate Bill No. 14-X(49) be read a second time by title. The motion was agreed to by a two-thirds vote and Senate Bill No. 14-X(49) was read a second time by title. Heath Henderson Hethcox Hendry Hudson Hough Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam McAlpin McClure McKendree Melvin Merchant Moody Morgan Nesmith Odham Okell Papy Parker Patton Pearce Peeples Phillips 33 JOURNAL OF THE HOUSE OF REPRESENTATIVES September 13, 1949 Mr. Morgan moved that the rules be further waived and Senate Bill No. 14-X(49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and Senate Bill No. 14-X(49) was read a third time in full. When the vote was taken result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Bollinger Botts Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney David Ayes-86. Nays-None. Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam on the passage of the bill the McAlpin McClure McKendree McMullen Melvin Merchant Merritt Moody Morgan Nesmith Odham Okell Papy Parker Patton Pearce Peeples Phillips Pooser Roberts, Roy Rood Saunders, D. H. Saunders, S. D. Scarborough Schuh Sellar Shepperd Simpson Slaughter Smith, W. A. Stewart Stockdale Strayhorn Summers Sweeny Tapper Thornal Whitlock Williams Wise Wotitzky Yeomans So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. Senate Bill No. 24-X(49): A bill to be entitled An Act to validate the incorporation of the town of Sweetwater in Dade County. -was taken up. Mr. Lantaff moved that the rules be waived and Senate Bill No. 24-X(49) be read a second time by title. The motion was agreed to by a two-thirds vote and Senate Bill No. 24-X(49) was read a second time by title. Mr. Lantaff moved that the rules be further waived and Senate Bill No. 24-X(49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and Senate Bill No. 24-X(49) was read a third time in full. When the v result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Bollinger Botts Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney David Ayes-86. Nays--None. 'ote was taken on the passage of the bill the Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam McAlpin McClure McKendree McMullen Melvin Merchant Merritt Moody Morgan Nesmith Odham Okell Papy Parker Patton Pearce Peeples Phillips Pooser Roberts, Roy Rood Saunders, S. D. Scarborough Schuh Sellar Shepperd Simpson Slaughter Smith, W. A. Stewart Stockdale Strayhorn Summers Sweeny Tapper Thornal Whitlock Williams Wise Wotitzky Yeomans Saunders, D. H. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. Mr. Clement moved that the rules be waived and the House now revert to the order of business of Correction of the Journal. The motion was agreed to by a two-thirds vote, and it was so ordered. CORRECTION OF THE JOURNAL The question recurred on the. motion by Mr. Patton to withdraw House Bill No. 35-X('49) from the Committees on Business Regulations and Appropriations. Pending consideration thereof, Mr. Patton asked consent for the withdrawal of the motion. The consent was granted, and the motion was withdrawn. Mr. Simpson asked unanimous consent for the listing of Mr. Strayhorn as an introducer of House Bill No. 57-X('49). Without objection, it was so ordered. Mr. Simpson moved that House Bill No. 39-X('49), which had been referred jointly on yesterday to the Committees on Finance and Taxation and Appropriations, be withdrawn from the Committee on Appropriations. A roll call was demanded. When the vote was taken on the motion to withdraw House Bill No. 39-X('49) from the Committee on Appropriations, the result was: Ayes: Andrews Beasley Bedenbaugh Black Bridges Bronson Burnsed Burton Burwell Carraway Clement Collins Cook Courtney Nays: Allen Bollinger Botts Branch Bryant Cobb Copeland Dayton Dekle Ayes-54. Nays-34. David Douglas Fuqua Heath Henderson Hendry Hethcox Hudson Keith Lantaff MacWilliam Mathis McAlpin McClure Dowda Dunn Elliott Frank Haley Hough Johnson Lancaster, D. Lancaster, H. Melvin Shepperd Odham Simpson Okell Stockdale Papy Strayhorn Parker Surles Patton Tapper Pearce Thornal Peeples Usina Phillips Whitlock Roberts, Roy Williams Saunders, D. H. iotitzky Saunders, S. D. Yeomans Schuh Sellar McKendree McMullen Merchant Monahan Moody Morgan Nesmith Pooser Rood Scarborough Slaughter Smith, W. A. Stewart Summers Sweeny Wise The motion was agreed to, and House Bill No. 39-X('49) was ordered withdrawn from the Committee on Appropriations and left only in the Committee on Finance and Taxation. COMMUNICATIONS The Speaker announced that Mr. Roberts of Brevard has resigned as a member of the Committee on Public Utilities and Transportation, and has been appointed as a member of the Committee on Finance and Taxation. The Speaker announced that in accordance with H. R. No. 46-X('49), which authorizes the appointment of an interim committee to study bribery laws and make recommendations, the following committee has been appointed: Messrs. Branch of Hillsborough, Dayton of Pasco and Andrews of Orange. 34 September 13, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES INTRODUCTION OF HOUSE BILLS, JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CONCURRENT RESOLUTIONS AND MEMORIALS By Mr. Nesmith of Wakulla- H. B. No. 61-X('49)-A bill to be entitled An Act fixing the annual salary of the tax assessor and tax collector for all counties having a population of not less than 4975, or more than 5065, according to the most recent State Census, and repealing all laws in conflict herewith. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Local Government. By Messrs. Bryant of Marion and Cobb of Volusia- H. B. No. 62-X('49)-A bill to be entitled An Act relating to the levying and collecting of a tax on cigarettes: amending Section 210.02, Florida Statutes, as amended; providing for an increase in the rate of taxation; and providing an effective date. The bill was read the first time by title and referred to the Committee on Finance and Taxation. By the Committee on Judiciary Civil- H. B. No. 63-X('49)-A bill to be entitled An Act relating to the apportionment of federal and state estate taxes and repealing Chapter 25435, Laws of Florida, 1949. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and ordered placed on the Calendar without reference. By Mr. Saunders of St. Lucie- H. B. No. 64-X('49)-A bill to be entitled An Act authorizing special taxing districts created for the purpose of protecting land within said districts from damage by erosion, storms, tidal waves and currents, or high waters, and for the public benefit, by Special Acts of the Legislature, to determine, assess, levy and collect a uniform tax upon the real property located within said districts for the purpose of paying the expenses incident to organizing said districts, making surveys, assessing benefits and damages, and the administrative costs and expenses of said districts for a period of two years from the creation of any such districts, when notice of intention to determine, assess and levy such tax has been mailed by the governing board of such district to each property owner owning lands in such district, not less than fourteen days prior to the date upon which said governing board of such district shall meet for the purpose of determining, assessing and levying such uniform tax; and providing that notice of such meeting of such govern- ing board shall be published in a newspaper of general circula- tion published in the county in which such district may be located, once each week for two consecutive weeks prior to the date of such meeting of such boards for said purposes; and ratifying and approving any such uniform tax determined, assessed and levied by said districts for said purposes when said notices have heretofore been mailed as prescribed herein and when the publication of such notice has been instituted prior to the passage of this Act and completed after it becomes a law, or has heretofore been published in a newspaper as herein prescribed; repealing all laws and parts of laws in conflict herewith and prescribing the effective date of this Act. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Drainage and Water Control. By Mr. Parker of DeSoto- H. B. No. 65-X('49)-A till to be entitled An Act authorizing the Board of County Commissioners of DeSoto County, Florida, to annually levy a rate of millage not to exceed two mills against all of the taxable property in said county, for the purpose of bridge construction, maintenance, and repair thereof in DeSoto County, Florida. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 65-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Mr. Pooser of Jackson- H. B. No. 66-X('49)--A bill to be entitled An Act to amend Section 2 of Chapter 24302, Laws of Florida, Acts of 1947, "An Act to provide for the licensing and regulating of dealers in liquefied petroleum gas, manufacturers of appliances and equipment for the use of such gas, and persons installing such appliances on the premises of the ultimate consumer of such gas; defining certain terms hsed herein; providing for security required of such dealers, manufacturers and persons; prescribing the duties of the State Fire Marshal with respect to the administration of this Act; and authorizing him to prescribe uniform regulations in this state for safety of design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck or tank trailer and utilizing liquefied petroleum gases for fuel pur- poses; and for the odorization of said gases used therewith; to provide for the marking of liquefied petroleum gas con- tainers and to prohibit the refilling or use of such containers without authorization of the owner thereof; making a violation of this Act a misdemeanor and prescribing the penalty there- for; providing funds for the administration of this Act; and prohibiting the adoption by municipalities or other political subdivisions of ordinances or regulations in conflict with this Act; and setting the effective date of this Act", by providing for an increase in the license taxes provided in Section 2 of said Chapter 24302. The bill was read the first time by title and referred to the Committee on Finance and Taxation. By Mr. Bedenbaugh of Columbia- H. R. No. 67-X('49)-A Resolution requesting the Finance and Taxation Committee of the House of Representatives of the 1949 Extraordinary Session of the Legislature to prepare cer- tain tax measures for submission to the House of Representa- tives. BE IT RESOLVED BY THE HOUSE OF REPRESENTA- TIVES: That the finance and taxation committee of the House of Representatives is requested to prepare for submission to this legislature emergency legislation to increase all taxes now levied by the State of Florida in an amount sufficient to produce the needed revenue to finance the needs of the state, such measures to be prepared in such form that same shall be effective for an emergency period of one hundred and twenty days from the time of adoption, or permanently, dependent upon the vote of the electorate of the State of Florida at an election within ninety days to be provided for in a constitutional resolution, hereby requested to be pre- pared by the said finance and taxation committee, wherein it shall be provided for the repeal of the prohibition against the levy of the income tax contained in Article IV, Section 11 of the State Constitution; and further, to prepare as companion measures bills to provide for the levy of a state income tax in amounts sufficient in the aggregate to jointly defray the financial requirements of Florida, to become effective upon a favorable vote at such election and at the expiration of the said one hundred and twenty day emergency period. Upon such favorable vote, the tax increases shall cease at the end of the said one hundred and twenty day period and all taxes so increased shall revert to the amounts existent prior to such increases. Upon the unfavorable vote of the electorate of the state upon the adoption of a joint income and sales tax, it is re- quested that provision be made that the emergency tax measures shall remain in full force and effect the same 36 JOURNAL OF THE HOUSE OF REPRESENTATIVES September 13, 1949 as all other laws as passed by the legislature of the State of Florida. It is requested that such measures requested by this reso- lution shall fully set forth in such language that the people of this state shall be fully conversant with the terms thereof that they shall be the judges of the form of taxes to which they shall be subjected in order to meet the necessary finan- cial burden of the state government. -which was read by title. Mr. Bedenbaugh moved that the rules be waived and House Resolution No. 67-X('49) be read a second time in full. The motion was not agreed to by a two-thirds vote and House Resolution No. 67-X('49) was referred to the Committee on Rules and Calendar. By Mr. Keith of Martin- H. B. No. 68-X('49)-A bill to be entitled An Act author- izing the Board of County Commissioners of Martin County, Florida, to contribute not to exceed five hundred ($500.00) dollars annually for the support and maintenance of one non profit organization in each community in Martin County, Florida, and authorizing a tax levy for such purpose. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 68-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Messrs. Burwell and David of Broward- H. B. No. 69-X('49)-A bill to be entitled An Act to validate and confirm all acts and proceedings relative to the calling, holding, conducting and canvassing the returns of an election held in the area of the present municipality of Lauderdale- by-the-Sea, said election being held on December 17, 1947, and said election being held in compliance with and in con- formance with the terms and provisions and requirements as set forth in that Special Act of the Florida Legislature, being Chapter 24658 of the 1947 Legislature. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 69-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Messrs. Burwell and David of Broward- H. B. No. 70-X('49)-A bill to be entitled An Act ratifying, confirming, validating and legalizing the assessments and valuations of properties and levies of taxes made by the Town of Lauderdale-by-the-Sea, Broward County, Florida, for the year 1948, and authorizing the collection of said taxes in the manner provided by law. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 70-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Mr. Copeland of Collier- H. B. No. 71-X('49)-A bill to be entitled An Act to amend Section 1 of Chapter 25280, Laws of Florida, Acts of 1949, "An Act to amend Section 2 of Chapter 13616, General Laws of 1929, being an Act entitled: 'An Act to regulate the shipment and catching of stone crabs in the State of Florida; to provide a closed season for same and penalties for the violation of this Act' by excluding from the provisions thereof certain waters of the Gulf of Mexico lying between certain latitudes as herein defined and certain land areas of the State of Florida. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Salt Water Fisheries. By Messrs. Morgan and Carlton of Duval- H. B. No. 72-X('49)-A bill to be entitled An Act authorizing the City Commission of the City of Jacksonville to lease advertising space on its parking meters and the stands sup- porting said meters. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 72-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Messrs. Carlton, Morgan and Luckie of Duval- H. B. No. 73-X('49)-A bill to be entitled An Act amending Section 6 of Chapter 18610, Laws of Florida, Special Acts of 1937, as amended by Section 5 of Chapter 19902, Laws of Florida, Special Acts of 1939, and as further amended by Section 2 of Chapter 21320, Laws of Florida, Special Acts of 1941, entitled, "An Act providing for pensions for employees of the City of Jacksonville." Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 73-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Mr. Allen of Levy- H. B. No. 74-X('49)--A bill to be entitled An Act apportion- ing to the Board of County Commissioners and County Board of Public Instruction, funds payable to Levy County subsequent to July 1, 1950, from revenue provided by Chapters 550 and 551, Florida Statutes of 1941, and from any other county apportionable tax or license revenue from games and amuse- ments: and providing the manner and purposes for which said funds are to be disbursed by said boards. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 74-X('49). 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. September 13, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Messrs. Carlton, Luckie and Morgan of Duval- H. B. No. 75-X('49) -A bill to be entitled An Act authorizing the City of Jacksonville to acquire real estate for the extension of recreational facilities; requiring the sum of one hundred thousand dollars ($100,000.00) to be set up in the annual budget each year for four years in a recreational facilities fund for the purpose of acquiring such real estate, and requiring the use of such funds exclusively for such purpose; and authorizing the execution and issuance of certain instruments secured solely by a pledge of the moneys in such fund for the acquisi- tion of such real estate. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 75-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Messrs. Carlton, Luckie and Morgan, of Duval- H. B. No. T6-X('49)-A bill to be entitled An Act amending Section 1 and Section 4 of Chapter 24618, Laws of Florida, Acts of 1947, entitled, "An Act affecting the government of the City of Jacksonville by creating and providing for a recreation department and board for said City, prescribing its power and duties and authorizing the issuance of revenue certificates to finance the cost of providing recreational facili- ties"; so as to remove the limitation placed upon the pay- ment of salaries and to increase the authorization for the issuance of revenue certificates from two hundred thousand dollars to nine hundred fifty thousand dollars. Introduction of the bill was agreed to by a two-thrirds vote of the House. Proof of Publication of notice attached to House Bill No. 76-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. CONSIDERATION OF MEASURES PREVIOUSLY OFFERED FOR INTRODUCTION BUT NOT FORMALLY RECEIVED PENDING DECISION UPON ADMISSIBILITY By Mr. Patton of Franklin- H. R. No. 37-X('49)-A Resolution creating an Interim Committee of the House of Representatives consisting of three members to be appointed by the Speaker, to be known as the House Committee to study and investigate practices and procedures of State agencies; authorizing and directing said Committee to inquire into and investigate all State agencies including officers, boards, bureaus, commissions and institutions, for the purpose of determining, whether such agencies are operating as required by law, whether any such agencies are expending funds or engaging in activities beyond the intent or limitations of law, whether any agencies are engaged in over-lapping activities and whether any such agencies or any of their activities or expenditures could be terminated without being detrimental to the public interest and whether any agencies or their activities could be combined or merged to provide a more economical and efficient opera- tion; authorizing said Committee to inspect any record, docu- ment or other paper of any State agency, to subpoena wit- nesses, and to examine the foregoing by either the Commit- tee or an examiner appointed by the Committee, and to cite for contempt; requiring all State officers and employees to make available to said Committee or its examiner all records, documents or other papers and information that may be 37 requested by said Committee; authorizing said Committee to make use of any appropriation or other funds which may be available to pay costs and expenses of Interim Committees; and directing the said Committee to make a report of its findings and recommendations to the House of Representa- tives at the 1951 Regular Session of the Florida State Leg- islature. A roll call was demanded on the introduction of the reso- lution. When the vote was taken on the introduction of House Resolution No. 37-X('49), the result was: Ayes: Mr. Speaker Allen Bedenbaugh Bollinger Botts Bridges Cobb Collins Copeland Courtney David Dayton Dekle Dowda Elliott Nays: Andrews Beasley Branch Bronson Bryant Burton Burwell Carlton Ayes-58. Nays-32. Frank Haley Heath Hendry Hough Hudson Johnson Keith Lancaster, H. Mathis McAlpin McClure McKendree McMullen Melvin Carraway Clement Cook Douglas Dunn Fuqua Henderson Hethcox Merchant Slaughter Merritt Smith, M. B. Monahan Smith, W. A. Moody Stewart Nesmith Strayhorn Odham Summers Okell Surles Parker Sweeny Patton Thornal Pearce Usina Pooser Williams Rood Wise Saunders, D. H. Yeomans Saunders, S. D. Simpson Lancaster, D. Lantaff Luckie MacWilliam Morgan Papy Phillips Roberts, Roy Scarborough Schuh Sellar Shepperd Stockdale Tapper Whitlock Wotitzky Introduction of the resolution was not agreed to by a two- thirds vote of the House. By Messrs. Stockdale, Lantaff and Okell of Dade- H. B. No. 49-X('49)-A bill to be entitled An Act amending Section 192.06, Florida Statutes, relating to the exemption of certain properties from ad valorem taxes, and excluding properties held and operated for profit from the right to exemption under said section as amended. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Finance and Taxation. The Speaker said he was in doubt as to the admissibility of House Bill no. 57-X('49) within the Governor's Call and, under the rule, put the question to the House. Pending consideration thereof, Mr. Clement moved that the time of adjournment be ex- tended until the House has acted upon the question before the House. The motion was agreed to, and it was so ordered. The question recurred upon the admissibility of House Bill No. 57-X('49) within the Governor's Call. A roll call was demanded. When the vote was taken on the admissibility of House Bill No. 57-X('49) within the Governor's Call, the result was: Ayes: Mr. Speaker Allen Bollinger Botts Branch Bryant Cobb Copeland Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Hough Johnson Keith JOURNAL OF THE HOUSE OF REPRESENTATIVES September 13, 1949 Lancaster, D. Luckie McClure McMullen Merchant Merritt Monahan Moody Nays: Andrews Beasley Bedenbaugh Black Bridges Bronson Burnsed Burton Burwell Carlton Carraway Morgan Nesmith Odham Parker Patton Pooser Rood Saunders, D. H. Clement Collins Cook Courtney David Heath Henderson Hendry Hethcox Hudson Lancaster, H. Saunders, S. D. Scarborough Sellar Simpson Slaughter Smith, M. B. Stewart Strayhorn Lantaff MacWilliam Mathis McAlpin McKendree Melvin Okell Papy Pearce Peeples Phillips Summers Surles Sweeny rhornal Usina Wise Roberts, Roy Schuh Shepperd Smith, W. A. Stockdale Tapper Whitlock Williams Wotitzky Yeomans Ayes-50. Nays-43. So the House determined that House Bill No. 57-X('49) was admissible for introduction within the Governor's Call. EXPLANATIONS OF VOTE ON HOUSE BILL NO. 57-X('49) In voting "aye" the purpose of my vote was to be given an opportunity to reconsider appropriations. By my vote I do not subscribe expressly to express terms of House Bill 57-X('49). Neil C. McMullen Hillsborough County I am voting to include the matter of reducing appropria- tions as being within the call of the Governor, but I feel that the particular bill is bad and I shall vote against it if it is approved by committee. I do not think that a straight five per cent cut is proper as some items may not be such as could afford a five per cent cut, while others should be cut by a larger percentage. Charles A. Luckie Duval County I desire to make an explanation of my vote on House Bill No. 57-X('49). While I do not go along with the idea of cutting five per cent across the board on all appropriations, I do believe that the passage of this bill gives us the opportunity to go into various items of the bill; and in fairness to all, I feel that that should be done. Tim M. Sellar Lake County By Messrs. McClure of Pinellas, Simpson of Jefferson and Strayhorn of Lee- H. B. No. 57-X('49)-A bill to be entitled An Act amending Section 10 of Chapter 25370, Laws of Florida, Acts of 1949, relating to State revenues and appropriations for the bien- nium 1949-1951; and relating to the powers and duties of the State Budget Commission in order to provide revenues to meet certain emergencies should they occur. Pending the reading of the title of House Bill No. 57-X('49) for the first time, Mr. Okell raised the point of order that the time of adjournment had arrived. The Chair held the point was well taken. REPORTS OF STANDING COMMITTEES September 12th, 1949 Mr. Collins of Sarasota, Chairman of the Committee on Constitutional Amendments, reports that the committee has carefully considered the following bill and recommends that it not pass: H. J. R. No. 11-X('49)-A Joint Resolution proposing the amendment of Section 11, Article 9, of the Constitution of the State of Florida, relating to income tax, inheritance tax, and exemption for head of family: and providing for the removal of the income tax prohibition. And House Joint Resolution No. 11-X('49) contained in the above report, was laid on the table under the rule. September 13, 1949 Mr. Nesmith of Wakulla, Chairman of the Committee on Public Roads, reports that the Committee has carefully con- sidered the following bill and recommends it pass: House Bill No. 12-X('49)-A bill to be entitled An Act designating and establishing a certain State Road in Saint Lucie County, Florida. And House Bill No. 12-X('49), contained in the above re- port, was placed on the Calendar of Road Designation Bills for Second Reading. September 13, 1949 Mr. Nesmith of Wakulla, Chairman of the Committee on Public Roads, reports that the Committee has carefully con- sidered the following bill and recommends it pass: Senate Bill No. 23-X('49)-A bill to be entitled An Act to declare, designate and establish a certain State Road in Suwannee County, Florida. And Senate Bill No. 23-X('49), contained in the above re- port, was placed on the Calendar of Road Designation Bills for Second Reading. September 13, 1949 Mr. Nesmith of Wakulla, Chairman of the Committee on Public Roads, reports that the Committee has carefully con- sidered the following bill and recommends that it pass as amended: House Bill No. 59-X('49)-A bill to be entitled An Act designating and establishing a certain road in Pinellas County, Florida, to be a State Road. Which amendment reads as follows: Amendment No. 1- In Section 1, line 12, of the bill, after the words: "northern end of Sand Key" strike out the words: "Same to be 100 feet wide." And House Bill No. 59-X('49), contained in the above re- port, together with Committee amendment thereto, was placed on the Calendar of Road Designation Bills for Second Reading. September 13, 1949. Mr. Simpson of Jefferson, Chairman of the Committee on Finance and Taxation, reports that the Committee has care- fully considered the following bill and recommends that it pass as amended: House Bill No. 24-X('49)-A bill to be entitled An Act to amend Section 201.02, Florida Statutes, 1941, relative to tax on deeds and other instruments relative to lands, etc., by providing that stamps in the proper amount shall be affixed to such instruments and duly cancelled before same shall be admissible to record or be recorded in any public record in this State, or be enforceable in any court of this State; and to amend Section 201.08, Florida Statutes, 1941, relative to tax on promissory notes, written obligations to pay money, assignment of wages, etc.; by providing that where promis- sory notes or bonds are secured by mortgage, deed of trust or written evidence of a specific lien in the nature of a mort- gage the tax shall be on such instrument and each renewal thereof, and not on the notes or bonds, and on each $100.00 of the indebtedness or obligation evidenced thereby the tax shall be ten cents; and by virtue of the benefit and protection accorded to the owners of such notes and bonds through the laws of Florida, stamps in the proper amount shall be af- fixed to such instruments and duly cancelled before same shall be admissible to record or be recorded in any public record of this State, or be enforceable in any court of this State. September 13, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES Which amendment reads as follows: Amendment No. 1- In the Title of the bill, line 17, strike out the words "AND EACH RENEWAL THEREOF," And House Bill No. 24-X('49), contained in the above re- port, together with Committee amendment thereto, was placed on the Calendar of Bills for Second Reading. September 13th, 1949 Mr. Luckie of Duval, Chairman of the Committee on Ju- diciary (Civil), reports that the Committee has carefully considered the following bill and recommends that it pass as amended: House Bill No. 55-X('49)-A bill to be entitled An Act to amend Chapter 21968, Section 11, Florida Statutes 1943, regu- lating the activities and affairs of labor unions by making provisions for suits and process by and against the same. Which amendment reads as follows: By Committee on Judiciary Civil- Amendment No. 1- At the end of the second paragraph of the bill add the following: "Provided, however, that nothing contained herein shall give any right to any labor union to maintain suit against any of its members." And House Bill No. 55-X('49), contained in the above re- port, together with Committee amendment thereto, was placed on the Calendar of Bills for Second Reading. ENGROSSING REPORTS House of Representatives Tallahassee, Florida, September 13, 1949 The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: Your Engrossing Clerk, to whom was referred, with amend- ments, House Bill No. 29-X('49) House Bill No. 50-X('49) -begs leave to report same has been carefully examined and found to be correctly engrossed. Very respectfully, LAMAR BLEDSOE, Engrossing Clerk ex-officio as Chief Clerk of the House of Representatives. And House Bills Nos. 29-X and 50-X contained in the above report, was ordered to be certified to the Senate. ENROLLING REPORTS House of Representatives Tallahassee, Florida, September 12, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: Your Enrolling Clerk, to whom was referred- House Bill No. 47-X('49) -begs leave to report same has been signed in open session by the Speaker and the Chief Clerk of the House of Repre- sentatives and by the President and Secretary of the Senate, and this day presented to the Governor for his approval. Very respectfully, LAMAR BLEDSOE, Enrolling Clerk ex officio as Chief Clerk of the House of Representatives. The following registrations with the Chief Clerk were made under Rule 14. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Dallas L. Hostetler, my occupation is Secretary, and that I am employed by and appear in the interest of Florida State Retailers Association, whose address is 1104 East Amelia Ave., Orlando, Fla., and for the following period Duration of Extra Session. DALLAS L. HOSTETLER State of Florida, County of Leon. Sworn to and subscribed before me this 13th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is E. H. Ramsey, my occupa- tion is Florida Tax Revision League (Secretary) and that I am employed by and appear in the interest of Same, whose address is Jacksonville, Florida, and for the following period Permanent. E. H. RAMSEY State of Florida, County of Leon. Sworn to and subscribed before me this 13th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Harry L. Stiegel, my occupa- tion is Locomotive Engineer, and that I appear in the interest of Locomotive Engineers of the State, whose address is 2572 Dellwood, Jacksonville, Florida, and for the following period Duration of Extra Session. HARRY L. STIEGEL State of Florida, County of Leon. Sworn to and subscribed before me this 13th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Frank D. Howard, my occu- pation is Representing Brotherhood of Locomotive Firemen & Enginemen, and that I am employed by and appear in the interest of Same, whose address is 1001 West Main Street, Leesburg, Florida and for the following period Duration of Special Session. FRANK D. HOWARD State of Florida, County of Leon. Sworn to and subscribed before me this 13th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. JOURNAL OF THE HOUSE OF REPRESENTATIVES September 13, 1949 I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is T. H. Hutchinson, my occu- pation is Chairman of Florida Legislative Board, Brotherhood of Railroad Trainmen, and that I am employed by and appear in the interest of Same, whose address is Cleveland, Ohio, and for the following period Duration of Special Session. T. H. HUTCHINSON State of Florida, County of Leon. Sworn to and subscribed before me this 13th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large 4 My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is W. E. Varn, my occupation is State Representative in behalf of Brotherhood of Railway Trainmen and that I-am employed by and appear in the in- terest of Brotherhood of Railway Trainmen, whose address is General Office, Cleveland, Ohio, and for the following period Duration of 1949. W. E. VARN State of Florida, County of Leon. Sworn to and subscribed before me this 13th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is W. S. Merritt, my occupa- tion is Permanent Employee of the United States' Brewers Foundation, and that I am employed by and appear in the interest of Same, whose address is 21 East 40th Street, New York City, N. Y., and for the following period Duration of Special Session. W S.. MERRITT State of Florida, County of Leon. Sworn to and subscribed before me this 12th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is William C. Kaleel, my occu- pation is Attorney at Law, and that I am employed by and appear in the interest of Pinellas County Business Men's Assn. whose address is 810 First Federal Bldg., St. Petersburg, Fla., and for the following period Duration of Extra Session. W. C. KALEEL State of Florida, County of Leon. Sworn to and subscribed before me this 13th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is E. Paul Gregory, my occu- pation is Lawyer, and that I am employed by and appear in the interest of Gulf Power Company, whose address is Pensa- cola, Florida, and for the following period Duration. E. PAUL GREGOORY State of Florida, County of Leon. Sworn to and subscribed before me this 13th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Benmont Tench, Jr., my occupation is Attorney at Law and that I am employed by and appear in the interest of Florida Assn. of Architects, whose address is Miami, Fla., and for the following period Duration of Extra Session. BENMONT TENCH, JR. State of Florida, County of Leon. Sworn to and subscribed before me this 13th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28. 1949. At the hour of 1:18 P.M., the House stood adjourned until 10:00 o'clock tomorrow morning. EXTRAORDINARY SESSION JOURNAL OF THE HOUSE OF REPRESENTATIVES Wednesday, September 14, 1949 The house was called to order by the Speaker at 10:00 A. M. The roll was taken and the following Members were recorded present: Mr. Speaker Dayton Allen Dekle Andrews Douglas Beasley Dowda Bedenbaugh Dunn Black Elliott Bollinger Frank Botts Fuqua Branch Haley Bridges Heath Bronson Henderson Bryant Hendry Burnsed Hethcox Burton Hough Burwell Hudson Carlton Johnson Carraway Keith Clement Lancaster, D. Cobb Lancaster, H. Collins Lantaff Cook Luckie Copeland MacWilliam Courtney Mathis David McAlpin A quorum present. The following prayer was Hunter, Chaplain: McClure McKendree McMullen Melvin Merchant Merritt Monahan Moody Morgan Nesmith Odham Okell Papy Parker Patton Pearce Peeples Phillips Pooser Roberts, Roy Rood Saunders, D. H. Saunders, S. D. Scarborough Schuh Sellar Shepperd Simpson Slaughter Smith, L. W. Smith, M. B. Smith, W. A. Stewart Stockdale Strayhorn Summers Surles Sweeny Tapper Thornal Usina Whitlock Williams Wotitzky Yeomans offered by the Reverend J. L. Almighty God, our Heavenly Father, we hallow Thy great name. We know that we are spared to live this day because Thou has seen it wise for us to be here. May it concern us as to the purpose for which Thou hast let us remain in the flesh. Surely the great privileges that are ours carry with them great responsibilities. We know that we are accountable to God for the way in which we spend our days and meet our obligations. Grant us to walk humbly, do justly, and love mercy, and to fear God which is the whole duty of man. For Christ's sake- Amen. Mr. Roberts of Bradford asked to be recorded present. CORRECTIONS OF THE JOURNAL The Journal for Monday, September 12, was ordered cor- rected as follows: On Page 18, Column 1, Line 23 counting from bottom of the page, after words "So the bill passed," insert "by a two- thirds vote." The Journal for Monday, September 12, as corrected, was approved. The Journal for Tuesday, September 13, was ordered cor- rected as follows: On Page 31, Column 2, Line 18 counting from bottom of the page, after the word "two-thirds" insert "vote." On Page 33, Column 2, Line 30 counting from top of the page, omit "Usina". On Page 34, Column 1, Line 10 counting from top of the page, underneath the name "Dekle" add "Douglas". On Page 34, Column 1, Line 22 counting from bottom of page, above the name "Dowda" add "Douglas". On Page 34, Column 2, Line 27 counting from top of the page omit the name "Allen". On Page 34, Column 2, Line 24 counting from bottom of the page, above "Bollinger" add "Allen". On Page 35, Column 1, Line 36 counting from top of the page, strike out "properly" and insert "property". On Page 36, Column 1, Line 12 counting from top of the page, after "was" insert "not". The Journal for Tuesday, September 13, as corrected, was approved. Mr. Simpson moved that House Bill No. 39-X('49) be withdrawn from the Committee on Finance and Taxation. A roll call was demanded. When the vote was taken on the motion that House Bill No. 39-X('49) be withdrawn from the Committee on Finance and Taxation, the result was: Ayes: Allen Bollinger Botts Branch Bryant Burton Cobb Cook Copeland Dayton Douglas Dowda Dunn Nays: Andrews Beasley Bedenbaugh Black Bridges Bronson Burnsed Burwell Carraway Clement Ayes-51. Elliott Frank Haley Heath Hough Hudson Keith Lancaster, H. Luckie Mathis McClure McKendree McMullen Collins Courtney David Dekle Henderson Hendry Hethcox Johnson Lancaster, D. Lantaff Merchant Monahan Moody Morgan Nesmith Odham Parker Patton Pearce Pooser Rood Scarborough Sellar MacWilliam McAlpin Melvin Merritt Okell Papy Peeples Roberts, J. P. Roberts, Roy Saunders, D. H. Simpson Slaughter Smith, M. B. Stewart Strayhorn Summers Surles Sweeny Thornal Usina Whitlock Yeomans Saunders, S. D. Schuh Shepperd Smith, L. W. Stockdale Tapper Williams Wotitzky Nays-38. The motion was agreed to, and House Bill No. 39-X('49) was ordered withdrawn from the Committee on Finance and Taxation. Mr. Simpson asked permission to withdraw House Bill No. 39-X('49) from consideration of the House. Pending consideration thereof, 41 JOURNAL OF THE HOUSE OF REPRESENTATIVES Mr. Clement moved that House Bill No. 39-X('49) be re- committed to the Committee on Finance and Taxation and that the Committee be granted an additional three days to consider the bill. A roll call was demanded. When the vote was taken, the result was: Ayes: Andrews Beasley Bedenbaugh Black Bridges Bronson Bryant Burnsed Burwell Carlton Carraway Clement Collins Cook Nays: Allen Bollinger Botts Branch Burton Cobb Copeland Dayton Dekle Mr. Frank Ayes-55. Courtney David Fuqua Haley Henderson Hendry Hethcox Keith Lancaster, D. Lantaff MacWilliam Mathis McAlpin McKendree Douglas Dowda Dunn Elliott Heath Johnson Lancaster, H. Luckie McClure Melvin Merritt Okell Papy Patton Pearce Peeples Phillips Roberts, J. P. Roberts, Roy Saunders, a. H Saunders, S. D. Scarborough Schuh McMullen Merchant Monahan Moody Morgan Nesmith Odham Parker Pooser Sellar Shepperd Simpson Slaughter Smith, L. W. Smith, M. B. Stockdale Surles Tapper Williams . Wotitzky Yeomans Rood Stewart Summers Sweeny Thornal Usina asked to be recorded as voting "aye". Nays-33. The motion was agreed to, and House Bill No. 39-X('49) was ordered recommitted to the Committee on Finance and Tax- ation and the committee was granted an additional three days for consideration. RECONSIDERATION Mr. Saunder of Clay moved that the House do now recon- sider the vote by which it determined on yesterday that House Bill No. 57-X('49) came within the purview of the Governor's Call. A roll call was ordered. When the vote was taken, the result was: Courtney David Douglas Heath Henderson Hendry Hethcox Lancaster, D. Lancaster, H. Lantaff MacWilliam Mathis McAlpin McKendree Dunn Elliott Frank Fuqua Haley Hough Hudson Johnson Keith Luckie McClure Melvin Merritt Okell Papy Patton Pearce Peeples Phillips Roberts, J. P. Roberts, Roy Saunders, D. H Saunders, S. D. Scarborough Schuh McMullen Merchant Monahan Moody Morgan Nesmith Odham Parker Pooser Rood Sellar Shepperd Simpson Smith, L. W. Smith, M. B. Smith, W. A. Stockdale Tapper Whitlock Williams Notftzky .Yeomans Slaughter Stewart Strayhorn Summers Surles Sweeny rhornal Usina Sept. 14, 1949 The motion was agreed to, and the vote by which the House determined that House Bill No. 57-X('49) came within the purview of the Governor's Call, was reconsidered., RECONSIDERATION Mr. Bryant moved that the House do now reconsider the vote by which it refused on yesterday to consent to the in- troduction of House Resolution No. 37-X('49). The motion was agreed to, and the House reconsidered the vote by which it refused to consent to the introduction of House Resolution No. 37-X('49). The question recurred on the introduction of House Reso- lution No. 37-X('49). Introduction of House Resolution No. 37-X('49) was agreed to by a two-thirds vote of the House. By Mr. Patton of Franklin- H. R. No. 37-X('49)-A Resolution creating on Interim Committee of the House of Representatives r(-,nisting of three members to be appointed by the Speaker, to be known as the House Committee to study and investig:nle practices and procedures of State agencies; authorizing anud i1irectine said Committee to. inquire into and investri.tie .Ill State agencies including officers, boards, bureaus, commni<-ions and institutions, for the purpose of determining, whether such agencies are operating as required by law, whether any such agencies are expending funds or engaging in activities beyond the intent or limitations of law, whether any agencies pre engaged in over-lapping activities and whether any such agencies or any of their activities or expenditures could be terminated without being detrimental to the public interest and whether any agencies or their activities could be combined or merged to provide a more economical and efficient opera- tion; authorizing said Committee to inspect any record, docu- ment or other paper of any State agency, to subpoena wit- nesses, and to examine the foregoing by either the Commit- tee or an examiner appointed by the Committee, and to cite for contempt; requiring all State officers and employees to make available to said Committee or its examiner all records, documents or other papers and information that may be requested by said Committee; authorizing said Committee to make use of any appropriation or other funds which may be available to pay costs and expenses of Interim Committees; and directing the said Committee to make a report of its findings and recommendations to the House of Representa- tives at the 1951 Regular Session of the Florida State Leg- islature. The resolution was read the first time by title and refer- red to the Committee on Rules and Calendar. COMMUNICATIONS STATE OF FLORIDA EXECUTIVE DEPARTMENT TALLAHASSEE September 12, 1949 The Honorable Perry E. Murray Speaker of the House of Representatives State Capitol Sir: I have the honor to inform you that I have today ap- proved the following Act, which originated in your Honorable Body, Extraordinary Session of the Legislature of 1949, and have caused the same to be filed in the office of the Secre- tary of State: H. B. NO. 47-X('49), RELATING TO HIALEAH. Sincerely yours, FULLER WARREN Governor INTRODUCTION OF HOUSE BILLS, JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CONCURRENT RESOLUTIONS AND MEMORIALS By Mr. Nesmith of Wakulla- H. B. No. 77-X('49)-A bill to be entitled An Act amend- ing Section 1 of Chapter 25339, Laws of Florida, Acts of 1949, 42 Ayes: Andrews Beasley Bedenbaugh Black Bridges Bronson Burnsed Burton Burwell Carlton Carraway Clement Collins Cook Nays: Mr. Speaker Allen Bollinger Botts Branch Bryant Cobb Copeland Dayton Dekle Dowda Ayes-53. Nays-41. JOURNAL OF THE HOUSE OF REPRESENTATIVES the same being entitled: "An Act providing for the disposi- tion of all funds that are now or may hereafter be due Wakulla County, Florida, from race track funds under the provisions of Chapter 14832, Laws of Florida, Acts of 1931, and any Acts amendatory thereof or supplemental thereto, or any other race track Acts." Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 77-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By The Committee on Judiciary (Civil)-- H. B. No. 78-X('49)-A bill to be entitled An Act relating to certiorari and repealing Chapter 25116, Laws of Florida, 1949. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and ordered placed on the Calendar without reference. By Mr. Bryant of Marion- H. B. No. 79-X('49)-A bill to be entitled An Act to amend Sections 199.02 and 199.11, 1947 Supplement, Florida Statutes 1941, by adding a subsection to Section 199.02, to be designated as (4) Class D, providing a new and additional classification of intangible property as being all mortgages, deeds of trust or other such instruments whereby liens are created upon real property in Florida, whereof a Class C intangible tax has not been theretofore fully paid, irrespective of the domicile or residence of the owners of the obligations secured by such instruments of lien, and changing present (4) Class D, to (5) Class E, and renumbering present (5) and (6) to (6) and (7) respectively; and by adding a subsection to section 199.11 to be designated as (4) providing for a single two mill levy on such new and additional classification, and providing that by vir- tue of the benefit and protection accorded to the owners of, or persons having or claiming interest in, such instruments of lien, through the laws of Florida, such instruments of lien shall not be entitled to record, or enforceable in any of the courts of this State without payment of such tax, and chang- ing present (4) to (5) and omitting present (5) relative to adoption of constitutional amendment, and present (6) relative to effective date, as having served their purpose, and changing the tax on Class C from three mills to two mills, to conform to the Constitution and amending Section 199.07, Florida Statutes, 1941, to require reports from corporations and lim- ited partnerships of stock holders and partners. The bill was read the first time by title and referred to the Committee on Finance and Taxation. By Mr. Botts of Escambia- H. B. No. 80-X('49)-A bill to be entitled An Act amending' Section 550.16, Florida Statutes 1941, as amended by Chap- ter 21,744, Laws of Florida Acts of 1943 and Chapter 22,589, Laws of Florida Acts of 1945, and Chapter 25,257, Laws of Florida Acts of 1949, relating to pari-mutuel pools authorized within enclosure at dog race tracks and providing that dog race tracks having an average daily pari-mutuel pool of less than $23,000.00 for the preceding racing season, shall be per- mitted to operate pari-mutuel wagering upon the payment of a daily license fee of $500.00 and providing for the distribu- tion of the proceeds from said license tax; repealing all laws or parts of laws in conflict herewith and fixing the effective date of this Act. The bill was read the first time by title and referred to the Committee on Finance and Taxation. 43 By Mr. Sweeny of Volusia - H. B. No. 81-X('49)-A bill to be entitled An Act author- izing the City Commission of the City of DeLand, Florida, to establish and create by ordinance, a pension annuity and retirement system for any or all groups of officers and em- ployees employed by said city; to provide benefits under in- surance contracts issued by a carrier authorized to do business in Florida; to provide for contribution to the costs thereof on an actuarial basis; to provide for the manner in which officers and employees may come under the operation of said system; to provide for repayment to members leaving the service of the city; to provide for contributions into said sys- tem by the City of DeLand in an amount necessary to create an adequate pension plan. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 81-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. CONSIDERATION OF MEASURES PREVIOUSLY OFFERED FOR INTRODUCTION BUT NOT FORMALLY RECEIVED PENDING DECISION UPON ADMISSIBILITY The question recurred on the admissibility of House Bill No. 57-X('49) within the purview of the Governor's Call. A roll call was demanded. When the vote was taken on the admissibility of House Bill No. 57-X('49) within the purview of the Governor's Call, the result was: Ayes: Mr. Speaker Allen Bollinger Botts Branch Bryant Cobb Copeland Dayton Nays: Andrews Beasley Bedenbaugh Black Bridges Bronson Burnsed Burton Burwell Carlton Carraway Clement Dekle Dowda Dunn Elliott Frank Haley Hough Keith Luckie Collins Cook Courtney David Douglas Henderson Hendry Hethcox Lancaster, D. Lancaster, H. Lantaff MacWilliam McClure McMullen Merchant Monahan Moody Morgan Nesmith Odham Pooser Mathis McAlpin McKendree Melvin Merritt Okell Papy Pearce Peeples Roberts, J. P. Roberts, Roy Saunders. D. H Rood Slaughter Stewart Strayhorn Summers Surles Sweeny Thornal Usina Saunders, S. D. Scarborough Schuh Shepperd Simpson Smith, L. W. Stockdale Whitlock Williams Wotitzky Yeomans Mr. Smith of Seminole requested that he be recorded as voting "nay". Ayes-36. Nays-48. So the House determined that the bill does not come within the purview of the Governor's Call. Mr. Wise asked to be recorded present. Mr. McClure requested the consent of the House for the introduction of House Bill No. 57-X('49). A roll call was ordered. When the vote was taken on the request that the House Sept. 14, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES Sept. 14, 1949 consent to the result was: Ayes: Mr. Speaker Allen Bollinger Botts Branch Bridges Bryant Burnsed Copeland Dekle Dowda Nays: Andrews Beasley Bedenbaugh Black Bronson Burton Burwell Carlton Carraway Clement Collins Cook Courtney introduction of House Bill No. 57-X('49), the Dunn Elliott Frank Haley Hough Hudson Johnson Keith McClure McMullen Merchant David Douglas Fuqua Heath Hendry Hethcox Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin Merritt Monahan Moody Morgan Nesmith Odham Parker Pooser Rood Sellar Simpson Smith, M. B. Stewart Strayhorn Summers Surles Sweeny Thornal Usina McKendree Schuh Melvin Shepperd Okell Smith, L. W. Papy Smith, W. A. Patton Stockdale Pearce Tapper Peeples Whitlock Phillips Williams Roberts, J. P. Wise Roberts, Roy Wotitzky Saunders, D. H. Yeomans Saunders, S. D. Scarborough Ayes-41. Nays-50. So the request for consent to the introduction of House Bill No. 57-X('49) was not agreed to by a two-thirds vote of the House. EXPLANATION OF VOTE To add to my explanation of yesterday as to my vote on House Bill No. 57, I would like to say that in voting to get this bill before the House I have no intention of sticking with the bill to the extent of a five per cent cut in schools and many other of our departments; but I do honestly feel that our legislature should reconsider certain items in the 1949 appropriations act and this means is our only possible chance to do that. The appropriation may end up larger than it is now since there are some departments actually needing more money. TIM M. SELLAR Representative, Lake County CONTINUATION OF INTRODUCTION OF HOUSE BILLS, JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON- CURRENT RESOLUTIONS AND MEMORIALS By Mr. Yeomans of Citrus- H. B. No. 82-X('49)-A bill to be entitled An Act fixing the compensation of members of the Board of Public Instruc- tion of Citrus County, State of Florida, and providing the time of payment of such compensation. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 82-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Messrs. Black and Whitlock of Alachua- H. B. No. 83-X('49)-A bill to be entitled An Act desig- nating and establishing a certain state road. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Public Roads. By Mr. Pooser of Jackson- House Concurrent Resolution No. 84-X('49)-- A RESOLUTION TO PROHIBIT LOBBYING BY ANY PERSON WHO IS AN EMPLOYEE OF THE STATE OF FLORIDA, EITHER TEMPORARILY OR PERMANENTLY EMPLOYED BY ANY DEPARTMENT OF THE STATE GOVERNMENT, INCLUDING ATTACHES OF THE STATE LEGISLATURE, AND PROVIDING FOR FORFEITURE OF EMPLOYMENT AND ALL SALARY DUE ANY SUCH PERSON UPON CONVICTION BY THE LEGISLATURE. BE IT RESOLVED BY THE HOUSE OF REPRESENT- ATIVES, THE SENATE CONCURRING, that any person in the employ of the State of Florida, including regular and temporary employees of the legislature, and all branches of the state government, who shall attempt to influence any member of the state legislature in any matter before the legislature, or that might be subject to action by the state legislature, or who shall engage in any form of lobbying relative to any business before the said legislature, or any committee thereof, shall forfeit any and all emoluments due him by the State of Florida for salary or compensation for services, and shall therewith be dismissed and discharged upon conviction of such offense by either branch of the state legislature. The legislative committees on lobbying of the House of Representatives or of the Senate shall hear the evidence and render its decision hereunder against any employee of the State or legislature accused of lobbying, and upon conviction by majority vote, the Speaker of the House of Representatives, or the President of the Senate, which of such bodies having been offended, shall notify the comptroller of the State of Florida, who shall withhold and deny to any such offender 1ll sums due him by the State of Florida, and shall order the immediate dismissal and discharge of such person, be he an employee of the state legislature, otherwise notify the head of the state department employing such person requiring his immediate severance from the employ of the State. Any person discharged from his employment as provided in this resolution, shall be barred from any future employ- ment by the legislature or any department of the government of the State of Florida for a period of one year. Introduction of the concurrent resolution was agreed to by a two-thirds vote of the House. The concurrent resolution was read the first time by title, and referred to the Committee on Rules and Calendar. By Messrs. Okell, Lantaff and Stockdale of Dade- H. J. R. No. 85-X('49)-Proposing to amend Article V of the Constitution of the State of Florida relating to the judicial department of the Government of the State of Florida. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF FLORIDA: The following amendment to Article V of the Constitution of the State of Florida is hereby agreed to and shall be sub- mitted to the electors of this State for ratification or rejec- tion at the next general election to be held in the year 1950, A. D., that is to say: A new section shall be added to said Article V to be designated Section 16A, reading and providing as follows: Section 16A. When and as the business of the office of the County Judge requires, in any county having a popula- tion of more than one hundred and fifty thousand according to the last census taken by the United States government, the Legislature may provide for one additional County Judge who shall be elected by the qualified electors of such county at the time and places of voting for other county officers and such additional County Judge shall hold his office for four years, and his compensation shall be provided for by law, and he shall have and exercise all the powers and perform all the duties that are or may be provided or prescribed by the Constitution or statutes for County Judges, and all laws relat- 44 Sept. 14, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES ing to the County Judge shall apply to said additional County Judge. Introduction of the joint resolution was agreed to by a two- thirds vote of the House. The joint resolution was read the first time in full and referred to the Committee on Constitutional Amendments. By Messrs. McKendree of Nassau, Saunders of Clay, Carlton, Luckie and Morgan of Duval- H. B. No. 86-X('49)-A bill to be entitled An Act fixing the time for convening and holding the spring and fall terms of Circuit Court in each of the counties of Clay, Nassau and Duval, constituting the Fourth Judicial Circuit of Florida, and repealing Section 26.25 Florida Statutes 1941 and all laws in conflict therewith. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Local Government. By Mr. Heath of Holmes- H. B. No. 87-X('49)-A bill to be entitled An Act relating to the compensation of the Clerks of the Circuit Courts for services performed in suits or proceedings before the Circuit Courts in all of the counties in the State of Florida, having a population of more than 14,000 and less than 15,000 accord- ing to the 1945 census of the State of Florida. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Local Government. REPORTS OF STANDING COMMITTEES Mr. McMullen, Chairman of the Committee on Local Gov- ernment, moved that the rules regarding the report of com- mittees be waived and that House Bills Nos. 51-X('49) and 61-X('49) and Senate Bill No. 27-X(49) be placed on the Calendar as favorably reported. The motion was agreed to by a two-thirds vote, and it was so ordered. Mr. Tapper moved that House Bills Nos. 39-X('49) and 40-X)'49) be withdrawn from the Committee on Finance and Taxation and placed on the Calendar and be made a Special and Continuing Order of Business for 11:00 o'clock September 15. Pending consideration thereof- Mr. Bryant moved that the House do now adjourn. A roll call was ordered. When the vote was taken, the result was: Douglas Dowda Dunn Elliott Frank Fuqua Haley Lancaster, D. Lancaster, H. Clement Collins Cook Courtney David Heath Henderson Hendry Hethcox Hough Hudson Luckie McAlpin McClure McKendree Merchant Merritt Monahan Moody Morgan Johnson Keith Lantaff MacWilliam Mathis McMullen Melvin Okell Papy Parker Pearce Nesmith Odham Patton Pooser Roberts, J. P. Stewart Surles Sweeny Wise Peeples Phillips Roberts, Roy Rood Saunders, D. H. Schuh Sellar Shepperd Simpson Smith, L. W. Stockdale Strayhorn Thornal Whitlock Wotitzky Tapper Usina Williams Yeomans Ayes-36. Nays-52. The motion to now adjourn was not agreed to. The question recurred on the motion by Mr. Tapper that House Bills Nos. 39-X('49) and 40-X('49) be withdrawn from the Committee on Finance and Taxation and placed on the Calendar and be made a Special and Continuing Order of Busi- ness for 11:00 o'clock September 15. Mr. Collins called for a division of the question. Mr. Tapper moved that House Bill No. 39-X('49) be with- drawn from the Committee on Finance and Taxation and placed on the Calendar. The motion was agreed to, and it was so ordered. Mr. Tapper moved that House Bill No. 39-X('49) be set as a Special and Continuing Order for Thursday, September 15, at 11:00 A. M. A roll call was demanded. When the v Ayes: Andrews Beasley Bridges Bronson Burnsed Burton Burwell Carlton Carraway Clement Collins Cook Courtney David Nays: Allen Black Bollinger Botts Branch Bryant Cobb Copeland Dayton Dekle Ayes-54. Nays-37. ote was taken, the result was: Douglas Fuqua Heath Henderson Hendry Hethcox Hough Hudson Lancaster, D. Lantaff MacWilliam Mathis McAlpin McMullen Dowda Dunn Elliott Frank Haley Johnson Keith Lancaster, H. Luckie McClure Melvin Simpson Okell Smith, L. W. Papy Smith, M. B. Patton Stockdale Pearce Strayhorn Peeples Tapper Phillips Thornal Roberts, J. P. Usina Roberts, Roy Whitlock Saunders, D. H. Williams Saunders, S. D. Wotftzky Schuh Yeomans Seller Shepherd IcKendree Merchant Merritt Monahan Moody Morgan Nesmith Odham Parker Pooser The motion was not agreed to. Mr. Tapper moved that House Bill No. drawn from the Committee on Finance placed on the Calendar. A roll call was demanded. When the vote was taken, the result w Ayes: Andrews David McMullen Beasley Dowda Melvin Branch Fuqua Okell Bridges Heath Papy Bronson Henderson Patton Burnsed Hendry Pearce Burton Hethcox Peeples Burwell Hough Phillips Carlton Hudson Roberts, J. Carraway Keith Roberts, Ro Clement Lantaff Saunders, Collins MacWilliam Saunders, k Cook Mathis Schuh Courtney McAlpin Sellar Rood 3carborough Stewart Summers Surles Sweeny Wise 40-X('49) be witn- and Taxation and 'as: Shepperd Simpson Smith, L. W. Smith, M. B. Stockdale Strayhorn Tapper Thornal P. Usina ly Whitlock D. H.Williams . D. Wise Wotitzky 45 Ayes: Allen Bedenbaugh Bollinger Botts Bryant Cobb Copeland Dayton Dekle Nays: Andrews Beasley Black Branch Bridges Bronson Burnsed Burton Burwell Carlton Carraway Nays: Bedenbaugh Black Bollinger Botts Bryant Cobb Copeland Dayton Dekle Douglas Dunn Elliott Frank Haley Johnson Lancaster, D. Lancaster, H. Luckie McClure McKendree Merchant Merritt Monahan Moody Morgan Nesmith Odham Parker Pooser Rood Scarborough Stewart Summers Surles Sweeny Yeomans Ayes-55. Nays-36. The motion was agreed to, and it was so ordered. Mr. Tapper withdrew his motion that House Bill No. 40-X('49) be set as a Special and Continuing order for Thurs- day, September 15, at 11:00 A. M. Mr. Simpson moved that the rules be waived and the House now revert to the order of business of Introduction of House bills, joint resolutions, House resolutions, concurrent resolu- tions and memorials. The motion was agreed to by a two-thirds vote, and it was so ordered. INTRODUCTION OF HOUSE BILLS, JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CONCURRENT RESOLU- TIONS AND MEMORIALS By Messrs. Simpson of Jefferson, Beasley of Walton, Stock- dale and Lantaff of Dade, Fuqua of Manatee, Schuh and Clem- ent of Pinellas, Strayhorn of Lee, Burwell and David of Brow- ard, Williams of Hardee, Papy of Monroe. MacWilliam of In- dian River, Hethcox of Lake, Bridges of Calhoun, Andrews of Orange, Hendry of Okeechobee, Bronson of Osceola, Hud- son of Washington, Heath of Holmes, Burnsed of Baker, Saunders of St. Lucie, Saunders of Clay, Wotitzky of Charlotte, Tapper of Gulf and McAlpin of Hamilton. H. B. No. 88-X('49)-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 reports of sales of such commodities to the Comptroller of the State of Florida; providing that the gasoline inspection laws of the State of Florida shall apply to this Act; prohibiting the levy and collection by municipalities and other political sub- divisions of gasoline taxes; providing for the purposes of such tax and appropriating the same for the construction and maintenance of public highways and rights of way therefore designated State roads in the several counties, acquiring rights of way for such roads or payment of bonded indebtedness incurred from road and bridge purposes; prescribing the duties of the several boards of county commissioners or other county board having similar powers over roads and bridges and the State Road Department; and allocating said taxes for public highway use in the several counties; providing for the enforce- ment of this Act and penalties for violation thereof. Repealing all laws in conflict with this Act and particularly Chapter 25266, Laws of Florida, Acts of 1949, and providing for im- pounding of the proceeds of the tax imposed in this Act in the event of invalidity of the certain sections of this Act; providing that this Act shall become effective October 1, 1949. The above bill was offered for introduction and decision on its admissibility was deferred until the next legislative day. By Messrs. Simpson of Jefferson, Beasley of Walton, Stock- dale and Lantaff of Dade, Fuqua of Manatee, Schuh and Clement of Pinellas, Strayhorn of Lee, Burwell and David of Broward, Williams of Hendry, Papy of Monroe, MacWilliam of Indian River, Hethcox of Lake, Bridges of Calhoun, An- drews of Orange, Hendry of Okeechobee, Bronson of Osceola, Hudson of Washington, Heath of Holmes, Burnsed of Baker, Saunders of St. Lucie, Saunders of Clay, Wotitzky of Charlotte, Tapper of Gulf and McAlpin of Hamilton. H. B. No. 89-X('49)-A bill to be entitled An Act designating and declaring all public roads and bridges now in existence, or which will be hereafter constructed or built, by the several counties of the State of Florida to be general public projects and undertakings and as State roads for the purpose of re- Sept. 14, 1949 ceiving and participating in the benefits of the Act passed at this session of the Legislature, imposing an additional tax on gasoline or other like products of petroleum and designated "Secondary Roads Assistance Act of 1949." The above bill was offered for introduction and decision on its admissibility was deferred until the next legislative day. Mr. Beasley moved that the House do now reconsider the votes by which House Bills No. 39-X('49) and 40-X('49) were withdrawn from the Committee on Finance and Taxation and placed on the Calendar. Pending consideration thereof- Mr. Dowda called for division of question. Mr. Beasley moved that the House do now reconsider the vote by which House Bill No. 39-X('49) was withdrawn from the Committee on Finance and Taxation and placed on the Calendar. Mr. Wotitzky moved that the motion by Mr. Beasley be laid on the table. The motion was agreed to, and motion to reconsider the vote by which House Bill No. 39-X('49) was withdrawn from the Committee on Finance and Taxation and placed on the Cal- endar was laid on the table. Mr. Beasley moved that the House do now reconsider the vote by which House Bill No. 40-X('49) was withdrawn from the Committee on Finance and Taxation and placed on the Calendar. Mr. Wotitzky moved that motion by Mr. Beasley be laid on the table. The motion was agreed to, and the motion to reconsider the vote by which House Bill No. 40-X('49) was withdrawn from the Committee on Finance and Taxation and placed on the Calendar was laid on the table. COMMITTEE REPORTS September 13th, 1949. Mr. Collins of Sarasota, Chairman of the Committee on Constitutional Amendments, reports that the Committee has carefully considered the following bill and recommends it pass: House Joint Resolution No. 21-X('49)-A Joint Resolution proposing the amendment of Section 11, Article 9, of the Con- stitution of the State of Florida, relating to income tax, in- heritance tax, and exemption for head of family; and pro- viding for the removal of the income tax prohibition as to persons having an income of over three thousand six hundred dollars per annum. And House Joint Resolution No. 21-X('49), contained in the above report, was placed on the Calendar of Bills for Second Reading. September 14, 1949 Mr. Simpson of Jefferson, Chairman of the Committee on Finance and Taxation, reports that the Committee has care- fully considered the following bill and recommends that Committee Substitute for House Bill No. 36-X('49) pass. H. B. No. 36-X('49)-A bill to be entitled an Act relating to schools; providing for collection of tuition fees by the several county boards of Public Instruction from non-residents of Florida entering children in the public schools of Florida; providing the manner of computing such fees; authorizing rules and regulations for the administration of this Act; and appro- priating monies collected. The committee recommends the following Committee Sub- stitute for House Bill No. 36-X('49): By the Committee on Finance and Taxation- Com. Sub. for H. B. 36-X('49)-A bill to be entitled An Act relating to schools; providing for collection of tuition fees by the several county boards of Public Instruction from non- residents of Florida entering children in the public schools of Florida; providing the manner of computing such fees; author- izing rules and regulations for the administration of this Act; and appropriating monies collected. JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE And House Bill No. 36-X('49), contained in the above report, together with committee substitute therefore, was placed on the Calendar of Bills for Second Reading. September 14, 1949 Mr. Clement of Pinellas, Chairman of the Committee on Rules and Calendar, reports that the committee has carefully considered the following bills and recommends that they not pass: Senate Concurrent Resolution No. 11-X('49)-That the Ex- traordinary Session now convened shall consider no bills out- side the Governor's Call contravening any of the provisions of the 1947 School Foundation Law, as amended. House Resolution No. 67-X('49)-A resolution requesting the Finance and Taxation Committee of the House of Represent- atives of the 1949 Extraordinary Session of the Legislature to prepare certain tax measures for submission to the House of Representatives. And Senate Concurrent Resolution No. 11-X('49), contained in the above report, was laid on the table under the rule. And House Resolution No. 67-X('49), contained in the above report, was laid on the table under the rule. The following registrations with the Chief Clerk were made under Rule 14. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is C. N. Robertson, my occu- pation is Florida State Legislative Representative for and that I am employed by and appear in the interest of Brother- hood of Railway & Steamship Clerks, whose address is P. O. Box 1531, Jacksonville, Florida, and for the following period Duration of Special Session. C. N. ROBERTSON State of Florida, County of Leon. Sworn to and subscribed before me this 14th day of Sep- tember A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Charles F. Blake, my occu- pation is Attorney at Law, and that I am employed by and appear in the interest of Tampa Wholesale Liquor Company, whose address is 513 South Florida Avenue, Tampa, and for the following period Duration of Special Session. CHARLES F. BLAKE State of Florida, County of Leon. Sworn to and subscribed before me this 14th day of Sep- tember A. D. 1949. LAMAR BLEDSOE, Notary.Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Charles F. Blake, my occu- pation is Attorney at Law, and that I am employed by and Sept. 14, 1949 E OF REPRESENTATIVES 47 appear in the interest of Tampa Utility Board, whose address is Post Office Box 1395, Tampa, and for the following period Duration of Special Session. CHARLES F. BLAKE State of Florida, County of Leon. Sworn to and subscribed before me this 14th day of Sep- tember A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Charles F. Blake, my occu- pation is Attorney at Law, and that I am employed by and appear in the interest of REA Association of Florida, whose address is Lake Placid, % Richard Archbold, and for the fol- lowing period Legislative duration. CHARLES F. BLAKE State of Florida, County of Leon. Sworn to and subscribed before me this 14th day of Sep- tember A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is John J. Nietmann, Jr., my occupation is Assistant Counsel and that I am employed by and appear in the interest of Life Insurance Association of', America, whose address is 165 Broadway, New York, and for the following period Permanent employee. JOHN J. NIETMANN, JR. State of Florida, County of Leon. Sworn to and subscribed before me this 14th day of Sep- tember A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Lamar Sarra, my occupa- tion is Attorney at Law and that I am employed by and ap- pear in the interest of Florida State Theatres, whose address is P. O. Box 1290, Jacksonville, Florida, and for the following period Duration of Special Session-Permanent Employee. LAMAR SARRA State of Florida, County of Leon. Sworn to and subscribed before me this 14th day of Sep- tember A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. Mr. Clement moved that the House now adjourn to recon- vene at 10:00 o'clock tomorrow morning. The motion was agreed to, and it was so ordered. Thereupon, at the hour of 12:51 P.M. the House stood adjourned until 10:00 o'clock tomorrow morning. EXTRAORDINARY SESSION JOURNAL OF THE HOUSE OF REPRESENTATIVES Thursday, September 15, 1949 The House was called to order by the Speaker at 10:00 A.M. The roll was taken recorded present: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney David - Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin McClure A quorum present. Excused: Mr. Henderson. The following prayer was Hunter, Chaplain: and the following Members were McKendree Schuh McMullen Sellar Melvin Shepperd Merchant Simpson Merritt Slaughter Monahan Smith, L. W. Moody Smith, M. B. Morgan Smith, W. A. Nesmith Stewart Odham Stockdale Okell Strayhorn Papy Summers Parker Surles Patton Sweeny Pearce Tapper Peeples Thornal Phillips Usina Pooser Whitlock Roberts, J. P. Williams Roberts, Roy Wise Rood Wotitzky Saunders, D. H. Yeomans Saunders, S. D. Scarborough offered by the Reverend J. L. O God, we humbly beseech Thee to purify our hearts from all worldly and sinful thoughts; that thus we may be prepar- ed in our souls to worship and serve Thee this day accept- ably, with reverence and godly fear. O Lord, set our affections on things above and not on things of the world, and give us grace to receive Thy Holy Spirit into honest and good hearts, that we may bring forth fruit with patience. Hear us, O Lord God, for Christ's sake-Amen. CORRECTION OF THE JOURNAL Mr. Bryant asked that the Journal for Wednesday, Sep- tember 14, be corrected to show that Mr. Tapper's motion to set House Bill No. 39-X('49) as a Special and Continuing Order had not been agreed to by a two-thirds vote. The Speaker directed that the correction be made. Subsequently, it was determined from an examination of the Chief Clerk's original journal that the printer had drop- ped the word "not" from Line 21 of Column 2 on Page 45. The printed Journal for Wednesday, September 14, as corrected, was approved. Mr. Bryant moved that House Bill No. 40-X('49) be made a Special and Continuing Order of Business for 11:00 A.M. Thursday, September 15. Pending consideration thereof, Mr. Clement offered a substitute motion to adopt the report of the Committee on Rules and Calendar, which report reads as follows: September 14, 1949. The Honorable Perry E. Murray, Speaker, House of Representatives, Tallahassee, Florida. Sir: Your Committee on Rules and Calendar recommends that the House adopt as a Special and Continuing Order of Busi- ness at 11:00 A.M., September 15, 1949, House Bill No. 39-X and that immediately following disposition of House Bill No. 39-X set House Bill No. 40-X as a Special and Continuing Order of Business. In meeting assembled to consider the foregoing recom- mendations the vote was as follows: Ayes: Okell, Burwell, Wotitzky, Cook, Tapper, McMullen, Sellar, Hough, Carraway, Hendry, Thornal, Bronson, Smith, Shepperd, Papy, Saunders, Collins, Beasley, Melvin, Carlton and Clement. Nays: Luckie, Botts, Johnson, Bryant, Allen, NeSmith, Bollinger and Black. Respectfully submitted, Archie Clement, Chairman Committee on Rules & Calendar. Pending consideration thereof, Mr. Bryant moved to amend the substitute motion so that it would provide that the House adopt the report of the Committee on Rules and Calendar but with such report amended so as to place House Bill No. 40-X('49) ahead of House Bill No. 39-X('49) for consideration. Pending consideration thereof, Mr. Collins moved that the motion by Mr. Bryant to amend the substitute motion be laid on the table. A roll call was demanded. When the result was: Ayes: Andrews Beasley Bedenbaugh Black Bridges Bronson Burnsed Burton Burwell Carlton Carraway Nays: Mr. Speaker Allen Bollinger Botts Bryant vote was taken on the motion by Mr. Collins, the Clement Collins Cook Courtney David Fuqua Heath Hendry Hethcox Hudson Lantaff Cobb Copeland Dayton Dekle Douglas MacWillian Mathis McAlpin McMullen Melvin Okell Papy Pearce Peeples Phillips Roberts, Roy Dowda Dunn Elliott Frank Haley Saunders, D. H. Saunders, S. D. Schuh Shepperd Simpson Smith, L. W. Stockdale Tapper Whitlock Williams Wotftzky Hough Johnson Keith Lancaster, D. Lancaster, H. 48 Sept. 15, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES Morgan Nesmith Odham Patton Pooser Roberts, J. P. Rood Scarborough Sellar Slaughter Smith, M. B. Smith, W. A. Stewart Strayhorn Summers Surles Thornal Usina Wise Yeomans Ayes-44. Nays-47. So the motion to lay on the table was not agreed to. Mr. Beasley raised the point of order that would not the substitute motion require a two-thirds' majority for adoption, since the Chair previously had held such a majority was necessary to set a bill as a Special and Continuing Order. The Speaker held that a two-thirds' vote was necessary when it was sought to establish a Special and Continuing Order without reference of the bill in question to the Com- mittee on Rules and Calendar. In the matter of the substitute motion, the Speaker said only a simple majority was required for the adoption of the report of the Committee on Rules and Calendar and, therefore, the House could amend this report by a like majority. The question recurred on the motion to amend the sub- stitute motion. A roll call was demanded. When the vote was taken on the motion to stitute motion, the result was: Dunn Elliott Frank Haley Hough Hudson Johnson Keith Lancaster, D Lancaster, H. Luckie McAlpin McClure Cook Courtney David Dowda Fuqua Heath Hendry Hethcox Lantaff MacWilliam Mr. Papy requested that to "nay." McKendree Merchant Merritt Monahan Moody Morgan Nesmith Odham Papy Patton Pooser Rood Scarborough amend the sub- Sellar Slaughter Smith, M. B. Smith, W. A. Stewart Strayhorn Summers Surles Sweeny Thornal Usina Wise Yeomans Mathis Schuh McMullen Shepperd Melvin Simpson Okell Smith, L. W. Pearce Stockdale Peeples Tapper Phillips Whitlock Roberts, Roy Williams Saunders, D. H. Wotitzky Saunders, S. D. his vote be changed from "aye" Ayes-51. Nays-40. So the motion to amend the substitute motion was agreed to. The question recurred on the substitute motion, as amended. A roll call was demanded. When the vote was taken on the substitute motion, as amended, the result was: Burnsed Burton Cobb Copeland Dayton Dekle Douglas Dowda Dunn Elliott Frank Haley Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Luckie McClure McKendree Merchant Merritt Monahan Moody Nays: Andrews Beasley Bedenbaugh Bridges Bronson Burwell Carlton Carraway Clement Collins Morgan Nesmith Odham Parker Patton Pooser Rood Cook Courtney David Fuqua Heath Hendry Hethcox Lantaff MacWilliam Mathis Scarborough Sellar Slaughter Smith, M. B. Smith, W. A. Stewart Strayhorn 49 Summers Surles Sweeny Thornal Usina Wise Yeomans McAlpin Saunders, S. D. McMullen Schuh Melvin Shepperd Okell Simpson Papy Smith, L. W. Pearce Stockdale Peeples Tapper Phillips Whitlock Roberts, Roy Williams Saunders, D. H. Wotitzky Ayes-52. Nays-40. So the substitute motion, as amended, was agreed to, and the House adopted the report of the Committee on Rules and Calendar with House Bill No. 40-X('49) placed ahead of House Bill No. 39-X('49) for consideration. Mr. Clement moved that the House do now adjourn. Pending consideration thereof, Mr. Nesmith offered a substitute motion that the House adjourn at 12:45 P. M. Pending consideration thereof, Mr. Clement moved to amend the substitute motion so that the House would adjourn at 10:51 A. M. A roll call was demanded. When the vote was taken on the motion to amend the substitute motion, the result was: Ayes: Andrews Beasley Bedenbaugh Branch Bridges Bronson Burwell Carlton Carraway Clement Cobb Nays: Mr. Speaker Allen Bollinger Botts Bryant Burnsed Copeland Dayton Dekle Douglas Dowda Dunn Ayes-44. Nays-46. Collins Cook Courtney David Fuqua Heath Hendry Hethcox Lancaster, D. Lantaff MacWilliam Elliott Frank Haley Hough Hudson Johnson Keith Lancaster, H. Luckie McClure McKendree Merchant So the motion to amend agreed to. Mathis Saunders, S. D. McAlpin Schuh McMullen Shepperd Melvin Simpson Okell Smith, L. W. Papy Smith, M. B. Pearce Stockdale Peeples Tapper Phillips Whitlock Roberts, Roy Williams Saunders, D. H. Wotitzky Merritt Monahan Moody Morgan Nesmith Odham Patton Pooser Roberts, J. P. Rood Scarborough Sellar Slaughter Smith, W. A. Stewart Strayhorn Summers Surles Thornal Usina Wise Yeomans the substitute motion was not The question recurred on the substitute motion to adjourn at 12:45 P. M. Mr. Nesmith withdrew the substitute motion. The question recurred on the motion by Mr. Clement to now adjourn. Pending consideration thereof, Luckie McClure McKendree Merchant Merritt Monahan Moody Ayes: Mr. Speaker Allen Bollinger Botts Branch Bryant Burnsed Burton Cobb Copeland Dayton Dekle Douglas Nays: Andrews Beasley Bedenbaugh Bridges Bronson Burwell Carlton Carraway Clement Collins Ayes: Mr. Speaker Allen Bollinger Botts Branch Bryant . JOURNAL OF THE HOUSE OF REPRESENTATIVES Sept. 15, 1949 Mr. Bryant offered a substitute motion that the House adjourn at 1:00 P. M. When the result was: Ayes: Mr. Speaker Allen Bollinger Botts Branch Bryant Burnsed Burton Cobb Collins Copeland Dayton Dekle Nays: Andrews Beasley Bedenbaugh Bridges Bronson Burwell Carlton Carraway Clement Cook Ayes-52. Nays-40. vote was taken on the substitute motion, the Douglas Dowda Dunn Elliott Frank Haley Hough Hudson Johnson Keith Lancaster, H. Luckie McClure Courtney David Fuqua Heath Hendry Hethcox Lancaster, D. Lantaff MacWilliam Mathis McKendree Merchant Merritt Monahan Moody Morgan Nesmith Odham Parker Patton Pooser Roberts, J. P. Rood Scarborough Sellar Slaughter Smith, W. A. Stewart Strayhorn Summers Surles Sweeny Thornal Usina Wise Yeomans \y' r 1 McAlpin Schuh Melvin Shepperd Okell Simpson Papy Smith, L. W. Pearce Smith, M. B. Peeples Stockdale Phillips Tapper Roberts, Roy Whitlock Saunders, D. H. Williams Saunders, S. D. Wotitzky So the substitute motion that the House adjourn at 1:00 P. M. was agreed to. COMMUNICATIONS Mr. Henderson of Leon requested that he be excused from attendance upon the Session today. Without objection, it was so ordered. September 14, 1949 The Hon. Perry Murray, Speaker House of Representatives The Capitol Dear Mr. Speaker: This letter has reference to a bill providing for the amend- ment of Chapter 25342, Laws of Florida, Acts of 1949. The original bill, passed during the recent regular session, had to do with regulating the size, weight, equipment, etc., of certain motor vehicles used on the highways of this state and it was passed during the closing days of the session. In the haste of preparing this bill, a provision amounting to a saving clause allowing present equipment which does not meet the specifications of this new law to be operated for the life of said equipment was inadvertently left out of the bill and the only thing this amendment does is to make a provision for the use of this equipment which had already been pur- chased, for the life of this equipment. I think this is a good amendment and will save the citizens of this state millions of dollars, because they had purchased equipment which met the specifications of the old law and therefore should be given an opportunity to use that equip- ment for the life of it. Sincerely yours, RICHARD W. ERVIN Attorney General Mr. Luckie asked unanimous consent for the introduction and consideration at this time of a bill embodying the fore- going recommendation of the Attorney General. Without objection, it was so ordered. By Mr. Luckie of Duval- H. B. No. 90-X('49)-A bill to be entitled An Act amending Section 27, Chapter 25342, Laws of Florida, Acts of 1949, which regulates the size, weight and equipment of certain motor vehicles using the highways of this state, so as to permit the operation upon such highways of certain vehicles, which may not be in conformity of said Act, for a certain period of time. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title. Mr. Luckie moved that the rules be waived and House Bill No. 90-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 90-X('49) was read a second time by title. Mr. Luckie moved that the rules be further waived and House Bill No. 90-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 90-X('49) was read a third time in full. When the result was: Ayes: Mr. Speaker Allen Andrews Black Bollinger Botts Branch Bronson Bryant Burnsed Burton Burwell Carlton Carraway Cobb Collins Cook Copeland Courtney David Dayton vote was taken on the passage of the bill the Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin Scarborough McClure Schuh McKendree Sellar McMullen Shepperd Melvin Simpson Merchant Slaughter Monahan Smith, L. W. Moody Smith, M. B. Morgan Smith, W. A. Odham Stewart Okell Stockdale Papy Summers Parker Surles Pearce Sweeny Peeples Thornal Pooser Usina Roberts, J. P. Williams Roberts,Roy Wise Rood Wotitzky Saunders, D. H. Yeomans Saunders, S. D. Mr. Whitlock asked to be recorded voting "aye." Ayes-84. Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. The hour of 11:00 A. M. having arrived, the House took up the Special and Continuing Order Calendar. CONSIDERATION OF THE SPECIAL AND CONTINUING ORDER By Messrs. Simpson of Jefferson, Beasley of Walton, Stock- dale and Lantaff of Dade, Fuqua of Manatee, Schuh and Clement of Pinellas, Strayhorn of Lee, Burwell and David of Broward, Williams of Hardee, Papy of Monroe, MacWilliam of Indian River, Hethcox of Lake, Bridges of Calhoun, Andrews of Orange, Hendry of Okeechobee, Bronson of Osceola, Hudson of Washington, Heath of Holmes, Burnsed of Baker, Saunders of St. Lucie, Saunders of Clay, Wotitzky of Charlotte, Tapper of Gulf and Collins of Sarasota. H. B. No. 40-X('49)-A bill to be entitled An Act to define certain additional privileges, and to levy and provide for the collection of privilege taxes upon sales of personal property, upon admissions and upon rentals of real and personal property; providing for certain exemptions; to define certain words and terms used in this Act; to provide for the creation and enforcement of liens upon real and personal property of 50 JOURNAL OF THE HOU persons liable for the payment of such taxes; to authorize the promulgation of rules and regulations for the administration and enforcement of this Act; to appropriate monies derived from such taxes and to direct the payment of such monies derived from such taxes to the general revenue fund of the State of Florida, to the cost of administration and enforcement of this Act and to provide for impounding any surplus revenue; to provide for the operation of this Act in the event certain provisions herein shall be held invalid; providing for an effective date; to provide penalties for the violation of this Act; and repealing Sections 204.03 and 204.04, Florida Statutes, 1941, and conflicting laws. -was taken up. Mr. Simpson moved that the rules be waived and House Bill No. 40-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 40-X('49) was read a second time by title. Amendment No. 1- Mr. Luckie of Duval, offered the following amendment to House Bill No. 40-X('49): In Section 8, line 7, of the bill, (Page 22), after the word "Products" insert the following "Bakery products." Mr. Luckie moved the adoption of Amendment No. 1. Pending consideration thereof, Substitute for Amendment No. 1- Mr. Shepperd of St. Johns, offered the following Substitute for Amendment No. 1 to House Bill No. 40-X('49): Strike Section 8 of the bill and insert in lieu thereof the following: Section 8. That the sale at retail, the use, the consump- tion, the distribution, and the storage to be used or con- sumed in this State, of the following tangible personal prop- erty, is hereby specifically exempt from the tax imposed by this Act: Fresh meats. Cured meats not otherwise processed. Fresh fruit and fruit juices. Fresh vegetables. Grits. Eggs. Meal. Baking powder. Soda. Flour. Salt. Pepper. Milk. Coffee. Tea. Lard and shortening. Oleo margarine. Butter. Bakery products. Fish. Cocoa. Cigarettes. Alcoholic beverages. Beer. Ice. Water (not to include, however, mineral water or car- bonated water, or any water put up in bottles, jugs, or other containers). Newspapers. School books and school lunches. Motor fuel. Sept. 15, 1949 Andrews Beasley Bedenbaugh Branch Bridges Bronson Burnsed Burton Burwell Carraway Clement Collins Cook Nays: Allen Black Bollinger Botts Bryant Cobb Copeland Dayton Dekle Dowda Dunn Courtney David Douglas Fuqua Heath Hendry Hethcox Keith Lantaff MacWilliam Mathis McAlpin McMullen Elliott Frank Haley Hough Hudson Johnson Lancaster, D. Lancaster, H. Luckie McClure McKendree Melvin Okell Papy Parker Pearce Peeples Phillips Roberts, J. P. Roberts, Roy Saunders, D. H Saunders, S. D. Schuh Shepperd Merchant Merritt Monahan Moody Morgan Nesmith Odham Patton Pooser Rood Scarborough Simpson Smith, L. W. Stockdale Sweeny Tapper Thornal Whitlock Williams Wotitzky .Yeomans Sellar Slaughter Smith, M. B. Smith, W. A. Stewart Strayhorn Summers Surles Usina Ayes-49. Nays-42. The motion was agreed to. Thereupon, at 11:23 A.M. the House stood in recess until 11:35 A.M. The House was called to order by the Speaker at 11:35 A.M. The question recurred on the motion by Mr. Shepperd to adopt the substitute for Amendment No. 1. Pending consideration thereof, Amendment to the Substitute for Amendment No. 1. Mr. Beasley of Walton, offered the following amendment to the Substitute for Amendment No. 1 to House Bill No. 40-X('49). Strike Section 8 of the bill and insert in lieu thereof the following: "Section 8. That the sale at retail, the use, the consump- tion, the distribution, and the storage to be used or con- sumed in this State, of the following tangible personal prop- erty, is hereby specifically exempt from the tax imposed by this Act: Fresh meats. Cured meats not otherwise processed. Fresh fruit and fruit juices. Fresh vegetables. SE OF REPRESENTATIVES 51 Also exempt are professional insurance or personal service transactions which involve sales as inconsequential elements for which no separate charge is made, and likewise exempted are all sales made to or by the United States of America, the State of Florida, or any county or municipality within the State and all sales made to or by any governmental unit, State or Federal. Mr. Shepperd moved the adoption of Substitute for Amend- ment No. 1. Pending consideration thereof, Mr. Beasley moved that the House do now stand in recess until 11:35 A.M. today. A roll call was demanded. When the vote was taken, the result was: Ayes: JOURNAL OF THE HOUSE OF REPRESENTATIVES Sept. 15, 1949 Sugar Syrup Poultry Soap and soap powders and detergents Fuel Oil Caskets Irish and Sweet potatoes Frozen foods Baby foods Dried or cured vegetables and Fruits Honey Citrus, fresh and processed Water (not to include, however, mineral water or carbonat- ed water, or any water put up in bottles, jugs, or other con- tainers). Newspapers School books and school lunches. Motor fuel. Also exempt are professional, insurance or personal service transactions which involve sales as inconsequential elements for which no separate charge is made ,and likewise exempted are all sales made to or by the United States of America, the State of Florida, or any county or municipality within the State and all sales made to or by any governmental unit, State or Federal. Medicine compounded in a retail establishment by phar- macists licensed by the State of Florida according to an individual prescription or prescriptions and refills written by a practitioner of the healing arts licensed by the State of Florida, or a sister State, and common household medicinal remedies recommended and generally sold for the relief of pain, ailment, distress or disorder of the human body, according to a list prescribed, and approved by the State Board of Health, which said list shall be certified to the Comptroller and from time to time be included in the rules and regulations promulgated by the comptroller. Mr. Beasley moved the adoption of the amendment to the Substitute for Amendment No. 1. Pending consideration thereof, Mr. Clement moved that the House do now adjourn. Pending consideration thereof- Mr. Bryant offered a substitute motion that the House do not adjourn until the final vote is taken on House Bill No. 40-X('49). A roll call was demanded. When the vote was taken, Ayes: Allen Black Bollinger Botts Bryant Cobb Copeland Dayton Dekle Dowda Dunn Nays: Andrews Beasley Bedenbaugh Bridges Elliott Frank Haley Hough Hudson Johnson Keith Lancaster, H. Luckie McClure McKendree Bronson Burnsed Burton Burwell the result was: McMullen Merchant Merritt Monahan Moody Morgan Nesmith Odham Parker Pooser Rood Carraway Clement Collins Cook Scarborough Sellar Slaughter Stewart Strayhorn Summers Surles Sweeny Usina Yeomans Courtney David Douglas Fuqua Heath Hendry Hethcox Lancaster, D. Lantaff MacWilliam Mathis McAlpin Ayes-43. Melvin Okell Papy Patton Pearce Peeples Phillips Roberts, J. P. Roberts, Roy Smith, W. A. Saunders, D. H. Stockdale Saunders, S. D. Tapper Schuh Thornal Shepperd Whitlock Simpson Williams Smith, L. W. Wise Smith, M. B. Wotitzky Grits Eggs Meal Baking powder Soda Flour Salt Pepper Milk Coffee Tea Lard and Shortening Oleo margarine Butter Bakery Products Fish and other seafoods Cocoa Cigarettes Alcoholic Beverages Beer Ice Ayes: Andrews Beasley Bedenbaugh Bridges Bronson Burnsed Burton Burwell Carraway Clement Collins Nays: Allen Black Bollinger Botts Bryant Cobb Copeland Dayton Dekle Dowda Dunn Elliott Mr. Lantaff Cook Courtney David Douglas Fuqua Heath Hendry Hethcox Lancaster, D. Mathis McAlpin Frank Haley Hough Hudson Johnson Keith Lancaster, H. Luckie MacWilliam McClure McKendree Merchant Melvin Shepperd Okell Simpson Papy Smith, L. W. Patton Smith, M. B. Pearce Stockdale Peeples Tapper Roberts, J. P. Whitlock Roberts, Roy Williams Saunders, D. H. Wotitzky Saunders, S. D. Schuh Merritt Monahan Moody Morgan Nesmith Odham Parker Pooser Rood Scarborough Sellar Slaughter Stewart Strayhorn Summers Surles Sweeny Thornal Usina Wise Yeomans asked to be recorded as voting "aye". Mr. MacWilliam asked to be recorded as voting "aye". Ayes-44. Nays-44. Under Rule 2, Section 5, the Speaker voted, asking to be recorded as "nay". Ayes-44. Nays-45. So the motion that the House now adjourn was not agreed to. Mr. Bryant moved the previous question on the motion to adopt Mr. Beasley's amendment to the Substitute for Amend- ment No. 1 to House Bill No. 40-X('49). The motion to the previous question was agreed to. The question recurred on the motion to adopt Mr. Beasley's amendment to the Substitute for Amendment No. 1. Pending consideration thereof, Mr. Nesmith moved that the House do now adjourn, to reconvene at 10:00 A. M. Monday. A roll call was ordered. When the vote was taken on the motion, the result was: Ayes: Bedenbaugh Copeland Dunn Johnson Botts Douglas Hendry McClure Burton Dowda Hough Merritt Nays-48. So the substitute motion was not agreed to. The question recurred on the motion by Mr. Clement that the House do now adjourn. A roll call was ordered. When the vote was taken, the result was: JOURNAL OF THE HOUSE OF REPRESENTATIVES Monahan Roberts, Roy Strayhorn Nesmith Saunders, S. D. Summers Odham Stewart Sweeny Nays: Allen Dayton McMullen Schuh Andrews Dekle Melvin Sellar Beasley Elliott Merchant Shepperd Black Frank Moody Simpson Bollinger Fuqua Morgan Slaughter Branch Heath Okell Smith, L. W. Bridges Hethcox Papy Smith, W. A. Bronson Hudson Parker Stockdale Bryant Keith Patton Tapper Burnsed Lancaster, D. Pearce Thornal Burwell Lancaster, H. Peeples Usina Carraway Lantaff Phillips Whitlock Clement Luckie Pooser Williams Collins MacWilliam Roberts, J. P. Wise Cook Mathis Rood Wotitzky Courtney McAlpin Saunders, D. H. Yeomans David McKendree Scarborough Ayes-21. Nays-67. The motion was not agreed to. Mr. Beasley moved that the House do now adjourn. A roll call was ordered. When the vote was taken, the result was: Ayes: Andrews Beasley Bedenbaugh Branch Bridges Bronson Burnsed Burton Burwell Carraway Clement Collins Nays: Allen Black Bollinger Botts Bryant Cobb Copeland Dayton Dekle Dowda Dunn Cook Courtney David Douglas Fuqua Heath Hendry Hethcox Hudson Lancaster, D. Lantaff MacWilliam Elliott Frank Haley Hough Johnson Keith Lancaster, H. Luckie McClure McKendree Merchant Mathis McAlpin McMullen Melvin Okell Papy Patton Pearce Peeples Phillips Roberts, J. P. Roberts, Roy Merritt Monahan Moody Morgan Nesmith Odham Parker Pooser Rood Scarborough Sellar Saunders, S. D. Schuh Shepperd Simpson Smith, L. W. Smith, W. A. Stockdale Tapper Whitlock Williams Wotitzky Slaughter Stewart Strayhorn Summers Surles Sweeny Thornal Usina Wise Yeomans Ayes-47. Nays-43. The motion that the House do now adjourn was agreed to. MESSAGES FROM THE SENATE The following messages from the Senate were received and read: SENATE CHAMBER Tallahassee, Florida, September 15, 1949 The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- H. B. No. 16-X('49)-A bill to be entitled An Act author- izing Boards of County Commissioners in all counties of the State of Florida having more than 10,900 and less than 11,100 53 population according to the last preceding State Census, to purchase not more than eight voting machines for use in all elections; making the use of such voting machines valid; pro- viding that such voting machines and the use thereof shall be in accordance with provisions of law now in effect and pro- viding an effective date for this Act. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. And House Bill No. 16-X('49) contained in the above mes- sage, was referred to the Chief Clerk for enrollment. SENATE CHAMBER Tallahassee, Florida, September 15, 1949 The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- H. B. No. 31-X('49)-A bill to be entitled An Act to amend Section 2 of Chapter 23373, Laws of Florida, Special Acts of 1945, entitled, "An Act creating the Utility Board of the City of Key West, Florida to manage, operate, maintain, extend, improve and control the Municipal Electric Utility owned by the City of Key West: appointing the first members of said Board and fixing their terms of office; providing for the ap- pointment and terms of office of subsequent members of said Board, providing that the Mayor shall be a member of said Board; prescribing its jurisdiction, powers, functions, author- ity, franchises, duties and privileges; and declaring the Leg- islative intention that said Act shall not be deemed repealed by an Act passed at the Regular Session of the Legislature in 1945 unless specific reference is made to said Act for such purposes", by appointing new members of said board and fixing their terms of office. Proof of Publication attached to above bill. Also- H. B. No. 52-X('49)-A bill to be entitled An Act to au- thorize and empower the Judge of the Municipal Court of Greenville to issue search warrants in aid of the enforce- ment of ordinances of said city to be executed within the limits of said city; to regulate their issuance, service and return. Proof of Publication attached to above bill. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. And House Bill No. 31-X('49) contained in the above mes- sage, was referred to the Chief Clerk for enrollment. And House Bill No. 52-X('49) contained in the above mes- sage, was referred to the Chief Clerk for enrollment. SENATE CHAMBER Tallahassee, Florida, September 15, 1949 The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- H. B. No. 27-X('49)-A bill to be entitled An Act to Amend Section 2A of Chapter 10754 Laws of Florida, As Passed in 1925 Regular Session of the Florida Legislature, and Approved June 8, 1925, as Amended by Chapter 14172, Special Acts of 1929 Legislature of Florida, and as Changed or Altered by Subsequent Legislative Acts and/or Amendments of said 1925 Act, Including Chapter 21334 Special Acts of the 1941 and The 1949 Special Acts at the Regular Session of the Legisla- ture of the State of Florida, Relating to the Creation and Establishment of the City of Lakeland, Florida; Describing Sept. 15, 1949 54 JOURNAL OF THE HOUSE the Territorial Boundaries of said City; Including Certain Lands into the Territorial Jurisdiction of the said City. Proof of Publication attached to above bill. Also- H. B. No. 28-X('49)-A bill to be entitled An Act authoriz- ing the City of Lakeland, Florida, to Further Regulate the Transportation of Persons and Property for Hire on the Streets of Said City, Authorizing the City to Limit the number of Automobile Taxicabs operating Therein and to Grant for a Valuable Consideration two or More Franchises, including Exclusive Franchises to Different Persons, Firms or Corpora- tions for the Use of the Streets of Said City for the Operation of a Taxicab Business upon such Terms and Conditions and Under Such Regulations as May Be Imposed by the City Commission of Said City and Authorizing The City to Estab- lish and Regulate the Rates and Charges Required by Taxi- cabs for the Transportation of persons and their Baggage over the Streets of Said City and To Establish Minimum and Maximum Charges for Such Services. Proof of Publication attached to above bill. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. And House Bill No. 27-X('49) contained in the above mes- sage, was referred to the Chief Clerk for enrollment. And House Bill No. 28-X('49) contained in the above mes- sage, was referred to the Chief Clerk for enrollment. SENATE CHAMBER Tallahassee, Florida, September 15, 1949 The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- H. B. No. 29-X('49)-A bill to be entitled An Act amend- ing Section 4 of Chapter 25440, Laws of Florida, Acts of 1949, changing the effective date of this Act which relates to the common boundary line between Pasco and Polk coun- ties, and providing that Pasco county shall assess, levy and collect all ad valorem taxes for the year 1949 on the property herein transferred from Pasco County to Polk County. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. And House Bill No. 29-X('49) contained in the above mes- sage was referred to the Chief Clerk for enrollment. COMMITTEE REPORTS September 15, 1949. Mr. Simpson of Jefferson, Chairman of the Committee on Finance and Taxation, reports that the Committee has care- fully considered the following bills and recommends they pass'. H. C. R. No. 53-X('49)-A concurrent resolution making application to the Congress of the United States for the calling of a convention to propose an amendment to the Constitution of the United States. H. B. No. 79-X('49)-A bill to be entitled An Act to amend Sections 199.02 and 199.11, 1947 Supplement, Florida Statutes 1941, by adding a subsection to Section 199.02, to be desig- nated as (4) Class D, providing a new and additional classi- fication of intangible property as being all mortgages, deeds of trust or other such instruments whereby liens are created upon real property in Florida, whereof a Class C intangible tax has not been theretofore fully paid, irrespective of the domicile or residence of the owners of the obligations secured by such instruments of lien, and changing present (4) Class D, to (5) Class E, and renumbering present (5) and (6) to (6) and (7) respectively; and by adding a subsection to sec- tion 199.11 to be designated as (4) providing for a single two E OF REPRESENTATIVES Sept. 15, 1949 mill levy on such new and additional classification, and pro- viding that by virtue of the benefit and protection accorded to the owners of, or persons having or claiming interest in, such instruments of lien, through the laws of Florida, such instruments of lien shall not be entitled to record, or en- forceable in any of the courts of this State without pay- ment of such tax, and changing present (4) to (5) and omit- ting present (5) relative to adoption of constitutional amend- ment, and present (6) relative to effective date, as having served their purpose, and changing the tax on Class C from three mills to two mills, to conform to the Constitution and amending Section 199.07, Florida Statutes, 1941, to require reports from corporations and limited partnerships of stock holders and partners. H. B. No. 80-X('49)-A bill to be entitled An Act amending Section 550.16, Florida Statutes 1941, as amended by Chapter 21,744, Laws of Florida Acts of 1943 and Chapter 22,589, Laws of Florida Acts of 1945, and Chapter 25,257, Laws of Florida Acts of 1949, relating to pari-mutuel pools and authorized within enclosure at dog race tracks and providing that dog race tracks having an average daily pari-mutuel pool of less than $23,000.00 for the preceding racing season, shall be per- mitted to operate pari-mutuel wagering upon the payment of a daily license fee of $500.00 and providing for the dis- tribution of the proceeds from said license tax; repealing all laws or parts of laws in conflict herewith and fixing the effective date of this Act. And House Concurrent Resolution No. 53-X('49), contained in the above report, was placed on the Calendar of Resolutions. And House Bills Nos. 79-X('49) and 80-X('49), contained in the above report, were placed on the Calendar of Bills for Second Reading. September 15th, 1949. Mr. Elliott of Palm Beach, Chairman of the Committee on Drainage and Water Control, reports that the Committee has carefully considered the following bill and recommends it pass: H. B. No. 64-X('49)-A bill to be entitled An Act authorizing special taxing districts created for the purpose of protecting land within said districts from damage by erosion, storms, tidal waves and currents, or high waters, and for the public benefit, by Special Acts of the Legislature, to determine, assess, levy and collect a uniform tax upon the real property located within said districts for the purpose of paying the expenses incident to organizing said districts, making surveys, assess- ing benefits and damages, and the administrative costs and expenses of said districts for a period of two years from the creation of any such districts, when notice of intention to determine, assess and levy such tax has been mailed by the governing board of such district to each property owner owning lands in such district, not less than fourteen days prior to the date upon which said governing boards of such district shall meet for the purpose of determining, assessing and levying such uniform tax; and providing that notice of such meeting of such governing board shall be published in a newspaper of general circulation published in the county in which such district may be located, once each week for two consecutive weeks prior to the date of such meeting of such board for said purposes; and ratifying and approving any such uniform tax determined, assessed and levied by said districts for said purposes herein and when the publication of such notice has been instituted prior to the passage of this Act and completed after it becomes a law, or has heretofore been published in a newspaper as herein prescribed: repealing all laws and parts of laws in conflict herewith and prescrib- ing the effective date of this Act. And House Bill No. 64-X('49) contained in the above re- port, was placed on the Calendar of Bills for Second Reading. September 15, 1949 Mr. Clement of Pinellas, Chairman of the Committee on Rules and Calendar, reports that the Committee has carefully considered the following resolution and recommends that it pass as amended: House Resolution No. 37-X('49)-A resolution creating an interim committee of the House of Representatives consisting of three members to be appointed by the Speaker, to be known as the House Committee to Study and Investigate Practices and JOURNAL OF THE HOUSE Procedures of State Agencies; authorizing and directing said committee to inquire into and investigate all state agencies Including offices, boards, bureaus, commissions and institu- tions, for the purpose of determining, whether such agencies are operating as required by law, whether any such agencies are expending funds or engaging in activities beyond the intent or limitations of law, whether any agencies are engaged in over-lapping activities and whether any such agencies or any of their activities or expenditures could be terminated without being detrimental to the public interest and whether any agencies or their activities could be combined or merged to provide a more economical and efficient operation; authorizing said committee to inspect any record, document or other paper of any state agency, to subpoena witnesses, and to examine the foregoing by either the committee or an examiner appointed by the committee, and to cite for contempt; requiring all state officers and employees to make available to said committee or its examiner all records, documents or other papers and in- formation that may be requested by said committee; author- izing said committee to make use of any appropriation or other funds which may be available to pay costs and expenses of interim committees; and directing the said committee to make a report of its findings and recommendations to the House of Representatives at the 1951 Regular Session of the Florida State Legislature. Which amendments read as follows: Amendment No. 1- Strike out Section 3 and insert the following in lieu thereof: Section 3. It shall be the duty of the committee to study, inquire into and investigate all institutions under the Board of Control; and such other agencies, which term shall include and mean all State offices, boards, bureaus, commissions and institutions, as may be determined by the Legislative Reference Bureau, other than institutions under the Board of Control. Amendment No. 2- Strike out Section 4 and insert the following in lieu thereof: Section 4. The committee shall have such powers of investi- gation and to subpoena witnesses as is possessed by the Legis- lative Reference Bureau. Amendment No. 3- Strike out Sections 5 and 6 and renumber Section 7 to read Section 5. Amendment No. 4- In the Title, line 6, strike out everything after the word "investigate" and insert the following in lieu thereof: All institutions under the Board of Control; and such other agencies, which term shall include and mean all state offices, boards, bureaus, commissions and institutions, as may be determined by the Legislative Reference Bureau, other than institutions under the Board of Control; granting such powers of investigation and subpoena of witnesses as is possessed by the Legislative Reference Bureau; and directing the said committee to make a report of its findings and recommenda- tions to the House of Representatives at the 1951 Regular Session of the Florida State Legislature. Amendment No. 5- In the Title, lines 2 and 3, strike out the words: "three members to be appointed by the Speaker", and insert the following in lieu thereof: "Archie Clement, Bryant G. Patton and R. Bob Burnsed". Amendment No. 6- In Section 2, lines 1 and 2 of the Resolution, strike out the words: "three members to be appointed by the Speaker of the House of Representatives" and insert the following in lieu thereof: "Archie Clement, Bryant G. Patton and R. Bob Burnsed". Sept. 15, 1949 E OF REPRESENTATIVES 55 And House Resolution No. 37-X('49), contained in the above report, together with Committee amendments thereto, was placed on the Calendar of Bills for Second Reading. September 15, 1949 Mr. Nesmith of Wakulla, Chairman of the Committee on Public Roads, reports that the Committee has carefully con- sidered the following bill and recommends it pass: H. B. No. 83-X('49)-A bill to be entitled An Act designating and establishing a certain State Road. And House Bill No. 83-X('49), contained in the above report, was placed on the Calendar of Bills for Second Reading. ENROLLING REPORTS The Honorable Perry E. Murray, Speaker of the House of Representatives, Sir: Your Enrolling Clerk to whom was referred- S. B. No. 14-X(49) S. B. No. 24-X('49) -begs leave to report same have been properly enrolled, signed by the President and Secretary of the Senate, and by the Speaker and Chief Clerk of the House of Representatives, and presented to the Governor on September 15, 1949, for his approval. Very respectfully, LAMAR BLEDSOE, Enrolling Clerk ex officio as Chief Clerk of the House of Representatives The following registrations with the Chief Clerk were made under Rule 14. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is J. M. Butler, my occupa- tion is Public Relations, and that I am employed by and appear in the interest of Eli Witt Cigar Company, whose address is 325 E. Second Ave., Gainesville, Fla., and for the following period Duration of Extra Session. J. M. BUTLER State of Florida, County of Leon. Sworn to and subscribed before me this 15th day of Sept- tember A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Ted D. Bayley, my occu- pation is Executive Vice President, and that I am employed by and appear in the interest of The Associated Industries of Fla., Inc., whose address is 725 Graham Bldg., Jacksonville, Fla., and for the following period Duration of Special Session. TED D. BAYLEY State of Florida, County of Leon. Sworn to and subscribed before me this 15th day of Sept- tember A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. At the hour of 12:11 P. M. the House stood adjourned until 10:00 o'clock tomorrow morning. EXTRAORDINARY SESSION JOURNAL OF THE HOUSE OF REPRESENTATIVES Friday, September 16, 1949 The House was called to order by the Speaker at 10:00 A. M. The roll was taken and the following Members were re- corded present: Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin A quorum present. The following prayer was Hunter, Chaplain: McClure McKendree McMullen Melvin Merchant Merritt Monahan Moody Morgan Nesmith Odham Okell Papy Parker Patton Pearce Peeples Phillips Pooser Roberts, J. P. Roberts, Roy Rood Saunders, D. H. Saunders, S. D. Scarborough Schuh Sellar Shepperd Simpson Slaughter Smith, L. W. Smith, M. B. Smith, W. A. Stewart Stockdale Strayhorn Summers Surles Sweeny Tapper Thornal Usina Whitlock Williams Wise Wotitzky Yeomans offered by the Reverend J. L. O Lord, we are here again this morning as spared monu- ments to Thy great mercy and infinite love and eternal pa- tience. We thank Thee for this another day, and help us to use it unselfishly and to the Glory of the God above. We need wisdom from above for we are not sufficient within ourselves to solve the complex problems that are before this Legislature. O God, help each one of us to realize our need of Divine guidance, lest we become lost in the wilderness of sin and confusion. May these good men who are responsible for what may or may not be done here seek the helping hand of God that they may find a common path and walk in it. For Christ's sake-Amen. CORRECTIONS OF THE JOURNAL The Journal for Thursday, September 15, was ordered cor- rected as follows: On Page 53, Column 1, Line 3 counting from top of the page, strike out "Surles". The Journal for Thursday, September 15, as corrected, was approved. Mr. Patton asked unanimous consent to now take up and consider House Resolution No. 37-X('49) which had been reported favorably, as amended, by the Committee on Rules and Calendar. Without objection, it was so ordered. By Mr. Patton of Franklin- House Resolution No. 37-X('49)-A Resolution creating an interim committee of the House of Representatives consisting of three members to be appointed by the Speaker, to be known as the House Committee to study and investigate practices and procedures of State agencies; authorizing and directing said committee to inquire into and investigate all State agencies including offices, boards, bureaus, commis- sions and institutions, for the purpose of determining, whether such agencies are operating as required by law, whether any such agencies are expending funds or engaging in activities beyond the intent or limitations of law, whether any agen- cies are engaged in over-lapping activities and whether any such agencies or any of their activities or expenditures could be terminated without being detrimental to the public interest and whether any agencies or their activities could be com- bined or merged to provide a more economical and efficient operation; authorizing said committee to inspect any record, document or other paper of any State agency, to subpoena witnesses, and to examine the foregoing by either the com- mittee or an examiner appointed by the committee, and to cite for contempt; requiring all State officers and employees to make available to said committee or its examiner all rec- ords, documents or other papers and information that may be requested by said committee; authorizing said committee to make use of any appropriation or other funds which may be available to pay costs and expenses of interim committees; and directing the said committee to make a report of its findings and recommendations to the House of Representa- tives at the 1951 regular -session of the Florida State Legis- lature. WHEREAS, matters came to the attention of the House of Representatives during the 1949 regular session of the Florida State Legislature and to members of the House since the ad- journment of said regular session which indicate that some State offices, boards, bureaus, commissions and institutions are possibly operating or carrying on activities beyond the scope and intent of law and are expending public funds in a manner that is not consistent with good business practices and economy and for purposes not intended by law, and that some of such agencies are engaging in practices and activi- ties that over-lap or that could be confined to one agency, and that some agencies could possibly be eliminated entirely with- out being detrimental to the public interest, NOW, THERE- FORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA- TIVES OF THE STATE OF FLORIDA: Section 1. That an Interim Committee of the House of Representatives of the Florida State Legislature to be known as the "HOUSE COMMITTEE TO STUDY AND INVESTI- GATE PRACTICES AND PROCEDURES OF STATE AGEN- CIES", is hereby created; and committee may also be called the "HOUSE COMMITTEE ON STATE AGENCIES". Section 2. The committee shall consist of three members to be appointed by the Speaker of the House of Representa- tives; the committee shall elect its own chairman; the com- mittee shall function and perform its duties during the interim period between adoption of this resolution and the convening of the 1951 regular session. Section 3. It shall be the duty of the committee to study, inquire into and investigate all State agencies, which term shall 56 Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney David JOURNAL OF THE HOUSE include and mean all State offices, boards, bureaus, com- missions and institutions, for the purpose of determining, whether such agencies are operating as required by law, whether any such agencies are expending funds or engaging in activities beyond the intent or limitations of law, whether any agencies are engaged in over-lapping activities and whether any such agencies or any of their activities or ex- penditures could be terminated without being detrimental to the public interest and whether any agencies or their activi- ties could be combined or merged to provide a more economical and efficient operation. Section 4. The committee is authorized to inspect any record, document or other paper of any State agency, to subpoena witnesses, and to examine the foregoing either by the committee or an examiner appointed by the committee, and is authorized to cite for contempt. Section 5. All State officers and employees shall make available to the committee or its examiner all records, docu- ments or other papers and information that may be requested by the committee. Section 6. The committee is authorized to make use of any appropriation or other funds which may be available to pay costs and expenses of interim committees, and to employ such help as may be found to be necessary. Section 7. The committee is directed to make a report of its findings and recommendations to the House of Representa- tives at the 1951 regular session of the Florida State Legisla- ture. -was taken up. Mr. Patton moved that the resolution be read a second time. The motion was agreed to by a two-thirds vote, and the resolution was read a second time. Amendment No. 1- The Committee on Rules and Calendar offered the following amendment to House Resolution No. 37-X('49): Strike out Section 3 and insert the following in lieu thereof: "Section 3. It shall be the duty of the committee to study, inquire into and investigate all institutions under the Board of Control; and such other agencies, which term shall include and mean all State offices, boards, bureaus, commissions and institutions, as may be determined by the Legislative Reference Bureau, other than institutions under the Board of Control." Mr. Clement moved the adoption of Amendment No. 1. The motion was agreed to, and Amendment No. 1 was adopted by a two-thirds vote. Amendment No. 2- The Committee on Rules and Calendar offered the following amendment to House Resolution No. 37-X('49): Strike out Section 4 and insert the following in lieu thereof: "Section 4. The committee shall have such powers of in- vestigation and to subpoena witnesses as is possessed by the Legislative Reference Bureau." Mr. Clement moved the adoption of Amendment No. 2. The motion was agreed to, and Amendment No. 2 was adopted by a two-thirds vote. Amendment No. 3- The Committee on Rules and Calendar offered the following amendment to House Resolution No. 37-X('49): Strike out Sections 5 and 6 and renumber "Section 7" to read "Section 5". Mr. Clement moved the adoption of Amendment No. 3. The motion was agreed to, and Amendment No. 3 was adopted by a two-thirds vote. Sept. 16, 1949 E OF REPRESENTATIVES 57 Amendment No. 4- The Committee on Rules and Calendar offered the following amendment to House Resolution No. 37-X('49): In Title, line 6, strike out everything after the word "in- vestigate" and insert the following in lieu thereof: "All insti- tutions under the Board of Control; and such other agencies, Which term shall include and mean all state offices, boards, bureaus, commissions and institutions, as may be determined by the Legislative Reference Bureau, other than institutions under the Board of Control; granting such powers of investi- gation and subpoena of witnesses as is possessed by the Legis- lative Reference Bureau; and directing the said committee to make a report of its findings and recommendations to the House of Representatives at the 1951 Regular Session of the Florida State Legislature." Mr. Clement moved the adoption of Amendment No. 4. The motion was agreed to, and Amendment No. 4 was adopted by a two-thirds vote. Amendment No. 5- Mr. Collins of Sarasota offered the following amendment to House Resolution No. 37-X('49): Strike out the words "three Members" wherever they appear in the resolution and in the title and insert in lieu thereof: "five Members". Mr. Collins moved the adoption of Amendment No. 5. The motion was agreed to, and Amendment No. 5 was adopted by a two-thirds vote. Mr. Patton moved the adoption of the resolution, as amended. The motion was agreed to. House Resolution No. 37-X('49), as amended, was adopted by a two-thirds vote, and was referred to the Chief Clerk for engrossment. ANNOUNCEMENTS The Speaker announced that under House Resolution No. 37-X('49) the following committee had been appointed: Messrs. Patton, Chairman; Clement, Burnsed, Bollinger and Smith of Polk. Mr. Clement moved that the rules be waived aid the House now take up and consider the Calendar of Local Bills. Pending consideration thereof, Mr. Bryant offered a substitute motion that the rules be waived and the House now take up and consider the Calen- dar of Local Bills after which it would revert to the regular order of business. The substitute motion was agreed to by a two-thirds vote, and it was so ordered. CONSIDERATION OF LOCAL BILLS H. B. No. 51-X('49)-A bill to be entitled An Act pilojdine that in all counties having a population of more tlinn 2900 and not more than 2975 according to the last State Census, the members of the Board of County Commissioners shall receive a salary of twelve hundred ($1200) dollars per year, each payable in twelve equal installments out of and from the General Revenue Fund of said county and repealing all laws and parts of laws in conflict herewith. -was taken up. Mr. Hendry moved that the rules be waived and House Bill No. 51-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 51-X('49) was read a second time by title. Mr. Hendry moved that the rules be further waived and House Bill No. 51-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 51-X('49) was read a third time in full. JOURNAL OF THE HOUSE OF REPRESENTATIVES Sept. 16, 1949 When the vote was taken result was: Ayes: Mr. Speaker Dayton Allen Dekle Andrews Douglas Beasley Dunn Bedenbaugh Elliott Black Frank Bollinger Fuqua Botts Haley Branch Heath Bridges Henderson Bryant Hendry Burnsed Hethcox Burton Hough Burwell Hudson Carlton Johnson Carraway Keith Clement Lancaster, D. Cobb Lancaster, H. Collins Lantaff Copeland Luckie Courtney MacWilliam David Mathis Ayes-85. Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 61-X('49) -A bill to be entitled An Act fixing the annual salary of the tax assessor and tax collector for all counties having a population of not less than 4975, or more than 5065, according to the most recent State Census, and repealing all laws in conflict herewith. -was taken up. Mr. Nesmith moved that the rules be waived and House Bill No. 61-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 61-X('49) was read a second time by title. Mr. Nesmith moved that the rules be further waived and House Bill No. 61-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 61-X('49) was read a third time in full. When the v result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Copeland Courtney David Ayes-85. Nays-None. ote was taken on the passage of the bill the Dayton Dekle Douglas Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin Simpson McClure Slaughter Melvin Smith, L. W. Merchant Smith, M. B. Merritt Smith, W. A. Moody Stewart Morgan Stockdale Nesmith Strayhorn Odham Summers Papy Surles Parker Sweeny Pearce Tapper Pooser Thornal Roberts, J. P. Usina Roberts, Roy Whitlock Rood Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh Sellar Shepperd So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 42-X('49) -A bill to be entitled An Act for the relief of Mrs. Louise Thrasher, widow of former constable T. F. Thrasher, deceased; A. F. Graves, deputy constable; and E. G. Duckworth, justice of the peace, both of District No. 1, Orange County, Florida, for certain court costs and expenses of said justice of the peace court. -was taken up. Mr. Andrews moved that the rules be waived and House Bill No. 42-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 42-X('49) was read a second time by title. Mr. Andrews moved that the rules be further waived and House Bill No. 42-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 42-X('49) was read a third time in full. on the passage of the bill the McAlpin Simpson McClure Slaughter Melvin Smith, L. W. Merchant Smith, M. B. Merritt Smith, W. A. Moody Stewart Morgan Stockdale Nesmith Strayhorn Odham Summers Papy Surles Parker Sweeny Pearce rapper Pooser rhornal Roberts, J. P. Usina Roberts, Roy Whitlock Rood Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh Sellar Shepperd vote was taken on the passage of the bill the Dayton Dekle Douglas Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin Simpson McClure Slaughter Melvin Smith, L. W. Merchant Smith, M. B. Merritt Smith, W. A. Moody Stewart Morgan Stockdale Nesmith Strayhorn Odham Summers Papy Surles Parker Sweeny Pearce Tapper Pooser Thornal Roberts, J. P. Usina Roberts, Roy Whitlock Rood Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh Sellar Shepperd Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 43-X('49)-A bill to be entitled An Act to provide for the use of voting machines for all elections in Orange County, Florida, and providing for County Commissioners or governing authorities to purchase, lease, or rent machines for election purposes. -was taken up. Mr. Andrews moved that the rules be waived and House Bill No. 43-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 43-X('49) was read a second time by title. Mr. Andrews moved that the rules be further waived and House Bill No. 43-X('49) be read a third time in full and placed upon its passage. The motion was agreed to Bill No. 43-X('49) was read When the vote was taken result was: Ayes: Mr. Speaker Bollinger Allen Botts Andrews Branch Beasley Bridges Bedenbaugh Bryant Black Burnsed by a two-thirds vote and House a third time in full. on the passage of the bill the Burton Burwell Carlton Carraway Clement Cobb Collins Copeland Courtney David Dayton Dekle 58 When the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Copeland Courtney David Ayes-85. Sept. 16, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES Douglas Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Ayes-85. Nays-None. Lantaff Luckie MacWilliam Mathis McAlpin McClure Melvin Merchant Merritt Moody Morgan Nesmith Odham Papy Parker Pearce Pooser Roberts, J. P. Roberts, Roy Rood Saunders, D. H. Saunders, S. D. Scarborough Schuh Sellar Shepperd Simpson Slaughter Smith, L. W. Smith, M. B. Smith, W. A. Stewart So the bill passed by a two-thirds vote immediately certified to the Senate. Stockdale Strayhorn Summers Surles Sweeny rapper rhornal Usina Whitlock Williams Wise Wotitzky Yeomans nd was ordered H. B. No. 44-X('49)-A bill to be entitled An Act relating to the establishment and creation of fire control districts in certain parts of Orange County, Florida; providing for the levying of taxes for the payment of costs and expenses; and providing for a referendum thereon within Districts. -was taken up. Mr. Andrews moved that the rules be waived and House Bill No. 44-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 44-X('49) was read a second time by title. Mr. Andrews moved that the rules be further waived and House Bill No. 44-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 44-X('49) was read a third time in full. When the v result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Copeland Courtney David Ayes-85. Nays-None. ote was taken on the passage of the bill the Dayton Dekle Douglas Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin McClure Melvin Merchant Merritt Moody Morgan Nesmith Odham Papy Parker Pearce Pooser Roberts, J. P. Roberts, Roy Rood Simpson Slaughter Smith, L. W. Smith, M. B. Smith, W. A. Stewart Stockdale Strayhorn Summers Surles Sweeny Tapper Thornal Usina Whitlock Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh Sellar Shepperd So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 65-X('49)-A bill to be entitled An Act authorizing the Board of County Commissioners of DeSoto County, Florida, to annually levy a rate of millage not to exceed two mills against all of the taxable property in said county, for the purpose of bridge construction, maintenance, and repair thereof in DeSoto County, Florida. -was taken up. Mr. Parker moved that the rules be waived and House Bill No. 65-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 65-X('49) was read a second time by title. Mr. Parker moved that the rules be further waived and House Bill No. 65-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 65-X('49) was read a third time in full. When the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Copeland Courtney David Ayes-85. vote was taken on the passage of the bill the Dayton Dekle Douglas Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin Simpson McClure Slaughter Melvin Smith, L. W. Merchant Smith, M. B. Merritt Smith, W. A. Moody Stewart Morgan Stockdale Nesmith Strayhorn Odham Summers Papy Surles Parker Sweeny Pearce Tapper Pooser Thornal Roberts, J. P. Usina Roberts, Roy Whitlock Rood Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh Sellar Shepperd Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 68-X('49)-A bill to be entitled An Act author- izing the Board of County Commissioners of Martin County, Florida, to contribute not to exceed five hundred $500.001 dollars annually for the support and maintenance of one non profit organization in each community in Martin County, Florida, and authorizing a tax levy for such purpose. -was taken up. Mr. Keith moved that the rules be waived and House Bill No. 68-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 68-X('49) was read a second time by title. Mr. Keith moved that the rules be further waived and House Bill No. 68-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 68-X('49) was read a third time in full. When the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bryant Burnsed Burton vote was taken on the passage of the bill the Burwell Carlton Carraway Clement Cobb Collins Copeland Courtney David Dayton Dekle Douglas Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckle MacWilliam Mathis McAlpin McClure Melvin Merchant Merritt Moody Morgan Nesmith 59 JOURNAL OF THE HOUSE OF REPRESENTATIVES Sept. 16, 1949 Odham Saunders, S. D. Smith, W. A. Usina Papy Scarborough Stewart Whitlock Parker Schuh Stockdale Williams Pearce Sellar Strayhorn Wise Pooser Shepperd Summers Wotitzky Roberts, J. P. Simpson Surles Yeomans Roberts, Roy Slaughter Sweeny Rood. Smith, L. W. Tapper Saunders, D. H. Smith, M. B. Thornal Ayes-85. Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified td the Senate. H. B. No. 69-X('49)-A bill to be entitled An Act to validate and confirm all acts and proceedings relative to the calling, holding, conducting and canvassing the returns of an election held in the area of the present municipality of Lauderdale- by-the-Sea, said election being held on December 17, 1947, and said election being held in compliance with and in con- formance with the terms and provisions and requirements as set forth in that Special Act of the Florida Legislature, being Chapter 24658 of the 1947 Legislature. -was taken up. Mr. David moved that the rules be waived and House Bill No. 69-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 69-X('49) was read a second time by title. Mr. David moved that the rules be further waived and House Bill No. 69-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 69-X('49) was read a third time in full. When the v result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Copeland Courtney David Ayes-85. Nays-None. ote was taken on the passage of the bill the Dayton Dekle Douglas Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin Simpson McClure Slaughter Melvin Smith, L. W. Merchant Smith, M. B. Merritt Smith, W. A. Moody Stewart Morgan Stockdale Nesmith Strayhorn Odham Summers Papy Surles Parker Sweeny Pearce Tapper Pooser Thornal Roberts, J. P. Usina Roberts, Roy Whitlock Rood Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh Sellar Shepperd So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 70-X('49)-A bill to be entitled An Act ratifying, confirming, validating and legalizing the assessments and valuations of properties and levies of taxes made by the Town of Lauderdale-by-the-Sea, Broward County, Florida, for the year 1948, and authorizing the collection of said taxes in the manner provided by law. --was taken up. Mr. Burwell moved that the rules be waived and House Bill No. 70-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 70-X('49) was read a second time by title. Mr. Burwell moved that the rules be further waived and House Bill No. 70-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 70-X('49) was read a third time in full. When the v result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Copeland Courtney David Ayes-85. Nays-None. 'ote was taken on the passage of the bill the Dayton Dekle Douglas Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin Simpson McClure Slaughter Melvin Smith, L. W. Merchant Smith, M. B. Merritt Smith, W. A. Moody Stewart Morgan Stockdale Nesmith Strayhorn Odham Summers Papy Surles Parker Sweeny Pearce Tapper Pooser Thornal Roberts, J. P. Usina Roberts, Roy Whitlock Rood Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh Sellar Shepperd So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 72-X('49)-A bill to be entitled An Act authorizing the City Commission of the City of Jacksonville to lease advertising space on its parking meters and the stands sup- porting said meters. -was taken up. Mr. Morgan moved that the rules be waived and House Bill No. 72-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 72-X('49) was read a second time by title. Mr. Morgan moved that the rules be further waived and House Bill No. 72-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 72-X('49) was read a third time in full. When the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bryant Burnsed Burton Burwell Carlton Carraway vote was taken on the passage of the bill the Clement Cobb Collins Copeland Courtney David Dayton Dekle Douglas Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam. Mathis McAlpin McClure Melvin Merchant Merritt Moody Morgan Nesmith Odham Papy Parker Pearce Pooser Roberts, J. P. Roberts, Roy Rood Saunders, D. H. Saunders, S. D. Scarborough Schuh 60 JOURNAL OF THE HOUSE OF REPRESENTATIVES Sellar Smith, W. A. Sweeny Wise Shepperd Stewart Tapper Wotitzky Simpson Stockdale Thornal Yeomans Slaughter Strayhorn Usina Smith, L. W. Summers Whitlock Smith, M. B. Surles, Williams Ayes-85. Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 73-X('49)-A bill to be entitled An Act amending Section 6 of Chapter 18610, Laws of Florida, Special Acts of 1937, as amended by Section 5 of Chapter 19902, Laws of Florida, Special Acts of 1939, and as further amended by Section 2 of Chapter 21320, Laws of Florida, Special Acts of 1941, entitled, "An Act providing for pensions for employees of the City of Jacksonville." -was taken up. Mr. Carlton moved that the rules be waived and House Bill No. 73-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 73-X('49) was read a second time by title. Mr. Carlton moved that the rules be further waived and House Bill No. 73-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 73-X('49) was read a third time in full. When the v result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Copeland Courtney David Ayes-85. Nays-None. ote was taken on the passage of the bill the Dayton Dekle Douglas Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam' Mathis McAlpin Simpson McClure Slaughter Melvin Smith, L. W. Merchant Smith, M. B. Merritt Smith, W. A. Moody Stewart Morgan Stockdale Nesmith Strayhorn Odham Summers Papy Surles Parker Sweeny Pearce Tapper Pooser Thornal Roberts, J. P. Usina Roberts, Roy Whitlock Rood Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh Sellar Shepperd So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 74-X('49)-A bill to be entitled An Act apportion- ing to the Board of County Commissioners and County Board of Public Instruction, funds payable to Levy County subsequent to July 1, 1950, from revenue provided by Chapters 550 and 551, Florida Statutes of 1941, and from any other county apportionable tax or license revenue from games and amuse- ments: and providing the manner and purposes for which said funds are to be disbursed by said boards. -was taken up. Mr. Allen moved that the rules be waived and House Bill No. 74-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 74-X('49) was read a second time by title. 61 Mr. Allen moved that the rules be further waived and House Bill No. 74-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 74-X('49) was read a third time in full. When the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Copeland Courtney David Ayes-85. vote was taken on the passage of the bill the Dayton Dekle Douglas Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin Simpson McClure Slaughter Melvin Smith, L. W. Merchant Smith, M. B. Merritt Smith, W. A. Moody Stewart Morgan Stockdale Nesmith Strayhorn Odham Summers Papy Surles Parker Sweeny Pearce Tapper Pooser Thornal Roberts, J. P. Usina Roberts, Roy Whitlock Rood Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh Sellar Shepperd Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 75-X('49)-A bill to be entitled An Act authorizing the City of Jacksonville to acquire real estate for the extension of recreational facilities; requiring the sum of one hundred thousand dollars ($100,000.00) to be set up in the annual budget each year for four years in a recreational facilities fund for the purpose of acquiring such real estate, and requiring the use of such funds exclusively for such purpose; and authorizing the execution and issuance of certain instruments secured solely by a pledge of the moneys in such fund for the acquisi- tion of such real estate. -was taken up. Mr. Carlton moved that the rules be waived and House Bill No. 75-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 75-X('49) was read a second time by title. Mr. Carlton moved that the rules be further waived and House Bill No. 75-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 75-X('49) was read a third time in full. When the vote was taken on the passage of the bill the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Copeland Courtney David Dayton Dekle Douglas Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin McClure Melvin Merchant Merritt Moody Morgan Nesmith Odham Papy Parker Pearce Pooser Roberts, J. P. Roberts, Roy Rood Sept. 16, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES Saunders, D. H. Slaughter Saunders, S. D. Smith, L. W. Scarborough Smith, M. B. Schuh Smith, W. A. Sellar Stewart Shepperd Stockdale Simpson Strayhorn Summers Surles Sweeny Tapper Thornal Usina Whitlock Williams Wise Wotitzky Yeomans Ayes-85. Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 76-X('49)-A bill to be entitled An Act amending Section 1 and Section 4 of Chapter 24618, Laws of Florida, Acts of 1947, entitled, "An Act affecting the government of the City of Jacksonville by creating and providing for a recreation department and board for said City, prescribing its power and duties and authorizing the issuance of revenue certificates to finance the cost of providing recreational facili- ties"; so as to remove the limitation placed upon the pay- ment of salaries and to increase the authorization for the issuance of revenue certificates from two hundred thousand dollars to nine hundred fifty thousand dollars. -was taken up. Mr. Morgan moved that the rules be waived and House Bill No. 76-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 76-X('49) was read a second time by title. Mr. Morgan moved that the rules be further waived and House Bill No. 76-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 76-X('49) was read a third time in full. When the vote was taken on the passage of the bill result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Copeland Courtney David Dayton Dekle Douglas Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin Simpson McClure Slaughter Melvin Smith, L. W. Merchant Smith, M. B. Merritt Smith, W. A. Moody Stewart Morgan Stockdale Nesmith Strayhorn Odham Summers Papy Surles Parker Sweeny Pearce Tapper Pooser Thornal Roberts, J. P. Usina Roberts, Roy Whitlock Rood Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh Sellar Shepperd Ayes-85. Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 77-X('49)-A bill to be entitled An Act amend- ing Section 1 of Chapter 25339, Laws of Florida, Acts of 1949, the same being entitled: "An Act providing for the disposi- tion of all funds that are now or may hereafter be due Wakulla County, Florida, from race track funds under the provisions of Chapter 14832, Laws 'of Florida, Acts of 1931, and any Acts amendatory thereof or supplemental thereto, or any other race track Acts." -was taken up. Sept. 16, 1949 Mr. Nesmith moved that the rules be waived and House Bill No. 77-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 77-X('49) was read a second time by title. Mr. Nesmith moved that the rules be further waived and House Bill No. 77-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 77-X('49) was read a third time in full. When the vote was taken result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Copeland Courtney David Dayton Dekle Douglas Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis on the passage of the bill the McAlpin Simpson McClure Slaughter Melvin Smith, L. W. Merchant Smith, M. B. Merritt Smith, W. A. Moody Stewart Morgan Stockdale Nesmith Strayhorn Odham Summers Papy Surles Parker Sweeny Pearce Tapper Pooser Thornal Roberts, J. P. Usina Roberts, Roy Whitlock Rood Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh Sellar Shepperd Ayes-85. Nays-None. So the bill passed by a two-thirds vote and was ordered certified immediately to the Senate. H. B. No. 81-X('49)-A bill to be entitled An Act author- izing the City Commission of the City of DeLand, Florida, to establish and create by ordinance, a pension annuity and retirement system for any or all groups of officers and em- ployees employed by said city; to provide benefits under in- surance contracts issued by a carrier authorized to do business in Florida; to provide for contribution to the costs thereof on an actuarial basis; to provide for the manner in which officers and employees may come under the operation of said system; to provide for repayment to members leaving the service of the city; to provide for contributions into said sys- tem by the City of DeLand in an amount necessary to create an adequate pension plan. -was taken up. Mr. Sweeny moved that the rules be waived and House Bill No. 81-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 81-X('49) was read a second time by title. Mr. Sweeny moved that the rules be further waived and House Bill No. 81-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 81-X('49) was read a third time in full. When the vote was taken on the passage of the bill the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Copeland Courtney David Dayton Dekle Douglas Dunn Elliott Frank JOURNAL OF THE HOUSE OF REPRESENTATIVE Puqua Mathis Roberts, Roy Strayhorn Haley McAlpin Rood Summers Heath McClure Saunders, D. H. Surles Henderson Melvin Saunders, S. D. Sweeny Hendry Merchant Scarborough Tapper Hethcox Merritt Schuh Thornal Hough Moody Sellar Usina Hudson Morgan Shepperd Whitlock Johnson Nesmith Simpson Williams Keith Odham Slaughter Wise Lancaster, D. Papy Smith, L. W. Wotitzky Lancaster, H. Parker Smith, M. B. Yeomans Lantaff Pearce Smith, W. A. Luckie Pooser Stewart MacWilliam Roberts, J. P. Stockdale Ayes-85. Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 82-X('49)-A bill to be entitled An Act fixing the compensation of members of the Board of Public Instruc- tion of Citrus County, State of Florida and providing the time of payment of such compensation. -was taken up. Mr. Yeomans moved that the rules be waived and House Bill No. 82-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 82-X('49) was read a second time by title. Mr. Yeomans moved that the rules be further waived and House Bill No. 82-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 82-X('49) was read a third time in full. When the v result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Copeland Courtney David Ayes-85. Nays-None. ote was taken on the passage of the bill the Dayton Dekle Douglas Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin Simpson McClure Slaughter Melvin Smith, L. W. Merchant Smith, M. B. Merritt Smith, W. A. Moody Stewart Morgan Stockdale Nesmith Strayhorn Odham Summers Papy Surles Parker Sweeny Pearce Tapper Pooser Thornal Roberts, J. P. Usina Roberts, Roy Whitlock Rood Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh Sellar Shepperd So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. CONSIDERATION OF SENATE LOCAL BILLS Senate Bill No. 10-X(49): A bill to be entitled An Act authorizing and directing the Board of County Commissioners of Duval County to appoint and employ a County Medical Examiner to be named and recommended to the Board by the State Attorney for the Fourth Judicial Circuit which includes Duval County; to fix the term of his employment and his compensation; to provide 63 said Medical Examiner shall be empowered to investigate deaths of persons resulting from criminal violations, by casual- ties, by suicide, suddenly when in apparent good health, when not attended by a physician, in prison or in any suspicious or unusual manner; to make investigation or examination, when called upon by the State Attorney of said Judicial Circuit in respect to any female person allegedly raped; to provide the County Medical Examiner shall make a report of all investi- gations and examinations and otherwise to prescribe the powers and duties of such County Medical Examiner; to provide for Assistant Examiners and other personnel necessary to carry out the provisions hereof; and to provide for and authorize funds, to provide, set up, establish and erect the necessary properties and facilities for carrying out the purposes hereof; and to authorize the performance of autopsies. -was taken up. Mr. Carlton moved that the rules be waived and Senate Bill No. 10-X(49) be read a second time by title. The motion was agreed to by a two-thirds vote and Senate Bill No. 10-X(49) was read a second time by title. Amendment No. 1- Mr. Carlton of Duval offered the following amendment to Senate Bill No. 10-X('49): In Section 4, line 3, of the bill strike out the comma (,). Mr. Carlton moved the adoption of Amendment No. 1. The motion was agreed to, and Amendment No. 1 was adopted by a two-thirds vote. Amendment No. 2- Mr. Carlton of Duval, offered the following amendment to Senate Bill No. 10-X('49): In Section 1, lines 9, 10 and 11, of the bill, strike out the words: "a doctor of medicine, duly admitted and licensed to practice medicine in the State of Florida" and insert the fol- lowing in lieu thereof: "a licensed physician or surgeon of the State of Florida". Mr. Carlton moved the adoption of Amendment No. 2. The motion was agreed to, and Amendment No. 2 was adopted by a two-thirds vote. Amendment No. 3- Mr. Carlton of Duval, offered the following amendment to Senate Bill No. 10-X('49): In Section 3, line 5, of the bill, strike out the words: "doctors of medicine duly admitted and licensed to practice medicine in the State of Florida" and insert the following in lieu thereof: "licensed physicians or surgeons of the State of Florida," Mr. Carlton moved the adoption of Amendment No. 3. The motion was agreed to, and Amendment No. 3 was adopted by a two-thirds vote. Mr. Carlton moved that the rules be further waived and Senate Bill No. 10-X('49), as amended, be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and Senate Bill No. 10-X('49), as amended, was read a third time in full. When the result was: Ayes: Mr. Speaker Andrews Beasley 'Bedenbaugh Bollinger Botts Branch Bronson Bryant Burnsed vote was taken on the passage of the bill the Burton Burwell Carlton Carraway Clement Cobb Collins Cook Courtney David Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lancaster, H. Lantaff Luckie Sept. 16, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES MacWilliam Papy Scarborough Summers Mathis Parker Schuh Surles McAlpin Patton Sellar Sweeny McClure Pearce Shepperd Tapper Melvin Peeples Simpson Thornal Merchant Pooser Slaughter Usina Merritt Roberts, J. P. Smith, L. W. Williams Moody Roberts, Roy Smith, M. B. Wise Morgan Rood Stewart Wotitzky Nesmith Saunders, D. H. Stockdale Yeomans Odham Saunders, S. D. Strayhorn Ayes-83. Nays-None. So the bill passed, as amended, by a two-thirds vote and was ordered immediately certified to the Senate after engrossment by the Chief Clerk. Senate Bill No. 27-X(49): A bill to be entitled An Act to amend Section 37.01 of Chapter 37, Florida Statutes 1941, relating to jurisdiction of Justices of the Peace Courts, and making certain exemptions for counties in special classifications. -was taken up. Mr. Scarborough moved that the rules be waived and Senate Bill No. 27-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and Senate Bill No. 27-X('49) was read a second time by title. Mr. Scarborough moved that the rules be further waived and Senate Bill No. 27-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and Senate Bill No. 27-X('49) was read a third time in full. When the result was: Ayes: Mr. Speaker Andrews Beasley Bedenbaugh Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carraway Clement Cobb Collins Cook Courtney David Nays: Whitlock vote was taken on the passage of the bill the Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Schuh Mathis Shepperd McClure Simpson Melvin Slaughter Merchant Smith, L. W. Merritt Smith, M. B. Moody Stewart Morgan Stockdale Nesmith Strayhorn Odham Summers Papy Surles Patton Sweeny Pearce Tapper Pooser Thornal Roberts, J. P. Usina Roberts, Roy Williams Rood Wise Saunders, D. H. Wotitzky Saunders, S. D. Yeomans Scarborough Mr. Whitlock requested his -vote be changed from "nay" to "aye". Mr. Black requested to be recorded as voting "aye". Ayes-81. Nays-Noae. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. CONSIDERATION OF ROAD DESIGNATION BILLS H. B. No. 12-X('49)-A bill to be entitled An Act designat- ing and establishing a certain State Road in Saint Lucie County, Florida. -was taken up. Sept. 16, 1949 Mr. Saunders of St. Lucie moved that the rules be waived and House Bill No. 12-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 12-X('49) was read a second time by title. Mr. Saunders of St. Lucie moved that the rules be further waived and House Bill No. 12-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 12-X('49) was read a third time in full. When the vote was taken on the passage of the bill the result was: Ayes: Mr. Speaker Andrews Beasley Bedenbaugh Black Bollinger Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Courtney David Ayes-82. Nays-None. Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hethcox Hendry Hough Hudson Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin McClure Shepperd McKendree Simpson Melvin Slaughter Merchant Smith, L. W. Merritt Smith, M. B. Moody 3tewart Morgan Stockdale Nesmith Strayhorn Odham Summers Papy Surles Patton Sweeny Pearce Tapper Pooser Thornal Roberts, J. P. Usina Roberts, Roy Whitlock Rood Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh Sellar So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. H. B. No. 59-X('49)-A bill to be entitled An Act designat- ing and establishing a certain road in Pinellas County, Flor- ida, to be a State Road. -was taken up. Mr. McClure moved that the rules be waived and House Bill No. 59-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 59-X('49) was read a second time by title. Amendment No. 1- The Committee on Public Roads offered the following amendment to House Bill No. 59-X('49): In Section 1, line 12, of the bill, after the words: "northern end of Sand Key" strike out the words: "Same to be 100 feet wide". Mr. McClure moved the adoption of the amendment. The motion was agreed to, and the amendment was adopted by a two-thirds vote. Mr. McClure moved that the rules be further waived and House Bill No. 59-X('49), as amended, be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 59-X('49), as amended, was read a third time in full. When the vote was taken on the passage of the bill the result was: Ayes: Mr. Speaker Black Bronson Burwell Andrews Bollinger Bryant Carlton Beasley Branch Burnsed Carraway Bedenbaugh Bridges Burton Clement Sept. 16, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES Cobb Collins Cook Courtney David Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Ayes-82. Nays-None. Hethcox Hough Hudson Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin McClure McKendree Melvin Merchant Merritt Moody Morgan Nesmith Odham Smith, M. B. Papy Stewart Patton Stockdale Pearce Strayhorn Pooser Summers Roberts, J. P. Surles Roberts, Roy Sweeny Rood Tapper Saunders, D. H. Thornal Saunders, S. D. Usina Scarborough Whitlock Schuh Williams Sellar Wise Shepperd Wotitzky Simpson Yeomans Slaughter Smith, L. W. So the bill passed by a two-thirds vote and was ordered referred to the Chief Clerk for engrossment. H. B. No. 83-X('49)-A bill to be entitled An Act desig- nating and establishing a certain state road. -was taken up. Mr. Whitlock moved that the rules be waived and House Bill No. 83-X('49) be read a second time by title. - The motion was agreed to by a two-thirds vote and House Bill No. 83-X('49) was read a second time by title. Mr. Whitlock moved that the rules be further waived and House Bill No. 83-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and House Bill No. 83-X('49) was read a third time in full. When the v result was: Ayes: Mr. Speaker Andrews Beasley Bedenbaugh Black Bollinger Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Courtney David Ayes-82. Nays-None. ote was taken on the passage of the bill the Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin McClure Shepperd McKendree Simpson Melvin Slaughter Merchant Smith, L. W. Merritt Smith, M. B. Moody Stewart Morgan Stockdale Nesmith Strayhorn Odham Summers Papy Surles Patton Sweeny Pearce Tapper Pooser Thornal Roberts, J. P. Usina Roberts, Roy Whitlock Rood Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh Sellar So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. Senate Bill No. 23-X(49)-A bill to be entitled An Act to declare, designate and establish a certain State Road in Suwannee County, Florida. -was taken up. Mr. Slaughter moved that the rules be waived and Senate Bill No. 23-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and Senate Bill No. 23-X('49) was read a second time by title. Mr. Slaughter moved that the rules be further waived and Senate Bill No. 23-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and Senate Bill No. 23-X('49) was read a third time in full. When the ve result was: Ayes: Mr. Speaker Andrews Beasley Bedenbaugh Black Bollinger Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Courtney David Ayes-82. Nays-None. ote was taken on the passage of the bill the Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin McClure Shepperd McKendree Simpson Melvin Slaughter Merchant Smith, L. W. Merritt Smith, M. B. Moody Stewart Morgan Stockdale Nesmith Strayhorn Odham Summers Papy Surles Patton Sweeny Pearce Tapper Pooser Thornal Roberts, J. P. Usina Roberts, Roy Whitlock Rood WiUiams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh Sellar So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate after engrossment by the Chief Clerk. Mr. Simpson moved that the rules be waived and the House now proceed to the consideration of Messages from the Senate, and then revert to the order of Receiving of Communications. The motion was agreed to by a two-thirds vote, and it was so ordered. MESSAGES FROM THE SENATE The following messages from the Senate were received and read: SENATE CHAMBER Tallahassee, Florida, September 13, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- Senate Bill No. 28-X(49): A bill to be entitled An Act to amend Chapter 25,500, Laws of Florida, Special Acts of 1949, the same having amend- ed Chapter 24,826, Laws of Florida, Special Acts of 1947, and Chapter 23,483, Laws of Florida, Special Acts of 1945, which latter Act created for Pinellas County, Florida, a Board of Juvenile Welfare, by providing that the members of said Board shall be the County Superintendent of Public Instruc- tion, the Vice-Chairman of the Board of County Commis- sioners, and the Juvenile Judge of said County, and four other members who shall be appointed by the Governor; and fur- ther providing for the terms of office for the members of said Board; and also providing that the tax monies collected for the maintenance of said Board shall be paid over annually to the Board up to and including the sum of $75,000.00, and that all monies over the said sum annually collected shall be placed in the General Fund of said County; and also providing that fidelity bonds in the amount of $1,000.00 each shall be re- quired only of the two members of the said board who sign its checks. Proof of Publication attached to above bill. 65 JOURNAL OF THE HOUSE OF REPRESENTATIVES Also- Senate Bill No. 29-X(49): A bill to be entitled An Act to authorize the City of Gaines- ville to levy taxes under the provisions of Chapter 22,829, Laws of Florida, 1945; in anticipation of the collection of such taxes to issue revenue certificates secured by pledge of and payable from all or part of the proceeds thereof; providing for the sale of such certificates and the uses which may be made of the proceeds thereof; providing for the security of such certificates, and making other provisions with respect to the foregoing. Proof of Publication attached to above bill. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Proof of publication of Notice attached to S. B. No. 28-X(49). The'House of Representatives thereupon determin- ed that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 28-X(49) contained in the above mes- sage, was read the first time by title and ordered placed on the Local Calendar. Proof of publication of Notice attached to S. B. No. 29-X(49). The House of Representatives thereupon determin- ed that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. Introduction of the bill was agreed to by a two-thirds vote of the House. Mr. Black moved that the rules be waived and Senate Bill No. 29-X(49) be read a second time by title. The motion was agreed to by a two-thirds vote and Senate Bill No. 29-X(49) was read a second time by title. Mr. Black moved that the rules be further waived and Senate Bill No. 29-X(49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and Senate Bill No. 29-X(49) was read a third time in full. When the v result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Botts Branch Bridges Bronson Bryant Burnsed Burwell Carlton Carraway Clement Cobb Collins Cook Courtney David Dayton Ayes-87. Nays-None. )te was taken on the passage of the bill the Dekle Douglas Dowda Dunn Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lantaff Luckie MacWilliam Mathis McAlpin McClure McKendree McMullen Sellar Melvin Shepperd Merchant Simpson Merritt Slaughter Moody Smith, L. W. Morgan Smith, M. B. Nesmith Smith, W. A. Odham Stewart Okell Stockdale Papy Strayhorn Parker Summers Patton Surles Pearce Sweeny Peeples Tapper Phillips Thornal Pooser Usina Roberts, J. P. Whitlock Rood Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh Sept. 16, 1949 So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. SENATE CHAMBER Tallahassee, Florida, September 13, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Rep- resentatives that the Senate has passed- Senate Bill No. 34-X(49): A bill to be entitled An Act authorizing the City of Sanford, Florida, in Seminole County, Florida, to acquire real and per- sonal property for pier or wharf, slip, warehouse, terminal facilities and other improvements relative thereto, and to use for such purposes any real and personal property now owned by said City, and authorizing said City to construct and to maintain and operate any such pier or wharf, slip, warehouse, terminal facilities and other improvements relative thereto; authorizing said City to borrow money from the United States or any of its agencies or from any private source for the pur- pose of financing said project; and providing that any obliga- tions issued for any money borrowed to finance said project shall be paid, both principal and interest, solely and only from net revenue produced from said project, and from park- ing meter revenue of the City of Sanford pledged for such purposes: and providing for the rights, security and remedies of the holders of revenue obligations issued to finance such purposes. Proof of Publication attached to above bill. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Proof of publication of Notice attached to S. B. No. 34-X('49). 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. Introduction of the bill was agreed to by a two-thirds vote of the House. Mr. Smith of Seminole, moved that the rules be waived and Senate Bill No. 34-X('49) be read a second time by title. The motion was agreed to by a two thirds vote and Senate Bill No. 34-X('49) was read a second time by title. Mr. Smith of Seminole, moved that the rules be further waived and Senate Bill No. 34-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two thirds vote and Senate Bill No. 34-X('49) was read a third time in full. When the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Botts Branch Bridges Bronson Bryant Burnsed Burwell Carlton Carraway Clement vote was taken on the passage of the bill the Cobb Collins Cook Courtney David Dayton Dekle Douglas Dowda Dunn Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lantaff Luckie MacWilliam Mathis McAlpin McClure McKendree McMullen Melvin Merchant Merritt Moody Morgan Nesmith Odham Okell Papy Parker Patton Pearce Peeples Phillips Pooser Roberts, J. P. Rood Saunders, D. H. Saunders, S. D. 66 Scarborough Smith, L. W. Summers w imuocs Schuh Smith, M. B. Surles Williams Sellar Smith, W. A. Sweeny Wise Shepperd Stewart Tapper Wotitzky Simpson Stockdale Thornal Yeomans Slaughter Strayhorn Usina Ayes-87. Nays-None. So the bill passed by a two-thirds vote and was ord immediately certified to the Senate. SENATE CHAMBER Tallahassee, Florida, September 13, 1949. ered The Honorable Perry E. Murray, 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. 37-X((49)-A bill to be entitled An Act amending Section 1 of Chapter 25339, Laws of Florida, Acts of 1949, the same being entitled: "An Act providing for the disposi- tion of all funds that are now or may hereafter be due Wakulla County, Florida, from race track funds under the provisions of Chapter 14832, Laws of Florida, Acts of 1931, and any acts amendatory thereof or supplemental thereto, or any other race track acts." Proof of Publication attached to above bill. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Proof of publication of Notice attached to S. B. No. 37-X('49). 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. Introduction of the bill was agreed to by a two-thirds vote of the House. Mr. Nesmith moved that the rules be waived and Senate Bill No. 37-X('49) be read a second time by title. The motion was agreed to by a two thirds vote and Senate Bill No. 37-X('49) was read a second time by title. Mr. Nesmith moved that the rules be further waived and Senate Bill No. 37-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two thirds vote and Senate Bill No. 37-X('49) was read a third time in full. When the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Botts Branch Bridges Bronson Bryant Burnsed Burwell Carlton Carraway Clement Cobb vote was taken on the passage of the bill the Collins Cook Courtney David Dayton Dekle Douglas Dowda Dunn Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lantaff Luckie MacWilliam Mathis McAlpin McClure McKendree McMullen Melvin Merchant Merritt Moody Morgan Nesmith Odham Okell Papy Parker Patton Pearce Peeples Phillips Pooser Roberts, J. P. Rood Saunders, D. H. Saunders, S. D. Scarborough Schuh Sellar Shepperd Simpson Stewart Sweeny Williams Slaughter Stockdale Tapper Wise Smith, L. W. Strayhorn Thornal .Wotitzky Smith, M. B. Summers Usina Yeomans Smith, W. A. Surles Whitlock Ayes-87. Nays-None. So the bill passed by a two-thirds vote and was ordi immediately certified to the Senate. SENATE CHAMBER Tallahassee, Florida, September 13, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: 67 ered I am directed by the Senate to inform the House of Repre- sentatives that the Senate has passed- S. B. No. 41-X(49)-A bill to be entitled An Act to repeal Chapter 23267, Laws of Florida, Special Acts of 1945, being "An Act to forbid the conduct in Escambia County, Florida, of traveling shows, expositions or amusement enterprises, as defined in Section 205.31, Florida Statutes, 1941, within a specified time before the holding of any agricultural public fair or exposition in said county and for other purposes". Proof of Publication attached to above bill. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Proof of publication of Notice attached to S. B. No. 41-X('49). 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. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 41-X('49) contained in the above mes- sage, was read the first time by title and ordered placed on the Local Calendar. SENATE CHAMBER Tallahassee, Florida, Sept. 13, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- S. B. No. 38-X(49)-A bill to be entitled An Act relating to elections to prohibit candidates for public office in all counties of the State of Florida having a population of not less than five thousand and not more than five thousand and sixty, according to the last state census, who have qualified to run in the Democratic primary elections, and who were not the nominees duly elected in such primary, to become a candidate in the general elections during any year. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 38-X('49), contained in the above message, was read the first time by title and referred to the Committee on Local Government. Sept. 16, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES ----- JOURNAL OF THE HOUSE OF REPRESENTATIVES SENATE CHAMBER Tallahassee, Florida, Sept. 13, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- S. B. No. 36-X(49)-A bill to be entitled An Act to amend Section Two of Chapter 24,500 Laws of Florida, Special Acts of 1947, by increasing the power and authority of the Board of County Commissioners of Escambia County, Florida, to borrow money and issue negotiable revenue bonds or certifi- cates in not to exceed the aggregate principal amount of $10,000,000.00. Proof of Publication attached to above bill. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Proof of Publication of Notice attached to S. B. No. 36-X('49). 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. Introduction of the bill was agreed to by a two-thirds vote of the House. Mr. Botts moved that the rules be waived and Senate Bill No. 36-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and Senate Bill No. 36-X('49) was read a second time by title. Mr. Botts moved that the rules be further waived and Senate Bill No. 36-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and Senate Bill No. 36-X('49) was read a third time in full. When the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Botts Branch Bridges Bronson Bryant Burnsed Burwell Carlton Carraway Clement Cobb Collins Cook Courtney David Dayton Ayes-87. vote was taken on the passage of the bill the Dekle Douglas Dowda Dunn Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lantaff Luckie MacWilliam Mathis McAlpin McClure McKendree McMullen Sellar Melvin Shepperd Merchant Simpson Merritt Slaughter Moody Smith, L. W. Morgan Smith, M. B. Nesmith Smith, W. A. Odham Stewart Okell Stockdale Papy Strayhorn Parker Summers Patton Surles Pearce Sweeny Peeples Tapper Phillips Thornal Pooser Usina Roberts, J. P. Whitlock Rood Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. Sept. 16, 1949 SENATE CHAMBER Tallahassee, Florida, Sept. 15, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- S. B. No. 46-X(49)-A bill to be entitled An Act creating a small claims court in Okaloosa County, Florida; prescribing the jurisdiction of said court; providing for the appointment of a judge for said court and affixing his compensation and term of office; providing for a clerk thereof; providing that the judgments of said court shall become liens on real property when filed in the office of the Clerk of the Circuit Court; providing for a review of cases from said court; and generally to provide a forum and inexpensive procedure for the speedy trial of small claims cases. Proof of Publication attached to above bill. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Proof of publication of Notice attached to S. B. No. 46-X('49). The House of Representatives thereupon deter- mined that the notice and evidence thereof required by Section 21 of Article III of the Constitution has been established in this Legislature. Introduction of the bill was agreed to by a two-thirds vote of the House. Mr. Wise moved that the rules be waived and Senate Bill No. 46-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and Senate Bill No. 46-X('49) was read a second time by title. Mr. Wise moved that the rules be further waived and Senate Bill No. 46-X('49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and Senate Bill No. 46-X('49) was read a third time in full. When the vote was taken on the passage of the bill the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Botts Branch Bridges Bronson Bryant Burnsed Burwell Carlton Carraway Clement Cobb Collins Cook Courtney David Dayton Ayes-87. Nays-None. Dekle Douglas Dowda Dunn Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lantaff Luckie MacWilliam Mathis McAlpin McClure McKendree McMullen Sellar Melvin Shepperd Merchant Simpson Merritt Slaughter Moody Smith, L. W. Morgan Smith, M. B. Nesmith Smith, W. A. Odham Stewart Okell Stockdale Papy Strayhorn Parker Summers Patton Surles Pearce Sweeny Peeples Tapper Phillips Thornal Pooser Usina Roberts, J. P. Whitlock Rood Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. 68 Sept. 16, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES SENATE CHAMBER Tallahassee, Florida, September 15, 1949. The Honorable Ferry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- Senate Bill No. 44-X(49): A bill to be entitled An Act affecting the Government of the City of Jacksonville and authorizing the City of Jackson- ville, Florida, to erect, acquire, rent, lease, own, operate or maintain garbage disposal or incinerator unit or units; to contract with any individual, firm, corporation or political subdivision for the erection, renting, leasing, operation, or maintenance of any garbage disposal or incinerator unit or units for a period not to exceed twenty (20) years; authorizing the City to charge and collect fees for the disposal of gar- bage or waste to be paid by such individuals, firms, or cor- porations for the use of said garbage disposal or incinerator unit; providing for the acquisition of land by condemna- tion or otherwise for the location of such units; providing for the financing of the same. Proof of Publication attached to above bill. Also- Senate Bill No. 45-X(49): A bill to be entitled An Act relating to special benefit parking districts in the Town of Palm Beach, Florida; author- izing the Town of Palm Beach to create and establish special benefit parking districts within its limits and to levy and collect annual taxes within said district for the purpose of acquiring and maintaining parking lots or buildings; provid- ing for the filing of a petition by the owners of property within said districts as a condition precedent to the establish- ment of said districts; finding and declaring that the estab- lishment of parking areas or districts within said town con- fers a special benefit upon the property within such district; determining the percentage of the cost of acquiring and op- erating parking areas to be assessed against the district; authorizing the Town Council to appropriate funds and estab- lish and maintain parking lots and providing the method of replenishing said funds; providing that no such district shall become effective until thirty days after the adoption of the ordinance creating said district and setting forth other provisions and conditions relating to the establishment of said districts and the operation of public parking areas or buildings therein; repealing all laws in conflict herewith; providing that if any portion of this Act be declared uncon- stitutional it shall not affect the remainder thereof and pro- viding when this Act shall become law. Proof of Publication attached to above bill. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Proof of publication of Notice attached to S. B. No. 44-X(49). The House of Representatives thereupon determin- ed that the notice and evidence thereof required by Sectibn 21 of Article III of the Constitution, has been established in this Legislature. Introduction of the bill was agreed to by a two-thirds vote of the House. Mr. Carlton moved that the rules be waived and Senate Bill No. 44-X(49) be read a second time by title. The motion was agreed to by a two-thirds vote and Senate Bill No 44-X(49) was read a second time by title. Mr. Carlton moved that the rules be further waived and Senate Bill No. 44-X(49) be read a third time in full anf placed upon its passage. The motion was agreed to by a two-thirds vote and Senate Bill No. 44-X(49) was read a third time in full. When the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Botts Branch Bridges Bronson Bryant Burnsed Burwell Carlton Carraway Clement Cobb Collins Cook Courtney David Dayton Ayes-87. Nays-None. vote was taken on the passage of the bill the Dekle Douglas Dowda Dunn Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lantaff Luckie MacWilliam Mathis McAlpin McClure McKendree McMullen Sellar Melvin Shepperd Merchant Simpson Merritt Slaughter Moody Smith, L. W. Morgan Smith, M. B. Nesmith Smith, W. A. Odham Stewart Okell Stockdale Papy Strayhorn Parker Summers Patton Surles Pearce Sweeny Peeples Tapper Phillips Thornal Pooser Usina Roberts, J. P. Whitlock Rood Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate. Proof of publication of Notice attached to S. B. No. 45-X(49). The House of Representatives thereupon determin- ed that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. Introduction of the bill was agreed to by a two-thirds vote of the House. Mr. Elliott moved that the rules be waived and Senate Bill No. 45-X(49) be read a second time by title. The motion was agreed to by a two-thirds vote and Senate Bill No. 45-X(49) was read a second time by title. Mr. Elliott moved that the rules be further waived and Senate Bill No. 45-X(49) be read a third time in full and placed upon its passage. The motion was agreed to by a two-thirds vote and Senate Bill No. 45-X(49) was read a third time in full. When the vote was taken on the passage of the bill the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Botts Branch Bridges Bronson Bryant Burnsed Burwell Carlton Carraway Clement Cobb Collins Cook Courtney David Dayton Ayes--87. Dekle Douglas Dowda Dunn Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lantaff Luckie MacWilliam Mathis McAlpin McClure McKendree McMullen Sellar Melvin Shepperd Merchant Simpson Merritt Slaughter Moody Smith, L. W. Morgan Smith, M. B. Nesmith Smith, W. A. Odham Stewart Okell Stockdale Papy Strayhorn Parker Summers Patton Surles Pearce Sweeny Peeples Tapper Phillips Thornal Pooser Usina Roberts, J. P. Whitlock Rood Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans Schuh Nays-None. So the bill passed by a two-thirds vote and was ordered immediately certified to the Senate after engrossment by the Chief Clerk. SENATE CHAMBER Tallahassee, Florida, September 15, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- Senate Bill No. 56-X(49): A bill to be entitled An Act providing for supplementary salary for the Circuit Judges for Division "C" of all Judi- cial Circuits in the State of Florida, comprised of eight coun- ties and having three Circuit Judges and three divisions designated "A", "B", and "C", said Division "C" being com- prised of four counties, and providing that a part of the salary of the Circuit Judges for said Division "C" be paid from the general revenue fund of the counties comprising said Division "C" of such Judicial Circuits in the proportion that the population of each county in said Division "C" bears to the total population of said Division "C" in such Judi- cial Circuits, as determined by the last preceding State or Federal census, whichever shall be later; same to be paid in equal monthly installments; making the same a county purpose; making an annual appropriation therefore; and pro- viding the effective date hereof. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 56-X(49) contained in the above mes- sage, was read the first time by title and was referred to the Committee on Local Government. SENATE CHAMBER Tallahassee, Florida September 15, 1949. The Honorable Perry E. Murray, 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. 55-X('49)-A bill to be entitled An Act relating to the filing fees to be paid to the Clerk of the Circuit Court in all counties in the State of Florida having a population not less than 5,430 and not more than 6,000, according to the last State Census in civil causes of action; repealing Chapter 25472, Laws of Florida, Acts of 1949, being "An Act relating to the filing fees to be paid to the Clerk of the Circuit Court in Hernando County, Florida, in civil causes of action; providing the effective date hereof; excepting suits now pend- ing; and repealing all laws in conflict therewith." And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 55-X('49) contained in the above mes- sage, was read the first time by title and referred to the Committee on Local Government. Sept. 16, 1949 SENATE CHAMBER Tallahassee, Florida, September 15, 1949. The Honorable Perry E. Murray, 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. 51-X(49)-A bill to be entitled An Act providing uniform hours during which all establishments dealing in alco- holic beverages in Pinellas County, Florida, must remain closed; providing a penalty for the violation thereof; and re- pealing all laws and parts of laws in conflict therewith. Proof of Publication attached to above bill. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Proof of publication of Notice attached to S. B. No. 51-X('49). 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. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 51-X('49) contained in the above mes- sage, was read the first time by title and ordered placed on the Local Calendar. SENATE CHAMBER Tallahassee, Florida, September 15, 1949. The Honorable Perry E. Murray, 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. 57-X(49)-A bill to be entitled An Act providing for one stenographer for the office of Assistant State At- torney for Division "C" of all Judicial Circuits in the State of Florida, comprised of eight counties and having three cir- cuit judges and three divisions designated "A", "B", and "C", said division "C" being comprised of four counties, and pro- viding that the salary of said stenographer for said office be paid from the General Revenue Fund of the counties com- prising said Division "C" of such Judicial Circuits in the pro- portion that the population of each county in said Division "C" bears to the total population of said Division "C" in such Judicial Circuits, as determined by the last preceding State or Federal Census, whichever shall be later; fixing the amount and source of compensation to be paid to and the method of payment of said stenographer; making the same a county purpose; making an annual appropriation therefore; and pro- viding the effective date hereof. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Introduction of the bill was agreed to by. a two-thirds vote of the House. And Senate Bill No. 57-X('49) contained in the above mes- sage, was read the first time by title and was referred to the Committee on Local Government. JOURNAL OF THE HOUSE OF REPRESENTATIVES SENATE CHAMBER Tallahassee, Florida, Sept. 15, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- S. B. No. 53-X('49)-A bill to be entitled An Act to declare, designate and establish a state road in Dade County, Florida. Also- S. B. No. 54-X('49)-A bill to be entitled An Act to declare, designate and establish a state road in Dade County, Florida. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 53-X('49), contained in the above message, was read the first time by title and was referred to the Committee on Public Roads. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 54-X('49), contained in the above message, was read the first time by title and was referred to the Committee on Public Roads. SENATE CHAMBER Tallahassee, Florida, Sept. 15, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- S. B. No. 52-X('49)-A bill to be entitled An Act to declare, designate and establish a certain state road in Crestview, Okaloosa County, Florida. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 52-X('49), contained in the above message, was read the first time by title and was referred to the Committee on Public Roads. SENATE CHAMBER Tallahassee, Florida, Sept. 15, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- S. B. No. 25-X('49)-A bill to be entitled An Act amending Section 192.06, Florida Statutes, relating to the exemption of certain properties from ad valorem taxes, and excluding properties held and operated for profit from the right to exemption under said section as amended. 71 And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Mr. Okell asked that the House consent by the Constitutional two-thirds vote to the introduction of Senate Bill No. 25-X('49). When the vote was taken on the request for consent to the introduction of Senate Bill No. 25-X('49), the result was: Ayes: Andrews Beasley Bedenbaugh Branch Bridges Burnsed Burton Burwell Carlton Carraway Cook Courtney Nays: Allen Bronson Bryant Clement Cobb Collins Copeland Dayton Dekle Ayes-45. Nays-35. David Douglas Elliott Heath Henderson Hendry Hethcox Keith Lancaster, D. Lancaster, H. Lantaff MacWilliam Dowda Dunn Frank Fuqua Haley Hudson Johnson Luckie McClure Mathis McAlpin Melvin Monahan Moody Nesmith Okell Papy Phillips Saunders, D. H. Saunders, S. D. Scarborough McKendree McMullen Merchant Morgan Ddham Patton Pearce Pooser Roberts, J. P. Sellar Simpson Smith, W. A. Stockdale Thornal Whitlock Williams Wise Wotitzky Rood Shepperd Slaughter Smith, L. W. Summers Surles Usina Yeomans So the request for consent to the introduction of Senate Bill No. 25-X('49) was not agreed to by a two-thirds vote of the House. SENATE CHAMBER Tallahassee, Florida, Sept. 15, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- H. B. No. 25-X('49)-A bill to be entitled An Act to amend Section 17 of Chapter 21598, Laws of Florida, Special Acts of 1941, "An Act to abolish the present municipal govern- ment of the City of Tarpon Springs, in Pinellas County, Florida, and to create, establish and organize a municipality to be known and designated as the City of Tarpon Springs, and to define its territorial boundaries and provide for its government, jurisdiction, powers, franchises and privileges and providing for a referendum", by deleting therefrom the pro- vision for a refunding committee to pass on refunding pro- posals of the bonded debt of the City of Tarpon Springs. Proof of Publication attached to the above bill. Also- H. B. No. 50-X('49)-A bill to be entitled An Act to create a County Budget Commission in Pinellas County, Florida; and to prescribe the powers, duties and functions of such County Budget Commission and the qualifications, terms of office and methods of appointment of members thereof; and to authorize such County Budget Commission to make and control the budget receipts and expenditures of the Board of County Commissioners, the Board of Public Instruction, the Board of Health, the Board of Juvenile Welfare, the Anti- Mosquito Board, and all other boards, commissions, and offi- cials of such county or of taxing districts situate therein Sept. 16, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES 72 authorized to raise and expend moneys for county or district purposes. Proof of Publication attached to the above bill. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. And House Bill No. 25-X('49), contained in the above message, was referred to the Chief Clerk for enrollment. And House Bill No. 50-X('49), contained in the above message, was referred to the Chief Clerk for enrollment. SENATE CHAMBER Tallahassee, Florida, Sept. 15, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- H. B. No. 32-X('49)-A bill to be entitled An Act author- izing the reappraisal and revaluation of the taxable property in Pinellas County, Florida; prescribing the rights, authori- ties and duty of certain county officials in relation thereto and repealing all laws in conflict therewith. Proof of Publication attached to above bill. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. And House Bill No. 32-X('49), contained in the above message, was referred to the Chief Clerk for enrollment. SENATE CHAMBER Tallahassee, Florida, Sept. 16, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- H. B. No. 45-X('49)-A bill to be entitled An Act authorizing a total of four (4) licenses to sell intoxicating beverages in any county with a population not less than 2275 and not more than 2285 according to the latest state census, but outside the incorporated limits of any municipality in the aforesaid counties; and excepting from the operation hereof all operators of railroads, sleeping cars, steamships, buses and airplanes obtaining licenses good throughout the State of Florida under the beverage law of the State of Florida, and incorporated clubs including social clubs, and caterers at horse or dog racing plants as defined in the beverage law of the State of Florida, and also exempting from the operation hereof certain hotels. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. And House Bill No. 45-X('49), contained in the above message, was referred to the Chief Clerk for enrollment. COMMUNICATIONS 16 September 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Tallahassee, Florida Sir: Request that I be excused from attendance upon the House for the week beginning September 19th. Respectfully, T. M. Parker, Jr. Representative DeSoto County Without objection, it was so ordered. Sept. 16, 1949 INTRODUCTION OF HOUSE BILLS, JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CONCURRENT RESOLUTIONS AND MEMORIALS By Messrs. Cobb and Sweeny of Volusia- H. B. No. 91-X('49)-A bill to be entitled An Act relating to identification of electors in counties having not less than 51,000 and not more than 85,000 population according to the most recent State or Federal census. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Local Government. By Messrs. Cobb and Sweeny of Volusia, Lantaff of Dade, Nesmith of Wakulla, Simpson of Jefferson, Dekle of Taylor, Dayton of Pasco, Whitlock of Alachua, Odham of Seminole and David of Broward- H. B. No. 92-X('49)-A bill to be entitled An Act to estab- lish a merit system of personnel administration for the civil service of the State. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Governmental Reorganization. By Mr. Hethcox of Lake- H. B. No. 93-X('49) -A bill to be entitled An Act to fix and define the corporate limits of the City of Eustis in Lake County, Florida; to repeal Chapter 14033, Laws of Florida, Acts of 1929, entitled "An Act to fix and define the corporate limits of the City of Eustis in Lake County, Florida, and to provide for the collection of taxes levied upon lands embraced in the territory comprehended and included within the limits and boundaries prescribed in Chapter 14033, Laws of Florida as aforesaid, and excluded pursuant to the provisions of this Act"; and to provide for the collection of taxes levied upon lands embraced in the territory comprehended and in- cluded within the limits and boundaries prescribed in said Chapter 14033, Laws of Florida as aforesaid, and excluded pursuant to the provisions of this Act. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 93-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Mr. Odham of Seminole- II. B. No. 94-X('49)-A bill to be entitled An Act relating to social welfare: providing for liability of certain relatives to support and procedure for enforcement; providing addi- tional requirements for old age assistance and aid to depend- ent children; providing for the administration and enforce- ment of this Act; and providing an effective date. Mr. Odham asked that the House consent by the Consti- tutional two-thirds vote to the introduction of House Bill No. 94-X('49). When the vote was taken on the request for consent to the introduction of House Bill No. 94-X('49), the result was: Ayes: Mr. Speaker Cook Hendry McAlpin Allen Copeland Hough McClure Bollinger Courtney Hudson McMullen Botts Dayton Johnson Melvin Bryant Dekle Keith Merchant Burnsed Dunn Lantaff Merritt Carlton Frank Luckie Monahan Cobb Haley Mathis Moody JOURNAL OF THE HOUSE OF REPRESENTATIVES Morgan Scarborough Stewart Thornal Odham Sellar Stockdale Usina Pooser Slaughter Summers Wise Roberts, J. P. Smith, M. B. Surles Yeomans Rood Smith, W. A. Sweeny Nays: Andrews Collins Nesmith Saunders, S. D. Beasley Douglas Okell Schuh Bedenbaugh Dowda Papy Shepperd Branch Fuqua Patton Simpson Bridges Heath Pearce Smith, L. W. Burton Hethcox Peeples Tapper Burwell Lancaster, D. Phillips Williams Carraway Lancaster, H. Roberts, Roy Wotitzky Clement MacWilliam Saunders, D. H. Ayes-51. Nays-35. So the request for consent to the introduction of House Bill No. 94-X('49) was not agreed to by a two-thirds vote of the House. EXPLANATION OF VOTE ON HOUSE BILL 94-X('49) I voted aye on the introduction of House Bill 94-X('49) for the sole purpose of having the House consider whether or not our welfare program was being conducted in an efficient and economical manner to the end that the maximum aid can be given to the aged, the dependent children and the blind. The House is not considering the merits or demerits of this particular bill at this time. Bill Lantaff Representative, Dade County By Messrs. David and Burwell of Broward- H. B. No. 95-X('49)-A bill to be entitled An Act providing for the appointment of a deputy constable in justice of the peace District 2 of Broward County, Florida, and prescribing the duties and providing for the compensation of such deputy constable. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 95-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Messrs. David and Burwell of Broward- H. B. No. 96-X('49)-A bill to be entitled Ah Act providing for the appointment of a deputy constable in justice of the peace District 4 of Broward County, Florida, and prescribing the duties and providing for the compensation of such deputy constable. Introduction of the bill was agreed to by a two-thirds vote of the House. Proof of Publication of notice attached to House Bill No. 96-X('49). The House of Representatives thereupon determined that the notice and evidence thereof required by Section 21 of Article III of the Constitution, has been established in this Legislature. And the above bill was read the first time by title and ordered placed on the Calendar of Local Bills. By Messrs. Dayton of Pasco, Lantaff of Dade, Branch of Hillsborough, Nesmith of Wakulla, Moody of Hillsborough, Bryant of Marion, Cobb of Volusia, Simpson of Jefferson, Dekle of Taylor and Rood of Manatee- 73 House Resolution No. 97-X('49)-A Resolution of the House of Representatives of the State of Florida, declaring the sense of said House with regard to economy and additional taxation. WHEREAS, a determination of the sense of the House of Representatives with regard to economy and additional tax- ation would give direction to its efforts and greatly expedite its labors, and WHEREAS, the true temper of this house cannot be caught within the confines of a single bill because of the multitude of subjects and details involved, and Whereas, an agreement as to general objectives at this time would save much time and effort, Now Therefore, BE IT RESOLVED BY THE HOUSE OF REPRESENT- ATIVES OF THE STATE OF FLORIDA: 1. That it is the sense of the House of Representatives of the State of Florida, that the solution of the present fiscal problem of the State of Florida can and should be solved by the following progressive actions: A. Maximum economy should be effected-specifically: (1) Central purchasing of State supplies should be pro- vided for by Legislative Act. (2) Tax collection agencies of the State should be con- solidated into a department of revenue. (3) A State merit system should be created for State employees. (4) State Boards, Bureaus, Departments or Commissions should be consolidated where such consolidation would result in more efficient and economical opera- tion of State Governmental functions. (5) A State Tax Commission should be created. (6) Such other measures as the House may determine to promote sound economy in Government, should be passed. B. The amount of revenue then needed should be determined as accurately as possible. C. The deficit, if any, should be met by additional taxes- specifically: (1) If practicable, the amount needed for the biennium should be raised by spot taxes. (2) If it is apparent that the amount needed is so great that spot taxes would be impracticable, then such revenue should be raised by a sales tax, either limited or general. D. In the event a sales tax either general or limited is deemed necessary, the tax structure of the State and its several sub- divisions should be revised so as to make such tax, to as great an extent as possible, a replacement rather than an additional tax, and thus more equitably distribute the tax burden of the citizens of the State of Florida. 2. That a copy of this resolution be spread upon the Journal of the House of Representatives and a copy of such resolution be given to the public press. The Speaker held that House Resolution No. 97-X('49) was within the purview of the Governor's Call and could be intro- duced. The resolution was read the first time by title and referred to the Committee on Finance and Taxation. By Miss Pearce of Highlands- H. B. No. 98-X('49)-A bill to be entitled An Act fixing the annual compensation and the basis for computing the amount thereof of superintendents of Public Instruction of all counties in the State of Florida, having a population of not less than 16,224 and of not more than 16,500, accord- ing to the last State census, limiting the maximum and mini- mum compensation of such superintendents of Public Instruc- tion, prescribing the basic salaries of such superintendents of Public Instruction according to certificate of rank and pre- scribing additional salaries of such superintendents of Sept. 16, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE OF REPRESENTATIVES Public Instruction according to instruction units in each of said counties. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Local Government. By Messrs. Papy of Monroe and Copeland of Collier-- H. B. No. 99-X('49)-A bill to be entitled An Act to repeal Chapter 25280, Laws of Florida, Acts of 1949, "An Act to amend Section 2, of Chapter 13616, General Laws of 1929, being an Act entitled: An Act to regulate the shipment and catching of Stone crabs in the State of Florida; to pro- vide a closed season for same and penalties for the violation of this Act' ". Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Salt Water Fisheries. By Messrs. Lantaff, Stockdale and Okell of Dade and Day- ton of Pasco- H. B. No. 100-X('49)-A bill to be entitled An Act relating to appropriations made for the use of institutions under the management of the State Board of Control, and requiring that certain incidental funds be used for salaries and ex- penses before use of appropriations made by the Legislature. Mr. Lantaff asked that the House consent by the Con- stitutional two-thirds vote to the introduction of House Bill No: 100-X('49). When the vote was taken on the request for consent to the introduction of House Bill 100-X('49), the result was: Ayes: Mr. Speaker Allen Beasley Bollinger Botts Branch Bryant Burnsed Carlton Cobb Collins Cook Copeland Dayton Nays: Andrews Black Bridges Burton Carraway Clement Courtney Douglas Dowda Elliott Frank Fuqua Haley Hendry Hethcox Hough Johnson Lantaff Luckie MacWilliam McClure David Dunn Heath Henderson Hudson Lancaster, D. Lancaster, H. McMullen Merchant Merritt Monahan Moody Morgan Nesmith Odham Okell Patton Pearce Phillips Pooser Roberts, J. P. Mathis McAlpin McKendree Papy Parker Roberts, Roy Saunders, S. D. Rood Scarborough Sellar Slaughter Stockdale Strayhorn Summers Surles Sweeny Tapper Thornal Williams Schuh Shepperd Smith, L. W. Smith, M. B. Whitlock Yeomans Ayes-54. Nays-27. So the request for consent to the introduction of House Bill No. 100-X('49) was agreed to by a two-thirds vote. The bill was read the first time by title and referred to the Committee on Appropriations. By Mr. Sellar of Lake- H. B. No. 101-X('49)-A bill to be entitled An Act to pro- vide for the raising of public revenue by certain sales and use taxes; levying or authorizing the levy of certain taxes upon the privilege of engaging in certain occupations, upon own- ing, holding or using certain property, upon certain busi- ness and commercial transactions and enterprises, and upon the use of personal property; defining the duties of the Comptroller of the State of Florida for the orderly adminis- tration of this Act; providing that certain courts shall have Sept. 16, 1949 jurisdiction to hear and determine causes incident to this Act; providing for the reduction of the ad valorem tax rate for school purposes in the several counties of the State; providing penalties for the violation of the terms hereof and repealing certain laws or parts of laws in conflict herewith. Which was read the first time by title and referred to the Committee on Finance and Taxation. By Mr. Sellar of Lake- House Joint Resolution No. 102-X('49)-A Joint Resolution proposing the amendment of Section Eight (8) of Article XII of the Constitution of the State of Florida, relating to edu- cation as an emergency amendment under authority of Section Three (3) of Article XVII of the Constitution of the State of Florida. