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

Journal
of the

House of Representatives

August

1,

1962, through

August 11,

EXTRAORDINARY

SESSION

on Reapportionment

Pursuant

to

Article IV,

Section

la Constitution

Ob WEill3~

1962

8

Florid

MEMBERS OF THE HOUSE OF REPRESENTATIVES
Extraordinary Session August, 1962

Alachua-Ralph D. Turlington, Gainesville
Alachua-Osee R. Fagan, Gainesville
Baker-John J. Crews, Jr., Macclenny
Bay-Julian Bennett, Panama City
Bay-Leo C. Jones, Panama City
Bradford-A. J. Thomas, Jr., Starke
Brevard-James H. Pruitt, Eau Gallie
Broward-Emerson Allsworth, Fort Lauderdale
Broward-A. J. Ryan, Jr., Dania
Calhoun-Don Fuqua, Altha
Charlotte-David A. Hill, Punta Gorda
Citrus-Allison R. (Baldy) Strickland, Inverness
Clay-S. D. (Sam) Saunders, Green Cove Springs
Collier-James L. Walker, Naples
Columbia-F. W. (Shorty) Bedenbaugh, Lake City
Dade-George L. Hollahan, Jr., South Miami
Dade-David C. Eldredge, Miami
Dade-Carey Matthews, Miami
DeSoto-S. C. Smith, Arcadia
Dixie-Hal Chaires, Old Town
Duval-John E. Mathews, Jr., Jacksonville
Duval-Harry Westberry, Jacksonville
Duval-George B. Stallings, Jr., Jacksonville
Escambia-Reubin O'D. Askew, Pensacola
Escambia-George G. Stone, Walnut Hill
Flagler-W. L. Wadsworth, Bunnell
Franklin-Oliver Nash, Apalachicola
Gadsden-W. M. Inman, Quincy
Gadsden-C. Fred Arrington, Havana
Gilchrist-H. E. Lancaster, Trenton
Glades-Joe H. Peeples, Jr., Venus
Gulf-Cecil G. Costin, Jr., Port St. Joe
Hamilton-J. W. McAlpin, White Springs
Hardee-Frank Bass, Wauchula
Hendry-Charles E. Miner, Clewiston
Hernando-John L. Ayers, Brooksville
Highlands-Howard Livingston, Sebring
Hillsborough-Woodie A. Liles, Plant City
"Hillsborough-Robert T. Mann, Tampa
"Hillsborough-Tom Whitaker, Jr., Tampa
Holmes-J. J. (Boy) Williams, Bonifay
Indian River-L. B. (Buck) Vocelle, Vero Beach
Jackson-J. M. Sims, Marianna
Jackson-Robert Williams, Graceville
S Jefferson-George H. Anderson, Monticello
Lafayette-H. M. (Mack) Land, Mayo
? Lake-Welborn Daniel, Clermont
Lake-W. H. (Bill) Reedy, Eustis

Lee-Bruce J. Scott, N. Fort Myers
Leon-Mallory E. Home, Tallahassee
Leon-Richard 0. (Dick) Mitchell, Tallahassee
Levy-Frank Marshburn, Bronson
Liberty-R. L. Hosford, Hosford
Madison-Otis R. Peavy, Madison
Manatee-Wilbur H. Boyd, Palmetto
Manatee-Robert E. Knowles, Bradenton
Marion-William G. O'Neill, Ocala
Marion-William V. Chappell, Jr., Ocala
Martin-W. R. Scott, Stuart
Monroe-Bernie C. Papy, Key West
Monroe-Jack A. Saunders, Key West
Nassau-T. H. (Tommy) Askins, Fernandina Beach
Okaloosa-Jack C. Nichols, Niceville
Okaloosa-James H. (Jimmy) Wise, Crestview
Okeechobee-W. Allen Markham, Okeechobee
Orange-Beth (Mrs. George W.) Johnson, Orlando
Orange-John L. Ducker, Winter Park
Osceola-J. J. Griffin, Jr., St. Cloud
Palm Beach-Jerry Thomas, Lake Park
Palm Beach-Emmett S. Roberts, Belle Glade
Pasco-Joe A. McClain, Dade City
Pinellas-James T. Russell, St. Petersburg Beach
Pinellas-Charles R. Holley, St. Petersburg
Pinellas-Douglas J. Loeffler, Largo
Polk-Lawton M. Chiles, Jr., Lakeland
Polk-Ray Mattox, Winter Haven
Polk-Ben Hill Griffin, Jr., Frostproof
Putnam-James N. (Gator) Beck, Palatka
St. Johns-F. Charles Usina, St. Augustine
St. Johns-A. H. (Gus) Craig, St. Augustine
St. Lucie-Rupert Jasen Smith, Fort Pierce
Santa Rosa-William H. Byrom, Milton
Sarasota-Ralph A. Erickson, Sarasota
Sarasota-G. M. (Gus) Nelson, Sarasota
Seminole-Mack N. Cleveland, Jr., Sanford
Seminole-Gordon V. Frederick, Sanford
Sumter-E. C. Rowell, Wildwood
Suwannee-Leon N. McDonald, Sr., Live Oak
Taylor-Ken Smith, Perry
Union-C. A. Roberts, Lake Butler
Volusia-Frederick B. Karl, Daytona Beach
Volusia-James H. Sweeny, Jr., DeLand
Wakulla-Bobby Russ, Crawfordville
Walton- (vacancy)
Washington-Ralph C. Carter, Chipley

OFFICERS OF THE HOUSE OF REPRESENTATIVES
Extraordinary Session August, 1962

Speaker-William V. Chappell, Jr.
Speaker Pro Tempore-George G. Stone

Chief Clerk-(Mrs.) Lamar Bledsoe
Sergeant-at-Arms-W. A. Ballentine
iii

MEMBERS OF THE HOUSE OF REPRESENTATIVES
Extraordinary Session August, 1962

Alachua-Ralph D. Turlington, Gainesville
Alachua-Osee R. Fagan, Gainesville
Baker-John J. Crews, Jr., Macclenny
Bay-Julian Bennett, Panama City
Bay-Leo C. Jones, Panama City
Bradford-A. J. Thomas, Jr., Starke
Brevard-James H. Pruitt, Eau Gallie
Broward-Emerson Allsworth, Fort Lauderdale
Broward-A. J. Ryan, Jr., Dania
Calhoun-Don Fuqua, Altha
Charlotte-David A. Hill, Punta Gorda
Citrus-Allison R. (Baldy) Strickland, Inverness
Clay-S. D. (Sam) Saunders, Green Cove Springs
Collier-James L. Walker, Naples
Columbia-F. W. (Shorty) Bedenbaugh, Lake City
Dade-George L. Hollahan, Jr., South Miami
Dade-David C. Eldredge, Miami
Dade-Carey Matthews, Miami
DeSoto-S. C. Smith, Arcadia
Dixie-Hal Chaires, Old Town
Duval-John E. Mathews, Jr., Jacksonville
Duval-Harry Westberry, Jacksonville
Duval-George B. Stallings, Jr., Jacksonville
Escambia-Reubin O'D. Askew, Pensacola
Escambia-George G. Stone, Walnut Hill
Flagler-W. L. Wadsworth, Bunnell
Franklin-Oliver Nash, Apalachicola
Gadsden-W. M. Inman, Quincy
Gadsden-C. Fred Arrington, Havana
Gilchrist-H. E. Lancaster, Trenton
Glades-Joe H. Peeples, Jr., Venus
Gulf-Cecil G. Costin, Jr., Port St. Joe
Hamilton-J. W. McAlpin, White Springs
Hardee-Frank Bass, Wauchula
Hendry-Charles E. Miner, Clewiston
Hernando-John L. Ayers, Brooksville
Highlands-Howard Livingston, Sebring
Hillsborough-Woodie A. Liles, Plant City
"Hillsborough-Robert T. Mann, Tampa
"Hillsborough-Tom Whitaker, Jr., Tampa
Holmes-J. J. (Boy) Williams, Bonifay
Indian River-L. B. (Buck) Vocelle, Vero Beach
Jackson-J. M. Sims, Marianna
Jackson-Robert Williams, Graceville
S Jefferson-George H. Anderson, Monticello
Lafayette-H. M. (Mack) Land, Mayo
? Lake-Welborn Daniel, Clermont
Lake-W. H. (Bill) Reedy, Eustis

Lee-Bruce J. Scott, N. Fort Myers
Leon-Mallory E. Home, Tallahassee
Leon-Richard 0. (Dick) Mitchell, Tallahassee
Levy-Frank Marshburn, Bronson
Liberty-R. L. Hosford, Hosford
Madison-Otis R. Peavy, Madison
Manatee-Wilbur H. Boyd, Palmetto
Manatee-Robert E. Knowles, Bradenton
Marion-William G. O'Neill, Ocala
Marion-William V. Chappell, Jr., Ocala
Martin-W. R. Scott, Stuart
Monroe-Bernie C. Papy, Key West
Monroe-Jack A. Saunders, Key West
Nassau-T. H. (Tommy) Askins, Fernandina Beach
Okaloosa-Jack C. Nichols, Niceville
Okaloosa-James H. (Jimmy) Wise, Crestview
Okeechobee-W. Allen Markham, Okeechobee
Orange-Beth (Mrs. George W.) Johnson, Orlando
Orange-John L. Ducker, Winter Park
Osceola-J. J. Griffin, Jr., St. Cloud
Palm Beach-Jerry Thomas, Lake Park
Palm Beach-Emmett S. Roberts, Belle Glade
Pasco-Joe A. McClain, Dade City
Pinellas-James T. Russell, St. Petersburg Beach
Pinellas-Charles R. Holley, St. Petersburg
Pinellas-Douglas J. Loeffler, Largo
Polk-Lawton M. Chiles, Jr., Lakeland
Polk-Ray Mattox, Winter Haven
Polk-Ben Hill Griffin, Jr., Frostproof
Putnam-James N. (Gator) Beck, Palatka
St. Johns-F. Charles Usina, St. Augustine
St. Johns-A. H. (Gus) Craig, St. Augustine
St. Lucie-Rupert Jasen Smith, Fort Pierce
Santa Rosa-William H. Byrom, Milton
Sarasota-Ralph A. Erickson, Sarasota
Sarasota-G. M. (Gus) Nelson, Sarasota
Seminole-Mack N. Cleveland, Jr., Sanford
Seminole-Gordon V. Frederick, Sanford
Sumter-E. C. Rowell, Wildwood
Suwannee-Leon N. McDonald, Sr., Live Oak
Taylor-Ken Smith, Perry
Union-C. A. Roberts, Lake Butler
Volusia-Frederick B. Karl, Daytona Beach
Volusia-James H. Sweeny, Jr., DeLand
Wakulla-Bobby Russ, Crawfordville
Walton- (vacancy)
Washington-Ralph C. Carter, Chipley

OFFICERS OF THE HOUSE OF REPRESENTATIVES
Extraordinary Session August, 1962

Speaker-William V. Chappell, Jr.
Speaker Pro Tempore-George G. Stone

Chief Clerk-(Mrs.) Lamar Bledsoe
Sergeant-at-Arms-W. A. Ballentine
iii

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Wednesday, August 1, 1962

Beginning of an Extraordinary Session of the Florida Legislature, convened by proclamation of His Excellency,
Farris Bryant, Governor of the State of Florida, under proclamation hereafter set out, held at the Capitol in the
City of Tallahassee in the State of Florida.

The following proclamation of the Governor convening
the Legislature in Extraordinary Session was read by
the Honorable William V. Chappell, Jr., Speaker of the
House of Representatives:
A PROCLAMATION BY THE GOVERNOR
STATE OF FLORIDA
EXECUTIVE DEPARTMENT
TALLAHASSEE
To The Honorable Members of the Senate and the House of
Representatives:
WHEREAS, the District Court of the United States in
and for the Southern District of Florida on July 23, 1962,
found and declared the existing constitutional and statu-
tory provisions relating to the apportionment and reap-
portionment for the nomination and election of the Senate
and the House of Representatives of the Florida Legisla-
ture to be prospectively null, void and inoperative, and
WHEREAS, the Court has thereby removed all consti-
tutional and statutory limitations heretofore restricting
the Legislature in reapportioning itself, and
WHEREAS, under the above ruling the existing Florida
Legislature is legally constituted only for the purposes
of apportionment and reapportionment, and
WHEREAS, in view of the foregoing extraordinary con-
dition now existing in Florida, I find that the best in-
terests of the State of Florida will be served by calling
a special session of the State Legislature;
NOW, THEREFORE, I, Farris Bryant, by virtue of the
power and authority vested in me by Article IV, Section
8, of the Constitution of the State of Florida, do hereby
convene the Legislature of the State of Florida in extra-
ordinary session at the Capital at 11:00 a.m. on August
1, 1962, for the sole and exclusive purpose of considering
reapportionment of the Florida Legislature.
IN TESTIMONY WHEREOF, I have
hereunto set my hand and caused
the Great Seal of the State of Flori-
da to be affixed at Tallahassee, the
Capital, this 24th day of July, A. D.,
1962.
FARRIS BRYANT
GOVERNOR
ATTEST:
TOM ADAMS
SECRETARY OF STATE
The House was called to order by the Speaker at 11:00
A. M.
The roll was taken and the following Members were
recorded present:

Mr. Speaker
Allsworth
Anderson
Arrihgton

Askew
Askins
Ayers
Bass

Beck
Bedenbaugh
Bennett
Boyd

Byrom
Carter
Chaires
Chiles

Cleveland
Craig
Crews
Daniel
Ducker
Eldredge
Erickson
Fagan
Frederick
Fuqua
Grifftn,B.H.,Jr.
Griffln,J.J.,Jr.
Hill
Hollahan
Holley
Home
Hosford
Inman
Johnson

Jones
Karl
Knowles
Lancaster
Land
Liles
Livingston
Loeffler
Mann
Markham
Marshburn
Mathews, J.
Matthews, C.
Mattox
McAlpin
McClain
McDonald
Miner
Mitchell

Nash Sims
Nelson Smith, K.
Nichols Smith, R. J.
O'Neill Smith, S. C.
Papy Stallings
Peavy Stone
Peeples Strickland
Pruitt Sweeny
Reedy Thomas,A.J.,Jr.
Roberts, C. A. Thomas, J.
Roberts, E. S. Turlington
Rowell Usina
Russ Vocelle
Russell Wadsworth
Ryan Walker
Saunders, J. A. Whitaker
Saunders, S. D. Williams, J. J.
Scott. B. J. Williams, R.
Scott, W. R. Wise

Excused: Messrs. Costin and Westberry.
A quorum present.
The following prayer was offered by the Reverend Mel-
ton Ware of the Trinity Methodist Church, Tallahassee,
Chaplain:
Almighty God, who in former times didst lead our
fathers forth into this fair state; give Thy blessing, we
beseech Thee, to the members of the House of Representa-
tives, that they may prove themselves mindful of Thy
favor, and glad to do Thy will. Bless our state with good
government, honorable industry, sound learning and pure
religion. Save us from pride and arrogance, from violence,
discord and confusion. Help us to fashion into one happy
people these multitudes gathered here from many states
and nations. Endue with the spirit of wisdom these rep-
resentatives whom the people have entrusted in Thy name
with the authority of government, to the end that this
legislative session may give peace at home, and that we
may keep a place of honor and distinction among the states.
In the days of preparation may they trust in Thee and in
the moments of decision suffer not their courage to fail;
to Thee be all the honor and glory; world without end;
AMEN.
COMMUNICATION
The following communication was received and read:
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
TALLAHASSEE
July 27, 1962
The Honorable William V. Chappell, Jr.
Speaker, House of Representatives
The Capitol
Tallahassee, Florida
Dear Mr. Speaker:
I desire to address your Honorable Body in joint ses-

1

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 1, 1962

sion with the Senate on Wednesday, August 1, 1962, to
present to you the purpose of the call which I presented
under date of July 24, 1962. If it is convenient, I suggest
the time of 11:30 a.m.
Respectfully,
FARRIS BRYANT
Governor
INTRODUCTION OF HOUSE RESOLUTIONS
By Mr. Horne of Leon-
H. R. No. 1-X-A House Resolution providing for the
rules of procedure of the House of Representatives of the
1962 Extraordinary Session of the Florida Legislature.
Be It Resolved by the House of Representatives of the
State of Florida:
That the rules of procedure of the Florida House of
Representatives adopted at the 1961 regular session of
the Florida Legislature shall govern this body; provided,
however, that no committee established by said rules will
be organized except as the need arises and upon the call
of the Speaker.
Pursuant to Rule 2.6 of the Rules of Parliamentary
Procedure of the Florida House of Representatives, the
Speaker is hereby authorized to establish a select judici-
ary committee and a select legislative apportionment com-
mittee and designate the membership thereof. Such select
committees shall organize, report and transact business
in accordance with the rules pertaining to the organiza-
tion and conduct of business of regular standing commit-
tees.
-was read the first time by title.
Mr. Horne moved that House Resolution No. 1-X be read
the second time in full.
The motion was agreed to, and House Resolution No. 1-X
was read the second time in full.
Mr. Horne moved the adoption of the resolution.
The motion was agreed to, and House Resolution No. 1-X
was adopted.
By Mr. Horne of Leon-
H. R. No. 2-X-A House Resolution providing for the
policies of the House of Representatives of the 1962 Extra-
ordinary Session of the Florida Legislature.
Be it resolved by the House of Representatives of the
State of Florida.
1. That the Speaker of the House of Representatives
is hereby authorized to employ such attaches as he may
deem necessary for the conduct of the business of the
House for this extraordinary session.
2. That each member of the House of Representatives
shall be paid mileage as allowed by law.
3. That such copies of the Daily Journal and of the
Daily Calendar as may, from time to time, be deemed
necessary by the Chief Clerk be ordered printed each day.
4. That such stamps as each member may require be
furnished as authorized by the Speaker.
5. That each member of the House of Representatives
shall be paid per diem during this extraordinary session
of the Legislature as authorized by law.
-was read the first time by title.
Mr. Horne moved that House Resolution No. 2-X be read
the second time in full.
The motion was agreed to, and House Resolution No.
2-X was read the second time in full.

Mr. Horne moved the adoption of the resolution.
The motion was agreed to, and House Resolution No. 2-X
was adopted.
INTRODUCTION OF HOUSE CONCURRENT
RESOLUTION
By Mr. Horne of Leon-
H. C. R. NO. 3-X- A Concurrent Resolution
providing that the House of Representatives and the Sen-
ate convene in joint session in the chamber of the House
of Representatives at 11:20 A.M., August 1, 1962.
WHEREAS, His Excellency Farris Bryant, Governor of
Florida, has expressed a desire to address the Legislature
of Florida in Joint Session on this day, Wednesday,
August 1, 1962;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES, THE SENATE CONCURRING:
That the House of Representatives and the Senate con-
vene in Joint Session in the Chamber of the House of
Representatives at 11:20 A.M. this day, Wednesday, Aug-
ust 1, 1962, for the purpose of receiving the Governor's
message.
-was read the first time in full.
Mr. Horne moved that the rules be waived and House
Concurrent Resolution No. 3-X be read a second time
in full.
The motion was agreed to by a two-thirds vote, and
House Concurrent Resolution No. 3-X was read a second
time in full.
Mr. Horne moved the adoption of the concurrent reso-
lution.
The motion was agreed to, and House Concurrent Reso-
lution No. 3-X was adopted and ordered certified to the
Senate.
The Speaker announced that pursuant to the provisions
of Rule 1, Section 4, of the Rules of the House, he wished
to designate Mr. W. A. Ballentine as Sergeant-at-Arms
to serve throughout the term of this session, and respect-
fully requested the House to advise and consent to this
designation.
Mr. Horne moved that the House advise and consent
to the appointment by the Speaker of W. A. Ballentine
as Sergeant-at-Arms for this session.
The motion was agreed to, and it was so ordered.
The Speaker then requested Mr. Ballentine to come
to the rostrum where the oath of office was administered
by Mrs. Lamar Bledsoe, Chief Clerk of the House of Rep-
resentatives, and Mr. Ballentine was presented by the
Speaker to the Membership.
Mr. Boyd moved that a committee be appointed to wait
upon His Excellency, Farris Bryant, Governor of Florida,
and to inform him that the House is organized and ready
to transact business.
The motion was agreed to.
Thereupon, the Speaker appointed Messrs. Boyd, Ar-
rington, and Scott of Martin as the committee which re-
tired and after a brief absence returned and reported that
they had performed their duty and were thereupon dis-
charged.
Mr. Stone moved that a committee be appointed to
notify the Senate that the House is organized and ready to
transact business.

The motion was agreed to.
Thereupon, the Speaker appointed Mr. Stone, Mrs. John-
son, and Mr. Ryan as the committee which retired and
after a brief absence returned and reported that they
had performed their duty and were thereupon discharged.
A committee consisting of Senators Price, Herrell, and
Edwards appeared at the Bar of the House of Representa-
tives and reported that the Senate was organized and
ready to transact business.
The Sergeant-at-Arms escorted Mrs. Farris Bryant, the
Governor's wife, together with two of their daughters,
into the House Chamber where they were awarded seats
of honor.
CONSIDERATION OF MESSAGES FROM THE SENATE
The following message from the Senate was received
and read:
Tallahassee, Florida
August 1, 1962
The Honorable William V. Chappell, Jr.
Speaker of the House of Representatives
Sir:
I am directed by the Senate to inform the House of
Representatives that the Senate has adopted-
By Mr. Horne of Leon-
H. C. R. NO. 3-X- A Concurrent Resolution
providing that the House of Representatives and the
Senate convene in joint session in the chamber of the
House of Representatives at 11:20 A.M., August 1, 1962.
WHEREAS, His Excellency Farris Bryant, Governor of
Florida, has expressed a desire to address the Legislature
of Florida in Joint Session on this day, Wednesday, Aug-
ust 1, 1962;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES, THE SENATE CONCURRING:
That the House of Representatives and the Senate con-
vene in Joint Session in the Chamber of the House of
Representatives at 11:20 A.M. this day, Wednesday, Aug-
ust 1, 1962, for the purpose of receiving the Governor's
message.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And House Concurrent Resolution No. 3-X, contained
in the above message, was ordered enrolled.
JOINT SESSION
The hour of 11:20 A.M. having arrived, the Members
of the Senate appeared at the bar of the House and
were awarded seats.
THE SPEAKER IN THE CHAIR.
The roll of the House was taken and the following
Members were recorded present:

Mr. Speaker
Allsworth
Anderson
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom

Carter
Chaires
Chiles
Cleveland
Craig
Crews
Daniel
Ducker
Eldredge
Erickson
Pagan
Frederick
Fuqua

Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hill
Hollahan
Holley
Home
Hosford
Inman
Johnson
Jones
Karl
Knowles
Lancaster

Land
Liles
Livingston
Loeffler
Mann
Markham
Marshburn
Mathews, J.
Matthews, C.
Mattox
McAlpin
McClain
McDonald

Miner
Mitchell
Nash
Nelson
Nichols
O'Neill
Papy
Peavy
Peeples
Pruitt

Reedy Scott, W. R. Thomas, J.
Roberts, C. A. Sims Turlington
Roberts, E. S. Smith, K. Usina
Rowell Smith, R. J. Vocelle
Russ Smith, S. C. Wadsworth
Russell Stallings Walker
Ryan Stone Whitaker
Saunders, J. A. Strickland Williams, J. J.
Saunders, S. D. Sweeny Williams, R.
Scott. B. J. Thomas,A.J.,Jr. Wise

A quorum of the House of Representatives present.
THE PRESIDENT OF THE SENATE IN THE CHAIR.
The roll of the Members of the Senate was called and the
following Senators answered to their names:

Mr. President
Barron
Beall
Boyd
Bronson
Carraway
Clarke
Connor
Cross

David
Davis
Edwards
Fraser
Galloway
Gautier
Getzen
Gibbons
Gresham

Herrell
Johns
Johnson
Kelly
Kicliter
Mapoles
Melton
Parrish
Pearce

Pope
Price
Ripley
Roberts
Stratton
Tucker
Young

A quorum of the Senate present.
The Sergeant-at-Arms escorted members of the Supreme
Court of Florida, together with Members of the Cabinet,
into the House Chamber where they were awarded seats of
honor.
The following prayer was offered by the Reverend Melton
Ware, Chaplain of the House:
0 God, who art the hope of the ends of the earth; remem-
ber us in love, and guide us by thine infinite wisdom. Most
heartily we beseech thee to grant thy blessing upon thy
servants, the Governor and the members of the Legislature
of this state. Endow them with the spirit of wisdom, good-
ness, and truth; and so rule their hearts, and bless their
endeavors, that law and order, justice and peace, may pre-
vail throughout the State of Florida.
Grant, 0 Lord, that these persons to whom the authority
of government has been committed, may have a clear vision
to perceive those things in our political and social order
which are amiss; give them true judgment, courage, and
perseverance to represent our people wisely; help them to
be always mindful of their ultimate responsibility to thee;
that thy will may be done in this capitol and everywhere,
to the honor and glory of thy holy name; AMEN.
Senator Pearce moved that a committee of the Joint Ses-
sion be appointed to notify His Excellency, Governor Farris
Bryant, that the Joint Session was assembled and ready to
receive his message.
The motion was agreed to.
Thereupon, the President appointed Senators Pearce and
Parrish on the part of the Senate, and Messrs. Home,
Chiles, and Hollahan on the part of the House, who retired
to perform their mission, and after a brief absence returned
escorting His Excellency, Farris Bryant, Governor of Flor-
ida.

The President then presented the Governor, who delivered
the following message:
Message of
GOVERNOR FARRIS BRYANT
To
EXTRAORDINARY SESSION OF THE LEGISLATURE
August 1, 1962
Mr. President, Mr. Speaker, my colleagues in the gov-

3

AUGUST 1, 1962

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 1, 1962

ernment of Florida, distinguished guests, citizens of Flor-
ida-my friends.
I am deeply grateful for the opportunity you afford
me to address your honorable bodies on this occasion
and to assure you publicly, as I have assured many
of you privately, that I come here out of a keen desire
to share your labors, not to add to them. I speak to you
as colleagues.
We are met to continue a task on which we have long
labored. It was in 1955 during my last term in the
Legislature, that we first approached this task. I remem-
ber as yesterday the battles we then fought as we
attempted, in a democratic forum, to accomplish our
task. I remember with some pride which I hope you
will find pardonable the successful efforts that I then
sponsored, not once but three times, which the then
governor of the State, a majority of the newspapers of
the State and my colleagues in the House called fair
reapportionment.
We are met today for this joint session in the cham-
bers of the House of Representatives, and I am mindful
of the fact that the House of Representatives has always
been apportioned strictly in accordance with the Con-
stitution of the State of Florida. I know it will come as
news to most of our citizens that every ten years, as
required by our Florida Constitution, the House of Rep-
resentatives of the State of Florida has been duly reap-
portioned. Each county in Florida has exactly the repre-
sentation which the Constitution requires and permits.
I am not unmindful that the Senate of the State of
Florida has not been reapportioned as it should have
been under our own Constitution. This was a mistake
for which there is no excuse-no justification-and against
which I have fought. But it is not because of that
mistake that we are assembled here today. If the Senate
of the State of Florida had been reapportioned in 1955
or subsequently to meet exactly the requirements of the
Constitution of the State of Florida, the plaintiffs in the
law suits in the Federal court which have occasioned
this special session would have in nowise been affected.
The members of this Legislature are aware of my
personal views on this matter. We should have done
the job. Nevertheless, it needs to be said that there
was and there is nothing that the Legislature of Florida
could have done under the Constitution of Florida that
would have increased in any degree the representation of
the voters of Dade, Duval, Hillsborough, Pinellas, Brow-
ard, Orange, Palm Beach and thirteen other counties
comprising three-fourths of the population of the State.
It needs to be said that if every proposal ever made for
reapportionment under the Constitution of the State of
Florida-by me, by my predecessor in office, or by any
one of the hundreds of legislators from large counties
and small who have served in this Legislature, if
every such proposal had been enacted, neither of the
plaintiffs, nor any of those other Floridians to whom I
have just referred, would have had their voter repre-
sentation increased by one billionth of a percentage
point.
We are here today not because we have failed in our
legislative duty, although we have, but because the Fed-
eral district court has decided that the provisions of the
Constitution of the State of Florida adopted by the peo-
ple of Florida in 1924 for their own government, affect-
ing only the people of Florida, are in violation of the
Fourteenth Amendment to the Constitution of the United
States.
I do not agree that the Court has the right to make
such a decision, but the question of its power to make
such a decision was resolved one hundred years ago. The

law is whatever the Court says it is. If the ends justify
the means, who can quarrel? For myself, I would rather
live under a democracy, however poorly fashioned, than
under an autocracy, however well intentioned.
Be that as it may, within the limits left to us we have
a task to perform. We must design a system of apportion-
ment which does not deny to any person in Florida the
equal protection of her laws. Stated differently, we
must design a plan of apportionment which is not in-
vidiously discriminatory.
It behooves us to make the most of the circumstances
in which we find ourselves, and, having been freed by
whatever means from the limitations established in our
own constitution, to pattern a system of apportionment
designed to the needs of today and the prospects of to-
morrow-designed to preserve and enhance the ability
of the Legislature to properly exercise the powers with
which it may be entrusted from time to time.
The House of Representatives in all parliamentary bod-
ies historically is that branch of the Legislature closest
to the people: closest in terms of currency of its election,
and closest in terms of proportionate representation. I
suggest, therefore, that the House of Representatives be
so fashioned that the people of each county shall be
represented in the House by a number of legislators
equal to the percentage of the total population of the
State which reside in each county. Since it is not possible
to fractionalize a representative, I suggest that to each
county there be granted a representative for each frac-
tion of a percentage residing in that county. As the
population of Florida is presently reflected by the 1960
census, Dade County has 18.88 per cent of the total
population of the State, and should, therefore, have 19
representatives; Duval County has 9.2 per cent of the
total population of the State, and should, therefore, have
10 representatives; Gadsden County has .97 per cent of
the total population of the State, and should, therefore,
have one representative. The result is to create a House
of 144 members, one half of whom will be elected by the
top nine counties, one half by the other 58 counties and
with every county having one representative. Theoreti-
cally such a House could increase in size to 166, or be
reduced to 100, but, according to an expert in population
calculations, if the growth of the counties of Florida be-
tween now and 1970 is as it is authoritatively envisioned,
there will be no significant change in the size of the
House even in 1970. As the growth pattern shifts from
one area to another, representation, every ten years, will
shift with those changes.
There are certain mechanical difficulties which must
be faced. I would recommend to solve some of them:
1. That in counties with more than five representatives
the candidates run by districts within the county, even
as members of Congress run by districts within the State.
2. That provision be made so that those representa-
tives that have already been nominated need not again
engage in party primaries for this election.
3. That special primary elections be set between August
13 and November 6 for the nomination of party candidates
for vacancies hereby created.
4. That the duty to district within counties be imposed
upon the County Canvassing Board of each county.
The Senate in all parliamentary bodies is historically
that house whose numbers are fewer to promote greater
deliberation, whose terms are longer to insure insulation
against momentary swells of public opinion, and whose
representation is more general to insure a diversity of
approach and a diffusion of power. In this fashion the Sen-

4

JOURNAL OF THE HC

ate and the House each provides a check on the other so
that forces which are able to bend one house for selfish or
ill-advised purposes are faced with counter and protec-
tive forces in the other house.
I, therefore, recommend that the Senate be composed
of senators representing 45 districts; that there be one
senator for each of the 23 largest counties; that there be
22 senators apportioned among the 44 smallest counties
so as to achieve the most nearly equal representation
among them. To each of you there has been distributed a
map which shows my suggestions as to how these districts
should be established.
For the Senate an additional provision must be made
so as not to terminate the term of those who have already
been nominated or elected.
If you should see fit to adopt this plan, I believe you
can conclude in good conscience that you have met the
requirements for proportionate representation, diversity
of representation, and for a balance of all those factors
which are properly to be considered in meeting the re-
quirements of the Fourteenth Amendment. If on the one
hand the representation is not in direct proportion to
population, neither, on the other hand, is it invidiously
discriminatory.
The federal court in its opinion has stated that it be-
lieved the desirable means of accomplishing reapportion-
ment to be through state action. I agree! This is such
action! I am convinced it meets every requirement of the
Federal Constitution and every expression of the Supreme
Court of the United States. If the Court should disagree
we shall at least have the satisfaction of having done our
best. No one can do more.
At the conclusion of Governor Bryant's address, he was
escorted to his office by the committee previously appointed
by the President.
Senator Davis moved that the Joint Session be dissolved
and the Senate resume its Session in the Senate Chamber.
The motion was agreed to, and the Senate retired to the
Senate Chamber.
The House was called to order by the Speaker at 12:05
P.M.
The roll was taken.
A quorum of 92 Members present.
The Speaker announced the House would stand in infor-
mal recess until 12:30 P. M. today.
Thereupon, at the hour of 12:10 P. M., the House stood
in informal recess.
The House reconvened at 12:30 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.

A quorum of 92 Members present.

REMARKS BY WILLIAM V. CHAPPELL, JR., SPEAKER
Lady and Gentlemen of the House:
I think it wise at this time to proceed to organize the
House. So that you can understand fully what I perceive
our function here to be, and how I believe we can best and
most orderly proceed, I'd like to share with you a few of
my thoughts on the matters at hand.

AUGUST 1, 1962

)USE OF REPRESENTATIVES 5

We are here assembled under circumstances so grave
that I hesitate to speak, for fear that my speaking might
lessen our realization of the gravamen of this hour.
The Federal judiciary, ever eager to assume greater
powers, has most recently launched itself into a new in-
vasion-this time, as before, assuming rights and responsi-
bilities intended for another branch and another level of
government; and unless some force, not yet set in motion,
is dispatched to challenge fully its progression, it will
succeed. The measure of its success will be gauged
largely by what this Legislature, and others like it, is
willing to do.
The principles underlying stable government demand
that we deliberate and define that combatant force and
make ourselves part and parcel of it. Our minds are not
the first to be challenged with this kind of invasion.
George Washington, in his farewell address, urged:
"The basis of our political systems is the right of the
people to make and to alter their constitutions of govern-
ment If in the opinion of the people the distribution
or modification of the constitutional powers be in any
particular wrong, let it be corrected by an amendment in
the way in which the Constitution designates. BUT LET
THERE BE NO CHANGE BY USURPATION; FOR
THOUGH THIS IN ONE INSTANCE MAY BE THE
INSTRUMENT OF GOOD, IT IS THE CUSTOMARY
WEAPON BY WHICH FREE GOVERNMENTS ARE
DESTROYED."
The mind of another of our founding fathers, one of
the wisest men ever to appear on the governmental scene,
Thomas Jefferson, was on fire with concern when he
wrote:
".. the germ of dissolution of our federal government
is in the constitution of the federal judiciary; an ir-
responsible body (for impeachment is scarcely a scare-
crow), working like gravity by night and day, gaining
a little today and a little tomorrow, and advancing its
noiseless step like a thief, over the field of jurisdiction,
until all shall be usurped from the States, and the govern-
ment of all be consolidated into one .. ."
In more recent times, a great American, one whose
philosophies I do not always espouse, Franklin D. Roose-
velt, said:
". .it was clear to the framers of our Constitution
that the greatest possible liberty of self-government must
be given to each State, and that any national administra-
tion attempting to make all laws for the whole Nation,
such as was wholly practical in Great Britain, would
inevitably result at some future time in a dissolution
of the Union itself."
The U. S. Supreme Court, in the case of Baker vs.
Carr, the Tennessee apportionment case, did not go as
far as many seem to think. It, nevertheless, ruled for the
first time in American history, and contrary to precedent,
that the federal courts have jurisdiction of legislative
apportionment questions. It, therefore, departed again
from the principle of stare decisis; and by such action
changed again the constitution of the United States and
brought unto itself additional powers previously reserved
to the States and specifically to the Legislatures of these
several States.
The various federal district courts have, in my opinion,
further usurped legislative power in indicating their
intentions to apportion by judicial decree-and this even
before the U. S. Supreme Court has said that such might
be legally done!
The admonitions of those who have gone on before
ring loud and clear here to remind us of those things

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 1, 1962

we ought to do, in this our hour of action, if we are to
assume the role of stout-hearted men with a determi-
nation to do the right rather than the expedient.

Jefferson, in his letter to William Branch Giles, on
December 26, 1825, established a guideline for us here
when he said:

". .The States should be watchful to note every ma-
terial usurpation of their rights; to denounce them as
they occur in the most peremptory terms; to protest
against them as wrongs ."

I perceive, then, that our responsibilities and proce-
dure here are well and clearly defined.

I have, therefore, appointed two committees to assist
this body in its studied deliberations and will activate
such additional committees as from time to time may be
necessary.

The first of those committees, the Select Judiciary Com-
mittee, should immediately launch itself into a study of
the status quo in the field of Federal-state relation-
ships and draft for us its image and so advise us what
we might do in the performance of our responsibilities
weighing so heavily upon us. In its study and delibera-
tions, it will find it necessary to employ the best legal
and technical assistance available and undertake to bring
to the attention of the people of this state and this nation
the importance of the principles we are here attempting
to preserve.

Another, the Select Legislative Apportionment Commit-
tee, should concern itself, I believe, with a determination
of the best plan of apportionment to be employed by the
people of this state in delegating their legislative duties
to this body and its counterpart, the Senate. Its duty
should be governed completely by the standard of right,
rather than a yet non-existent and speculative standard
suspected of the Federal Judiciary.

I pledge to you and the people of Florida my best
efforts in proceeding orderly and deliberately, learning
and knowing at all times where we stand and where we
can best go from where we are. I urge you to refrain from
hasty action and beg of you to, and I know you will,
lend your deepest and finest selves to the solution of our
problems here.

If we will make this approach, we will serve our state
and our nation with strength, stamina and wisdom, and
will have made ourselves a part of the force which will
forever demand a stable government at both the state
and federal level, a form of government restrained enough
on the one hand by an adequate system of checks and
balances, and on the other unrestrained enough to in-
corporate unto itself the best ideas of our people.

May we so conduct ourselves here that other legislative
bodies may see our good works and form with us a vibrant
and adequate force in perpetuating a sound and stable
government where power cannot break through and steal
away the freedom of our people.

Mr. Horne moved that the foregoing remarks by the
Speaker be spread upon the pages of the journal.

The motion was agreed to and it was so ordered.

The Speaker announced the appointment of the follow-
ing select committees of the House:

APPORTIONMENT
Chiles, Lawton M., Chairman; Bass, Frank, Vice Chair-
man; Chaires, Hal; Fuqua, Don; Griffin, J. J., Jr.; Marsh-
burn, Frank; Eldredge, David C.; Rowell, E. C.; Stone,
George G.; Daniel, Welborn; Erickson, Ralph A.; John-
son, Beth; Ryan, A. J., Jr.; Scott, W. R.; Smith, S. C.;
Whitaker, Tom Jr.; Westberry, Harry W.; Roberts, Em-
mett S.; Williams, R.
JUDICIARY
Mitchell, Richard 0., Chairman; Hollahan, George L.,
Jr., Vice Chairman; Allsworth, Emerson; Bennett, Julian;
Fagan, Osee R.; Livingston, Howard; O'Neill, William G.;
Home, Mallory E.; Cleveland, Mack N., Jr.; Sweeny,
James H., Jr.; Mathews, J. E., Jr.
The Speaker also announced that the following standing
committees of the 1961 regular session would be activated
for this extraordinary session:
HOUSE ADMINISTRATION
Russ, Bobby, Chairman; Mitchell, Richard 0., Vice
Chairman; Anderson, George H.; Arrington, C. Fred;
Bedenbaugh, F. W. (Shorty); Bennett, Julian; Holley,
Charles R.; Knowles, Robert E.; Nash, Oliver.
PERSONNEL
McAlpin, J. W., Chairman; Hosford, R. L., Vice Chair-
man; Erickson, Ralph A.; Inman, W. M.; McDonald, Leon
N.; Nelson, G. M.; Roberts, C. A.; Sims, J. M.; Williams,
J. J.
RULES & CALENDAR
Home, Mallory E., Chairman; Boyd, Wilbur H., Vice
Chairman; Arrington, C. Fred; Chaires, Hal; Chiles, Law-
ton M., Jr.; Cleveland, Mack N., Jr.; Crews, John J., Jr.;
Daniel, C. Welborn; Fagan, Osee R.; Fuqua, Don; Lancas-
ter, Howell; Livingston, Howard; O'Neill, William G.;
Papy, Bernie; Rowell, E. C.; Scott, W. R.; Stone, George
G.; Strickland, Allison R.; Sweeny, James H., Jr.; West-
berry, Harry W.; Whitaker, Tom, Jr.
Mr. Horne moved that the House stand in informal
recess until 1:00 P.M. today while the select and standing
committees for this session meet and organize.
The motion was agreed to.
Thereupon, at the hour of 12:47 P. M., the House stood
in informal recess.
The House reconvened at 1:00 P.M.
THE SPEAKER IN THE CHAIR.
A quorum present.
REPORTS OF COMMITTEES
The Chairmen of the Select Committee on Apportion-
ment, the Select Committee on Judiciary, and the stand-
ing committees on Rules & Calendar, House Administra-
tion, and Personnel reported that their committees were
duly organized and ready to transact business.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS,
CONCURRENT RESOLUTIONS AND MEMORIALS
By Mr. Karl of Volusia-
H. B. No. 4-X- A bill to be entitled An Act
relating to reapportionment of the Senate and House of

6

JOURNAL OF THE HO

Representatives; amending Section 10.01, Florida Stat-
utes; providing for twelve Senatorial Districts and thirty-
six Senators; amending Section 10.02, Florida Statutes,
amending Section 10.03, Florida Statutes; apportioning
House of Representatives to one hundred thirty-one mem-
bers; providing for an election; providing for filling va-
cancies; providing an effective date.
The bill was read the first time by title and referred to
the Select Committee on Apportionment.
By Mr. Karl of Volusia-
H. J. R. NO. 5-X-A JOINT RESOLUTION PROPOS-
ING AN AMENDMENT TO ARTICLE VII OF THE
STATE CONSTITUTION RELATING TO APPOR-
TIONMENT AND CENSUS.
Be It Resolved by the Legislature of the State of Florida:
That article VII, of the Florida constitution be amended
as set forth below and that said resolution be submitted to
the electors of Florida for ratification or rejection at the
general election to be held in November, 1962:
Section 1. Composition of the Legislature.-The Legis-
lature of Florida shall consist of a Senate and a House of
Representatives. Members of the Senate shall be elected
for a term of four (4) years and members of the House of
Representatives shall be elected for a term of two (2) years.
The term of members of the Legislature shall expire on the
first Tuesday after the first Monday in November of each
regular election year. Members of the Senate and of the
House of Representatives shall be elected as provided by
law. Any new county that may be created shall be entitled
to one (1) member of the House of Representatives in
excess of any limit prescribed in the following sections of
this article until the next reapportionment and the county
shall be assigned when created to a senatorial district as
determined by the Legislature.
Section 2. Senate.-The Legislature shall divide the
State into geographic areas to be known as senatorial dis-
tricts. The number of senatorial districts shall at all times
be equal to the number of congressional districts within the
State, but the boundaries of the senatorial districts may be
different than the boundaries of the congressional districts.
The Senate shall consist of three (3) members from each
such senatorial district. The senatorial districts shall be
created so as to achieve equitable representation among
them and so that they are as nearly equal in population as
is practicable.
Where the population warrants it, any county may be
divided in creating a senatorial district. There shall be no
maximum limit to the number of counties that may be joined
together to form a senatorial district.
Upon the adoption of this amendment by the electors of
the State, the terms of all Senate te ters ors presently serving in the
Florida Legislature shall terminate. Thereupon, the Gov-
ernor shall call a special election in the manner provided
by law to elect the new Senate as described herein. At said
special election the Senators representing the even num-
bered districts shall be elected for four (4) year terms and
the Senators representing the odd numbered districts shall
be elected for a term of two (2) years. Thereafter, all
Senators shall be elected for terms of four (4) years.
Section 3. House of Representatives.-Each of the sev-
eral counties shall have one (1) Representative for each
one per cent (1%) or major fraction of one per cent
(1%) of the total State population within the boundaries of
said county; provided, that each county shall have at least
one (1) Representative.
When any county has in excess of ten (10) Representa-
tives, the Legislature may divide the county into not more
than two (2) representative districts and apportion the

AUGUST 1, 1962

USE OF REPRESENTATIVES 7

total number of Representatives among the two (2) dis-
tricts according to population. In such a situation only the
electors in the particular representative district shall elect
the Representatives to represent the district. The Legisla-
ture may require that candidates reside in the district they
seek to represent.
The 1963 House of Representatives shall be composed of
the Representatives elected pursuant to the constitution of
1885 as amended and of the additional Representatives as
provided for herein.
Section 4. Legislative apportionment.-If this article
is ratified at the general election in November, 1962, the
Legislature shall be apportioned according to an apportion-
ment bill passed at the extraordinary session convened in
August, 1962, provided nothing in this amendment shall
prohibit any Representative elected in the 1962 general
election pursuant to the constitution of 1885 as amended
from serving in said office for the term for which he was
elected and the additional legislative offices herein created
shall be filled by and at a special election to be held in the
affected counties or districts, as provided by law, such elec-
tions to be held within one hundred twenty (120) days
after the effective date hereof.
The Legislature shall reapportion its representation in
accordance with this article in each general legislative ses-
sion following the Federal decennial census. Such reappor-
tionment shall be based upon the preceding latest Federal
decennial census.
In the event the Legislature shall fail to reapportion the
representation as required by this article, the Governor
shall, within thirty (30) days after the adjournment of
any regular session, call the Legislature together in extra-
ordinary session to consider the question of reapportion-
ment, and such extraordinary session shall mandatorily be
required to reapportion its membership before adjournment,
and such extraordinary session so called shall not expire
until reapportionment is effected and shall consider no
business other than reapportionment.
Section 5. State census.-The Legislature shall no longer
be required to provide for an enumeration of the inhabi-
tants of the State. The last preceding decennial Federal
census beginning with the Federal census of 1950 shall also
be the State census and shall control in all population acts
and constitutional apportionments, unless otherwise ordered
by the Legislature.
-was read the first time in full and referred to the Select
Committee on Apportionment.
By Mr. Beck of Putnam-
H. B. No. 6-X- A Bill to be entitled An Act
apportioning the membership of the legislature of the
state of Florida.
The bill was read the first time by title and referred to
the Select Committee on Apportionment.
By Messrs. Russell, Holley and Loeffler of Pinellas,
Erickson and Nelson of Sarasota and Ducker of Orange-
H. J. R. No. 7-X-A joint resolution proposing an
amendment to Article VII of the State Constitution relat-
ing to apportionment and census.
WHEREAS, the Governor of the State of Florida has,
for the purposes of apportionment, called a special ses-
sion of the legislature to apportion the legislature in a
manner most representative of the people of this State;
and,
WHEREAS, an amendment to the Constitution dealing
with the subject matter of apportionment should be sub-
mitted to the voters of the State of Florida at the earliest
possible time; NOW, THEREFORE,

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 1, 1962

Be It Resolved by the Legislature of the State of Florida:
That the following amendment of Article VII of the
Constitution of the State of Florida relating to apportion-
ment in the Senate and House of Representatives be and
the same is hereby agreed to and shall be submitted to
the electors of the State of Florida for ratification or re-
jection in the general election to be held in November,
1962:
Section 1. Sections 1, 2, 3 and 4 of Article VII are hereby
repealed and in lieu thereof the following sections are
hereby adopted:
ARTICLE VII
Representation Apportionment
Section 1. Composition of the Legislature-The legis-
lature of the State of Florida shall consist of a Senate
and a House of Representatives. Members of the Senate
shall be elected for a term of four (4) years and members
of the House of Representatives shall be elected for a
term of two (2) years. The term of members of the leg-
islature shall expire on the first Tuesday after the first
Monday in November of each regular election year. Mem-
bers of the Senate and of the House of Representatives
shall be elected as provided by law.
Section 2. Senate-The State of Florida shall be ap-
portioned into thirty-seven (37) senatorial districts;
(1) Said senatorial districts shall be consecutively
numbered and shall contain the counties as follows:

DISTRI
1
2
3
4
5
6
7
8
9
10
11
12
13

14
15
16
17
18
19
20
21
22
23
24
25

COUNTIES

Santa Rosa, Okaloosa
Escambia
Walton, Holmes, Washington
Jackson, Calhoun
Charlotte, Lee, Hendry
Gadsden, Liberty, Franklin
Polk
Leon, Wakulla
Citrus, Hernando, Sumter
Sarasota
Pinellas
St. Lucie, Martin, Indian River
Dade

Columbia, Gilchrist, Levy
Union, Bradford, Clay
Nassau, Baker
Hamilton, Suwannee, Lafayette, Dixie
Duval
Orange
Marion
Pasco
Jefferson, Madison, Taylor
Lake
Monroe, Collier
Bay, Gulf

26 Putnam
27 Hardee, DeSoto, Highlands, Glades
28 Volusia
29 Seminole
30 Broward
31 St. Johns, Flagler
32 Alachua
33 Osceola, Okeechobee
34 Hillsborough
35 Palm Beach
36 Manatee
37 Brevard
(2) There shall be one (1) Senator for each Senatorial
district.
(3) All Senators serving in odd-numbered districts
created hereby at the time this Article becomes effective
shall be deemed elected, under this Article, to serve until
the general election to be held in 1964.
There shall be held in each senatorial district created
hereby, for which there is no elected Senator at the time
this Article becomes effective, a special election within
one hundred twenty (120) days after November 6, 1962
for the purpose of electing a Senator for such district,
such election to be held as provided by law. Each Senator
so elected from an odd-numbered district shall serve until
the general election to be held in 1964. Each Senator so
elected from an even-numbered district shall serve until
the general election to be held in 1966.
All Senators elected in the general election of Novem-
ber 6, 1962 shall be deemed elected under this Article to
serve as Senator from the district created by this Article
in which said Senator shall reside; provided, however,
that in each senatorial district created by this Article in
which there shall be more than one (1) elected Senator
at the time this Article becomes effective there shall be
a special election within one hundred twenty (120) days
after November 6, 1962 for the purpose of electing a
Senator for such district; such election to be held as
provided by law.
Section 3. House of Representatives-The House of
Representatives shall be apportioned as follows:
(1) Each senatorial district having less than one per
cent (1%) of the total population of the State of Florida
shall have one (1) Representative.
(2) Each senatorial district having one per cent (1%)
or more of the total population of the State of Florida
shall have one (1) Representative for each one per cent
(1%), or major fraction thereof, of the total population
of the State of Florida.
(3) The population herein referred to is and shall be
the population of the State according to the last pre-
ceding decennial Federal census. Upon the certification
of such census to the State each ten (10) years, the Sec-
retary of State shall make the apportionment herein speci-
fied, which apportionment shall be applicable for the next
succeeding election of members of the House of Repre-
sentatives and thereafter until the next Federal census.
The first such apportionment shall be made by the Secre-
tary of State upon the ratification of this amendment by
the electors.
(4) The 1963 House of Representatives shall be com-
posed of the Representatives elected pursuant to this

CT

AUGUST 1, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Article, if this Article is ratified in the general election
in November, 1962.
(a) There shall be held in each senatorial district,
which will under this Article lose members in the House
of Representatives, a special election within one hundred
twenty (120) days after November 6, 1962 for the purpose
of electing Representatives for said senatorial district,
such election to be held as provided by law.
(b) There shall be held in each senatorial district,
which will under this Article gain additional members in
the House of Representatives, a special election within
one hundred twenty (120) days after November 6, 1962
for the purpose of electing such additional Representa-
tives for said district, such election to be held as provided
by law.
(c) Members of the House of Representatives elected
in the general election of November 6, 1962 shall be
deemed elected under this Article in those districts whose
total number of Representatives, under this Article, shall
equal or exceed the total number of Representatives
elected from counties within said districts in said gen-
eral election of November 6, 1962.
-was read the first time in full and referred to the
Select Committee on Apportionment.
By Messrs. Saunders of Clay, Marshburn of Levy, Land
of Lafayette, McAlpin of Hamilton, Williams of Holmes,
Hosford of Liberty, Bedenbaugh of Columbia, Wise of
Okaloosa, Markham of Okeechobee, Peavy of Madison and
Jones of Bay-
H. J. R. 8-X-A JOINT RESOLUTION PROPOSING
AN AMENDMENT TO ARTICLE VII OF THE CON-
STITUTION OF THE STATE OF FLORIDA, PROVID-
ING FOR APPORTIONMENT OF THE FLORIDA
LEGISLATURE; PROVIDING FOR A STATE CENSUS.
Be it resolved by the Legislature of the State of Florida:
That the following amendment of Article VII of the
Constitution of Florida is agreed to and shall be submitted
to the electors of this state for ratification or rejection at
the general election to be held in November, 1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legis-
lature of the state of Florida shall consist of a senate and
a house of representatives. Members of the senate shall
be elected for a term of four (4) years and members of
the house shall be elected for a term of two (2) years. The
term of members of the legislature shall expire on the first
Tuesday after the first Monday in November in each regular
election year. Members of the senate and house of repre-
sentatives shall be elected as provided by law. Any new
county that may be created shall be entitled to one (1)
member in the house of representatives in excess of any
limit prescribed in the following sections of this article
until the next reapportionment and the county shall be
assigned when created to a senatorial district as determined
by the legislature.
Section 2. Representation in the house of representa-
tives.-Representation in the house of representatives of
the Florida legislature shall be apportioned among the
several counties of the state according to population based
upon the latest official federal decennial census and shall be
as follows:
(1) Any county having a total population of fifty thou-
sand (50,000) inhabitants or less shall have one (1) rep-
resentative.
(2) Any county having a total population in excess of
fifty thousand (50,000) inhabitants shall have one (1)
additional representative for each additional fifty thousand
(50,000) inhabitants.