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF FLORIDA: That, the legislature of the State of Florida hereby finds that an emergency exists requiring the submission of an emergency amendment relating to education. The following amendment of Section Eight (8) of Article XII of the Constitution of the State of Florida relating to education be and the same is hereby agreed to and shall be submitted to the electors of the State of Florida, not less than ninety days, nor more than one hundred and twenty days from the date of passage hereof, at a special election to be held for that purpose, for ratification or rejection. The said Section Eight (8) of Article XII as amended, shall read as follows: "Section 8. Each county shall assess and collect a uni- form and equal tax on all property within its limits, not otherwise exempted by the Constitution, sufficient to liquidate all school bonds issued prior to July 1, 1949; but no levy of ad valorem taxes upon real or personal property shall be made for any other school purpose by any county or special district thereof or therein." The joint resolution was read the first time in full and re- ferred to the Committee on Constitutional Amendments. By Mr. Sellar of Lake- H. B. No. 103-X('49)-A bill to be entitled An Act repealing the payment of the intangible tax on obligations secured by mortgages levied under Chapter 199, Florida Statutes. Mr. Sellar asked that the House consent by the Constitu- tional two-thirds vote to the introduction of House Bill No. 103-X('49). When the vote was taken on the request for consent to the introduction of House Bill No. 103-X('49), the result was: Ayes: Bollinger Botts Branch Bridges Burnsed Burton Cobb Collins Copeland Courtney Dayton Dekle Nays: Allen Andrews Beasley Bedenbaugh Bronson Burwell Carlton Carraway Clement Cook Ayes-45. Nays-40. Douglas Dowda Dunn Elliott Frank Haley Hendry Hough Hudson Johnson Keith McAlpin David Fuqua Hethcox Lancaster, D. Lancaster, H. Lantaff Luckie Mathis McKendree Melvin McClure McMullen Merchant Merritt Monahan Moody Nesmith Odham Okell Parker Pooser Roberts, J. P. Morgan Papy Patton Pearce Roberts, Roy Saunders, D. H. Saunders, S. D. Schuh Shepperd Simpson Rood Scarborough Sellar Slaughter Smith, W. A. Strayhorn Summers Sweeny Thornal Smith, L. W. Smith, M. B. Stewart Stockdale Surles Tapper Williams Wise Wotitzky Yeomans 74 Sept. 16, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES So the request for consent to the introduction of House Bill No. 103-X('49) was not agreed to by a two-thirds vote. By Mr. Sellar of Lake- H. B. No. 104-X('49)-A bill to be entitled An Act repeal- Ing Section 201.08, Florida Statutes, relating to tax on promis- sory notes, non-negotiable notes, and written obligations to pay money. Mr. Sellar asked that the House consent by the Constitu- tional two-thirds vote to the introduction of House Bill No. 104-X('49). When the vote was taken on the request for consent to the introduction of House Bill No. 104-X('49), the result was: Ayes: Bollinger Botts Branch Bridges Burnsed Burton Cobb Collins Copeland Dayton Nays: Allen Andrews Beasley Bedenbaugh Black Bronson Burwell Carlton Carraway Clement Cook Courtney David Ayes-37. Nays-52. Dekle Dowda Dunn Elliott Frank Haley Hendry Hudson Johnson Keith Douglas Fuqua Henderson Hethcox Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin McKendree Melvin McClure McMullen Merchant Merritt Monahan Moody Nesmith Odham Parker Phillips Pooser Roberts, J. P. Sellar Slaughter Summers Sweeny Thornal Morgan Simpson Okell Smith, L. W. Papy Smith, M. B. Patton Smith, W. A. Pearce Stewart Peeples Stockdale Roberts, Roy Surles Rood Tapper Saunders, D. H. Whitlock Saunders, S. D. Williams Scarborough Wise Schuh Wotitzky Shepperd Yeomans So the request for consent to the introduction of House Bill No. 104-X('49) was not agreed to by a two-thirds vote. By Messrs. Lantaff, Okell and Stockdale of Dade- H. B. No. 105-X('49)-A bill to be entitled An Act to amend Section 5 of Chapter 25363, Laws of Florida, Acts of 1949, relating to the procedure for determining the amount to be included for capital outlay and debt service in the Minimum Foundation Program. Mr. Lantaff asked that the House consent by the Consti- tutional two-thirds vote to the introduction of House Bill No. 105-X('49). Pending consideration thereof, Mr. Tapper moved that when the House adjourn, it adjourn to reconvene at 2:00 P. M. today. Pending consideration thereof, Mr. Bryant offered a substitute motion that the House adjourn at the completion of the order of the introduction of bills, to reconvene at 10:00 A. M. Monday. A roll call was ordered. When the vote was taken on the substitute motion, the result was: Ayes: Allen Bryant Douglas Hendry Bedenbaugh Cobb Dowda Hough Black Cook Dunn Hudson Bollinger Copeland Elliott Johnson Botts Dayton Frank Keith Branch Dekle Haley Lancaster, H. Luckie McClure McKendree McMullen Merchant Merritt Monahan Nays: Andrews Beasley Bridges Bronson Burnsed Burton Burwell Carlton Carraway Clement Collins Ayes-50. Nays-41. Moody Morgan Nesmith Odham Parker Pooser Rood Courtney David Fuqua Henderson Hethcox Lancaster, D. Lantaff MacWilliam Mathis McAlpin Melvin Scarborough Sellar Slaughter Smith, M. B. Smith, W. A. Strayhorn Summers .Surles Sweeny Usina Wise Yeomans Okell Simpson Papy Smith, L. W. Patton Stewart Pearce Tapper Phillips Thornal Roberts, J. P. Whitlock Roberts, Roy Williams Saunders, D. H. Wotitzky Saunders, S. D. Schuh Shepperd So the substitute motion was agreed to. Mr. Simpson moved that the Committee on Finance and Taxation be granted an extension of three days from today in which to consider all bills pending before that Committee. Pending consideration thereof, Mr. Pooser requested that, under Rule 8, Section 18, House Bill No. 66-X('49) be withdrawn from the Committee on Finance and Taxation and placed on the Calendar. A point of order Was made that there was a motion before the House. Mr. Simpson withdrew his motion. Mr. Melvin moved the previous question on the request of Mr. Lantaff for consent to the introduction of House Bill No. 105-X('49). The motion for the previous question was agreed to. When the vote was taken on the request for consent to the introduction of House Bill No. 105-X('49), the result was: Ayes: Allen Botts Branch Bryant Burnsed Cobb Copeland Dayton Nays: Andrews Beasley Bedenbaugh Black Bollinger Bridges Bronson Burton Burwell Carraway Clement Collins Cook Dekle Douglas Ayes-29. Nays-59. Dowda Frank Henderson Lantaff Luckie McClure McMullen Merchant Dunn Elliott Fuqua Haley Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. MacWilliam Mathis McAlpin McKendree Merritt Morgan Nesmith Odham Okell Phillips Pooser Rood Sellar Smith, L. W. Stockdale Surles Sweeny Melvin Slaughter Monahan Smith, M. B. Moody Smith, W. A. Papy Stewart Parker Strayhorn Patton Summers Peeples Tapper Roberts, J. P. Thornal Roberts, Roy Usina Saunders, D. H. Whitlock Saunders, S. D. Williams Scarborough Wise Schuh Wotitzky Shepperd Yeomans Simpson So the request for consent to the introduction of House Bill No. 105-X('49) was not agreed to by a two-thirds vote. Mr. Simpson moved that the Committee on Finance and Taxation be granted an extension of three days from today in which to consider all bills pending before that Committee. Pending consideration thereof, JOURNAL OF THE HOUSE OF REPRESENTATIVES Mr. Pooser raised the point of order that Mr. Simpson's motion should have been made before the expiration of the time allowed the Committee on Finance and Taxation for the consideration of House Bill No. 66-X('49). Mr. Simpson raised the point of order that House Bill No. 66-X('49) had been introduced on September 13, and the time allowed the Committee for consideration would not ex- pire until the end of this legislative day. The Speaker held that the Rules of the Extraordinary Ses- sion did not contain provision for the withdrawal of a bill from a Committee by a Member. He observed that portion of the provisions of Section 18 of Rule 8 of the Rules of the Regular Session had been omitted in adopting the Rules of the Extraordinary Session. Mr. McClure raised the point of order that the time of adjournment had arrived. - Mr. Beasley raised the point of order that the House pre- viously had agreed to adjourn upon the completion of the order of introduction of bills, and that bills for introduction still were on the desk. The Speaker held Mr. Beasley's point of order was well taken. Mr. Beasley moved that when the House adjourns, it ad- journs to reconvene at 2:15 P.M. today. Pending consideration thereof, Mr. McClure offered a substitute motion that the House do now adjourn. A point of order was raised on the precedence of motions to adjourn, and the Speaker ruled that the time for reconven- ing was not an element in the consideration of the priority of motions to adjourn, but that this was determined by the time for the proposed adjournment. He further held that a motion to adjourn at a time certain takes precedence over a motion to adjourn instanter. Mr. McClure withdrew his substitute motion. Mr. Bryant offered a substitute motion that the House do now adjourn, to reconvene at 10:00 A.M. on Monday, Sep- tember 19. A roll call was ordered. When the result was: Ayes: Allen Bedenbaugh Bollinger Botts Bryant Cobb Copeland Dayton Dekle Douglas Dowda Dunn Nays: Andrews Beasley Bridges Bronson Burnsed Burton Burwell Carlton Carraway Clement Collins vote was taken on the. substitute motion, the Elliott Frank Haley Hendry Hough Hudson Johnson Keith Lancaster, H. Luckie McAlpin McClure Courtney David Fuqua Henderson Hethcox Lancaster, D. Lantaff MacWilliam Mathis Melvin Okell McKendree McMullen Merchant Merritt Monahan Moody Morgan Nesmith Odham Pooser Roberts, J. P. Rood Scarborough Sellar Slaughter Smith, M. B. Stewart Strayhorn Summers Surles Sweeny Usina Wise Yeomans Papy Smith, L. W. Patton Smith, W. A. Pearce Stockdale Peeples Tapper Phillips Thornal Roberts, Roy Whitlock Saunders, D. H. Williams Saunders, S. D. Wotitzky Schuh Shepperd Simpson Mr. Black asked to be recorded as voting "Aye". Ayes-49. Nays-41. So the substitute motion was agreed to. Sept. 16, 1949 REPORTS OF STANDING COMMITTEES September 16, 1949. Mr. Okell of Dade, Vice-Chairman of the Committee on Rules and Calendar., reports that the committee has care- fully considered the following House Concurrent Resolution and recommends that it not pass: House Concurrent Resolution No. 84-X('49)-A Resolution to prohibit lobbying by any person who is an employee of the State of Florida, either temporarily or permanently by any department of the State government, including attaches of the State Legislature, and providing for forfeiture of em- ployment and all salary due any such person upon conviction by the Legislature. And House Concurrent Resolution No. 84-X('49) contained in the above report, was laid on the table under the rule. September 16th, 1949. Mr. Collins of Sarasota, Chairman of the Committee on Constitutional Amendments, reports that the Committee has carefully considered the following bill and recommends it pass: House Joint Resolution No. 85-X(49)-A House Joint Reso- lution proposing to amend Article V of the Constitution of the State of Florida relating to the Judicial Department of the government of the State of Florida. And House Joint Resolution No. 85-X('49), contained in the above report, was placed on the Calendar of Bills for Second Reading. ENGROSSING REPORTS House of Representatives, Tallahassee, Florida, September 16, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: Your Engrossing Clerk, to whom was referred, with amend- ments- H. R. No. 37-X('49)-A Resolution creating an interim committee of the House of Representatives consisting of five members to be appointed by the Speaker, to be known as the House Committee to Study and Investigate Practices and Pro- cedures of State Agencies; authorizing and directing said committee to inquire into and investigate all institutions un- der the Board of Control; and such other agencies, which term shall include and mean all State offices, boards, bu- reaus, commissions and institutions, as may be determined by the Legislative Reference Bureau, other than institutions under the Board of Control; granting such powers of inves- tigation and subpoena of witnesses as is possessed by the Leg- islative Reference Bureau; and directing the said committee to make a report of its findings and recommendations to the House of Representatives at the 1951 Regular Session of the Florida State Legislature. -begs leave to report same has been carefully examined and found to be correctly engrossed. Very respectfully, LAMAR BLEDSOE, Engrossing Clerk ex-officio as Chief Clerk of the House of Representatives. House of Representatives, Tallahassee, Florida, September 16, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: Your Engrossing Clerk, to whom was referred, with amend- ments- H. B. No. 59-X('49)-A bill to be entitled An Act designating and establishing a certain road in Pinellas County, Florida, to be a state road. JOURNAL OF THE HOUSE -begs leave to report same has been carefully examined and found to be correctly engrossed. Respectfully, LAMAR BLEDSOE, Engrossing Clerk ex-officio as Chief Clerk of the House of Representatives. And House Bill No. 59-X('49), contained in the above report, was ordered to be certified to the Senate. ENROLLING REPORTS House of Representatives Tallahassee, Florida, September 16, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: Your Enrolling Clerk, to whom was referred- House Bill No. 16-X('49) House Bill No. 27-X('49) House Bill No. 28-X('49) "House Bill No. 29-X('49) House Bill No. 31-X('49) House Bill No. 52-X('49) House Bill No. 32-X('49) -begs leave to report same have been signed in open session by the Speaker and the Chief Clerk of the House of Repre- Sept. 16, 1949 E OF REPRESENTATIVES 77 sentatives and by the President and Secretary of the Senate, and this day presented to the Governor for his approval. Very respectfully, LAMAR BLEDSOE, Enrolling Clerk ex officio as Chief Clerk of the House of Representatives. The following registrations with the Chief Clerk were made under Rule 14. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is E. T. Lay, my occupation is Manager, Florida Dairy Industry Association, and that I am employed and appear in the interest of Same, whose ad- dress is 220 Newnan Street, Jacksonville, Florida, and for the following period Duration of Special Session (permanent em- ployee). E. T. LAY State of Florida, County of Leon. Sworn to and subscribed before me this 16th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. The House adjourned at 1:08 P.M., to reconvene at 10:00 A.M. Monday, September 19. EXTRAORDINARY SESSION JOURNAL OF.THE HOUSE OF REPRESENTATIVES Monday, September 19, 1949 The House was called to order by the Speaker at 10:00 A.M. The roll was taken and tl orded present: Ayes: Mr. Speaker Dayton Allen Dekle Andrews Douglas Beasley Dowda Bedenbaugh Dunn Black Elliott Bollinger Frank Botts Fuqua Branch Haley Bridges Heath Bronson Henderson Bryant Hendry Burnsed Hethcox Burton Hough Burwell Hudson Carlton Johnson Carraway Keith Clement Lancaster, D. Cobb Lancaster, H. Collins Lantaff Cook Luckie Copeland MacWilliam Courtney Mathis David McAlpin A quorum present. The following prayer was Hunter, Chaplain: he following Members were rec- McClure Scarborough McKendree Schuh McMullen Sellar Melvin Shepperd Merchant Simpson Merritt Slaughter Monahan Smith, L. W. Moody Smith, M. B. Morgan Smith, W. A. Nesmith Stewart Odham Stockdale Okell Strayhorn Papy Summers Parker Surles Patton Sweeny Pearce Tapper Peeples Thornal Phillips Usina Pooser Whitlock Roberts, J. P. Williams Roberts, Roy Wise Rood Wotitzky Saunders, D. H. Yeomans Saunders, S. D. offered by the Reverend J. L. Bless the Lord, O my soul; and all that is within me, bless His Holy name. Bless the Lord, O my soul, and forget not all His benefits; who forgiveth all thine iniquities, who health all thy dis- eases; who redeemeth thy life from destruction; who crowneth thee with loving kindness and tender mercies; who satisfieth thy mouth with good things; so that thy youth is renewed like the eagles. Our Father, Thou hast granted unto us the privilege of living today, and with life we have health and strength and are clothed in our right minds, for which we give Thee grate- ful praise. Take us and use us in the work of our hands, and the words of our mouths and the thoughts of our hearts for Thy glory. For Christ's sake.-Amen. Mr. Clement, as Chairman of the Committee on Rules and Calendar, called up, under Section 5 of Rule 17, the following report of the committee- The Honorable Perry E. Murray, Speaker, House of Representatives, Tallahassee, Florida. Sir: September 16, 1949. Your Committee on Rules and Calendar recommends that the House adopt as a Special and Continuing Order of Busi- ness at 11 A.M., September 19, 1949, House Bill No. 40-X, and immediately following disposition of House Bill No. 40-X, set House Bill No. 39-X and that immediately following dis- position of House Bill No. 39-X set House Bill No. 80-X. In meeting assembled to consider the foregoing recom- mendations the vote was as follows: Ayes: Okell, Burwell, Wotitzky, Tapper, McMullen, Sellar, Carraway, Hendry, Thornal, Smith, Shepperd, Col- lins, Beasley, Melvin, Luckie, Botts, Bryant, Papy, Carlton, Black, Allen, Stewart, Nesmith, Bollinger and Clement. Nays: None. Respectfully submitted, Archie Clement, Chairman Committee on Rules & Calendar. -and moved its adoption. The motion was agreed to, and the report was adopted. CORRECTION OF THE JOURNAL The Journal for Friday, September 16, was ordered cor- rected and as corrected was approved. Mr. Botts asked unanimous consent to now take up and consider House Bill No. 80-X('49). Without objection, it was so ordered. H. B. No. 80-X('49)-A bill to be entitled An Act amending Section 550.16, Florida Statutes 1941, as amended by Chap- ter 21,744, Laws of Florida Acts of 1943 and Chapter 22,589, Laws of Florida Acts of 1945, and Chapter 25,257, Laws of Florida Acts of 1949, relating to pari-mutuel pools authorized within enclosure at dog race tracks and providing that dog race tracks having an average daily pari-mutuel pool of less than $23,000.00 for the preceding racing season, shall be per- mitted to operate pari-mutuel wagering upon the payment of a daily license fee of $500.00 and providing for the distribu- tion of the proceeds from said license tax; repealing all laws or parts of laws in conflict herewith and fixing the effective date of this Act. -was taken up. Mr. Botts moved that the rules be waived and House Bill No. 80-X('49) be read a second time by title. The motion was agreed to by a two-thirds vote and House Bill No. 80-X('49) was read a second time by title. Amendment No. 1- Mr. Botts of Escambia offered the following amendment to House Bill No. 80-X('49): In Section 1, line 71, of the bill, strike out the figures "$175,00" and insert the following in lieu thereof: "$175,000". Mr. Botts moved the adoption of the amendment. The motion was agreed to, and the amendment was adopted. Mr. Botts moved that the rules be further waived and House Bill No. 80-X('49), as amended, be read a third time in full and placed upon its passage. 78 JOURNAL OF THE HOUSE The motion was agreed to by a two-thirds vote and House Bill No. 80-X('49), as amended, was read a third time in full. When the vote was taken on the passage of the bill the result was: Ayes: Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Collins Cook Copeland Courtney Nays: David Dayton Dekle Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin McKendree McMullen Melvin Merritt Monahan Morgan Nesmith Odham Okell Papy ParKer Patton Pearce Peeples Phillips Pooser Roberts, J. P. Roberts, Roy Rood Saunders, D. H. Saunders, S. D. Scarborough Schuh Sellar Shepperd Simpson Slaughter Smith, L. W. Smith, M. B. Smith, W. A. Stewart Summers Surles Tapper Thornal Usina Whitlock Williams Wise Wotitzky Yeomans McClure Ayes-87. Nays-1. So the bill passed and was ordered immediately certified to the Senate after engrossment by the Chief Clerk. Mr. Clement moved that the rules be waived and the House now proceed to the order of business of the Consideration of Senate Messages. A roll call was demanded. When the vote was taken on the motion, the result was: Ayes: Andrews Beasley Bedenbaugh Bridges Bronson Burnsed Burton Burwell Carlton Carraway Clement Collins Cook Nays: Allen Black Bollinger Botts Bryant Cobb Copeland Dayton Dekle Douglas Courtney David Dowda Heath Henderson Hendry Hethcox Hudson Lancaster, D. Lantaff MacWilliam Mathis McAlpin Dunn Elliott Frank Haley Hough Johnson Keith Lancaster, H. Luckie McClure Melvin Okell Papy Parker Patton Peeples Phillips Roberts, J. P. Roberts, Roy Saunders, D. H Saunders, S. D. Scarborough Schuh McKendree Monahan Moody Morgan Nesmith Odham Pooser Rood Sellar Slaughter Shepperd Simpson Smith, L. W. Smith, W. A. Stockdale Tapper Thornal Whitlock Williams .Wise Wotitzky Yeomans Smith, M. B. Stewart Strayhorn Summers Surles Sweeny Usina .Ayes-51, Nays-37. The motion was not agreed to by a two-thirds vote. Mr. MacWilliam moved that Senate Bill No. 56-X('49) be withdrawn from the Committee on Local Government and placed on the Calendar of Local Bills. Sept. 19, 1949 E OF REPRESENTATIVES 79 The motion was agreed to, and Senate Bill No. 56-X('49) was ordered withdrawn from the Committee on Local Govern- ment and placed on the Calendar of Local Bills. Mr. MacWilliam moved that Senate Bill No. 57-X('49) be withdrawn from the Committee on Local Government and placed on the Calendar of Local Bills. The motion was agreed to, and Senate Bill No. 57-X('49) was ordered withdrawn from the Committee on Local Govern- ment and placed on the Calendar of Local Bills. INTRODUCTION OF HOUSE BILLS, JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CONCURRENT RESOLUTIONS AND MEMORIALS By Messrs. Lantaff, Okell and Stockdale of Dade; Bryant of Marion; Cobb of Volusia; Botts of Escambia; Burwell and David of Broward; and Dayton of Pasco- H. J. R. No. 106-X('49)-A Joint Resolution proposing an amendment to Article IX of the Florida Constitution, by add- ing thereto an additional section creating and establishing a Florida State Tax Commission and fixing its powers, duties, authority and jurisdiction in connection with taxation under the laws of this State. Be it resolved by the Legislature of the State of Florida: The following amendment, creating and establishing a Florida State Tax Commission, to Article IX of the Constitu- tion of Florida, by adding thereto an additional section, to be numbered by the secretary of state, the same being within the purview of the governor's call for this extraordinary ses- sion of the legislature, is agreed to and shall be submitted to the electors of this state for ratification or rejection at the general election to be held on the first Tuesday after the first Monday in November, 1950, to wit: Section -. Florida State Tax Commission created; mem- bership, powers, duties, authority and jurisdiction, etc. (1) A "Florida State Tax Commission" is created con- sisting of the state comptroller, as a member ex officio of the said commission who shall be its chairman, and six members to be appointed by the governor; one from each congressional district as the same exists at the time of the enactment of this chapter in 1949. In selecting such six members of the commission the governor may appoint any state or county officer as a member thereof, the provisions of the state con- stitution now existing notwithstanding. (2) The term of two members of the first commission appointed by the governor shall expire on the first Tuesday after the first Monday in January, 1953, two on the first Tuesday after the first Monday in January, 1955, and two on the first Tuesday after the first Monday in January, 1957; after which all successor members shall be appointed for terms of six years each, and until their successors are duly appointed and qualified. (3) The said State Tax Commission shall have the fol- lowing powers, duties, authority and jurisdiction: (a) To administer and supervise the tax laws of this state and generally supervise and assist the tax assessors and tax collectors in the performance of their duties. (b) Under such regulations and within such limitations as the legislature may prescribe, to prescribe and establish systems of uniform tax assessment, collection and accounting and make uniform the same in this state. (c) To revise the tax levies and budgets of counties and: other local governmental units, and equalize the assessment and valuation of property in such counties and other local governmental units. (d) To make original assessments and valuations of tax- able properties, including the taxable properties of public utilities, as the legislature may prescribe. (e) To readjust and equalize the valuations and assess- ments of taxable properties among and between the several counties and other governmental units of the state. (f) To adjust and equalize, by individual properties, blocks, subdivisions and larger areas of properties, and by classifications of properties, the valuation and assessment of all taxable property in this state. JOURNAL OF THE HOUSE (g) To adjust and equalize the valuation and assessment of properties made by municipal corporations in this state when authorized by the legislature. (h) Make diligent investigation and inquiry concerning the revenue laws and systems of other states and countries, so far as the same are made known by published reports and statistics, or can be ascertained by correspondence or other- wise with the officers thereof, and with the aid and informa- tion thus obtained, together with the experience and observa- tions of the laws of this state, make recommendations to the legislature of this state for suggesed changes and betterment in the tax laws of this state. (4) The commission shall issue such rules, regulations, and orders, hold such hearings and investigations and sum- mon such witnesses thereto, and take such other actions as may be necessary for its organization and governance and the exercise of its powers and the performance of its duties. The orders, summons and regulations of the commission respecting the valuation of property for taxation shall be binding upon all persons, firms, corporations, public officials and employees, and state and local units, agencies, and de- partments of government, and shall be enforceable by the courts of the state but subject to review thereby as to their reasonableness. (5) The legislature may enact laws in aid of, but not inconsistent with, the provisions of this section, and all exist- ing laws inconsistent herewith shall no longer remain in force and effect. The legislature may prescribe more detailed reasonable procedures and definitions for carrying out the duties of the commission, and may vest additional duties, powers, authority and jurisdiction in the commission. The above joint resolution was offered for introduction and decision on its admissibility was deferred until the next legis- lative day. By Mr. Cobb of Volusia- H. R. No. 107-X('49)-A resolution to appoint an investi- gating committee to investigate all investigating committees assigned to investigate, or appoint investigators in the State of Florida. The resolution was read the first time by title and referred to the Committee on Rules and Calendar. By Mr. Papy of Monroe- H. B. No. 108-X('49)-A bill to be entitled An Act requiring the closing of all county offices in the court house in counties of Florida having a population of more than 17,850 but less than 19,200 according to the preceding State Census, from each Friday at midnight until the following Monday morning, except in cases of emergency and in cases of necessity as may be directed by any official in charge of a particular office. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Local Government. By Mr. Hethcox of Lake- H. B. No. 109-X('49)-A bill to be entitled An Act relating to the compensation and mileage of members of the Board of Public Instruction in all counties of the State of Florida having a population of not less than 27,000 and not more than 27,500 according to the Federal Census for 1940. Introduction of the bill was agreed to by a two-thirds vote of the House. The bill was read the first time by title and referred to the Committee on Local Government. By Committee on Rules and Calendar- House Resolution No. 110-X('49)-A Resolution concerning the introduction of bills. BE IT RESOLVED BY THE HOUSE OF REPRESENTA- TIVES: E OF REPRESENTATIVES Sept. 19, 1949 Section 1. That after the adoption of this Resolution no bills, except revenue measures and local bills shall be introduced into the House without unanimous consent. Section 2. That no Senate bills, other than revenue measures and local bills shall be considered by the House except with unanimous consent. Section 3. This Resolution shall have the force and effect of a Rule of the House. -was read the first time by title. Mr. Clement moved that the resolution be read the second time in full. The motion was agreed to, and the resolution was read the second time in full. Amendment No. 1- The Committee on Rules and Calendar offered the following amendment to House Resolution No. 110-X('49): In Section 1, line 1, of the bill, strike out the words: "That after the adoption Resolution" and insert the following in lieu thereof: "That after September 20, 1949". Mr. Clement moved the adoption of the amendment. The motion was agreed to, and the amendment was adopted. Mr. Clement moved the adoption of the resolution, as amended. A roll call was demanded. When the vote was taken on the adoption of the resolution, as amended, the result was: Ayes: Andrews Beasley Bedenbaugh Bridges Bronson Burton Burwell Carlton Carraway Clement Nays: Mr. Speaker Allen Bollinger Botts Branch Bryant Burnsed Cobb Collins Copeland Courtney Dayton Dekle Cook David Douglas Fuqua Heath Henderson Hethcox MacWilliam Mathis McAlpin Dowda Dunn Elliott Frank Haley Hendry Hough Hudson Johnson Keith Lancaster, H. Lantaff Luckie Melvin Shepperd Okell Simpson Papy Smith, L. W. Patton Smith, W. A. Peeples Tapper Phillips Williams Roberts, Roy Wotitzky Saunders, D. H. Yeomans Saunders, S. D. Schuh McClure McKendree McMullen Merchant Merritt Monahan Moody Morgan Nesmith Odham Parker Pearce Pooser Roberts, J. P. Rood Scarborough Slaughter Smith, M. B. Stewart Strayhorn Summers Surles Sweeny Thornal Usina Wise Mr. Black asked to be recorded as voting "nay". Ayes-38. Nays-53. The motion was not agreed to, and House Resolution No. 110-X('49), as amended, failed of adoption. The hour of 11:00 A. M. having arrived, the House took up the Special and Continuing Order Calendar set for that time. CONSIDERATION OF THE SPECIAL AND CONTINUING ORDER H. B. No. 40-X('49)-A bill to be entitled An Act to define certain additional privileges, and to levy and provide for the collection of privilege taxes upon sales of personal property, upon admissions and upon rentals of real and personal property; providing for certain exemptions; to define certain words and terms used in this Act; to provide for the creation and enforcement of liens upon real and personal property of persons liable for the payment of such taxes; to authorize the promulgation of rules and regulations for the administration and enforcement of this Act; to appropriate monies derived JOURNAL OF THE HOUSE OF REPRESENTATIVES from such taxes and to direct the payment of such monies derived from such taxes to the general revenue fund of the State of Florida, to the cost of administration and enforcement of this Act and to provide for impounding any surplus revenue; to provide for the operation of this Act in the event certain provisions herein shall be held invalid; providing for an effective date; to provide penalties for the violation of this Act; and repealing Sections 204.03 and 204.04, Florida Statutes, 1941, and conflicting laws. -was taken up, together with the following amendment to the Substitute for Amendment No. 1, pending on Mr. Beasley's motion to adopt- Strike Section 8 of the bill and insert in lieu thereof the following: "Section 8. That the sale at retail, the use, the consump- tion, the distribution, and the storage to be used or con- sumed in this State, of the following tangible personal prop- erty, is hereby specifically exempt from the tax imposed by this Act: Fresh meats. Cured meats not otherwise processed. Fresh fruit and fruit juices. Fresh vegetables. Grits Eggs Meal Baking powder Soda Flour Salt Pepper Milk Coffee Tea Lard and Shortening Oleo margarine Butter Bakery Products Fish and other seafoods Cocoa Cigarettes Alcoholic Beverages Beer Ice Sugar Syrup Poultry Soap and soap powders and detergents Fuel Oil Caskets Irish and Sweet potatoes Frozen foods Baby foods Dried or cured vegetables and Fruits Honey Citrus, fresh and processed Water (not to include, however, mineral water or carbonat- ed water, or any water put up in bottles, jugs, or other con- tainers). Newspapers. School books and school lunches. Motor fuel. Also exempt are professional, insurance or personal service transactions which involve sales as inconsequential elements for which no separate charge is made, and likewise exempted are all sales made to or by the United States of America, the State of Florida, or any county or municipality within the State and all sales made to or by any governmental unit, State or Federal. Medicine compounded in a retail establishment by phar- macists licensed by the State of Florida according to an individual prescription or prescriptions and refills written by a practitioner of the healing arts licensed by the State of Florida, or a sister State, and common household medicinal remedies recommended and generally sold for the relief of pain, ailment, distress or disorder of the human body, according to a list prescribed, and approved by the State Board of Health, which said list shall be certified to the Comptroller and from time to time be included in the rules and regulations promulgated by the Comptroller. 81 The question recurred on Mr. Beasley's motion to adopt the amendment to the Substitute for Amendment No. 1. A roll call was ordered. When the vote was taken, the result was: Ayes: Allen Andrews Beasley Bedenbaugh Black Bollinger Branch Bridges Bronson Burnsed Burton Burwell Carlton Carraway Clement Collins Cook Copeland Courtney Nays: Dekle McClure David Dayton Douglas Dunn Elliott Fuqua Heath Henderson Hendry Hethcox Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin Scarborough McKendree Schuh McMullen Shepperd Melvin Simpson Merchant Smith, L. W. Merritt Smith, M. B. Moody Smith, W. A. Nesmith Stewart Odham Stockdale Okell Summers Papy Surles Parker Tapper Patton Usina Pearce Whitlock Peeples Williams Roberts, J. P. Wise Roberts, Roy Wotitzky Saunders, D. H. Yeomans Saunders, S. D. Monahan Rood Morgan Slaughter Thornal Mr. Strayhorn asked to be recorded as voting "aye". Ayes-76. Nays-7. The motion was agreed to, and the amendment to the Substitute for Amendment No. 1 was adopted. The question recurred on adoption of the Substitute, as amended, for Amendment No. 1. The motion was agreed to, and the Substitute, as amended, for Amendment No. 1 was adopted. The question recurred on Amendment No. 1, as amended by the Substitute. The motion was agreed to, and Amendment No. 1, as amended by the Substitute, was adopted. Amendment No. 2- Messrs. Andrews of Orange, Beasley of Walton, Bronson of Osceola, Burton and Roberts of Brevard, Burwell and David of Broward, Carlton of Duval, Clement of Pinellas, Collins of Sarasota, Cook of Flagler, Heath of Holmes, Lantaff, Okell and Stockdale of Dade, MacWilliam of Indian River, Melvin of Santa Rosa, Papy of Monroe, Pearce of Highlands, Phillips of Hernando, Saunders of St. Lucie, Saunders of Clay, Schuh of Pinellas, Shepperd of St. Johns, Simpson of Jefferson, Smith of Palm Beach, Tapper of Gulf, Whitlock of Alachua, Wotitzky of Charlotte offered the following amendment to House Bill No. 40-X('49): In Section 3(c), in the last un-numbered paragraph thereof change the colon in the fifth from the last line to a period and strike out the words: "nor shall the tax levied by this Section apply to, be imposed upon or collected from any guest of any hotel, apartment house or rooming house, as herein- before defined when the rental charged is Two Dollars ($2.00) or less, per day per room." Mr. Beasley moved the adoption of Amendment No. 2. A roll call was ordered. When the vote was taken on the adoption of Amendment No. 2, the result was: Ayes: Andrews Beasley Bedenbaugh Black Bridges Bronson Burton Burwell Carlton Carraway Clement Collins Cook Courtney David Douglas Sepf. 19, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES Sept. 19, 1949 Patton Simpson Peeples Smith, L. W. Phillips Stockdale Roberts, Roy Tapper Saunders, D. H. Thornal Saunders, S. D. Whitlock Scarborough Williams Schuh Wise Sellar Wotitzky Shepperd Yeomans lliam n e en a dree nt an Dowda Lantaff Fuqua MacWi Heath Mathis Henderson McAlpi Hendry McClur Hethcox McMull Hough Melvin Hudson Moody Lancaster, D. Okell Lancaster, H. Papy Nays: Allen Elliott Bollinger Frank Botts Haley Branch Johnsol Bryant Keith Cobb Luckie Copeland McKen Dayton Mercha Dekle Merritt Dunn Monahr Ayes-56. Nays-37. The motion was ag adopted. Amendment No. 3- :reed to, and Amendment No. 2 was Mr. Odham of Seminole offered the following amendment to House Bill No. 40-X('49): Strike out the enacting clause. Mr. Odham moved the adoption of Amendment No. 3. Pending consideration thereof, Mr. Clement moved that when the House adjourn, it adjourn to reconvene at 2:30 P. M. today. Pending consideration thereof, Mr. Bryant offered a substitute motion that the time of adjournment be extended until final vote on Amendment No. 3, and that when the House adjourns, it adjourn to reconvene at 10:00 A. M. tomorrow. Mr. Beasley called for a division of the question. Mr. Bryant then moved that the time of adjournment be extended until final vote on Amendment No. 3. Pending consideration thereof, Mr. McClure offered an amendment to the substitute motion that the time of adjournment be extended until disposition of any motion to reconsider the final vote on Amendment No. 3. A roll call was demanded. When the vote was taken on the amendment to the substi- tute motion, the result was: Ayes: Black Bollinger Botts Branch Bryant Cobb Copeland Dayton Dekle Dowda Dunn Elliott Nays: Andrews Beasley Bedenbaugh Bridges Bronson Burnsed Burton Burwell Frank Haley Hough Johnson Keith Lancaster, H. Luckie McClure McKendree McMullen Merchant Merritt Carlton Carraway Clement Collins Cook Courtney David Douglas Monahan Moody Morgan Nesmith Odham Parker Pooser Roberts, J. P. Rood Scarborough Sellar Slaughter Fuqua Heath Henderson Hendry Hethcox Hudson Lancaster, D. Lantaff Smith, M. B. Stewart Strayhorn Summers Surles Sweeny Usina Wise Yeomans MacWilliam Mathis McAlpin Melvin Okell Papy Patton Pearce Peeples Saunders, S. D. Smith, L. W. Thornal Phillips Schuh Smith, W. A. Whitlock Roberts, Roy Shepperd Stockdale Williams Saunders, D. H. Simpson Tapper Wotitzky Ayes-45. Nays-48. The motion was not agreed to, and the amendment to the substitute motion failed of adoption. The question recurred on the substitute motion. When the result was: Ayes: Allen Black Bollinger Botts Branch Bryant Cobb Copeland Dayton Dekle Dowda Dunn Nays: Andrews Beasley Bedenbaugh Bridges Bronson Burnsed Burton Burwell Carlton Carraway Clement Collins Ayes-44. Nays-46. vote was taken on the substitute motion, the Elliott Frank Haley Hough Johnson Keith Lancaster, H. Luckie McClure McKendree Merchant Merritt Cook David Douglas Fuqua Heath Henderson Hendry. Hethcox Hudson Lancaster, D. Lantaff MacWilliam Monahan Moody Morgan Nesmith Odham Pooser Roberts, J. P. Rood Scarborough Sellar Slaughter Smith, M. B. Mathis McAlpin Melvin Okell Papy Patton Pearce Peeples Phillips Roberts, Roy Saunders, D. H. Saunders, S. D. Stewart Strayhorn Summers Sweeny Thornal Usina Wise Yeomans Schuh Shepperd Simpson Smith, L. W. Smith, W. A. Stockdale Tapper Whitlock Williams Wotitzky The motion was not agreed to, and the substitute motion failed of adoption. The question recurred on the motion that when the House adjourn, it adjourn to reconvene at 2:30 P. M. today. The motion was agreed to, and it was so ordered. The question recurred on the motion by Mr. Odham to adopt Amendment No. 3. Pending consideration thereof, Mr. Okell asked the consent of the House for him to be excused from attendance on the Session this afternoon because of an urgent matter, and announced he was pairing on questions likely to come before the House during the continued consideration of House Bill No. 40-X('49). Without objection, Mr. Okell's absence was excused. The question recurred on the motion by Mr. Odham to adopt Amendment No. 3. Pending consideration thereof, Mr. Clement moved that the House do now adjourn. The motion was agreed to, and at the hour of 12:59 P. M. the House stood adjourned until 2:30 o'clock this afternoon. AFTERNOON SESSION The House was called to order by the Speaker at 2:30 P. M. The roll was taken and the following Members were recorded present: Mr. Speaker Beasley Bollinger Bridges Allen Bedenbaugh Botts Bronson Andrews Black Branch Bryant 82 Morgan Nesmith Odham Parker Pearce Pooser Roberts, J. P. Rood Slaughter Smith, M. B. Smith, W. A. Stewart Strayhorn Summers Surles Sweeny Usina Sept. 19, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES Merchant Merritt Monahan Moody Morgan Nesmith Odham Papy Parker Patton Pearce Peeples Phillips Pooser Roberts, J. P. Roberts, Roy Rood Sellar Shepperd Simpson Slaughter Smith, L. W. Smith, W. A. Stewart Stockdale Strayhorn Summers Surles Sweeny Tapper Thornal Usina Whitlock Williams Burnsed Haley Burton Heath Burwell Henderson Carlton Hendry Carraway Hethcox Clement Hough Cobb Hudson Collins Johnson Cook Keith Copeland Lancaster, D. Courtney Lancaster, H. David Lantaff Dayton Luckie Dekle MacWilliam Douglas Mathis Dowda McAlpin Dunn McClure Elliott McKendree Frank McMullen Fuqua Melvin A quorum present. Excused: Mr. Okell. Mr. Clement, as Chairman of the Committee on Rules and Calendar, called up under Rule 17, Section 5, the following report- September 19, 1949. The Honorable Perry E. Murray, Speaker, House of Representatives, Tallahassee, Florida. Sir: Your Committee on Rules and Calendar recommends that the House of Representatives convene and adjourn on the dates and at the times as follows: September 19 convene 2:30 P. M.-adjourn 5:00 P. M. September 20 convene 10:00 A. M.-adjourn 1:00 P. M. September 20 convene 2:30 P. M.-adjourn 5:30 P. M. September 21 convene 10:00 A. M.-adjourn 1:00 P. M. September 21 convene 2:30 P. M.-adjourn 5:30 P. M. September 22 convene 10:00 A. M.-adjourn 1:00 P. M. September 22 convene 2:30 P. M.-adjourn 5:30 P. M. September 23 convene 10:00 A. M.-adjourn 1:00 P. M. September 23 convene 2:30 P. M.-adjourn 5:30 P. M. In meeting assembled to consider the foregoing recommenda- tion the vote was as follows: Ayes: Okell, Papy, Burwell, Wotitzky, Black, Cook, Allen, Tapper, Stewart, Nesmith, Bollinger, Hough, Carraway, Hendry, Thornal, Shepperd, Saunders, Collins, Beasley, Melvin, Roberts, Luckie, Johnson, Simpson, Bryant and Clement. Nays-None. Respectfully submitted, ARCHIE CLEMENT, Chairman Committee on Rules & Calendar. -and moved its adoption. The motion was agreed to, and the report was adopted. CONTINUATION OF SPECIAL AND CONTINUING ORDER H. B. No. 40-X('49)-A bill to be entitled An Act to define certain additional privileges, and to levy and provide for the collection of privilege taxes upon sales of personal property, upon admissions and upon rentals of real and personal property; providing for certain exemptions; to define certain words and terms used in this Act; to provide for the creation and enforcement of liens upon real and personal property of persons liable for the payment of such taxes; to authorize the promulgation of rules and regulations for the administration and enforcement of this Act; to appropriate monies derived from such taxes and to direct the payment of such monies derived from such taxes to the general revenue fund of the State of Florida, to the cost of administration and enforcement of this Act and to provide for impounding any surplus revenue; to provide for the operation of this Act in the event certain provisions herein shall be held invalid; providing for an effective date; to provide penalties for the violation of this Act; and repealing Sections 204.03 and 204.04, Florida Statutes, 1941, and conflicting laws. -was taken up, together with the following pending amend- ment- Amendment No. 3. "Strike out the enacting clause." The question recurred on the motion by Mr. Odham to adopt Amendment No. 3. Pending consideration thereof, Mr. Clement moved that the time of adjournment be ex- tended until after final vote on Amendment No. 3. The motion was agreed to, and it was so ordered. The question recurred on the motion by Mr. Odham to adopt Amendment No. 3. Pending consideration thereof, Mr. McClure moved that the time of adjournment be ex- tended until after final vote on Amendment No. 3 and the offering of another amendment. Pending consideration thereof, Mr. Tapper offered a substitute motion that the time of adjournment be extended until after roll call on the final passage of House Bill No. 40-X('49). A roll call When the v result was: Ayes: Andrews Beasley Bedenbaugh Black Bridges Bronson Burton Burwell Carlton Carraway Clement Nays: Allen Bollinger Botts Branch Bryant Burnsed Cobb Copeland Dayton Dekle Douglas Dowda Mr. Merritt was demanded. 