9

Section 3. Representation in the senate.-The senate of
the Florida legislature shall be composed of one (1) senator
from each of the several counties of the state.
Section 4. The 1963 legislature shall be composed of
the legislators elected pursuant to the constitution of 1885,
as amended, and of the additional legislators as provided for
herein. If this article is ratified at the general election in
November 1962, the legislature shall be apportioned ac-
cording to legislation passed at the 1962 extraordinary
session called for that purpose. Nothing in this amendment
shall prohibit any representative elected in the 1962 general
election pursuant to the constitution of 1885, as amended,
from serving in such office for which he was elected, and
the additional legislative offices created herein shall be filled
by and at a special election to be held in the affected coun-
ties or districts as provided by law. The senators elected
from the new even-numbered districts shall be elected for a
term of four (4) years and the new senators elected from
the odd-numbered districts shall be elected for a term of
two (2) years. Thereafter all senators shall be elected for
four (4) year terms.
The legislature shall reapportion its representation in
accordance with this article at the 1971 regular session of
the legislature and every ten (10) years thereafter based
upon the preceding latest federal decennial census.
In the event the legislature shall fail to reapportion the
representation as required by this article, the governor
shall call the legislature together in extraordinary session
to consider the question of reapportionment, and such ex-
traordinary session shall mandatorily be required to reap-
portion its membership before adjournment, and such
extraordinary session so called shall not expire until reap-
portionment is effected and shall consider no business other
than reapportionment.
Section 5. State census.-The legislature shall no longer
be required to provide for an enumeration of the inhabi-
tants of the state. The last preceding decennial federal
census beginning with the federal census of 1950 shall also
be the state census and shall control in all population acts
and constitutional apportionments, unless otherwise ordered
by the legislature.
-was read the first time in full and referred to the Select
Committee on Apportionment.
By Messrs. Saunders of Clay, McDonald of Suwannee,
Roberts of Union, Marshburn of Levy, Land of Lafayette,
McAlpin of Hamilton, Williams of Holmes, Hosford of
Liberty, Bedenbaugh of Columbia, Wise of Okaloosa,
Markham of Okeechobee, Peavy of Madison and Jones of
Bay-
H. B. No. 9-X- A bill to be entitled An Act
apportioning the membership of the Florida Legislature;
providing an effective date.
The bill was read the first time by title and referred to
the Select Committee on Apportionment.
By Messrs. Nelson of Sarasota and Holley of Pinellas-
H. M. NO. 10-X-A MEMORIAL TO THE CONGRESS
OF THE UNITED STATES TO EXERCISE THE POW-
ERS GRANTED TO THE CONGRESS BY THE CON-
STITUTION OF THE UNITED STATES TO MAKE
EXCEPTIONS TO THE APPELLATE JURISDICTION
OF THE FEDERAL COURTS OF ALL CAUSES
WHEREIN THE POLITICAL COMPOSITION OF A
STATE GOVERNMENT IS AN ISSUE; PROVIDED
THE FORM OF STATE GOVERNMENT COMPLIES
WITH THE PROVISIONS OF SECTION 4, CLAUSE 1
OF ARTICLE IV OF THE CONSTITUTION OF THE
UNITED STATES.
WHEREAS, the founding fathers of our nation in their
infinite wisdom provided, in the Constitution of the United

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 1, 1962

States, that the powers of government be divided between
the government of the United States and the several states,
and
WHEREAS, the tenth amendment to the Constitution of
the United States establishes the principle that the gov-
ernment of the United States is one of delegated and
limited powers, and that those powers which are not con-
fided to it by the Constitution nor prohibited thereby to
the states are reserved to the states respectively or to the
people, and
WHEREAS, in recent years the courts of the government
of the United States, in total disregard of the provisions
of the tenth amendment, have, by judicial fiat, created laws
which not only trespass upon the powers of the several
states but infringe upon the powers of the Congress of the
United States, ana
WHEREAS, the Constitution of the United States gives
the power to Congress to curb the overweening usurpation
of power by the federal courts in section 2, clause 2, of
Article Ill, which says, in part, "In all other cases before
mentioned, the Supreme Court shall have appellate jurisdic-
tion, both as to law and fact, with such exceptions and
under such regulations as the Congress shall make.", NOW,
THEREFORE,
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:

That the Congress of the United States be and it is
hereby requested to exercise the power given to it by
section 2, clause 2, Article III of the Constitution of the
United States to except from the appellate jurisdiction
of the Supreme Court and from all courts of the United
States all cases wherein the political composition of a
state's government is an issue; provided that the govern-
ment of the state conforms to the provisions of section 4,
clause 1, Article IV of the Constitution of the United
States, and,
BE IT FURTHER RESOLVED that copies of this me-
morial be dispatched to the President of the United
States; the President of the United States Senate; to the
Speaker of the United States House of Representatives;
to each United States Senator; to each Member of the
United States House of Representatives.
-was read the first time in full and referred to the
Select Committee on Judiciary.

Mr. Horne moved that the House now adjourn to re-
convene at 11:00 A.M. tomorrow.
The motion was agreed to.
Thereupon, at the hour of 1:15 P.M., the House stood
adjourned until 11:00 A.M. tomorrow.

10

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Thursday, August 2, 1962

EXTRAORDINARY SESSION

The House was called to order by the Speaker at 11:00
A.M.

The roll was taken and the following
recorded present:

Fagan
Frederick
Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hill
Hollahan
Holley
Home
Hosford
Inman
Johnson
Jones
Karl
Knowles
Lancaster
Land
Liles
Livingston
Loeffler
Mann
Markham
Marshburn
Mathews, J.

A quorum present.
The following prayer
Melton Ware, Chaplain:

Matthews, C.
Mattox
McAlpin
McClain
McDonald
Miner
Mitchell
Nash
Nelson
Nichols
O'Neill
Papy
Peavy
Peeples
Pruitt
Reedy
Roberts, C. A.
Roberts, E. S.
Rowell
Russ
Russell
Ryan
Saunders, J. A.
Saunders, S. D.

Members were

Scott. B. J.
Scott, W. R.
Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stallings
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Vocelle
Wadsworth
Walker
Westberry
Whitaker
Williams, J. J.
Williams, R.
Wise

was offered by the Reverend

O God, the Creator and Preserver of all mankind, we
humbly beseech Thee for Thy divine guidance. Make Thy
ways known unto us and Thy saving health unto our state.
Strengthen the bonds of friendship and fellowship between
all of us. Plant virtue in every life and wisdom in each
mind. Grant that as we assume the responsibilities of this
day we may be conscious of Thy presence and ready to do
Thy will.
Give us, we beseech Thee 0 God, the ability to think be-
fore we speak and to carefully consider what is right be-
fore we act. We confess our need of Thy all-wise guidance
and we implore Thee to grant us Thy direction. In all our
deliberations this day, may we be mindful of the high
responsibility which has been entrusted to us; may we
so conduct ourselves that we can rest this night with a
clear conscience, and be at peace with Thee and our fel-
lowman; through Jesus Christ our Lord, AMEN.

CORRECTION OF THE JOURNAL
The Journal for Wednesday, August 1, was ordered
corrected and as corrected, was approved.

Messrs. Marshburn of Levy, Land of Lafayette, McAlpin
of Hamilton, Williams of Holmes, Hosford of Liberty, Bed-
enbaugh of Columbia, Wise of Okaloosa, Markham of
Okeechobee, Peavy of Madison and Jones of Bay were
given permission to be recorded as co-introducers of
House Joint Resolution No. 8-X and House Bill No. 9-X.

INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS,
CONCURRENT RESOLUTIONS AND MEMORIALS
By Mr. Thomas of Palm Beach-
H. B. No. 11-X- A bill to be entitled An Act
apportioning the senate of the Florida legislature; provid-
ing an effective date.
The bill was read the first time by title and referred to
the Select Committee on Apportionment.
By Mr. Hollahan of Dade-
H. J. R. No. 12-X-A joint resolution proposing an
amendment to Article VII of the Constitution of the
State of Florida; providing for Apportionment of the
Florida Legislature; providing for a State census.
Be It Resolved by the Legislature of the State of Florida:
That the following amendment of Article VII of the
constitution of Florida is agreed to and shall be submitted
to the electors of this state for ratification or rejection
at the general election to be held in November 1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legis-
lature of the state of Florida shall consist of a senate
and a house of representatives. Members of the senate
shall be elected for a term of four (4) years and members
of the house shall be elected for a term of two (2) years.
The term of members of the legislature shall expire on the
first Tuesday after the first Monday in November in each
regular election year. Members of the senate and house
of representatives shall be elected as provided by law.
Any new county that may be created shall be entitled to
one (1) member in the house of representatives in excess
of any limit prescribed in the following sections of this
article until the next reapportionment and the county shall
be assigned when created to a senatorial district as deter-
mined by the legislature.
Section 2. Representation in the senate.-Representa-
tion in the senate of the Florida legislature shall be ap-
portioned among the several counties of the state accord-
ing to population based upon the latest federal decennial
census. There shall be one (1) for each one hundred thou-
sand (100,000) population or major fraction thereof.
Section 3. Representation in the house of representa-
tives.-Representation in the house of representatives of
the Florida legislature shall be apportioned among the sev-
eral counties of the state according to population based
upon the latest federal decennial census and shall be as
follows:

(1) Any county having a total population of fifty
thousand (50,000) inhabitants or less shall have one (1)
representative.
(2) Any county having a total population of fifty thou-

11

Mr. Speaker
Allsworth
Anderson
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Chiles
Cleveland
Costin
Craig
Crews
Daniel
Ducker
Eldredge
Erickson

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 2, 1962

sand (50,000) inhabitants shall have one (1) additional
representative for each additional fifty thousand (50,000)
inhabitants or a major fraction thereof.
Section 4. The 1963 legislature shall be composed of
the legislators elected pursuant to the constitution of
1885 as amended, and of the additional legislators as pro-
vided for herein. Nothing in this amendment shall pro-
hibit any representative elected in the 1962 general elec-
tion pursuant to the constitution of 1885, as amended,
from serving in such office for which he was elected, and
the additional legislative offices created herein shall be
filled by and at a special election to be held in the affected
counties or districts as provided by law.
The legislature shall reapportion its representation in
accordance with this article at the 1971 regular session
of the legislature and every ten (10) years thereafter
based upon the preceding latest federal decennial census.
In the event the legislature shall- fail to reapportion
the representation as required by this article, the gover-
nor shall call the legislature together in extraordinary
session to consider the question of reapportionment, and
such extraordinary session shall mandatorily be required
to reapportion its membership before adjournment, and
such extraordinary session so called shall not expire until
reapportionment is effected and shall consider no business
other than reapportionment.
Section 5. State census.-The legislature shall no longer
be required to provide for an enumeration of the inhabitants
of the state. The last preceding decennial federal census
beginning with the federal census of 1950 shall also be the
state census and shall control in all population acts and
constitutional apportionments, unless otherwise ordered by
the legislature.
-was read the first time in full and referred to the
Select Committee on Apportionment.
By Mr. Mann of Hillsborough-
H. R. NO. 13-X-A RESOLUTION SENDING GREET-
INGS TO HONORABLE ROBERT A. GRAY, FORMER
SECRETARY OF STATE, ON HIS EIGHTIETH BIRTH-
DAY.
WHEREAS, on this the 2nd day of August, Robert A.
Gray, former secretary of state is eighty (80) years old
today, and
WHEREAS, many members of this House have long
been associated with "Captain Bob" and wish to send him
their greetings, NOW, THEREFORE,
BE IT RESOLVED BY THE HOUSE OF REPRE-
SENTATIVES OF THE STATE OF FLORIDA:
That we do express to "Captain Bob" Gray our sincere
best wishes on this, his eightieth birthday, and that the
chief clerk of the house of representatives be instructed
to telephone this resolution to "Captain Bob" and to send
him a copy by mail.

-was read the first time by title.
Mr. Mann moved that House Resolution No. 13-X be
read a second time in full.
The motion was agreed to, and House Resolution No.
13-X was read a second time in full.
Mr. Mann moved the adoption of the resolution.

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

By Mr. Eldredge of Dade-
H. J. R. NO. 14-X-A JOINT RESOLUTION PROPOS-

ING AN AMENDMENT TO ARTICLE XVII OF THE
STATE CONSTITUTION BY ADDING THERETO A
PROVISION CALLING FOR A CONSTITUTIONAL CON-
VENTION TO REVISE THE CONSTITUTION OF THE
STATE OF FLORIDA, AND THE ELECTION AND AP-
PORTIONMENT OF DELEGATES THERETO.

The Speaker ruled that the introduction and considera-
tion of House Joint Resolution No. 14-X would constitute
Legislative business other than that for which the Legis-
lature was especially convened.

Mr. Eldredge moved that this House determine that it
shall transact the Legislative business of the introduction
and consideration of House Joint Resolution No. 14-X.

A roll call was ordered.

When the vote was taken on the motion by Mr. Eldredge,
the result was:

Yeas:

Eldredge
Nays:
Mr. Speaker
Allsworth
Anderson
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chiles
Cleveland
Costin
Craig
Crews
Daniel
Ducker
Erickson
Fagan

Hollahan Mattox

Frederick
Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hill
Holley
Home
Hosford
Inman
Johnson
Jones
Karl
Knowles
Lancaster
Land
Liles
Livingston
Loeffler
Mann
Markham
Marshburn
Mathews, J.
Matthews, C.

McAlpin
McClain
McDonald
Miner
Mitchell
Nash
Nelson
Nichols
O'Neill
Papy
Peavy
Peeples
Pruitt
Reedy
Roberts, C. A.
Roberts, E. S.
Rowell
Russ
Russell
Ryan
Saunders, J. A.
Saunders, S. D.
Scott, W. R.

Scott. B. J.

Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stallings
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Vocelle
Walker
Westberry
Whitaker
Williams, J. J.
Williams, R.
Wise

Yeas- 4

Nays-88

The motion was not agreed to by the required Consti-
tutional two-thirds vote, and House Joint Resolution No.
14-X was not admitted for introduction and consideration
by the House.

ENROLLING REPORT

Your Enrolling Clerk to whom was referred-

House Concurrent Resolution No. 3-X
-reports same has been properly enrolled, signed by
the Speaker and Chief Clerk of the House of Representa-
tives, and by the President and Secretary of the Senate,
and presented to the Governor on August 2, 1962.

Irma Linn
Enrolling Clerk

Mr. Horne moved that the House now adjourn to re-
convene at 10:00 A.M. tomorrow.

The motion was agreed to.

Thereupon, at the hour of 11:38 A.M., the House stood
adjourned until 10:00 A.M. tomorrow.

12

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Friday, August 3, 1962

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

The roll was taken and the following
recorded present:

Erickson
Fagan
Frederick
Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hill
Hollahan
Holley
Home
Hosford
Inman
Johnson
Jones
Karl
Lancaster
Land
Liles
Livingston
Loeffler
Mann
Markham
Marshburn

Mathews, J.
Matthews, C.
Mattox
McAlpin
McClain
McDonald
Mitchell
Nelson
Nichols
O'Neill
Papy
Peavy
Pruitt
Reedy
Roberts, C. A.
Roberts, E. S.
Rowell
Russ
Russell
Ryan
Saunders, J. A.
Saunders, S. D.
Scott. B. J.

Members were

Scott, W. R.
Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stallings
Stone
Strickland
Sweeny
rhomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Wadsworth
Walker
Westberry
Whitaker
Williams, J. J.
Williams, R.
Wise

Excused: Messrs. Nash, Miner, Peeples, and Vocelle.
A quorum present.
Prayer was offered by the Honorable Leon N. McDon-
ald, Member of the House from Suwannee County.
CORRECTION OF THE JOURNAL
The Journal for Thursday, August 2, was ordered cor-
rected and as corrected was approved.
COMMUNICATION
The following communication was received and read:
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
TALLAHASSEE
August 2, 1962
The Honorable William V. Chappell, Jr.
Speaker, House of Representatives
The Capitol
Tallahassee, Florida
Dear Sir:
I have the honor to inform you that I have today trans-
mitted to the Secretary of State House Concurrent Reso-
lution No. 3-X, Extraordinary Session, 1962, providing
that the House of Representatives and the Senate con-
vene in joint session in the Chamber of the House of
Representatives at 11:20 A.M., August 1, 1962.
Respectfully,
FARRIS BRYANT
Governor
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS, AND MEMORIALS.
By Messrs. Arrington and Inman of Gadsden, Turling-
ton and Fagan of Alachua, Crews of Baker, Bennett and
13

Mr. Speaker
Allsworth
Anderson
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Chiles
Cleveland
Costin
Craig
Crews
Daniel
Ducker
Eldredge

Jones of Bay, Thomas of Bradford, Pruitt of Brevard,
Allsworth and Ryan of Broward, Fuqua of Calhoun, Hill
of Charlotte, Strickland of Citrus, Saunders of Clay, Walk-
er of Collier, Bedenbaugh of Columbia, Hollahan, El-
dredge and Matthews of Dade, Smith of DeSoto, Chaires
of Dixie, Mathews, Westberry and Stallings of Duval,
Askew and Stone of Escambia, Wadsworth of Flagler,
Nash of Franklin, Lancaster of Gilchrist, Peeples of
Glades, Costin of Gulf, McAlpin of Hamilton, Bass of
Hardee, Miner of Hendry, Ayers of Hernando, Livingston
of Highlands, Liles, Mann and Whitaker of Hillsborough,
Williams of Holmes, Vocelle of Indian River, Sims and
Williams of Jackson, Anderson of Jefferson, Land of La-
fayette, Daniel and Reedy of Lake, Scott of Lee, Horne and
Mitchell of Leon, Marshburn of Levy, Hosford of Liberty,
Peavy of Madison, Boyd and Knowles of Manatee, O'Neill
and Chappell of Marion, Scott of Martin, Papy and Saund-
ers of Monroe, Askins of Nassau, Nichols and Wise of
Okaloosa, Markham of Okeechobee, Griffin of Osceola,
Thomas and Roberts of Palm Beach, McClain of Pasco,
Russell, Holley and Loeffler of Pinellas, Chiles, Mattox and
Griffin of Polk, Beck of Putnam, Usina and Craig of St.
Johns, Smith of St. Lucie, Byrom of Santa Rosa, Erickson
and Nelson of Sarasota, Cleveland and Frederick of Sem-
inole, Rowell of Sumter, McDonald of Suwannee, Smith
of Taylor, Roberts of Union, Karl and Sweeny of Volusia,
Russ of Wakulla, Carter of Washington, and Ducker and
Mrs. Johnson of Orange.
H. R. No. 15X-A Resolution honoring the memory of
Honorable Amos H. Davis, former Sergeant-at-Arms
in the House of Representatives.
WHEREAS, Honorable Amos H. Davis faithfully served
as Sergeant-at-Arms of the Florida House of Represent-
atives from 1951 to July 8, 1962, when he was called to
his heavenly reward, and
WHEREAS, Honorable Amos H. Davis was born in
Greenwood, Florida, on July 25, 1883. He moved from
Greenwood to Mt. Pleasant, where he has lived since
childhood. He was married to Elizabeth Neal, formerly
of Madison, North Carolina, on April 9, 1914. He is sur-
vived by his widow; two sons, Jefferson Davis of Home-
stead, and William N. Davis, of Mt. Pleasant; a daughter,
Mrs. Clinton L. Darling of Lutherville, Maryland; two
sisters, Mrs. E. Perry Woodward of Quincy, and Mrs. W.
W. Cobey, Sr., College Park, Maryland, and nine grand-
children. He was a farmer in Gadsden, Dade and Lee
counties, and
WHEREAS, Honorable Amos H. Davis served his county
and state as a member of this House of Representatives
for six terms between 1935 and 1947, representing Gads-
den county, and
WHEREAS, he always faithfully performed all public
duties and obligations, and
WHEREAS, his service to this House will long be re-
membered and appreciated, and
WHEREAS, the House of Representatives, the family
of Amos H. Davis including his wife, his two sons, his
daughter, his sisters and grandchildren have suffered a
great loss in the passing of Amos H. Davis, NOW,
THEREFORE,
Be It Resolved by the House of Representatives of the State
of Florida:

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 3, 1962

A RESOLUTION HONORING THE MEMORY OF HONORABLE
AMOS H. DAVIS, FORMER SERGEANT-AT-ARMS IN THE
HOUSE OF REPRESENTATIVES

WHEREAS, Honorable Amos H. Davis faithfully served as Sergeant-at-
Arms of the Florida House of Representatives from 1951 to July 8, 1962, when
he was called to his heavenly reward, and

WHEREAS, Honorable Amos H. Davis was born in Greenwood, Florida,
on July 25, 1883. He moved from Greenwood to Mt. Pleasant, where he has
lived since childhood. He was married to Elizabeth Neal, formerly of Madison,
North Carolina, on April 9, 1914. He is survived by his widow; two sons,
Jefferson Davis of Homestead, and William N. Davis, of Mt. Pleasant; a
daughter, Mrs. Clinton L. Darling of Lutherville, Maryland; two sisters, Mrs.
E. Perry Woodward of Quincy, and Mrs. W. W. Cobey, Sr., College Park,
Maryland, and nine grandchildren. He was a farmer in Gadsden, Dade and
Lee counties, and

WHEREAS, Honorable Amos H. Davis served his county and state as a
member of this House of Representatives for six terms between 1935 and 1947,
representing Gadsden county, and

WHEREAS, he always faithfully performed all public duties and obli-
gations, and

WHEREAS, his service to this House will long be remembered and ap-
preciated, and

WHEREAS, the House of Representatives, the family of Amos H. Davis
including his wife, his two sons, his daughter, his sisters and grandchildren
have suffered a great loss in the passing of Amos H. Davis, NOW, THERE-
FORE,

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE
STATE OF FLORIDA:

That we do express to the family of Amos H. Davis our sympathy in the
passing of a faithful and conscientious public servant; that we do, in this
manner, have as a permanent record a copy of this memorial spread upon the
pages of the Journal of the House of Representatives, and instruct the Clerk
of our House of Representatives to mail to the members of his family a copy
of this memorial as an expression of our high and lasting regard for a faithful
friend and loyal citizen of his county and state.

14

I I I 11 III L I I ''--- -

L II I I I I L I1L I

AUGUST 3, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

That we do express to the family of Amos H. Davis
our sympathy in the passing of a faithful and conscien-
tious public servant; that we do, in this manner, have as
a permanent record a copy of this memorial spread upon
the pages of the Journal of the House of Representatives,
and instruct the Clerk of our House of Representatives
to mail to the members of his family a copy of this
memorial as an expression of our high and lasting regard
for a faithful friend and loyal citizen of his county and
state.
-was read the first time by title.
Mr. Arrington moved that House Resolution No. 15-X
be read a second time in full.
The motion was agreed to, and House Resolution No.
15-X was read a second time in full.
Mr. Arrington moved the adoption of the resolution.
The motion was agreed to, and House Resolution No.
15-X was adopted.
By Mr. Smith of St. Lucie-
H. B. No. 16-X- A bill to be entitled An Act
providing for the apportionment of the membership of
the senate of the legislature of the state of Florida accord-
ing to districts.
The bill was read the first time by title and referred
to the Select Committee on Apportionment.
By Mr. Smith of St. Lucie-
H. B. No. 17-X- A bill to be entitled An Act
providing apportionment of the house of representatives
of the Florida legislature.
The bill was read the first time by title and referred
to the Select Committee on Apportionment.
By Mr. Mathews of Duval-
H. M. No. 18-X-A memorial to the Congress of the
United States of America urging the Congress to submit
a Constitutional Amendment granting to the State
Courts exclusive jurisdiction of suits and actions re-
lating to the Apportionment and Reapportionment of the
membership of State Legislatures.
WHEREAS, the apportionment of the membership of
State Legislatures, both the House and Senate, is properly
a state and not a federal question; and
WHEREAS, there has been some effort recently by some
of the lower federal courts, not only to determine the
validity of the apportionment or reapportionment of the
membership of state legislatures, but also to make appor-
tionment or reapportionment by judicial decree; and
WHEREAS, such judicial proceedings seriously inter-
fere with states' rights and the freedom of government
by the people of the several states, NOW, THEREFORE,
Be It Resolved by the Legislature of the State of Florida:
That the Florida Legislature hereby and herein peti-
tions the Congress of the United States of America, and
each house and member thereof, to draft and submit a
suitable amendment to the United States Constitution,
granting to the State courts exclusive jurisdiction of suits
and actions relating to the apportionment and reappor-
tionment of the membership of state legislatures; and
BE IT FURTHER RESOLVED, that copies of this me-
morial be transmitted forthwith by the Chief Clerk of
the House and the Secretary of the Senate of the State
of Florida to the President of the United States, and the
Vice-President of the United States as presiding officer

15

of the Senate, and the Speaker of the House of Repre-
sentatives of the Congress of the United States, to each
of the congressional delegation from Florida in the United
States Congress, and to each of the Governors, Secretaries
of State, and Attorneys General of the several states; and
BE IT FURTHER RESOLVED, that a copy of this
memorial be spread upon the journal of both the Senate
and House of Representatives of the State of Florida, and
sufficient copies thereof be furnished to the press.
-was read the first time in full and referred to the
Select Committee on Judiciary.
By Mr. Roberts of Palm Beach-
H. J. R. NO. 19-X-A joint resolution proposing an
amendment to Article VII of the Constitution of the
State of Florida, providing for apportionment of the
Florida Legislature; providing for a state census.
Be It Resolved by the Legislature of the State of Florida:
That the following amendment of Article VII of the
Constitution of Florida is agreed to and shall be sub-
mitted to the electors of this state for ratification or re-
jection at the general election to be held in November,
1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legisla-
ture of the state of Florida shall consist of a senate and
a house of representatives. Members of the senate shall
be elected for a term of four (4) years and members of
the house shall be elected for a term of two (2) years.
The term of members of the legislature shall expire on
the first Tuesday after the first Monday in November in
each regular election year. Members of the senate and
house of representatives shall be elected as provided by
law. Any new county that may be created shall be en-
titled to one (1) member in the house of representatives
in excess of any limit prescribed in the following sections
of this article until the next reapportionment and the
county shall be assigned when created to a senatorial dis-
trict as determined by the legislature.
Section 2. Apportionment of the legislature.-In the
first regular session after each decennial census, the leg-
islature shall divide the state into as many legislative
areas as the state is assigned seats in the United States
House of Representatives; such legislative areas to be of
contiguous territory and as equal in population as prac-
ticable. The legislature shall fix the number of represent-
atives in the House of Representatives at not less than
100 and not more than 120, and the total number of
representatives shall be apportioned among the legisla-
tive areas in proportion to their respective populations.
The legislature shall by law divide each legislative area
into representative districts, determining the boundaries
of representative districts, following county and precinct
lines and assigning representatives thereto; when any
county has more than three representatives it shall be
divided by the legislature into districts, with no district
electing more than three representatives.
The legislature shall fix the number of senate districts
at not less than 40 nor more than 50. The number of
senate districts, with one senator per district, shall then
be apportioned among the legislative areas in proportion
to their populations, and the legislature shall fix the
boundaries of the senate districts within each legislative
area. Until 1971 no legislative area shall be entitled to
more than four senate districts.
If the legislature fails within eight calendar months
after the convening of the regular session to determine

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 3, 1962

its house and senate districts, all representatives within
the legislative area shall be elected from the legislative
area at large.
Section 3. State census.-The last preceding decennial
federal census shall also be the state census and shall
control in all population acts and constitutional appor-
tionments, unless otherwise ordered by the legislature.
-was read the first time in full and referred to the
Select Committee on Apportionment.
By Mr. Stallings of Duval-
H. C. R. No. 20-X-A' Concurrent Resolution to declare
the United States Supreme Court decisions usurping the
powers reserved and guaranteed to the states and re-
lating to apportionment of the legislatures of the states
to be null, void and of no effect; to declare that a con-
test of powers has arisen between the State of Florida
and the Supreme Court of the United States; to invoke
the doctrine of interposition; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA, THE SENATE
CONCURRING:
That the Legislature of Florida doth hereby unequivo-
cally express a firm and determined resolution to maintain
and defend the Constitution of the United States, and the
Constitution of this State against every attempt, whether
foreign or domestic, to undermine and destroy the funda-
mental principles, embodied in our basic law, by which
the liberty of the people and the sovereignty of the States,
in their proper spheres, have been long protected and as-
sured;
That the Legislature of Florida doth explicitly and pre-
emptorily declare that it views the powers of the Federal
Government as resulting solely from the compact, to
which the States are parties, as limited by the plain sense
and intention of the instrument creating that compact;
That the Legislature of Florida asserts that the powers
of the Federal Government are valid only to the extent
that these powers have been enumerated in the compact
to which the various states assented originally and to
which the States have assented in subsequent amend-
ments validly adopted and ratified;
That the very nature of this basic compact, apparent
upon its face, is that the ratifying States, parties there-
to, have agreed voluntarily to surrender certain of their
sovereign rights, but only certain of these sovereign
rights, to a Federal Government thus constituted; and
that all powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, have
been reserved to the States respectively, or to the people;
That the State of Florida has at no time surrendered
to the General Government its right to exercise its pow-
ers in the field of apportioning its Legislature;
That the State of Florida, in ratifying the Fourteenth
Amendment to the Constitution, did not agree, nor did the
other States ratifying the Fourteenth Amendment agree,
that the power to apportion their Legislatures was to be
prohibited to them thereby;
That the Legislature of Florida denies that the Su-
preme Court of the United States or the inferior Federal
Courts have the right which it asserted in Baker vs. Carr
decided by it on March 26, 1962, to enlarge the language
and meaning of the compact by the States in an effort
to withdraw from the States powers reserved or guaran-
teed to them and as daily exercised by them for more than
a century;
That a question of contested power has arisen; the
Supreme Court of the United States asserts, for its part,

that the States did in fact prohibit unto themselves the
power to apportion their legislatures and the State of
Florida, for its part asserts that it and its sister States
have never surrendered such power;
That these assertions upon the part of the Supreme
Court of the United States, accompanied by threats of
coercion and compulsion by inferior Federal Courts,
against the sovereign States of this Union, constitute a
deliberate, palpable, and dangerous attempt by the Court
to prohibit to the States certain rights and powers never
surrendered by them;
That the Legislature of Florida asserts that whenever
the General Government attempts to engage in the delib-
erate, palpable and dangerous exercise of powers not
granted to it, the States who are parties to the compact
have the right, and are in duty bound, to interpose for
arresting the progress of the evil, and for maintaining,
within their respective limits, the authorities, rights, and
liberties appertaining to them;
That failure on the part of this State thus to assert
its clear rights would be construed as acquiescence in
the surrender thereof; and that such submissive acqui-
escence to the seizure of one right would in the end lead
to the surrender of all rights, and inevitably to the con-
solidation of the States into one sovereignty, contrary to
the sacred compact by which this Union' of States was
created;
That the question of contested power asserted in this
resolution is not within the province of the Court to de-
termine because the Court itself seeks to usurp the pow-
ers which have been reserved and guaranteed to the
States, and, therefore, under these circumstances, the
judgment of all the parties to the compact must be sought
to resolve the question. The Supreme Court is not a party
to the compact but a creature of the compact and the
question of contested power should not be settled by the
creature seeking to usurp the power, but by the parties
to the compact who are the people of the respective States
in whom ultimate sovereignty finally reposes;
That the doctrines of Baker vs. Carr denying to the
States sole jurisdiction to decide political questions should
not be forced upon the citizens of this State for the Court
was without jurisdiction, power or authority to interfere
with the sovereign powers of the State in such spheres of
activity;
That the Court in its decision relating to legislative
apportionment was without jurisdiction because the juris-
diction of the Court granted by the Constitution is limited
to judicial cases in law and equity, and said case of
Baker vs. Carr was not of a judicial nature and charac-
ter, nor did it involve controversies in law or equity, but,
on the contrary, the great subjects of the controversy are
of a legislative and political character, and not a judicial
character, and are determinable only by the people them-
selves speaking through their legislative bodies;
That if the Court is permitted to exercise the power to
dictate apportionment of state legislatures and to hold
the statute or Constitution of a State unconstitutional
because of the opinions of the Judges as to its suita-
bility, the States will have been destroyed, and the in-
destructible Union of Indestructible States established
by the Constitution of the United States will have ceased
to exist, and in its stead the Court will have created,
without jurisdiction or authority from the people, one
central government of total power;
That it is clear that said Court has deliberately re-
solved to disobey Article IV, Section 4 of the Constitu-
tion of the United States, and to flout and defy the Su-
preme Law of the Land;

16

JOURNAL OF THE HOI

That the State of Florida, as is also true of the other
sovereign states of the Union, has the right to enact laws
relating to legislative apportionment, this being a govern-
mental responsibility which the State has assumed law-
fully, and her rights in this respect have not in any wise
been delegated to the Central Government, but, on the
contrary, she and the other states have reserved such
matters to themselves by the terms of the Tenth-Amend-
ment. Being possessed of and guaranteed this lawful
right, the State of Florida is possessed of power to repel
every unlawful interference therewith;
That the State of Florida, as is also true of the other
sovereign states of this Union, has the right to apportion
its legislature and any attempt by the federal courts to
dictate the terms of such apportionment is in violation
of the solemn compact between the states, particularly
the checks and balances prescribed by the United States
Constitution in the separation of powers between the
Legislative, Executive and Judicial, the guarantee of a
republican form of government embodied in Article IV,
Section 4, of the Constitution and the rights reserved to
the states or the people by Articles IX and X of the Bill
of Rights of the Federal Constitution. Since "The Court's
authority possessed neither of the purse nor the sword -
ultimately rests on sustained public confidence in its
moral sanction", the Federal Courts do not have the
authority, the ability nor the public confidence to dominate
and dictate the reapportionment of the legislature. "To
charge courts with the task of accommodating the incom-
mensurable factors of policy that underlie these mathe-
matical puzzles is to attribute, however flatteringly, omni-
competence to judges. The Framers of the Constitution
persistently rejected a proposal that embodied this as-
sumption and Thomas Jefferson never entertained it."
And, further "The Framers carefully and with deliberate
forethought refused so to enthrone the Judiciary." Pre-
vious "opinions demonstrate a predominant concern, first,
with avoiding federal judicial involvement in matters tra-
ditionally left to legislative policy-making; second, with
respect to the difficulty-in view of the nature of the
problems of apportionment and its history in this coun-
try of drawing on or devising judicial standards for
judgement, as opposed to legislative determinations, of
the part which mere numerical equality among voters
should play as a criterion for the allocation of political
power; and, third, with problems of finding appropriate
modes of relief." Throughout the history of this nation
federal courts have consistently refused "to exercise their
equity powers in cases posing political issues arising
from a state's geographical distribution of electoral
strength among its political subdivisions." The Federal
courts "can never with propriety be called on officially
to be the umpire in questions merely political. The ad-
justment of these questions belongs to the people and
their political representatives, either in the State or gen-
eral government if the people in the distribution of
powers under the Constitution, should ever think of mak-
ing judges supreme arbiters in political controversies,
when not selected by nor, frequently, amenable to them,
nor at liberty to follow such various considerations in
their judgements as belong to mere political questions,
they will dethrone themselves and lose one of their own
invaluable birthrights; building up in this way slowly
but surely a new sovereign power in the republic, in
most respects irresponsible and unchangeable for life,
and one more dangerous, in theory at least, than the worst
elective oligarchy in the worst of times A federal
court is not a forum for political debate these are not
factors that lend themselves to evaluations of a nature
that are the staple of judicial determinations or for which
judges are equipped to adjudicate by legal training or
experience or native wit. Apportionment battles are over-
whelmingly party or intra-party contests. It will add a
virulent source of friction and tension in federal-state

AUGUST 3, 1962

JSE OF REPRESENTATIVES 17

relations to embroil the federal judiciary in them. It is
surely beyond argument that those who have the re-
sponsibility for devising a system of representation may
permissibly consider that factors other than bare numbers
should be taken into account. The existence of the United
States Senate is proof enough of that. The federal courts
have not been empowered by the Equal Protection Clause
to judge whether this resolution of the State's internal
political conflict is desirable or undesirable, wise or un-
wise. The Federal Constitution imposes no limitation on
the form which a state government may take other than
generally committing to the United States the duty to
guarantee to every State 'A Republican Form of Govern-
ment'. A State's choice to distribute electoral strength
among geographical units, rather than according to a
census of population, is certainly no less a rational de-
cision of policy than would be its choice to levy a tax on
income. Both are legislative judgments entitled to equal
respect from" Federal Courts. (Quotations are from the
dissenting opinions of Justices Frankfurter and Harlan
in Baker vs. Carr).
That the duty and responsibility of protecting life, prop-
erty and the priceless possessions of freedom rests upon
the Government of Florida as to all those within her ter-
ritorial limits. The State alone has this responsibility. La-
boring under this high obligation she is possessed of the
means to effectuate it. It is the duty of the State in flagrant
cases such as those herein enumerated to interpose its pow-
ers between its people and the effort of said Court to as-
sert an unlawful dominion over them; THEREFORE,
BE IT FURTHER RESOLVED BY THE HOUSE OF REP-
RESENTATIVES OF THE STATE OF FLORIDA,
THE SENATE CONCURRING:
Section 1. That said decisions and orders of the Su-
preme Court of the United States and inferior Federal
Courts denying the individual sovereign states the sole juris-
diction to decide political questions such as apportionment
of their respective Legislatures are null, void and of no
force or effect.
Section 2. That the elected representatives of the peo-
ple of Florida do now seriously declare that it is the intent
and duty of all officials, state and local, to observe, honorably,
legally and constitutionally, all appropriate measures avail-
able to resist these illegal encroachments upon the sovereign
powers of this State.
Section 3. That we urge firm and deliberate efforts to
check these and further encroachments on the part of the
Federal Government, and on the part of said Court through
judicial legislation, upon the reserved powers of all the
States' powers never surrendered by the remotest implica-
tion but expressly reserved and vitally essential to the sep-
arate and independent autonomy of the States in order
that by united efforts the States may be preserved.
Section 4. That a copy of this Resolution be trans-
mitted by the Secretary of State to the Governor and Leg-
islature of each of the other States, to the President of the
United States, to each of the Houses of Congress, to
Florida's Representatives and Senators in Congress, and
to the Supreme Court of the United States, Court of Ap-
peals, 5th Circuit, the United States District Judges in the
State of Florida and the Florida Supreme Court, for its
information.
-was read the first time in full and referred to the
Select Committee on Judiciary.
Mr. Horne moved that the House now adjourn to recon-
vene at 11:00 A. M. Monday, August 6.
The motion was agreed to.
Thereupon, at the hour of 10:10 A. M., the House stood
adjourned until 11:00 A. M. Monday, August 6.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Monday, August 6, 1962

The House was called
11:00 A.M.
The roll was taken and
recorded present:

Mr. Speaker
Allsworth
Anderson
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Chiles
Cleveland
Crews
Daniel
Ducker
Erickson
Fagan

to order by the Speaker at

the following Members were

Frederick Matthews, C.
Fuqua Mattox
Griffin,B.H., Jr. McAlpin
Griffin,J.J.,Jr. McClain
Hill McDonald
Hollahan Miner
Holley Mitchell
Hosford Nash
Inman Nelson
Johnson Nichols
Jones O'Neill
Karl Papy
Knowles Peavy
Lancaster Pruitt
Land Reedy
Liles Roberts, C. A.
Livingston Roberts, E. S.
Loeffler Rowell
Mann Russ
Markham Russell
Marshburn Ryan
Mathews, J. Saunders, J. A.

Saunders, S. D.
Scott, B. J.
Scott, W. R.
Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stallings
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Usina
Wadsworth
Walker
Westberry
Whitaker
Williams, J. J.
Williams, R.
Wise

Excused: Messrs. Eldredge, Home, Peeples, Vocelle,
Costin, Craig, and Turlington.
A quorum present.
The following prayer was offered by the Reverend
Melton Ware, Chaplain:
0 God, to whom belong adoration and praise; prepare
us, through the active presence of Thy Spirit, to come
before Thee worthily and to ask of Thee rightly in these
moments; enlighten our understanding; purify our de-
sires; strengthen every right purpose Thou dost find
within us; direct our thoughts, words and deeds this day
that they may be worthy of the trust Thou hast placed
in us.
We offer a special prayer this morning for the Speaker
of the House, the Chairman and members of our commit-
tees, and all others to whom we have entrusted the re-
sponsibility of leadership. Grant unto them a special
portion of calm and understanding when the winds of
controversy blow about their heads; give unto them spe-
cial powers of discernment that they may guide us rightly
when decisions are being made; enable them to endure
with fortitude whatever demands their positions of lead-
ership make upon them, and grant, most merciful God,
that we may all live lives worthy of Thy approval; to the
glory of Thy holy name, AMEN.
Pledge of allegiance to the Flag.
CORRECTION OF THE JOURNAL
The Journal for Friday, August 3, was ordered cor-
rected and as corrected was approved.
The Speaker announced that he had appointed Messrs.
McClain of Pasco, O'Neill of Marion and Jones of Bay
to serve on the Select Committee on Apportionment.

INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS AND MEMORIALS
By Messrs. Scott of Martin, Scott of Lee, Smith of De-
Soto, Griffin of Osceola, Pruitt of Brevard, Askins of
Nassau, and Livingston of Highlands-
H. B. No. 21-X- A Bill to be entitled An Act
Providing apportionment of the house of representatives
of the Florida legislature; providing an effective date.
The bill was read the first time by title and referred
to the Select Committee on Apportionment.
By Messrs. Karl of Volusia and Mann of Hillsborough-
H. C. R. No. 22-X-A concurrent resolution deploring
the invasion of the legislative function by the federal
judiciary, acknowledging certain responsibility therefore
and determining to move forward, without delay, to ac-
complish fair reapportionment.
WHEREAS, this special legislative session was called
by the Governor for the purpose of permitting the duly
elected state senators and state representatives to meet,
exchange ideas, deliberate and then reapportion the leg-
islative representation of the state, and
WHEREAS, the members, believing that the sovereign
state of Florida should have the exclusive right to ap-
portion its legislative representation, recognize that to
preserve that right they must act swiftly and with a sense
of responsibility to agree upon and pass a reapportion-
ment plan that is equitable, and
WHEREAS, if the legislature fails to act or if it fails
to provide an equitable proposal as is required by the
constitution, there is a very real possibility that the Fed-
eral court may elect to act and thereby deprive the state
of its right to do so, and
WHEREAS, in numerous instances, other than in the
field of reapportionment, this state has suffered the loss
of certain of its rights and controls because of the failure
or refusal of the state to recognize the rights and needs
of its own people and because of its failure to recognize
that states' rights carry with them corresponding states'
responsibility, and
WHEREAS, it would not be in the best interest of the
state to permit this special session to degenerate into a
dilemma wherein either states' rights or our people's
rights must be lost, because the two are compatible and
both can be preserved through positive action, and
WHEREAS, all members deeply regret the fact that the
courts have become involved in this matter, but never-
theless recognize that if the legislative representation
had been fairly apportioned there would have been no
occasion for the court's intervention and further that if
the legislature now meets its responsibility voluntarily
there will be no justification for further court action, and
WHEREAS, by the legislature acting promptly and in
a good faith attempt to find a solution to this problem,
18

AUGUST 6, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

which is most complex and difficult, the people of this
state will be spared the confusion, frustration and humili-
ation that will possibly result from inaction, and
WHEREAS, the first days of the session have been de-
voted primarily to organizational and administrative mat-
ters and an air of apathy has seemingly engulfed the
legislature obscuring the urgency of the situation and the
necessity to act without undue delay, and
WHEREAS, the legislature should express its general
intentions as to future action so that the people might
be assured that their rights are being preserved, NOW,
THEREFORE,
Be It Resolved by the House of Representatives of the State
of Florida, the Senate Concurring:
That it is the sense of the legislature that, while it
deplores the invasion of the legislative function by the
federal judiciary, it recognizes that its failure to reap-
portion properly has precipitated the court action and
that its continued failure to meet its responsibilities will
inevitably result in additional and more dramatic court
action.
BE IT FURTHER RESOLVED that this house, being
fully aware of its sworn duties, solemn obligations and
important responsibilities does now determine that it will
move forward without unnecessary or undue delay in a
determined manner to accomplish fair apportionment for
all of the people of the state.
-was read the first time in full and referred to the
Select Committee on Judiciary.
By Messrs. Mathews and Westberry of Duval-
H. J. R. No. 23-X-A Joint Resolution proposing an
amendment to Article VII of the Constitution of the
State of Florida; providing for apportionment of the
Florida Legislature; providing for a state census.
Be It Resolved by the Legislature of the State of Florida:
That the following amendment of Article VII of the
constitution of Florida is agreed to and shall be sub-
mitted to the electors of this state for ratification or
rejection at the general election to be held in November
1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legis-
lature of the state of Florida shall consist of a senate
and a house of representatives. Members of the senate
shall be elected for a term of four (4) years and members
of the house shall be elected for a term of two (2) years.
The term of members of the legislature shall expire on
the first Tuesday after the first Monday in November in
each regular election year. Members of the senate and
house of representatives shall be elected as provided by
law. Any new county that may be created shall be
entitled to one (1) member in the house of representatives
in excess of any limit prescribed in the following sections
of this article until the next reapportionment and the
county shall be assigned when created to a senatorial
district as determined by the legislature.
Section 2. Senate.-The representation in the senate of
the Florida legislature shall consist of forty-five (45)
members, each representing a district. Twenty-three (23)
districts shall consist of the twenty-three (23) most pop-
ulous counties according to the latest federal decennial
census. Twenty-two (22) districts shall be created from
the remaining forty-four (44) counties of the state with
the view of effecting equitable representation.
No county shall be divided in creating a district. No

county shall be separated from the remainder of the dis-
trict of which it is part by more than a county which
was formerly a part of said district as of 1962.
Section 3. House of representatives.-Representation in
the house of representatives of the Florida legislature
shall be apportioned among the several counties of the
state according to population based upon a percentage
which the total ratio population of the respective county
bears to the total population of the state according to
the latest federal decennial census.
Each county shall have one (1) representative for each
fraction of one per cent (1%) and an additional repre-
sentative for each whole per cent based upon its total
population ratio to the total state population. The house
membership shall not be less than one hundred (100)
and not more than one hundred sixty-six (166).
Section 4. The 1963 legislature shall be composed of
the legislators elected pursuant to the constitution of
1885, as amended, and of the additional legislators as
provided for herein. If this article is ratified, the legis-
lature shall be apportioned according to legislation passed
at the 1962 extraordinary session called for that purpose.
Nothing in this amendment shall prohibit any representa-
tive elected in the 1962 general election pursuant to the
constitution of 1885, as amended, from serving in such
office for which he was elected, and the additional legis-
lative offices created herein shall be filled by and at a
special election to be held in the affected counties or
districts as provided by law. The senators elected from
the new even numbered districts shall be elected for a
term of four (4) years and the new senators elected from
the odd numbered districts shall be elected for a term
of two (2) years. Thereafter all senators shall be elected
for four (4) year terms.
The legislature shall reapportion its representation in
accordance with this article at the 1971 regular session
of the legislature and every ten (10) years thereafter
based upon the preceding latest federal decennial census.
In the event the legislature shall fail to reapportion
the representation as required by this article, the gover-
nor shall call the legislature together in extraordinary
session to consider the question of reapportionment, and
such extraordinary session shall mandatorily be required
to reapportion its membership before adjournment, and
such extraordinary session so called shall not expire until
reapportionment is effected and shall consider no busi-
ness other than reapportionment.
Section 5. State census.-The legislature shall no longer
be required to provide for an enumeration of the inhabi-
tants of the state. The last preceding decennial federal
census beginning with the federal census of 1950 shall
also be the state census and shall control in all popula-
tion acts and constitutional apportionments, unless other-
wise ordered by the legislature.
-was read the first time in full and referred to the
Select Committee on Apportionment.
By Mr. O'Neill of Marion-
H. J. R. No. 24-X-A joint resolution proposing an
amendment to Article VII of the constitution of the state
of Florida, providing for apportionment of the Florida
legislature; providing for a state census.
Be It Resolved by the Legislature of the State of Florida:
That the following amendment of Article VII of the
Constitution of Florida is agreed to and shall be submitted
to the electors of this state for ratification or rejection
at the general election to be held in November, 1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legis-

19

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 6, 1962

lature of the state of Florida shall consist of a senate
and a house of representatives. Members of the senate
shall be elected for a term of four (4) years and members
of the house shall be elected for a term of two (2) years.
The term of members of the legislature shall expire on
the first Tuesday after the first Monday in November in
each regular election year. Members of the senate and
house of representatives shall be elected as provided by
law. Any new county that may be created shall be en-
titled to one (1) member in the house of representatives
in excess of any limit prescribed in the following sections
of this article until the next reapportionment and the
county shall be assigned when created to a senatorial
district as determined by the legislature.
Section 2. Representation in the house of representa-
tives.-Representation in the house of representatives of
the Florida legislature shall be apportioned among the
several counties of the state as follows: Each county
shall be entitled to at least one representative. Each
county with at least one-half of a representative ratio
and less than 1.5 ratios shall be entitled to two repre-
sentatives; each county with at least 1.5 ratios and less
than 3.5 ratios shall be entitled to three representatives;
each county with at least 3.5 ratios and less than 6.5
ratios shall be entitled to four representatives; each
county with at least 6.5 ratios and less than 10.5 ratios
shall be entitled to five representatives; each county with
at least 10.5 ratios and less than 16.5 ratios shall be en-
titled to six representatives; each county with at least
16.5 ratios and less than 21.5 ratios shall be entitled to
seven representatives; each county with 21.5 ratios or
more shall be entitled to eight representatives. The rep-
resentative ratio shall be the quotient obtained by divid-
ing the population of the state, according to the latest
federal census, by the number of counties.
Section 3. Representation in the senate.-The senate
of the Florida legislature shall be composed of one (1)
senator from each of the several counties of the state.
Section 4. State census.-The last preceding decennial
federal census shall also be the state census and shall
control in all population acts and constitutional appor-
tionments, unless otherwise ordered by the legislature.
-was read the first time in full and referred to the
Select Committee on Apportionment.
By Mr. O'Neill of Marion-
H. J. R. No. 25-X-A Joint Resolution proposing an
amendment to Article VII of the Constitution of the State
of Florida, providing for apportionment of the Florida
Legislature; providing for a state census.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Article VII of the
Constitution of Florida is agreed to and shall be sub-
mitted to the electors of this state for ratification or
rejection at the general election to be held in November,
1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legisla-
ture of the state of Florida shall consist of a senate and
a house of representatives. Members of the senate shall
be elected for a term of four (4) years and members of
the house shall be elected for a term of two (2) years.
The -term of members of the legislature shall expire on
the first Tuesday after the first Monday in November in
each regular election year. Members of the senate and
house of representatives shall be elected as provided by
law. Any new county that may be created shall be en-
titled to one (1) member in the house of representatives

in excess of any limit prescribed in the following sec-
tions of this article until the next reapportionment and
the county shall be assigned when created to a senatorial
district as determined by the legislature.
Section 2. Representation in the house of representa-
tives.-Representation in the house of representatives of
the Florida legislature shall be apportioned among the
several counties of the state as follows: Each county
shall be entitled to one representative and to one addi-
tional representative for each representative ratio or ma-
jor fraction thereof. The representative ratio shall be the
quotient obtained by dividing the population of the state
according to the latest federal census by the number
of counties.
Section 3. Representation in the senate.-The senate
of the Florida legislature shall be composed of one (1)
senator from each of the several counties of the state.
Section 4. State census.-The last preceding decennial
federal census shall also be the state census and shall
control in all population acts and constitutional appor-
tionments, unless otherwise ordered by the legislature.
-was read the first time in full and referred to the
Select Committee on Apportionment.
By Mr. Mathews of Duval-
H. J. R. No. 26-X-A Joint Resolution proposing an
amendment to Article VII of the Constitution of the
State of Florida; providing for apportionment of the
Florida Legislature; providing for a state census.
Be It Resolved by the Legislature of the State of Florida:
That the following amendment of Article VII of the
constitution of Florida is agreed to and shall be sub-
mitted to the electors of this state for ratification or
rejection at the general election to be held in November
1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legisla-
ture of the state of Florida shall consist of a senate and
a house of representatives. Members of the senate shall
be elected for a term of four (4) years and members of
the house shall be elected for a term of two (2) years.
The term of members of the legislature shall expire on
the first Tuesday after the first Monday in November in
each regular election year. Members of the senate and
house of representatives shall be elected as provided by
law. Any new county that may be created shall be entitled
to one (1) member in the house of representatives in ex-
cess of any limit prescribed in the following sections of
this article until the next reapportionment and the county
shall be assigned when created to a senatorial district as
determined by the legislature.
Section 2. Senate.-The representation in the senate of
the Florida legislature shall consist of not more than
fifty (50) members, each representing a district. The legis-
lature elected at the 1962 general election shall apportion
the senate so as to assure equal protection of the law for
all of the senators of Florida in a manner that is not
invidiously discriminatory.
Section 3. House of Representatives.-The representa-
tion in the house of representatives of the Florida legis-
lature shall consist of not more than one hundred and
fifty (150) members apportioned among the several coun-
ties of the state in such a manner as to assure equal
protection of the law for all citizens, and so as not to
be invidiously discriminatory; provided that each county
shall have at least one representative.
Section 4. Procedure.-The 1963 legislature shall be
composed of the legislators elected pursuant to the Con-

20

AUGUST 6, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

stitution of 1885 as amended and of the additional legis-
lators as provided for herein. If this Article is ratified,
the legislature shall be apportioned according to legisla-
tion passed at the 1962 extraordinary session called for
that purpose. Nothing in this amendment shall prohibit
any representative elected in the 1962 general election
pursuant to the Constitution of 1885 as amended from
serving in such office for which he was elected, and the
additional legislative offices created herein shall be filled
by and at a special election to be held in the affected
counties or districts as provided by law.
Those senators elected in the 1962 general election pur-
suant to the Constitution of 1885 as amended shall serve
in the office for which they were elected, and those sena-
tors elected in the 1960 general election shall also serve
out the term for which they were elected. The senators
elected from the new even-numbered districts shall be
elected for a term of four (4) years, and the new senators
elected from the odd-numbered districts shall be elected
for a term of two (2) years. Thereafter all senators shall
be elected for four (4) year terms.
The legislature shall reapportion its representation in
accordance with this Article at the 1971 regular session
of the legislature and every ten (10) years thereafter
based upon the preceding latest federal decennial census.
In the event the legislature shall fail to reapportion
the representation as required by this Article, the gover-
nor shall call the legislature together in extraordinary
session to consider the question of reapportionment, and
such extraordinary session shall mandatorily be required
to reapportion its membership before adjournment, and
such extraordinary session so called shall not expire until
reapportionment is effected and shall consider no busi-
ness other than reapportionment.
Section 5. State census.-The legislature shall no longer
be required to provide for an enumeration of the inhabi-
tants of the state. The last preceding decennial federal
census beginning with the federal census of 1950 shall
also be the state census and shall control in all popula-
tion acts and constitutional apportionments, unless other-
wise ordered by the legislature.
-was read the first time in full and referred to the
Select Committee on Apportionment.
By Messrs. Nelson and Erickson of Sarasota and Ducker
of Orange-
H. M. No. 27-X-A memorial to the Congress of the
United States and to the legislatures of the several states
to make formal application to the Congress of the United
States to call a convention for the purpose of passing
amendments to the constitution of the United States.
WHEREAS, the document which created the United
States, the Declaration of Independence, stated, "That
these United Colonies are, and of right ought to be, free
and independent States", and
WHEREAS, Supreme Court of the United States and
all Federal Courts are creatures of the several states, in
that, when the Constitution of the United States was
drawn, it was not made effective until ratified by nine of
the original thirteen states, and
WHEREAS, in the first session of the Congress of the
United States, after the ratification of the Constitution,
twelve amendments to the Constitution were passed and

21

the last ten of these were ratified by the Legislature of
three-fourths of the states then existing, and
WHEREAS, the tenth amendment to the Constitution
of the United States establishes the principle that the
government of the United States is one of delegated and
limited powers and that those powers not confided to it
by the Constitution nor prohibited thereby to the states
are reserved to the states respectively or to the people,
and
WHEREAS, in recent years the courts of the govern-
ment of the United States, in. total. disregard of the pro-
visions of the tenth amendment, have, by judicial fiat,
created laws which trespass on the powers of the several
states, and
WHEREAS, the courts of the United States are now
dictating to the people of our states the form of the state
government in total disregard to the duly elected repre-
sentatives of the people in these Legislatures, and
WHEREAS, there is an urgent need for a constitutional
amendment to curb the usurpation of power by the Fed-
eral Courts and the destruction of the framework of our
government, NOW, THEREFORE,
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That formal application to the Congress of the United
States is hereby made by the Legislature of the State of
Florida under Article V of the Constitution of the United
States for a convention for passing amendments to said
Constitution to be called by the Congress on the appli-
cation of the Legislatures of two-thirds of the several
states, and
BE IT FURTHER RESOLVED that copies of this me-
morial be dispatched to the President of the United
States; to the President of the United States Senate; to
the Speaker of the United States House of Representa-
tives; to the Governor of each of the several states; to
the Secretary of State of each of the several states.
-was read the first time in full and referred to the
Select Committee on Judiciary.

INTRODUCTION OF GUESTS
Mr. Fuqua moved that a committee be appointed to
escort Miss Anna Geirsdottir, Miss Iceland and second
place winner in the Miss Universe contest, to the rostrum.
The motion was agreed to.
Thereupon, the Speaker appointed Messrs. Fuqua,
Cleveland and Mathews of Duval as the committee which
escorted Miss Geirsdottir to the rostrum where she was
presented and briefly addressed the House.
Mr. Mathews of Duval introduced Mrs. Phyllis Pollak
of Miami, Delegate to the Democratic National Conven-
tion, her daughter, Miss Gail Pollak, and Mrs. Hornbein
of Tallahassee.
Mr. Mathews of Duval moved that the House now ad-
journ to reconvene at 11:00 A.M. tomorrow.
The motion was agreed to.
Thereupon, at the hour of 11:18 A.M., the House stood
adjourned until 11:00 A.M. tomorrow.

22

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 6, 1962
1962 SPECIAL SESSION
REGISTRATIONS UNDER HOUSE RULE THIRTEEN

FROM AUGUST 1 THROUGH 5:00 P.M., AUGUST 3

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

Brewer, A. Max
Titusville...................... Office of the Governor........... Session............. Legislation pertaining to the Governor's Office
Woodruff, George F., George F. Woodruff and Associates
8119 Country Club Rd., N. 8119 Country Club Rd., N.
St. Petersburg.................. St. Petersburg.................. Session............. Reapportionment

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Tuesday, August 7, 1962

The House was called to order by the Speaker at
11:00 A.M.

The roll was taken and the following
recorded present:

Fagan
Frederick
Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hill
Hollahan
Holley
Home
Hosford
Inman
Johnson
Jones
Karl
Knowles
Lancaster
Land
Liles
Livingston
Loeffler
Mann
Markham
Marshburn

Mathews, J.
Matthews, C.
Mattox
McAlpin
McClain
McDonald
Miner
Mitchell
Nash
Nelson
Nichols
O'Neill
Papy
Peavy
Peeples
Pruitt
Reedy
Roberts, C. A.
Roberts, E. S.
Rowell
Russ
Russell
Ryan

Members were

Saunders, J. A.
Saunders, S. D.
Scott. B. J.
Scott, W. R.
Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stallings
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Wadsworth
Walker
Westberry
Whitaker
Williams, J. J.
Williams, R.
Wise

Excused: Messrs. Eldredge, Usina, and Vocelle.
A quorum present.
The following prayer was offered by the Reverend
Melton Ware, Chaplain:
Eternal God, our gracious Father in Heaven, teach us
to ask of Thee rightly and to use Thy Name worthily.
Grant that we may be discerning enough not to invoke
Thy divine blessing upon that which would be unworthy
or cheap or little. Teach us to think Thy thoughts and
enable us to be an expression of Thy concern for all
mankind.
We have come to this hour, 0 God, with the marks of
the world's tension upon us. Selfish concern, the stress
of human relations, the burden of difficult and important
decisions have weighed upon us. Grant us Thy peace that
we may speak wisely and act maturely as we participate
in the business of this day. Grant, O Lord, that all who
confess Thy Holy Name may abide in unity and Godly
Love, through Jesus Christ our Lord. Amen.
CORRECTION OF THE JOURNAL
The Journal for Monday, August 6, was ordered cor-
rected, and as corrected was approved.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS, AND MEMORIALS.
By Mr. Hollahan of Dade-
H. B. No. 28-X- A bill to be entitled An Act
providing for the apportionment of the Florida Legisla-
ture.
The bill was read the first time by title and referred to
the Select Committee on Apportionment.
23

Mr. Speaker
Allsworth
Anderson
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Chiles
Cleveland
Costin
Craig
Crews
Daniel
Ducker
Erickson

By Mr. Hollahan of Dade-
H. B. No. 29-X- A bill to be entitled An Act
providing for the apportionment of the Florida Legisla-
ture.
The bill was read the first time by title and referred to
the Select Committee on Apportionment.
By Messrs. Mathews and Westberry of Duval, Chiles
and Mattox of Polk, O'Neill of Marion, Bedenbaugh of
Columbia and Smith of St. Lucie-
H. J. R. No. 30-X-A Joint Resolution proposing an
amendment to Article VII of the Constitution of the State
of Florida; providing for apportionment of the Florida
Legislature; providing for a state census.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Article VII of the
constitution of Florida is agreed to and shall be submitted
to the electors of this state for ratification or rejection at
the general election to be held in November 1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the Legislature.-The Legis-
lature of Florida shall consist of a Senate and a House of
Representatives. Members of the Senate shall be elected
for a term of four (4) years and members of the House of
Representatives shall be elected for a term of two (2)
years. The term of members of the Legislature shall expire
on the first Tuesday after the first Monday in November
of each regular election year. Members of the Senate and
of the House of Representatives shall be elected as pro-
vided by law. Any new county that may be created shall
be entitled to one (1) member of the House of Representa-
tives in excess of any limit prescribed in the following
sections of this article until the next reapportionment and
the county shall be assigned when created to a senatorial
district as determined by the Legislature.
Section 2. Senate.-The Legislature shall divide the
state into geographic areas to be known as senatorial dis-
tricts. The number of senatorial districts shall at all times
be equal to the number of congressional districts within
the state but the boundaries of the senatorial districts
may be different from the boundaries of the congres-
sional districts. The senate shall consist of three (3) mem-
bers from each such senatorial district and in addition
each municipality having a total population of fifty thou-
sand (50,000) according to the latest federal decennial
census shall have one (1) senator. The senatorial districts
shall be created so as to achieve equitable representation
among them and so that they are as nearly equal in popu-
lation as is practicable.
Where the population warrants it, any county may be
divided in creating a senatorial district. There shall be no
maximum limit to the number of counties that may be
joined together to form a senatorial district.
Upon the adoption of this amendment by the electors of
the state, the terms of all senators presently serving in
the Florida Legislature shall terminate. Thereupon, the
governor shall call a special election in the manner pro-
vided by law to elect the new Senate as described herein.

24 JOURNAL OF THE HOU

At said special election the senators representing the even
numbered districts shall be elected for four (4) year
terms and the senators representing the odd numbered
districts shall be elected for a term of two (2) years.
Thereafter, all senators shall be elected for terms of four
(4) years.
Section 3. House of Representatives.-Each of the.sev-
eral counties shall have one (1) representative for each
one per cent (1%) or major fraction of one per cent (1%)
of the total state population within the boundaries of said
county; provided, that each county shall have at least one
(1) representative.
The 1963 House of Representatives shall be composed
of the representatives elected pursuant to the constitu-
tion of 1885 as amended and of the additional representa-
tives as provided for herein.
Section 4. Legislative apportionment.-If this article is
ratified at the general election in November, 1962, the
Legislature shall be apportioned according to an appor-
tionment bill passed at the extraordinary session convened
in August, 1962, provided nothing in this amendment
shall prohibit any representative elected in the 1962 gen-
eral election pursuant to the constitution of 1885 as
amended from serving in said office for the term for which
he was elected and the additional legislative offices herein
created shall be filled by and at a special election to be
held in the affected counties or districts, as provided by
law, such elections to be held within one hundred twenty
(120) days after the effective date hereof.
The Legislature shall reapportion its representation in
accordance with this article in each general legislative ses-
sion following the federal decennial census. Such reappor-
tionment shall be based upon the preceding latest federal
decennial census.
In the event the Legislature shall fail to reapportion
the representation as required by this article, the governor
shall, within thirty (30) days after the adjournment of any
regular session, call the Legislature together in extra-
ordinary session to consider the question of reapportion-
ment, and such extraordinary session shall mandatorily
be required to reapportion its membership before ad-
journment, and such extraordinary session so called shall
not expire until reapportionment is effected and shall con-
sider no business other than reapportionment.
Section 5. State census.-The Legislature shall no long-
er be required to provide for an enumeration of the in-
habitants of the state. The last preceding decennial feder-
al census beginning with the federal census of 1950 shall
also be the state census and shall control in all population
acts and constitutional apportionments, unless otherwise
ordered by the Legislature.
-was read the first time in full and referred to the
Select Committee on Apportionment.
By Mr. Matthews of Dade-
H. B. No. 31-X- A bill to be entitled An Act
relating to reapportionment of the Senate and House of
Representatives; amending Section 10.01, Florida Stat-
utes; providing for twelve (12) senatorial districts; pro-
viding one (1) senator each for certain municipalities;
amending Section 10.02, Florida Statutes; amending Sec-
tion 10.03, Florida Statutes, apportioning House of Rep-
resentatives; providing for an election; providing for
filling vacancies; providing an effective date.
The bill was read the first time by title and referred to
the Select Committee on Apportionment.
By Messrs. Whitaker of Hillsborough, O'Neill of Marion,
and Daniel of Lake.
H. C. R. No. 32-X-A concurrent resolution that the

J

SE OF REPRESENTATIVES AUGUST 7, 1962

Secretary of State associate special counsel to assist in
appropriate appellate proceedings to the United States
Supreme Court; and setting aside for this purpose from
legislative appropriation the sum of $50,000.00.
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA, THE SENATE
_CONCURRING:
WHEREAS, since the Interlocutory Order and Judg-
ment entered on July 23, 1962, by the District Court of the
United States for the Southern District of Florida in the
case of Peter B. Sobel v. Tom Adams, Secretary of State,
is not an Interlocutory Injuncton as contemplated by Title
28, U. S. Code, Section 1253, there does not appear to lie
an appeal to the United States Supreme court from such
order and judgment at this time, and
WHEREAS, if at the time of the entry by the District
Court of an Interlocutory or Permanent Injunction or
other appealable order or judgment, no act or resolution
relating to apportionment has passed the legislature, or if
the legislature has reapportioned itself by statutory pro-
vision and such provision is unacceptable to the District
Court, or if the legislature has reapportioned itself by con-
stitutional amendment and implementing statute and such
reapportionment is unacceptable to the District Court, or
if said District Court by Judicial Decree attempts to ap-
portion the legislature, appeal shall be taken to the United
States Supreme Court in accordance with law for a deter-
mination of the constitutional and statutory questions in-
volved; provided that should statutory reapportionment be
acceptable to the District Court, appeal be taken to the
United States Supreme Court in accordance with law to re-
solve the question of the invalidity of the Florida Constitu-
tional provisions relating to apportionment, NOW,
THEREFORE,
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the Secretary of State, as the officer designated by
law for the technical service of process, associate special
counsel to assist his staff and the staff of the chief state
legal officer in the conduct of appropriate appellate pro-
ceedings to the United States Supreme Court and for this
purpose there is hereby set aside from funds appropriated
for legislative expense the sum of $50,000.00
-was read the first time in full and referred to the
Select Committee on Judiciary.
By Mr. Stallings of Duval-
H. J. R. No. 33-X-A Joint Resolution containing a legis-
lative finding of fact and proposing an amendment to
Article VII of the Constitution of the State of Florida
relating to census and apportionment.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. The Legislature of the State of Florida hereby
finds it to be a fact (a) that the Constitution of the United
States, under Article IV, Section 4, guarantees to each
State a Republican form of government, (b) that prior
to the decision of Baker vs Carr rendered by the Su-
preme Court of the United States on March 26, 1962, there
was a uniform course of decision established by a dozen
decisions, including one by which the very claim sustained
in Baker vs Carr was unanimously rejected by said Su-
preme Court only five years previous thereto, (c) that
the said uniform course of decision held that apportion-
ment cases were "political questions" which were governed
by the "Guaranty Clause" of Article IV of the Federal
Constitution and not the "Equal Protection Clause" of the
Fourteenth Amendment and that said cases were not
justiciable issues coming under the jurisdiction of Federal

AUGUST 7, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Courts, (d) that said uniform course of decision, by virtue
of the venerable doctrine of "stare decisis", became the
true interpretation of Article IV, Section 4 of the United
States Constitution, which is the supreme law of the land
regarding the matter of apportionment of state legisla-
tures, (e) that the decision in Baker vs Carr is a massive
repudiation of the experience of our whole past and as-
serts a destructively novel judicial power, (f) that the
apparent purpose of the Baker vs Carr decision was to
force state legislative action contrary to constitutional
guarantees and amounts to nothing less than blackjacking
state legislatures into reapportioning, and (g) that the
Florida Legislature refuses to be coerced by judicial
oligarchy or otherwise and hence hereby chooses to reap-
portion on its own will and volition completely apart from
the decree of any federal court of any nature whatsoever.
Section 2. That Article VII of the Constitution of the
State of Florida be amended as set forth below and this
resolution shall be submitted to the electors of the State of
Florida for ratification or rejection at the General Election
to be held in November, 1962:

ARTICLE VII
CENSUS AND APPORTIONMENT
SECTION 1. Composition of the Legislature.-The Leg-
islature of the State of Florida shall be composed of a
Senate and a House of Representatives elected as provided
by the Constitution and laws of the State of Florida.
SECTION 2. The Senate.-The Senate of the State of
Florida shall be composed of one senator from each coun-
ty, chosen by the electors thereof, for four years; each
senator shall have one vote. A senator shall be elected from
the counties of Escambia, Jackson, Gadsden, Leon, Madi-
son, St. Lucie, Columbia, Nassau, Duval, Marion, Jeffer-
son, Lee, Putnam, Volusia, Broward, Alachua, Hillsbor-
ough, Manatee, Sumter, Okaloosa, Flagler, Martin,
Washington, Seminole, Collier, Taylor, Clay, Highlands,
Monroe, Union, Sarasota, Indian River, and Charlotte in
the year 1964 and each fourth year thereafter; a senator
shall be elected from the counties of Santa Rosa, Walton,
Wakulla, Polk, Hernando, Pinellas, Dade, Bradford, Su-
wannee, Orange, Levy, Lake, Bay, Hardee, Baker, St. Johns,
Osceola, Palm Beach, Brevard, Holmes, Dixie, Glades, Cal-
houn, Citrus, Hendry, Gulf, Liberty, Franklin, Pasco, De-
Soto, Okeechobee, Hamilton, Lafayette, and Gilchrist in
the year 1966 and each fourth year thereafter, as now or
hereafter provided by law.
This amendment shall not be so construed as to affect
the election or term of any senator chosen before it be-
comes valid as a part of the Constitution. Senators elected
in 1960 and those nominated in the 1962 primaries shall
represent the county in which they reside and their certi-
ficates of nominations in the primaries of 1962 are hereby
confirmed and ratified and the names of the nominees shall
be placed on the ballot in the general election of November
1962. Additional senators shall be elected from the coun-
ties where there are vacancies by means of special pri-
mary elections called according to law as soon as practi-
cable after this amendment becomes valid and a part of
the constitution.
SECTION 3. House of Representatives.-The House of
Representatives shall be apportioned among the several
counties according to their respective numbers, counting
the whole number of the persons in each county and each
county shall elect one representative for each 50,000 of its
population or major fraction thereof, provided however,
that no county shall have less than one representative
and the total membership of the House of Representatives
shall not exceed 150 who shall be elected for a term of two
years as now or hereafter provided by law.
As soon as this amendment is ratified and as soon as

25

the Federal Census of 1970 and each tenth year thereafter
is completed and the official population of each county
of the State of Florida is officially confirmed, the Secre-
tary of State of the State of Florida shall certify to the
Governor of the State of Florida, a statement showing the
number of representatives to which each county will be en-
titled under the reapportionment provisions as herein
prescribed. If the Governor finds the same to be correct,
he shall approve such reapportionment and the same shall
become effective at the next succeeding regular election or
special election to fill vacancies. In the event the popula-
tion of the State of Florida should increase sufficiently to
require more than 150 members under the 50,000 popula-
tion formula herein provided, then, in that event the
Secretary of State shall increase the population per repre-
sentative sufficiently above 50,000 to keep the total mem-
bers of the House of Representatives within the total of
150 as herein specified.
This amendment shall not be so construed as to affect
the election or term of an representative chosen before it
becomes valid as a part of the Constitution; representa-
tives nominated in the 1962 primaries and their certificates
of nominations therein are hereby confirmed and ratified
and the names of the nominees shall be placed on the
ballot in the general election of November, 1962. Any ad-
ditional representatives to which any county is entitled
under this amendment shall be elected in special primary
elections called according to law as soon as practicable
after this amendment becomes valid and a part of the
Constitution.
SECTION 4. State Census.-The Legislature shall no
longer be required to provide for an enumeration of the
inhabitants of the State. The last preceding decennial
Federal census beginning with the Federal census of 1950
shall also be the State census and shall control in all popu-
lation acts and constitutional apportionments, unless
otherwise ordered by the Legislature.
-was read the first time in full and referred to the
Select Committee on Apportionment.
By Mr. Whitaker of Hillsborough-
H. B. No. 34-X- A bill to be entitled An Act
providing for the apportionment of the membership of
the senate of the legislature of the state of Florida.
The bill was read the first time by title and referred
to the Select Committee on Apportionment.
By Mr. Mann of Hillsborough-
H. B. No. 35-X- A bill to be entitled An Act
providing a method for the decennial apportionment of
the membership of the House of Representatives of the
State of Florida.
The bill was read the first time by title and referred to
the Select Committee on Apportionment.
By Mr. Mann of Hillsborough-
H. B. No. 36-X- A bill to be entitled An Act
providing for the apportionment of the membership of
the House of Representatives of the State of Florida.
The bill was read the first time by title and referred to
the Select Committee on Apportionment.
By Mr. Mann of Hillsborough
H. B. No. 37-X- A bill to be entitled An Act
providing for the apportionment of the membership of
the Senate of the State of Florida and providing a method
for decennial apportionment thereof.
The bill was read the first time by title and referred to
the Select Committee on Apportionment.

26 JOURNAL OF THE HOU

By Messrs. Fuqua of Calhoun, Williams and Sims of
Jackson and Carter of Washington.
H. R. No. 38-X-A Resolution commending the 144th
transportation company and the unit commander Captain
Rex T. Yates on the excellent record which this company
has made in the services of the United States.
WHEREAS, the 144th transportation company, a unit
of the Florida National Guard, was called back into active
duty in the services of this country on the 15th of October,
1961, and
WHEREAS, the men of this company, under their unit
commander Captain Rex T. Yates, made an outstanding
record at Fort Bragg, North Carolina, during the period
of their active enlistment, and
WHEREAS, this company will be released from active
duty on the 8th day of August, 1962, to return to their
homes, NOW, THEREFORE,
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA:
Section 1. That the members of the house of represen-
tatives do commend the men of the 144th transportation
company for their participation in the armed services, and
attitude and excellent record made.
Section 2. That we do also commend the unit com-
mander, Captain Rex T. Yates, for his outstanding leader-
ship. That we do welcome back to the state of Florida the
men of this company who will, this week, return to their
families and their businesses in our state. That this legis-
lature, through this means, expresses its thanks to the
Commander of this company and the men of the 144th
transportation company for the sacrifices they have made
in behalf of keeping strong the armed forces of America.
That the clerk of the house of representatives is hereby
directed to send a copy of this resolution to Captain Rex
T. Yates and the 144th transportation company.
-was read the first time by title.
Mr. Fuqua moved that House Resolution No. 38-X be
read the second time in full.
The motion was agreed to, and House Resolution No.
38-X was read the second time in full.
Mr. Fuqua moved the adoption of the resolution.
The motion was agreed to, and House Resolution No.
38-X was adopted.
REPORT OF SELECT COMMITTEES
Mr. Mitchell of Leon, Chairman of the Select Committee
on Judiciary, read the following report of a sub-committee
and stated that it was unanimously adopted by the
membership of the full committee:
REPORT OF SUB-COMMITTEE
OF SELECT JUDICIARY COMMITTEE
This sub-committee was appointed by the Select Judici-
ary Committee to determine the status of the Special
Session of this Legislature called by Governor Bryant to
convene on August 1, 1962.
The sub-committee makes the following observations:
1. In the opinion of the sub-committee, the Decree of the
Federal Court entered on July 23, 1962, in the combined
cases of Sobel and Swann vs. Adams did not in any way
alter the legal basis of the authority of this Legislature to
perform under the call of the Governor. In other words,
this Special Session of the Legislature has all of the pow-
ers, authority, duties and constitutional limitations that
it would have had no Interlocutory Decree been entered

I!

SE OF REPRESENTATIVES AUGUST 7, 1962

by the Court prior to the time of the convening of the
session.
2. This Legislature at the present time is considering
the questions of apportionment and re-apportionment
for the nomination and election of the Senate and the
House of Representatives for the 1963 Legislature or any
Legislature subsequent to November 6, 1962, and is pres-
ently subject to the requirements of Article VII of the
Constitution of 1885 as amended.
3. Even if the expressed intention of the Federal Court
as stated in its Interlocutory Judgment and accompanying
Opinion is put into the form of a Final Decree prior to No-
vember 6, 1962, invalidating the Constitution and statu-
tory provisions of Florida relating to the apportionment
and re-apportionment for the nomination of the Senate
and the House of Representatives of the Florida Legisla-
ture, the present Legislature will continue to be a valid
de juris Legislature since the provisions of the Florida
Constitution and Statutes prospectively invalidated by the
Court have no operative effect prior to November 6, 1962.
Just what will happen with reference to the general
election presently scheduled for November 6, 1962 must
necessarily depend on the terms of any Final Decree
and/or further Decree of the three man Federal Court in
the Florida case which may be entered prior to November
6, 1962. It is noted that the Interlocutory Decree of the
Florida Court uses very similar language to that found in
the Interlocutory Decree in the Oklahoma case of Moss vs.
Burkhart, et al. In the Oklahoma Interlocutory Decree, the
Court specifically spelled out that the words prospectively
null, void and inoperative had application only to future
elections.
In the Final Decree entered in the Oklahoma case on
Friday, August 3, 1962, the Court went even further in a
two to one decision and held that the words prospectively
null, void and inoperative did not apply to the general
election scheduled to be held in November, but only to
elections subsequent thereto on the theory that the Okla-
homa elections began at the time the candidates seeking
office qualified and hence the provisions governing the
same were presently operative at the time the Court en-
tered its Interlocutory Decree.
That means that if the Florida Court follows the reason-
ing of the Oklahoma Court, a legislature could be elected
in November pursuant to the Constitution of 1885 as
amended, which was currently operative and applicable
at the time the Interlocutory Decree was entered. This, of
course, would be subject to the further limitation found
in the Florida Interlocutory Decree that indicates some-
thing must be done prior to the convening of the 1963
Legislature in April of 1963. It must necessarily con-
template, therefore, that either the Special Session or a
similar one prior to November 6, 1962, will effectuate a
re-apportionment formula that is acceptable to the Court
or that the newly elected Legislature between November 7,
1962, and April, 1963 must be convened to effectuate a
solution. We must emphasize that at the present time no
one can tell with any decree of certainty what factors
will influence the Court in Florida in framing the ter-
minology of any future Decree.
4. If, during the existence of this Legislature, the Con-
stitutional and Statutory provisions with reference to ap-
portionment and re-apportionment for the nomination and
election of the members of the Senate and House of Repre-
sentatives are prospectively invalidated by a Final Decree
of the Federal Court from the date of that Final Decree
until the expiration of the terms of the members of the
present Legislature, there would be no constitutional lim-
itation or direction concerning apportionment and re-
apportionment to guide the present Legislature in deter-
mining the apportionment and procedures for the nomina-
tion and election for the members of the House of Repre-

JOURNAL OF THE HO

sentatives and Senate subsequent to November 6, 1962.
Inasmuch as all of the legislative authority of the State
of Florida is vested in the present Senate and House of
Representatives by Article III, Section 1 of the Constitu-
tion of 1885 and the Federal Court has not prospectively
or otherwise invalidated any portion of Article III of the
Florida Constitution, it would appear that the Legisla-
ture, in its own discretion, could determine the manner
and the procedures to follow to provide for the apportion-
ment for the nomination and election of the Senate and
House of Representatives. This would appear to be
buttressed by Article III, Section 6, which allows each
House of the Legislature to judge of the "qualifications,
elections, and returns of its own members", and also from
the inherent nature of the Florida Constitution as a limi-
tation on the authority of the Legislature as representa-
tives of the people rather than a grant of power.
This means that until the Court has entered a Final
Decree which actually does something to the provisions of
our constitution that we are in a different position than
we will be after the entry of said Final Decree.
5. The suggestion that has been made that a simple
Statute passed by a majority vote prior to August 13, 1962,
could effectively provide for the apportionment, nomina-
tion and election of members of the next Legislature would
ignore the presently operative provisions of Article VII
of the Constitution of 1885 as amended if it varies from
the formula and limitations of Article VII of the Consti-
tution of 1885 as amended. This suggestion, however, would
appear to have validity after the Court enters a further
Decree prior to November 6, 1962, striking down the
provisions of Article VII.
6. The Federal Court has not yet declared Statute or
Constitution of Florida invalid. The Federal Court has
not directed the Legislature of Florida to re-apportion it-
self, but has suggested that it is better for us to do it
than them.
Under the provisions of Article 17, Section 1, constitu-
tional amendment adopted by a 3/5 vote of each House
of the Legislature would have to be passed and first notice
published in a newspaper in each county in the State on or
before September 24, 1962. So there is adequate time for
this Special Session to follow this procedure.
An alternative procedure of amending the Constitution
at a special election whenever the Legislature determines
that an emergency exists is found in Article 17, Section
3. This requires notice of 90 days before submission to the
people, but would allow a special election at a time other
than November 6th.
7. It is the present thinking of this committee that the
procedure could be devised if the Legislature so desires to
submit alternative constitutional amendments to the peo-
ple at the November 6th general election.
8. As of the present time, the United States Supreme
Court has not declared invalid any proposed plan of ap-
portionment or re-apportionment of any of the 50 states
of the Union. The Supreme Court in the case of Baker v.
Carr, March 26, 1962, did rule that Federal Courts have
jurisdiction to determine whether a particular plan of ap-
portionment in a state legislature deprives a citizen of
that state of the equal protection of the law. Since that
time, various special statutory Federal Courts consisting
of one Judge of the Court of appeal and two District
Judges have invalidated existing apportionment formulas
in a number of states including Alabama, Tennessee,
Georgia and Oklahoma. No one knows for sure just what
standards the United States Supreme Court will use in
passing on any particular apportionment plan in an ap-
peal from one of the decisions of the Statutory Courts.
The standard used by these lower Courts has been that

AUGUST 7, 1962

'USE OF REPRESENTATIVES 27

the plan must not be invidiously discriminatory to any citi-
zen or group of citizens.
9. So far as this committee knows, no Federal Court has
yet declared invalid the apportionment formula in any
state which followed or did not violate that state's own
constitutional requirements. Although the Courts have, in
their opinions, stated that the plans they struck down
violated both the particular state's constitution and the
equal protection clause of the 14th Amendment of the
United States Constitution, it is of some significance that
the Courts have taken pains to point out at length that
the statutory formulas of the particular states completely
ignored the state's own constitution.
We think it generally obvious that the Florida Constitu-
tion has not been followed with reference to re-apportion-
ment of the Senate and also clear that it has followed
the automatic re-apportionment formula for the House
of Representatives.
The Governor, in his address to the joint Session on
August 1st, questioned the right of the Federal Courts to
rule with reference to apportionment in state Legislatures,
but conceded their power to do so, decided 100 years ago.
Under our traditional concepts of the separation of the
powers of government into three branches and under the
10th amendment to the Constitution of the United States
most of us have thought that the Federal Court had neither
the right nor the power to intervene in what was strictly
a state matter. The Committee, however, is aware of the
opinions of the United States Supreme Court in the early
19th Century and particularly the opinions of Chief Justice
Marshall in which the conflict of power between state and
any branch of the Federal Government was raised. In-
variably, the decisions were in favor of supreme Federal
authority.
10. The committee wants to make it perfectly plain that
despite legal technicality or difference of opinion that may
develop on interpretation of the Court's decree, the com-
mittee is unanimously of the opinion that any plan of
re-apportionment passed by the Legislature should be sub-
mitted to the people of Florida for ratification before be-
coming effective.
Not the least of the many reasons that support this view
is the fact that anything not properly put into the Consti-
tution after ratification by the people would be subject
to change at the next and every future meeting of the
Legislature by simple statutory enactment.
11. The committee wishes to thank the Honorable James
J. Richardson, Committee Counsel, for his splendid assist-
ance and aid to the committee, and also to the Committee
Secretary, Mrs. Bobbie Keel.
Dated this 6th day of August, A. D. 1962.
John E. Mathews, Jr., Mack N. Cleveland, Jr., Osee
R. Fagan.
Mr. Miner moved that the rules be waived and the House
revert to the order of Introduction and Reference of House
Bills, Joint Resolutions, House Resolutions, Concurrent
Resolutions and Memorials.
The motion was agreed to by a two-thirds vote, and it
was so ordered.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS, AND MEMORIALS.
By Mr. Miner of Hendry-
H. J. R. No. 39X- A Joint Resolution proposing
the repeal of Section 11, Article VIII of the constitution
of the state of Florida providing home rule for Dade
County.
The Speaker ruled that the introduction and considera-
tion of House Joint Resolution No. 39-X would constitute

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 7, 1962

Legislative business other than that for which the Legis-
lature was especially convened.
Mr. Miner moved that this House determine that it
shall transact the Legislative business of the introduc-
tion and consideration of House Joint Resolution No. 39-X.
The motion was not agreed to by the required Con-
stitutional two-thirds vote, and House Joint Resolution
No. 39-X was not admitted for introduction and consid-
eration by the House.
By Messrs. Stone of Escambia, Wise of Okaloosa and
McAlpin of Hamilton.
H. B. No. 40-X- A bill to be entitled An Act
providing apportionment of the House of Representatives
of the Florida Legislature into one hundred thirteen (113)
seats; providing an effective date.
The bill was read the first time by title and referred
to the Select Committee on Apportionment.
By Messrs. Stone of Escambia, Wise of Okaloosa,
Strickland of Citrus, and McAlpin of Hamilton-
H. B. No. 41-X- A bill to be entitled An Act
providing for the apportionment of the membership of
the senate of the legislature of the state of Florida ac-
cording to districts; providing effective date.
The bill was read the first time by title and referred
to the Select Committee on Apportionment.
The Speaker announced the House would stand in in-
formal recess until 12:05 P.M. today.
Thereupon, at the hour of 11:42 A.M., the House stood
in informal recess.
The House reconvened at 12:05 P.M.
THE SPEAKER IN THE CHAIR.
A quorum present.

CONSIDERATION OF MESSAGES FROM THE SENATE
The following message from the Senate was received
and read:
Tallahassee, Florida
August 7, 1962
The Honorable William V. Chappell, Jr.
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 Senators Melton, Connor, Hodges, Fraser, Johnson,
Davis, Clarke, Pearce, Roberts, Tucker, Getzen, Stratton,
Mapoles, Cross and Johns-
S. B. No. 7-X(62) A Bill to be entitled An Act
relating to the apportionment of the Florida legislature;
providing for sixty-seven (67) senators; providing for
ninety-five (95) members of the house of representatives;
providing the terms of office and manner of election
thereof; providing an effective date.
-and respectfully requests the concurrence of the
House therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Bill No. 7-X(62), contained in the above
message, was read the first time by title and referred to
the Select Committee on Apportionment.
Mr. Horne moved that the House now adjourn to re-
convene at 9:30 A.M. tomorrow.
The motion was agreed to.
Thereupon, at the hour of 12:08 P.M., the House stood
adjourned until 9:30 A.M. tomorrow.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Wednesday, August 8, 1962

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

Fagan
Frederick
Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hill
Hollahan
Holley
Home
Hosford
Inman
Johnson
Jones
Karl
Knowles
Lancaster
Land
Liles
Livingston
Loeffler
Mann
Markham
Marshburn
Mathews, J.

Matthews, C.
Mattox
McAlpin
McClain
McDonald
Miner
Mitchell
Nash
Nelson
Nichols
O'Neill
Papy
Peavy
Peeples
Pruitt
Reedy
Roberts, C. A.
Roberts, E. S.
Rowell
Russ
Russell
Ryan
Saunders, J. A.
Saunders, S. D.

Scott. B. J.
Scott, W. R.
Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stallings
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Wadsworth
Walker
Westberry
Whitaker
Williams, J. J.
Williams, R.
Wise

Excused: Mr. Vocelle

A quorum present.
The following prayer was offered by the Reverend
Melton Ware, Chaplain:
O Thou Who art the light of the world, the desire of
all nations, and the shepherd of our souls; let Thy light
shine in the darkness of our days that we Thy children
may see the glory of our God. 0 Holy Spirit of God,
abide with us; inspire all our thoughts; pervade our
imaginations; suggest all our decisions; order all our
doings. Be with us in our silence and in our speech, in
our haste and in our leisure, in company and in soli-
tude, in the freshness of the morning and in the weari-
ness of the evening; and give us the ability at all times
humbly to rejoice in Thy mysterious companionship. As
we begin the activities of this day we pray for Thy spe-
cial blessing upon our thoughts and actions. May we in
all that we do and say as persons be worthy of Thy di-
vine approval, and as legislators may we be faithful to
our high calling; to the honor and glory of Thy holy
name, AMEN.

CORRECTION OF THE JOURNAL
The Journal for Tuesday, August 7, was ordered cor-
rected as follows:
On page 24, column 2, line 7, counting from the bottom
of the page, strike out "(a)" and insert "(c)".
The Journal for Tuesday, August 7, as corrected, was
approved.
COMMUNICATIONS
The following communication was received and read
to the Membership by the Speaker:
29

Mr. Speaker
Allsworth
Anderson
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Chiles
Cleveland
Costin
Craig
Crews
Daniel
Ducker
Eldredge
Erickson

August 5, 1962
Hon. William V. Chappell, Jr.
Speaker House of Representatives
The Capitol
Dear Mr. Speaker:
The very kind and gracious action of the House of
Representatives in passing the Resolution on my 80th
birthday was deeply appreciated. Thank you all very much.
It seems but yesterday that I was a very active mem-
ber of the House, though it was more than fifty years
ago.
Cordially yours,
R. A. GRAY
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS AND MEMORIALS
By Messrs. Whitaker of Hillsborough, Daniel of Lake,
Jones of Bay and Strickland of Citrus.
H. C. R. No. 42-X-A concurrent resolution applying to
Congress to call a convention for the purpose of consider-
ing an amendment to the Constitution of the United States
relative to the jurisdiction of the United States Courts of
legislative apportionment and reapportionment cases.
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA, THE SENATE
CONCURRING:
That the Florida State Legislature does hereby make
application to the Congress of the United States to call
a convention for the proposing of the following Article
as an amendment to the Constitution of the United
States:

ARTICLE

The courts of the United States shall have no original
jurisdiction of questions relating to the apportionment or
reapportionment of state legislative bodies. This article
shall take effect on the one hundredth (100th) day after
its ratification. Apportionment or reapportionment litiga-
tion pending in the federal courts on the effective day
hereof shall be transferred to the proper state court.
BE IT FURTHER RESOLVED that the Congress of the
United States be, and it is hereby requested to provide
as the mode of ratification that said amendment shall be
valid to all intents and purposes, as part of the Constitu-
tion of the United States, when ratified by the legislatures
of three-fourths (3/4) of the several states, and
BE IT FURTHER RESOLVED that a duly attested copy
of this resolution be immediately transmitted by the Sec-
retary of State to the Secretary of the Senate of the
United States, the Clerk of the House of Representatives
of the United States, and to each member of the Congress
from this state, to the Attorney General of each of the
several states, to the Governor of each state and to each
member of the legislative body of each state.

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

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 8, 1962

By Mr. Knowles of Manatee
H. B. No. 43-X- A bill to be entitled An Act
providing for the apportionment of the membership of
the senate of the legislature of the state of Florida ac-
cording to districts.
The bill was read the first time by title and referred
to the Select Committee on Apportionment.
By Mr. Strickland of Citrus-
H. B. No. 44-X- A bill to be entitled An Act
relating to the apportionment of the Florida house of
representatives; providing for two hundred and twenty-
three (223) members of the house of representatives;
providing for the election thereof; and providing an ef-
fective date.
The bill was read the first time by title and referred
to the Select Committee on Apportionment.
By Mr. Eldredge of Dade-
H. J. R. No. 45-X-A Joint Resolution proposing an
amendment to Article XVII of the State Constitution by
adding thereto a provision calling for a constitutional
convention to revise Article VII relative to census and
apportionment of the constitution of the State of Florida
and providing for the selection of delegates thereto.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That Article XVII of the Florida constitution be
amended by the additions which are set forth below and
that this resolution be submitted to the electors of Florida
for ratification or rejection at the general election to be
held in November, 1962:
Section 4(1). There shall be held by the delegates
hereafter selected a convention at the City of Tallahassee,
in the State Capitol, beginning on the first Wednesday in
January, 1963, for the purpose of making an entire revi-
sion of Article VII of the constitution of this State,
relative to Census and Apportionment, and to provide for
the submission of the same to the electors of the State
at a special election for ratification.
Section 4(2). The delegates to said convention shall
consist of the members of the Senate and the House of
Representatives elected by the people at the general elec-
tion in November, 1962.
Section 4(3). That should any vacancy occur in said
convention it shall be the duty of the Governor to call a
special election upon at least ten (10) days notice to fill
the vacancy within the county or district affected by said
vacancy.
Section 4(4). That the Secretary of State of Florida
shall act as temporary president and call the convention
to order at 10:00 o'clock A.M. on the first Wednesday in
January, 1963, and the Clerk of the House of Representa-
tives of the State of Florida shall act as temporary clerk
and recorder of the convention and, following the seating
of delegates, the first legal order of business shall be the
election of a permanent President and a Clerk of the
convention. The convention shall proceed initially under
recognized rules of parliamentary procedure until such
time as the convention has adopted its own rules.
Section 4(5). That the convention shall complete its
work and submit its proposed constitutional revision to the
Secretary of State no later than January 25, 1963, and
that Article VII of the constitution, as revised, shall be
submitted to the electors of the State of Florida for
ratification at a special election to be held for this purpose
on the third Tuesday in February, 1963.

Section 4(6). This proposed Amendment to the Consti-
tution of the State of Florida shall be an additional
method of revising Article VII of the Constitution of the
State of Florida, and will be merely cumulative to the
existing provisions of Article XVII of the Constitution.
-was read the first time in full and referred to the
Select Committee on Apportionment.
By Mr. Thomas of Palm Beach-
H. B. No. 46-X- A bill to be entitled An Act
providing apportionment of the House of Representatives
of the Florida Legislature into one hundred fifteen (115)
seats; providing an effective date.
The bill was read the first time by title and referred
to the Select Committee on Apportionment.
By Mr. Thomas of Palm Beach-
H. B. No. 47-X- A bill to be entitled An Act
providing apportionment of the house of representatives
of the Florida Legislature into one hundred twenty-five
(125) seats; providing an effective date.
The bill was read the first time by title and referred
to the Select Committee on Apportionment.
By Mr. Daniel of Lake-
H. J. R. No. 48-X-A Joint Resolution proposing an
amendment to Article VII of the Constitution of the State
of Florida; providing for apportionment of the Florida
Legislature; providing for a State census.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Article VII of the
constitution of Florida is agreed to and shall be submitted
to the electors of this state for ratification or rejection at
the general election to be held in November 1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the Legislature.-The legis-
lature of the state of Florida shall consist of a senate
and a house of representatives. Members of the senate
shall be elected for a term of four (4) years and members
of the house shall be elected for a term of two (2) years.
The term of members of the legislature shall expire on
the first Tuesday after the first Monday in November in
each regular election year. Members of the senate and
house of representatives shall be elected as provided by
law. Any new county that may be created shall be entitled
to one (1) member in the house of representatives in
excess of any limit prescribed in the following sections
of this article until the next reapportionment and the
county shall be assigned when created to a senatorial
district as determined by the legislature.
Section 2. Representation in the senate.-Representa-
tion in the senate of the Florida legislature shall consist
of not more than 46 senatorial districts, such districts to
be as nearly equal in population as practicable but no
county shall be divided in creating a district and each
district shall have one senator. Where any senatorial dis-
trict is composed of two or more counties, the counties
of which such district consists shall not be entirely sep-
arated by any county belonging to another district.
Section 3. Representation in the house of representa-
tives.-Representation in the house of representatives of
the Florida legislature shall be apportioned among the
several counties of the state according to population based
on the latest federal decennial census as follows:

30

AUGUST 8, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Each county shall be entitled to one representative and,
in addition thereto, shall be entitled to one (1) additional
representative for each one hundred thousand (100,000)
inhabitants and one (1) additional representative for a
major fraction of 100,000 inhabitants living within the
county; Provided, that until the general election in 1972
no county shall have fewer representatives than it would
have been entitled to under the Constitution of 1885 as
amended in 1924.
Section 4. The 1963 legislature shall be composed of
the legislators elected pursuant to the constitution of 1885
as amended, and of the additional legislators as provided
for herein and as apportioned by an act of the 1962 extra-
ordinary session. The certificates of nomination of quali-
fied candidates for the legislature, nominated in the pri-
maries of 1962, are hereby confirmed and ratified and shall
be placed on the ballot in the general election of No-
vember, 1962.
The additional legislative offices herein created shall
be filled by and at a special election to be held in the
affected counties or districts as provided by law, such
elections to be held within one hundred twenty (120)
days after the effective date hereof.
The legislature shall reapportion its representation in
accordance with this article at the 1971 regular session
of the legislature and every ten (10) years thereafter based
upon the preceding latest federal decennial census.
In the event the legislature shall fail to reapportion the
representation as required by this article, the governor
shall call the legislature together in extraordinary session
to consider the question of reapportionment, and such
extraordinary session shall mandatorily be required to
reapportion its membership before adjournment, and such
extraordinary session so called shall not expire until re-
apportionment is effected and shall consider no business
other than reapportionment.
Section 5. State census.-The last preceding decennial
federal census shall also be the state census and shall
control in all population acts and constitutional appor-
tionments, unless otherwise ordered by the legislature.
-was read the first time in full and referred to the
Select Committee on Apportionment.
By Mr. Thomas of Palm Beach-
H. J. R. No. 49-X-A Joint Resolution proposing an
amendment to Article VII of the Constitution of the State
of Florida; providing for apportionment of the Florida
legislature; providing for a state census.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Article VII of the
constitution of Florida is agreed to and shall be submitted
to the electors of this state for ratification or rejection
at the general election to be held in November 1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legis-
lature of the state of Florida shall consist of a senate
and a house of representatives. Members of the senate
shall be elected for a term of four (4) years and members
of the house shall be elected for a term of two (2)
years. The term of members of the legislature shall ex-
pire on the first Tuesday after the first Monday in Novem-
ber in each regular election year. Members of the senate
and house of representatives shall be elected as provided
by law. Any new county that may be created shall be

31

entitled to one (1) member in the house of representatives
in excess of any limit prescribed in the following sections
of this article until the next reapportionment and the
county shall be assigned when created to a senatorial
district as determined by the legislature.
Section 2. Senate.-The representation in the senate
of the Florida legislature shall consist of thirty-eight (38)
members, each representing a district. Said districts
shall be as nearly compact and equal in population as
practicable.
No county shall be divided in creating a district. No
county shall be separated from the remainder of the dis-
trict of which it is part by more than a county which was
formerly a part of said district as of 1962.
Section 3. House of representatives.-Representation
in the house of representatives of the Florida legislature
shall be apportioned among the several counties of the
state according to the method of equal proportions used
in apportioning the membership of the United States house
of representatives. There shall not be less than ninety-
five (95) members in the house of representatives and
every county shall have at least one (1) representative.
Section 4. The 1963 legislature shall be composed of
the legislators elected pursuant to the constitution of
1885 as amended, and of the additional legislators as pro-
vided for herein. Nothing in this amendment shall prohibit
any representative elected in the 1962 general election
pursuant to the constitution of 1885, as amended, from
serving in such office for which he was elected, and the
additional legislative offices created herein shall be filled
by and at a special election to be held in the affected
counties or districts as provided by law.
Section 5. The legislature shall reapportion its rep-
resentation in accordance with this article at the 1971
regular session of the legislature and every ten (10) years
thereafter based upon the preceding latest federal de-
cennial census.
In the event the legislature shall fail to reapportion
the representation as required by this article, the governor
shall call the legislature together in extraordinary session
to consider the question of reapportionment, and such ex-
traordinary session shall mandatorily be required to re-
apportion its membership before adjournment, and such
extraordinary session so called shall not expire until reap-
portionment is effected and shall consider no business
other than reapportionment.
Section 6. State census.-The legislature shall no
longer be required to provide for an enumeration of the
inhabitants of the state. The last preceding decennial
federal census beginning with the federal census of 1950
shall also be the state census and shall control in all
population acts and constitutional apportionments, unless
otherwise ordered by the legislature.
-was read the first time in full and referred to the
Select Committee on Apportionment.
By Mr. McClain of Pasco-
H. J. R. No. 50-X-A Joint Resolution proposing an
amendment to Article VII of the Constitution of the State
of Florida, providing for apportionment of the Florida
legislature; providing for a state census.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Article VII of the
Constitution of Florida is agreed to and shall be sub-
mitted to the electors of this state for ratification or rejec-
tion at the general election to be held in November, 1962:

32

ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legis-
lature of the state of Florida shall consist of a senate
and a house of representatives. Members of the senate
shall be elected for a term of four (4) years and members
of the house shall be elected for a term of two (2) years.
The term of members of the legislature shall expire on
the first Tuesday after the first Monday in November in
each regular election year. Members of the senate and
house of representatives shall be elected as provided by
law. Any new county that may be created shall be entitled
to one (1) member in the house of representatives in ex-
cess of any limit prescribed in the following sections of
this article until the next reapportionment and the county
shall be assigned when created to a senatorial district as
determined by the legislature.
Section 2. Representation in the house of representa-
tives.-Representation in the house of representatives of
the Florida legislature shall be apportioned among the
several counties of the state as follows: Each county shall
be entitled to at least one representative. Each county
with at least 0.4 of a representative ratio and less than
1.4 ratios shall be entitled to two representatives; each
county with at least 1.4 ratios and less than 3.4 ratios
shall be entitled to three representatives; each county
with at least 3.4 ratios and less than 5.4 ratios shall be
entitled to four representatives; each county with at least
5.4 ratios and less than 7.4 ratios shall be entitled to five
representatives; each county with at least 7.4 ratios and
less than 9.4 ratios shall be entitled to six representa-
tives; each county with at least 9.4 ratios and less than
11.4 ratios shall be entitled to seven representatives; each
county with at least 11.4 ratios and less than 13.4 ratios
shall be entitled to eight representatives; each county
with at least 13.4 ratios and less than 15.4 ratios shall be
entitled to nine representatives; each county with 15.4
ratios or more shall be entitled to ten representatives. The
representative ratio shall be the quotient obtained by
dividing the population of the state, according to the
latest federal census, by the number of counties.
Section 3. Representation in the senate.-The senate of
the Florida legislature shall be composed of one (1)
senator from each of the several counties of the state.
Section 4. State census.-The last preceding decennial
federal census shall also be the state census and shall
control in all population acts and constitutional apportion-
ments, unless otherwise ordered by the legislature.
-was read the first time in full and referred to the
Select Committee on Apportionment.
CONSIDERATION OF MESSAGES FROM THE SENATE
The following message from the Senate was received
and read:
Tallahassee, Florida
August 7, 1962
The Honorable William V. Chappell, Jr.,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of
Representatives that the Senate has adopted-
By Senators Herrell, Davis and Pope
SENATE CONCURRENT RESOLUTION NO. 5-X(62)-
A SENATE CONCURRENT RESOLUTION PROPOS-
ING THAT THE ATTORNEY GENERAL BY AP-
PROPRIATE PROCEEDINGS OBTAIN A CLARI-
FICATION OF THE DECISION RENDERED BY

AUGUST 8, 1962

THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF FLORIDA IN
THE CASE OF PETER B. SOBEL VS. TOM ADAMS,
NO. 182-62-M-CIVIL-DD, DATED JULY 23, 1962.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the District Court of the United States for the
Southern District of Florida in the case of Peter B. Sobel
vs. Tom Adams, No. 182-62-M-Civil-DD, by its order and
interlocutory judgment declared the existing constitu-
tional and statutory provisions relating to the apportion-
ment and reapportionment for the nomination and election
of the Senate and the House of Representatives of the
Florida Legislature to be invidiously discriminatory
against the rights of the citizens of the State of Florida
guaranteed by the constitution of the United States.
WHEREAS, since the Interlocutory Order and Judg-
ment entered on July 23, 1962, by the District Court of
the United States for the Southern District of Florida in
the case of Peter B. Sobel v. Tom Adams, Secretary oft
State, is not an Interlocutory Injunction as contemplated
by Title 28, U. S. Code, Section 1253, there does not
appear to lie an appeal to the United States Supreme
Court from such order and judgment at this time, and
WHEREAS, if at the time of the entry by the District
Court of an Interlocutory or Permanent Injunction or
other appealable order or judgment, no act or resolution
relating to apportionment has passed the legislature, or
if the legislature has reapportioned itself by statutory
provision and such provision is unacceptable to the Dis-
trict Court, or if the legislature has reapportioned itself
by constitutional amendment and implementing statute and
such reapportionment is unacceptable to the District
Court, or if said District Court by Judicial Decree at-
tempts to apportion the legislature, appeal shall be taken
to the United States Supreme Court in accordance with
law for a determination of the constitutional and statu-
tory questions involved; provided that should statutory
reapportionment be acceptable to the District Court,
appeal be taken to the United States Supreme Court in
accordance with law to resolve the question of the invalid-
ity of the Florida Constitutional provisions relating to
apportionment, NOW, THEREFORE,
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the Secretary of State, as the officer designated
by law for the technical service of process, associate
special counsel to assist his staff and the staff of the chief
state legal officer in the conduct of appropriate appellate
proceedings to the United States Supreme Court and for
this purpose there is hereby set aside from funds appro-
priated for legislative expense the sum of $50,000.00.
-and respectfully requests the concurrence of the
House therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Concurrent Resolution No. 5-X(62), con-
tained in the above message, was read the first time in
full and referred to the Select Committee on Judiciary.
Mr. Horne moved that the House now stand in recess
until 12:00 Noon today.
The motion was agreed to.
Thereupon, at the hour of 9:43 A.M., the House stood
in recess until 12:00 Noon today.
The House reconvened at 12:00 Noon.
THE SPEAKER IN THE CHAIR

JOURNAL OF THE HOUSE OF REPRESENTATIVES

The roll was taken to determine the presence of a
quorum.
A quorum present.
CONSIDERATION OF MESSAGES FROM THE SENATE
The following message from the Senate was received
and read:
Tallahassee, Florida
August 8, 1962
The Honorable William V. Chappell, Jr.,
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 Committee on Reapportionment -
Committee Substitute for Senate Bill No. 6-X(62)-
A Bill to be entitled An Act providing for the appor-
tionment of the membership of the Senate of the Legisla-
ture of the State of Florida according to districts.
-and respectfully requests the concurrence of the
House therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Committee Substitute for Senate Bill No. 6-X(62),
contained in the above message, was read the first time
by title and referred to the Select Committee on Appor-
tionment.
REPORTS OF SELECT COMMITTEES
August 8, 1962
Mr. Chiles of Polk, Chairman of the Select Committee
on Apportionment, reports that the Committee has care-
fully considered the following House Joint Resolution
and recommends that it pass as amended:
H. J. R. No. 30-X-A Joint Resolution proposing an
amendment to Article VII of the Constitution of the
State of Florida; providing for apportionment of the
Florida Legislature; providing for a state census.
which amendments read as follows:
Amendment No. 1: Strike out all of Section 3 and insert
the following in lieu thereof: "Section 3. House of Repre-
sentatives Representation in the house of representa-
tives of the Florida legislature shall be apportioned among
the several counties of the state according to population
based upon a percentage which the total ratio popula-
tion of the respective county bears to the total population
of the state according to the latest federal decennial
census.
Each county shall have one (1) representative for each
fraction of one per cent (1%) and an additional repre-
sentative for each whole per cent based upon its total
population ratio to the total state population. The house
membership shall not be less than one hundred (100)
and not more than one hundred sixty-six (166).
Amendment No. 2: Strike out all of Section 2 and insert
the following in lieu thereof: "Section 2. Senate-The
representation in the senate of the Florida legislature
shall consist of forty-five (45) members, each repre-
senting a district. Twenty-three (23) districts shall con-
sist of the twenty-three (23) most populous counties ac-
cording to the latest federal decennial census. Twenty-
two (22) districts shall be created from the remaining
forty-four (44) counties of the state with the view of
effecting equitable representation.