'ote was taken Collins Cook David Fuqua Heath Henderson Hendry Hethcox Lancaster, D. Lantaff MacWilliam Dunn Elliott Frank Haley Hough Hudson Johnson Keith Lancaster, H. Luckie McAlpin McClure asked to be n on the substitute motion, the Mathis McMullen Melvin Nesmith Papy Patton Pearce Peeples Phillips Roberts, Roy Saunders, D. H. Saunders, S. D. Schuh Shepperd Simpson Smith, L. W. Stockdale Tapper Thornal Whitlock Wotitzky Merchant Smith, 1 Monahan Stewart Moody Strayhor Morgan Summers Odham Surles Parker Sweeny Pooser Usina Roberts, J. P. Williams Rood Wise Scarborough Yeomans Sellar Slaughter recorded as voting "nay". I.B. I Mr. Nesmith asked that his vote be changed from "aye" to "nay". Mr. Black asked that his vote be changed from "aye" to "nay". Ayes-41. Nays-49. The motion was not agreed to, and the substitute motion failed of adoption. The question recurred on the motion by Mr. McClure that the time of adjournment be extended until after final vote Saunders, D. H. Wise Saunders, S. D. Wotitzky Scarborough Yeomans 83 JOURNAL OF THE HOUSE OF REPRESENTATIVES Sept. 19, 1949 on Amendment No. 3 and the offering of another amend- ment. A roll call was ordered. When the vote was taken on the motion, the result was: Dunn Elliott Frank Haley Hough Hudson Johnson Keith Lancaster, H. Lantaff Luckie Mathis McAlpin Clement Collins Cook David Douglas Fuqua Heath Henderson Hendry Hethcox McClure McMullen Merchant Merritt Monahan Moody Morgan Nesmith Odham Parker Pooser Roberts, J. P. Rood Scarborough Sellar Slaughter Smith, M. B. Stewart Strayhorn Summers Surles Sweeny Usina Williams Wise Yeomans Ayes: Mr. Speaker Allen Black Bollinger Botts Branch Bryant Cobb Copeland Courtney Dayton Dekle Dowda Nays: Andrews Beasley Bedenbaugh Bridges Bronson Burnsed Burton Burwell Carlton Carraway Ayes-52. Nays-40. The motion was agreed to, and the time of adjournment was extended until after final vote on Amendment No. 3 and the offering of another amendment. The question recurred on the motion by Mr. Odham to adopt Amendment No. 3. A roll call was ordered. When the vote was taken on the motion to adopt Amend- ment No. 3, striking the enacting clause from House Bill No. 40-X('49), the result was: Dunn Elliott Frank Haley Hudson Johnson Lancaster, H. Luckie McClure McKendree Courtney David Douglas Dowda Fuqua Heath Henderson Hendry Hethcox Hough Keith Lancaster, D. Lantaff MacWilliam McMullen Merchant Monahan Moody Morgan Nesmith Odham Pooser Roberts, J. P. Rood Slaughter Smith, M. B. Smith, W. A. Stewart Strayhorn Summers Surles Sweeny Usina Mathis Scarborough McAlpin Schuh Melvin Sellar Merritt Shepperd Okell Simpson Papy Smith, L. W. Parker Stockdale Patton Tapper Pearce Thornal Peeples Whitlock Phillips Williams Roberts, Roy Wise Saunders, D. H. Wotitzky Saunders, S. D. Yeomans The motion was not agreed to, and Amendment No. 3 failed of adoption. EXPLANATIONS OF VOTE ON HOUSE BILL NO. 40-X('49) I am reminded of the more than 7,000 patients in our Mental Institutions and the 100,000 very worthy old people of our state, and the 30,000 helpless widows and children, plus the very worthy Educational program, that this legislature voted two years ago, as well as the future progress of Florida as a whole. And feeling that there is no other way out, in this critical period of State financing, I therefore, for this reason, vote yes on this Bill. R. M. MERRITT Representative, Escambia County The explanation of my negative vote on the amendment to strike the enacting clause from House Bill No. 40-X('49), I wish to say that my vote was cast the way the majority of the people of my county desired me to vote. The bill is far from good, but for the present, since we are unable to reduce the enormous Appropriation Bill, it will have to do. It will at least broaden our State Tax base and distribute the tax burden more fairly. TIM M. SELLAR Representative, Lake County Amendment No. 4- Mr. McClure of Pinellas offered the following amendment to House Bill No. 40-X('49): In Section 3, Sub-section (c), beginning on page 8 of the bill, strike out all of said Sub-section (c). Mr. McClure moved the adoption of Amendment No. 4. Pending consideration thereof, The point of order was raised that the time for adjournment had arrived. The Speaker held the point was well taken. ENGROSSING REPORTS House of Representatives, Tallahassee, Florida, September 19, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: Your Engrossing Clerk, to whom was referred, with amend- ments- H. B. No. 80-X('49)-A bill to be entitled An Act amending Section 550.16, Florida Statutes 1941, as amended by Chapter 21,744, Laws of Florida Acts of 1943 and Chapter 22,589, Laws of Florida Acts of 1945, and Chapter 25,257, Laws of Florida Acts of 1949, relating to pari-mutuel pools authorized within enclosure at dog race tracks and providing that dog race tracks having an average daily pari-mutuel pool of less than $23,000.00 for the preceding racing season, shall be permitted to operate pari-mutuel wagering upon the payment of a daily license fee of $500.00 and providing for the distribution of the proceeds from said license tax; repealing all laws or parts of laws in conflict herewith and fixing the effective date of this Act. -begs leave to report same has been carefully examined and found to be correctly engrossed. Very respectfully, LAMAR BLEDSOE, Engrossing Clerk ex-officio as Chief Clerk of the House of Representatives. And House Bill No. 80-X('49), contained in the above report, was ordered to be certified to the Senate. ENROLLING REPORTS House of Representatives. Tallahassee, Florida September 19, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: Your Enrolling Clerk, to whom was referred- 84 Lancaster, D. Saunders, S. D. MacWilliam Schuh Melvin Shepperd Papy Simpson Patton Smith, L. W. Pearce Stockdale Peeples Tapper Phillips Thornal Roberts, Roy Whitlock Saunders, D. H. Wotitzky Ayes: Mr. Speaker Allen Bollinger Botts Branch Bryant Cobb Copeland Dayton Dekle Nays: Andrews Beasley Bedenbaugh Black Bridges Bronson Burnsed Burton Burwell Carlton Carraway Clement Collins Cook Ayes-39. Nays-56. JOURNAL OF THE HOUSE House Bill No. 25-X('49) House Bill No. 45-X('49) House Bill No. 50-X('49) -begs leave to report same have been signed in open session by the Speaker and the Chief Clerk of the House of Repre- sentatives and by the President and Secretary of the Senate, and this day present to the Governor for his approval. Very respectfully, LAMAR BLEDSOE, Enrolling Clerk ex officio as Chief Clerk of the House of Representatives. The following registration with the Chief Clerk was made under Rule 14. Sept. 19, 1949 E OF REPRESENTATIVES 85 I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Carl T. Johnson, my occu- pation is Secretary, Treasurer, Gen. Mgr. Pensacola Kennel Club, and that I am employed by and appear in the interest of Pensacola Kennel Club, whose address is Pensacola, Florida, and for the following period Duration of Special Session. CARL T. JOHNSON State of Florida, County of Leon. Sworn to and subscribed before me this 19th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large My Commission expires Nov. 28, 1949. At the hour of 6:08 P.M., the House stood adjourned until 10:00 o'clock tomorrow morning. EXTRAORDINARY SESSION JOURNAL OF THE HOUSE OF REPRESENTATIVES Tuesday, September 20, 1949 The House was called to order by the Speaker at 10:00 A. M. The roll was taken and the following Members were recorded present: Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin McClure A quorum present. The following prayer was Hunter, Chaplain: McKendree Sellar McMullen Shepperd Melvin Simpson Merchant Slaughter Merritt Smith, L. W. Monahan Smith, M. B. Moody Smith, W. A. Morgan Stewart Nesmith Stockdale Odham Strayhorn Okell Summers Papy Surles Parker Sweeny Patton Tapper Pearce Thornal Peeples Usina Phillips Whitlock Pooser Williams Roberts, Roy Wise Rood Wotitzky Saunders, D. H. Yeomans Saunders, S. D. Scarborough Schuh offered by the Reverend J. L. O God, our Father, we give Thee thanks for this new day and for Thy mercy that has been ours. Grant us forgiveness of sins and the power and grace to serve Thee acceptably. We are reminded in Thy holy word that "except the Lord build the house they labor in vain who build it; except the Lord keep the city the watchman waketh in vain." O Lord, be pleased to labor with these men today and may that which is done be the work of the invisible, yet omnipotent hand of the Almighty, and all wise, Eternal God. Unless Thou art with us we labor in vain, and the work of our hands will fail. We plead for the presence of our God. In Christ's name. Amen. Mr. Clement, as Chairman of the Committee on Rules and Calendar, called up, under Section 5 of Rule 17, the following report of the committee- September 20, 1949. Honorable Perry E. Murray, Speaker, House of Representatives, Tallahassee, Florida. Sir: Your Committee on Rules and Calendar recommends that the House adopt as the Order of the Day for September 20, 1949, the order of business as follows: That immediately following Receiving of Communica- tions the House consider Senate Messages, and immediately following consideration of Senate Messages the House consider House Bill No. 40-X, and that immediately fol- lowing consideration of House Bill No. 40-X the House consider House Bill No. 39-X. Mr. Speaker Allen Andrews Beasley Black Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney David Dayton 86 In meeting assembled to consider the foregoing recommenda- tions the vote was as follows: Ayes: Okell, Burwell, Wotitzky, Cook, Tapper, Sellar, Carra- way, Smith, Shepperd, Saunders, Melvin, Yeomans, Luckie, Simpson, Carlton, Black and Clement. Nays: Hough, Botts, Bryant and Nesmith. Respectfully submitted, ARCHIE CLEMENT, Chairman Committee on Rules & Calendar. -and moved its adoption. The motion was agreed to, and the report was adopted. Mr. Roberts of Bradford asked to be recorded present. CORRECTION OF THE JOURNAL The Journal for Friday, September 16, was ordered cor- rected as follows: On Page 63, Column 2, Line 31, counting from top of the page, strike out "line 8" and insert "lines 9, 10 and 11". On Page 74, strike out the last nine lines in Column 1 and the first five lines in Column 2 and insert the following: "By Mr. Sellar of Lake- H. B. No. 101-X('49)-A bill to be entitled An Act to pro- vide for the raising of public revenue by certain sales and use taxes; levying or authorizing the levy of certain taxes upon the privilege of engaging in certain occupations, upon own- ing, holding or using certain property, upon certain busi- ness and commercial transactions and enterprises, and upon the use of personal property; defining the duties of the Comptroller of the State of Florida for the orderly adminis- tration of this Act; providing that certain courts shall have jurisdiction to hear and determine causes incident to this Act; providing for the reduction of the ad valorem tax rate for school purposes in the several counties of the State; providing penalties for the violation of the terms hereof and repealing certain laws or parts of laws in conflict herewith." The Journal for Friday, September 16, as corrected, was approved. The Journal for Monday, September 19, was ordered cor- rected as follows: On Page 79, Column 2, counting from top of the page, strike out Line 13 and insert the following: "By Messrs. Lantaff, Okell and Stockdale of Dade; Bryant of Marion; Cobb of Volusia; Botts of Escambia; Burwell and David of Broward; and Dayton of Pasco-" The Journal for Monday, September 19, as corrected, was approved. Mr. Okell moved that the House do now reconsider the vote on Friday by which Senate Bill No. 25-X('49) failed of the Constitutional two-thirds consent for introduction. The motion was agreed to, and the vote was reconsidered. The question recurred on Mr. Okell's request that the House consent by the Constitutional two-thirds vote to the introduction of Senate Bill No. 25-X('49). JOURNAL OF THE HOU Introduction of the bill was agreed to by a two-thirds vote of the House. Senate Bill No. 25-X('49): A bill to be entitled An Act amending Section 192.06, Florida Statutes, relating to the exemption of certain properties from ad valorem taxes, and excluding properties held and operated for profit from the right to exemption under said section as amended. The bill was read the first time by title and referred to the Committee on Finance and Taxation. Mr. Copeland moved that House Bill No. 99-X('49) be withdrawn from the Committee on Salt Water Fisheries and placed on the Calender. The motion was agreed to, and House Bill No. 99-X('49) was ordered withdrawn from the Committee on Salt Water Fisheries and placed on the Calendar. MESSAGES FROM THE SENATE The following messages from the Senate were received and read: SENATE CHAMBER Tallahassee, Florida, September 16, 1949 The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- H. B. No. 90-X('49)-A bill to be entitled An Act amending Section 27, Chapter 25342, Laws of Florida, Acts of 1949, which regulates the size, weight and equipment of certain motor vehicles using the highways of this state, so as to permit the operation upon such highways of certain vehicles which may not be in conformity of said Act, for a certain period of time. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. And House Bill No. 90-X('49) contained in the above mes- sage, was referred to the Chief Clerk for enrollment. SENATE CHAMBER Tallahassee, Florida, September 16, 1949 The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- Senate Bill No. 59-X('49): A bill to be entitled An Act providing for the County Tax Assessor and County Tax Collector of St. Johns County, Flor- ida, to act as the Tax Assessor and Tax Collector for the Town of Hastings; providing for the method of assessing and collecting municipal taxes; providing for the County Com- missioners to act as the municipal Board of Equalization; prescribing the duties and powers of the Tax Assessor and Tax Collector necessary to carry out the provisions of this Act and providing for the abolition of the offices of Town Tax Collector and Town Tax Assessor for the Town of Hastings, and providing for a local referendum. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Introduction of the bill was agreed to by a two-thirds vote of the House. Sept. 20, 1949 SE OF REPRESENTATIVES 87 And Senate Bill No. 59-X('49) contained in the above mes- sage, was read the first time by title and ordered placed on the Local Calendar. SENATE CHAMBER Tallahassee, Florida, September 16, 1949 The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed by the required Constitutional two-thirds vote of all members elected to the Senate for the 1949 Extraordinary Session of the Legislature: Senate Bill No. 61-X('49): A bill to be entitled An Act for the relief of Columbus Green of Orange Park, Florida, and authorizing the Board of County Commissioners of Clay County, Florida, to make provisions for such relief. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Introduction of the bill was not agreed to by a two-thirds vote of the House. SENATE CHAMBER Tallahassee, Florida, September 16, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- Senate Bill No. 62-X(49): A bill to be entitled An Act establishing the fees of the Clerk of the Criminal Court of Record of Broward County in felony and misdemeanor cases and in civil cases wherein said clerk functions as Clerk of the County Court. SProof of Publication attached to above bill. Also- Senate Bill No. 60-X(49): A bill to be entitled An Act repealing Chapter 19715, Laws of Florida, 1939, creating and establishing the City of Canaveral in Brevard County, Florida, and providing for a referendum. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Proof of publication of Notice attached to S. B. No. 62-X(49). 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. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 62-X('49), contained in the above message, was read the first time by title and ordered placed on the Local Calendar. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 60-X(49), contained in the above message, was read the first time by title and ordered placed on the Local Calendar. Mr. Bedenbaugh asked to be recorded present. 88 SENATE CHAMBER Tallahassee, Florida, September 16, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- Senate Bill No. 63-X(49): A bill to be entitled An Act to authorize and empower the zoning director of Duval County, Florida, to charge and collect a fee for the issuance of each building permit for the con- struction, moving, reconstruction or structural alteration of any building and the installation of any pump or tank, in the unincorporated area of said county; fixing the fees therefore and providing that such fees be paid into the general fund of the county and to be used for county purposes, providing for certain exemptions; providing for the giving of affidavits pre- requisite to the issuance of permits and for the enforcement of this Act and for penalties for violation thereof. Proof of Publication attached to above bill. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Proof of publication of Notice attached to S. B. No. 63-X(49). 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. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 63-X(49), contained in the above message, was read the first time by title and ordered placed on the Local Calendar. SENATE CHAMBER Tallahassee, Florida, September 16, 1949. The Honorable Perry E. Murray, 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- Senate Bill No. 58-X(49): A bill to be entitled An Act amending Section 236.33, Florida Statutes, relating to taxation for school purposes. Also- Senate Bill No. 42-X(49): A bill to be entitled An Act adding a new and additional section to Chapter 73, Florida Statutes, relating to eminent domain proceedings and providing that the court shall have jurisdiction and control over taxes and tax proceedings as to lands involved in eminent domain proceedings and that such tax proceedings may be stayed by the court pending the determination of the eminent domain proceeding. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 58-X(49), contained in the above message, was read the first time by title and was referred to the Committee on Education. Sept. 20, 1949 Consideration of the admissibility of Senate Bill No. 42-X(49) was informally passed. SENATE CHAMBER Tallahassee, Florida, September 19, 1949. The Honorable Perry E. Murray, 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- Senate Bill No. 20-X(49): A bill to be entitled An Act designating and declaring all public roads and bridges now in existence, or which will be hereafter constructed or built, by the several counties of the State of Florida to be general public projects and undertakings and as state roads for the purpose of receiving and partici- pating in the benefits of the Act passed at this session of the Legislature, imposing an additional tax on gasoline or other like products of petroleum and designated "Secondary Roads Assistance Act of 1949." Also- Senate Bill No. 50-X(49): A bill to be entitled An Act amending Sections 330.08, 330.13 and 330.23, Florida Statutes 1941, as amended relating to the registration of aircraft and providing for an increase in the rate charged certain aircraft and for the disposition of registration monies collected. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Mr. Clement asked that the House consent by the Con- stitutional two-thirds vote to the introduction of Senate Bill No. 20-X('49). A roll call was ordered When the vote was taken on the request for consent to the introduction of Senate Bill No. 20-X('49), the result was: Ayes: Andrews Bedenbaugh Black Bridges Bronson Burnsed Burton Burwell Carlton Carraway Clement Collins Cook Courtney David Dayton Douglas Dowda Nays: Allen Botts Bryant Cobb Ayes-69. Nays-14. The request No. 20-X('49) House. Dunn Fuqua Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin McClure Copeland Dekle Frank Haley McKendree Shepperd McMullen Simpson Melvin Slaughter Merritt Smith, L. W. Monahan Smith, M. B. Moody Smith, W. A. Nesmith Strayhorn Okell Surles Papy Tapper Parker Thornal Patton Usina Peeples Whitlock Roberts, Roy Williams Saunders, D. H. Wotitzky Saunders, S. D. Yeomans Scarborough Schuh Sellar Merchant Morgan Odham Pooser Rood Sweeny for consent to the introduction of Senate Bill was agreed to by a two-thirds vote of the JOURNAL OF THE HOUSE OF REPRESENTATIVES Senate Bill No. 20-X('49) was read the first time by title and referred to the Committee on Public Roads. Consideration of the admissibility of Senate Bill No. 50-X ('49), contained in the above message, was informally passed. SENATE CHAMBER Tallahassee, Florida, September 19, 1949. The Honorable Perry E. Murray, 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- Senate Bill No. 65-X(49): A bill to be entitled An Act to provide for reduction of ad valorem tax millage in any year whenever the assessment valuation of property has been raised above that for the previous year on the basis of the full cash value thereof in all counties in the State of Florida having a population of not less than 150,000 and not more than 250,000, according to the last State Census. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 65-X('49) contained in the above mes- sage, was read the first time by title and was referred to the Committee on Local Government. SENATE CHAMBER Tallahassee, Florida, September 19, 1949. The Honorable Perry E. Murray, 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- Senate Bill No. 69-X(49): A bill to be entitled An Act designating and establishing certain State Roads in Highlands County, Florida. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 69-X('49) contained in the above mes- sage, was read the first time by title and was referred to the Committee on Public Roads. SENATE CHAMBER Tallahassee, Florida, September 19, 1949. The Honorable Perry E. Murray, 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- Senate Bill No. 66-X(49): A bill to be entitled An Act providing that the City Com- mission of the City of West Palm Beach may assess the total 89 net cost of increased trash collection service occasioned by certain natural calamities against all lands in the city, in- cluding homesteads, on some equitable or uniform basis; pro- viding the manner in which such assessments shall be equal- ized and paid, prescribing interest rates, due dates and pro- viding means for enforcing such assessments; repealing all laws and parts of laws in conflict herewith; providing when this Act shall be effective; and for other purposes. Proof of Publication attached to above bill. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Consideration of the admissibility of Senate Bill No. 66-X('49) was informally passed. SENATE CHAMBER Tallahassee, Florida, September 19, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- Senate Bill No. 67-X('49): A bill to be entitled An Act authorizing and empowering any drainage district located in any county in the State of Florida having a population of not less than 19,020 and not more than 19,330 according to the last State census, to com- promise, adjust, cancel and settle delinquent sinking fund and maintenance drainage taxes together with accrued pen- alties, costs and interests thereon for the years 1924 to 1945, both inclusive, at a sum equal to ten (10%) per cent thereof, upon payment in full, in cash, of all sinking fund and main- tenance drainage taxes together with accrued penalties, costs, and interest thereon, for the years 1946, 1947, 1948 and 1949; and authorizing the Board of Supervisors of any such drain- age district to receive such payments in full settlement of such drainage taxes; and providing further for written per- mission of the holders of seventy-five (75%) per cent of the district bonds before any such drainage district may proceed to adjust and settle such taxes under the provisions of this Act; and other matters relating to the drainage taxes in any such county. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 67-X('49) contained in the above mes- sage, was read the first time by title and was referred to the Committee on Local Government. SENATE CHAMBER Tallahassee, Florida, September 19, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed- Senate Bill No. 17'-X('49): A bill to be entitled An Act to define certain additional privi- leges, and to levy and provide for the collection of privilege taxes upon sales of personal property, upon admissions and upon rentals of real and personal property; providing for cer- tain exemptions; to define certain words and terms used in this Act; to provide for the creation and enforcement of liens Sept. 20, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE upon real and personal property of persons liable for the payment of such taxes; to authorize the promulgation of rules and regulations for the administration and enforcement of this Act; to appropriate monies derived from such taxes and to direct the payment of such monies derived from such taxes to the General Revenue Fund of the State of Florida, to the cost of administration and enforcement of this Act and to pro- vide for impounding any surplus revenue; to provide for the operation of this Act in the event certain provisions herein shall be held invalid; providing for an effective date; to pro- vide penalties for the violation of this Act; and repealing Sec- tions 204.03 and 204.04, Florida Statutes, 1941, and conflicting laws. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Introduction of the bill was agreed to by a two-thirds vote of the House. And Senate Bill No. 17-X('49) contained in the above mes- sage, was read the first time by title and was referred to the Committee on Finance and Taxation. Mr. Clement moved that Senate Bill No. 17-X('49) be withdrawn from the Committee on Finance and Taxation and placed on the Calendar. The motion was agreed to, and Senate Bill No. 17-X('49) was ordered withdrawn from the Committee on Finance and Taxation and placed on the Calendar. SENATE CHAMBER Tallahassee, Florida, September 19, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Representatives that the Senate has passed by the required Constitutional two-thirds vote of all members elected to the Senate for the 1949 Extraordinary Session of the Legislature: Senate Bill No. 68-X('49): A bill to be entitled An Act providing for the relief of the Bank of Blountstown by a payment from funds of the Board of Public Instruction of Calhoun County. Proof of Publication attached to above bill. And respectfully requests the concurrence of the House therein. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. Consideration of the admissibility of Senate Bill No. 68-X('49) was informally passed. SENATE CHAMBER Tallahassee, Florida, September 20, 1949. The Honorable Perry E. Murray, 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- H. B. No. 12-X('49)-A bill to be entitled An Act designat- ing and establishing a certain State Road in Saint Lucie County, Florida. Also- H. B. No. 43-X('49)-A bill to be entitled An Act to provide for the use of voting machines for all elections in Orange County, Florida, and providing for County Commissioners or E OF REPRESENTATIVES Sept. 20, 1949 governing authorities to purchase, lease, or rent machines for election purposes. Proof of Publication attached to above bill. Also- H. B. No. 44-X('49)-A bill to be entitled An Act relating to the establishment and creation of fire control districts in certain parts of Orange County, Florida; providing for the levying of taxes for the payment of costs and expenses; and providing for a referendum thereon within Districts. Proof of Publication attached to above bill. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. SENATE CHAMBER Tallahassee, Florida, September 20, 1949. The Honorable Perry E. Murray, 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- H. B. No. 65-X('49)--A bill to be entitled An Act authorizing the Board of County Commissioners of DeSoto County, Florida to annually levy a rate of millage not to exceed two mills against all of the taxable property in said county, for the purpose of bridge construction, maintenance, and repair thereof in DeSoto County, Florida. Proof of Publication attached to above bill. Also- H. B. No. 68-X('49)-A bill to be entitled An Act author- izing the Board of County Commissioners of Martin County, Florida, to contribute not to exceed five hundred ($500.00) dollars annually for the support and maintenance of one non- profit organization in each community in Martin County, Florida, and authorizing a tax levy for such purpose. Proof of Publication attached to above bill. Also- H. B. No. 70-X('49)-A bill to be entitled An Act ratifying, confirming, validating and legalizing the assessments and valuations of properties and levies of taxes made by the Town of Lauderdale-by-the-Sea, Broward County, Florida, for the year 1948, and authorizing the collection of said taxes in the manner provided by law. Proof of Publication attached to above bill. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. SENATE CHAMBER Tallahassee, Florida, September 20, 1949. The Honorable Perry E. Murray, 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- H. B. No. 81-X('49)-A bill to be entitled An Act author- izing the City Commission of the City of DeLand, Florida, to establish and create by ordinance, a pension annuity and retirement system for any or all groups of officers and em- ployees employed by said city; to provide benefits under in- surance contracts issued by a carrier authorized to do business in Florida; to provide for contribution to the costs thereof on an actuarial basis; to provide for the manner in which officers and employees may come under the operation of said system; to provide for repayment to members leaving the service of the city; to provide for contributions into said sys- tem by the City of DeLand in an amount necessary to create an adequate pension plan. Proof of Publication attached to above bill. Also- H. B. No. 76-X('49)-A bill to be entitled An Act amending Section 1 and Section 4 of Chapter 24618, Laws of Florida, Acts of 1947, entitled, "An Act affecting the government of the City of Jacksonville by creating and providing for a recreation department and board for said City, prescribing its power and duties and authorizing the issuance of revenue certificates to finance the cost of providing recreational facili- ties"; so as to remove the limitation placed upon the pay- ment of salaries and to increase the authorization for the issuance of revenue certificates from two hundred thousand dollars to nine hundred fifty thousand dollars. Proof of Publication attached to above bill. Also- H. B. No. 75-X('49)-A bill to be entitled An Act authorizing the City of Jacksonville to acquire real estate for the extension of recreational facilities; requiring the sum of one hundred thousand dollars ($100,000.00) to be set up in the annual budget each year for four years in a recreational facilities fund for the purpose of acquiring such real estate, and requiring the use of such funds exclusively for such purpose; and authorizing the execution and issuance of certain instruments secured solely by a pledge of the moneys in such fund for the acquisi- tion of such real estate. Proof of Publication attached to above bill. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. SENATE CHAMBER Tallahassee, Florida, September 20, 1949. The Honorable Perry E. Murray, 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- H. B. No. 30-X('49)-A bill to be entitled An Act prescrib- ing the amount and authorizing the compensation to be paid to and received by the Chairman and other Members of County Boards of Public Instruction in Counties of the State of Florida having not less than Nine Hundred instruction units nor more than One Thousand Four Hundred and Fifty in- struction units according to the last annual computation of such units made as prescribed by Section 29 of Chapter 23726, Laws of Florida, Acts of 1947; providing for the payment of expenses of such board members and specifying the effective date of said Act. Proof of Publication attached to above bill. Also- H. B. No. 51-X('49)-A bill to be entitled An Act providing that in all counties having a population of more than 2900 and not more than 2975 according to the last State Census, the members of the Board of County Commissioners shall receive a salary of twelve hundred ($1200) dollars per year, each payable in twelve equal installments out of and from the General Revenue Fund of said county and repealing all laws and parts of laws in conflict herewith. Also- H. B. No. 61-X('49)-A bill to be entitled An Act fixing the annual salary of the tax assessor and tax collector for all counties having a population of not less than 4975, or more 91 than 5065, according to the most recent State Census, and repealing all laws in conflict herewith. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. SENATE CHAMBER Tallahassee, Florida, September 20, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: I am directed by the Senate to inform the House of Repre- sentatives that the Senate has passed by the required Con- stitutional two-thirds vote of all members elected to the Senate for the 1949 Extraordinary Session of the Legislature- H. B. No. 42-X('49)-A bill to be entitled An Act for the relief of Mrs. Louise Thrasher, widow of former constable T. F. Thrasher, deceased; A. F. Graves, deputy constable; and E. G. Duckworth, justice of the peace, both of District No. 1, Orange County, Florida, for certain court costs and expenses of said justice of the peace court. Proof of Publication attached to above bill. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. SENATE CHAMBER Tallahassee, Florida, September 20, 1949. The Honorable Perry E. Murray, 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- H. B. No. 72-X('49)--A bill to be entitled An Act authorizing the City Commission of the City of Jacksonville to lease advertising space on its parking meters and the stands sup- porting said meters. Proof of Publication attached to above bill. Also- H. B. No. 73-X('49)--A bill to be entitled An Act amending Section 6 of Chapter 18610, Laws of Florida, Special Acts of 1937, as amended by Section 5 of Chapter 19902, Laws of Florida, Special Acts of 1939, and as further amended by Section 2 of Chapter 21320, Laws of Florida, Special Acts of 1941, entitled, "An Act providing for pensions for employees of the City of Jacksonville." Proof of Publication attached to above bill. Very respectfully, ROBT. W. DAVIS, Secretary of the Senate. And House Bills Nos. 12-X('49), 43-X('49), 44-X('49), 65-X('49), 68-X('49), 70-X('49), 81-X('49), 76-X('49), 75-X('49), 30-X('49), 51-X('49), 61-X('49), 42-X('49), 72-X('49) and 73-X('49), contained in the above messages, Were referred to the Chief Clerk for enrollment. Mr. Beasley moved that the House stand in recess until 11:15 A. M. The motion was agreed to, and at 10:45 A. M. the House stood in recess. The House reconvened at 11:15 A. M. Mr. Clement, as Chairman of the Committee on Rules and Calendar, called up, under Section 5 of Rule 17, the fol- lowing report of the committee- Sept. 20, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES 92 September 20, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Tallahassee, Florida. Sir: Your Committee on Rules and Calendar recommends that the House adopt as a Special and Continuing Order Senate Bill No. 17-X(49) upon reconvening at 11:15 A. M., Septem- ber 20, 1949. In meeting assembled to consider the foregoing recom- mendation the vote was as follows: Ayes: Okell, Burwell, Wotitzky, Cook, Tapper, Sellar, Hough, Carraway, Hendry, Thornal, Bronson, Smith, Shep- perd, Saunders, Collins, Beasley, Melvin, Roberts, Yeomans, Johnson, Simpson, Bryant, Papy, Carlton, Nesmith, McKendree and Clement. Nays: Luckie, Botts, Black, Allen, and Stewart. Respectfully submitted, ARCHIE CLEMENT, Chairman Committee on Rules & Calendar. -and moved its adoption. The report was agreed to, and the report was adopted. Senate Bill No. 17-X(49): A bill to be entitled An Act to define certain additional privi- leges, and to levy and provide for the collection of privilege taxes upon sales of personal property, upon admissions and upon rentals of real and personal property; providing for cer- tain exemptions; to define certain words and terms used in this Act; to provide for the creation and enforcement of liens upon real and personal property of persons liable for the payment of such taxes to authorize the promulgation of rules and regulations for the administration and enforcement of this Act; to appropriate monies derived from such taxes and to direct the payment of such monies derived from such taxes to the General Revenue Fund of the State of Florida, to the cost of administration and enforcement of this Act and to pro- vide for impounding any surplus revenue; to provide for the operation of this Act in the event certain provisions herein shall be held invalid; providing for an effective date; to pro- vide penalties for the violation of this Act; and repealing Sec- tions 204.03 and 204.04, Florida Statutes, 1941, and conflicting laws. -was taken up. Mr. Clement moved that the rules be waived and Senate Bill No. 17-X(49) be read a second time by title. The motion was agreed to by a two thirds vote and Senate Bill No. 17-X(49) was read a second time by title. Pending consideration thereof, Mr. Beasley moved that the House stand in recess until 12 o'clock noon. The motion was agreed to, and at 11:27 A. M. the House stood in recess. The House reconvened at 12 o'clock noon. Senate Bill No. 17-X(49): A bill to be entitled An Act to define certain additional privi- leges, and to levy and provide for the collection of privilege taxes upon sales of personal property, upon admissions and upon rentals of real and personal property; providing for cer- tain exemptions; to define certain words and terms used in this Act; to provide for the creation and enforcement of liens upon real and personal property of persons liable for the payment of such taxes to authorize the promulgation of rules and regulations for the administration and enforcement of this Act; to appropriate monies derived from such taxes and to direct the payment of such monies derived from such taxes to the General Revenue Fund of the State of Florida, to the cost of administration and enforcement of this Act and to pro- vide for impounding any surplus revenue; to provide for the Sept. 20, 1949 operation of this Act in the event certain provisions herein shall be held invalid; providing for an effective date; to pro- vide penalties for the violation of this Act; and repealing Sec- tions 204.03 and 204.04, Florida Statutes, 1941, and conflicting laws. -was taken up, on second reading. Amendment No. 1- Messrs. Beasley of Walton, Schuh of Pinellas, and McAlpin of Hamilton, offered the following amendment to Senate Bill No. 17-X(49): Strike out all of Section 8 of the engrossed bill, and insert in lieu thereof the following: "Section 8. That the sale at retail, the use, the con- sumption, the distribution, and the storage to be used or consumed in this State, of the following tangible personal property, is hereby specifically exempt from the tax imposed by this Act: "Fresh meats, cured meats not otherwise processed, fresh fruit and fruit juices, fresh vegetables, grits, eggs, meal, baking powder, soda, flour, salt, pepper, milk, coffee, tea, lard and shortening, oleomargarine, butter, bakery products, fish and other seafoods, cocoa, cigarettes, alcoholic beverages, beer, ice, sugar, syrup, poultry, soap and soap powders and detergents, fuel oil, caskets, irish and sweet potatoes, frozen foods, baby foods, dried or cured vegetables and fruits, honey, citrus, fresh and processed, seeds, feeds, fertilizers, water (not to include, however, mineral water or carbonated water, or any water put up in bottles, jugs, or other containers), news- papers, school books and school lunches, motor fuel. "Also exempt are professional, insurance or personal serv- ice transactions which involve sales as inconsequential ele- ments for which no separate charge is made, and likewise exempted are all sales made to or by the United States of America, the State of Florida, or any county or municipality within the State and all sales made to or by any govern- mental unit, State or Federal. "Medicine, compounded in a retail establishment by phar- macists licensed by the State of Florida according to an indi- vidual prescription or prescriptions and refills written by a practitioner of the healing arts licensed by the State of Florida, or a sister State, and common household medicinal remedies recommended and generally sold for the relief of pain, ailment, distress or disorder of the human body, accord- ing to a list prescribed, and approved by the State Board of Health, which said list shall be certified to the Comptroller and from time to time be included in the rules and regula- tions promulgated by the Comptroller. Mr. Beasley moved the adoption of Amendment No. 1. The motion was agreed to, and Amendment No. 1 was adopted. Amendment No. 2. Messrs. Stewart of Hendry, Strayhorn of Lee and Slaughter of Suwannee, offered the following amendment to Senate Bill No. 17-X('49). At the end of Section 8 as amended of the above bill insert the following sentence: "There shall be exempt from the pro- visions of this act all materials, supplies, machinery and equip- ment (including replacements) used, consumed or applied in the planting, cultivating, producing, hauling and transporting to processing plant and first processing of any agricultural commodity as defined in this act." Mr. Stewart moved the adoption of Amendment No. 2. A roll call was ordered. Ayes: Allen Bollinger Botts Bryant Cobb Copeland Dayton Dekle Dowda Elliott Frank Haley Johnson McKendree Monahan Morgan Nesmith Odham Pearce Peeples Pooser Rood Scarborough Smith, M. B. Stewart Strayhorn Summers Sweeny JOURNAL OF THE HOUSE OF REPRESENTATIVES Sept. 20, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES David Douglas Dunn Fuqua Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, D. Lancaster, H. Lantaff MacWilliam Mathis Schuh McAlpin Sellar McClure Shepperd McMullen Simpson Melvin Smith, L. W. Merchant Smith, W. A. Merritt Stockdale Papy Surles Parker Tapper Patton Thornal Phillips Whitlock Roberts, J. P. Williams Roberts, Roy Wise Saunders, D. H. Wotitzky Saunders, S. D. Yeomans The motion was not agreed to, and Amendment No. 2 was not adopted. Amendment No. 3. Messrs. Tapper of Gulf, Collins of Sarasota, Schuh and Clement of Pinellas, offered the following amendment to Senate Bill No. 17-X('49). In Section 8 of the engrossed bill, as amended, at the end of said Section, insert the following paragraph: "Articles of clothing, including shoes, hats and underwear, where the price at which the same is sold is Ten Dollars ($10.00) or less, on any single item thereof: provided, that sales of articles of clothing ordinarily sold or offered for sale as a pair, or as a suit or ensemble, shall be considered single items under this exemption." Mr. Collins moved the adoption of Amendment No. 3. Pending consideration thereof, Amendment to Amendment No, 3. Mr. Henderson of Leon, offered the following amendment to Amendment No. 3 to Senate Bill No. 17-X('49). After the word "exemption" strike the period and add the following "provided fabrics by the yard classified as wearing apparel fabrics shall be included in the term articles of clothing." Mr. Henderson moved the adoption of the amendment to Amendment No. 3. The motion was agreed to, and the amendment to Amend- ment No. 3 was adopted. The question recurred on the motion to adopt Amendment No. 3, as amended. Pending consideration thereof, Mr. Clement raised the point of order that the time had arrived for the introduction of guests. The Chair held the point was well taken. Mr. Wise moved that a committee of three be appointed to escort to the rostrum the Honorable Bob Sikes, Member of Congress from the Third District, and Mrs. Sikes. The motion was agreed to, and it was so ordered. The Chair appointed Messrs. Wise, Melvin and Yeomans as the committee to escort Congressman and Mrs. Sikes to the rostrum, where they were presented. Mr. Collins introduced the Honorable John R. Peacock, a former Member of the House. Mr. Clement moved that the House do now adjourn. The motion was agreed to, and at the hour of 12:55 P.M., the House stood adjourned until 2:30 P.M. today. Afternoon Session The House was called to order by the Speaker at 2:30 P.M. The roll was taken and orded present: Nays: Andrews Beasley Bedenbaugh Black Bridges Bronson Burnsed Burton Burwell Carlton Carraway Clement Collins Cook Courtney Ayes--28. Nays-60. Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Henderson Hendry Hethcox Hough Hudson Johnson Keith Lancaster, D Lancaster, H Lantaff Luckie MacWilliam Mathis McAlpin the following Members were rec- McClure Scarborough McKendree Schuh McMullen Sellar Melvin Shepperd Merchant Simpson Merritt Slaughter Monahan Smith, L. W. Moody Smith, M. B. Morgan Smith, W. A. Nesmith Stewart Odham Stockdale Okell Strayhorn Papy Summers Parker Surles Patton Sweeny Pearce Tapper Peeples Thornal .Phillips Usina [. Pooser Whitlock Roberts, J. P. Williams Roberts, Roy Wise Rood Wotitzky Saunders, D. H. Yeomans Saunders, S. D. A quorum present. Senate Bill No. 17-X('49): A bill to be entitled An Act to define certain additional privi- leges, and to levy and provide for the collection of privilege taxes upon sales of personal property, upon admissions and upon rentals of real and personal property; providing for cer- tain exemptions; to define certain words and terms used in this Act; to provide for the creation and enforcement of liens upon real and personal property of persons liable for the payment of such taxes to authorize the promulgation of rules and regulations for the administration and enforcement of this Act; to appropriate monies derived from such taxes and to direct the payment of such monies derived from such taxes to the General Revenue Fund of the State of Florida, to the cost of administration and enforcement of this Act and to pro- vide for impounding any surplus revenue; to provide for the operation of this Act in the event certain provisions herein shall be held invalid; providing for an effective date; to pro- vide penalties for the violation of this Act; and repealing Sec- tions 204.03 and 204.04, Florida Statutes, 1941, and conflicting laws. was taken up, together with the following pending amend- ment, as amended: Amendment No. 3, as amended. Messrs. Tapper of Gulf, Collins of Sarasota, Schuh and Clement of Pinellas, offered the following amendment to Senate Bill No. 17-X('49). In Section 8 of the engrossed bill, as amended, at the end of said section, insert the following paragraph: "Articles of clothing, including shoes, hats and underwear, where the price at which the same is sold is Ten Dollars ($10.00) or less, on any single item thereof: provided, that sales of articles of clothing ordinarily sold or offered for sale as a pair, or as a suit or ensemble, shall be considered single items under this exemption, provided fabrics by the yard classified as wearing apparel fabrics shall be included in the term articles of clothing." Mr. Beasley moved the previous question on the adoption of Amendment No. 3, as amended. The motion was agreed to. The question recurred on the motion by Mr. Collins to adopt Amendment No. 3, as amended. A roll call was ordered. Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney David 93 JOURNAL OF THE HOUSE OF REPRESENTATIVES Sept. 20, 1949 When the vote was taken, the result was: Ayes: Andrews Dunn Beasley Fuqua Bedenbaugh Heath Black Henderson Branch Hendry Bridges Hethcox Bronson Hudson Burnsed Keith Burwell Lancaster, D. Carlton Lancaster, H Carraway Lantaff Clement MacWilliam Collins McKendree Cook McMullen David Melvin Dowda Merritt Nays: Allen Dayton Bollinger Dekle Bryant Douglas Burton Elliott Cobb Frank Copeland Haley Courtney Hough Ayes-64. Nays-26. The motion was agreed amended, was adopted. Moody Simpson Nesmith Slaughter Okell. Smith, L. W. Papy Smith, M. B. Parker Smith, W. A. Patton Stewart Pearce Stockdale Peeples Surles Phillips Tapper Roberts, J. P. Thornal Roberts, Roy Usina Saunders, D. H. Whitlock Saunders, S. D. Williams Scarborough Wise Schuh Wotitzky Shepperd Yeomans Johnson Luckie McClure Merchant Monahan Morgan Odham Pooser Rood Sellar Summers Sweeny to, and Amendment No. 3, as Mr. McAlpin asked to be recorded present. Amendment No. 4- Messrs. Nesmith of Wakulla, Schuh of Pinellas, Dunn of Dixie, Shepperd of St. Johns, Patton of Franklin, Botts of Escambia, Wise of Okaloosa, Mathis and Courtney of Bay, Usina of St. Johns, Phillips of Hernando, Hough and Stray- horn of Lee, Wotitzky of Charlotte, Stewart of Hendry, Yeomans of Citrus, Tapper of Gulf, Melvin of Santa Rosa, McKendree of Nassau and Allen of Levy offered the following amendment to Senate Bill No. 17-X(49): In Section 8, as amended, at the end of said section add, "There is also exempt from the provisions of this Act ships, nets and other equipment used directly in and by licensed commercial fisheries and fishermen." Mr. Nesmith moved the adoption of Amendment No. 4. The motion was agreed to, and Amendment No. 4 was adopted. Amendment No. 5- Messrs. Johnson and Scarborough of Gadsden offered the following amendment to Senate Bill No. 17-X(49): At the end of Amended Section 8, add the following: "Also exempt shall be cheesecloth to be used for shading tobacco." Mr. Scarborough moved the adoption of Amendment No. 5. The motion was agreed to, and Amendment No. 5 was adopted. Amendment No. 6- Messrs. Tapper of Gulf, Schuh of Pinellas and Collins of Sarasota offered the following amendment to Senate Bill No. 17-X(49): In Section 8, line 12, of the bill, as amended by Amendment No. 1, between the words "fresh and processed" and the word "seeds" insert the words "canned foods". Mr. Schuh moved the adoption of Amendment No. 6. A roll call was demanded. When the vote was taken on the motion to adopt Amend- ment No. 6, the result was: Ayes: Allen Andrews Bedenbaugh Branch Bridges Bronson Burnsed Clement Cobb Courtney Dekle Dowda Dunn Fuqua Haley Nays: Beasley Bollinger Botts Bryant Burton Burwell Carlton Carraway Cook S Ayes-57. Nays-33. The motion adopted. Heath Hendry Hough Hudson Keith Lancaster, D. Lancaster, H. Luckie Mathis McAlpin McKendree McMullen Merchant Merritt Monahan Copeland David Dayton Douglas Elliott Frank Henderson Hethcox Johnson Moody Morgan Nesmith Odham Okell Papy Parker Patton Phillips Roberts, J. P. Saunders, S. D. Scarborough Schuh Sellar Simpson Lantaff MacWilliam McClure Pearce Peeples Pooser Roberts, Roy Rood Saunders, D. H. Slaughter Smith, M. B. Stockdale Strayhorn Summers Surles Sweeny Usina Whitlock Williams Wise Yeomans Shepperd Smith, L. W. Smith, W. A. Stewart Tapper Thornal was agreed to, and Amendment No. 6 was Amendment No. 7- Mr. Slaughter of Suwannee offered the following amend- ment to Senate Bill No. 17-X(49): In Section 8 as amended add the following paragraph: "The following personal property is hereby specifically exempt from the tax imposed by this Act, to wit: machines and equipment used in plowing, planting, cultivating and harvesting crops." Mr. Slaughter moved the adoption of Amendment No. 7. The motion was agreed to, and Amendment No. 7 was adopted. Amendment No. 8- Mr. Monahan of Sumter offered the following amendment to Senate Bill No. 17-X(49): After Section 3, of the bill, add: "That all citizens of the State of Florida receiving funds or assistance from the State Welfare Board be exempt from the provisions of this bill paying a sales tax on proof they are receiving welfare assist- ance." Mr. Monahan moved the adoption of Amendment No. 8. A roll call was demanded. When the vote was taken ment No. 8, the result was: Ayes: Allen Bollinger Botts Cobb Copeland Nays: Andrews Beasley Bedenbaugh Black Branch Bridges Bronson Burnsed Burwell Carlton Elliott Haley Luckie Merchant Monahan Carraway Clement Collins Cook Courtney David Dayton Dekle Douglas Dowda on the motion to adopt Amend- Morgan Nesmith Pooser Roberts, J. P. Stewart Dunn Fuqua Heath Henderson Hendry Hethcox Hough Hudson Keith Lancaster, H. Strayhorn Summers Sweeny Lantaff MacWilliam McAlpin McClure McKendree McMullen Melvin Merritt Odham Okell . Papy Saunders, D. H. Slaughter Thornal Patton Saunders, S. D. Smith, L. W. Usina Pearce Scarborough Smith, M. B. Whitlock Peeples Schuh Smith, W. A. Williams Phillips Sellar Stockdale Wotitzky Roberts, Roy Shepperd Surles Yeomans Rood Simpson Tapper Ayes-18. Nays-67. The motion was not agreed to, and Amendment No. 8 was not adopted. Amendment No. 9. Messrs. Lantaff, Okell and Stockdale of Dade, offered the following amendment to Senate Bill No. 17-X('49). In Section 23, page 52 of the bill: Renumber Section 23 so as to read Section 24 and add a new Section 23 to read as follows: "SECTION 23. Nothing herein contained shall be con- strued as repealing any general or special act authorizing a municipality to levy a special tax upon admission tickets which said tax is now being levied by such municipality." Mr. Lantaff moved the adoption of Amendment No. 9. The motion was agreed to, and Amendment No. 9 was adopted. Amendment No. 10. Mr. McClure of Pinellas, offered the following amend- ment to Senate Bill No. 17-X('49). In Section 3, Subsection (c), beginning on Page 8, of the bill strike out all of said Sub-section (c), (d) and (e). Mr. McClure moved the adoption of Amendment No. 10. A roll call was ordered. When the vote was taken on the motion to adopt Amend- ment No. 10, the result was: Ayes: Allen Dowda Bollinger Dunn Botts Elliott Burnsed Frank Cobb Haley Copeland McClure Dayton McKendree Dekle Merchant Douglas Monahan Nays: Andrews David Beasley Fuqua Bedenbaugh Heath Black Henderson Bridges Hendry Bronson Hethcox Burton Hudson Burwell Johnson Carlton Keith Carraway Lancaster, D. Clement Lancaster, H. Collins Lantaff Cook Luckie Courtney MacWilliam Ayes-33. Nays-53. The motion was not agreed not adopted. Moody Morgan Nesmith Odham Pooser Roberts, J. P. Rood Scarborough Slaughter Smith, M. B. Stewart Strayhorn Summers Surles Sweeny McAlpin Sellar Melvin Shepperd Merritt Simpson Okell Smith, L. W. Papy Stockdale Parker Tapper Patton Thornal Pearce Whitlock Peeples Williams Phillips Wotitzky Roberts, Roy Yeomans Saunders, D. H. Saunders, S. D. Schuh to, and Amendment No. 10 was Amendment No. 11. Messrs. Smith and Surles of Polk, offered the following amendment to Senate Bill No. 17-X('49). 95 In Section 8 as amended, add a new paragraph to read as follows: "There is also exempted from the tax imposed by this Act all supplies, fertilizer, sprays, equipment and machinery used in the cultivating and production of citrus." Mr. Smith of Polk moved the adoption of Amendment No. 11. The motion was agreed to, and Amendment No. 11 was adopted. Amendment No. 12. Messrs. Okell of Dade, and Schuh of Pinellas, offered the following amendment to Section 8 of Senate Bill No. 17-X(49). As amended: At the end of paragraph three (3) following the words "any governmental unit State or Federal" and insert the following "Likewise exempted are admissions to places of amusement operating under the supervision of the State Racing Commission." Mr. Okell moved the adoption of Amendment No. 12. The motion was agreed to, and Amendment No. 12 was adopted. Amendment No. 13. Messrs. Whitlock of Alachua, Tapper of Gulf, Collins of Sarasota, Clement and Schuh of Pinellas and Nesmith of Wakulla, offered the following amendment to Senate Bill No. 17-X('49). In Section 8, as amended, of the engrossed bill, Add the following unnumbered paragraph: "Articles sold or leased to or by Churches or other religious, educational or charitable institutions in the course of their customary religious or charitable activities." Mr. Whitlock moved the adoption of Amendment No. 13. The motion was agreed to, and Amendment No. 13 was adopted. Amendment No. 14- Mr. Merchant of Madison offered the following amend- ment to Senate Bill No. 17-X(49): In Section 22, line 1, of the bill, Between the word "Sec- tion" and the numbers "204.03" insert the following: "204.02," Mr. Merchant moved the adoption of Amendment No. 14. The motion was not agreed to, and Amendment No. 14 was not adopted. Amendment No. 15- Messrs. Keith of Martin, and Black of Alachua, offered the following amendment to Senate Bill No. 17-X(49): In Section 8, as amended, at the end of line 8, after the word "Cocoa" add "meals costing $1.00 or less" Mr. Black moved the adoption of Amendment No. 15. A roll call was ordered. When the vote was taken on the motion to adopt Amend- ment No. 15, the result was: Ayes: Allen Douglas MacWilliam Slaughter Black Dowda McAlpin Smith, W. A. Bollinger Dunn McKendree Stewart Botts Elliott Merchant Strayhorn Branch Frank Merritt Summers Bryant Haley Monahan Surles Burwell Hethcox Nesmith Sweeny Cobb Hough Odham Tapper Copeland Johnson Parker Usina David Keith Pooser Whitlock Dayton Lancaster, D. Rood Wise Dekle Luckie Saundern s Q . Sept. 20, 1949 JOURNAL OF THE HOUSE OF REPRESENTATIVES I . JOURNAL OF THE HOUSE OF REPRESENTATIVES Sept. 20, 1949 Nays: Andrews Beasley Bedenbaugh Bridges Bronson Burnsed Burton Carlton Carraway Clement Collins Ayes-47. Nays-42. The motion adopted. Cook Courtney Fuqua Heath Henderson Hendry Hudson Lancaster, H. Lantaff Mathis McClure McMullen Sellar Moody Shepperd Papy Simpson Patton Smith, L. W. Pearce Smith, M. B. Peeples Stockdale Phillips Thornal Roberts, Roy Wotitzky Saunders, D. H. Yeomans Scarborough Schuh was agreed to, and Amendment No. 15 was Amendment No. 16- Messrs. Beasley of Walton, Collins of Sarasota, Schuh of Pinellas, Tapper of Gulf, Andrews of Orange and Melvin of Santa Rosa, offered the following amendment to Senate Bill No. 17-X(49): In Section 14 of the engrossed bill, add the following para- graph at the end of said Section: "All hearings authorized hereunder to be conducted by the Comptroller shall be held in the County of the residence of the persons liable for the tax or in the County where such person maintains his or its principal place of business. Pro- vided, however, that any such hearing may, with the consent of such person, be held at any place in the State of Florida designated by the Comptroller." Mr. Melvin moved the adoption of Amendment No. 16. The motion was agreed to, and Amendment No. 16 was adopted. Amendment No. 17- Mr. Luckie of Duval, offered the following amendment to Senate Bill No. 17-X(49): In Section 8 as amended, line 7, of the bill, after the word: "milk" insert the following: "and milk products". Mr. Luckie moved the adoption of Amendment No. 17. The motion was agreed to, and Amendment No. 17 was adopted. Amendment No. 18. Mr. Pooser of Jackson, offered the following amendment to Senate Bill No. 17-X('49). In Section 8, of the bill, strike out Section 8 and amend- ments. Mr. Pooser moved the adoption of Amendment No. 18. The motion was not agreed to, and Amendment No. 18 was not adopted. Amendment No. 19. Messrs. Frank of Marion, Burnsed of Baker, Strayhorn of Lee, and Stewart of Hendry, offered the following amend- ment to Senate Bill No. 17-X('49). Add Section 24. That this Act is an emergency revenue measure and shall be of no force and effect from and after June 30, 1951. Mr. Frank moved the adoption of Amendment No. 19. Pending consideration thereof, Mr. Clement moved that the House adjourn at 5 o'clock. The motion was agreed to, and it was so ordered. REPORT OF STANDING COMMITTEE September 20, 1949. Mr. Shepperd of St. Johns, Chairman of the Committee on Appropriations, reports that the Committee has carefully considered the following bill and recommends that it pass as amended: H. B. No. 100-X('49)-A bill to be entitled An Act relating to appropriations made for the use of institutions under the management of the State Board of Control, and requiring that certain incidental funds be used for salaries and ex- penses before use of appropriations made by the Legislature. Which amendment reads as follows: Amendment No. 1. In Section 1, line 2, of the bill, after the word "institutions" insert the following: other than Agricultural Experiment Stations, And House Bill No. 100-X('49) contained in the above re- port, together with Committee amendment thereto, was placed on the Calendar of Bills for Second Reading. ENROLLING REPORTS House of Representatives, Tallahassee, Florida, September 20, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Sir: Your Enrolling Clerk, to whom was referred- House Bill No. 90-X('49) -begs leave to report same has been signed in open session by the Speaker and the Chief Clerk of the House of Repre- sentatives and by the President and Secretary of the Senate, and this day presented to the Governor for his approval. Very respectfully, LAMAR BLEDSOE, Enrolling Clerk ex officio as Chief Clerk of the House of Representatives, The following registrations with the Chief Clerk were made under Rule 14. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is Ralph A. Marsicano, my occupation is Attorney-at-Law, and that I am employed B and appear in the interest of City of Tampa, whose address is Tampa, Fla., 508 First National Bank Bldg., and for the follow- ing period Duration of Extra Session. RALPH A. MARSICANO State of Florida, County of Leon. Sworn to and subscribed before me this 20th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large, My Commission expires Nov. 28, 1949. I desire to register under the terms of Rule Fourteen of the House of Representatives. I do solemnly swear my name is E. E. Brady, my occupa- tion is Livestock dealer, and that I am employed by and appear in the interest of The taxpayers, whose address is Sanford, Florida, and for the following period Duration of Special Session. E. E. BRADY State of Florida, County of Leon. Sworn to and subscribed before me this 20th day of Sep- tember, A. D. 1949. LAMAR BLEDSOE, Notary Public, State of Florida at Large, My Commission expires Nov. 28, 1949. The time of adjournment having arrived, the House stood adjourned at 5 o'clock until ten o'clock tomorrow morning. EXTRAORDINARY SESSION JOURNAL OF THE HOUSE OF REPRESENTATIVES Wednesday, September 21, 1949 The House was called to order by the Speaker at 10:00 A. M. The roll was taken and corded present: David Dayton Dekle Douglas Dowda Dunn Elliott Frank Fuqua Haley Heath Hendry Hethcox Hough Hudson Keith Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Mathis McAlpin A quorum present. Excused: Mr. Henderson. The following prayer was Hunter, Chaplain: the following Members were re- McClure Schuh McMullen Sellar Melvin Shepperd Merchant Simpson Merritt Slaughter Monahan Smith, L. W. Moody Smith, M. B. Morgan Smith, W. A. Nesmith Stewart Odham Stockdale Papy Strayhorn Parker Summers Patton Surles Pearce Sweeny Peeples Tapper Phillips Thornal Pooser Usina Roberts, J. P. Whitlock Roberts, Roy Williams Rood Wise Saunders, D. H. Wotitzky Saunders, S. D. Yeomans Scarborough offered by the Reverend J. L. O Lord, God Almighty, to Thee be honor and glory world without end. Not only with our lips may we offer praise but with our daily living let us reflect the inner attitudes of our hearts, and with our whole mind and soul praise Thy Holy Name. We thank Thee for the privilege of being here this morning, to begin another day's work in the Legislature of our State. Bless all our leaders, our Governor, the Speaker of the House, and the Members of the House. Bless every one who has a part in this session of the Legislature. Bless the people for whom we are laboring and may the things we do here really be for the interest of all the people. Pardon our sins for Christ's sake. Amen. Mr. Johnson asked to be recorded present. Mr. Clement, as Chairman of the Committee on Rules and Calendar, called up, under Section 5 of Rule 17, the following report of the committee- September 21, 1949. The Honorable Perry E. Murray, Speaker of the House of Representatives. Tallahassee, Florida. Sir: Your Committee on Rules and Calendar recommends that the House adopt as a Special and Continuing Order of Busi- ness Senate Bill No. 17-X(49) immediately following the Receiving of Communications for September 21, 1949. In meeting assembled to consider the foregoing recommen- dation the vote was as follows: Ayes: Burwell, Carlton, Black, Tapper, Stewart, McMullen, Sellar, Thornal, Smith, Shepperd, Saunders, Beasley, Yeomans, Luckie, Botts, Simpson, and Clement. Nays: Bryant, Nesmith and Bollinger. Respectfully submitted, ARCHIE CLEMENT, Chairman Committee on Rules & Calendar. --and moved its adoption. A roll call was ordered. When the vote was taken, the result was: Ayes: Andrews Beasley Bedenbaugh Black Branch Bridges Bronson Burton Burwell Carlton Carraway Clement Collins Cook Nays: Allen Bollinger Botts Bryant Cobb Dayton Dekle Courtney David Douglas Dowda Fuqua Heath Hendry Hethcox Hudson Lancaster, D. Lancaster, H. Lantaff Luckie MacWilliam Dunn Elliott Frank Haley Johnson Keith Merchant Mathis Schuh McAlpin Sellar McClure Shepperd McMullen Simpson Melvin Smith, L. W. Papy Smith, M. B. Parker Smith, W. A. Patton Tapper Pearce Thornal Peeples Usina Phillips Whitlock Roberts, J. P. Williams Roberts, Roy Wotitzky Saunders, D. H. Yeomans Merritt Moody Morgan Nesmith Odham Pooser Rood Scarborough Slaughter Stewart Strayhorn Summers Surles Sweeny Ayes-56. Nays-28. The motion was agreed to, and the report was adopted. CORRECTION OF THE JOURNAL The Journal for Tuesday, September 20, was ordered cor- rected and as corrected was approved. Mr. Lantaff requested the Speaker to announce his de- cision upon the admissibility of House Joint Resolution 106-X ('49) within the purview of the Governor's Call. The Speaker announced House Joint Resolution 106-X('49) was within the purview of the Governor's Call and could be introduced. By Messrs. Lantaff, Okell and Stockdale of Dade, Bryant of Marion, Cobb of Volusia, Botts of Escambia, Burwell and David of Broward, and Dayton of Pasco- H. J. R. No. 106-X('49)-A Joint Resolution proposing an amendment to Article IX of the Florida Constitution, by add- 97 Mr. Speaker Allen Andrews Beasley Bedenbaugh Black Bollinger Botts Branch Bridges Bronson Bryant Burnsed Burton Burwell Carlton Carraway Clement Cobb Collins Cook Copeland Courtney ing thereto an additional section creating and establishing a Florida State Tax Commission and fixing its powers, duties, authority and jurisdiction in connection with taxation under the laws of this State. Be it resolved by the Legislature of the State of Florida: The following amendment, creating and establishing a Florida State Tax Commission, to Article IX of the Constitu- tion of Florida, by adding thereto an additional section, to be numbered by the Secretary of State, the same being within the purview of the Governor's Call for this extraordinary ses- sion of the legislature, is agreed to and shall be submitted to the electors of this state for ratification or rejection at the general election to be held on the first Tuesday after the first Monday in November, 1950, to wit: Section -. Florida State Tax Commission created; mem- bership, powers, duties, authority and jurisdiction, etc. (1) A "Florida State Tax Commission" is created con- sisting of the State Comptroller, as a member ex officio of the said commission who shall be its chairman, and six members to be appointed by the Governor; one from each congressional district as the same exists at the time of the enactment of this chapter in 1949. In selecting such six members of the commission the Governor may appoint any state or county officer as a member thereof, the provisions of the state con- stitution now existing notwithstanding. (2) The term of two members of the first commission appointed by the Governor shall expire on the first Tuesday after the first Monday in January, 1953, two on the first Tuesday after the first Monday in January, 1955, and two on the first Tuesday after the first Monday in January, 1957; after which all successor members shall be appointed for terms of six years each, and until their successors are duly appointed and qualified. (3) The said State Tax Commission shall have the fol- lowing powers, duties, authority and jurisdiction: (a) To administer and supervise the tax laws of this state and generally supervise and assist the tax assessors and tax collectors in the performance of their duties. (b) Under such regulations and within such limitations as the legislature may prescribe, to prescribe and establish systems of uniform tax assessment, collection and accounting and make uniform the same in this state. (c) To revise the tax levies and budgets of counties and other local governmental units, and equalize the assessment and valuation of property in such counties and other local governmental units. (d) To make original assessments and valuations of tax- able properties, including the taxable properties of public utilities, as the legislature may prescribe. (e) To readjust and equalize the valuations and assess- ments of taxable properties among and between the several counties and other governmental units of the state. (f) To adjust and equalize, by individual properties, blocks, subdivisions and larger areas of properties, and by classifications of properties, the valuation and assessment of all taxable property in this state. (g) To adjust and equalize the valuation and assessment of properties made by municipal corporations in this state when authorized by the legislature. (h) Make diligent investigation and inquiry concerning the revenue laws and systems of other states and countries, so far as the same are made known by published reports and statistics, or can be ascertained by correspondence or other- wise with the officers thereof, and with the aid and informa- tion thus obtained, together with the experience and observa- tions of the laws of this state, make recommendations to the legislature of this state for suggested changes and betterment in the tax laws of this state. (4) The commission shall issue such rules, regulations, and orders, hold such hearings and investigations and sum- mon such witnesses thereto, and take such other actions as may be necessary for its organization and governance and Sept. 21, 1949 the exercise of its powers and the performance of its duties. The orders, summons and regulations of the commission respecting the valuation of property for taxation shall be binding upon all persons, firms, corporations, public officials and employees, and state and local units, agencies, and de- partments of government, and shall be enforceable by the courts of the state but subject to review thereby as to their reasonableness. (5) The legislature may enact laws in aid of, but not inconsistent with, the provisions of this section, and all exist- ing laws inconsistent herewith shall no longer remain in force and effect. The legislature may prescribe more detailed reasonable procedures and definitions for carrying out the duties of the commission, and may vest additional duties, powers, authority and jurisdiction in the commission. The joint resolution was read the first time in full and referred to the Committee on Constitutional Amendments. COMMUNICATIONS September 20, 1949, The Honorable Perry E. Murray, Speaker of the House of Representatives. Mr. Speaker: I request that I be excused from the sessions during the day of September 21, 1949 to attend a necessary business matter. I have paired with Mr. Howell Lancaster on Senate Bill 17-X('49). I have paired on other Bills which could possibly reach a final vote. Respectfully, John W. Henderson Without objection, the request to be excused was granted. Mr. McKendree asked to be recorded present. Mr. Sellar moved that House Bill No. 101-X('49) be with- drawn from the Committee on Finance and Taxation and placed on the Calendar. Pending consideration thereof, Mr. Simpson moved that the motion by Mr. Sellar be laid on the table. A roll call was demanded. When the vote was taken on the motion to lay on the table, the result was: Ayes: Andrews Bridges Bronson Burwell Carlton Clement Collins David Nays: Allen Bedenbaugh Black Bollinger Botts Bryant Burnsed Carraway Cobb Copeland Courtney Dayton Dekle Dowda Ayes-29. Nays-54. Fuqua Heath Hethcox Hudson Lantaff Mathis McAlpin Melvin Dunn Elliott Frank Haley Hendry Hough Johnson Keith Lancaster, D. Lancaster, H. Luckie MacWilliam McClure McKendree Nesmith Papy Saunders, S. D. Scarborough Schuh Shepperd Simpson Smith, L. W. McMullen Merchant Merritt Monahan Moody Morgan Odham Patton Peeples Phillips Pooser Roberts, J. P. Rood Saunders, D. H Smith, M. B. St6ckdale Whitlook Williams Yeomans Sellar Slaughter Smith, W. A. Stewart Summers Surles Sweeny Tapper Thornal Usina Wise Wotitzky The motion to lay on the table was not agreed to. The question recurred on the motion by Mr. Sellar to with- draw House Bill No. 101-X('49) from the Committee on Finance and Taxation and place on the Calendar. JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE The motion was agreed to, and House Bill No. 101-X('49) was ordered withdrawn from the Committee on Finance and Taxation and placed on the Calendar. Mr. Pooser moved that House Bill No. 66-X('49) be with- drawn from the Committee on Finance and Taxation and placed on the Calendar. The motion was not agreed to, and House Bill No. 66-X('49) remained in the Committee on Finance and Taxation. Mr. Okell asked to be recorded present. CONSIDERATION OF THE SPECIAL AND CONTINUING ORDER Senate Bill No. 17-X(49): A bill to be entitled An Act to define certain additional privi- leges, and to levy and provide for the collection of privilege taxes upon sales of personal property; upon admissions and upon rentals of real and personal property, providing for cer- tain exemptions; to define certain words and terms used in this Act; to provide for the creation and enforcement of liens upon real and personal property of persons liable for the payment of such taxes; to authorize the promulgation of rules and regulations for the administration and enforcement of this Act; to appropriate monies derived from such taxes and to direct the payment of such monies derived from such taxes to the General Revenue Fund of the State of Florida, to the cost of administration and enforcement of this Act and to pro- vide for impounding any surplus revenue; to provide for the operation of this Act in the event certain provisions herein shall be held invalid; providing for an effective date; to pro- vide penalties for the violation of this Act; and repealing Sec- tions 204.03 and 204.04, Florida Statutes, 1941, and conflicting laws. -was taken up, together with the following amendment- Amendment No. 19- Add Section 24. That this Act is an emergency revenue measure and shall be of no force and effect from and after June 30, 1951. ,-pending on the motion by Mr. Frank to adopt. The question recurred on the motion by Mr. Frank to adopt Amendment No. 19. When the vote was taken, the result was: Ayes: Sept. 21, 1949 Dekle Douglas Dowda Dunn Elliott Frank Haley Hough Johnson Luckie Courtney David Fuqua Heath Hendry Hethcox Keith Lancaster, D. Lancaster, H. Lantaff MacWilliam Mathis McAlpin McClure McMullen Merchant Merritt Monahan Moody Morgan Odham Parker Pooser Rood Scarborough Stewart Strayhorn Summers Surles Sweeny Thornal Usina McKendree Shepperd Melvin Simpson Okell Smith, L. W. Papy Smith, M. B. Patton Smith, W. A. Pearce Stockdale Peeples Tapper Phillips Whitlock Roberts, Roy Williams Saunders, D. H. Wise Saunders, S. D. Wotitzky Schuh Yeomans Sellar Mr Hudson asked to be recorded as voting "nay". Allen Bollinger Botts Bryant Cobb Copeland Dayton Dekle Douglas Nays: Beasley Bedenbaugh Black Bridges Bronson Burton Burwell Carlton Carraway Clement Collins Ayes-36. Nays-44. Dunn Elliott Frank Haley Hendry Hough Johnson Luckie McMullen Cook Courtney David Fuqua Heath Hethcox Hudson Lancaster, D. Lantaff MacWilliam Mathis Merchant Scarborough Monahan Sellar Morgan Slaughter Odham Smith, W. A. Parker Stewart Pooser Strayhorn Roberts, Roy Summers Rood Surles Saunders, S. D. Sweeny McAlpin McClure Melvin Merritt Moody Okell Papy Patton Pearce Peeples Roberts, J. P. Schuh Shepperd Simpson Smith, L. W. Stockdale Tapper Thornal Whitlock Williams Wotitzky Yeomans The motion was not agreed to, and Amendment No. 20 was not adopted. E OF REPRESENTATIVES 99 Mr. Roberts of Bradford asked to be recorded as voting "nay". Ayes-39. Nays-53. The motion was not agreed to, and Amendment No. 19 failed of adoption. September 21, 1949. PAIR ON AMENDMENT NO. 19 TO SENATE BILL NO. 17-X(49) I pair with John W. Henaerson on Amendment No. 19 to Senate Bill No. 17-X(49). If he were present he would vote Nay and I would vote Aye. JOHN W. HENDERSON GEO. NESMITH Mr. Carraway asked unanimous consent for the intro- duction at this time of a school class. Without objection, Mr. Carraway introduced Mrs. Johnson and her sixth grade class from Sealey Memorial School of Tallahassee. Mr. Simpson asked unanimous consent for the introduction at this time of a school class. Without objection, Mr. Simpson introduced Mrs. Claudia Edwards and the Civics class of the Monticello High School. Consideration of Senate Bill No. 17-X('49), as amended, was resumed. Mr. Clement moved that the rules be waived and debate on amendments offered to Senate Bill No. 17-X('49). be limited to five minutes on each side. The motion was agreed to by a two-thirds vote, and it was so ordered. Amendment No. 20- Mr. Copeland of Collier offered the following amendment to Senate Bill No. 17-X('49): In Section 8 as amended, page 24 of mimeographed bill, in line 28, after the word "property", insert: "including lumber and forest products, oil and minerals or other products of the soil", Mr. Copeland moved the adoption of Amendment No. 20. A roll call was demanded. When the vote was taken on the motion to adopt Amend- ment No. 20, the result was: Ayes: Mr. Speaker Allen Bollinger Botts Branch Bryant Burnsed Cobb Copeland Dayton Nays: Andrews Beasley Bedenbaugh Black Bridges Bronson Burton Burwell Carlton Carraway Clement Collins Cook JOURNAL OF THE HOUSE OF REPRESENTATIVES Sept. 21, 1949 Amendment No. 21- Mr. Merritt of Escambia offered the following amendment to Senate Bill No. 17-X(49): In Section 8, as amended, at the end of Section 8, add the following: "There is exempted from the provisions of this Act the sale of magazines." Mr. Merritt moved the adoption of Amendment No. 21. A roll call was demanded. When the vote was taken ment No. 21, the result was: Ayes: Botts Haley Bryant Johnson Cobb Keith Dekle Luckie Elliott Merchant Frank Merritt Nays: Andrews Dayton Beasley Douglas Bedenbaugh Dowda Branch Dunn Bridges Fuqua Bronson Heath Burton Hethcox Burwell Hough Carlton Hudson Carraway Lancaster, D. Clement Lancaster, H. Collins Lantaff Cook MacWilliam Courtney Mathis David McAlpin Ayes-22. Nays-60. on the motion to adopt Amend- Morgan Nesmith Pooser Rood Sellar Smith, W. A. McClure McKendree McMullen Melvin Monahan Moody Odham Okell Papy Parker Patton Pearce Peeples Roberts, J. P. Roberts, Roy Summers Surles Sweeny Usina Saunders, D. H. Saunders, S. D. Scarborough Schuh Shepperd Simpson Smith, L. W. Stockdale Tapper Thornal Whitlock Williams Wise Wotitzky Yeomans The motion was not agreed to, and Amendment No. 21 was not adopted. Amendment No. 22- Mr. Dowda of Putnam offered the following amendment to Senate Bill No. 17-X(49): In Section 2, page 5, of the bill, insert the following at the end of sub-section (h): 'Use' does not include the keeping, retaining or exercising of any right or power over tangible personal property shipped or brought into this State for the purpose of subsequently transporting it outside the State for use thereafter solely outside the State, or for the purpose of being processed, fabricated or manufactured into, attached to, or incorporated into other tangible personal property to be transported outside the State and thereafter used solely out- side the State." Mr. Dowda moved the adoption of Amendment No. 22. A roll call was demanded. When the vote was taken on the motion to adopt Amend- ment No. 22, the result was: Ayes: Allen Bollinger Botts Branch Burnsed Cobb Copeland Dayton Dekle Nays: Andrews Beasley Bedenbaugh Dowda Elliott Frank Haley Hendry Hough Luckie Mathis McAlpin Bridges Bronson Burton McKendree McMullen Merchant Morgan Nesmith Odham Pooser Rood Scarborough Burwell Carlton Carraway Sellar Smith, M. B. Smith, W. A. Stewart Strayhorn Surles Sweeny Usina Clement Collins Cook Courtney David Douglas Dunn Fuqua Heath Hethcox Hudson Keith Ayes-35. Nays-48. The motion not adopted. Lancaster, D. Lancaster, H. Lantaff MacWilliam McClure Merritt Moody Okell Papy Parker Smith, L. W. Patton Stockdale Pearce Summers Roberts, Roy Tapper Saunders, D. H. Thornal Saunders, S. D. Whitlock Schuh Williams Shepperd Wotitzky Simpson Yeomans was not agreed to, and Amendment No. 22 was Amendment No. 23. Messrs. Botts of Escambia and Strayhorn of Lee, offered the following amendment to Senate Bill No. 17-X(49): In Section 8, as amended, of the bill: After the last para- graph add a new paragraph: "Also exempted from the provisions of this Act are all building material (including nails, paint and trimming) used in the construction of homes (on unit) for personal occu- pancy." Mr. Botts moved the adoption of Amendment No. 23. A roll call was demanded. When the vote was taken on the motion to adopt Amend- ment No. 23, the result was: Ayes: Allen Bollinger Botts Bryant Burnsed Burton Cobb Copeland Dayton Dekle Nays: Andrews Beasley Bedenbaugh Black Bridges Bronson Burwell Carlton Carraway Clement Collins Cook Ayes-38. Nays-48. Douglas Dunn Elliott Frank Haley Hendry Lancaster, D. Lancaster, H. Luckie McAlpin Courtney David Dowda Fuqua Heath Hethcox Hough Hudson Lantaff Mathis McClure McMullen McKendree Merchant Merritt Morgan Nesmith Odham Pooser Rood Saunders, D. H Sellar Smith, W. A. Stewart Strayhorn Summers Surles Sweeny Usina Wise Melvin Schuh Moody Shepperd Okell Simpson Papy Smith, L. W. Parker Smith, M. B. Patton Stockdale Pearce Tapper Peeples Thornal Phillips Whitlock Roberts, Roy Williams Saunders, S. D. Wotitzky Scarborough Yeomans The motion was not agreed to, and Amendment No. 23 was not adopted. Amendment No. 24. Messrs. Cobb of Volusia and Luckie of Duval, offered the following amendment to Senate Bill No. 17-X(49): After Section 8 as amended, of the bill, insert the following: "8-A. Notwithstanding anything in this Act to the con- trary, no single transaction, sale, use or item shall be taxable hereunder in a sum greater than $25.00." Mr. Cobb moved the adoption of Amendment No. 24. A roll call was demanded. When the vote was taken on the motion to adopt Amend- ment No. 24, the result was: 100 |
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| MILLISECOND | CLASS.METHOD | MESSAGE |
|---|---|---|
| 0 | sobekcm_page_globals.constructor | |
| 0 | sobekcm_page_globals.constructor | Application State validated or built |
| 0 | sobekcm_database.verify_item_lookup_object | |
| 0 | sobekcm_page_globals.constructor | Navigation Object created from URI query string |
| 0 | sobekcm_database.verify_item_lookup_object | |
| 0 | sobekcm_page_globals.display_item | Retrieving item or group information |
| 0 | sobekcm_page_globals.get_entire_collection_hierarchy | Retrieving hierarchy information |
| 0 | sobekcm_assistant.get_entire_collection_hierarchy | |
| 0 | cached_data_manager.retrieve_item_aggregation | |
| 0 | cached_data_manager.retrieve_item_aggregation | Found item aggregation on local cache |
| 0 | item_aggregation_builder.get_item_aggregation | Found 'all' item aggregation in cache |
| 0 | system.web.ui.page.page_load (ufdc.page_load) | |
| 0 | sobekcm_page_globals.constructor.on_page_load | |
| 0 | html_echo_mainwriter.add_style_references | Adding style references to HTML |
| 0 | html_echo_mainwriter.add_text_to_page | Reading the text from the file and echoing back to the output stream |
| 185 | html_echo_mainwriter.add_text_to_page | Finished reading and writing the file |