33

No county shall be divided in creating a district. No
county shall be separated from the remainder of the dis-
trict of which it is part by more than a county which was
formerly a part of said district as of 1962.
Amendment No. 3: Strike out all of Section 4 and insert
the following in lieu thereof: "Section 4. The 1963 legis-
lature shall be composed of the legislators elected pur-
suant to the constitution of 1885, as amended, and of the
additional legislators as provided for herein. If this ar-
ticle is ratified, the legislature shall be apportioned ac-
cording to legislation passed at the 1962 extraordinary
session called for that purpose. Nothing in this amend-
ment shall prohibit any representative elected in the 1962
general election pursuant to the constitution of 1885, as
amended, from serving in such office for which he was
elected, and the additional legislative offices created here-
in shall be filled by and at a special election to be held
in the affected counties or districts as provided by law.
The senators elected from the new even numbered dis-
tricts shall be elected for a term of four (4) years and
the new senators elected from the odd numbered districts
shall be elected for a term of two (2) years. Thereafter
all senators shall be elected for four (4) year terms.
The legislature shall reapportion its representation in
accordance with this article at the 1971 regular session
of the legislature and every ten (10) years thereafter
based upon the preceding latest federal decennial census.
In the event the legislature shall fail to reapportion the
representation as required by this article, the governor
shall call the legislature together in extraordinary ses-
sion to consider the question of reapportionment, and such
extraordinary session shall mandatorily be required to
reapportion its membership before adjournment, and such
extraordinary session so called shall not expire until
reapportionment is effected and shall consider no business
other than reapportionment.
And House Joint Resolution No. 30-X, contained in the
above report, together with Committee amendments there-
to, was placed on the Calendar of Bills and Joint Resolu-
tions on Second Reading.
August 8, 1962
Mr. Chiles of Polk, Chairman of the Select Committee
on Apportionment, reports that the Committee has care-
fully considered the following House Joint Resolution and
recommends that it not pass:
H. J. R. No. 12-X- A Joint Resolution proposing
an amendment to Article VII of the Constitution of the
State of Florida; providing for apportionment of the
Florida Legislature; providing for a state census.
And House Joint Resolution No. 12-X, contained in
the above report, was laid on the table under the rule.
August 6, 1962
Mr. Chiles of Polk, Chairman of the Select Committee
on Apportionment, reports that the Committee has care-
fully considered the following House Joint Resolution
and recommends that it not pass:
H. J. R. No. 7-X- A Joint Resolution proposing
an amendment to Article VII of the State Constitution
relating to apportionment and census.
And House Joint Resolution No. 7-X, contained in the
above report, was laid on the table under the rule.
August 8, 1962
Mr. Chiles of Polk, Chairman of the Select Committee
on Apportionment, reports that the Committee has care-
fully considered the following House Joint Resolution
and recommends that it not pass:

AUGUST 8, 1962

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 8, 1962

H. J. R. 8-X- A Joint Resolution proposing an
amendment to Article VII of the Constitution of the
State of Florida, providing for apportionment of the
Florida Legislature; providing for a state census.
And House Joint Resolution No. 8-X, contained in the
above report, was laid on the table under the rule.
August 8, 1962
Mr. Chiles of Polk, Chairman of the Select Committee
on Apportionment, reports that the Committee has care-
fully considered the following House Joint Resolution
and recommends that it not pass:
H. J. R. No. 23-X- A Joint Resolution proposing
an amendment to Article VII of the Constitution of the
State of Florida; providing for apportionment of the
Florida Legislature; providing for a state census.
And House Joint Resolution No. 23-X, contained in the
above report, was laid on the table under the rule.
August 8, 1962
Mr. Chiles of Polk, Chairman of the Select Committee
on Apportionment, reports that the Committee has care-
fully considered the following House Joint Resolution
and recommends that it not pass:
H. J. R. No. 5-X- A Joint Resolution proposing
an amendment to Article VII of the State Constitution
relating to apportionment and census.
And House Joint Resolution No. 5-X, contained in the
above report, was laid on the table under the rule.
August 8, 1962
Mr. Chiles of Polk, Chairman of the Select Committee
on Apportionment, reports that the Committee has care-
fully considered the following House Joint Resolution and
recommends that it pass as amended:
H. J. R. No. 25-X- A Joint Resolution proposing
an amendment to Article VII of the Constitution of the
State of Florida, providing for apportionment of the
Florida Legislature; providing for a state census.
which amendment reads as follows: In Section 2 at the
end thereof, strike out the period (.) and insert the fol-
lowing in lieu thereof: "; provided that until the general
election in 1964 no county shall have fewer representa-

tives than it would have been entitled to under the Con-
stitution of 1885 as amended in 1924."
And House Joint Resolution No. 25-X, contained in the
above report, together with Committee amendment there-
to, was placed on the Calendar of Bills and Joint Resolu-
tions for Second Reading.
August 8, 1962
Mr. Mitchell of Leon, Chairman of the Select Committee
on Judiciary, reports that the Committee has carefully
considered the following memorial and recommends that
it pass as amended:
H. M. No. 18-X-A Memorial to the Congress of the
United States of America urging the congress to submit
a constitutional amendment granting to the state courts
exclusive jurisdiction of suits and actions relating to the
apportionment and reapportionment of the membership of
state legislatures.
which amendments read as follows:
Amendment No. 1-In Paragraph No. 1, following the
words "United States Constitution" strike out the rest of
the paragraph, and insert the following in lieu thereof:
"reserving, granting and clearly confirming exclusive pow-
er and jurisdiction relating to the apportionment and re-
apportionment of the membership of state legislatures to
the several states and to spell out that state action in
this field is not subject to review by the federal courts."
Amendment No. 2-In the Title, following the words
"Constitutional Amendment" strike out the balance of the
title, and insert the following in lieu thereof: "reserving,
granting and confirming power and jurisdiction relating
to the apportionment and reapportionment of the mem-
bership of state legislatures to the states without review
of the Federal Courts."
And House Memorial No. 18-X, contained in the above
report, together with Committee amendments thereto, was
placed on the Calendar of Memorials for Second Reading.
Mr. Horne moved that the House now adjourn to re-
convene at 11:00 A.M. tomorrow.
The motion was agreed to.
Thereupon, at the hour of 12:03 P.M., the House stood
adjourned until 11:00 A.M. tomorrow.

34

JOURNAL OF THE HOUSE

OF REPRESENTATIVES

EXTRAORDINARY SESSION

Thursday, August 9, 1962

The House was called to order by the Speaker at
11:00 A.M.

The roll was taken and the following Members were
recorded present:

Fagan
Frederick
Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hill
Hollahan
Holley
Home
Hosford
Inman
Johnson
Jones
Karl
Knowles
Lancaster
Land
Liles
Livingston
Loeffler
Mann
Markham
Marshburn
Mathews, J.

Matthews, C.
Mattox
McAlpin
McClain
McDonald
Miner
Mitchell
Nash
Nelson
Nichols
O'Neill
Papy
Peavy
Peeples
Pruitt
Reedy
Roberts, C. A.
Roberts, E. S.
Rowell
Russ
Russell
Ryan
Saunders, J. A.
Saunders, S. D.

Scott. B. J.
Scott, W. R.
Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stallings
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Vocelle
Wadsworth
Walker
Westberry
Whitaker
Williams, J. J.
Williams, R.
Wise

A quorum present.
The following prayer was offered by the Reverend
Melton Ware, Chaplain:,
Almighty and eternal God, Who searchest the hearts of
men; we beseech Thee graciously to bless these repre-
sentatives who give themselves to the service of their
fellow men through political office. Grant unto them clear
vision to perceive the right and the just and the hon-
orable course in the affairs of our beloved state; give unto
them true judgment and personal courage that they may
meet their responsibilities this day as men who are
aware of Thy divine judgment; make them to be sensi-
tive to their union one with another as Thy children, that
they may strive wisely to speak and act according to Thy
will. When this day is over, 0 God, we pray that our
deliberations will have been acceptable in Thy sight and
worthy of Thy approval; through Jesus Christ our Lord.
AMEN.

CORRECTION OF THE JOURNAL
The Journal for Wednesday, August 8, was ordered
corrected and as corrected was approved.

INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS, AND MEMORIALS

By Mr. Costin of Gulf-

H. B. No. 51-X- A bill to be entitled An Act
providing apportionment of the senate and house of repre-
sentatives of the Florida legislature; providing an ef-
fective date.
The bill was read the first time by title and referred
to the Select Committee on Apportionment.

35

Mr. Speaker
Allsworth
Anderson
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Chiles
Cleveland
Costin
Craig
Crews
Daniel
Ducker
Eldredge
Erickson

By Messrs. Saunders of Clay and Roberts of Union-
H. J. R. No. 52-X- A Joint Resolution proposing an
amendment to Article VII of the constitution of the state
of Florida; providing for apportionment of the Florida
Legislature; providing for a state census.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Article VII of the
Constitution of Florida is agreed to and shall be sub-
mitted to the electors of this state for ratification or
rejection at the general election to be held in November,
1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legisla-
ture of Florida shall consist of a Senate and House of
Representatives. Members of the Senate shall be elected
for a term of four (4) years and members of the House
of Representatives shall be elected for a term of two (2)
years. The terms of members of the legislature shall ex-
pire on the first Tuesday after the first Monday in No-
vember of each regular election year. Members of the
Senate and of the House of Representatives shall be
elected as provided by law. Any new county that may be
created shall be entitled to the member or number of
members in the House of Representatives as prescribed
in the following sections of this article until the next re-
apportionment and the county shall be assigned when
created to a Senatorial District as determined by the
legislature.
Section 2. Senate.-Each county having population of
more than four thousand (4,000) inhabitants shall have
at least one (1) Senator; each county having population
in excess of two million (2,000,000) inhabitants shall
have two (2) Senators; no county shall have more than
two (2) Senators. Each county having population of not
more than four thousand (4,000) inhabitants shall be
joined with the county adjacent to it which has the
smallest population of the counties adjacent to such
county, thus causing said two (2) counties to comprise
a single Senatorial District; no Senatorial District shall
include more than two (2) counties. No county shall be
divided in creating a district.
The following counties, by reason of the foregoing pro-
vision, their respective populations as indicated by the
1960 federal census, and their geographical locations ad-
jacent to each other, shall be formed together into Sena-
torial Districts, i. e.: Gilchrist and Lafayette counties
shall comprise one (1) district; Glades and Okeechobee
counties shall comprise one (1) district; Liberty and
Wakulla counties shall comprise one (1) district. All
counties of the state other than the counties designated
as two-county Senatorial Districts shall have Senators
as otherwise provided herein. Hereafter, as counties in-
crease or decrease in population as indicated by each
succeeding federal census, state Senatorial Districts shall
be adjusted in accordance with the formula set forth
above, and elections to fill Senate seats thus created shall
be held in the next ensuing election year following each
succeeding federal census.
In the event that a county shall decrease in population

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 9, 1962

to a level of four thousand (4,000) or less inhabitants as
indicated by any future federal census, the term of the
Senator representing such county or district shall con-
tinue until the expiration of such term of office, regard-
less of the fact that a federal census may occur during
such term of office.
Each Senatorial District shall be numbered in the fol-
lowing manner:
DISTRICT COUNTIES
First Santa Rosa
Second Escambia
Third Walton
Fourth Jackson
Fifth Wakulla and Liberty
Sixth Gadsden
Seventh Polk
Eighth Leon
Ninth Hernando
Tenth Madison
Eleventh Pinellas
Twelfth St. Lucie
Thirteenth Dade
Fourteenth Columbia
Fifteenth Bradford
Sixteenth Nassau
Seventeenth Suwannee
Eighteenth Duval
Nineteenth Orange
Twentieth Marion
Twenty-first Levy
Twenty-second Jefferson
Twenty-third Lake
Twenty-fourth Lee
Twenty-fifth Bay
Twenty-sixth Putnam
Twenty-seventh Hardee
Twenty-eighth Volusia
Twenty-ninth Baker
Thirtieth Broward
Thirty-first St. Johns

Thirty-second
Thirty-third
Thirty-fourth
Thirty-fifth
Thirty-sixth
Thirty-seventh
Thirty-eighth
Thirty-ninth

Alachua
Osceola
Hillsborough
Palm Beach
Manatee
Brevard
Sumter
Holmes

Fortieth Okaloosa
Forty-first Dixie
Forty-second Flagler
Forty-third Glades and Okeechobee
Forty-fourth Martin
Forty-fifth Calhoun
Forty-sixth Washington
Forty-seventh Citrus
Forty-eighth Seminole
Forty-ninth Hendry
Fiftieth Collier
Fifty-first Gulf
Fifty-second Taylor
Fifty-third Lafayette and Gilchrist
Fifty-fourth Clay
Fifty-fifth Franklin
Fifty-sixth Highlands
Fifty-seventh Pasco
Fifty-eighth Monroe
Fifty-ninth DeSoto
Sixtieth Union
Sixty-first Charlotte
Sixty-second Sarasota
Sixty-third Hamilton
Sixty-fourth Indian River
Section 3. If and when new senatorial districts are
created in accordance with the formula set forth herein,
numbers for such new senatorial districts shall be desig-
nated by the Legislature, with adjustment of the fore-
going numbering system being subject to legislative re-
vision without the necessity of constitutional amendment
to accomplish such numbering revision.
Section 4. House of Representatives.-Each county shall
have at least one (1) member of the House of Repre-
sentatives; subject to the said provision of not less than
one (1) member per county, the House shall be appor-
tioned in accordance with the populations of the several
respective counties in the following manner:
NUMBER OF MEMBERS
IN THE HOUSE
COUNTY POPULATION OF REPRESENTATIVES

30,000 or less
30,001 to 100,000, in
100,001 to 150,000, in
150,001 to 200,000, in
200,001 to 250,000, in
250,001 to 300,000, in
300,001 to 350,000, in
350,001 to 400,000, in
400,001 to 450,000, in
450,001 to 500,000, in

clusive
clusive
clusive
elusive
clusive
clusive
clusive
elusive
elusive

1
2
3
4
5
6
7
8
9
10

36

AUGUST 9, 1962

JOURNAL OF THE HOUSE OF REPRESENTATIVES

500,001 to 550,000, inclusive
550,001 to 600,000, inclusive
600,001 to 650,000, inclusive
650,001 to 700,000, inclusive
700,001 to 750,000, inclusive
750,001 to 800,000, inclusive
800,001 to 850,000, inclusive
850,001 to 900,000, inclusive
900,001 to 950,000, inclusive
950,001 to 1,000,000, inclusive
1,000,001 to 1,100,000, inclusive
1,100,001 to 1,200,000, inclusive
1,200,001 to 1,300,000, inclusive
1,300,001 to 1,400,000, inclusive
1,400,001 to 1,500,000, inclusive
1,500,001 to 1,600,000, inclusive
1,600,001 to 1,700,000, inclusive
1,700,001 to 1,800,000, inclusive
1,800,001 to 1,900,000, inclusive
1,900,001 to 2,000,000, inclusive
No county shall have more than thirty
the House of Representatives.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(30) members of

Section 5. All members of the House of Representatives
shall be elected at large by the electors of the respective
counties; in counties entitled to more than one (1) mem-
ber of the House of Representatives, the election of such
members shall be by group, i. e., a county entitled to four
(4) members of the House of Representatives shall have
four (4) groups of candidates for each such office, and
each candidate for the House of Representatives shall
designate the group in which he desires his name to be
placed upon the ballot at the time he qualifies as a
candidate in accordance with the statutes now in effect
or to be passed by the Legislature.
Section 6. Legislative apportionment.-The 1963 Legis-
lature shall be composed of the Legislators elected pur-
suant to the Constitution of 1885, as amended, and of
the additional Legislators as provided for herein. If this
article is ratified at the general election in November,
1962, the Legislature shall be apportioned according to
the formulas set forth above for Senate apportionment
and House of Representatives apportionment.
The persons previously elected in the 1962 primary
elections as nominees for all heretofore existing seats in
the Senate and House of Representatives shall be nomi-
nees for said positions at the general election in No-
vember, 1962, as provided in the existing election laws.
All additional legislative offices created by passage of
this amendment to the Constitution, if ratified, shall be
filled by and at a special election to be held in the af-
fected counties or districts, as provided by law, such
election to be held within one hundred twenty (120) days
after the effective date hereof. The Senators elected for
the new even-numbered districts shall be elected for a
term of four (4) years and Senators elected from the new
odd-numbered districts shall be elected for a term of two
(2) years; thereafter, all Senators shall be elected for
four (4) year terms. This provision for the terms of the
members of the Senate shall be subject to the following
exception: any Senator elected at the general election

37

held in Novmber, 1962, or at the general election held
in November, 1960, shall continue in his office until the
term for which he was elected shall expire.
In the event that any apportionment problems shall
arise in the future not contemplated herein, the Legis-
lature shall provide for such reapportionment as shall
then become necessary at the 1971 regular session of the
Legislature and each ten (10) years thereafter, based
upon the preceding latest federal decennial census; in
the event any such apportionment problem or problems
shall arise, and shall not be solved by the regular session
of the Legislature, the Governor may call the Legislature
together in Extraordinary Session to consider any such
question of reapportionment, and such Extraordinary Ses-
sion shall mandatorily be required to solve such appor-
tionment problem or problems before adjourning, and
such Extraordinary Session so called shall not expire
until reapportionment is effected, and shall consider no
business other than reapportionment.
Section 7. State census.-The Legislature shall no long-
er be required to provide for an enumeration of the in-
habitants of the state. The last preceding decennial fed-
eral census beginning with the federal census of 1950
shall also be the state census and shall control in all
population acts and Constitutional apportionments, unless
otherwise ordered by the Legislature.
Section 8. Anything herein to the contrary notwith-
standing, this resolution shall not be submitted to the
electors of Florida for ratification or rejection at the
general election to be held in November, 1962, unless the
federal court which has heretofore ruled the Florida leg-
islative apportionment to be invalid, shall approve this
resolution by appropriate court order no later than
twenty (20) days after this resolution shall have been
enacted by the special session of the 1962 Florida Legis-
lature. In the event said court does approve this resolu-
tion, this resolution shall replace Senate Joint Resolu-
tion No. 216 passed by the 1961 Florida Legislature on
the ballot at the general election in November, 1962. In
the event of the failure of said federal court to approve
this resolution, Senate Joint Resolution No. 216, passed
during the regular session of the 1961 Florida Legisla-
ture, shall appear on the ballot at the general election
of November, 1962.
Section 9. In the event that the electors of the state
shall fail to ratify this article, or Senate Joint Resolu-
tion No. 216, whichever shall appear on the ballot at the
general election in November, 1962, it shall be deemed
that the electors of Florida shall have thereby approved
apportionment of the Senate and House of Representa-
tives which existed prior to passage of Senate Joint Reso-
lution No. 216 passed at the regular session of the 1961
Legislature.
Section 10. Result of invalidation hereby by subsequent
court decision.-If any portion of this amendment should
be declared invalid or unconstitutional by any court, then
this entire amendment shall thereby be thus invalidated,
with the portion, or portions, of the Florida Constitution
which this amendment replaces or supersedes being by
any such court decision thereby reinstated in place of
this amendment.
Section 11. Effect of validation hereof.-In the event
that this amendment is approved and validated at the
general election in November, 1962, all sections of the
Florida Constitution, or Florida Statutes, in conflict here-
with shall, to the extent of such conflict, be hereby re-
pealed, and the Statutory Revision Department of the
office of the Florida Attorney General shall make such
revision of the appropriate sections of the Florida Con-
stitution and the Florida Statutes as are hereby indicated.
This section of this amendment is subject to section 8
hereof.

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 9, 1962

-was read the first time in full and referred to the
Select Committee on Apportionment.
By Mr. Saunders of Clay-
H. B. No. 53-X- A bill to be entitled An Act
providing for division of the state into senatorial dis-
tricts and apportionment of the senate; providing for
apportionment of the house of representatives; repeal-
ing sections 10.01, 10.02 and 10.03, Florida Statutes;
providing an effective date.
The bill was read the first time by title and referred
to the Select Committee on Apportionment.
By Messrs. Roberts and Thomas of Palm Beach and
Miner of Hendry.
H. R. No. 54-X-A Resolution commending the person-
nel of the 149th Quartermaster Petroleum Depot Company
on the excellent record this company has made in the
services of the armed forces of the United States.
WHEREAS, the 149th Quartermaster Petroleum Depot
Company, a unit of the Florida National Guard, was called
back into active duty in the services of this country on the
1st day of October, 1961, and
WHEREAS, this company composed of personnel from
Palm Beach and Hendry counties, Florida, made an out-
standing record at Fort Lee, Virginia, during the period
of their active enlistment, and
WHEREAS, the personnel of this company will be re-
leased from active duty on the 12th day of August, 1962,
to return to their families and homes, NOW, THERE-
FORE,
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA:
Section 1. That the members of the House of Represen-
tatives do commend the men of the 149th Quartermaster
Petroleum Depot Company for their participation in the
armed services, and attitude and excellent record made.
Section 2. That we do welcome back to the state of
Florida the men of this company who will, this week,
return to their families and their businesses in our state.
That this legislature, through this means, expresses its
thanks to the personnel of the 149th Quartermaster Pe-
troleum Depot Company for the sacrifices they have made
in behalf of keeping strong the armed forces of America.
That the clerk of the House of Representatives is hereby
directed to send a copy of this resolution to the men of
the 149th Quartermaster Petroleum Depot Company.
-was read the first time by title.
Mr. Roberts of Palm Beach moved that House Resolu-
tion No. 54-X be read the second time in full.
The motion was agreed to, and House Resolution No.
54-X was read the second time in full.
Mr. Roberts of Palm Beach moved the adoption of the
resolution.
The motion was agreed to. and House Resolution No.
54-X was adopted.
REPORT OF THE COMMITTEE ON
RULES & CALENDAR
The following report of the Committee on Rules &
Calendar was read:

The Honorable William V. Chappell, Jr.,
Speaker of the House of Representatives.
Sir:

August 9, 1962

Your Committee on Rules & Calendar begs leave to

report that pursuant to Rule Eight, Section 16 of the
Rules of the 1961 House of Representatives, the following
special order calendar for August 9, 1962, is submitted.
Immediately following the daily order of matters on
reconsideration, the House shall consider as a special
and continuing order of business the following matters:
H.M. No. 18-X
H.J.R. No. 25-X
H. J. R. No. 30-X
The vote of the committee was as follows:
Ayes: Messrs. Arrington, Chaires, Chiles, Crews, Dan-
iel, Fagan, Fuqua, Livingston, Papy, Rowell, Stone,
Strickland, Westberry, Boyd, and Home.
Nays: None.
Absent: Messrs. Cleveland, Lancaster, O'Neill, Scott,
Sweeny, and Whitaker.
Respectfully submitted,
Mallory E. Home, Chairman
Committee on Rules & Calendar
Mr. Allsworth moved that the rules be waived and the
House revert to the order of Introduction and Reference
of House Bills, Joint Resolutions, House Resolutions, Con-
current Resolutions, and Memorials.
The motion was agreed to by a two-thirds vote, and
it was so ordered.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS, AND MEMORIALS.
By Messrs. Ryan and Allsworth of Broward.
H. J. R. No. 55-X-A Joint Resolution proposing an
amendment to Article VII of the Constitution of the State
of Florida; providing for apportionment of the Florida
Legislature; providing for a state census.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Article VII of the
constitution of Florida is agreed to and shall be sub-
mitted to the electors of this state for ratification or rejec-
tion at the general election to be held in November 1962.
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legis-
lature of the state of Florida shall consist of a senate and
a house of representatives. Members of the senate shall
be elected for a term of four (4) years and members of
the house shall be elected for a term of two (2) years.
The term of members of the legislature shall expire on
the first Tuesday after the first Monday in November in
each regular election year. Members of the senate and
house of representatives shall be elected as provided by
law. Any new county that may be created shall be en-
titled to one (1) member in the house of representatives in
excess of any limit prescribed in the following sections of
this article until the next reapportionment and the county
shall be assigned when created to a senatorial district
as determined by the legislature.
Section 2. Representation in the senate.-Representa-
tion in the senate of the Florida legislature shall be ap-
portioned by districts of which there shall be thirty-eight
(38) as nearly equal in population as practicable.
Section 3. Representation in the house of representa-
tives.-Representation in the house of representatives of
the Florida legislature shall be apportioned according to

38

JOURNAL OF THE HOI

a quotient to be known as a unit of population to be deter-
mined by dividing the total population of the state ac-
cording to the latest federal decennial census by one
hundred twenty-five (125). Each county shall have one
(1) representative for each unit of population or major
fraction thereof as derived from this formula.
Section 4. The 1963 legislature shall be composed of
the legislators elected pursuant to the constitution of 1885
as amended, and of the additional legislators as provided
for herein. Nothing in this amendment shall prohibit any
representative elected in the 1962 general election pursu-
ant to the constitution of 1885, as amended, from serving
in such office for which he was elected, and the additional
legislative offices created herein shall be filled by and at
a special election to be held in the affected counties or
districts as provided by law.
Section 5. The legislature shall reapportion its repre-
sentation in accordance with this article at the 1971 regu-
lar session of the legislature and every ten (10) years
thereafter based upon the preceding latest federal
decennial census.
In the event the legislature shall fail to reapportion the
representation as required by this article, the governor
shall call the legislature together in extraordinary ses-
sion to consider the question of reapportionment, and such
extraordinary session shall mandatorily be required to
reapportion its membership before adjournment, and
such extraordinary session so called shall not expire until
reapportionment is effected and shall consider no business
other than reapportionment.
Section 6. State census.-The legislature shall no longer
be required to provide for an enumeration of the inhabi-
tants of the state. The last preceding decennial federal
census beginning with the federal census of 1950 shall
also be the state census and shall control in all popula-
tion acts and constitutional apportionments, unless other-
wise ordered by the legislature.
-was read the first time in full and referred to the
Select Committee on Apportionment.
SPECIAL AND CONTINUING ORDER FOR
THURSDAY, AUGUST 9
H. M. No. 18-X-A memorial to the Congress of the United
States of America urging the Congress to submit a
Constitutional Amendment granting to the State Courts
exclusive jurisdiction of suits and actions relating to
the Apportionment and Reapportionment of the mem-
bership of State Legislatures.
WHEREAS, the apportionment of the membership of
State Legislatures, both the House and Senate, is properly
a state and not a federal question; and
WHEREAS, there has been some effort recently by some
of the lower federal courts, not only to determine the
validity of the apportionment or reapportionment of the
membership of state legislatures, but also to make appor-
tionment or reapportionment by judicial decree; and
WHEREAS, such judicial proceedings seriously inter-
fere with states' rights and the freedom of government
by the people of the several states, NOW, THEREFORE,
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the Florida Legislature hereby and herein peti-
tions the Congress of the United States of America, and
each house and member thereof, to draft and submit a
suitable amendment to the United States Constitution,
granting to the State courts exclusive jurisdiction of suits
and actions relating to the apportionment and reappor-
tionment of the membership of state legislatures; and

AUGUST 9, 1962

USE OF REPRESENTATIVES 39

BE IT FURTHER RESOLVED, that copies of this me-
morial be transmitted forthwith by the Chief Clerk of
the House and the Secretary of the Senate of the State
of Florida to the President of the United States, and the
Vice-President of the United States as presiding officer
of the Senate, and the Speaker of the House of Repre-
sentatives of the Congress of the United States, to each
of the congressional delegation from Florida in the United
States Congress, and to each of the Governors, Secretaries
of State, and Attorneys General of the several states; and
BE IT FURTHER RESOLVED, that a copy of this
memorial be spread upon the journal of both the Senate
and House of Representatives of the State of Florida, and
sufficient copies thereof be furnished to the press.
-was taken up.
Mr. Mathews of Duval moved that House Memorial No.
18-X be read a second time in full.
The motion was agreed to, and House Memorial No.
18-X was read a second time in full.
Mr. Mathews of Duval moved the adoption of the
memorial.
Pending consideration thereof-
The Select Committee on Judiciary offered the follow-
ing amendment to House Memorial No. 18-X:
In Paragraph 1, following the words "United States
Constitution," strike out the rest of the paragraph and
insert the following in lieu thereof: "reserving, granting
and clearly confirming exclusive power and jurisdiction
relating to the apportionment and reapportionment of the
membership of state legislatures to the several states
and to spell out that state action in this field is not sub-
ject to review by the Federal Courts."
Mr. Mathews of Duval moved the adoption of the amend-
ment.
Pending consideration thereof-
Mr. Stallings of Duval offered the following amend-
ment to the Amendment to House Memorial No. 18-X:
In line one preceding the words "reserving, granting"
add the word "specifically."
Mr. Stallings moved the adoption of the amendment
to the amendment.
The motion was agreed to and the amendment to the
amendment was adopted.
The question recurred on the adoption of the amend-
ment, as amended.
The motion was agreed to, and the amendment, as
amended, was adopted.
The Select Committee on Judiciary offered the follow-
ing amendment to House Memorial No. 18-X:
In the title, following the words "Constitutional Amend-
ment" strike out the balance of the title and insert the
following in lieu thereof: "reserving, granting and con-
firming power and jurisdiction relating to the appor-
tionment and reapportionment of the membership of State
Legislatures to the states without review of the Federal
Courts."
Mr. Mathews of Duval moved the adoption of the
amendment.
The motion was agreed to and the amendment was
adopted.
Mr. Stallings of Duval offered the following amend-
ment to House Memorial No. 18-X:

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 9, 1962

In Paragraph 3 following the title, following the words
"people of the several states," strike out: "NOW THERE-
FORE," change the comma to a semi-colon and add the
following: "and
WHEREAS, such judicial proceedings are a massive
repudiation of the experience of our whole past and are
a deliberate, palpable and dangerous exercise of powers
not granted to the federal judiciary by the United States
Constitution, NOW, THEREFORE,"
Mr. Stallings moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Mr. Mann of Hillsborough offered the following amend-
ment to House Memorial No. 18-X:
Strike out the resolving clause.
Mr. Mann moved the adoption of the amendment.
A roll call was demanded.
When the vote was taken on the adoption of the amend-
ment, the result was:
Yeas:

Allsworth Loeffler
Griffin,B.H.,Jr. Mann
Nays:

Pagan
Frederick
Fuqua
Griffin,J.J.,Jr.
Hill
Hollahan
Holley
Horne
Hosford
Inman
Johnson
Jones
Karl
Knowles
Lancaster
Land
Liles
Livingston
Markham
Marshburn
Mathews, J.

Matthews, C. Smith, R. J.
Ryan Vocelle

Mattox
McAlpin
McClain
McDonald
Miner
Mitchell
Nash
Nelson
Nichols
O'Neill
Papy
Peavy
Peeples
Pruitt
Reedy
Roberts, C. A.
Roberts, E. S.
Rowell
Russell
Saunders, J. A.
Saunders, S. D.

Scott. B. J.
Scott, W. R.
Sims
Smith, K.
Smith, S. C.
Stallings
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Wadsworth
Walker
Westberry
Whitaker
Williams, J. J.
Williams, R.
Wise

Yeas- 8.
Nays-83.
The motion was not agreed to, and the amendment to
strike out the resolving clause was not adopted.
The question recurred on the adoption of House Me-
morial No. 18-X.

A roll call was ordered.
When the vote was taken on the adoption of the me-
morial, the result was:
Yeas:

Carter
Chaires
Chiles
Cleveland
Costin
Craig
Crews
Daniel
Ducker
Eldredge
Erickson
Fagan

Frederick
Fuqua
Griffin,J.J.,Jr.
Hill
Hollahan
Holley
Horne
Hosford
Inman
Johnson
Jones
Karl

Knowles
Lancaster
Land
Liles
Livingston
Markham
Marshburn
Mathews, J.
Mattox
McAlpin
McClain
McDonald

Miner
Mitchell
Nash
Nelson
Nichols
O'Neill
Papy
Peavy
Peeples
Pruitt
Nays:

Reedy
Roberts, C. A.
Roberts, E. S.
Rowell
Russ
Russell
Saunders, J. A.
Saunders, S. D.
Scott. B. J.
Scott, W. R.

Allsworth Loeffler
Griffin,B.H.,Jr. Mann

Sims Usina
Smith, K. Wadsworth
Smith, S. C. Walker
Stallings Westberry
Stone Whitaker
Strickland Williams, J. J.
Sweeny Williams, R.
Thomas,A.J.,Jr. Wise
Thomas, J.
Turlington

Matthews, C. Smith, R. J.
Ryan Vocelle

Yeas-86.
Nays- 8.
The motion was agreed to, and House Memorial No.
18-X, as amended, was adopted.
Mr. Mathews of Duval moved that the rules be waived
and House Memorial No. 18-X, as amended, be imme-
diately certified to the Senate.
The motion was agreed to by a two-thirds vote, and
House Memorial No. 18-X was ordered immediately certi-
fied to the Senate after engrossment.
Mr. Mathews of Duval moved that Section 10 of Rule
8 of the Rules of the House be waived and that part of
Section 17 of Article III of the Florida Constitution con-
cerning the requirement that joint resolutions be read
on three separate days except by waiver of the rule, not
apply to the consideration of House Joint Resolutions
Nos. 25-X and 30-X.
The motion was not agreed to by a two-thirds vote.
H. J. R. No. 25-X-A Joint Resolution proposing an
amendment to Article VII of the Constitution of the State
of Florida; providing for apportionment of the Florida
Legislature; providing for a state census.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Article VII of the
Constitution of Florida is agreed to and shall be sub-
mitted to the electors of this state for ratification or
rejection at the general election to be held in November,
1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legisla-
ture of the state of Florida shall consist of a senate and
a house of representatives. Members of the senate shall
be elected for a term of four (4) years and members of
the house shall be elected for a term of two (2) years.
The term of members of the legislature shall expire on
the first Tuesday after the first Monday in November in
each regular election year. Members of the senate and
house of representatives shall be elected as provided by
law. Any new county that may be created shall be en-
titled to one (1) member in the house of representatives
in excess of any limit prescribed in the following sec-
tions of this article until the next reapportionment and
the county shall be assigned when created to a senatorial
district as determined by the legislature.
Section 2. Representation in the house of representa-
tives.-Representation in the house of representatives of
the Florida legislature shall be apportioned among the
several counties of the state as follows: Each county
shall be entitled to one representative and to one addi-
tional representative for each representative ratio or ma-
jor fraction thereof. The representative ratio shall be the
quotient obtained by dividing the population of the state

40

Mr. Speaker
Anderson
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Cleveland
Costin
Craig
Crews
Daniel
Ducker
Eldredge
Erickson

Mr. Speaker
Anderson
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom

AUGUST 9, 1962

JOURNAL OF THE HOUSE OF REPRESENTATIVES

according to the latest federal census by the number of
counties.
Section 3. Representation in the senate.-The senate
of the Florida legislature shall be composed of one (1)
senator from each of the several counties of the state.
Section 4. State census.-The last preceding decennial
federal census shall also be the state census and shall
control in all population acts and constitutional appor-
tionments, unless otherwise ordered by the legislature.
-was taken up.
Mr. O'Neill moved that House Joint Resolution No.
25-X be read a second time in full.
The motion was agreed to, and House Joint Resolution
No. 25-X was read a second time in full.
The Select Committee on Apportionment offered the
following amendment to House Joint Resolution No. 25-X:
In Section 2, at the end thereof, strike out: the period
(.) and insert the following in lieu thereof: ; provided
that until the general election in 1964 no county shall
have fewer representatives than it would have been
entitled to under the Constitution of 1885, as amended
in 1924.
Mr. O'Neill moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Mr. Whitaker of Hillsborough offered the following
amendment to House Joint Resolution No. 25-X:
In Section 3, strike out entire section and insert the
following in lieu thereof: "The senate of the Florida
legislature shall be composed of thirty eight (38) Sena-
torial Districts, such Districts to be as nearly equal in
population as practicable, but no county shall be divided
in making such apportionment, and each district shall
have one Senator."
Mr. Whitaker moved the adoption of the amendment.
Pending consideration thereof-
Mr. Ryan of Broward offered the following amend-
ment to the amendment to House Joint Resolution No.
25-X:
Following the words "as nearly equal in population as
practicable," strike out: "but no county shall be divided
in making such apportionment,"
Mr. Ryan moved the adoption of the amendment to
the amendment.
The motion was not agreed to, and the amendment to
the amendment was not adopted.
The question recurred on the adoption of the amend-
ment.
A roll call was ordered.
When the vote was taken on the adoption of the amend-
ment, the result was:
Yeas:

Mr. Speaker
Allsworth
Askew
Askins
Ayers
Boyd
Chiles
Cleveland
Craig
Daniel
Ducker

Eldredge
Erickson
Fagan
Frederick
Griffin,B.H.,Jr.
Holley
Home
Johnson
Karl
Knowles
Liles

Loeffler
Mann
Mathews, J.
Miner
Mitchell
Nelson
O'Neill
Peeples
Pruitt
Reedy
Russ

Russell
Ryan
Smith, R. J.
Sweeny
Thomas, J.
Turlington
Usina
Vocelle
Walker
Westberry
Whitaker

Nays:
Anderson
Arrington
Bass
Beck
Bedenbaugh
Bennett
Byrom
Carter
Chaires
Costin
Crews
Fuqua
Griffin,J.J.,Jr.
Yeas-44.

Hill
Hollahan
Hosford
Inman
Jones
Lancaster
Land
Livingston
Markham
Marshburn
Matthews, C.
Mattox
McAlpin

McClain Sims
McDonald Smith, K.
Nash Smith, S. C.
Nichols Stallings
Papy Stone
Peavy Strickland
Roberts, C. A. Thomas,A.J.,Jr.
Roberts, E. S. Wadsworth
Rowell Williams, J. J.
Saunders, J. A. Williams, R.
Saunders, S. D. Wise
Scott. B. J.
Scott, W. R.

Nays-50.
Mr. Walker was given unanimous consent to change
his vote from "Yea" to "Nay."
The motion was not agreed to, and the amendment
was not adopted.
Messrs. Russell, Holley and Loeffler of Pinellas, Erick-
son and Nelson of Sarasota and Ducker of Orange offered
the following amendment to House Joint Resolution No.
25-X:
In Section 2, strike out the entire section and insert
the following in lieu thereof: "Section 2. The House of
Representatives-(1) The State of Florida is divided into
thirty-two (32) House of Representatives Districts com-
prised of the counties and numbered as follows:
DISTRICT COUNTY

1
2
3
4
5
6
7
8
9
10
11
12
13

14
15
16
17
18
19
20
21
22
23

24

Dade

Duval
Hillsborough
Pinellas
Broward
Orange
Palm Beach
Polk
Escambia
Volusia
Brevard
Santa Rosa and Okaloosa
Walton, Holmes, Jackson, Washing-
ton, and Calhoun
Bay and Gulf
Sarasota
Leon
Alachua
Manatee
Sumter, Citrus, Hernando and Pasco
Putnam, St. Johns and Flagler
Collier and Monroe
Lee and Hendry
Nassau, Baker, Union, Bradford and
Clay
Hardee, Highlands, DeSoto, Char-
lotte and Glades

41

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 9, 1962

25
26
27
28

29

30
31
32

Lake
St. Lucie and Martin
Seminole
Columbia, Taylor, Lafayette, Gil-
christ, Dixie and Levy
Jefferson, Wakulla, Madison, Hamil-
ton and Suwannee
Gadsden, Liberty, and Franklin
Marion
Osceola, Okeechobee and Indian
River

(2) The population of each House of Representatives
district shall be divided by the population for the entire
state, and the fourth place right of the decimal shall be
rounded to the nearest whole number so that there will
be only two figures right of the decimal when the result
is expressed as a percentage. The result shall be ex-
pressed as a percentage, and the district shall have as
many Representatives as shown by the figure left of the
decimal plus an additional representative if the first
figure right of the decimal is five or greater. If the result
is less than one half (1/2) of one percent (1%), then the
district shall have one representative.

(3) The population herein referred to is and shall be
the population of the State according to the last preced-
ing decennial Federal Census. Upon the certification of
such census to the State each ten (10) years, the Secre-
tary of State shall make the apportionment herein speci-
fied, which apportionment shall be applicable for the
next succeeding election of members of the House of
Representatives and thereafter until the next Federal Cen-
sus; provided, however, the first such apportionment shall
be made by the Secretary of State immediately upon the
ratification of this amendment by the electors and such
apportionment shall be effective immediately and the
terms of office of all representatives in all districts suf-
fering a reduction of representatives shall immediately
cease and terminate."
Mr. Loeffler moved the adoption of the amendment.
Pending consideration thereof-
Mr. Frederick moved that the amendment 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:
Yeas:
Mr. Speaker Eldredge Mathews, J. Scott, W. R.
Allsworth Fagan Mattox Sims
Anderson Frederick McAlpin Smith, K.
Arrington Fuqua McClain Smith, S. C.
Askins Griffin,B.H.,Jr. McDonald Stallings
Ayers Griffin,J.J.,Jr. Miner Stone
Bass Hill Mitchell Strickland
Beck Home Nash Sweeny
Bedenbaugh Hosford Nichols Thomas,A.J.,Jr.
Bennett Inman O'Neill Thomas, J.
Boyd Johnson Papy Turlington
Byrom Jones Peeples Usina
Carter Karl Pruitt Walker
Chaires Knowles Reedy Westberry
Chiles Lancaster Roberts, C. A. Whitaker
Cleveland Land Rowell Williams, J. J.
Costin Liles Russ Williams, R.
Craig Livingston Ryan Wise
Crews Markham Saunders, J. A.
Daniel Marshburn Saunders, S. D.

Nays:
Ducker
Erickson
Hollahan
Holley

Loeffler
Mann
Matthews, C.
Nelson

Roberts, E. S. Wadsworth
Russell
Smith, R. J.
Vocelle

Yeas-78.
Nays-13.
The motion was agreed to, and the amendment was
laid on the table.
Mr. Thomas of Palm Beach offered the following amend-
ment to House Joint Resolution No. 25-X:
In Sections 1, 2, 3 and 4, following the words "APPOR-
TIONMENT AND CENSUS" strike out ENTIRE SEC-
TIONS 1, 2, 3 & 4 and insert the following in lieu thereof:
Section 1. Representation in the house of representatives
shall be one hundred twenty-five (125) members appor-
tioned among the several counties of the state. Each of
the several counties shall have one (1) representative.
The remaining fifty-eight (58) seats shall be apportioned
to those counties with a population in excess of thirty
thousand (30,000).
The population in excess of thirty thousand (30,000)
in each of said counties shall be totaled and this total
shall be divided into each county's excess population to
derive a population factor.
This population factor shall be multiplied by fifty-
eight (58), and each county, based on its proportionate
percentage, shall receive one (1) additional representa-
tive for each whole number. Any remaining seats shall
be allocated one (1) each to a county with priority given
to that county having the highest fraction of a whole
number and descending to the counties having the next
highest fractions until all seats are allocated.
Section 2. Pursuant to section 1 of this act there shall
be one hundred twenty-five (125) members of the house
of representatives apportioned among the several coun-
ties under the population factor method according to the
latest official federal decennial census as follows:

COUNTY
Dade
Duval
Hillsborough
Pinellas
Broward
Orange
Palm Beach
Polk
Escambia
Volusia
Brevard
Sarasota
Leon
Alachua
Manatee
Bay
Okaloosa
Lake

FIRST
ALLOCATION
1+
1+
1+
1+
1+
1+
1+
1+
1+
1+
1+
1+
1+
1+
1+
1+
1+
1

POPULATION
FACTOR
14
7
6
5
5
4
3
3
2
2
1
1
1
1
1
1
1

TOTAL
15
8
7
6
6
5
4
4
3
3
2
2
2
2
2
2
2
1

42

AUGUST 9, 1962

Seminole
Lee
Marion
Monroe
Gadsden
St. Lucie
Pasco
Jackson
Putnam
St. Johns
Santa Rosa
Indian River
Highlands
Columbia
Clay
Osceola
Nassau
Martin
Collier
Walton
Suwannee
Madison
Taylor
Charlotte
Bradford
Hardee
Sumter
DeSoto
Washington
Hernando
Holmes
Levy
Gulf
Jefferson
Citrus
Hendry
Hamilton
Calhoun
Baker
Franklin
Okeechobee
Union
Wakulla
Flagler

1
1
1
1

1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1

Dixie 1

1 Liberty
1 Glades
1 Lafayette
1 Gilchrist

1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1

1
1
1
1

43

1
1
1
1

Section 3. The legislature shall reapportion the repre-
sentation in the house of representatives at the 1971
regular session of the legislature and every ten (10)
years thereafter based upon the preceding latest federal
decennial census.
In the event the legislature shall fail to reapportion
the representation as required by this act, the governor
shall call the legislature together in extraordinary ses-
sion to consider the question of reapportionment, and
such extraordinary session shall mandatorily be required
to reapportion its membership before adjournment, and
such extraordinary session so called shall not expire until
reapportionment is effected and shall consider no busi-
ness other than reapportionment.
Section 4. (1) The certificates of nomination of quali-
fied candidates for the house of representatives duly nom-
inated in the primaries of 1962 are hereby confirmed and
ratified and shall be placed on the ballot in the general
election of November, 1962, except in those counties where
representation is reduced a special primary shall be held
as provided in section 4(2).
(2) Special primary elections shall be called by the
governor for selecting nominees of recognized political
parties as candidates in the November, 1962 general elec-
tion for the offices created by the provisions of this act,
except that no such primary shall be necessary for the
selection of party nominees who have been duly nomi-
nated in the primaries of 1962 for their respective posi-
tions in the house of representatives. Said primaries shall
be called as soon as practicable and conducted as pro-
vided by law.
Mr. Thomas of Palm Beach moved the adoption of the
amendment.
Pending consideration thereof-
Without objection, further consideration of the amend-
ment was temporarily deferred.
Mr. Mathews of Duval offered the following amend-
ment to House Joint Resolution No. 25-X:
In Section 2, strike out the entire section and insert
the following in lieu thereof: "Section 2. House of repre-
sentatives.-Representation in the house of representa-
tives of the Florida legislature shall be apportioned among
the several counties of the state according to population
based upon a percentage which the total ratio popula-
tion of the respective county bears to the total popula-
tion of the state according to the latest federal decennial
census.
"Each county shall have one (1) representative for
each fraction of one per cent (1%) and an additional
representative for each whole per cent based upon its
total population ratio to the total state population. The
house membership shall not be less than one hundred
(100) and not more than one hundred sixty-six (166)."
Mr. Mathews of Duval moved the adoption of the
amendment.
Pending consideration thereof-
Mr. Home moved that the House now adjourn to re-
convene at 2:00 P.M. today.
Pending consideration thereof-
Mr. Chiles offered a substitute motion that the House

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 9, 1962

adjourn after the final consideration of all pending amend-
ments.
The substitute motion was not agreed to.
The question recurred on the motion by Mr. Horne that
the House now adjourn to reconvene at 2:00 P.M. today.
The motion was agreed to.
Thereupon, at the hour of 12:49 P.M., the House stood
adjourned until 2:00 P.M. today.
AFTERNOON SESSION
The House reconvened at 2:00 P.M.
THE SPEAKER IN THE CHAIR.

The roll was taken and the following
recorded present:

Fagan
Frederick
Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hill
Hollahan
Holley
Home
Hosford
Inman
Johnson
Jones
Karl
Knowles
Lancaster
Land
Liles
Livingston
Loeffler
Mann
Markham
Marshburn
Mathews, J.

Matthews, C.
Mattox
McAlpin
McClain
McDonald
Miner
Mitchell
Nash
Nelson
Nichols
O'Neill
Papy
Peavy
Peeples
Pruitt
Reedy
Roberts, C. A.
Roberts, E. S.
Rowell
Russ
Russell
Ryan
Saunders, J. A.
Saunders, S. D.

Members were

Scott. B. J.
Scott, W. R.
Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stallings
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Vocelle
Wadsworth
Walker
Westberry
Whitaker
Williams, J. J.
Williams, R.
Wise

A quorum present.
CONTINUATION OF SPECIAL AND CONTINUING
ORDER
H. J. R. No. 25-X-A joint Resolution proposing an
amendment to Article VII of the Constitution of the State
of Florida, providing for apportionment of the Florida
Legislature; providing for a state census.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Article VII of the
Constitution of Florida is agreed to and shall be sub-
mitted to the electors of this state for ratification or
rejection at the general election to be held in November,
1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legisla-
ture of the state of Florida shall consist of a senate and
a house of representatives. Members of the Senate shall
be elected for a term of four (4) years and members of
the house shall be elected for a term of two (2) years.
The term of members of the legislature shall expire on
the first Tuesday after the first Monday in November in
each regular election year. Members of the senate and
house of representatives shall be elected as provided by
law. Any new county that may be created shall be en-
titled to (1) member in the house of representatives
in excess of any limit prescribed in the following sec-
tions of this article until the next reapportionment and
the county shall be assigned when created to a senatorial
district as determined by the legislature.

Section 2. Representation in the house of representa-
tives.-Representation in the house of representatives of
the Florida legislature shall be apportioned among the
several counties of the state as follows: Each county
shall be entitled to one representative and to one addi-
tional representative for each representative ratio or ma-
jor fraction thereof. The representative ratio shall be the
quotient obtained by dividing the population of the state
according to the latest federal census by the number
of counties.
Section 3. Representation in the senate.-The senate
of the Florida legislature shall be composed of one (1)
senator from each of the several counties of the state.
Section 4. State census.-The last preceding decennial
federal census shall also be the state census and shall
control in all population acts and constitutional appor-
tionments, unless otherwise ordered by the legislature.
-was taken up, having been read a second time and
amended today, and now pending on motion by Mr.
Mathews of Duval to adopt an amendment, which amend-
ment reads as follows:
In Section 2 strike out: the entire section and insert
the following in lieu thereof: Section 2. House of repre-
sentatives.-Representation in the house of representa-
tives of the Florida legislature shall be apportioned

among the several counties of the state according to
population based upon a percentage which the total ratio
population of the respective county bears to the total
population of the state according to the latest federal
decennial census.
Each county shall have one (1) representative for each
fraction of one per cent (1%) and an additional repre-
sentative for each whole per cent based upon its total
population ratio to the total state population. The house
membership shall not be less than one hundred (100)
and not more than one hundred sixty-six (166).
The question recurred on the adoption of the amend-
ment. Pending consideration thereof-
Mr. Strickland of Citrus offered the following substitute
amendment to House Joint Resolution No. 25-X:
Strike out: all of Section 2 and insert the following in
lieu thereof: Section 2. The representation of the people
of the state in the house of representatives of the state
shall from and after the 6th day of November, A. D., 1962,
be apportioned as hereinafter set forth in this section.
There shall be two hundred and twenty-three (223)
members of the house of representatives to be appor-
tioned among the several counties as follows, to-wit:

Alachua shall have two (2); Baker shall have one (1);
Bay shall have two (2); Bradford shall have one (1);
Brevard shall have four (4); Broward shall have fourteen
(14); Calhoun shall have one (1); Charlotte shall have
one (1); Citrus shall have one (1); Clay shall have one
(1); Collier shall have one (1); Columbia shall have one
(1); Dade shall have forty-two (42); DeSoto shall have
one (1); Dixie shall have one (1); Duval shall have
twenty-one (21); Escambia shall have six (6); Flagler
shall have one (1); Franklin shall have one (1); Gadsden
shall have two (2); Gilchrist shall have one (1); Glades
shall have one (1); Gulf shall have one (1); Hamilton
shall have one (1); Hardee shall have one (1); Hendry
shall have one (1); Hernando shall have one (1);
Highlands shall have one (1); Hillsborough shall have
eighteen (18); Holmes shall have one (1); Indian River
shall have one (1); Jackson shall have two (2); Jefferson
shall have one (1); Lafayette shall have one (1); Lake
shall have two (2); Lee shall have two (2); Leon shall
have two (2); Levy shall have one (1); Liberty shall

44

Mr. Speaker
Allsworth
Anderson
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Chiles
Cleveland
Costin
Craig
Crews
Daniel
Ducker
Eldredge
Erickson

AUGUST 9, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

have one (1); Madison shall have one (1); Manatee shall
have two (2); Marion shall have two (2); Martin shall
have one (1); Monroe shall have two (2); Nassau shall
have one (1); Okaloosa shall have two (2); Okeechobee
shall have one (1); Orange shall have ten (10); Osceola
shall have one (1); Palm Beach shall have eight (8);
Pasco shall have two (2); Pinellas shall have sixteen
(16); Polk shall have seven (7); Putnam shall have two
(2); Santa Rosa shall have one (1); Sarasota shall have
two (2); Seminole shall have two (2); St. Johns shall
have two (2); St. Lucie shall have two (2); Sumter shall
have one (1); Suwannee shall have one (1); Taylor shall
have one (1); Union shall have one (1); Volusia shall
have four (4); Wakulla shall have one (1); Walton shall
have one (1); Washington shall have one (1).

Mr. Strickland moved the adoption of the substitute
amendment.

Pending consideration thereof-

i Mr. Turlington, of Alachua offered the following
amendment to the Substitute Amendment to House Joint
Resolution No. 25-X:

Following the word "Alachua" strike out: "2" and
insert the following in lieu thereof: "3".

Mr. Turlington moved the adoption of the amendment
to the substitute amendment.

A roll call was ordered.

When the vote was taken on the adoption of the amend-
ment to the substitute amendment, the result was:

Yeas:

Karl
Knowles
Lancaster
Land
Liles
Mann
Marshburn

Eldredge
Frederick
Fuqua
Griffin,J.J.,Jr.
Hill
Hollahan
Holley
Home
Hosford
Inman
Johnson
Jones
Livingston
Loeffler
Markham
Mathews, J.

Roberts, E. S.
Russell
Ryan
Scott. B. J.
Scott, W. R.
Smith, R. J.
Sweeny

Matthews, C.
Mattox
McAlpin
McClain
McDonald
Miner
Mitchell
Nash
Nelson
Nichols
O'Neill
Peavy
Peeples
Pruitt
Roberts, C. A.
Rowell

Thomas, J.
Turlington
Walker
Whitaker

Russ
Saunders, J. A.
Saunders, S. D.
Sims
Smith, K.
Smith, S. C.
Stallings
Stone
Strickland
Thomas,A.J.,Jr.
Vocelle
Wadsworth
Westberry
Williams, J. J.
Williams, R.
Wise

Yeas-25

Nays-64

The motion was not agreed to and the amendment to
the substitute amendment was not adopted.

The question recurred on the adoption of the substitute
amendment.

A roll call was ordered.

When the vote was taken on the substitute amendment
offered by Mr. Strickland, the result was:

Yeas:
Askew
Beck
Byrom
Chiles
Costin
Craig
Crews
Nays:
Mr. Speaker
Allsworth
Anderson
Arrington
Askins
Bass
Bedenbaugh
Bennett
Boyd
Carter
Chaires
Cleveland
Ducker
Eldredge
Erickson
Fagan
Frederick

Daniel
Hollahan
Hosford
Johnson
Lancaster
Marshburn
Mathews, J.

Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hill
Holley
Home
Inman
Jones
Karl
Knowles
Land
Liles
Livingston
Loeffler
Mann
Markham
Mattox

45

Peavy
Reedy
Roberts, E. S.
Sims
Smith, K.
Stone
Strickland

McAlpin
McClain
McDonald
Miner
Mitchell
Nelson
Nichols
O'Neill
Papy
Peeples
Pruitt
Roberts, C. A.
Rowell
Russ
Russell
Ryan
Saunders, J. A.

Thomas, J.
Wadsworth
Whitaker
Williams, R.
Wise

Saunders, S. D.
Scott. B. J.
Scott, W. R.
Smith, R. J.
Smith, S. C.
Stallings
Sweeny
Thomas,A.J.,Jr.
Turlington
Vocelle
Walker
Westberry
Williams, J. J.

Yeas-26
Nays-64
Mr. Matthews of Dade was given unanimous consent
to be recorded as voting "Nay".
The motion was not agreed to and the substitute amend-
ment was not adopted.
The question recurred on the adoption of the amend-
ment offered by Mr. Mathews of Duval.
Pending consideration thereof-
Messrs. Williams and Sims, of Jackson and Mathews
of Duval offered the following amendment to the amend-
ment to House Joint Resolution No. 25-X:
In Section 2, at the end thereof, strike out: the period
(.) and insert the following in lieu thereof: "; provided
that until the general election in 1964 no county shall
have fewer representatives than it would have been
entitled to under the Constitution of 1885, as amended in
1924."
Mr. Williams of Jackson moved the adoption of the
amendment to the amendment.
The motion was agreed to and the amendment to the
amendment was adopted.
The question recurred on the adoption of the amend-
ment, as amended.
Pending consideration thereof-
Messrs. Arrington and Inman, of Gadsden offered the
following substitute amendment to House Joint Resolu-
tion No. 25-X:

In Section 2, strike out: the entire Section and insert
the following in lieu thereof:

Section 2: House of Representatives-Representation
in the house of representatives of the Florida legislature
shall be apportioned among the several counties of the
state as follows:

Each county with a population of less than forty
thousand (40,000) shall be entitled to one (1) representa-
tive.

Each county with a population from forty thousand

Mr. Speaker
Allsworth
Boyd
Chaires
Crews
Erickson
Fagan
Nays:
Anderson
Arrington
Askew
Askins
Ayers
Bass
Bedenbaugh
Bennett
Byrom
Carter
Chiles
Cleveland
Costin
Craig
Daniel
Ducker

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 9, 1962

(40,000) to one hundred thousand (100,000) shall be
entitled to two (2) representatives.
Each county having a population of one hundred
thousand (100,000) or more shall have one (1) representa-
tive for each fraction of one per cent (1%) and an
additional representative for each whole per cent based
upon its total population ratio to the total state popula-
tion; provided that until the General election in 1964 no
county shall have fewer representatives than it would
have been entitled to under the Constitution of 1885, as
amended in 1924.
Mr. Arrington moved the adoption of the substitute
amendment.
The motion was not agreed to and the substitute
amendment was not adopted.
The question again recurred on the adoption of the
amendment by Mr. Mathews of Duval, as amended.
A roll call was ordered.
When the vote was taken on the adoption of the
amendment, as amended, the result was:
Yeas:

In Section 3, strike out: entire section and insert the
following in lieu thereof: "The senate of the Florida
legislature shall be composed of thirty eight (38) Sena-
torial Districts, such Districts to be as nearly equal in
population as practicable, but no county shall be divided
in making such apportionment, and each' district shall
have one Senator."
Pending consideration thereof-
Messrs. Ryan of Broward and Matthews of Dade offered
the following amendment to the amendment to House
Joint Resolution No. 25-X:

Following the words "as nearly equal in population as
practicable," strike out: "but no county shall be divided
in making such apportionment,"

Mr. Ryan moved the adoption of the amendment to the
amendment.

A roll call was ordered

When the vote was taken on the adoption of the amend-
ment to the amendment, the result was:
Yeas:

Allsworth
Askew
Boyd
Chiles
Costin
Eldredge
Frederick
Griflin,B.H.,Jr.
Hollahan
Nays:
Mr. Speaker
Anderson
Arrington
Askins
Ayers
Bass
Bedenbaugh
Bennett
Byrom
Carter
Chaires
Cleveland
Craig
Crews
Daniel
Yeas-33
Nays-60

Karl
Knowles
Liles
Mann
Markham
Mathews, J.
Matthews, C.
Miner
Nash

Ducker
Erickson
Fagan
Fuqua
Griffin,J.J.,Jr.
Hill
Holley
Horne
Hosford
Inman
Johnson
Jones
Lancaster
Land
Livingston

Peeples
Pruitt
Roberts, E. S.
Ryan
Scott. B. J.
Scott, W. R.
Sims
Smith, R. J.
Stone

Loeffler
Marshburn
Mattox
McAlpin
McClain
McDonald
Mitchell
Nelson
Nichols
O'Neill
Papy
Peavy
Reedy
Roberts, C. A.
Rowell

Thomas,A.J.,Jr.
Thomas, J.
Vocelle
Walker
Westberry
Williams, R.

Russ
Russell
Saunders, J. A.
Saunders, S. D.
Smith, K.
Smith, S. C.
Stallings
Strickland
Sweeny
Turlington
Usina
Wadsworth
Whitaker
Williams, J. J.
Wise

Allsworth
Ducker
Erickson
Hollahan
Holley
Johnson
Karl
Nays:
Mr. Speaker
Anderson
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Chiles
Cleveland
Costin
Yeas-25
Nays-67

Knowles
Liles
Loeffler
Mann
Mathews, J.
Matthews, C.
Miner

Craig
Crews
Daniel
Eldredge
Fagan
Frederick
Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hill
Horne
Hosford
Inman
Jones
Lancaster
Land
Livingston

Nelson
Peavy
Pruitt
Roberts, E. S.
Russell
Ryan
Smith, R. J.

Markham
Marshburn
Mattox
McAlpin
McClain
McDonald
Mitchell
Nash
Nichols
O'Neill
Papy
Peeples
Reedy
Roberts, C. A.
Rowell
Russ
Saunders, J. A.

Thomas, J.
Usina
Vocelle
Westberry

Saunders, S. D.
Scott. B. J.
Scott, W. R.
Sims
Smith, K.
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Turlington
Wadsworth
Walker
Whitaker
Williams, J. J.
Williams, R.
Wise

The motion was not agreed to and the
amended, was not adopted.

amendment, as

Mr. McClain moved that the House now reconsider the
vote by which the amendment, as amended, failed.
Pending consideration thereof-
Mr. O'Neill moved that the motion to reconsider be
laid on the table.
The motion was agreed to and the motion to reconsider
was laid on the table.
Mr. Jones moved that the House reconsider the vote
by which the amendment offered by Mr. Whitaker to
House Joint Resolution No. 25-X failed this morning.
The motion was agreed to and the vote by which the
amendment by Mr. Whitaker to House Joint Resolution
No. 25-X failed, was reconsidered.
The question recurred on the adoption of the amend-
ment, which amendment reads as follows:

The motion was not agreed to and the amendment to the
amendment was not adopted.
The question again recurred on the adoption of the
amendment by Mr. Whitaker.
A roll call was ordered.
When the vote was taken on the adoption of the amend-
ment, the result was:
Yeas:

Mr. Speaker
Allsworth
Arrington
Askew
Askins
Ayers
Bass
Bedenbaugh
Bennett
Boyd
Byrom
Chiles

Cleveland
Craig
Daniel
Eldredge
Fagan
Frederick
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Home
Johnson
Jones
Karl

Knowles
Mann
Mathews, J.
Mattox
McClain
Miner
Mitchell
O'Neill
Pruitt
Reedy
Russ
Ryan

Saunders, J. A.
Smith, S. C.
Stone
Sweeny
rurlington
Usina
Vocelle
Westberry
Whitaker

46

AUGUST 9, 1962

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Hosford
Inman
Lancaster
Land
Liles
Livingston
Loeffler
Markham
Marshburn
Matthews, C.
McAlpin
McDonald

Nash
Nelson
Nichols
Papy
Peavy
Peeples
Roberts, C. A.
Rowell
Russell
Saunders, S. D.
Scott. B. J.
Scott, W. R.

Sims
Smith, K.
Smith, R. J.
Stallings
Strickland
Thomas,A.J.,Jr.
Thomas, J.
Wadsworth
Walker
Williams, J. J.
Williams, R.
Wise

Nays-48
Mr. Roberts of Palm Beach was given unanimous consent
to be recorded as voting "yea".
The motion was not agreed to and the amendment was
not adopted.
The amendment offered by Mr. Thomas of Palm Beach
and temporarily deferred this morning was taken up, which
amendment reads as follows:
In Sections 1, 2, 3 and 4, following the words "apportion-
ment and census" strike out: Entire Sections 1, 2, 3 and 4
and insert the following in lieu thereof: Section 1. Repre-
sentation in the house of representatives shall be one hun-
dred twenty-five (125) members apportioned among the
several counties of the state. Each of the several counties
shall have one (1) representative. The remaining fifty-
eight (58) seats shall be apportioned to those counties with
a population in excess of thirty thousand (30,000).
The population in excess of thirty thousand (30,000) in
each of said counties shall be totaled and this total shall
be divided into each county's excess population to derive
a population factor.
This population factor shall be multiplied by fifty-eight
(58), and each county, based on its proportionate percent-
age, shall receive one (1) additional representative for
each whole number. Any remaining seats shall be allocated
one (1) each to a county with priority given to that county
having the highest fraction of a whole number and descend-
ing to the counties having the next highest fractions until
all seats are allocated.
Section 2. Pursuant to section 1 of this act there shall
be one hundred twenty-five (125) members of the house of
representatives apportioned among the several counties
under the population factor method according to the latest
official federal decennial census as follows:

Dade
Duval
Hillsborough
Pinellas
Broward
Orange
Palm Beach
Polk
Escambia
Volusia
Brevard

1+
1+
1+
1+
1+
1+
1+
1+
1+
1+
1+

POPULATION
FACTOR
14
7
6
5
5
4
3
3
2
2
1

Nays:
Anderson
Beck
Carter
Chaires
Costin
Crews
Ducker
Erickson
Fuqua
Hill
Hollahan
Holley
Yeas-45

Summer

TOTAL DeSoto
15 Washington
8 Hernando
7 Holmes
6 Levy
6 Gulf
5 Jefferson
4 Citrus
4 Hendry
3 Hamilton
3 Calhoun
2 Baker

1 2 Franklin 1

Leon
Alachua
Manatee
Bay
Okaloosa
Lake
Seminole
Lee
Marion
Monroe
Gadsden
St. Lucie
Pasco
Jackson
Putnam
St. Johns
Santa Rosa
Indian River
Highlands
Columbia
Clay
Osceola
Nassau
Martin
Collier
Walton
Suwannee
Madison
Taylor
Charlotte
Bradford
Hardee

47

1
1
1
1
1

1+
1+
1+
1+
1+
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1

2
2
2
2
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1

FIRST
COUNTY ALLOCATION

Sarasota 1+

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 9, 1962

1 1 Messrs. Hollahan and Matthews of Dade and Ryan of
Broward offered the following amendment to House Joint
1 1 Resolution No. 25-X:

Section 3. The legislature shall reapportion the repre-
sentation in the house of representatives at the 1971
regular session of the legislature and every ten (10)
years thereafter based upon the preceding latest federal
decennial census.
In the event the legislature shall fail to reapportion
the representation as required by this act, the governor
shall call the legislature together in extraordinary ses-
sion to consider the question of reapportionment, and such
extraordinary session shall mandatorily be required to
reapportion its membership before adjournment, and such
extraordinary session so called shall not expire until re-
apportionment is effected and shall consider no business
other than reapportionment.
Section 4. (1) The certificates of nomination of quali-
fied candidates for the house of representatives duly nom-
inated in the primaries of 1962 are hereby confirmed and
ratified and shall be placed on the ballot in the general
election of November, 1962, except in those counties where
representation is reduced a special primary shall be held
as provided in section 4(2).
(2) Special primary elections shall be called by the
governor for selecting nominees of recognized political
parties as candidates in the November, 1962 general elec-
tion for the offices created by the provisions of this act,
except that no such primary shall be necessary for the
selection of party nominees who have been duly nomi-
nated in the primaries of 1962 for their respective posi-
tions in the house of representatives. Said primaries shall
be called as soon as practicable and conducted as pro-
vided by law.
The question then recurred on the adoption of the
amendment.
Pending consideration thereof-
Mr. Thomas of Palm Beach offered the following amend-
ment to the Amendment to House Joint Resolution No.
25-X:
In Section 4, Sub-section (1), following the words
"November, 1962," strike out: "except in those counties
where representation is reduced a special primary shall
be held as provided in section 4(2)." and insert the fol-
lowing in lieu thereof: "provided that until the general
election in 1964 no county shall have fewer representa-
tives than it would have been entitled to under the Con-
stitution of 1885 as amended in 1924."
Mr. Thomas of Palm Beach moved the adoption of the
amendment to the amendment.
The motion was agreed to and the amendment to the
amendment was adopted.
The question then recurred on the adoption of the
amendment, as amended.
The motion was not agreed to and the amendment, as
amended, was not adopted,

48

Okeechobee
Union
Wakulla
Flagler
Dixie
Liberty
Glades
Lafayette
Gilchrist

1
1
1
1
1
1
1

Strike out: Section 3. and insert the following in
lieu thereof: "Section 3. Apportionment of representa-
tion in senate and house of representatives.-The Legis-
lature that shall meet in regular session A.D. 1925,
and those that shall meet every ten (10) years
thereafter, shall apportion the representation in the sen-
ate, and shall provide for thirty-eight (38) senatorial dis-
tricts, such districts to be as nearly equal in population
as practicable, but no county shall be divided in making
such apportionment and each district shall have one (1)
senator; except that those districts whose population at
the last federal census exceeds four hundred thousand
(400,000) shall have two (2) senators and those districts
having a population in excess of one million (1,000,000)
shall have three (3) senators. In any senatorial district
composed of a single county and divided by a congres-
sional district line having more than one (1) senator the
candidates will qualify for election in groups. The candi-
dates for the odd numbered groups must reside north or
west of the district line and the even numbered groups
must reside south or east of the district line. All candi-
dates, however, will be subject to election in the district
at large."
Mr. Hollahan moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Mr. Hollahan moved that the House now reconsider
the vote by which the amendment was adopted.
Pending consideration thereof-
Mr. Matthews of Dade moved that the motion to
reconsider be laid on the table.
The motion was agreed to and the motion to reconsider
was laid on the table.
Mr. O'Neill moved that the rules be waived and House
Joint Resolution No. 25-X, as amended, be read a third
time in full and placed upon its passage.
The motion was agreed to by a two-thirds vote and
House Joint Resolution No. 25-X, as amended, was read
a third time in full.
When the vote was taken on the passage of the joint
resolution, which now reads as follows:
H. J. R. No. 25-X-A Joint Resolution proposing an
amendment to Article VII of the Constitution of the
State of Florida, providing for apportionment of the
Florida Legislature; providing for a state census.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Article VII of the
Constitution of Florida is agreed to and shall be sub-
mitted to the electors of this state for ratification or rejec-
tion at the general election to be held in November, 1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legis-
lature of the state of Florida shall consist of a senate and
a house of representatives. Members of the senate shall
be elected for a term of four (4) years and members of
the house shall be elected for a term of two (2) years.
The term of members of the legislature shall expire on the
first Tuesday after the first Monday in November in each
regular election year. Members of the senate and house
of representatives shall be elected as provided by law.
Any new county that may be created shall be entitled
to one (1) member in the house of representatives in ex-

AUGUST 9, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

cess of any limit prescribed in the following sections of
this article until the next reapportionment and the county
shall be assigned when created to a senatorial district as
determined by the legislature.
Section 2. Representation in the house of representa-
tives.-Representation in the house of representatives of
the Florida legislature shall be apportioned among the
several counties of the state as follows: Each county shall
be entitled to one representative and to one additional
representative for each representative ratio or major
fraction thereof. The representative ratio shall be the
quotient obtained by dividing the population of the state
according to the latest federal census by the number of
counties; provided that until the general election in 1964
no county shall have fewer representatives than it would
have been entitled to under the Constitution of 1885, as
amended in 1924.
Section 3. Apportionment of representation in senate
and house of representatives.-The Legislature that shall
meet in regular session A.D. 1925, and those that shall
meet every ten (10) years thereafter, shall apportion the
representation in the senate, and shall provide for thirty-
eight (38) senatorial districts, such districts to be as
nearly equal in population as practicable, but no county
shall be divided in making such apportionment and each
district shall have one (1) senator; except that those dis-
tricts whose population at the last federal census exceeds
four hundred thousand (400,000) shall have two (2) sena-
tors and those districts having a population in excess of
one million (1,000,000) shall have three (3) senators. In
any senatorial district composed of a single county and
divided by a congressional district line having more than
one (1) senator the candidates will qualify for election
in groups. The candidates for the odd numbered groups
must reside north or west of the district line and the even
numbered groups must reside south or east of the district
line. All candidates, however, will be subject to election
in the district at large.
Section 4. State census.-The last preceding decennial
federal census shall also be the state census and shall
control in all population acts and constitutional apportion-
ments, unless otherwise ordered by the legislature.
-the result was:
Yeas:

Crews
Daniel
Eldredge
Fagan
Frederick
Fuqua
Griffin,B.H.,Jr.
Griffn,J.J.,Jr.
Hollahan
Home
Hosford
Inman
Johnson
Jones
Knowles
Liles

Lancaster
Land
Loeffler
Markham
Marshburn
McDonald
Miner
Nash

Livingston
Mann
Mathews, J.
Matthews, C.
Mattox
McAlpin
McClain
Mitchell
O'Neill
Peeples
Pruitt
Reedy
Roberts, E. S.
Rowell
Russ
Saunders, J. A.

Nichols
Papy
Peavy
Roberts, C. A.
Russell
Ryan
Saunders, S. D.
Scott. B. J.

Scott, W. R.
Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stone
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Vocelle
Westberry
Whitaker
Williams, R.

Stallings
Strickland
Wadsworth
Walker
Williams, J. J.
Wise

Yeas-63
Nays-30
Mr. Nelson was given unanimous consent to be recorded
as voting "Nay".

49

So House Joint Resolution No. 25-X passed, as amended,
by the required Constitutional three-fifths vote of all
Members elected to the Florida House of Representatives
and was ordered engrossed.
Mr. O'Neill moved that the House now reconsider the
vote by which House Joint Resolution No. 25-X, as
amended, passed.
Pending consideration thereof-
Mr. Daniel moved that the motion to reconsider be
laid on the table.
The motion was agreed to and the motion to reconsider
was laid on the table.
Mr. O'Neill moved that the rules be further waived and
House Joint Resolution No. 25-X, as amended, be im-
mediately certified to the Senate.
The motion was agreed to by a two-thirds vote and
House Joint Resolution No. 25-X, as amended, was ordered
immediately certified to the Senate after engrossment.
H. J. R. No. 30-X-A Joint Resolution proposing an
amendment to Article VII of the Constitution of the State
of Florida; providing for apportionment of the Florida
Legislature; providing for a state census.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Article VII of the
constitution of Florida is agreed to and shall be submitted
to the electors of this state for ratification or rejection at
the general election to be held in November 1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the Legislature.-The Legis-
lature of Florida shall consist of a Senate and a House of
Representatives. Members of the Senate shall be elected
for a term of four (4) years and members of the House of
Representatives shall be elected for a term of two (2)
years. The term of members of the Legislature shall expire
on the first Tuesday after the first Monday in November
of each regular election year. Members of the Senate and
of the House of Representatives shall be elected as pro-
vided by law. Any new county that may be created shall
be entitled to one (1) member of the House of Representa-
tives in excess of any limit prescribed in the following
sections of this article until the next reapportionment and
the county shall be assigned when created to a senatorial
district as determined by the Legislature.
Section 2. Senate.-The Legislature shall divide the
state into geographic areas to be known as senatorial dis-
tricts. The number of senatorial districts shall at all times
be equal to the number of congressional districts within
the state but the boundaries of the senatorial districts
may be different from the boundaries of the congres-
sional districts. The senate shall consist of three (3) mem-
bers from each such senatorial district and in addition
each municipality having a total population of fifty thou-
sand (50,000) according to the latest federal decennial
census shall have one (1) senator. The senatorial districts
shall be created so as to achieve equitable representation
among them and so that they are as nearly equal in popu-
lation as is practicable.
Where the population warrants it, any county may be
divided in creating a senatorial district. There shall be no
maximum limit to the number of counties that may be
joined together to form a senatorial district.
Upon the adoption of this amendment by the electors of
the state, the terms of all senators presently serving in
the Florida Legislature shall terminate. Thereupon, the
governor shall call a special election in the manner pro-
vided by law to elect the new Senate as described herein.

Mr. Speaker
Anderson
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chiles
Cleveland
Craig
Nays:
Allsworth
Chaires
Costin
Ducker
Erickson
Hill
Holley
Karl

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 9, 1962

At said special election the senators representing the even
numbered districts shall be elected for four (4) year
terms and the senators representing the odd numbered
districts shall be elected for a term of two (2) years.
Thereafter, all senators shall be elected for terms of four
(4) years.
Section 3. House of Representatives.-Each of the sev-
eral counties shall have one (1) representative for each
one per cent (1%) or major fraction of one per cent (1%)
of the total state population within the boundaries of said
county; provided, that each county shall have at least one
(1) representative.
The 1963 House of Representatives shall be composed
of the representatives elected pursuant to the constitu-
tion of 1885 as amended and of the additional representa-
tives as provided for herein.
Section 4. Legislative apportionment.-If this article is
ratified at the general election in November, 1962, the
Legislature shall be apportioned according to an appor-
tionment bill passed at the extraordinary session convened
in August, 1962, provided nothing in this amendment
shall prohibit any representative elected in the 1962 gen-
eral election pursuant to the constitution of 1885 as
amended from serving in said office for the term for which
he was elected and the additional legislative offices herein
created shall be filled by and at a special election to be
held in the affected counties or districts, as provided by
law, such elections to be held within one hundred twenty
(120) days after the effective date hereof.
The Legislature shall reapportion its representation in
accordance with this article in each general legislative ses-
sion following the federal decennial census. Such reappor-
tionment shall be based upon the preceding latest federal
decennial census.
In the event the Legislature shall fail to reapportion
the representation as required by this article, the governor
shall, within thirty (30) days after the adjournment of any
regular session, call the Legislature together in extra-
ordinary session to consider the question of reapportion-
ment, and such extraordinary session shall mandatorily
be required to reapportion its membership before ad-
journment, and such extraordinary session so called shall
not expire until reapportionment is effected and shall con-
sider no business other than reapportionment.
Section 5. State census.-The Legislature shall no long-
er be required to provide for an enumeration of the in-
habitants of the state. The last preceding decennial feder-
al census beginning with the federal census of 1950 shall
also be the state census and shall control in all population
acts and constitutional apportionments, unless otherwise
ordered by the Legislature.
-was taken up.
Mr. Matthews of Dade moved that House Joint Resolu-
tion No. 30-X be read a second time in full.
The motion was agreed to and House Joint Resolution
No. 30-X was read a second time in full.
The Select Committee on Apportionment offered the
following amendment to House Joint Resolution No.
30-X:
Strike out all of section 2 and insert the following in
lieu thereof: Section 2. Senate-The representation in
the senate of the Florida legislature shall consist of
forty-five (45) members, each representing a district.
Twenty-three (23) districts shall consist of the twenty-
three (23) most populous counties according to the
latest federal decennial census. Twenty-two (22) districts
shall be created from the remaining forty-four (44)
counties of the state with the view of effecting equitable
representation.
No county shall be divided in creating a district. No

county shall be separated from the remainder of the
district of which it is part by more than a county which
was formerly a part of said district as of 1962.
Mr. Chiles moved the adoption of the amendment.
Pending consideration thereof-
Mr. Daniel, of Lake offered the following substitute

amendment to House Joint Resolution No. 30-X:
Strike out all of Section 2 and insert the following in
lieu thereof:
Section 2. The senate of the Florida legislature shall
be composed of one (1) senator from each of the several
counties of the state.
Mr. Daniel moved the adoption of the amendment.
A roll call was ordered.
When the vote was taken on the adoption of the sub-
stitute amendment, the result was:
Yeas:

Mr. Speaker
Anderson
Beck
Byrom
Carter
Chaires
Costin
Crews
Daniel
Fagan
Nays:
Allsworth
Arrington
Askew
Askins
Bedenbaugh
Bennett
Boyd
Chiles
Cleveland
Craig
Ducker
Eldredge
Erickson

Fuqua
Hill
Hosford
Jones
Lancaster
Land
Livingston
Markham
Marshburn
McClain

Frederick
Griffin,B.H.,Jr.
Hollahan
Holley
Horne
Inman
Johnson
Karl
Knowles
Liles
Loeffler
Mann
Mathews, J.

McDonald Smith, K.
Nash Stallings
Nichols Strickland
Papy Thomas,A.J.,Jr.
Peavy Wadsworth
Reedy Walker
Roberts, C. A. Williams, J. J.
Rowell Williams, R.
Saunders, S. D. Wise
Sims

Mattox
Miner
Mitchell
Nelson
O'Neill
Peeples
Pruitt
Roberts, E. S.
Russ
Russell
Ryan
Saunders, J. A.
Scott. B. J.

Scott, W. R.
Smith, R. J.
Stone
Sweeny
Thomas, J.
Turlington
Usina
Vocelle
Westberry
Whitaker

Yeas-39
Nays-49
Mr. Matthews of Dade was given unanimous consent
to be recorded as voting "Nay".
Mr. Russ was given unanimous consent to change his
vote from "Nay" to "Yea".
The motion was not agreed to and the substitute
amendment was not adopted.
Mr. Chiles moved that the House reconsider the vote
by which the substitute amendment failed.
Pending consideration thereof-
Mr. Askew moved that the motion to reconsider be laid
on the table.
The motion was agreed to and the motion to reconsider
was laid on the table.
The question recurred on the adoption of the amend-
ment offered by the Select Committee on Apportionment.
Pending consideration thereof-
Mr. Home moved that the House now adjourn to re-
convene at 11:00 A.M. tomorrow.
The motion was agreed to.
Thereupon, at the hour of 4:09 P.M., the House stood
adjourned until 11:00 A.M. tomorrow.

50

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Friday, August 10, 1962

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

recorded present.
Mr. Speaker Fagan
Allsworth Frederick
Anderson Fuqua
Arrington Griffin,B.H.,Jr.
Askew Griffin,J.J.,Jr.
Askins Hill
Ayers Hollahan
Bass Holley
Beck Home
Bedenbaugh Hosford
Bennett Inman
Boyd Johnson
Byrom Jones
Carter Karl
Chaires Knowles
Chiles Lancaster
Cleveland Land
Costin Liles
Craig Livingston
Crews Loeffler
Daniel Mann
Ducker Markham
Eldredge Marshburn
Erickson Mathews, J.
A quorum present.
The following prayer was
Ware, Chaplain:

Matthews, C.
Mattox
McAlpin
McClain
McDonald
Miner
Mitchell
Nash
Nelson
Nichols
O'Neill
Papy
Peavy
Peeples
Pruitt
Reedy
Roberts, C. A.
Roberts, E. S.
Rowell
Russ
Russell
Ryan
Saunders, J. A.
Saunders, S. D.

Scott. B. J.
Scott, W. R.
Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stallings
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Vocelle
Wadsworth
Walker
Westberry
Whitaker
Williams, J. J.
Williams, R.
Wise

offered by the Reverend Melton

O God, who art the Father of all; grant Thy blessing
upon us who are gathered here, and upon those whom we
represent that are joined with us in one household of con-
cern throughout the state. We confess our need of Thy wis-
dom and we pray for Thy guidance during our delibera-
tions this day. Enable us to think clearly, to keep our
emotions in check and to act from pure motives. O Thou,
who art our guardian by night and our guide by day, pour
the light of Thy Spirit into our minds and hearts, that we
may discover what is Thy holy will. Help us to discern
the evil from the good and the true from the false. So
direct our coming and our going, our thinking and our
speaking, that we may end this day at peace with Thee,
with ourselves, and with our fellowman, to the glory of
Thy Holy Name, Amen.
CORRECTION OF THE JOURNAL
The Journal for Thursday, August 9, was ordered cor-
rected and as corrected was approved.
Mr. Chiles moved that the House honor Mr. Chaires by
singing "Happy Birthday."
The motion was agreed to and the Members of the House
joined in singing "Happy Birthday" to Mr. Chaires.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS AND MEMORIALS
By Messrs. Chappell of Marion and Home of Leon-
H. J. R. No. 56-X-A House Joint Resolution proposing
an amendment to Article III of the constitution of the
state of Florida, adding thereto Section 35.

51

BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Article III of the
constitution of Florida is agreed to and shall be sub-
mitted to the electors of this state for ratification or re-
jection at the general election to be held in November
1962:
ARTICLE III
LEGISLATIVE DEPARTMENT
Section 35. Judicial decrees, court orders, referendum
required.-When any court order, judgment, opinion or
decree is rendered by any court affecting the legislative
branch of government, which renders any part of this
section or any other section of the Constitution null, void,
inoperative and of no force and effect and substitutes a
court order for the legislative judgment of the duly con-
stitutionally elected representatives of the people, by
decreeing a plan of apportionment, which supersedes the
provision in the Constitution of Florida, the substance
and subject matter of such decree shall be submitted by
the next special or regular session of the legislature as
a proposed constitutional amendment, and submitted to
the people of Florida for ratification or rejection at a
general or special election. If a majority of the duly
qualified electors voting in such an election approve such
court plan, order or decree then such plan shall become
a part of the Constitution of this state. If rejected by
the electors it shall be of no force or effect on the citi-
zens and government of this state.
-was read the first time in full and referred to the
Select Committee on Judiciary.
CONSIDERATION OF MESSAGES FROM THE SENATE
The following message from the Senate was received
and read:
Tallahassee, Florida
August 10, 1962
The Honorable William V. Chappell, Jr.,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of
Representatives that the Senate has adopted-
By Senator Johnson-
Senate Concurrent Resolution No. 16-X(62)-
A CONCURRENT RESOLUTION PROVIDING FOR
A JOINT LEGISLATIVE ADVISORY COMMITTEE
ON APPORTIONMENT; PROVIDING THE MAN-
NER OF SELECTION OF THE MEMBERS THERE-
OF; PROVIDING POWERS AND DUTIES.
WHEREAS, the Supreme Court of the United States
has decreed that the federal courts may exercise juris-
diction in state apportionment matters, and
WHEREAS, the three-judge federal district court in
Florida has concluded that the constitutional and statu-
tory provisions relating to the apportionment of the Flor-
ida legislature are invidiously discriminatory, and

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 10, 1962

WHEREAS, the legislature of the state of Florida has
been convened for the purpose of providing a satisfactory
apportionment formula, and
WHEREAS, the legislature in special session assembled
is endeavoring to solve the apportionment problem of
the state of Florida, and
WHEREAS, it appears that irrespective of the appor-
tionment formula adopted by the legislature that this
question will require continued and diligent effort on the
part of all branches of state government in order to prop-
erly protect the rights of our citizens, and
WHEREAS, there exists a need for legislative delibera-
tion, guidance and assistance to coordinate and counsel
with those in whom is vested the responsibility of ini-
tiating and continuing action in this regard, and
WHEREAS, there exists a need for the legislature to
discharge responsibilities in furtherance of the litiga-
tion in which the state is involved as well as the possible
developments of the future, and
WHEREAS, in view of the critical circumstances in
which the state of Florida finds itself, NOW, THERE-
FORE,
BE IT RESOLVED BY THE SENATE OF THE STATE
OF FLORIDA, THE HOUSE OF REPRESENTATIVES
CONCURRING:
Section 1. There is hereby created a joint legislative
advisory committee on apportionment to be composed of
ten (10) members of the legislature to be appointed as
follows:
The President of the Senate shall appoint five (5)
members of the -Senate; the Speaker of the House of
Representatives shall appoint five (5) members of the
House of Representatives; such appointments shall be
made as soon as practical after this resolution shall be-
come effective.
When said appointments have been made the commit-
tee shall meet and elect a chairman and vice-chairman
and organize in such a manner as shall be compatible
to the prompt dispatch of the business of the committee.
The members of the committee shall serve at the pleasure
of the officer making the appointment. Vacancies shall be
filled by the officer appointing the vacating member.
Section 2. The committee shall have the duty to estab-
lish liaison, counsel and advise with the other members
of the legislature, the executive, as well as the judicial
branches of government in all matters relating to the
complete and satisfactory apportionment of the Florida
legislature.
The committee shall have the authority to assemble
such data as is deemed necessary, to employ counsel
and other persons necessary to carry out its functions
and to take such other proper and necessary action as
required to carry out its purposes and objectives.
Section 3. All expenses incident to the above shall be
paid out of general legislative appropriations provided in
section 11.12, Florida Statutes, and millage and per diem
of committee members shall be paid at the rate provid-
ed in Section 112.106, Florida Statutes, by the State
Treasurer upon warrant drawn by the State Comptroller.
-and respectfully requests the concurrence of the
House therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Concurrent Resolution No. 16-X(62), con-
tained in the above message, was read the first time in full
and referred to the Select Committee on Judiciary.

REPORT OF THE COMMITTEE ON RULES AND
CALENDAR
The following report of the Committee on Rules & Cal-
endar was read:
Tallahassee, Florida
August 10, 1962
Honorable William V. Chappell, Jr.
Speaker of the House of Representatives
Sir:
Your Committee on Rules & Calendar begs leave to re-
port that pursuant to Rule Eight, Section 16 of the Rules
of the 1961 House of Representatives, the following special
order calendar for August 10, 1962, is submitted.
Immediately following the daily order of matters on re-
consideration, the House shall consider as a special order
of business the following resolution:
H.J.R. No. 30-X
The vote of the committee was as follows:
Ayes: Messrs. Arrington, Chaires, Fagan, Lancaster,
Livingston, Rowell, Stone, Strickland, Sweeny, Westberry,
Boyd, and Home.
Nays: None.
Absent: Messrs. Chiles, Cleveland, Crews, Daniel, Fuqua,
O'Neill, Papy, Scott, and Whitaker.
Respectfully submitted,
MALLORY E. HORNE, Chairman
Committee on Rules & Calendar
SPECIAL ORDER FOR FRIDAY, AUGUST 10
Without objection, consideration of House Joint Resolu-
tion No. 30-X was temporarily deferred.
Mr. Russ was given unanimous consent to change his
vote from "Nay" to "Yea" on the substitute amendment by
Mr. Daniel to House Joint Resolution No. 30-X yesterday.
ENGROSSING REPORTS
August 9, 1962
Your Engrossing Clerk to whom was referred-
House Memorial No. 18-X-
-with amendments, reports the amendments have been
incorporated in the measure and the same has been care-
fully examined, correctly engrossed and is herewith re-
turned.
IRMA LINN
Engrossing Clerk
-and House Memorial No. 18-X was ordered immediately
certified to the Senate.
August 9, 1962
Your Engrossing Clerk to whom was referred-
House Joint Resolution No. 25-X-
-with amendments, reports the amendments have been
incorporated in the measure and the same has been care-
fully examined, correctly engrossed and is herewith re-
turned.
IRMA LINN
Engrossing Clerk
-and House Joint Resolution No. 25-X was ordered im-
mediately certified to the Senate.
Mr. Horne moved that the House now stand in recess until
12:30 P. M. today.
The motion was agreed to.

52

Thereupon, at the hour of 11:36 A. M., the House stood
in recess until 12:30 P. M. today.
AFTERNOON SESSION
The House reconvened at 12:30 P.M.
THE SPEAKER IN THE CHAIR.

The roll was taken and the following
recorded present:

Mr. Speaker
Allsworth
Anderson
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Chiles
Cleveland
Costin
Craig
Crews
Daniel
Ducker
Eldredge
Erickson

Fagan
Frederick
Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hill
Hollahan
Holley
Home
Hosford
Inman
Johnson
Jones
Karl
Knowles
Lancaster
Land
Liles
Livingston
Loeffler
Mann
Markham
Marshburn
Mathews, J.

Matthews, C.
Mattox
McAlpin
McClain
McDonald
Miner
Mitchell
Nash
Nelson
Nichols
O'Neill
Papy
Peavy
Peeples
Pruitt
Reedy
Roberts, C. A.
Roberts, E. S.
Rowell
Russ
Russell
Ryan
Saunders, J. A.
Saunders, S. D.

Members were

Scott. B. J.
Scott, W. R.
Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stallings
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Vocelle
Wadsworth
Walker
Westberry
Whitaker
Williams, J. J.
Williams, R.
Wise

A quorum present.
CONSIDERATION OF MESSAGES FROM THE SENATE
The following message from the Senate was received
and read:
Tallahassee, Florida
August 10, 1962
The Honorable William V. Chappell, Jr.,
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 Senator Ripley-
S. B. No. 13-X(62)- A Bill to be entitled An Act
appropriating fifty thousand dollars ($50,000.00) emer-
gency reserve fund to be released as needed by the bud-
get commission for court expenses in connection with
litigation concerning reapportionment; providing an ef-
fective date.
-and respectfully requests the concurrence of the
House therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Bill No. 13-X, contained in the above mes-
sage, was read the first time by title and referred to the
Select Committee on Judiciary.

The Speaker announced the House would stand in infor-
mal recess until 1:30 P. M. today.

Thereupon, at the hour of 12:35 P. M., the House stood
in recess until 1:30 P. M. today.

The House reconvened at 1:30 P. M.
THE SPEAKER IN THE CHAIR
The roll was taken to determine the presence of a quorum.

53

A quorum of 94 Members present.
Mr. Mitchell moved that the rules be waived and the
House revert to the order of Introduction and Reference
of House Bills, Joint Resolutions, House Resolutions, Con-
current Resolutions, and Memorials.
The motion was agreed to by a two-thirds vote, and it
was so ordered.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS, AND MEMORIALS
By The Select Committee on Judiciary-
H. C. R. No. 57-X- A Concurrent Resolution
providing for the appointment of a legislative interim com-
mittee to be known as the Florida sovereignty committee;
providing for its powers and duties; providing for the pay-
ment of expenses incurred by the committee from the legis-
lative expense appropriation.
WHEREAS, the recent course of events in the federal
judiciary system has resulted in the creation of a chaotic
situation, and
WHEREAS, in particular, the action taken by the United
States Supreme Court in the area of state reapportionment
has set a dangerous trend, and
WHEREAS, this trend has been blindly followed by the
lower federal courts resulting in an invasion of state sov-
ereignty, and
WHEREAS, this federal judicial action has culminated
in the striking down of provisions of state constitutions and
statutory laws, and
WHEREAS, as a result of the chaotic situation so created,
the Speaker of the House of Representatives did appoint the
House Select Judiciary Committee to inquire into the nature
and status of the federal-state relationship, and
WHEREAS, this committee did hold hearings and re-
ceive testimony from extensive authorities in the field, and
WHEREAS, it became apparent from such testimony that
the problem of federal encroachment on state sovereignty
is a concern of all the states and that the resentment of the
states is deepseated, and
WHEREAS, it was the consensus of these authorities
that the state of Florida through the appointment and en-
deavors of this committee had made a real beginning to-
ward the correction of the problem and had taken the lead
among the states, and
WHEREAS, it is in the best interest of the people of the
state of Florida that the progress toward the solution of
the problem which has been attained shall not be lost, NOW,
THEREFORE,
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA, THE SENATE
CONCURRING:
Section 1. There is created a legislative interim com-
mittee to be known as the Florida Sovereignty Committee
consisting of twenty (20) members, nine (9) of whom shall
be appointed from the membership of the senate by the
President thereof, and eleven (11) shall be appointed from
the membership of the House of Representatives by the
Speaker. The members of said committee shall serve as such
until discharged by the President of the Senate and the
Speaker of the House of Representatives upon the receipt
of their report at the regular 1963 session of the legislature.
Section 2. It shall be the duty of the committee to make
inquiry and investigation into the federal-state relationship
resulting from orders, decisions and decrees of the federal

AUGUST 10, 1962

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 10, 1962

judiciary which have encroached upon the sovereignty of
the several states and that of the state of Florida, in partic-
ular. Such inquiry and investigation shall be conducted with
the purpose of reporting to this legislature its findings and
making its recommendations for the correction or solution
of the problem.
Section 3. The committee is authorized:
(1) To collect such data as may seem feasible, necessary
and informative from the appropriate authorities of simi-
larly affected states and such other sources as may be
available to the committee.
(2) To cooperate with appropriate authorities of other
states to the fullest extent possible to the end that a balance
of power between the United States Government and the
several states of the Union be restored to its original con-
ception.
(3) To engage clerical and other necessary assistants,
purchase supplies and equipment, authorize traveling ex-
penses and to incur such other expenditures as may be
necessary or feasible in making the study and report.
Section 4. The expenses authorized herein shall be paid
from the legislative appropriation as provided by law.
Section 5. The committee shall report to the 1963 legisla-
ture the findings and results of its investigations and make
recommendations for the correction and solution of the
problem and the prevention of further encroachment upon
the sovereign rights of the several states.
-was read the first time in full.
Mr. Karl raised the point of order that House Con-
current Resolution No. 57-X appeared to constitute Legis-
lative business other than that for which the Legislature
was especially convened and would require a two-thirds
vote by the House for introduction.
The Speaker ruled the point not well taken, and that
House Concurrent Resolution No. 57-X did constitute
Legislative business for which the Legislature was espe-
cially convened.
Mr. Mitchell moved that the rules be waived and House
Concurrent Resolution No. 57-X be read a second time
in full.
The motion was not agreed to by a two-thirds vote,
and House Concurrent Resolution No. 57-X was not read
a second time in full.
And House Concurrent Resolution No. 57-X was order-
ed placed on the Calendar without reference on second
reading.
By Mr. Mitchell of Leon-
H. B. No. 58-X-A bill to be entitled An Act relating
to the capitol building committee; amending section 7 of
chapter 61-200, laws of Florida; providing a report to
the governor and the legislature; providing an appro-
priation therefore; providing an effective date.
The Speaker ruled that the introduction and considera-
tion of House Bill No. 58-X would constitute Legislative
business other than that for which the Legislature was
especially convened.
Mr. Mitchell moved that this House determine that it
shall transact the Legislative business of the introduc-
tion and consideration of House Bill No. 58-X.
The motion was not agreed to by the required Consti-
tutional two-thirds vote, and House Bill No. 58-X was
not admitted for introduction and consideration by the
House.

A question was raised as to what majority would be
necessary for the House to amend a Senate amendment
to a House Joint Resolution, and what majority would be
necessary for the House to concur in a Senate amend-
ment to a House Joint Resolution proposing an amend-
ment to the State Constitution.
The Speaker ruled that a Senate amendment to a House
Joint Resolution could be amended by the House by a
majority vote; however, a concurrence by the House in
a Senate amendment to a House Joint Resolution propos-
ing an amendment to the State Constitution would re-
quire a three-fifths vote of all Members elected to the
House; and that further, it would require the same three-
fifths vote of all Members elected to the House to pass a
House Joint Resolution after concurrence in the Senate
amendment.
CONSIDERATION OF MESSAGES FROM THE SENATE
The following message from the Senate was received
and read:
Tallahassee, Florida

The Honorable William V. Cl/oppj II, Jr.
Speaker of the House of Representatives

August 10, 1962

Sir:
I am directed by the Senate to inform the House of Rep-
resentatives that the Senate has passed as amended-
By the required constitutional three-fifths vote of all
members elected to the Senate for the 1962 extraordinary
Session of the Florida Legislature:
House Joint Resolution No. 25-X-
A JOINT RESOLUTION PROPOSING AN AMEND-
MENT TO ARTICLE VII OF THE CONSTITUTION OF
THE STATE OF FLORIDA, PROVIDING FOR APPOR-
TIONMENT OF THE FLORIDA LEGISLATURE; PRO-
VIDING FOR A STATE CENSUS.
Be It Resolved by the Legislature of the State of Florida:
That the following amendment of Article VII of the
Constitution of Florida is agreed to and shall be submitted
to the electors of this state for ratification or rejection at
the general election to be held in November, 1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legisla-
ture of the state of Florida shall consist of a senate and
a house of representatives. Members of the senate shall be
elected for a term of four (4) years and members of the
house shall be elected for a term of two (2) years. The term
of members of the legislature shall expire on the first Tues-
day after the first Monday in November in each regular
election year. Members of the senate and house of repre-
sentatives shall be elected as provided by law. Any new
county that may be created shall be entitled to one (1)
member in the house of representatives in excess of any
limit prescribed in the following sections of this article
until the next reapportionment and the county shall be as-
signed when created to a senatorial district as determined
by the legislature.
Section 2. Representation in the house of representa-
tives.-Representation in the house of representatives of
the Florida legislature shall be apportioned among the
several counties of the state as follows: Each county shall
be entitled to one representative and to one additional rep-
resentative for each representative ratio or major fraction
thereof. The representative ratio shall be the quotient ob-
tained by dividing the population of the state according to

54

AUGUST 10, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

the latest federal census by the number of counties; pro-
vided that until the general election in 1964 no county shall
have fewer representatives than it would have been entitled
to under the Constitution of 1885, as amended in 1924.
Section 3. Apportionment of representation in senate
and house of representatives.-The Legislature that shall
meet in regular session A.D. 1925, and those that shall
meet every ten (10) years thereafter, shall apportion the
representation in the senate, and shall provide for thirty-
eight (38) senatorial districts, such districts to be as nearly
equal in population as practicable, but no county shall be
divided in making such apportionment and each district
shall have one (1) senator; except that those districts
whose population at the last federal census exceeds four
hundred thousand (400,000) shall have two (2) senators
and those districts having a population in excess of one
million (1,000,000) shall have three (3) senators. In any
senatorial district composed of a single county and divided
by a congressional district line having more than one (1)
senator the candidates will qualify for election in groups.
The candidates for the odd numbered groups must reside
north or west of the district line and the even numbered
groups must reside south or east of the district line. All
candidates, however, will be subject to election in the dis-
trict at large.
Section 4. State census.-The last preceding decennial
federal census shall also be the state census and shall con-
trol in all population acts and constitutional apportionments,
unless otherwise ordered by the legislature.
Which Senate amendments read as follows:
Amendment No. 1-
In Sections 3 and 4, pages 2 and 3, strike out all of Sec-
tions 3 and 4 and insert in lieu thereof the following:
Section 3. Senate.-The representation in the senate of
the Florida legislature shall consist of forty-six (46) geo-
graphical districts. No county shall be divided in creating
a district. No county shall be separated from the remainder
of the district of which it is part by more than a county
which was formerly a part of said district as of 1962. Ad-
ditional legislators provided herein shall be elected at a
special election to be held in the affected counties or dis-
tricts as provided by law. The senators elected from the
new even numbered districts shall be elected for a term of
four (4) years and the senators now elected from odd num-
bered districts shall complete their terms and new senators
elected from the odd numbered districts shall be elected for
a term of two (2) years. Thereafter all senators shall be
elected for four (4) year terms.
The legislature shall reapportion its representation in
accordance with this article at the 1971 regular session of
the legislature and every ten (10) years thereafter based
upon the preceding latest federal decennial census.
Section 4. In the event the legislature shall fail to re-
apportion the representation as required by this article, the
governor shall call the legislature together in extraordinary
session to consider the question of reapportionment, and
such extraordinary session shall mandatorily be required to
reapportion its membership before adjournment, and such
extraordinary session so called shall not expire until reap-
portionment is effected and shall consider no business other
than reapportionment.
Section 5. State census.-The legislature shall no longer
be required to provide for an enumeration of the inhabi-
tants of the state. The last preceding decennial federal
census beginning with the federal census of 1950 shall also
be the state census and shall control in all population acts
and constitutional apportionments, unless otherwise ordered
by the legislature.
Amendment No. 2-

In Section 2, line 1, page 2, strike out the line and insert
in lieu thereof the following: "The Legislature of the State
of Florida shall be apportioned among the"
Amendment No. 3-
In Section 2, line 13, page 2, change the period to a semi-
colon and add the following: provided, further, that the
house of representatives shall be automatically reappor-
tioned each ten (10) years in accordance with the federal
decennial census.
Amendment No. 4-
In Section 2, page 2, following last word in section two
add the following:
In any county divided by a congressional district line,
the even numbered candidates must reside north or west of
that line and the odd numbered candidates must reside
south or east of the district line. They will, however, be
subject to election from the county at large.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
The question before the House was "Will the House
concur in Senate Amendment No. 1 to House Joint Reso-
lution No. 25-X?"
Pending consideration thereof-
Mr. Frederick of Seminole offered the following amend-
ment to Senate Amendment No. 1 to House Joint Resolu-
tion No. 25-X:
In Section 3, line 2, following the words "geographical
districts" strike out the period (.) and add the following:
"having no more than one (1) senator to each such dis-
trict."
Mr. Frederick moved the adoption of the amendment.
Pending consideration thereof-
Mr. Hollahan of Dade offered the following substitute
amendment to Senate Amendment No. 1 to House Joint
Resolution No. 25-X:
In Section 3, following the words "four (4) year terms."
insert the following:
"Except that those districts whose population at the
last federal census exceeds four hundred thousand
(400,000) shall have two (2) senators. In any senatorial
district composed of a single county and divided by a
congressional district line having more than one (1) sena-
tor the candidates will qualify for election in groups.
The candidates for the odd numbered groups must re-
side north or west of the district line and the even num-
bered groups must reside south or east of the district
line. All candidates, however, will be subject to election
in the district at large;"
Mr. Hollahan moved the adoption of the substitute
amendment.
Pending consideration thereof-
Mr. Whitaker moved the previous question on Senate
Amendment No. 1 to House Joint Resolution No. 25-X and
all pending amendments whose introducers had been
recognized.
Pending consideration thereof-
Mr. Smith of St. Lucie offered a substitute motion for
the previous question on Senate Amendment No. 1 to
House Joint Resolution No. 25-X, all pending amend-

55

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 10, 1962

ments, and all amendments now on the Chief Clerk's desk.
The substitute motion for the previous question was
not agreed to.
The question recurred on the motion by Mr. Whitaker
for the previous question on Senate Amendment No. 1
to House Joint Resolution No. 25-X and all pending
amendments whose introducers had been recognized.
The motion for the previous question was not agreed to.
The question then recurred on the adoption of the sub-
stitute amendment by Mr. Hollahan to Senate Amend-
ment No. 1 to House Joint Resolution No. 25-X.
Pending consideration thereof-
Mr. Turlington of Alachua offered the following amend-
ment to the substitute amendment to Senate Amendment
No. 1 to House Joint Resolution No. 25-X:
Before the words "Except that those districts" insert
the following: "No district shall have more than one
senator."
Mr. Turlington moved the adoption of the amendment
to the substitute amendment.
A roll call was ordered.
When the vote was taken on the adoption of the amend-
ment to the substitute amendment, the result was:
Yeas:

Eldredge
Hill
Hollahan
Johnson
Karl
Knowles
Liles
Loeffler
Mann
Mathews, J.

Frederick
Griffin,J.J.,Jr.
Holley
Hosford
Inman
Jones
Lancaster
Land
Markham
Marshburn
Mattox
McAlpin
McDonald

Matthews, C.
McClain
Nelson
Peavy
Pruitt
Roberts, E. S.
Russell
Ryan
Scott. B. J.
Scott, W. R.

Miner
Mitchell
Nash
Nichols
O'Neill
Papy
Peeples
Reedy
Roberts, C. A.
Rowell
Russ
Saunders, J. A.
Saunders, S. D.

Smith, R. J.
Stone
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Vocelle
Westberry
Whitaker

Sims
Smith, K.
Smith, S. C.
Stallings
Strickland
Wadsworth
Walker
Williams, J. J.
Williams, R.
Wise

Yeas-40
Nays-49
The motion was not agreed to, and the amendment to the
substitute amendment was not adopted.
The question recurred on the adoption of the substitute
amendment to Senate Amendment No. 1 to House Joint
Resolution No. 25-X.
Pending consideration thereof-
Mr. Karl offered a substitute motion that the House re-
fuse to concur in Senate Amendment No. 1 to House Joint
Resolution No. 25-X and respectfully requests the Senate
to recede therefrom.
The Speaker ruled the motion was not in order at this
time as a substitute amendment was before the House and
under the rules only one substitute motion could be enter-
tained at one time.

The question again recurred on the adoption of the sub-
stitute amendment to Senate Amendment No. 1 to House
Joint Resolution No. 25-X.
The motion was not agreed to, and the substitute amend-
ment was not adopted.
The question then recurred on the adoption of the amend-
ment by Mr. Frederick to Senate Amendment No. 1 to House
Joint Resolution No. 25-X.
A roll call was ordered.
When the vote was taken on the adoption of the amend-
ment by Mr. Frederick, the result was:
Yeas:

Mr. Speaker
Anderson
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Chiles
Cleveland
Costin
Craig
Crews
Nays:
Allsworth
Ducker
Eldredge
Erickson
Hill

Daniel
Fagan
Frederick
Fuqua
Griflin,B.H.,Jr.
Griffin,J.J.,Jr.
Hollahan
Home
Hosford
Inman
Johnson
Jones
Knowles
Lancaster
Land
Livingston
Markham
Marshburn
Mathews, J.

Holley
Karl
Liles
Loeffler
Mann

Matthews, C.
Mattox
McAlpin
McClain
McDonald
Miner
Mitchell
Nash
Nichols
O'Neill
Peeples
Pruitt
Reedy
Roberts, C. A.
Rowell
Russ
Saunders, J. A.
Saunders, S. D.
Scott. B. J.

Nelson
Papy
Peavy
Roberts, E. S.
Russell

Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stallings
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Usina
Wadsworth
Walker
Westberry
Williams, J. J.
Williams, R.
Wise

Ryan
Scott, W. R.
Thomas, J.
Vocelle
Whitaker

Yeas-73
Nays-20
The motion was agreed to, and the amendment to Senate
Amendment No. 1 was adopted.
Messrs. Ryan and Allsworth of Broward, Askew of Es-
cambia, Horne of Leon, Mathews of Duval and Mrs. John-
son of Orange offered the following amendment to Sen-
ate Amendment No. 1 to House Concurrent Resolution
No. 25-X:
In Section 3, following the words "having no more than
one (1) senator to each district" strike out the period (.)
and insert the following in lieu thereof: ", such districts
to be as nearly equal in population as practicable."
Mr. Ryan moved the adoption of the amendment.
The motion was agreed to, and the amendment to Sen-
ate Amendment No. 1 to House Joint Resolution No. 25-X
was adopted.
Mr. Smith of St. Lucie offered the following amend-
ment to Senate Amendment No. 1 to House Joint Reso-
lution No. 25-X:
In Section 3, following the words "shall consist of"
strike out "forty-six (46)" and insert the following in
lieu thereof: "forty-two (42)".
Mr. Smith of St. Lucie moved the adoption of the
amendment.
A roll call was demanded.
When the vote was taken on the adoption of the amend-
ment, the result was:

56

Mr. Speaker
Allsworth
Askew
Askins
Ayers
Bennett
Chiles
Costin
Craig
Crews
Nays:
Anderson
Bass
Beck
Bedenbaugh
Boyd
Byrom
Carter
Chaires
Cleveland
Daniel
Ducker
Erickson
Fagan

AUGUST 10, 1962

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Yeas:
Allsworth
Askew
Chiles
Cleveland
Ducker
Eldredge
Erickson
Frederick
Griffin,B.H.,Jr.
Nays:
Anderson
Arrington
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Costin
Craig

Hill
Hollahan
Holley
Johnson
Knowles
Liles
Livingston
Loeffler
Mann

Crews
Daniel
Fagan
Fuqua
Griffin,J.J.,Jr.
Home
Hosford
Inman
Jones
Lancaster
Land
Markham
Marshburn
Mattox

Mathews, J.
Matthews, C.
Nelson
Pruitt
Roberts, E. S.
Russell
Ryan
Smith, R. J.
Sweeny

McClain
McDonald
Miner
Mitchell
Nash
Nichols
O'Neill
Papy
Peeples
Reedy
Roberts, C. A.
Rowell
Russ
Saunders, J. A.

Thomas, J.
Turlington
Usina
Vocelle
Westberry
Whitaker

Scott. B. J.
Scott, W. R.
Sims
Smith, K.
Smith, S. C.
Stallings
Strickland
Thomas,A.J.,Jr.
Walker
Williams, J. J.
Williams, R.
Wise

Yeas-33.
Nays-54.
The motion was not agreed to, and the amendment to
Senate Amendment No. 1 to House Joint Resolution No.
25-X was not adopted.
Mr. Horne moved that the House now reconsider the
vote by which the amendment by Mr. Frederick to Senate
Amendment No. 1 to House Joint Resolution No. 25-X
was adopted.
The motion was agreed to, and the vote by which the
amendment was adopted was reconsidered.
The question recurred on the adoption of the amend-
ment by Mr. Frederick.
Pending consideration thereof-
Without objection, the amendment was withdrawn.
Mr. Horne moved that the House now reconsider the
vote by which the amendment by Mr. Ryan and others to
Senate Amendment No. 1 to House Joint Resolution No.
25-X was adopted.
The motion was agreed to, and the vote by which the
amendment was adopted was reconsidered.
The question recurred on the adoption of the amend-
ment by Mr. Ryan and others.
Pending consideration thereof-
Without objection, the amendment was withdrawn.
The following message from the Senate was received
and read:
Tallahassee, Florida
August 10, 1962
The Honorable William V. Chappell, Jr.
Speaker of the House of Representatives
Sir:
I am directed by the Senate to inform the House of Rep-
resentatives that the Senate respectfully requests the return
of-
By Mr. O'Neill of Marion-

H.J.R. No. 25-X-

A JOINT RESOLUTION PROPOSING AN AMEND-

57

MENT TO ARTICLE VII OF THE CONSTITUTION
OF THE STATE OF FLORIDA, PROVIDING FOR AP-
PORTIONMENT OF THE FLORIDA LEGISLATURE;
PROVIDING FOR A STATE CENSUS.
Be It Resolved by the Legislature of the State of Florida:
That the following amendment of Article VII of the Con-
stitution of Florida is agreed to and shall be submitted to
the electors of this state for ratification or rejection at the
general election to be held in November, 1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legis-
lature of the state of Florida shall consist of a senate and
a house of representatives. Members of the senate shall be
elected for a term of four (4) years and members of the
house shall be elected for a term of two (2) years. The
term of members of the legislature shall expire on the first
Tuesday after the first Monday in November in each regular
election year. Members of the senate and house of repre-
sentatives shall be elected as provided by law. Any new
county that may be created shall be entitled to one (1)
member in the house of representatives in excess of any
limit prescribed in the following sections of this article
until the next reapportionment and the county shall be
assigned when created to a senatorial district as determin-
ed by the legislature.
Section 2. Representation in the house of representa-
tives.-Representation in the house of representatives of
the Florida legislature shall be apportioned among the sev-
eral counties of the state as follows: Each county shall
be entitled to one representative and to one additional rep-
resentative for each representative ratio or major fraction
thereof. The representative ratio shall be the quotient ob-
tained by dividing the population of the state according
to the latest federal census by the number of counties;
providing that until the general election in 1964 no county
shall have fewer representatives than it would have been
entitled to under the Constitution of 1885, as amended in
1924.
Section 3. Apportionment of representation in senate
and house of representatives.-The Legislature that shall
meet in regular session A.D. 1925, and those that shall
meet every ten (10) years thereafter, shall apportion the
representation in the senate, and shall provide for thirty-
eight (38) senatorial districts, such districts to be as nearly
equal in population as practicable, but no county shall be
divided in making such apportionment and each district
shall have one (1) senator; except that those districts whose
population at the last federal census exceeds four hundred
thousand (400,000) shall have two (2) senators and those
districts having a population in excess of one million (1,000,-
000) shall have three (3) senators. In any senatorial dis-
trict composed of a single county and divided by a congres-
"sional district line having more than one (1) senator the
candidates will qualify for election in groups. The candi-
dates for the odd numbered groups must reside north or
west of the district line and the even numbered groups must
reside south or east of the district line. All candidates, how-
ever, will be subject to election in the district at large.
Section 4. State census.-The last preceding decennial
federal census shall also be the state census and shall con-
trol in all population acts and constitutional apportionments,
unless otherwise ordered by the legislature.
together with Senate amendments attached thereto.
-and respectfully requests the concurrence of the House
therein.
Very Respectfully,
ROBT. W. DAVIS
Secretary of the Senate
Mr. Horne moved that the request of the Senate for the

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 10, 1962

return of House Joint Resolution No. 25-X, together with
the Senate amendments attached thereto, be granted.
The motion was agreed to, and the action of the House,
together with House Joint Resolution No. 25-X with the
Senate amendments attached thereto, was ordered certified
to the Senate.

REPORTS OF COMMITTEES
August 10, 1962
Mr. Mitchell of Leon, Chairman of the Select Committee
on Judiciary, reports that the Committee has carefully con-
sidered the following bill and recommends that it pass:

By Senator Johnson-
S. C. R. No. 16-X-A Concurrent Resolution providing
for a joint legislative advisory committee on apportionment;
providing the manner of selection of the members thereof;
providing powers and duties.
And Senate Concurrent Resolution No. 16-X, contained

in the above report, was placed on the Calendar for Second
Reading.
August 10, 1962
Mr. Mitchell of Leon, Chairman of the Select Committee
on Judiciary, reports that the Committee has carefully con-
sidered the following bill and recommends that it pass:
By Senator Ripley-
S. B. No. 13-X-A Bill to be entitled an act appro-
priating fifty thousand dollars ($50,000.00) emergency re-
serve fund to be released as needed by the budget commis-
sion for court expenses in connection with litigation con-
cerning reapportionment; providing an effective date.
And Senate Bill No. 13-X, contained in the above report,
was placed on the Calendar for Second Reading.
Mr. Home moved that the House now adjourn to recon-
vene at 9:30 A. M. tomorrow.
The motion was agreed to.
Thereupon, at the hour of 4:45 P. M., the House stood
adjourned until 9:30 A. M. tomorrow.

58

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Saturday, August 11, 1962

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

Fagan
Frederick
Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hill
Hollahan
Holley
Home
Hosford
Inman
Johnson
Jones
Karl
Knowles
Lancaster
Land
Liles
Livingston
Loeffler
Mann
Markham
Marshburn
Mathews, J.

A quorum present.

The following prayer was
ton Ware, Chaplain:

Matthews, C.
Mattox
McAlpin
McClain
McDonald
Miner
Mitchell
Nash
Nelson
Nichols
O'Neill
Papy
Peavy
Peeples
Pruitt
Reedy
Roberts, C. A.
Roberts, E. S.
Rowell
Russ
Russell
Ryan
Saunders, J. A.
Saunders, S. D.

Scott, B. J.
Scott, W. R.
Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stallings
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turllngton
Usina
Vocelle
Wadsworth
Walker
Westberry
Whitaker
Williams, J. J.
Williams, R.
Wise

offered by the Reverend Mel-

Almighty and eternal God, Thou who hast formed us
out of dust and made us a little lower than the angels,
we gratefully pause at the beginning of this business day
to acknowledge our dependence upon Thee. For all Thy
many blessings we give Thee thanks and for Thy loving
kindness we praise Thy Holy Name. It is out of a spirit
of gratitude and appreciation that we invoke Thy divine
blessing upon this session of the House of Representa-
tives. Grant that we may be statesmanlike in all that we
do and say. Give unto us a special portion of Thy divine
power to discern the right and the courage of heart to
serve the right when we know it. Lead us as statesmen
into those paths of righteousness and service that will
bring honor to Thy sacred name; through Jesus Christ
our Lord, Amen.
CORRECTION OF THE JOURNAL
The Journal for Thursday, August 9, was ordered
further corrected as follows:
On page 49, column 2, line 1 at the top of the page,
following "No. 25-X", insert the word "passed".
The Journal for Thursday, August 9, as further cor-
rected was approved.
The Journal for Friday, August 10, was ordered cor-
rected and as corrected, was approved.

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

Mr. Speaker
Allsworth
Anderson
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Chiles
Cleveland
Costin
Craig
Crews
Daniel
Ducker
Eldredge
Erickson

59

Tallahassee, Florida
August 10, 1962
The Honorable William V. Chappell, Jr.
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-
By Senator Ripley-
S. M. No. 15-X(62)-A Memorial to the Congress of the
United States of America urging the Congress to submit
a constitutional amendment granting to the state courts
exclusive jurisdiction of suits and actions relating to the
apportionment and reapportionment of the membership
of state legislatures, and further urging the Congress to
enact immediate interim legislation under Article III,
Section 2 of the United States Constitution limiting ap-
pellate jurisdiction of the Supreme Court.
WHEREAS, there is pending litigation in the several
federal district courts relating to the method and manner
of electing and apportioning members of state legislative
bodies; and
WHEREAS, it appears to be the view of the federal ju-
diciary that population numbers are a principal consider-
ation in determining the validity of apportionment laws
relating to representation in both houses of a bicameral
legislative body; and
WHEREAS, it has long been the custom, usage and
law of the State of Florida and the several states that
other factors in addition to population ought to be con-
sidered in arriving at fair and equitable representation
in state legislative bodies; and
WHEREAS, the apportionment of the membership of
state legislatures, both the house and the senate, is prop-
erly a state and not a federal question; and
WHEREAS, such judicial proceedings as are being con-
ducted by the federal judiciary seriously interferes with
state's rights in the freedom of government by the people
of the several states; and
WHEREAS, it is necessary that the Congress enact
suitable laws relating to both the original jurisdiction
of the federal district courts and appellate jurisdiction
of the United States Supreme Court, pursuant to power
vested in the Congress by Article III, Section 2 of the
United States Constitution and any other applicable laws
until such time as the federal judiciary's encroachment
into the field of state legislative apportionment tradition-
ally reserved unto the states is curbed, NOW, THERE-
FORE,
Be It Resolved by the Legislature of the State of Florida:
That the Florida Legislature hereby and herein peti-
tions the Congress of the United States of America, and
each house and member thereof, to draft, submit and
enact a suitable law having the effect of excluding from
the original jurisdiction of the federal district courts
cases relating to state legislative reapportionment and
excluding from the appellate jurisdiction of the United
States Supreme Court cases relating to state legislative
apportionment pursuant to powers conferred upon the

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 11, 1962

Congress by Article III, Section 2 of the Constitution of
the United States, which provides in material part as
follows:
". In all other cases before mentioned, the
Supreme Court shall have appellate jurisdiction,
both as to law and fact, with such exceptions and
under such regulations as the Congress shall
make.. .."
BE IT FURTHER RESOLVED, that the Florida Legis-
lature hereby and herein petitions the Congress of the
United States of America, and each house and member
thereof, to draft and submit a suitable amendment to the
United States Constitution, granting to the state courts
exclusive jurisdiction of suits and actions relating to the
apportionment and reapportionment of the membership
of state legislatures; and
BE IT FURTHER RESOLVED, that copies of this me-
morial be transmitted forthwith by the Chief Clerk of the
House and the Secretary of the Senate of the State of
Florida to the President of the United States, and the
Vice-President of the United States as presiding officer
of the Senate, and the Speaker of the House of Represen-
tatives of the Congress of the United States, to each of
the congressional delegation from Florida in the United
States Congress, to each member of the Congress from
the several states, to each of the Governors, Secretaries
of State and Attorneys General of the several states;
and to each of the speakers of the House and Presidents
of the Senate of the State Legislatures of the several
states; and
BE IT FURTHER RESOLVED, that a copy of this me-
morial be spread upon the journal of both the Senate and
House of Representatives of the State of Florida, and
sufficient copies thereof be furnished to the press.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Memorial No. 15-X, contained in the above
message, was read the first time in full and referred to the
Select Committee on Judiciary.
Tallahassee, Florida
August 11, 1962
The Honorable William V. Chappell, Jr.
Speaker of the House of Representatives
Sir:
I am directed by the Senate to inform the House of
Representatives that the Senate has adopted wih amend-
ments -
By Mr. Mathews of Duval-
H. M. No. 18-X A memorial to the Congress of the
United States of America urging the Congress to submit
a Constitutional Amendment reserving, granting and con-
firming power and jurisdiction relating to the apportion-
ment and reapportionment of the membership of State
Legislatures to the states without review of the Federal
Courts.
-which amendments read as follows:
Amendment No. 1-
By adding after the comma following the word Constitu-
tion in the 4th WHEREAS paragraph the following:
WHEREAS, it appears to be the view of the federal
judiciary that population numbers are a principal con-

sideration in determining the validity of apportionment
laws relating to representation in both houses of a bi-
cameral legislative body; and
WHEREAS, it has long been the custom, usage and law
of the State of Florida and the several states that other
factors in addition to population ought to be considered in
arriving at fair and equitable representation in state
legislative bodies; and
WHEREAS, it is necessary that the Congress enact
suitable laws relating to both the original jurisdiction
of the federal district courts and appellate jurisdiction of
the United States Supreme Court, pursuant to power vested
in the Congress by Article III, Section 2 of the United
States Constitution and any other applicable laws until
such time as the federal judiciary's encroachment into the
field of state legislative apportionment traditionally re-
served unto the states is curbed,
Amendment No. 2-
By adding after the first paragraph of the resolving
clause, line one, page two, the following: BE IT FURTHER
RESOLVED, that the Florida Legislature hereby and
herein petitions the Congress of the United States of
America, and each house and member thereof, to draft,
submit and enact a suitable law having the effect of ex-
cluding from the original jurisdiction of the federal dis-
trict courts cases relating to state legislative reapportion-
ment and excluding from the appellate jurisdiction of the
United States Supreme Court cases relating to state leg-
islative apportionment pursuant to powers conferred upon
the Congress by Article III, Section 2 of the Constitution
of the United States, which provides in material part as
follows:
"... In all other cases before mentioned, the Supreme
Court shall have appellate jurisdiction, both as to
law and fact, with such exceptions and under such
regulations as the Congress shall make ."
Amendment No. 3-
By adding to the title of said memorial the following:
Change the last period in the title to a comma, and add
"and further urging the Congress to enact immediate
interim legislation under Article III, Section 2 of the
United States Constitution limiting appellate jurisdiction
of the Supreme Court."
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
Mr. Mathews of Duval moved that the House do concur
in Senate Amendment No. 1 to House Memorial No. 18-X.
The motion was agreed to, and the House concurred
in Senate Amendment No. 1 to House Memorial No. 18-X.
Mr. Mathews of Duval moved that the House do concur
in Senate Amendment No. 2 to House Memorial No. 18-X.
The motion was agreed to, and the House concurred
in Senate Amendment No. 2 to House Memorial No. 18-X.
Mr. Mathews of Duval moved that the House do concur
in Senate Amendment No. 3 to House Memorial No. 18-X.
The motion was agreed to, and the House concurred
in Senate Amendment No. 3 to House Memorial No. 18-X.
The action of the House was ordered certified to the
Senate, and House Memorial No. 18-X was ordered en-
grossed.

60

AUGUST 11, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES 61

wmoure memorial Ao. 18$
A memorial to the Congress of the United States of America urging the Congress
to submit a Constitutional Amendment reserving, granting and confirming power
and jurisdiction relating to the apportionment and reapportionment of the member-
ship of State Legislatures to the states without review of the Federal Courts, and
further urging the Congress to enact immediate interim legislation under Article III,
Section 2 of the United States Constitutition limiting appellate jurisdiction of the
Supreme Court.
WHEREAS, the apportionment of the membership of State Legislatures, both the House
and Senate, is properly a state and not a federal question; and
WHEREAS, there has been some effort recently by some of the lower federal courts,
not only to determine the validity of the apportionment or reapportionment of the member-
ship of state legislatures, but also to make apportionment or reapportionment by judicial
decree; and
WHEREAS, such judicial proceedings seriously interfere with states' rights and the
freedom of government by the people of the several states; and
WHEREAS, such judicial proceedings are a massive repudiation of the experience of
our whole past and are a deliberate, palpable and dangerous exercise of powers not granted
to the federal judiciary by the United States Constitution,
WHEREAS, it appears to be the view of the federal judiciary that population numbers
are a principal consideration in determining the validity of apportionment laws relating to
representation in both houses of a bicameral legislative body; and
WHEREAS, it has long been the custom, usage and law of the State of Florida and the
several states that other factors in addition to population ought to be considered in arriving
at fair and equitable representation in state legislative bodies; and
WHEREAS, it is necessary that the Congress enact suitable laws relating to both the
original jurisdiction of the federal district courts and appellate jurisdiction of the United
States Supreme Court, pursuant to power vested in the Congress by Article III, Section 2 of
the United States Constitution and any other applicable laws until such time as the federal
judiciary's encroachment into the field of state legislative apportionment traditionally re-
served unto the states is curbed, NOW, THEREFORE,
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF FLORIDA:
That the Florida Legislature hereby and herein petitions the Congress of the United
States of America, and each house and member thereof, to draft and submit a suitable
amendment to the United States Constitution, specifically reserving, granting and clearly
confirming exclusive power and jurisdiction relating to the apportionment and reapportion-
ment of the membership of state legislatures to the several states and to spell out that state
action in this field is not subject to review by the Federal Courts.
BE IT FURTHER RESOLVED, that the Florida Legislature hereby and herein petitions
the Congress of the United States of America, and each house and member thereof, to draft,
submit and enact a suitable law having the effect of excluding from the original jurisdiction
of the federal district courts cases relating to state legislative reapportionment and exclud-
ing from the appellate jurisdiction of the United States Supreme Court cases relating to
state legislative apportionment pursuant to powers conferred upon the Congress by Article
III, Section 2 of the Constitution of the United States, which provides in material part as
follows:
". In all other cases before mentioned, the Supreme Court shall have appel-
late jurisdiction, both as to law and fact, with such exceptions and under
such regulations as the Congress shall make .."
BE IT FURTHER RESOLVED, that copies of this memorial be transmitted forthwith by
the Chief Clerk of the House and the Secretary of the Senate of the State of Florida to the
President of the United States, and the Vice-President of the United States as presiding of-
ficer of the Senate, and the Speaker of the House of Representatives of the Congress of the
United States, to each of the congressional delegation from Florida in the United States
Congress, and to each of the Governors, Secretaries of State, and Attorneys General of the
several states; and
BE IT FURTHER RESOLVED, that a copy of this memorial be spread upon the journal
of both the Senate and House of Representatives of the State of Florida, and sufficient copies
thereof be furnished to the press.

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 11, 1962

The Speaker announced the House would stand in in-
formal recess until 10:45 A.M. today.
Thereupon, at the hour of 9:51 A. M., the House stood
in informal recess until 10:45 A. M. today.
The House reconvened at 10:45 A. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 94 Members present.
Mr. Horne moved that the House now resolve itself
into a Committee of the Whole House for the purpose of
discussing several proposals for reapportioning the Leg-
islature.
The motion was agreed to, and it was so ordered.
Mr. Horne moved that the rules be waived and the
Speaker be permitted to act as Chairman of the Commit-
tee of the Whole House.
The motion was agreed to by a two-thirds vote.
Thereupon, at the hour of 11:09 A. M., the House re-
solved itself into a Committee of the Whole House, Mr.
Chappell presiding.
The Committee of the Whole House having arisen-
The House reconvened at 12:00 Noon.
THE SPEAKER IN THE CHAIR
The roll was taken to determine the presence of a
quorum.
A quorum of 94 Members present.
CONTINUATION OF CONSIDERATION OF MESSAGES
FROM THE SENATE
The following message from the Senate was received
and read:
Tallahassee, Florida
August 11, 1962
The Honorable William V. Chappell, Jr.
Speaker of the House of Representatives
Sir:
I am directed by the Senate to inform the House of
Representatives that the Senate has reconsidered the vote
by which-
By Mr. O'Neill of Marion-
H. J. R. No. 25-X-A Joint Resolution proposing an
amendment to Article VII of the Constitution of the State
of Florida, providing for apportionment of the Florida
Legislature; providing for a state census.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Article VII of the
Constitution of Florida is agreed to and shall be sub-
mitted to the electors of this state for ratification or rejec-
tion at the general election to be held in November, 1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legis-
lature of the state of Florida shall consist of a senate and
a house of representatives. Members of the senate shall
be elected for a term of four (4) years and members of
the house shall be elected for a term of two (2) years.
The term of members of the legislature shall expire on the

first Tuesday after the first Monday in November in each
regular election year. Members of the senate and house
of representatives shall be elected as provided by law.
Any new county that may be created shall be entitled
to one (1) member in the house of representatives in ex-
cess of any limit prescribed in the following sections of
this article until the next reapportionment and the county
shall be assigned when created to a senatorial district as
determined by the legislature.
Section 2. Representation in the house of representa-
tives.-Representation in the house of representatives of
the Florida legislature shall be apportioned among the
several counties of the state as follows: Each county shall
be entitled to one representative and to one additional
representative for each representative ratio or major frac-
tion thereof. The representative ratio shall be the quo-
tient obtained by dividing the population of the state ac-
cording to the latest federal census by the number of
counties; provided that until the general election in 1964
no county shall have fewer representatives than it would
have been entitled to under the Constitution of 1885, as
amended in 1924.
Section 3. Apportionment of representation in senate
and house of representatives.-The Legislature that shall
meet in regular session A.D. 1925, and those that shall
meet every ten (10) years thereafter, shall apportion the
representation in the senate, and shall provide for thirty-
eight (38) senatorial districts, such districts to be as
nearly equal in population as practicable, but no county
shall be divided in making such apportionment and each
district shall have one (1) senator; except that those dis-
tricts whose population at the last federal census exceeds
four hundred thousand (400,000) shall have two (2) sena-
tors and those districts having a population in excess of
one million (1,000,000) shall have three (3) senators. In
any senatorial district composed of a single county and
divided by a congressional district line having more than
one (1) senator the candidates will qualify for election
in groups. The candidates for the odd numbered groups
must reside north or west of the district line and the even
numbered groups must reside south or east of the district
line. All candidates, however, will be subject to election
in the district at large.
Section 4. State census.-The last preceding decennial
federal census shall also be the state census and shall
control in all population acts and constitutional apportion-
ments, unless otherwise ordered by the legislature.
-passed the Senate, reconsidered the vote by which the
following amendments were adopted:
Amendment No. 1-
In Section 3 & 4, page 2 & 3, strike out all of Sections
3 & 4 and insert in lieu thereof the following:
Section 3. Senate.-The representation in the senate
of the Florida legislature shall consist of forty-six (46)
geographical districts. No county shall be divided in cre-
ating a district. No county shall be separated from the
remainder of the district of which it is part by more than
a county which was formerly a part of said district as
of 1962. Additional legislators provided herein shall be
elected at a special election to be held in the affected
counties or districts as provided by law. The senators
elected from the new even numbered districts shall be
elected for a term of four (4) years and the senators now
elected from odd numbered districts shall complete their
terms and new senators elected from the odd numbered
districts shall be elected for a term of two (2) years.
Thereafter all senators shall be elected for four (4)
year terms.
The legislature shall reapportion its representation in
accordance with this article at the 1971 regular session

62

JOURNAL OF THE HC

of the legislature and every ten (10) years thereafter
based upon the preceding latest federal decennial census.
Section 4. In the event the legislature shall fail to re-
apportion the representation as required by this article,
the governor shall call the legislature together in extra-
ordinary session to consider the question of reapportion-
ment, and such extraordinary session shall mandatorily
be required to reapportion its membership before ad-
journment, and such extraordinary session so called shall
not expire until reapportionment is effected and shall
consider no business other than reapportionment.
Section 5. State census.-The legislature shall no longer
be required to provide for an enumeration of the inhabi-
tants of the state. The last preceding decennial federal
census beginning with the federal census of 1950 shall
also be the state census and shall control in all popula-
tion acts and constitutional apportionments, unless other-
wise ordered by the legislature.
Amendment No. 2-
In line 1, page 2, strike out the line and insert in lieu
thereof the following: "The Legislature of the State of
Florida shall be apportioned among the"
Amendment No. 3-
In Section 2, line 13, page 2, change the period to a
semi-colon and add the following: provided, further, that
the house of representatives shall be automatically re-
apportioned each ten (10) years in accordance with the
federal decennial census.
Amendment No. 4-
In Section 2, page 2, following last word in section two
add the following:
In any county divided by a congressional district line,
the even numbered candidates must reside north or west
of that line and the odd numbered candidates must reside
south or east of the district line. They will, however, be
subject to election from the county at large.
-and has withdrawn the foregoing amendments and
passed House Joint Resolution No. 25-X by the required
constitutional three-fifths vote of all members elected to
the Senate for the 1962 extraordinary session of the
Florida legislature, as amended by the following Senate
amendments.
Amendment No. 1-
In Section 2, line 5, page 2, strike out the words: "and
to" and insert in lieu thereof the following: a period (.)
Each county shall also be entitled to
Amendment No. 2-
In Sections 3 & 4, pages 2 & 3, strike out all of Sections
3 & 4 and insert in lieu thereof the following:
Section 3. Senate.-The representation in the senate
of the Florida legislature shall consist of forty-six (46)
members, each representing a district. Twenty-four (24)
districts shall consist of the twenty-four (24) most popu-
lous counties according to the latest federal decennial
census. Twenty-two (22) districts shall be created from
the remaining counties of the state with the view of ef-
fecting as equitable representation as practical.
No county shall be divided in creating a district. No
county shall be separated from the remainder of the dis-
trict of which it is part by more than a county which was
formerly a part of the same district in 1961.
Section 4. Legislative apportionment.-The 1963 Legis-
lature shall be composed of the legislators elected pur-
suant to the Constitution of 1885 as amended, and of the
additional legislators as provided for herein. If this article
is ratified at the general election in November, 1962, the

AUGUST 11, 1962

)USE OF REPRESENTATIVES 63

legislature shall be apportioned according to apportion-
ment bills passed at the 1962 Extraordinary Session of
the Legislature, provided nothing in this amendment shall
prohibit any representative or senator elected in the 1962
general election pursuant to the Constitution of 1885, as
amended, from serving in said office for the term for
which he was elected, nor shall this amendment prohibit
a senator now serving from completing his term to which
he was elected, and the additional legislative offices herein
created shall be filled by and at a special election to be
held in the affected counties or districts, as provided by
law, such election to be held within one hunderd and twen-
ty (120) days after the effective date hereof. The senators
elected from the new even numbered districts shall be
elected for a term of four (4) years and the new senators
elected from the odd numbered districts shall be elected
for a term of two (2) years; thereafter all senators shall
be elected for four (4) year terms.
In any county divided by a congressional district line,
as districted in 1961, candidates for the even numbered
groups for the house of representatives must reside north
or west of that line, and candidates for the odd numbered
groups for the house of representatives must reside south
or east of the district line. They will, however, be subject
to election from the county at large.
The legislature shall reapportion its representation in
accordance with this article at the 1971 regular session
of the legislature and every ten (10) years thereafter
based upon the preceding latest federal decennial census.
In the event the legislature shall fail to reapportion the
representation as required by this article, the governor
shall call the legislature together in extraordinary session
to consider the question of reapportionment, and such
extraordinary session shall mandatorily be required to
reapportion its membership before adjournment, and such
extraordinary session so called shall not expire until re-
apportionment is effected and shall consider no business
other than reapportionment.
Section 5. State census.-The legislature shall no longer
be required to provide for an enumeration of the inhabi-
tants of the state. The last preceding decennial federal
census beginning with the federal census of 1960 shall
also be the state census and shall control in all popula-
tion acts and constitutional apportionments unless other-
wise ordered by the legislature.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
Mr. O'Neill moved that consideration of Senate Amend-
ment No. 1 to House Joint Resolution No. 25-X be tem-
porarily deferred.
The motion was agreed to, and it was so ordered.
Mr. Livingston of Highlands offered the following
amendment to Senate Amendment No. 2 to House Joint
Resolution No. 25-X:
In Section 3, strike out the first paragraph and insert
the following in lieu thereof:
"Section 3. Senate.-The representation in the senate
shall consist of 67 senatorial districts, each of which shall
be represented by one senator, except counties having a
population in excess of 750,000 therein shall have one
additional senator."
Mr. Livingston moved the adoption of the amendment.
The motion was not agreed to, and the amendment to
Senate Amendment No. 2 to House Joint Resolution No.
25-X was not adopted.

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 11,1962

Mr. Nash of Franklin offered the following amendment
to Senate Amendment No. 2 to House Joint Resolution
No. 25-X:
Strike out all of Section 3 and insert the following in
lieu thereof:
"Section 3. Senate.-Representation in the senate
shall consist of one senator from each county as may be
provided by law."
Mr. Nash moved the adoption of the amendment.
A roll call was ordered.
When the vote was taken on the adoption of the amend-
ment, the result was:
Yeas:

Erickson
Fagan
Fuqua
Griflin,J.J.,Jr.
Hill
Holley
Home
Hosford
Inman
Jones
Lancaster
Land
Livingston
Loeffler
Markham

Griffin,B.H.,Jr.
Hollahan
Johnson
Karl
Knowles
iAles
Mann
Mathews, J.
Matthews, C.

Marshburn
McAlpin
McClain
McDonald
Mitchell
Nash
Nelson
Nichols
O'Neill
Papy
Peavy
Reedy
Roberts, C. A.
Rowell
Russ

Mattox
Miner
Peeples
Pruitt
Roberts, E. S.
Russell
Ryan
Saunders, J. A.
Scott, B. J.

Saunders, S. D.
Scott, W. R.
Sims
Smith, K.
Smith, S. C.
Stallings
Stone
Strickland
Thomas,A.J.,Jr.
Wadsworth
Whitaker
Williams, J. J.
Williams, R.
Wise

Smith, R. J.
Sweeny
Thomas, J.
Turlington
Usina
Vocelle
Walker
Westberry

Nays-35.
The motion was agreed to, and the amendment to Sen-
ate Amendment No. 2 was adopted.
Mr. Stallings moved that the House now reconsider the
vote by which the amendment to Senate Amendment No.
2 to House Joint Resolution No. 25-X was adopted.
Pending consideration thereof-
Mr. Nash moved that the motion to reconsider be laid
on the table.
Pending consideration thereof-
Mr. O'Neill moved that the House stand in recess until
2:00 P. M. today.
The motion was not agreed to.
The question recurred on the motion by Mr. Nash that
the motion to reconsider the vote by which the amendment
to Senate Amendment No. 2 was adopted be laid on the
table.

A roll call was ordered.

When the vote was taken on the motion to lay on the
table, the result was:

Yeas:

Ayers
Bass
Beck

Byrom
Carter
Chaires

Costin
Crews
Daniel

Ducker
Erickson
Fagan
Fuqua
Hill
Holley
Hosford
Lancaster
Land
Liles
Nays:
Allsworth
Arrington
Askew
Bedenbaugh
Bennett
Boyd
Chiles
Cleveland
Craig
Eldredge
Frederick
Yeas-52.
Nays-41.

Livingston
Loeffler
Mann
Markham
Marshburn
McAlpin
McClain
McDonald
Nash
Nelson

Griffin,B.H.,Jr.
Hollahan
Home
Inman
Johnson
Jones
Karl
Knowles
Mathews, J.
Matthews, C.
Mattox

The motion was agreed to,
was laid on the table.

Nichols Smith, K.
Papy Smith, S. C.
Peavy Stallings
Reedy Stone
Roberts, C. A. Strickland
Rowell Thomas,A.J.,Jr.
Russ Wadsworth
Saunders, J. A. Whitaker
Saunders, S. D. Williams, J. J.
Scott, W. R. Wise

Miner
Mitchell
O'Neill
Peeples
Pruitt
Roberts, E. S.
Russell
Ryan
Scott, B. J.
Sims
Smith, R. J.

Sweeny
Thomas, J.
Turlington
Usina
Vocelle
Walker
Westberry
Williams, R.

and the motion to reconsider

Mr. Speaker
Anderson
Arrington
Askins
Ayers
Bass
Beck
Bedenbaugh
Byrom
Carter
Chaires
Costin
Crews
Daniel
Ducker
Nays:
Allsworth
Askew
Bennett
Boyd
Chiles
Cleveland
Craig
Eldredge
Frederick
Yeas-59.

Anderson
Arrington
Ayers
Beck
Bedenbaugh
Byrom
Carter
Cleveland
Craig
Daniel

Fagan
Frederick
Hosford
Inman
Jones
Lancaster
Land
Markham
Marshburn
McAlpin

McClain
Nash
Nichols
Reedy
Roberts, C. A.
Rowell
Saunders, J. A.
Saunders, S. D.
Scott, W. R.
Sims

Smith, K.
Stallings
Usina
Wadsworth
Whitaker
Williams, J. J.
Williams, R.

64

Messrs. Mathews of Duval, Horne of Leon, Chiles of
Polk, and O'Neill of Marion offered the following amend-
ment to Senate Amendment No. 1 to House Joint Resolu-
tion 25-X:
In Section 2, line 5, page 2, strike out: "Each county
shall also be entitled to" and the rest of the sentence
and insert the following in lieu thereof: "Each county
shall have one additional representative for each repre-
sentative ratio or major fraction thereof. Any county hav-
ing more than four (4) representative ratios shall have
one representative in addition to all others herein pro-
vided."
Mr. Mathews of Duval moved the adoption of the
amendment to Senate Amendment No. 1.
Pending consideration thereof-
Mr. McClain of Pasco offered the following substitute
amendment for the House amendment to Senate Amend-
ment No. 1 to House Joint Resolution No. 25-X:
In Section 2, strike out the period at the end of the
section and insert the following in lieu thereof: "; pro-
vided that the total number of representatives shall al-
ways be 135; whenever the number resulting from the
apportionment herein provided for is less than 135, addi-
tional representatives shall be assigned to those counties
having the largest unused fractions until the number as-
signed is 135; whenever the total shall exceed 135, repre-
sentatives assigned on the basis of the smallest fractions
shall be eliminated until the total is 135."
Mr. McClain moved the adoption of the substitute
amendment to Senate Amendment No. 1.
A roll call was demanded.
When the vote was taken on the adoption of the substi-
tute amendment, the result was:
Yeas:

Mr. Speaker
Anderson
Askins

AUGUST 11, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Nays:
Allsworth
Askew
Askins
Bass
Bennett
Boyd
Crews
Ducker
Eldredge
Erickson
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.

Hill
Hollahan
Holley
Home
Johnson
Karl
Knowles
Liles
Livingston
Loeffler
Mann
Mathews, J.

Matthews, C.
Mattox
McDonald
Miner
Mitchell
Nelson
O'Neill
Peeples
Pruitt
Roberts, E. S.
Russell
Ryan

Scott, B. J.
Smith, R. J.
Smith, S. C.
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Vocelle
Walker
Westberry

Yeas-37.
Nays-45.
The motion was not agreed to, and the substitute
amendment was not adopted.
The question recurred on the adoption of the amend-
ment by Mr. Mathews of Duval and others to Senate
Amendment No. 1 to House Joint Resolution No. 25-X.
The motion was agreed to, and the amendment to Sen-
ate Amendment No. 1 was adopted.
Mr. Eldredge of Dade offered the following amendment
to Senate Amendment No. 2 to House Joint Resolution
No. 25-X:
In Section 4, following the words "four (4) year terms."
strike out the following paragraph being paragraph num-
ber two (2) in Section Four (4).
Mr. Eldredge moved the adoption of the amendment.
The motion was agreed to, and the amendment to Senate
Amendment No. 2 to House Joint Resolution No. 25-X
was adopted.
Mr. Whitaker of Hillsborough offered the following
amendment to Senate Amendment No. 2 to House Joint
Resolution No. 25-X: Following Section 5 insert new
Section 6 as follows: "Section 6. If any apportionment
or reapportionment provision provided herein shall be
found to be invidiously discriminatory and held to be null,
void, and inoperative by any court of competent jurisdic-
tion then all apportionment and reapportionment pro-
vided herein shall be null, void, and inoperative."
Mr. Whitaker moved the adoption of the amendment.
The motion was agreed to and the amendment to Senate
Amendment No. 2 was adopted.

The question then before the House was "Will the
House concur in Senate Amendment No. 1, as amended
by the House, to House Joint Resolution No. 25-X?"

When the vote was taken on the question, the result
was:

Yeas:

Mr. Speaker
Allsworth
Anderson
Arrington
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Chiles
Cleveland
Costin

Craig
Crews
Daniel
Eldredge
Fagan
Frederick
Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hill
Hollahan
Home
Hosford
Inman
Johnson
Jones
Karl

Knowles
Lancaster
Land
Livingston
Markham
Marshburn
Mathews, J.
Mattox
McAlpin
McDonald
Miner
Mitchell
Nash
Nichols
O'Neill
Papy
Peeples

Pruitt
Reedy
Roberts, C. A.
Roberts, E. S.
Rowell
Russ
Ryan
Saunders, J. A.
Saunders, S. D.
Scott, B. J.
Scott, W. R.
Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stallings
Stone

Strickland Usina
Sweeny Vocelle
Thomas,A.J.,Jr. Wadsworth
Thomas, J. Walker
Nays:

Askew
Ducker
Erickson
Holley

Liles
Loeffler
Mann
Matthews, C.

Westberry
Whitaker
Williams, J. J.
Williams, R.

McClain
Nelson
Peavy
Russell

Wise

Turlington

Yeas-81.
Nays-13.
So the House concurred in Senate Amendment No. 1,
as amended, to House Joint Resolution No. 25-X by the
required Constitutional three-fifths vote of all Members
elected to the House of Representatives.
The next question before the House was "Will the
House concur in Senate Amendment No. 2, as amended
by the House, to House Joint Resolution No. 25-X?"
When the vote was taken on the question, the result
was:
Yeas:

Mr. Speaker
Anderson
Arrington
Askins
Ayers
Bass
Beck
Bedenbaugh
Carter
Chaires
Costin
Daniel
Fagan
Fuqua
Nays:
Allsworth
Askew
Bennett
Boyd
Byrom
Cleveland
Craig
Ducker
Eldredge

Griffin,J.J.,Jr.
Hill
Home
Hosford
Inman
Jones
Lancaster
Land
Livingston
Markham
Marshburn
McAlpin
McClain
McDonald

Erickson
Frederick
Griffin,B.H.,Jr.
Hollahan
Holley
Johnson
Karl
Knowles
Liles

Mitchell
Nash
Nichols
O'Neill
Papy
Peeples
Reedy
Roberts, C. A.
Rowell
Russ
Saunders, J. A.
Saunders, S. D.
Scott, W. R.
Sims

Loeffler
Mann
Mathews, J.
Matthews, C.
Miner
Nelson
Peavy
Pruitt
Roberts, E. S.

Smith, K.
Smith, S. C.
Stallings
Stone
Strickland
Thomas,A.J.,Jr.
Wadsworth
Walker
Williams, J. J.
Williams, R.
Wise

Russell
Scott, B. J.
Smith, R. J.
Sweeny
Thomas, J.
Turlington
Vocelle
Westberry
Whitaker

Yeas-53.
Nays-36.

Messrs. Chiles, Ryan, and Usina were given unanimous
consent to be recorded as voting "Nay."
Mr. Crews was given unanimous consent to be recorded
as voting "Yea."
So the House failed to concur in Senate Amendment
No. 2, as amended, to House Joint Resolution No. 25-X
by the required Constitutional three-fifths vote of all
Members elected to the House of Representatives.
Mr. Mathews of Duval moved that the House now re-
consider the vote by which the House failed to concur
in Senate Amendment No. 2, as amended, to House Joint
Resolution No. 25-X by the required Constitutional three-
fifths vote of all Members elected to the House of Repre-
sentatives.
The motion to reconsider was agreed to.
The question recurred on "Will the House concur in
Senate Amendment No. 2, as amended, to House Joint
Resolution No. 25-X?"
Pending consideration thereof-

65

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 11, 1962

Mr. Horne moved that the House stand in informal
recess while the Committee on Rules & Calendar holds a
short meeting.

The motion was agreed to.

Thereupon, at the hour of 1:40 P. M., the House stood
in informal recess.

The House reconvened at 2:15 P. M.

THE SPEAKER IN THE CHAIR.

A quorum present.

The question again recurred on "Will the House concur
in Senate Amendment No. 2, as amended, to House Joint
Resolution No. 25-X?"

Pending consideration thereof-

The Speaker ruled that the failure of the House to con-
cur in the Senate amendment, as amended by the House,
had the effect of causing the failure of the House amend-
ments previously proposed and opened the Senate amend-
ment for further amendment. The House would have to
either (1) concur in the Senate amendment, (2) amend
the Senate amendment to the point where the House can
concur in it, as amended, or (3) refuse to concur in the
Senate amendment as it was offered; but it could not
amend a Senate amendment and then return it to the
Senate refusing to concur in the Senate amendment, as
amended by the House.

The Speaker further ruled that the question now before
the House would be "Will the House concur in Senate
Amendment No. 2 to House Joint Resolution No. 25-X?"
Pending consideration thereof-

Mr. Wise moved that the rules be waived and the House
proceed to the order of Unfinished Business on the Cal-
endar.

A roll call was demanded.

When the vote was taken on the motion the result was:

Yeas:

Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hill
Hollahan
Holley
Home
Hosford
Johnson
Jones
Karl
Lancaster
Land
Liles
Livingston
Loeffler
Mann
Marshburn
Mathews, J.
Matthews, C.

Mattox
McAlpin
McClain
McDonald
Miner
Mitchell
Nash
Nelson
Nichols
O'Neill
Papy
Peavy
Peeples
Pruitt
Reedy
Roberts, E. S.
Rowell
Russell
Ryan
Saunders, J. A.

Scott. B. J.
Scott, W. R.
Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stallings
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Usina
Walker
Westberry
Whitaker
Williams, J. J.
Williams, R.
Wise

Nays:
Frederick

Yeas-79.

Nays-1.

The motion was agreed to by a two-thirds vote and it
was so ordered.

UNFINISHED BUSINESS
Pending the taking up of House Joint Resolution No.
30-X-
Mr. Chiles moved that the House stand in informal re-
cess in order to give the Members time to prepare amend-
ments to House Joint Resolution No. 30-X.
A roll call was ordered.

When the vote was taken on the motion
formal recess, the result was:
Yeas:

Mr. Speaker
Anderson
Askins
Ayers
Beck
Bedenbaugh
Bennett
Byrom
Carter
Chaires
Chiles
Cleveland
Costin
Craig
Crews
Daniel
Nays:
Allsworth
Boyd
Erickson

Ducker
Eldredge
Fagan
Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hill
Hollahan
Inman
Johnson
Jones
Karl
Knowles
Land
Liles
Livingston

Holley
Hosford
Loeffler

Mann
Markham
Mathews, J.
Mattox
McAlpin
McClain
McDonald
Nash
Nichols
O'Neill
Pruitt
Reedy
Rowell
Russ
Ryan
Saunders, J. A.

Matthews, C.
Miner
Nelson

to stand in in-

Scott, W. R.
Sims
Smith, K.
Smith, R. J.
Stallings
Strickland
Sweeny
Thomas,A.J.,Jr.
Usina
Vocelle
Westberry
Whitaker
Williams, J. J.
Williams, R.
Wise

Russell
Wadsworth

Yeas-63.
Nays-11.
The motion was agreed to.
Thereupon, at the hour of 2:40 P. M., the House stood
in informal recess.
The House reconvened at 3:15 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 93 Members present.

UNFINISHED BUSINESS
H. J. R. No. 30-X-A Joint Resolution proposing an
amendment to Article VII of the Constitution of the State
of Florida; providing for apportionment of the Florida
Legislature; providing for a state census.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Article VII of the
Constitution of Florida is agreed to and shall be submitted
to the electors of this state for ratification or rejection at
the general election to be held in November 1962:

ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the Legislature.-The Legis-
lature of Florida shall consist of a Senate and a House of
Representatives. Members of the Senate shall be elected
for a term of four (4) years and members of the House of
Representatives shall be elected for a term of two (2)
years. The term of members of the Legislature shall expire
on the first Tuesday after the first Monday in November
of each regular election year. Members of the Senate and
of the House of Representatives shall be elected as pro-
vided by law. Any new county that may be created shall

66

Allsworth
Anderson
Arrington
Askew
Askins
Ayers
Bass
Bedenbaugh
Bennett
Byrom
Carter
Chaires
Chiles
Cleveland
Craig
Daniel
Ducker
Eldredge
Erickson
Fagan

AUGUST 11, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

be entitled to one (1) member of the House of Representa-
tives in excess of any limit prescribed in the following
sections of this article until the next reapportionment and
the county shall be assigned when created to a senatorial
district as determined by the Legislature.
Section 2. Senate.-The Legislature shall divide the
state into geographic areas to be known as senatorial
districts. The number of senatorial districts shall at all
times be equal to the number of congressional districts
within the state but the boundaries of the senatorial dis-
tricts may be different from the boundaries of the con-
gressional districts. The senate shall consist of three (3)
members from each such senatorial district and in addi-
tion each municipality having a total population of fifty
thousand (50,000) according to the latest federal decen-
nial census shall have one (1) senator. The senatorial dis-
tricts shall be created so as to achieve equitable repre-
sentation among them and so that they are as nearly equal
in population as is practicable.
Where the population warrants it, any county may be
divided in creating a senatorial district. There shall be no
maximum limit to the number of counties that may be
joined together to form a senatorial district.
Upon the adoption of this amendment by the electors of
the state, the terms of all senators presently serving in
the Florida Legislature shall terminate. Thereupon, the
governor shall call a special election in the manner pro-
vided by law to elect the new Senate as described herein.
At said special election the senators representing the even
numbered districts shall be elected for four (4) year
terms and the senators representing the odd numbered
districts shall be elected for a term of two (2) years.
Thereafter, all senators shall be elected for terms of four
(4) years.
Section 3. House of Representatives.-Each of the sev-
eral counties shall have one (1) representative for each
one per cent (1%) or major fraction of one per cent (1%)
of the total state population within the boundaries of said
county; provided, that each county shall have at least one
(1) representative.
The 1963 House of Representatives shall be composed
of the representatives elected pursuant to the constitu-
tion of 1885 as amended and of the additional representa-
tives as provided for herein.
Section 4. Legislative apportionment.-If this article is
ratified at the general election in November, 1962, the
Legislature shall be apportioned according to an appor-
tionment bill passed at the extraordinary session convened
in August, 1962, provided nothing in this amendment shall
prohibit any representative elected in the 1962 general
election pursuant to the constitution of 1885 as amended
from serving in said office for the term for which he
was elected and the additional legislative offices herein
created shall be filled by and at a special election to be
held in the affected counties or districts, as provided by
law, such elections to be held within one hundred twenty
(120) days after the effective date hereof.
The Legislature shall reapportion its representation in
accordance with this article in each general legislative
session following the federal decennial census. Such re-
apportionment shall be based upon the preceding latest
federal decennial census.
In the event the Legislature shall fail to reapportion
the representation as required by this article, the gover-
nor shall, within thirty (30) days after the adjournment
of any regular session, call the Legislature together in
extraordinary session to consider the question of reappor-
tionment, and such extraordinary session shall manda-
torily be required to reapportion its membership before
adjournment, and such extraordinary session so called

67

shall not expire until reapportionment is effected and shall
consider no business other than reapportionment.
Section 5. State census.-The Legislature shall no long-
er be required to provide for an enumeration of the in-
habitants of the state. The last preceding decennial fed-
eral census beginning with the federal census of 1950
shall also be the state census and shall control in all pop-
ulation acts and constitutional apportionments, unless
otherwise ordered by the Legislature.
-was taken up, having been read the second time on
August 9 and now pending on motion by Mr. Chiles to
adopt an amendment offered by the Select Committee on
Apportionment, which amendment reads as follows:
Strike out all of Section 2 and insert the following in
lieu thereof: Section 2. Senate-The representation in the
senate of the Florida legislature shall consist of forty-
five (45) members, each representing a district. Twenty-
three (23) districts shall consist of the twenty-three (23)
most populous counties according to the latest federal
decennial census. Twenty-two (22) districts shall be cre-
ated from the remaining forty-four (44) counties of the
state with the view of effecting equitable representation.
No county shall be divided in creating a district. No
county shall be separated from the remainder of the dis-
trict of which it is part by more than a county which
was formerly a part of said district as of 1962.
The question recurred on the adoption of the amend-
ment.
Pending consideration thereof-
Messrs. O'Neill of Marion, Smith of St. Lucie, Mathews
of Duval, Chiles of Polk and Horne of Leon offered the
following substitute amendment to House Joint Resolu-
tion No. 30-X:
Strike out all after the resolving clause and insert the
following in lieu thereof:
That the following amendment of Article VII of the
Constitution of Florida is agreed to and shall be sub-
mitted to the electors of this state for ratification or re-
jection at the general election to be held in November,
1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legisla-
ture of the State of Florida shall consist of a senate and
a house of representatives. Members of the senate shall
be elected for a term of four (4) years and members of
the house shall be elected for a term of two (2) years.
The term of members of the legislature shall expire on
the first Tuesday after the first Monday in November in
each regular election year. Members of the senate and
house of representatives shall be elected as provided by
law. Any new county that may be created shall be en-
titled to one (1) member in the house of representatives
in excess of any limit prescribed in the following sections
of this article until the next reapportionment and the
county shall be assigned when created to a senatorial dis-
trict as determined by the legislature.
Section 2. Representation in the house of representa-
tives.-Representation in the house of representatives of
the Florida legislature shall be apportioned among the
several counties of the state as follows: Each county shall
be entitled to one representative. Each county shall have
one additional representative for each representative ratio
or major fraction thereof. Any county having more than
four (4) representative ratios shall have one representa-
tive in addition to all others herein provided. The rep-
resentative ratio shall be the quotient obtained by di-

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 11, 1962

viding the population of the state according to the latest
federal census by the number of counties; provided that
until the general election in 1964 no county shall have
fewer representatives than it would have been entitled to
under the Constitution of 1885, as amended in 1924.
Section 3. Senate.-The representation in the senate of
the Florida legislature shall consist of forty-six (46)
members, each representing a district. Twenty-four (24)
districts shall consist of the twenty-four (24) most popu-
lous counties according to the latest federal decennial
census. Twenty-two (22) districts shall be created from
the remaining counties of the state with the view of
effecting as equitable representation as practical.
No county shall be divided in creating a district. No
county shall be separated from the remainder of the dis-
trict of which it is part by more than a county which was
formerly a part of the same district in 1961.
Section 4. Legislative apportionment.-The 1963 Legis-
lature shall be composed of the legislators elected pur-
suant to the Constitution of 1885 as amended, and of the
additional legislators as provided for herein. If this ar-
ticle is ratified at the general election in November, 1962,
the legislature shall be apportioned according to appor-
tionment bills passed at the 1962 Extraordinary Session of
the Legislature, provided nothing in this amendment shall
prohibit any representative or senator elected in the 1962
general election pursuant to the Constitution of 1885, as
amended, from serving in said office for the term for which
he was elected, nor shall this amendment prohibit a sena-
tor now serving from completing his term to which he
was elected, and the additional legislative offices herein
created shall be filled by and at a special election to be
held in the affected counties or districts, as provided by
law, such election to be held within one hundred and
twenty (120) days after the effective date hereof. The
senators elected from the new even numbered districts
shall be elected for a term of four (4) years and the new
senators elected from the odd numbered districts shall
be elected for a term of two (2) years; thereafter all sena-
tors shall be elected for four (4) year terms.
The legislature shall reapportion its representation in
accordance with this article at the 1971 regular session
of the legislature and every ten (10) years thereafter
based upon the preceding latest federal decennial census.
In the event the legislature shall fail to reapportion
the representation as required by this article, the gov-
ernor shall call the legislature together in extraordinary
session to consider the question of reapportionment, and
such extraordinary session shall mandatorily be required
to reapportion its membership before adjournment, and
such extraordinary session so called shall not expire
until reapportionment is effected and shall consider no
business other than reapportionment.
Section 5. State census.-The legislature shall no longer
be required to provide for an enumeration of the inhabi-
tants of the state. The last preceding decennial federal
census beginning with the federal census of 1960 shall
also be the state census and shall control in all popula-
tion acts and constitutional apportionments unless other-
wise ordered by the legislature.
Mr. O'Neill moved the adoption of the substitute amend-
ment.
Pending consideration thereof-
Mr. Stallings of Duval offered the following amendment
to the substitute amendment to House Joint Resolution
No. 30-X:
Before the words "That the following amendment" in-
sert the following paragraph:

The Legislature of the State of Florida hereby finds it
to be a fact (a) that the Constitution of the United States,
under Article IV, Section 4, guarantees to each State a
Republican form of government, (b) that prior to the
decision of Baker vs Carr rendered by the Supreme Court
of the United States on March 26, 1962, there was a uni-
form course of decision established by a dozen decisions,
including one by which the very claim sustained in Baker
vs Carr was unanimously rejected by said Supreme Court
only five years previous thereto, (c) that the said uniform
course of decision held that apportionment cases were
"political questions" which were governed by the "Guar-
anty Clause" of Article IV of the Federal Constitution and
not the "Equal Protection Clause" of the Fourteenth
Amendment and that said cases were not justiciable issues
coming under the jurisdiction of Federal Courts, (d) that
said uniform course of decision, by virtue of the vener-
able doctrine of "stare decisis", became the true interpre-
tation of Article IV, Section 4 of the United States Con-
stitution, which is the supreme law of the land regarding
the matter of apportionment of state legislatures, (e)
that the decision in Baker vs Carr is a massive repudia-
tion of the experience of our whole past and asserts a
destructively novel judicial power, (f) that the apparent
purpose of the Baker vs Carr decision was to force state
legislative action contrary to constitutional guarantees
and amounts to nothing less than blackjacking state legis-
latures into reapportioning, and (g) that the Florida Leg-
islature refuses to be coerced by judicial oligarchy or
otherwise and hence hereby chooses to reapportion on its
own will and volition completely apart from the decree
of any federal court of any nature whatsoever.
Mr. Stallings moved the adoption of the amendment to
the substitute amendment.
Pending consideration thereof-
Mr. Mathews of Duval moved that the amendment to
the substitute amendment be laid on the table.
The motion was agreed to and the amendment to the
substitute amendment was laid on the table.
Mr. McClain of Pasco offered the following amendment
to the substitute amendment to House Joint Resolution
No. 30-X:
In Section 2, following the words "or major fraction
thereof" strike out: the period (.) and insert the follow-
ing in lieu thereof:"; provided that an additional represen-
tative shall be assigned to the five counties having the
largest unused fractions in the computation of representa-
tive ratios and"
Mr. McClain moved the adoption of the amendment to
the substitute amendment.
Pending consideration thereof-
Mr. Chiles moved that the amendment to the substitute
amendment be laid on the table.
The motion was agreed to and the amendment to the
substitute amendment was laid on the table.
Mr. Mann of Hillsborough offered the following amend-
ment to the substitute amendment to House Joint Resolu-
tion No. 30-X:
Strike out: entire section 3 and insert the following in
lieu thereof: "Section 3. There shall be forty-two (42)
senatorial districts, as nearly equal in population as prac-
ticable. Each district shall be represented by one senator.
No county shall be divided in creating a district."
Mr. Mann moved the adoption of the amendment to the
substitute amendment.
Pending consideration thereof-

68

AUGUST 11, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Mr. Chiles moved that the amendment to the substitute
amendment be laid on the table.
The motion was agreed to and the amendment to the
substitute amendment was laid on the table.
Mr. Whitaker of Hillsborough offered the following
amendment to the substitute amendment to House Joint
Resolution No. 30-X:
Strike out: entire section 3 and insert the following in
lieu thereof: "Section 3. The Senate of the Florida legis-
lature shall be composed of 38 Senatorial Districts as
nearly equal in population as practicable."
Mr. Whitaker moved the adoption of the amendment to
the substitute amendment.
Pending consideration thereof-
Mr. Chiles moved that the amendment to the substitute
amendment be laid on the table.
The motion was agreed to and the amendment to the
substitute amendment was laid on the table.
REMARKS BY MR. TOM WHITAKER, JR.
Mr. Speaker and Members of the House, I appreciate
this opportunity and I want to thank my good colleague,
Mr. Stone, for withholding his motion for the previous
question a few minutes ago.
If I have ever been able to get the sense of this House,
I think I have it now, and I am sure in view of the sense
of the House that this Amendment will fail of adoption.
However, since this will in all probability be my last ap-
pearance here, and believe me, I feel rather deep sense
of regret over that circumstance, there are a few things
that I feel very strongly must be said at this time and I
hope you gentlemen understand and do not feel too badly
about me taking just a few minutes, and you can at least
be assured it won't happen again.
As you know, I represent the third most populous
county in this State, and yet, as I approached this special
session, my main concern was not for the reapportionment
of the representation in this Florida Legislature, but
rather concern over a very grave and fundamental issue
which some of us have apparently been willing to place
in the background, either because of hysteria that has
been created and whipped up by some of our members
who apparently desire to accomplish reapportionment by
any means, or through misunderstanding and belief that
some mystical, non-existent deadline faces this Legislative
assembly. Be that as it may, the condition exists and I must
comment upon it.
This most grave issue is very clear to me and it is
simply the question of whether or not we are to maintain
our fundamental concepts of government in this country,
or whether the people of the State of Florida and the
other 49 States of this Union are ready to accept the prop-
osition that we no longer need State Legislatures and our
entire affairs may be run either by a Federal Court or
by some bureau or commission appointed to control and
govern these geographical areas we have heretofore
known as States, and I assume that such boards or com-
missions could be appointed by the President of the
United States. Obviously if this were done, it would
obviate the necessity for legislative action. If this is what
the people of this country are ready to accept, then I
think they should be informed of the true issue so they
may make an intelligent choice. I do not believe it is fair
for elected representatives of the people to allow them
to be misled in any fashion as to the question that now
confronts every citizen of the United States-and that
basic question is, do they or do they not desire to main-
tain State governments, or are they ready to acquiesce in
complete centralized government on the Federal level. If
the people understand this issue and desire complete Fed-

69

eral control, then certainly that is the step that should
be taken, but that step should not be allowed to be taken
by default in conditions where the people are not aware
of the true issue, but rather where the true issue is
clouded by questions such as reapportionment.
It has long been true that when one desires to destroy
fundamental concepts or systems that have been built
up over a long number of years, if one is clever in his de-
sire to destroy any such principle or concept, the issue
is not met head on but rather whittled away. One brick
is knocked out of the fundamental structure under one
name, and another brick is knocked out under another
name, until the entire foundation is destroyed.
The very purpose of the Amendment I have offered here
today is to preserve the fundamental question involved.
This is the position I have actually maintained since I
came to Tallahassee and believe it or not, I cannot at
this time be too concerned with possible political conse-
quences for I stand in this body elected to represent my
people, but I have a higher duty than seeking any im-
mediate relief when a fundamental principle is involved,
and I want my people to understand exactly what this
problem is.
I have felt very strongly all along that if anyone in
this Legislature believes in the separation of Federal
and State governments, there is only one proper route
to take at this particular time. We are faced with re-
apportionment. The only way the fundamental issue can
be raised squarely is for the State of Florida to comply
with its own State Constitution; then the State of Florida
is in a position to contest a usurpation of its power. But
as long as the Legislature of the State of Florida stands
in direct and open defiance of the Constitution of this
State, we have no standing to contest this in any Court.
That is my humble opinion. That has been the reason for
many of my actions here, which may, to some of you, have
seemed contradictory at times. That is the position I be-
lieve in most strongly, and I would not hesitate, as a
member of this Legislature in either House, were we in
compliance with our State Constitution, to test this
theory by every means at my disposal. Such action cannot
be taken in good faith as long as we who are elected
under the Constitution of the State of Florida, defy that
same Constitution.
Mr. Daniel moved that the rules be waived and the
foregoing remarks by Mr. Whitaker be spread upon the
journal.
The motion was agreed to by a two-thirds vote and it
was so ordered.

Messrs. Hollahan and Eldredge of Dade offered the fol-
lowing amendment to the substitute amendment to House
Joint Resolution 30-X:

Strike out: all of section 3 and insert the following in
lieu thereof: "Section 3. Senate. The Legislature shall
divide the state into 38 geographic areas to be known as
senatorial districts which districts shall be as nearly
equal in population as practicable. No county shall be
divided in creating a senatorial district and each district
shall have one Senator. Provided however, senatorial dis-
tricts having a population in excess of 700,000 according
to the last federal decennial census shall have two sena-
tors."
Mr. Hollahan moved the adoption of the amendment to
the substitute amendment.
Pending consideration thereof-
Mr. Chiles moved that the amendment to the substitute
amendment be laid on the table.
A roll call was ordered.

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 11, 1962

When the vote was taken on the motion to lay on the
table the result was:
Yeas:

Mr. Speaker
Anderson
Arrington
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Chiles
Costin
Craig
Nays:
Allsworth
Askew
Ducker
Eldredge
Erickson
Frederick
Hill
Yeas 64.
Nays 27.

Crews
Daniel
Fagan
Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Home
Hosford
Inman
Jones
Knowles
Lancaster
Land
Markham
Marshburn
Mathews, J.

Hollahan
Holley
Johnson
Karl
Liles
Livingston
Loeffler

Mattox
McAlpin
McDonald
Miner
Mitchell
Nash
Nichols
O'Neill
Papy
Peeples
Reedy
Roberts, C. A.
Rowell
Russ
Saunders, J. A.
Saunders, S. D.

Mann
Matthews, C.
McClain
Nelson
Pruitt
Roberts, E. S.
Russell

Scott. B. J.
Sims
Smith, K.
Smith, S. C.
Stallings
Stone
Strickland
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Walker
Westberry
Williams, J. J.
Williams, R.
Wise

Ryan
Scott, W. R.
Smith, R. J.
Sweeny
Vocelle
Wadsworth

The motion was agreed to and the amendment to the
substitute amendment was laid on the table.
The question recurred on the adoption of the substitute
amendment to House Joint Resolution No. 30-X offered
by Mr. O'Neill and others.
The motion was agreed to and the substitute amendment
was adopted.
Mr. O'Neill of Marion offered the following amendment
to House Joint Resolution No. 30-X:

Add a new section 6 as follows: "Section 6. If any part
of this joint resolution is declared unconstitutional or
null and void then the entire resolution shall be null,
void and inoperative."

Mr. O'Neill moved the adoption of the amendment.

The motion was agreed to and the amendment was
adopted.
Messrs. Mathews of Duval, Chiles of Polk and Smith of
St. Lucie offered the following amendment to House Joint
Resolution No. 30-X:

Strike out the Title and insert the following in lieu
thereof: "A Joint Resolution proposing an amendment to
Article VII of the Constitution of the State of Florida,
providing for apportionment of the Florida Legislature;
providing for a State Census and Special Elections."

Mr. Mathews of Duval moved the adoption of the amend-
ment.

The motion was agreed to and the amendment was
adopted.

Mr. Mathews of Duval moved that the rules be further
waived and House Joint Resolution No. 30-X, as amended,
be read a third time in full and placed upon its passage.

The motion was agreed to by a two-thirds vote and
House Joint Resolution No. 30-X, as amended, was read a
third time in full.

When the vote was taken on the passage of the joint
resolution, which now reads as follows:
H. J. R. No. 30-X- A Joint Resolution
proposing an amendment to Article VII of the Constitu-
tion of the State of Florida, providing for apportionment
of the Florida Legislature; providing for a State Census
and Special Elections.
Be It Resolved by the Legislature of the State of Florida:
That the following amendment of Article VII of the
Constitution of Florida is agreed to and shall be sub-
mitted to the electors of this state for ratification or re-
jection at the general election to be held in November,
1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legisla-
ture of the State of Florida shall consist of a senate and
a house of representatives. Members of the senate shall
be elected for a term of four (4) years and members of
the house shall be elected for a term of two (2) years.
The term of members of the legislature shall expire on the
first Tuesday after the first Monday in November in each
regular election year. Members of the senate and house of
representatives shall be elected as provided by law. Any
new county that may be created shall be entitled to one
(1) member in the house of representatives in excess of
any limit prescribed in the following sections of this ar-
ticle until the next reapportionment and the county shall
be assigned when created to a senatorial district as deter-
mined by the legislature.
Section 2. Representation in the house of representa-
tives.-Representation in the house of representatives of
the Florida legislature shall be apportioned among the
several counties of the state as follows: Each county shall
be entitled to one representative. Each county shall have
one additional representative for each representative ra-
tio or major fraction thereof. Any county having more
than four (4) representative ratios shall have one repre-
sentative in addition to all others herein provided. The
representative ratio shall be the quotient obtained by di-
viding the population of the state according to the latest
federal census by the number of counties; provided that
until the general election in 1964 no county shall have
fewer representatives than it would have been entitled
to under the Constitution of 1885, as amended in 1924.

Section 3. Senate.-The representation in the senate of
the Florida legislature shall consist of forty-six (46) mem-
bers, each representing a district. Twenty-four (24) dis-
tricts shall consist of the twenty-four (24) most populous
counties according to the latest federal decennial census.
Twenty-two (22) districts shall be created from the re-
maining counties of the state with the view of effecting as
equitable representation as practical.

No county shall be divided in creating a district. No
county shall be separated from the remainder of the dis-
trict of which it is part by more than a county which was
formerly a part of the same district in 1961.

Section 4. Legislative apportionment.-The 1963 Legis-
lature shall be composed of the legislators elected pur-
suant to the Constitution of 1885 as amended, and of the
additional legislators as provided for herein. If this ar-
ticle is ratified at the general election in November, 1962,
the legislature shall be apportioned according to appor-
tionment bills passed at the 1962 Extraordinary Session of
the Legislature, provided nothing in this amendment shall
prohibit any representative or senator elected in the 1962
general election pursuant to the Constitiution of 1885, as
amended, from serving in said office for the term for which
he was elected, nor shall this amendment prohibit a

70

AUGUST 11, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

senator now serving from completing his term to which
he was elected, and the additional legislative offices herein
created shall be filled by and at a special election to be
held in the affected counties or districts, as provided by
law, such election to be held within one hundred and
twenty (120) days after the effective date hereof. The
senators elected from the new even numbered districts
shall be elected for a term of four (4) years and the
new senators elected from the odd numbered districts
shall be elected for a term of two (2) years; thereafter
all senators shall be elected for four (4) year terms.
The legislature shall reapportion its representation in
accordance with this article at the 1971 regular session of
the legislature and every ten (10) years thereafter based
upon the preceding latest federal decennial census.
In the event the legislature shall fail to reapportion the
representation as required by this article, the governor
shall call the legislature together in extraordinary ses-
sion to consider the question of reapportionment, and such
extraordinary session shall mandatorily be required to
reapportion its membership before adjournment, and such
extraordinary session so called shall not expire until re-
apportionment is effected and shall consider no business
other than reapportionment.
Section 5. State census.-The legislature shall no longer
be required to provide for an enumeration of the inhabi-
tants of the state. The last preceding decennial federal
census beginning with the federal census of 1960 shall
also be the state census and shall control in all popula-
tion acts and constitutional apportionments unless other-
wise ordered by the legislature.
Section 6. If any part of this joint resolution is declared
unconstitutional or null and void then the entire resolu-
tion shall be null, void and inoperative.
-the result was:
Yeas:

Daniel
Fagan
Frederick
Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Horne
Hosford
Inman
Jones
Knowles
Lancaster
Land
Markham
Marshburn
Mathews, J.

Hollahan
Holley
Johnson
Karl
Liles
Livingston
Loeffler
Mann

Mattox Sims
McAlpin Smith, K.
McDonald Smith, R. J.
Miner Smith, S. C.
Mitchell Stone
Nichols Sweeny
O'Neill Thomas,A.J.,Jr.
Papy Turlington
Peeples Usina
Pruitt Walker
Reedy Westberry
Rowell Williams, J. J.
Russ Williams, R.
Saunders, J. A. Wise
Scott, B. J.
Scott, W. R.

Matthews, C.
McClain
Nash
Nelson
Peavy
Roberts, C. A.
Roberts, E. S.
Russell

Ryan
Saunders, S. D.
Stallings
Strickland
Thomas, J.
Vocelle
Wadsworth
Whitaker

So House Joint Resolution No. 30-X passed, as amend-
ed, by the required Constitutional three-fifths vote of all
Members elected to the House of Representatives of the
Florida Legislature and was ordered engrossed.
Mr. Mathews of Duval moved that the House reconsider
the vote by which House Joint Resolution No. 30-X passed,
as amended.

Pending consideration thereof-
Mr. O'Neill moved that the motion to reconsider be laid
on the table.
The motion was agreed to and the motion to reconsider
was laid on the table.
Mr. Mathews of Duval moved that the rules be further
waived and House Joint Resolution No. 30-X, as amended,
be immediately certified to the Senate.
The motion was agreed to by a two-thirds vote and
House Joint Resolution No. 30-X, as amended, was ordered
immediately certified to the Senate, after engrossment.
Mr. Matthews of Dade withdrew his name as an intro-
ducer of House Joint Resolution No. 30-X.
Messrs. Mathews and Westberry of Duval, Chiles and
Mattox of Polk, O'Neill of Marion, Bedenbaugh of Colum-
bia and Smith of St. Lucie were given permission to be
recorded as co-introducers of House Joint Resolution No.
30-X.
Mr. Horne moved that the rules be waived and the
House revert to the order of Introduction and Reference
of House Bills, Joint Resolutions, House Resolutions, Con-
current Resolutions and Memorials.
The motion was agreed to by a two-thirds vote and it
was so ordered.
INTRODUCTION AND REFERENCE OF HOUSE
BILLS, JOINT RESOLUTIONS, HOUSE
RESOLUTIONS, CONCURRENT RESOLUTIONS
AND MEMORIALS
By Messrs. Home of Leon and Boyd of Manatee-
H. B. No. 59-X- A bill to be entitled An Act
providing for the apportionment of the membership of the
House of Representatives of the Legislature of the State
of Florida; amending Section 10.03, adding Section 10.04,
Florida Statutes; providing for an election; providing
for filling vacancies; providing effective date.
The bill was read the first time by title and referred
to the Select Committee on Apportionment.
Mr. Horne moved that House Bill No. 59-X be with-
drawn from the Select Committee on Apportionment and
placed on the Calendar.
The motion was agreed to by a two-thirds vote and
House Bill No. 59-X was ordered withdrawn from the
Select Committee on Apportionment and placed on the
Calendar.
Mr. Horne moved that the House stand in informal
recess until a message from the Senate is received con-
taining House Joint Resolution No. 30-X.

The motion was agreed to.

Thereupon, at the hour of 4:25 P. M., the House stood
in informal recess.

The House reconvened at 5:03 P. M.

THE SPEAKER IN THE CHAIR.

The roll was taken to determine the presence of a quo-
rum.

A quorum of 92 Members present.

CONSIDERATION OF MESSAGES
FROM THE SENATE

The following message from the Senate was received
and read:

71

Mr. Speaker
Anderson
Arrington
Askew
Askins
Ayers
Bass
Bedenbaugh
Bennett
Boyd
Carter
Chaires
Chiles
Cleveland
Craig
Crews
Nays:
Allsworth
Beck
Byrom
Costin
Ducker
Eldredge
Erickson
Hill
Yeas-62
Nays-32

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 11, 1962

Tallahassee, Florida
August 11, 1962
The Honorable William V. Chappell, Jr.
Speaker of the House of Representatives
Sir:
I am directed by the Senate to inform the House of Rep-
resentatives that the Senate has passed-
By the required constitutional three-fifths vote of all
Members elected to the Senate for the 1962 Extraordinary
Session of the Florida Legislature:
By Messrs. Mathews of Duval, Bedenbaugh of Columbia,
Mattox and Chiles of Polk, O'Neill of Marion, Westberry
of Duval and Smith of St. Lucie-
HOUSE JOINT RESOLUTION NO. 30-X.
A Joint Resolution proposing an amendment to Article
VII of the Constitution of the State of Florida, providing
for apportionment of the Florida Legislature; providing
for a State Census and Special Elections.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Article VII of the
Constitution of Florida is agreed to and shall be submit-
ted to the electors of this state for ratification or rejection
at the general election to be held in November, 1962:
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legisla-
ture of the State of Florida shall consist of a senate and
a house of representatives. Members of the senate shall
be elected for a term of four (4) years and members of
the house shall be elected for a term of two (2) years.
The term of members of the legislature shall expire on
the first Tuesday after the first Monday in November in
each regular election year. Members of the senate and
house of representatives shall be elected as provided by
law. Any new county that may be created shall be entitled
to one (1) member in the house of representatives in
excess of any limit prescribed in the following sections
of this article until the next reapportionment and the
county shall be assigned when created to a senatorial
district as determined by the legislature.
Section 2. Representation in the house of representa-
tives.-Representation in the house of representatives of
the Florida legislature shall be apportioned among the
several counties of the state as follows: Each county shall
be entitled to one representative. Each county shall have
one additional representative for each representative ra-
tio or major fraction thereof. Any county having more
than four (4) representative ratios shall have one rep-
resentative in addition to all others herein provided. The
representative ratio shall be the quotient obtained by
dividing the population of the state according to the
latest federal census by the number of counties; pro-
vided that until the general election in 1964 no county
shall have fewer representatives than it would have been
entitled to under the Constitution of 1885, as amended
in 1924.
Section 3. Senate.-The representation in the senate
of the Florida legislature shall consist of forty-six (46)
members, each representing a district. Twenty-four (24)
districts shall consist of the twenty-four (24) most pop-
ulous counties according to the latest federal decennial
census. Twenty-two (22) districts shall be created from
the remaining counties of the state with the view of ef-
fecting as equitable representation as practical.

No county shall be divided in creating a district. No
county shall be separated from the remainder of the dis-
trict of which it is part by more than a county which was
formerly a part of the same district in 1961.
Section 4. Legislative apportionment.-The 1963 Legis-
lature shall be composed of the legislators elected pur-
suant to the Constitution of 1885 as amended, and of the
additional legislators as provided for herein. If this article
is ratified at the general election in November, 1962, the
legislature shall be apportioned according to apportion-
ment bills passed at the 1962 Extraordinary Session of
the Legislature, provided nothing in this amendment shall
prohibit any representative or senator elected in the 1962
general election pursuant to the Constitution of 1885, as
amended, from serving in said office for the term for
which he was elected, nor shall this amendment prohibit
a senator now serving from completing his term to which
he was elected, and the additional legislative offices here-
in created shall be filled by and at a special election to
be held in the affected counties or districts, as provided
by law, such election to be held within one hundred and
twenty (120) days after the effective date hereof. The
senators elected from the new even numbered districts
shall be elected for a term of four (4) years and the new
senators elected from the odd numbered districts shall
be elected for a term of two (2) years; thereafter all
senators shall be elected for four (4) year terms.
The legislature shall reapportion its representation in
accordance with this article at the 1971 regular session
of the legislature and every ten (10) years thereafter
based upon the preceding latest federal decennial census.
In the event the legislature shall fail to reapportion the
representation as required by this article, the governor
shall call the legislature together in extraordinary ses-
sion to consider the question of reapportionment, and
such extraordinary session shall mandatorily be required
to reapportion its membership before adjournment, and
such extraordinary session so called shall not expire
until reapportionment is effected and shall consider no
business other than reapportionment.
Section 5. State census.-The legislature shall no long-
er be required to provide for an enumeration of the in-
habitants of the state. The last preceding decennial fed-
eral census beginning with the federal census of 1960
shall also be the state census and shall control in all
population acts and constitutional apportionments unless
otherwise ordered by the legislature.
Section 6. If any part of this joint resolution is de-
clared unconstitutional or null and void then the entire
resolution shall be null, void and inoperative.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And House Joint Resolution No. 30-X, contained in the
above message, was ordered enrolled.
COMMUNICATIONS
The following communication was received and read:
STATE OF FLORIDA
Office of the Governor
Tallahassee
August 11, 1962
TO THE HONORABLE MEMBERS OF THE SENATE
AND THE HOUSE OF REPRESENTATIVES:
Pursuant to the authority vested in me by Article 4,
Section 8, of the Constitution of the State of Florida, I
call to your attention, while you are convened in extraordi-
nary session, the following legislative business, not in-

72'

AUGUST 11, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

eluded in my executive proclamation of July 24, 1962,
which, however, I regard as being of an urgent nature:
It has been brought to my attention that the citrus in-
dustry is presently facing grave problems in the marketing
of large citrus crops. More specifically, it appears that
unless funds can be made available for an emergency ad-
vertising-merchandising program, citrus prices in the
coming crop year will be reduced to a point that would
have an adverse effect upon not only the citrus industry
but the entire economy of the State. Enactment by this
Legislature of an emergency tax measure would largely
alleviate this problem by allowing the citrus industry to
enter into an increased advertising-merchandising pro-
gram. This emergency tax would be an increase of the
tax borne solely by the citrus industry and presently
levied by Florida Statute 601.15(3) (a).
I, therefore, call upon you to consider the passage of
legislation to increase the tax upon oranges now imposed
under Florida Statute 601.15(3) (a), for the purpose of
increasing the funds available to finance an advertising-
merchandising program.
In asking your consideration of this additional matter,
I am cognizant of the diligence with which you have
sought an equitable solution of the problem which occa-
sioned this extraordinary session. For this, and for the
many courtesies which have been extended to me and to
the members of my staff by your offices and by individual
legislators, I express my deep appreciation.
Respectfully,
FARRIS BRYANT,
Governor
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS AND MEMORIALS
By Messrs. Griffin, Mattox, and Chiles of Polk, Askins
of Nassau, Ayers of Hernando, Bass of Hardee, Cleveland
of Seminole, Daniel and Reedy of Lake, Ducker of Orange,
Griffin of Osceola, Horne of Leon, Knowles of Manatee,
Liles of Hillsborough, Livingston of Highlands, Markham
of Okeechobee, Miner of Hendry, O'Neill of Marion,
Peeples of Glades, Roberts of Union, Smith of St. Lucie,
Smith of DeSoto, Vocelle of Indian River, Wadsworth of
Flagler, and Mrs. Johnson of Orange -
H. B. No. 60-X A bill to be entitled An Act
amending section 601.15(3) (a), Florida Statutes, relating
to excise taxes on citrus so as to provide for an increase
of the excise taxes on oranges from five cents (50) per
standard packed box to ten cents (100) per standard
packed box, and fixing the period during which such in-
crease shall be in effect; providing that this act shall
not repeal or affect to any extent section 601.151, Florida
Statutes, or any amendment thereof; providing for an ef-
fective date.
The bill was read the first time by title and referred
to the Committee on Finance and Taxation.
Mr. Griffin of Polk moved that House Bill No. 60-X be
withdrawn from the Committee on Finance & Taxation
and placed on the calendar.
The motion was agreed to by a two-thirds vote and
House Bill No. 60-X was ordered withdrawn from the
Committee on Finance & Taxation and placed on the
calendar.
Mr. Griffin of Polk was given unanimous consent to
now consider House Bill No. 60-X.
Mr. Griffin of Polk moved that the rules be waived and
House Bill No. 60-X be read a second time by title.
The motion was agreed to by a two-thirds vote and
House Bill No. 60-X was read a second time by title.

73

Mr. Griffin of Polk moved that the rules be further
waived and House Bill No. 60-X be read a third time in
full and placed upon its passage.
The motion was agreed to by a two-thirds vote and
House Bill No. 60-X was read a third time in full.

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

Yeas:

Mr. Speaker
Allsworth
Anderson
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Chiles
Cleveland
Costin
Craig
Crews
Daniel
Ducker
Eldredge
Nays:

Erickson
Fagan
Frederick
Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hill
Hollahan
Holley
Home
Hosford
Inman
Johnson
Jones
Karl
Knowles
Lancaster
Land
Liles
Livingston
Mann
Markham
Marshburn

Mathews, J.
Matthews, C.
Mattox
McAlpin
McClain
McDonald
Miner
Nash
Nelson
Nichols
O'Neill
Papy
Peavy
Peeples
Pruitt
Reedy
Roberts, C. A.
Roberts, E. S.
Rowell
Russ
Ryan
Saunders, J. A.
Saunders, S. D.

Scott, B. J.
Scott, W. R.
Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stallings
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Vocelle
Wadsworth
Walker
Westberry
Whitaker
Williams, J. J.
Williams, R.

Loeffler
Yeas 90
Nays 1

So the bill passed, title as stated.

Mr. Griffin of Polk moved that the rules be further
waived and House Bill No. 60-X be immediately certified
to the Senate.

The motion was agreed to by a two-thirds vote and
House Bill No. 60-X was ordered immediately certified to
the Senate.

By Mr. Mann of Hillsborough-

H. B. No. 61-X A bill to be entitled An Act
providing a method for the apportionment of the member-
ship of the Senate and House of Representatives of the
State of Florida upon the happening of certain contingen-
cies.

The bill was read the first time by title and referred to
the Select Committee on Apportionment.

CONSIDERATION OF MESSAGES FROM THE SENATE
The following messages from the Senate were received
and read:
Tallahassee, Florida
August 11, 1962
The Honorable William V. Chappell, Jr.
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 three-fifths vote of all
members elected to the Senate for the 1962 Extraordinary
Session of the Florida legislature.

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 11, 1962

By Senator Pope-
Senate Joint Resolution No. 18-X(62) -A Joint Resolu-
tion withdrawing Senate Joint Resolution No. 216, entitled
"A joint resolution proposing an amendment to Article
VII of the state constitution relating to apportionment and
census."
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That senate joint resolution No. 216 proposing to amend
article VII of the state constitution shall not be sub-
mitted to the electors of Florida for ratification or re-
jection at the next general election to be held in Novem-
ber 1962.
That the legislature does rescind the resolution No.
216 and directs the secretary of state to withdraw reso-
lution No. 216 from the 1962 November general election
ballot.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Joint Resolution No. 18-X, contained in
the above message, was read the first time in full and
referred to the Select Committee on Apportionment.
Mr. Askew moved that Senate Joint Resolution No. 18-X
be withdrawn from the Select Committee on Apportion-
ment and placed on the calendar.
The motion was agreed to by a two-thirds vote and
Senate Joint Resolution No. 18-X was ordered withdrawn
from the Select Committee on Apportionment and placed
on the calendar.
Mr. Askew was given unanimous consent to now con-
sider Senate Joint Resolution No. 18-X.
Mr. Askew moved that the rules be waived and Senate
Joint Resolution No. 18-X be read a second time in full.
The motion was agreed to by a two-thirds vote and
Senate Joint Resolution No. 18-X was read a second time
in full.
Mr. Askew moved that the rules be further waived and
Senate Joint Resolution No. 18-X be read a third time in
full and placed upon its passage.
The motion was agreed to by a two-thirds vote and Sen-
ate Joint Resolution No. 18-X was read a third time in
full.
When the vote was taken on the passage of the joint
resolution, which reads as follows:
Senate Joint Resolution No. 18-X(62)-A Joint Resolu-
tion withdrawing Senate Joint Resolution No. 216, entitled
"A joint resolution proposing an amendment to Article
VII of the state constitution relating to apportionment and
census."

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

That senate joint resolution No. 216 proposing to amend
article VII of the state constitution shall not be sub-
mitted to the electors of Florida for ratification or rejec-
tion at the next general election to be held in November
1962.

That the legislature does rescind the resolution No.
216 and directs the secretary of state to withdraw resolu-
tion No. 216 from the 1962 November general election
ballot.

-the result was:
Yeas:

Mr. Speaker
Allsworth
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Chiles
Cleveland
Costin
Craig
Crews
Daniel
Ducker
Eldredge
Nays:

Erickson
Fagan
Frederick
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hollahan
Holley
Home
Hosford
Inman
Johnson
Jones
Karl
Knowles
Lancaster
Land
Liles
Livingston
Loeffler
Mann
Markham
Marshburn

Anderson Peavy
Hill Stallings

Mathews, J.
Matthews, C.
Mattox
McAlpin
McClain
McDonald
Miner
Nash
Nelson
Nichols
O'Neill
Papy
Peeples
Pruitt
Reedy
Roberts, C. A.
Roberts, E. S.
Rowell
Russ
Russell
Ryan
Saunders, J. A.

Saunders, S. D.
Scott, B. J.
Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Usina
Vocelle
Wadsworth
Walker
Westberry
Whitaker
Williams, J. J.
Williams, R.
Wise

Turlington

Yeas-86
Nays-5

So Senate Joint Resolution No. 18-X passed by the re-
quired Constitutional three-fifths vote of all Members
elected to the House of Representatives of the Florida
Legislature and was ordered certified to the Senate.

Tallahassee, Florida
August 11, 1962
The Honorable William V. Chappell, Jr.
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 Senator Pope-

S. B. No. 19X (62)-A Bill to be entitled An Act to re-
peal chapter 61-6, Laws of Florida, as enacted by the leg-
islature in regular session in 1962 relating to amending
sections 10.01, 10.02, and 10.03, Florida Statutes, reappor-
tioning the senate and house of representatives; providing
an effective date.
-and respectfully requests the concurrence of the
House therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate

And Senate Bill No. 19-X, contained in the above mes-
sage, was read the first time by title and referred to the
Select Committee on Apportionment.
Mr. Mathews of Duval moved that Senate Bill No. 19-X
be withdrawn from the Select Committee on Apportion-
ment and placed on the Calendar.
The motion was agreed to by a two-thirds vote and
Senate Bill No. 19-X was ordered withdrawn from the
Select Committee on Apportionment and placed on the
Calendar.

Mr. Mathews of Duval was given unanimous consent to
now consider Senate Bill No. 19-X.

74

AUGUST 11, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Mr. Mathews of Duval moved that the rules be waived
and Senate Bill No. 19-X be read a second time by title.
The motion was agreed to by a two-thirds vote and
Senate Bill No. 19-X was read a second time by title.
Mr. Mathews of Duval offered the following amendment
to Senate Bill No. 19-X:
In the title, following the words "in regular session in"
strike out: "1962" and insert the following in lieu thereof:
"1961"
Mr. Mathews of Duval moved the adoption of the amend-
ment.
The motion was agreed to and the amendment was
adopted.
Mr. Mathews of Duval moved that the rules be further
waived and Senate Bill No. 19-X, as amended, be read a
third time in full and placed upon its passage.
The motion was agreed to by a two-thirds vote and
Senate Bill No. 19-X, as amended, was read a third time
in full.
When the vote was taken on the passage of the bill the
result was:
Yeas:

Erickson
Fagan
Frederick
Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hollahan
Home
Inman
Johnson
Jones
Karl
Knowles
Lancaster
Land
Liles
Livingston
Loeffler
Markham
Marshburn
Mathews, J.

Mann

Matthews, C.
Mattox
McAlpin
McClain
McDonald
Miner
Nash
Nelson
Nichols
O'Neill
Papy
Peeples
Pruitt
Reedy
Roberts, E. S.
Russ
Russell
Ryan
Saunders, J. A.
Scott, B. J.
Scott, W. R.

Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Usina
Vocelle
Wadsworth
Walker
Westberry
Whitaker
Williams, J. J.
Williams, R.
Wise

Stallings

Yeas-81
Nays-3
So the bill passed, as amended.
Mr. Mathews of Duval moved that the rules be further
waived and Senate Bill No. 19-X, as amended, be imme-
diately certified to the Senate.
The motion was agreed to by a two-thirds vote and
Senate Bill No. 19-X, as amended, was ordered imme-
diately certified to the Senate, after engrossment.
Mr. Chiles was given unanimous consent to now take
up and consider House Bill No. 59-X, and
H. B. No. 59-X- A bill to be entitled An Act
providing for the apportionment of the membership of
the House of Representatives of the Legislature of the
State of Florida; amending Section 10.03, adding Section
10.04, Florida Statutes; providing for an election; pro-
viding for filling vacancies; providing effective date.
-was taken up.
Mr. Chiles moved that the rules be waived and House
Bill No. 59-X be read a second time by title.

75

The motion was agreed to by a two-thirds vote and
House Bill No. 59-X was read a second time by title.

Messrs. Bennett of Bay and Crews of Baker offered the
following amendment to House Bill No. 59-X:

In Section 4, strike out: entire Section and insert the
following in lieu thereof: "Section 4. This Act shall take
effect immediately upon the ratification of an amendment
to Article VII of the Constitution as presented by the
legislature in extraordinary session, 1962, by House Joint
Resolution No. 30-X, as amended."

Mr. Bennett moved the adoption of the amendment.

The motion was agreed to and the amendment was
adopted.

Messrs. Chiles of Polk, Hollahan, Eldredge and
Matthews of Dade and O'Neill of Marion offered the fol-
lowing amendment to House Bill No. 59-X:

In Section 2, Sub-section (4) strike out: entire sub-
section (4)
Mr. Hollahan moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Messrs. Bennett of Bay and Crews of Baker offered the
following amendment to House Bill No. 59-X:
In Section 2, Sub-section (1), line 1, following the words
"Legislative Apportionment.-" strike out: "The 1962 leg-
islature" and insert the following in lieu thereof: "The
1963 legislature"
Mr. Bennett moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Messrs. Bennett of Bay and Crews of Baker offered the
following amendment to House Bill No. 59-X:
In Section 2, Sub-section (1), line 11, following the
word "Such election" strike out: "to" and insert the fol-
lowing in lieu thereof: "shall"
Mr. Bennett moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Mr. Chiles moved that the rules be further waived and
House Bill No. 59-X, as amended, be read a third time in
full and placed upon its passage.

The motion was agreed to by a two-thirds vote and
House Bill No. 59-X, as amended, was read a third time
in full.
When the vote was taken on the passage of the bill the

result was:
Yeas:
Mr. Speaker
Anderson
Arrington
Askew
Askins
Ayers
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Chiles
Cleveland
Craig

Crews
Daniel
Fagan
Frederick
Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Horne
Hosford
Inman
Jones
Knowles
Lancaster
Land
Livingston

Markham
Marshburn
Mathews, J.
Mattox
McDonald
Miner
Nichols
O'Neill
Papy
Peeples
Pruitt
Rowell
Russ
Saunders, J. A.
Scott, B. J.

Scott, W. R.
Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stone
Sweeny
Thomas,A.J.,Jr.
Usina
Vocelle
Walker
Westberry
Williams, J. J.
Williams, R.
Wise

Mr. Speaker
Allsworth
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chiles
Cleveland
Costin
Craig
Crews
Daniel
Ducker
Eldredge
Nays:

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 11, 1962

Nays:
Allsworth
Beck
Costin
Ducker
Eldredge
Erickson
Hill
Yeas-60
Nays-28

Hollahan
Karl
Liles
Loeffler
Mann
Matthews, C.
McClain

Nash
Nelson
Peavy
Roberts, C. A.
Roberts, E. S.
Russell
Ryan

Messrs. Bass and McAlpin were given
sent to be recorded as voting "Yea".

Saunders, S. D.
Stallings
Strickland
Thomas, J.
Turlington
Wadsworth
Whitaker

unanimous con-

Mrs. Johnson was given unanimous consent to be re-
corded as voting "Nay".
So the bill passed, as amended.
Mr. Mathews of Duval moved that the rules be further
waived and House Bill No. 59-X, as amended, be imme-
diately certified to the Senate.
The motion was agreed to by a two-thirds vote and
House Bill No. 59-X, as amended, was ordered imme-
diately certified to the Senate, after engrossment.
Mr. Horne was given unanimous consent to now take
up and consider Senate Concurrent Resolution No. 16-X,
and-
S. C. R. No. 16-X(62)- A Concurrent Resolution
providing for a joint legislative advisory committee on
apportionment; providing the manner of selection of the
members thereof; providing powers and duties.
WHEREAS, the Supreme Court of the United States has
decreed that the federal courts may exercise jurisdiction
in state apportionment matters, and
WHEREAS, the three-judge federal district court in
Florida has concluded that the constitutional and statutory
provisions relating to the apportionment of the Florida
legislature are invidiously discriminatory, and
WHEREAS, the legislature of the state of Florida has
been convened for the purpose of providing a satisfactory
apportionment formula, and
WHEREAS, the legislature in special session assembled
is endeavoring to solve the apportionment problem of the
state of Florida, and
WHEREAS, it appears that irrespective of the appor-
tionment formula adopted by the legislature that this
question will require continued and diligent effort on the
part of all branches of state government in order to prop-
erly protect the rights of our citizens, and
WHEREAS, there exists a need for legislative delibera-
tion, guidance and assistance to coordinate and counsel
with those in whom is vested the responsibility of initiat-
ing and continuing action in this regard, and
WHEREAS, there exists a need for the legislature to
discharge responsibilities in furtherance of the litigation
in which the state is involved as well as the possible
developments of the future, and

WHEREAS, in view of the critical circumstances in
which the state of Florida finds itself, NOW, THERE-
FORE,

BE IT RESOLVED BY THE SENATE OF THE STATE
OF FLORIDA, THE HOUSE OF REPRESENTATIVES
CONCURRING:

Section 1. There is hereby created a joint legislative
advisory committee on apportionment to be composed of

ten (10) members of the legislature to be appointed as
follows:
The President of the Senate shall appoint five (5)
members of the Senate; the Speaker of the House of Rep-
resentatives shall appoint five (5) members of the House
of Representatives; such appointments shall be made
as soon as practical after this resolution shall become
effective.
When said appointments have been made the committee
shall meet and elect a chairman and vice-chairman and
organize in such a manner as shall be compatible to the
prompt dispatch of the business of the committee. The
members of the committee shall serve at the pleasure of
the officer making the appointment. Vacancies shall be
filled by the officer appointing the vacating member.
Section 2. The committee shall have the duty to estab-
lish liaison, counsel and advise with the other members
of the legislature, the executive, as well as the judicial
branches of government in all matters relating to the
complete and satisfactory apportionment of the Florida
legislature.
The committee shall have the authority to assemble such
data as is deemed necessary, to employ counsel and other
persons necessary to carry out its functions and to take
such other proper and necessary action as required to
carry out its purposes and objectives.
Section 3. All expenses incident to the above shall be
paid out of general legislative appropriations provided in
section 11.12, Florida Statutes, and millage and per diem
of committee members shall be paid at the rate provided
in Section 112.106, Florida Statutes, by the State Treas-
urer upon warrant drawn by the State Comptroller.
-was taken up.
Mr. Horne moved that Senate Concurrent Resolution
No. 16-X be read a second time in full.
The motion was agreed to and Senate Concurrent Reso-
lution No. 16-X was read a second time in full.
Mr. Mathews of Duval offered the following amendment
to Senate Concurrent Resolution No. 16-X:
In Section 3, line 3, strike out: "Millage" and insert the
following in lieu thereof: "Mileage" and in line 5, strike
out "112.106" and insert the following in lieu thereof:
"112.061."
Mr. Mathews of Duval moved the adoption of the amend-
ment.
The motion was agreed to and the amendment was
adopted.
Mr. Horne moved the adoption of the concurrent resolu-
tion, as amended.
A roll call was ordered.

When the vote was taken on the adoption of the con-
current resolution, as amended, the result was:
Yeas:

Mr. Speaker
Allsworth
Anderson
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd

Byrom
Carter
Chaires
Chiles
Cleveland
Crews
Daniel
Ducker
Eldredge
Erickson
Fagan
Frederick

Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hill
Hollahan
Holley
Horne
Hosford
Inman
Johnson
Jones
Karl

Knowles
Lancaster
Land
Livingston
Markham
Marshburn
Mathews, J.
Mattox
McAlpin
McClain
Miner
Nash

76

AUGUST 11, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Rowell
Russ
Ryan
Saunders, S. I
Scott, B. J.
Scott, W. R.
Sims

Mann
Matthews, C.
McDonald
Roberts, E. S.

Smith, K.
Smith, R. J.
Smith, S. C.
). Stallings
Stone
Strickland
Sweeny

Thomas,A.J.,Jr.
Thomas, J.
Turlington
Westberry
Whitaker
Williams, J. J.
Williams, R.

Russell Walker
Saunders, J. A. Wise
Usina
Vocelle

Yeas-76
Nays-14
So Senate Concurrent Resolution No. 16-X, as amended,
was adopted and ordered immediately certified to the Sen-
ate, after engrossment.
Tallahassee, Florida
August 11, 1962
The Honorable William V. Chappell, Jr.
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 Senator Carraway-
S. B. No. 21-X(62)- A Bill to be entitled An Act
providing for the apportionment of the membership of
the senate of the legislature of the state of Florida into
forty-six (46) districts; amending section 10.01, adding
section 10.04, Florida Statutes; providing for an election;
providing for filling vacancies; providing effective date.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Bill No. 21-X, contained in the above mes-
sage, was read the first time by title and referred to the
Select Committee on Apportionment.
Mr. Crews moved that Senate Bill No. 21-X be with-
drawn from the Select Committee on Apportionment and
placed on the Calendar.
The motion was agreed to by a two-thirds vote and
Senate Bill No. 21-X was ordered withdrawn from the
Select Committee on Apportionment and placed on the
Calendar.
Mr. O'Neill was given unanimous consent to now con-
sider Senate Bill No. 21-X.

Mr. O'Neill moved that the rules be waived and Senate
Bill No. 21-X be read a second time by title.

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

Mr. Bennett of Bay offered the following amendment
to Senate Bill No. 21-X:

In Section 2, Sub-section (1), line 1, after "The" strike
out "1962" and insert the following in lieu thereof: "1963"

Mr. Bennett moved the adoption of the amendment.

The motion was agreed to and the amendment was
adopted.

Mr. Bennett of Bay offered the following amendment
to Senate Bill No. 21-X:

Nelson
Nichols
O'Neill
Papy
Peavy
Pruitt
Reedy
Nays:
Costin
Craig
Liles
Loeffler

the result was

Yeas:
Mr. Speaker
Anderson
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Chiles
Cleveland
Costin
Nays:
Allsworth
Daniel
Ducker
Eldredge
Erickson
Griffin,B.H.,Jr.
Hill
Hollahan
Yeas-61
Nays-30

Craig
Crews
Fagan
Frederick
Fuqua
Griflin,J.J.,Jr.
Home
Hosford
Inman
Jones
Knowles
Lancaster
Land
Markham
Marshburn
Mathews, J.

Holley
Johnson
Karl
Liles
Livingston
Loeffler
Mann
Matthews, C.

Mattox
McAlpin
McClain
McDonald
Miner
O'Neill
Papy
Peeples
Pruitt
Reedy
Rowell
Russ
Saunders, J. A.
Scott, B. J.
Scott, W. R.
Sims

Nash
Nelson
Peavy
Roberts, C. A.
Roberts, E. S.
Russell
Ryan
Saunders, S. D.

Smith, K.
Smith, R. J.
Smith, S. C.
Stone
Sweeny
Thomas,A.J.,Jr.
Usina
Vocelle
Walker
Westberry
Williams, J. J.
Williams, R.
Wise

Stallings
Strickland
Thomas, J.
Turlington
Wadsworth
Whitaker

Strike out entire section 4 and insert the following in
lieu thereof: "Section 4. This act shall take effect imme-
diately upon the ratification of an amendment to Article
VII of the Constitution as presented by the legislature
in extraordinary session 1962, by House Joint Resolution
No. 30-X, as amended."
Mr. Bennett moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Mr. Livingston of Highlands offered the following
amendment to Senate Bill No. 21-X:
In Section 1, Sub-section (2), strike out: "Twenty-
seventh district-Hardee county and DeSoto county" and
"Forty-fourth District-Highlands county and Charlotte
county" and insert the following in lieu thereof: "Twenty-
seventh district-Hardee county, DeSoto county and
Highlands county" and "Forty-fourth district-Charlotte
county."
Mr. Livingston moved the adoption of the amendment.
The motion was not agreed to and the amendment was
not adopted.
Mr. Bennett of Bay offered the following amendment
to Senate Bill No. 21-X:
In Section 2, Sub-section (1), line 11, following the
words "Such election" strike out: "to" and insert the fol-
lowing in lieu thereof: "shall"
Mr. Bennett moved the adoption of the amendment.

The motion was agreed to and the amendment was
adopted.
Mr. O'Neill moved that the rules be further waived
and Senate Bill No. 21-X, as amended, be read a third
time in full and placed upon its passage.

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

When the vote was taken on the passage of the bill

77

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 11, 1962

Mr. Arrington was given unanimous consent to be re-
corded as voting "Yea".
So the bill passed, as amended.
Mr. O'Neill moved that the rules be further waived
and Senate Bill No. 21-X, as amended, be immediately
certified to the Senate.
The motion was agreed to by a two-thirds vote and
Senate Bill No. 21-X, as amended, was ordered immedi-
ately certified to the Senate, after engrossment.
Mr. Crews was given unanimous consent to now take up
and consider Senate Bill No. 13-X, and
S. B. No. 13-X(62)- A Bill to be entitled An Act
appropriating fifty thousand dollars ($50,000.00) emer-
gency reserve fund to be released as needed by the budget
commission for court expenses in connection with litiga-
tion concerning reapportionment; providing an effective
date.
-was taken up.
Mr. Crews moved that the rules be waived and Senate
Bill No. 13-X be read a second time by title.
The motion was agreed to by a two-thirds vote and Sen-
ate Bill No. 13-X was read a second time by title.
Mr. Crews moved that the rules be further waived and
Senate Bill No. 13-X be read a third time in full and
placed upon its passage.
The motion was agreed to by a two-thirds vote and Sen-
ate Bill No. 13-X was read a third time in full.
When the vote was taken on the passage of the bill the
result was:

Erickson
Fagan
Fuqua
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hill
Holley
Home
Hosford
Inman
Johnson
Jones
Karl
Knowles
Lancaster
Land
Liles
Livingston
Loeffler
Mann
Markham

Marshburn
Mathews, J.
Mattox
McAlpin
McClain
Miner
Nash
Nelson
Nichols
Papy
Pruitt
Reedy
Roberts, C. A.
Rowell
Russ
Russell
Ryan
Saunders, J. A.
Saunders, S. D.
Scott, B. J.
Scott, W. R.

Sims
Smith, K.
Smith, R. J.
Smith, S. C.
Stallings
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Wadsworth
Walker
Westberry
Whitaker
Williams, J. J.
Williams, R.
Wise

Frederick Matthews, C. Usina
Hollahan O'Neill Vocelle

So the bill passed, title as stated.
Mr. Crews moved that the rules be further waived and
Senate Bill No. 13-X be immediately certified to the Senate.
The motion was agreed to by a two-thirds vote, and the
bill was ordered immediately certified to the Senate.
Tallahassee, Florida
August 11, 1962
The Honorable William V. Chappell, Jr.
Speaker of the House of Representatives
Sir:
I am directed by the Senate to inform the House of Rep-

resentatives that the Senate has admitted for introduc-
tion and consideration by two-thirds vote and passed-
By Senator Galloway-
S. B. No. 22-X(62) A Bill to be entitled' An Act
relating to the distribution of race track funds in any
county having a population of not less than fifteen thou-
sand (15,000) nor more than fifteen thousand six hundred
(15,600) according to the latest official decennial census;
providing an effective date.
-and respectfully requests the concurrence of the
House therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
The Speaker ruled that the consideration of Senate Bill
No. 22-X would constitute Legislative business other than
that for which the Legislature was especially convened.
Mr. Horne moved that this House determine that it
shall transact the Legislative business of the considera-
tion of Senate Bill No. 22-X.
The motion was not agreed to by the required Consti-
tutional two-thirds vote, and Senate Bill No. 22-X was not
admitted for consideration by the House.

Tallahassee, Florida
August 11, 1962
The Honorable William V. Chappell, Jr.
Speaker of the House of Representatives
Sir:
I am directed by the Senate to inform the House of
Representatives that the Senate has adopted-
By Senator Davis-
Senate Concurrent Resolution No. 23-X(62)-A Concur-
rent Resolution providing for sine die adjournment of the
1962 extraordinary session.
BE IT RESOLVED BY THE SENATE OF THE STATE
OF FLORIDA, THE HOUSE OF REPRESENTATIVES
CONCURRING:
Section 1. This Extraordinary Session of the Legislature
shall adjourn sine die at 7:10 (seven-ten) o'clock P. M.,
Saturday, August 11, 1962.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate

And Senate Concurrent Resolution No. 23-X, contained
in the above message, was read the first time in full.
Mr. Horne moved that the rules be waived and Senate
Concurrent Resolution No. 23-X be read a second time
by title.

The motion was agreed to by a two-thirds vote and
Senate Concurrent Resolution No. 23-X was read a second
time by title.
Mr. Horne moved the adoption of the concurrent resolu-
tion.
A roll call was ordered.
When the vote was taken on the adoption of the con-
current resolution, the result was:
Yeas:

Mr. Speaker Anderson Askew
Allsworth Arrington Askins

Ayers
Bass

78

Yeas:
Mr. Speaker
Allsworth
Anderson
Arrington
Askew
Askins
Ayers
Bass
Beck
Bedenbaugh
Bennett
Boyd
Byrom
Carter
Chaires
Chiles
Cleveland
Costin
Crews
Daniel
Ducker
Nays:
Craig
Eldredge
Yeas-81
Nays-8

AUGUST 11, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Beck
Bedenbaugh
Bennett
Boyd
Carter
Chaires
Chiles
Cleveland
Craig
Crews
Daniel
Ducker
Eldredge
Erickson
Fagan
Frederick
Fuqua
Griffin,B.H.,Jr.
Griffln,J.J.,Jr.
Hill

Hollahan
Holley
Home
Hosford
Inman
Johnson
Jones
Karl
Knowles
Lancaster
Land
Liles
Livingston
Loeffler
Mann
Markham
Marshburn
Mathews, J.
Mattox
McAlpin

McClain Sims
McDonald Smith, K.
Miner Smith, R. J.
Nash Smith, S. C.
Nelson Stallings
Nichols Stone
Papy Strickland
Peavy Thomas,A.J.,Jr.
Peeples Thomas, J.
Reedy Turlington
Roberts, C. A. Usina
Roberts, E. S. Wadsworth
Rowell Walker
Russ Westberry
Russell Whitaker
Ryan Williams, J. J.
Saunders, J. A. Williams, R.
Saunders, S. D. Wise
Scott, B. J.
Scott, W. R.

Yeas-86
Nays-None
So Senate Concurrent Resolution No. 23-X was adopted
and ordered immediately certified to the Senate.
Tallahassee, Florida
August 11, 1962
The Honorable William V. Chappell, Jr.
Speaker of the House of Representatives
Sir:
I am directed by the Senate to inform the House of
Representatives that the Senate has concurred in House
amendment to-
By Senator Pope-
S. B. No. 19-X(62)- A Bill to be entitled An Act
to repeal chapter 61-6, Laws of Florida, as enacted by the
legislature in regular session in 1962 relating to amend-
ing sections 10.01, 10.02, and 10.03, Florida Statutes, re-
apportioning the senate and house of representatives;
providing an effective date.
-which amendment reads as follows:
In Title, following the words "in regular session in"
strike out: 1962 and insert the following in lieu thereof:
1961
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
Tallahassee, Florida
August 11, 1962
The Honorable William V. Chappell, Jr.
Speaker of the House of Representatives
Sir:
I am directed by the Senate to inform the House of
Representatives that the Senate has concurred in House
Amendment to-
By Senator Johnson-
Senate Concurrent Resolution No. 16-X(62)--
A CONCURRENT RESOLUTION PROVIDING FOR A
JOINT LEGISLATIVE ADVISORY COMMITTEE ON
APPORTIONMENT; PROVIDING THE MANNER OF
SELECTION OF THE MEMBERS THEREOF; PRO-
VIDING POWERS AND DUTIES.
WHEREAS, the Supreme Court of the United States
has decreed that the federal courts may exercise jurisdic-
tion in state apportionment matters, and
WHEREAS, the three-judge federal district court in

79

Florida has concluded that the constitutional and statu-
tory provisions relating to the apportionment of the Flor-
ida legislature are invidiously discriminatory, and
WHEREAS, the legislature of the state of Florida has
been convened for the purpose of providing a satisfactory
apportionment formula, and
WHEREAS, the legislature in special session assembled
is endeavoring to solve the apportionment problem of the
state of Florida, and
WHEREAS, it appears that irrespective of the appor-
tionment formula adopted by the legislature that this
question will require continued and diligent effort on
the part of all branches of state government in order to
properly protect the rights of our citizens, and
WHEREAS, there exists a need for legislative delibera-
tion, guidance and assistance to coordinate and counsel
with those in whom is vested the responsibility of initiat-
ing and continuing action in this regard, and
WHEREAS, there exists a need for the legislature to
discharge responsibilities in furtherance of the litigation
in which the state is involved as well as the possible de-
velopments of the future, and
WHEREAS, in view of the critical circumstances in
which the state of Florida finds itself, NOW, THERE-
FORE,
BE IT RESOLVED BY THE SENATE OF THE STATE
OF FLORIDA, THE HOUSE OF REPRESENTATIVES
CONCURRING:
Section 1. There is hereby created a joint legislative
advisory committee on apportionment to be composed of
ten (10) members of the legislature to be appointed as
follows:
The President of the Senate shall appoint five (5)
members of the Senate; the Speaker of the House of Rep-
resentatives shall appoint five (5) members of the House
of Representatives; such appointments shall be made as
soon as practical after this resolution shall become ef-
fective.
When said appointments have been made the committee
shall meet and elect a chairman and vice-chairman and
organize in such a manner as shall be compatible to the
prompt dispatch of the business of the committee. The
members of the committee shall serve at the pleasure of
the officer making the appointment. Vacancies shall be
filled by the officer appointing the vacating member.
Section 2. The committee shall have the duty to estab-
lish liaison; counsel and advise with the other members
of the legislature, the executive, as well as the judicial
branches of government in all matters relating to the
complete and satisfactory apportionment of the Florida
legislature.
The committee shall have the authority to assemble
such data as is deemed necessary, to employ counsel and
and other persons necessary to carry out its functions
and to take such other proper and necessary action as
required to carry out its purposes and objectives.
Section 3. All expenses incident to the above shall be
paid out of general legislative appropriatiations provided
in section 11.12, Florida Statutes, and millage and per
diem of committee members shall be paid at the rate
provided in Section 112.106, Florida Statutes, by the State
Treasurer upon warrant drawn by the State Comptroller.
which amendment reads as follows:
In Section 3, 3rd line, strike out: "millage" and insert
the following in lieu thereof: "mileage" and in line 5, strike

JOURNAL OF THE HOUSE OF REPRESENTATIVES AUGUST 11, 1962

out: "112.106" and insert the following in lieu thereof:
"112.061"
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
Tallahassee, Florida
August 11, 1962
The Honorable William V. Chappell, Jr.
Speaker of the House of Representatives
Sir:
I am directed by the Senate to inform the House of
Representatives that the Senate has concurred in House
amendments to-
By Senator Carraway-
S. B. No. 21-X(62)- A Bill to be entitled An Act
providing for the apportionment of the membership of
the senate of the legislature of the state of Florida into
forty-six (46) districts; amending section 10.01, adding
section 10.04, Florida Statutes; providing for an election;
providing for filling vacancies; providing effective date.
-which amendments read as follows:
Amendment No. 1-
In Section 2, Subsection 1, Line 1 after "The" strike
out 1962 and insert the following in lieu thereof: 1963.
Amendment No. 2-
In Section 4, strike out entire section and insert the
following in lieu thereof: Section 4. This act shall take
effect immediately upon the ratification of an amendment
to Article VII of the constitution as presented by the
legislature in extraordinary session 1962, by House Joint
Resolution No. 30-X, as amended.
Amendment No. 3-
In Section 2, Sub-section (1), Line 11, following the
words "Such election" strike out: "to" and insert the fol-
lowing in lieu thereof: "shall"
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
Tallahassee, Florida
August 11, 1962
The Honorable William V. Chappell, Jr.
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 Messrs. Horne of Leon and Chiles of Polk-
H. B. No. 59-X- A Bill to be entitled An Act
providing for the apportionment of the membership of
the House of Representatives of the Legislature of the
State of Florida; amending Section 10.03, adding Section
10.04, Florida Statutes; providing for an election; provid-
ing for filling vacancies; providing effective date.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
Tallahassee, Florida
August 11, 1962
The Honorable William V. Chappell, Jr.
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 Messrs. Griffin, Mattox and Chiles of Polk, Askins
of Nassau, Ayers of Hernando, Bass of Hardee, Cleveland
of Seminole, Daniel and Reedy of Lake, Ducker of Orange,
Griffin of Osceola, Horne of Leon, Knowles of Manatee,
Liles of Hillsborough, Livingston of Highlands, Markham
of Okeechobee, Miner of Hendry, O'Neill of Marion,
Peeples of Glades, Roberts of Union, Smith of St. Lucie,
Smith of DeSoto, Vocelle of Indian River, Wadsworth of
Flagler and Mrs. Johnson of Orange-
H. B. No. 60-X- A bill to be entitled An Act
amending section 601.15(3) (a), Florida Statutes, relating
to excise taxes on citrus so as to provide for an increase
of the excise taxes on oranges from five cents (56) per
standard packed box to ten cents (100) per standard
packed box, and fixing the period during which such in-
crease shall be in effect; providing that this act shall
not repeal or affect to any extent section 601.151, Florida
Statutes, or any amendment thereof; providing for an ef-
fective date.
Very respectfully,
ROBT W. DAVIS
Secretary of the Senate
And House Bills Nos. 59-X and 60-X, contained in the
above messages, were ordered enrolled.
Tallahassee, Florida
August 11, 1962
The Honorable William V. Chappell, Jr.
Speaker of the House of Representatives
Sir:
I am directed by the Senate to inform the House of
Representatives that pursuant to the provisions of Senate
Concurrent Resolution No. 16-X(62), creating a Joint
Legislative Advisory Committee on Apportionment, the
President announced the appointment of Senators John-
son, Pope, Herrell, Melton and Carraway, as the Committee
on the part of the Senate.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
Mr. O'Neill moved that a committee of three be ap-
pointed to escort to the rostrum the Honorable Don Fu-
qua, Member of the House and Democratic nominee for
the United States Congress from the Ninth District.
The motion was agreed to.
Thereupon, the Speaker appointed Mrs. Johnson and
Messrs. McAlpin and Crews as the committee which es-
corted Mr. Fuqua to the rostrum where he was presented
by the Speaker and briefly addressed the House.
The Speaker introduced Dr. Wayne C. McCall, newly
appointed member of the Board of Control.
ENGROSSING AND ENROLLING REPORTS
August 11, 1962
Your Engrossing Clerk to whom was referred-
House Memorial No. 18-X
-with amendments, reports the amendments have been
incorporated in the measure and the same has been care-
fully examined, correctly engrossed and is herewith re-
turned.
IRMA LINN
Engrossing Clerk
-and House Memorial No. 18-X was ordered enrolled.
August 11, 1962
Your Engrossingi Clerk to whom was referred-

80

JOURNAL OF THE HOUSE

House Joint Resolution No. 30-X
-with amendments, reports the amendments have been
incorporated in the measure and the same has been care-
fully examined, correctly engrossed and is herewith re-
turned.
IRMA LINN
Engrossing Clerk
-and House Joint Resolution No. 30-X was ordered im-
mediately certified to the Senate.
August 11, 1962
Your Engrossing' Clerk to whom was referred-
House Bill No. 59-X
-with amendments, reports the amendments have been
incorporated in the measure and the same has been care-
fully examined, correctly engrossed and is herewith re-
turned.
IRMA LINN
Engrossing Clerk
-and House Bill No. 59-X was ordered immediately certi-
fied to the Senate.
August 11, 1962
Your Engrossing Clerk to whom was referred-
Senate Concurrent Resolution No. 16-X
-with amendment, reports the amendment has been care-
fully examined, correctly engrossed and is herewith re-
turned.
IRMA LINN
Engrossing Clerk
-and Senate Concurrent Resolution No. 16-X with amend-
ment, was ordered immediately certified to the Senate.
August 11, 1962
Your Engrossing Clerk to whom was referred-
Senate Bill No. 19-X
-with amendment reports the amendment has been care-
fully examined, correctly engrossed and is herewith re-
turned.
IRMA LINN
Engrossing Clerk
-and Senate Bill No. 19-X with amendment was ordered
immediately certified to the Senate.
August 11, 1962

Your Engrossing Clerk to whom was referred-
Senate Bill No. 21-X
-with amendments, reports the amendments have been
carefully examined, correctly engrossed and is herewith
returned.
IRMA LINN
Engrossing Clerk
-and Senate Bill No. 21-X with amendments, was ordered
immediately certified to the Senate.
Your Enrolling Clerk to whom was referred-
House Memorial No. 18-X
-reports same has been properly enrolled, signed by the
Speaker and Chief Clerk of the House of Representatives,

AUGUST 11, 1962

E OF REPRESENTATIVES 81

and by the President and Secretary of the Senate, and
presented to the Governor on August 11, 1962
IRMA LINN
Enrolling Clerk
Your Enrolling Clerk to whom was referred-
House Joint Resolution No. 30-X
-reports same has been properly enrolled, signed
by the Speaker and Chief Clerk of the House of Repre-
sentatives, and by the President and Secretary of the
Senate, and presented to the Governor on August 11, 1962.
IRMA LINN
Enrolling Clerk
Your Enrolling Clerk to whom was referred-
House Bill No. 59-X
-reports same has been properly enrolled, signed by the
Speaker and Chief Clerk of the House of Representatives,
and by the President and Secretary of the Senate, and
presented to the Governor on August 11, 1962.
IRMA LINN
Enrolling Clerk
Your Enrolling Clerk to whom was referred-
House Bill No. 60-X
-reports same has been properly enrolled, signed by the
Speaker and Chief Clerk of the House of Representatives,
and by the President and Secretary of the Senate, and
presented to the Governor on August 11, 1962.
IRMA W. LINN
Enrolling Clerk
Your Enrolling Clerk, to whom was referred-
S. B. No. 13-X(62)
S. B. No. 19-X (62)
S. B. No. 21-X (62)
S. C. R. No. 16-X(62)
S. C. R. No. 23-X(62)
S. J. R. No. 18-X (62)
-reports 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 August 11, 1962, for
his approval.
IRMA LINN
Enrolling Clerk
ANNOUNCEMENTS
The Speaker announced that he had appointed Messrs.
Horne of Leon, Mathews of Duval, O'Neill of Marion,
Thomas of Palm Beach and Rowell of Sumter as members
of the Legislative Advisory Committee on Apportionment,
pursuant to the provisions of Senate Concurrent Resolu-
tion No. 16-X.
The hour of 7:10 P. M., August 11, 1962, having arrived,
pursuant to the provisions of Senate Concurrent Resolu-
tion No. 23-X, the House of Representatives stood ad-
journed sine die.

82 JOURNAL OF THE HOUSE OF REPRESENTATIVES

CERTIFICATE
The foregoing pages numbered 1 through 81, both inclu-
sive, are and constitute a complete, true and correct journal
and record of the proceedings of the House of Representa-
tives, at the Extraordinary Session of the Legislature of
the State of Florida convened by proclamation of the Gover-
nor of Florida under Section 8 of Article IV of the Con-
stitution of the State of Florida, from August 1 through
August 11, 1962.
In witness whereof the officers thereunto authorized have
hereunto set their hands in approval and attestation of
same this 31st day of October, 1962.
APPROVED:
William V. Chappell, Jr.
Speaker, House of Representatives
ATTEST:
Lamar Bledsoe
Chief Clerk
House of Representatives

INDEX

TO THE

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

AUGUST 1st-AUGUST 11th, 1962

HOW TO FIND OR TRACE A BILL

TOPICALLY: When the Bill, Resolution or Memorial
number is unknown, use:
1. ALPHABETICAL INDEX OF HOUSE BILLS,
RESOLUTIONS AND MEMORIALS.
The subject matter of each is indexed and cross-indexed
in an alphabetical arrangement, using topics or catchwords
related closely to the subject matter. This is followed by
the number of the Bill, Resolution or Memorial assigned by
the Clerk of the House. Find the Bill number then turn to
the:
2. NUMERICAL INDEX OF HOUSE BILLS, RESO-
LUTIONS AND MEMORIALS.
(a) Here will be found listed in numerical order all
legislation as introduced by the members. Opposite each
Bill number ,is a brief explanation of the subject matter,
the name of the introducer or introducers, and the page
number where reference to the Bill involved appears in the
Journal.
(b) It is possible to trace the entire progress of legisla-

tion from introduction to passage, step by step, as it is
recorded on the various pages of the House Journal by
looking up the Bill number on the page referred to.
3. INDEX TO HOUSE BILLS, RESOLUTIONS AND
MEMORIALS APPEARING IN SENATE JOURNAL.
To trace in the Senate Journal the course of a Bill, Res-
olution or Memorial originating and passed by the House
and sent to the Senate for action, refer to the Journal of the
Senate and to the SPECIAL NUMERICAL INDEX LIST-
ING HOUSE BILLS, RESOLUTIONS AND MEMORIALS
appearing in the Senate Journal. The same Bill number
follows the Bill through both House and Senate. A brief
explanation of the subject matter of the Bill, Resolution or
Memorial and a list showing the introducers and page num-
bers in the Senate Journal where the House Bill appears
makes it possible to trace through the Senate Journal action
on all House Bills.
NUMERICALLY: When the number of the Bill, Res-
olution or Memorial is known, turn directly to the NU-
MERICAL INDEX of the House or Senate Journals listing
House Bills.

MEMBERS OF THE HOUSE OF REPRESENTATIVES
EXTRAORDINARY SESSION
August 1st-August 11th, 1962

William V. Chappell, Jr.
Speaker

George G. Stone
Speaker Pro Tempore

Mrs. Lamar Bledsoe
Chief Clerk

ALLSWORTH, EMERSON-Broward County, Ft. Lauder-
dale
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 55-X
Committees: Judiciary
ANDERSON, GEORGE H.-Jefferson County, Monticello

Bills, Resolutions and Memorials Introduced: Numbers
15-X
Committees: House Administration
ARRINGTON, C. FRED-Gadsden County, Havana
Bills, Resolutions and Memorials Introduced: Numbers
15-X

83

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Committees: House Administration; Rules and Calendar
ASKEW, REUBIN O'D.-Escambia County, Pensacola
Bills, Resolutions and Memorials Introduced: Numbers
15-X
ASKINS, T. H. (TOMMY)-Nassau County, Fernandina
Beach
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 21-X, 60-X
AYERS, JOHN L.-Hernando County, Brooksville
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 60-X
BASS, FRANK-Hardee County, Wauchula
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 60-X
Committees: Apportionment (Vice-Chairman)
BECK, JAMES N.-Putnam County, Palatka
Bills, Resolutions and Memorials Introduced: Numbers
6-X, 15-X
BEDENBAUGH, F. W. (SHORTY)-Columbia County,
Lake City
Bills, Resolutions and Memorials Introduced: Numbers
8-X, 9-X, 15-X, 30-X
Committees: House Administration
BENNETT, JULIAN-Bay County, Panama City
Bills, Resolutions and Memorials Introduced: Numbers
8-X, 9-X, 15-X
Committees: Judiciary; House Administration
BOYD, WILBUR H.-Manatee County, Palmetto
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 59-X
Committees: Rules and Calendar (Vice-Chairman)
BYROM, WILLIAM H.-Santa Rosa County, Milton
Bills, Resolutions and Memorials Introduced: Numbers
15-X
CARTER, RALPH C.-Washington County, Chipley
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 38-X
CHAIRES, HAL-Dixie County, Old Town
Bills, Resolutions and Memorials Introduced: Numbers
15-X
Committees: Apportionment; Rules and Calendar
CHAPPELL, WILLIAM V. (BILL), JR.-Marion County,
Ocala
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 56-X
CHILES, LAWTON M., JR.-Polk County, Lakeland
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 30-X, 60-X
Committees: Apportionment (Chairman); Rules and
Calendar
CLEVELAND, MACK N., JR.-Seminole County, Sanford
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 60-X
Committees: Judiciary; Rules and Calendar

COSTIN, CECIL G., JR.-Gulf County, Port St. Joe
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 51-X
CRAIG, A. H. (GUS)-St. Johns County, St. Augustine
Bills, Resolutions and Memorials Introduced: Numbers
15-X
CREWS, JOHN J., JR.-Baker County, Macclenny
Bills, Resolutions and Memorials Introduced: Numbers
15-X
Committees: Rules and Calendar
DANIEL, WELBORN-Lake County, Clermont
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 32-X, 42-X, 48-X, 60-X
Committees: Apportionment; Rules and Calendar
DUCKER, JOHN L.-Orange County, Winter Park
Bills, Resolutions and Memorials Introduced: Numbers
7-X, 15-X, 27-X, 60-X
ELDREDGE, DAVID C.-Dade County, Miami
Bills, Resolutions and Memorials Introduced: Numbers
14-X, 15-X, 45-X
Committees: Apportionment
ERICKSON, RALPH A.-Sarasota County, Sarasota
Bills, Resolutions and Memorials Introduced: Numbers
7-X, 15-X, 27-X
Committees: Apportionment; Personnel
FAGAN, OSEE R.-Alachua County, Gainesville
Bills, Resolutions and Memorials Introduced: Numbers
15-X
Committees: Apportionment; Personnel

FREDERICK, GORDON V.-Seminole County,
Bills, Resolutions and Memorials Introduced:
15-X

Sanford
Numbers

FUQUA, DON-Calhoun County, Altha
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 38-X
Committees: Apportionment; Rules and Calendar
GRIFFIN, BEN HILL, JR.-Polk County, Frostproof
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 60-X
GRIFFIN, J. J., JR.-Osceola County, St. Cloud
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 21-X, 60-X
Committees: Apportionment
HILL, DAVID A.-Charlotte County, Punta Gorda
Bills, Resolutions and Memorials Introduced: Numbers
15-X
HOLLAHAN, GEORGE L., JR.-Dade County, South
Miami
Bills, Resolutions and Memorials Introduced: Numbers
12-X, 15-X, 28-X, 29-X
Committees: Judiciary (Vice-Chairman)

84

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

HOLLEY, CHARLES R.-Pinellas County, St. Petersburg
Bills, Resolutions and Memorials Introduced: Numbers
7-X, 10-X, 15-X
Committees: House Administration
HORNE, MALLORY E.-Leon County, Tallahassee
Bills, Resolutions and Memorials Introduced: Numbers
l-X, 2-X, 3-X, 15-X, 56-X, 59-X, 60-X
Committees: Judiciary; Rules and Calendar (Chair-
man)
HOSFORD, R. L.-Liberty County, Hosford
Bills, Resolutions and Memorials Introduced: Numbers
8-X, 9-X, 15-X
Committees: Personnel (Vice-Chairman)
INMAN, W. M.-Gadsden County, Quincy
Bills, Resolutions and Memorials Introduced: Numbers
15-X
Committees: Personnel
JOHNSON, MRS. GEORGE W. (BETH)-Orange County,
Orlando
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 60-X
Committees: Apportionment
JONES, LEO C.-Bay County, Panama City
Bills, Resolutions and Memorials Introduced: Numbers
9-X 15-X, 42-X
Committees: Apportionment
KARL, FREDERICK B.-Volusia County, Daytona Beach
Bills, Resolutions and Memorials Introduced: Numbers
4-X, 5-X, 15-X, 22-X
KNOWLES, ROBERT E.-Manatee County, Bradenton
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 43-X, 60-X
Committees: House Administration
LANCASTER, H. E.-Gilchrist County, Trenton
Bills, Resolutions and Memorials Introduced: Numbers
15-X
Committees: Rules and Calendar
LAND, H. M. (MACK)-Lafayette County, Mayo
Bills, Resolutions and Memorials Introduced: Numbers
8-X, 9-X, 15-X
LILES, WOODIE A.-Hillsborough County, Plant City
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 60-X
LIVINGSTON, HOWARD-Highlands County, Sebring
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 21-X, 60-X
Committees: Judiciary; Rules and Calendar
LOEFFLER, DOUGLAS J.-Pinellas County, Largo
Bills, Resolutions and Memorials Introduced: Numbers
7-X, 15-X

85

McALPIN, J. W.-Hamilton County, White Springs
Bills, Resolutions and Memorials Introduced: Numbers
8-X, 9-X, 15-X, 40-X, 41-X
Committees: Personnel (Chairman)
McCLAIN, JOE A.-Pasco County, Dade City
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 50-X
Committees: Apportionment
McDONALD, LEON N.-Suwannee County, Live Oak
Bills, Resolutions and Memorials Introduced: Numbers
9-X, 15-X
Committees: Personnel
MANN, ROBERT T.-Hillsborough County, Tampa
Bills, Resolutions and Memorials Introduced: Numbers
13-X, 15-X, 22-X, 35-X, 36-X, 37-X, 61-X
MARKHAM, W. ALLEN-Okeechobee County, Okeechobee
Bills, Resolutions and Memorials Introduced: Numbers
8-X, 9-X, 15-X, 60-X
MARSHBURN, FRANK-Levy County, Bronson
Bills, Resolutions and Memorials Introduced: Numbers
8-X, 9-X, 15-X
Committees: Apportionment
MATHEWS, JOHN E., JR.-Duval County, Jacksonville
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 18-X, 23-X, 26-X, 30-X
Committees: Judiciary
MATTHEWS, CAREY-Dade County, Miami
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 30-X, 31-X
MATTOX, RAY-Polk County, Winter Haven
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 30-X, 60-X
MINER, CHARLES E.-Hendry County, Clewiston
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 39-X, 54-X, 60-X
MITCHELL, R. O. (DICK)-Leon County, Tallahassee
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 58-X
Committees: Judiciary (Chairman); House Adminis-
tration (Vice-Chairman)
NASH, OLIVER-Franklin County, Apalachicola
Bills, Resolutions and Memorials Introduced: Numbers
15-X
Committees: House Administration
NELSON, G. M. (GUS)-Sarasota County, Sarasota
Bills, Resolutions and Memorials Introduced: Numbers
7-X, 10-X, 15-X, 27-X
Committees: Personnel
NICHOLS, JACK C.-Okaloosa County, Niceville
Bills, Resolutions and Memorials Introduced: Numbers
15-X

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

O'NEILL, WILLIAM G.-Marion County, Ocala
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 24-X, 25-X, 30-X, 32-X, 60-X
Committees: Apportionment; Judiciary; Rules and Cal-
endar
PAPY, BERNIE C.-Monroe County, Key West
Bills, Resolutions and Memorials Introduced: Numbers
15-X
Committees: Rules and Calendar
PEAVY, OTIS R.-Madison County, Madison
Bills, Resolutions and Memorials Introduced: Numbers
8-X, 9-X, 15-X
PEEPLES, JOE H., JR.-Glades County, Venus
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 60-X
PRUITT, JAMES H.-Brevard County, Eau Gallie
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 21-X
REEDY, W.H. (BILL)-Lake County, Eustis
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 60-X
ROBERTS, C. A.-Union County, Lake Butler
Bills, Resolutions and Memorials Introduced: Numbers
9-X, 15-X, 52-X, 60-X
Committees: Personnel
ROBERTS, EMMETT S.-Palm Beach County, Belle Glade
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 19-X, 54-X
Committees: Apportionment
ROWELL, E. C.-Sumter County, Wildwood
Bills, Resolutions and Memorials Introduced: Numbers
15-X
Committees: Apportionment; Rules and Calendar
RUSS, BOBBY-Wakulla County, Crawfordville
Bills, Resolutions and Memorials Introduced: Numbers
15-X
Committees: House Administration (Chairman)
RUSSELL, JAMES T.-Pinellas County, St. Petersburg
Beach
Bills, Resolutions and Memorials Introduced: Numbers
7-X, 15-X
RYAN, A. J., JR.-Broward County, Dania
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 55-X
Committees: Apportionment
SAUNDERS, JACK A.-Monroe County, Key West
Bills, Resolutions and Memorials Introduced: Numbers
15-X
SAUNDERS, S. D. (SAM)-Clay County, Green Cove
Springs
Bills, Resolutions and Memorials Introduced: Numbers
8-X, 9-X, 15-X, 52-X, 53-X

SCOTT, BRUCE J.-Lee County, N. Fort Myers
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 21-X
SCOTT, W. R.-Martin County, Stuart
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 21-X
Committees: Apportionment; Rules and Calendar
SIMS, J. M.-Jackson County, Marianna
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 38-X
Committees: Personnel
SMITH, KEN-Taylor County, Perry
Bills, Resolutions and Memorials Introduced: Numbers
15-X
SMITH, RUPERT JASEN-St. Lucie County, Ft. Pierce
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 16-X, 17-X, 30-X, 60-X
SMITH, S. C.-DeSoto County, Arcadia
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 21-X, 60-X
Committees: Apportionment
STALLINGS, GEORGE B., JR.-Duval County, Jackson-
ville
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 20-X, 33-X
STONE, GEORGE G.-Escambia County, Atmore, Ala-
bama
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 40-X, 41-X
Committees: Apportionment; Rules and Calendar
STRICKLAND, ALLISON R. (BALDY)-Citrus County,
Inverness
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 41-X, 42-X, 44-X
Committees: Rules and Calendar
SWEENY, JAMES H., JR.-Volusia County, DeLand
Bills, Resolutions and Memorials Introduced: Numbers
15-X
Committees: Judiciary; Rules and Calendar
THOMAS, A. J., JR.-Bradford County, Starke
Bills, Resolutions and Memorials Introduced: Numbers
15-X
THOMAS, JERRY-Palm Beach County, Lake Park
Bills, Resolutions and Memorials Introduced: Numbers
11-X, 15-X, 46-X, 47-X, 49-X, 54-X
TURLINGTON, RALPH D.-Alachua County, Gainesville
Bills, Resolutions and Memorials Introduced: Numbers
15-X
USINA, F. CHARLES-St. Johns County, St. Augustine
Bills, Resolutions and Memorials Introduced: Numbers
15-X

86

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

VOCELLE, L. B. (BUCK)-Indian River County, Vero
Beach
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 60-X
WADSWORTH, W. L.-Flagler County, Bunnell
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 60-X
WALKER, JAMES L.-Collier County, Naples
Bills, Resolutions and Memorials Introduced: Numbers
15-X
WESTBERRY, HARRY-Duval County, Jacksonville
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 23-X, 30-X
Committees: Apportionment; Rules and Calendar

WHITAKER, TOM, JR.-Hillsborough County, Tampa
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 32-X, 34-X, 42-X
Committees: Apportionment; Rules and Calendar
WILLIAMS, J. J. (BOY)-Holmes County, Bonifay
Bills, Resolutions and Memorials Introduced: Numbers
8-X, 9-X, 15-X
Committees: Personnel
WILLIAMS, ROBERT-Jackson County, Graceville
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 38-X
Committees: Apportionment
WISE, JAMES H. (JIMMY)-Okaloosa County, Crestview
Bills, Resolutions and Memorials Introduced: Numbers
8-X, 9-X, 15-X, 40-X, 41-X

COMMITTEE BILLS, RESOLUTIONS AND MEMORIALS

Judiciary, select committee, 57-X

MISCELLANEOUS SUBJECTS OF THE HOUSE OF REPRESENTATIVES

Page Subject
Senate ..............

M miscellaneous Clerical ............................ 2
Sergeant-at-A rm s ................................ 2
CERTIFICATION OF JOURNALS BY
CHIEF CLERK .............................. 82
COMMITTEES:
Standing ....................................... 6
Reports of .............................. 38, 52
Select ....................................... 6
Reports of .......................... 26, 27, 33, 58
COMMUNICATIONS:
Governor's ................. ........... 1, 13, 72

Page
3, 28, 32, 33, 51, 53, 54, 57, 59,
62, 71, 72, 73

GOVERNOR'S MESSAGE .......................... 3
GOVERNOR'S PROCLAMATION ................... 1
HOUSE RULES ................................... 2
JOINT SESSION S ................................ 3
LOBBYISTS ...................................... 22
MEMBERS:
Excused from attendance ............ 1, 13, 18, 23, 29
Listed ................ ....................... 1
ROLL CALL .............. 1, 3, 11, 13, 18, 23, 29, 35,
44, 51, 53, 59

INDEX

87

Subject
ATTACHES:

JOURNAL OF THE HOUSE OF REPRESENTATIVES

VOCELLE, L. B. (BUCK)-Indian River County, Vero
Beach
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 60-X
WADSWORTH, W. L.-Flagler County, Bunnell
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 60-X
WALKER, JAMES L.-Collier County, Naples
Bills, Resolutions and Memorials Introduced: Numbers
15-X
WESTBERRY, HARRY-Duval County, Jacksonville
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 23-X, 30-X
Committees: Apportionment; Rules and Calendar

WHITAKER, TOM, JR.-Hillsborough County, Tampa
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 32-X, 34-X, 42-X
Committees: Apportionment; Rules and Calendar
WILLIAMS, J. J. (BOY)-Holmes County, Bonifay
Bills, Resolutions and Memorials Introduced: Numbers
8-X, 9-X, 15-X
Committees: Personnel
WILLIAMS, ROBERT-Jackson County, Graceville
Bills, Resolutions and Memorials Introduced: Numbers
15-X, 38-X
Committees: Apportionment
WISE, JAMES H. (JIMMY)-Okaloosa County, Crestview
Bills, Resolutions and Memorials Introduced: Numbers
8-X, 9-X, 15-X, 40-X, 41-X

COMMITTEE BILLS, RESOLUTIONS AND MEMORIALS

Judiciary, select committee, 57-X

MISCELLANEOUS SUBJECTS OF THE HOUSE OF REPRESENTATIVES

Page Subject
Senate ..............

M miscellaneous Clerical ............................ 2
Sergeant-at-A rm s ................................ 2
CERTIFICATION OF JOURNALS BY
CHIEF CLERK .............................. 82
COMMITTEES:
Standing ....................................... 6
Reports of .............................. 38, 52
Select ....................................... 6
Reports of .......................... 26, 27, 33, 58
COMMUNICATIONS:
Governor's ................. ........... 1, 13, 72

Page
3, 28, 32, 33, 51, 53, 54, 57, 59,
62, 71, 72, 73

GOVERNOR'S MESSAGE .......................... 3
GOVERNOR'S PROCLAMATION ................... 1
HOUSE RULES ................................... 2
JOINT SESSION S ................................ 3
LOBBYISTS ...................................... 22
MEMBERS:
Excused from attendance ............ 1, 13, 18, 23, 29
Listed ................ ....................... 1
ROLL CALL .............. 1, 3, 11, 13, 18, 23, 29, 35,
44, 51, 53, 59

INDEX

87

Subject
ATTACHES:

JOURNAL OF THE HOUSE OF REPRESENTATIVES

INDEX

NUMERCIAL INDEX OF HOUSE BILLS, RESOLUTIONS, JOINT RESOLUTIONS, CONCUR-
RENT RESOLUTIONS AND MEMORIALS INTRODUCED IN THE HOUSE

NO. SUBJECT OF BILL INTRODUCED BY PAGES

HR
1-X
2-X
HCR
3-X
HB
4-X
HJR
5-X
HB
6-X
HJR
7-X
8-X
HB
9-X
HM
10-X
HB
11-X
HJR
12-X
HR
13-X
HJR
14-X

HR
15-X
HB
16-X
17-X
HM
18-X
HJR
19-X
HCR
20-X

HB
21-X
HCR
22-X
HJR
23-X
24-X
25-X

26-X
HM
27-X

HB
28-X
29-X
HJR
30-X

HB
31-X
HCR
32-X

HJR
33-X
HB
34-X
35-X

LEGISLATIVE
LEGISLATIVE

LEGISLATIVE

APPORTIONMENT ............
APPORTIONMENT ............

APPORTIONMENT ............

LEGISLATIVE APPORTIONMENT .

APPORTIONMENT CASE-
Appellate Counsel ................

LEGISLATIVE APPORTIONMENT .

SENATE REAPPORTIONMENT ..
HOUSE REAPPORTIONMENT ...

HOUSE RULES COMMITTEES ................
HOUSE EMPLOYEES-Members' payments .....

GOVERNOR'S MESSAGE .....................

REAPPORTIONMENT ............... ........

LEGISLATIVE APPORTIONMENT ............

LEGISLATIVE APPORTIONMENT ...........

LEGISLATIVE APPORTIONMENT ............
LEGISLATIVE APPORTIONMENT ............

LEGISLATIVE APPORTIONMENT ............

JURISDICTION OF FEDERAL COURTS ........

SENATE REAPPORTIONMENT ...............

LEGISLATIVE APPORTIONMENT ............

R. A. GRAY- Birthday ........................

CONSTITUTIONAL AMENDMENT-
Constitutional Convention .................. .

AMOS H. DAVIS-Memoriam ..................

SENATE REAPPORTIONMENT ...............
HOUSE REAPPORTIONMENT ................

JURISDICTION OF APPORTIONMENT CASES .
LEGISLATIVE APPORTIONMENT ............

FEDERAL APPORTIONMENT DECISIONS-
Declared Invalid .... . . ........

HOUSE APPORTIONMENT ...................

REAPPORTIONMENT ......................

LEGISLATIVE APPORTIONMENT .........
LEGISLATIVE APPORTIONMENT
LEGISLATIVE APPORTIONMENT ............

LEGISLATIVE APPORTIONMENT ............

CONSTITUTIONAL CONVENTION,
U. S. CONGRESS ... . . .......

88

Horne of Leon-2
Home of Leon-2

Home of Leon-2, 3, 12, 13

Karl of Volusia-6

Karl of Volusia-7, 34

Beck of Putnam-7

Russell, Holley and Loeffler of Pinellas-7, 33
Saunders of Clay-9, 11, 34

Saunders of Clay & Others-9, 11

Nelson of Sarasota and Holley of Pinellas-9

Thomas of Palm Beach-11

Hollahan of Dade-11, 33

Mann of Hillsborough-12

Eldredge of Dade-12

Inman & Arrington of Gadsden-13, 14, 15

Smith of St. Lucie-15
Smith of St. Lucie-15

Mathews of Duval-15, 34, 38, 39, 40, 52, 60, 61, 80, 81

Roberts of Palm Beach-15

Stallings of Duval-16

Scott of Martin-18

Karl of Volusia-18

Mathews of Duval-19, 34
O'Neill of Marion-19
O'Neill of Marion-20, 34, 38, 40, 41, 42, 43, 44, 45, 46, 48,
49, 52, 54, 55, 56, 57, 58, 62, 63, 64, 65, 66
Mathews of Duval-20

Nelson of Sarasota-21

Hollahan of Dade-23
Hollahan of Dade-23

Matthews of Dade-23, 33, 38, 40, 49, 50, 52, 66, 67, 68,
69, 70, 71, 72, 77, 80, 81
Matthews of Dade-24

Whitaker of Hillsborough & Others-24

Stallings of Duval-24

Whitaker of Hillsborough-25
Mann of Hillsborough-25

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

NO. SUBJECT OF BILL INTRODUCED BY PAGES

36-X
37-X
HR
38-X

HJR
39-X
HB
40-X
41-X
HCR
42-X
HB
43-X
44-X
HJR
45-X
HB
46-X
47-X
HJR
48-X
49-X
50-X
HB
51-X
HJR
52-X
HB
53-X
HR
54-X

HJR
55-X
56-X

HCR
57-X
HB
58-X
59-X
60-X
61-X

Mann of Hillsborough-25
Mann of Hillsborough-25

89

--

HOUSE REAPPORTIONMENT ................
SENATE REAPPORTIONMENT ...............

COMMENDATION-144th Transportation
Com pany .... ..... . . ......

DADE COUNTY HOME RULE-Repeal .........

HOUSE APPORTIONMENT ...................
SENATE APPORTIONMENT .................

AMENDMENT TO U. S. CONSTITUTION ......

SENATE APPORTIONMENT ..................
HOUSE REAPPORTIONMENT ................

CONSTITUTIONAL CONVENTION ............

HOUSE APPORTIONMENT ...................
HOUSE APPORTIONMENT ...................

LEGISLATIVE APPORTIONMENT ............
LEGISLATIVE APPORTIONMENT ............
LEGISLATIVE APPORTIONMENT ............

LEGISLATIVE APPORTIONMENT ............

LEGISLATIVE APPORTIONMENT ............

LEGISLATIVE APPORTIONMENT ............

COMMENDATION-149th Quarter-
master Petroleum Depot Co. ..................

LEGISLATIVE APPORTIONMENT .........
REFERENDUM ON COURT-Decreed
Apportionment .... . . ........

FLORIDA SOVEREIGNTY COMMITTEE-
C reaction ....................................

CAPITOL BUILDING COMMITTEE ............
LEGISLATIVE REAPPORTIONMENT ......
CITRUS FRUIT-Excise Tax On ................
LEGISLATIVE REAPPORTIONMENT

Fuqua of Calhoun & Others-26

Miner of Hendry-27, 28

Stone of Escambia & Wise of Okaloosa-28
Stone of Escambia & Wise of Okaloosa-28

Whitaker of Hillsborough-29

Knowles of Manatee-30
Strickland of Citrus-30

Eldredge of Dade-30

Thomas of Palm Beach-30
Thomas of Palm Beach-30

Daniel of Lake-30
Thomas of Palm Beach-31
McClain of Pasco-31

Costin of Gulf-35

Roberts of Union-35

Saunders of Clay-38

Roberts & Thomas of Palm Beach-38

Ryan & Allsworth of Broward-38

Chappell of Marion & Horne of Leon-51

Select Judiciary Committee-53, 54

Mitchell of Leon-54
Horne of Leon & Boyd of Manatee-71, 75, 76, 80, 81
Griffin of Polk & Others-73, 80, 81
Mann of Hillsborough-73

JOURNAL OF THE HOUSE OF REPRESENTATIVES

INDEX

NUMERICAL INDEX OF SENATE BILLS, RESOLUTIONS, JOINT RESOLUTIONS, CONCUR-
RENT RESOLUTIONS AND MEMORIALS APPEARING IN THE HOUSE JOURNAL

NO. SUBJECT OF BILL INTRODUCED BY PAGES

FEDERAL APPORTIONMENT DECISION-
C larification ................................
SENATE APPORTIONMENT .................
LEGISLATIVE APPORTIONMENT ............
APPROPRIATION-Apportionment Suits .......
JURISDICTION OF APPORTIONMENT
CA SE S ....................... ...........

JOINT LEGISLATIVE ADVISORY
COM M ITTE E ...............................
WITHDRAWAL OF SENATE JOINT
RESOLUTION NO. 216 ................... ...
REPEAL OF CHAPTER 61-6 ..................
LEGISLATIVE REAPPORTIONMENT .........
RACE TRACK FUNDS ........................
SINE DIE ADJOURNMENT ...................

Herrell (13th), Davis (10th), Pope (31st)-32

Johns (15th), Carraway (8th), & Others-33
Melton (14th) & Others-28
Ripley (18th)-53, 58, 78, 81

Ripley (18th)-21, 59, 60

Johnson (6th)-51, 52, 58, 76, 77, 79, 80, 81

Pope (31st)-74, 81

Pope (31st)-74, 75, 79, 81
Carraway (8th)-77, 78, 80, 81
Galloway (3rd)-78
Davis (10th)-78, 79, 81

90

SCR
5-X
SB
6-X
7-X
13-X
SM
15-X

SCR
16-X
SJR
18-X
SB
19-X
SB
21-X
22-X
SCR
23-X

	Title Page
	Members of the House of Representatives...
	Officers of the House of Representatives...
	August 1962
	Index

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
143	html_echo_mainwriter.add_text_to_page	Finished reading and writing the file